Chapter 16 — Private Bills

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16.1Introduction

All bills considered by the Legislative Assembly are classed in two main categories: public and private.

A public bill relates to a matter of public policy and is usually general in its application and character. Typically, the first object of a public bill is to alter the general law or to enact new proposals of general application. Public bills are initiated by a Minister (government bill) or by a Private Member (Public Bill in the Hands of a Private Member, more commonly known as a Private Member’s bill), further outlined in Chapter 10 (Legislative Process). Once enacted, a public bill has broad application throughout the province.

A private bill confers a benefit to, or relates to a particular interest of, an individual, group or corporate entity, and is initiated by that individual, group or corporate entity. A private bill affects only one or a few persons or a corporate entity, but not the general population as a whole. The provincial Interpretation Act (R.S.B.C. 1996, c. 238, s. 6) states: “A provision in a private Act does not affect the rights of any person, except only as referred to or mentioned in that Act.”

A private bill affects only one or a few persons or a corporate entity, but not the general population as a whole.

An applicant for a private bill may seek a remedy to a matter which is not possible under existing laws, or might wish to obtain an exemption from the general application of public statute that governs the population.

Historically, private bills dealt with matters such as the establishment of railways or theological schools, or the incorporation of private companies and amendments to existing acts of incorporation. Due to changes in the general law and statutory administrative mechanisms, private bills are now relatively rare and account for a very small part of the Legislative Assembly’s business. The most common type of private bill introduced in modern times deals with the incorporation of, amendments to or 368 granting special powers to, religious bodies, faith-based entities, foundations, trusts and charitable organizations.

Individual citizens do not have the right to directly address Parliament as a representative body; however, they possess the ancient right to petition Parliament. The process of petitioning Parliament for a private bill is distinct from the process of presenting a petition on other matters, further outlined in Chapter 15 (Public Petitions). As such, a private bill is founded on a petition presented to the Legislative Assembly, which briefly describes the objective, reasons and background of the private bill. The requirement for a petition is stipulated in Standing Order 97, and Standing Orders 97 to 115 set out the procedures to be followed for the application for, and the consideration of, private bills by the Legislative Assembly.

Private bills follow the same stages of consideration as public bills. Both types of bills proceed through three readings and committee consideration prior to being presented to the Lieutenant Governor for Royal Assent.

A Private Bill Register has been maintained by the Office of the Clerk since 1892, in accordance with Standing Order 115. In the modern day, information on private bills is more readily available in the progress of bills table on the Legislative Assembly’s website.

This chapter deals with the procedural and administrative aspects of the private bill process, including the role of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills, the designated committee in the private bill process, and the role of a Private Member sponsoring the bill. This chapter also contains information catered to the applicant(s) for a private bill.

16.2Origins of Private Bills

In the early history of Parliament at Westminster, individual citizens would petition the House of Commons for special laws that might be in conflict with the general law, which would benefit them as private parties. These petitions sought redress which the “Courts of Common Law had failed to give or had no power to give” (A History of Private Bill Legislation, p. 276).

Parliament had a dual role: the first as a court, arbitrating between the applicants for these special laws and those affected by them, and the second as a representative Legislature, safeguarding the interests of the public.

The applicants for a special law would appear before Parliament as petitioners for a bill; those who disagreed with the bill’s provisions, or were adversely affected by them, 369 could appear as opponents of the bill. Many of the formalities of a court of justice were maintained. Various conditions had to be observed and proven, and if the petitioners did not meet such requirements, the bill would not be permitted to proceed (see Erskine May, 25th ed., §42.1, p. 1092).

This practice still exists in Parliament today. When the ordinary law fails to meet the requirements of a given situation or when equity demands a remedy not otherwise available, the Legislative Assembly, exercising both a judicial and a legislative function, may intervene upon being petitioned to do so, to give relief by passing a private bill (see Erskine May, 12th ed., pp. 607-8).

