British Columbia Hansard — Thursday, March 7, 2019, a.m., Issue 217 (41st Parliament, 4th Session)
20190307am-House-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, March 7, 2019
Morning Sitting
Issue No. 217
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Introduction and First Reading of Bills
Bill M206 — Residential Tenancy Amendment Act, 2019
A. Weaver
Bill 15 — Agricultural Land Commission Amendment Act, 2019
Hon. L. Popham
Statements (Standing Order 25B)
International Women’s Day and women’s empowerment
J. Isaacs
Farmworker safety and memorial
R. Chouhan
Cowboy Heritage Week
D. Barnett
International Women’s Day and gender equality
M. Dean
Women in leadership
S. Furstenau
Journée de la francophonie
N. Simons
Oral Questions
Surrey school district portable use
S. Cadieux
Hon. R. Fleming
M. Hunt
Child and youth poverty and access to menstrual products
A. Weaver
Hon. S. Simpson
Hon. R. Fleming
Potential school closings in Vancouver
M. Lee
Hon. R. Fleming
Hospital discharge practices in Fraser Health Authority
J. Martin
Hon. A. Dix
Funding for enforcement of animal breeder regulations
J. Thornthwaite
Hon. L. Popham
Forest industry tenures and licences
D. Barnett
Hon. D. Donaldson
Tabling Documents
Office of the Ombudsperson, special report, Committed to Change: Protecting
the Rights of Involuntary Patients Under the Mental Health
Act , March 2019
Reports from Committees
Legislative Assembly Management Committee, third report,
March 6, 2019
Hon. M. Farnworth
Motions Without Notice
Appointment of special investigator into misconduct allegations concerning Clerk and Sergeant-at-Arms
Hon. M. Farnworth
Orders of the Day
Committee of the Whole House
Bill 12 — Supply Act (No. 1), 2019
Hon. C. James
T. Redies
Report and Third Reading of Bills
Bill 12 — Supply Act (No. 1), 2019
Committee of the Whole House
Bill 2 — Protection of Public Participation Act (continued)
Hon. D. Eby
M. Lee
Report and Third Reading of Bills
Bill 2 — Protection of Public Participation Act
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Children and Family Development (continued)
L. Throness
Hon. K. Chen
THURSDAY, MARCH 7, 2019
The House met at 10:06 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Mr. Speaker: Minister of Health.
Hon. A. Dix: Thank you very much, hon. Speaker, or I should say, M. le Président.
Aujourd’hui nous célébrons la Journée de la francophonie. B.C. Francophonie
Day, we’re celebrating today. We have important guests in the gallery:
Marie-Nicole Dubois, the vice-president of la Fédération des francophones de
la Colombie-Britannique; Maurice Guibord, president of the Société
historique francophone de la Colombie-Britannique; and Suzanne Jacob,
president of the Société de développement économique de la
Colombie-Britannique. They’ll be joining us today in celebrating B.C.
Francophonie Day.
Our theme today is “Honouring B.C. francophone history.” It will
happen today at noon in the Hall of Honour. Of course, everybody is
welcome.
J’invite tous et toutes les députés à se joindre à moi pour souhaiter
la bienvenue à tout le monde qui participe à ces événements
aujourd’hui.
[I invite all the members to join me in welcoming everyone who is
participating in these events today.]
[French text and translation provided by Hon. A.
Dix.]
Hon. K. Chen: I’m so honoured to have the opportunity to introduce two very special
guests who are in the gallery here today: Anne and Phillip Bailey, who are
from the constituency of Burnaby-Lougheed. They’re in town for the B.C.
Building Trades conference, because Phillip is a lifetime honorary member of
the Building Trades.
This morning I had the great opportunity to show them around the
Legislature. They were sharing stories of how they worked hard for the 1972
Dave Barrett campaign. Anne later on became the CA for Rosemary Brown, and
she was also a Burnaby school trustee for two terms.
I’m so honoured to have them here, and I really want to thank them for
always sharing the stories and their wisdom with me. I would like to ask all
the members in this House to make them feel really welcome.
[10:10 a.m.]
Mr. Speaker: Kelowna–Lake Country.
N. Letnick: Merci, M. le Président. Je veux aussi dire que c’est la Journée de la
francophonie, donner mes félicitations au ministre de la santé pour son
partie de cette journée ici avec nous. Vous êtes très bienvenus, et j’ai
hâte que tout le monde ici, tous les députés, vous souhaite la bienvenu à
midi. Merci beaucoup.
[Thank you, hon. Speaker. I would also like to say that today is
Francophonie Day, congratulate the Minister of Health on his French and also
thank all the people who have come to take
part in this day with us. You are
very welcome, and I look forward to everyone here, all the members,
welcoming you at noon. Thank you very much.]
Will everybody please help them feel very welcome.
[French text and translation provided by N.
Letnick.]
R. Chouhan: We have four staff from the Legislative Library with us today in the
gallery: Megan Laflin, Katey Stickle, Alieda Blandford and Wiebke Imsel.
These and all of the staff are always so keen to help us. I want to say
thank you for the wonderful support that they have provided to all members.
Please join me to give them a warm welcome.
J. Thornthwaite: I have some very special guests today. I’ve got quite a few grade 9
students from Argyle Secondary, which is in my riding in North Vancouver. I
would wish that the House would welcome the students and their teachers when
they arrive.
Introduction and
First Reading of Bills
BILL M206 — RESIDENTIAL TENANCY
AMENDMENT ACT, 2019
A. Weaver presented a bill intituled Residential Tenancy Amendment
Act, 2019.
A. Weaver: I move a bill intituled Residential Tenancy Amendment Act, 2019,
of which notice has been given in my name on the order paper, be now
read a first time.
This bill amends the Residential Tenancy Act to provide tenants
with the ability to end their fixed-term lease if staying in their
rental unit is a threat to their safety or security. It broadens the
somewhat constraining family violence provisions introduced by the B.C.
Liberal government in 2015 and gives, for example, a tenant exposed to
sexualized violence by a roommate or a neighbour the right to break
their lease so they can move to a safer home.
A new term “occupant violence” is defined in the bill and makes it
explicit that the regulations listing which professionals and
practitioners are authorized to provide a confirmation statement about
family violence have the same powers in cases involving occupant
violence.
The written third-party verification can be provided by police,
listed medical practitioners, counsellors, First Nations support
workers, victim support workers, among others. Having regulations that
extend verification powers beyond law enforcement is vital, as not all
survivors will be able or willing to involve the police.
In cases of domestic violence, risk of injury or death can
actually increase if a violent partner learns their spouse has contacted
police or is planning on leaving. Having a range of professionals able
to vouch for victims will allow them to choose the safest option for
their situations.
The previous B.C. Liberal government did a superb job with the
development of these regulations. “Sexual abuse” is explicitly listed
under occupant violence. “Sexual abuse” is used rather than “sexual
assault” or “violence” because it aligns with and is already defined in
existing laws, such as the Adult Guardianship Act and because it is a
broader term that includes sexual assault and sexualized
violence.
By using the word “including” before the list of crimes covered by
occupant violence, the law is kept inclusive of a range of situations
that could fit the broader intent, rather than explicitly specifying
which situations would be covered.
No one should be forced to live in close proximity to their
perpetrator. This bill supports survivors.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
A. Weaver: I move that the bill be placed on the orders of the day for second
reading at the next sitting of the House after today.
Bill M206, Residential Tenancy Amendment Act, 2019, introduced, read
a first time and ordered to be placed on orders of the day for second
reading at the next sitting of the House after today.
BILL 15 — AGRICULTURAL LAND
COMMISSION AMENDMENT ACT,
Hon. L. Popham presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Agricultural Land Commission Amendment
Act, 2019.
Hon. L. Popham: I move that the bill be introduced and read for a first time
now.
I’m pleased to introduce Bill 15, the Agricultural Land Commission
Amendment Act, 2019. Bill 15 will strengthen the governance and
independence of the Agricultural Land Commission. This bill is the
second part of a two-phase legislative initiative to revitalize the
agricultural land reserve and the Agricultural Land Commission, one of
my mandate letter commitments.
This second suite of amendments we’ll introduce now focuses on the
Agricultural Land Commission. This bill will strengthen the independence
of the commission and improves the governance structure, enabling it to
better advance its important mandate to preserve farmland and encourage
farming and ranching in the agricultural land reserve.
[10:15 a.m.]
The amendments in this bill will do this through five key changes.
