British Columbia Committee Hansard (Blues) — Thursday, May 20, 2021 p.m. — Number 77 (HTML) (42nd Parliament, 2nd Session) (20210520pm-CommitteeC-Blues)
20210520pm-CommitteeC-Blues
British Columbia — Debates (Hansard)
Second Session, 42nd Parliament
(2021) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, May 20, 2021
Afternoon Sitting
Issue No. 77
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 the Whole House
Bill 4 — Budget Measures Implementation Act, 2021 (continued)
M. Bernier
Hon. S. Robinson
Reporting of Bills
Bill 4 — Budget Measures Implementation Act, 2021
Second Reading of Bills
Bill 7 — Electoral Boundaries Commission Amendment Act, 2021 (continued)
B. Bailey
G. Kyllo
S. Chandra Herbert
T. Halford
S. Chant
J. Rustad
M. Dykeman
D. Ashton
K. Kirkpatrick
Hon. D. Eby
M. Morris
Report and Third Reading of Bills
Bill 9 — Finance Statutes Amendment Act (No. 2), 2021
Royal Assent to Bills
Bill 2 — Public Interest Disclosure Amendment Act, 2021
Bill 5 — InBC Investment Corp. Act
Bill 9 — Finance Statutes Amendment Act (No. 2), 2021
Bill 13 — Employment Standards Amendment Act (No. 2), 2021
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Education (continued)
J. Tegart
Hon. J. Whiteside
S. Furstenau
A. Olsen
Committee of the Whole House
Bill 9 — Finance Statutes Amendment Act (No. 2), 2021
M. Bernier
Hon. S. Robinson
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Energy, Mines and Low Carbon Innovation (continued)
Hon. B. Ralston
T. Shypitka
Estimates: Ministry of Social Development and Poverty Reduction
Hon. N. Simons
D. Davies
S. Furstenau
THURSDAY, MAY 20, 2021
The House met at 1:02 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading on Bill 9, Finance Statutes
Amendment Act.
In the Douglas Fir Room, I call the continued estimates of the Ministry of
Education. If that were to finish, then I would call Committee of the Whole on
Bill 9, Finance Statutes Amendment Act.
In the Birch Room, I will be calling the estimates for the Ministry of
Energy and Mines. When that finishes, that will be followed by the estimates for
the Ministry of Social Development and Poverty Reduction.
M. Bernier: Chair, just if I may raise a point?
Mr. Speaker: Okay.
M. Bernier: I believe the House Leader just misspoke. He called Bill 9 in this House.
I believe he meant Bill 4.
Mr. Speaker: Government House Leader, make a correction, please.
Hon. M. Farnworth: Thank you, Member. I was looking at two things here, and I thought I’d got
a nod on 9. It is, in this chamber, Committee of the Whole on Bill 4.
Committee of the Whole House
BILL 4 — BUDGET MEASURES
IMPLEMENTATION ACT, 2021
(continued)
The House in Committee of the Whole (Section
B) on Bill 4;
N. Letnick in the chair.
The committee met at 1:05 p.m.
On clause 13 (continued) .
M. Bernier: I want to continue on a little bit where we left off. We were on
clause 13. We were talking about the increased employment incentive. Can
minister maybe give me a history lesson here? When was this incentive
announced?
Hon. S. Robinson: The member asked when it was announced. It was back in the
fall.
M. Bernier: Can the minister…? Who actually qualifies, or who doesn’t qualify?
It’s not completely laid out here, directly. I’m just curious. When the
announcement was made back in the fall, and now that we’re trying to
enact it here in the changes in this bill…. Which companies qualify or
are disqualified?
Hon. S. Robinson: Those businesses that increased their remuneration during the last
quarter of 2020, with increased employment over the base quarter. So
it’s compared to the previous quarter.
While we’re talking about this, I thought I would share with the
House and with the member that it’s helped more than 1,000 businesses
and supported more than 1,900 new jobs — increases in hours and pay
increases as well. We’ve had over 1,000 applications that have been
approved, and about $4½ million in relief is flowing to eligible
businesses. That, of course, flows back into the economy.
M. Bernier: The minister just saved me from a few questions, which is
appreciated. I would have probably leaned to asking a little bit more of
that detail.
I’m curious, when the minister says, “increased over the previous
quarter,” that we chose the last quarter of…. I guess it wouldn’t be the
last fiscal quarter, but the last calendar quarter that was
chosen.
In reading through this
section and consequent sections related to
the increased employment incentive, I believe it says that a business
does not qualify if they’ve rehired back people that were laid off
because of COVID. If they were employed by a company and laid off, but
then a company thought: “Okay, well, there’s this 15 percent credit
incentive out there. I’m going to make some decisions as a business to
maybe call some people back earlier than expected, even though I might
not be able to financially afford everything, or try to plan ahead,
using this incentive….”
Am I reading some of these
definitions correctly — that if it was
existing staff prior to, I think it was June 20, in the bill, the
companies do not qualify then for that incentive?
[1:10 p.m.]
Hon. S. Robinson: The member doesn’t have a correct
interpretation. It is, in fact,
that if someone did get laid off — the business had to shut down and now
was able to open and can rehire — they would qualify.
M. Bernier: I’m just curious, then. Sorry. I’m trying to find it in this deep
bill.
Under this clause, in 30.03, can the minister explain to me, then,
“eligible employee”? “An employee is not an eligible employee if…the
employee was not an employee of the employer on July 1, 2020.” That’s a
little bit contradictory to what I said.
Can the minister explain that, then? The person was not an
employee at that time, but then they’re hired. How does that work for
the incentive?
Hon. S. Robinson: Again, I’m really grateful for the folks who are speaking in my
ear. I’m happy to share, with the member, their sage advice.
This is a special anti-avoidance clause. The proposed subsection
provides a special role for employees that do not deal with the employer
at arm’s length, generally individuals who are related to the employer.
Non-arm’s-length employees must be on the employer’s payroll as of July
1 to be an eligible employee.
It’s intended…. An employer artificially increasing the amount of
their credit by adding family members to the payroll after the IEI was
announced….
M. Bernier: Thank you to the minister for that. I was trying to understand
that a little bit. That does make sense.
Under this incentive, is there a minimum amount? You hire one
employee, if it’s a small mom-and-pop business. Does that qualify? Is
there a maximum amount if it’s, let’s just say, a large restaurant that
had decided to hire back a whole bunch of people when they were allowed
to reopen, before they were closed again? Is there a min or a max around
the qualifications?
The minister did say — and I appreciated when she said it — that
$4.5 million of taxpayers’ money has gone out to help incentivize. But
just trying to wonder…. On the qualifications, are there min and max
criteria that are put in?
[1:15 p.m.]
Hon. S. Robinson: There is no minimum, no maximum.
M. Bernier: Okay. Appreciate that. That’s the answer I was hoping for. So
thank you very much.
I’m curious, though. Why was this time period chosen? I know it
was an announcement in the fall. We were trying to incentivize. But it
seems like, when you talk about October 1 to December 31 of last year,
that quarter as being the time that we’re incentivizing…. When I look
at….
A budget has been rolled out, and now we’re trying to figure out
how to get the economy going again. We’ll be challenging the minister a
little bit later in estimates on some of that.
Why was that time period chosen and maybe not even continued, or
is it following through now, when we’re trying to continue to
incentivize people to help boost the economy?
Hon. S. Robinson: The member will recall, certainly, back last year when we were on,
I’ll say, high alert around the crisis, not quite sure how things were
going to play out. By the summer, we were starting to see what was
possible. We were starting to see businesses that were finding ways to
operate.
We recognized there were opportunities to spur some more activity
on with this incentive. As I read into the record earlier, we’ve seen
the impacts of that. Of course, our employment numbers, through the
subsequent number of months, have been pretty good. We were at more than
100 percent employment compared to when the crisis was announced in
March. It did what it was supposed to do.
Again, it was one of those opportunities where we saw that there
was certainly enough safety protocol built into our practices that would
allow for some transactions to happen in the business community. We also
knew that there were some people who hadn’t been called back to work
yet. We also saw there were other sectors that were really struggling,
like the tourism sector.
Stimulating existing businesses to increase their hires — to help
get people back on their feet and get the economy going — was the
intent. That was why it was considered for the third and fourth quarter,
as a way to stimulate.
M. Bernier: I do appreciate, I guess, some of the efforts that we’re trying to
do collectively to get the province back up and running.
The minister and the government like to say that we’re back to
pre-COVID numbers all the time, but we do know, through the reports,
that there are around 44,000 people in the private sector, though —
specifically private sector people — who have lost their jobs and who
are not back to work. So 44,000, approximately, people. Although this
was from last year that we’re talking about, it obviously didn’t help
those 44,000. It helped some, which is great.
The minister rattled off some of those specific numbers, which I
appreciate, for the record, that show there is some uptake in it. But
there are still a lot of people unemployed. A lot of businesses are
struggling in hiring people back. Before lunch, the minister was, I’ll
say, cautious but optimistic about us, in the near future, getting back
up and running.
[1:20 p.m.]
Is the minister, though, looking at maybe bringing this back in
some form or reiteration to help people in the next quarter, as we
rebuild, or is there another plan for a different tax credit to try to
get some of these 44,000 people back to work in the private
sector?
Hon. S. Robinson: I want to point out that it’s really since the circuit breaker
public health measures were taken that we’ve really seen, again, some
more deep impacts in employment. That certainly has created a
problem, and that’s why we have a circuit breaker grant program. We
absolutely recognize that there are still some that are tremendously hit
hard, businesses that continue to be tremendously hit hard.
We’re all incredibly excited about the vaccine rollout. We all
know, and I know that all members of this House know, how important it
is to make sure that everybody gets vaccinated. We could do that as
quickly as possible. I’m looking around, and I’m making sure that
everybody has registered — nods would be good — for their vaccine. We
need to make sure that that happens. That’s really the answer to getting
the economy opened up and back rolling again.
Having said that, the member did ask about what’s coming. If I had
a crystal ball and could have predicted that we would be in this
crisis…. We would, perhaps, not even be there. But the reality is that
we don’t know what the future looks like.
What we have done as a government, though, I have to say, is put
together a pandemic and recovery contingency, I guess, fund in the
budget. We’ve set aside significant dollars so that we can be
responsive. That’s what we’ve been doing all along, as things change, to
have our programs and our response.
I am hopeful that we’ll have some good news on Tuesday with more
details coming about what reopening can look like, what the time frame
could look like. That would help us predict and help businesses predict
and plan for what comes next.
Again, we’re on alert, paying attention to what happens with COVID
and how the pandemic plays out. Our priority is to keep everyone safe.
We know that that’s an absolute priority for British Columbians. It’s
our priority as a government. I know it’s a priority for everybody here
in this House. We’re going to keep monitoring that, and we’re going to
continue to be there to support businesses and to support individuals to
get through this next piece.
As the member said, I am cautiously optimistic. I want my optimism
to rise and my caution to lower. I’m hopeful that that will happen over
time. I’m marrying the two together, because if this pandemic has taught
us anything, it’s that we need to be cautious and we need to be
prepared.
M. Bernier: Somewhat tongue in cheek, but the minister, in some ways, does
have a crystal ball, being the head of Treasury Board and the head of
the finances for the province. She can, actually, have a little bit of
leeway in some of these grants and programs and how it rolls out at the
cabinet table, which I’m well aware of.
That aside — I’m not expecting any kind of commentary on that — I
do want to ask the minister…. So $4.5 million has gone out. How much was
in the budget? Is there a cap associated? At some point, are businesses
going to be told: “Sorry, we’ve used up all the money”? There are no end
posts, from what I understand. I’m just looking for the minister to
maybe quantify what was in the budget, what they expect to go out if
more people do apply and if there is a cap on that.