16.3Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills

The Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills — referred to as “the Committee” throughout this chapter — is the Committee to which private bills are typically referred. The name of the Committee when it was first appointed in 1872 was the Select Standing Committee on Private Bills and Standing Orders. At the time of the last revision to Standing Order 105, the Committee was named the Select Standing Committee on Standing Orders, Private Bills and Members’ Services. In 1992, the Committee received its current name, as provided for in Standing Order 68(1), though a consequential amendment was not made to Standing Order 105.

The Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills is the committee to which private bills are typically referred.

The Committee is one of the oldest continuously provided for in the Legislative Assembly, meeting in the early years after B.C. joined Confederation to deal with private bills relating to the construction of the province’s infrastructure, including the establishment of railways and waterworks, and telephone, gas, lumber, insurance and mining companies. Private bills also dealt with — and still may — the incorporation of municipalities, as was done for New Westminster (1888), Chilliwack (1908), Port Moody and Port Coquitlam (1913) and Port Mann (1921). Between 1951 and 1990, when the Act to Revise and Consolidate the Vancouver Incorporation Act 1921 was replaced with the Vancouver Charter (S.B.C. 1953, c. 55), the Committee dealt with 32 private bills to amend the Vancouver Charter — almost one bill per year.

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Other private bills were introduced to establish professional associations, such as the Institute of Accountants (1905) and the Association of Professional Engineers (1921), and to establish charitable organizations, such as the Young Men’s Christian Association (1893).

When first established, and up to the end of the 1960s, the Committee typically dealt with up to 30 private bills in a Session. Committee activity dropped noticeably in the 1970s, as there were fewer and fewer applications for private bills with the introduction of amendments to legislation, corporate laws and related administrative mechanisms. From 2014 to 2019, the Committee dealt with an average of one private bill per year, usually relating to the establishment of private degree-granting institutions or to the incorporation of religious or charitable organizations. Following adoption of the Societies Act (S.B.C. 2015, c. 18) and the repeal and replacement of the Company Act (R.S.B.C. 1996, c. 62) with the Business Corporations Act (S.B.C. 2002, c. 57), which came into force on March 29, 2004, the number of private bills considered by the Legislative Assembly declined. Prior to the adoption of these changes, the Assembly frequently considered private bills to enact corporate or society restorations. Today, only societies which were dissolved prior to the coming into force of the Societies Act, and were dissolved for more than ten years, are required to petition the Legislative Assembly for a private bill in order to be revived.

16.4Member Sponsoring a Private Bill

The Office of the Clerk works with other Legislative Assembly departments to address procedural, legal and administrative matters related to private bills. The Office assists applicants for private bills, providing guidance on procedural matters and format, and ensuring proper documentation is provided, as required by the Standing Orders. The Office also facilitates the work of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills, and ensures that legal advice is available to the Committee with respect to any provisions in private bills.

The Office of the Clerk is the first point of contact for applicants for private bills. The Office assists applicants for private bills, providing guidance on procedural matters and format, and ensuring proper documentation is provided, as required by the Standing Orders.

The applicant for a private bill must advise the Office of the Clerk of the name of the Member “sponsoring” the bill. The applicant may ask any Private Member — i.e., a Member who is not a Minister — to sponsor such a bill. A Member who has agreed to do so should consult with the Office of the Clerk at each stage of the bill’s progress to ensure that the bill is presented in proper form, and that the necessary procedural and administrative steps have been met and are followed.

Unlike a public bill, which, once introduced, is deemed to be in possession of the Legislative Assembly, a private bill belongs to the applicant, and not to the Member sponsoring the bill, nor to the Assembly. As noted in House of Commons Procedure and Practice: 371 “Should the applicant decide not to proceed any further with the bill, the committee to which the bill was referred after second reading will report to the House accordingly” (3rd ed., p. 1204).

In the Votes and Proceedings, government bills are listed first, and are numbered from 1 to 200; Private Members’ bills are listed under the heading “Members’ Bills,” and are numbered from M 201 to M 400. Private bills are listed under “Private Bills,” and are numbered from Pr 401 onwards, in the order in which they are introduced in the Legislative Assembly.

