British Columbia Hansard — Tuesday, May 14, 2019, a.m., Issue 256 (41st Parliament, 4th Session) (20190514am-House-Blues)
20190514am-House-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, May 14, 2019
Morning Sitting
Issue No. 256
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Introduction and First Reading of Bills
Bill M217 — Interpersonal Violence Disclosure (Clare’s Law) Act, 2019
M. Lee
Statements (Standing Order 25B)
B.C. Beef Day and ranching industry
D. Barnett
D. Routley
Diabetes prevention and management strategy initiative
L. Reid
Small businesses
M. Dean
Friends of Hudson’s Hope Society
D. Davies
North Vancouver youth council on climate action
B. Ma
Oral Questions
Allegations regarding communication practices of Citizens’ Services Minister
M. Polak
Hon. J. Sims
J. Johal
Soil disposal site in Shawnigan Lake watershed
S. Furstenau
Hon. G. Heyman
Government response to allegations regarding Citizens’ Services Minister
S. Bond
Hon. D. Eby
P. Milobar
Hon. J. Sims
M. de Jong
Orders of the Day
Second Reading of Bills
Bill 31 — Police Amendment Act, 2019
Hon. D. Eby
M. Morris
N. Simons
D. Routley
S. Chandra Herbert
Hon. D. Eby
Bill M206 — Residential Tenancy Amendment Act, 2019
A. Weaver
S. Chandra Herbert
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 26 — Financial Services Authority Act, 2019
Hon. C. James
T. Redies
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Health (continued)
Hon. A. Dix
T. Wat
G. Kyllo
D. Ashton
M. Stilwell
TUESDAY, MAY 14, 2019
The House met at 10:06 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. L. Popham: As we all know and can smell, it’s B.C. Beef Day here at the
Legislature, and we’ve got some guests visiting us. Many of us are having
meetings with representatives from the cattle association. From the B.C.
Cattlemen’s Association, we have Renee Ardill, the environment committee
chair; Jon Solecki, livestock industry protection committee chair; Brian
Thomas, BCCA board member; Lani French, who’s a producer; and John Jenson,
who is a producer.
We also have representatives from the B.C. Association of Cattle
Feeders: Joe Heemskerk, Doug Haughton and August Bremer. Then, from the B.C.
Breeder and Feeder Association, we have Bob Miller and Corey Lepine joining
us.
Please make them welcome.
L. Throness: It’s always a pleasure to have people visit from our ridings. I want
to welcome Peter and Christina Kerkhoff today, who are visiting Victoria for
a few days. Would the House please make them welcome.
Hon. J. Darcy: I’d like to welcome two guests today. Justin Schmid is the legislative
coordinator for CUPE B.C. He hates it when I say that I remember him from
the days when he was the chair of the young workers committee, but I will
say that.
I’d also like to welcome — I believe she’s in the precinct already —
Geri Bemister, who is a criminology professor at Vancouver Island University
and North Island College. She is a human behavioural scientist, an
interventionist, a child advocate, an addictions consultant. She works
closely with the B.C. Centre on Substance Use, and she is the recent winner
of the very prestigious Courage to Come Back Awards for her own heroic
journey to recovery and for everything that she has given back to the
community, thanking all the people along the way.
Please give a warm welcome to Justin and to Geri Bemister, who will be
joining us in the House today.
R. Kahlon: Just momentarily we’re going to have 40 students from Sands Secondary,
joined by their teacher Mr. Ryan Evans and some parents. They’re coming in
momentarily to watch question period. So in advance of them coming, I hope
the House can make them feel welcome.
[10:10 a.m.]
S. Furstenau: I have two guests to introduce today. Shelby Saulsgiver is a
constituent of mine. She’s born and raised in Maple Bay, in Cowichan, and
she attended Frances Kelsey. She’s currently a volunteer in my constituency
office. We’re so delighted to have her here, and she’s here to shadow me
today to explore her growing interest in politics.
Also, I have Waya Aeon, who was born in Trail, grew up in Kaslo. He’s
21 years old. He’s a brand-new member of Citizens Climate Lobby, a volunteer
group that seeks to create the political will to act on climate change. He
has come down with a group from the Kootenays, and he’s here today to also
shadow me.
I’m delighted to have both of them here. Would the House please make
them feel most welcome.
T. Stone: I would like to join the Minister of Agriculture in welcoming a few of
my constituents here today. It doesn’t happen very often.
I also would like to acknowledge Doug Haughton, who’s in the gallery.
Doug is a fourth-generation Knutsfordian. He’s from Knutsford, British
Columbia. His grandfather settled in 1906, started as a grain farm and
transformed to beef production, I believe, in the early to mid-1970s.
Gregarious guy and great friend.
Sitting next to him is another constituent of mine, Joe Heemskerk, who
has a significant feedlot operation in beautiful Westwold as
well.
Gentlemen, it’s a pleasure to see you here in Victoria. Thanks for
coming down. We’re all looking forward to partaking in Beef Day later
on.
Would the House please make Doug and Joe feel welcome.
M. Stilwell: Joining us in the House today is someone who I think is quite amazing.
Melanie Atwell is the executive director of Cedar’s COCO Cafe, a social
enterprise in, well, Cedar. Cedar Opportunities Cooperative is a
community-run co-op started by families who believed that opportunities for
employment and for making friends were the greatest needs for their children
with developmental disabilities.
Now, under Melanie’s leadership, what once was a cafe providing
hands-on employment, training and socialization opportunities for people
with developmental disabilities has expanded into a catering company and a
commercial retailer that creates wholesome, frozen take-out meals that are
sold at the cafe. They deliver an exceptional program, and they’ve won
numerous awards, including the international Ruderman Best in Business
Award, which recognizes businesses across North America for hiring,
supporting and employing people with disabilities.
Would the House please congratulate Melanie and COCO for their success
and make her feel very welcome.
Hon. G. Heyman: Joining us shortly in the gallery will be a number of students from
Eric Hamber Secondary. A number of those students actually reside in my
riding, although the school is in the riding of the member for
Vancouver-Langara. I’ll be having an opportunity to speak with those
students shortly after question period. Will the House please let them know
they’re very welcome.
D. Davies: It gives me pleasure to welcome two folks from the far north. I’m
going to steal one from Peace River South — an introduction. Dan Rose is the
vice-chair of the regional district. As well, the chair, Brad Sperling, who
lives in my riding, in Charlie Lake. Would the House make them feel most
welcome.
Introduction and
First Reading of Bills
BILL M217 — INTERPERSONAL VIOLENCE
DISCLOSURE (CLARE’S
LAW) ACT, 2019
M. Lee presented a bill intituled Interpersonal Violence Disclosure
(Clare’s Law) Act, 2019.
M. Lee: Clare’s law is modelled after the U.K. legislation which passed
after the tragic murder of Clare Wood by her ex-partner. Clare was
unaware of the three previous violent convictions under her
then-partner’s name. This bill will allow at-risk individuals to access
information about their partner’s potentially abusive or violent
past.
[10:15 a.m.]
The bill will allow police officers to disclose any information
regarding a partner’s violent history to an at-risk individual. Under
Clare’s law, immunity would be granted to the minister, the government
of British Columbia, a police force, an agent, an employee, a board of
police commissioners or a member of a board of police commissioners
based on any cause of action arising from the enactment of this bill,
the application in good faith of all or any provision of this act or any
disclosure of information about an individual by a police service, if
the disclosure is made in good faith and in adherence to the
act.
It would also remove the need for police officers, pursuant to the
work, to submit any evidence or testimony related to the work
conducted.
The provisions of this bill seek to provide additional protection
for those who feel they may be in danger of partner violence. Access to
this type of information will help at-risk individuals remove themselves
from dangerous situations. It is instrumental in the continued effort to
curtail partner-abuse incidents.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
M. Lee: I move that the bill be placed on the orders of the day for the
second reading at the next sitting of the House after today.
Bill M217, Interpersonal Violence Disclosure (Clare’s Law) Act, 2019,
introduced, read a first time and ordered to be placed on orders of the day
for second reading at the next sitting of the House after today.
Statements
(Standing Order 25B)
B.C. BEEF DAY AND RANCHING INDUSTRY
D. Barnett: I have stood in this House on several occasions to praise British
Columbia’s cattle industry. Today marks another opportunity for me to do
so. It is the tenth annual B.C. Beef Day, a day to celebrate the
accomplishments of local cattlemen and to support this vitally important
industry.
I encourage all members of this House to engage with the B.C.
Cattlemen’s Association and other industry stakeholders who are here
today to celebrate with us. They will be hosting a barbecue outside here
on the legislative grounds from 11:30 to one. Enjoy an incredible lunch
and learn more about the high-quality and great-tasting beef that is
produced right here at home.
This is an industry that employs many British Columbians.
It is leading the way in terms of sustainable practices and land
protection and makes an estimated contribution of $600 million to the
provincial GDP every year. The B.C. beef industry plays a particularly
important role in my riding, and we are honoured to be hosting the B.C.
Cattlemen’s AGM in Williams Lake on May 25.
The barbecue season is underway. Whether you choose your B.C. beef
at a restaurant or the supermarket or a farmers market, this goes a long
way in supporting hard-working ranching families in our communities as
well as our provincial economy.
This is B.C. Beef Day. Let us all pledge to buy local and support
local and eat the best beef in Canada.
D. Routley: It is Beef Day. Not only is it the day that presents an
opportunity for government to meet with the people behind the industry —
including the B.C. Cattlemen’s Association, the B.C. Association of
Cattle Feeders, the B.C. Breeder and Feeder Association, the B.C.
Association of Abattoirs and the B.C. Dairy Association — but it’s also
the favourite day of the calendar year for the member for Chilliwack,
being a champion in all things smoked and otherwise cooked
outside.
B.C. Beef Day is a day for industry reps and government reps to
meet to discuss opportunities to continue to grow the ranching and
beef-processing sector in B.C. It is one of the most sought-after days
on the legislative calendar, and everybody should get in line early
outside for the barbecue.
Ranching is a long-standing industry in British Columbia, with
many families tending the same ranch and property for over 100 years,
like the Turner family at Turner Ranch in Pritchard or the Hunter family
at Scotty Creek Ranch in Cache Creek.
I was fortunate enough to serve on the Select Standing Committee
on Agriculture, Fish and Food. We did a report and a consultation around
the province on local meat production. This happened in May and June of
last year. It was very interesting. We saw the many challenges that
ranchers face in this province — problems of scale, problems of
geography, problems of seasonal timing.
These are all not insurmountable. With cooperation, I’m sure that
legislators, policy-makers and ranchers will coordinate to further
secure the food supply of British Columbia. This is a noble task. It is
a value-added task that adds value to our land base, adds value to our
communities, adds value to their products and, at its best, adds value
to the province of British Columbia and all of its people.
[10:20 a.m.]
DIABETES PREVENTION AND
MANAGEMENT STRATEGY
INITIATIVE
L. Reid: Let’s begin the conversation about the opportunity before us.
Diabetes is a challenging disease but one that we can prevent, in many
cases, by modifying risk factors and better managing diabetes.
Recognizing this, Diabetes Canada convened more than 115 individuals
representing nearly 100 stakeholder organizations over the past year to
build a new strategy for diabetes in Canada.
With this flexible blueprint modelled on the proven, ambitious
approach used for HIV/AIDS and other global disease prevention and
management strategies, we can deliver results in just seven years by
focusing on the following key targets. Ninety percent of Canadians live
in an environment that preserves wellness and prevents the development
of diabetes. Ninety percent of Canadians are aware of their diabetes
status. Ninety percent of Canadians living with diabetes are engaged in
appropriate interventions to prevent diabetes and its complications.
