Politics

Vander Zalm's fight to kill the HST in B.C. involves legal technicalities

by Charlie Smith on April 3rd, 2010 at 9:46 PM

Beginning on Tuesday (April 6), people across the province are going to be asked to sign petitions  opposing the harmonized sales tax.

The HST combines the five percent federal GST with the seven percent  provincial sales tax. The  12 percent combined tax will be extended over many areas not currently covered by the provincial sales tax.

This includes restaurant meals,  the cost of new homes over $525,000, home renovations, club memberships, tickets, and professional services.

Former premier Bill Vander Zalm is leading this citizens' initiative to stop the HST.

Here's  what's required  under the Recall and Initiative Act, which Vander Zalm's Socred government introduced:

*    Vander Zalm had to present a copy of a draft bill to the chief electoral officer , which could be introduced into the legislature eliminating the HST,

* Vander Zalm was required to pay a $50  processing fee.

*  The initiative petition must must have separate signature sheets for each constituency in the province.

* All the signatures must be collected within 90 days of the start of the campaign.

* People who sign the petition must have been registered voters on April 6 or  on the date they sign  for the electoral district for which the signature sheet was issued.

* People can only sign a petition once, and they must put their residential address on the document.  

* Only registered voters may canvass for signatures, and they must have lived in B.C. for at least six months. They must also register their name and address with Elections B.C.

* Nobody can accept an inducement for signing a petition or for canvassing for signatures.

* For the petition to succeed, at least 10 percent of registered voters in each constituency must sign the signature sheets.

*  Within 42 days after the petition is submitted to the chief electoral officer, he must determine whether the petition has met the legal requirements for achieving 10 percent of the registered voters in each constituency.

* The  draft bill  would  be turned over to the legislatures standing committee on intiatives.   It must meet within 30 days to consider the initiative and the  draft bill.

* Within 90 days, the committee must table a report recommending that the  draft bill be introduced into the legislature at the  "earliest practicable opportunity" or refer it back to the chief electoral officer.

* If it's referred back to the chief electoral officer, he must hold an initiative vote.

* Initiative voting day is on the last  Saturday of September every third year after September 28, 1996. There has never been an initiative vote in B.C. If Vander Zalm succeeds and the  B.C. Liberal government refuses to kill the HST,  the vote would be held near the end of September 2011.  

* The initiative vote succeeds if more than 50 percent of registered voters and more than 50 percent in at least two-thirds of the 85 constituencies vote in favour of killing the HST.

* If the initiative vote succeeds, the government must introduce the bill at the "earliest practicable opportunity".

Comments

12 Comments

Harry

Apr 4, 2010 at 12:01am

It seems to be a huge task, but judging by a recent trip to the Okanagan and Kootenays, there should be no problem in finding the 10% of required voters in all areas of the province. I find well over 70% of the people I spoke to want this HST killed, so if the organization is well put together on gathering signatures, it should easily get to the next step of a province wide vote. My concern is - at that point - will Campbell spend millions of taxpayer dollars on promoting the hated HST? I think if so, he should spend BC Liberal money only if he thinks it is a good idea for the province and not use taxpayer dollars to support such a ridiculous tax...

Tim

Apr 4, 2010 at 2:08am

I find the initiative voting day regulation a bit ridiculous. The timeline needs to be shorter. I don't see why we can't vote on the issue, if it does go to a referendum, in September 2010.

glen p robbins

Apr 4, 2010 at 1:24pm

The 'politics' of connecting the signatures with the legal process relating to this about to begin will shine more brightly with the public than legal technicalities. These days once you need to go to the courts--the public often says ah to hell with you--because they have no 'control' over the court procedures, are sick of BC Liberals saying "it's before the courts" etc. The Initiative will either be 'successful' or 'not successful' in terms of meeting the statutory requirements -- the politics of the actual outcomes in each riding -- in each region and throughout the province will drive the politics that follow.

Politically there is no way out of this for Campbell -- he cannot win or go on (at least not in real politics).

(Do I smell a Wonkaneze)?

ds

Apr 4, 2010 at 4:16pm

While they're collecting signatures to fight the HST in Point Grey they should collect signatures for a recall of Gordon Campbell and get rid of two bad apples at the same time.

Charlie Smith

Apr 4, 2010 at 8:08pm

Under the Recall and Initiative Act, recall campaigns cannot begin until 18 months after a provincial election. This means that the earliest this can begin would be in December 2010.

The exemption on new housing was originally set at $400,000. After an uproar from home builders, the government increased the threshold to $525,000.

Brian Leslie Engler

Apr 5, 2010 at 12:18am

Hello all;

The NDP is conducting a contest: I am not an NDP member, but obviously I am on their mailing list:

Dear Brian
We're now into second reading of the HST legislation in Victoria. New Democrat MLAs are using every trick in the legislative book to stall, undermine, and undercut the HST legislation, and there's one particular tactic I need your help with.
As I was preparing my response to the so-called "Consumption Tax Rebate and Transition Act", it occurred to me that the legislation needs a more fitting name.
You can read more about this in the Vancouver Sun.

I had a few new name ideas, like the:

"Holding up B.C.'s end of the deal with the federal government to get $1.6 billion in swag and implement the HST" Act;

The "It wasn't on our radar before the election and we're not going to explain what that means" Act; or maybe the

"This tax is going to fund health care but we didn't think of that explanation for eight months" Act.

I'm ready to amend the name of the act as part of our tactics to stall it, I need some help coming up with a name.

Using this form: send me your idea for a new name for the HST act, and I'll use the best one to try and rename the legislation.

While you've got your thinking cap on, share your new name idea on Twitter.
This campaign is far from over. Twitter actions over the last few days have the BC Liberals running scared. We need to keep up the effort over the coming weeks to defeat the HST.
We're counting on you.
~Bruce
BRUCE RALSTON
NDP FINANCE CRITIC
MLA, SURREY-WHALLEY

I don't know if anyone wants in on the contest; IF YOU DO: contact stopthehst@bcndp.org

Personally my suggestion was how about the "Suck and Blow Act" being the short form of "The Suck up by Campbell and Blow Hard by the Liberals Act" but that is probably not going to fly and a lot of you must have better ideas. Let's blow this thing out of the water.

Arline

Apr 6, 2010 at 10:54am

I live in a condominium with 128 units. Because we do not allow anyone to enter our two building, where can we go to sign the petition to defeat this money grabbing tax?

Gordon Campbell

Apr 12, 2010 at 3:53pm

I say we just double it and give them 24%. Gordo knows best. Who are we to question the Liberals. Afterall, we are public servants serving them...wait a minute...you know what I mean. Let's destroy BC!!!