British Columbia Hansard — Tuesday, March 24, 1981 — Morning Sitting (32nd Parliament, 3rd Session)
32p 03s 810324a
British Columbia — Debates (Hansard)
1981 Legislative Session: 3rd Session, 32nd Parliament
HANSARD
The following electronic version is for informational purposes only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
TUESDAY, MARCH 24, 1981
Morning Sitting
[ Page
4717 ]
CONTENTS
Routine Proceedings
Committee of Supply: Ministry of Forests estimates. (Hon. Mr. Waterland)
On vote 98: minister's office –– 4717
TUESDAY, MARCH 24, 1981
The House met at 10 a.m.
Orders of the Day
The House in Committee of Supply; Mr. Davidson in the chair.
ESTIMATES: MINISTRY OF FORESTS
(continued)
On vote 98: minister's office, $160,231.
MR. LOCKSTEAD:
Yesterday it was brought to the attention of the minister that the
government had involved itself in the land transaction involving
Pacific Logging and the CPR. It is no use going through the details of
that again. But the minister, in answering the questions of my
colleague for Vancouver East (Mr. Macdonald) and the member for
Shuswap-Revelstoke (Mr. King), did say that he would table the
agreements. I was shocked to learn, Mr. Chairman, that the minister
apparently signed that agreement without a proper appraisal of the
property or timber contained thereon — fee-simple ownership to Pacific
Logging.
Last but not least, I noticed that the minister, in his reply yesterday to
the second member for Vancouver East, said there was nothing secret about the
deal. Mr. Chairman, I want it on record that that transaction was carried on
in entire secrecy. Nobody on the Sunshine Coast, nobody living in the communities in that area and none of the people involved in the industry were aware
of this transaction until it was leaked from the minister's office or from
somewhere. I'd like the minister to now tell this House if he's prepared
to table that agreement signed between himself, the Minister of Lands, Parks
and Housing (Hon. Mr. Chabot) and Pacific Logging Co. Ltd. Is the minister prepared
to table that agreement now? Is he prepared to give us some information'?
MR. MACDONALD: I yield to the minister. The minister undertook to let us see this agreement this morning, and I'm sure he will do that.
HON. MR. WATERLAND:
Yes. I have advised the House that I see no reason why the agreement
cannot be tabled in the House. Out of courtesy I think that I'm
obligated to advise the other party to the agreement and also to advise
various people who at this time are leasing parts of the land that are
presently owned by Pacific Logging Co. Ltd. Once these people have been
advised, they'll know at least as early as the general public as to
what is happening, and I'll be very happy to table the document.
MR. MACDONALD: That answer isn't satisfactory at all. This is a
government document made by the government. Why shouldn't it be tabled?
Why do you have to advise...? Why do you have to get the consent of somebody
who's leasing part of the old CPR logging lands? You don't need their
consent. It's a public transaction. You're under scrutiny now in the
Legislature. Why won't you table what you've done on behalf of the public?
You're the minister. Are you ashamed of what's happened? We want
it at the time of your estimates so we can question you about it. All the indications
are, Mr. Minister, that this is the hidden consideration for the exchange of
the CPR lands which the government acquired in False Creek and that the true
consideration includes this swap. It sounds absolutely ridiculous to me that
logged-off land around Comox — prime recreational land — was given up by the
CPR so they wouldn't have to reseed and restock it. It was of no value to
them until perhaps 40 or 50 years down the way. So they dumped that back on
the public and they say that's fine and receive an exchange of commercially
valuable timber land and the fee simple thereof, and, I suppose, the right to
subdivide the waterfront in the future and make a killing which would run
into who knows how many million dollars — $50 million or $60 million.
HON. MR. FRASER: Tell us about Grizzly Valley.
MR. MACDONALD:
Oh. you want to divert the subject matter to Grizzly Valley. That's
another story. Can I reply on that point, or would I be out of order?
MR. CHAIRMAN:
Order, please. Hon. members, the second member for Vancouver East has
the floor. We're on vote 98, the administrative responsibility of the
Ministry of Forests. If I could just ask the hon. member to address the
Chair, and other members to afford him the courtesy of being able to
speak uninterrupted. we'll proceed.
MR. MACDONALD: I just have these three matters to go into: the Marguerite, Grizzly Valley and this question of the exchange of lands to the CPR.
Mr.
Minister, as the member for Mackenzie (Mr. Lockstead) has pointed out,
you kept this matter very much in your back pocket. There was no public
announcement. You and the Minister of Lands, Parks and Housing (Hon.
Mr. Chabot), who is also a signatory to that agreement and has graced
the House with his presence this morning....
HON. MR. CHABOT: I'll take it up in my estimates.
MR. MACDONALD:
Old stonewall. Yes, wouldn't be it great, eh. Oh, boy, that'll be the
day. You could make the Minister of Industry and Small Business
Development (Hon. Mr. Phillips) look like a real forthcoming chap.
Mr.
Minister. we're asking that the agreement be tabled under your
estimates so you can be questioned about it, because I don't think you
should have affixed your signature to that exchange. I think the public
lost on it, and the CPR had you in an unbearable bargaining position
and was able to exact its price out of the people of British Columbia,
having got the original lands of Pacific Logging for nothing — for
building a railway and then discontinuing the passenger service. We
took it from the Indians, gave it to CPR, and now they exchange this
chunk of it and make a tremendous fortune.
Mr. Minister,
will you file the agreement? Secondly, will you get up in your place
and tell us just what this deal involved? How many acres for parks? Was
it the recreational land? Is it mountainous land? Had it already been
logged, and if so to what extent? Had there been any reseeding done by
Pacific Logging before the exchange took place? You have never told the
public — let alone filed the agreement — just what this exchange
involved. Will you get up now and describe it, because surely you
wouldn't set your signature to something when you didn't know how much
timber was involved.
[ Page 4718 ]
HON. MR. WATERLAND:
Mr. Chairman, if the member would refer to the Blues, I am sure he
would find that I explained yesterday basically what the agreement
involved. The member is seldom in the House, so he probably didn't hear
me; but he certainly can read the Blues — I assume he can read.
Some
of the lands which are being received by the government have been
logged and have been regenerated, others have not been logged and
contain immature timber, and all of the lands have very good
recreational value with actual recreational facilities in place. There
are some leases held by individuals right now on some of these lands,
which would have to be a part of the consideration of the value of the
land. I told the member that as a matter of courtesy to these people,
we would advise them prior to tabling the documents in the House.
The
documents provide that there will be an independent evaluation of the
lands by appraisers. If there is a difference, if the Crown lands are
of more value than the nine parcels of Pacific Logging land, then the
difference will be paid to the government. If the reverse is true, no
difference will be paid to Pacific Logging. It will go on a value
basis, evaluating all of the uses that the lands can be put to, and
using the highest possible values for both pieces of land.
is a good deal for the government. We will receive twice the acreage
that Pacific Logging will receive. There are timber values on it. The
lands are widely scattered. Those values that can be harvested in the
near future will be put into a small business program. We have a
difficult time on Vancouver Island providing sufficient timber for that
program, so the small business sector on Vancouver Island will benefit
from this trade, as will the general public in the recreational uses to
which this land can be put. The member can read the details in the
document when it is tabled. It will be tabled, once I have done the
courtesy of advising the people who hold leases.
MR. LOCKSTEAD:
I don't want to belabour one single topic, but this is becoming a great
deal more serious as we go along. First of all, the minister did say
that there was no secrecy involved in this transaction, and it was a
totally secret transaction. It is peculiar that that transaction took
place at the same time as Marathon was negotiating with the government
for property for B.C. Place. More to the point, the timber values on
this property — the minister now admits the agreement was signed
without appraisal.... I'm told there could be at least $60 million
worth of timber alone on these 5,000 acres. That's not including the $5
per foot for water frontage — the going price for waterfront in that
area at the present time. You can imagine how much 5,000 acres is worth
in real estate value on theSunshine Coast at the present time.
We're
very curious about the whole transaction. We want those documents
tabled in this House under this minister's estimates today. As the
member for Vancouver East pointed out, the minister's estimates are up
now. The minister does not have to consult with anybody else on this
transaction. Yesterday we found that the Minister of Lands, Parks and
Housing was involved. Because they couldn't utilize a
section of the
Forest Act, they had to utilize that minister's. So obviously there was
consultation prior to the negotiations taking place.
I'm not
satisfied with the answers that we have received from the minister on
this matter. It's a very serious issue. I want the minister to rise in
his place right now and tell us that he is sending out for those
documents and they will be tabled in this House today.
MR. KING: If the minister wishes to answer, I'll yield the floor, Mr. Chairman. There's the document. I presume he's going to table it.
just want to make a couple of points to the minister. He talks about a
courtesy to the parties to the contract. As a courtesy to them he is
consulting them before he'll table the documents in this House. The
minister gave a commitment yesterday to table the documents. I say what
about a courtesy to the people of British Columbia who own the
resource. What about the courtesy of open dealing so the people of this
province can understand and make some judgment on the secret deal that
the minister is consummating with Pacific Logging?
It's
ironic. We hear a great deal about public involvement in the forest
industry of the province today. I have here a press release from the
Ministry of Forests: "Public Involvement Sought for Forest Decisions.
'If British Columbia's forest resource is to remain healthy, the public
must get involved in decisions about forest use, ' said Bill Young,
British Columbia's chief forester." How on earth is the public to get
involved in decisions regarding the forests in this province if the
minister sits on secret deals that were made without the benefit of any
appraisal of the value of the forest resource on the lands being traded
off to Pacific Logging? It looks serious and it looks suspicious.
know that this government was in a bind in terms of making a public
commitment to an international association to host Transpo '86 when
they had not yet acquired the site necessary to hold the function on.
As a result of locking themselves in and committing themselves to
acquisition of that land, CPR had the whip hand. This government had to
go before them cap in hand, begging for a deal on False Creek so that
B.C. Place and Transpo '86 could go ahead. There's a dark suspicion in
the public mind that CPR and their subsidiaries exacted a tremendous
price from the people of B.C. for the clumsy bargaining posture of that
government.
The minister gets up in answer to my colleague
and he says: "Well, some of the land has been logged and some has not."
What a pathetic response from a minister of the Crown! That's insulting
to this institution. The minister should know — he's been here long
enough now — that when his estimates are before the House it is the one
time during the year, traditionally and historically in all parliaments
in the British Commonwealth, that a minister is obliged by tradition to
account precisely for the administration of the affairs of that
ministry over the past year. We don't need those bland, anemic and
foolish statements that some of it has been logged and that some of it
has not. That's obvious even to the Minister of Industry and Small
Business Development (Hon. Mr. Phillips) as he flies over it in his
government jet. He can look down and he can determine that some has
been logged and some has not.
What we want is more precise
information. We want to know how much has been logged. Has it been
clearcut? Has it been restocked? If not, what will be the cost of
restocking that land? What is the acreage involved, and what will be
the rotation period on that new crop?