Ninety percent of Canadians engaged in interventions are achieving
approved health outcomes.
These targets are based on extensive consultations and rigorous
analysis of research. The actions required for their achievement are
detailed below, as are the unique considerations of people with type 1
diabetes and Indigenous peoples in Canada.
Diabetes Canada recommends that the federal government should
establish a national partnership over seven years to establish and
create the development and implementation of a new national diabetes
strategy, based on the 360 framework. With federal government support,
implementation of this national strategy could begin in 2020 and
continue through 2021, a milestone year that marks the 100th anniversary
of Dr. Banting’s discovery of insulin.
This would allow Canadians to mark the occasion with another
critical achievement in the prevention and management of diabetes and,
once again, improve the lives of millions of Canadians. I’m on board.
Are you?
SMALL BUSINESSES
M. Dean: Small businesses are integral to the growth of British Columbia’s
economy. They support diversity in urban and rural communities and
account for 35 percent of GDP. There were just over half a million
businesses in B.C. in 2017. Of these, 98 percent were small businesses
with fewer than 50 employees, and 60 percent were self-employed
individuals with no paid help.
Vancouver Island and the coast account for 16 percent of the small
business total. Esquimalt-Metchosin hosts a huge diversity of small
businesses, from the village store in Metchosin; to the first retail
geocaching store in Canada, the Sharkz Store, in Esquimalt; with 328
Taphouse in Colwood; and Pete’s Tent and Awning in View Royal all in
between.
Recently I attended Viva La WestShore, hosted by the Westshore
Chamber, and met a number of these local business people who support the
local community as well as the economy. Thanks to president Mike Reilly
and ED Judy Lawlor for all of your work.
Nearly 1.1 million British Columbians worked in small businesses
in 2017, accounting for 54 percent of private sector employment. This
sector thrives in Esquimalt-Metchosin. I attended the Esquimalt
Chamber’s Linger at Lunch recently and discussed what’s important for
local business owners and operators. Thank you to Chris Edley, who is
the president of that chamber.
Now, approximately 38 percent of the self-employed in B.C. are
women. We’re very fortunate to have the Westshore Women’s Business
Network, which hosts regular speakers and events. The room is always
filled with dynamic and enterprising women. Thanks to Deb Alcadinho for
all of her hard work.
In fact, thank you to everyone who supports B.C. small
businesses.
FRIENDS OF HUDSON’S HOPE SOCIETY
D. Davies: Today I’d like to speak about a local group from the small town of
Hudson’s Hope. Hudson’s Hope is located about 90 kilometres from Fort
St. John and sits on the banks of the Peace River. As well, it’s the
home to the W.A.C. Bennett dam and the Peace Canyon dam.
It’s also home to a group called the Friends of Hudson’s Hope. The
Friends of Hudson’s Hope was formed in 2001, with the purpose to provide
assistance for those in financial need that have to travel to medical
appointments outside of the town. Financial assistance can be provided
to both the patient needing the medical services as well as an
accompanying person, if required. Funds can also be used for medical
equipment that the patient is not covered for.
Patti Campbell is the administrator of the society and,
unfortunately, will be leaving the society soon, but a search for a new
administrator is underway. Patti is extremely proud of the wonderful
volunteers, including the board members: Barb Frocklage, Lynnea Stacey,
Edith Rosa, Travis Winnicky and Kathi Birosh, all of whom have made the
operation possible.
[10:25 a.m.]
The support from all of the community volunteers is a testament to
the care that the residents of Hudson’s Hope have for one another. The
Friends of Hudson’s Hope runs the local food bank and owns and operates
the local thrift store, where Patti is also the manager. All donations
from this thrift store go back into the society itself. A few years ago
the store itself was in need, as the building it was located in burned
down, and was homeless for a while. The community stepped in, and today
they have a new location that is perfectly suited to their
needs.
Each year, during Christmas season, the group also runs a
Christmas hamper for those in need. To raise funds to support these
endeavours, the Friends of Hudson’s Hope also have numerous fundraising
raffles and appeals for donation from the local businesses and
townspeople that make this organization so successful.
From myself to all the Friends of Hudson’s Hope Society, I’d like
to personally thank you on behalf of the residents of Peace River North
for all that you do to make your community a great community.
NORTH VANCOUVER YOUTH COUNCIL
ON CLIMATE
ACTION
B. Ma: The world is changing and in disastrous ways. Glaciers have
shrunk, plant and animal species have been lost, and the sea level is
rising. There are longer, more intense heat waves; longer, more damaging
droughts; stronger, more intense hurricanes, floods and forest fires;
and exploding pine beetle populations.
Climate change is real, and we feel it here in B.C. It’s no wonder
that so many have cried out that we must act immediately to reduce our
reliance on fossil fuels and move towards a cleaner, better future, with
our youth as the most vocal among us.
The North Vancouver–Lonsdale MLA’s Youth Leadership Council on
Climate Action is a group of students from several North Vancouver high
schools who have joined together to educate the public on the need to
take climate change seriously. They are Cameron Sullivan from Argyle
Secondary; Giovanna Lazzarini from Carson Graham Secondary; Nikolas
Montecalvo and Shiqi Xu from Sutherland Secondary; and Callie Yoo, Emily
Pennefather and Griffin Lee from Handsworth Secondary.
Working with each other and many of their peers at their
respective schools, this team of young people will be hosting a climate
strike rally at North Vancouver city hall, Civic Plaza, on Friday, May
24, starting at 4 p.m. We hope you will come to support them in their
efforts to raise awareness about this global issue.
While this government’s CleanBC strategy to meet legislated
reductions in overall emissions of 40 percent by 2030, 60 percent by
2040 and 80 percent by 2050 is exactly what B.C. needs to be doing, we
are also only a small part of the equation. Every province in this
country needs its own CleanBC, as does every country in this world.
Let’s stand with our young people and fight together for a better
future.
Oral Questions
ALLEGATIONS REGARDING
COMMUNICATION PRACTICES OF
CITIZENS’ SERVICES MINISTER
M. Polak: Yesterday we raised questions about a letter from Donald Sorochan,
QC, that contains serious allegations against the Minister of Citizens’
Services. Included in the allegations are claims that the minister
instructed her staff to act in a way to “avoid her communication being
captured by freedom-of-information law.”
Why did the minister give this instruction to her
staff?
Hon. J. Sims: My colleague across the way has sat on this side and has been in
government. Let me be very clear. Ministers use their government account
for government business and legislative account for legislative or
constituency issues.
When I hire a new staff person, anyone who comes in, I’m very
clear with them that government communications are to be done through my
government email, but constituency-related communications are to be done
through the appropriate channels. That’s how the division is meant to
work.
My colleagues across the way, from the time they sat on this side
of the House, know exactly how that works. That is why, when we became
elected as MLAs, we got our legislative phone, our Leg. email and our
computers. Then, when we became ministers and got sworn in, we got a
ministerial phone and an email and a computer.
[10:30 a.m.]
It would be remiss of me if I did not make that very clear with
employees when I hire them. I told my constituency staff that they
should not use my ministerial government email for constituency
matters.
This was a challenging HR matter involving a former employee, and
because of privacy, I can’t get into the details. While the opposition
continues to focus on gotcha politics, I’m focused on our government’s
important work to make life better for those who live in B.C.
Mr. Speaker: The House Leader for the opposition on a supplemental.
M. Polak: Unfortunately, what the minister made clear was her intention to
avoid the scrutiny of having to divulge and disclose government business
that she’s conducting, now, what seems to be in secret.
Of the claims that the whistle-blower is prepared to swear under
oath, by the way — she contains that in her letter — is the assertion
that the minister “explained to me that she only used her ministerial
phone or email for routine tasks or conversations because ‘I have to
have something to show them.’ The ‘them’ she referred to were those
members of the public, opposition or media who were making
freedom-of-information requests for her communication.”
Can the minister explain why she said this?
Hon. J. Sims: Let me make it very, very clear that there is a differentiation
between what we can communicate through government phones and government
emails. That’s good record management practice. Also, the constituency
assistants have a different set of rules, and that is that constituency
work is not supposed to be done on government email. I made that very
clear, because it is important that when new constituency staff come
into our offices and they’re working in an office of a minister, there
is a delineation about constituency work.
I’m sure that when my colleagues who sit on that side now were on
this side, they must have explained the same to their staff and said:
“If it’s constituency communications, they go through these channels. If
it’s government communications, they go through these
channels.”
Mr. Speaker: The House Leader for the official opposition on a second
supplemental.
M. Polak: In spite of the minister’s ongoing descriptions of what we all
know to be the regulations on our communications as government ministers
or MLAs, I note she hasn’t denied making the comments that the
whistle-blower claims.
These are very serious allegations. It is alleged: “On more than
one occasion, the minister’s senior ministerial assistant called me to
explain to me that I was not to communicate with the minister or her
ministry staff via their government emails unless I first checked by a
text or phone call.”
That doesn’t comport with what the minister is describing. Can the
minister explain why her senior ministerial assistant would have given
that direction?
Hon. J. Sims: Let me restate. I was very clear with my staff when they were
hired that they were to use my legislative account to communicate
business that had to do with constituents — my constituency office. That
is good advice to give to an employee when they come in. I was very,
very clear that if it had to do with government business and they had to
communicate with other offices, which they do when they’re seeking
assistance for our constituents, there are appropriate ways to do that
and to use those channels.
When a new staff member comes in and…. By the way, this staff
member was with me for six weeks, and the employment ended for a variety
of reasons. This is an HR matter. I cannot get into the details, and my
colleagues know that. But I will be very, very clear. I was very firm
with my staff that they had to make sure they were following the rules
and not to circumvent them.
[10:35 a.m.]
J. Johal: It’s an auspicious day today, Mr. Speaker. I’m not sure if you’re
aware, but we’re celebrating an anniversary. It was a year ago today
that this minister had to apologize for using private email while she
conducted government business. It’s an embarrassing anniversary, and
clearly, this minister has no credibility on this file.
Now we have a letter from Mr. Sorochan, QC, which contains
extremely serious allegations. In it, the whistle-blower says: “I was
repeatedly told to never admit the use of personal email for ministerial
business, as we have to protect the minister.”
To the minister, why was the whistle-blower given this
direction?
Hon. J. Sims: That is a load of nonsense. A load of nonsense. I follow the rules
and the appropriate use policy, and I use my government email for
government business.
Now, when a new staff person comes into your office or when you
hire a new staff person and you’re a minister, you actually sit them
down and explain to them how communications work. That’s exactly what I
did.
This is a very difficult HR matter. The person was my employee for
about six weeks and is no longer my employee. Because it is an HR
matter, my colleagues also know that I cannot get into the details. But
let me assure them that I was very, very clear that the individual was
to follow the proper practices, and there was nothing nefarious about
them, despite the fact that my colleagues would love to find
something.
Mr. Speaker: The member for Richmond-Queensborough on a
supplemental.
J. Johal: It was exactly a year ago today, as I said, after initially
denying any wrongdoing, that the minister was forced to admit she had
broken FOI rules.
The serious allegations contained in the Sorochan letter show the
minister has gone to even greater lengths to circumvent the system she
has sworn to uphold. According to the whistle-blower: “The minister
routinely used iMessage, WhatsApp and her personal email address to
conduct ministerial business.”
Why is the minister continuing to use private communications for
government business?
