British Columbia Committee Hansard (Blues) — Tuesday, May 2, 2023 p.m. — Number 320 (HTML) (42nd Parliament, 4th Session)
20230502pm-CommitteeA-Blues
British Columbia — Debates (Hansard)
Fourth Session, 42nd Parliament
(2023) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, May 2, 2023
Afternoon Sitting
Issue No. 320
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Orders of the Day
Committee of Supply
Estimates: Ministry of Finance (continued)
Hon. K. Conroy
P. Milobar
J. Sturdy
S. Furstenau
B. Stewart
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Public Safety and Solicitor
General (continued)
R. Merrifield
Hon. M. Farnworth
M. Morris
D. Clovechok
A. Olsen
M. Lee
TUESDAY, MAY 2, 2023
The House met at 1:32 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. L. Beare: In the main chamber, I call continued debate on the Committee of Supply
for the Ministry of Finance.
In committee room A, I call continued debate on the Committee of Supply
for the Ministry of Public Safety and Solicitor General.
[1:35 p.m.]
Committee of Supply
ESTIMATES: MINISTRY OF
FINANCE
(continued)
The House in Committee of Supply (Section B);
S. Chandra Herbert in the chair.
The committee met at 1:36 p.m.
On Vote 26: ministry operations, $338,869,000
(continued).
Hon. K. Conroy: Just to let the member know, I have with me my deputy minister,
Heather Wood, and the CEO of the B.C. Assessment Authority, Jason
Grant.
P. Milobar: Just a few questions for B.C. Assessment to start the day off.
Some have been referred by the Housing Minister, over here, and others
are just general, as well, recognizing that the Third Party will likely
be coming in, in around 45 minutes or so to start asking their questions
for about an hour or so.
First off, B.C. Assessment. In terms of this year’s assessments,
my understanding was that there was, essentially, a kind of a caveat
that went out to the public after the assessments were released, because
people weren’t sure what was going to happen with the interest rates
starting to move upwards fairly quickly. The assessments were done ahead
of those interest rate changes, and people were warned that, in fact,
what their house is assessed for…. We might be in this strange situation
where, in fact, it was worth less than what the assessed value was, but
it would work out over the next year or so.
Can the minister confirm that that’s an accurate portrayal of what
happened with assessments this year? Now, the market may have, because
it didn’t cool as much as was anticipated, actually seen rates still be
at or slightly higher than assessed value. But the initial response from
B.C. Assessment warning the public seemed to be that the assessed values
might be seen to be a little bit inflated, given how quickly the market
was starting to shift around a little bit in those early days of
interest rate hikes.
[1:40 p.m.]
Hon. K. Conroy: The assessments that are released in January every year are always
based on the previous July 1 market value.
P. Milobar: I understand that, but at the time, there seemed to be messaging
by B.C. Assessment that people should not panic. There was an awareness
that they would likely be reflective of a higher than potential market
value of the house this year, unlike previous years, where, typically,
assessed values are lower than what a property might sell for on the
market.
[1:45 p.m.]
Hon. K. Conroy: Advance public information campaigns about what to expect and
upcoming assessment releases are not new. They’re done quite frequently,
over the years, and they’re done regardless of the market, whether it’s
going up or down.
The B.C. Assessment Authority always shares information with the
release of the assessment roll so the public understands what to expect.
It’s common practice. It’s about transparency.
P. Milobar: Okay. I was just trying to establish that this year people should
be expecting that their assessments might have been higher than the
market value, but I’ll move on.
In terms of multifamily and what would be deemed more rent
specific…. It’s owned by a landlord or a larger company, but it’s
multifamily. It’s for rental. It’s technically a business, but it’s
still residential. It would be zoned residential, those types of zoning
areas.
Now, B.C. Assessment has one way where they start to try to
formulate highest and best use and things of that nature or around
businesses in general. When it comes to a rental property for housing,
when an assessment is being made, does B.C. Assessment take in the rent
profile of the building? Do they take in what is going on with rents in
the rest of the neighbourhood? How exactly does that apartment style
building, which is a rental, for living, wind up with its assessed
value?
[1:50 p.m.]
Hon. K. Conroy: The B.C. Assessment Authority looks at it the same way the market
looks at it. The market determines the value of the building. So B.C.
Assessment looks at the assessment and reports that value.
P. Milobar: Well, that’s interesting. No wonder B.C. Housing is under a
forensic audit, then, I guess, because they just bought a building in
Kamloops for 2½ times the assessed value, predicated on what the market
value is. It’s interesting.
That was one of the questions that was sent here by the Housing
Minister: to check with B.C. Assessment on how they would do their
assessments. It’s remarkable that B.C. Housing seemed to find the only
property in B.C. that was 2½ times lower than assessed value when it
comes to values.
In terms of B.C. Assessment, though, and their work for this year,
we have the Premier promising that all lots will be deemed to be
fourplexes. There’s a lot of concern in municipalities around what that
might do in terms of upzoning, in terms of land values, in terms of what
that would mean for people with existing properties.
Has B.C. Assessment started to undertake work in this year around
the Premier’s announcement that this will be what we’ll be facing with
fall legislation, because of the timelines that B.C. Assessment would be
under for assessments? Obviously, they may have to be starting to do
some work now, in advance of potential legislation coming
forward.
[1:55 p.m. - 2:00 p.m.]
Hon. K. Conroy: I just want to, for the record, correct the member. The Premier
did not say people would have to change their single-family dwellings to
fourplexes or three-plexes or duplexes. What the Premier was suggesting
is that legislation will be coming in the fall, and it will allow
people, if they so choose, to go from a single-family home to a duplex,
a triplex, a fourplex if they choose to do that. That would definitely
help with housing issues in communities right across the province, if
people choose to do that.
It’s important to note that the legislation’s not in place yet. It
hasn’t been tabled. So B.C. Assessment doesn’t have to do anything
differently right now. They look at any factors in the market. It
remains to be seen if this will actually change the market. If it does
change the market, then they’ll make those adjustments as required, but
it will be up to the market to reflect any changes. That’s how B.C.
Assessment does their reflections when it comes to making
assessments.
P. Milobar: When B.C. Assessment is assessing highest and best use of a
residential property, if one is zoned for fourplex and one is zoned
single family, does one generate a higher assessed value, all things
being equal, based on highest and best use?
[2:05 p.m.]
Hon. K. Conroy: The market decides highest and best use. B.C. Assessment doesn’t
decide that. If the market recognizes the highest and best use, then
B.C. Assessment reflects that.
P. Milobar: Well, if you currently have a 50-by-120-foot lot, which
would be a standard lot in many parts of Kamloops, a 6,000-square-foot
lot, and there’s a fourplex on that, and right next door, there’s a
900-square-foot bungalow that is single family, in the exact same
neighbourhood, B.C. Assessment would assess the fourplex, based on its
use, at a higher assessment value than the bungalow right next
door.
Is that not the practice across all of this province, based on the
fact there are four dwelling units on 6,000 square feet instead of one
smaller dwelling unit on 6,000 square feet?
Hon. K. Conroy: I’m learning all kinds of things.
To get to the member’s question, in the example the member gave,
it would be seen as an as-built if there were four units on a single
piece of property. So each of those four individual units would have
individual titles. That’s how the market would view it, and that’s how
B.C. Assessment would view it. That’s common practice,
whereas the
single house would be a single-family house and would be assessed as a
single-family dwelling.
[2:10 p.m.]
P. Milobar: Well, the market wouldn’t view it that way, as four individual
titles, if it was a rental. If it was somebody who was just renting a
fourplex, it’s not four individual titles. It’s one unit. It’s four
rental units, no different than an apartment building. But it’s
troubling the minister is saying that the market decides highest and
best use, and that’s what B.C. Assessment operates under.
I find it hard to believe that the bowling alley in Burnaby that
now is needing to be sold because they can’t afford the taxes based on
highest and best use — even though they’d like to continue operating as
a bowling alley — that they’re being forced out because of B.C.
Assessment’s valuation of them for highest and best use.
So how does B.C. Assessment, other than market forces, determine
what is highest and best use? Is it not what is within zoning, within
official community plans and within zoning maps of municipalities that
B.C. Housing then determines highest and best use for a property, as
opposed to the market and/or the owner of the property desperately
wanting to pay more in property taxes so begging B.C. Assessment to
skyrocket their value based on highest and best use of housing that
doesn’t exist in the air above them and other areas like
that?
[2:15 p.m. - 2:20 p.m.]
Hon. K. Conroy: Again, B.C. Assessment is required to assess properties based on
market value, not on current use. Actually, the government recently
provided tools to local governments. That was through the property
assessment strategy review act, which was tabled last fall to help local
governments address certain challenges for small business
owners.
P. Milobar: I understand all that, but we’re going around in a bit of a
circle. The bottom line is that very few municipalities have enacted
that. Highest and best use is deemed by B.C. Assessment based on zoning
profiles, OCPs and what is going on in terms of the development in and
around those areas.
The problem is that there’s a big concern out there that B.C.
Assessment, if there’s a provincewide implementation where every lot….
Now, the minister…. If I said “must,” that’s not what I meant, but it
would have the ability under the Premier’s direction that he’s given —
that he’s intending on implementing legislation that will give everyone
the ability, the right, if they so choose, to make their single-family
home lot into a fourplex.
Now, that happening…. Yes, technically, if all properties get
assessed highest and best use, it would raise the assessed value of all
lots. The problem is that the single-family home owner who just wants to
still live in their bungalow — their assessed value will be going up
based on it turning into a fourplex, and their neighbour may be quite
happy with that because they want to turn their house into a fourplex
and tear down, or whatever, an old property.
But the person next door doesn’t want to, and they will be deemed,
under B.C. Assessment rules of highest and best use…. It is automatic
that they can, if they so choose, put a fourplex where a single home is.
That is the concern the public has out there.
What does B.C. Assessment…? The minister said, shockingly, that
they are not doing any work yet on this. It’s going to be a mad
scramble, if the legislation comes in the fall, to try to meet the July
deadline the following year for assessed values if there’s not any work
being done on it.
How can people have any confidence that their assessed values
won’t go up based on what B.C. Assessment typically does for highest and
best use? And given that…. Whether the person would like their home to
be zoned for fourplex or not, it will be, under the Premier’s
plan.
[2:25 p.m. - 2:30 p.m.]
[J. Tegart in the chair.]
Hon. K. Conroy: Zoning changes may affect the value if the market recognizes these
changes. However, if everyone’s value goes up, the tax rate goes down.
The taxing jurisdictions collect only what’s required. B.C. Assessment
does what they do based on the market.
J. Sturdy: Thank you to my colleague for the opportunity to ask a question or
two about B.C. Assessment, in particular. This will be an issue that
I’ve talked to the minister about in the past with regard to her
previous role around Crown land lease rates, both residential and
commercial lease rates.
There was a mention earlier, I believe, that B.C. Assessment is
obligated to look at leases as fee simple. I think that everybody agrees
on that. They’re also obligated to look at the assessments of lease
properties and to take into consideration the conditions that are placed
on those properties, the limitations that are on those properties. It
doesn’t really look like that’s actually happening.
We’re seeing, in places like Paradise Valley and Squamish, with
residential lease properties, that they’re being valued pretty much the
same as a fee simple ownership property. As the minister knows, that has
a direct result on their rent every year because the policy is a
percentage of value. I think it’s a pretty blunt instrument that is
being used here, and B.C. Assessment is not necessarily considering
those conditions that limit the value.
Would the minister consider amending that directive to B.C.
Assessment so that the assessed values more accurately reflect,
ultimately, what impacts their rent on an annual basis? It clearly does
affect value yet is not being considered.
[2:35 p.m. - 2:40 p.m.]
Hon. K. Conroy: I thank the member for the question.
B.C. Assessment is following legislation in place for how
leasehold properties are valued. As the member well knows, there’s a
well-established appeal process that his constituents can follow if they
don’t agree with how their property has been valued.
