41st Parliament of British Columbia

41st Parliament of British Columbia
Minority parliament
June 22, 2017 – present
Parliament leaders
Premier	Hon. Christy Clark March 14, 2011 – July 18, 2017
	Hon. John Horgan July 18, 2017 – present
Leader of the Opposition	John Horgan May 4, 2014 – July 18, 2017
	Christy Clark July 18 – August 4, 2017
	Rich Coleman August 4, 2017 – February 3, 2018
	Andrew Wilkinson February 3, 2018 – present
Party caucuses
Government	Liberal Party
	New Democratic Party *The Liberal Party briefly formed government but was defeated in a confidence vote on June 29, 2017.
Opposition	New Democratic Party
	Liberal Party
Third party	Green Party* * providing confidence and supply for NDP government; Granted third party status retroactive to October 4, 2017.
Legislative Assembly
Seating arrangements of the Legislative Assembly
Speaker of the Assembly	Hon. Steve Thomson June 22 – June 29, 2017
	Hon. Darryl Plecas September 8, 2017 – present
Government House Leader	Hon. Mike de Jong May 4, 2014 – July 18, 2017
	Hon. Mike Farnworth July 18, 2017 – present
Opposition House Leader	Mike Farnworth May 4, 2014 – July 18, 2017
	Mike de Jong July 18, 2017 – present
Members	87 MLA seats
Sovereign
Monarch	HM Elizabeth II 6 February 1952 – present
Lieutenant Governor	HH Hon. Janet Austin 24 April 2018 - present
Sessions
1st Session June 22 – September 8, 2017
2nd Session September 8, 2017 – February 13, 2018
3rd Session February 13, 2018 –
<40th 42nd>

The 41st Parliament of British Columbia is the parliament of the Canadian province of British Columbia. It consists of the Legislative Assembly of British Columbia, as elected by the general election of May 9, 2017, and the Queen in Right of British Columbia represented by the Lieutenant Governor of British Columbia Judith Guichon. The election saw an increase in the size of the legislature from 85 to 87 seats. Immediately following the election, Christy Clark, the incumbent premier, asked the Lieutenant Governor to remain governing until the final votes were counted and it would be known if there would be a majority or minority government.^[1] Guichon agreed and Clark appointed a cabinet of 21 ministers and 13 parliamentary secretaries, which were sworn in on June 12, 2017.^[2]

Although the final vote confirmed that the British Columbia Liberal Party under Clark remained the largest party in the legislative assembly after the election, the British Columbia New Democratic Party under leader John Horgan and Green Party of British Columbia under Andrew Weaver combined had 44 seats (41 NDP and 3 Green) to the Liberals' 43.^[3] On May 29, 2017 the Greens announced they had agreed to a confidence and supply accord with the NDP which would allow the NDP to form a minority government.^[4]

Clark convened the Legislative Assembly on June 22, 2017 before losing a vote of confidence on June 29.^[5] Horgan was then asked to serve as premier by the Lieutenant Governor,^[6] and was sworn in along with his 22-member cabinet on July 18, 2017.^[7]

Party standings

Election and appointments

The members of the legislative assembly were elected in the 41st general election, held on May 9, 2017. The election returned 43 BC Liberals, 41 BC NDP members, and 3 BC Greens. As the leader of the largest party, Christy Clark was offered, by Lieutenant Governor Judith Guichon, the first opportunity to form a government, though the BC Green Party had announced they would support the BC NDP.^[9] Clark accepted and appointed 21 members to her Executive Council^[10] and 13 parliamentary secretaries.^[11] The cabinet was largely the same as the 40th Parliament, but with Sam Sullivan and Linda Reid, as well as newcomers Jordan Sturdy, Ellis Ross, and Jas Johal replacing ministers who had retired or were defeated in the election. This cabinet only served during the Parliament's first session in which it lost a confidence vote and Clark resigned as an MLA, triggering a by-election in the Kelowna West riding.