Hon. J. Sims: Let me say it one more time. When a new employee is hired in a
constituency office and the person in that constituency office also
happens to have in there a minister, then I think it’s perfectly
appropriate…. As a matter of fact, I would be remiss if I did not
explain to them that they could not do constituency work through my
government email or phone, and that is exactly what happened.
I do my constituency business through my constituency phone, as my
staff is told to do. And, yes, I do use WhatsApp, but I do not use
WhatsApp for government business. I do have it on my Legislature phone,
and I use it for local constituency matters and for personal things,
like connecting with my family and talking about my mom.
It is also…. As my colleagues across there know, WhatsApp is a
community. But I make sure that my WhatsApp is not on my government
phone and that it is being used for personal or legislative
business.
SOIL DISPOSAL SITE IN
SHAWNIGAN LAKE
WATERSHED
S. Furstenau: From the very beginning, the Shawnigan Lake community has been
abundantly clear: depositing five million tonnes of contaminated soil in
our watershed is an unacceptable risk to our drinking water and our
community. After years of relentless efforts by the Shawnigan community,
some of whom are in the gallery right now, and seemingly endless court
battles, the previous Minister of Environment revoked the permit in
February of 2017. I thank her for that.
Now, two years later, the company is proposing to leave the
100,000 tonnes of soil that was deposited at the site that overlooks our
drinking water source, a site that Shawnigan Creek, which feeds the
lake, wraps around.
My question is for the Minister of Environment and Climate Change
Strategy. He has a decision to make. Will the soil be allowed to stay,
or will the minister put the long-term interests and well-being of the
people of Shawnigan first and order the soil removed?
[10:40 a.m.]
Hon. G. Heyman: Thank you to the member for the question. This is a long-standing
issue. I understand the considerable concern of the residents of
Shawnigan Lake about the integrity and safety of their drinking water. I
also recognize the tremendous amount of effort that members of the
community and the member of the Third Party have put into trying to
resolve this issue, resulting from a decision made several years ago by
the previous government.
We have taken a number of measures to ensure that there is
transparency in the review of both the plan and the testing. Information
on the landfill, sampling data, inspection reports, the order and
warnings are all made public for people to view. The member, as well as
members of her community, have recently, in April, attended briefings
with officials from my ministry and the Ministry of Energy and Mines.
The ministry is working hard to review the closure plans submitted, to
gather all the information necessary to provide to me for a decision to
ensure that whatever the final decision is, it maintains the integrity
of the drinking water for the residents. That decision will be made this
spring.
Mr. Speaker: The House Leader for the Third Party on a supplemental.
S. Furstenau: It’s interesting to note that those inspection reports are
actually signed off by an engineer named Mike Achtem, who used to be
with Active Engineering, which was the company that had a secret
profit-sharing deal with the quarry owners.
I also wonder if the minister has considered the many other issues
that are associated with this site: the endless questions about the
integrity of the liner beneath the landfill; the concerns raised by a
Ministry of Environment hydrologist that the monitoring wells beneath
the site are at the wrong depth to determine the impacts to groundwater;
the interaction of the high levels of sulphur with the metals and
hydrocarbons, resulting in sulphuric acid; the contaminants showing up
in the surface water below the site. This is only a very short sample of
a very long list of serious concerns about this site and the process
that resulted in a permit being issued in the first place.
We have drought conditions across Vancouver Island. Water
restrictions are already in place. Shawnigan Lake is one of the few
natural drinking water reservoirs on southern Vancouver
Island.
My question is to the Minister of Environment and Climate Change
Strategy. Does he think that allowing for the potential contamination of
a drinking water source for 12,000 people, and one of the few natural
reservoirs on southern Vancouver Island, is an acceptable
risk?
Hon. G. Heyman: I want to assure the member and the people in the gallery that our
government takes the protection of drinking water, human health,
protection of the environment, extremely seriously. That is why we are
putting a tremendous amount, in the ministry, of diligence to reviewing
all of the aspects of the closure plan, all of the test results, the
information provided by the member — information provided not only by
the qualified professional to whom the member referred but by an
independent qualified professional retained by the ministry.
This is a difficult issue. We are doing due diligence. The
ministry is looking at every aspect of the issues raised by the member
and the community. All of that information will be provided to me for a
final decision. We take the protection of drinking water extremely
seriously.
GOVERNMENT RESPONSE TO ALLEGATIONS
REGARDING CITIZENS’
SERVICES MINISTER
S. Bond: The Premier said that he was profoundly disappointed with the
evasion of FOI by the Minister of Citizens’ Services a year ago almost
exactly. He admitted: “We missed the mark…. I acknowledge that. And I’m
going to do everything I can to make sure it doesn’t happen
again.”
Well, by now, the Premier will have discovered that on March 4,
2019, his office, via the cabinet secretariat, was made aware of these
and other serious allegations concerning the conduct of the Minister of
Citizens’ Services. Serious allegations were
made more than two months ago about the conduct of a sitting
minister.
What exactly did the government do? What actions, to the Deputy
Premier, did this government take?
[10:45 a.m.]
Hon. D. Eby: I have a copy of the May 12 letter the members were referring to
yesterday that I took on notice. I’ve had the opportunity to review it.
It appears to be one of a series of letters sent. The lead address is
Mr. Michael McEvoy, who’s the Information and Privacy Commissioner for
British Columbia.
Certainly, for any person in British Columbia that has a concern
and privacy, the correct place to send those concerns is the independent
commissioner, whose office is set up exactly for that purpose. The
letter is properly addressed to the commissioner, and the individual and
any British Columbian with concerns should pursue those with the
commissioner’s office.
Mr. Speaker: Prince George–Valemount on a supplemental.
S. Bond: Well, the Attorney General full well knows that that letter also
contains serious allegations about the conduct of the Minister of
Citizens’ Services that were directed to the government. The Attorney
General has just admitted that this government was apparently aware of a
letter that arrived over two months ago, and yesterday he appeared
surprised by the fact that there had actually been a letter.
Let me quote the Premier once again. The Premier’s office was told
on March 4…. This is exactly what the Premier’s office was told more
than two months ago. “Please note that throughout my employment” — that
has nothing to do with the Privacy Commissioner — “a constant has been
the strident instructions from both the minister and senior political
staff to phone or text only.”
It is absolutely unimaginable that two months ago a letter arrived
in the Premier’s office that alleged serious, serious issues of
misconduct of a sitting minister, and now the Attorney General stands in
the House and simply dismisses that letter. Could the Attorney General
please tell us what he is prepared to do today to deal with these
serious allegations?
Hon. D. Eby: The letter is dated May 12. It arrived in my constituency office
on Sunday night, late. In it, though, I note that the Office of the
Information and Privacy Commissioner is already in correspondence with
this individual. It said that the office was available to receive
additional information and: “For your information, FOIPPA does not apply
to MLAs or the office of a person who is an MLA, because MLA offices are
not public bodies.”
There’s interaction going back and forth. This is the proper
office for this concern to be brought to. The commissioner is the lead
addressee on the letter. The office is independent — and independent for
a reason. I have confidence in the ability of the Information and
Privacy Commissioner to do the job that the commissioner is set up for.
The individual and any British Columbia that has concerns like this
should raise them with the commissioner’s office.
P. Milobar: Well, to be clear, we have a minister who has repeatedly shown she
has zero regard for the freedom-of-information rules that she is
responsible for. A year ago the Premier said he was profoundly
disappointed and said: “The deputy minister in my office is ensuring
that best practices are being observed with my staff. I expect that, and
in fact, it’s going to happen.”
We know, despite the Attorney General continuing to refer to the
May 12 letter, that on March 4 of this year, the Premier’s office was
contacted as a first step in trying to solve these serious allegations.
It seems nothing has changed, though, and this has happened again in yet
even more spectacular fashion than a year ago.
Again to the Attorney General, when did the Premier know…? What
steps have been taken from the March 4 letter to today to actually
address these serious allegations from within government?
Hon. D. Eby: I have pointed out that there is an independent office that is
tasked with looking into exactly the concerns that are being raised
here. It’s the proper place to raise those concerns. They’re the lead
addressee on the letter. Any British Columbian that has concerns about
issues like this should properly bring them to the….
Interjections.
Mr. Speaker: Members.
related to freedom of information and protection of privacy properly
should bring them to the Information and Privacy Commissioner, which
appears to be exactly what has happened.
Mr. Speaker: The member for Kamloops–North Thompson on a
supplemental.
[10:50 a.m.]
P. Milobar: Despite being caught last year, this same minister continues to
purposely circumvent the system that she has sworn to uphold. A year
ago, when there was finally an admission that the documents were not
being handled properly, the Premier committed that his deputy minister
would be ensuring best practices are being observed. Yet here we are a
year later, and the answer we’re getting back from the Attorney General
is trying to dismiss these concerns over to an independent
body.
A year ago the Premier was more than happy to try to step in to
solve this problem. Now we have the Attorney General saying — even
though these are, potentially, even more serious allegations than a year
ago — that the government has no role to play in this, that the Premier
and the Attorney General have no role to play in this. The exact same
allegations have been made once again, and they’ve been forced to
publicly chastise the minister to make the promise that it wouldn’t
happen again.
Again to the Attorney General, when is the government going to
step in and actually investigate this and take proper actions on
something that they’ve known about now in the Premier’s office for the
better part of two months?
Hon. J. Sims: I take my responsibilities on freedom of information and good
record management very, very seriously. Let me be very clear. This
individual did not work for government. This matter relates to her
employment as a constituency assistant. As such, the executive director
of caucus dealt with this matter. As it is an HR matter, we can’t go
into it in any further details.
Let me assure my colleagues that what I said to a constituency
assistant, who works for an MLA, not for government…. The clarification
I gave to her was: “When you’re dealing with government business, those
you communicate through the government emails. But constituency staff,
constituency information, casework to do with constituents is dealt with
through the Legislature emails.”
Let me also be clear that the colleagues across the other side,
who are getting so excited right now, were sitting on this side for 16
long years. During those 16 long years, many of them were ministers.
Many of them were ministers. As ministers, I’m sure they must have
explained to their new employees how communications work in government
and how they work in MLA offices.
Let me read out to you what was said in the very letter that my
colleagues are quoting from. In that very same letter, the Privacy
Commissioner stated: “For your information, the FIPPA, the Freedom of
Information and Protection of Privacy Act, does not apply to MLAs or the
office of a person who is an MLA, because MLA offices are not public
bodies. ‘Public body’ is defined in
schedule 1 of FIPPA and specifically
excludes the office of a person who is an MLA.”
That is what I explained to my staff.
M. de Jong: The question today is this. On March 4, the cabinet secretariat in
the Premier’s office was notified of these allegations. Allegations that
a minister in the cabinet with a record for attempting to manoeuvre
around the legislation, the very rules that she is responsible for
upholding, was doing so again. Allegations contained in the letter that
went to the Premier’s office to, ironically, the ethics adviser, one
Alex MacLennan, that the same minister was attempting to facilitate
entry into Canada of foreign nationals who were on a security watch in
exchange for money. Allegations contained in that letter.
The question is not whether the Attorney General believes the
allegations. The question is: what steps did the government take to
investigate these serious allegations that they were aware of over two
months ago?
[10:55 a.m.]
Hon. D. Eby: I can’t think of a better place to look at concerns related to the
Freedom of Information and Protection of Privacy Act than the
freedom-of-information and protection-of-privacy commissioner. Now, it’s
an arm’s-length office from government. It’s an office of the
Legislature with all the tools necessary to look into matters like this.