The first is to strengthen the independence of the commission by
replacing the current ALC governance model of an executive committee and
six regional panels with one commission, maintaining regional
representation by requiring membership from all six administrative
regions.
The second change will provide the chair of the commission with
more flexibility to organize its members into a decision-making panel on
applications by topic, technical expertise or administrative
region.
Thirdly, this bill creates new decision-making criteria that
prioritizes the protection and enhancement of the size, integrity and
continuity of the land base when the commission is considering
exercising any power or performing a duty under the Agricultural Land
Commission Act.
Fourthly, we’re adding more compliance and enforcement capacity
and tools, including a new offence for landowners who do not produce
records when the Agricultural Land Commission orders.
Finally, the new bill will require that exclusion applications be
submitted to the commission only by local governments, First Nations
governments or the province to encourage these types of applications to
be done as part of a thoughtful land use planning process in order to
further limit speculation on farmland and to protect the ALR.
Together these five changes will strengthen the governance
and independence of the Agricultural Land Commission.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
Hon. L. Popham: I move that the bill be placed on the orders of the day for second
reading at the next sitting of the House after today.
Bill 15, Agricultural Land Commission Amendment Act, 2019,
introduced, read a first time and ordered to be placed on orders of the day
for second reading at the next sitting of the House after today.
Statements
(Standing Order 25B)
INTERNATIONAL WOMEN’S DAY
AND WOMEN’S
EMPOWERMENT
J. Isaacs: March 8 is International Women’s Day, and the theme for this
year’s campaign, “Balance for better,” is one that certainly resonates
with me.
As an entrepreneur, politician, wife and mother, I am constantly
looking for the balance between these roles, and I know I’m not the only
woman who is challenged with navigating multiple roles, wearing many
different hats and attempting to find a healthy balance. It’s a
challenge to thrive professionally and personally, especially when faced
with daily trials and unexpected events that can sometimes make us feel
like the deck might be stacked against us.
That’s why this year’s theme of “Balance for better” is so
important. Women around the globe are making great strides to take their
rightful place in society. While there is still work to do, women are
empowering themselves to be the best that they can be, striving for that
balance that betters their lives.
I’m proud to recognize the achievements from the women who came
before us and their tireless campaign for equality — equal opportunity
for women, equal pay, equal representation and gender equality. British
Columbia was the fourth Canadian province to extend voting rights to
women, and in January 1918, Mary Ellen Smith became the first British
Columbian woman elected to the Legislative Assembly.
Today 34 of the 87 seats are occupied by women. These women are
great role models for young women who may one day want to enter public
office, and they have been an instrumental
part in making the
Legislature more inclusive.
Great progress has been made here in British Columbia, but it
takes genuine collaboration between men and women for true balance to be
achieved. I know my colleagues and the MLAs from both sides of the House
look forward to finding more ways to create balance here in the
Legislature and in everyday life.
FARMWORKER SAFETY AND MEMORIAL
R. Chouhan: Twelve years ago on March 7, three women farmworkers were killed
in a preventable accident on Highway 1 near Chilliwack.
Sarabjit Sidhu, Sukhwinder Punia and Amarjit Bal, along with 14
other farmworkers, were driven to work in an over-packed van. This van
had no proper seats, no seatbelts, and the tires were completely bald.
The driver didn’t even have the proper driver’s licence. Following this
terrible accident, the coroner’s inquest made 20 recommendations to
improve transportation of farmworkers. Unfortunately, some of those key
recommendations were ignored by the authorities.
[10:20 a.m.]
The victims’ families, the B.C. Federation of Labour, the
Progressive Intercultural Society and many other individuals raised
funds to create the Golden Tree Monument in the memory of the three
farmworkers. This beautiful 24-foot-high golden tree is installed at the
Abbotsford Public Library. Last Saturday over 100 people held the annual
candlelight vigil at this monument to remember these women and to raise
awareness about workplace safety on our farms. While we remember these
farmworkers, we hope all 20 recommendations are implemented to avoid any
more catastrophic accidents in the future.
Next time you are in Abbotsford, please visit this memorial to pay
your respects to these farmworkers and remember how hard these workers
work to put food on our tables.
COWBOY HERITAGE WEEK
D. Barnett: Cowboys and ranchers have a storied and significant history in
this province. I am honoured to rise in this House today to formally
acknowledge their legacy of hard work and the important contributions
they continue to make every day.
March 8 to 15 is B.C. Cowboy Heritage Week. This week marks an
opportunity to promote the preservation of cowboy heritage in B.C. and
recognize how cowboys and ranchers have adapted in the face of changing
economic times.
The B.C. Cowboy Heritage Society was established in 1996. This
non-profit society works tirelessly to provide young people in this
province with scholarships and to plan events that celebrate what it
means to be a cowboy in B.C.
On February 13, the 100 Mile House Cowboy Concert was
held.
From March 14 to 17, Kamloops will be hosting its 23rd annual
cowboy festival. The event is the biggest of its kind in Canada and one
of the best in North America. Festival-goers enjoy live entertainment
from musicians, poets, art, food and an incredible tradeshow, including
exhibitors such as Cariboo Saddlery and the B.C. Rodeo
Association.
The Kamloops Cowboy Festival will also feature three inductions to
the B.C. Cowboy Hall of Fame, including Gun Granberg Ranch, who will
receive the Century Ranch in 2019; Hilbert DeLeeuw and DeLeeuw Ranch;
and the Charlie Moon family.
The B.C. Cowboy Hall of Fame was started by the B.C. Cowboy
Heritage Society in 1998 with the intention of memorializing the stories
of incredible cowboys and their families across British
Columbia.
Although question period, at times, can feel like a rodeo, our
work in the House pales in comparison to the demanding and challenging
work of cowboys in British Columbia. Let’s all take a moment to thank
the ranching community for producing food for British Columbia families
and for taking care of the land we call home.
INTERNATIONAL WOMEN’S DAY
AND GENDER
EQUALITY
M. Dean: Tomorrow, on International Women’s Day, we celebrate all that
women have accomplished, and we stand together in the continued fight
for gender equality. Gender equality and representation are fundamental
values across our province, and it’s our responsibility to work every
day to advance gender equality in British Columbia.
In our province, we believe in lifting women up, because when
people can reach their full potential, our communities and our economy
are strengthened. Yet women in B.C. continue to face sexism and
gender-based violence and discrimination every day. That’s why we all
must take real, concrete steps to bring down the barriers that are
preventing us from reaching gender equality. From supporting a child
care system that gives parents the choice to return to school or work to
taking action to end gender-based violence, we can all work to make sure
everyone in our province is treated justly and has access to the same
opportunities.
[10:25 a.m.]
Around the globe and here at home, people are fighting to end
gender inequality, and we must listen to their voices, including the
voices of Indigenous peoples, immigrants, people of colour and people
living with disabilities, who are much more likely to experience
gender-based discrimination and violence.
International Women’s Day was started over 100 years ago, and
clearly, we have more work to do. While we may not be able to do it all
at once, we must keep moving forward. This International Women’s Day
let’s commit to providing better support for women and to working
together to build a stronger, fairer and more inclusive province. We can
all celebrate women’s achievements, raise awareness against injustice
and take action for equality.
WOMEN IN LEADERSHIP
S. Furstenau: It is great to hear all three parties in the House commemorate
International Women’s Day, which we will celebrate tomorrow. But I think
we also need to recognize the urgent need to continue to work together
for a better world — a world where rape is not used as a weapon of war
or power, a world where girls and young women are not excluded from
educational opportunities because they are menstruating or have children
of their own, a world where equal work receives equal pay.
We have made strides in seeing more women elected. Now it’s time
for the next significant step, which is to see far more women in
positions of leadership and to see a redefinition of leadership that
fits the 21st century.
For many leaders, being in power to do things differently will
mean embodying a style of leadership that is kinder, more inclusive and
more empathetic. But make no mistake. Kinder is not weaker. Indeed,
there is nothing more powerful.
I have seen the extraordinary strength of women who are rooted in
kindness — the strength to face down the biggest issues of our time; the
strength to stay at the table, focused on the task at hand; the strength
to listen and truly learn from people who have different perspectives.
The strength to persist through all of that, often while simultaneously
nurturing children and caring for elders, knowing you probably won’t get
the recognition or the pay that you deserve — that is true
leadership.
