British Columbia Hansard — Tuesday, July 29, 1980 — Morning Sitting (32nd Parliament, 2nd Session)
32p 02s 800729a
British Columbia — Debates (Hansard)
1980 Legislative Session: 2nd Session, 32nd Parliament
HANSARD
The following electronic version is for informational purposes only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
TUESDAY, JULY 29, 1980
Morning Sitting
[ Page
3563 ]
CONTENTS
Routine Proceedings
Transpo 86 Corporation Act (Bill 19). Committee stage. (Hon. Mr. Wolfe)
Sections 13 to 18 inclusive approved –– 3563
Third reading –– 3563
Mr. Nicolson
Division on third reading –– 3563
Miscellaneous Statutes Amendment Act (No. 1), 1980 (Bill 34). Committee stage.
section 7 –– 3564
Mr. Barber
Hon. Mr. Fraser
section 10 –– 3565
Mrs. Dailly
Hon. Mr. Wolfe
section 15 –– 3565
Mrs. Wallace
Hon. Mr. Rogers
section 20 –– 3565
Mrs. Dailly
Hon. Mr. Smith
section 22 –– 3567
Mrs. Wallace
Hon. Mr. Smith
section 23 –– 3567
Mr. Howard
Mr. King
Hon. Mr. Williams
section 24 –– 3568
Mr. Levi
Hon. Mr. Curtis
Mr. Barber
On the amendment to
section 24 –– 3571
Hon. Mr. Williams
Division on the amendment –– 3571
section 25 –– 3571
Mr. Barber
Division on the amendment to
section 25 –– 3571
section 27 –– 3572
Mr. King
Report and third reading –– 3572
Revised Statutes Correction Act, 1980 (Bill 33). Committee Stage (Hon. Mr. Williams)
section 5 –– 3572
Mrs. Wallace
On the title –– 3573
Hon. Mr. Williams
Report and third reading –– 3573
TUESDAY, JULY 29, 1980
The House met at 10 a.m.
[Mr. Davidson in the chair.]
Prayers.
HON. MR. GARDOM:
Mr. Speaker, this is one of these days of celebration in this
Legislature. I gather that the member for Atlin (Mr. Passarell) is a
proud father. I would like to extend the very best wishes and heartiest
congratulations of the whole assembly to his wife Debra, to the baby
daughter and certainly to him. We look forward to a bountiful supply of
cigars.
Secondly, I'm very pleased to introduce and welcome
to the assembly and beautiful British Columbia two friends of Rev.
Gilbert Smith, who graced us with prayers and a very lovely message
this morning: Mr. and Mrs. William Saunders from kiwi land — Tauranga,
New Zealand. We like to have you here.
MR. BARRETT:
Mr. Speaker, I too would like to extend congratulations to the member
for Atlin and especially to his wife. But I would publicly appeal to
both the Passarells to stop this cliff-hanging business. It took us 11
days to find out whether or not he won by one vote, and the baby was
over 11 days overdue. Mr. Member, that does not give you any excuse to
be late for this assembly. Congratulations to your wife, your daughter
and yourself.
HON. MR. CURTIS: In the gallery today —
and I don't think he's here too often — is the father-in-law of the
Minister of Education (Hon. Mr. Smith), the hon. member for Oak Bay. I
refer to Mr. Wallace Courtney, who is known to many members. He counts
many individuals among this assembly as good friends. Would the House
please welcome him.
MR. BARNES: I'd like to recognize
two visitors who were here yesterday, Jon and Audrey Waldorf from
Spokane, Washington. These two people were high school sweethearts in
1948 and are still together after 32 years. Jon was one of the
quarterbacks on the 1948 Jefferson High School city championship
football team in Portland, Oregon, a team with which we both played. He
and Audrey were doing a group tour yesterday in the legislative
precincts with the tour guides when they recognized this hon. member
returning in the evening from one of his jogs. Not having seen Jon or
Audrey since high school graduation in 1949 I was naturally quite
elated to see them after some 30-odd years. Jon's father, Eric, who
passed away some three years ago, was a mighty influential man in my
life, and it was not without substance that sports writers and athletes
alike used to refer to him as the "Grey Fox" — affectionately, I might
add. Unfortunately, Jon and Audrey had to leave for home last night,
but I would like to have the record show that this House appreciates
having had them visit Victoria. I would like the House to join me in
making that a unanimous affirmative decision.
HON. MR. VANDER ZALM:
I have the pleasure of having breakfast with Mr. Courtney every morning
at the Union Club, but visiting the assembly with Mr. Courtney this
morning is Mr. Godfrey Perkin. I would ask the House to also welcome
Mr. Godfrey Perkin.
Orders of the Day
HON. MR. GARDOM: Committee on Bill 19.
TRANSPO 86 CORPORATION ACT
(continued)
The House in committee on Bill 19; Mr. Strachan in the chair.
Sections 13 to 18 inclusive approved.
Preamble approved.
Title approved.
HON. MR. WOLFE: I move the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed, Mr. Davidson in the chair.
Bill 19, Transpo 86 Corporation Act, reported complete without amendment.
DEPUTY SPEAKER: When shall the bill be read a third time?
HON. MR. WOLFE: Now, Mr. Speaker.
MR. NICOLSON:
I would urge that the minister not have the bill read a third time now,
but that for two reasons he consider a delay. The first reason is that
there is no knowledge of the agreement between the CPR and the Crown as
to the site upon which this exposition is to take place; the second is
that the minister stubbornly put through a piece of legislation which
makes the use of the words "Transpo '86" an offence with a fine of up
to $2,000. I would hope that if we were to delay this reading for some
time, some sanity would prevail.
I have done some checking
over the evening and I find that I'm not alone in my opinion that some
of the wording of the act was indeed — I suppose in the interest of
trying to keep things simple — made so simple as to make the very
utterance of the words "Transpo '86" after this act is proclaimed an
offence. Mr. Speaker, I wish to serve notice to this House that if
there is not a delay in the passage of this bill, I will write to the
Bar Association complaining and hoping that they can bring some
pressure to bear in terms of the sloppy drafting of this particular
section, which I find very offensive. I hope that some corrective
measure will be taken before this House adjourns.