[1:25 p.m.]
Hon. S. Robinson: The estimated cost is $190 million. That is what we estimated. We
don’t have a cap, per se.
It is early days. Applications for this program opened March 30.
In terms of the annual calendar, corporations are just finishing up
their year-end tax returns. So we do expect to see, I guess, a bolus
come through.
I think this is an excellent program to support businesses,
to bring people back to work, to expand their payrolls. This is the kind
of program that I know businesses had asked for. When we were going
through the design work, this was one of the things that businesses said
would make a difference to them. It’s based on that that we have set
aside these funds to help them bring people back to work and make sure
that they can operate their businesses.
M. Bernier: Probably my last question on this section. Obviously, we want to
get everybody back to work as fast as possible, get the economy rolling.
Can the minister explain, though…?
I would asked earlier if there were any thresholds or criteria or
a maximum amount of employees. Is there any threshold or criteria based
on the size of the company? The reason why we want to look at that is….
Obviously, for the small business, especially in the tourism sector,
where so many people are being hit right now…. Many of those are the
smaller operations. So they qualify for different grants that the
government has put forward.
What about a large organization? I’ll use my experiences up where
I am. Maybe you have an oil and gas company that has thousands of
employees. You might have a company that’s working on Site C with
thousands of employees. Well, in that quarter, if they brought employees
on to ramp up their operations, do they qualify for this as well? Is
there a threshold around the size of the operation that’s
applying?
Hon. S. Robinson: The answer is no. The idea is to stimulate getting people to work.
So if a company of a large size would increase their payroll, that means
that there are more people working. That’s what we want. We want those
people working.
Clauses 13 to 15 inclusive approved.
On clause 16.
M. Bernier: I’m going to ask this question, and I might end up asking it a few
times during the course of the next couple of hours because it’s seen
quite a few times in this bill. I’m wondering if the minister can maybe,
in this specific case, explain a little bit more
holistically….
Under different acts, we’re removing the requirement to seek leave
from the British Columbia Court of Appeal to appeal decisions of the
Supreme Court of Canada. I’m just curious. That’s in quite a few
different acts that we’ll be looking at today. That wording seems to be
a continuation through most of those.
Can the minister explain why that is in there? Does that change
appeal processes? How is that change going to affect people that are
dealing with that situation?
Hon. S. Robinson: This amendment will allow parties to appeal to the B.C. Supreme
Court decision, without having to first obtain leave of a justice of the
Court of Appeal.
This will harmonize appeal procedures with the Court of Appeal
Act, which provides an automatic right of appeal of a lower court’s
decision. The requirement to apply for leave creates additional work. It
has additional costs for government and for taxpayers, irrespective of
which party wishes to appeal further, after a decision of the B.C.
Supreme Court.
[1:30 p.m.]
M. Bernier: I’m not sure if this is a fair question to the minister, but to
try to save some time…. Almost this exact same wording is taking place
throughout the course of this bill in many other acts. Is it fair to say
that the answer will be the same and the reason why it’s being done
everywhere else as well?
Hon. S. Robinson: What a wise critic I have over there, anticipating that the answer
would be the same, and it is for the same reason.
The Chair: The wise Peace River South.
M. Bernier: I’ll leave that one alone for now. Thank you, Chair and
Minister.
Who asked for these changes? Is this something that internally,
through staff, came forward as something that would help move a process
forward better, or was this brought from the sector, other people
themselves?
Hon. S. Robinson: This was brought forward by staff as a way to make the process
smoother as well as to reduce costs to both government and
taxpayers.
Clause 16 approved.
On clause 17.
M. Bernier: Again, this is another one of those situations where
government is going to be using information gathered. This one here is
looking for opportunities to allow for certain information to be
provided and used under the employer health tax.
I’m going to assume the minister is going to give me a similar
answer to this morning, that this is information the government already
has. I did ask, on one of the previous bills that we debated…. I’ll
probably bring it up again later in estimates next month. What kind of
information does the minister collect, access, and why?
Hon. S. Robinson: The reason for this amendment — I want to be really clear that the
member understands it — is actually to protect taxpayer information.
It’s about making sure that there’s no unintended disclosures, so that
taxpayers can continue to have confidence that their information is not
subject to unintended statutory overrides.
This is a protective clause, rather than what I think he might
think it is. I just want to make sure he understands that this is about
ensuring that other statutes cannot simply override the tax
confidentiality provisions of the Employer Health Tax Act without
considering the heightened confidentiality of taxpayer information.
Again, this is about making sure that sensitive information is well
protected.
M. Bernier: Is it fair to say, through that answer, that a privacy impact
assessment was done, then, before these changes?
Hon. S. Robinson: That is correct.
[1:35 p.m.]
M. Bernier: I’m just curious, then. What did that privacy impact assessment
conclude? Obviously, there would be some concerns here with more
information being gathered. What kind of recommendations or what
did it conclude through that assessment?
Hon. S. Robinson: Privacy, of course, is paramount to the tax system. We have a
complete privacy code to protect information, taxpayer information. It’s
very strict, and it’s integral to trust in making sure that taxpayers
understand that their information is well protected. The employer health
tax lists out exactly, very specifically, about what information is
collected and what can happen with that information.
In this amendment, what it does is it says that in order for any
other statute to access any of this information, it can only be done by
the minister through regulation, which is made public, so that taxpayers
understand that if there’s any change, it has to happen through
regulation and that that would be made public and that everyone
understands how information is being used.
M. Bernier: With that information that’s collected, then, has any part of the
information that’s already been collected been used for policy analysis
or changes to date? Or has nothing changed, and we’re using this
information on a go-forward basis, if this bill passes?
[1:40 p.m.]
Hon. S. Robinson: This is on a go-forward basis.
M. Bernier: I know that was an easy answer. Obviously, you had to get
clarification first before the minister answered that one, just
to confirm.
My last question on this clause would be: who asked for these
changes? Was this the public service, under a legislated authority that
they were looking for, or is this the minister’s prerogative? Who
brought these changes forward?
Hon. S. Robinson: It was identified by the public service, which does an annual
review of statutes and recognized that this would help to protect
information.
Clauses 17 to 19 inclusive approved.
On clause 20.
M. Bernier: On clause 20, we are now moving into another act, the Home Owner
Grant Act. As we all know, we had a bill here earlier — I guess it would
be in the last session — to change some of the aspects around the
homeowner’s grant. At that time, the minister said: “There’s…no change
in what we do with the information that we currently gather. This is all
the same. This goes into the same part of my administration that already
has all the information related to taxing.”
I’m curious. If I understand this
section here, the minister is
asking for authority to use and disclose the certain information again,
like we’ve seen quite a few times. Why is the minister introducing these
new powers if she already has and uses the information?
Hon. S. Robinson: I have the public service doing analyses, trying to understand how
to best support British Columbians or bring about a fiscal program or a
fiscal framework to identify how to best address affordability, for
example.
The analysts will be working, perhaps, with the Home Owner Grant
Act and the data there. Then they are dealing with another different tax
policy act of some kind. It’s almost like they are instructed to forget
whatever they know on one in order to do the other. We all know, and I
know that the member knows, that that’s not how good policy is ever
developed.
So making sure that there’s this ability to do a full analysis,
using the data, so that we can deliver for the people of British
Columbia — I think that’s what this amendment is about.
M. Bernier: You know, there’s no argument that, obviously, with some of this
information, it’ll help shape policy. One of the questions that we had
last time we debated the homeowner’s grant was: would the information
that government would now be getting through the homeowner’s grant
application process that maybe they didn’t have already…? Now the
information is going to be shared across different sectors. When I mean
that, I mean internal government offices to try to formulate.
[1:45 p.m.]
The minister was very, if I remember at the time, fairly bullish
in her commentary around the fact that this information would not be
used for creating any new taxes. This was just important information
that I believe, at the time, the minister said was to gather to avoid
fraud and other challenges that might be faced, but not to be used for
forming new taxes.
It now appears, though, when you read through a lot of these acts,
the government is able now to use all of this information and data that
they’re collecting for new policy and new taxes and opportunities in the
province for revenue generation internally. I’m trying to square the
circle, because it says…. That, to me, contradicts what the minister
said earlier. Is she willing to say that this information is not being
collected again for generating any kind of new tax policy, as I believe
she said earlier this year?
Hon. S. Robinson: I know that the member appreciates the evaluation of data. It’s
how we develop any policy — whether it’s tax policy, housing policy — in
government. That is what we do. Having data is helpful.
So here we have a program where we are collecting information.
There are a number of different tax policy pieces that we have as well,
whether it’s the Income Tax Act, the Employer Health Tax Act, the
Speculation and Vacancy Tax Act.
We understand the interactive effects of this information.
Information is helpful to understand what’s happening on the ground. So
being able to have staff take a look at this and to be able to recommend
policy, regardless of what happens with it, I think is very
helpful.
Whether it’s to tax or not to tax — let’s be really clear — this
information is helpful. The more information we have, the better our
understanding of what’s going on in communities on the ground around the
province, and it just allows us, I think, overall, to make better
policy.
M. Bernier: Just one more on this clause then. I do appreciate the minister’s
comments there. One of, I think, the frustrations that not only the
public has but, I would say, even a lot of us internally have is the
fact that government, right or wrong, works in silos. So any opportunity
to break down those barriers and share information across either
ministries or internal within different branches of a ministry,
obviously to avoid redundancy but to also share that
information….
I’m completely, personally in support of that, because if we can
save taxpayers money, and if we can share information internally that we
already have to make better policy to help people, obviously that’s
important as well. So I will agree with that portion of it.
My only comment, though, is then using that information to not be
nefarious by any means but to look at opportunities to go after other
additional revenue sources, if government uses that information to find
areas that they figure they could tax further, based on the information
they have of affordability, which I don’t think…. And I think the
minister would agree we’re not in a place right now to be able to add
any additional burden to people in British Columbia as we’re trying to
come out of this pandemic.
The only other question that I would really ask on this clause….
The minister, earlier, had mentioned, when we talked about the
homeowner’s grant, that there was no intention at that time at all to
have any changes to the homeowners’ grants, aside from some of these
technical aspects in this bill. Is that still the wording the minister
would use — that there are no changes planned for the homeowner’s grant,
as it still stands?
Hon. S. Robinson: No changes planned.
Clause 20 approved.
On clause 21.
M. Bernier: We’re now talking about the Hydro and Power Authority Act. We’re
moving through lots of different parts of this under Bill 4. We’re going
to get through a few more here very quickly, but I will move through
this one now.
[1:50 p.m.]
I want the minister just to explain this a little bit to me. Under
clause 21, this is applying the employer health tax now to B.C. Hydro,
from what I can see. Does that mean B.C. Hydro…? Were they paying the
employer health tax before? Were they not, and now this is just an
addition? What’s that process, please?
Hon. S. Robinson: As a result of an oversight during the design and drafting of the
Employer Health Tax Act, the Hydro and Power Authority Act was not
amended to ensure that the Employer Health Tax Act applies to B.C.
Hydro. There is no rationale for uniquely exempting B.C. Hydro from the
employer health tax. Other utilities, Crown corporations, authorities
and core government are subject to the employer tax health, so B.C.
Hydro has been operating on the understanding that it is subject to the
employer health tax.
M. Bernier: If they have been operating under that assumption,
understandably this will be retroactive, then? Is that the
case?
Hon. S. Robinson: Yes, it is.
M. Bernier: Well, if that’s the case and they have been operating that way,
what’s the cost, then, to ratepayers of B.C. Hydro, now that the
employer health tax will be added to that Crown corporation?