It is in front of that office. There’s a dialogue back and forth,
obviously, between this individual and her counsel and the commissioner,
who’s the lead addressee on the letter. There’s been previous
correspondence that I was not included on. It is properly in front of
that office.
Mr. Speaker: The member for Abbotsford West on a supplemental.
M. de Jong: A year ago the Premier stood in this chamber and acknowledged that
his minister had failed to uphold the appropriate standard, acknowledged
that he had failed and that his government had failed to uphold the
appropriate standard of records management. He pledged, as you have
heard earlier, that he was going to do everything he can to make sure it
doesn’t happen again.
Today the Attorney General conveniently attempts to sidestep these
serious allegations by saying that, actually, the Premier and the
government don’t want anything to do with this. It’ll be for someone
else to take account of.
The letter that went to the Premier’s office via the cabinet
secretariat contained a whole list of serious allegations. We have
focused on one. I’ve just mentioned another, involving the attempts to
bring foreign nationals into the country that were on a security list,
in exchange for money.
The question is what steps the government took, what steps the
Premier took, what steps the Attorney General took, to investigate
allegations that have now been confirmed in a letter from Donald
Sorochan, QC.
Hon. D. Eby: I became aware of this issue at question period yesterday. There
was a letter sent by a lawyer to my constituency office late on Sunday
night. I’ve had the opportunity since then to read the letter, which is
one….
Interjections.
Mr. Speaker: Members.
Hon. D. Eby: This is simply when I became aware of the issue.
It appears to me that this is in front of the independent Office
of the Information and Privacy Commissioner. The office is at arm’s
length from government. It is in front of the commissioner’s office.
They have received a letter from this…
Interjections.
Mr. Speaker: Members.
Hon. D. Eby: …individual’s lawyer, Mr. Sorochan, that outlines her concerns in
some detail, that offers to provide additional information to the
office. There’s a dialogue going back and forth, as there should be.
This office was set up to look into…
Interjections.
Mr. Speaker: Members.
Hon. D. Eby: …issues exactly like this. There’s a reason why it’s independent.
The members on the other side know the role of this office in looking
into these allegations very, very well.
Interjections.
Mr. Speaker: Members.
Hon. D. Eby: I have full confidence in the ability of the commissioner to look
at this issue.
[End of question period.]
J. Martin: I seek leave to make an introduction.
Leave granted.
Introductions by Members
J. Martin: Outside in the grounds on the precinct is a very special person, a
friend of mine and, whether you know it or not, a great friend of yours. The
tradition continues. Brian Misko from the House of Q is cooking up hundreds
and hundreds of pounds of tri-tip and lots of other great offerings in
honour of B.C. Beef Day.
It’s a huge undertaking for him and his crew. This is one of the
biggest feeds that takes place by anyone on the barbecue circuit.
Please welcome him once again, and show your appreciation for all of
his effort. Have a great lunch out there.
S. Furstenau: I seek leave to make an introduction.
Leave granted.
S. Furstenau: I see Sierra Acton, the CVRD area director for Shawnigan Lake, in the
gallery, along with some other folks from Shawnigan. I just wanted to make
Sierra and the Shawnigan residents welcome.
[11:00 a.m.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading of Bill 31, the Police Amendment
Act. In Committee A, the Douglas Fir Room, I call committee on Bill 26,
Financial Services Authority Act. In Committee C, the Birch Room, I call
continued debate on the estimates for the Ministry of Health.
[J. Isaacs in the chair.]
Second Reading of Bills
BILL 31 — POLICE AMENDMENT ACT, 2019
Hon. D. Eby: I call second reading of Bill 31 entitled the Police Amendment
Act, 2019, and I move the bill now be read a second time.
It’s my pleasure to rise today to speak about Bill 31, the Police
Amendment Act, 2019, which makes changes to the independent
investigation office, or IIO, in British Columbia. As members will know,
the role of the independent investigation office is to investigate
critical incidents of death or serious harm involving police officers
and special constables in B.C.
This bill is intended to address two specific areas of concern
regarding the quality and timeliness of IIO investigations.
Specifically, the Police Act will be amended to reduce the hiring
restrictions for IIO investigators for a period of two years to allow
the IIO to bolster its investigative capacity and reduce the amount of
time it takes to conclude investigations by hiring investigators with
more experience and expertise than is possible under the current
provision and the state of civilian training.
The IIO’s referral standard to Crown counsel will also be amended
to be consistent with the referral standard used by the police so that
fewer cases that are unlikely to meet the charge approval standard of
Crown are referred. This change will facilitate the timely completion of
IIO investigations.
These amendments are reflective of extensive consultation with
stakeholders, including representatives from various law enforcement
agencies, civil rights groups, advocacy organizations and Indigenous
groups. Justice Thomas Braidwood, who led the public inquiry that
recommended the establishment of an independent civilian police
oversight office, was also consulted on the proposed
amendments.
Overall, consultations indicated strong support for raising the
referral standard to Crown counsel. Stakeholders also expressed general
support for providing the chief civilian director of the IIO with
expanded hiring discretion, acknowledging that the goal of complete
civilianization of the IIO should not come at the expense of ensuring
the organization has the necessary expertise to conduct high-quality
investigations. Government remains committed to the continued
civilianization of the IIO. The two-year time limitation on the
director’s expanded hiring discretion demonstrates that
commitment.
In conclusion, the amendments in this bill will assist in
bolstering the important work of the independent investigations office.
I look forward to hearing the comments of other members of the
House.
M. Morris: I chaired the committee that did the review into the IIO a couple
of years ago. We heard from many, many stakeholders right across the
province and from experts. We spent a lot of time formulating the report
at the end of the day and providing our recommendations.
I do know the amendments to the Police Act that are being
introduced deal with a couple of things in there. One of the ones is the
primary concern over hiring police officers that have been out of their
police organization for five years or more. The committee felt that it
was reasonable to look at the expertise that these folks had — so to
exclude that five-year rule on there.
[11:05 a.m.]
We don’t contest the fact that, eventually, the IIO should be a
truly civilian organization. We fully support that, and I do as a former
police officer. I know most of my police colleagues out in the field
also feel the same thing. But there are a couple of elements here that
are of concern.
The investigations that the IIO undertake are quite complex. In
order to achieve the level of competence required not only to
investigate criminal offences but to determine the difference between
the inquiry that they’re making into possible wrongdoing by the police
officer involved — to know when the line is crossed when it comes to the
criminal aspect of things and to determine what kind of constitutional
warnings they have to offer an implicated police officer — takes a lot
of skill. And it takes a long time to acquire those skills.
In the police world out there, in order to become an accredited
criminal investigator, it takes years and years of experience — years
and years of providing testimony in court and learning from your
mistakes but also keeping abreast of jurisprudence as handed down by
every court, from the provincial court level right up to the Supreme
Court of Canada, that all provide direction to police officers and
criminal investigators on how to do their job.
These are happening all the time. It’s not that once a year, you
review all the jurisprudence that comes out. It’s happening on a routine
basis. There are some of the cases that come out that are fundamental in
changing how police gather evidence, how they treat evidence, how they
treat suspects and how they treat witnesses. There are a number of
issues that are there.
When it comes to the IIO…. One of the things that hampered the
early part of the IIO when it came into force was the fact that they
didn’t have enough of these skilled investigators. A lot of these
investigations were protracted for very long periods of time. The
protraction not only impacted on the public perception of what was going
on and, perhaps, the confidence that the public had in the IIO at the
time but the pressure that it was putting on implicated
members.
Unfortunately, a lot of these cases involved people who lost their
lives. To have this held over the head of a member — of an RCMP or
police officer member who was implicated in the involvement of that
death — is a lot of stress, not only on that police officer but on their
family as well. To sit there for a year or two years or longer, in some
cases, waiting for the decision of the IIO to come out, was highly
stressful. It impacted family lives. It impacted relationships. It
impacted a number of things there. So the pressure on making sure that
the IIO has the talent and expertise necessary to do the job is
significant.
I understand what the IIO has gone through. They’ve implemented a
number of training programs for their staff, which is excellent. It’s a
step in the right direction. But subsection 38.06(5) of the Police Act
says that: “The chief civilian director may retain consultants, experts,
specialists and other persons the chief civilian director considers
necessary to enable or assist the chief civilian director in exercising
powers or performing duties of the chief civilian director under this
Act.”
That allows him to go and get the expertise that’s out in the
field — those men and women that have the skills necessary to do those
kinds of complex investigations. The thing stopping him, in this
particular
section here, from doing that is that the current act — not
this amendment, but the current act — states that he can’t hire them
unless they’ve been out of a police organization for five years or
longer.
The problem that we saw, as a committee, when we reviewed this and
we looked and we heard from all the stakeholders, is that after five
years, your level of acuity and your level of being current with what’s
going on out in the world of jurisprudence and best practices and
scientific technology changes becomes somewhat diminished. You don’t get
that level of expertise unless you’re getting somebody that’s very
current in the field.
[11:10 a.m.]
I applaud the government for introducing the amendment. The part
that I have difficulty with on this is the fact that it’s only good for
two years, and then it reverts back to the original section, where you
can’t hire anybody unless they’ve been out of a police organization for
more than five years.
We can’t…. Unless government has some way to determine and
forecast how quickly the current level of investigators’ skill
increases, I think two years is an arbitrary benchmark. I think it’s too
short a period of time, based on my own experience in criminal
investigations over the years. I’ve watched these young constables and
investigators progress through their service and gain that level of
expertise in their performance. It takes time.
You see them growing, and it takes time — sometimes seven, eight,
nine years — to get to that level of expertise where you’re accepted by
the courts at the various levels. Your evidence is accepted, and you
really know what you’re doing. You know how to function. You’re keeping
abreast of all these changes here. So I think the two-year limitation is
something that we need to have a look at. I think it’s something that,
perhaps, should be removed, but we can talk about that later
on.
The other part of it is the recommendation…. I didn’t see this in
this bill before the House here, but one of the recommendations that we
made as a committee when we reviewed the IIO was that there be some
legislative requirement to do a complete review of the IIO after a
six-year period of time. But I didn’t see any part of that in this
legislation, in this bill before the House. I think that would have been
an opportunity to review the effectiveness of the civilianization goal
of the IIO, of making it fully civilianized, and see the effect of these
trained experts coming in to help the IIO attain that level of
professionalism — to see whether or not it’s adequate.
Six years is a short period of time when you look at the issues
that are going on. Six years is a short period of time when you look at
the effects that these kinds of investigations have on the police
officers involved, on the organizations involved, on the families
involved, who may have lost a loved one in one of these situations, and
on the IIO themselves. I think every opportunity should be extended to
ensure that they function at the level that is required
there.
The other part of it, in this, that has received wide applause
from those that I’ve spoken to within the police field is the fact that
the civilian director now must have reasonable cause to believe that an
offence may have been committed, which is the standard. When police
officers do criminal investigations, their charge approval is based upon
reasonable and probable grounds, and the recommendations for charges is
based on reasonable and probable grounds. This is a standard now that
all police officers can recognize and understand. The legal community
understands it. I think it’s the only standard that should be met here,
so I applaud government for introducing that amendment to this bill as
well.
Like I said, the only issue that I have is this very short window,
this very short period of a two-year limitation on this particular
amendment — to revert back to the old ways. I think that probably
shortchanges the opportunities that the IIO might have in order to
develop that expertise over the next five, ten years.
It takes a long time for the level of expertise to be at that
level where the job is done in a technically elegant way that is
deserved by the police officers involved, and that’s exactly what the
public expects. Those are my comments now for this particular aspect of
this process. I look forward to maybe examining it in a little more
detail at the committee stage.