All of these factors
and specifics must be weighed if the public of British Columbia is to
have an opportunity for any intelligent assessment as to whether the
deal was a good or
[ Page
4719 ]
bad one for the people of this province. His own
chief forester says, as I indicated before, that the public must be
involved in decisions about forests. The professional foresters stress
public help and involvement. The headlines — the minister commits
himself to a similar policy in a similar direction. The Sierra Club
said a short time ago in their background paper number 11: "Barriers to
public involvement and public understanding must be removed." Yesterday
I quoted a letter from the Minister of Transportation and Highways
(Hon. Mr. Fraser), who had this to say: "The time is long past of
industries and government taking action that affects the general public
without justifying the need for such action." That's a good statement
by your colleague, Mr. Minister.
We're not prepared to pay the minister's office vote, Mr. Chairman,
until he starts becoming candid, frank and open with this committee and
starts providing the public of the province with some information on
why the deal happened at all. Who requested the land swap? Was it
Pacific Logging, or did the Minister of Lands, Parks and Housing
initiate the negotiations? Was it the Minister of Forests or the
deputy? We have no information whatsoever, and as my colleague for
Mackenzie (Mr. Lockstead) has pointed out, had it not been for someone
in the Forest Service alerting the public, we would still have a
completely secret deal on our hands. Lord knows the history and
background of the Forests ministry in this province should tell the
public and the legislators that we've had enough secret deals in the
past from the Minister of Forests' office. The minister has given a
commitment. and I ask him with all sincerity and as persuasively as I
can to fulfil the commitment he gave yesterday and to table that
contract in the Legislature today so that we can study it and fulfill
our responsibilities as all opposition to make judgments as to whether
or not the public is getting a fair deal on this transaction and see
whether it should be reviewed and have any amendments made to the
proposed contract. That's not too much to ask, Mr. Chairman, if the
minister has respect for this institution and has any basic
understanding of his responsibilities as a minister of the Crown. I ask
that he table it immediately.
MR. BARRETT: Mr. Chairman. I read the Blues as the minister advised, and I quote back to the minister:
"HON. MR. WATERLAND: The agreement was signed. I can't
give the member the date. I can look it up. I don't even see any reason
why that agreement shouldn't be tabled in the House. I don't happen to
have it with me, but I'm sure there is no reason why it can't be tabled
here."
You asked us to read the Blues, through you, Mr. Chairman. We read
the Blues and we believed you. Now what has happened between yesterday
afternoon and this morning that has become a reason why you can't table
those? If you say as a courtesy you want to contact the company, just
write a little memo and hand it to your staff. Call over to the company
and say: "Do you have any objection to the people knowing what's going
on with their own property?" If the company says no, stand up in the
House and say that uou'd like to but the company has more power than
the minister. They can say whether or not documents should be tabled.
AN HON. MEMBER: Does CPR want this kept secret?
MR. BARRETT: Who's running this province, the CPR or the government
of British Columbia? I remember the brave statements of the Premier saying
that B.C. is not for sale. The CPR is to stay out of British Columbia. But here
we have a minister, Mr. Chairman, who said yesterday that he would table the
documents, and today he said that he'd have to check with the CPR. Did
you mean what you said yesterday or were you just telling the House something that
wasn’t true?
want to know from the minister, Mr. Chairman: are you prepared to table
those documents in this House this morning? Yes or no. Did you mean
what you said yesterday or were you fibbing? Yes or no. Who's running
British Columbia? Are you the minister, or is the CPR telling you what
to do? Let's have it straight. Are you going to waste any more time
with this nonsense? Fair enough. But if you're not running the show,
say so and we can get on to something else. We'll know that the CPR is
running British Columbia. You said this yesterday. You told us to read Hansard . So we read Hansard;
we read what you said. Why aren't you doing it? Why aren't you tabling
these documents? Have you got a reason? I'd like to hear it.
Mr. Chairman, the minister is struck dumb now. First of all he uses his
defence: "Read Hansard ." So we read Hansard , and he said he was going to
table the documents. He didn't see any reason why he shouldn't. So I'm
asking him: are you prepared to table those documents today, right now? Are
you prepared to answer? If you want the floor just indicate that you're
prepared to answer. Does the minister wish to answer now?
Mr. Chairman, I believe the minister was lying to the House yesterday when he said that he was going to table these documents.
MR. CHAIRMAN:
Order, please. Please be seated, hon. member. Hon. member, you have
been in this House long enough to know that that is an unparliamentary
word which under no circumstances call be tolerated by any chairman. I
would ask the member, in keeping with the parliamentary traditions
which this House must represent, to withdraw the unparliamentary term
"lying."
MR. BARRETT: Mr. Chairman, I withdraw the words "the
minister was lying." I am under the belief that the minister was not
telling the truth yesterday when he said he'd table these documents.
MR. CHAIRMAN:
Again, the hon. member has been here long enough to know that one
cannot say one way what one cannot say the other. As I asked
previously, I must ask again that the member withdraw the term that the
member was not telling the truth. In the interest of parliamentary
tradition, hon. member, I so request.
MR. BARRETT:
Mr. Chairman. I did not say that he was not telling the truth; I just
said I do not believe he was telling the truth. I'm expressing an
opinion that I hope the minister will prove wrong. I withdraw, Mr.
Chairman.
AN HON. MEMBER: You want to get thrown out. It's the only stunt you've got left
MR. BARRETT: Mr. Chairman, would you tell members that if they wish to interrupt they must do that from their own chair.
May
I, in the best of parliamentary tradition, quote back the minister's
words to himself again, when he said he sees no reason why he cannot
table the documents in the House, and
[ Page 4720 ]
humbly
ask the minister if he is prepared to back up his words. Will you be
tabling these documents in the House during your estimates? Well, could
you tell me what the signal means when you pick your nose? Does that
mean yes or no? What does it mean?
MR. CHAIRMAN: Order, please, hon. member.
MR. BARRETT: Well, Mr. Chairman, as a member of the House I don't like being treated this way.
MR. CHAIRMAN:
Notwithstanding the feelings of the member regarding the answers which
may or may not be forthcoming — over which the Chair has no control —
the reference by the hon. member to the minister is hardly one of
parliamentary leanings. Again, I would caution the member that we must,
no matter what our feelings, maintain our parliamentary decorum over
all else.
MR. BARRETT: Mr. Chairman, I withdraw the
statement that the minister was lying to the House. I withdraw the
statement that I am of the opinion he is not telling the truth. I
withdraw the statement that he's picking his nose. Now can I ask the
minister, plainly, through you: is he prepared to follow up on his
commitment to table these documents in the House during his estimates?
Yes or no. Would you like the floor to answer the question, Mr.
Minister? All you have to do, Mr. Minister, is say yes, you're prepared
to answer the question. Are you prepared to answer the question now? Do
you wish the floor, Mr. Minister? Fine, thank you.
HON. MR. WATERLAND: I see the member finally remembered that only one member at a time can have the floor and has taken his seat.
Mr.
Chairman, I rather resent the implication — which the member has
withdrawn — that I was lying to the House. I think there's only one
member that's ever been proven to have lied to this House, and that's
the member who's just taken his seat. That's a matter of record in the
courts.
MR. CHAIRMAN: Order, please. Hon. members and
hon. minister, I must ask that the minister withdraw the remark.
Clearly members of this House have an obligation to follow
parliamentary procedure — and that, as all members know, was not
parliamentary. I would ask the minister to withdraw the reference that
he just made to another hon. member.
HON. MR. WATERLAND: Mr. Chairma,. I was simply referring to the records of the House, but if the Chairman so wishes I will withdraw.
have told the member that I will be tabling the documents in the House;
I have not told him specifically when. The member does not, perhaps,
understand the meaning of the word "courtesy." I will do the other
signatory to the document the courtesy of advising him first and will
advise those people who presently hold leases with the present
landholder as well; then the documents will be tabled in the House. The
member may or may not wish to believe that — that's up to him — but
that is my intent.
MR. BARRETT: Then may I ask the minister if he is prepared to extend
the same courtesy to this House that he is to these private corporations and
individuals. Would he inform these people today that it is his intention to
table the documents during his estimates?
HON. MR. WATERLAND:
I will advise them as soon as I possibly can when they can be reached.
There are quite a number of people who presently hold leases, and they
will be advised at the earliest possible time.
MR. MACDONALD: Why? They're not parties to the agreement. What nonsense that is!
MR. CHAIRMAN: Order, please, hon. members. Until members are recognized by the Chair, it would be courteous of them to wait.
MR. BARRETT:
The minister is extending a courtesy to the leaseholders, who are not
parties to the agreement. If that indeed is the scope that he wishes to
expand it to, would the minister, in doing his duty to the people of
B.C., accept the argument that we step down from his estimates and go
on to some other estimates until we can get to these agreements in the
House? You know, Mr. Chairman, I'm not included in the group, but there
may be some citizens who suspect that the minister is going to try to
wait until his estimates are over before he tables the documents. Would
that be an undue suspicion? I ask the minister: will he make an effort
to contact those people today and table those documents during his
estimates?
HON. MR. WATERLAND: I have already
instructed my staff to contact the people involved. As soon as that is
done, the documents will be tabled. I can't say it any more plainly
than that.
MR. BARRETT: I have just learned at this
moment that there are now instructions to his staff to notify the
people. Thank you very much. Can the minister tell us how long he
thinks it will take to contact the people? A week? Two hours? Five
minutes? You don't know. Would the minister then accept the proposal
that we move on to other estimates?
HON. MR. McCLELLAND: No.
MR. BARRETT:
I thought I heard a voice before leave was even asked. You see, there
is a suspicion that you're hiding something, What I think will happen,
as I've seen this government operate, is that we will go off your
estimates, and maybe a day before the House adjourns the documents will
be tabled in the House — and you're off the hook. Now if you've nothing
to hide in this deal, then the courtesy calls could be made by phone.
The principals are, of course, the CPR. The leaseholders are irrelevant
in terms of being notified. That's just an excuse. Are the leaseholders
signatories to the agreement? They're not. There's just one call that
has to be made and that's to the CPR — to Pacific Logging. Mr.
Minister. is it correct to say that the other signatory in the
agreements is Pacific Logging, that they're the only other party to the
legal agreements?
HON. MR. WATERLAND: No.
MR. BARRETT: There are others. Could you tell me who the others are?
[ Page 4721 ]
HON. MR. WATERLAND:
I advised the House yesterday that there are three signatures on the
agreement — that of the Minister of Lands, Parks and Housing (Hon. Mr.
Chabot), that of a representative of Pacific Logging, and mine.
MR. BARRETT: To the minister's knowledge, does the Minister of Lands, Parks and Housing have any objection to the agreements being tabled?
Interjection.
MR. BARRETT:
None. That goes on record. You were on record as not being opposed to
being tabled. You're indicating that the minister is not opposed. So
there's only one person left, and that's Pacific Logging. Thank you for
the information.