Hon. S. Robinson: If the member wants to check the B.C. Hydro financial statements,
he will see that they have been paying the tax, so there’s no change for
ratepayers.
M. Bernier: Can the minister quantify that or explain that, then, a little bit
for me? In a previous answer, I believe the minister said they weren’t
paying, but they were under the assumption that they had to be. So this
isn’t an additional cost to ratepayers, it sounds like, because they
were already building it in with their rate application, I
assume.
If they weren’t paying it, but now they were, does that mean they
were actually remitting that money to government already, all along, and
this is just a technical change to actually change the act to match up
to what was already taking place?
Hon. S. Robinson: This is just a technical change.
M. Bernier: I appreciate that. Does that mean that I just take, then, that
B.C. Hydro has been remitting their share of the employers health tax
all along, even though it wasn’t incorporated in the change? The
minister said that they anticipated it. Does that mean the government
was receiving those funds?
[1:55 p.m.]
Hon. S. Robinson: As Minister of Finance, I can’t share specific taxpayer
information. But I want to direct the member to take a look at the B.C.
Hydro financial statement. He will see that, according to their
financial statement, they have been remitting their employer health
tax.
Clause 21 approved.
On clause 22.
M. Bernier: This is another, I guess, technical change in a lot of ways around
the Income Tax Act. But just a quick question around this. If I
understand this
section here, it’s exempting the federal GST credit
boost from the Income Tax Act.
Maybe I’ll start here. To the minister’s knowledge, are any of the
COVID benefits taxable? Do they have to be claimed, or are they all
tax-free? Any benefits that have been announced through the circuit
breaker, through the COVID recovery benefit, any money going out to the
tourism sector, individuals who have applied for the COVID emergency
benefit — are any of those taxable, or is everything
tax-free?
Hon. S. Robinson: The worker benefit and the recovery benefit are tax-free. There’s
a whole list of benefits that I would be happy to compile for the member
and deliver to him so that he has that list available.
Clauses 22 and 23 approved.
On clause 24.
M. Bernier: On clause 24, it’s exempting the temporary wage subsidy from the
Income Tax Act, going through this. Can the minister confirm that that
means that the federal COVID benefits are also exempt from additional
income tax? Where does that fit in?
[2:00 p.m.]
Hon. S. Robinson: This is a technical amendment to pull out a federal benefit that
was inadvertently adopted. The federal government, of course, determines
what is taxable income. It was the CRA that requested that we make the
legislative change to clarify that there was no provincial equivalent of
the federal program.
Clauses 24 to 26 inclusive approved.
On clause 27.
M. Bernier: I’m probably just going to encompass the next five, six clauses
all into one question here, because it’s all basically the
same.
Clause 27 specifically is around the film and television tax
credit. But there are the other tax credits in a few other sections:
publishing tax credit, the books tax credit, scientific research and
experimental tax credit — quite a few. By looking at this, the
government’s wishing to extend the deadline for application. I will
argue, in a time like this, it’s probably a good thing, if we can
incentivize a lot of these opportunities.
Can the minister say…? Is this an initiative the government has
taken to do this, or did the minister hear from all the different
sectors that this extension was necessary?
[S. Chandra Herbert in the chair.]
Hon. S. Robinson: We’re in regular contact, of course, with various economic
sectors, and are in that constant contact, particularly during COVID.
This has turned everything upside down. It has forced all of us to find
different ways of working, different ways of delivering service,
different ways of developing product, different ways of engaging with
each other….
It’s through those conversations that we took the initiative to
bring these extensions, recognizing, based on what we’ve heard from
these various sectors, what they were challenged with, and looking to
help them in a myriad of ways. This is just one additional way that we
were helping these various sectors.
Clauses 27 to 34 inclusive approved.
On clause 35.
M. Bernier: On clause 35, now we’re talking about the B.C. emergency benefit
for workers in this
section here. Can the minister explain this one to
me in the House, please, because in the explanatory notes, it talks
about the “eligibility for the emergency benefit for workers for
individuals who received an overpayment under
Part 14” — and who
otherwise were not eligible. Can the minister explain that in layman’s
terms, so people understand what that means?
Hon. S. Robinson: I appreciate the member asking the question, because there was
some confusion about self-employed individuals’ eligibility for CERB. To
qualify for the CERB, individuals were required to have earned $5,000 of
net income over a one-year period prior to the pandemic. However, some
self-employed individuals applied for the CERB on the mistaken belief
that they were eligible if they had $5,000 of gross self-employment
income, but not $5,000 of net income. In many cases, these individuals
received the CERB despite not being eligible.
Since B.C. based its employer benefit eligibility requirements on
the CERB, these self-employed individuals may have also received the
EBW, even though they technically weren’t eligible for it. In February,
the federal government announced it would not be requiring these
self-employed individuals who received the CERB in error to repay the
money.
[2:05 p.m.]
In Budget 2021, B.C. announced it would parallel this federal
relief, since these individuals applied for the EBW in good
faith.
M. Bernier: I completely agree with that. I want to thank the minister,
because, I guess I’ll politely say, there’s been a lot of confusion, as
different levels of government are rolling out supports, trying to help
people — the confusion of who qualifies, who doesn’t, through the
application process. We’ve heard lots of different grants have been
problematic. As debated in this House, sometimes it’s left people,
through that confusion, not applying when they qualify, or on the other
side, people thinking they qualified when they actually
didn’t.
What I gathered from the minister is information that — in this
specific situation anyway — to mirror the federal, anybody who
accidentally, through no fault of their own, applied and qualified and
received the money will not be forced to repay that.
What kind of dollar amounts are we talking about? How many people,
through the research that was done, and how many companies or
individuals or groups, I guess, in this case, applied and received
funding when they actually shouldn’t have? What was the cost to
government? The caveat to that is I’m sure they applied because they
needed it, and we support that as well. I’m just more curious on where
the line in the sand was and what the cost was to government with
that.
Hon. S. Robinson: I want to thank the member for his question and staff for
frantically pulling up the number. Our best estimate is fewer than
10,000, because we’re just looking at the self-employed. We know it’s
not that high, because not everybody applied for it. But we know that
it’s fewer than that.
Clause 35 approved.
On clause 36.
Hon. S. Robinson: I move the amendment to clause 36 that is in the possession of the
Clerk.
[ CLAUSE 36, by adding the underlined text as
shown:
Section 219 (1) is amended by striking out
section 215 (1) , ” and
substituting “
section 215 (1) or
(1.1) , ”. ]
On the amendment.
Hon. S. Robinson: I’m proposing this technical amendment to Bill 4, which adds a
comma, to clarify how clause 36 changes the Income Tax Act.
Clause 36 is intended to change a
section reference at the start
section 219.1 of the Income Tax Act to add a reference to a new
subsection. However,
section 219.1 of the Income Tax Act contains
multiple
section references. Without the comma, it may be unclear which
of these
section references the government intends to amend.
The Chair: Members, as not all members have received a copy of the
proposed amendment yet, I will propose we take a five-minute recess
— even though it’s just a comma, it could be very important — to
give everybody the chance to look at the comma appropriately, and
inquire and do all they need to do before we come back here to give
you the chance to ask questions.
We’ll be in a five-minute recess to ensure that all get a copy
of this amendment.
The committee recessed from 2:10 p.m. to 2:15 p.m.
[S. Chandra Herbert in the chair.]
M. Bernier: I want to thank the minister and staff. I do have a copy of that
amendment. It was very technical in nature. I have reviewed that
amendment.
You know, obviously, when you’re moving a comma, it can completely
change the intent. Thankfully, there’s not enough time for me to
announce that I will be designated speaker and speak for two hours on
the removal and change of that comma. Instead, I’ll just say that I
think we’re in favour of the proposed amendment.
Amendment approved.
Clause 36 as amended approved.
Clauses 37 and 38 approved.
On clause 39.
M. Bernier: Again, I look forward to the time I’ll be back down there in the
Legislature — not doing this remotely, trying to talk to a
screen, with a desk covered in papers. I’m looking forward to being
there, face to face with the minister. I think we get a lot more
accomplished, sometimes, doing it that way. But I’m thankful for the way
we’re doing it right now.
I also want to thank the minister’s staff for the work they’re
doing as well, especially catching a comma. That’s important.
section 39, on the recovery benefit. I don’t want to
necessarily rehash all of the pros and cons around the recovery benefit.
I think we canvassed that quite well last December — some of the
challenges that we saw, albeit in favour of the intent of all of the
different recovery benefits that were being rolled out by
government.
Can the minister maybe just give me a bit of an update, though?
How many people have applied, to date, for this? How many people have
actually been paid the benefit?
Hon. S. Robinson: I had staff working in my ear, trying to get the details, but I
already have them. I anticipated the question. I knew to prepare over
lunch.
So 2,620,456 British Columbians have received or will receive
their benefit imminently. That’s $1,298,693,145 that has been or will be
paid in the days to come. We have received 1,976,400 applications, and
1,901,925 have been processed. That’s 98 percent that have been
processed.
The remaining that have not received a benefit who may have
applied…. They have been processed. We are waiting for information in
order to move them through and to make out those payments.
So the system…. The member did recognize the very first couple of
days it was…. There were certainly challenges in the system. But it’s up
and running. It’s been smooth.
[2:20 p.m.]
We are continuing to receive applications, which are available for
another month or so. I want to encourage those that are eligible to make
their application.
I think, based on feedback that I have received from people, it’s
made a difference in their lives. It’s helped them do some of the things
that they perhaps would have chosen not to do. It’s also allowed them to
contribute in their local communities, whether it’s ordering in meals
from a restaurant that is only able to do takeout or whether it’s taking
their bike to a bike repair shop because the weather is better and they
want to get out. Now they have a little bit of extra cash in their
pocket to do that. It’s certainly helping in communities right around
the province.
M. Bernier: I don’t want to debate the merits and the intent of the COVID
recovery benefit. There’s a reason why it passed unanimously in the
House. I believe everybody, and collectively, wants to see people get
the support that they need as best as possible right now, obviously
especially those who need it the most.
The minister — which I appreciate, thank you; she knows me well
enough to know what kinds of questions I will probably ask — went very
quickly through some of it. Now, I’m trying to understand: 2.6 million
applied; 1.9 million, just over, have been paid the benefits. I assume
that means a lot applied but didn’t qualify — looking at those numbers,
if I heard the minister correctly, through the Zoom screen
here.
But how many applications, then, are still under review, people
who applied? The minister said: “…looking to get more information.” How
many would that be? The minister said 98 percent. I’m just trying to
quantify it into a number.
Hon. S. Robinson: That’s 74,475 applications remain in process. They’ve been
reviewed, and there might be some information missing, or there needs to
be a double-check or a reference. As I get reports regularly, those
numbers are decreasing dramatically as more information comes in, and we
can move them through the rest of the process.
M. Bernier: Can the minister explain that again? I know we went over this a
little bit last December, but I didn’t think it would be to the extent
that I’ve seen. How come so many were red-flagged, required more
information? That was not part of the announcement originally. The money
was going to be direct deposited.
The reason why I flag this — and I’ll incorporate maybe a bunch of
my thoughts into this one opportunity for the minister — is I
continually, on a daily basis, receive emails, phone calls,
correspondence. A lot of it goes to the minister’s office as well —
people of that 75,000-ish who are extremely frustrated. I know I’ll ask
maybe some more detailed process questions in estimates.
I even had one yesterday that went to the minister’s office, which
I was cc’d on, where they applied January 4 and still have not received
the money. In fact, all the email threads were shared with me. They were
told, even as early as March, that they had submitted all of their
required documentation. Well, that’s two months ago. So they received an
email saying: “Thank you very much. We have all the information.” Every
time they’ve emailed back to find out the status, it is, understandably
in some ways, a canned email that gets back, continuously saying: “Thank
you. We’re reviewing your application.”