N. Simons: I’m pleased to be able to speak about this bill that’s before the
Legislature today. It’s an amendment to the Police Act, which defines
how police in this province act.
[11:15 a.m.]
This particular amendment to the Police Act says that the
independent oversight body of the police forces in the province are
going to be able to hire former police officers from B.C. quicker, so
that’ll give them a bit of current expertise. But they’re only allowed
to do that for a couple of years, because the ultimate goal of the
independent oversight body, the office of the independent
investigations, is to become completely civilian, to be completely a
civilian-run oversight of our police system. I think, ultimately, all
sides of the House agree that that is a laudable goal and one that we
should be striving for.
When the Attorney General introduced this act, called Bill 31,
Police Amendment Act, it included two changes to how the oversight
system works. One was what I mentioned — the ability to hire former
police officers to strengthen, perhaps, the level of expertise that the
oversight body can have, because they’re investigating when someone dies
as a result of a police action. So if people are injured or killed in
their interaction with police, we have a special office to look at what
happened. For the public, we have to be confident that that oversight
body has the capacity to do the job well and without interference,
without even the semblance of any interference. So you can see why this
section of the bill is supported.
I think that it’s important for the critic to know that the people
hired would be grandfathered into the office, and they wouldn’t have to
leave after two years if they were hired. I’m very pleased that our work
at making this independent oversight body more civilian is continuing. I
think this piece of legislation brings us towards that goal.
The other thing that this bill changes is when…. After the
independent office investigates what happened in the interaction between
police and civilians, when they investigate, they have to decide whether
or not to refer the case to Crown counsel, the prosecutor’s office. The
Crown counsel decides whether to charge the police officer for what
happened.
When the independent office is considering, “Is this enough
evidence to say that a criminal offence occurred?” they’re not the ones
that actually make that decision. They just have to have a reasonable
belief that maybe a crime has been committed. And then it’s the Crown’s
job, the Crown representing the Crown, to decide whether to charge them.
The investigation office just says: “There’s not enough evidence for the
Crown to even look at it” or “There’s enough evidence, and there’s
reasonable grounds to suspect that a crime has occurred.”
Previously the independent office just had to have…. They think
that maybe a crime occurred. It’s like a different level of being
convinced that maybe something happened. Previously it would just…. A
lot of cases would be referred to the independent office. And what
happened was the independent office wasn’t adequately funded, perhaps
you could say. It didn’t have enough resources in order to do the
investigations properly.
Now, the opposition member suggested that was because of the
inability to recruit expert officers, expert investigators. That could
really be part of the problem because, you know, recruiting people to
work in this office, work in the Lower Mainland, is expensive. It’s hard
to find people that are qualified and then to hire people that are
qualified, so expanding the pool of people you can hire from is a good
thing. It’s one that our government believes is going to help reduce the
backlog of investigations.
I represent, in the Sunshine Coast, a mom and family who lost a
family member, a business person from the Sunshine Coast who died in a
confrontation with police. It’s been going on for a couple of years,
three years now, and there’s no result. The family is still waiting.
What happened? They don’t have answers. The independent office,
throughout this period of being underfunded and having trouble — I guess
some internal issues around recruiting people to do the investigations….
They have not reached a conclusion yet. Oh, they reached a conclusion
finally, a couple of months ago. They referred it to the Crown counsel.
They referred that case to the Crown.
[11:20 a.m.]
The length of time it took — and the process continues — is really
very hard. As the member for Prince George–Mackenzie said, it’s
very hard on the police officer’s family to be waiting for a decision to
be made. I would add that it’s extremely difficult for the families of
those who have been injured or killed to wait as well, and the slowness
of the process, perhaps, is a serious problem. I would say it’s a
serious problem.
I would also add that the delays that are impacting cases are not
just because of the understaffing of police forces or the investigation
office necessarily. There has been a dispute as to what police are
required to tell when they’re investigated for their involvement in the
injury or death of a civilian. The police forces — and I’m generalizing
— have been arguing that they don’t have to immediately answer questions
of the investigation office.
Let me just say that it was difficult for the investigation, for
the independent office to conduct investigations, when there wasn’t full
cooperation from the police forces involved. I’m suggesting that that
lack of cooperation added increased stress on the families that have
been impacted by the injury or death of a loved one.
I’m really glad that a member of a government caucus sees the
importance of independent oversight of very important institutions in
our province. We have independent oversight of our child welfare system.
If something goes wrong in our child welfare system, where the kids are
in foster care or what have you, then there’s oversight. We have
oversight of…. There’s an ombudsman that provides oversight for all
agencies in the province to make sure that government services meet the
needs of the citizens of the province.
I think police oversight is really of core importance to a
democracy. We have to have full trust in our law enforcement. Part of
having that full trust is knowing that they’re accountable. They’re
accountable to the people through an independent office.
What we’re doing with this bill…. When it passes — and I’m hoping
that it has the support of all the members of this House — it will
strengthen the office of the independent investigations office. It will
make the process both easier for the officers involved…. I shouldn’t say
easier, but without the added stress of unnecessarily lengthy
investigations. It will reduce that stress, and it will provide an
opportunity for the families impacted to close a
chapter of their life
with respect to what has happened to their loved one.
I’m really pleased that these two amendments, basically two
amendments, are coming forward. I really do hope that members from the
opposition agree with the government side and continue the process of
making this office more civilian-based. I’m really pleased that our
government has not only increased the funding for the independent office
but increased their ability. There are three teams of investigators now
instead of two. That’s going to help a lot.
They’ve really improved the support for the training program for
people who work for the independent office. So if you haven’t been a
police officer conducting police investigations but you have
investigation skills and you have the technical knowledge of how to
conduct the investigations, the Attorney General, the province and the
Justice Institute are working on a program to train people to work for
the independent office. I think that that process is important to
measure as we go along to make sure that the goals of government, the
goals of the province, are being pursued, that we’re getting closer to
having the system that we want. This is an important step towards
that.
Thank you, Madam Speaker, for the opportunity, and thank you to
the Attorney General for introducing the legislation.
D. Routley: I’m pleased to support this amendment to the Police Act and stand
in the House to support an effort to increase the capacity and ability
of the independent investigations office.
[11:25 a.m.]
It’s so important that British Columbians have faith in the
process — faith in their police force, faith in the courts, faith in the
political process. It is a challenge in any system when capacities are
exceeded. Any system that delivers a service will falter when capacities
are exceeded by an extraordinary amount for a long period of time, which
is what has happened here in B.C.
Of course, there is an attempt to fully citizenize the independent
investigations office — civilianization of the office is the term — so
that there is oversight from fully independent people who represent the
public. The task of doing such an investigation requires such technical
proficiency and legal proficiency that…. The office has found it very
difficult to recruit investigators over time, particularly from within
B.C., because of a rule that has a five-year limitation on service of
any ex–police officer in B.C. in the independent investigations
office.
This has placed a certain burden on the office in order to
maintain capacity. Not maintaining capacity means that investigations
don’t happen in a timely manner. Investigations not happening in a
timely manner means that families are left wondering and waiting at a
time when they should have resolution of their situations.
There’s also another change to the act which would ensure that
only cases with a reasonable likelihood of charge approval would be
referred to the Crown. That will go some distance to reducing the
workload of the office, given that some of the cases that have come
forward so far might not have come forward had that standard been
applied in the past.
Basically, not being able to hire police officers until five years
have passed since their employment as a police officer here in B.C. has
put considerable constraints on the office’s ability to hire and to
recruit. They have not been able to recruit from outside the
jurisdiction enough service to compensate for that challenge.
It’s important that this government act to support the functioning
and the efficiency of the independent investigations office. That’s what
these two amendments will do. They will restore the ability of the
office to keep up to its mandated task and to do it in a way that serves
people who are obviously in very difficult and challenging
times.
Obviously, the long-term civilianization of the office is a goal
that all of us, I think, would share — that an office tasked with
reviewing police-involved injuries or deaths would be fully independent.
And it is. But sometimes the best intentions can lead us to consequences
that weren’t part of the design. When the five-year limitation was
placed, it created a situation where it’s clear that the office would
not be able to recruit enough people from within the province. Then,
with other jurisdictions moving to establish similar offices, it becomes
more difficult to recruit people from other jurisdictions as
well.
This doesn’t mean that the independent office hasn’t been
attempting to keep up with this flow. It doesn’t mean that all the
people involved haven’t acted with the best intention and with
professionalism and efficiency. It’s just that when the demand is so far
in excess of the capacity of any office, it will, obviously, falter and
won’t function as it was designed to do.
The Attorney General has indicated that a new training program is
going to be put in place to ensure that a sufficient pool of adequately
trained and experienced candidates will be available to hire as
investigators. He said that once fully implemented, the planned training
program for civilian investigators will help solve this problem down the
road. However, British Columbians immediately need the IIO to complete
timely, comprehensive and high-quality investigations on extremely
sensitive matters.
[11:30 a.m.]
Obviously, when we’re dealing with these kinds of serious matters,
it’s not a simple government service. It involves, obviously, very
sensitive and personal issues in almost every case. And almost every
case is, by definition, very different. So the abilities and capacities,
the technical proficiency, of those who do the work need to be
maintained and need to be at a sufficient standard that we can go back
and ensure that people in British Columbia have confidence in their
police forces, in their court system, in the independent investigations
office that oversees the police and in the political process.
I think it’s all part of trying to restore and ensure a degree of
faith in the province amongst people who have, perhaps, been jarred by
recent news, with the prevalence of money laundering in this province
and challenges that have been, perhaps, politically motivated in
addresses that have been made to the Attorney General’s difficult
task.
I think that every little step we take that will help people feel
as though the system that protects them is just doing exactly that, any
step that we could take that would encourage people to not feel cynical
when they consider the likelihood of having a just outcome from a
complaint that they might have or a difficult situation they may have
experienced — all of this is important in restoring the faith of people
in the overall system.
These amendments deal specifically with the technical ability and
proficiency of the people doing the work, as well as the need to
maintain independence and freedom from any kind of bias. That is an
important perceptual difference that we must maintain. People must
perceive that there is that independence, and they must perceive that
there isn’t a conflict of interest on the part of those doing the
work.
Obviously, a five-year period where we can’t hire anyone who has
served as a police officer in British Columbia was put in place for a
very laudable purpose, in trying to maintain that there would not be,
perhaps, as many working relationships as there would be should there
not be a longer waiting period.
We face a difficult point of balance here, where the fact is the
office has not been able to maintain its orderly functioning, in that it
is not able to complete the investigations on time. It’s clear that it
has not sacrificed quality in the pursuit of quantity, but what that has
meant is delay and an inappropriate length of time to seek resolution on
the part of, particularly, families who have suffered a loss of one kind
or another.
It is an important bill, important to the Legislature. I thank the
Attorney General for being vigilant in trying to maintain the
functioning and efficiency of our judicial systems and policing systems.
I think that it’s a difficult task for anyone. I’m sure that the
complexities only grow as time goes on when we address any kind of legal
challenge in terms of public-policy-making.
Just as this five-year ban on hiring was a public policy decision
that was meant for the best of intentions, it’s one that brought
consequences that weren’t necessarily forecast or predicted. Therefore,
when we do take steps like this, we have to be additionally vigilant not
to allow ourselves to fall into a place where unintended consequences
would be the result of our actions here.
[11:35 a.m.]
I think the Attorney General has taken great strides and steps to
ensure that the steps taken would be intermediate in terms of trying to
preserve the functioning and efficiency of the office, while also
preserving the long-term goal of civilianization of the oversight of
policing in British Columbia.