J. Sturdy: Yeah, I think that’s fair to say. They have been through this
process many times, and because of the constraints of the legislation
that suggest that these properties need to be assessed at the same
value. For example, if it has three years left on the lease or it has 25
years left on the lease, it’s the same evaluation as it is with the
neighbouring property that’s a fee simple piece of property that you can
borrow against. It’s all considered the same, so there needs to be a
little more flexibility there.
Beyond that…. Maybe it does take a change in legislation or some
consideration, anyway, because it’s inequitable. It’s unfair, and it
creates real challenges for people both at a commercial level as well as
a residential level because of the government policy around how
rents are set, which is on a percentage of value. We’re seeing
situations in the value-added wood sector where rents on Crown land are
doubling because of assessed values on leased land, so this has real
impacts on businesses as well as residents.
Is there any intention of the minister to assess this problem and
make some changes that are more reflective of reality and consider some
of the issues like, for example, the term time left on a lease, when
it’s being considered by B.C. Assessment?
[2:45 p.m.]
Hon. K. Conroy: B.C. Assessment operates a mass appraisal system that operates
right across the entire province, so they need consistent rules across
the province. The member’s issue is how lease rates are
determined on Crown land, and that issue lies with the Ministry of
Forests.
P. Milobar: Just to let the minister know, we’re going to turn the floor over
to the Third Party for a few questions here — they have a time
commitment — and then we will be coming back to B.C. Assessment for just
a couple of questions before we go on to other GCPE
questions.
S. Furstenau: Just for the minister and her staff’s information, the topics I
want to ask about are the output-based pricing system for carbon and
some issues around the small business employment health tax. I think
that’s probably all we’re going to get through. Those are the two
topics. I’m not sure if the minister needs time to get other staff in
the room or if that’s sufficient.
Hon. K. Conroy: If the member would like to ask her first question while we’re
bringing staff in, we’ll relay it to them and get the answer
quicker.
S. Furstenau: That’s great because there’s a bit of
preamble with the first
question just to kind of set the context and try to get some
understanding.
Budget 2023, subsequently in Bill 10, government introduced
output-based pricing system that replaces the existing taxation scheme
for large polluters. The new system will exempt large emitters from
paying the carbon tax upfront and instead require them to pay a carbon
price on emissions that exceed established performance standards. The
standards, I think, will be unveiled through regulation but have not yet
been seen. So I’m not sure what the standards are.
Emissions will be evaluated at the end of the year based on
required reporting and then must be verified by an accredited third
party. Sounds like professional reliance to me, but anyways, that’s
another topic. The process has not yet been totally clarified, so
looking forward to clarification on that.
Companies can also invest in offset projects to compensate for
their excess pollution. And, of course, this raises questions because
carbon offsets, simply as a clerical accounting mechanism, really
creates the conditions for emissions and pollution to rise, and I think
we should all be really focused, with a lot of intention and urgency, on
getting emissions down.
What Bill 10 does not establish…. My understanding is it doesn’t
establish emissions thresholds or complete framework on verification and
validation processes. And these details are quite crucial to assessing
the merits of B.C.’s new system, which I think we should be quite
concerned with.
The language around the output-based pricing system portrays it as
a means to protect industry competitiveness and prevent carbon leakage,
but the very real concern that we have and that many others share is
that heavy emitters will ultimately pay less under this system. I think
for the people of British Columbia, what they’re paying in carbon taxes,
if they find out that the biggest polluters in the province actually get
to pay less, I think there’s a real fairness and justice issue in
this.
And on carbon credits, there was an investigation in The
Guardian recently that found over 90 percent of offsets are
phantom credits that don’t actually reduce emissions.
[2:50 p.m.]
We know that the carbon credit system can be gamed, and I think
with the state we’re in with climate change, we don’t want any openings
for gaming these systems.
Another study done by the University of Berkeley showed that top
carbon offset registries have “consistently allowed developers to claim
more climate-saving benefits than justified.” So the concern is if
B.C.’s new greenhouse gas pricing system for the largest polluters is
going to be heavily reliant on carbon credits to lower emissions, I
think it really puts in jeopardy the entire net-zero plan and, also,
B.C.’s commitments to their emissions targets, which have been laid out
in law.
My first question is: will large emitters ultimately pay less
under this new output-based pricing system compared to the current
carbon taxation model?
B. D’Eith: I’d like to seek leave to make an introduction.
Leave granted.
Introductions by Members
B. D’Eith: In the gallery right now, we have one half of the grade 11 class from
Thomas Haney in Maple Ridge, with Todd Goodman. I had the pleasure of being
with them outside. We had a picture and were able to talk about the
House.
Just so that they know what’s going on right now, we’re in budget
estimates, and the Leader of the Third Party just asked a question to the
Minister of Finance. She’s the Leader of the Third Party. So the opposition
will ask questions to the minister, and that’s how the process
goes.
Would the House please make the class of Thomas Haney feel very
welcome.
[2:55 p.m.]
Debate Continued
Hon. K. Conroy: I thank the member for the question. The goal is to get greenhouse
gas emissions down, to get the heavy emitters to reduce their greenhouse
gas emissions. What OBPS does is it gives the heavy emitters incentive
to reduce their emissions.
I think that’s all of our goals. It’s about making sure that the
heavy emitters reduce their emissions. They reduce their emissions; they
pay less. I don’t think there’s anything wrong with that. I think that’s
a good thing, because they’re reducing their emissions, and that’s the
goal. The goal is to reduce greenhouse gas emissions.
The OBPS system will ensure they’ll pay more for producing more.
They’re already working to get those emissions down. We know that. We’ve
heard that. They understand the system is coming into play, so they’re
working at that, which is what everybody’s goal is. Based on the
modelling done and the framework that has been released to date, the
analysts show that heavy emitters would be paying at least as much under
the OBPS, as far as fees go, as they would under the current carbon tax
model, while they get up to speed with how they’re going to bring their
emissions down.
But as I said, we know — I’ve had it from my colleagues, had it
from industry — that emitters are looking and saying: “Okay, we need to
get our emissions down.” They recognize it. You talk to some of the
companies, they have just as great…. They’re looking at ESG qualities,
and they recognize that, as corporate companies, that’s what needs to
happen. That’s what we’re looking at with this system.
[3:00 p.m.]
S. Furstenau: I wholeheartedly agree with the minister. The goal is to get
emissions down.
The nice thing about the current carbon pricing system is that
it’s really clear. It’s really simple. It’s a price per tonne, and it
applies to everybody equally, so the incentive is built right into that
system. The whole system is meant to be an incentive. The more you
pollute, the more you pay. The less you pollute, the less you pay. It’s
clear. It’s easy to understand. There isn’t a complicated framework that
goes with it. There isn’t a difference between individuals and small
businesses and medium-sized businesses and big industry and heavy
emitters.
I think that the concern I have about this system is that it’s not
clear and simple. It’s not a straightforward system that is easy for
everybody to understand. The concern raised about it is, again, this
ability to purchase carbon offsets to kind of find ways to game the
system. That’s the concern I have, and I don’t really understand why
we’ve departed from what was a straightforward carbon-pricing system
into this output-based pricing system.
I’ll ask just a clarification question on it. Would industry
operators be allowed to trade carbon credits with other operators in
order to ensure compliance with performance-based standards? In this
system, in this framework that’s being developed, can there be trading
of carbon credits between different operators in the industry? Would
there be a limit to the number of offsets that can be purchased? And, I
think importantly, how is there going to be assurance that the credits
being purchased for offsets are reliable, given the investigations
recently that 90 percent of these offset credits don’t appear to be all
that reliable?
That part of it…. Instead of taking the simple, “You pollute this
much, you pay that much” — it’s really clear — getting into the system
where you can buy offsets and your emission standards and all these
things…. What’s the assurance that those carbon offsets are reliable?
And how much can there be of trading these offsets between operators
within industry?
[3:05 p.m.]
Hon. K. Conroy: To clarify for the member, we really liked our carbon model, as
well, and we got an international award for it.
However, there was a requirement to align with the federal
government that didn’t work with our CleanBC program for industry, so we
needed to develop our own output-based pricing system. Our made-in-B.C.
output-based pricing system will ensure that we meet commitments for
greenhouse gas emissions reductions of carbon leaks, as I said, as well
as the emissions.
Our system will allow B.C. operators who are exceeding the
standards to generate offsets, which they can then sell to other B.C.
operators. I think it’s fairly simple; it’s not a complicated thing.
It’s if you create too many emissions, you either can buy offsets or you
can pay.
[3:10 p.m.]
You have to reduce that so that you don’t pay as much. If you have
less emissions, you benefit from being able to sell some of those, what
you’ve been able to save, so it’s fairly simple.
The decision on offsets is one that we are currently considering.
The reliability of credits is monitored by the Ministry of Environment
under their legislation.
S. Furstenau: I appreciate the minister’s responses. I’m going to just switch,
and I think it’s probably going to be my last question because we had
the time booked. I see that the official opposition just shrugged his
shoulders — maybe the second-last question.
I want to talk a little bit about the conditions for small
businesses. There are pressures on small businesses that we hear a lot
in our offices. We hear a lot from constituents, from the people who are
operating small businesses.
They’re really hoping to see some relief to the growing burdens
they’re facing in small businesses. One example is the employment health
tax. It has an exemption up to $500,000 before the tax is applicable on
any employee remuneration. This tax is scaled, with different
percentages being applied between $500,000 and $1.5 million, and then
anything over $1.5 million. The Ministry of Finance has indicated the
exemption of $500,000 was originally put in place so that 85 percent of
businesses in B.C. would not need to pay the tax.
But with the increase in minimum wage, and no proposed increase in
the exemption amount, some small businesses are going to find themselves
going just over that line of $500,000 or choosing to reduce hours for
their employees or lay off an employee to not go over that $500,000
line, which really puts them into a very different economic situation.
Restaurants we are hearing from are especially impacted by this change —
already vulnerable, recovering from the tumultuous last three
years.
My question for the minister specifically…. We’ve proposed that
the threshold be raised to $1.5 million overall. I think that would help
small businesses and not discourage businesses from growing that little
bit. Right now, there is really an incentive to not grow because once
you go over that $500,000 threshold, you’re in a new tax
bracket.
In addition to considering raising the threshold generally, would
there be a consideration to index the exemption limit to minimum wage?
If there is an increase to minimum wage of 6.9 percent, would we see a
commensurate increase to the threshold of the same amount that the
minimum wage has gone up so that businesses wouldn’t automatically find
themselves, having no increase in staff or even revenues, above that
threshold where they have to pay the EHT?
B. D’Eith: I seek leave to make an introduction.
Leave granted.
Introductions by Members
B. D’Eith: Thank you very much. With the indulgence of the House, I have a second
introduction of the Thomas Haney class of grade 11. It’s Todd Goodman’s
class. Welcome to the people’s House. It was very nice being able to have a
picture with you outside.
You just heard a question from the Leader of the Third Party. What’s
happening right now is the opposition is asking questions to the Minister of
Finance in budget estimates, and that’s what you’re watching. It will now go
back to the official opposition to ask more questions.
Would the House please make our students welcome.
[3:15 p.m.]
Debate Continued
Hon. K. Conroy: The government continues to monitor the impact of the EHT on
businesses, and it’s done every year around budget time. Government
looks at small businesses for their…. They analyze the threshold
parameters of the various taxes as part of the budget process. So that
is done every year.
[3:20 p.m.]
It is true that more than 85 percent of businesses in B.C. don’t
pay the tax at all, and fewer than 5 percent actually pay the full
amount.
So if a business…. If their amount goes up by a small amount, it
would be a very small amount that that would be increased by. So it goes
up by a very small amount. And again, only 5 percent actually pay the
full amount.
S. Furstenau: Just to restate the question, though, is there a consideration of
indexing the threshold so that when there is an increase to minimum
wage, there would also be a commensurate increase to the threshold for
EHT?
