BC Liberals

British Columbia’s Constitution Act

bc lawsPay attention to Section 44. BC Liberals with their media friends and hired guns – the Digital Warriors – pretend the Speaker’s voting rights are limited. But, the provincial statute is clear: “the Speaker has a casting vote.”

Election of Speaker

37  (1) On its first meeting and before proceeding to business, the Legislative Assembly must elect one of its members to be Speaker.

(2) On being confirmed by the Lieutenant Governor, the election of a Speaker under subsection (1) is effective until the general voting day for the next general election, or until the Speaker dies, resigns the office by writing addressed to the Lieutenant Governor, or ceases to be a member of the Legislative Assembly.

(3) At the beginning of every session, or as the need arises, the Legislative Assembly may appoint one of its members to be Deputy Speaker.

Vacancy in office of Speaker

38  If there is a vacancy in the office of Speaker, the Legislative Assembly must proceed with all practicable speed to elect another of its members to be Speaker.

Appointment of staff

39  (1) The appointment of all permanent officers of the Legislative Assembly must be made by resolution of the Legislative Assembly or, during the interval between 2 sessions, by the Lieutenant Governor in Council.

(2) All appointments of permanent officers of the Legislative Assembly made during any interval between sessions must be ratified by the Legislative Assembly at its next session.

(3) The appointment of all other officers and employees of the Legislative Assembly must be made

(a) by the Speaker, or

(b) by the Provincial Secretary, if there is no Speaker or the Speaker is absent or unable to Act.

(4) A person occupying the position of a permanent officer of the Legislative Assembly is deemed to have occupied that position on and after the date of his or her appointment until the person dies, resigns or is removed from office.

(5) If a person referred to in subsection (4) dies while in office, the remuneration to which the person would have been entitled, had he or she lived until the end of the sixth month after the month in which he or she died, must be paid to the person’s estate.

Speaker to preside

40  The Speaker must preside at all meetings of the Legislative Assembly, unless, under the Standing Orders of the Legislative Assembly, the Deputy Speaker or another member presides.

Deputy Speaker or other member presiding

41  (1) Every Act passed, order made and thing done by the Legislative Assembly while the Deputy Speaker or a member is presiding or acting as Speaker is as valid as if the Speaker were presiding.

(2) Every act done, and every warrant, order or other document issued, signed or published by the Deputy Speaker or a member presiding or acting as Speaker, in relation to proceedings of the Legislative Assembly, or which under any statute could be done, issued, signed or published by the Speaker if then present and acting, has the same effect as if it had been done, issued, signed or published by the Speaker.

Quorum

42  (1) The Legislative Assembly is not competent to conduct business, except to adjourn, unless 10 members are present.

(2) The Speaker, if present, is a member for the purpose of determining a quorum under subsection (1).

Decisions of Legislative Assembly by majority vote

43  All questions must be determined by a majority of votes of the members present, other than the Speaker.

Tied vote

44  If a vote in the Legislative Assembly is tied, the Speaker has a casting vote.


H/T Jen Stewart, a person who alway provides rational commentary.

Categories: BC Liberals

18 replies »

  1. If Christy Clark had her way, she would create legislation that would appoint herself as Queen of BC for life, with the powers of the Governor General, Prime Minister and the Pope.
    An example of “the Master Wizard” pretending to do what is best for her friends and donors but not in the best interest for BC. She is a desperate, vain politician who has been in the position of power too long.
    It will be the revalation of the BC Hydro bills that that puts out her lights and cuts off her power.
    A shameful display of egocentric self centred behaviour.

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  2. Gadfrey Daniel! With all those waters to muddy when she was in government, think what Christy could do with her brainless cranium in opposition!

    Short note to John Horgan, I know you want a rhorough investigation of BC Hydro and Independent Power Producers catastrophic involvement. Can you assure us that Dr Weaver, a huge fan of IPPs, agrees and won’t pull the plug on your government to save his own skin?

    You might hear that question again and from others who, like me, wish you well but not at the expense of covering up the biggest scandal in our history.

