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Legislative Reports Legislative Reports partners. The new amendment to Two companion pieces of legisla- section 1 clarifies that the definition tion affecting the province's real es- of spouse includes "a person who tate industry were also enacted in has lived and cohabited with an- May. The Real Estate Services Act other person in a marriage-like rela- (Bill 41) requires that strata manag- tionship, including a marriage-like ers now acquire a real estate licence; relationship between persons of the implements a statutory compensa- same gender, for a period of at least tion fund to protect consumers from 2 years immediately before the licensee theft or fraud; and gives the other person's death." The Real Estate Council of British Co- amended Bill 3 passed committee lumbia direct jurisdiction over the British Columbia stage and third reading unani- regulation of licensees. The Real Es- mously and was granted Royal As- tate Development Marketing Act (Bill he Legislative Assembly ad- sent on May 13. 42) simplifies the requirements that Tjourned on May 20, having sat Other public bills introduced and a developer must meet before mar- for a total of 47 days since the open- passed by the legislature in May in- keting development property and ing of the Fifth Session on February cluded the Wildlife Amendment Act, provides the Superintendent of 10, 2004. During the spring sitting, 2004 (Bill 51). This new law is de- Real Estate with more effective ad- 64 pieces of legislation were intro- signed to improve the government's ministrative powers to enforce duced, and 53 Government Bills ability to protect species at risk and compliance with the act. Bill 41 had and 3 Private Bills were granted to bring provincial conservation ef- asmoothpassagethroughall Royal Assent. When the House ad- forts in line with those of the federal stages, whereas Bill 42 prompted journed, there was only one govern- Species at Risk Act. The amendments several questions by government ment bill remaining on the Order permit government to designate a Private Members at the committee Paper – Bill 45 will establish a com- species' residence, such as a den or a stage. munity living authority to provide nest, for additional protection, as An important initiative regard- for the delivery of support services well as expand the definition of spe- ing electoral reform was also en- to children and adults with devel- cies from animals and birds to in- dorsed by the House before the opmental disabilities. clude fish, insects and plants. summer recess. The Electoral Reform During the committee stage of Bill Public Bills Referendum Act (Bill 52) outlines the 52, Opposition House Leader Joy special rules that would apply to MacPhail (Vancouver-Hastings) The passage of the Cremation, Inter- holding a referendum if the Citi- expressed concern that the legisla- ment and Funeral Services Act (Bill 3) zens' Assembly on Electoral Reform tive definition of species at risk is was reported on in the previous is- recommends a new model for elect- being determined by government sue. However, on May 12, 2004, the ing the 79 Members of the Legisla- rather than by scientists. However, government took the unusual step tive Assembly. The Act stipulates the government explained that the of declaring third reading of Bill 3 that the outcome of the referendum definitions of at-risk species will be null and void and recommitting the would be binding only if 60 percent based upon recommendations bill in respect to sections 1 and 68. of the total votes cast and 60 percent made by the Committee on the Sta- The recommittal appears to have of the electoral districts endorse the tus of Endangered Wildlife in Can- been in response to concerns raised new method of voting. The referen- ada, the same body that advises the during the Bill's original passage dum would be held in conjunction federal government. that the original definition of spouse with the May 2005 provincial gen- did not explicitly include same-sex eral election. If a new electoral 38 CANADIAN PARLIAMENTARY REVIEW /AUTUMN 2004 model was endorsed by the public, to adopt or update privacy-enhanc- Delta)butlosttheridingof it would be implemented in time for ing technologies; and strengthening Cariboo-Chilcotin. One notewor- the 2009 provincial general election. the powers of the province's Infor- thy event in the June 28 election was mation and Privacy Commissioner. the victory of Chuck Cadman in The Attorney General Geoff TheSpecialCommitteetoAp- Surrey North, the only Independent Plant (Richmond-Steveston) ex- pointaMeritCommissioner, MP elected to the new House. Also plained to the House that if the Citi- chaired by Jeff Bray (Victoria-Bea- of interest, Gurmant and Nina zens' Assembly recommends no con Hill) successfully completed its Grewal were elected as Conserva- change to the existing electoral sys- search for a Merit Commissioner. tives in adjacent lower mainland tem, there would be no referendum. This