Hon. K. Conroy: Just to restate the answer, we look at a number of initiatives
when it comes to small businesses and taxes. We will do that during the
budget process. We do that, and it’s always been done.
P. Milobar: I think my colleague from Sea to Sky is tied up in some other
areas, so we’ll just move on to GCPE instead of going back to B.C.
Assessment, if that works for the minister.
I’m not sure. Is there staff changeover? Do you want me to ask a
question or just wait?
The Chair: We will recess for five minutes.
The committee recessed from 3:22 p.m. to 3:26 p.m.
[J. Tegart in the chair.]
The Chair: We’ll call the committee back to order.
P. Milobar: Now, GCPE and governments are supposed to operate under
non-partisan advertising standards, but that’s been questionable over
time immemorial, I guess. But really, in terms of the budget, it appears
there is around $29 million this year in the budget for GCPE.
Can the minister split out what the total amount is for
discretionary advertising, and what is the total amount for statutory
advertising in this budget?
[3:30 p.m. - 3:35 p.m.]
[S. Chandra Herbert in the chair.]
Hon. K. Conroy: Discretionary advertising in GCPE is $3.537 million.
P. Milobar: Okay. I’ll assume, then, there’s no statutory
advertising.
Can the minister list if there are any individual ad campaigns
that are receiving funding through Budget 2023? What are the respective
budgets for these ad campaigns that would be, I’m assuming, going
through several months?
[3:40 p.m.]
Hon. K. Conroy: Just for the member’s question prior to this one…. For all of
government, the statutory advertising is $1.576 million. It’s across
government. That’s not in the GCPE. It’s in individual ministry budgets.
I just wanted to make sure the member knew that.
For the GCPE information campaigns that the member was asking
about, which are in progress and planned for this fiscal year…. We’ve
posts related to corporate priorities.
P. Milobar: The minister actually — it was a good segue there — touched on my
next question in her answer.
That is: what is the split between local media ad buys — the small
newspapers, the small publications, the smaller radio stations, TV, more
Metas of the world and Twitter and those types of publications? I guess
they’re not publications but posting areas. What is the split of
advertising dollars between more B.C.-based business versus those
Hon. K. Conroy: We’re getting that information, but it’s taking a little longer
than we thought it would. If the member would like to ask another
question in the interim, just to keep things going.
mining from the ads that they run and use that data to help inform and
distribute future ads?
[3:45 p.m.]
Hon. K. Conroy: You learn something new every day. No, we don’t engage in data
mining.
P. Milobar: Looping back to the $1.576 million that has been deemed
non-statutory…. That was pulled out of other ministries. There’s
$600,000 of internal recovery within contingencies. Is that to help
cover off the staffing that would be related to that advertising being
done in other ministries?
R. Leonard: I seek leave to make an introduction.
Leave granted.
Introductions by Members
R. Leonard: I’d like the House to welcome the grade 10 and 11 class of Mrs.
Tansky, from the Phil and Jennie Gaglardi Academy in Comox. There are 25
students here today along with some chaperones and Mrs. Tansky, who comes
every year with some students to appreciate how we work, how government
works here, and to give them a taste. I hope that they appreciate the
splendour of this building and the good works that are accomplished
here.
If the House would please welcome Mrs. Tansky’s class from the Phil
Gaglardi Academy.
[3:50 p.m.]
Debate Continued
Hon. K. Conroy: Okay. I have everything. I’ve got all the answers.
The second question the member asked: the amount the member is
referring to is actually internal recoveries related to TNO ,
Today’s News Online . It’s not contingencies, the specific
amount the member referred to.
I have the breakdown of advertising. Newspapers — it’s 13.9
percent of newspapers right across the province. Digital is 38.5
newspapers’ websites. Black Press has a website right across the
province, so it includes ads on those newspapers’ websites as well. TV
is 21.8 percent. Radio is 15.2 percent. And I’ve just learned something
new. Out-of-home advertising — which means you’re not in your home, so
that means billboards or bus shelters — is at 10.4 percent of the
advertising.
P. Milobar: The minister said the government doesn’t engage in data mining
recent Premier’s telephone town hall that was done. I believe it was in
conjunction…. The Minister of Finance might have been on that. I saw
some of that was billed as a budget update, some of it not. I’m not sure
if the minister participated in some of those or not. I’m assuming that
campaign, those phone town halls, were coordinated by the
GCPE.
[3:55 p.m.]
Hon. K. Conroy: Yes, I did participate in the town halls. They were done as a way
of sharing information about our budget and asking questions, because
that was the goal, to ask questions that people had an opportunity to
submit. It was done by GDX and Citizens’ Services. It was supported by
GCPE, but it was done by GDX.
Just so the member knows, we are restricted from doing any data
mining, from gathering any personal information on those calls, so of
course, we didn’t. They were all done with the CRTC rules that protect
privacy and allow people to opt out if they choose. I mean, it was very
much an opportunity for people to ask questions, either by voice or by
online questions, and a great opportunity to have those questions
answered.
We had 30,000 people on one night’s call and 28,000 on the other.
It was people from right across the province asking questions about our
budget and the direction we’re moving in. It was a great opportunity for
people to engage in that. We heard from people after the fact that they
wished they’d pressed the button to actually engage and hadn’t, but they
listened and asked questions to me after the fact when I ran into
them.
It was a great opportunity for us.
P. Milobar: I understand the want from our government, to want to reach
out.
I guess my next question, though, is I received word from several
constituents wondering how unsolicited text messages inviting them to
these telephone town halls, from people that would most obviously not
have any interconnection with the government and/or especially the NDP,
would suddenly be getting unsolicited — to a cell phone, especially, not
a land line — invitations to things like this.
Does GCPE regularly engage that way? How are they collating a
distribution list, when it’s people’s personal cell phones that are
getting unsolicited text messages from a number? In the case of people
in Kamloops, they were getting texted from a phone number out of Vernon
— you know, had never texted these cell phones previously. It was the
first time they’d ever had contact with this number making the invite,
so they have concerns how government is processing and using the data
they actually have on these people to try to then spin that into
government communications product.
[4:00 p.m.]
Hon. K. Conroy: First of all, I want to make it clear that people had the
opportunity to opt out. This was not meant to engage with just New
Democrats, BCU members, Conservatives or Green Party members. This was
meant to engage with all British Columbians — an opportunity to answer
their questions — because these were their questions.
We weren’t just saying: “We’re going to talk about what we want to
talk about.” We were answering people’s specific questions, and that was
really important. It was a good way to do that. Again, we don’t have the
data, per se; the provider does. They do the random dialling. They use
the phone book, but they also do random digital dialling. The provider
did that, not us. That information wasn’t shared with us as a
government.
People don’t need to worry. We don’t have access to their cell
phones or their phones. A lot of them came from the phone book. We
followed all of the CRTC rules.
We have done this before. We did it with Minister Dix, during
COVID, and the PHO. It was very successful. We thought this was another
opportunity to answer people’s questions. It wasn’t about us giving our
spiel. It was about answering people’s questions. I know there were
people from all walks of life and all political parties that engaged;
you can tell by the questions that were being asked. I think it’s really
important that we give people that opportunity.
P. Milobar: The minister can try to spin it and say that it wasn’t about the
government doing their spiel. But last I checked, the official
opposition wasn’t asked to participate, to provide our perspective to
taxpayers in the province. The official Third Party wasn’t invited to be
a participant, a panellist, so to speak.
It was very much the government, the Premier and the Finance
Minister trying to convey to the public their take and their perspective
on the budget. Yes, people were able to ask questions. The answer, as
we’ve witnessed through estimates throughout this House, can be spun in
many different ways, with very little opportunity to go back and
forth.
The crux of the question was really concerns around how people are
having their phone numbers accessed and that databases are being used.
Obviously, this is a fairly sophisticated firm that was doing this,
under contract from the province. It would have been very expensive,
given the sheer numbers, on a couple of the calls that the minister
referenced.
Again, I didn’t see the government offering up either
participation of the official opposition or funding to the official
opposition to try to fund a similar type of town hall outreach to
provide a different perspective of views on the budget either. Frankly,
it was fairly government self-promoting.
To that end, how much did these telephone town halls cost the
government and the taxpayers of British Columbia?
[4:05 p.m.]
Hon. K. Conroy: What do you say? I’ll give him the exact numbers. Each telephone
town hall cost $37,975. That’s including tax. That puts it up a little
bit. When you think that we reached almost 60,000 people, it’s less than
$1.50 a person, which is pretty cost-effective.
I would equate it…. It’s actually no different than when the
former Premier, Christy Clark, went on TV a number of times and did her
promotion of the government. Opposition was never invited to give our
viewpoint. No other party was invited to give their viewpoint. That did
happen a number of times.
Government has an opportunity to…. At least with our opportunity,
we were answering questions. This was not a half-hour session of
listening to what we were doing. It was actually us answering questions.
Again, I knew they were questions from people of all political stripes
and from right across the province, which was really great to
see.
P. Milobar: I’m sure there was even less political spin than that answer when
it came to the answers on the telephone town halls.
It’s always interesting when it’s: “Do as I say, not as I do.”
This government, when they were in opposition, seemed to have a lot of
problems with advertising. I’ll get into some of those other statements,
previously made, of: “Do as we say but not now as we do.”
That appears to be around a $76,000 contract. Was it sole-sourced,
or did it go out to open bid?
Hon. K. Conroy: It was a standard competitive process.
P. Milobar: To clarify, was that put on B.C. Bid, or was it someone within
GCPE that was reaching out to preferred vendors to ask about their
availability?
[4:10 p.m.]
Hon. K. Conroy: There’s a limited number of vendors that do this kind of work. We
reached out to three of them. Two provided bids. PrimeContact secured
the bid.
P. Milobar: We seem to have a staffing component of the GCPE, to buy $3.5
million worth of ads in a year, of $23.2 million. It’s costing in wages
and manpower, womenpower, $23.2 million to place $3.5 million
worth of ads in a year.
Now, GCPE also has a budget of $29.3 million. Can the minister
explain: is that $2.6 million being used for polling by the
government?
[4:15 p.m.]
Hon. K. Conroy: Two things I’d like…. One I’d like to clarify. I want to just
clarify that there are five people who work in the GCPE who deal with
advertising. Last year we….
What I think the member is referring to is
how much is budgeted to spend on research, and it’s $432,000.
P. Milobar: I’m confused. There’s, it appears, a staffing complement of $23.2
million. But the minister is saying there are only five people that work
on advertising. What do the rest of the people in GCPE do, in general
terms? I don’t need exact job titles but then to make up the difference
between five people and $23.2 million.
Hon. K. Conroy: There’s a lot here. I mean, they produce and coordinate digital
content related to priority files of government; provide strategic
direction on engaging audience using online communication channels. That
would include strategic digital content, video production, community
management. They could use concept and design for government priorities
and projects to maximize the effectiveness of materials.
Making sure we’re communicating with our audience; support for
public-facing government-branded materials; graphic design for all the
ministry offices; maintaining the B.C. government identity brand;
marketing; advertising; campaign development; media buying; strategic
communications planning; market research; brand development and
management; copyrighting; ensuring appropriate advertising budgets are
in place; advancing cross-ministry strategic communications; priority
projects; coordinating communications expertise; corporate input on
significant announcements that relate to the government’s platform or
individual ministry mandate letters.
They provide editorial advice, editorial services; specialize in
writing and message development; coordinate strategic communications for
executive council in the Premier’s office; centralized planning
management and execution of public events; oversight of centralized
cross-ministry corporate calendar; coordination of B.C. government
communications activities; media relations and management of media-based
events; provincial, regional and ethnic cultural media support;
translation services; media monitoring; transcription and distribution
to internal and external clients.
I mean, there’s…. Does that give the member the gist? I mean,
there’s a lot more. I could keep going. I mean, there’s a lot more than
just advertising.