With that, I will take my seat and thank the Attorney General for
bringing this bill forward.
S. Chandra Herbert: I should say I rise…. And yes, I’m wearing my Speaker garb absent
the robe. To be clear, it’s because I’m speaking as an individual
member, not as a presiding officer. I would remove the tabs as well, but
I know ties are required in this place, and I would not be allowed to do
that.
I start in just to say thank you to the Attorney General for
acting on this. The call to make the independent investigations office,
of course, independent and not arm-in-arm with police services was meant
to provide that independence so they could judge, from a fair distance,
interactions between the police and others where serious death…. Well,
obviously, death would be very serious, but a serious injury could also
be part of that. They assess whether or not reasonable steps were taken
by our police services to ensure that that didn’t happen, of course, or
that they were not involved in some sort of a criminal way.
Now, I sat as the Deputy Chair on a committee that looked at and
reviewed the independent investigations office about two years after it
was established. It was a challenging time, obviously. The office was
getting established, but we did, certainly, hear of some serious human
resource issues, some serious challenges in terms of being able to get
investigations completed and done in a fair way, in a good
way.
We heard from many people across the province about their desire
for a fair investigations process, because they wanted to have their
faith in their police services and in the justice system. I certainly
heard from police officers, as well, who were tired of people making
assumptions about them and the kind of work they did and wanted to be
clear that there is an independent process, whether it’s the Police
Complaint Commissioner or the independent investigations
office.
One of the recommendations that we made as a legislative committee
was — this was in 2016 — to make sure that we had appropriate
investigators. We heard about the challenge to hire people with enough
skill to be involved in these sometimes very highly complex
cases.
The legislated rule that they couldn’t be employed as
investigators here in B.C. for five previous years was lauded. People
thought that was a great idea and want us to continue down that path to
make sure that that does happen. But they also told us: “Don’t let
perfection be the enemy of the good, in the sense that we actually need
these investigations to occur.” We actually needed people to look at the
cases that were piling up. We need people with the skills to look at
them, not just anybody.
I think, certainly, you can go and do training at the Justice
Institute and many other places to get skills as an investigator to look
into these issues, but it takes time. It takes time to get the skills to
do the appropriate work. I think our police deserve skilled
investigators, just as the families and alleged victims deserve skilled
investigators, to make sure we get to the bottom of the story, because
crime scenes can be confusing places. People’s recollections get muddy
over time. Evidence is not always there, or it’s not always clear.
Sometimes it’s one person’s word against another. You need skilled
investigators.
This amendment is actually, in many ways, a direct response to our
report, where we called for the government to make it easier for them to
hire skilled investigators and not cut them off because of the five-year
time frame.
We set a course with caution. You want to still work to ensure
that we have skilled investigators. You want to train them. I’m glad
that the Attorney General and this government are dedicated to ensuring
we have more trained investigators to do this kind of work so that we’re
not as reliant on police officers from within B.C. Certainly, I think,
that is the direction that we continue to go in.
[11:40 a.m.]
We also have to recognize that in an economy as hot as ours, with
as many people working and with the lowest unemployment rate we’ve had
in many, many years, it’s challenging to find investigators just
floating around, with all the skills, not attached somewhere, not
already working. That’s the case all across Canada as well, I
understand.
Thank you to the Attorney General. I’m glad that although it’s
three years after we made the recommendation, we’re finally getting some
action on our committee report in terms of that specific request. I know
there have been a whole bunch of other changes within the independent
investigations office, the Ministry of Justice, the Ministry of
Solicitor General and within the police in general to respond to our
other arguments. Certainly, from what I’m told, things have improved
immeasurably in the independent investigations office since we did our
report, back in 2016.
Thank you to the minister. Thank you to the staff at the IIO.
Thank you to the staff at the police associations and police offices all
across B.C. Thank you to the advocates who also continue to stand up
for, sometimes, people who feel voiceless, who are not recognized, who
may have been hurt, who may have been injured and who want justice for
their own family and the victims as well.
It’s a tough job to enforce the law in this province. I have great
respect for those who step up to do it. It’s not easy by any means. I
think they deserve the best support we can give as a government. I thank
the minister for bringing some great support forward.
The Chair: Seeing no further speakers, the Attorney General shall close
debate.
Hon. D. Eby: Thank you to the members for their remarks in relation to the
bill, noting the challenges between balancing the goal of
civilianization with the reality of the IIO and their ability to hire
and train to date. As members have noted, there are significant steps
being taken to address that issue.
One member raised the issue of cooperation. I note that there is a
recent B.C. Supreme Court decision on the duty of cooperation. That
decision has been appealed to the B.C. Court of Appeal, and we’re
watching that very closely and waiting for the court to determine that,
at this stage, before acting on that issue.
With that, I move that the bill be referred to a Committee of the
Whole House to be considered at the next sitting…. Oh, pardon me. I’m
trying to get ahead of myself without a vote. That’s not how this place
works.
I move second reading of the bill.
Motion approved.
Hon. D. Eby: Thank you. I now move that the bill be referred to a Committee of
the Whole House to be considered at the next sitting after
today.
Bill 31, Police Amendment Act, 2019, read a second time and referred
to a Committee of the Whole House for consideration at the next sitting of
the House after today.
Hon. D. Eby: I call second reading of Bill M206, Residential Tenancy Amendment
Act, 2019.
BILL M206 — RESIDENTIAL TENANCY
AMENDMENT ACT,
A. Weaver: I move that Bill M206, the Residential Tenancy Amendment Act,
2019, be now read a second time.
I’m very proud to stand today in the second reading of the private
member’s bill that I introduced on March 7. I would like to take this
time to thank government for calling this bill for second reading and
for their feedback on it over the last two months. I’d also like to
recognize and thank the B.C. Liberals for making the first round of
family violence changes that were brought forward in the Residential
Tenancy Act amendments in 2015. Their work set the foundation for this
bill.
This bill before us today was developed in close consultation and
collaboration with West Coast LEAF and the Ending Violence Association
of British Columbia. I’m very grateful to both of them for their
advocacy and their leadership on this file. My office also spoke
extensively with LandlordBC, and they were very supportive of the
changes, just as they were in 2015, when the family violence provisions
were first brought in. I commend them for standing against
violence.
Lastly, thank you to the legislative drafters and editors who
worked through half a dozen versions of this bill to make sure every
word was just right and legally sound.
As canvassed in its first reading, this bill amends the
Residential Tenancy Act to provide tenants with the ability to end their
fixed-term lease if staying in their rental unit is a threat to their
safety or security. It expands on the constrained family violence
provisions introduced in 2015, and gives, for example, someone who is
sexually assaulted by their roommate or neighbour the right to break
their lease so that they can move to a safer home.
[11:45 a.m.]
The term “occupant violence” was first introduced and defined in
the bill presented at first reading to capture all violence associated
with the property, using an adapted version of the existing family
violence definition. After receiving extensive feedback from the
Ministry of Municipal Affairs and Housing, the distinction between who
is an occupant, who is a tenant and the overlap between the two may be
somewhat unclear to some people. So I’ve tabled, and you’ll notice on
the order papers, a number of amendments to try to clarify this. We’ll
move them at committee stage.
In particular, you’ll notice on the order papers the amendment to
section 1. We’ve changed “occupant violence” to “household violence,”
and that was based on extensive feedback from legislative drafters as
well.
The amendments adjust some of the language for clarity and
certainty, but the original policy intent remains. For example, I
propose that we replace the term “occupant violence” with
“household violence,” as I mentioned, to prevent any confusion that
arises from using the terms “occupant” and “tenant” in overlapping
sections. That was advised to us by government’s suggestions, but the
policy outcome, as I mentioned, is the same. This amendment act gives
tenants the right to break their fixed-term leases if staying in the
rental unit is a threat to their safety or security.
Another amendment that you’ll see on the order papers may be made
to the commencement
section to give the minister ample time for
consultation with the third-party verifiers before it comes into force —
a change I was happy to make, as they are key to the success of this
section of the Residential Tenancy Act. As it currently stands, for the
family violence section, written third-party verification of violence
can be provided by police, listed medical practitioners, counsellors,
First Nations support workers, victim support workers and others. So the
definition with respect to who can provide information in the family
violence
section is carried forward into this tenants or occupants or
household
section of the bill.
The previous Liberal government did an admirable job with the
development of the regulation that they put in place with the 2015
legislation. Having regulations that extend the verification powers
beyond law enforcement is vital, as not all survivors will be going to
the police as their first step. Some will choose to focus on working
with medical practitioners, First Nations support, counsellors,
etc.
In the case of domestic violence, for example, the risk of injury
or death can actually increase if a violent partner learns their spouse
had contacted police or is planning to or is leaving. Having a range of
professionals able to vouch for victims will allow them to choose the
safest option that they believe is in their best interests.
This bill also makes it clear that the regulations listing which
professionals and practitioners are authorized to provide the
confirmation statement about family violence will have the same powers
in cases involving household violence. Although simple in its structure,
the bill will have a significant impact on the people who need
it.
The Ending Violence Association of British Columbia estimates that
there are approximately 60,000 incidents of sexual and domestic violence
in British Columbia each year, over a thousand cases a week. In the
majority of cases, that violence happens in the home. Once that happens,
the home may no longer be a safe place for the victim or their children,
and the implications of that shift from the home to the scene of a crime
are profound.
I’m proud to be advancing this bill that will give survivors the
freedom to seek safety, security and the space needed to heal. No one
should be forced to live in close proximity to their perpetrator. This
bill supports survivors.
S. Chandra Herbert: I want to thank the member, the Leader of the Third Party, the
Green Party, for bringing forward this legislation.
I remember back to 2015 when the government of the day did move
the Residential Tenancy Amendment Act — I guess it would have been 2015
— to bring in some protections for people fleeing or leaving, escaping,
running from domestic violence in their household. I think it was
important legislation at the time.
I want to acknowledge the current Attorney General, the member for
Vancouver–Point Grey, for his work as critic in opposition for
forwarding some of these concerns.
I also stood at the time and made arguments for including a person
fleeing from violence from a neighbour, from the landlord, perhaps, or
someone else. I thank the member from Oak Bay for reminding me of those
comments. There have been so many times, I guess, that I’ve stood in
this House around residential tenancy issues and working to try and
improve the situation….
[11:50 a.m.]
That one I forgot, hon. Member. I looked it up, and I see indeed
we were working then. I thank the member for raising this today. It
didn’t come up in the rental task force hearings, but it clearly matters
to the advocates. I know it’ll make a difference for people found in
this situation.
[Mr. Speaker in the chair.]
That being said, I would like to move adjournment of the debate
and save my place to continue after lunch, if that’s all
right.
S. Chandra Herbert moved adjournment of debate.
Motion approved.
Committee of the Whole (Section A), having reported progress, was
granted leave to sit again.
Committee of Supply (Section C), having reported progress, was
granted leave to sit again.
Hon. D. Eby moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:51 a.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 26 — FINANCIAL SERVICES
AUTHORITY ACT,
The House in Committee of the Whole (Section
A) on Bill 26; S. Chandra Herbert in the chair.
The committee met at 11:05 a.m.
section 1.
Hon. C. James: As we have talked about in second reading, I think this is a
pretty straightforward piece of legislation. It does move to introduce a
new independent Crown agency. And as we talked about at second reading,
this really is an opportunity to ensure that our financial services
regulator is able to be effective, to be efficient and to deal with the
issues, the more modern issues, that have arisen in the financial
services area over the last number of years. So I look forward to the
committee stage discussion.