That level of strength is something I see every day in women, and
I’m deeply inspired and encouraged by it. As women, we must not accept
that it is enough to succeed in a man’s world. It’s time for us to
rewrite the rules. Our collective goal should be a transformation to a
world where everyone can truly thrive and meet their full potential.
Women can help take us there.
Mr. Speaker: The member for Powell River–Sunshine Coast.
JOURNÉE DE LA FRANCOPHONIE
N. Simons: Thank you, M. le Président. Thank you, Mr. Speaker. I’m pleased to
announce the proclamation of March 20 as Journée de la francophonie en
Colombie-Britannique. The event will be celebrated at noon here today in
the Hall of Honour.
La Journée de la francophonie en Colombie-Britannique est une
occasion de célébrer les deux langues officielles du Canada. C’est ce
qui contribue à l’unité canadienne et permet d’assurer la force de notre
pays et de notre province.
[B.C. Francophonie Day is an opportunity to celebrate Canada’s two
official languages. It’s what contributes to Canadian unity and
guarantees the strength of our country and our province.]
Aujourd’hui la Colombie-Britannique honore la contribution des
francophones lesquels renforcent le tissu social, économique et culturel
de notre province. Les francophones de la Colombie-Britannique viennent
de toutes les régions du monde, et aujourd’hui nous célébrons également
la diversité de notre communauté francophone à travers la
province.
[Today British Columbia honours the contributions francophones
have made and are making to strengthen the social, economic and cultural
fabric of the province. Francophones in B.C. come from all around the
world, and today we also celebrate the diversity of our francophone
community around the province.]
The theme of this year’s B.C. Francophonie Day is “Honouring our
B.C. francophone history,” “célébrons notre patrimoine francophone en
Colombie-Britannique.” Last spring British Columbians were invited to
nominate francophone historic places in B.C. and share stories
associated with them as part of the provincial heritage recognition
program.
Several organizations play an active role in the research,
preservation and promotion of B.C. francophone history. Today we
celebrate the great contributions of francophones to the history and
development of British Columbia.
Gisèle Sampson will also be honoured today. She will receive a
commemorative plaque for her contribution to the preservation and
promotion of the francophone history of Victoria and of the
province.
Je vous invite donc à célébrer la Journée de la francophonie en
Colombie-Britannique avec tous les francophones et francophiles de la
province. Merci.
[I therefore invite you to celebrate B.C. Francophonie Day with
all the francophones and francophiles of the province. Thank
you.]
[French text and translation provided by N.
Simons.]
M. Dean: I seek leave to make an introduction.
Leave granted.
[10:30 a.m.]
Introductions by Members
M. Dean: I see that Greg Hind is in the gallery today. He works in a café just
across from my constituency office. It has just opened and employs people
with developmental disabilities. Would the House please make him very
welcome.
Oral Questions
SURREY SCHOOL DISTRICT PORTABLE USE
S. Cadieux: Two years ago the Premier came for a campaign photo-op in Surrey
and promised to eliminate portables. The Premier promised a total
removal of portables over the next four years. “We need to start
reducing them by half in the first two years.” He has not reduced them
by half. He has done the opposite and increased them.
To the Minister of Education, can he explain why the Premier and
he have broken their promises to families in Surrey?
Hon. R. Fleming: I appreciate the question, and I appreciate it coming from the
member who was recently at a very well-attended ground-breaking on a
brand-new school in her constituency.
Surrey has never had more construction projects simultaneously for
schools in its history as under our new government. Today at this time,
under construction or under development, there are 7,000 new seats for
Surrey students. That’s the equivalent of 300 portables. Those schools
are being completed now and in the near future. By 2021, there’ll be
7,000.
But you know what? We’re not content to stop there.
Interjections.
Mr. Speaker: Members.
Hon. R. Fleming: We have the largest school capital budget before the House today —
$2.7 billion. That’s good news for Surrey families. That will help us
accelerate construction even more and get rid of portables in Surrey and
other fast-growing districts right around British Columbia.
Mr. Speaker: The member for Surrey South on a supplemental.
S. Cadieux: The Premier made the promise in 2017. Families in Surrey are
getting the opposite of what he promised. The Premier’s word and this
minister’s word mean absolutely nothing. The portables haven’t been cut;
there are more. You would think that the Premier and this government
would show a little humility or at least be a little bit embarrassed
about blatantly breaking the promise they made to families.
Will the Minister of Education stand up today on behalf of the
Premier and apologize to Surrey families for breaking their
promise?
Interjections.
Mr. Speaker: Members.
Hon. R. Fleming: Thank you to the member for the question. I think the other side
should take some credit for the mess that they created in Surrey. In
fact, they should take all of the credit. They should acknowledge their
record in Surrey — that they only built one new school in five
years.
Interjections.
Mr. Speaker: Members.
Hon. R. Fleming: One new school opened on their watch in five years, since 2014.
When we became government, to our shock and surprise, there was nothing
in the cupboard in terms of capital projects being planned and built in
Surrey — nothing.
Where there have been new portables brought into Surrey in the
last 18 months, they should take credit for that too. The reason
there’ve been new portables added to the portfolio in Surrey…. Number
one, they lost at the Supreme Court. Class sizes became smaller, and
portables were added. That’s their record for 12 years of fighting
teachers.
That government trashed and eliminated adult education programs.
We brought it back. We needed classrooms to train young adults in Surrey
to get a Dogwood certificate. That’s the other source requiring new
portables.
[10:35 a.m.]
So take the credit. You guys failed to build schools in Surrey.
We’re getting on with it. And guess who thinks that we’re doing a good
job. The Surrey Board of Trade, the school district of Surrey and the
new mayor of Surrey.
Mr. Speaker: I’m sorry for allowing that little bit longer than usual answer,
but I understand that we could only hear half of it over the noise.
That’s why I allowed the longer answer.
The member for Surrey South on a second supplemental.
S. Cadieux: I’ll correct the facts for the record. In fact, there were 14 new
and expanded schools alone in the ridings I held in the
last….
Surrey is a fast-growing city.
Interjections.
Mr. Speaker: Members.
S. Cadieux: Surrey is fast growing. The people of Surrey know that. The
reality is that the NDP excuses for a promise that they made in 2017 are
just excuses, pathetic excuses.
During the election, the Premier came to Surrey and made an
easy-to-understand promise to the voters, but he isn’t making good on
that promise. He hasn’t kept his word to the people of Surrey. It’s just
another on a long list of broken promises from this
government.
Everybody knows that the Premier has failed. Will he or this
Education Minister admit that he never intended to keep his
promise?
Hon. R. Fleming: As I said earlier, what would have made it a lot easier to start
getting rid of portables is if the previous government actually
transitioned something to us in terms of having construction started.
They didn’t even have planning. They had no funds attached to it. We had
to start from square one. As much as I would like to pop up a school in
18 months, it can’t be done anywhere in the world.
What we are doing in Surrey is accelerating and making it go as
fast as we possibly can. That’s why there are the projects under
development that there are today. That’s why there are 7,000 new seats
on their way by 2021, the equivalent of 300 portables.
Interjections.
Mr. Speaker: Members.
Hon. R. Fleming: I’m proud that our government is succeeding where they failed.
That’s not the government’s opinion. That’s the opinion of Laurie
Larsen, the school board chair, who says: “We’re finally on a roll with
school construction, and it’s great to see.” February 7,
The Surrey Board of Trade applauds the B.C. government on the
“continued Surrey school investment plan.”
Anita Huberman, chair of the Surrey Board of Trade….
Interjections.
Mr. Speaker: Thank you, Minister.
Hon. R. Fleming: Nobody in Surrey would listen to that side on how you build
schools quicker.
Mr. Speaker: Minister.
Hon. R. Fleming: But the business community in Surrey is….
Mr. Speaker: Minister, you’re….
M. Hunt: If the Premier hadn’t broken his promise, half of the portables in
Surrey would be gone today. Instead, this week the school board
announced that more portables are coming, and the Premier continues to
make excuses. This week his Education Minister was asked about the
Premier’s broken promise and declared: “Portables are
necessary.”
Why did the Premier break his promise to the parents of
Surrey?
Mr. Speaker: Minister of Education, I will give you an A-plus if you can make
it short.
Hon. R. Fleming: Thank you very much, Mr. Speaker. I’ll make this short.
It’s great to see the member stand up and ask about Surrey schools
because his attendance at new openings and ground-breakings on Surrey
new schools has been 100 percent.
[10:40 a.m.]
