British Columbia Committee Hansard (Blues) — Tuesday, May 28, 2019 p.m. — Number 264 (HTML) (41st Parliament, 4th Session) (20190528pm-CommitteeC-Blues)
20190528pm-CommitteeC-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, May 28, 2019
Afternoon Sitting
Issue No. 264
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Point of Privilege
M. Bernier
Orders of the Day
Committee of the Whole House
Bill 30 — Labour Relations Code Amendment Act, 2019 (continued)
J. Martin
Hon. H. Bains
M. Lee
A. Weaver
Reporting of Bills
Bill 30 — Labour Relations Code Amendment Act, 2019
Committee of the Whole House
Bill 15 — Agricultural Land Commission Amendment Act, 2019 (continued)
M. de Jong
Hon. L. Popham
M. Bernier
L. Larson
I. Paton
M. Hunt
T. Stone
B. Stewart
D. Clovechok
S. Gibson
D. Barnett
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 22 — Forest Amendment Act, 2019 (continued)
J. Rustad
Hon. D. Donaldson
C. Oakes
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Attorney General
(continued)
T. Redies
Hon. D. Eby
S. Bond
M. Morris
J. Yap
M. Lee
J. Thornthwaite
TUESDAY, MAY 28, 2019
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Routine Business
Point of Privilege
M. Bernier: For those that were in the House yesterday, they know that I rose on a
point of order during debates. Yesterday the member for Nanaimo–North
Cowichan made some very inappropriate, unparliamentary and intemperate
comments in this House that offended me as an hon. member of this House.
From the Hansard recording that I went and checked afterwards, in the audio,
the member can be heard saying, amongst other comments: “Not a chance, you
fat….” Another “f” expletive that I’m not going to use.
I am asking that the member withdraw his comments in this
House.
Mr. Speaker: Thank you, Member. I will take that under consideration.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued committee stage debate on Bill 30,
Labour Relations Code Amendment Act. In the Douglas Fir Room, Committee A, I
call continued committee stage debate on Bill 22, Forest Amendment Act. And in
Committee C, the Birch Room, I call continued estimates debate for the Ministry
of Attorney General.
[1:35 p.m.]
Committee of the Whole House
BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT, 2019
(continued)
The House in Committee of the Whole (Section
B) on Bill 30; J. Isaacs
in the chair.
The committee met at 1:37 p.m.
section 8.
J. Martin: Welcome back, everybody, as we continue on this piece of
legislation, Bill 30. I’m very happy to carry on the discussion. Right
now on
section 8, a few questions for the minister. Under what
circumstances could a trade union apply to the board for an order
declaring the collective agreement expired?
Hon. H. Bains: Member, we talked about Bill 6. It is about a raid. If members of
one union decide to join members of the other union, and if they are
successful, the incoming union…. Then it gives them the right. If that
existing collective agreement has more than two years remaining in the
term of that agreement, then that union can apply to the board to reopen
that collective agreement and start bargaining and renegotiate on the
agreement. But the board has the discretion. The board needs to be
convinced that the application has merit.
J. Martin: Thank you for that. I’m always curious in a
section such as this
how we come to arrive at a particular number, 24 months. What was the
rationale? What was the evidence that 24 months is the proper number to
attach to this section?
[1:40 p.m.]
Hon. H. Bains: Member, this was something that was decided by the panel. Also, I
think the real intent behind this is this. If members are leaving one
particular union with a collective agreement that may be inferior to the
rest of the industry, and they wish to join a different union and bring
them in, and if there is a collective agreement that is going to last
another six, seven, eight years, then they’re stuck with that collective
agreement. They cannot make progress.
Again, it is saying that if it’s more than two years, it’s just
showing that they’re talking about…. If there is extra, I guess, time
given to the collective agreement — as I said, five, six, seven, eight
years — and the members are not happy with that, they may decide to
change unions. If the new union comes in and if more than two years are
left in that collective agreement, they can apply to the board to reopen
the collective agreement and renegotiate. I think this is something the
panel heard from stakeholders. They came back with a unanimous
recommendation on this.
J. Martin: I’m always curious, also, about the minister and the ministry —
the amount of thought that they’ve given to the impact that this may
have on financial decisions and stability for employers when they bid on
projects or make capital investments. It’s hard to imagine that this
isn’t going to be one of the variables that will have to be taken into
account.
If a new collective agreement could be struck mid-project, how
will an employer be able to properly bid on one, not having the security
of knowing what their labour costs are going to be throughout the life
of that project?
Hon. H. Bains: This is what the panel, when they were going around seeking input,
said. I’m just quoting from the panel’s report. “The panel heard
concerns that successor unions may inherit substandard collective
agreements with long durations. However, parties often negotiate
longer-term collective agreements for reasons of stability and
certainty, and employers rely on these terms to make bids or capital
investments and spending decisions — for example, project labour
agreements — which could be significantly impacted if the collective
agreement could be reopened following a successful raid.”
Then they went on to say this. “In difficult-to-organize sectors,
unions may negotiate basic agreements as a first step in those sectors.
A successor union should be able to apply to the board to have a
collective agreement reopened, and the board should have discretion to
grant such relief in extraordinary circumstances having regard to its
section 2 duties. This would permit the exercise of this discretion,
where, for example, terms of the collective agreements are clearly
inferior to the norm of the sector.”
Member, what we also need to look at…. They look at the other
jurisdictions as well. Again, we’re not reinventing the wheel. If you
look at Ontario and Quebec, their collective agreements cease to operate
following a successful raid. It ends. In Alberta and Newfoundland and
Labrador, the collective agreement can be terminated by the successor
union providing the employer with the prescribed period of notice. In
Canada, following a successful raid, the successor union may give notice
to commence bargaining. In Manitoba and New Brunswick, a collective
agreement may be terminated by the successor providing notice and with
the consent of the board.
[1:45 p.m.]
It is something that is quite normal. The panel heard these
inputs, and the information came from all stakeholders. They considered
all of that, and they came back with a recommendation they believe is
timely and is something that is needed.
J. Martin: Can the minister perhaps speculate on what impact 27.1 will have
on the community benefits agreement projects?
Hon. H. Bains: I will not speculate, but I will say that labour board has the
expertise, experience. They will hear input from both the union and from
the employer. If the employer has some concerns why the collective
agreement should not be reopened, then they’ll make a decision based on
the information received.
Employers can have their submissions. The unions will have their
submissions. It’s the normal work of the labour board. Then they will
make a decision, whether both parties provide the information and
submissions include all the information that they need to make a
decision. They will make the right decision.
M. Lee: I’m pleased to join my colleague the member for Chilliwack in this
committee stage discussion on
section 8. In view of the comments made by
the Minister of Labour, I just want to continue on with page 18 from the
panel’s report that the minister was quoting from. There is a particular
paragraph that I think is something that we understand in the
industry.
I’m looking at how contractors and construction companies and
others work with unions for stability and certainty — certainly, two
principles that the Minister of Labour has talked about, the purpose of
these labour relations code amendments, as well as the member for Oak
Bay–Gordon Head — recognizing that certainty and a consistency are
necessary for this code to go forward.
The statement is that a successor union should be able to apply to
the board to have a collective agreement reopened, which is the purpose
of this amendment, certainly, and the board should have the discretion
to grant such relief in extraordinary circumstances, having regard to
its
section 2 duties. So the discretion the Minister of Labour just
spoke to, certainly, would be with a view that currently under
section
27(1)(
c) of the code: “If a trade union is certified as the bargaining
agent for an appropriate bargaining unit…if a collective agreement
binding on the unit is in force at the date of certification, the
agreement remains in force.” That is under the current code.
Despite what it is in other provinces in this country, that’s what
the code says today. The proposed amendment, of course, would vary from
that, and in doing so, provides the board with this opportunity or
ability, where a successful successor has seated with a new bargaining
unit.
That needs to be met with the duties under the code, which are set
out in
section 2(
b) and (d). That is the board needs to ensure that when
they’re exercising the powers and performing the duties, under the code,
they foster “the employment of workers in economically viable
businesses,” and that in sub (d), “encourages cooperative participation
between employers and trade unions in resolving workplace issues,
adapting to changes in the economy, developing workforce skills and
developing a workforce and a workplace that promotes
productivity.”
[1:50 p.m.]
For these reasons, and for the reasons that the member for Oak
Bay–Gordon Head indicated earlier in our discussion around
section 6, in
our view — at least the view of the B.C. Liberal caucus — there should
be consideration to the panel’s report and the passage that I just read
out, which would suggest, in the panel’s view, that this discretion that
the board has to effectively reopen the collective agreement for
agreements that are two years or more remaining on that agreement only
be exercised where there are extraordinary circumstances.
With that in mind, I would like to propose an amendment to
section
8. This amendment, which has been reviewed with legislative counsel,
merely amends
section 27.1(2)(a).
SECTION 8, by deleting the proposed
section 27.1 (2)
(
a) and substituting the following:
(
a) if there are extraordinary circumstances, having
regard to the board’s duties in
section 2, make an order declaring
that the collective agreement expires 90 days after the date of the
order, or ]
On the amendment.
M. Lee: The intention of this amendment is specifically to ensure that
when boards are looking to interpret this provision of the act, keeping
in mind their duties under
section 2 of the code, that they recognize
that, in view of the panel as well…. There has been a great weight put
in the debate around this code amendment on the panel’s report. I would
say that, as the member for Oak Bay–Gordon Head noted earlier, there are
very few departures by this government in the code amendments that they
brought forward.
Our suggestion, though, is that on this particular
section of the
bill, as it amends
section 8…. This particular review done by the panel,
which had no dissenting opinion on this set of recommendations,
recommendation No. 11…. The lead-in to that would suggest that that new
ability of the board to terminate a current collective agreement and
replace it with a new one should only be done in extraordinary
circumstances. That’s the purpose of this amendment.
Hon. H. Bains: I’m speaking against the amendment. There were very capable
members of that panel. All three of them are lawyers. One came from the
union side, another from the employer side, and there is an independent
arbitrator. They looked at all of those arguments. All those arguments
were presented to them. They listened, also, to the union side and the
workers’ side — and with their own experience.
If you look at the combined experience of that panel, it’s very
impressive. I think each one of them has over 30 years of experience in
labour law. They have practised labour law all that time. They know
exactly every wording and the meaning of what we are proposing when it
goes before the board. They’ve been to the board on a regular basis.
They made a decision based on the presentations that were
made.
I’m suggesting to this, that this language…. By adding any other
language than what they have considered I think will defeat the purpose,
and it should not be accepted.
[1:55 p.m.]
As the member for Oak Bay–Gordon Head and the leader of the Green
Party said, they are looking for an evidence-based approach, and I think
this is exactly where we are going. The panel considered evidence. They
came back and made some recommendations, in considering their own
experiences dealing with the board and the language that is being used
here.
I will go with the panel’s recommendations. I think they came back
with a very, very comprehensive but, in my view, I would say, a very,
very balanced approach. As my friend from the Greens has said, the
pendulum swings, but they avoided all that. There were a couple of areas
that we thought we needed to tweak, but I think this is one area that we
should not touch. This is something that they considered deeply. I think
we should defeat this amendment, and I will not support it.
A. Weaver: I rise to provide support to the minister with respect to his
views on this amendment. We understand where the official opposition is
coming from. On page 18 of the expert report — as the minister said, it
is a superb report — the experts state as follows: “A successor union
should be able to apply to the board to have a collective agreement
reopened, and the board should have discretion to grant such relief in
extraordinary circumstances, having regard to its
section 2 duties. This
would permit the exercise of this discretion where, for example, terms
of the collective agreements are clearly inferior to the norm in the
sector.”