T. Redies: Thank you, Minister, and welcome, staff. This is a bill that is
relatively straightforward and, I think, something that we are
supportive of. We have a few questions, of course, and we’ll canvass
this.
I guess my first question would be with respect to the rationale
behind transitioning FICOM to a Crown agency.
Hon. C. James: As I mentioned, I think all of us would agree that we need to
ensure that a financial regulator can be effective, can be efficient,
can make sure that regulations are in place that serve, ultimately, the
people of British Columbia but, obviously, all the various sectors as
well — credit unions, insurance and trust companies, pensions,
mortgages. It’s a broad area covered.
As we’ve talked about, there’ve been reports come forward from the
Auditor General and others talking about some of the challenges that are
there at FICOM to do with the structure, to ensure there’s independence,
which really is the international standard.
In looking at and reviewing over the last year what structure
seemed to best meet the needs, seemed to meet international standards
and would ensure that kind of robust regulatory structure that was
important, we felt moving to a Crown corporation was that structure. It
will give us an opportunity, as I said, to be able to be consistent with
international standards and to be able to match up with best practices,
which, again, is that the regulators are independent.
As the member knows — we had a bit of this discussion in the
second reading — right now if there’s a surplus, for example, in the
budget, the regulatory organization, FICOM, has to bring that back to
government, not giving them the independence of a longer-term budget and
using those dollars to be able to meet the needs of the organization. So
this will also bring it in line with other provincial regulators, like
the B.C. Securities Commission.
Sections 1 to 3 inclusive approved.
section 4.
T. Redies: I wonder if the minister could explain how she sees the new Crown
agency functioning.
[11:10 a.m.]
Hon. C. James: This
section sets out the powers and the duties conferred under
the act. Maybe the way I can begin — and if the member has more specific
questions — is just to talk about the current FICOM. Currently FICOM is
responsible for the regulation of credit unions and insurance and trust
companies under the FIA. The superintendent of financial institutions
also has regulatory power under the Insurance Act and the Insurance
(Captive Company) Act.
I think it’s important to recognize that, going forward, the
authority is going to assume all of the powers and duties of FICOM — the
pieces that I’ve talked about — and will exercise its regulatory
authority in those areas in the credit union, the trust and the
insurance sectors.
The mandate is actually being expanded. The mandate of the
authority is being expanded to include, as I mentioned, the pension and
the mortgage broker sectors. That will give the authority to appoint the
statutory decision–makers under the Pension Benefits Standards Act and
the Mortgage Brokers Act. So it expands that authority and basically
brings them under the umbrella. It provides the opportunity for all of
those areas to be covered under the new Crown corporation, which, again,
looks at efficiencies, looks at the opportunity for regulatory powers to
be robust and to be able to suit the needs that are there.
T. Redies: Thank you, Minister, for that answer. These are all very
complicated businesses, as we canvassed in second reading.
Was there any concern or, I guess, a contrarian look at whether or
not it made sense to pull all of these complicated businesses together
in that — having the appropriate talent to run all of those businesses?
Was that looked at, at all, as a risk?
Hon. C. James: Certainly, all of those issues were looked at. It was a very
thorough review. We’ve taken the time to do the review around the best
kind of structure.
I think I’d point the member to two areas where that was taken
into consideration. One is the board and the board itself. We’ll see as
we get to further sections, but there is a requirement for those sectors
to be recognized in board appointments. So that gives, again, the
knowledge base that I think the member is referring to, making sure that
those areas are well represented. I think the board is one of those
strongest pieces where we’ll be able to get expertise from these
sectors, to be able to provide the oversight as the governance
board.
Then I think the second piece is the effective delegation, again,
which comes later in the bill. There will be a person to oversee the
Crown corporation, but effective delegation actually occurs to statutory
officers, and those statutory officers, again, will have expertise and
will be experts in their particular field.
I think that those two pieces will address the member’s questions
about how we ensure that all sectors are represented and well governed
in this organization.
T. Redies: Another issue we talked about in the second reading of this bill
was the issue that the current entity, FICOM, has in terms of finding
the right talent, mostly because of the wage restrictions under the
current authority.
[11:15 a.m.]
Again, in looking at making it a Crown agency to address that
issue, I wonder if the minister could tell us what she anticipates the
expected cost increases will be associated with this new Crown
agency.
Hon. C. James: The member is quite right. It’s certainly one of the issues that
have been raised by credit unions and others but also by the Auditor
General around staffing vacancies and the challenges of being able to
find staff at FICOM to fill those positions.
The organization is still going through their process. Obviously,
when the legislation passes, they’ll have the opportunity to be able to
develop their full budget. It is, as the member probably knows, a
self-funded organization. So the fees are paid by industry. Certainly, I
know the organization will need to go through that process of balancing
affordability for the organizations that pay fees as well as making sure
that they have a budget that will be able to attract and retain
staff.
I think there are two other pieces, though, that I’d mention as
well. One is that public sector guidelines…. Obviously, organizational
guidelines apply, just as they do with every other Crown corporation
around compensation. But I think the biggest piece…. And it comes back
to the independence. I think the biggest opportunity here for the
organization is that they will be able to manage their budget longer
term.
Right now every year the surplus comes back to government, and
they don’t have an opportunity to look at that longer-term plan, whether
it’s staff compensation, long-term guidelines around opportunities to be
able to recruit people or whether it’s their budget.
I think that the biggest benefit, from my perspective, is the
opportunity to have that independence and to be able to develop that
long-term plan, which will give them a chance to develop some of those
recruitment issues, address some of those staffing issues and do it in a
way that also continues to make it affordable for the organization over
the long term, rather than having to look at one year and then provide
the surplus back to government.
T. Redies: Thank you, Minister, for that answer. I mean, a number of these
businesses are experiencing challenges right now. So it is absolutely
vital that the new CEO and superintendent make sure that they balance
the need for cost recovery with the serious issues that the industries
are facing. I hope that that will be something that might be included in
the CEO’s mandate as an important balancing act.
We were talking a lot about the independence. I guess what I’d
like to understand, from the minister, is: what will be the FSA’s
relationship with government? Will it be fully independent?
[11:20 a.m.]
Hon. C. James: As with other Crown agencies, there’s a balance. There’s a balance
around accountability to government, to the people of British Columbia,
basically, through government. I think it’s important to just note that
they will be required to have a mandate letter. They will be required to
have a service plan. They will be required to have an annual report.
This is all through the Minister of Finance through their
accountability.
Their fees, for example, have to be authorized by government.
Again, that’s another check and balance. They’ll have to issue a
financial statement to be able to show their budget. Again, it’s a
balance around the accountability to government through those
mechanisms. But basically, they have operational and regulatory
independence.
Those are the pieces that will be in their control as a Crown
corporation and that they will do. Their reporting process brings the
accountability, then, back to government and to the people of British
Columbia.
T. Redies: Just to confirm with the minister, does that mean that the Crown
agency will not be used as an instrument of government
policy?
Hon. C. James: No. It’s important for that independence to be there when it
comes, particularly, to regulatory authority and operational authority.
That will be their mandate.
T. Redies: Again, these are really important questions, because for the FSA
to function properly it does need to have arm’s-length ability to make
independent decisions in these matters.
The minister has been speaking with respect to international
standards and bringing these sectors up to international standards. I
wonder if the minister could comment about how she sees these changes
fitting into the Basel core principles and what, if any, other work is
being done in that regard.
Hon. C. James: I think the biggest international standard that this meets and
that is critical and important and is, in fact, a part of Basel III —
but part of other discussions — is the independence of the
regulator.
[11:25 a.m.]
That’s really what you see in the moving to a Crown corporation.
It’s the ability to have that operational and regulatory independence,
which is one of the strongest recommendations coming forward.
That’s not the only place the Basel III discussions are occurring,
as I think the member knows. I know we talked a little bit about this in
the second reading as well. The Financial Institutions Act review is
still going on. That’s a review still happening. There is further
discussion around Basel III and other things during that review. Those
discussions will continue to occur. But the biggest recommending out of
Basel III is the issue of the independence of regulators, and that’s
what we’ve looked at in this act.
T. Redies: Thank you, Minister, for that answer. We’ve been talking a little
bit about the need for balance with this legislation, and I think one of
the concerns I’ve had when I’ve read some of the releases of government
is that it makes this kind of overarching statement about the need for
these institutions to meet international standards.
[N. Simons in the chair.]
Of course — and I think I’ve said this in the second reading — the
risk profile, just for example, of the credit unions is quite different
from the risk profile of the big financial institutions. When you’re
talking about regulations, rules, there are costs associated with that,
and there are also impacts to customer service as well.
I guess my question to the minister is: how is she, through her
ministry, going to make sure that there is balance in this process? I
have actually seen the heavy-handedness of regulators, in some cases.
Again, looking to apply international standards is kind of like using —
dare I say? — a shotgun to kill a mouse. We have to be very, very
careful that the regulation is smart regulation, that it’s not excessive
regulation. I’d just like just to hear from the minister how that
balance is going to be maintained.
Hon. C. James: From this perspective, I think there’s no question that we agree
that B.C. has a unique context when it comes to credit unions, in
particular, and when we talk about international standards, it’s always
important to put them into the B.C. context. I would agree with the
member that it’s not taking the standards from somewhere else and
presuming one size fits all. We know that when it comes to B.C., we have
diversity. We have diversity in the size of credit unions, for example.
Different rules may apply in different kinds of ways.
That differential already exists in international standards. There
are those things taken into account when international standards are
looked at for provinces. That’s certainly our expectation. It’s critical
to look at how we support B.C.’s context and how we ensure that the
regulations that come in look at the differential we have in B.C., look
at the diversity we have in B.C., support it and not take, as the member
said, a heavy hand to one size fits all. That’s not the approach that is
being taken here.
T. Redies: I think the minister appreciates the uniqueness of, certainly, the
credit union system and the other industries in B.C. I guess my question
is more around: given the independence of the regulatory authority, if
there is a challenge in this area, what will the Finance Ministry do
about that?
[11:30 a.m.]
Hon. C. James: I think rule-making, which is kind of what I think the member is
referring to…. The discussion around that right now…. The authority sits
with the Financial Institutions Act. The discussion around rule-making
and constraints…. It’s not quite the word I want to use, but I think the
member knows what I mean.
Constraints, or checks and balances, on that regulatory authority
are being discussed right now as part of that review for the Financial
Institutions Act, looking at checks and balances like ministerial
approval, which would provide that balance that’s there. An appeal
process still remains, so if there were institutions, or others that
felt that there was a challenge with a rule coming forward, the appeal
is still there. So there’s no change in the authority around FICOM
moving to a Crown corporation.
That discussion — which is a critical discussion, as the member
points out — is happening through the Financial Institutions Act, and
the checks and balances are being looked at as part of that
consultation.
T. Redies: I appreciate that. Again, that’s very important.
Sections 4 and 5 approved.
section 6.
T. Redies: Again, the board of governors and its governance are a very
important aspect of the successful functioning of this new regulatory
authority. The minister was speaking a bit about making sure that there
was industry experience on the board. But the legislation is pretty
light with respect to that. It’s very general. I wonder if the minister
could talk about what the process is going to be in terms of appointing
the board. Is there going to be any consultation with industry on
that?
If the minister could also talk about what she sees as the main
duties of the board with respect to this authority.
[11:35 a.m.]
Hon. C. James: Just to talk first about the process for the board…. The member
asked about the process. Just as with other agencies, organizations and
Crown corporations, it’ll go through the usual board process, CABRO
process, in government — merit-based, looking for people’s experience
and qualifications.