Bill 19, Transpo 86 Corporation Act, read a third time and passed on the following division:
YEAS — 28
Waterland
Nielsen
Chabot
McClelland
Rogers
Smith
Heinrich
Hewitt
Jordan
Vander Zalm
Ritchie
Brummet
Ree
Wolfe
McCarthy
Williams
Gardom
Bennett
[ Page 3564 ]
Curtis
Phillips
Fraser
Mair
Kempf
Davis
Strachan
Segarty
Mussallem
Hyndman
NAYS — 21
Macdonald
Barrett
Howard
King
Lea
Stupich
Dailly
Nicolson
Hall
Levi
Sanford
Gabelmann
D'Arcy
Lockstead
Barnes
Brown
Barber
Wallace
Hanson
Mitchell
Passarell
Hon. Mr. Gardom requested that the division be recorded in the Journals of the House.
HON. MR. GARDOM: Committee on Bill 34, Mr. Speaker.
MISCELLANEOUS STATUTES
AMENDMENT ACT (NO. 1), 1980
(continued)
The House in committee on Bill 34; Mr. Strachan in the chair.
section 7.
MR. BARBER:
Mr. Chairman, the last time we were debating this section, the
Attorney-General (Hon. Mr. Williams), in consultation with the House
Leader (Hon. Mr. Gardom), I gather, decided to pull this
section until
they had an opportunity to study a proposal we had made in order to get
around the obvious problem with giving powers far greater than they
deserve or need, according to the minister's own statements, in regard
to the designation of arterial highways and the paying for and paving
of them. I wonder if the minister responsible could now advise what
advice he in turn received from legal counsel in regard to our proposal
to amend another
section of the Highway Act and drop this unnecessary
section altogether.
HON. MR. FRASER: First of all,
there was a lot of confusion in the last debate, and I take
responsibility for that: in other words, the effect this amendment has
on the member for Burnaby North (Mrs. Dailly) and the second member for
Surrey (Mr. Hall).
The first point I want to make clear is
that it only affects cities over 30,000. It doesn't affect district
municipalities at all, where their concerns were. In other words, it
has no bearing on Burnaby, Richmond, Delta, Surrey, Mission, Langley,
Saanich, Abbotsford, Chilliwack, etc. It only has application to cities
over 30,000 in population, and they are as follows: Vancouver,
Victoria, North Vancouver, Nanaimo, Prince George, Kamloops and
Kelowna. The last four have recently been enlarged in their boundaries
and so in turn have enlarged their populations.
The Highway
Act states that when the population of a city or city municipality is
over 30,000, then arterial highway classification or secondary highway
classification will not apply to that city; that is, the province will
not maintain any of the roads. It also states that when a city or city
municipality has a population in excess of that stated, then grants may
be made to the city by the province to offset the costs of maintaining
the provincial highway system through that city.
However,
continuing from the time that Kamloops, Prince George, Nanaimo and
Kelowna enlarged their boundaries to increase their populations to over
30,000, the province continued to maintain the provincial highway
numbered route system through these cities. The reason Kamloops,
Kelowna, Prince George and Nanaimo were not immediately burdened with
the construction and maintenance responsibilities for all arterial
highways in their cities and were not immediately denied assistance to
maintain and construct all secondary highways within their new
boundaries was that they were not capable of undertaking this burden.
They are not even capable of assuming the burden of the lesser roads
and streets within their new boundaries for several years after
enlargement.
The amendment is therefore aimed at maintaining
the status quo in Kamloops, Kelowna, Nanaimo and Prince George in
respect to arterial and secondary highways.
The only cities
where the status quo may be changed by the amendment are Vancouver,
Victoria, North Vancouver and New Westminster. For many years New
Westminster has been pressing the province to take over the maintenance
of certain provincial highway routes in their city. They have
complained of their inequity of treatment compared to Burnaby. They
would also not object to the province taking over responsibility for
the Queensborough Bridge.
North Vancouver has never had to
maintain the Trans-Canada Highway and interchanges inside its
boundaries. Vancouver has indicated the province has a responsibility
in respect to the Cassiar Street situation. The province has agreed to
help if it can. This amendment makes that possible.
Victoria
has long asserted that its problems in moving traffic to the Western
Community in Esquimalt merit provincial assistance. This amendment
would make this possible.
The other comment I have is that
both Victoria and Vancouver are basically terminal or end-of-the-road
cities. Therefore the problems of moving provincial highway traffic
through to them are not major. The examples above more or less contain
it. There is little interest for widespread provincial input of highway
construction within these two cities, but this does not apply to
Kamloops, Kelowna, Prince George, Nanaimo or New Westminster, although
the last two are not quite so vital, as winter conditions do not
dominate. What we are saying here is that we're trying to legalize. As
a matter of fact, what we're trying to do is help, not hinder, and
certainly help in the financial aspect. I think what I would say with
the Hastings-Cassiar connector, as an example of one estimate I saw, is
$20 million to $25 million. The city of Vancouver wants it fixed. There
is certainly discussion going on about the impact and so on,
engineering-wise, but they don't want to have anything to do with the
financial aspect. These amendments will allow it. I can't see it having
really any effect on the capital city at all.
The other
concern that the committee has had before, affecting zoning and so on,
does not apply to the arterial highways. That only applies to limited
access highways. I recommend the amendment continue.
MR. BARBER:
I would like to conclude debate on this
section by thanking the
minister for his lengthy reply and by saying again that we agree with
the object. Most certainly the longtime member for New Westminster, Mr.
Cocke, has
[ Page
3565 ]
been among those in the forefront of pressing for provincial support of that particular highway problem.
agree with the object, but the mechanism you have proposed and the
powers you have given yourself through this
section are far too great
for the much smaller job that both you and we agree should be done. We
support the object, but we simply cannot support the instrument of
policy you've chosen in order to obtain it.
Sections 7 to 9 inclusive approved.
section 10.
MRS. DAILLY:
I think any amendments to the Library Act, which have been wanted and
awaited for many years, are welcome. But I want to make a point to the
minister in charge of this particular section, which is that the
concern expressed to me by some people in the Library Federation and
the Library Association is that they'd been hoping for a far more
comprehensive change to the act.
I don't really know who I'm talking to on this particular bill, Mr. Chairman. Can you help me?
AN HON. MEMBER: So what else is new?
MRS. DAILLY: You're right; it happens all the time. Does it really matter? I don't know who's going to reply.
MR. BARBER: The Provincial Secretary.
MRS. DAILLY:
Well, I know it should be, but he's not here, Oh, I see, he came back.
I know he's in charge, but I couldn't see him over there.
Anyway,
what I want to ask — and I hope he will reply — is that this amendment
certainly allows for and opens the door for more cooperation between
different types of libraries throughout the province, and I think that
is welcomed. I'm sure the taxpayer welcomes the fact that cooperation
is being made easy for the libraries in the province. In the long run,
it not only facilitates better service, but from a financial point of
view it's good also. I think the thing that's missing here — and I
wonder if the minister could tell us if he intends to bring it in in
the future, and why it isn't in now....