We are hearing a lot of people of that 75,000 who are very
frustrated, who need help, who have been waiting for that money.
Christmas isn’t in July. It was six months ago. Just curious on the
minister’s thought process — how she can work to help expedite some of
that, especially the people who have already submitted all of the
documentation that’s required and now are just waiting for that money to
be deposited. How can we move that along faster for those
people?
Hon. S. Robinson: I know that the member will recall, when we put this plan in
place, we did our best to design it as simple as possible. But at the
same time, we did put in some criteria. There are eligibility
requirements. We wanted to make it as simple as possible and put it
online.
[2:25 p.m.]
For most British Columbians, it was seamless. It was absolutely
seamless. They got their information in, and they were able to get their
cheque processed as automatic deposit within a matter of days. For the
majority of applications, that’s exactly how it worked.
However, there were certainly some where their information didn’t
correspond, perhaps, with their spouse’s information. That required to
get pulled from the automatic system, and then it needed a set of eyes
to review it, to identify exactly what information was needed. It had to
be communicated back to the person. Information had to then be sent back
to the ministry for manual processing. I certainly appreciate the
frustration. I do see those emails.
We’ve brought in additional staff because it required a lot of
hands on deck to address the volume. We’re continuing to move as quickly
as we can. I will say the bulk of those that are in process were waiting
for information. There are some that have delivered it. If the member
wants to flag that particular one, I’m happy to see where it is in the
process. But in my update from the public service that is dealing with
this, the bulk of those that are in process are about waiting for
information to get back to us so that we can continue to move it
along.
I can appreciate how frustrating it is for people. It has been a
difficult time. The extra dollars make a difference. Millions of British
Columbians have been able to receive it pretty expeditiously, but we
also have a responsibility to make sure that it meets the eligibility
requirements. That’s the due diligence that we’re taking as
well.
Clauses 39 to 42 inclusive approved.
On clause 43.
M. Bernier: Again, Chair, I appreciate your patience when we’re trying to do
this through the House and virtual means. So thank you very much for the
accommodations.
Clause 43. Now we’re talking about the Insurance Premium Tax Act —
disclosure, again, of information for fiscal policy formulation or
evaluation. I know I talked about this earlier. I just want to flag that
there’s a whole bunch of areas where the minister, ministry and staff
are looking to gather — use, I guess — information or maybe just
formulate opportunities within the information they already have. We
canvassed that earlier. I don’t need a response specifically on that
from the minister.
I want to ask, in this, more around the strata insurance premiums.
Was any analysis done, or will there be analysis done, on the strata
insurance premiums under this section? Is there going to be any work
done, especially with the information that government has access
to?
Hon. S. Robinson: As a part of sort of annual review…. All the tax acts are reviewed
annually. It’s part of what government does. I think that’s responsible
government, and we certainly do that. This Insurance Premium Tax Act is
always up for review.
My mandate letter has…. I’ve been asked by the Premier to take a
look at the strata insurance, make sure that that system is working
better and, if it isn’t, to take action. So everything is part of doing
that work.
[2:30 p.m.]
That’s one that has been an active file for us as government,
pre-COVID. I always feel like life is pre-COVID, post-COVID. I see the
member is smiling, recognizing that that’s sort of how our brains seem
to be working these days. That is part of my mandate, to make sure that
that system is working better.
M. Bernier: Yes, I acknowledge through my smirk that we definitely do relate a
lot of what goes on in our lives right now to pre-COVID existing time
and hopefully, post-COVID, some of the better situations I think we will
hopefully all find ourselves in once we get through this.
What the minister said, though…. As I know, it’s part of her
mandate letter. I’m just curious, then. I know the minister has had a
lot on her plate as we go through a lot of the different changes — some
of the delays in the budget and work that had to be done, as the
minister said, because of COVID and behind-the-scenes work. What kind of
work has been done then to fulfil that part of the mandate
letter?
The reason why I ask is that for people who are part of stratas,
this is not a new issue. This was a pre-COVID issue, and it’s something
that’s still hitting a lot of these people quite hard with the
skyrocketing costs of strata insurance.
I’m just kind of curious. If the ministry has a lot of
information, is evaluating or reviewing or looking at that, is the
minister willing to say then that because it’s taken a long time to get
to a point of finding a solution, there might be some retroactive
consideration from government to help repay some of these skyrocketing
costs back to strata owners and assist them? Because many of them have
had to take out loans or look at other things to pay their increased
strata costs. Is that something the government will look at?
Hon. S. Robinson: Thank you very much. The member will recall, certainly pre-COVID,
we did significant work with the B.C. FSA. They brought forward an
interim report and then a final report. We took action. We’ve certainly
seen best pricing has changed. The industry has decided to abandon that
practice, which is a good thing. A number of other items were changed as
a result.
I also want to point out — and we’ve done this before — the
analysis that we’ve done around the insurance premium tax that this
would save about $9 per household. I don’t think that that is really
what strata owners are looking for. They’re looking for the option to
have choice in the market, and that’s the work that we’ve been
doing.
We’ve certainly had conversations with the opposition last year, I
think, a year and a half ago — again, pre-COVID — about that that was
the solution and making sure that the market would operate better. We
are starting to see a bit of change, and that’s a good thing.
Clauses 43 and 44 approved.
On clause 45.
M. Bernier: I’m going to incorporate probably a few things here if I can to
save some time and help the minister, because whether…. In 45, we have
the Land Tax Deferment Act; in 46, the Logging Tax Act; and then
further, in 52, the Motor Fuel Tax Act. I just want to incorporate,
maybe, a whole bunch of those together. I could have even done this a
little earlier, possibly.
[2:35 p.m.]
As we’re talking about in all of those acts, again, it’s about
gathering the information or using the information for fiscal policy
formulation. Is it fair to say, then, for almost all these areas, for
this situation, that, again, the privacy impact assessment was done on
all of these? Again, it’s back to the same situation that I asked
earlier. Maybe I’ll ask it again for the remainder of all the ones in
the bills. If there was a change that was being made without that impact
assessment, maybe the minister can let us know.
Hon. S. Robinson: Privacy impact assessments were done for all of these, and no
concerns were raised.
Clauses 45 to 51 inclusive approved.
On clause 52.
M. Bernier: We’re looking at
section 52. It’s the Motor Fuel Tax Act. As we’re
going into the summer months here, I’m just kind of curious. With the
information that’s being used and gathered for formulating policy we
talked about, is there any opportunity, then, for the government to use
the data to deliver some relief at the pumps this summer to help people
as we see these skyrocketing gas prices?
Hon. S. Robinson: I appreciate the member’s question, given that we saw such a dip
back in, I believe it was probably March, April last year. Gas,
certainly in my community, was well below $1, but no one was driving
anywhere. No one was going anywhere. Although I do know that everyone
filled up, because they knew that that was not likely to last for very
long.
Of course, life has gone back to somewhat normal, as have gas
prices. This amendment really is just about making sure that we can
understand how these different taxes impact each other so that we can
make the best decisions possible on behalf of British
Columbians.
Clauses 52 to 61 inclusive approved.
On clause 62.
M. Bernier: If it helps at all, we’re getting closer to the end of the bill.
In clause 62, I’m just looking for a little bit of information here.
Clause 62 talks about, I guess, the “grey market” area around export
cars that was detailed in the German report.
[2:40 p.m.]
It’s now looking at requiring forms for resale, registration. I
think I can understand the intent for this. Maybe the minister, though,
can provide a little bit of an overview of how those forms will be
processed, examined and enforced. How is that going to be dealt with
internally?
Hon. S. Robinson: Purchasers can use a PST number if they already have it. There is
an exemption form that already exists that is available as
well.
Clause 62 approved.
On clause 63.
M. Bernier: I’m sure the minister was anticipating some questions here under
clause 63. Government brought in, obviously, an extra tax, a new tax,
that they announced for carbonated soda drinks. Can the minister explain
why, if I’m reading this correctly under
section 63, they are now adding
bottled water into the additional tax that will be added for carbonated
sugary drinks. Why is water added now?
Hon. S. Robinson: Again, the people talking in my ear have lots of information, so
it’s great to hear from them.
This is not a change. This is just addressing an ambiguity to make
sure that there’s no ambiguity about interpreting that there is no
additional tax on water.
M. Bernier: Maybe I’m not quite understanding what the minister means there.
Maybe she can explain to me then, because
section 63 specifically says:
“Removes water that is dispensed by a vending machine,” and all that,
from products “that are exempt from the tax.”
Maybe it’s just my wording. Does that mean that…? Is the minister
saying that I’m reading this incorrectly, that water is not being taxed
— bottled water that would be in a vending machine, water through a soda
fountain or soda gun? Does that mean that that water is not quantified
in some way and taxed? Because unless I’m misunderstanding the wording
here, it makes it seem that water is no longer exempt from the
tax.
Hon. S. Robinson: This is really administrative. What we’ve learned is that if there
are sweetened beverages in a vending machine and then there is one
compartment that is for water, the vending machine can’t distinguish.
It’s a programming issue.
[2:45 p.m.]
That’s been one of the challenges. So it’s just about making sure
there is clarity about how to address that. As part of…. All beverages
dispensed from vending machines or similar equipment are taxed unless
the vending machine or equipment does not dispense soda beverages.
Similarly, all beverages dispensed by a soda fountain, soda gun or
similar equipment are subject to PST.
M. Bernier: Through that answer, it’s not quite what the minister said the
first time, if I understand then.
So bottled water does get taxed if you are buying it through a
vending machine. The minister said water wasn’t, but it sounds like if
you’re buying it through a machine where there are already carbonated
drinks that are being taxed, because the machine is not set up to tell
the difference…. That means if you buy a bottle of water now at a
vending machine at the airport, at the SkyTrain station, you’ll be
paying additional taxes now on that bottle of water.
What about…? Under that same section, in the wording in
section
63, it talks about not only vending machines. It talks about soda
fountains and soda guns. I mean, many people go to restaurants and ask
for water, and they dispense the water out of a soda gun. How do we
differentiate them? For the minister, how does she explain that
sometimes there is tax applied, sometimes there is not, when the wording
says, in the act, that those would be taxed?
Hon. S. Robinson: I just want to remind the member that these changes came in last
budget, and this is just looking to clarify that.
Under those special equipment rules, water can be taxable in some
circumstances, when a bottle of water is purchased from a vending
machine that also sells carbonated sweetened beverages. This, again, is
intended to simplify recordkeeping for businesses — it really would be
very complex to try to sort out those elements — and reduces the
likelihood of disagreements, of course, in PST audits. The same applies
if it’s a soda gun or soda fountain and someone asks for water. Most
operators, most restaurateurs, do not charge for water.
Again, this is really just to clarify the time when it might be
operationally very difficult to separate it out. That’s all we’re trying
to do here — just to clarify where it could happen in those places where
there is a machine that has 15 different sweetened carbonated drinks and
one little thing for water. Being able to program these machines to be
able to differentiate is next to impossible, and recordkeeping is very,
very difficult for the owners.
M. Bernier: I’m not trying to water down this issue at all with the
minister.
Does that mean, if I went to a vending machine that sold just
water…? That’s what we’re trying to do here. The whole point of this
government bringing in this additional carbonated sugary tax was to
incentivize people to drink things like water, to not drink carbonated
and sugary drinks. So if I went to a vending machine that sold just
water products, I’m not subject to the tax, but if I go to a vending
machine that sells a combination, I am. Is that what the minister is
saying?
[2:50 p.m.]
Hon. S. Robinson: Yes, that is absolutely correct.