MR. MACDONALD: The minister could
very easily enable the House to scrutinize the transaction in the
democratic way by standing down his vote, but he makes this very
picayune point that we need the consent of Pacific Logging to file a
public agreement. If it was the sale of a house or a commercial lease,
it would be registered in the land registry office and everybody would
see it. The suggestion of the minister that we must also consult
lessees, who presumably are leasing parcels to log on the old Pacific
Logging lands, is absurd. There's no reason why they should object to
an agreement being filed to which they were not party.
The
minister has been absolutely unhelpful in terms of describing this
transaction to the Legislature and the people of the province. We have
no idea whatsoever how much merchantable timber the CPR got, and how
much they relinquished on Vancouver Island. Do you mean to say that the
Forest Service signed an agreement prior to appraisals and didn't have
any idea how much of the merchantable timber of British Columbia they
were giving to the CPR? Roughly what do your surveys show? How many
acres were logged? How many needed to be restocked? Give us the
breakdown as you saw it when you affixed your signature to that
agreement. Give us the date of the agreement, Mr. Minister. If you
signed it completely in the dark as to the timber that was being
exchanged, you are surely guilty of dereliction of your duty as a
minister. If you do know, give us what you did know at the time of this
agreement. Send to your office if necessary.
This is
important. We're not talking about a few dollars here and there. We're
talking about a government whose record in terms of giveaways has been
far from clean, which has given 5,000 acres of fee-simple land to the
CPR. That's not a little thing we're debating here this morning. Does
the minister have no answers as to what the exchange amounted to? Quite
apart from the agreement, you should be able to stand up and say: "This
was the recreational land." You should be able to tell us, if you can,
how you evaluate that land. Frankly, I don't know how appraisers do
that. You tell us, I'd like to know what the principles are. I didn't
sign the agreement. The minister did. So did the other minister.
How do you evaluate? Suppose you get 10,000 acres of recreational
land that's now going to be park, and you trade that for merchantable
timber. That's apples and oranges. I'd like to know how you appraise
those two propositions. It may be that, insofar as the CPR was
concerned, to get rid of these lands and not have the obligation to
restock them under your forestry program and the rest of it may have
been a benefit. Maybe it's just sheer gold for them to get rid of the
Vancouver Island properties, where they had creamed the best timber. I
suppose that goes without saying.
How
do you evaluate prime recreation in terms of merchantable timber? You
go to the bank, Mr. Minister, and say, "I've got prime recreational
land," and raise a mortgage on it. Say: "I'd like to make a little bank
loan." But if you've got merchantable timber, you'll get your bank
loan. They're very different things.
Mr. Minister, I would like to know: if 5,000 acres on the Sunshine Coast was
to be granted to CPR, why didn't you put that up for competitive bidding
according to your obligation under the Forest Act not to relinquish forest lands
without giving all companies a chance to bid? The minister has given
some malarkey explanation about consolidating holdings which makes no sense.
We're dealing with Vancouver Island on the one hand, where you say the Pacific
Logging holdings were kind of split up and a little difficult to log. They've
managed to do it anyway. Presumably they have logged most of it. But they weren't
all adjacent, one to the other, to be logged in a big way, as quarters that
were all in the same place. I presume that's what you're saying. So
you said they should consolidate. To consolidate that situation, what did
you do? You took it off their hands entirely and gave them 5,000 acres that
are miles away across the strait. That's not consolidation. How can you
expect us to believe that you're living up to your obligation as Minister
of Forests when 5,000 acres disappears by fee simple to Pacific Logging with
no competitive bidding, when there may very well be other companies, be they
big companies or small loggers, who wanted to bid for that and could have given
the people of British Columbia a better price than CPR.
You're
the Minister of Forests. Through the Chair, what right have you got to
dispose of forest lands without competitive bidding? You're bound by
the Forest Act. You went outside your Ministry and got rid of these
lands as if it were a Ministry of Lands, Parks and Housing proposition.
But there is merchantable forest there. You're supposed to live up to
your act.
Mr. Minister, I'd like the date of tile agreement.
Do you have to consult big Julie to give us the date? No. Give us the
date of the agreement. What information does your department have as to
the merchantable timber that has been relinquished by Pacific Logging
on Vancouver Island and the merchantable timber they have gained on the
Sunshine Coast'? You say that's subject to final fine-tune appraisal.
Okay. But surely you knew roughly what you were doing when you signed
the agreement in such a hurry last fall. So will you give us those
figures? What did the exchange involve?
HON. MR. WATERLAND:
I'm sure the second member for Vancouver East understands what is
involved in appraisal: the value of the land; the timber on the land
and the other uses to which the land can be put form a part of the
appraisal; whether the land has been logged; whether it has immature
timber on it; whether there is regeneration on it; and whether it has
immature or mature timber on it is a part of the evaluation and goes
into the total value of the land. We are much more short of forest
land, or land that could be used by the public, on Vancouver Island
than we are on the mainland. It makes a great deal of sense to both
rationalize Pacific Logging's ability to harvest and make other lands
available for the small business sector and for recreational use. All
of these things make up a part of the evaluation.
[ Page 4722 ]
MR. MACDONALD: How much timber was relinquished? How much did they gain'?
HON. MR. WATERLAND:
Mr. Member, I've just advised you that that will be a part of the
evaluation — exactly how much timber is on the land they'll be
acquiring and on the land which they'll be turning over to the
government.
MR. MACDONALD: You had no idea when you signed the agreement.
HON. MR. WATERLAND:
Mr. Member, the evaluation determines that, and exchange of land and
moneys.... If the land Pacific Logging will receive is of greater
value, we will receive money in addition to that. If the land which we
receive is of greater value, we'll pay Pacific Logging nothing. I would
assume that the Leader of the Opposition has been talking to Bill Sloan
or someone from Pacific Logging. I have not yet contacted him. I do
think we should extend the courtesy to people who have leases and
advise them as well. The members may or may not agree with me on that.
At the earliest possible opportunity I will table that document in the
House. It is a very straightforward document.
MR. BARRETT:
I was walking down the corridor, and the Minister of Lands, Parks and
Housing (Hon. Mr. Chabot) stopped me in the corridor and said: "Have
you been talking to Pacific Logging?" Now do you think that within the
time I left here and walked down to my office and got back here — all
in ten minutes — I could achieve what the minister couldn't do — that
is, pick up the phone and call Pacific Forest Products Ltd., speak to
Mr. Sloan and say: "Mr. Sloan, do you have any objection to the
agreements being tabled?" And do you think that Mr. Sloan would say no?
If I asked Mr. Sloan, "May I quote you in the Legislature?" do you
think that Mr. Sloan would say, "By all means"? Well, if you think all
that, you're absolutely right. I walked down to my office and I spoke
to Mr. Sloan, and I said: "Do you have any objections the agreements
being tabled?" He said no. I said: "May I quote you as having said
that, Mr. Sloan?" He said: "By all means." The only person who is
ashamed and embarrassed about tabling that agreement is the minister
right over there. The leaseholders have got absolutely nothing to do
with this agreement.
Mr. Minister, I withdrew when I said
you were lying; I withdrew when I said you were picking your nose; but
I still have a private opinion that I withdrew in public here.
Mr.
Chairman, the minister has an opportunity to recover his composure and
a bit of his reputation by tabling that agreement during his estimates.
Why don't you do it? It's got nothing to do with the leaseholders, and
you know it. What are you afraid of'? Pacific Logging isn't afraid.
What are you afraid of? If you're not willing to table those agreements
in this House, then you're not worthy of being Minister of Forests in
this province. You've already nodded that your companion in this
agreement has no objection to the agreement being tabled. You said
that: you spoke for that worthy minister saying that he has no
objection. I can tell by that confident look on his face that if he
were in a position he'd be up throwing those documents right across the
floor. Timid? Frightened? I think the minister is embarrassed by the
deal. What are you hiding?
It took me five minutes to walk
down the corridor and make the phone call. Mr. Chairman, a five-minute
recess would be enough time for him to confirm the phone call and say:
"Yes, the Leader of the Opposition is correct. Mr. Sloan has no
objection, and we will hereforth table the agreements, so that the
people of British Columbia during my estimates can have an opportunity
to read through them." If the minister wishes to submit to the
opposition a complete list of leaseholders.... We'll phone those too,
if that's what you want. We don't have the staff, the battery of phones
or the PR advisers that you've got, but if you can't do the job, we'll
do it. But I think, Mr. Minister, that you have been weak, timid,
frightened and unsure about your whole handling of this agreement. My
colleague, the member from Vancouver has asked you simple questions
about how much timber there is; the member for Mackenzie has pointed
out that there are questions in his region; and the member for
Shuswap-Revelstoke has pointed out that there are unanswered questions.
Mr. Minister, are you now prepared to table those documents? Is that
the agreement in your hand, Mr. Minister?
Mr. Chairman, I
don't want to delay the House, but the minister is now consulting with
the other minister with the agreement in his hand. He's getting close
to wanting to table the document. We should give him a moment to
reflect. Do you want to table the documents now, through you, Mr.
Chairman'? Does the minister wish to table the documents now?
Are
you prepared to confirm that Mr. Sloan has said that he is willing to
have the agreement tabled? Are you prepared to do that? You said you
instructed your staff to contact Mr. Sloan, and I assumed that to be
correct. I didn't ask Mr. Sloan whether or not he's been contacted by
anybody; I wouldn't do anything as discourteous as that. But is the
minister now prepared to confirm this by having someone in his office
phone Mr. Sloan and see if what I reported to this House is correct?
Are you prepared to do that, Mr. Minister?
MR. CHAIRMAN:
Before recognizing the Minister of Forests, I must comment, hon.
members, that when a member has withdrawn a remark that is
unparliamentary, it is equally unparliamentary for that member then to
refer to the remark that he has already withdrawn. I would ask all hon.
members to keep that particular point in mind in the future.
HON. MR. WATERLAND:
Mr. Chairman, there are a number of leases outstanding on the lands
held by Pacific Logging. These people, of course, would be concerned as
to the continuity of the leases they had and there would be a great
deal of uncertainty in their minds as to whether or not the leases
would continue when, in fact, the government takes title to the land.
It is for that reason that courtesy should really be extended to advise
them that the Minister of Lands, Parks and Housing advises me that
there will be no adverse effect on the leases. For example, there are
quite a number of cabins on leasehold property, subleased or leased
from Pacific Logging. There is the Mount Arrowsmith Ski Club and
various other lessees who may be in some doubt.
However, I
have no objection to tabling the document. It's very straightforward.
and how land will be evaluated, much as I have explained to the House.
I am reluctant to table it until such time as the people have been
advised that they don't have to be concerned about the continuity of
their leases. I have just said that. I would hope that by saying that
individually they will know that has been said, rather than hearing
some press report that perhaps they would be in
[ Page 4723 ]
jeopardy.
However, if the members insist, I'm quite willing to table this
document now. I would hope that no distress is caused to the people who
presently have the leases.
[Mr. Strachan in the chair.]