The words there were contained in the
preamble leading up to the
formal recommendation. As the minister pointed out, we believe that in
fact the expert panel were, in their recommendations, very thoughtful in
terms of the exact usage of language. Were we to add the words
“extraordinary circumstances” into the recommendation, I would suggest
that this is actually going a step further, because the panel was
actually quite careful in not using the words in the actual
recommendation.
With that, I will take my place, noting that we will not support
this amendment.
M. Lee: I would just note for the record, though, that in the specific
recommendation on page 18, under recommendation 11 of the panel’s
report, the exact wording is not what is reflected in this bill. The
comment that we are making is that it’s very clear that the panel turned
its mind to the kinds of circumstances under which the board would
exercise its discretion — certainly along the lines of its regard to
section 2 duties.
The amendment speaks to two parts — extraordinary circumstances
and that it’s done in line with regard to the board’s duties in
section
2. Both of those statements are stated in the lead-in to this
recommendation, and this is exactly what the panel turned its mind to.
Our amendment really reflects just the commentary by the panel in
respect of when this discretion would be exercised. So I do think it’s
in line with the panel’s report.
The Chair: Members, the question is the amendment on Bill 30,
section 8,
as proposed by the member for Vancouver-Langara.
[2:00 p.m.]
Amendment negatived on the following division:
YEAS — 40
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Reid
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Thomson
Larson
Foster
NAYS — 44
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Malcolmson
Furstenau
Weaver
Olsen
Glumac
Section 8 approved.
[2:05 p.m.]
The Chair: Sections 9 through 27 have already passed.
Title approved.
Hon. H. Bains: I move that the committee rise and report the bill complete with
amendment.
Motion approved.
The committee rose at 2:06 p.m.
The House resumed; Mr. Speaker in the chair.
Reporting of Bills
BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT,
Bill 30, Labour Relations Code Amendment Act, 2019, reported complete
with amendment, to be considered at the next sitting of the House after
today.
Hon. M. Farnworth: In this chamber, I call continued committee stage on Bill 15,
Agricultural Amendment Act.
[2:10 p.m.]
Committee of the Whole House
BILL 15 — AGRICULTURAL LAND
COMMISSION
AMENDMENT ACT, 2019
(continued)
The House in Committee of the Whole (Section
B) on Bill 15; J. Isaacs
in the chair.
The committee met at 2:11 p.m.
section 1 (continued) .
I. Paton: As the representative of the Ag critic role…. We’re working on
section 1, as of late yesterday afternoon. I’d like to turn things over
to the member for Abbotsford West to continue his
questioning.
M. de Jong: We were talking yesterday, when we left off, about the pathway to
the creation of
section 1 and the process that the minister and the
government followed with respect to this
section and, presumably, most
of the others.
We were talking about the RFL process. I wonder if the minister
could explain in a little more detail. When I say “RFL,” referring to
the request for legislation — I think we ascertained that the minister
signed off on the RFL — what is it? I’m familiar with the document.
There was a three-column document that laid out, in a fair amount of
detail, what the policy choices were, and they were instructions —
drafting instructions, as it were — to leg. counsel. When the minister
refers to a request for legislation, is she referring to the same
thing?
Hon. L. Popham: Yes.
M. de Jong: So maybe the minister could explain. What are those three
columns?
Hon. L. Popham: There are three columns. One is the current state, one is the
proposed change, and one is the rationale for the change.
M. de Jong: The document is intended, I take it, to provide a comprehensive
set of instructions to leg. counsel around which they can complete the
process of drafting the bill. Is that correct?
[2:15 p.m.]
Hon. L. Popham: Yes.
M. de Jong: I think we also established yesterday that the minister signed off
on the RFL that was the precursor to the bill — the drafting
instructions for this bill — sometime in July of last year. That’s what
the minister, I think, indicated. And I think the minister indicated
that she would get the date for the committee that those instructions
were signed off by her.
Hon. L. Popham: The date that I signed off on the RFL was June 15.
M. de Jong: I’m going to suggest that the chronology of events that she has
been advancing around how this legislation was created, and the manner
in which it was created, is a little different today than what we might
have been led to believe. If I misstate this, I know the minister will
correct me.
I think the minister, it is fair to say, has gone out of her way
in the past to suggest that a committee was appointed. They were sent
out to do their work. They began that work. They were struck in 2018 on
the strength of an interim report that she received. I think she
received it on the first of August, because I think the date on the
report is July 31. On the strength of that work — that interim report
and the recommendations — she set about to breathe legislative life,
statutory life, into those recommendations.
I’m having difficulty reconciling that narrative with what we have
just learned in the short time this committee has been considering
section 1, which is a detailed RFL with detailed drafting instructions
signed off by the minister a full month and a half before she even had
the interim report. I can’t reconcile what the minister has been saying
with that factual chronology. I’m interested to know how the minister
purports to reconcile that.
[2:20 p.m.]
Hon. L. Popham: Thank you for the question. I’ll just run down a little bit of
information for the member’s benefit. The end date for the independent
committee’s consultations was identified as March 21, 2018. Up until
that time, there were nine regional stakeholder meetings that began on
February 5 and ended on March 22. They began on February 5 with Richmond
and ended on March 15 with Prince George. Additional meetings were
added. The ALC commissioners were March 7. The Peace River regional
district and UBCM were on March 22.
Also identified in the terms of reference was that there was
expected to be an advanced early draft report, which would come to me.
This would be a list of recommendations which would be considered for
legislative and regulatory changes. Also, what was laid out in the terms
of reference is that I was to receive a final interim report on July 31.
This report would be available for public consumption. But all the way
along, there were opportunities for contact and conversation that would
keep me up to date on any further conversations or input that was
necessary.
M. de Jong: It sounds like the minister is advising the committee that the
basis for the creation of the RFL — insofar as the committee, at least,
was concerned — was something she called “an advanced early draft
report.” I wrote down the term she used — that she received “an advanced
early draft report.” She has contrasted that with what I think she is
now referring to, the July 31 report, as the final interim report. If
I’m mistaken about that, the minister can correct me.
When did she receive the advanced early draft report, and will she
table a copy with the committee?
[2:25 p.m.]
Hon. L. Popham: From the terms of reference: “Early recommendation report on
proposed legislative amendments to be considered by the minister based
on consultations and research findings, due in April ’18.” I received
the advanced early draft report on April 24. As far as whether or not
that would be released, we consider that report part of the cabinet
process and advice to minister.
M. de Jong: Well, I’m familiar with the concept of advice to minister and
cabinet documentation to be sure. But I don’t think the minister can
have it both ways.
She can’t, on the one hand, advise the committee that “we set up a
public consultation agency in the guise of the committee that informed
our decisions around the creation of the piece of legislation and the
section before the committee” and tout that as a public process that
guided deliberations and guided their decisions and then, as she just
did a moment ago, say: “Ah, but there were reports beyond the reports
that we released, and we’re not prepared to tell you about them.” That’s
a bit cute and a bit convenient but not in keeping at all with the
narrative that the minister has laid out.
I do want to make sure I properly understand what the minister is
saying. We have now gone from this story, which is: “Committee struck at
the beginning of 2018. They do their consultations. I, as minister, get
an interim report, and that informs the creation of an RFL and the
drafting of legislation that is now before the House for the House’s
consideration.”
[2:30 p.m.]
[R. Chouhan in the chair.]
Today the story is: “Committee struck. It embarks upon public
consultation.” Actually, just after that’s happening and before the
presentation of an interim report, there were other reports. “Now, we’re
not prepared to tell you what was in those other reports. We’re not
prepared to tell you whether there were different
recommendations.”
Does the minister not see a problem with her story about how this
legislation has been created and the timetable around that? This is not
information that she shared.
I’ve heard her at least twice now talk about contacts that she had
with the committee. Were there formal meetings between the minister and
the committee between March 22 and June 15?
[2:35 p.m.]
Hon. L. Popham: I think the timeline that I laid out and the story, as the member
puts it, are very consistent to what I’ve put forward. Also, the
timeline follows the terms of reference that were laid out, and those
are on the website. So the member can refer to that if he’s having
difficulty following the timeline. But we did follow the terms of
reference.
It’s exactly what we expected. We received an early recommendation
report. It was expected by the end of April. We received that on April
24. This included legislative and regulatory recommendations. We then
expected to receive an interim report by the end of July. That came on
July 31. That report contained the same recommendations for any
legislative or regulatory changes, but it also received background
information — what we heard. The interim report was for public
consumption.
I think the member also asked: were there formal meetings along
the way? I continued to have ongoing updates on the committee’s work.
Whether they were formal or not formal — I’m not sure how the member is
defining that. But I did receive updates along the way.
M. de Jong: Thanks to the minister. This is the first time I have heard any
reference to an advanced early draft report. But I might be mistaken. It
may be that the minister has referred publicly to an advanced early
draft report, and I missed it. If she has, can she advise the
committee?
Hon. L. Popham: Well, the information has been public for quite some time. I’ll
refer the member to the terms of reference again.
[2:40 p.m.]
We put out a news release on January 4, 2018, and that was a news
release about the creation of the committee and the work that they would
do. The public engagement process began on February 5. Within both of
those announcements, there was a link to the terms of
reference.
The terms of reference that the member might be most interested
in…. This is directly from the terms of reference that have been public
since January 4, 2018: “Early recommendation report on proposed
legislative amendments to be considered by the minister, based on
consultations and research findings due in April 2018.” I have shared
with the member, at this point in time, that I did receive that report
on April 24.
M. de Jong: All very helpful, to be sure. The question, of course, is whether
or not…. Having established what she described as a public consultation
process — with a committee intended to engage in public consultation and
provide recommendations that would inform the creation of legislation
that the committee is now considering — the minister has to this point,
until we explored this further, talked about the interim report of July
31. She has now referred, on more than one occasion, to the advanced
early draft report — that’s her terminology, not mine — that apparently
guided the creation of
section 1 and the sections that will
follow.
As to that report from this body that she set up to engage in this
public consultation, I just want to be clear, the minister is saying
that that’s off-limits. The committee, she is saying, has no business
examining that advanced early draft report. Is that correct?
[2:45 p.m.]
Hon. L. Popham: So that the member understands the process, drafting of a bill is
informed by a few things, especially….
I can speak particularly to this bill. First off, it’s informed by
independent advice. That’s what we received from the independent
advisory committee. Secondly, it’s informed by expert advice from staff
working in the Ministry of Agriculture and other ministries in
government. Thirdly, it’s informed by the professional drafting
practices from the Attorney General’s office. That’s how the bill is
informed.
I can tell the member that the recommendations from the committee
for any legislative or regulatory changes are in the July 31
report.
M. de Jong: That, too, is helpful, and my thanks to the minister.
I think what I just heard is that the minister received an
advanced early draft report on April 24 that contained recommendations
for legislative change. The minister has, just a moment ago, informed
the committee that there were also recommendations for legislative
change contained in the interim report from the advisory committee dated
July 31, 2018. My question: were there differences in the
recommendations provided in the report of April 24 versus the report of
July 31?
[2:50 p.m.]
Hon. L. Popham: There are no substantive changes in what was presented in the
draft interim report and the interim report. And I think the member can
be reminded at this time that this was the committee’s report; it was
not a government report. It was an independent advisory
committee.