P. Milobar: No. I wasn’t trying to be flippant. I didn’t even want the public
to think five people were making $23.2 million. So thanks for
that.
Just imagine, I wouldn’t even have this many questions if the NDP
had followed through on their 2013 commitment — if we’re going back down
memory lane, as the minister did earlier — that the Auditor General
would review every ad before it went out to ensure it was non-partisan
in nature.
[4:20 p.m.]
But I get that time marches on, and the NDP didn’t want to live by
that 2013 commitment once they formed office.
I noticed that the polling number, the dollars spent on polling,
has increased dramatically. It has more than doubled since 2021,
actually. In 2021, it was about a $200,000 budget for polling, and now
it’s at $432,000.
I’m wondering if the minister can clarify. On March 8, there was
OIC 157, which appointed Paul Noble as director of research and
analytics, government communications and public engagement, Ministry of
Finance, for a term ending October 7, 2023. The salary is between
$96,400 and $128,100 per year.
I don’t take issue with someone being paid, and I get that these
are professionals and everything else. The question really is: is that
$96,400 to $128,100 range included in the $432,000, or is it over and
above that?
Hon. K. Conroy: I’m just going to answer a number of questions that the member
raised without realizing he was raising them.
Just to clarify on ad standards, all of our ads, all GCPE ads, are
reviewed against the non-partisan criteria established by Advertising
Standards Canada. They approve our ads to make sure that they’re
non-partisan.
[4:25 p.m.]
Also, the member referred to the research budget. The budget
doesn’t change, but in 2021, it was underspent significantly because of
COVID, so that’s why there’s a difference there.
As far as the OIC the member talked about, the budget, the salary
for that person is separate from the research budget.
P. Milobar: Well, there’s a lot there in that answer.
First off, the justification to go to $400,000 on polling back in
2020 was because of COVID. That was all pre-election polling. In fact,
the minister at the time said: “ That information gets used in program
development. That’s how it has been used, and that’s how I think it’s
always used — making sure that we understand where people are at so that
we can be a responsive government.” She also said polling was done by
government to understand how programs are being perceived by the public,
in regards to COVID. That was $400,000 during COVID.
The next year, budgeted was $200,000, in 2021, not spent,
underspent. Budgeted was $200,000 in 2021, recognizing that the first
wave of COVID information needed to diminish. Polling, more
importantly…. This isn’t about advertising. This is about polling on
public policy dollars.
The minister can call it research all she likes. It’s polling. In
a time leading up to an election, it was $400,000 under the guise of
COVID. Immediately after that, it dropped back down to $200,000. This
year it has jumped back up to $432,000, plus a new director being hired
in the $100,000 range, on top of that, to oversee.
Now, the minister talked about — how she phrased it — coordination
efforts with the Premier’s office as part of GCPE duties and
responsibilities. So how much is that within the budget to coordinate,
and how much of that ties in with polling and other information that’s
either going out from GCPE or being captured by GCPE through polling,
which is research, back through the coordinated staff with the Premier’s
office?
Hon. K. Conroy: That’s a fairly detailed, specific number the member is asking
for. It’s going to take some time to find it. We’ll get that back to
him, and we can move on to other questions just for
time-wise.
P. Milobar: One other clarification too. I noticed the minister said,
“advertising standards,” but didn’t say to ensure that they’re
non-partisan in nature or that they’re directing people to a government
service. That was something that was left out.
No, sorry. The minister referenced non-partisan but didn’t
reference the whole piece about directing people, in an ad, to a
government service or how to access government support or help or a
program, which was something that, again, the NDP railed on, in
opposition, that needed to be a part of every government ad —
directing.
I say that because there are billboards all over Victoria that
say, “Child care is affordable,” and that’s it. That’s all it says. It
doesn’t say how to link or anything else. It doesn’t say how to access
child care. It doesn’t say how to get to a program or
anything.
So there are some growing questions, especially as we get closer
to election windows, on how this government chooses to spend the dollars
of the taxpayer — especially, as I say, pre-2020 election, polling
dollars went up to $400,000.
[4:30 p.m.]
We’re in the window of an election year coming up within the next
16 months. It has to happen. Magically, polling is back up to
$432,000.
Now, this coordinated person with the Premier’s office…. We’ve
tried through FOI, and we can’t seem to get any answers. I know this is
going to seem somewhat frivolous, but we have heard varying numbers, and
some were quite shocking.
I’m hoping the minister can provide some insight into the various
machinations that GCPE would have gone through, I am assuming, to
coordinate with the Premier around his podiums, nicknamed the
explodiums, and their hydraulic systems and everything else that goes
into it. We’ve heard some very large dollar figures attached to those.
Can the minister confirm (
a) what those costs were, and (
b) if they were
over a certain price point, were those sole-sourced, or were they open
bid?
Hon. K. Conroy: GCPE did not purchase or design a podium for the Premier. The
podium is provided as a component of a standard kit as part of a service
agreement with a third party that GCPE holds a standing arrangement
with, as they would with anybody who needs adjustments when it comes to
podiums.
P. Milobar: Okay. In terms of going back to the non-partisan ads and adhering
to the standards, my understanding is those standards only apply to any
ad purchase that’s over $250,000. Any ad buy that’s under $250,000 is an
internal review. Is that the case or is everything an external review
around whether or not it’s a non-partisan ad regardless of the price of
the advertising buy?
[4:35 p.m.]
Hon. K. Conroy: The non-partisan ad standards include both internal and
external reviews of government information advertising expenditures by
ministries under STOB 67, information advertising. The standards were
developed following a review of current practices and guidelines in
other jurisdictions, as well as the recommendations for implementation
of non-partisan advertising standards by the Office of the Auditor
General and three private members’ bills that were introduced in 2013,
2016 and 2017.
The B.C. government has engaged Advertising Standards Canada to
conduct two-stage, independent, third-party reviews against non-partisan
advertising criteria for advertising campaigns exceeding $250,000 — that
includes the production and placement costs — at the draft creative
stage, followed by a final review when creative materials are ready for
publication or broadcast. Results from all independent, third-party,
non-partisan advertising reviews with a value over $250,000 are posted
online.
For information campaigns below $250,000, an internal review
through a third-party contractor takes place to ensure the ads meet the
non-partisan criteria. Advertising of any value must meet all the
non-partisan advertising criteria before it can be released for
publication or broadcast.
P. Milobar: Now, looping back in with the research that the government does
this year with their $432,000 plus $100K for its new director of
research, I guess the question would be: did we not have somebody in
GCPE overseeing polling and research previously? Is this an additional
hire, or is this an unfilled position that was sitting there desperate
for someone to come in? Can we get a little more clarity as to why there
needed to be an OIC, in particular, for one individual hire within
GCPE?
Hon. K. Conroy: For the member’s information, there is an OIC for every single
person hired in GCPE — just for clarification. This position was
identified some time ago and has remained unfilled until
recently.
P. Milobar: I’m just wondering, then, why it would be a position that has a
fixed date in terms of October. It seems it’s only a six-month
appointment from March to October, and then it doesn’t continue on. It
would seem continuity might be important in a position like
that.
[4:40 p.m.]
Hon. K. Conroy: This is a common practice.
P. Milobar: We’ve had a long list, $2.715 billion, of supplemental estimate
items that recently were dealt with by this chamber. I’m just wondering
how much, if any, was spent on polling. Well, I’ll call it “research,”
just so the minister doesn’t say, “nothing,” because it wasn’t polling
in her mind. Was research done in regards to any of the items on the
supplemental estimates list?
Hon. K. Conroy: There’s no research on any of these items specifically.
P. Milobar: Has there been research done, or is it budgeted to be done, around
decriminalization?
[4:45 p.m.]
Hon. K. Conroy: At this time, there is no research planned on
decriminalization.
P. Milobar: Just a couple more items on this area. How about anything done or
contemplated to be done on the housing plan or the catch-and-release
justice system?
[4:50 p.m.]
Hon. K. Conroy: We’re just getting some exact information for the member, but I
have a question for the member. We have representatives from the Crowns
here today. We were going to be doing the Crown estimates. So I just am
wondering if we could get an understanding of which Crowns we will still
need, either before the end of the day or tomorrow, so we can give them
a courtesy heads-up, if that’s possible.
P. Milobar: Sure. It’ll likely be BCLC and the Infrastructure Benefits. Those
will probably be the two that would be most critical to deal
with.
What’s that?
Interjection.
P. Milobar: No, I think we can move on from that. We only have a few hours
tomorrow anyway, so it will be tight for time. Apparently. That’s what
I’ve been told. We’ll see. I’ve been known to stretch it if I have to,
though. Just ask the Environment Minister.
While we’re waiting for that answer, then, maybe I can just loop
back and clarify around the decrim. I’d asked about planned or done, and
I heard the minister say that nothing has been planned in terms of
polling/research towards decriminalization. But if she’d said it, I
missed it. Could I just get clarification on whether or not anything was
actually done with polling/research around decriminalization?
[4:55 p.m.]
Hon. K. Conroy: I just want to clarify with the member. Part of the reason we do
the research is so that we can listen and learn and take action on
priorities that matter to people.
We will be doing periodic research, which asks general questions
on public safety, crime and housing, again, asking the public what’s
important for them. We did hold focus groups, and focus groups are part
of research. So that’s why it’s all categorized as research, because
it’s a much broader topic. So focus groups are very much a part of
research. We asked what supports people wanted to see when it comes to
mental health and addictions, with a focus on
decriminalization.
P. Milobar: I’m wondering if, again, “done” or “is planned” or “is underway”
in terms of polling/research on the issue around the Surrey police
transition has been done as well.
[J. Tegart in the chair.]
Hon. K. Conroy: Yes, we did research on the Surrey police situation.
[5:00 p.m.]
P. Milobar: That’s interesting. We have a $150 million plan now for one form
or another of policing in Surrey. Did that $150 million, brought forward
for Surrey by the Solicitor General, go through Treasury
Board?
Hon. K. Conroy: All financial matters go through Treasury Board.
P. Milobar: The minister is saying that it has already gone to Treasury Board.
It has already been approved, the $150 million that the minister has
committed to Surrey, if they stay with the Surrey Police
Service.
Hon. K. Conroy: Yes. Again, all financial matters go through Treasury
Board.
P. Milobar: Well, Madam Chair, I guess I’m a little confused. We have a highly
charged, dragged out process around the Surrey police force or the RCMP.
It has been 4½ years now.
The government has just acknowledged that they have been polling
in advance of making a final announcement of a report, which has been
heavily redacted, on what direction they’re going to go in, with $150
million for one form of policing and zero dollars for another form of
policing. I guess we can all guess what the research might have
indicated to the government.
I’m a little surprised. My understanding is…. In the Solicitor
General estimates, the Solicitor General said the $150 million had not
gone to Treasury Board yet.
Could we get further confirmation from the minister around
this?
Hon. K. Conroy: You can direct your question to the Solicitor General.
All financial matters go through Treasury Board.
P. Milobar: Can the minister inform the House, then, on what date she
approved, as the head of Treasury Board, the $150 million for the Surrey
police force and whether or not there are actually additional dollars
over and above the $150 million?
The Solicitor General, again, has indicated the $150 million might
not be the end number. They’re open to negotiation and discussion with
Surrey.
Hon. K. Conroy: We don’t disclose details of Treasury Board decisions.
P. Milobar: I’m simply asking for a date that this was approved. I’m not
asking for the details of the decision-making. We already know
government internal polling, paid for through GCPE, helped inform this
decision by government, given that they were out polling on the Surrey
police transition.
We have a document, which is 80 percent redacted by the
government, that is supposed to provide us the basis of this government
decision. The Solicitor General — now, maybe it’s because he’s still a
rookie in this place — has indicated that it went to Treasury Board. I
would assume the only member of the government from the ’90s, the
Solicitor General, who was in cabinet then and is in cabinet again,
understands how Treasury Board works and how that process works. He has
indicated that this had not gone to Treasury Board. We have the Finance
Minister saying it had.