M. Bernier: I just want to acknowledge that the minister just drank some water
that was dispensed from a bottle of water, so I’m not sure if that was
taxed before she drank it, but just wanted to throw that in there as a
bit of a jab at the minister.
I think it’s important to highlight this, because I don’t
remember, at any time when we were debating and discussing this
additional tax last year, that it was also going to mean bottled water
would be taxed. I understand the minister is adding that in now as a
clarification, probably because they found out, through the course of
the last year — through administration of remittance of taxes through
different companies or corporations that deal with, let’s say, vending
machines, fountain machines — that it was hard for them. I assume that
means that they have asked for it?
Obviously, at the end of the day, we’re trying to incentivize,
through this tax the government has put in, to not drink those products.
Did the minister or government not look at any other way around this
issue, rather than just adding another tax to water that wasn’t really
announced in the initial part of this program?
Hon. S. Robinson: Again, this was canvassed as part of Budget 2020. This was listed
as part of that budget. I guess it was clear, but not as clear here,
where we are adding, “unless it is a beverage described in paragraph
(a),” which points to some very specific things. So it’s really about
adding a fine point on a budget bill that was already
adopted.
Clauses 63 to 69 inclusive approved.
On clause 70.
M. Bernier: In clause 70, we’re talking about the B.C. training and education
savings grant. Looking through this, can the minister explain why it
appears…? Why is the minister ceasing these payments? What is the
change? Why are we stopping this?
Hon. S. Robinson: After operating the program since 2014, it’s become apparent that
the annual transfers have resulted in an overallocation of funds to the
special account. It’s because the uptick for the program has been
below 50 percent, while the current formula, as originally set in
section 9.4 (2), allocates $1,000 for every child born or adopted here
in British Columbia.
There is a current balance of over $500 million in the account,
and the amount can support eligible B.C. recipients for an additional
ten years before any additional contribution to the account is required.
This amendment will ensure that the balance of the special account
better reflects the cost of the program. Program eligibility and
payments to qualified recipients are not impacted by this proposed
amendment.
M. Bernier: Taking the minister’s answer there, just for clarification, that
means that there are no plans, then, under this government or this
minister, of cancelling the grant?
[2:55 p.m.]
It sounds like there is enough in the piggy bank to continue it
for a while. Is that what the minister is saying? There are no plans of
changing it?
Hon. S. Robinson: Exactly.
Clause 70 approved.
On clause 71.
M. Bernier: I think this will be my last question. I just want to flag that
for the Chair, if that helps for him to move through the remaining
sections quicker.
Under
section 71, we’re talking about the speculation tax. We
specifically, as we go forward in here, talk about some of the charities
being exempt now. I’m just kind of curious, if the minister can run
through a timeline quickly for me, on the speculation tax being applied
in the past to charities. Is it just now that they’re being exempted?
And if that is the case, are there any retroactive applications allowed
for charities who may have paid the speculation tax — that they can
apply to get that money back to help these charities?
Hon. S. Robinson: I believe the member is referring to clause 73 in his comments. I
just want to make sure that if anyone is watching at home — this
riveting exercise — they know where we’re at.
Subsection 20(
a) already provides an exemption when a registered
charity is on legal title for a residential property. This amendment
ensures that a registered charity is also exempt when it is not on legal
title and instead holds property through a trust. Often registered
charities are required by law to hold property through a trust, so we
wanted to make sure that they were captured here.
Clauses 71 to 85 inclusive approved.
Title approved.
Hon. S. Robinson: I want to thank my staff, who have been incredibly diligent and
speaking in my ear. I want to thank the member for Peace River South for
his thoughtful questions.
I move that the committee rise and report the bill complete with
amendment.
Motion approved.
The committee rose at 2:58 p.m.
The House resumed; Mr. Speaker in the chair.
[3:00 p.m.]
Reporting of Bills
BILL 4 — BUDGET MEASURES
IMPLEMENTATION ACT,
Bill 4, Budget Measures Implementation Act, 2021, reported complete
with amendment, to be considered at the next sitting of the House after
today.
Hon. S. Robinson: We call second reading, Bill 7.
Second Reading of Bills
BILL 7 — ELECTORAL BOUNDARIES
COMMISSION AMENDMENT ACT, 2021
(continued)
B. Bailey: I’ll continue from where I left off yesterday, essentially
focusing on the very important democratic principle that everyone’s vote
should be reasonably equal in weight in choosing elected
officials.
[N. Letnick in the chair.]
I want to speak a little bit about independence. The Electoral
Boundaries Commission is an independent, non-partisan commission. These
changes actually restore that independence. Under the EBCA, a commission
must be in place within a year of the last general election, as we’ve
mentioned. It’s important that the commission have certainty as to its
mandate before they’re appointed, and that’s why the government is
introducing amendments to this act.
Every province and territory has similar legislation that provides
guidance for commissions to recommend electoral districts. These changes
will remove restrictions in the commission’s independent decision-making
and enhance the commission’s ability to exercise independent judgment in
recommending electoral district boundaries that best provide effective
representation for all British Columbians. B.C.’s act has been in place
since 1989 and has been amended several times in the past to support the
commission’s work.
[3:05 p.m.]
I want to speak a little bit about timing. Under the Electoral
Boundaries Commission Act, a commission must be convened within one year
of the last general election — October 24, 2021. The commission will
present an initial report to the Legislature within 12 months of being
appointed and then have six months to hear from the public and consider
any further input before a final report is presented before the
Legislature.
The Legislative Assembly will then review the commission’s
proposals and determine whether to implement the recommended electoral
boundaries, the amendments to the Electoral Districts Act. These changes
would need to be in place before the 2024 scheduled general
election.
In regards to choosing the membership, the act requires that the
commission be made up of three people: B.C.’s Chief Electoral Officer, a
judge or retired judge of the Supreme Court or the Court of Appeal
nominated by the Lieutenant-Governor-in-Council and another person
nominated by the Speaker of the Legislative Assembly in consultation
with the Premier and the Leader of the Official Opposition.
In regards to cost, the previous commission’s work took around 16
months to complete for a total cost of just over $1.5 million. We expect
the cost of the upcoming commission to be similar. The cost includes
salaries for one or two of the commissioners, administrative and
communication support — for example, the website — and travel and public
hearings if public health rules allow for it.
Previously, Elections B.C. provided administrative support to the
commission, and we understand that they are willing to play the same
role for the upcoming commission as well.
I want to reiterate this is not an attack on rural B.C. —
absolutely not. This is about ensuring effective representation for
people and the core democratic principle that everyone’s vote should be
reasonably equal in strength. Most other provinces do not have the kinds
of regions that these previous restrictions did. The 2014 changes made
B.C. an outlier, in fact.
There is one part of the current legislation which requires
that the population of electoral districts is no more than 25 percent
above or below the average district population, unless there are very
special circumstances. The proposed amendments further recognize the
representation concerns of less populated regions by making it explicit
in the act that the commission may take into account special
considerations respecting demographic and geographic factors, including
keeping manageable geographic size for electoral districts.
By giving the commission the option of adding more electoral
districts, we’re giving them the ability to support population growth in
urban areas while supporting effective representation in northern and
Interior electoral districts.
B.C.’s legislation will arguably be one of the more flexible
legislative frameworks across Canada with respect to allowing for the
possibility of lower-than-average electoral district populations. As an
example, Alberta’s legislation allows for up to four electoral districts
to be outside of their plus-minus-25 deviation range, and those four
districts can be no more than 50 percent below the average district
population. B.C.’s proposed legislation does not set any such cap to
ensure that the commission has the tools they need to support
representation in less populated regions.
While we don’t know yet what the Electoral Boundaries Commission
will recommend, allowing for up to six new districts means that the
commission has the authority to adjust electoral districts to better
reflect B.C.’s growing population while still maintaining effective
representation for British Columbians in less populated regions. But
there’s nothing saying that six seats will be added.
Commissioners have had the discretion to propose additional
electoral districts since 1996 yet have not always recommended
establishing the maximum number permitted by the act. Both the Wood
commission in 1998-99 and the Cohen commission in 2005-2008 had the
option of adding six extra seats but recommended four. However, the
Legislature at the time chose the Cohen commission’s alternative
suggestion of six additional seats because it maintained the existing
number of electoral districts in the north and Interior with no loss in
rural representation.
As the population grows, it becomes more difficult for elected
officials to respond effectively to the diverse needs of their
constituents. The current legislative framework has solidified a
significant differential between the least and the most populated
electoral districts. Some MLAs represent in the realm of 20,000 to
30,000 people, while others have populations of 70,000
people.
[3:10 p.m.]
At the time the last commission completed its work in 2015, none
of the boundaries were more than 20 percent above the provincial
average, and ten were more than 25 percent below the provincial average.
Two of those were 50 percent below. It’s clear from population estimates
that most of B.C.’s population growth has been concentrated in the
Okanagan, the Lower Mainland and the south Island. Continued growth in
these areas means that it is likely that the next commission will find
that some electoral districts are more than 25 percent over the average
electoral district population.
What are the implications for Indigenous communities? Well, we
don’t know yet what the independent Electoral Boundaries Commission
will, in fact, recommend, but that’s one of the reasons we’re proposing
an amendment that specifies that the commission may take into account
special considerations respecting demographic factors, which could
include Indigenous representation.
Currently, though, the legislation requires that the population of
electoral districts is no more than 25 percent above or below the
average district population, unless there are very special
circumstances. That’s also why we’re proposing to give the commission
the option of adding more electoral districts. We’re giving them the
ability to support population growth in urban areas while supporting
effective representation in northern and Interior electoral
districts.
In conclusion, I just want to say again that everyone’s vote
should be reasonably equal in weight in choosing elected
officials.
G. Kyllo: I’m immensely proud and honoured to be able to rise in the House
today and speak to Bill 7, the boundary review of our provincial
ridings. I’ll just take a few minutes to talk a little bit about my home
riding of Shuswap. The Shuswap riding is about 8,400 kilometres in size.
It has approximately 56,000 constituents, which is right about the mean
average if you take the population of the province and divide it by the
87 ridings. So I would say that the population of Shuswap represents the
average size, population-wise, of ridings across British
Columbia.
I think what’s important as we speak to the boundary review that’s
being undertaken today is to give consideration to the differences. B.C.
is a very vast geographic area. Many different types of terrain. We have
a significant amount of different diversity. There is need to give
consideration to minority representations — obviously a significant
number of First Nations communities; 204 different First Nations bands
in the province — as well as just, I think, giving a bit of
consideration to where we have come from.
The term “riding.” When I was first elected back in 2013, I
certainly understood what a riding was, as far as the fact that B.C., at
the time, had 85. We now have 87 ridings. Where did the term even come
from? I did a quick search on the Internet. The term riding comes back
from some of our heritage with the British parliamentary system. Even
back when the term riding was first utilized in the U.K., it took into
consideration not just the number of constituents that a representative
or a member would actually be able to service but also their ability to
be of service to a specific set of constituents.
It took into consideration how far a member could actually travel
on horseback over a certain number of days, and that was determined by
the size of the riding. How far could you actually be of service to your
constituents? Although population was one of the considerations, I think
it is very important to have a look at our historical traditions and
that the fact that the term riding also took into consideration the
ability to provide effective representation to constituents.
Now, as I mentioned, the Shuswap riding is 8,400 square
kilometres. Some ridings in this province are close to 100,000 square
kilometres, so a vast area. Some of the ridings of this province will
take upwards of eight hours of driving time just to get from one end of
your riding to the other.
[3:15 p.m.]
As we have a look at the great variety of the size and
configuration of different ridings in the province, I think it’s
really important to have a look at, really, what representation is. The
ability of constituents to have access to a representative also must
take into consideration the actual geographic location and the
geographic size of some of these ridings.