Some of the things that could have been different between the
interim draft and the interim report was that there would have been
background information included in the report received on July 31. There
was rationale that was given for certain recommendations. They would
have added photos and done some desktopping. But that one was
specifically to bring their recommendations forward from the draft and
to put it into a form that was for public consumption, easily read and
easily understood.
M. de Jong: And that largely cosmetic change took three months?
Hon. L. Popham: The member uses the word “cosmetic.” I said that there were
no substantial differences in the reports. I think the one that was
received on July 31 was certainly more polished. The member has asked
whether — or implied that — three months might have been a long time to
polish this report and to put it into a form that was for public
consumption. I will take this moment to remind the member that for the
people that were on this committee, this was not their full-time job. So
I considered the three months a lot of work, considering that a lot of
them had full-time jobs as well.
M. de Jong: I’m simply trying to rationalize this. What we have learned over
the course of the committee discussion is that to the extent that the
minister and the government took views from this advisory committee into
account, it could not have been the views contained in the report of
July 31, because the minister signed off on the instructions for
drafting the bill a month and a half earlier.
I hope I’m clear enough about that. It could not have been this
report that informed the preparation of the request for legislation,
because the minister has advised the committee that she signed that
document a month and a half before this interim report was finalized. So
if we’re to believe the minister, to the extent that the committee had
any input into the drafting instructions, it would have had to have been
the advanced early draft report of April 24. If I’m wrong, the minister
can tell me so, but she has also said that her position and the position
of the government is that that advanced early draft report is
off-limits.
[2:55 p.m.]
Now, it may be…. We’ll see if there’s an FOI. It apparently…. The
minister may ask why I’m pursuing this line of questioning. If the
minister is correct and it was that report that informed the preparation
of the request for legislation, it was hardly a draft. It was the
document that informed — to the extent that she took into account, and
the government took into account, the committee’s work — the preparation
of the request for legislation.
If I’ve got any of that wrong, then the minister should explain
that to me. The idea that it was the interim report of July 31, 2018,
that influenced the preparation of the request for legislation around
Bill 15 is clearly not the case, because she signed off on that document
a month and a half earlier. The only report that we are aware of, unless
there’s another report that we don’t know about…. Well, the minister is
shaking her head. Imagine our surprise when we were hearing about
reports that informed the creation of the RFL. If I’ve got some of that
wrong, now is the time to correct me.
Hon. L. Popham: Well, I will read for the member again so that the member
understands that everything was laid out very clearly in the terms of
reference. I have read out the terms of reference, which…. Well, I’m
going to read it again.
“Early recommendation report on proposed legislative amendments to
be considered by the minister, based on consultation and research
findings, due in April 2018.” I received that report on April 24. Just
so that I’m clear: “Early recommendation report on proposed legislative
amendments to be considered by the minister, based on consultation and
research findings, due in April.”
[3:00 p.m.]
This was in the terms of reference that were public. If the member
or the official opposition is shocked or surprised to learn that there
is a report like this, then I would suggest that the opposition hasn’t
done their homework, because it was out there for public
consumption.
Now, when I talk about the public report that was received on July
31, that’s exactly what it is. It’s a report that was worked on for
public consumption. I don’t know if the member has perused that report
or not, but he will see that it’s very polished. It’s exactly what you
could expect from a report that is being presented to the
public.
M. de Jong: The minister, referring back to the terms of reference, makes the
point, I think accurately, that what I have been referring to, utilizing
the minister’s earlier terminology, “the advanced early draft report,”
is more properly referred to as the “early recommendation report.” So
maybe I’ll just stop there.
I do want the terminology to be correct. The report that the
minister received on April 24 is the early recommendation report. Is
that correct?
Hon. L. Popham: That is the language from the public terms of
reference.
M. de Jong: Okay. But I’m going to press for an answer. Is the report that the
minister received on April 24 the early recommendation
report?
Hon. L. Popham: Yes.
M. de Jong: So that’s not a draft report. That is, as the minister has
indicated, a report containing early recommendations. Is it the
minister’s advice, once again, to the committee that she and the
government are not prepared to release that report, although it is
clearly now subject to release by FOI, it not being a draft?
[3:05 p.m.]
Hon. L. Popham: We considered that report as advice to minister. But I can tell
the member that the recommendations that are found in the July 31 report
are substantially the same recommendations.
I’d also like to remind the member that this report and the list
of recommendations were just one of many sources that were used when
putting together the RFL.
M. de Jong: I appreciate the minister’s advice to the committee about the
myriad of sources of information that go into the creation of a request
for legislation. But I do want to be clear and ensure that I am not
misstating.
Insofar as the Minister of Agriculture’s advisory committee that
was established to provide advice…. I take it that all of what that
committee produced was advice to the cabinet, advice to the minister. I
presume that’s why she struck it — to solicit advice.
Her position for this committee and this piece of legislation is
that, with respect to the early recommendation report, she would prefer
that this committee not have an opportunity to compare the
recommendations contained within that report with the legislation that
is now before us. Is that her position?
Hon. L. Popham: I’m going to refer back to the terms of reference again. “Early
recommendation report on proposed legislative amendments to be
considered by the minister based on consultation and research findings.”
That was advice to minister, and I can assure the member those
recommendations made their way into the interim report of July
M. de Jong: Well, I’ve been here long enough to sense when a minister has dug
in on a position and not to expend a lot of energy trying to change
someone’s mind.
I am merely trying to confirm that it is the minister’s position
that the early recommendation report, which is the only source of
information from the advisory committee that could have been used in
drafting the RFL, will not be released. It won’t be released to this
committee, won’t be released to the public.
[3:10 p.m.]
The minister’s position is that no one is entitled to see that,
and if the opposition wishes to compare the recommendations contained in
that report with the final legislative product that we are considering,
we will have to submit an FOI request. Is that the minister’s
position?
[3:15 p.m.]
Hon. L. Popham: I think I have stated quite clearly that the recommendations that
were received on April 24 are substantially the same as the
recommendations that the member can find in the public report that was
released on July 31. It is just one piece of input that was used in
drafting this legislation. I think that it’s very important to
understand that the terms of reference have been laid out since January
M. de Jong: I’m not quarrelling with the minister at all about the terms of
reference and what she’s…. I agree with her. That wasn’t the
question.
The minister has labelled this “the early recommendation report.”
Those are her words, not mine — the early recommendation report. She has
further advised the committee that it is substantially the same as the
July 31 interim report — again, her description.
The minister is refusing, I think, to release the report. I guess
the obvious question is: why? What’s in the report that she doesn’t want
anyone to see? That, I guess, is a silly question to ask. She obviously
doesn’t want people to see it. So she isn’t going to tell the committee
what’s in the report that she doesn’t want them to see. But I don’t
understand.
If it’s the early recommendation report that influenced somehow
the RFL, unless the minister is going to say it didn’t influence it at
all, I don’t quarrel with her description that it was one piece of the
puzzle. But she’s called it the early recommendation report. She said to
the committee just now that it’s substantially the same as the July…. So
what’s in it?
I guess I come back to that. Why is she so hesitant to release it?
We’ll FOI it, and I guess we’ll get it. We’ll get it in due course. But
I don’t understand the hesitation. Maybe we’re creating an issue here
for nothing. If the minister’s description of it is accurate, I don’t
understand the hesitancy.
[3:20 p.m.]
Hon. L. Popham: As I said to the member, we had considered this report that was
released in April as advice to the minister and advice to the
government. The recommendations in that report made their way into the
report that was released on July 31 for public consumption.
The member does seem to be very persistent. So let us go back and
do a harms assessment on that report. If it’s consistent with the FOIPPA
Act, we would release that.
M. de Jong: Okay, thanks to the minister. By definition, it was all advice to
the minister. It was the minister’s advisory committee. So I’m hopeful.
Thank you to the minister for undertaking to conduct that
review.
It is obviously more meaningful if we are able to quickly peruse
the report while the committee is still doing its work, which will last
at least for a few more days and, perhaps, into the fall. So the sooner
we’re able to….
To cut to the chase, there’s obviously an interest in comparing —
as there always would be for an opposition — the recommendations with
the legislative product that the committee is reviewing. So no secret to
what the opposition’s interest would be.
[3:25 p.m.]
The minister has talked and referred in our discussion around the
genesis and the creation of Bill 15,
section 1 and the other sections,
around the legislative review committee process, the LRC process. A
series of questions. Is there a legislative review committee for the
government? I think there is. Is the minister a member of that
committee? And was Bill 15 presented to that committee for
consideration?
I have a few more questions, but I’ll try to present them in
blocks of three.
Hon. L. Popham: Yes, there is an LRC. I have been a member of LRC, but I am no
longer. I’ve been moved to Treasury Board. I did present to
LRC.
M. de Jong: Is the membership on the LRC restricted to members of the
executive council, or are there private members that sit on LRC as
well?
[3:30 p.m.]
Hon. L. Popham: The LRC does include members of cabinet and private
members.
M. de Jong: Can the minister describe the process that a piece of legislation
— well, in this case, Bill 15 — would have undergone in terms of the
review process? Is it a section-by-section analysis that LRC
undertakes?
[J. Isaacs in the chair.]
Hon. L. Popham: The mandate of that committee is to review a draft bill against
the policy direction of government, but the conversations and
deliberations of that committee are confidential.
M. de Jong: The minister will note I have not asked her — nor will I — to
disclose the conversations that take place during the course of that
committee’s deliberations. But her answer is helpful.
My recollection and understanding — but I seek only to confirm
what the practice is with the minister and her government — is that
during the course of an LRC examination of a bill, the committee would,
as the minister has indicated, compare the language, the drafting, in
the draft bill with the policy direction given by the minister and the
government. That entails very close scrutiny of the drafting language
itself. Part and parcel of the work — and it is not easy work — is to
consider, line by line and sometimes word by word, the language that the
draftspeople have employed to breathe life into the policy direction
given by government in the request for legislation.
Is that all essentially correct?
[3:35 p.m.]
Hon. L. Popham: Well, the job of LRC is to review the draft bill in its
entirety.
M. de Jong: We might be rushing to agreement here. I merely wanted to confirm
that in discharging that responsibility, members of the committee would
engage in a section-by-section — sometimes line-by-line, sometimes
word-by-word — analysis of the legislation. Is that correct?
Hon. L. Popham: Yes.
M. de Jong: Who are the…? Forgive me, the minister does not need to provide
the names here, but I think the names of the membership of the LRC are
public somewhere. But perhaps, at some point through the afternoon,
someone could obtain or confirm the names of the present membership.
Sometimes the websites are out of date. We can discern who the
membership was at the time Bill 15 was considered.
The minister has indicated that she presented Bill 15 to the LRC.
And she did that personally?
[3:40 p.m.]
Hon. L. Popham: The membership of LRC is made public. It’s on the website. It’s
right up to date. We looked, and I think it’s up to date as of May 22.
So the member can look that information up if he wishes. I did present
to LRC.
M. de Jong: All right. Thanks to the minister. Lest there be some, dare I say,
interest in the nature of the question, we’re obviously going to get to
a point in this conversation where the opposition has very pointed
questions about the nature of the language chosen and deployed in the
bill. So not to be coy about this. It was important, I thought, to
ascertain in clear terms how the minister and the government went about
settling on that language, who was involved, and the processes that were
undertaken.