I feel for that member and other members, though there are fewer
of them, from Surrey. Let’s be clear. I feel for those members. They’ve
waited an awful long time to see it finally happening in Surrey. It is
happening, and I look forward to seeing the member at future
announcements as well.
M. Hunt: It’s not always possible to adjust one’s
schedule when you get
less than one day’s notice of an announcement that the minister is
making.
Interjections.
Mr. Speaker: Members. Members.
M. Hunt: Two years ago the Premier came to Surrey for a campaign photo op
and promised that he would eliminate portables in four years. In October
of 2017, less than two years ago, this minister doubled down on this
commitment. Now they say portables are necessary. The Premier can
pretend that he didn’t make the promise, but the families in Surrey
remember.
The question to the minister is: what is the new timeline to
eliminate portables as he promised?
Hon. R. Fleming: You know what the difference is between a pre-election
announcement and what happens after under our government and
theirs?
Interjections.
Mr. Speaker: Members. Members.
Hon. R. Fleming: We actually build the schools. That’s the difference.
I don’t even think that member would fondly recall the old days
under his government when nothing got done. I know he’s happy with the
record of our government, because he shows up every time we announce a
new school in Surrey.
I hope he’ll come to the next event that could be in his
constituency, and I hope he’ll vote for the largest school construction
budget we’ve ever seen in the history of British Columbia. It’s on the
floor of the House today.
The members opposite, if they want to accelerate school
construction in Surrey even more than what has already been done, should
vote for that budget.
Interjections.
Mr. Speaker: Members.
CHILD AND YOUTH POVERTY
AND ACCESS TO MENSTRUAL
PRODUCTS
A. Weaver: The 2018 child poverty report card found that one in five children
in British Columbia are currently growing up in poverty. That’s over
172,000 children, many of whom are in deep poverty, up to $13,000 below
the poverty line.
We also know that these children are very likely to be Indigenous,
immigrants or racialized minorities. These children often go to school
hungry. Their families are worried about basic necessities, such as
shelter and groceries.
Now, consider the approximately 86,000 impoverished children and
youth who require menstrual products on a monthly basis. Consider the
fact that most families under the poverty line are single mothers and
their children. For many individuals, managing menstruation can require
additional products of birth control.
How will the upcoming poverty reduction strategy ensure that all
children and youth have equal access to menstrual products?
Hon. S. Simpson: Thank you to the member for the question.
The cost and availability of menstrual products is a real issue,
especially for poor women who often face the choice of purchasing those
products or buying other essentials, including food. This should not be
the case.
We all expect, when we enter a public washroom, that toilet paper
is readily available and free. Why that isn’t the case for menstrual
products is a very good question — one, I suspect, that if men had a
menstrual cycle, we wouldn’t be asking today.
The member’s question is particularly timely today. The
Parliamentary Secretary for Gender Equity has kicked off the Period
Promise campaign here at the Legislature. People can support that
campaign through donations of products or cash at the Finance Minister’s
office until March 28, and those will go to a very good
purpose.
[10:45 a.m.]
More directly to the member’s inquiry, this is a societal
question. It requires societal change, and as it impacts women,
particularly poor women, it’s an affordability question. Affordability
is a cornerstone of the poverty reduction work in front of our
government, and we’re taking that work on.
Mr. Speaker: The Leader of the Third Party on a supplemental.
A. Weaver: Thank you to the minister for the very thoughtful answer to
the question. My supplemental is this.
Last week the New Westminster school board announced that they
will be providing free menstrual products in all of their elementary,
middle and high schools beginning this September. This will not only
reduce costs faced by financially struggling families; it will improve
access to education for girls and non-binary folk who
menstruate.
We know that students, if they can’t manage their periods, will
remove themselves from extracurricular activities and even miss school.
Providing menstrual products gives all children equal access to
education. But this program places a financial cost on school districts
that are already strapped for funds and facing teacher
shortages.
My question is to the Minister of Education. All children deserve
equal access to education. What is his ministry doing to provide
menstrual products for students in British Columbia?
Hon. R. Fleming: I would thank the member for the question. It’s obviously a very
important issue for students across British Columbia. When students
can’t access menstrual products, it can often impede their ability to
participate in sports or extracurricular activities, or maybe they even
have to miss learning time by having to miss classes.
We see this initiative that New Westminster has undertaken as an
important part of promoting an overall student success agenda that the
government has in working with our school district partners. I want to
take this opportunity to commend the New West district for showing the
lead here. It’s a great initiative; there’s no question about
that.
It has also garnered some interest from school districts. I expect
to be meeting with our education partners about this particular issue,
the B.C. School Trustees Association among them. I would say in the
meantime that we do have some existing funding streams that can be
assessed to do what New Westminster has done, in other parts of the
province. The CommunityLINK fund is one of those that may be an area
where they can pay for menstrual products.
I want to say, too, on a personal note…. I thank the United Way
and, in my community, the Victoria Labour Council for the Period Promise
campaign. I was pleased to go out personally and make some donations
last week when they were doing fundraising. Those activities are ongoing
during this campaign. It’s very promising, and it has led to a very
productive discussion in the school district.
I think this is an issue that fits with our government’s overall
affordability agenda, and we’re happy to engage in that discussion with
school districts.
POTENTIAL SCHOOL CLOSINGS
VANCOUVER
M. Lee: The now Minister of Education has said: “School closures just rip
the guts out of neighbourhoods in Vancouver.” As a parent with children
who have benefited from attending local neighbourhood public schools in
Vancouver, I understand the anxiety of families, with 28 schools
currently on the chopping block. This includes Walter Moberly Elementary
School, located just over the Fraser Street boundary that I share with
the member for Vancouver-Fraserview.
My question is to the Minister of State for Trade. Moberly is in
his riding. What has he done to stop this school closure?
Hon. R. Fleming: I thank the member for the question. I think it’s his obligation,
and other members, to not present misinformation about school closures
in Vancouver. For the first time in 16 years, there is no pressure to
close schools in Vancouver.
We can all remember the herculean effort to shut down schools that
was pursued relentlessly, doggedly, year after year by the old
government on that side. The Vancouver school district stood up to that
government. School districts around British Columbia stood up to that
government on closures, for the reasons that our government supports
keeping those schools open.
That’s the discussion we’re having with the Vancouver school board
today. It’s entirely different. It’s how we can invest faster to build
as many safe seats in Vancouver, which has been neglected for far too
long under the previous government.
[10:50 a.m.]
The old government put an audit from KPMG and demanded that the
school district close 24 schools in order to balance the operating
budget of the school district. We have record levels of funding in the
Vancouver school district’s operating budget. We’ve invested nearly a
quarter-billion dollars in seismic projects that we’ve accelerated. It
is a sea change in the environment today than it was just a couple of
short years ago in Vancouver.
Mr. Speaker: The member for Vancouver-Langara on a supplemental.
M. Lee: This is a list of 28 schools in Vancouver across the district that
have been identified with the Vancouver school board. Parents across
Vancouver are fretting and concerned about the future of their schools.
This Minister of Education used to say: “These are decisions that
communities actually shouldn’t have to be facing. They’re abandoning
communities, abandoning neighbourhoods by taking schools right out of
the heart of those communities.” These are the words of the Minister of
Education.
Walter Moberly Elementary is just one of these Vancouver schools
that are important…
Interjections.
Mr. Speaker: Members.
Continue, Member.
M. Lee: …to our community. Moberly serves as the gateway in the Vancouver
school district for South Asian, Filipino, Vietnamese and other
immigrant children and has been integral to the Sunset community in
South Vancouver.
Moberly is in the Vancouver-Fraserview riding of the Minister of
State for Trade. Will he stand up and tell us what he has done to
advocate to keep this school open?
Hon. R. Fleming: It’s really difficult to hear from that side of the House about
school closures. They closed 240 of them in communities right around
British Columbia. They did rip the guts out of communities in British
Columbia. Our record is vastly different. We’ve reopened schools they
closed. That’s what we’ve been doing.
Our agenda as a government has been to work as quickly as
possible, addressing the seismic backlog that that government left us.
That member knows that we’ve been working quickly to do it, because he
was at Hamber Secondary to receive an $80 million investment in fixing
that school. By the way, that’s the largest seismic project in B.C.
history, in that member’s riding.
I would urge the remaining B.C. Liberal MLAs that are in
Vancouver: stop scaring parents. Give them the facts. Listen to the
Vancouver school board’s elected leaders — you know, the ones that they
fired — who said that this isn’t about school closures. This is about
having a productive relationship with the province to keep investment
happening in Vancouver.