    Liked by 3 people

  3. I agree with Rafe Mair. However, if Weaver is given an out he may go along with it. He may like IPPs, but if he can understand the problems it has created in B.C. and the destruction it has caused for salmon runs, he could come on board for an investigation in that it wasn’t implemented in an environmental manner in B.C. and at great harm to the province’s financial well being which impacts everything environmental as in no money for things such as conservation officers, park rangers, pollution inspectors, etc. As long as Weaver is give a way to save face, he can be brought on board because if he goes stay with the good ship Horgan, he is off on his own and he needs to remember he might be out as the Green leader also. He is one of three and that young woman might be a nice replacement as an attraction for the millenills.

    Christy would rather go to the polls again than turn over the government to the NDP/Greens. At the polls she can hope she will win. Turn over the government to Horgan, and there is no hope and she will be out as leader.

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  4. This is the last gasp of hope for Christy. The ball is in the air in a long pass. Chances of her team picking up the win are so slim now. Even with an election the Throne Speech will be remembered always and brought back to torment the Liberals frequently. Her willingness to subordinate her policy for opportunism has now been put on open display. I wonder how many of those that voted Liberal have walked away? The Mainstream Media tore into her this time, but not before progressive bloggers went after her. One thing the Leftenant Governor should bear in mind is that it is better to anger 40% of the voters than 57%. If she cannot see that then maybe it’s past time to get rid of her as well as those Royal welfare recpeints that she represents.

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    • You express it well. Lieutenant Governor would make a terrible mistake and harm the crown’s reputation if she allows an election before Horgan has a chance to prove, once again, he has the confidence of the house. The representatives of 57% of voters who hold a majority of seats should prevail over the party with 40% of the votes and a minority of seats.

      Blocking the NDP/Green political bloc, which has more seats and had 330,721 more votes than the Liberals’ count of 796,772, would be a major political blunder.

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  5. Final play of the game. The media and liberals have played their parts well. The media have been, as never before, critical of Clark and her government and the liberals have given them time to get the message out. When Judith Guichon announces, another election, the media will act surprised and shocked. Hope I am wrong but all this delay and 3 days of debating the throne speech has served it purpose. Arlene

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    • We can respect her for doing the right thing. My only concern is the time wasted to get to this point. Had this been the UK, Horgan would have been asked to form Government in late May.

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    • Norman is, of course, right. It’s not the LG’s job to examine the credentials and commitments, whether in writing or oral of MLAs but simply to decide on what she knows whether or not Horgan can form a government. If he doesn’t, the world doesn’t end. On the other hand you violate the very principle of parliamentary democracy to deny the person with the largest party the opportunity to form a government I don’t believe the standard is any higher than that.
      I’ve not read the case for a long time but as I recall that’s what Lord Byng told Mackenzie king in 1926 I think it was when he refused King’ an election and sent for Mr Meighen who was far short of a majority. If I’m not mistaken, the custom doesn’t require Mr Horgan to say he can, caregotically promise to form a government. This arose in 1952 when Mr Bennett couldn’t possibly guarantee to form a permanent government with but one seat more than Mr Winch and a smattering if humiliated Liberal and Conservatives in the House who wouldn’t in a million years have promised support to him, especially the Conservatives whom Bennett deserted. It seems to me, a mere broth of a lad of 20 at the time, that LG Wallace declared that Mr Bennett, with rhe most seats and no more, was entitled to try to form a government.

      I may be wrong but I don’t think LG Guichon must assure herself that Horgan can form a government, that’s a rule the Liberals just made up. On the other hand, if she doesn’t offer Horgan the chance, she’ll be in a political pickle she doesn’t need, nor do we.

      Her safe route and I believe also her correct route is to call upon Mr Horgan to attempt to form a government. Oh, yes, Lord Byng was pilloried by the Liberals for autocratic colonialism but i believe that cooler heads have concluded he was right.

      A good rule of thumb – whatever Clark says is odds on certain to be self serving bullshit.

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      • Time now to do like the UK and others to create a Manual that sets down all the arcane conventions. Bring together constitutional experts and respected citizens to consult and propose a definitive guide. Our government shouldn’t depend on the preferences and choices of one unelected and unaccountable person, no matter how widely respected she or he was when appointed.