HON. MR. WILLIAMS:
On a point of order, I have been listening with interest to the
discussion which has taken place with respect to this document. The
rules do not permit the tabling of documents in committee.
SOME HON. MEMBERS: By leave.
HON. MR. WILLIAMS:
Not even by leave. I am sure the opposition would like to have the
opportunity of studying the document. I'm sure the document can be
tabled when the committee rises at 12 o'clock.
MR. BARRETT:
I move that the rules of the committee be suspended by leave and leave
be granted for the minister to table the document in committee.
MR. CHAIRMAN:
Hon. members, I am not prepared to accept that motion at this time.
Could the debate continue on the minister's estimates, and I'll have an
opinion shortly.
MR. BARRETT: Mr. Chairman, to make
it easier for the Chair, I ask leave of the committee for the minister
to table the report during committee.
HON. MR. WILLIAMS:
Mr. Chairman, the Leader of the Opposition is aware that the Chairman
has declined to accept the motion at this particular time. If the
Chairman wishes the opportunity to consult with the Clerk of the
committee, I would suggest it be permitted.
MR. BARRETT:
Mr. Chairman, I appreciate the anxiety of the Attorney-General about an
attempt to interpret the rules. All I'm asking is that the Chairman put
my request of leave of the committee that the document be tabled.
MR. CHAIRMAN:
The document cannot be tabled in the committee. Leave cannot be given.
The committee is only empowered to debate the estimates of vote 98 —
the vote before us at this point. The committee cannot accept tabling
of this document. The document will be tabled when the House resumes. I
would ask that we return to the debate on vote 98, the estimates of the
Minister of Forests.
MR. BARRETT: Mr. Chairman, would
you cite what House order prohibits a committee member from asking
leave during the committee that the rules be suspended? I want to know
what House rule says that committee cannot grant leave to suspend a
rule.
MR. CHAIRMAN: We'll have a decision momentarily in response to the member's question.
When
the committee rises and reports to the House. the committee can ask
leave that a document be filed at the same time as the report is made
to the House.
The debate continues on vote 98.
MR. BARRETT:
To be correct, I asked the Chair to instruct me as to what standing
order says that a member cannot stand up in committee and ask leave
that the rules be suspended so that some action, whatever it is, can
take place.
MR. CHAIRMAN: The Chair has ruled that
the documents cannot be filed in committee, and it is not up to the
Chair to advise the House on that matter. The document can be tabled in
the House when the House resumes. I would ask all hon. members if we
could return to vote 98, which is what this committee is empowered to
debate, and debate vote 98, the estimates of the Minister of Forests.
MR. BARRETT:
Mr. Chairman. I'm not challenging the Chair. I'm asking the Chair to
refer me to what specific standing order spells out that a member in
this chamber, when the House is in committee, cannot stand up and ask
leave that the rules be suspended for the purpose of any specific
action. I'm asking what standing order of the B.C. Legislature
specifically spells out that you cannot ask for leave in a committee.
MR. CHAIRMAN: Standing order 1.
MR. BARRETT: And what
section of standing order is that, Mr. Chairman?
MR. CHAIRMAN:
The Chair finds that the committee is not empowered to do anything
except that which the House has asked the committee to do, The House
has asked the committee to debate vote 98, the estimates of the
Minister of Forests, and that is all that this committee is allowed to
proceed with at this time. I am of the opinion that there has been
adequate discussion on this point of order.
MR. BARRETT:
Mr. Chairman, I am not disputing the ruling. I'm only asking
instruction. I quote standing order 1: "In all cases not provided for
hereafter or by sessional or other orders. the usages and customs of
the House of Commons of the United Kingdom of Great Britain and
Northern Ireland as in force at the time shall be followed as far as
they may be applicable to this House." Could You tell me what rule
there is in the House of Commons of the United Kingdom of Great Britain
and Northern Ireland that states that the House rules are not
applicable to committee, and specifically that a member cannot get up
and ask leave in committee that the rules be suspended? That is all I'm
asking. I would not dispute the decision. I'm asking the reference and
the standing order of the House of Commons of Great Britain and
Northern Ireland that specifically deals with a request by a member for
leave to have the rules suspended.
MR. CHAIRMAN: Let me quote, hon. member, from B.C. Parliamentary Practice :
"In
summary, when it is desired to suspend standing orders. the motion
being substantive requires two days' notice. Such notice may be waived
by unanimous consent, but only by the House, not by the committee."
That is my citation, and on that point, hon. member, I would ask that
we return to the debate on vote 98.
MR. BARRETT: Mr.
Chairman, I ask for leave in this committee that the requirements for
substantive order generally required by the House before leave is asked
be suspended so that the agreement can be tabled in committee. There is
no citation that I am aware of that specifically states that a member,
at any time — in committee or otherwise — cannot stand up and ask for
leave that the rules be suspended.
[ Page 4724 ]
Otherwise,
Mr. Chairman, you're saying that the committee is not subject to the
standing orders of the House. This has become even more important than
the tabling of the documents. This is an impingement on the rights of
the members to stand up at any time and ask for leave. Leave may be
denied. Lord knows, that has happened on occasion in the past, but it
is my right to ask for leave.
MR. CHAIRMAN: The
committee has no power to give leave or refuse leave. The committee has
been struck by the House to debate the estimates of the Ministry of
Forests, and that is the only thing that the Chair can entertain at
this time. In the report to the House, the Chair can be asked to report
that a document be tabled, and that will be a matter of the House. The
Chair cannot consider any other debate on this matter. The only debate
that the Chair and this committee can consider is the vote that is
before us now — vote 98, the estimates of the Ministry of Forests.
MR. BARRETT:
I have no desire to hold up the business of committee, nor will I
challenge the ruling. But this House has not yet been told specifically
what standing order of this House, or practice of Great Britain or
Northern Ireland, this decision is based on. I will not challenge it,
simply because I do not want a precedent established. I would request
that upon reporting to the Speaker, this committee report to the House
that such a question arose about the granting of leave in committee. I
would ask that you request the Speaker, if I may have leave to make
such a request.... I add that caveat advisedly. If I may have leave to
make such a request I would ask that the Speaker instruct the House
what standing order or rule applies that prohibits a member from asking
leave in committee for subsequent action to be taken.
MR. CHAIRMAN: That point is well taken, hon. member. That will be the report to the House when the committee rises.
HON. MR. WILLIAMS:
I'd like you to know that I certainly support the proposition just put
by the Leader of the Opposition. I think that this matter of the
conduct of the affairs of the committee should be reviewed and that all
members should be made aware of the basis upon which the committee is
able to do the limited work which the House gives it to do, and the
constraints there are upon that.
On the issue of the
document that the Minister of Forests has placed before you, Mr.
Chairman, in order that it may also be clear on the record, I would
respectfully request that when reporting to the Speaker you advise him
that such a document has been placed before you and that leave be asked
that it be tabled at that time.
MR. CHAIRMAN: A report will be made from the committee to the House.
MR. LOCKSTEAD:
I'm pleased to see that eventually we may have a look at this document
that we've been asking for for two sittings now. I don't think that the
minister need worry about revealing this information to leaseholders.
It's my view that they'll likely be pleased to see what the heck the
government is doing to them, with them, around them, about them and
over them. Furthermore, if the minister is now tabling documents,
obviously the government would not have entered into a transaction with
the CPR or Pacific Logging without some kind of an idea of the value of
the timber and property involved. Maybe the minister would be good
enough to table any preliminary appraisals of the timber and property
value of the 5,000 acres that we're literally giving away to the CPR. I
think it's important that we know that. We want to know if we made a
good deal or a bad deal.
HON. MR. WATERLAND: I
advised the member yesterday that I don't have even preliminary
appraisals in my hands at this time. When they are completed I'd be
very happy to table them with the House or to give them directly to the
member — whatever he wishes. I'll publish them in theVancouver Province .
MR. LOCKSTEAD:
It's just utterly amazing to me that the minister and the government
would enter into any kind of transaction with anybody — in this case it
happens to be the CPR — without knowing what we're trading for. We know
what they've got. We know the values CPR placed on their properties on
Vancouver Island that they received for free some time ago. The
minister is now telling this committee that he has no idea what the
timber values are on that property that they are.... I was going to say
they were proposing to give away, but they've given it away. The
minister tells us the documents are signed. He has no idea what the
property values and timber values are — no idea whatsoever. For a
government that considers itself to be sharp and shrewd — although, of
course, that's been disproved over the last few years on every occasion
that a business transaction is entered into....
Are you
telling me that this government and that minister entered into a deal
with the CPR without any idea of what they were trading for? Of course
they did it in secret; we know that. Maybe the minister can give us
just a rough appraisal. Are the timber values worth $60 million, as has
been quoted by people in the area? Are they worth $100 million or $200
million? What's the property value up there on 5,000 acres? How much?
Ten thousand dollars an acre? Who knows?
The minister must
have some idea of what he was doing before he signed the document.
Maybe the Minister of Lands, Parks and Housing (Hon. Mr. Chabot) knows.
He's sitting just to your right. He was there a minute ago. Ask him. He
might have an idea, since it was under a
section of the Land Act that
the deal was carried on in the first place. Will the minister table any
appraisals on the timber values of that property he has?
HON. MR. WATERLAND:
I don't know if the member is losing his hearing or what. I've said a
dozen times that I don't have appraisals yet; they're being conducted
at this time. They are not in my hands, and when they are I'll be very
happy to table them or to give them to the member to do anything he
wishes with them.
The member talks about all this foreshore
land that Pacific Logging is going to receive in trade for the other
lands we have. There is very little foreshore land. When I look at the
plan I can see two small areas of waterfront, and in order to harvest
and manage a forest in that area some water access has to be provided.
The balance of the land doesn't touch the water. It's not waterfront
property. The member apparently has the same map in front of him that I
have. I think it's very clear if you look at it that there's very
little waterfront property, and that was probably included to provide
access for forest management and timber harvesting. It's difficult to
[ Page 4725 ]
harvest wood in coastal British Columbia unless you can get to the sea with it.
The
appraisals. We know the areas we are receiving. We know that they have
timber, recreational and real estate values, and there's quite a bit of
lakefront property included in the land we'll receive. I'm not about to
suggest a value for them. That's a matter for the professional
appraisers to do, and they're carrying out that work now. Perhaps they
are completed, but I have not yet got the documents. I don't have them
in my hand, and my deputy minister advises me that as far as he knows
they are not yet in the hands of the Forests ministry. When they are
the member can surely have them. Once we get through the formality of
tabling the document he can read what it says about evaluating the
lands, how this will be carried out and how differences in appraisals
will be rationalized so that a fair value can be placed on both lands
if there are differences in the appraisals done by Pacific Logging or
the government. It's very straightforward.