HOSPITAL DISCHARGE PRACTICES IN
FRASER HEALTH
AUTHORITY
J. Martin: Ken Popove, the mayor of Chilliwack, a great guy, has written to
Fraser Health raising serious concerns about the discharging of
significantly vulnerable patients. On multiple occasions over the last
several weeks, patients with serious physical and mental health concerns
were discharged from Surrey Memorial Hospital and sent by taxi to the
Chilliwack Salvation Army, a homeless shelter almost 80 kilometres
away.
You know, my mayor and my council, the social services, my
non-profits and the great people of Chilliwack do more than their share
of heavy lifting on the homeless front. In short, they punch above their
weight. How can this possibly be an acceptable practice?
[10:55 a.m.]
Hon. A. Dix: I’d be happy to meet with the mayor of Chilliwack and with the
hon. member to discuss any particular case that he’d like to raise and
to follow up on those circumstances. He knows that we have very
significantly increased our investment in health care in the last number
of years, but that doesn’t mean that in every case, things are perfect.
So I’m happy to meet with the hon. member and discuss the issues that he
raises.
Mr. Speaker: The member for Chilliwack on a supplemental.
J. Martin: I appreciate the offer. The mayor and myself will take the
minister up on that. However, I would like the minister to go on the
record in this House assuring me, my mayor, my council and everyone in
Chilliwack that this will never, ever happen again.
Hon. A. Dix: As we’ve said, we don’t discuss individual cases in the House,
although we do when permission is granted. We have those discussions,
and we certainly will be in the future.
I think the work done by health care workers in British Columbia,
by the people responsible for discharges, is some of the most important
work that we do. Often, for example, hospitals are over capacity because
of inadequate resources in the community — resources that we’re
aggressively building out across both social services and the health
care system.
I’m happy to meet with the mayor, happy to meet with the member.
We’ll discuss the circumstances of the case and take it from
there.
FUNDING FOR ENFORCEMENT OF
ANIMAL BREEDER
REGULATIONS
J. Thornthwaite: In 2017, my bill to stop puppy mills recommended an external
regulatory agency to enforce standards of care for animal welfare, but
this government has failed to provide the SPCA with the necessary funds
it needs to adequately enforce these new regulations. Puppy mills,
unregulated rescue centres and unethical breeders continue to operate
throughout the province.
Why hasn’t this government funded the SPCA, and when will the
Agriculture Minister provide them with the resources they need to have
proper enforcement?
Hon. L. Popham: I appreciate the question from the member. This is something that
I know she’s very passionate about. So am I. I’ve often said in this
chamber that when I became an MLA, my son, who was ten at the time, said
that the only thing he wanted me to do was to stop puppy mills. So we’re
coming from the same passion there.
This has been a few years’ worth of work that is now coming to
fruition. We have been having discussions with the BC SPCA. In fact,
just last week I was speaking with them at an animal welfare conference.
We wanted to make sure that we did the consultation. We are just landing
on how this will be administered. So those discussions with the BC SPCA
are happening currently.
I would be very happy to have the member come to my office. I can
give her an update when I find out for myself where exactly those
discussions are.
Mr. Speaker: The member for North Vancouver–Seymour on a
supplemental.
J. Thornthwaite: The problem is that those consultations have actually stalled, as
well as with the responsible breeders. So under the NDP, the creation of
a regulatory enforcement team has been put on hold because of a lack of
funding. Puppy mills and unscrupulous breeders continue to operate with
impunity because the legislation is not being enforced.
Again to the Minister of Agriculture, when will the SPCA get the
resources they need to protect these vulnerable
animals?
Hon. L. Popham: I think that I have had conversations with the member before, and
she is very well aware that these discussions with the BC SPCA are
happening now. I can say that right now charges can be laid under the
Prevention of Cruelty to Animals Act against anyone who causes suffering
or distress to an animal. That includes breeders.
I think the member and I can very much agree that a registration
system is the best way to handle breeders that are causing suffering.
We’re working on that right now. The consultation did not stall out. We
have been consulting with every type of breeder that there is in British
Columbia.
I can tell you that we’ve been receiving good feedback. People are
appreciative that we’ve gone the extra step and taken a little bit more
time to get this right. I expect that this will be wrapped up in the
next little while. I think that the member and I will be able to
celebrate that together.
[11:00 a.m.]
FOREST INDUSTRY TENURES AND LICENCES
D. Barnett: It’s no secret that the NDP hates fish farms and wants to shut
them down. Now this government is coming after forestry. The Premier’s
comments are absurd. And nobody knows what he means by his promise to
impose the same restrictions on forestry as on fish farms. Someone with
a community woodlot licence or a forest tenure can’t just move their
operation.
To the Minister of Forests, the Forests Minister had a chance
yesterday to commit to protecting these licences and tenures. Why didn’t
he?
Hon. D. Donaldson: I thank the member for giving me the opportunity to talk about an
incredible achievement of this government in the Broughton Archipelago,
with First Nations, with industry and with workers. What a key part of
that amazing agreement that we were able to forge, unlike the last
government…. A key feature of that was future opportunities for First
Nations in aquaculture.
Likewise, I just don’t understand how the opposite side is against
First Nations having opportunities in forestry in this
province.
[End of question period.]
Tabling Documents
Mr. Speaker: Members, I have the honour to table a report from the Office of the
Ombudsperson, Committed to Change: Protecting the Rights of Involuntary
Patients Under the Mental Health Act .
Reports from Committees
LEGISLATIVE ASSEMBLY
MANAGEMENT
COMMITTEE
Mr. Speaker: Secondly, I have the honour to table a report from the Legislative
Assembly Management Committee, to the reports. This includes the report
of the Speaker released on January 21, 2019; the written responses and
legal submissions from the Clerk and Sergeant-at-Arms received on
February 7, 2019; and the report on the written responses by the
Speaker, released on February 21, 2019.
Hon. M. Farnworth: By leave, I move that the report of the Legislative Assembly
Management Committee be adopted.
Leave granted.
Mr. Speaker: The question is that the report of the Legislative Assembly
Management Committee be adopted.
Motion approved.
Motions Without Notice
APPOINTMENT OF SPECIAL INVESTIGATOR
INTO MISCONDUCT
ALLEGATIONS
CONCERNING CLERK AND SERGEANT-AT-ARMS
Hon. M. Farnworth: By leave, I move:
[
a) That the Right Honourable Beverley McLachlin, P.C., C.C.
be appointed as Special Investigator to conduct a confidential,
impartial and independent investigation into allegations concerning the
Clerk, Craig James, and the Sergeant-at-Arms, Gary Lenz, that were
raised by the Speaker in his Report to the Legislative Assembly
Management Committee (“the Committee”) and made public by the Committee
on January 21, 2019;
b) That the purpose of the investigation shall be a
confidential fact finding to determine whether either or both Mr. James
and Mr. Lenz, appointed to their office by resolution of the Legislative
Assembly pursuant to the Constitution Act , engaged in
misconduct in the course of their employment;
c) That the House Leaders, Hon. Mike Farnworth, MLA,
Government House Leader; Mary Polak, MLA, Official Opposition House
Leader; and Sonia Furstenau, MLA, Third Party House Leader (the “House
Leaders”) establish terms of reference for the conduct of the
investigation that provides for, among other things, a process that
ensures procedural fairness and natural justice;
d) That in conducting the investigation, the Special
Investigator shall review the following documents and any others the
House Leaders deem relevant to the investigation:
i. the report of the Speaker released on January 21,
2019, and exhibits;
ii. the related addendum to the report of the Speaker
distributed on February 4, 2019,
iii. the written responses from the Clerk and the
Sergeant-at-Arms received on February 7, 2019,
iv. the legal submissions from the Clerk and the
Sergeant-at-Arms received on February 7, 2019, and
v. the report on the written responses by the Speaker
released on February 21, 2019, and exhibits;
e) That the Special Investigator be granted the powers to
compel persons to meet with the Special Investigator and to compel
documents and other evidence, except those protected by solicitor-client
privilege, to be provided to the Special Investigator;
f) That the Special Investigator report on any findings and
conclusions to the House Leaders at the earliest opportunity, making one
or more interim reports as may be appropriate, and a final report no
later than May 3, 2019, and that the Government House Leader report to
the Legislative Assembly on the conclusions of the Special Investigator
at the earliest opportunity;
g) For greater certainty, it is recognized that deliberations
of the Legislative Assembly with respect to the appointments of the
Clerk and Sergeant-at-Arms fall within a sphere of activity that is in
the exclusive jurisdiction of the Legislative Assembly and that nothing
in this order shall be interpreted as limiting in any way the powers,
privileges, rights and immunities of the Legislative Assembly or its
Members.]
