Friday, May 18, 2012

Extinguishment of Basi and Virk's Indemnity, the BBC already covered this back on February 10, 2011


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 May 18, 2012

What you are about to read at the Legislative Library was a Law written by the BC Liberals in October 2009, shortly AFTER they were elected in May of 2009 by promising NOT to bring in the HST.   It seems that some BC Liberals thought they were going to LOSE the election, so they started up their shredders, working over-time...... before the last ballots were being counted, just to ensure that anything related to the BC Rail deal, was gone.

June 30, 2010 precisely, according to the date time stamp on the document called simply "2009 Oct-pdf".  This is a time frame in which the BC Rail Trial was on vacation, and the costs were mounting, substantially for the lawyers involved.   By October of 2010, the deal was done.  The Trial was stopped dead in its tracks and it was this next bit that lays out the procedures that WEREN'T followed that makes you want to ask WHY.

A second and third WHY is .... why is a document date time stamped for June 30, 2010 in a folder for 2009?.... maybe because there were some amendments made to it..... or because that would be too easy......or why isn't the contents of the year just list off the title of the documents within?

Ahhhh, you wouldn't want to go to June of 2010 because there are two items.  The one for June 11 is a has been.......HST, and keep in mind here, we are talking about AMENDMENTS.   Someone seems to believe that the Second Indemnity for the $6 million BC Rail Trial buyout was an amendment to .......

We all would be excused from never finding this document, because its in the Legislative Library, hidden away like this:  http://www.llbc.leg.bc.ca/public/pubdocs/bcserials/368733/amendments/  ..... but at this point you have to ADD "2009" to it, just like down below on the next line, to make your browser look like this:

http://www.llbc.leg.bc.ca/public/pubdocs/bcserials/368733/amendments/2009   or to be more direct


http://www.llbc.leg.bc.ca/public/pubdocs/bcserials/368733/amendments/2009_Oct.pdf

Once you're at the Legislative Library copy of the BC Liberals documents, click on 2009, click on October.

Don't go there quite yet, keep on reading.


Source:

BC Government Publications
Index for:
British Columbia. Office of the Comptroller General
Core Policies and Procedures Manual - Amendments

| 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 |
2012

April

March

January

2011

November

May

March

February 22

January 11

2010

June 22

June 11

2009

October

June

2008

July

April

March

2007

December

November

June

March

February

2006

December

October

June

March

2005

November

October

June

January

2004

November

July

March

2003

November

September




In other words, to implement a second version of the first Indemnity, the first one HAD to be Extinguished.

No matter how much the Attorney General(s) of BC  or the Minister of Finance(s) may protest as to who actually did the deed, to allow the Deputy Ministers to do it on their "own accord", there's this, .... its clear in layperson language that the RESPONSIBLE minister must authorize the submissions for extinguishment.  Proposals must be forwarded (from the Attorney General) to the Minister of Finance through the Financial Management Branch, OCG, prior to submission to Cabinet

We know, or we have been told, that the Deputy Minister of Finance was advised by the Deputy Minister of the Attorney General's Office that it was okay for the two of them to kill the Indemnity and pay out $6 million to the two defendants (Basi and Virk) even though they had signed the First Indemnity that if they (Basi and Virk) were found guilty they would bankroll their own defense costs...... but that didn't happen.

(OCG =  Office of the Comptroller General)


Once you click on this next link you have to type into the FIND button "Extinguishment" and then search for it TWICE that will end up looking exactly like this:
7.3.13 Extinguishments

1. The responsible minister must authorize all submissions for extinguishment. Proposals must be forwarded for review to the Minister of Finance, through the Financial Management Branch, OCG, prior to submission to the Lieutenant Governor in Council.

2. The Minister or the Deputy Minister of Finance, or the Assistant Deputy Minister, Provincial Treasury, pursuant to BC Regulation 269/92, can conclude a settlement agreement or compromise settlement to forgive some or all of a debt or obligation not exceeding $100,000. In addition, the following CLMB officers have authority to conclude a settlement agreement to forgive some or all of a debt or obligation (principal plus interest) to the following limits:
the director – $40,000;
a manager – $20,000;
a collection officer – $10,000.

3. A ministry may accept a compromise settlement of a debt only after approval by Legal Services, Ministry of Attorney General. A portion of the original debt can be extinguished under the terms of an agreement.

4. Annually, ministries must submit statements of debts extinguished during the fiscal year, together with supporting documentation, to Financial Reporting and Advisory Services, OCG, for Public Accounts reporting purposes.

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