[5:05 p.m.]
I think the residents of Surrey and the council of Surrey, at a
minimum, if not all the taxpayers in British Columbia, deserve a little
bit more clarity on something as important as a five-year commitment of
$30 million a year, which may or may not have gone to Treasury Board and
which would likely have to be funded through this minister’s
contingencies, as she ultimately has responsibility for in this
budget.
We’re simply asking for a date that this went through Treasury
Board. Is the minister trying to say that even the date of a Treasury
Board decision is confidential?
Hon. K. Conroy: I can’t speak to what was or wasn’t said in other estimates.
Again, the member needs to refer his questions to the Solicitor
General.
We don’t disclose the agendas of Treasury Board.
P. Milobar: Well, again, I’m not asking for an agenda.
The minister can point to former ministers. I’ve been advised they
would give up something as simple as a date of a decision. In fact,
there are a few former Finance Ministers kicking around these chambers
these days.
I’ve been around this questioning line on Treasury Board decisions
over and over again with ministers, Finance and other ministers, over
the years, in my few short years I’ve been here. Ultimately, after we do
this back-and-forth for about an hour, the minister says: “Well,
actually, I can give up a date.” A date isn’t actually, again, betraying
anything to do with minutes, anything to do with what the discussion
was.
I’m not asking if any of the members from Surrey, who might have
been on Treasury Board, who are MLAs, were in the room for the vote and
the discussion and what they had to say about that or not. I get that
the minister might not want to convey that. I’m simply asking for the
date the decision was made.
This is a report that the government has been sitting on for
months and that Surrey has been waiting for. We’re well into this year’s
budget fiscal year already. This is money that obviously isn’t
identified in the regular budget. It would have to come out of
contingencies.
[5:10 p.m.]
Again, what was the actual date that the final sign-off on
Treasury Board happened for the funds within the Surrey policing plan
that was presented by the Solicitor General? Again, no discussion
points, not how many meetings you had to come to a conclusion or a
decision, just the date.
Hon. K. Conroy: Again, we don’t disclose agendas from Treasury Board.
P. Milobar: Well, I guess we can see why this has been voted the most
secretive government in Canada. It is not a confidential piece of
information. Dates get released by government all the time if they
choose to, if decisions had actually truly been made, both in cabinet
decisions as well as it relates to Treasury Board decisions.
The fact that we’re dealing with a document that the Solicitor
General told us, “Why don’t you go read it?” during question period,
when it’s been redacted by 80 percent, shows how much this government
doesn’t want the full story to be out there. It breeds actual
uncertainty, and it breeds skepticism in the public, and it will
probably undo a lot of the polling that might have been done ahead of
time for the government, when they want to keep on playing this game of:
“We can’t tell you something as simple as a date.”
I guess I’ll ask the minister this question. The law was changed.
The legislation was changed, enabling the minister or the head of
Treasury Board to make unilateral decisions without a full Treasury
Board meeting taking place. Was the decision based on a Treasury Board
meeting or the minister herself just signing off on the payment within
the Surrey policing transition plan?
[5:15 p.m.]
Hon. K. Conroy: No, the decision did not go under the delegation framework that
the member refers to.
P. Milobar: Sorry, just with the Crowns, I totally had forgotten. My colleague
had a couple of pension-related questions for BCFSA, and I was hoping to
sneak those in by end of day today. It just tweaked in my head when he
walked in.
I do apologize for that. I wasn’t trying to be…. If they have
left, if they’re able to come back tomorrow, if they don’t have to
travel out of town, then we can always fit it in tomorrow. We’ll see
where we get to that. We can wrap that part up by the end of the day, if
need be.
In terms of the funds that were approved by Treasury Board for the
Surrey policing and that report…. Again, I recognize the minister won’t
get into the weeds on what the Solicitor General’s decision-making was
or wasn’t in terms of which police agency to go with and which would
receive money or not receive money. That would have formed the basis of
the Treasury Board approval, one would assume, though.
We’ve also heard from the Solicitor General that that is not a
defined number yet at this point — the $150 million. It could be for a
longer period of time. It could be bigger dollars in the same time
frame. It could be bigger dollars in a shorter time frame. That is all
still being worked out.
It seems a little odd that Treasury Board would have felt that
they had enough information to go ahead and make an approval and start
talking publicly about it, given that when I just questioned the Health
Minister the other day about a cancer centre in Kamloops, he couldn’t
give me an answer as to even an order of magnitude of dollars because
nothing’s gone even remotely near Treasury Board yet. Yet here we have a
preliminary number, by the sounds of it, from the Solicitor General
floated out there.
Again, this is quite serious, because it’s not just the Solicitor
General. He’s also the Deputy Premier. We’re dealing with the Finance
Minister. I mean, these are the highest levels of ministers of the
Crown. The Attorney General would probably be the other of the trifecta
of ministerial oversight.
It’s troubling when we’re hearing these slightly different
versions again. It’s troubling for us, but there are close to one
million people in Surrey wondering what the heck is actually going on,
moving forward, on a police transition that has taken 4½ years to get….
Now not even a definitive answer out of the province as to what is going
to happen.
Can the minister confirm, first off, that these funds will have to
be coming out of contingencies and new programs and, secondly, if $150
million was the approval number for Treasury Board, or was it a higher
number?
[5:20 p.m.]
Hon. K. Conroy: Yes. In general, new allocations, or things not budgeted for after
the budget is tabled, can be funded out of contingencies.
P. Milobar: Thank you. That’s why I’m trying to get a date on the Treasury
Board decision on this. We’re trying to determine whether it’s part of
the existing budget or if it’s part of the contingencies in terms of
that. Again, it sounded like the minister explained what contingencies
are used for. But specifically, the $150 million for the Surrey
transition, the recommendation by the Solicitor General for that — is
that coming out of contingencies, or is that contained within the
existing budget?
Hon. K. Conroy: I said, “in general,” and, again, I’m not disclosing information
coming from Treasury Board.
P. Milobar: I’m not asking for information from Treasury Board, respectfully.
I’m asking whether or not the $150 million referenced by the Solicitor
General for the Surrey police transition is in contingencies or if it’s
contained in the general budget.
Hon. K. Conroy: It was not contained in the general budget.
P. Milobar: Thank you. If it’s not contained in the Solicitor General’s $584
million policing budget that’s within this budget document, can I get
confirmation, then, that it’s contained within contingencies, or is the
minister saying it’s not actually identified in contingencies yet
either?
Hon. K. Conroy: In general, that’s what contingencies are for.
P. Milobar: Again, this government wonders why people have skepticism
on this whole plan and program for the Surrey police service versus RCMP
and why the mayor and council and residents are getting frustrated by
this government.
We have a report that’s 80 percent redacted. No clarity on
that.
[5:25 p.m.]
We had the Solicitor General, when asked whether it’s been through
Treasury Board, say: “I’ll make a couple of points. First off, I do not
— and no minister ever will — talk about the deliberations that take
place at Treasury Board.”
He wouldn’t acknowledge or not acknowledge whether the money’s
actually been approved, and I appreciate that. That’s why I asked staff
to send me up the Hansard, to read it into the record, to make
sure I was getting proper and accurate….
Interjection.
P. Milobar: No, I haven’t, actually. He hasn’t verified that it’s there
either, if you read through the rest of it.
This minister, who’s actually in charge of the treasury, will not
acknowledge whether or not the money is in contingencies, saying,
generally speaking, that money that will be spent that’s not contained
in the general budget comes out of contingencies — giving the answer of
a definition of what a contingency fund is. It is not confirming for the
residents of Surrey that the government has earmarked $150 million,
potentially more, according to the Solicitor General, out of
contingencies.
It’s a pretty straightforward question. These are budget estimates
to try to figure out where the money is in this budget for government
commitments. The government has very publicly committed $150 million to
the city of Surrey if they do X. The simple question to the minister is:
has that $150 million been assigned — $30 million of which would be this
fiscal, I’m assuming, since it’s a five-year commitment — out of
contingencies?
Hon. K. Conroy: The member, and we will get the Hansard , all along has
been saying: “The minister referred to an exact amount.” Now the member
just quoted what he said in Hansard , and the minister did not
refer to an exact amount. In fact, the minister said what I have been
saying all along: that we will not have a discussion about what is
discussed at Treasury Board in this chamber.
So if the member would like to continue asking questions about the
Surrey police, he really needs to refer those questions to the Solicitor
General, who is the one that is taking the lead on that file.
P. Milobar: As I said, I was paraphrasing my understanding of what was said in
the other House, which is why I asked staff to get me the exact wording.
Now, the minister did not confirm it had been through Treasury Board
either, to be clear to the minister. He didn’t confirm that it had been
to Treasury Board either. The people of Surrey would like confirmation
that the money they’ve been promised is actually there.
The minister can, say, refer me to the Solicitor General. However,
the relevant vote, subject to debate, contingencies and new programs, is
directly under the control of the Minister of Finance. There is no $150
million for the Surrey police transition, which the Solicitor General
has promised, without the okay by the Finance Minister. She is in charge
of the spending of contingencies. The minister has already confirmed
that it is not part of the Solicitor General’s existing police budget in
this year’s budget.
I’m simply asking if the $150 million has been approved and is
being funded out of contingencies. If it’s not being funded out of
contingencies, could the minister show us where the money is coming
from?
This is a commitment of spending that this government has made,
very publicly, to a city with almost one million people in it. I think
they deserve a clear answer of where exactly in this budget the money
for this transition lies. One would assume it’s in contingencies, but
the minister seems to not even want to acknowledge it’s in there, which
makes one think it actually hasn’t been approved at Treasury Board
yet.
[5:30 p.m.]
Hon. K. Conroy: Again, I think I have confirmed this, but all financial matters go
to Treasury Board for discussion. New allocations or things not budgeted
for after the budget generally could be funded out of
contingencies.
P. Milobar: Generally can be funded out of contingencies, but there are other
areas that things can be funded, if the government chooses, in terms of
internal transfers, especially as it relates to capital funding. I’m
simply asking, again, not for a dance-around answer. One would think it
would be a pretty simple answer for the government.
There are contingency funds. People expect those to be funding
things, as the minister keeps saying — what a definition of a
contingency fund is. She has established that the money is not in this
year’s annual police budget for the Solicitor General. A commitment has
been made for spending to Surrey, if they choose to go down a certain
course. So I think it’s important for them and their
decision-making to know that the money is truly there and
committed by this government.
I don’t understand why it’s so hard for the minister to just
acknowledge it’s coming out of contingencies. I’m not asking about
Treasury Board. Everything in this budget, as the minister has pointed
out, has gone through Treasury Board, yet we don’t hear: “Well, I can’t
talk about that commitment government made because it went through
Treasury Board.”
We’re asking where in this budget would lie the commitment, the
funding, the dollars that were committed by this government to Surrey,
if they choose to go with the Surrey Police Service…? Where in this
budget that lies. I’m asking for confirmation that it’s in
contingencies, and I have yet to actually have that
confirmation.
[5:35 p.m.]
Hon. K. Conroy: All financial matters go to Treasury Board to be approved. That’s
what I’ve been saying since I started answering the member’s questions.
The member is surmising, putting words into my mouth that I have not
said.
I’ve said that all financial matters go to Treasury Board to be
approved. Any initiatives that are new or not tabled with the budget,
these types of new initiatives, would be funded under
contingencies.
P. Milobar: Well, the confusion for Surrey…. This is the government’s making
of confusion, frankly. You have the Solicitor General, who says: “I do
not and no minister ever will talk about deliberations that take place
at Treasury Board.” Fair enough.
This minister acknowledged on my first question that it actually
had been approved at Treasury Board but wouldn’t give any other
information. My first question was: has it gone to Treasury
Board?