16.5Application for a Private Bill

Prior to the anticipated start of a new Session, the Clerk of the Legislative Assembly publishes a notice in The British Columbia Gazette and selected newspapers in British Columbia to advise interested organizations, groups and individuals in the province of the opportunity to submit an application for a private bill and the related timelines for the Session in question. The notice is also posted on the Assembly’s website.

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16.5.1Application Deadline

An application for a private bill must be filed with the Office of the Clerk no later than 14 calendar days after the opening of a Session, as per Standing Order 97. In current practice in British Columbia, a new Session of Parliament opens on the second Tuesday in February. However, the Lieutenant Governor, acting on the advice of the Premier, retains the discretion to prorogue, dissolve and summon the Legislative Assembly at any time.

An application for a private bill must be filed with the
Office of the Clerk no later than
14 calendar days after the opening of a Session.

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16.5.2Public Notice Required for a Private Bill

The Standing Orders set out the requirements respecting various types of notices related to the stages of consideration of a private bill.

Standing Order 98(1) requires that the applicant publish a notice clearly stating the “nature and objects” of the proposed bill and the name and address of the applicant. This advertising notice must be published in two issues of The British Columbia Gazette and, once a week for two consecutive weeks, in a newspaper having a general circulation in the area where the applicant lives or in the locality most affected by the bill. At least one of the notices must have been published at the time of filing the application, and the applicant must provide proof of the publication of the notices by filing an affidavit or statutory declaration with the Office of the Clerk prior to the introduction of the bill in the Legislative Assembly.

The purpose of the notice is to ensure that any individual or organization whose interests may be affected by the requested private bill receives adequate notification so that they may express their opposition or support of the bill prior to its final consideration by the Legislative Assembly (see House of Commons Procedure and Practice, 3rd ed., p. 1205).

16.5.3Adequacy of Notice

The adequacy of notice and compliance with the Standing Orders is determined by the Office of the Clerk. If there is not adequate notice or satisfactory compliance with the Standing Orders, the Committee will consider the matter, in accordance with Standing Order 104(2). Nevertheless, the primary test of adequacy of notice remains the same — namely, whether or not any person or corporate entity would, upon reading the notice, be fairly and sufficiently alerted to any provision in the proposed bill that might adversely impose, alter or otherwise affect or infringe upon some actual or perceived right, obligation or liability of such a person or entity.

16.5.4Office of Legislative Counsel to Receive a Copy of a Private Bill

Pursuant to Standing Order 99, the Office of Legislative Counsel within the Government of British Columbia is provided with a copy of the draft private bill submitted by an applicant.

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16.5.5Bills to be Printed by the Queen’s Printer and Cost Paid by Applicant

Standing Order 100 necessitates that private bills be printed by the Queen’s Printer, a service of the Government of British Columbia. In modern practice, 200 copies of the bill are no longer required to be provided at the time of the applicant’s submission to the Office of the Clerk. Printing is arranged for after the bill has been reviewed for drafting accuracy. The bill must be printed prior to its introduction in the Legislative Assembly.

The applicant is responsible for settling the cost of printing and any necessary reprinting of the bill with the Queen’s Printer.

16.5.6Remission of Fees Payable in Respect of a Private Bill Application

Since Standing Order 102 was adopted, changes to the Legislative Assembly’s financial procedures now provide that a fee of $500, payable to the Legislative Assembly of British Columbia, is required at the time of the application for a private bill.

The Committee has the discretion to make a final decision on any question on the remission of fees, but in practice, the Committee informs the Legislative Assembly of any such decision. Over the years, the Committee has altered its views of the circumstances in which fees should be remitted. The majority of instances when remissions have been ordered have involved cases of severe financial hardship, consideration of the charitable nature of the applicant, and cases when an application has failed on some technical or procedural ground, such as prorogation of the Legislative Assembly before the work of the Committee has been completed.

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16.5.7Objection to a Private Bill

Should an individual object to a private bill, or have an interest or property which may be affected by it, that individual may request to appear before the Committee, provided that the applicant and the Committee have received at least three calendar days’ written notice of the nature of any objection prior to the Committee meeting.