I don’t know if we’ll…. Hopefully we’ll get to that over the
course of the next few days. If not, the fall session, but these are….
There will, obviously, be tremendous amount of interest in the choice of
language and, I suspect, the difference of opinion that exists between
the minister, the government and the opposition about the wisdom of the
choices made around that language. But that lies in the
future.
I thank the minister for indulging me with respect to some of
these preliminary matters. I think there are some other questions with
respect to
section 1, and I will make way for other members of the
opposition.
M. Bernier: I want to thank my colleague for really setting the stage
originally and as we’re moving forward on the bill and also for
acknowledging the fact that there are going to be important points
within this bill — certain words that are chosen as mentioned, certain
things that have been added or removed — that, obviously, are going to
require some detailed discussions, some questions and, presumably and
hopefully, some explanation and answers from the minister.
We still are on
section 1, obviously, and it’s one that we want to
make sure, as we’re going through, the questions are asked that kind of
set the stage for how this bill was designed and for some of the
formulations that were put into it and decisions that were being
made.
[3:45 p.m.]
A question I have, I guess, right from the get-go — it will be a
very specific one to the bill in
section 1: can the minister explain why
they are striking out 30.1 under
definitions around the exclusion
applications?
Hon. L. Popham: To the member’s question, under the current act, exclusion
applications can be made under
section 29 by local government, a First
Nation government or the commission on its own initiative, or under
section 30 by a landowner. As we will discuss later, this bill
consolidates exclusion applications into just
section 29. Landowners who
are neither a local government, First Nations government, nor the Crown,
will no longer be able to apply directly to the commission to exclude
their land. As such, this change to the definition is a necessary
housekeeping amendment that reflects the new approach to exclusion
applications.
M. Bernier: To be clear, though, when the minister said this is a housekeeping
change, it’s only a housekeeping change that comes into effect due to
the new wording that’s later on within the bill, changes that this
minister is imposing through this act. That’s correct?
Hon. L. Popham: That’s correct.
M. Bernier: Obviously the reason why…. Of course, the minister knows it’s no
secret. She’s heard us talk about this — that we’re going to be bringing
this up in more detail when we get to that section. Obviously, right at
the beginning, in
definitions, within the first page of the
definitions,
basically, of the Agricultural Land Commission Act, it does beg the
question when the minister has repeatedly said, and critiqued members of
this House when we’ve said, that landowners under this act, if it is to
pass, will no longer be able to apply for exclusion applications
directly to the commission.
The minister has heckled us, said that’s not true, said they will
be able to. But right…. What the minister just said is she’s doing
housekeeping to remove 30.1, and 30.1 is the actual wording that allows
a landowner to apply.
If I understood the minister correctly, what she just said was
that is being removed. She read out something that said, basically, it
will be local governments, First Nations, the Crown — that landowners
will no longer be able to apply directly to the commission. So am I
accurate in what I just said, in repeating, somewhat paraphrasing, what
the minister said? It does go against what she’s accused us of saying in
the House.
R. Leonard: I seek leave to make an introduction.
Leave granted.
Introductions by Members
R. Leonard: I just wanted to introduce…. Up in the gallery, we have grade 11
students from Mark Isfeld in Courtenay. I wanted to particularly
congratulate their teacher Heidi Zirkl, who has been here with a number of
students over the time that I’ve been here, introducing them to our
provincial democracy. I’m so pleased that they’re here, and I hope that the
House will welcome them.
[3:50 p.m.]
Debate Continued
Hon. L. Popham: Just to clarify, private landowners could apply to the ALC, but
they’ve always had to go through local government.
M. Bernier: That took a long time to get an answer that wasn’t quite to the
question. Can the minister maybe try again? What I’m asking is why are
we removing 30(1)? I’ll read it into Hansard . So 30(1),
exclusion application by owner, says: “An owner of land may apply to the
commission to have their land excluded from the agricultural land
reserve.” That’s the wording in the act right now.
The minister has put forward an amendment to the act to remove
that section. We’ve all talked about this in second reading. The
minister was pretty vocal that we were not accurate in how we were
referencing our comments around 30(1) coming out. So I’ll ask the
minister again.
I just read into the record what 30(1) is. A landowner can apply.
In this, under an exclusion application, the minister is removing — or
wanting to, if this passes — the wording that I just read in. So can the
minister explain why she is removing that wording?
Hon. L. Popham: Well, to be clear, this bill consolidates exclusion applications
into just
section 29. Landowners who are neither a local government,
First Nations government nor the Crown will no longer be able to apply
directly to the commission to exclude their land.
[3:55 p.m.]
M. Bernier: I appreciate that. It would have been a lot easier for the
minister to just say: “People, landowners, will no longer be able to
apply directly to the commission.” That’s basically what the minister
just said by reading out something else.
Obviously, as we know…. This is something that we’ve talked about.
We’re going to get to this later on in the bill, if we have time today
or tomorrow, or this fall, because obviously there are going to be a lot
of questions to take on in this bill.
It’s interesting that through all of second reading, the minister
said, “That’s not true,” numerous times. Now she just said that
actually, it is true, that it’s being consolidated. So I think that’s
important to acknowledge. We’ve had many people out there who are
concerned, who are voicing concerns about what their rights will be,
which is why we’re asking these questions of the minister. It’s so much
easier to have her just acknowledge it than to not be on the record when
she’s voicing her opinions during second reading.
One other question I have is…. We’ll get, I know, into a lot
further detail on that one afterwards. Yesterday the minister, when we
were talking about consolidating the panels, said that this was going to
be something that would be a cost savings. One of the comments was
made…. The minister can correct me if I’m wrong. When I went back and
read through Hansard …. One of the cost savings would be around
travel.
Is the minister saying — this is already a problem for most areas
that are zone 2 — that we’re actually going to have even less travel,
less people coming up to physically inspect any application process
that’s put forward, if this passes, only by a regional district or local
government or First Nation?
Hon. L. Popham: I’m not quite sure how this is relevant to
section 1, but I’ll
certainly answer it for the member. I did see that there was potentially
a cost savings. The member may know that the Agricultural Land
Commission did put out a report under the previous government that
showed a comparison between regional panel systems and a single
commission, and it looked like there could be, potentially, some savings
by having a single commission. But the one thing that I think is
important is that the ALC, under a new model, will have more flexibility
to manage their budget with regards to travel and application
reviewing.
Section 1 approved on division.
section 2.
[4:00 p.m.]
L. Larson: Again, it’s just a changing of wording, obviously — a change of
administration with substituting administrative regions versus panel
regions. I questioned this previously, and I’m going to raise this
again.
I would like to know what issues had arisen under the old
administrative way of doing business with the panels, etc., that would
cause the minister to feel obligated to change the system? In other
words, were there specific incidents that occurred with the other system
or some reason to make this type of a change? I would like to know what
prompted the minister to feel that this whole process, administratively,
had to be changed?
Hon. L. Popham: Well, I can tell the member that there are many reasons why this
was considered. One of the reasons, as far as a concrete reason that we
heard feedback about from the ALC, was that when you had six regional
panels, sometimes it was difficult to get quorum on those panels. People
would be missing, so you lost your ability to make decisions.
The system that we’re discussing today would be a change, and it
would allow the commission to be more flexible. There will still have to
be regional representation from the geographic regions that are
identified. That hasn’t changed.
There will always be regional representation, but the commission
would be able to have its independence and flexibility. It may be based
on a topic that’s in a certain region. Perhaps they need an expert on a
certain subject matter. But it gives the ability for the commission to
maintain its independence while remaining flexible.
[4:05 p.m.]
L. Larson: Thank you, Minister. I still am looking for something a little
more concrete. In other words, were there statistically a number of
times when the panels were not able to get together and, therefore,
things were held up?
According to all of the documentation that I’ve read and to the
reports that I’ve read, the system seemed to be functioning quite
fluently. In the last six months or so, it seems to have backed up
considerably, but it was moving very fluently with the panels. I did not
see any documentation that said there were six incidents of panels not
being able to get together in a timely manner and therefore applications
being delayed and causing farmers, etc., some sort of duress.
Does the minister actually have numbers of times when the panels
were not able to get together and therefore that was part of the process
that the minister has gone through in order to create a whole new
system?
Hon. L. Popham: Thank you for the question. I’m just going to give the member a
bit of a flavour from the independent advisory report, specifically on
the panel system.
“Many stakeholders expressed frustration to the committee over the
current process for panel decisions and delays resulting from chair
oversight and review by the executive committee. Other stakeholders were
concerned about the integrity of the ALR, given the inherent potential
for disparate views and approaches to decision-making in the ALR by six
separate three-member panels.” That’s some of the feedback that the
independent committee received. We of course heard that sometimes it was
difficult to find a quorum.
[4:10 p.m.]
There were actions that were recommended by the independent
advisory committee, and No. 1 was to: “Adopt a flexible, locally
informed and regionally representative ALC structure that allows the ALC
to determine how to best to deploy its government-appointed
commissioners to meet the commission’s operational and legislative
requirements.” Again, it speaks to flexibility, and it speaks to having
assurances that the commission is as independent as possible.
Section 2 approved.
section 3.
I. Paton: In
section 3, we’re going to get into commission members. There
are currently 13 members on the Agricultural Land Commission. Could you
tell us, at this point, who the members are and what regions they are
from?
Hon. L. Popham: We currently have 13 commissioners plus the chair. Of course, the
chair is Jennifer Dyson. I’ll go through the different regions for the
commissioners.
On the Interior panel, currently we have Richard Mumford and
Robert Haywood-Farmer. On the Island panel, we have Linda Gayle Michaluk
and Honey Forbes. On the Kootenay panel, we have Dave Zehnder, Ian
Knudsen, and Jerry Thibeault. On the north panel, we have Janice Tapp,
James Garnet Berge, Ross Kent Ravelli and Andrew Adams. On the Okanagan
panel, we have Gerald Zimmermann and James Johnson. On the south coast
panel, we have Ione Smith, Susan Gimse and Satwinder Bains.
I. Paton: Thank you, Minister. Of the 13 commissioners and the chair, how
many are actually left over from June of 2017? How many commissioners
still remain that were on the commission in June of 2017?
[4:15 p.m.]
Hon. L. Popham: First off, I need to make a correction. I gave the right names for
commissioners, but I gave the wrong number. We actually have 16
commissioners plus the chair. I think I said 13; we have 16.
As far as commissioners who have carried forward since June 2017,
we believe there are either nine or ten, but we can confirm that. There
are definitely nine, but there might be ten.
I. Paton: Thank you for that clarification. I’m very curious about how the
commissioners are selected. Could you give me an idea of the process,
the qualifications, the credentials that are needed to be a
commissioner? Do you actually sit in on an interview process with new
commissioners that are being hired?
[4:20 p.m.]
Hon. L. Popham: The member may know that it’s a merit-based process. It goes
through CABRO, and the appointments are to select “individuals who are
knowledgeable in matters relating to agriculture, land use planning,
local government or first nation government.”
I. Paton: Of course, that is in subsection (c). Appointments must be made,
as you just said, by a merit-based process, and individuals are
knowledgeable in matters relating to agriculture. Again, I’m just
wondering: what sort of credentials of agricultural background would we
need to become a commissioner on the Agricultural Land
Commission?
And would local areas, the regions of the province that are very
affected that want people on the commission, be involved at all? The
local chamber of commerce, the local Rotary club, the local government,
perhaps — would they be asked for opinions on the quality of persons
that might be applying to be on the commission? It might be a good
avenue to go, to check with local governments or associations in the
towns for recommendations for good people for the commission.