The problem, and this is where I’m trying to find $150 million and
get a very clear answer, is that the Solicitor General also
said:
“What’s also important is that we’re not going to go into the city
of Surrey and say: ‘Oh, here it is. Take it or leave it.’ We want to
work with them on what they’ve identified as their numbers. My ministry
will sit down with the city of Surrey, go through the report and the new
information that they need in terms of their decision-making process.
We’ve made it clear we want to work with them on those costs so there’s
not a burden on the Surrey residential, or the Surrey business,
taxpayer.”
That sounds like dollars are still being discussed, and there’s no
finite dollar figure yet. There are other, similar quotes to the
questions in his estimates.
Again, I guess I’m trying to get a very clear answer on this one
specific spending commitment by the government. Has $150 million for the
Surrey police service been approved to be spent out of contingencies?
Now, this is no different than me asking a question of $432,000 being
spent out of the GCPE budget for polling. That would have been approved
by Treasury Board, technically, as well, as part of the overall GCPE
budget.
If it was going to be funded out of Treasury Board, or out of
contingencies, and I said, “Is $432,000 coming out of contingencies?”
that probably wouldn’t be a hard question for the minister to answer
either, directly. That is the context of asking this
question.
[5:40 p.m.]
Has $150 million in contingencies been committed to the Surrey
police service transition, be it $30 million this year and $30 million
every year after that, or $150 million just this year, and it sits in an
account and gets drawn down? What is the sum coming out of contingencies
for the Surrey police service?
Hon. K. Conroy: Just to clarify with the member, this is very different than the
member asking me about a GCPE item that is obviously in the budget. What
the member is asking me is not in the budget, is nowhere to be found in
this budget, so it’s very much out of scope.
[5:45 p.m.]
The GCPE number is in the budget. It’s there. Everything
that the member was asking about in GCPE is specifically in the budget,
which I could relate to, I could talk to. It’s in the budget. So just
sharing with the member why that is very, very different from what he is
asking now.
Again, contingencies are used for items new or not in the budget.
The Solicitor General and I are very much on the same page. We both are
agreeing with each other that we do not disclose details of what happens
at Treasury Board.
P. Milobar: Again, I’m not asking for details of Treasury Board. This isn’t
any different. This is the spending estimates, the budget estimates on
spending for the provincial government. Contingencies have a few billion
dollars in them that are not defined. Is the minister now saying that
throughout the whole fiscal year, no questions can be asked about
contingency funds that this government has in their budget?
Hon. K. Conroy: I’m saying I’m not going to disclose information discussed at
Treasury Board.
P. Milobar: Well, every decision, as the minister has pointed out, for
spending has to go through Treasury Board, which means every decision to
spend any contingency money will have to go through Treasury Board.
Again, based on the minister’s answers, is the minister saying that the
several billions of dollars that are in contingency funds contained in
this budget, that she has direct control over, that she is not prepared,
throughout the course of this year, to answer any questions on those
decisions of spending or amounts because it came out of a contingency
fund versus a line item in the budget?
[5:50 p.m.]
Hon. K. Conroy: To the member’s specific question on can we not have a discussion
on contingencies, I just want to clarify.
[5:55 p.m.]
The role of the Minister of Finance is to set out overall fiscal
and policy direction in government, including contingencies vote.
However, the specific programs and initiatives that are funded through
the contingencies vote should be discussed with the individual
ministers.
P. Milobar: Well, I’ll just read Vote 48, which this minister is responsible
for, and then I’m going to turn it over to my colleague to ask some
BCFSA questions. Vote 48, contingencies and new programs,
says:
“This vote provides for additional funding for items budgeted in
other votes to accommodate the financial consequences of unanticipated
and contingent events. Unanticipated events include developments during
the year that could not reasonably be anticipated when the budget was
prepared. Contingent events include developments that could be
anticipated but not with enough certainty to make a reasonable estimate
of budget costs or where final costs are dependent on a pending decision
by government or another party.
“This vote also provides for funding related to pandemic response
and economic recovery, new initiatives under the CleanBC plan, ex gratia
payments and the funding of new programs initiated during the fiscal
year. Costs may be recovered from the federal government or other
parties external to the provincial government for activities funded by
this vote.”
That’s under the control of the Minister of Finance, Vote 48
around contingencies. I was simply trying to get a very simple, clear
statement from the minister for the people of Surrey, who are going
through a lot of uncertainty and turmoil right now, as to whether or not
there was truly money identified and accounted for in this budget,
through contingencies or in the permanent budget. The minister seems
unwilling to provide that certainty for Surrey, and that’s fine. That’s
her choice. But that’s simply all I was trying to do.
With that, I’ll turn it over to my colleague from Kelowna West to
deal with some BCFSA questions.
B. Stewart: Thank you for allowing me to bring up some questions in terms of
the regulator, the B.C. Financial Services Authority.
I just want to confirm that they are the regulator for a pension
called the Interior Lumbermen’s pension plan No. 85224-2.
Hon. K. Conroy: Yes. In fact, the BCFSA is responsible for that pension
plan.
B. Stewart: I just want to ask the question in terms of the oversight provided
by BCFSA over these pension plans and just in terms of the overall
breadth of what they aim to do as the regulator.
[6:00 p.m.]
Hon. K. Conroy: The Pension Benefits Standards Act protects the interests of
members of B.C.’s registered pension plans. Employers who participate in
defined benefit plans, which this one is, are required to fund the
benefits promised to their employees unless the employer is
insolvent.
B. Stewart: Recently, I’ve been approached by quite a number of logging
contractors that are both active and in retirement. They’ve recently
received notification from the Interior lumberman’s pension plan that
they may have some liability for unfunded liability.
I guess really the question…. I will be specific. Two of
companies, Jim Lind Logging and Lindwest Holdings, were contracted under
government contracts with Crown Zellerbach, Fletcher Challenge,
Riverside, Tolko and, in 2004, were notified by the Ministry of Forests
that they wanted to buy back those contracts.
It wasn’t initially how it was offered. At the end, they were
bought out and, subsequently, the government also paid severance to the
employees as they wound up their operations in West Kelowna.
The pension plan currently — the numbers I’ve been notionally told
— has about 70 active logging contracting companies, 140 retirements.
The Lind family is well established in the West Kelowna area, but they
received this letter, November 4 of 2022, indicating that there was an
unfunded liability because, partially, the reserve account had been
allowed to drop down to a level of about 69 percent.
These people sold to government. Severance was paid, operations
ceased and the equipment was sold. Here we are some 18 years, 19 years
after the fact, and they’re getting a letter indicating that they’re
potentially liable, or they’re going to receive some sort of invoice or
determination sometime early this coming summer in terms of what their
liability is.
You can imagine contractors that have sold and been out of
business. There are a lot of things between that period of time that
could have happened. There are a number of things in this letter that
talk about whether it’s defined or direct benefit, but more importantly,
as the regulator, it seems that something has happened where the
oversight of the plan has not been monitored properly.
My question to you is: how often do they look at these and report
to yourself, as the ministry and minister?
[6:05 p.m. - 6:10 p.m.]
Hon. K. Conroy: The BCFSA’s responsibility is to administer the act, and the act
is there to protect the members of the pension plan actually receiving
the pension. They also have the responsibility to review the plans every
three years, and they have ongoing discussions with the trustees of the
various pension plans.
Now, it’s the trustees that have the fiduciary responsibility to
their members, and their members are those people that are receiving the
pension — not the employers but the members receiving the pension. It’s
the trustees who have taken the steps to protect their members in this
case.
B. Stewart: I appreciate that that is the hierarchy and the responsibility.
However, the question really is that in 1978, this plan was brought in,
to make certain that employees that were working for independent
contractors had some benefits. It was targeted at the time. Of course,
the oversight was through BCFSA. That is important.
What I can’t understand is that the letter…. I’ll just read you a
paragraph here. It’s not signed; it just is identified as from the plan.
It says:
“The plan continues to have a solvency deficiency in respect of the
benefits earned under it before 2017, including the benefit earned by
your organization’s employees. The plan’s trustees have implemented
numerous measures to address this solvency deficiency. However, they
have now determined that all employers who left the plan when it had a
solvency deficiency must pay the portion of the plan’s current solvency
deficiency attributable to their employee benefits. If that portion is
not paid, the benefits payable to that employer’s employees must be
reduced to the planned solvency ratio, currently estimated at 69
percent.”
Besides the Linds, who sold their business over 18 years ago and
have been out of the business…. You can imagine this unforeseen
liability. I guess my question really is…. I’ll just mention another
name. I met with a fellow by the name of Scott Horovatin. The family is
a multigenerational logging family. The father has passed away, the
mother is living in the house, and now they feel that they’re being
threatened and may lose some of their homes that they have, just to pay
this deficiency.
I guess what I’m really asking is: what type of accountability is
on BCFSA to ensure that these individual plans are meeting their
solvency requirements and not coming up, almost two decades later,
asking for money from these people that are long since out of the
business and may not, or likely don’t, have the money?
I could show you court cases that are ongoing right now with small
contractors being sued by the insurance plan. I just don’t think that
this is right. It seems to me that BCFSA should have caught this a long
time ago and raised the alarm bells.
If you could help me understand, how are these logging
contractors, which have worked in these communities for generations,
expected to come up with this deficiency? It’s probably because the
oversight by the trustee has been insufficient.
[6:15 p.m. - 6:20 p.m.]
Hon. K. Conroy: I thank the member for raising this. I know it’s a difficult
situation.
Trustees have that fiduciary duty to administer the plan in the
best interests of the members and in a manner that complies with the
act. In doing so, sometimes the trustees have to make tough decisions to
balance the plan’s challenges with its long-term
sustainability.
The superintendent of pensions and staff at the B.C. Financial
Services Authority have actually been working with this plan for a
number of years, many years, to help address its funding
challenges.
Since 2016, several requests by the trustees for funding relief,
within the constraints of the act, have been granted. But in February of
2021, the superintendent’s staff determined that continued funding
relief wouldn’t address the plan’s long-term funding issues. So the
superintendent asked the trustees to develop a strategy to address those
issues. It’s up to the trustees to address the insolvency
issues.
BCFSA acted, as they were required to do, to direct the trustees
to deal with the solvency deficit so members could receive their
pensions as was expected. Just so the member realizes, this is a defined
benefit plan. So the legal obligation to the members is to pay them the
pension that they are expected under a defined benefit plan. Again,
BCFSA has done their due diligence in trying to ensure that the trustees
deal with the insolvency of the pension plan.
I move that the committee rise, report progress and ask leave to
sit again.
Motion approved.
The committee rose at 6:25 p.m.
The House resumed; Mr. Speaker in the chair.
Committee of Supply (Section B), having reported progress, was
granted leave to sit again.
Committee of Supply (Section A), having reported progress, was
granted leave to sit again.
Hon. S. Robinson moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 p.m. tomorrow.
The House adjourned at 6:26 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of Supply
ESTIMATES: MINISTRY OF
PUBLIC SAFETY
AND SOLICITOR GENERAL
(continued)
The House in Committee of Supply (Section A); A. Walker in the
chair.
The committee met at 1:33 p.m.
The Chair: Good afternoon, everyone. I call Committee of Supply,
Section
A, to order.
We are meeting today to continue the consideration of the
estimates of the Ministry of Public Safety and Solicitor
General.
I now recognize the minister to move the vote.
On Vote 42: ministry operations, $1,013,019,000
(continued) .
R. Merrifield: In the same report that I referenced earlier, the coroner’s death
review panel on IPV, or intimate partner violence, there were three
recommendations that were made.
I’m just going to read one of the recommendations, which is No. 3,
and it says: “enhance IPV data access, quality and collaboration,
including a provincial office of domestic violence that will coordinate
dialogue between the office of the chief information officer, justice
and public safety sectors to clarify the legislative authorities for
sharing information between providers and service agencies to support
victims of intimate partner violence and their children.”
Could the minister just give me an update on the provincial office
of domestic violence as to where it’s located and where in the budget
it’s funded?