Why is there nothing
here that helps facilitate cooperation between the public libraries and
different kinds of libraries? I'm thinking here of university and
community college libraries. It seems a bit ridiculous to have all
these institutions having their own libraries without cooperation. I
can understand their wanting their own, but there should be far more
cooperation between public libraries and libraries of a different kind.
I wonder if the minister could tell us if he agrees with that and if
he's planning to facilitate it.
HON. MR. WOLFE: In response to the member's question, this amendment,
as I think she is aware, really gives legal status to a federation that was
organized in greater Vancouver in 1975. This Library Federation encompasses
libraries in eight communities of the lower mainland, Vancouver, Richmond, Burnaby,
New Westminster, North Vancouver city and North Vancouver district. The federation
has facilitated equal access to library resources for a population of close
to one million people. This proposed amendment will give precise legal status
to the Greater Vancouver Library Federation in exercising the powers and duties
it has undertaken as a society and — this perhaps will answer her question
— permit the formation of similar federations should public libraries elsewhere
in the province wish to so organize themselves. It should be noted that in a
federation the member library boards retain their autonomy by agreement. So
they have, to the extent that is feasible, the best of both worlds: control
of their local affairs and participation in a system which gives them access
to greater resources and provides them with centralized services and economies
in the processing of materials.
The
member asked whether the same status could be provided to libraries
other than public libraries. I'm not sure that they are really covered
under this act. I would have to explore that matter further, but I'll
certainly give it a lot of consideration.
Sections 10 to 14 inclusive approved.
section 15.
MRS. WALLACE:
I would just like to ask the minister responsible for this act what the
thinking behind this change is. Why is the appointment of a director
being put directly in the hands of the minister rather than being left
in hands of the rather non-partisan Pollution Control Board? It seems
to me that this is opening the door to allow political influence in the
appointment of directors under this act.
HON. MR. ROGERS:
I think the notes on the side of the bill explain it pretty carefully.
It's a matter of semantics more than anything else. It's not a question
of appointments.
MRS. WALLACE: That may be true in
the second part of the amendment, but certainly not in the first part.
In the first
part it is simply changing the definition of "director"
from someone appointed by the Pollution Control Board to someone
appointed by the minister. There's nothing that relates to semantics in
that: that's a definite change in the method of appointing those
directors. It's a change that allows political influence into the
appointment, much more so than having those people appointed by the
Pollution Control Board, under whom they're going to work.
MR. CHAIRMAN: Shall
section 15 pass?
MRS. WALLACE: I would like an answer from the minister. He talks about semantics and semantics is not an answer to that. He has no answer.
AN HON. MEMBER: He doesn't know.
MR. HOWARD: And he doesn't care.
MR. CHAIRMAN: Order, please.
MRS. WALLACE: Obviously the minister doesn't know or else he doesn't care — perhaps both.
Sections 15 to 19 inclusive approved.
section 20.
MRS. DAILLY: Mr. Chairman, I regret that the Minister of Education (Hon. Mr. Smith) is not here, because this
[ Page 3566 ]
section
deals with scholarships. It's a revision of the Scholarship Act. The
dispensation of scholarships to the students of the province is a very
vital function of the ministry. So I have a question to ask. The
minister is not here, Mr. Chairman, but I'd like to get it on record
and I hope perhaps the minister, if he's in his office, will be aware
of the question and perhaps will bring back an answer. I'm really
surprised that the minister whose.... You know, they can see ahead as
we can that these sections are coming up.
I think the
Minister of Education has had a number of appeals made to him on this
matter of scholarships, so it's a fairly controversial matter right
now. The concern I have, and this is a major concern, is the question
of the revision of the scholarship regulations and how a student can
apply for a scholarship. The regulations have been drastically changed
under this minister. I'm very anxious to know if he has taken a second
look at the delegations and the letters he has received, which have
asked him to change the new regulations for scholarships which he has
brought forward. Mr. Chairman, for those of you who may not be aware
what the basic concern is in the change of the scholarship award
regulations, it's that under this minister it has become and taken on
the tone of a very elitist scholarship system with the whole emphasis
being on those who are academics. I think it's important to get this
out now, Mr. Chairman, as briefly as I can.
Under the new
regulations — unless the minister has changed them, and I haven't heard
he has — it means that students must qualify in at least five courses
in their chosen specialty. This will become a very difficult criterion
to meet for many schools in B.C. as some, Mr. Chairman, are unable to
offer that many courses in certain specialties. So really what we're
seeing here is perhaps discrimination against the smaller secondary
schools, which means that the rural members of this Legislature should
really be up on their feet asking the minister to make changes, surely,
in anything that's going to discriminate against the students who
reside in rural areas. Unless the minister can tell me otherwise, this
is the way we see it.
Also, to get a scholarship, it has now been changed to this: that the recipient of an award....
HON. MR. WILLIAMS:
On a point of order, Mr. Chairman, I wonder if I could impose upon the
hon. member for Burnaby North. We've asked the Minister of Education if
he could be here to deal with this subject, because it's one which I
know is important to you and to the legislation. If the rules of the
committee would permit, Mr. Chairman, I would like to suggest that we
would move to a subsequent section, so that the minister could be here
in order to respond to the member.
MRS. DAILLY: Fine. Thank you.
HON. MR. WILLIAMS: So may we defer, Mr. Chairman, the consideration of
section 20 and move on to other sections until the minister is present?
AN HON. MEMBER: Do you agree?
MRS. DAILLY: Agreed.
AN HON. MEMBER: I don't think we can do it.
HON. MR. WILLIAMS:
Mr. Chairman, apparently the rules of the committee do not permit the
granting of leave of this kind. I suppose I could stand here and talk
for a while until the minister arrives, if I was sure he was coming.
AN HON. MEMBER: How about a 15-minute recess?
MRS. DAILLY: We'll both talk.
HON. MR. WILLIAMS: I could go through a list of scholarships that the member for Shuswap-Revelstoke (Mr. King) has won.
MR. KING: It says leave can't be granted.
HON. MR. WILLIAMS:
Oh, he says leave can't be granted. Perhaps the committee could just
relax for a minute, Mr. Chairman, until we find out where the minister
is.
MR. CHAIRMAN: Hon. minister, the committee is
empowered to deal with the bill
section by section. That is what the
committee is called for, and I unfortunately have to tell you that
that's all we can do.
MRS. DAILLY: Do you want me to continue and put this on the record, Mr. Chairman?