[4:25 p.m.]
Hon. L. Popham: Just to get back to the member regarding who was appointed as of
June 2017 to the commission and who is still there. I’ve had
confirmation that ten commissioners were appointed pre June 2017, and
since our government came into power, there have been six new
commissioners appointed. The previous ten are still in place, and of
course, we have a new chair.
As far as who is on the commission, and maybe their credentials,
it’s not just someone who is a farmer that may be a good addition to the
commission. In fact, we’re looking for people who are knowledgeable in
matters relating to agriculture. Obviously, land use planning would be
an asset, and local government or First Nations government knowledge is
also an asset.
As far as how we source people, it’s a merit-based process, and
they go through CABRO. CABRO is looking for applicants all the time. In
the example that the member gave, could a chamber of commerce put
forward a name? They can encourage people to put their application in to
CABRO specifically around interest in the commission, but it’s a
merit-based process.
I. Paton: I’m told now that there are 16 total commissioners, and a chair
would make 17. So if this bill were to pass, how would we relieve five
of the commissioners to take it down to 11, which is what is wanted in
the bill?
[4:30 p.m.]
[R. Chouhan in the chair.]
Hon. L. Popham: What the member may want to know is that it’s a minimum commission
size. So 11 is the minimum amount of commissioners that need to be in
place. There is a requirement for three members from each administrative
region. For example, in the Peace area, there are currently four. But
there are provisions in the legislation to make sure that there is a
transition that happens in a way that would be respectful of the
appointment of one of the four or, perhaps, a new person to be
appointed. But there is only a minimum of 11.
I. Paton: At this time, I’d like to bring forward a proposed amendment to
Bill 15, the Agricultural Land Commission Amendment Act,
SECTION 3, by adding the underlined text as shown in
this section:
Commission members
(1) The commission consists of at
least 11 members appointed under this
section as follows:
(
a) the Lieutenant Governor in Council must appoint the
chair;
(
b) the minister must appoint the other members after
consulting with the chair and each affected local
government;
(
c) appointments must be made using a merit-based process
to select individuals who are knowledgeable in matters relating to
agriculture, land use planning, local government or first nation
government;
(
d) members must be residents of administrative regions,
with at least one but no more than 3 members, other than the chair,
representing each region;
(
e) if more than one member represents the same
administrative region, each member must be a resident of a different
regional district incorporated under the Local Government
Act .
(2) The chair may appoint one or more vice chairs from the
persons appointed under subsection (1) (b).
(3) If a member, other than the chair, ceases to be a
resident of the administrative region in which the member was a resident
at the time of appointment, the member’s appointment expires on the date
on which the member’s residency ceases.
(4) If there is no member, other than the chair, who is a
resident of a particular administrative region, the minister must within
90 days appoint a resident of that administrative region as a member in
accordance with subsection (1).
(5) The members are the board of directors of the
commission.]
[4:35 p.m.]
The Chair: Member, would you like to speak to your proposed
amendment?
I. Paton: I would.
The Chair: Proceed, Member.
On the amendment.
I. Paton: The amendment that we’re bringing forward in
section 3 will be
regarding adding local government discussions with the appointment of
commission members.
I have always said, for the two years that I’ve been in this House
now, that the history of the Agricultural Land Commission, based on past
expertise and past success, was with zone 1 and zone 2. It also was with
the panel system of the regions of the province. I honestly believe that
the people that sat on these panels throughout the province had
expertise in the areas of those areas. All three people that sat on the
panels for certain regions of the province had expertise in making
decisions on applications coming from those parts of the
province.
I think it was important, having spoken, and I’ll name names. Mr.
Zylmans is a good friend of mine and always said to me that he thought
that he was on the Agricultural Land Commission…. He always felt that
the panels were an excellent idea. He was making decisions on areas of
the Sunshine Coast and the Fraser Valley.
He always said: “I don’t know a whole lot about the East Kootenays
or the northern part of B.C. I feel that I’m a bit of an expert on where
I live in the Fraser Valley, but why would I be making decisions on
applications and non-farm uses and different things from the north?” So
he said that it was best off to be left to experts from those regions.
That’s why the regional panels worked very, very well, according to my
friend Mr. Zylmans.
I’m going to be very brief, hon. Chair. I have colleagues with me
that would like to get up and speak about the changes to this land
commission act. But first, I think it’s important that I bring forward
some information. This was provided to us by the Abbotsford Chamber of
Commerce. It kind of goes like this. I’d like to take a bit of time to
read this out from the Abbotsford Chamber of Commerce and another letter
from the Coombs Farmers Institute. I’ll start by saying:
“The ALR was established in 1973 to protect land with prime
agricultural conditions for farming and ranching. The ALR is
administered by the Agricultural Land Commission, an independent
tribunal. On March 7, legislation — Bill 15, the Agricultural Land
Commission Amendment Act, 2019 — was introduced to the B.C. Legislature
to strengthen the independence of the Agricultural Land Commission, ALC,
so that it can better fulfil its mandate for preserving the agricultural
land reserve while encouraging farming and ranching in British
Columbia.
“The importance of the ALC’s role in protecting our ALR and farming
use is recognized as is both enabling land use planning ability for
government and the value of agriculture businesses to B.C.’s economy.
Taking rights away from farmers and ranchers for matters on their
property, however, and moreover, denying them recognition under the law
as legal persons, is not democratic, and there are alternative
approaches to consider.
“Farmers are in the business of farming, and rights are being taken
away from business owners in the proposed legislation of Bill 15. In
addition, more barriers and red tape are being put up against
individuals and families dealing with government on ALR operations, for
example, to address legitimate needs for industrial agricultural use and
related activities.
“The proposed new governance model and administrative structures
centralizes decision-making power and authority that undermines local,
regional administration and the rights of an individual owner of ALR
land. Key changes of Bill 15 would result in one centralized commission
with regional representatives and eliminating the previous six
administrative regions. New decision-making criteria and panels, more
compliance and enforcement capacity, but most controversially, requiring
that exclusions be submitted to the ALC only by local governments, First
Nations or the province. The right to apply as an individual is taken
away. Farmers are excluded from the definition as independent persons,
qualified to apply for exclusion under this law. A person is only
recognized and qualified to apply for exclusion if an owner is also
either a provincial, municipal or First Nations government.
[4:40 p.m.]
“In the new rules, an individual would be dependent on the capacity
and willingness of the province, city or First Nation to submit, on
behalf of the individual, to the ALC. The right to apply directly to the
ALC as an individual is taken away. With no additional funding or staff
capacity to process applications, there is an administrative burden and
a disincentive for government bodies to initiate the
applications.
“Not only is an individual not recognized under the law and the
power to apply is being shifted from the property owner to government,
but there is no appeal process mentioned in place should a request to
submit an application be turned down before it has even been considered
by the ALC.
“There is no justification for taking away the rights of farmers and
ranchers or to impede industrial farming operations and business. There,
moreover, is a questionable evidence basis for the claim that the
legislative changes as proposed are needed to prevent the undermining of
a defensible ALR — an overly burdensome administrative volume of
applications.”
I think we all know the burdensome volume of applications was a
grand total of 39 last year.
I also just want to conclude by reading out a great little letter.
It was addressed to the hon. minister from the Coombs Farmers Institute.
It says:
“We, as members of the Coombs Farmers Institute, have never felt the
need to write letters to the Minister of Agriculture in as many days.
This, if nothing else, should indicate our level of concern.
“The recent tabling of Bill 15 caught us rather off guard. Those
most impacted by a significant change of legislation…”
The Chair: Member, are you speaking on the amendment?
I. Paton: Of course. I’m getting to that line right away.
“…should expect to be alerted to this existence and given a
reasonable time frame in which to respond. There are mutually recognized
and well-established channels of communication between the ministry and
our agricultural organization. We learned of this bill from a Facebook
post.
“We have waited to express our growing concern about the possible
negative impacts of Bill 15, believing that our interests were
inclusively and fairly represented by the ALR-ALC revitalization
committee and the ALC commission. The ALR-ALC revitalization committee
and/or the ALC commission is being increasingly viewed as secretive,
autocratic and biased.
“There are very strong feelings against the centralization of
governments.” — and that’s what we’re talking about right here today.
“The regional panels provided invaluable local knowledge. The suggestion
that a centralized commission with regional representation will result
in a higher percentage of equitable, unpressured application verdicts is
very debatable.
“Farmers, both tenured and new entrants, are giving up on the hope
of making a living in agriculture in B.C. The collective weight of
bureaucracy, legislation, regulation and policy from various branches of
government, not to mention insurance, has become increasingly impossible
to bear.”
Those are just a couple of letters that people really wanted me to
bring forward in the House today, one from the Chamber of Commerce in
Abbotsford. We thank them for that. We have several letters in
opposition to Bill 15 from farmers institutes and farmers societies from
all over British Columbia.
At this time, I would like to turn the debate over to the hon.
member from Surrey.
M. Hunt: Speaking to the amendment to Bill 15. The challenge, of course,
with speaking to the amendment on Bill 15 is that we’re talking about
the appointing of the commissioners and the local government input that
we’re suggesting needs to be there on those individuals. Unfortunately,
that stretches across everything that’s involved in this bill. I will do
my best to keep very focused on the amendment, although I may stray to
try and bring the whole picture together.
The reality is that farming and agriculture is what has built
British Columbia. Farming families, ranches, agricultural operations
have all built the livelihood of families. They support communities,
large and small.
When you look at what we’re doing on our agricultural land today,
we are growing products here, and we’re exporting them, literally, to
the rest of the world. If we look at my riding in Surrey-Cloverdale, the
two major products we’re producing are certainly blueberries and milk.
Blueberries are grown on many small pieces of land that are scattered
throughout the ALR in Surrey.
Now, the reality is that we need the local governments and the
local farmers, with their local knowledge, to help make decisions in our
community.
[4:45 p.m.]
I just give you a really simple example. We have a farmer who has
owned farmland for…. I think it’s at least ten years he’s owned the
land. He’s been working at growing blueberries on the land, but he has a
problem. He has no legal road access to his land, to his farm. He wants
to build a house. But guess what. He can’t, because somebody off in
Burnaby, with members of the committee from all over this province,
doesn’t know the local challenge of getting access to his
farm.
Now, there is a road access right there. The city of Surrey owns
the road right-of-way. It’s called 52nd Avenue. It’s been there for
years — on the map. But now the gravel is there. It all looks like a
road. It acts like a road. It talks like a road. It responds like a
road. But no. The ALC says: “That road is not to be opened.” Why? This
guy is trying to access his farm. He can’t build a house on his property
in order to access his farm. He’s got a problem with his blueberries.
He’s pumping water in order to keep his blueberries alive. And because
he doesn’t live there, all of his equipment is a mile away. He has to
bring his equipment back and forth and back and forth.
By the way, since he’s not there all night, guess what. Twice now
he’s had his pump equipment stolen in the middle of the night, because
he can’t get access to his farm to be able to have a road, to be able to
have a house. We have these members of the ALC that don’t come and look
at his property, don’t come and walk through his property, don’t come
and see what’s actually happening and don’t have the local
knowledge.
As a matter of fact, on that piece, there are three other
properties that are not farmed. Now, it’s great that we keep this land
in the agricultural land reserve, but nobody is farming it. Local
knowledge. Local farmers. Local people who understand the reality of
what’s happening in their community.