[1:35 p.m.]
Hon. M. Farnworth: The office was transferred to my ministry. The program was
transferred to my ministry in 2017-2018. That means that it aligns the
domestic violence programs within the ministry, allowing for a
harmonized approach between my ministry and the gender violence programs
and domestic programs and other forms of gender-based
violence.
We are spending approximately $54 million in funding to support
the 400 victim services, including the $10 million for sexual assault
centres. So it’s now all in my ministry.
R. Merrifield: Where is the provincial office of domestic violence
located?
Hon. M. Farnworth: It will be located in the community safety and crime prevention
branch. That’s where all the policy work for the programs takes
place.
R. Merrifield: Could the minister then tell me exactly what is the allocated
budget to the provincial office of domestic violence?
Hon. M. Farnworth: Is there a stand-alone office? No. Is the function still there?
Yes, and it has been since 2017. The funding and the policy work
continues that was in place, along with increased funding in terms of
sexual assault centres, as amongst other programs.
R. Merrifield: Thank you, Minister, for the answer to the question.
The minister has talked about additional funding for sexual abuse
victims, which is fantastic. However, domestic abuse, intimate partner
violence, is not always sexual in nature, so there are very different
aspects to that.
The coroner’s report actually describes that the function of this
office was to be a coordinating branch. As I have been punted around
three different ministries to try and ascertain the collective
collaborator who is actually coordinating all of these efforts, it’s
become apparently clear that nobody is, that there are separate efforts
being made.
[1:40 p.m.]
I won’t discount them in terms of what the minister just talked
about, but there’s not that domestic violence provincial office that is
actually looking at all of these different aspects and understanding how
they are working together. If there’s some urgency in my voice right
now, it’s actually because the situation is so urgent. We saw domestic
violence and intimate partner violence actually decrease from 2009 to
2016. Since 2016, we have absolutely been on a horrific trajectory, and
the lowest increase was actually 13 percent. That was the lowest
increase since 2016.
We know that the pandemic of 2020-2021 was horrific for those that
were victims of intimate partner violence. They were literally locked
inside their homes with their abusers. So if there’s some urgency in my
voice and some pleading with the minister that this actually be a
coordinated effort, that all of the different ministries would have a
coordinator to come together and bring all of these different aspects
together, that would be greatly appreciated.
My final question will be this. Will the minister commit to
funding this particular office that was described in great detail in the
coroner’s report and actually given voice in the coroner’s report as to
what it was supposed to do and the function? Will the minister commit to
not just the functions being diluted throughout the different agencies,
but actually a coordinator of all of these functions today?
[1:45 p.m.]
Hon. M. Farnworth: I thank the member for her question, and I understand the urgency
and the passion to which she brings that issue because I think we all
share that. We know that domestic violence, intimate partner violence,
gender-based violence is a terrible thing, and it’s
unacceptable.
I also want to assure her the work is being done with the gender
equity office and the gender-based violence action plan, coordinated in
my ministry. That work is underway. There’s an ADM committee where all
relevant ministries are involved.
There’s also an external advisory committee. So we’re working to
ensure that not only the policies, but the programs that need to be
placed, are in fact happening and that people are working together. And
when I say gender-based violence, that includes intimate partner and
domestic violence. I hear what the member is saying, but I also want to
assure her that the work that is required is underway.
M. Morris: Just a little follow-up to my colleague’s questions as well.
Domestic violence is a serious situation in many communities, as the
minister is aware. And again, I go back to the communities of Kwadacha
and the very remote communities where there are few, scant resources
available for the members when they attend these kinds of complaints and
no resources available for follow-up.
I’m wondering if the minister or the police services or somebody
has been looking at this to figure out what kind of a task force,
perhaps, or what kind of resource can be made available to reach out to
those isolated communities to provide that service.
Hon. M. Farnworth: I thank the member for the question. We are aware, and we know the
challenge that the member is talking about. There’s ongoing work within
the ministry on the broader issue. But in terms of the specific issue,
as the minister is relating to northern, in particular, remote
Indigenous communities, we are actually actively working on procurement
at this point to be able to put in place additional sexual assault
services specifically earmarked for Indigenous communities.
D. Clovechok: Around the safer communities action plan, my colleague asked if I
had a question, and I do. I’m wondering, given the communities that I
serve, which are, as you know well, Revelstoke, Golden, Invermere,
Kimberley, all with four detachments, staff is small. Invermere is an
11-member detachment. The other ones aren’t that much bigger. Yet
between May and October our population, because of tourism, increases
30,000 to 40,000 people. That puts an enormous amount of stress on these
detachments. We’ve got a couple of reservists that are working right now
trying to fill in those gaps, and we’ve got positions that are not
filled.
You add the tourism onto the decriminalization of hard drugs….
Albertans — and I say this with all due respect to Albertans; not only
Albertans, but everybody else — are already coming to our area. And it’s
the Wild West.
That’s going to put an enormous amount of pressure, we think. This
is an experiment. We don’t know what’s going to happen, but it’s going
to put an enormous amount of stress, potentially, on our members where
there already are stresses with 30,000 or 40,000 tourists. I’m just
wondering: under this safer communities action plan, is there any plan
to increase those law enforcement positions? I know it’s hard to find
members, but it’s going to have an impact on our communities.
[1:50 p.m.]
Hon. M. Farnworth: I thank the member for his question. I appreciate the challenge
that communities such as his face, particularly in the summer season. We
work with the RCMP….
I know a lot of the communities you represent are just under the
5,000. They’re also under the 15,000.
In terms of the rural areas and some of the smaller communities,
that’s why the provincial business line…. As I said, when we work with
the RCMP on determining caseload, particular challenges in particular
areas…. We’re working with them on identifying priority areas. They will
do seasonal increasing in particular areas. Again, we work with them on
that.
There are the search teams that are in Prince George, Kelowna,
Kamloops. I think Kelowna would be the one, probably, for your
particular area. They’re able, the four members located there, if
there’s a need, to put them out there.
There is the ability, within the RCMP, to get extra
resources to deal with, on a seasonal basis, in some of the
communities you’re talking about…. As well, the additional officers that
we’re looking to hire, on the provincial business line I talked about,
can assist in the rural and smaller communities in your
riding.
D. Clovechok: Thank you for that. I totally understand the math behind it
all.
One of the things that the municipalities are looking at now, in
terms of decrim, is putting bylaw officers in place to enforce whatever
bylaws are passed.
The biggest concern that I’ve heard, and even from the RCMP, is….
When you take these bylaw officers, who may not have the police training
or may not have any training, for that matter, other than bylaw
training…. You’re going to put them at risk. When you’re going into a
park or when you’re going into a beach, like Kinsmen Beach in Invermere,
where someone is shooting up…. It puts them at risk.
I’m just wondering what your vision would be for communities like
my communities to deal with those issues when the RCMP are out doing
what the RCMP do. I think there’s going to be a gap there
somewhere.
Hon. M. Farnworth: I appreciate the question from the member. This is something the
special committee on police reform looked at.
I can tell you, in terms of the continuum of enforcement….
Obviously, if bylaws are doing enforcement and things are going fine,
that’s fine. But if they’re finding that there is a challenge, then,
obviously, police are there to do what the police do, in terms of
ensuring that laws are being followed. That’s why we want to make sure
that the resources are there to be able to meet those seasonal surges
that occur in communities like yours.
Okay. I won’t comment on hordes of Albertans coming.
Interjection.
[1:55 p.m.]
Hon. M. Farnworth: I know. I know.
Those are the kinds of things police are able to act on, and
that’s why we want to see those additional resources there. As I said,
there are existing ones, in terms of the surge capacity, but there is
also the ability for seasonal resources in areas such as
yours.
M. Morris: I was posted in Alberta once. I had Alberta plates on my vehicle,
and I was treated like a tourist every time I came back to my home in
the province here.
I want to carry on with our First Nations topic for now. I just
want to go back, though, to a question. I don’t know if I understood the
answer.
I’m just wondering if there’s some kind of document or paper
available that the police or police services use to determine the
metrics necessary for caseload management per police officer.
Hon. M. Farnworth: The short answer is…. It’s not a piece of paper. Rather, it’s a
process, with the RCMP looking at all of the things that, in fact, the
member has raised: population movements, caseload, demographics, crime
rates, remoteness. All of those things, together, are forming, part and
parcel, how the decisions are made. But it’s not specifically a piece of
paper.
M. Morris: Years ago I was in a position where I was able to get some money
through the RCMP. I was a district officer at the time.
I commissioned a study that ended up being entitled “A 30 Year
Analysis of Police Complexities and Costing,” or something like
that. It laid out a number of those factors. The report was published by
the University of the Fraser Valley in about 2004 or 2005, I believe. A
lot of those metrics were included in that particular report. So I just
throw that out there.
Can the minister name the First Nations communities where
additional RCMP resources will be added and the timeline for those
resources to be in place?
Hon. M. Farnworth: The work is underway with the RCMP on determining where those
resources will go, as I said in the earlier answer. That operational
decision is the RCMP’s, but we are superintending that to make sure that
they’re going to the communities that need it. We’re very much involved
in that, but we don’t have a list as of yet.
M. Morris: I think the minister said there are 52 positions planned for 2023
and 125 for 2024. Pretty aggressive staffing levels.
Out of the 52, for example…. Where would the minister determine
the priorities? I know the police are responsible for this. I’m sure he
must have a pretty good picture of where the priorities would be right
now. Where do First Nations remote communities come into play as far as
the priorities go?
[2:00 p.m.]
Hon. M. Farnworth: There are three, and I’ll say they’re equal priority areas. One
doesn’t trump the other. They are rural policing, major crime and
highway patrol. That’s what we want to work with the RCMP in
determining, saying, “Look, these are three priority areas for us. Let’s
work in terms of now. Within that, where do we base the new
resources?”
M. Morris: I can certainly understand that priority list.
How many positions are currently funded federally for First
Nations policing in B.C.?
Hon. M. Farnworth: They are funding 117.5 positions.
M. Morris: So 117.5. It has increased slightly over time.
How many First Nations communities do we have in B.C.?
Hon. M. Farnworth: There are 204 First Nations in the province.
M. Morris: How does British Columbia fare in comparison to other provinces in
Canada with respect to the numbers of federally funded police officers
for First Nations?
Hon. M. Farnworth: I thank the member for the question. I think it’s an important
question today, and it is definitely going to be an important issue
going forward.
It’s an issue that I have raised at a number of FPT meetings with
the federal government, starting with getting them to actually fund —
because we’ve had this discussion in the past — the positions that
they’re supposed to be funding.
I think there’s a difference between how the First Nations
policing operates in this province compared to other provinces. In part,
it’s a relation to the history in British Columbia. In Alberta, there
are some significant First Nations policing reserves and First Nations
policing detachments. We don’t have that here in British Columbia
yet.
[2:05 p.m.]
What I can tell the member is that in the meetings I’ve had…. We
referenced Prince George in an earlier question. Whether it’s at the
First Nations leadership group or whether it’s at UBCM, I’m seeing an
increased desire for either more, as it’s referred to, tribal policing —
to be able to do their own policing — or more RCMP First Nations
policing.
It varies from nation to nation — the path that they would like to
go. In many cases, it’s dependent on capacity. Within the ministry, we
are working with different nations on the approach that they would like
to take. Some have said they want to go to their own policing. Okay, we
can work with them on that. But many others are saying: “We want to have
more First Nations RCMP officers.” Again, it’s a question of getting
those First Nations recruits and candidates in place, and that’s not
easy.
In my discussions with my federal counterparts, both the previous
minister, Blair, and Minister Mendicino indicated they want to see, at
the federal level, significant improvements and an increase in First
Nations policing.
M. Morris: Good to hear. Of course, it’s an ongoing struggle. I remember many
of those meetings I attended myself. In fact, there was a First Nations
policing review, a federal review, that was done a number of years ago.