As I mentioned, Shuswap is only 8,400. I can travel from the north
end of my riding to the south end. It’s about a five-hour drive from
Seymour Arm to Mabel Lake. If I’m going east to west, from the community
of Revelstoke all the way down to the west side of Okanagan Lake to
Parker Cove, it’s about a four-hour drive. So a pretty significant area
to try and represent.
There are five different municipalities within the Shuswap
riding. We have Sicamous and Enderby, Armstrong, Spallumcheen and Salmon
Arm. There are two regional districts, both the Columbia-Shuswap
regional district and a portion of the regional district of the North
Okanagan. So as we have a look at the number of relationships that rural
ridings quite often are incumbent to actually foster with the different
municipalities: five mayors, two regional district chairs, 30
councillors, about another 14 regional district
representatives.
We also have in Shuswap four First Nations communities, including
the Splatsin First Nation in Enderby, Okanagan Indian Band,
Neskonlith and Little Shuswap Lake Indian Band. So there are a
considerable number of other locally elected governments that do work
directly with the constituency office in Shuswap, my office, in
providing that access to representation on any provincial
matters.
If we compare the size of Shuswap riding to some of our northern
ridings, Peace River North or Peace River South — these are vast areas.
As some of the members opposite have indicated, they have a smaller
population, but they have a vast geographic area for which they have to
provide service. And in many of these rural areas, they are not afforded
the equity with respect to access of services as we might find in some
of our metro ridings — things that I believe are probably taken for
granted if you’re living Victoria, capital regional district, or in
Vancouver, like transit.
Many ridings around the province are not serviced by transit. They
have limited access to cellular service. They have limited access, if
any access, to broadband. Many rural communities — and there are number
of communities even within my riding of Shuswap — are not serviced by
fire protection. And they are unable — can you believe this? — to even
access fire insurance.
In addition to that, there are some communities in the Shuswap
riding and, I know, other rural parts of the province that are
not even covered under building codes. So if an individual is looking at
purchasing a house in a rural area, there may not have even been a
requirement for that house to have followed any particular building code
standards when that home was constructed. In many rural parts of the
province, the only requirements are for an electrical permit and for a
health permit. That would be to cover the installation of water wells or
septic systems.
But for the vast majority of the province, there are great
differences. One of my colleagues was mentioning to me earlier today….
My colleague from Prince George–Mackenzie was doing some quick math and
having a look at the geographic area of the province and where our main
population centres are located. He shared with me that 60 percent of the
population of British Columbia is located within 0.5 percent of the
geographic area. Just think about that. Half a percent of the geographic
area holds 60 percent of the population.
Now, the member that just spoke before me, the member for
Vancouver–False Creek…. That riding was previously held by a friend and
colleague of mine, Sam Sullivan. Sam Sullivan was sharing with me how
Vancouver–False Creek is one of the most densely populated ridings
within the province of B.C. Sam shared with me that his riding was
approximately six city blocks. Sam uses an electric wheelchair, and he
said that he could actually ride around the full perimeter of his riding
in his wheelchair in about 2½ hours.
[3:20 p.m.]
When you have a look at the concentration of population and the
concentration of services…. When you’re in a metro riding, there’s very
limited need or necessity for Vancouver mayor and council to reach out
to your locally elected representative. A city the size of Vancouver has
direct access to the provincial government, so there is less of a need
to actually reach out and acquire the services and the support and the
advocacy of your local MLA. I believe that Vancouver has upwards of ten
MLAs that provide representation for that geographic area.
So as we look to the work that needs to be undertaken by the
electoral boundaries review committee and commission as they start to
undertake their work, I think it is incredibly important that they look
not just to the population but also to the geographic area and then also
give consideration to the complexity of issues that are borne by
different ridings around the province.
The colleague for Cariboo North, in her opening remarks,
shared some of the significant challenges. The particular riding of
Cariboo North has a reduced population. I don’t have the exact numbers,
but I believe it’s significantly below the provincial average. But the
complexity of issues that a rural MLA has to be confronted with are
significant.
If we compare, again, how the rural ridings compare differently to
a metro riding like Vancouver–False Creek, there are a significant
number of issues that rural MLAs are forced, or actually incumbent and
have the opportunity, to address — things like snow removal. In
Vancouver–False Creek and the city of Vancouver, snow removal is all
looked after by the city of Vancouver. There’s no provincial involvement
and no requirement to deal with some of the complexity of issues that
Cariboo North has dealt with, whether it’s fires or floods or even
subdivision approvals. Many folks that I have spoken to from metro areas
— largely, more densely populated areas — don’t understand the
differences.
In rural British Columbia, even in Shuswap or Cariboo North, as an
example, as soon as you get outside of a municipal region and out into
the regional districts, things like road maintenance and snow removal
are all a function of the Ministry of Transportation, which is a
provincial responsibility. So if you’re living in rural B.C. and you
have a challenge, or you’re maybe a little bit unhappy with the quality
of the services being provided with snow removal or grading on many of
the gravel roads, you will be reaching out to your local MLA to make
those inquiries. The rural MLA then has the responsibility of working in
conjunction with the constituent and the Ministry of Transportation to
try and provide resolution.
Those concerns and those issues do not exist in metro British
Columbia. Metro MLAs are not faced with those same concerns.
When we look to subdivision approvals, again, within Metro
Vancouver, if there’s a new development, if there’s a new subdivision
going in, all of those issues are dealt with by a municipal government.
But as you move out into rural parts of the province….
Even within the two regional districts that reside in part within
the Shuswap riding, if you’re looking to do even a simple subdivision,
even a simple two-lot subdivision, it is the Ministry of Transportation
that actually has the final responsibility for subdivision approvals.
And if there are challenges or delays or questions, and if a constituent
is unable to have those concerns addressed, they will reach out to the
local MLA’s office to seek out assistance and advocacy to try and assist
with the actual subdivision approval process. I actually have two
particular subdivision approval processes in rural parts of the Shuswap
riding that I’m trying to provide assistance to currently.
Again, I certainly welcome the opportunity to always provide
support to constituents, but it is very different. An MLA that provides
representation in a metro riding is not faced with any of those
complexities of issues. So I think it’s really important, as we look at
the opportunity to better inform the commission as they start to
undertake their work, to have a look at some of these
considerations.
[3:25 p.m.]
As I’ve set out, it’s not just population. It’s the geographic
diversity. It is about equity — the ability of a constituent to have
ready access to their representative. Again, in Vancouver, that could be
a couple blocks, or maybe 20 minutes on the SkyTrain. If you’re in Fort
Nelson and you’re looking to go and have a meeting directly with your
representative for Peace River North, that’s about a 3½-hour drive at
minimum.
Now, in today’s day and age, with improvements in technology,
people will automatically say: “Well, you just pick up the phone, or you
can do a Zoom call.” Many areas of rural B.C. still have no cellular
coverage and limited, if any, access to broadband services. They are not
serviced by any form of public transit.
We know what has happened with Greyhound services, as they pulled
out of British Columbia. Government had an opportunity to encourage and
provide some financial assistance so that we would still be serviced by
Greyhound, but that opportunity was lost. We now have a hodgepodge of
different transportation companies providing some limited service around
British Columbia.
But if you’re living up in Pink Mountain in northern B.C. and you
want to try and get down to see your representative in Fort St. John,
that is extremely challenging. There is no service. There is no transit
service. Best you could do, if you don’t have your own automobile, is
maybe thumb a ride or get a ride from a neighbour. So there are many,
many differences that the geography of this province actually
creates.
As we look at effective representation, I think we have to also
have a look at equity and fairness. I’ll just come back to, again, some
of the different complexities of issues that vary between different
parts of the province.
Health care access. We could talk about what is fair. Where is the
fairness in having ready access to health care services? Your ability to
have access to health care services in northern B.C. or remote areas of
the province is very different than it is if you actually live in a 604
area code somewhere close to the Lower Mainland or here in the Victoria
capital regional district.
There are many inequities across the province. The fact that
a representative of a rural area may be representing a reduced number of
constituents does not take away from the workload or the complexity of
the issues or the access to representation that that constituent is
entitled to.
I referenced fire protection, building codes. We also have to look
at the maintenance of bridges, especially in rural B.C. Cariboo North
has had a considerable…. The challenges that have sprung initially from
the wildfires now is increasing the amount of flooding in the area. The
number of rural roads — there are constituents that literally cannot get
to and from different locations within their riding.
Significant detours. I believe I recall the member for Cariboo
North indicating that there was one road washout which required children
on a school bus to be detoured an hour and a half out of their way. Just
think about that for a second. A road has been washed out. The Minister
of Transportation has failed, I believe, to rebuild or resurface that
road in a timely manner and put it back into operation. Families’
children are having to spend three hours a day on a school bus just to
get to and from school. That, again, represents an inequity.
Now, those that are listening from home may say: “Well, people
have choice. You may choose to live in a metro area. If you move out to
the hinterland of B.C., well, that’s just something that is understood,
and you should just accept that.” Might be a valid argument. But I think
those residents who are living in rural B.C. are also providing very
important services that are of benefit to the rest of British Columbia,
whether it’s natural gas, hydroelectricity….
You know, there really seems to be a bit of a lack of
understanding about the resource development in our province. I
certainly don’t want to disparage any of our metro folks. I’ve got many
friends that live in metro areas. But I think it’s just assumed, if you
live in metro area that, yeah, there’s access to transit.
[3:30 p.m.]
There’s good Wi-Fi and good cellular coverage. Beef comes from a
package in the grocery store. Natural gas just magically appears out of
a pipe in the ground and plumbs into my house to heat my home.
Electricity just wings in from overhead, and everything is
good.
If you have a look at the impact on the land base and those
residents of British Columbia that work important, very hard, diligent
family-supporting jobs to provide those benefits that the rest of us
enjoy…. There also needs to be, I think, better consideration for what
they provide.
Again, back to the comment that was shared with me by my colleague
from Prince George–Valemount, 60 percent of the population resides in an
area that represents only half a percent of the geographic area of
British Columbia.
My colleague from Penticton was sharing with me…. He was doing a
bit of research. He said that from the B.C. border, it is further to get
to the Yukon border than it is to get to the border of Mexico. I believe
the member mentioned that it’s around 1,480 kilometres to get from the
south end of the province of B.C. to the B.C.-Yukon border, and it’s
only around 1,420 kilometres to get from the B.C. border to Tijuana,
Mexico.
There are considerable geographic differences and challenges, and
the complexity of issues which rural MLAs are required to actually be
aware of in order to represent their constituents…. As the commission
goes to undertake their work, I certainly believe that there is a
responsibility and a necessity to give consideration…. Representation is
not just a representative for 50,000 constituents. The complexity of the
issues and the number and quantity of issues that a representative must
undertake in order to provide beneficial service to those constituents
are also absolutely paramount.
The member for Abbotsford West, a very wise colleague of mine who
has had probably more experience in this House than any other at the
present time, spoke about the need to ensure that existing constituents
in some of these rurally located ridings do not see their access to
representation further diminished or further reduced.
A riding may be 600 kilometres from one side to the other. If the
population of that riding is below a threshold, well, the only way in
order to increase the population of that riding is to increase the size.
By increasing the size, you’re, thereby, reducing or putting in an
additional impediment for those existing constituents to have ready
access to their duly elected representative.
I’m certainly concerned about the manner in which the commission
is being informed through this legislation. I certainly believe that the
rural MLAs, although they may represent fewer constituents than some of
the Metro ridings, work doubly hard. They have a significantly higher
complexity of issues. There are more elected representatives that they
are being leaned on for representation, whether it be local government,
regional districts, First Nation communities.
