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Old Posted Jul 2, 2017, 10:02 PM
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Stingray2004 Stingray2004 is offline
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Join Date: Jan 2004
Location: White Rock, BC (Metro Vancouver)
Posts: 3,145
Apparent that you do not understand how to read statute law.

Firstly, does not matter where a provision is situated in statute. Where 2 provisions appear to conflict both provisions must be "read together" for meaning and effect.

Secondly, the BC Constitution Act enshrined Speaker convention - that is Speaker has a casting vote in 1st and 2nd reading... but not 3rd and final reading of a bill prior to royal assent, a Throne Speach, a Budget, etc. Those are "Decisions of the House" made by members only - Speaker does not have casting vote under those circumstances as S. 43 clearly implies.

Finally, the Clerk of The BC Legislature, on the first day of the current Parliament essentially told the House the same thing:

Quote:
Clerk of the House: Good morning, Members.

Much has been said about the speakership in the Legislative Assembly of British Columbia since May 9. A lot of what is being talked about is wrong. A lot of what has been examined by way of confidence motions, casting vote and the way this place functions is and has been wrong.
...
Section 43 of the act states that “all questions must be determined by a majority of votes of the members present other than the Speaker,” which further separates the speakership from the general membership of the House.
Everything is crystal clear.
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