After the government lost a confidence vote, the Lieutenant Governor refused Premier Clark's request to call an election and offered the second largest party, the BC NDP, the opportunity to form a government. BC NDP leader John Horgan agreed and appointed an Executive Council of 22 members and 6 parliamentary secretaries, including Carole James as deputy premier and Minister of Finance, Adrian Dix as Minister of Health, David Eby as Attorney General, Rob Fleming as Minister of Education, and Michelle Mungall as Minister of Energy, Mines and Petroleum Resources.^[12]

First session

The first session of the 41st Parliament began on June 22, 2017, with the Speech from the Throne delivered by Lieutenant Governor Guichon on behalf of the Premier Clark and the BC Liberal government. Acknowledging the split results of the election, the speech included not only BC Liberal election promises but also some from the opposition parties, such as banning corporate and union political donations, a maximum donation limit for individuals, a referendum on electoral reform, repealing the referendum requirement for new TransLink revenue sources, eliminating tolls on the Port Mann Bridge, and raising the carbon tax to $50 a tonne.^[13] When the throne speech finally came to a vote on June 26, both the NDP and Green parties introduced and voted for a motion of no confidence, defeating the government. In the meantime, the government had attempted to introduce two bills (one that would have reduced the number of MLAs necessary to form an official party within the legislative assembly from 4 to 3, thereby allowing the BC Green Party to gain such status and another addressing corporate and union political donations) but the refused first reading.^[14]

Second session

The second session began on September 8, 2017, and all bills were provided royal assent by November 30. On September 8, BC Liberal Darryl Plecas accepted the position of Speaker of the Legislative Assembly and a speech from the throne was delivered again by Lieutenant Governor Guichon, this time on behalf of Premier Horgan and the BC NDP government with the support of the Green Party. Plecas was expelled from the BC Liberal the following day as a consequence for accepting the Speaker position;^[15] Plecas subsequently sat as an Independent and enforced more civility in the legislative assembly.^[16]

Legislative amendments related to elections and governance, the Constitution Amendment Act, 2017 (Bill 5) reduced the number of MLAs necessary to form an official party within the legislative assembly from 4 to 2 and changed the fixed election date to October.^[17] The Electoral Reform Referendum 2018 Act (Bill 6) requires a referendum respecting a proportional representation voting system be held no later than November 30, 2018. The ban on corporate, union and foreign donations was implemented with the Election Amendment Act, 2017 (Bill 3) and Local Elections Campaign Financing Amendment Act, 2017 (Bill 15) which required all political contributions be made by a resident of British Columbia and sets new maximum donation limits, including limits to third party sponsors, and political spending limits, as well as public subsidies until the year 2022 for the political parties who achieved 5% of the vote in their electoral districts (e.g. the BC NDP, BC Liberal and BC Green parties).^[18] The Lobbyists Registration Amendment Act, 2017 (Bill 8) prohibited specified former public office holders (like former members of cabinet, deputy minister, chief executive officers, etc.) from lobbying activities for two years after leaving those positions.

Other bills that were adopted with support from all parties, included the Tenancy Statutes Amendment Act, 2017 (Bill 16) to limit the use of a vacate clause in fixed-term tenancy agreements, limit rent increases imposed at the renewal of fixed-term tenancy agreements to a specified amount (i.e. 2% plus inflation), and increase enforcement abilities against repeat and serious violators of tenancy laws; the Public Safety Statutes Amendment Act, 2017 (Bill 12) to create a system of e-Tickets for driving offences and e-Certificates of service, and validating the practice of impoundment of vehicles as a result of a roadside alcohol test; the Provincial Court Amendment Act, 2017 (Bill 11) to extend the term of judicial appointments from 10 years to 12; the Sheriff Amendment Act, 2017 (Bill 14) to enable sheriffs to collect personal information to a conduct threat or risk assessment; and the Pooled Registered Pension Plans Amendment Act, 2017 (Bill 13) to delete the requirement of print publication of new multilateral agreements.

Third session

The third session began on February 13, 2018, with a new speech from the throne. Ben Stewart joined the legislative assembly as a result of the February 14 by-election in Kelowna West to replace former-Premier Christy Clark. There were no changes to the Executive Council. The Budget Measures Implementation Act, 2018 amended the property transfer tax to cover bare trusts and exempt bankruptcy transactions while increasing the rate paid on the portion of a real estate transaction that is beyond $3 million; created an additional school tax applicable to residential properties assessed above $3 million; created the means for municipalities to issue 'revitalization school tax exemptions' for newly constructed rental housing; made online accommodation platform subject to the Provincial Sales Tax and the hotel tax; eliminated the education tax credit and expanded the film incentive tax credit include to scriptwriting; exempted marine diesel fuel used in inter-jurisdictional cruise ships from the motor fuel tax; increased the PST rate payable on passenger vehicles priced over $125,000; increased the tax on tobacco, and made requirements for additional information regarding residency to claim homeowner grant and property tax deferrals for the purpose of better enforcement. The budget passed on a vote of 44 in favour, 41 opposed.^[19] In a 43 to 31 vote, the Insurance (Vehicle) Amendment Act, 2018 (Bill 20) was passed to limit ICBC accident benefit coverage for minor injuries and to increase the maximum payable limit for other injuries, including adding new coverage for various health care services. Related to the ICBC reforms, Bill 22 expanded the jurisdiction of the Civil Resolution Tribunal to include certain ICBC claim disputes.^[20]