is the first time an all-party par- ridings, becoming the country's first At committee stage, the opposition liamentary committee has recom- married couple to win seats in the inquired as to how the process of mended such an appointment in Parliament of Canada. writing the referendum question British Columbia. The Merit Com- will be addressed, arguing that "the missioner is responsible for con- Michael Beninger and way the question is written is often ducting random audits of Brant Felker as much up for debate as the actual appointments to and within the Committee Researchers vote itself." Mr. Plant explained that public service, and reporting annu- the details regarding the language ally the results to the Legislative As- and length of the referendum ques- sembly. In its report to the House, tion still need to be worked out. the committee unanimously recom- The provincial Elections Act has mended Diane Rabbani for the po- also been amended recently to sition on May 20. Ms. Rabbani also change the process of enumerating assumes the roles of Deputy Minis- qualified voters. The amendments ter of the B.C. Public Service Agency in Bill 54 will permit Elections BC to and agency head. use the federal register of electors It is anticipated that the Special Alberta for provincial voter registration. Committee on the Citizens' Assem- The legislative changes are de- bly on Electoral Reform will meet in he Spring Sitting of the Fourth signed to eliminate costs associated the fall to report on the outcome of Session of the Twenty-Fifth Leg- with door-to-door enumeration and the public hearings process. In ad- T islature adjourned on May 13, 2004 to increase the number of registered dition, five standing committees after 43 sitting days. At the conclu- voters by over 700,000. One amend- have become active again – Health, sion of the sitting, 35 Government ment also removes the requirement Finance and Government Services, Bills, 3 Private Members' Public for a registration signature, which Education, Public Accounts and Bills and 4 Private Bills were passed could pave the way for on-line reg- Crown Corporations. by the Assembly. One Private Bill istration. Other Matters was the only item of business left on Committee Activities the Order Paper other than Motions On May 20, 2004, the Minister of Other Than Government Motions On May 19, 2004, the Special Com- State for Immigration and Multicul- and Private Members' Public Bills. tural Services Gulzar Cheema (Sur- mittee to Review the Freedom of In- Privilege formation and Protection of Privacy rey-Panorama Ridge) resigned Act completed its yearlong exami- from cabinet to run unsuccessfully On May 13, 2004, at the conclusion nation of the province's public sec- in the federal election. His depar- of the Spring Sitting, Patricia Nel- tor access and privacy law, the first ture from the provincial scene son, Minister of Finance, raised a such review since 1999. In total, the means that a by-election will have to purported question of privilege re- committee made twenty-eight rec- be held on or before November 27, garding comments made by Hugh ommendations to improve the pub- 2004. MacDonald (Lib, Edmonton-Gold lic's right of access to records and to As a result of the recent redistri- Bar) during Oral Question Period strengthen privacy protection. bution of the federal electoral map, on May 12. The remarks were based These included promoting more British Columbia gained three new on an alleged statement made by routine disclosure of government ridings (Abbotsford, Burnaby-New the Minister at the Public Accounts records; encouraging public bodies Westminster and Newton-North AUTUMN 2004 /CANADIAN PARLIAMENTARY REVIEW 39 Committee that same morning. In February 7, 2004. Debby Carlson Other Events thepreambletohisquestion,he announced her resignation as the stated: Liberal MLA for the constituency of On June 6, 2004, Speaker Kowalski Edmonton-Ellerslie on May 28, hosted a ceremony on the steps of The Finance Minister, in an as- 2004. Ms Carlson, who also served the Alberta Legislature to com- tonishing display of misman- memorate the 60th anniversary of agement admitted to the three terms in the Assembly, was Public Accounts Committee once the House Leader for the Offi- D-Day and the Battle of Normandy. this morning that she fumbled cial Opposition. Joining Speaker Kowalski at the cer- the ball on skyrocketing auto emony were Lois Hole, Lieutenant insurance rates when she indi- On July 13, Raj Pannu resigned as cated that she didn't know her the leader of the New Democrat op- Governor, Dave Hancock of Minis- department was rub- position but indicated he would still ter of Justice and Attorney General, ber-stamping rate increases Anne McLellan,DeputyPrime that led to a record high 59 per seek re-election in the constituency cent rise in auto insurance pre- of Edmonton-Strathcona in the next Minister, as well as other federal, miums for average Albertans.
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