Friday, June 19, 2015

BC Liberals payments TBD 1/15 stiff the taxpayer without accountability in Court Cases



Finance Minister de Jong Treasury Chair authorized an amount OVER $500,000 to the Attorney General / Justice Minister on October 2, 2014.   Was it for payment to the Government Lawyers or a settlement OUT of court on August 25, 2012?

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The battle cry of the BC Liberals for the past 15 years:

                                Remember the NDP Carrier Lumber Court Case....payments

Well it looks like the tables have been turned on the BC Liberal Government, even before the Health Researchers were Fired.  And Taxpayers are that much poorer for a New Era of an Open Government.


Settled IN Court

28 pages
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46 pages
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42 pages
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  No mention of Basi / Virk $6 Million Payments in exchange for Guilty Plea

 
42 pages

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58 pages
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58 pages
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Guy in Victoria
et al

Certificate of judgment

13  (1) Subject to this Act, if in proceedings against the government and proceedings in which the government is a party, an order for costs or other order is made by a court against the government, the proper officer of the court must, on application, issue a certificate.

(2) If the court directs, a separate certificate must be issued for the costs, if any, ordered to be paid to the applicant.

(3) A certificate issued under this section may be served on the person named in the record as the solicitor, or as the person acting as solicitor, for the government.

(4) If the order provides for the payment of money by way of damages or otherwise, or of costs, the certificate must state the amount payable, and the Minister of Finance must, subject to this Act, pay out of the consolidated revenue fund to the person entitled, or to the person's order, the amount appearing by the certificate to be due, together with the interest, if any, lawfully due.

(5) The court which makes an order or a court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of the amount payable, or any part is suspended and, if the certificate has not been issued, may order the direction to be inserted in it.

(6) An execution or attachment or process of that nature must not be issued out of a court for enforcing payment by the government of money or costs.

Settlement

14  (1) If a claim is made against the government and the Attorney General certifies, either before or after proceedings authorized by this Act have been commenced, that:
(a) the Attorney General considers that the claim, if pursued, could result in an order referred to in section 13 (4) for the payment of money by the government, and
(b) it is in the public interest to settle the claim in an amount set out in the certificate, the Minister of Finance must pay that amount to the person making the claim.

(2) If a proceeding authorized by this Act has been commenced and the Attorney General certifies that it is in the public interest to make payment into court, the Minister of Finance must pay into court the amount set out in the certificate.

(3) [Repealed 1998-42-4.]

(4) Money paid by the Minister of Finance under this section must be paid out of the consolidated revenue fund.
In the beginning: Treasury Board Directives:

1/78

Basi / Virk:
2/00  The purpose of this directive is to reinforce government's authority to use set-off in the case of current and former employees who owe money to the government.
Signed LNG Contracts conditional on the implementation of  TBD-2/15

Directive Number
Subject
2/15 Authority to dispose of Atmospheric Benefit Rights and enter into Agreements respecting sharing of Atmospheric Benefits Rights
EFFECTIVE DATE: 17 December 2014
Treasury Board approval limits for claims settled under the Crown Proceeding Act (replaces TBD 1/99a)
Residential Accommodation Policy (replaces TBD 3/96)
Vendor Reference Check Review Policy
EFFECTIVE DATE: 09 March 2011. Contact: David Pilling 250 387-8189
Remuneration Guidelines for Appointees to Crown Agency Boards (replaces TBD 2/10)
EFFECTIVE DATE: 16 December 2010. Contact: Pratibha Bhatnagar 250 356-0156
Remuneration Guidelines for Appointees to Administrative Tribunals (replaces TBD 1/10)
EFFECTIVE DATE: 16 December 2010.Contact: Pratibha Bhatnagar 250 356-0156
Implementation of accounting standards by government organizations. EFFECTIVE DATE: 3 August 2010
Authorization of expenditures for the Judiciary
Approvals required by Treasury Board administrative policies
Delegation of authorities for specified financial and general management approval levels to Executive Financial Officers, Senior Financial Officers, Directors and Expense Authorities
Capital Asset Management Framework
Authority of the Comptroller General to Retain Money by Way of Setoff
Delegation of Deputy Ministers' Authorities for Specified Financial and General Management Approval Levels to Executive Financial Officers and Senior Financial Officer (amended by 4/04). Appendix 1
Telecommunication Services
Use of Set-offs to Collect Overdue Accounts Owed to the Government by Current or Former Government Employees
Electronic Data Channels – Use of BC OnLine
BC OnLine Information Service – Fees Retained
BC OnLine Information Service – Disposition
Authorization to enter into an agreement with TD Securities and the Trust providing financing for sale and leaseback of Light Vehicle Fleet
Authorization to enter into a fleet management services agreement with PHH
Authorization of lease back from PHH of Light Vehicle Fleet and replacement vehicles, pursuant to terms of an operating lease
Authorization for sale of the Light Vehicle Fleet
New Program Proposals
Continuous Service Contracts
Most Economical Airfare (amended by TBD 1/01 and TB Submission October 10, 2001, amended by 4/04)
Air Travel Policy
Communication Expenditures and Approval
Service Contracts (amended by TBDs 2/84, 4/88, 4/96, 1/02)
Submissions to Treasury Board
Contracts and Commitments
Treasury Board Directives


Google Search Criteria: Treasury Board Directive, 1/15, British Columbia

2 comments:

Anonymous said...

I'm a bit confused on this article. Are these payment totalling some 35 million for court cases the Liberal government lost ?
Also I noticed money was taken from the HST account. Was that part of the money the Feds originally gave BC to introduce HST ?
And finally are you suggesting that one of the individuals in the Health Ministry firings received over $500 thousand in settlement (which is fine with me) ?
I appreciate your articles & just need a little clarification on this one.

Guy in Victoria

North Van's Grumps said...

Guy in Victoria

There doesn't seem to be any consistency in how the information is presented. Sporadic in an age of databases. 2008/2009 and 2010/2011 are the only two years that show totals whereas the other years are mute. 58 pages, etc. The typical reason given for the payments:

1. That the claim herein, if pursued, could result in an Order referred to in Section 13 of the Crown Proceeding Act;. R.5.B.C. 1996, c.89 for payment of money by the Crown;
2. That it is in the public interest to settle the claim inclusive of interest, taxable costs and disbursements for the total amount of $ 648,302.71
snip

The payment was for a motor vehicle accident which occurred on the Abbotsford Mission Bridge on March 26, 2005, where there have obviously has had terrible consequences for three individuals, but has there been any public accountability that the BC Government has taken corrective measures to correct the situation so that it doesn't happen again? Using Supreme Court of British Columbia Registry No. M054626/7 - nil

HST????

Finance Minister de Jong's TBD-15 authorization uses the number of being "over $500,000" without clarifying whether the number is restricted to a maximum of say $6,000,000 for each incident.