16.5.8Progress of a Bill After Certification

When all requirements for an application for a private bill have been met, a certificate confirming the same will be issued, and notice of introduction of the bill is placed on the Orders of the Day (Order Paper).

As previously noted, if all the requirements for the introduction of a private bill have not been met, the application is placed before the Committee. The Committee will then determine if and when and upon what conditions (if any) the notice of introduction of the bill will be placed on the Orders of the Day.

Should the Committee determine that some inadequacy exists in the notice as advertised, the Committee may, under Standing Order 104(2), waive the deficiency and report 376 such to the Legislative Assembly; issue any related order as it may consider appropriate; or simply allow the application to proceed (see Standing Order 104(2)).

At the discretion of the Committee, various grounds may justify a waiver of strict compliance with the usual requirements of notice. As set out in Manual Shewing the Private Bill Practice of the Parliament of Canada (pp. 12-13), these grounds have included the following:

• that the measure is one of great public utility;
• that no existing rights can be affected;
• that the shareholders of the company have consented to the proposed amendments;
• that provision will be made in the bill that no injury to any party shall arise;
• that all persons affected have given their consent;
• that the parties interested in the proposed measure were duly notified;
• that the application is not of a nature to require publication of notice;
• that provision will be made in the bill that no amendments affecting shareholders shall go into operation without their consent being first obtained;
• that the necessity for the application has but recently arisen and no other rights can be affected;
• that no private rights other than those of the petitioners can be affected.

In any event, the Committee must, according to Standing Order 109, report “any
substantial variance” between the bill and the notice relating to it.

16.6Parliamentary Agent to Obtain Certificate

By reason of the quasi-judicial nature of private bill proceedings, most applicants engage the services of a solicitor to act as their parliamentary agent. The parliamentary agent may act as adviser and counsel for the applicant throughout the various stages of consideration of the bill. Some applicants endeavour to act as their own agent, and are permitted to do so. While a Member may sponsor a bill, they may not serve as a parliamentary agent. Any person who has received a certificate from the Clerk of the 377 Legislative Assembly in accordance with Standing Order 112 may act as a parliamentary agent.

Although the Standing Orders no longer address the responsibility and conduct of parliamentary agents, the standards of conduct of proceedings by agents is strictly regulated in accordance with past practice. Both the Speaker and the Legislative Assembly continue to ensure that agents observe “the rules, orders and practices of Parliament” (former Standing Order 120). Any agent who willfully violates the rules and practices, or who willfully misconducts themselves in the conduct of proceedings on a bill, may be barred indefinitely or temporarily from acting as an agent.

16.7Referral of a Bill and Committee Examination

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Pursuant to Standing Order 105, a private bill is automatically referred to the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills (the Committee’s former name is still noted in the Standing Order) after introduction and first reading, and a motion to that effect is unnecessary. In practice, the Member introducing the bill will move a motion to refer the bill to the Committee after first reading.

16.7.1Notice of a Committee Meeting

Pursuant to Standing Order 106, the Clerk of the Legislative Assembly must provide at least five calendar days’ notice of any meeting of the Committee for the consideration of a private bill. Notice of a meeting of the Committee to consider a private bill is also sent to the Member who sponsored the bill, as well as to the applicant; the applicant’s counsel, solicitor or other agent; and any others for or against the bill who have indicated to the Office of the Clerk that they wish to attend the meeting.

16.7.2Role of the Committee

The role of the Committee is to consider the bill and to determine if the preamble to the bill, which is the statement that establishes the context of the bill and explains its object and meaning, has been proven to the Committee’s satisfaction. The Committee must report to the Legislative Assembly whether or not it is satisfied that the statements contained in the bill’s preamble are true. In this respect, the Committee carries out a legislative and quasi-judicial function, hearing all parties concerned and determining whether the applicant’s request should be granted.