I think it was probably about the time we switched roles, somewhere
around then. They asked me what my thoughts were, and I just drew out of
my experience. I said we probably need 500 more, which I don’t think is
an unreasonable amount.
In my role as an HR officer for southern Alberta, I was very much
involved with staffing a lot of those First Nations areas and having to
fill in on the First Nations tribal police forces that we did have.
There are a number of things that surface when you have First Nations
policing. I experienced it, as well, in Fort St. James, with a special
constable program that we had way back in the ’70s.
You would have individuals, from their own communities, policing
their own communities. The enormous pressure that was placed upon them
by family members and others in the community almost rendered them….
They were incapacitated. A lot of them were demoralized to the point of
never returning to policing again.
I think all those things need to be looked at. When you have a
large community like Surrey or Prince George, people can return to their
communities and operate without too many of your schoolmates
reminding you of what you did when you were in grade 12. I hope that is
taken into consideration.
Has the minister ever presented to the federal government as to
the numbers we feel are necessary — not the level of funding, because I
know there are various funding formulas for this, but the numbers of
First Nations policing that we need to fulfil the current First Nations
policing model.
Hon. M. Farnworth: We have not asked for a specific number. What we have asked for is
increased flexibility, in terms of the funding, to be able to operate in
the context that we have here in our province. Part of the message and
part of the work that we’ve been doing has been dealing with those
issues of, okay, which nations and the capacity — the way that they
would like to go forward.
The point you raise is a real…. In many ways, if you live in a
small community and you know everybody, you do face enormous pressure.
We know that’s a challenge.
It’s interesting. One of the things that came up at the last FPT
related to…. Alberta was raising the concern, and it was one that we had
not realized. It’s something, if we see an expansion in First Nations
policing…. It was a very interesting one.
[2:10 p.m.]
One of the major reserves outside of Calgary was losing officers
to the Calgary detachment because, and I was quite surprised to hear
this, the First Nations police did not have a pension plan. The other
police all had a pension plan.
So the Alberta minister was asking the federal government: “Look,
change it, so we can….” The nation wants to have policing. They’ve got
people who want to do policing, and they’re losing policing. So that’s
an example to me and what you have outlined in terms of small
communities.
The way we have to think about the challenges that First Nations
have in terms of policing and the resources that are required, the
capacity, the geographic location, the demographics, the rate of crime….
All of those things have to go, in my mind, into how we move forward in
terms of First Nations policing getting more recruits, getting them in
the right community so that they don’t end up, as you said, becoming
demoralized and then turning away from what should be a rewarding career
for a lot of young people.
M. Morris: Very good and valid points. The other part of that, as we all
know…. We see the scrutiny that police officers are put under right
across Canada. It doesn’t matter what jurisdiction they’re in. The
expectation is that anybody who is a police officer almost has to be a
perfect citizen in all respects. So that’s tough enough as it
is.
The accreditation required for an individual to maintain the
trustworthiness of the public as a police officer and enforcing criminal
law and the social justice issues that hit any community are enormous
and significant. It’s a big package that needs to be looked at down the
road here.
Does the province still have tripartite positions in the province,
and are those 117.5 all tripartite positions?
Hon. M. Farnworth: We have 59 community tripartite agreements with 132 First
Nations.
M. Morris: Just a nod of the head. Does that include the 117.5, or is this
above the 117.5?
Hon. M. Farnworth: It includes.
M. Morris: I know there are a number of small First Nations communities with
two or three or four members stationed there, and the cost of building
facilities in those locations is enormous. What is the minister’s
position on this? Is this included with the plan to add more resources
in these communities to ensure there’s accommodation for the members
when they get there? The office is sized appropriately for the new
members going into those areas?
Hon. M. Farnworth: We are able to access…. We obviously recognize there are always
challenges in this regard. But there is a program in place that the feds
have, which we are able to access, the First Nations and Inuit policing
facilities program. That is able to provide both accommodation and
facilities for First Nations communities when additional policing is
provided.
[2:15 p.m.]
M. Morris: I haven’t heard of this program before. It’s interesting. How long
has it been in effect? Is 100 percent of the capital costs of these
additions included in that agreement?
Hon. M. Farnworth: It’s been around for a while, actually. It’s part of the framework
agreement we have with Canada, and it’s on a 52-48 cost-sharing
agreement.
M. Morris: Is any of the $230 million that the minister announced with this
program allocated to capital, or would we be looking at another capital
budget to provide for that?
Hon. M. Farnworth: Just positions.
M. Morris: I imagine there’s already some thought and discussion going on
right now to provide the millions of dollars necessary. So 52 percent
federal, 48 percent provincial, or is it the other way around for that
agreement?
Hon. M. Farnworth: It’s 52 percent federal, 48 percent. I also just want to be clear,
this is about the First Nations policing.
M. Morris: If we have a detachment, like…. There are a number of them out
there — Takla, Kwadacha — that are not fully a tripartite. We’ve got
provincial members in those locations as well. So the province would
provide the 48 percent necessary for a tripartite First Nations
position, and then we would have to come up with 100 percent of the
costs for the provincial members that are there, including the
provincial detachment?
Hon. M. Farnworth: I appreciate the question. The way it would work on the capital
side is actually literally exactly the way it would work on the human
resources side. So if it’s 52-48 First Nations, it would be 52-48 of the
capital and the same for 70-30 and 90-10.
M. Morris: No matter which way you cut it, it’s a lot of money. I remember
being involved in building a remote detachment when I was a district
officer, and I was floored by the expenses, getting everything into that
small area.
A couple more questions, just on the First Nations. I’ve had a
number of Chiefs and council members and band members from different
locations. Being in Prince George is a hub. Everybody I’ve worked with
in the past, out west and up north and all around, pop in from time to
time for a coffee. They’re concerned about the 2½ grams of drugs that
you’re allowed to keep in your possession. Many of the communities are
dry communities, where they don’t want alcohol in those communities as
well.
They were asking me about the ability of the RCMP to continue on
seizing the small amounts of drugs that they find on individuals on the
First Nations communities themselves. I said I’ll check on that, because
I’m going to have you as a captive audience soon. I just wondered if the
minister can provide any guidance to the First Nations with respect to
that.
[2:20 p.m.]
Hon. M. Farnworth: No, they don’t have the authority under the Health Canada
exemption, but I can tell you that I am very aware of their views on
this issue.
As I said, when…. I think we talked earlier about…. In Prince
George, I said that there were some views that I think would surprise a
lot of people. Those were amongst the views that they mentioned to
me.
M. Morris: I see that as problematic. These small communities are struggling,
and they don’t know who to turn to. One of the tools they use is passing
band council resolutions to ban some of these people from their
communities, and they go into the hubs like Prince George and the
Terraces of the world, and they become the street people that are there.
They suffer heavily from addictions. There are no services for
them.
I spoke to a Chief, who I have high regard for, and he’s had to do
this a couple of times, and he cries when this happens. He wants the
police to help him. It’s a dry community, and he struggles to see these
drugs coming into his communities and the overdoses that they’re getting
in these small communities. They’re tragic. There have been several
people that have died, in his but in other communities as well, as a
result of just small doses. Children are getting access to these drugs
as well.
This is a Health Canada…. Or this is a policy that’s been put in
place. It’s not a law. It’s a policy, if I understand things correctly.
The way that the Chief was asking is if it’s still against the law
everywhere else in Canada to possess 2½ grams…. This is a provincial
policy as an experiment in the larger centres that are being frustrated
by this. He’s saying then that the RCMP should still be able to come in
and seize the 2½ grams or less of these drugs. He said he’s desperate.
He’s looking for any answers he’s got. There’s nothing preventing the
RCMP on reserve lands from seizing 2½ grams or less of any of these hard
drugs?
[2:25 p.m.]
Hon. M. Farnworth: I appreciate the issue and the question from the member. I just
want to put in a clearer clarification too. They don’t have the
authority to seize the 2½ grams unless they believe, or have evidence,
that there’s trafficking going on — in which case they absolutely
do.
M. Morris: Interesting point that the minister brings up. I’ve got two sons
that are heavily involved in gang violence — on the police side; I’d
better provide that clarification — and drug trafficking and whatnot.
They have come up with several examples of where traffickers are now
taking advantage of this 2½-gram limit, so that their street traffickers
have no more than 2½ grams on them at any given time.
The same thing is applying into some of these smaller communities.
They will make sure that they only have 2½ grams on them, but as soon as
they get in through the community and it’s distributed, then they will
go back and get another 2½ grams or more. They’ll have a safe house or a
safe location. In many of the remote areas, they’ll drive, stash it
somewhere along the road, and then keep going back to that stash for the
entire time. So it has proved problematic.
I’m wondering if the minister or anybody has put their mind to how
they deal with those kinds of things that are contributing towards
increased trafficking.
Hon. M. Farnworth: I thank the member for the question. A couple of
points.
First, it is a pilot project. Police are very much involved in the
evaluation of it. Two, if there is evidence of trafficking, they
absolutely can make an arrest.
Behaviour is also part of it — that they can do that — and
information, such as what you’re sharing with me, also is part and
parcel of the evaluation that takes place and that the police are
involved in. As you know, it is a pilot, and these are the kinds of
things that, obviously, form part of the evaluation of the eventual
outcome.
M. Morris: What I’m hearing from the minister, then, is that these small
First Nations reserves, very isolated, have no choice but to accept the
fact that their citizens can bring in 2½ grams of fentanyl, cocaine,
crystal meth or whatever it is.
At the same time, they have to leave any bottles of alcohol that
are found. They’ll be confiscated by the band. Oftentimes they’re met —
some of these are fly-in locations — and taken off the airplane and
whatnot before they get into the community. But the 2½ grams of these
very hard, dangerous drugs will be…. The Chiefs have no choice but to
allow them on the reserve.
[2:30 p.m.]
Hon. M. Farnworth: I appreciate the member raising the issue. I will make this
commitment. On First Nations land, they have the ability to make their
own First Nations laws, and often bylaws. We will look into the issue
and ensure the information we have given you is (
a) correct or (
b) they
do have that ability.
What I do know, and what I can reassure, is that if there is
evidence, as I said, of trafficking or of the behaviour of trafficking,
then absolutely, police can make arrests and charge. On the specific
issue that the member raises, we will look into it for him.
M. Morris: I appreciate the answer, and I know the difficulties around this
issue under the current circumstances. I would add that the police would
love to charge, but they no longer have that authority since the Crown
counsel act of 1974. I remember the good old days when we could swear
our own informations. For several years, Crown counsel, provincial and
federal, haven’t charged for mere possession in the province.
The likelihood of charges resulting from small amounts is pretty
slim to none these days. In fact, charge approval for the more serious
offences is even hard to come by these days as well.
I’m going to switch off from First Nations for a bit, but I’m
going to come back to it later on and talk about cannabis sales on First
Nations. I’m going to go back to the plan and put some general questions
now, related to policing within the province under your community safety
plan.
We’ll start with the RCMP marine section. Is the RCMP marine
section fully staffed and all vessels operational today?
Hon. M. Farnworth: I can tell you that we are currently working jointly with the RCMP
and with an independent contractor in reviewing their air and marine
capabilities.
M. Morris: “Reviewing their air and marine capabilities” is a pretty broad
statement. I’m curious as to the number of offshore vessels that the
RCMP currently have operational. I know we had a number of catamarans
added to the fleet back in my day. I know they’ve long passed their
best-before date. I’m just wondering what the plan is in place for them,
and how many are operational today.
Hon. M. Farnworth: That’s actually the assessment work that’s currently underway in
what is currently operational: what are their needs going forward into
the future?
M. Morris: Okay. It makes me tend to believe that it’s in pretty sad shape,
perhaps, today.
[2:35 p.m.]
We used to have the Inkster in my district, stationed out
of Prince Rupert, a 75-foot catamaran that provided an invaluable
service for all th