British Columbia Committee Hansard (Blues) — Wednesday, May 16, 2018 p.m. — Number 139 (HTML) (41st Parliament, 3rd Session) (20180516pm-CommitteeC-Blues)
20180516pm-CommitteeC-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Wednesday, May 16, 2018
Afternoon Sitting
Issue No. 139
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Statements (Standing Order 25B)
Ramadan
G. Begg
B.C. Beef Day and ranching industry
D. Barnett
Flood preparedness
J. Rice
Amyotrophic lateral sclerosis
S. Bond
Lyme disease
N. Simons
Notaries public
J. Yap
Oral Questions
Use of email by Advanced Education Minister and
response to freedom-of-information request
S. Bond
Hon. J. Sims
M. Stilwell
Support for digital technology supercluster
initiative
A. Weaver
Hon. B. Ralston
Use of email by Advanced Education Minister and
response to freedom-of-information request
P. Milobar
Hon. J. Sims
J. Johal
M. de Jong
Hon. M. Farnworth
Point of Privilege (Reservation of
Right)
Hon. M. Mark
Motions Without Notice
Referral of statutes to Parliamentary Reform
Committee
Hon. M. Farnworth
Orders of the Day
Committee of the Whole House
Bill 30 — Cannabis Control and Licensing Act
(continued)
M. Morris
Hon. M. Farnworth
A. Olsen
T. Wat
Reporting of Bills
Bill 30 — Cannabis Control and Licensing
Act
Committee of the Whole House
Bill 29 — Voluntary Blood Donations Act
(continued)
N. Letnick
Hon. A. Dix
Reporting of Bills
Bill 29 — Voluntary Blood Donations Act
Committee of the Whole House
Bill 33 — South Coast British Columbia
Transportation Authority Amendment Act, 2018
S. Sullivan
Hon. S. Robinson
J. Rustad
A. Olsen
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Finance (continued)
S. Bond
D. Barnett
Hon. C. James
A. Weaver
T. Redies
E. Ross
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Tourism, Arts and
Culture
Hon. L. Popham
D. Clovechok
M. Stilwell
T. Shypitka
D. Barnett
WEDNESDAY, MAY 16, 2018
The House met at 1:35 p.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. A. Dix: We’re honoured here today and this week to be joined by people
involved in the ALS Society of B.C. Everyone knows the society does so much
here in British Columbia to support people living with ALS — to provide not
just support but support for research and hope. We’re very honoured to have
them here: Dr. Andrew Eisen, ALS B.C. president; Dr. Heather Durham, member
of the advocacy committee; Paul LeBlanc, member of the advocacy committee;
Susan Brice, member of the advocacy committee; Rick Poliquin, member of the
advocacy committee; Ann McArthur, an ALS director; Jim Williams, ALS
director; Wendy Toyer, ALS B.C. executive director; and Barbara Vassey, who
is Ann McArthur’s companion. I wish everyone in the House to please bid all
of our guests welcome.
D. Clovechok: I would like to take a minute to introduce some folks today from the
B.C. Cattlemen’s Association, specifically my neighbour, who is the
president of the B.C. Cattlemen’s Association, Brian McKersie. I had the
opportunity this past weekend to help him brand all of his calves. People
asked him: “How many calves have you got, Brian?” He said: “Oh, a bunch.” So
that’s the number that we did.
I also want to recognize Holly Jackson is up there, Kevin Boon, Grant
Huffman, Larry Garrett, Rick Mumford and Werner Stump. So if the House could
make them welcome.
Good to see you here.
S. Bond: On behalf of the opposition, I would like to join with the Minister of
Health in thanking the members of the ALS Society of B.C. for being here
today. They are extraordinary people. I have had the pleasure of meeting
them and working with them.
Dr. Andrew Eisen is actually probably the founder of much of the work
that has taken place with ALS in our province. Dr. Heather Durham is an
incredible researcher and contributor. But as we look down the list, these
are incredible difference-makers.
I do want to recognize Susan Brice, who is not only here as a member
of the advocacy committee but was a former member in this Legislature and
has gone on to do some incredibly good work with ALS and other
organizations.
And perhaps just a special thank-you to Ann McArthur and her
companion, Barbara, who are here today. We know that it takes a great deal
of effort to make the trip here to Victoria. We know that you’ve been a very
passionate advocate, and we just want to express special gratitude for you
making the effort to be here today in the Legislature.
I join the Minister of Health in welcoming you on behalf of the
opposition.
[1:40 p.m.]
Hon. L. Popham: As we all know from the incredible aromas in this chamber, it was B.C.