This land trade
provides considerable benefit to Pacific Logging in consolidating their
holdings and very considerable benefit to the government in making land
on Vancouver Island, which up until this time has been in private
ownership, available for other uses. I'm sure the people on Vancouver
Island are very pleased about having access to this land and having the
timber values there available for the small operators. Perhaps as we
learn more about the specific condition of the forest lands we can
start doing some forest management work. We could get some small
operators involved in silvicultural treatments. There are lots of
things that can happen. But I don't have the appraisal at this time.
When I do have it you'll be more than welcome to see it. I'll sit down
in my office. I'll give it to you. I'll table it in the Legislature —
whatever you wish.
MR. LOCKSTEAD: The point of this
questioning, of course, is that the government has entered into a deal
with a private party without knowing what they were dealing for and
with. This is the point I'm making. It's all very well to do appraisals
after the documents are signed. Who knows what happens or what kind of
a deal is struck then? It's like me going out and buying a used car
from one of your colleagues over there without looking at the car and
just taking his word for it. That would be pretty foolish. In effect
that is what this government has done. They have gone out and signed a
deal, completed their transaction — in this case with Pacific Logging
of CPR — not knowing what they were giving away, without any idea of
what they were doing. Was the property worth $20 million, $100 million,
$500 million? The minister doesn't know, and the deal has been signed,
completed. In my view, that's a shocking way to handle the people's
business in this province.
MR. HOWARD: Mr. Chairman,
I wonder if I could pose an uncomplicated question to the minister and
ask him whether he would be able to apprise the committee of his
reaction and response to the recent offer by Noranda of $56 a share for
MacMillan Bloedel shares. Does the minister have any views to express
about that proposal?
HON. MR. WATERLAND: Mr.
Chairman, I haven't studied the details of the offer yet, but the
procedure will be the same as is the normal procedure when a suggestion
of purchase of major control of a company in British Columbia takes
place. We have to assess the implications of it — what it means in
terms of corporate concentration, of regional monopoly. When that is
done we will be making public whether or not we think it's in the best
interests of the province of British Columbia. I haven't had a chance
to make that assessment yet. It will be done in due course, in the same
manner that all such assessments are made when proposals such as this
come forward.
MR. HOWARD: Mr. Chairman, the matter of
a controlled company is an easy one to understand. I assume the
minister is talking about the
interpretation
section of the Forest Act,
which identifies a controlled company as one where more than 50 percent
of the shares are held by one person or by a group of companies or
persons which are not dealing with each other at arm's length. That one
is easily identifiable. It's a mathematical thing. You just see how
many shares are out there, and if one person or group has more than 50
percent of them, that company is controlled. I understand that's why
B.C. Resources Investment Corporation only sought to acquire 49 percent
of the shares of MacBlo, so they wouldn't then run into any
difficulties with respect to whether or not licences, leases or timber
holdings could be denied transfer to them. We can understand the
controlled companies; that's fairly clear.
The minister
mentioned an examination made on the basis of regional monopolies. What
does he mean by that? Can he tell the House whether there is some
guideline as to what a regional monopoly is? Are there some geographic
figures that are available? Are there some figures about percentage
share ownership in companies and the like? Has an order- in-council or
regulation been passed to identify and spell out what a regional
monopoly is, so that the committee will have some understanding that
what the minister is saying will be examined with respect to this
attempt or offer by Noranda?
HON. MR. WATERLAND: Mr.
Chairman, spelling out in detail what is meant by.... I don't believe I
used the word monopoly. I'm thinking of regional domination or undue
regional control in the hands of one company or communities in an area.
It's a difficult thing to lay down in black and white. To a great
extent value judgments have to be considered.
The effective
control and the beneficial control of a company are two different
things. The Forest Act, in its definition of control, uses beneficial
control as being over 50 percent. Of course we know that effective
control can be acquired at a much lesser percentage of a widely held
company. These are all factors that we have to judge in deciding
whether or not it's in the best interests of the province. Of course we
have to consider the interests of the shareholders of the companies
involved as well.
People who own MacMillan Bloedel shares
now are offered, I believe, the equivalent of about $56 a share — some
in shares of Noranda and some in cash. The interests of the
shareholders also have to be considered. So there are many factors that
have to be judged, and it's very difficult to have a very hard and
fast, spelled-out policy with numbers and percentages, because it
depends on the nature of the company and how it's dispersed within the
province. The only hard and fast number we have is the control of
percentages of the allowable cut.
We have said that the present level of control that MacMillan Bloedel has is the upper limit that we would like to
[ Page 4726 ]
see,
so that's the only hard and fast number. The balance is largely in our
judgment as government and in the best interest of the province of
British Columbia and the use of the forest resource.
MR. HOWARD:
Mr. Chairman, the minister's answer, as far as the forest industry is
concerned, I think leaves them perpetually in some doubt — with the
exception of not being in doubt about what is a controlled company,
namely beneficial ownership of 50 percent or more than 50 percent of
the shares. Apart from that, the forest industry is obviously
completely in the dark as to what the intentions of government might be
with respect to undue regional control, monopoly, domination or
whatever other euphemism the minister unduly may develop to deal with
ownership control of the forest industry. It seems to me to make much
more sense for there to be some public guidelines, whether those public
guidelines relate to allowable annual cut, area, corporate ownership or
interlocking directorships or whatever. I think, Mr. Chairman, by doing
this the minister is really expressing that he, his ministry and his
government haven't got the foggiest idea what they want to do or want
to see happen in the forest industry.
We had that spectacle
a few years back where Canadian Pacific wanted to buy some shares in
MacMillan Bloedel. The Premier, seeing that there was a political ploy,
developed the phrase, "B.C. is not for sale, " on no other basis than
to take political advantage of a situation. We now have the spectacle
of the government having expressed the opinion that if Can-Cel acquired
MacMillan Bloedel, it would be undue concentration and that wouldn't be
good. But if BCRIC acquired MacMillan Bloedel to the extent of 49
percent, presumably that would be all right.
AN HON. MEMBER: What if Noranda acquires it?
MR. HOWARD:
And maybe even if Noranda acquired it nobody knows. The only clear
thing is that the CPR can't acquire it. One can't continue, I submit,
to run along on an ad hoc basis leaping from week to week trying to
assess each individual situation as it arises and say: "Well, we've got
no guidelines, no rules, no clear knowledge of what it is we want to
see happen, but we'll look at each situation and make a decision at
that time about that situation and determine whether or not that
constitutes something called undue regional control or regional
monopoly or whatever."
In the area from Terrace through to
and including Hazelton there is a regional domination in the forest
industry. One company, Can-Cel, has got everything. There wasn't any
concern expressed by the minister about undue regional monopoly,
control or domination, but it in fact exists. Maybe the region doesn't
suit the criterion of the minister; maybe his concept of region is
larger than that. But until he's come up with some idea and told the
general public and the industry what these guidelines are, everybody in
the forest industry i's going to operate on the basis of one simple
fact only: that they hope whatever they do satisfies the political
sense of the minister at any given time. That's a damned poor way to
try to run the affairs of this province, but that's what the minister
is saying. "Let's have a look at what the politics are, and we'll make
the decision on that basis" — the same way as the decision,
politically, was made on a political basis about the CPR, or Canadian
Pacific Investments, trying to buy into Mac-Blo. It was a political
decision for political purposes advanced at that time with the hope
that it would paint the Premier as a person who is the defender of
British Columbia rights. Maybe the same thing will happen with Noranda.
Maybe the Premier will decide we've got to go the same route, and we'll
tell Noranda, "No, you can't buy Mac-Blo, because B.C. is not for sale,
" or some other catchphrase. All that does is tend to destroy any sort
of clear understanding of what is expected of the forest industry in
terms of ownership.
I think those fancy phrases, whatever
they are, that the ministers talk about — regional monopoly, undue
regional control or regional domination — are just so much froth and
foam. They don't mean a damned thing, because regional control exists
in some regions, and I identify the Terrace-Hazelton area. There is
regional domination by one company — a monopoly. Is that what the
minister says is not a good thing'? If so, why didn't he stop Can-Cel
from buying out Abitibi's holdings in Terrace'? Why didn't he stop
Can-Cel from buying out Rim Forest Products in Hazelton if he was
concerned about undue regional domination or control'?
MR. BARBER:
I'd be happy to yield to the minister if he would care to reply at this
time to the questions raised by my colleague from Skeena (Mr. Howard).
not, I have a few questions about the extent to which the minister has
applied the same standards to the British Columbia Resources Investment
Corporation's proposed purchase of a 49 percent total interest in
MacMillan Bloedel as he has indicated he has intended to apply to any
other private purchaser. I wrote down and noted fairly carefully —
correct me if I'm wrong — that the minister indicated, in regard to the
proposed Noranda purchase of Mac-Blo at $56 a share, as compared with
that proposed by BCRIC at $46 a share, that "the normal procedures
would apply" and that the government would "assess the implications,"
which he then went on to identify as being issues of "corporate
concentration and regional monopoly." I wonder if the minister could
disclose to the committee what study has been made by his ministry of
the proposed BCRIC takeover of MacMillan Bloedel, were that to be
accepted by the shareholders of MacMillan Bloedel.
I am aware that this morning in the Times-Colonist and the Vancouver Province , and presumably this afternoon in the Vancouver Sun ,
a major advertisement published by the board of directors of MacMillan
Bloedel advises its shareholders to refuse the offer by BCRIC. I'm well
aware it's not a fait accompli. They may make the same advice available
in regard to Noranda's intended purchase. Nonetheless, the issue
remains, and the question is this: has the minister made any serious
study at all on the basis of the criteria, which he himself outlined,
to assess the implications in regard to corporate concentration and
regional monopoly of BCRIC's proposed takeover of MacMillan Bloedel?
The minister may reply that 49 percent ownership is not control. If so,
I would remind the minister that he himself said in reply to another
question that often in a widely held company — MacMillan Bloedel
certainly qualifies as that — you can exercise effective control with
far less than majority ownership of the equity interest and the shares.
Indeed, it's been frequently argued that Canadian Pacific Investments,
for all practical purposes, has controlled MacMillan Bloedel with less
than 20 percent interest for some six or eight years now. Nonetheless,
the concern we have is whether or not the government has applied the
same tests and standards to the British Columbia Resources Investment
Corporation, and has made the
[ Page 4727 ]
same inquiries that it would make in regard to any other corporation in the private market.
Let
me anticipate another concern that the minister may raise. I suppose he
might argue that BCRIC is a company like no other, and therefore the
rules shouldn't apply to BCRIC. He may argue that BCRIC is so widely
held by the people of British Columbia that you shouldn't consider it a
corporation like any other. Therefore the concerns raised on the issues
of corporate concentration and regional monopoly — the words used
precisely by the minister this morning — are themselves not valid.