MR. CHAIRMAN: Oh, all is saved, hon. member. Please continue.
MRS. DAILLY:
The point I am making to the Minister of Universities, Science and
Communications, whom I am glad to see is here, is on scholarships. As I
said earlier, I think the minister is well aware of the concern that
people have expressed to him as well as to myself and other members in
the House. Generally we feel that the emphasis on your change on
scholarship awarding is on the academic. We must remember that whether
a student is academic or vocational, the student should be treated the
same in our society. I am really concerned that there is an elitist
turn to this change in scholarships. I think a concern has been
expressed that students in the past have used the scholarship money to
buy a kit of tools that would give them a good start in their
vocational trade or their apprenticeship or even a new wardrobe.
Students are now going to find it very difficult to do these things
which they could in the past.
They must also pass the
new regulation also tips the advantage again to the academically
oriented student. Basically, without becoming too repetitious, I am
asking the minister to reconsider these regulations so that all
students in this province, whether they are vocational or academic,
will have an opportunity to receive scholastic moneys.
HON. MR. SMITH:
I heard what the hon. member said on my squawk-box, so I appreciate her
remarks. This amendment, though, hon. member, is not in any way
inconsistent with what she said. It simply allows some leeway to fix
larger scholarships regardless of whether they are given for academic
or vocational purposes, in keeping with the present level of inflation.
All her remarks on the criteria for awarding
[ Page
3567 ]
district scholarships are pertinent ones. I am
reviewing those criteria and have said that I would review them. I am
sure she would not want to stand in the way of scholarship recipients
receiving additional moneys in a time of inflation. That really is all
this amendment is aimed at.
MRS. DAILLY: I appreciate
the minister's clarification. As he knows, I was aware that it was
dealing with moneys. As long as the Chairman allows me that freedom to
go into the reasons for the money being given, which I think was a fair
understanding.... Your ruling was to let me proceed, Mr. Chairman. I
took that opportunity, because I didn't know when else I could do it.
Sections 20 and 21 approved.
section 22.
MRS. WALLACE:
I find myself in the same position the former speaker did, in that the
minister responsible for this particular
section is not in the House. I
have some concerns on which I would like to see some guidelines set to
ensure that this money that we are putting into research is being spent
in directions which are the most needed directions in the province of
British Columbia.
I had a grave concern when that minister
stood in the House not too long ago and told me that none of that
research money is going into the agricultural industry, I have some
hesitancy in just letting this amendment go through without at least
drawing that point to the attention of the minister, if he were here,
because I would like to know whether or not there are any guidelines as
to how the money is going to be allocated, if there are guidelines
showing where the most desperate needs are in research and which areas
of research would best benefit the economy and needs of the province.
Some research can perhaps be very interesting and very valuable but it
has no immediate effect. Certainly we are spending far less of our
gross provincial product on research than a great many other
jurisdictions, which have in fact proven themselves much more
successful in competing in the economic markets around the world. If we
could ensure that the research money we are spending was directed into
those areas of research that would have the most beneficial results for
our economy here in British Columbia, I think this would be a good
direction to go to that council.
I am sorry the minister is
not here to give some comments on this particular matter. I had hoped
when the member for Burnaby North raised this earlier — we have similar
concerns about this — that the minister might have been in the House.
Unfortunately he has not arrived. I can do no more than record in Hansard
my concerns about this and my strongly expressed wish that some
direction go to ensure that the moneys we are spending in research here
in the province be directed into the kind of areas that will have a
much needed beneficial effect, to ensure that we have programs in place
— I am thinking of environmental concerns. We should be directing a lot
of our money that way to ensure that if we come to a point where
certain chemicals or items are no longer allowable — 2,4-D in
agriculture and pentachlorophenol in the lumber industry, for example —
we have alternatives and we don't find our agriculture and forest
industries going into the doldrums because we haven't done our homework
in the research field.
HON. MR. SMITH: As an
alternate for that other minister I would point out to the member that
what this amendment really does is to now allow the funding of those
parts of the act that deal with the awarding of scholarships and
encouraging development of improved technology and skilled research. Of
course that embraces agriculture as well as other....
MRS. WALLACE: There's no money for agriculture.
HON. MR. SMITH:
Section 23 of the act makes it clear that the funding is available
broadly for technological training and skilled research. I would think
that that certainly embraces agriculture, hon. member. So you should
welcome the amendment but persuade the minister to encourage the
council to fund in the direction in which you are interested.
Section 22 approved.
section 23.
MR. HOWARD:
Mr. Chairman, on first blush you might say that this is a properly
worded amendment or change, saying that directors of the council or
secretariats shall not be personally liable for anything done or not
done as long as it is done or not done in good faith. But on thinking
about it further it does raise in my mind something that probably
shouldn't be there. Directors of the council and secretariat would
obviously operate under policy decisions of the council itself. If the
policy decision, for argument's sake, was to make a decision to engage
itself in nuclear research and the secretariat and directors then
proceed to do things in good faith — meaning within the bounds of
whatever the policy decision is — and as a result of that some terrible
damage may occur to persons or property, the individuals would feel
completely protected and in a cocoon insofar as their operations are
concerned.
I just think it gives too broad a blanket of
protection to do anything whatsoever as long as the individual director
or secretariat feels that it is "in good faith." Good faith becomes a
judgmental thing, really, because it is within the bounds of policy and
the conscience of the individual who may be conducting experiments with
chemicals, poisons, explosives or whatever that may have an injurious
effect upon people's lives and/or their property. I think it is far too
broad a definition and protective mechanism to put in there, and that
it should be worded in some other way to ensure that the policy
decisions themselves are the ones that should be examined.
MR. KING:
Mr. Chairman, I think that there should be someone in the cabinet
prepared to answer the very serious points which my colleague from
Skeena has raised. I can understand why personal liability is something
that the government may want to modify, but to immunize the whole
apparatus from any civil action certainly seems to me to be taking a
very long step. This would mean, as I understand it, that any citizen
whose health was jeopardized or property was damaged in any way would
not have the right of a civil action against the agency which the
government is setting up. If the directors, secretariat and council are
immune from any civil action, does this mean that there is no area of
redress for the average citizen of the province who is done damage
either to his personal being or to his property?
[ Page 3568 ]
Does
this mean that there is no avenue of civil redress? I think the
Attorney-General could tell us what is meant. What avenue does the
average citizen have? It's pretty hard to look down the road and
forecast all of the vagaries that surround the activities of the
council and predict any damage or controversy that may arise which
should, in fact, be litigated before the courts in terms of damages. I
just wonder how broad this is. What's intended? I'd appreciate the
Attorney- General commenting on it.