Obviously, dairy, as I said, needs a large property. That is also
a product that we have in Surrey-Cloverdale. We need large properties.
We need the grasses. We need the silage for the cows to eat. We’ve got
lots of corn being grown. But again, it’s multigenerational families who
live and work on their farms, who want to teach their children how to
farm. They want to get that inculcated into them, because they have done
it from their parents and grandparents, multigenerational.
We have a problem with road access. We have a problem with getting
there. Many times these are new immigrants. Many times they’re direct
descendants of those who recently immigrated. They’re all challenges,
but they need the element of local knowledge, local understanding. That
is why, to me, having the input of local governments on actually saying,
“Yeah, these are good people that would understand farming,” and that
sort of stuff….
Again, the critic from Delta South mentioned a particular name, a
friend of his. In Surrey, we have Mike Bose, who is a farmer that’s well
known in our community, well supported. He served as chair on the ALC
for a period of time. But again, local knowledge with local people. That
was, again, recommendations from local government, who are trying to
make sure that we have these things happening.
Unfortunately, today, because of the high price of land, because
of the reality of the Lower Mainland costs, most farmers and most
farming families have second jobs. Now, you can say which way around you
want it to be, whether their first job is farming and they have another
job to support. But the reality is that they need money from outside and
off the farm in order to keep the farm going.
Those who are working on the farm are getting really creative.
I’ll give you another really simple example. Heppell’s Potato Corp.
Whether it was potatoes, squash, beets or carrots, for years they were
known on the label as “Valley fresh produce.” And you knew that’s what
you were buying at the market, because you were getting it from
Heppell’s.
[4:50 p.m.]
Well, today we have Hardbite chips, we have Fraser Valley Biogas,
we have field services, which is a maintenance operation that they have
for not only their equipment but other farming machinery.
Again, this is the challenge of farming in the Lower Mainland. Are
these individuals…? We can list off this wonderful list of criteria.
They have to be planners. They have to be First Nations. They have to be
this, that and the other thing. But do they know anything about farming?
All the merit and all that wonderful stuff really sounds good in theory.
But do they know anything about the practicality of real farming? I
would suggest that’s why it would be wise to have the recommendations of
local governments and that.
Now, Mr. Chair, I know you’re not going to let me talk about the
subdivision process. I will come back to that when we get down to
section 19, and I’m glad to do that. But while we’re talking about the
changes that are being made here, let’s just remember that we’re not
dealing with thousands of applications, thousands of problems, thousands
of situations. We’re not even talking about hundreds or dozens. On the
subdivision piece, we’re talking about all of 39.
Why do we think local government is important? Well, I think it’s
important to look across even those 39 applications that went through in
the year 2018 and where they all came from. But in the midst of that,
there were 22 individuals who made applications — 15 of them
rejected. We had a total removal of 25 acres in 2018. If we do the math
on that, we only have 4.7 million hectares in the reserve. So it’s only
going to take 190,000 years until there’s no more ALR. We have an
emergency. We have a disaster on our hands. We need to act. Therefore,
we have these amendments that are before us.
Before, we had two zones. We had the one zone where…. Yes, we
recognize that there’s a challenge in the Lower Mainland. There’s a
challenge in the Okanagan for land development, population pressures,
the high cost of land — those sorts of things.
The ALC was originally set on the basis of preserving agricultural
lands, first and foremost. Nobody is arguing with that. But we need the
people that are in charge of making decisions about the ALR to be those
who have good, solid, local knowledge about agriculture and what’s
happening. That’s why there was the split into two zones. There was a
recognition that in the two areas of this province, there were two very
different growing seasons, two very different crops being
produced.
I saw the statistics the other day. I can’t remember what it is,
but it’s something like the classic…. Most things sort of go 80-20. You
know, 80 percent of the money is made by 20 percent of the land. I
forget exactly what the numbers are, but it’s massive and huge. The
receipts are coming from what was called zone 1 previously — the Lower
Mainland, the Okanagan. The differences of reality — that, again, is why
local government involvement is important. Because if we end up
with….
Now, I know the minister is going to say I’m about to get into
fearmongering, but we’ll talk about that in a second here.
Interjection.
M. Hunt: I know there’s not a chance, but it could be I’m accused of
that.
You see, the reality is that those members who become members of
the Agricultural Land Commission could be all those who have a wonderful
ideology that lines up with a certain government and a certain
perspective on things and who really don’t understand the differences of
this beautiful province of ours, don’t really understand the challenges
that we have throughout this province.
Right now we’ve had six regional panels, again, to bring that
local knowledge. That was an emphasis of the previous government — to
make sure that local knowledge and local experience inform the decisions
that were there.
[4:55 p.m.]
The idea was simple. The idea was strong — to make sure the
decisions are made closest to where the impact of those decisions is
going to be felt. But unfortunately, we have a potential here. We have a
potential that could actually aim at silencing those local voices, and
that’s what I’m concerned about.
Now, again, I’ve been accused of fearmongering before. I remember
that in the last session, we had Bill 52 and the first part, in my
opinion, of the minister’s assault on B.C. farmers. Bill 52 started with
restricting house size, which we’re all familiar with.
Multigenerational farmers. We were told that they could simply
apply and they could get the larger home. Well, as a matter of fact, the
member for Surrey-Fleetwood told a group of hundreds, literally
hundreds, of farmers…. This was not hearsay. I know the minister accused
me of hearsay the other day on this, but we can go and get the TV
reports of it all, because they recorded all this.
He said that the farmers could build whatever they wanted to,
under the new bill, if they were farmers for some number of years. Now,
he couldn’t say what that number of years was, and he was right. He
couldn’t. They’d be grandfathered. All they needed to do was apply, and
they could get an answer back in 90 days, guaranteed. As a matter of
fact, if they had preloaded the land — if the preload was down — they’d
be grandfathered, period. The people could build even without applying
to the ALC.
Well, how is that one working? It’s not. I wasn’t fearmongering. I
was talking about the bill. Some of these other members of the House
were talking about something else. I don’t know what. But again, we’ll
talk about that more in
section 19.
I notice that my light has gone green, and I’m running out of
time.
Interjection.
M. Hunt: Yeah, I know. I’d love to give you more, but we’ll have to wait
till we get to
section 19. We’ll talk some more about that.
What we’re concerned about — what I’m concerned about — are local
knowledge, local information and local decisions that make
sense.
We have another example just over the border into Langley, in a
wonderful place called Milner, where we have a greenhouse that is trying
to attract the urbanites to come in and see what is happening in farming
so that they can sell their produce, their flowers and what they’re
producing in the greenhouse. Guess what. We have members of the ALC that
say: “Oh no, no, no. You can’t do that. It’s too big.”
What is appropriate in the urban areas? I think that’s the
challenge. That’s why I am absolutely convinced that local government
needs to be involved with helping the minister choose who is going to be
on these boards so that we, in fact, have local knowledge.
The Chair: Thank you, Member. The Chair really appreciates introducing a
new concept — a talking road. I have heard of a narrow road, a wide
road and a rural road, but a talking road is a good one. I would
like to visit that road.
Interjection.
T. Stone: Okay. I’m not sure where to start there.
The member for Surrey-Cloverdale is always a tough act to follow.
I will do my best, however, to express the perspective of my
constituents from Kamloops–South Thompson with respect to this proposed
amendment to
section 3, which is very simple and
straightforward.
It would add in — it looks like — five words, the words being:
“and each affected local government.” The context for adding these words
in is that the amendment would require that the minister must appoint
other members of the commission after consulting with the chair and each
affected local government.
[5:00 p.m.]
This particular amendment…. While the specific aspect of it is
very simple, it does speak to a much larger theme that gravely concerns
us in the official opposition and gravely concerns many British
Columbians — lots of my constituents — and that is this theme of really
watering down the number of voices that are heard at the Agricultural
Land Commission. That really waters down the role of different parties
when it comes to the processes of the Agricultural Land Commission in
its management of the ALR.
As my colleague, the member for Surrey-Cloverdale, very eloquently
hammered home over and over and over, it is critical, in our view, that
local voices, local knowledge, local people, local farmers, local
government officials have as strong a voice as possible in the
operations, the decision-making and the processes that are wrapped
around the Agricultural Land Commission. Unfortunately, this bill in its
entirety, through a wide range of the amendments that are proposed —
beyond just this one here or the
section that this amendment applies to
— really serves the purpose of watering down those local
voices.
Like everyone in this House, I have tremendous respect for the
agricultural land reserve. I think everyone in this House has tremendous
respect for farming, for ranching. I think we all support ranchers and
farmers, whether they’re large or they’re small, whether they are in the
Interior, the north, on Vancouver Island or in the Lower Mainland. These
are the people, the men and women, that work so hard to create the food
that we eat and to create good-quality food that is exported around the
world.
It is important, through this discussion of the Agricultural Land
Commission and the ALR, that we always remind ourselves of just how vast
this province really is, just how different the regions really are. You
know, it’s far too often in the Lower Mainland, I believe, that there is
this misunderstanding or this lack of awareness of the greatly different
seasonal nature of farming and ranching in the Interior and the north.
Winter in Kamloops, let alone Dawson Creek, is very, very different than
it is in Delta or in Abbotsford.
As a result, that has huge implications — a much shorter growing
season, lower crop values and significant added pressures through the
year — on farming families to make sure they’re doing everything that
they can to keep that farm, that ranch viable for the long term, to do
what they can to make sure that that ranch, that that farm can be passed
on to the next generation of that family, if they so choose.
This is why it is so fundamental, in our view, in our perspective,
that local voices be respected, that local voices be fully incorporated
in these processes. It is why this amendment that the member for Delta
South has moved is so important, in our mind. It would require local
governments, local voices to be considered in the appointment process of
commission members.
That is one way that we would hope that these vast regional
differences — the weather, the geography, the differences that I have
spoken about that make farming and ranching so much different in the
north and the Interior versus the Lower Mainland or Vancouver Island….
Having those local voices more formalized in this mix is really, really
critical to ensure that those local perspectives help inform those
decisions.
Now, we will get an opportunity to talk more fully about other
sections of this bill —
section 19, in particular, which will be coming
up later, that takes away the private property rights of private
landowners. Obviously, that is something that we have spoken a great
deal about, and we will have more to say about that.
[5:05 p.m.]
Even that follows on this trend that I’ve talked about, which is
woven throughout this bill, which is, again, to constrain the number of
voices and the number of individuals, the number of parties that play a
role in the Agricultural Land Commission processes across this province.
We’re very concerned.
Why, again, we think that this amendment is reasonable, why this
amendment is important to enshrine local government consultation as part
of the commissioner selection process…. This is important because we see
so many changes through this bill which so dramatically impact local
communities, that so dramatically impact farmers and farming
families.
These legislative changes impact the Agricultural Land
Commission’s authority with respect to land use applications in a really
big way. They impact local governments in how they review and
potentially refer their residents’ applications that are located in the
ALR to the ALC.
There are a growing number of municipalities and regional
districts around the province that have said: “Look, we weren’t
consulted about these changes. We weren’t asked what our perspective was
before this legislation was drafted and tabled in the
Legislature.”
We’ve got municipalities like the township of Spallumcheen, one of
many that have passed resolutions and will be bringing them forward to
the Union of B.C. Municipalities convention in Vancouver in September,
saying: “Government, please put a moratorium or a pause on this
legislation so you can talk to us about what it really means, what the
impacts really are.”