Legislative amendments related to housing included Bill 12 which addressed "renovictions" by extending the mandatory notice of eviction from 2 to 4 months, legally giving evicted tenants the right of first refusal for renovated unit, increasing compensation a landlord found guilty of a bad-faith eviction must pay from 2 to 12 month's rent, as well as increasing compensation evicted tenants of manufactured home parks receive from 12 months pad rental to a prescribed sum related to the cost of moving the dwelling.^[21] Bill 25 amended the Real Estate Development Marketing Act to address pre-sale condo flipping by requiring developer consent to such activity and making it subject to property transfer tax. Amendments affecting local governments were Bill 18 which requires local governments to collect and report information on housing, such as the available housing stock, and Bill 23 which gives local governments the ability to require, under a zoning regulation, that rental be the only form of occupancy permitted in specified units of multifamily residential developments.^[22]

In preparation of the impending legalization of recreational cannabis by the federal government, the Cannabis Control and Licensing Act, the Cannabis Distribution Act, and the Motor Vehicle Amendment Act, 2018, created a legal framework, including a minimum age of 19 for possession, the province acting as the sole wholesale distributor, sales being accommodated in either public or private retail stores, prohibition of smoking in all the same areas where tobacco smoking is prohibited as well as within vehicles, provisions to deal with drug-affected driving, and the establishment of a new provincial cannabis safety unit.^[23] Other new acts included the Voluntary Blood Donations Act (Bill 29) to prohibit payment for blood donations, subject to certain exemptions; related to the opioid epidemic, the Pill Press and Related Equipment Control Act (Bill 27) to limit who can lawfully own a pill press and similar equipment and to allow for a registry of equipment to be maintained by the government; and the Public Interest Disclosure Act (Bill 28) to protect whistleblowers as recommended in the Ombudsperson's Misfire report concerning the inappropriate employment terminations within the Ministry of Health — Bill 13 was also implemented a recommendation of the same report, in this case to allow for the Merit Commissioner to review the process used in any dismissal within the public service.

Bill 26 amended the Child, Family and Community Service Act to provide indigenous communities with the opportunity for greater involvement in child welfare decisions and to create a right, that must be considered in decision-making, for an indigenous child to learn about the practice of the child's indigenous traditions, customs and language. Bill 34 renamed the Greenhouse Gas Reduction Targets Act to the Climate Change Accountability Act and replaced the 2020 emission reduction target of 33 percent with a 2030 reduction target of 40 percent below 2007 levels.

Other significant legislative amendments, adopted with all party support, included the Employment Standards Amendment Act, 2018, which created a job-protected leave of absence that parents of a child who has gone missing can take (52 weeks unpaid leave) and extended the leave of absence parents of a child who has died can take from 3 days to 104 weeks, as well as amendments in response to expansions of compassionate care, maternity and parental benefits by the federal government. Bill 11 modernized the province's International Commercial Arbitration Act by bringing it in line with guidelines of the UN Commission on International Trade Law and Bill 21 brought the province's legislation concerning opting in or out of class action lawsuits into line with the Uniform Law Conference of Canada's guidelines. Bill 15 allows the Oil and Gas Commission to make regulations requiring restoration of inactive wells before the responsible organization claims bankruptcy and to cancel or suspend permits on the basis of applicant's history of non-compliance with restoration; Bill 16 enabled self-regulatory organizations to enforce their decisions with a court order; Bill 4 expanded the mandate of the BC Innovation Council and re-named the Crown agency to 'Innovate B.C.'.

Officeholders

Members of the 41st Parliament

• The name(s) in bold and italics is the Premier
• The names in bold are current cabinet ministers
• The name(s) in italics is the current leader of the Official Opposition

References