HON. MR. WILLIAMS:
Mr. Chairman, I think the position taken by the member for
Shuswap-Revelstoke is an extension of the comments made by the member
for Skeena (Mr. Howard), which indicate that he has not carefully
considered the words of the proposed amendment. The amendment is only
intended to and does only provide immunity with respect to personal
liability of the individuals who may serve as directors or employees of
the council or the secretariat. However, it does not extend immunity
from civil action at the behest of any person who may be wronged to
either the council or the secretariat.
I would simply refer
members to the Science Council Act, which in
section 13 makes it clear
that the council and secretariat are, for all purposes, agents of the
Crown in right of the province, and the council and secretariat are as
agents of the Crown, legal entities. Therefore if the secretariat or
the council were to engage in activities resulting in damage to any
person, then the council, the secretariat and through them the Crown in
right of the province would be proper parties to be included in any
process which might be necessary and would be liable for damage in the
event that wrongful acts had taken place.
MR. HOWARD:
Mr. Chairman, the Attorney-General missed the point of where I was
going. I read the amendment and saw the question about "personally
liable" and so on — and that's fine — and I knew that the council
itself, as an entity, was liable. What we're talking about here is that
we either have given or are now giving the Science Council all of the
attributes of an individual person, except a conscience or a soul. The
Science Council can go ahead and do whatever it so desires to do. The
individual director or the people in the management and administration
of it, because they don't feel the sense of personal responsibility —
only perhaps to the extent that their consciences permit them to feel
that — can go ahead with complete abandon to do whatever it is the
council in policy decides to do, and the individual feels no part of
that. That's what I'm getting at. It is in fact removing or seeking to
remove what spiritual guidance the individual working within this
organization may have. That's all we're getting at — not the question
of liability of the council. We know that that exists. I'm just saying
that that was not a very satisfactory answer that I got from the
Attorney-General about the matter.
I just feel that the more
we go in this direction.... I'm saying that the individual working
within the structure doesn't feel, and by law doesn't have, any
personal liability. Therefore that seems to lessen his personal
responsibility and commitment to the matter, and his conscience then
tends, as we have discovered the situation to be in many, many
institutions in North America, to be suppressed by the policy weight of
the council or the organization itself. All I was seeking to advance
was the idea that we should structure the wording in some other way, to
ensure that that individual soul and conscience of the person working
in there should have some force in what takes place.
Section 23 approved.
section 24.
MR. LEVI:
I just want to ask the minister.... I don't think that the change
that's envisioned here is going to help this House or the minister in
any way in understanding what's going on financially in the Systems
Corporation. We've been very unfortunate in this House that we've had
two ministers — the present minister and his predecessor — who simply
are not aware of what's going on in that Systems Corporation. Neither
of them were able to answer any of the financial questions that were
raised in this House. The fact that you move it is rather swift
retribution. The comptroller-general only left yesterday and here we
are changing him for the auditor-general.
But there is a
very serious problem with respect to this corporation. It has been
operating fully for two years and its budget has doubled in two years.
It has gone from $22 million to $40 million. We did not have a chance
to examine the finances in terms of this any more than we're going to
get much of a chance to examine them, other than if the auditor-general
reports on it and we get in front of the public accounts committee....
I asked the minister's predecessor — and I would ask the present
minister — to consider putting this new Crown corporation on the
schedule of the Crown corporations reporting committee. It's not just
sufficient to change the auditor. It is a new Crown corporation.
Decisions are being made which have very serious financial
implications. One was made the other day by the minister's president
that they're going to go into one particular main-frame manufacturer;
that is, they're going to lock themselves in completely with IBM. There
should have been some consideration of what the financial implications
of that are in terms of this corporation.
The fact that we
moved just from the auditor-general to the comptroller-general, or the
other way around, is not going to add anything in terms of the ability
of this House to understand what is going on in that corporation. There
should have been in here or should have been an amendment....
The
minister should look to putting this Crown corporation on the
schedule
of the Crown corporations reporting committee. It would have made
eminent sense to have done that right in the beginning, because then
that committee would have had an opportunity to look at the Crown
corporation as it is being developed and understand some of the
policies that were being made by the board of directors in terms of
development. For some reason the government prefers to avoid this. This
is not going to meet the problems that exist in that corporation. We've
not had a minister yet who can understand what's going on or who has
been able to express any specific opinions about it. If that is going
to be the case then this isn't going to help at all.
I ask
the minister to give consideration, which his predecessor did not, to
moving this onto the
schedule of the Crown corporations reporting
committee. Then we can understand what's going on in the corporation.
HON. MR. CURTIS:
The point — while it may be beyond the limits in the strict
interpretation of this
section which is being dealt with by the
committee — is well taken, I
[ Page 3569 ]
feel.
I will give it very serious consideration. I wasn't paying close
attention last year when the former Minister of Finance, now the
Provincial Secretary and Minister of Government Services (Hon. Mr.
Wolfe), answered questions posed to him in committee during debate on
his estimates regarding the Systems Corporation. I don't pretend to
understand all the language that is used by the computer specialists in
this system or any other organization, but I do suggest, with respect,
that we've not yet dealt with my estimates. You will judge for yourself
how I handle the questions that are posed at that time. I think that I
have certainly made myself felt in the Systems Corporation and intend
to continue to do so. That debate, perhaps, is more appropriate at the
debate on estimates stage. I think the specific suggestion of which the
member spoke a few moments ago is one that merits very serious
consideration, and it will be given.
MR. BARBER:
According to the explanatory notes,
section 24 would have the effect of
substituting the auditor-general for the comptroller-general as auditor
of the Systems Corporation. However, the actual language of 24 — and
25, for that matter — does no such thing. It does not name the
auditor-general in either section.
But debating — for the
moment —
section 24, I wonder if the government would be prepared to
accept an amendment which I have prepared which would simply substitute
the words "auditor-general" for "a person appointed by the
Lieutenant-Governor-in-Council." If it is the government's intention to
name the auditor-general, I think that should appear in the act. I
would observe that in a
section we have earlier passed,
section 21, the
specific term "auditor-general" now appears in the amended
section of
the School District Capital Finance Act. It does so because wisely, in
that section, the auditor-general was highlighted by name as the office
responsible for this term.
