CANADA
THIRD READING: BRITISH COLUMBIA, CANADA
Liquefied Natural Gas Project Agreements Act The Liquefied Natural Gas Project Agreements Act sets out a framework for agreements entered into by government with industry for the development of liquefied natural gas (LNG) resources in the province. It provides authority for the Minister of Finance, with the approval of the Lieutenant Governor in Council, to enter into an LNG project agreement under which government provides an indemnity to a project proponent for any additional costs (above a certain threshold) that result from a tax law change or a greenhouse gas regulatory change. Premier Christy Clark moved second reading of the Bill and spoke to three principles on which the project agreements are founded – ensuring British Columbians get a fair share of the benefits from resource development, environmental protection and fairness for investors and the business community. During the debate, John Horgan, Leader of the Opposition stated that he did not support the bill due to the maximum length of the term of the agreement (25 years), insufficient guarantees around providing jobs for British Columbians (including concern over potential use of temporary foreign workers) and concerns as to whether First Nations had been adequately consulted and accommodated. The Liquefied Natural Gas Project Agreements Act received Third Reading on 21 July 2015 and came into force on Royal Assent.
Ombudsperson Amendment Act, 2015 The Ombudsperson Amendment Act, 2015 gives authority to the Ombudsperson to collect confidential information for the purposes of an investigation that has been referred to the Ombudsperson by the Legislative Assembly or a parliamentary committee. The need for this amendment arose during consideration by the Select Standing Committee of Finance and Government Services of a request from the Minister of Health for referral of a matter to the Ombudsperson pursuant to section 10(3) of the Ombudsperson Act.
The Minister’s request, conveyed by letter to the Committee, proposed that the Ombudsperson should investigate the circumstances surrounding the termination of eight researchers within the Ministry of Health in 2012. A referral under section 10(3) of the Ombudsperson Act would be the first such referral to the Ombudsperson under that section of the Act from either the Legislative Assembly or a Committee.
The Parliamentarian | 2015: Issue Three | 219
The Ombudsperson wrote to the Committee expressing a number of concerns with respect to the referral, including his authority to collect the information necessary to conduct a thorough public inquiry. To address this particular concern, the Committee wrote to the Minister of Justice and Attorney General requesting that government introduce legislation that would amend, on an urgent basis, section 19(2) of the Ombudsperson Act that provides that persons bound by obligations of confidentiality or nondisclosure under an enactment must not be required to supply any information to or answer any question put by the Ombudsperson in relation to that matter.
The Minister of Justice and Attorney General subsequently introduced amendments that provide that section 19(2) does not apply to an Ombudsperson investigation formally referred under section 10(3) and that the Ombudsperson can require persons to furnish information despite any other enactment in order to investigate and report on a referred matter.
The Minister of Justice and Attorney General characterized the amendments as being designed to support a unanimous referral by the Committee to the Ombudsperson and provide certainty that the Ombudsperson has the necessary powers to access information necessary to conduct a full investigation. The Opposition stated that it felt that the amendments would remove a significant obstacle to the Committee’s decision-making process on whether to make the referral, and as such supported the Bill. The Ombudsperson Amendment Act 2015 received Third Reading on 21 July 2015.
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