16.7.3Committee Proceedings

The Committee meeting typically opens with the applicant or their counsel making a brief presentation to the Committee about the reasons for the private bill, and answering 379 questions from Committee Members. Anyone who wishes personally, or through counsel, to speak for or against the bill, and who has provided three days’ notice required in Standing Order 103, may be invited to address the Committee.

Following the hearing, the Committee will consider the preamble and then review the bill clause by clause. The Committee may also make amendments to the bill. Once its deliberations have concluded, the Committee will present the bill to the Legislative Assembly with a recommendation as to whether or not the bill (as amended, if applicable) should proceed further. If any part of the preamble is not proven to the Committee’s satisfaction, the Committee may report that the preamble was found not proven and recommend that the bill not proceed further. Pursuant to Standing Order 110, the Committee must also state the reasons for arriving at such a decision in its report to the Legislative Assembly (see B.C. Journals, March 21, 1969, pp. 159-60).

As noted in Beauchesne, the Committee does have the power to amend the preamble,

The Committee must report any amendments to the Legislative Assembly, as per Standing Order 111. If a private bill is amended in Committee, the Chair of the Committee signs a printed copy of the private bill, which includes any amendments made by the Committee prior to it being reported back to the Legislative Assembly. Any private bill amended by the Committee must be reprinted before further consideration by the Legislative Assembly, pursuant to Standing Order 108.

Proceedings before the Committee are normally open to other Members who are not appointed to the Committee, as well as to any interested parties and the general public. The Committee has a right to exclude others at any time during its proceedings. It exercises this right by adopting a motion to that effect when the Committee, having heard all submissions, wishes to deliberate upon a decision and draft its report to the Legislative Assembly. Such in camera meetings may be held not to indulge in secrecy but to more readily enable Committee Members to engage in free discussion on a confidential basis.

If the Committee recommends in its report to the Legislative Assembly that the bill proceed to second reading, it will automatically be placed on the Orders of the Day (Order Paper) for second reading. Should the bill be adopted at second reading, committee stage, report stage and third reading and receive Royal Assent, the bill will have completed the required legislative stages and, unless otherwise stated, will come into force on the day the bill is granted Royal Assent.

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16.8Application of the Standing Orders to the Consideration of Private Bills

The Standing Orders relating to public bills are applicable to private bills. Should the private bill rules be silent on a given matter, there are a number of Speakers’ rulings relating to procedure at committee stage consideration. In effect, Standing Orders 61(1) and (2), which provide that the Standing Orders of the Legislative Assembly shall be observed in a Committee of the Whole, so far as applicable, have been extended to parliamentary committees in Standing Order 71(1).

As is the practice with other parliamentary committees, questions of procedure must be determined in the committee itself, without reference to the Legislative Assembly, and there is no right to appeal a ruling of the Chair.

Like all other committees of the Legislative Assembly, the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills has no power to deal with matters outside of its terms of reference. However, in accordance with general practice, the Committee itself interprets its own terms of reference (see Erskine May, 25th ed., §38.11, p. 956). In cases of serious doubt, or when some special need to extend its inquiries exists, the Committee may seek a special instruction from the Legislative Assembly to this effect (see Beauchesne, 5th ed., §756, p. 229; Bourinot, 1st ed., pp. 444-5).

16.8.1Votes of the Committee Chair

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All questions before the Committee are decided by a majority of votes. However, unique to this Committee is that the Chair of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills has a deliberative vote — that is, a right to vote with other Committee Members, pursuant to Standing Order 107. However, the Chair cannot make a second or casting vote when the votes are equal or tied.

The reference in Standing Order 71(1) to Standing Order 107 is an error. Standing Order 107 was amended in 1985 to remove the Chair’s casting vote. A consequential amendment to Standing Order 71(1) was overlooked. The Chair of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills no longer holds a casting vote.

16.9Summary of Practice for Private Bills

The summary of practice for private bills, as outlined in Appendix B of the Standing Orders, is:

After this, the bill proceeds through the remaining stages of consideration in the legislative process, further outlined in Chapter 10 (Legislative Process).