I would observe as well that in
section 26, which we have yet to debate, the auditor-general by name,
rather than simply as we have it in 24 — "a person appointed by the
Lieutenant-Governor-in-Council" — will shortly be named, I expect, if
it passes, the auditing authority for the Capital Commission Act, the
Captain Cook Bi-Centennial Commemoration Act, Creston Valley Wildlife
Act, Harbour Board Act, Institute of Technology Act, Pension (College)
Act, Pension (Municipal) Act, Pension (Teachers') Act and Workers
Compensation Act. In all those other sections — almost a dozen statutes
which will be amended when this entire bill passes — we see the actual
name, auditor-general, wisely and appropriately appear. But for some
inexplicable reason it does not actually appear in 24 or in 25 and
simply substitutes instead "a person appointed by the
Lieutenant-Governor-in-Council."
I have an amendment in hand
which I believe is technically in order and which would serve, I think,
the mutual interests of both sides of the House. The question separate
is, of course, whether the comptroller- general, the gentleman or the
office, should have these duties. That's a different issue, and I don't
propose to raise that now. We do not object to the auditor-general
being made responsible for examining the books of the System Act or the
Transit Services Act: that's just fine with us. But the explanatory
notes offer an explanation that is not justified by the actual language
of the amendment. I don't know why that's omitted or why, instead of
simply saying "auditor-general," the language is "a person appointed by
the Lieutenant-Governor-in-Council." That could, of course, Mr.
Chairman, be any person. It could be you or me for that matter.
Hopefully they wouldn't make that kind of appointment, but worse
mistakes have been made by governments in the past — well, at least in
the case of myself, I don't know about you. It would certainly be a
mistake to appoint me or any other person who has no technical
background in auditing.
HON. MR. CURTIS: There is a
difference in this
section and in one following
section which has been
identified by the member who has just taken his seat, I think that the
committee would understand that I believe that we may indeed want more
than one audit. I agree that in previous sections that have been dealt
with it says "auditor-general." But there may well be, in this
instance, an external audit. I think the member knows that it can't be
just "you or me," as he said: it would have to be someone who is fully
qualified to conduct such an audit. That is known by all members of the
committee. It may well be, therefore, an external audit by a firm
recognized for that purpose or an individual recognized for that
purpose, and then by the auditor-general. "Person" in this context —
and I wouldn't seek a legal opinion, but we've had it previously —
would be in the singular or the plural. I trust that assists the
member. It is not the intention here to exclude the auditor-general but
rather to have the opportunity of both an external audit and the
auditor-general. I trust that assists the member.
MR. BARBER:
The minister's explanation is not consistent with the explanatory note
in the bill. The explanatory note simply reads: "This amendment
substitutes the auditor-general for the comptroller-general as
auditor." Either the explanatory note is simply not correct or the
government's intentions are somewhat distinct. I take the minister at
his word, that in fact they propose to do that.
Nonetheless,
we're not entirely satisfied with what the government apparently
proposes to do here. If there's a need for an external audit,the board
of directors, I would presume, has the authority on its own accord to
order an external audit. I don't believe there's anything whatever that
prohibits the board from taking that step. There's no language that I'm
aware of, in this or any other comparable act, that would actually say
they may not order an external audit. What we're concerned about,
however, as legislators is not whether or not the board may of its own
accord require an external audit or the government may require it on
its behalf; that's not the issue. Our concern as members of the
Legislature is whether or not the auditor-general will perform the
basic functions required here, formerly performed by the
comptroller-general. The specific language of the act does not in fact
name the auditor-general, and the explanatory note in the bill is
just.... Well, I don't want to say false, but it is clearly inaccurate;
it's just not correct at all. The minister's own explanation verifies
that.
Once again, if there is no prohibiting authority which
would deny the right of the corporation in question or the government
to order an external audit at any time for any purpose at any point in
the year, if anything happened to funds and they wanted a quick
examination, then I wonder why they could not simply accept an
amendment which would name the auditor-general and seal it in the
language of the law to the satisfaction of both sides of the House — in
[ Page 3570 ]
particular
because this side of the House wants the auditor-general named here and
not simply "a person" substituted and not named.
MR. LEVI:
Perhaps the minister could tell us that at the present time the Systems
Corporation does have an auditor — it's Clarkson, Gordon. The proposal
now is that the auditor-general do an audit. What other audit is
necessary?
I'd also like to ask the minister, in relation to
the whole business of financial accountability.... In the recent report
issued by the Systems Corporation I don't see any reference at all to
an audit committee, which is a very strong recommendation that was made
by the former federal auditor-general, Mr. Macdonell — that there be a
function for an audit committee within the board of directors of a
Crown corporation. If we have Clarkson, Gordon doing the audit, and we
will have the auditor-general, what's the purpose of the third one? Is
it that the government wants to move more into the private sector? I
don't understand the reason for the third audit; that's what I don't
understand. You've got one by the corporation, which has its own
auditors, and you will have the auditor-general. What's the third one?
HON. MR. CURTIS:
Mr. Chairman, in response to both members, yes, there is the internal
audit, if you will. It's the audit which is ordered by the board. There
may well be an opportunity or a requirement or a desire on the part of
the government of the day to have an audit done externally by some firm
other than the corporation's audit in addition to the audit which the
auditor-general would undertake. That one could be on a specific aspect
of the Systems Corporation's financial function or on a much broader
basis. As we know, the auditor-general reviews and carefully studies
those sections of a corporation which she and her staff desire so to
do. It may be narrow; it may be complete. I've heard what the members
opposite have said. The intention here is to have the auditor-general
under the general heading of "person," and certainly the
auditor-general will be involved to the extent that she or her
successor would wish. In addition, there may well be the need for yet
another audit externally, quite apart from that which the board has on
a continuing basis.
MR. BARBER: What in current law prohibits the government from doing that without this amendment?
HON. MR. WILLIAMS: It's mandatory.
MR. BARBER:
You have used other auditors for other purposes at other times. One
well remembers the famous Clarkson, Gordon report of 1976. You've done
it before. Did you do it without lawful authority then? Well, hardly.
It's simply the prerogative and the right of government to audit any of
its own functions; no one objects to that. We're not aware of a single
legal hurdle that would disenable you from doing what you say you want
to do.
The corporation currently has an auditor, Clarkson, Gordon. We currently have
an auditor-general who is not named in this section, although we are asked to
rely on the good intentions of the government. Now we're told there may
be a third audit. Assuming three audits are necessary in any case, why do you
need, through this section, such broad and general language? What argument would
you have against our proposal to specify it and name in particular the auditor-general?
We have confidence in that office and I'm sure you do too. We have such
confidence that we would prefer to see it named in the bill, and not simply
to be relied upon the good intentions of the government for its execution.