Why? Because local voices, local knowledge, are absolutely
critical to these processes. Local governments, local farming families,
communities are concerned. They’re concerned about the ability to
maintain successful farming operations well into the future. Local
governments are concerned about the implications of this bill, the
potential implications, on building permits that have been impacted due
to the proposed changes.
The Agricultural Land Commission changes and expectations on the
local governments are actually quite unclear, and the impacts are not
well understood. That’s not me saying that. That’s local government
saying that. That’s the UBCM saying that on behalf of local government,
that these impacts are not well understood.
We do know the significant change that will take place in terms of
the process related to exclusions. We know that the old rules involved
applications to the ALR and could proceed with or without local
government support of an application to the ALC with no legal
requirement for the local government to approve an
application.
We know that under the new rules proposed by this bill, an
individual will be dependent on the capacity and the willingness of the
province or a local government or a First Nation to submit, on behalf of
the individual, to the ALC that exclusion application. We know that
these changes mean that the right to apply directly to the Agricultural
Land Commission as an individual is taken away. That’s part of the
reason that we think that this amendment is important — to at least try
and carve out just a little bit of a toehold still of some local input,
local knowledge, in this process.
Local governments are very concerned, as are farming families,
that these changes mean that there’s essentially no appeal process. At
least, it’s not mentioned. Local governments no longer are able to enter
into delegation agreements, and apparently, current agreements will be
terminated upon this act coming into force.
These are all concerns that local governments, local communities,
local farming families are expressing. Insofar as local governments go,
a number of these items that I have rattled off here represent another
way that the provincial government is removing local decision-making
authority. Again, it’s why we believe this amendment…. It puts back in,
as a requirement, for local governments to be consulted on commission
members.
[5:10 p.m.]
Now, again, I’ve mentioned a few local governments. I’ve
mentioned, obviously, the perspective of the official opposition. I’ve
talked to a number of constituents, as well, on their perspective of
local governments not being involved, as far as the current legislation
is concerned and written, in the commission process.
These folks are very concerned, by the way. Everything that I’ve
just talked about…. They’re concerned that the six regional panels are
going the way of the Dodo bird and that there’s a significant
centralization of power and authority being vested in the chair of the
Agricultural Land Commission, here in the Lower Mainland, at the expense
of local voices, local input and local knowledge that has existed to
this point through the regional panels.
Folks like Doug Haughton and his family. This is a
multigenerational family farm and a ranch in the Knutsford area just
south of Kamloops. This particular ranch was homesteaded in 1906
by Doug’s grandfather Henry. It was originally a grain farm of 160
acres. Crop production was, in fact, a requirement for homesteading in
the area at the time. Doug’s father, Ernie, would later transform the
farm to beef production in the mid-1970s. This particular operation,
again, has been passed down through the family, that same family, since
When asked: how do you feel about the fact that your rights are
being taken away…? We’ll talk about that more in
section 19 when it
comes up. “Not very happy about it,” says Doug Haughton. How do you feel
about the panels being disbanded and local input and local voices being
weakened? “Not very happy about it,” says Doug Haughton. How do you feel
about the fact that there’s no local input in the selection of these
commissioners? Doug Haughton says: “Not very happy about it.”
The same goes for Fred Pain, a rancher also in the Knutsford area.
I had the pleasure of presenting him with a Century Farm Award a couple
years ago, over 100 years in ranching. How do you feel about the
disbanding of regional panels? Fred Pain says: “Not happy about it.” How
do you feel about the fact that there’s no input on the selection of
commissioners? “Not very happy about it,” says Fred Pain. How do you
feel about the fact that you’re not considered a person anymore, as per
this legislation, and you don’t have a right to seek an exclusion? “Not
very happy about it,” says rancher Fred Pain.
I could go on and on. I suspect that I will have more to say in
subsequent sections of this bill as we work our way through
it.
Let me just say this. At the end of the day, we believe that the
best decisions are made with local people, local knowledge, local
communities. Local governments are a big part of that, which is why I
wholeheartedly support the amendment that has been moved by my good
friend and very able colleague from Delta South.
The Chair: Before the Chair recognizes the next speaker, the House will
be in recess for ten minutes.
The committee recessed from 5:13 p.m. to 5:23 p.m.
[R. Chouhan in the chair.]
B. Stewart: It gives me great pleasure to rise on this particular amendment,
the amendment to Bill 15, which I know has been talked about at great
length here in this chamber. I know that it’s something that is of
concern to this side of the House. I really raise concerns in terms of
how these changes are really going to impact local government and
farmers as well.
Now, having served in local government myself, as a member of the
land advisory committee, in terms of changes to land use within the
committee, I know about the great amount of work that already burdens
local government with the changes that they’re faced with, with just
development applications.
[5:25 p.m.]
I go back to the government’s assertion that they want to make
housing more affordable. Of course, one of the things that burdens local
development is the fact that the speed and the process of what is in
front of local government is slowed down by the amount of workload.
We’ve seen that in the rapid buildup and rise of development, not only
in my community but….
I think that one of the things that we really do need to consider
in this particular piece of legislation, and what this amendment is
really trying to address, is the fact that local governments are being
asked to take on the burden that is, you know, part of what is going to
be required for any type of application to move ahead through the
system. Later in the piece of legislation, it goes on to speak to the
fact that people — or persons, as it’s been defined — have been removed.
That’s something else that we’ll talk about later on.
I think that what is important in this particular amendment….
There have been questions about how the commission members are
appointed, how they’re chosen. One of the things that is a very key
component of this is the fact that it’s not only the skill sets. It’s
about the fact that local government, which is having to face the
increased costs of making recommendations to the ALC, is going to be
excluded. This amendment speaks directly to including local government
and that they at least be added or considered.
Now, I think that it is a task, and I haven’t done…. I tried to
figure out the mathematics of how many different, with 11 members on the
commission…. We actually have six regions, of which…. Maybe they are set
to be changed. I don’t know. But within that, there are so many other
subsets of that. I do think that it’s really important that there is
local government sitting at the commission and being able to at least be
considered in terms of being consulted, in terms of who the members are
that should be on that.
Now, maybe that is something that the minister already considers,
but the reality is that we think that it’s important that if local
government is going to take on ownership of the cost and the burden of
what it is that is going to be expected of them in terms of the
applications, they deserve to have a seat, or at least be consulted
with.
One of the things that I think about…. You know, except for
serving in government here, I have farmed virtually every day of my
life. My father has farmed almost every day of his life, as well as my
grandfather. We have been farming continuously in the Okanagan for
almost 110 years. What I can tell you is that we do know a lot about the
local conditions there.
Having sat, as I said, on the land use advisory panel for the
Central Okanagan, I can tell you that there were many instances where
the land use planners in communities were uninformed or relatively….
Even agrologists are not necessarily the best people to help to make the
decisions in terms of land use. It does deeply concern me that we’re
getting further away from the people that really work the land,
understand it, and know exactly what the capabilities of that land
are.
I couldn’t help but think about the commission’s founding and some
of the principles that, when this was brought in back on April 18 of
1973…. I think that it’s important to remember that there were certain
guarantees about that. I know how the land commission was set up
initially, but I’m going to read into the record that: “The ALR boundary
was based on biophysical information related to the natural
characteristics of the land, its climate. The intention was to set
boundaries on objective technical characteristics rather than on the
variables of the market and other socioeconomic conditions.”
[5:30 p.m.]
It also said: “Regional governments submitted agricultural land
reserve plans to the commission based on ALC guidelines and on maps,
provided by the B.C. Department of Agriculture, which identified lands
that have the soil and climate combination to support agriculture and
that were not already urbanized or otherwise irreversibly alienated.”
That was based on what they were thinking in 1973.
A lot of water has passed under the bridge since then. One of the
things that local government and farmers have learnt is that there’s an
awful lot of information that’s out there that we didn’t have
available.
[J. Isaacs in the chair.]
My daughter is out today with her Girl Guide troop looking at the
instruments that I used for recording weather data, rainfall, on the
farm that we have — which is where I live, at about 125 acres. We now
have monitoring stations that are real time, which we have around the
farm as well as on neighbouring farms that we farm, and that data is
real time. It tells us the difference between that. It’s the type of
technology that’s moving to improve what is capable and not
capable.
I know the ministry has a climate and soil atlas that has been
heavily relied on, in terms of exclusions and ability to farm. I think
that those boundaries are changing all the time, as we’re seeing
increased development in non-ALR lands that are moving out of areas that
were thought to be the prime agricultural land.
I want to go back to the fact that…. We were talking about the
commission, when it was set up and the government’s intention. It was
said: “A new commission, appointed by the provincial government and
working in partnership with local governments, established a special
land use…to protect B.C.’s dwindling supply of agricultural
land.”
Well, I know that in our farming situation, and the way that my
grandfather planted things and the way…. The spacing on the trees, if
you can imagine, was 40 feet between each tree when my grandfather
planted. Then my dad moved to 20 by 20. Then they called it a fifth
spot, and they increased the densification from 108 trees per acre to
216 trees per acre.
In our vineyard plantings, we started at roughly around 500 vines
per acres. Today we farm intensively, and only limited by equipment, at
over 2,000 vines per acre. That’s part of what is creating increased
utilization of a very valuable component of farming.
The important part about this is…. The fact is that local
government is seeing the value in agricultural land. In this particular
piece of legislation, without this amendment, they’re being excluded
from having a voice in terms of who’s sitting at the table.
It doesn’t do anybody any good with people sitting in Burnaby, or
maybe Richmond even, where there’s a little bit of agricultural land…. I
say a little bit, compared to when this act came in. I’ve seen the
aerial photos. I’ve been the minister. I know what was sitting down at
the ALC, in terms of the mapping, etc. Clearly, they’ve kind of drawn
some demarcation around the areas that are now farmed, whether it’s
cranberries or other things.
I know that Bill 52 speaks to some of the problems that have been
created by having agricultural land in a highly urban area. What I don’t
understand, as somebody that’s farmed my entire life — I’m really a
multigenerational farmer — is: how is it that people that are sitting,
that are not connected with the real land base…? I mean, if I was
talking to a farmer that was a rancher, let’s say, in the Cariboo, they
need literally thousands of acres to be able to do what they’re
doing.
What we really need to do to support agriculture is not make it so
that people that have no clue about the agricultural capability —
whether it’s the Cariboo, the Peace, the Okanagan or the Kootenays, for
that matter — where these people are not necessarily associated with…. I
think that local government helps bring an element of localness into
this whole process.
I think that this is a serious flaw in this particular piece of
legislation, and that’s why I’m supporting the amendment that’s been put
forward by the member for Delta South.
I think the other thing that…. In the history that’s on the ALC’s
website, it talks about the primary objective of the local Land
Commission Act was “to preserve agricultural land and encourage the
establishment and maintenance of farms. Secondary objectives were to
create parks, acquire greenbelts and assemble land for urban and
industrial uses.” Well, that doesn’t sound like agriculture — parks,
industrial uses. I mean, these are some of the things….
[5:35 p.m.]
It sounds to me like this is kind of social engineering rather
than really about farming. I’m not really getting the sense that this is
all about agriculture — increasing productivity, increasing the ability
for farmers to be able to make a living, raising their family, having
multigenerational farms, with the higher costs and the pressures that
have been brought to bear because agricultural land has now become
almost a commodity in some of the urban settings. The bottom line is
that this isn’t helping lower the cost or making farming better. As a
matter of fact, it’s doing everything but that. It’s removing the
decision-making further afield.