[11:05 a.m.]
Leave granted.
Motion approved.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call Committee of the Whole, Bill 12, the Supply Act.
In
Section A, in the Douglas Fir Room, I call continued debate on the estimates
for the Ministry of Children and Family Development and, if they finish, then
the Ministry of Advanced Education, Skills and Training.
[11:10 a.m.]
Committee of the Whole House
BILL 12 — SUPPLY ACT (N o . 1),
The House in Committee of the Whole (Section
B) on Bill 12; R.
Chouhan in the chair.
The committee met at 11:11 a.m.
section 1.
Hon. C. James: I’ll turn it over to the critic. This is, as people know, a very
straightforward bill that is, as usual, brought forward at this time to
be able to cover off supply while we continue the estimates that are
going on for each of the ministries. It’s an important part of our
system to be able to allow ministers to be able to talk about the
dollars in their budgets and to allow the opposition to be able to ask
their questions.
T. Redies: I must say it’s very nice to receive a bill that’s only two pages,
once in a while. So thank you, Minister. Again, this is a
straightforward bill. We just have a couple of questions just to clarify
a few things.
section 1, it indicates that the government is asking for about
$11.8 billion for this next quarter. The total expenditures in the
budget is around $58 billion. So can you speak to the difference in
terms of the amounts? Because if this is one quarter, it would suggest
expenditures of $48 billion.
Hon. C. James: The total that is included is the total operating votes, the
dollars included in that, so it would not include anything outside the
consolidated revenue fund. That would include Crown corporations, etc.,
which is probably the difference that the member is noticing.
Section 1 approved.
section 2.
T. Redies: Again, a similar question. But before I actually ask about the
numbers, I just want to clarify. In terms of the capital spending that’s
being covered here, is it just for the taxpayer-supported capital
spending, or does it also include the Crowns?
Hon. C. James: It only includes ministry capital funds.
T. Redies: The government is requesting $372 million. I don’t have it right
in front of me, but I think the capital spending is about $6.3 billion.
Is this a timing issue, or are there any projects that are delayed right
now that we should be made aware of?
[11:15 a.m.]
Hon. C. James: This also includes
schedule D — I think that’s where the
difference is for the member — which is the disbursement for loans,
investments and other requirements. It’s
schedule D, attached to
that. So that’s included there.
This piece really has to do with when payments go out. That’s
really the issue here — the timing of when payments go out. Again,
capital spending depends on when…. You see things coming in when you put
out a proposal, and you’re waiting for the dollars to come in. So
really, this is a timing issue as well around when the payments are
going to be due and ensuring we have the resources to be able to cover
that.
T. Redies: Just to clarify, the minister is not aware of any projects that
are unduly delayed at this point in time.
Hon. C. James: No.
Section 2 approved.
section 3.
T. Redies: Maybe just a little bit of colour for still a newbie MLA about
what this is particularly for. If the Finance Minister could just give
us a bit more context.
Hon. C. James: One of the examples would be fuel tax for transit. That would be
something that, again, is 100 percent that is collected and given to
other entities, as we’ve talked about in the Budget Measures
Implementation bill. That would be an example of this
section and where
it would apply.
Sections 3 and 4 approved.
Preamble approved.
Title approved.
Hon. C. James: I move that the committee rise and report the bill complete
without amendment.
Motion approved.
The committee rose at 11:17 a.m.
The House resumed; Mr. Speaker in the chair.
[11:20 a.m.]
Report and
Third Reading of Bills
BILL 12 — SUPPLY ACT (N o . 1),
Bill 12, Supply Act (No. 1), 2019, reported complete without
amendment, read a third time and passed.
Hon. D. Eby: I call Committee of the Whole, Bill 2, Protection of Public
Participation Act.
Committee of the Whole House
BILL 2 — PROTECTION OF PUBLIC
PARTICIPATION ACT
(continued)
The House in Committee of the Whole (Section
B) on Bill 2; R. Chouhan
in the chair.
The committee met at 11:21 a.m.
section 4 (continued) .
Hon. D. Eby: Joining me are Russell Getz, legal counsel, and Darin Thompson,
legal counsel, assisting me today.
I notice we have some guests in the gallery. Just so that they
know what’s happening, we are in the Committee of the Whole stage of a
bill that’s in front of the House about protecting speech and ensuring
that journalists and activists and community members can speak out on
issues of importance without facing improper defamation lawsuits that
would cause them to stop speaking out. You’ll hear the member from the
other side asking questions of me about the bill, and you’ll hear me
responding, with the assistance of staff. I just want to welcome them
all to the House, from wherever they come.
Sections 4 and 5 approved.
section 6.
M. Lee: I just wanted to ask the Attorney General, in terms of the
considerations for where a court may otherwise order possible amendments
to the respondent’s pleadings, in what circumstances would the court
contemplate permitting the respondent to amend their
pleadings?
Hon. D. Eby: One of the features of these strategic lawsuits against public
participation, as they’ve been described by various academics and
others, is that they usually involve an imbalance of resources. One side
has a lot of money and access to lawyers; the other side, not so much.
So the other side gets taken to court around a defamation action, gets
wrapped up in this action, and there’s no decision on it for many years.
As a result, they end up apologizing or withdrawing a statement that
they believe to be true, and there’s a general chill on their ability to
speak out.
One of the functions of having access to those kinds of resources
is, potentially, if you get a decision from a court that says, “No, this
is one of these lawsuits.” The balance that we were talking about
yesterday between protecting the free-expression rights and protecting
the reputational rights of the two parties — it comes down in favour of
protecting the expression rights.
The plaintiff, the person who’s suing the journalist or activist
or community member, doesn’t get to amend their court documents to say:
“Oh, what I really wanted to argue was this.” Then you’re back at the
beginning of the application over and over again. That would frustrate
the intent of this bill, which is to stop the process at a very early
stage in order to assure people that if they speak out on a matter of
public interest and they do it fairly and within the confines of this
application and existing law, they’ll be able to stop an improper
lawsuit or a lawsuit that has a disproportionate impact on free
expression — stop it early.
If you don’t have this fail-safe clause in here that says that
unless the court gives you permission, you’re not allowed to amend your
pleadings, then you could be back into a cycle, again and again, of
amended pleadings and not get out of this process. It would frustrate
the intent of having a clear finish to the legal action at an early
stage, where that’s appropriate.
[11:25 a.m.]
M. Lee: I appreciate the response. I understand the nature of
section 6 as
the Attorney General just outlined. What I’m asking, though, is the
lead-in language, which is: “Unless the court orders
otherwise….”
Under what circumstances would the court otherwise
order?
Hon. D. Eby: There’s certainly no significance intended by the order of the
words — “orders otherwise” or “otherwise orders.” It’s meant to be a
standard type of clause that gives a court the authority to order
otherwise where fairness requires it.
M. Lee: That’s what I’m trying to get at. In what circumstances would
fairness require the court to otherwise order this?
Hon. D. Eby: Difficult to speculate in terms of the wide array of possible
reasons why the court might allow someone to amend their pleadings after
making a decision that the lawsuit should not go ahead because it has
this impact on free expression. One can imagine that, potentially, some
new facts came to light or that there was some additional information
that wasn’t previously available.
It’s hard to know exactly what it is. The court would essentially
have to engage in that kind of balancing exercise again in determining
whether the evidentiary burden required to convince the court that it
was necessary to reopen the pleadings outweighed the intent of this bill
and this process to have finality for the parties involved.
Section 6 approved.
section 7.
M. Lee: Just in terms of
section 7, there is the opportunity where
the court may order costs. I’m reading at 7(2): “…the respondent is not
entitled to costs on that application unless the court considers it
appropriate in the circumstances.” Under what circumstances would a
court consider it appropriate to order costs to the
respondent?
Hon. D. Eby: The intent of the subsection is to say to the court…. The
presumption is that the respondent, the person who is responding to the
application that says that this is a lawsuit that infringes on free
expression and that it should be truncated…. Even if the respondent is
successful in fending that off, the presumption is that they’re not
entitled to costs related to the application.