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        • What a ghastly act of gracelessness and poor sportsmanship. All that time to ponder and read the precedents wasted on self pity and navel gazing. She left as she arrived, Christy Clark, parish pump politician looking after Christy Clark at whatever the cost to others who showed her such undeserved loyalty.
          The voting public has a bad memory but not that bad – without a soupçon of class or thought for her successor, Clark has probably cost her party the next election. If Horgan can handle Weaver, stick to the essential stuff until the public gets used to him, he has some time with a good start behind him while the Liberals look like the golfer who muffs the big shot, loses the hole and the match, then refuses to shake the winner’s hand.

          As I said in a recent column, GOOD RIDDANCE!

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  6. I’ve spent my entire life in Canada and have visited many other countries. I’ve never seen such a spoiled brat of a deceptive politician … well, except for Trump, Putin and several others.
    It has been tough getting rid of the Liberals so that the NDP /Greens can clean up Clark’s mess.
    It makes Canada’s 150th celebration more significant and I feel like a proud Canadian. She has been a bad tenant in the legislature. Finally, she will have to show up for work with no chance to hide.
    Was there a hidden bank account that held the $2 Billion surplus that Mike De Jong found? Liberal donors will now be paying for Christy’s “go-away” party.

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  7. “The NDP inherits a treasury that is overflowing with cash. There should be no need for deficits in the near future, that’s for certain.

    It’s about as enviable a fiscal situation a new government could hope to inherit.”

    Ha ha. Just don’t think about the over $170 billion in BC govt debt and contractual obligations.

    https://www.theglobeandmail.com/news/british-columbia/in-a-strange-few-weeks-for-bc-clark-risked-her-political-past-and-future/article35508225/

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  8. Thank you eternally Mr. Farrell for the exceptionally accurate, factual and professional briefings that you have provided to the public here. Without your efforts, explanations and graphs(!) very, very few of us would have had any understanding whatsoever of the insidious things that have been going on with BC Hydro.
    And that’s without even mentioning the other topics which you have written on over this desolate period.
    And this gratitude is expressed with very little knowledge about health issues you have had to deal with.
    As a proud British Columbian who, along with all of you, was watching the brutal destruction of the place we love, I offer my deepest respect and appreciation for what you do.
    We will have a much happier Canada Day than might have been anticipated a short time ago.
    Happy Canada Day to you and yours, sir.

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    • Thank you for the kind words. Health is no longer an issue. The acute kidney disease I experienced in Spring arose after bungled dental work last year had me using too much ibuprofen until the underlying problem was resolved by a new dentist. The NSAIDs interacted badly with other medicines but when the problem was identified, prompt treatment by our family physician and a specialist enabled recovery. I was fortunate to receive assistance from those doctors and the fine people at Lions Gate Hospital. Those of us living on Vancouver’s North Shore are fortunate to have access to excellent public health facilities. I wish others in BC had the same good fortune.

      Liked by 1 person

  9. @ Rafe Mair

    Question

    Will the BC NDP /Green government not have to make an FOI to get information on the behind the scenes activities that have been constantly blacked out by the censors on behalf of the BC Liberals and their donors?

    And

    Will the new government’s Executive Officers (Cabinet) have direct access to all of their predecessors decisions and the flawed backgrounders to go with them?

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  10. It’s been a heck of a grind Norm and hopefully, (I would have said the work you have put in) but continued beating the drum of truth is more accurate, that yourself. Rafe, Ross, Grant, et.al. have, and still are all a part of, is used wisely and with purpose.

    And when attached to our provincial representatives, the word honorable means what it says.

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  11. HAPPY CANADA DAY EVERYONE!

    We got to celebrate our Country’s 150th birthday and a change in the B.C. government! We all got to complain and write about it for the past 16 years but none of us were every shot, thrown in jail, etc.

    Norm thank you for still having the section of the Constitution up regarding how things work. It is what makes our country so great.

    We really do live in a wonderful country.

    Like

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