Well,
I argue strongly that that's not so. I argue as strongly as I can that
if you're going to apply any rules at all and require of any
corporation that they meet tests of corporate concentration and
regional monopoly in the forest industry, those rules must adamantly be
made to apply to BCRIC. Because, you see, we have the word of the
Premier, for what it's worth, that BCRIC is simply now another private
corporation, owned by members of the general public, operating in the
public marketplace. If that's true, if the Premier is to be believed,
if we're to take him at his word that BCRIC is in fact a corporation
like all the others, managed by its shareholders and the board of
directors which they elect to represent them, then the minister cannot
make a competent reply that BCRIC should not be treated like any other
corporation when it makes a bid to take over, in this case, a clearly
controlling interest in MacMillan Bloedel, the largest integrated
forest company in British Columbia.
Therefore I ask the
minister if he would be prepared to disclose to the committee the
results of the inquiries that we presume he has made into BCRIC's
proposed takeover of Mac-Blo. In particular, could the minister inform
the committee whether or not he has uncovered and is prepared to reveal
any concerns within his ministry on the issues of regional monopoly and
corporate concentration? If BCRIC takes over Mac-Blo, what position
does that give BCRIC within the possible markets overseas and within
the general framework of the current forest enterprise in British
Columbia? How large a company, as a forest-operating organization, does
BCRIC become? How many licences would be affected if BCRIC won
ownership of Mac-Blo, and might be affected deleteriously in the
opinion of the minister concerned about, as he says, issues of regional
monopolization and corporate concentration?
If the minister
is unable to answer these questions, we can only presume two things:
one is neglect of duty, and the other is a double standard. Neither of
those is an acceptable reply If you have a report on the proposed
takeover of BCRIC by Mac-Blo, will you disclose that report to this
committee at the appropriate time? Will you release it to the general
public as soon as possible? Will you let us know whether or not BCRIC
has met the tests and standards which you yourself this morning have
said you will apply in the field of regional monopoly and corporate
concentration — the normal procedure that you said Noranda will now be
subject to, and that we presume BCRIC has already been subjected to
within the framework of the policy you've been outlining? If you can do
that, well and good. We'd like to see that report as soon as possible.
I imagine that the shareholders of MacMillan Bloedel would also like to
see it as soon as possible. We certainly would. I call upon you to
disclose that this morning, to table at the appropriate moment the
report that we presume you've already conducted, or if it's still being
conducted, to tell us what stage it has reached, what progress has been
achieved thus far.
But if the minister says that that's not
available because it hasn't been done, then we have to point out that
two things have occurred. First, there is a transparent neglect of duty
on the part of a minister who should be willing to examine the
implications of any takeover of MacMillan Bloedel by any corporation,
including BCRIC. Secondly. there is the possibility that this
government applies a double standard, that BCRIC is not be be treated
like all the other corporations, and that just because BCRIC proposes
to take a monopoly interest in MacMillan Bloedel — and thereby, it
would seem, in the whole of the forest industry in this province — it
is nothing we should worry our little legislative heads over.
We think these are legitimate questions. I hope the minister is prepared to answer them at this time.
MR. CHAIRMAN:
For the benefit of the record, in deference to standing order 36, I
might point out that because of a technical difficulty the Chair
allowed the member to stand in another member's place. I just wanted to
have that on the record, hon. member.
HON. MR. WATERLAND:
Mr. Chairman. the ministry has the statistics available. They're
available to anyone who wishes to seek thenm — as to the levels of cut
that are held by various companies and the levels of cut they hold in
various forest regions. There is an unlimited number of combinations of
possibilities of company acquisitions. dispositions and so on that
could take place. I don't have a report as such at this time about the
possibility of BCRIC acquiring 49 percent, or whatever it is, of
M&B. These numbers can be put together. If the member so wishes, I
can have the specific combination as to what that would mean put
together for him and I can give it to him.
The same thing
can be done for Noranda's recent offer — the other holdings of Noranda
through Northwood Properties Ltd. and their interest in B.C. Forest
Products. What percentage interest do they have? What does that
interest mean in terms of control? We can give you the numbers. They're
very easily developed. You can interpret them as you wish. Those
numbers can be made available. I don't have them at this time; I don't
even have them in the form of a single report. But the strategic
studies branch of the ministry is assembling this information, and it's
public information.
MR. BARBER: I thank the minister
for his willingness to disclose the numbers. I appreciate that and will
in due course call upon him to do so. What I was wondering is whether
or not you're prepared to disclose your conclusions. You correctly
observe that anyone can interpret numbers his way. What we're asking
for is your
interpretation. Is BCRIC's proposed takeover of Mac-Blo
acceptable to you within the framework of the policy you yourself have
enunciated concerning corporate concentration and regional monopoly? We
appreciate the offer of the numbers. We'll take you up on it in due
time. What we'd like now is your policy, your version, your
interpretation, your notion of whether or not it is an appropriate
thing for BCRIC to control Mac-Blo.
HON. MR. WATERLAND:
Mr. Chairman, I pointed out the other day that the general policy is
that we don't wish to see companies acquire more control over timber
rights than MacMillan Bloedel has now. That's in the order of 11 or 12
percent of Crown timber plus tree-farm licence lands. In addition. they
have private timber rights, which brings them
[ Page 4728 ]
to about 14 percent of the total provincial allowable cut, including
private lands. We've also said — and I said in the House the other day
— that we would allow BCRIC to grow larger than that if BCRIC were to
acquire control of MacMillan Bloedel. That is, if you took not just the
beneficial interest, but the total cut that MacMillan Bloedel has plus
the total cut that BCRIC has through Can-Cel, Kootenay Forest Products
Ltd. and others, that would amount to something in the order of 18 to
20 percent. I believe that I have said — if not, I'll say it now — that
that would be acceptable.
However, there is also an upper
limit to which BCRIC should go. That is not a clearly defined line yet,
but I would think that it should not grow much beyond that, if at all
beyond that, because you're getting quite a bit of total provincial
concentration in one company. You then have to look at the regional
problems, because BCRIC does operate in several regions in which they
are quite large — the northwest, the Kootenays. Then if you combine
MacMillan Bloedel with that the regional concentration doesn't change,
because the two companies aren't really operating in the same areas.
The total provincial picture is what we look at in that respect.
MR. BARBER:
If I understand the minister correctly, he's indicated that were BCRIC
to take over MacMillan Bloedel, with MacMillan Bloedel currently
occupying roughly 14 or 15 percent of the market — putting it crudely
and using figures which I realize are approximate — and given that
BCRIC currently has control of Can-Cel, Kootenay Forest Products,
Plateau Mills and a couple of other minor holdings, that would take
that new enterprise, if it were accepted by the MacMillan Bloedel
shareholders, to roughly a 20 percent position in the forest industry
in B.C. Do I understand the minister correctly? Yes, he agrees. That's
a fifth of the whole market. That's a fifth of the future. It strikes
me, for what it's worth, that that is itself too much.
I for
one hold that the stronger the forests industry will become depends
largely on the extent to which it can be diversified into smaller and
more efficient holdings. I've seen in studies, I've met with foresters
and I've been told in private meetings — and I have no reason to doubt
the veracity of it — that, man per man, Sooke Forest Products from
Victoria is more efficient than is MacMillan Bloedel. There may be
particular conditions of work and there may be particular historical
circumstances that justify that, but I think it can also be argued —
and not just by Hershell Smith at Sooke, but by lots of other people in
the industry too — that in a certain way, for clear and arguably sound
reasons, smaller enterprises are often more cost-conscious, more
concerned generally about problems of delivery and service, and more
urgently required to maintain a good reputation with suppliers and to
maintain as well a good relationship with their employees. I think it
can be fairly argued that there is much data across the province to
suggest that smaller, well disciplined, well-run logging companies are
simply more efficient, more effective and more prudent in their use of
the forest resources of this province.
I'm not persuaded
that by allowing BCRIC to take over one-fifth of the whole show, we're
going to be guaranteed any such efficiency, prudence or caution in
regard to the best and the highest possible use of the forest resource
in B.C. I'm concerned about that. The minister says that at the moment
20 percent is the limit. Well, it may be that with a new minister, if
BCRIC's proposal to take over Mac-Blo were accepted, it would become 25
or 30 percent.
You know, there are people in the forest
industry of British Columbia, Mr. Chairman, who are desperately
concerned that BCRIC might try to take over all of it. One of the
reasons why BCRIC has, to say the least, a not entirely good reputation
with industrialists in this province is that those industrialists are
terrified that, by virtue of BCRIC's considerable holdings and assets,
it is in a position to take over virtually any private enterprise it
wishes to in this province. The minister well knows, I'm sure — he no
doubt has met with the very same industrialists that the official
opposition has met with — that that's one of the gravest concerns faced
by business in this province. As Mr. Knudsen put it at a press
conference last week, it's like being embraced by a large bear when you
talk about being embraced by the loving charms of the British Columbia
Resources Investment Corporation. I'm not sure it's in the best
interests of a healthy forest industry. I'm not sure that it guarantees
efficiency, the best and the highest use of the forest and fibre
resource, to allow BCRIC to become even that large.
It could
be observed that as far as the stock-market is concerned BCRIC is a
flop. BCRIC shares were valued at $11.75 when it started. The Premier
artificially lowered them to $6. They hit $5.25 a few days ago. They
were at 51/8 yesterday. I don't know what they are trading at today. At
the moment, as far as the stock-market tests these things, BCRIC is a
bit of a flop. One of the reasons it is a bit of a flop is the reason I
am concerned about its proposed takeover of MacBlo. BCRIC has not been
perceived to be well run or well managed. The deal with Kaiser
Resources was presumed to have been a very foolish deal, and is widely
perceived by people within the stock-market industry and within trading
industries generally across this province to have been an ill-advised,
ill-conceived and most certainly ill-managed proposal.
BCRIC is able to see its own shares start at $11.75, reduced to $6 and
tumble to $5.25 — have all of that happen in a political atmosphere
which saw BCRIC off to a splendid start and saw BCRIC make the largest
single share sale in the history of Canadian enterprise — if BCRIC has
been able to mismanage all of that, how much better can we expect BCRIC
to do with Mac-Blo? If BCRIC was able to botch the deal to take over
Kaiser Resources and create a great deal of public concern; if BCRIC's
relationship with the industrial community of British Columbia is as
I've portrayed it — and I think it is one of fear on the part of that
industrial community that they might be taken over by this monolith;
and if BCRIC shares continue to trade far below the paper value stated
when the four commercial houses said two and a half years ago that the
paper value should be minimally $11.75, based on the assets that were
conveyed to it — having been established and added to by the New
Democrat administration; if BCRIC has been able to achieve all of those
poor things, what kind of performance might we expect from BCRIC if
they were allowed to take over Mac-Blo?
The policy argument
that I want to leave with the minister is this. Small can be very
successful, very efficient, have good labour management relations and
can often use the forest resource in a more prudent and conservative
way than any large company can ever do. If all of those figures and
cases favouring small enterprise are legitimate and valid — and I think
they just might be — then it seems to me BCRIC has got to be able to
make a far stronger case than it has so far that it is entitled to a
one-fifth control of the forest industry of this province. I'm not
persuaded that a company as big as
[ Page 4729 ]
BCRIC
is competent to manage as precisely and ably as the forest resource has
to be managed. We don't have any evidence of it so far. Look at the
Kaiser deal — the problems with its shareholding, what happened to poor
Mr. Helliwell and all the rest of it. I don't think that big
necessarily means better in this case, and we'd like to hear a far
stronger argument from BCRIC management, and thereby from this
government, as to why BCRIC should be allowed to assume a 20 percent
interest in the forest industry of this province if its Mac-Blo
proposal goes ahead.