It’s interesting, also, when we give consideration to this
particular piece of legislation…. Government took significant effort to
undertake and to have approval in this House, by all members, of the
UNDRIP legislation, which requires consultation. Yet in drafting this
legislation that’s before us today, it’s my understanding that that
consultation has not been undertaken.
[3:35 p.m.]
I certainly believe the 204 First Nations in this province would
be very interested to find out and learn, as this legislation comes to
light and the commission undertakes its work, that the manner in which
this legislation has been brought forward to direct the commission puts
in place parameters which will likely and largely mean that their access
to representation will be diminished. The hours of travel — the distance
by which First Nations communities will have to travel in order to meet
with their locally elected representative — will only increase and, by
increasing, will actually diminish their opportunity to have that ready
access to duly elected representatives.
We have a government that says one thing and does something quite
different. There are two different bills that I had the opportunity of
making inquiries on in this House in recent weeks. I have to admit that
I was equally disappointed by the lack of effort and undertaking, or
even the slightest initiative, by government to try and actually bring
to light and to improve the communication and consultation with First
Nations. I think that in itself, that piece alone, the fact that this
government is continuing to bring forward legislation without the
smallest degree of respect or consultation with First Nations, is
troubling enough.
Government has a majority. They will hammer this bill through,
like they have with every other piece of legislation they have brought
forward, as ill thought, as ill timed and with the errors that exist
within.
I just can’t say enough about how proud I am to represent the
hard-working men and women of the Shuswap riding. I certainly look
forward to hearing my colleagues with some further commentary with
respect to Bill 7.
S. Chandra Herbert: I’ve been interested in this legislation, interested in learning
more about where my colleagues stand. I’ve got to say it’s….
Listening to the last member, he seemed to suggest being an
urban MLA was easy. He claimed that rural MLAs have to work doubly
harder than urban MLAs. A little insulting and not true. I will never
denigrate the work of my hard-working colleagues who represent rural
ridings across B.C. They work very hard. But I will not denigrate the
work of MLAs who represent urban ridings or suburban ridings. They work
very hard too. The issues are sometimes different. They’re sometimes the
same. But they are complex.
A speaker yesterday was complaining about ten-hour days. Well,
many MLAs all across this province are used to ten-hour days. We do that
because…. We put in the time for our constituents who elected us. We ran
for this work because we wanted to accomplish things. That takes hard
work. That takes complex conversations. That takes challenging
debate.
When I first ran to be an MLA in 2008, the constituency that I ran
for, Vancouver-Burrard, was 59,000 eligible voters. I think,
actually…. No, let me check that. So 59,815 eligible voters, I believe,
according to Elections B.C., at the time.
We know that there are MLAs who represent 14,000 eligible voters
and 15,000 eligible voters. MLAs who represent those communities make
very strong cases for how challenging it is to get out to see those
people. I don’t doubt it. I’m not arguing against that issue. I just
don’t think it’s right for MLAs on the opposition side to claim that
only rural B.C. matters. Urban B.C. matters too. So does the strength of
the urban B.C. voter matter too.
I said I represented 59,815 people at the time. Well, when you
dial that back, if folks are representing 14,000, that means that the
MLA that represents that community could arguably have four times the
voting power that I do. So my constituent’s vote is worth one-quarter of
the vote of the MLA that represents many fewer people but in a much
bigger constituency.
[3:40 p.m.]
That’s the challenge that Electoral Boundaries Commissions face.
They want to balance the need to allow effective representation with the
need to represent folks as close to equal as you can. Now that’s hard. I
don’t think you’re ever going to get a perfect situation where it’s just
one member, one vote per community.
Of course, with the geographical challenges people face and with
the communities of interest, with diversity, and so on, you want to make
sure that you give a commission the ability to think of those issues. I
think this bill meets that test by giving the opportunity to add some
seats. I know very few people want more politicians. But this allows us
to make sure that we don’t get to such a distorted place where you can
have four times the voting power as somebody in an urban community does,
because of course, that’s not fair either.
I get it — that it’s challenging to travel very, very long to
reach people and to give them the chance to have their say. But it’s
also very hard to represent twice the number of people or three times
the number of people as another MLA, because those people have demands.
Those people have wants. Those people have dreams.
In my case, in the community of Vancouver–West End, my office is
right there on the main street. So access to my office isn’t a
challenge. The challenge is just the sheer number of people wanting
meetings, phone calls, requests, demands — about any number of issues.
There are quite a wide variety.
I think it is important we acknowledge that when you represent
three times or two times the number of people as somebody else, that
also has an impact. It’s not often talked about, but it’s important,
because those people deserve just as much representation as a community
somewhere else. They deserve just the same ability to have their votes
count, their voices heard.
But you know, if it’s just phone calls…. In a Zoom world or a
phone call world, when you have two times or three times the number of
people wanting to talk to the MLA, that’s a challenge of representation
as well, because there are only so many hours in the day. I think
commissions are going to balance those out, as they have for many, many
years, to try and find that happy medium [audio interrupted].
The issues in my community are complex. We have challenges of
rental housing on top of homelessness, mental health, addictions and
then the impact on residents around those scenarios, around those
situations. I understand that the speaker before me seemed to suggest
that no, there was no need to talk to the mayor or council about issues,
as he has to. But that is just dead wrong. I talk to councillors, the
mayor, the park board, the school board all the time to represent my
community of Vancouver–West End.
I know it’s easy to try and pit rural B.C. against urban B.C. The
opposition, in this case, seems to think that’s an effective political
strategy. But I don’t think that brings us together. I don’t think
that’s, in fact, what the facts would suggest. I think we have to work
together and listen to each other. That’s why I will never denigrate the
hard work of MLAs that represent communities like the Cariboo, the north
coast, the far north, the Peace River country or the work of MLAs that
represent places like Vancouver–False Creek, like Quilchena, like Surrey
South, Surrey–White Rock and other urban communities as well. They do
work incredibly hard.
Maybe it was just poor phrasing from my colleague before to
suggest that only rural MLAs work doubly hard. But he was wrong then,
and I would hope he would reflect on that, because urban and rural MLAs
work very hard to ensure that they can speak on behalf of their
constituents — that they can represent their interests, that they can
advocate for them and that they can get change on their behalf. That’s a
very important thing.
This bill ensures that the Electoral Boundaries Commission can
make sure that the challenges of representing large, rural areas are
taken into account. But it also ensures that communities like
Vancouver–West End and our needs are taken into account too so that you
don’t have such outsized voting power for a small number of people and
such reduced voting power for a large number of people. You don’t want a
situation where it’s the tyranny of the minority, but you don’t want a
situation, of course, where only the majority in large urban centres can
ever be heard as well.
[3:45 p.m.]
That’s why the commission is set out in such a way to ensure that
representation can continue in the way it has, in giving the sense that
those communities matter just as much as communities like mine, even if
the voting power might not be quite the same. It’s now, I think, 44,000
eligible voters that I represent, compared to some constituencies of
about 15,000, which, you know — three times the voting power in a small
population community and large geographic community compared to my
constituency.
But certainly, constituents can understand that the challenge of
representing those communities is difficult. We wouldn’t denigrate that,
nor should MLAs in rural B.C. denigrate those of us who represent urban
B.C. and the hard work that we do on behalf of our
constituents.
So I will vote in favour of this. I do support the legislation,
because I think it meets the right balance between the needs of
representing communities of interest, the needs of representing rural
and urban constituencies and the needs, really, of the people. That’s,
in the end, who we do it for. We want to make sure that they have a
chance to have their voices heard.
It’s an independent process, so it’s not the situation we see in
some communities of gerrymandering, as the term is, of switching
boundaries just to represent one party or another. It’s about
representing the people of B.C.
I thank the Attorney General for moving this legislation, and I
will be supporting it.
T. Halford: I thank the member before me. I thank the other members before me
that spoke on this bill.
I believe that all politics is local. I’m from the riding of
Surrey–White Rock. I have, obviously, two municipalities in my riding.
Surrey is growing at a rapid race. I don’t think any of us in this House
would deny that. I do realize, though, that when we talk about
MLAs….
One of the privileges that we have being in this building, whether
you work in this building or you’re elected into this office, is you do
have the great chance to travel this province. You go in areas that many
British Columbians never get to. I can list off the communities that
I’ve been able to travel to while I was staffing ministers before. I
understand that one of the great joys of being in this House, whether
it’s in opposition or government or on different committees, is you get
to travel to a lot of those communities.
A fair number of those communities are, as previous speakers have
spoken, very remote. The member for Shuswap talked about eight hours of
driving time in some ridings. I can do my riding in about five minutes
from end to end. That is going the speed limit, except if you’re going
down Marine Drive where it’s 30 kilometres an hour, so I would avoid
that.
I do realize, though, that we have to acknowledge the fact that
every MLA in this House deals with different sets of issues, based on
their own constituencies. My constituency is predominantly seniors. My
neighbouring constituency Surrey South has a fair number of seniors in
the riding but also a lot of young families. Even though we’re
neighbouring MLAs, the needs are much different. That is obviously the
case across all 87 ridings. Every riding has its own unique
challenges.
When I first got up in this House, I guess six months ago, or
maybe four, I spoke on the throne speech, and I spoke about a story that
was fairly near and dear to my heart. It was actually somewhat
life-changing. I fear that this could get lost in this bill.
When I was in high school, I struggled quite a bit. I didn’t enjoy
high school. I was having some issues, and my parents decided that it
was time for me to go and see my MLA. Now, my MLA at the time — it was
1998 — was somebody I think this House is very familiar with: Gordie
Hogg. Gordie Hogg kind of transcends partisan politics, I think. I’ve
never heard anybody say anything disparaging about the former mayor, the
former MP and the former MLA for Surrey–White Rock.
[3:50 p.m.]
But I went in there, and I sat with my MLA for an hour. One of the
great things about Gordie is that Gordie had a lot of experience dealing
with youth in his previous career. He’s obviously still a big advocate
for youth and his work in KidSport.
The conversation that I had with Gord at the time and the amount
of, I guess, self-esteem that he inserted into me and the follow-up that
he did to ensure that I was going on a better path is something that him
and I talk about to this day, quite often. It is something of a
gratitude to him that I will never forget.
Growing up, I always knew who my MLA was. I was fortunate enough
to have Gord there for a number of years, followed by Tracy Redies. I
will never, ever forget the importance of that relationship, of that
conversation, and what it meant to me, what it meant to my family and,
ultimately, how it guided me in my life.
I will say that I’ve been here for a number of months, and I still
think that I’m obviously relatively new. It’s a very humbling experience
to come in here every day and to speak in this House. A lot of times I
catch myself realizing what a great privilege this is.
I hope that I have that same opportunity to one day have a
conversation with a kid like myself in my constituency office. I am sure
that members on both sides have had that conversation.
I worry that when we are looking at ridings the way we are in
rural B.C…. We’ve got to make sure that we’re not missing any of those
conversations. We need to make sure that we are accessible. We need to
make sure that people know who their MLA is and that they can access
their MLA.
We already have, when we look at some of these ridings — we talked
about the eight hours of drive time — MLAs that span multiple
municipalities. One of the things I’ve learned, being a new MLA, is how
important it is to foster those relationships with those municipalities.
I’ve got two. I spend a fair amount of time trying to work and improve
those relationships every day, because they are vitally
important.
I understand that it doesn’t matter whether you’re an urban MLA, a
rural MLA or a suburban MLA. You still have to foster those
relationships with municipalities, regional districts. I fear that
changes to this legislation could greatly impact that. I fear that those
relationships are really at the value of what we do in this House; what
mayors and councillors do. I fear that…. We need to keep in mind that
effective representation is crucial to what we do in this
House.