It’s a party-driven process. They came to court. They brought this
other person to court. Also, there’s a recognition within this bill, and
generally around these kinds of lawsuits, of an imbalance of resources
most typically in these kinds of lawsuits. In fact, typically, one of
the defining features of these lawsuits is that imbalance of resources
between the plaintiff and the defendant. So this recognizes that. It
gives the court the presumption, but it also gives the court the
opportunity…. Where the conduct of the parties is problematic and the
court wants to send a message, the court could still award costs in the
circumstances.
Again, this is one of those difficult situations, to speculate
about what level a court would find that they needed to send a message
to the parties by awarding costs against the applicant in a vacuum. But
it is something the courts do on a regular basis. What this
section does
is simply provide a presumption. If there is not some sort of flag that
the courts have identified that they want to send a message about the
behaviour of the parties, then the presumption is that the respondent is
not entitled to costs.
[11:30 a.m.]
M. Lee: I appreciate that in the absence of the actual, specific facts of
a particular case…. These new legislative proceedings, as set out in
this act, will be more fully tested, of course, against the facts of a
particular case.
Just so we understand the intention of the drafters of this
legislation here, if we go the other way, in terms of subsection 7(1),
it says that the “costs on a full indemnity basis” would be provided to
the applicant, in effect, “unless the court considers that assessment
inappropriate in the circumstances.”
Again, what would be the understanding or the expectation where a
court may find that that assessment of a full indemnity would be
inappropriate in the circumstances?
Hon. D. Eby: What we wanted to do with both of these provisions, subsections
7(1) and 7(2), was to give the court a presumption. The presumption is
that if someone is successful in this application, they get full costs
on an indemnity basis. Their presumption is that even if they’re not
successful, there’ll be no costs awarded against them.
But to give the court that discretion and as much leeway as the
court needs to essentially recognize that one party or the other was
particularly poorly behaved or didn’t conduct itself in a way that the
court wanted to sanction with costs…. The court could then say: “You
know what? I know that the presumption is this, but your conduct was
such that I need to take some kind of action to send a message to you.
That action is to refuse to give you full indemnity costs on your
application, or that action is to actually award costs against you. Even
though the presumption is in the law and the intent was that I not do
that, I need to do that in order to send you a message.” The intent of
both sections is the same.
We want to give that safety valve. We want to give that leeway to
the court to send that message to parties as required.
Section 7 approved.
section 8.
M. Lee: Just for the benefit of this committee review, I’d like to ask the
Attorney General…. Recognizing that, as we were discussing in the last
committee stage on this bill, Ontario has similar legislation in place
and has been through the courts in various cases to work with that
legislation, what have been the examples of the range of damages that
might be awarded in those Ontario cases in terms of the application of
similar pieces of legislation? What’s been the range or the quantum of
damages that might have typically been awarded, if any at
all?
Hon. D. Eby: The member will remember that B.C. used to have legislation like
this. In it, the motive of the plaintiff in bringing the lawsuit was a
significant component that you had to prove in order to get the case
dismissed. That was always very challenging. Although it was quite
leading edge at the time, it was later on understood that that wasn’t
the best way to protect against these kinds of abuses of the court
system.
In this bill, what’s been done is the bad faith or improper
purpose has been separated out. You don’t have to prove that in order to
get the action dismissed. But if you can prove it, if you can show that
the plaintiff knew that they were bringing this for an improper reason
or they were bringing it in some kind of bad faith, you can potentially
ask the court to award you damages.
[11:35 a.m.]
Now, there is not a restriction about the kinds of damages or the
types of damages that a particular applicant might make in the event
that they were successful in demonstrating bad faith or improper
purpose, but what the bill intends is that the court could recognize and
actually punish with damages awarded against the plaintiff if the action
in the proceeding was brought in bad faith or for an improper
purpose.
The member asked about jurisprudence that we’re aware of where bad
faith or improper purpose was, in fact, recognized by a court in
Ontario, because they’ve had some experience with this already. We’re
not aware of a case yet that has considered this particular section.
Likely it would be exceedingly rare, actually, that an applicant or a
defendant would be able to demonstrate bad faith or improper purpose,
because we’ve actually seen some history with these kinds of provisions,
and it is difficult to prove.
Where it shows up, we wanted a venue for people to be able to show
that they suffered some kind of damage or that the court could provide
some sort of damage to recognize the improper nature and the abuse of
the system that the plaintiff had engaged in by bringing an action in
bad faith or for an improper purpose.
Section 8 approved.
section 9.
M. Lee: Just one question on subsection 9(3): “An application for a
dismissal order under
section 4 must be heard as soon as practicable.”
Appreciating that that doesn’t preclude an injunction application from
being applied for under
section 5(2), what’s the expectation or any
consideration by the Attorney General of timing constraints? Obviously,
we have a situation where the courts continue to be quite overloaded in
many jurisdictions in this province. What would be his expectation as to
the range of time period that these sorts of applications for dismissal
orders would be heard under this act?
Hon. D. Eby: This is where we actually had an opportunity to learn from
Ontario. I understand that in Ontario’s act, they have a 60-day
timeline. One of the challenges that they’ve had is that they can’t hold
to that. What we wanted to avoid was having our registry staff in the
courts, or others, be deemed to be violating
an act because they’re not
ensuring that it comes within 60 days, or opening up the opportunity for
someone to say: “This whole thing should be dismissed because it didn’t
come forward within 60 days.” To avoid that, the phrase “as soon as
practicable” was used, rather than a fixed timeline.
Now, some registries in the province with counsel that have
available schedules will be able to hear, certainly, within the 60-day
timeline of Ontario, but it’s a big province, and there are some
registries that have very tight calendars. If you get a couple of busy
counsel, it’s hard to say when a matter would be heard. This is simply a
guideline where, if there is a dispute over setting something down or
some kind of an issue like that, counsel can point to this and say:
“Look, this needs to happen as soon as practicable.” That was the intent
of the law, because there is a cost to allowing this to stretch out and
out and out. That cost is in relation to free expression, and that is
the exact reason why the act was brought forward.
We wanted to preserve the intent of the Ontario act in keeping the
timelines tight, but we wanted to learn from the Ontario act, as well,
and not put our registry staff in a situation where they may be
scheduling something that’s essentially in breach of the act. So this is
what we hope is the happy medium around communicating that we want it to
come on quickly and providing the tools to ensure that it can come on
quickly, but also recognizing that this is a big province with a lot of
diverse registry capacities and also that counsel sometimes have
difficulty linking up calendars to get things heard in a certain amount
of time.
Sections 9 to 14 inclusive approved.
Title approved.
Hon. D. Eby: I move that the committee rise and report the bill complete
without amendment.
Motion approved.
The committee rose at 11:40 a.m.
The House resumed; Mr. Speaker in the chair.
[11:45 a.m.]
Report and
Third Reading of Bills
BILL 2 — PROTECTION OF PUBLIC
PARTICIPATION
ACT
Bill 2, Protection of Public Participation Act, reported complete
without amendment, read a third time and passed unanimously on a division.
[See Votes and Proceedings .]
Committee of Supply (Section A), having reported progress, was
granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:49 a.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of Supply
ESTIMATES: MINISTRY OF
CHILDREN AND
FAMILY DEVELOPMENT
(continued)
The House in Committee of Supply (Section A); N. Simons in the
chair.
The committee met at 11:13 a.m.
On Vote 19: ministry operations, $2,064,727,000
(continued) .
The Chair: Good morning, Members. We are here in Committee A to discuss
the budget estimates for the Ministry of Children and Family
Development. Currently we’re on the subject of child care, with the
Minister of State for Child Care.
The member for Chilliwack-Kent has some questions.
L. Throness: Thanks again for coming, to all ministers and staff. I want to
begin by asking about a few top-line numbers. The government budgeted
$263 million to be spent on child care in this fiscal year, plus
supplementary estimates of $20 million.
[11:15 a.m.]
Can the minister tell me how close the government will come to its
budget in this fiscal year? How much of the $283 million will be spent
in this fiscal year?
Hon. K. Chen: We are forecasted to fully spend the budget.
L. Throness: I’m wondering if the government could share, so far, the average
annual cost per child of child care under the system that began last
year?
Hon. K. Chen: I’m not exactly sure what the member opposite is referring to. Is
it the cost per space or the child care cost? If the member can clarify
it. We don’t have that information, but we may be able to see what we
have that’s related to the information that the member is looking
for.
