Sunday, February 25, 2018

While Christy Clark frittered about the April 11th election Writ, Rich Colemen signs contract April 6th 2017 with Albertan company Kinder Morgan without a 'fetter' in the world

fetter defined:
 a chain or manacle used to restrain a prisoner, typically placed around the ankles. "he lay bound with fetters of iron" synonyms: shackles, manacles, handcuffs, irons, leg irons, chains, restraints;

Was the five point conditions between the former BC Government (BC Liberal Party) and Kinder Morgan signed in good faith on April 6th with Executive Council & Deputy Minister insider information that the election Writ was to be dropped by the Premier five days later?

Agreement BC Trans Mountain April 6, 2017

Last line above in the Agreement:

Dated for reference as of April 6,2017
Dated for reference defined:  Using dated for reference is one of a number of ways that drafters signal to the reader that the contract is being given a date that is other than the date it was signed. (To the same end, a drafter might use an as of date or state in the introductory clause that the contract is effective on a date that happens to be a date other than the date the contract was signed.) - Adams Drafting
Effective Date
It’s commonplace to refer in a contract to effectiveness of something or other—a merger, perhaps, or a registration statement. That’s unobjectionable.
But I’m dubious about using the defined term Effective Date in a contract to refer to effectiveness of that contract. - Adams Drafting

The Agreement  Page 3 of 33

 THIS AGREEMENT is entered into as of April 6, 2017 (the "Effective Date"), between Trans Mountain Pipeline ULC, as General Partner of Trans Mountain Pipeline L.P. ("Trans Mountain"), a company incorporated under the laws of Alberta and Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Natural Gas Development and Minister Responsible for Housing ("the Province").

1.5   Acting Reasonably.

With respect to Trans Mountain, any requirement set forth in this Agreement for Trans Mountain to act reasonably, use reasonable efforts, or any variations thereof, will mean the use of all reasonable commercial efforts having regard to the surrounding circumstance, unless specifically provided otherwise. With respect to the Province, any requirement set forth in this Agreement for the Province to act reasonably, use reasonable efforts, or any variations thereof (including any requirement for Approvals by the Province not to be unreasonably withheld), will not require the Province to act in a manner that is contrary to, or is inconsistent with, any other policies, directives, executive directions, Treasury Board decisions, guidelines, rules, regulations, legislation or other determinations of the Province. In addition, Trans Mountain expressly acknowledges and confirms that nothing contained in this Agreement will be construed or otherwise interpreted in any manner that would or could cause the Province to fetter its discretion.

British Columbia's premier visited the province's lieutenant-governor on Tuesday to officially launch the campaign for the May 9 vote, setting off a four-week fight in which messages about affordability and the economy will compete with what are expected to be nasty attacks between party leaders.

....  Pipelines
The federal government approved the Trans Mountain pipeline project, which would expand Kinder Morgan's existing line between Alberta's oil sands and the Vancouver region, last year and the B.C. government gave its own approval in January.

Ms. Clark will argue that her government successfully fought for better oil spill protection and economic benefits for the province, while the New Democrats, who have pledged to kill the project, say risks are too great.    Snip.
Christy Clark's protection of British Columbia coastline is a Five Point Plan without any substance other than words of promise:
  Trust Me.


Why did Rich Coleman, as the Minister responsible Natural Gas Development, include his other responsibility as the Minister Responsible for Housing?  Are the two ministries not administered independently of one another?


Tomorrow, on 18 July 2017, Lieutenant Governor Guichon will swear in Premier-designate John Horgan as the next Premier of British Columbia, along with the rest of his cabinet.[1] The transition between the outgoing Clark ministry and the incoming Horgan ministry will therefore have taken place from 29 June to 18 July, which falls within the normal duration for transitions between ministries in Canada.

But these weeks have not been uneventful. And since there is only ever one premier and ministry in office at one time, and since the government of the day has a duty to carry out the Queen’s business, outgoing ministries like Clark’s must still handle the day-to-day matters of government during the two- to three-week transition. However, outgoing ministries which have lost the confidence of the elected assembly should also limit themselves to handling only routine and necessary matters as caretakers.

The Caretaker Convention, or Principle of Restraint, exists in the absence of any formalized, legal limitations on the government’s power during the writ, or during a mid-parliamentary, inter-party transition of power. The basic rationale is that when Parliament does not exist (i.e., during the writ) or when the outgoing ministry has already lost the confidence of the elected assembly. the assembly cannot fulfill its core function of holding the government to account for its expenditures, so the government constrains itself by a self-imposed convention. The government limits itself to the routine and the necessary in order to adhere as closely as possible to the precepts of responsible governmentsnip ......

In short, during an election, a government should restrict itself – in matters of policy, expenditure and appointments – to activity that is:

(a) routine, or
(b) non-controversial, or
(c) urgent and in the public interest, or
(d) reversible by a new government without undue cost or disruption, or
(e) agreed to by opposition parties (in those cases where consultation is appropriate).
In determining what activity is necessary for continued good government, the Government must inevitably exercise judgement, weighing the need for action and potential public reaction, given the absence of a confidence chamber and the possibility that a different government could be elected.


Page 4 of 20  -  No date, not even an Effective Date
Page 20 of 20

  Google Search Criteria: a discretion fettered
“A general principle in administrative law is that administrative bodies must not fetter their discretion. In other words, a body entrusted with a discretion must not disable itself from exercising its discretion in individual cases by adopting a fixed rule of policy.

Google Search criteria:  christy clark drops the writ for 2017 british columbia provincial election

Blog Borg Collective:
  April 6, 2017 BC Government signs off on Kinder Morgan's Trans Mountain Pipeline

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