There's a lot to be said for the Sooke
Forest Products companies of this world; they're small, efficient,
tough, and have good labour relations. They fight like hell in the
marketplace, and they succeed. I think one of the reasons they succeed
is because they're small. They're small, they're accountable and you
can see what they're up to. The shareholders are absolutely satisfied,
and the workers like it too. By the way, Sooke Forest Products has also
experimented with a number of forms of worker participation and
industrial democracy within the plant itself. Apparently that's another
reason for the greater efficiency per man-hour of Sooke Forest Products
employees as compared with some of the larger companies. But that's a
separate issue for another time.
The policy I would argue to
the minister is this: if you think BCRIC is entitled to manage and
control one-fifth of the forest industry of this province, we'd like to
hear a darned strong argument as to how able BCRIC is in fact to meet
that promise and those obligations. On the basis of the poor track
record of BCRIC so far, we're not persuaded that it is so entitled, and
it might be better to leave well enough alone as it is today.
MR. HOWARD:
I wanted to follow along on what the first member for Victoria and the
minister had to say about control of timber-cutting rights and the 20
percent figure, which seems to be acceptable as a figure. Could the
minister advise us — because I understand Noranda officials spoke
either with him or departmental officials, although that understanding
may have been improperly given to me — whether they discussed this
matter earlier with the department? Therefore the department and
certainly the minister would have known that Noranda was interested,
especially since Calvert Knudsen of MacMillan Bloedel and the board of
directors kept telling the investment community that $46 was not
enough, that it didn't truly reflect the value of MacMillan Bloedel,
that they were in fact asking for other offers and they were bound to
get them on that basis.
If the minister had this prior
knowledge that Noranda was interested in acquiring MacMillan Bloedel,
can he tell us, using the same references and percentage figures of
cut, what it would mean if, for argument's sake, Noranda acquired the
49 percent of MacMillan Bloedel? Add that on top of what Noranda now
controls or participates in in timber cutting rights in B.C. through
B.C. Forest Products, which is one of Canada's largest integrated
forest products companies, as well as through Northwood Pulp and Paper,
which have cutting rights and a mill in the Prince George area.
Northwood has a pulp harvesting licence covering something in the
neighbourhood of 2.5 million acres. I wonder if the minister could give
us what knowledge he has about the percentage ownership of those
companies and so on, so at this point we'll be able to assess,
superficially in any event, whether Noranda would fit within that 20
percent limit that the minister seems to think is okay. Could the
minister provide the committee with that information now?
HON. MR. WATERLAND:
I've already answered that question. I don't know what the specifics
are, because I've only now received the proposal. Noranda, in making
their offer, have indicated that they would dispose of certain other
assets — various things that they would do. Those numbers are being
researched in an attempt to draw them together. They're not available
at this time. Noranda have discussed with me their intent to do this,
and in order to get the numbers regarding other companies' positions,
they have discussed this with my staff. They did that prior to making
their offer. I don't have the answers yet. They're being developed now.
The
first member for Victoria (Mr. Barber) doesn't agree that BCRIC can
effectively manage its assets. He says that it's too big and that it
shouldn't get any larger. He says that the Kaiser purchase was a bad
deal. He says that the value of the shares, when originally stated,
were at around $11 and subsequently went down to about $6. I think the
member knows what transpired when BCRIC shares were issued. If an
unlimited number of shares had been sold, the value would have been at
$6, because that was the purchase price of them. The book value of the
company was diluted by the increasing number of shares that were
issued. The member understands that. The value of trading on the market
does not reflect the worth of the company, especially when members such
as the first member for Victoria continue to try to do their level best
to state to the public that it's a bad investment, The public begin to
believe that, and he depreciates the value to shareholders. I don't
think that's a wise thing for him or any other member to do.
That
member talks about the concentration of the forest sector into one
company. Strange that he should speak that way, because the Minister of
Lands, Forests and Water Resources under the previous government had as
his objective, which was very apparent to everyone, the eventual
takeover of the entire industry into a government operation, and he was
working in that direction. The member knows that. He becomes somewhat
embarrassed when I say that and begins to wail his head around and make
noises as do these members.
MR. KING: That's completely false.
HON. MR. WATERLAND:
See how nervous they get when I begin to talk about their socialistic
aspirations when they were in government? Is it any wonder that
investment in the industry stopped and that the plants and machinery of
the forest industry began to run down. No one knew when they were going
to be the next to be taken over by the socialists.
The
purchase of Kaiser Resources by BCRIC has put that company in the
position of having control of the largest coal-producing company in
this country, or North America for that matter. They have tremendous
assets in energy resources. They're currently planning and working
toward the construction of another mine. That company is a tremendous
asset for BCRIC. Kaiser has been a well-run company, and I can only
conclude it will continue to be, because the same managers are involved
with the company now as before. BCRIC is a widely held company with a
tremendous resource base in the province. It's a great asset for the
shareholders of BCRIC to have, and I feel very confident that the real
value of those shares will be demonstrated in the marketplace in the
not too distant future, in spite of the efforts of the members opposite
to depreciate it in the eyes of the investing public.
[ Page 4730 ]
MR. BARBER:
The minister misrepresents the case on two counts. He would have us
believe that the reason BCRIC shares have tumbled to less than half
their book value is that the market decreed it. That's complete
nonsense: the Premier decreed it. The book value of BCRIC shares was
set at $11.75 by four different investment houses, who examined the
worth of the assets that were transferred to BCRIC, having been taken
over and enhanced by the New Democrat administration. For political
purposes the Premier artificially lowered the value of the shares to
$6, and then the shares were sold. For the minister to try to misstate
and misrepresent the case in that way is unconscionable. The market did
not lower the value of the shares; the Premier did. The book value was
$11.75, and the Premier said he would sell them at $6. Well, fair
enough: he did that for political purposes, and he got re-elected —
that's how it works sometimes in this province. But the minister has no
right at all to misrepresent the facts of the case in regard to the
value of BCRIC shares and why they went from $11.75 to $6. To say that
it was because the shares were so widely sold and therefore diluted in
individual value is completely wrong. The minister should know better,
or at the very least he should know enough to keep his mouth shut, if
he doesn't know what he's talking about in the first place.
But
the second issue misrepresented by the minister is the false claim that
it was the policy of our administration and of its Forests minister to
nationalize the whole of the forest industry in B.C. That is false. It
is, however, on the same level of the equally false claim of the now
Deputy Premier (Hon. Mrs. McCarthy) that we had established a secret
police force in B.C. It has at least as much going for it as that
preposterous piece of fiction did, but it has no more going for it than
that.
The minister has no right to misrepresent what
actually happened when the BCRIC shares went from $11.75 to $6. It is
certainly a matter of
interpretation as to why they've fallen from $6
to $5.25. That's fair enough: there may or may not be good reasons for
that. I would argue that one of the most important reasons for that is
the clear, definable, provable public perception that the Kaiser deal
was mishandled, that far too much was paid for those shares and that
certain individuals profited in a wrongful way. That's one of the
reasons. It's got nothing to do with the value of the coal in the
ground or the company itself. It's got a great deal to do with the way
in which BCRIC has been managed. The competence and the quality of
management of any corporation will inevitably be reflected in the
trading value of its shares on the VSE or the TSE or NYSE or anywhere
else you care to look. The perception is that BCRIC is not well managed.
know that the assets that were obtained or created by the New
Democratic Party and transferred to BCRIC — CanCel, Kootenay Forest
Products, Plateau Mills, the holdings in B.C. Tel — were worth a lot of
money. We know it because we created it that way and we managed it
well, and we're proud of that achievement. We're well aware that those
things are worth a lot of money, and they stand as blue-chip assets in
BCRIC's own portfolio.
We're also well aware that the value
of coal in the ground at Elkford and Sparwood — the coal in the
southeast developments of this province — is significant, but that's
not the case we're putting, and for the minister to claim otherwise is
to claim a false thing.
We say the reason BCRIC shares are
trading so poorly is not because the opposition has the nerve to point
out the obvious. We say they're trading poorly because the financial
industry in this province has lost confidence in your government and is
advising people not to buy the shares because of the debt equity
relationships that BCRIC currently suffers under.
Interjection.
MR. BARBER:
Then stand up and speak for the stockbroking companies if you will and
tell us how they are touting BCRIC shares currently. You'll be lucky to
find one stockbroker that's doing that.
MR. CHAIRMAN:
Order, please, hon. member. If we continue to address the Chair and
side comments are kept to a minimum, we'll accomplish our goals.
MR. BARBER:
I accept your advice, Mr. Chairman, and I conclude with this advice to
the minister. If you expect us to endorse BCRIC's takeover of Mac-Blo
you'd better be able to demonstrate to us that BCRIC is well managed,
that its decisions are well taken and that the worth of those decisions
and that management is reflected by the stock-market itself in this
province. It's a bit much, even for that paranoid minister, to claim
that the stock-market is a commie front doing the bidding of the NDP
and therefore bad-mouthing the value of BCRIC shares for political
purposes.
I don't own any shares in anything except one
share in Westcoast Savings. I'm in no position to influence the
stockmarket. I don't know what the minister's personal holdings are —
they're probably greater than mine — but I do know the stock-market
itself has its own expectations, its own standards and its own point of
view. The current point of view, expectations and standards of the
Vancouver Stock Exchange hold that it is worth about $5.50 a share,
period. Not the $11.75 it started at, not the $6 the Premier
artificially devalued it to, but $5.50, and it's been trading there for
weeks and weeks. It'll likely stay there for some time as well. It may
briefly go up to $6.50, $6.65 — no more than that — if it manages to
take over Mac-Blo, but it will go back down again. To say that the NDP
somehow controls....
Interjection.
MR. BARBER: I know how the stock-market works, and I know how you worked when you falsified the record regarding the Princess Marguerite .
MR. CHAIRMAN:
Order, please, hon. member. Again, to impute any improper motive to a
minister of the Crown is most unparliamentary. I would ask the member
to withdraw the word "falsify." Would the member withdraw the remark'?
MR. BARBER: I always withdraw any remark the Chair asks me to withdraw.
The
minister's motives were no doubt not impugnable at all. They were
typical Socred motives to try to discredit — in this case wrongly — the
vessel Princess Marguerite , but that's another issue for another time.
MR. CHAIRMAN:
I would ask the Minister of Industry and Small Business Development
(Hon. Mr. Phillips) to come to order and, secondly, I would ask the
first member for Victoria to return to vote 98.