L. Throness: I’m just a bit vague in my question myself, because I’m not sure
how the government would want to calculate that. I’ll leave that to
another time. I’m sure that’ll be done.
The minister has to submit a report to cabinet on or before March
31 on all of the results of her labours over the past year. Would she
commit to making that report public so that she can be accountable for
results to all the parents, providers and taxpayers of B.C.?
Hon. K. Chen: I’ve already done my report to cabinet. In terms of the cabinet
document, it is cabinet privilege. But I’m more than happy to share the
reporting that I’ve done to cabinet and some of the content that we’ve
achieved in terms of what Childcare B.C. has achieved during the past
year for families in B.C.
As the member opposite would know, this is a historical investment
that we are supporting and providing to not just families to help them
with affordability but also to help with providers — to help them with
their operating costs and to support their operation by finding every
way possible to give them the tools that they need to maintain current
spaces.
Also, we are making sure we are supporting early childhood
educators. We do have over 34 initiatives. I think I can spend a whole
day just talking about the 34 initiatives. I know we’ll be diving into a
lot of details in terms of how our initiatives are working. Generally
speaking, we do have a child care plan that is about building the
foundation of a way better child care system that will be affordable,
quality and accessible for all B.C. families.
When we talk about affordability, we have three major initiatives.
The fee reduction initiative has helped to lower parent fees in B.C.
across the board. Close to 90 percent of providers are joining this
program. The fee reduction is up to $350 depending on the type and the
age of the child.
It has been a very successful initiative that many families are
benefiting from. Many families are sharing that they now, finally, have
a little bit more room in their budget to be able to help them to pay
for other high costs of living. It really helped them with their family
stress. It’s also good that more families are able to use child care
services when they need to.
[11:20 a.m.]
We also have the affordable child care benefit. That is bringing
less than $200-a-month, $10-a-day child care to many families,
especially families between the income of $60,000 and $80,000. We hear
amazing stories of how those families are…. More parents, especially
mothers, are able to return to work. They have more choices to balance
their professional career or educational needs with their child care
needs. We are also providing…. Through that affordable child care
benefit, many families are paying no cost or low cost for child care, if
they’re under the income of $45,000.
The third one is the popular prototype sites that we are piloting
and learning how we can, in the future, build universal child care and
how to work with a variety of providers — private, non-profit,
Indigenous, supported child development and family child care. It’s been
a fantastic pilot for us, and we’re also hearing a lot of impact on
families. The centres are really happy to work with us on those
pilots.
On quality. I know it takes a long time for us to go through, but
just overall — and that’s the content of my report, which the member
asked about — we are rolling out over a dozen initiatives to support
early childhood educators in the workforce, to look at ways for how we
can support their education, training and fair compensation.
We just rolled out the first wage enhancement earlier in January.
That has been a great success. A few million dollars have gone back to
early childhood educators’ pockets. They are the ones who are working
hard every single day, supporting young families. But they’ve been
struggling for years with low pay and a lack of supports. I think it’s
crucial and it’s time that we recognize their very important
contribution and find the tools that they need.
Of course, we’re working with providers, through operating funds,
through maintenance grants, to maintain current spaces. We are
accelerating the creation of child care spaces. I’m proud to say that
our new spaces fund has been going well.
We also have a lot of partnerships that we’re looking at with the
public sector, local government, Indigenous communities and school
districts to create child care spaces on public grounds that will become
part of community assets. At the same time, we are working with a
variety of different types of child care providers to continue to
accelerate that creation of spaces.
That being said, the current system does have a lot of challenges.
We are continuing to look for ways to learn from the sector, from
providers, from parents and to make sure that we can work together to
build a better system.
That was pretty much the content of my report in a short few
minutes. I’m sure we’ll be able to dig into a lot of the items that we
mentioned.
L. Throness: I would certainly expect that the minister will release a report,
which is based on that cabinet document, that will give some numbers,
some factual content, to her initiatives.
I want to talk about the new spaces fund for a moment. Last July
6, there was a press release that said: “The new spaces will be created
through a $221 million investment in the childcare B.C. new spaces fund,
which replaces the child care major capital funding program.” This
program is the minister’s main vehicle to create new spaces, but
announcements to date only total about 1,600 spaces.
What about the goal of 2,700 spaces that was announced?
[11:25 a.m.]
Hon. K. Chen: Currently for our new spaces funding, we have approved 1,600
spaces. There are around 20 applications that are being processed
actively, and that’s been under review. We still have other applications
that are in the pool. We’re pretty confident with our target and that we
can continue to look at those applications and see how we can fund more
new spaces.
For the member’s information, we also have the start-up funding,
with another 1,700 licensed spaces that have been approved through our
support. We also have funding through UBCM. We have funding — new spaces
that are being created by the Ministry of Education, Ministry of
Housing. Currently, even just with our start-up funding and our new
spaces fund, you will see that around 3,300 spaces have been created
through our initiatives.
Let’s remember we only started in about June and July last year.
It’s been a really significant achievement in a few months. We’re
excited about that as we continue to process those
applications.
L. Throness: I’m curious to know how much the government has spent on the new
child care spaces fund, because she had $221 million over three years.
That’s about $73 million per year. But through the press releases that
the government has issued so far, they’ve only announced about $7½
million to create those 1,600 spaces. Could the minister explain
that?
[11:30 a.m.]
Hon. K. Chen: To clarify, the $73 million is for three years. Currently we’ve
spent $11.7 million.
L. Throness: The minister said that she was going to spend her entire budget
this fiscal year. How is that possible if they’re only spending $11
million in the new child care spaces fund in this year, when she has
$221 million to spend?
The Chair: Does the minister want to provide clarification?
[11:35 a.m.]
Hon. K. Chen: I have to say we had to spend some time to figure out the number
that the member opposite was referring to and make sure we’re all on the
same page, talking about the same numbers and same programs.
Just to kind of make it clarified, we’re only talking about the
new spaces funding. For example, for this year, the budget is $27.6
million. As I mentioned, we spent $11.7 million. Because, for example,
some of our other programs, like the start-up funding…. This is a great
example that has actually been going really well and creating licensed
child care spaces.
We’re able to make sure that we work with our budget envelope to
support that need. For example, start-up funding was doubled. We were
able to reallocate some of our funds to our new spaces to make sure we
meet that demand. That’s why.
The goal is to create new spaces. We are happy to say that we are
in progress and accelerating the creation of spaces for child
care.
L. Throness: It mystifies me, because on July 6 of last year there was a press
release that said: “The new spaces will be created through a $221
million investment in the childcare B.C. new spaces fund.” I don’t know
how the $27.6 million figure came about, but I’ll leave that for another
time.
I want to try and nail down the promise of the government. I want
to quote from the government’s own child care budget from a year ago.
The conclusion to the Child Care B.C.: Caring for Kids, Lifting Up
Families document said this: “Families can look forward to
funding for more than 24,000 new child care spaces over the next three
years.” Yet in all of its public communications, the government uses the
figure 22,000. Why is it retreating from its promise? Why is it lowering
the bar?
Hon. K. Chen: I think the member opposite is pulling different numbers from
different documents and kind of comparing them in different ways. Just
to clarify specifically that question, the 24,000 includes 22,000, which
the member sees, from our provincial government. Our provincial
government is committed to our programs, that it will create up to
22,000 spaces in three years. Then we also have federal funding that
will help to create more spaces, and that comes to the total of 24,000
spaces.
L. Throness: The opposition will hold the government to that 24,000 figure, for
sure.
In this fiscal year, which ends in just a few weeks, in her
service plan, the minister set a target of 115,000 licensed funded
spaces. This would require 7,000 to 9,000 spaces in this fiscal
year.
I want to ask about this because in the service plan, it uses the
number 108,000 as the baseline. In the performance report of that same
time period, it uses the figure of 106,000, which would suggest that
instead of having a target of 7,000 spaces this year, it should have a
target of 9,000 incremental spaces.
Could the minister confirm what the target is for this year: 7,000
or 9,000 spaces?
[11:40 a.m.]
Hon. K. Chen: I know the member has the service plan, which says clearly that in
2018-19, we’re forecasting 115,000, and then in 2019-20, we’re targeting
121,000.
L. Throness: I will assume, then, that the target for this year is to create
7,000 to 9,000 spaces.
[The bells were rung.]
The Chair: We will report out and continue after we get back after
lunch.
Hon. K. Conroy: I move that the committee rise and report progress and ask leave
to sit again.
Motion approved.
The committee rose at 11:42 a.m.
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