Tell me what…. In terms of being able to have what I would
consider to be people that are knowledgable, I think that land use
planners have a good component to play in the rural or agricultural
urban interface. The fact is that most of those people are working,
principally, in local government. That’s where local government fits
into this particular amendment that we are proposing here.
There have been a number of reviews, and I’m sure the minister is
well aware, as well as the commission, about ALR reviews during periods
using new maps, better soil information. In the early ’80s, eastern
Vancouver Island received special attention because of its unique and
varied topography. I think that that’s something that’s
important.
I don’t think that anybody in the Lower Mainland knows what the
topography is like over in the Comox Valley and places around the
Cowichan Valley and some of the other areas, where there’s newly
established farming that’s going on, a higher value. But the reality is
that the local people have a much better idea of what’s going on than a
bunch of commission members that are picked out of…. Maybe they have
some skill sets that relate to that, but we need real people that
understand local issues when it comes to farming.
The commission found these reviews to be more effective than
adjudicating individual applications. They also demonstrated the
importance of a comprehensive land use approach. I think that that’s one
of the things that the commission…. When you are trying to work with the
commission, they want land use plans in communities — like, where I
represent, the West Kelowna areas. They want the local government to be
able to fit land use plans into the way that they’re using the city —
planning out the urbanization or the urban pressures, if you want to
call it.
I really think that it’s unfortunate that in this particular bill,
Bill 15, it has been left out. The local government is not really
consulted in terms of who would be the right people to make certain that
they’re giving advice to both the minister and the ALC about who should
be on those panels so that they can remain objective about what it
is.
I go back to that word, social-economic engineering. I think of
the fact that if we have this viewpoint, if we’re living in the Lower
Mainland — and I’d say specifically in urban Vancouver or Burnaby and
other places like that — we believe that there’s this disappearance of
farmland. Have you been to the Peace River? There are over two million
hectares up there of land in the ALR. There’s land that is surrounding
communities that is underutilized, and our goal should be to increase
the opportunities for farmers so that we can increase the utilization of
that land.
This nonsense that the land is just being vaporized because of the
fact that all we’re doing is…. Application after application is going
forward. Look, the stats…. The member from Abbotsford cited specific
exclusion documents, and I think that the numbers speak for themselves.
There is not a herd instinct running on this.
I look forward to being able to support this amendment.
D. Clovechok: Certainly, it’s a pleasure and honour to stand here today to talk
to these amendments. As amendments go…. We all know they’re needed
because sometimes a bill is flawed. And it’s my not so humble opinion
that the amendment that we’re dealing with here will strengthen this
bill. I say that with all due respect to the minister, and hopefully,
she’ll understand that.
[5:40 p.m.]
In order to build a case, if you will, for the amendment, I want
to push the history channel a little bit and put some things into
context in terms of the entire Bill 15 and how it associates itself, in
my humble opinion, to the amendment.
I want to read it into the record. I’ve showed, other times, that
I fundamentally believe in conserving agricultural land in this
province. I’ve risen in this House before to agree with the minister
that we need to have a no-tolerance approach to dumping refuse on
agricultural lands and that we need restrictions to remove soil and
fill. I believe that good usable ag land — and the key focus for me is
usable ag land; that’s the key on that — should be protected for the use
of agriculture alone. To this, I stand firm — but usable
land.
I need to stress that the issues of Bill 15, which has
subsequently created the need for this amendment, represent, I believe,
nothing more than an ideological fight for the NDP. The current Minister
of Agriculture and, really, the rest of her party are so, I think,
fanatically devoted to Dave Barrett’s legacy that they insist on
doubling down on a policy from almost a half century ago.
The changes that they make are in the original bill passed in
1973, which is to say that the government, not property owners — I
really want to underscore that: not property owners — knows what’s best
with regards to the use of farmland. Thus the need, I think, for this
amendment.
If British Columbians disagree in relation to this bill or even
the amendment itself that we’re talking about here, I think the message
that we’re hearing is that it’s clearly too bad — from this government.
The bottom line is that the changes that are being made overall to the
ALR will not make things easier or more efficient in any way for farmers
where I come from. Thus the need, again, for this amendment.
I want to remind the minister that even back in the 1970s, British
Columbians were not completely sold on this whole entire ALR concept.
The NDP government of the day passed the original bill and ended up as a
one-term wonder, if you look at the history — not necessarily because of
the ALR as it exists in theory but because, in order to implement it,
the Barrett government sterilized private non-arable land for use.
Sterilized it.
Like the NDP of today, they were so focused on the ideology that
they seemingly forgot that their job was to make the lives of British
Columbians better. Guess what? Voters made them pay for it. As history
often does, if learning has not occurred, the outcome of their
historical failures foreshadows their future in this
province.
The changes that will be made in Bill 15 were made with strategic
advice from a handpicked advisory council. And before we go any further,
I want to put out some serious issues with the committee itself. I point
out that none of that advisory committee are from the Kootenays — none
of them — where I live. Not one person is from the Kootenays. To me,
this seems like the minister just wasn’t interested in the input from
the Kootenays. We’ve got a lot of input. We’ve got a lot to
share.
Boundary and the Okanagan are also excluded. This is a serious
problem when you exclude a group of people from such an important
process. To quote my colleague from Delta South: “The committee didn’t
represent many facets of agriculture in British Columbia — the people
that really knew the hard work, the toil and the hardships of
agriculture.”
Well, people in the Kootenays aren’t impressed. This conclusion is
clearly evident, in my opinion: the policy directions that the minister
has taken are flawed. It creates major problems for farmers in the vast
parts of this province who feel like this government is not interested
in, really, the challenges that they face. Apparently and tragically, I
think they’re right.
The participation of the Kootenays in any changes to the ALR is
important because there has been from the very beginning…. I know the
minister knows this. It’s been a very troubling past relationship with
folks from the Kootenays.
[5:45 p.m.]
The original mapping of the ALR in the Kootenays was because of….
We didn’t have GPS back in those days. It was a really tight budget.
They ran out of money, and they drew an imaginary line that included
lands in the Kootenays that should never in this world have been in the
ALR. But they drew the line. Now that line stands, and that’s a huge
problem. That’s a huge problem.
That the minister is now pushing ahead with changes and once
again, I think, neglecting the geographical issues of my region is very
troubling to me and to the people I represent. To me and many of my
constituents, it’s an indication of worse things to come. Some of these
changes, unfortunately, have already been pushed through, such as the
removal of the zone 2 from the ALR.
The zoning introduced by the B.C. Liberals meant that non-fertile
land — and again, I go back to what I said before: usable, arable land —
lumped into the ALR could be used for other purposes. That’s what we
decided was a good idea in certain parts of the province, mostly in the
north, but also in the Kootenays.
When you put a shovel in the ground where I live, you get rock.
That’s how that works. I live in the mountains, and mountains are made
of rock. That’s how that works. But the NDP did away with that because
they couldn’t stand to imagine, I think, that the land located in one of
their ideological crown jewels would change in any way. It doesn’t make
any sense. No matter what the senseless and deeply unfair to parts of
this province that do not fall within the very specific purview of
farmland…. That would really only apply to Vancouver Island and the
Lower Mainland. It doesn’t apply to where I live. It doesn’t.
If there is going to be one ALC that is supposed to regulate ALR
lands for this whole province — which is the gist of what this bill is
and, thus, the need for the amendment — then it is deeply troubling that
the minister does not seem to understand the diversity of B.C.’s
agricultural lands, because they are diverse. I truly believe the
minister understands that. I do. I’m surprised by what I’m seeing here
today.
Centralizing the governance of the ALR will only make things hard
for farmers and ranchers outside of the Lower Mainland, and it’s sad
that the minister isn’t taking these concerns seriously. This is my
understanding of the minister’s actions with regard to the archaic
single, what I think…. One-zone ALC. This is a fair concern, I think,
especially for the minister, who doesn’t see this happening with
farmland in her own area of Saanich. It’s completely different where the
minister lives compared to where I live. But as I’ve said before, this
is not happening where I live. I guess no one is planning to squander
the little arable land that we have.
I would say again, because I’ve actually raised this with the
minister before…. People in rural British Columbia that I know, that I
work for when I get to cowboy for them on the weekends, when I’m at
home, sitting on a horse, doing the things I love to do and helping them
out…. They’re tired, and they would really appreciate it if the minister
would quit preaching to them about the irresponsible use of their
farmland.
In Columbia River–Revelstoke — for all the Kootenays, for that
matter — we all know how to take care of our own land. We don’t have to
be directed to do that. I understand that the idea that individual
people can manage the land they live on is a complete affront to
everything the NDP might want to believe in and the socialist principles
that are quite often put forward, and it’s a shame. Pretty radical idea,
though — that if land within the ALR can’t be used for agriculture, why
not use it for some other way? I don’t get that. It’s a reasonable
expectation. Reasonable expectation.
Small businesses — Beeland, as an example — have to go through…. I
don’t know if the minister has been down that way and visited Beeland, a
tiny little business. They’ve got a bunch of bees. They’ve got some
honey going on. It’s fantastic. They’ve got local meats in there. But
because of these new regulations, they’re going to have to jump through
all this red tape and all these hoops, and they’re not happy about it.
They don’t get it.
In any event, all because some ideologues 46 years ago in Victoria
felt that they, and they alone, knew the best for the B.C. agriculture
industry, and they were making those decisions, here we are. Same thing,
decades later. I can’t, sometimes, even try to hear the minister out on
this because, in my opinion, it’s so amazingly abhorrent — the terms of
farmers’ property rights. It seems lately that it’s almost like the
people’s republic of British Columbia.
This is private land, individual farmers’ land that they’ve either
purchased or had passed down for years from grandparents and
great-grandparents. Private property is private property, and the
government should absolutely not be trying to encroach on individuals’
private property or personal rights.
[5:50 p.m.]
That’s wrong. That is completely and totally wrong. I really want
to drive that home, because the impacts of this, I think, would be a
disaster and a really terrible precedent.
Then there’s the change to the ALR rules, which I think is
generally kind of atrocious when you think about it overall. We’ll talk
about this a little later on, but when you don’t classify people as
people, I don’t get that. This is, I think, where the crux of this
amendment comes in, to some extent.
When you think about…. You can no longer apply to the Agricultural
Land Commission to have a property excluded as a private landowner. I
don’t get that. We’ll have to apply to a local government or a First
Nations government — local governments who have not been consulted on
this, First Nations who may not understand the family dynamics of these
lands.
The bottom line is that when you download responsibility without
consultation, things get confused, and that’s the biggest concern that I
have with this. Things get confused. It’s local government saying: “I
don’t have time to do this.” First Nations governments say: “We don’t
know that guy down the road. Why are you downloading this onto us? We
don’t know that farmer. We don’t know that situation.”
I think that when you look at this overall bill and this
amendment…. I’m going to support this amendment simply because of the
fact that I believe — strongly, strongly believe — that farmers,
ranchers have the right to apply to the ALC so that they can exclude
some of their property.
Interjection.
D. Clovechok: It has to do with the amendment. When you’re downloading
responsibility onto government, it has to do with that. You bet it
does.
I’m going to support this amendment. I think it’s really important
that we underscore…. Again, I want to be very honest with this minister.
I completely agree with protecting agricultural land. I think it’s
critical for this province, and it’s critical for the future of this
province. I think it’s really, really importa