MR. LEVI:
We might get from the minister, presumably from what he said, that
there could be some concern about the financial operation of the
corporation leading to the possibility of doing a third audit. Nobody
is mucking with the books; it's just.... But I raised earlier that you
can obviate that by simply putting it on the
schedule of the Crown
corporations committee, where it would get a rather minute
scrutinization, because there is very adequate staff there. In my
opinion, the minister has a much better option than the one he's
suggesting here. I don't know of an example, frankly — maybe the
minister can tell us — of where a Crown corporation has an auditor, an
audit done by the auditor-general and where there has been a third one
brought in, unless we refer to what my colleague referred to, which was
in 1976 — and I don't know how you did that. But I don't quite see what
we're doing here in respect to making it possible for a third auditor —
I just don't see that.
The government operates by
order-in-council. The important thing is that it goes a little contrary
to what the Premier said about the function of Crown corporations, that
you have arm-length decisions and you build in sufficient kinds of
checks and balances to make sure that the public know what's going on.
You have built-in....
AN HON. MEMBER: That's what is here.
MR. LEVI:
Yes, but you've already got
an act which covers the Crown corporations
reporting committee. Why do you want to disregard that and go into
something which is generally not the practice?
HON. MR. CURTIS: I'm not disregarding it; I said it's a good idea. We'll took at it. But it's not in this section.
MR. CHAIRMAN: Would all members please address the Chair?
HON. MR. CURTIS:
Through you, Mr. Chairman, there is nothing in this
section which would
permit us to deal with the Crown corporations reporting committee. I
give the undertaking that I shall certainly examine that. That
statement is given honourably.
MR. BARBER: In order
to enter into the record the opposition's commitment to the use and the
person of the auditor-general, rather than to the general language here
in this section, I would move an amendment to this bill at
section 24,
line 3, to read "and substituting the auditor-general" in place of the
former language: "and substituting a person appointed by the
Lieutenant-Governor-in-Council." I so move. If the amendment is in
order, I would like to speak to it briefly.
MR. CHAIRMAN: The member can continue, before the ruling.
MR. BARBER:
The government has yet to present any case as to why they are denied by
statute the right to do an external audit. Apparently the government
feels they have to have that language in this section, because by
result of some other prohibition they can't do it.
[ Page
3571 ]
They've yet to make a case for that; I don't think they can make a
case for that, because by their own precedent — again one thinks of
Clarkson, Gordon in 1976 — they did it anyway, without the benefit of
law or reason.
Because they can do it in any case, we reject
the general language here and the lack of specificity and would much
prefer, and thus by amendment move, that the auditor-general be named
specifically as the replacement for the comptroller-general. I would
observe that that is precisely what the government itself did in
section 21 of this same bill and what the government proposes to do in
section 26 of this same bill. For the same reasons we support the
government's initiative in sections 21 and 26, we ask the government to
accept our amendment in
section 24.
On the amendment.
HON. MR. WILLIAMS: I thank the member for his comments. I just wish to advise him that the government does not accept the amendment.
[Mr. Davidson in the chair.]
Amendment negatived on the following division:
YEAS — 20
Macdonald
Barrett
Howard
King
Lea
Stupich
Dailly
Nicolson
Hall
Levi
Sanford
Gabelmann
D'Arcy
Lockstead
Barnes
Barber
Wallace
Hanson
Mitchell
Passarell
NAYS — 28
Waterland
Nielsen
Chabot
McClelland
Rogers
Smith
Heinrich
Hewitt
Jordan
Vander Zalm
Ritchie
Brummet
Ree
Wolfe
McCarthy
Williams
Gardom
Bennett
Curtis
Phillips
Fraser
Mair
Kempf
Davis
Strachan
Segarty
Mussallem
Hyndman
Mr. Barber requested that leave be asked to record the division in the Journals of the House.
Section 24 approved.
section 25.
MR. BARBER: In this amendment once again the explanatory note does not
in fact indicate the precise case. The explanatory note purports that this amendment
substitutes the auditor-general for the comptroller-general as auditor. In fact,
the language of this
section says: "and substituting 'a person appointed
by the Lieutenant-Governor-in-Council.' " It is not necessary to restate
the same argument, but I will once again move an amendment, in this case to
section 25, line 2, which if approved would read "and substituting 'the
Auditor General' " in place of "and substituting 'a person
appointed by the Lieutenant-Governor-in-Council.' " It is identical
to the language of the previous section, assuming it is in order.
want to make the case again that we are not content to rely in law on
the announced good intentions of any government. Certainly the Social
Credit Party would never rely on the supposed good intentions of the
New Democratic Party, nor do I think it is reasonable to expect this
opposition to rely on the government's good intentions. Both parties
should rely instead on common sense and good language in law. The
current language in this law is not adequate. It does not in fact name
the auditor-general and should. We have confidence that the
auditor-general can and should do the job under the Transit Services
Act. Presumably the government does but for some reason they have
failed to actually name the auditor-general and instead simply removed
the comptroller-general altogether and substituted the term "a person"
which could be any person, including Bernie Smith or Yvonne Cocke, eh?
Interjection.
MR. BARBER:
That is right. You don't like the second any better than we like the
first. The language is too broad. This
section is too general. It
should be made more specific and the language of the law should more
clearly spell out the intentions of the Legislature. The intentions are
apparently, on the government side, that the auditor-general be
responsible. Well, those are our specific intentions and thus we move
the amendment.
MR. CHAIRMAN: The amendment is in order. Shall the amendment pass?
The nays have it.
MR. BARBER: Division.
Amendment negatived on the following division:
YEAS — 21
Macdonald
Barrett
Howard
King
Lea
Stupich
Dailly
Nicolson
Hall
Levi
Sanford
Gabelmann
D'Arcy
Lockstead
Barnes
Brown
Barber
Wallace
Hanson
Mitchell
Passarell
NAYS — 28
Waterland
Nielsen
Chabot
McClelland
Rogers
Smith
Heinrich
Hewitt
Jordan
Vander Zalm
Ritchie
Brummet
Ree
Wolfe
McCarthy
Williams
Gardom
Bennett
Curtis
Phillips
Fraser
Mair
Kempf
Davis
Strachan
Segarty
Mussallem
Hyndman
Mr. Barber requested that leave be asked to record the division in the Journals
of the House.
[ Page 3572 ]
Sections 25 and 26 approved.
section 27.
MR. KING:
Mr. Chairman, I think this should be entitled: "A
section to Remedy the
Premier's Faux Pas." This provides for the retroactive payment of a
member of cabinet to whom the Premier had no authority to pay a salary.