[ Page 4731 ]
MR. BARBER:
The concern we're raising is whether or not BCRIC is entitled to take a
20 percent stake in the forest industry in this province. We hold that
unless the government can demonstrate that BCRIC is better run by its
management and better respected by the stock-market than it is today,
it has no right to obtain such an enormous position in the forest
industry of British Columbia.
Interjections.
MR. CHAIRMAN:
Order, please. I will again ask the members to come to order. The
member for Shuswap-Revelstoke is the only member who has the floor.
MR. KING: Thank You, Mr. Chairman. I'm the only member in order. That's a customary position for me, Mr. Chairman.
I'm
rather intrigued by some of the answers the minister gave to my
colleagues. He talked about the undesirability of corporate
concentration, either on a regional basis or presumably a provincial
basis.
Interjections.
MR. KING: Mr.
Chairman, the minister of clearcut is interrupting me again. I don't
think there's been an adequate program of regeneration there. Perhaps
he wants to get involved in the forest estimates here, and I can't seem
to subdue the gentleman.
I was intrigued by the minister
indicating that there is a double standard in terms of his government's
policy of preventing what he refers to as undue corporate
concentration. He indicated previously that BCRIC is exempt from this
program. He further clarified that a bit this morning by pointing out
that BCRIC will be subject to some limitations also.
Whereas the
limitation for other companies is about 14 percent, by using MacMillan
Bloedel as the model, BCRIC would be entitled to acquire a higher
degree of concentration, presumably through acquisition of other
companies — private purchases — of up to 20 percent. I'd like to hear
something from the minister about precisely what his reasoning is. What
is it about BCRIC that allows it this special status? Has the minister
done my analysis of the share control and ownership within the British
Columbia Resources Investment Corporation? What degree of BCRIC's share
ownership and control resides outside the province of British Columbia?
Why is BCRIC so special that it should be treated differently than
Noranda, for instance?
I'm not going to give dignity to the
minister's statement that the previous NDP Minister of Forests sought
to take over and nationalize the total forest industry in the province
of British Columbia. That's patently false. In fact, there was no
nationalization whatsoever but the purchase on the open market of the
very companies that this government has placed under the control of
BCRIC. That's a matter of record, and the minister should know that.
One of the things that intrigues me is that this minister and his
colleagues have criticized the NDP over the years and suggested that we
might in some way manipulate the private corporations so that their
shares would go down and that we would then be in a position to capture
them. What is the effect of this government's policy with respect to
MacMillan Bloedel? There was an offer made by BCRIC — S46 a share.
MacMillan Bloedel's chief executive officer, Mr. Knudsen, indicated
that in his view that was too low. I think that when he did so he
indicated that other offers would be looked at — he at least implied
that, I should say. That has now occurred, apparently. Noranda has made
an offer, but because of this government's policy MacMillan Bloedel is
apparently not going to be allowed to consider the higher offer from
Noranda because Noranda does not fit the optimum size role which this
government has set out with respect to concentration of ownership in
the forest resource. Now I want the minister to explain to the
committee what effect he thinks that will have on the value of
MacMillan Bloedel shares. Does this government believe in free
enterprise at all anymore? They call themselves free enterprisers and
say they are adhering to the market, Mr. Chairman, but here they arc
intervening between competitive bidding for the shares of a private
company in the province of British Columbia. They're saying: "According
to some secret formula or to some hidden criteria we are going to give
preference to BCRIC. We are going to ensure through this vehicle that
there is no competition." As a consequence, the value of MacMillan
Bloedel shares is going to be depressed. Isn't that the natural
consequence of the policy that the minister has enunciated here? I
think it is. If I'm wrong, I'd be very happy to hear from the minister.
I haven't taken my seat yet, Mr. Minister,
but since the minister is anxious to respond fully and frankly, I would
be most interested in hearing his response.
HON. MR. WATERLAND:
Mr. Chairman. the member has said that I said Noranda would not be
allowed to succeed in their offer for a purchase of a major interest in
MacMillan Bloedel. I have not said that. and I think it's unwise of you
to let that impression be created in any way to be felt throughout this
province or throughout Canada. I have not said that. What I said — and
the member may or may not have been listening — is that we would have
to assess what effect the Noranda offer would have on corporate size
and regional domination in the province. We have not said that they
will not be allowed to do it. A judgment has not yet been made.
The
industry and the investing public understand well that each time a
major takeover is considered in British Columbia, the government does
judge that. This is common knowledge throughout the investing world and
the forest sector. I think it's very unwise of that member to try to
leave the type of impression that he just did. I have not said that
Noranda will not be allowed. I said that we're assessing the
implications of it and we'll make that judgment with the facts at hand,
which is probably an unusual way of operating, according to the way
that member operates and the way the Minister of Forests under his
government operated.
MR. KING: Mr. Chairman, I don't
know what school of logic the minister went to or came from, but he has
indicated clearly on numerous occasions during consideration of his
estimates that MacMillan Bloedel is the optimum size for any firm
operating in the forest sector of British Columbia today, and that no
other firm is going to be allowed to grow beyond the size of MacMillan
Bloedel — except BCRIC. Under that criterion, which he has so clearly
laid out, there is no question that if Noranda acquired MacMillan
Bloedel's shares, then their cutting rights, in conjunction with the
current MacMillan Bloedel holdings, Northwood holdings and some B.C.
Forest Products holdings, I believe, would far exceed the model which
he has articulated. It would far exceed the
[ Page 4732 ]
size
of MacMillan Bloedel. He said: "No one's going to get any bigger than
MacMillan Bloedel, except BCRIC." But now he says: "I didn't say
Noranda couldn't come in and bid on it."
Well, of course you
said it in a backhanded, foolish way, and you're playing with
semantics. Do you think these people are stupid? They may have been
stupid enough to deal with your government in the past, but not much
longer, my friend. He has outlined a criterion for limiting the size of
corporations in the forest industry in the province of British
Columbia, and now he says: "Well, sure Noranda can bid." But he's
already predetermined that they do not fit the restrictions that he has
articulated here. What nonsense, then, to get up and say: "Well, I
didn't say they couldn't bid." They've got a message — the same kind of
message the Premier gave to CP Rail: stay out of British Columbia. It's
the same kind of thing. And when a minister of the Crown gives that
kind of indication to the industry, you better think that it's taken
seriously.
I've never heard such nonsense in all my life as
saying: "Well, I didn't say they couldn't bid." By his own policy,
which he has clearly outlined here, British Columbia Resources
Investment Corporation is being treated preferentially. He still hasn't
answered my question with respect to why there's this differentiation
between BCRIC and any other private company. What is it about BCRIC?
The Premier said it was not influenced by politics, that it was simply
a public company operating in the private sector. He has nothing to do
with it any more. What is it about BCRIC, if you really don't have that
political umbilical cord still attached, that allows for this
discrimination against private companies and this preferential
treatment for BCRIC? I ask again: has the minister done any analysis of
the shareholdings of BCRIC? There has been a great deal of dealing on
the stock-market, both in Vancouver and Toronto, since this government
created BCRIC. Who knows what affiliations there may be between blocks
of shareholders in BCRIC and other corporations? What criteria is he
setting out for extending this preferential treatment to BCRIC?
All
we've got so far is a minister who's being stubborn and saying: "Look,
I'm going to sit in my office and by my discretion I'm going to wheel
and deal, dispense favours and dispense different standards of
treatment to different corporations in the province of British
Columbia. But trust me. My motives are good and therefore I deserve
that kind of broad discretionary power." I say that's not good enough.
We've found the minister less than forthcoming when asked to table the
deals that he has made on behalf of the people of the province. Only
after extreme pressure has he been prepared to table documents with
this committee. I see no reason why we should trust him to set policy
by whim, by ad hockery, when it comes to dealing with the province's
forest resource. The government has a mandate to govern and they
certainly have a mandate to set policy, but with that they have a
concomitant obligation to set it clearly and equally without fear or
favour for all people in the province so it's open and clear and
readily understood by the public as well as the private corporations in
this province. That's where the minister is remiss, and that's where
he's culpable. I'm certainly not satisfied with his performance.
I move that the committee rise and report progress and ask leave to sit again.
Motion approved.
The House resumed; Mr. Speaker in the chair.
MR. CHAIRMAN:
The committee reports progress and asks leave to sit again, and further
that a document was presented during the debating committee and the
committee requests leave that the document be tabled in the House.
MR. SPEAKER: Regarding a document to which the committee referred, shall leave be granted for the tabling of the document?
Leave granted.
The committee, having reported progress, was granted leave to sit again.
MR. KING:
On a point of order, I just wanted to apprise the Speaker of the fact
that discussion arose during committee regarding whether or not
documents could be tabled during committee. I believe there was
agreement between the House Leaders on both sides that the Speaker
might make a ruling or at least consider the rules that are applicable
when documents are requested by leave to be tabled in committee.
MR. SPEAKER:
A ruling is not required in that the procedures of the House are very
clear on this matter. Documents referred to in committee cannot be
tabled in committee but can only be tabled when the House is
reassembled. Those practices are well established in this House, and I
don't think a ruling is required.
MR. KING: A further
point of order. It's my understanding that with leave virtually any
procedure could be varied either in committee or the House. The point
is whether with leave it is not possible to table documents during
committee.
MR. SPEAKER: The House, of course, can
instruct the committee and can empower the committee in any way it
wishes. However, the committee can only carry out those instructions
given to it by the House. As I understand the rules which you have
placed in my hands, the committee does not have the authority to either
grant leave or deny leave. That can be done only in the House itself.
Perhaps we could sit down over a cup of tea in my office this afternoon
and discuss it.
MR. KING: Is that an invitation?
MR. SPEAKER: That's an invitation.
HON. MR. WILLIAMS:
Continuing the matter which has been raised by the member for
Shuswap-Revelstoke, the discussion actually went beyond the question of
simply whether we were entitled to table documents in the House. The
hon. Leader of the Opposition, in attempting to seek leave for the
House to suspend the rules for certain purposes at that time, provoked
some discussion, and what he sought was some clear enunciation of the
rule or precedent which governs the manner in which the committee must
conduct its business under the order of the House. It would be
appreciated if you, sir, and the Clerks could address yourselves
perhaps to a brief memorandum.
[ Page 4733 ]
MR. SPEAKER:
It would perhaps be advisable to review again the fact that the
committee is constituted and given its instruction by the House. It
acts independently and accepts the responsibility to resolve any
matters of order while they are in committee. They can, of course,
report these matters to the House through the Chairman. The Speaker
himself does not involve himself in questions of order in the committee
itself. The rules speak very clearly, and I would hope that this would
not be seeking to establish some precedent to bring up matters which
truly belong in committee to the House itself, except by formal report.
HON. MR. WILLIAMS:
Without attempting to continue this discussion too long, what the
members really sought during the course of the discussion was some
clear exposition of those rules which govern the committee and its
conduct.
Hon. Mr. Williams moved adjournment of the House.
Motion approved.
The House adjourned at 12:32 p.m.
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