A lot of MLAs have to have two constituency offices, because if
they have a meeting at one end of their riding, they’re not able to make
it home in time. That is something that we have to reflect on in this
House.
I have the luxury of leaving here when the bells ring and being
able to sleep in my bed by ten o’clock. A lot of MLAs do, but a lot of
MLAs don’t. I think that’s a massive sacrifice, on both sides of the
House, that we need to thank those MLAs for and we need to thank their
families for. There are a lot of MLAs…. When we’re going from week to
week, they’re at home for 12, 14 hours.
None of that’s a surprise. They know what they signed up for, but
it is a sacrifice. It is, I think, one that we need to reflect on and
always give thanks to those MLAs. Those MLAs are on both sides of this
House.
I really do recognize the growing needs of urban B.C. — I see it —
but I also recognize the challenges with our rural communities. I
listened to the entire speech from my colleague and friend from Cariboo
North. This has not been an easy past few weeks for that member, for
obvious reasons, given the challenges that she’s faced in her community,
the devastation that she’s seen from the transportation
sector.
[3:55 p.m.]
I do not experience forest fires — I hope I don’t — in my riding,
or floods or avalanches. When we look at some of the challenges we’ve
seen from forest fires, from other natural disasters, and we look at how
important it is to have that support from that local MLA…. But for those
regional emergency services, knowing they can depend on and have access
to their MLA, I think, is vitally important.
I will not be supporting this bill for the reasons that I’ve just
stated, and I look forward to listening to the following
speakers.
S. Chant: Thank you, Mr. Speaker, for the opportunity to speak to the group
on this rather important bill, in my opinion and the opinion of many, I
think. Bill 7, the electoral boundaries act, is really looking at
realigning the electoral act with what was the original intent of
it.
As a democracy, we’ve always wanted to believe that each vote has
equal weight, which isn’t quite true at this point in British Columbia,
which makes us an anomaly in Canada, actually. There are no other
provinces that have the distribution of ridings with the same parameters
as we do.
In 2014, a certain government, who shall not be named, passed an
amendment on the Electoral Boundaries Act that was already established
and set it up so that some areas were protected, even though many less
people lived, worked and played in those regions. The result of this was
that a riding that perhaps had 20,000 voters in it could elect one
representative MLA and a riding with 70,000 voters could elect — oh,
wait for it — one representative MLA. Even my math doesn’t make that
work.
It’s very difficult to explain to a voter that their vote doesn’t
mean as much, should they happen to live in one part of British Columbia
than another. The people of B.C. are not terribly comfortable with that,
probably.
Bill 7 has, of course, the underlying premise of the commission
being appointed to work on reviewing and, if necessary, revising
electoral boundaries. This is to be done after every second general
election in order to accommodate the changes in our ever-growing
province. Our population grows, the distribution of the population
evolves, and it is very important to be able to reflect those changes
when it comes time to elect our leaders.
Additionally, the commission needs to have autonomy and do its
work without constraints imposed based on old doctrine or old data. The
commission is an impartial body of folks who are in trusted positions,
trusted to be able to evaluate information, input situations and
circumstances and come up with recommendations that make
sense.
Who gets to be on this commission? Who gets this trust? The given
member is B.C.’s Chief Electoral Officer. This is an individual who,
with staff, oversees our elections and makes sure the rules are
followed. It makes sense that this individual would have an intimate
knowledge of the current state of ridings to bring to the table as well
as be able to access current and historical information.
The next candidate for the commission would be someone nominated
by our Lieutenant-Governor-in-Council, who we’ll be seeing in the
chambers this afternoon giving assent to bills that have been debated
and passed. The pool that she chooses her candidate from is that of
judges, current or retired, of the Supreme Court or the Court of
Appeal.
The third person for this tribunal gets nominated by our hon.
Speaker, who would work with the Premier and the Leader of the
Opposition in order to find a candidate that can fulfil this most
important role.
[4:00 p.m.]
This commission is a tribunal of people who believe in British
Columbia, who know that it is important that we are well represented in
our Legislature, who understand the work of the government, who
understand the work of the MLAs and are able to look at things and say:
“Okay, this is reasonable. This is fair.”
They’re not just going to do it in a vacuum. They will be doing it
based on information and data and also on input from the people who it
impacts, which is critical. We need to make sure that that is reflected
and transparent to the people that are involved in any changes that end
up happening.
Every MLA in this chamber knows that their own riding is unique,
whether it’s the geography, the people, the ethnicity, the history, the
agriculture, the economy, the hunting, the fishing, the shopping. There
is a myriad of variables that create the character and profile of a
riding. Coincidentally, every MLA is unique, sometimes in ways we don’t
discuss.
[S. Chandra Herbert in the chair.]
However, the common thread is that we want to represent our
constituents effectively, fairly and appropriately. We want to be able
to advocate, to understand the characteristics of our riding and be
ready to speak to the amazing things, such as those that I hear every
day in members’ statements.
Understandably, if you’re an MLA that represents a large
population in a small geography, this can be extraordinarily
challenging. If I talk about my friend Joanne the nurse, why aren’t I
talking about all my other friends the nurses, who also do amazing jobs?
If I talk about the folks that run one of our seniors support areas, why
aren’t I talking about all of them? Daycare, schools — everything that
brings our society together. If I talk about some of them, I should be
able to talk about all of them fairly.
If I’ve got 70,000 people in my riding, it’s going to be pretty
darn difficult. That’s just talking about the things that come to the
surface. What about all those other things that go on, the things that
need a little bit of heat and light to look at them and say: “Wait a
minute. How do we solve this? How do we make this better?” If you’ve got
a huge population, you’ll never do it, and you might not
sleep.
Conversely, if you’ve got a small population and a huge geography,
you’ve got similar problems or different problems. You’ve got all sorts
of opportunities to test your knowledge, skills, history, relationships,
map reading and other pertinent topics. You have as much of a challenge
as the person does with the large population if you’ve got your large
geography.
Somehow or other, this stuff all has to be balanced out. Somehow
or other, we have to make a way to make it equal. We do have, already,
an established process that says that after every second general
election, our ridings and constituencies will be reviewed. Got that.
Have it. It’s in place. It’s used. However, what we don’t have is the
freedom of that commission at this point to do its job without
constraint. That’s what we’re aiming for in Bill 7.
Another example is in my riding. We’re very lucky. On one side are
beautiful coastal mountains, and on the other side is the Salish Sea.
Related to my geography here is the access to marvellous trails for
hiking, running, walking, bike riding and horseback riding. Our
mountain-biking network is famous, world famous. The trail names are
spectacular. We’ve got Oilcan, Ladies Only, Executioner, Upper and Lower
Griffens and Forever After, just to name a few. Who knew that I, as an
MLA, should be familiar with these in order to speak the same language
as some of my constituents? Max, age nine, who lives in my riding, knows
all of the trails and can map them out if asked.
We have Quarry Rock, Lynn Canyon Suspension Bridge, Seymour
Demonstration Forest, Lynn Headwaters and other parks and natural
attractions. The Tsleil-Waututh Nation, an intrinsic part of this
riding, is engaged with so many of these things.
How do I represent those people? How do I do it properly? How do I
do it effectively? An important piece is that I know what my boundaries
are, I know who my riding is, and I have the ability to work within that
knowledge.
[4:05 p.m.]
The other thing that comes as an interface with this nature? My
voters are interested in the environment. They are interested in
animals. Oh, wait a minute — they’re also interested in housing,
traffic, the economy, health and surviving and getting beyond COVID. Are
all these and other issues pertinent only to my riding? Heck no; of
course not. However, these will always be considerations that are
applicable to North Vancouver–Seymour and may or not be applicable to
Penticton or Nechako Lakes or Vancouver-Fairview or
Surrey-Fleetwood.
This bill allows the commission the freedom to take considerations
under advisement in order to ensure that each of our voters has an equal
opportunity to be represented fairly. Bill 7 also frees up the
commission to do its assigned job and make recommendations that can
support B.C. to remain a democratic province.
If new ridings are needed to reflect population changes, that
possibility is there. If boundaries need to move in order to ensure
sufficient people are well represented, the commission can make that
recommendation. If we need more seats to represent the diversity in the
population, that opportunity is there. I’m not quite sure where we’ll
put those seats in the chamber. However, that is something else to be
decided.
Bill 7 is a relook, like we have to do with so many of our things.
It’s a way of bringing the legislation into current state. Bill 7 gives
us that opportunity to update it and revise it, like we have to do with
many other things because they need that current lens on
them.
Excuse me for one second, Mr. Speaker. I’m just going to close my
door. Sorry. Shortly there’s going to be a compressor going on in the
background, and you guys don’t want to hear that.
B.C.’s population is expected to grow at a rate that can be
estimated fairly accurately, and the diversity that’s already present
can be counted on to expand as well. Bill 7 needs to be in place in
order to allow the B.C. electoral commission and Electoral Boundaries
Act to do and be as effective and appropriate as possible, given the
future that we expect B.C. to move into.
I thank you, Mr. Speaker, for the opportunity to speak to
this.
Deputy Speaker: Thank you, Member. Thank you for thinking of us with that
compressor.
All right, recognizing the member for Nechako Lakes.
J. Rustad: Thank you, Mr. Speaker. I am pleased to be able to speak, I guess.
I was going to say stand, but of course, I’m not standing. I’m sitting
at home.
I’m pleased to be able to speak to this bill, Bill 7, and to
continue to represent the good folks who live in Nechako Lakes. I’ve
listened to some of the debate that I have been able to listen to from
both sides. I listened to the member from the Green Party, the leader
from the Green Party, and her comments. But I want to relate, in terms
of Bill 7, a few stories from my riding, because I do believe there is a
difference when you think about equitable representation.
I fully understand that when you’ve got a large riding,
population-wise, it puts a lot of pressure on MLAs. I had the good
fortune, when I was first elected, of representing the riding of Prince
George–Omineca, which had a significant component of my current riding,
but it also had a large chunk of Prince George. There certainly was a
big difference between representing the people in Prince George and
representing the people in the Omineca side.
When my riding changed in 2009 to what is now Nechako Lakes, a lot
of those same issues that happened in Prince George that I had to deal
with weren’t around. The types of issues, the types of things that you
had to deal with changed dramatically. I understood that, because it’s
more of urban issues and the complexities that happen with that versus
the rural issues. So there are significant differences across the
province.
[4:10 p.m.]
I understand that with the growth and population, you need to be
able to make sure you can have that balance, in terms of representation,
but I want to make the case to think about the rules for using very
special circumstances.
Now, that opportunity to use those very special circumstances,
those opportunities to go beyond the 25 percent variation exist in this
change to the act and to Bill 7. But I’d like people, not just the MLAs
here but also the Electoral Boundaries Commission, to think about what
that means. What is a very special circumstance? What would be the
rationale for saying that a riding can be outside of that 20 percent
variation of the average population or the electoral
quotient?
Obviously, distance travelled is one factor. Certainly, that needs
to be thought about. The uniqueness of communities. The uniqueness of
the population in some of those communities. The geographic challenges,
like mountain ranges and these types of things. The vast area,
obviously. That needs to be considered, as well as some very unique
situations in terms of some of the very social factors that could come
up in areas. So there are a number of things that could be looked at in
terms of very special circumstances.
I started thinking about that. I started thinking about…. Okay.
Nechako Lakes, which is, I think, about the third-largest riding, is
about 72,000 square kilometres. It’s about 2.2 times the size of
Vancouver Island. To put it in other terms, it’s the size of Belgium and
the Netherlands put together. What makes that very special in terms of
the circumstance of representation?
Well, you come up to Prince George, and you drive 2½ hours west of
Prince George to get to Burns Lake, then you turn south for about 20
minutes, and then you take a