While I have the greatest admiration for my neighbour from Okanagan
North, who was the latest member of the cabinet and who has been
functioning without cabinet salary since the first of the year, I must
express my concern about retroactive legislation which now serves to
remedy an error which the Premier made in forming his cabinet.
should remind the Premier that a famous Prime Minister of Canada once
listed his occupation as cabinet-maker; that was Sir John A., I
believe. Even back in those days of the history of Canada the Prime
Ministers of the nation could count, and they provided well for their
colleagues. If one is to construct a cabinet, one should be able to
count and one should be able to guarantee one's colleagues payment for
their services. On the other hand, with the greatest affection to the
member for Okanagan North (Hon. Mrs. Jordan), who has been performing
her duties as the Minister of Tourism....
I think the slogan
of the Minister of Tourism this year is: "Good show." A "Good show"
award and a button accompanying it should be extended to all people
involved in the hospitality and tourist industry in British Columbia
who have done something beyond the pale of their normal obligation to
promote the province and the economy. I would think that it might be
appropriate under these circumstances if we voted a "Good show" button
to the Minister of Tourism herself for performing the duties that she
has undertaken without pay. I am wondering if, in lieu of passing this
retroactive legislation to pay her her ministerial salary from last
January up to the present, it wouldn't be sufficient to just extend her
a "Good show" button, and let the people of the province place into
general revenue that ministerial salary which she was prepared to forgo
during these many months of her activities.
The Minister of
Finance (Hon. Mr. Curtis) has announced "a crude instrument of
restraint," as he termed it. We're going to freeze all of the hirings
in the public service. We're going to cut back on health care and all
those other crucial social programs. Just think, if we withdraw this
section giving retroactive salary to the Minister of Tourism we may be
able to hire a couple more people to dispense social services to the
people of the province of British Columbia.
MR. BARRETT: Good show.
MR. KING:
I think that would be a really good show. So I'd like the Minister of
Tourism to stand up this morning and tell us whether she would be
prepared to accept the "Good show" button in lieu of the retroactive
salary.
Section 27 approved.
Title approved.
HON. MR. WILLIAMS: Mr. Chairman, I move that the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Davidson in the chair.
Bill 34, Miscellaneous Statutes Amendment Act (No. 1), 1980, reported complete without amendment, read a third time and passed.
Divisions ordered to be recorded in the Journals of the House.
HON. MR. WILLIAMS: Committee on Bill 33, Mr. Speaker.
REVISED STATUTES
CORRECTION ACT, 1980
The House in committee on Bill 33; Mr. Strachan in the chair.
Sections 1 to 4 inclusive approved.
section 5.
MRS. WALLACE:
I have some problems with this amendment and I think for the
information of the committee I would like to read this amendment to
section 28. The first part,
section 5(a), amends section (1) by
striking out "not later than 90 days after the end of its fiscal year."
Therefore subsection (1) would read: "The commission shall submit
annually to the Lieutenant-Governor-in-Council (
a) a report of its
operations for the preceding fiscal year; (
b) a financial statement
showing its business for that fiscal year, in the form required by the
comptroller-general. "
Then it goes on in 5(b) "in
subsection (2)" of
section 28, to add to the end of that subsection
"but the commission need not submit its report sooner than 90 days
after the end of its fiscal year." I would like to read to you
section
28, subsection (2) as it would now read with that amendment. I would
ask that the minister, if he can, explain to me what it means, because
I certainly don't know. Subsection (2) of
section 28 would read: "The
report shall be laid before the Legislative Assembly within 15 sitting
days, following submission, of the session next following the end of
the fiscal year, but the commission need not submit its report sooner
than 90 days after the end of its fiscal year." Can anybody in this
committee tell me what that means?
HON. MR. WILLIAMS:
Mr. Chairman, the first amendment to take out the words which would
oblige the commission to submit its report and statement within 90 days
has been introduced because of the time it has been found to take to
prepare such reports. It is increasingly the practice in dealing with
statements, particularly when audits are involved and financial
statements are required both in government and in the private sector,
to provide for time additional to 90 days.
The second
amendment was put in to ensure that while we would have an obligation
to file a report within 15 days following its submission, we also
accommodated the earlier amendment so that that couldn't be earlier
than 90 days after the end of the fiscal year.
The second amendment follows from the first. The second amendment does not affect the responsibility on the
[ Page 3573 ]
part of the minister to table that report with the House within 15 days following its submission to him.
MRS. WALLACE:
I'm quite aware of what the minister is trying to do with this
amendment, but I suggest to the minister that the wording is extremely
unwieldy and very difficult to interpret. I would urge that this
section be withdrawn and brought back in some kind of understandable
language, because as it reads now it is so unwieldy that it would be
extremely difficult to interpret. Certainly I recognize the intent of
what the minister's trying to do. He's trying to allow a little more
lead time — at least I think that's what he's trying to do — but he
doesn't do it with these words; they don't accomplish it. It leaves the
thing completely open to almost any kind of
interpretation. It's so
unwieldy that no one could know what it is really supposed to mean,
particularly when that first part of
section 1 is deleted, which takes
away any guidelines that you might have had. I think it's completely
open to misinterpretation, and I would urge that the minister withdraw
it so that it can be brought back in some kind of a revised form that
makes a little more sense.
HON. MR. WILLIAMS: All I
can say is that I understand what it means and I'm advised that the
commission understands what it means. It's simply this: in each fiscal
year there will be a report and statement prepared by the commission,
and the ministry that has charge of this legislation has an obligation,
upon receipt of that report, to table it with this House within 15 days.
Sections 5 to 16 inclusive approved.
On the title.
HON. MR. WILLIAMS:
In dealing with the title of this legislation I would like to advise
the committee that a concordance with respect to all of the revised
statutes has now been prepared with the active assistance of the Law
Society of British Columbia and the Canadian Bar Association, and has
been distributed to all subscribers to these statutes by the Continuing
Legal Education Committee. In addition there is under preparation a new
and extensive form of index which is being prepared by the Canadian Law
Information Council. The index will be analytical by concept, word and
subject matter. It is expected to be in print and distributed by
October of this year. British Columbia is the first province to move
into this new field of indexing, and I was advised yesterday that the
provinces of Ontario and Alberta will shortly be following the same
style.
Title approved.
HON. MR. WILLIAMS: Mr. Chairman, I move the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Davidson in the chair.
Bill 33, Revised Statutes Correction Act, 1980, reported complete without amendment, read a third time and passed.
Hon. Mr. Williams moved adjournment of the House.
Motion approved.
The House adjourned at 11:55 a.m.
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