The member asked what kinds of things we’ll be looking for. I
think I’ve mentioned one already, which is financial services experience
in the areas that are covered by the Crown corporation. We want to make
sure, again, that we’ve got a variety of people with experience in those
sectors so that the sectors are represented.
I would suggest we’ll also be looking at how we balance corporate
board experience, governance experience that people may have had, with
financial and regulatory experience. I think each of those is important.
These aren’t people who are staff in the organization; they’re board
members. I think it is important, obviously, that they have the
financial and regulatory experience, but I also think if we’re able to
find people who have the corporate governance experience, that will
provide us with an ability to be able to look at that balance in the
role that’s there.
Then, I know, throughout the legislation — certainly in
section 8
— it talks about some of the authorities set out for board members. The
authorities will carry over, so there’s not a lot of change from the
authorities that carry over from the act. Where there would be some
additional pieces, obviously, would be to establish a CEO. This is a new
organization, so they’ll need to establish a CEO. They’ll supervise
management. Then the usual kinds of resolutions and bylaws and putting
the structure in place will also be board members’ authority.
T. Redies: Is the plan for the chair to be an independent chair or an
executive chair?
[11:40 a.m.]
Hon. C. James: I think I’ve got the member’s terminology, what the member is
using. Like the B.C. Securities Commission, they will not also be a
staff person; they will be an independent board chair, from that
perspective.
T. Redies: That’s good to know. I was asking that question because B.C. Hydro
has an executive chair. That’s why I was asking the question.
In terms of the makeup of the board, which I think is two to 11
directors, we’ve seen with other boards, at least from an industry
perspective, that sometimes there isn’t adequate representation from the
industry. Is there going to be a prescribed number from each industry
for the board? If there isn’t, is it the expectation that the majority
of the board will have expertise in one of the sectors that is being
regulated?
Hon. C. James: There aren’t prescribed numbers. We think, again, it’s important,
as I talked about earlier, to look at how we balance that corporate
governance experience with financial and regulatory experience. We want
to make sure that we have the sectors represented, but you see in the
broad numbers that we want to make sure that we’re broadly represented.
There aren’t specifics, but, again, we’ll be looking at all of those
sectors. We’ll be looking at people’s financial experience. We’ll be
looking at people’s governance experience and looking at that balance on
the board.
T. Redies: I wonder if the minister could enlighten us as to what she expects
the costs will be with this, with respect to the board.
Hon. C. James: It fluctuates, obviously, depending on the number of meetings.
Basically, the cost of the board is the per diems. The estimated amount
for the ’19-20 year would be $130,000. That’s been about the amount that
has been there for members. There are seven members now, moving up to 11
— again, a proportional increase. But this is based on per
diems.
[11:45 a.m.]
T. Redies: Just one quick question. Again, the importance here to get board
members who really understand the business is absolutely critical. On
observation, that doesn’t sound like a lot of budget to acquire the type
of talent that the minister is looking for. Is it the expectation that
that budget might increase, then?
Hon. C. James: That’s budgeted per diem. There’s a laid-out per diem within
government for boards, agency boards and commissions. That’s the
existing per diem.
Sections 6 to 9 inclusive approved.
section 10.
Hon. C. James: Noting the hour, I move that the committee rise, report progress
and ask leave to sit again.
The Chair: The members reserve the right to ask on
section 10. Thank
you.
Motion approved.
The committee rose at 11:46 a.m.
PROCEEDINGS IN THE
BIRCH ROOM
Committee of Supply
ESTIMATES: MINISTRY OF
HEALTH
(continued)
The House in Committee of Supply (Section C); M. Dean in the
chair.
The committee met at 11:06 a.m.
On Vote 31: ministry operations, $20,698,339,000
(continued) .
Hon. A. Dix: I wanted to start by answering a couple of questions asked by the
member for Richmond South Centre yesterday. I promised to get
back.
The member had asked, with respect to care standards and facility
staffing in long-term care, what the number of facilities was under 3.00
and under, I think, 2.90. I think she asked those questions. Members of
the committee will know that the provincial standard is 3.36. At the end
of the fiscal year 2016-17, between 86 percent and 90 percent of
facilities in B.C. were below standard.
The member asked a different question, which is, essentially: how
far below standard were they? This is the answer. At the end of 2016-17,
88 care homes in B.C., or 30 percent of the total, were below 3.00. In
other words, approximately 20 percent below standard. At the same
period, a full 75 of those — and I’ll share the graph with the member
after the session — were below 2.90. So a full 26 percent of care homes
were below 2.90, which is roughly three hours and 15 minutes a week
below standard, per resident, in long-term care. That was at the end of
March 31, 2017.
What has been the effect of the measures that have been taken by
the government? As noted, there were 88 facilities under 3.00.
Essentially, when I became Minister of Health, at the end of the first
year of our plan to improve staffing levels, that number was down to 38.
We went from 88 to 38 under 3.00, which is, to say the least, a
significant improvement.
More significantly, on the 2.9 number, the care homes were almost
all either private or non-profit care homes. In fact, they were all
private and non-profit care homes. There were 75, as noted, below 2.90,
which was dramatically below standard, I would say, by any measurement.
That number has been reduced to seven. So we’ve gone from 75 which were
three hours and 15 minutes a week below standard to seven in the entire
province, which is, I think, an enormous success — for the government,
for the need for the policy, but also for the care providers and the
workers involved.
Those are the statistics there, and I’ll happily share this graph
with the member.
[11:10 a.m.]
The member had questions with respect to the care aide registry.
Questions had been raised yesterday, amongst others, by the B.C. care
providers. I wanted to note a few things about the registry. The
registry employs five people — that was one of the member’s questions —
to support the registry process.
The member asked about B.C. graduate registration processes. The
response is that processing time is usually five business days, with
proof of successful completion of a recognized training program for
HCAs. However, depending on the complexity of the application, of
course, some may take longer, but five days is the standard. So within
B.C., not a significant barrier.
The member noted some of the concerns around people coming from
either outside of the country or outside of the province. She will know
that in 2016, the Ministry of Health instituted a standard called the
nursing community assessment survey. That was a decision by the minister
of the day which changed somewhat and essentially raised standards for
care aides in British Columbia. That was the decision by the previous
government. That decision has had some effect, I would say, in terms of
the processing and the success of people making it through the
regulatory process.
That standard, which was established and put in place by
government and funded by government in 2016, was put in place for
international education in health care — in the international process,
for people from outside of Canada — on January 1, 2017, and for other
provinces in Canada, on January 1, 2018. So the decision was in ’16,
internationally applied on January 1, 2017, and applied to Canadians
from other provinces on January 1, 2018.
Just to give a sense, because the member asked questions about who
was getting through and who wasn’t, on the international side, there has
been a 54 percent application registration rate since the NCAS
implementation. You’d argue that was either significant or not. If you
believed in what Minister Lake was doing, then you would say that there
were people below standard, and this is raising the standard, and that’s
the consequence of that. Or you would say that there are concerns about
people getting through the process.
On students going through the Canadian process, there was an
overall 23 percent application to registration rate since the NCAS
implementation.
The member asked, I think, fair questions about that process, as
did the care providers. I’ll certainly be looking at that. But those are
the facts about those questions which the member asked
yesterday.
T. Wat: Thank you, Minister, for the time.
Richmond has the fastest-growing senior population in B.C., and
many of them are Chinese-speaking. In the next 15 years, the projected
growth of the 65-years-and-older age group is 121 percent compared to
102 percent for the province.
Surrey. The senior population is set to grow by 144 percent in the
next 25 years, and many of those seniors in Surrey are South
Asian.
These two largest ethnic senior communities are in particular need
of attention, as their language barriers and cultural concerns often
limit their options for suitable culturally sensitive residential
long-term care homes.
I’m glad to learn from the Finance Minister’s Budget 2019 speech
that this government is investing in senior care with hundreds of new
beds. Would the minister let me know if any culturally sensitive
residential long-term senior care homes are in the pipeline?
Hon. A. Dix: It’s great to be here. I don’t think that this room has been so
full in a long time. I’m delighted to see that, contrary to the fact
that we’ve moved from the Douglas Fir Room, we’re still drawing well for
MLAs. Anyway, this is good news.
I thank the member for her question. The short answer is yes.
There is a process going on right now in Surrey for new beds, and that
standard — the culturally sensitive standard — is key to that process.
It’s an RFP process, so the decisions are independent of me. But the
directions have been given, and that’s going forward.
I would expect more such processes in the future. I think they are
important. I think that’s important. Specific RFP processes for new beds
are important. As well, improving standards in existing facilities is
really important.
I think the thing we were talking about before the member got up —
raising care standards — is an important part of that. Ensuring that
people have access to the personal care that they need is very important
to that. I attended an event recently at Lakeview care home, which is
near Trout Lake in Vancouver, which I would say has a majority of
residents who are Chinese Canadian. You see that in the changes that
they’ve made in care standards and in the quality of care and in the
types of care, particularly around issues such as food.
[11:15 a.m.]
I think SUCCESS recently sponsored a very useful conference which
addressed some of these issues. The Premier himself attended a session
that was led by SUCCESS on that matter, so it’s a high priority for us.
You’re seeing that reflected in policy changes, in investments in the
sector, in improving standards in the sector, in improving supports for
respite care — which are very important for all communities, including
immigrant communities — and, of course, specific RFP processes that are
taking place right now, more of which are expected to follow.
T. Wat: I’m glad to learn from the minister that that’s the
priority.
Just now the minister mentioned that there’s progress in Surrey.
From what I understand, there’s not even one long-term residential care
home for the Punjabi-speaking seniors in Surrey. Right now they’re being
located in Surrey Hospital. I understand that PICS is trying to raise
funds for a culturally sensitive long-term care home in one part of
Surrey. Is the government funding this culturally sensitive long-term
care home for the Punjabi-speaking seniors?
Hon. A. Dix: There is, in fact, a process taking place right now which started
with an RFQ process. Obviously, we have competitive processes, so it
would not be appropriate for me to direct that process in the direction
of a particular organization. That will be judged on the merits of the
proposal. But culturally sensitive care is at the centre of that
proposal. If the member has been to the really extraordinary
assisted-living home run by PICS in Surrey, she’ll know the quality of
that care.
I would say as well, though — and this is an important fact — that
we fund a significant number of care homes in Surrey, in Vancouver, in
Richmond, and while establishing new care homes that focus on culturally
sensitive care is important, we’ve also got to take steps, it seems to
me, to improve the quality of care across the board.
We’re never going to fund, overall, enough care homes so that we
have one set of care homes for people who, for example, speak one
language and one for another. In Burnaby, as the member knows, New Vista
is building a care home. There’s support from the Korean-Canadian
community there. That’s an exciting proposal. So you are seeing these
proposals develop, and they are significant.
I wanted to give a couple of other examples of some of the
training that’s going on within, particularly, Vancouver Coastal Health
but other health authorities. For example, within Richmond and the area
of the hon. member, Vancouver Coastal Health Authority offers something
called DementiAbility, which is a person-centred approach to care that
acknowledges a person’s culture and background in framing how care is
provided. Part of it is training, part of it is communication and part
of it is establishing new standards to reflect the residents who are in
our care homes.
After all, these are, beyond everything else…. There’s always a
debate about this. We sometimes debate about whose home it is. Whose
home it is, is not the owner of the facility. Whose home it is, isn’t
the volunteers in the facility, although they’re wonderful. Whose home
it is, isn’t the staf