Beef Day here on the precinct. Our government declared today B.C. Beef Day
once again, and we’ve had some representatives join us from all around the
province. Some of them have been introduced, but I’m going to introduce them
by association.
The B.C. Cattlemen’s Association here today brought Brian McKersie,
Larry Garrett, Kevin Boon, Grant Huffman and Rick Mumford.
We had the Association of Cattle Feeders — Joe Heemskerk, Doug
Haughton, August Bremer and Andrea van Iterson.
We had the B.C. Breeder and Feeder Association — Ken Fawcett, Carol
Fawcett, Connie Patterson and Lindy Gilson.
I have to tell you that this is an incredible group of people that
work really hard around our province. They’re part of our diverse economy.
Almost to the day, I think I can say that I was waiting for years to not
just become the Minister of Agriculture but to get one of those amazing
hats.
Thank you so much, and welcome back to the Legislature.
J. Yap: I have six introductions today, six wonderful people who are in the
precinct. I hope they will make it to question period to join us. From the
Notaries Public Society of British Columbia, with us today are: Rhoda
Witherly, president; Jessie Vaid, first vice-president; David Watts, second
vice-president; Filip de Sagher, a director; John Mayr, executive director
of regulation; and the CEO of the Notaries Public Society, Jacqui
Mendes.
I’ll be having a little bit more to say about the wonderful work that
notaries public do in our province during statements, but please, Members,
give a warm welcome to the notaries visiting us today.
Hon. H. Bains: In the gallery, I’m really, really pleased to introduce to you the
young workers committee of the B.C. Federation of Labour, along with Denise
Moffitt from B.C. Fed. With her are Kari Michaels, Caitlin Davidson-King,
Kyle Knapton, Geoff Stephens, Milena Kollay and Ryan Milligan.
This young workers committee is here to talk to the MLAs about
improving the Employment Standards Act, improving the labour code, improving
health and safety — overall, trying to convince all of us to have better
working conditions for all working people. Please help me give a warm
welcome.
Hon. D. Eby: I’d like to join the member for Richmond-Steveston in welcoming the
Society of Notaries Public of British Columbia, the B.C. notaries. I look
forward to meeting with them later on today. The member introduced all of
them. I won’t repeat it, but I will add Ron Usher, general counsel for the
notaries, who’s here, as well, with them. I look forward to meeting with
them later this afternoon. The House, if you would please join me one more
time in making them feel especially welcome.
T. Wat: It gives me great pleasure today to welcome representatives from
Korean Air. Not only are they representing Korean Air, but they are my very
good friends for many years. In the gallery, we are joined by Mr. Brian Yung
Dong Lim, the regional manager of Korean Air, and sales managers Douglas Yu
and Stacey Ko. They work so hard in promoting the trade opportunities, the
tourism opportunities and business opportunities between Korea and British
Columbia. They also support the Canada free trade agreement that came into
effect in 2016.
Korean Air operates daily flights between Vancouver and
Seoul.
I wish the members of the House will join me in welcoming this group
to the Legislature.
R. Kahlon: I’d like the House to welcome Mark Gordienko. I think he’s here in the
chamber. Mark is the former president of the ILWU Canada-wide. He’s retired,
and he rode his bike today to Victoria to watch question period. I hope the
House will join me in making him welcome.
[1:45 p.m.]
D. Routley: I’d like the House to help me welcome two of my very good friends, Ken
Brownlow and Debbie Brownlow. They’ve both helped me out a lot on election
campaigns, and we’ve been fast friends, good friends, for a long time now.
They visited us today together with their friends Tom Skarvig and Nikki
Skarvig. Would the House help me make them very welcome.
I would like to just briefly add my thanks to the ALS Society and — I
won’t list off the names — one person in particular, Dr. Andrew Eisen, who
was, in fact, one of my father’s physicians when my dad had ALS. The work
that Dr. Eisen has done for this province and people affected by ALS can
never be underestimated and never thanked enough.
The society itself does so much to support families struggling with
this. I know that all members will know that when we hear of people who have
been afflicted with something that has afflicted one we love or ourselves,
we immediately understand the dramatic severity of that to the circle around
those people and how that circle expands. The people who give care are in
need of care themselves and support, and that, I think, from my perspective,
is the most valuable thing that the ALS Society provides people, along with
the hope for a cure.
With the deepest sincerity, I thank Dr. Andrew Eisen for everything
he’s done for the people of British Columbia.
D. Barnett: I know they’ve been introduced, but I don’t very often get people from
the Cariboo-Chilcotin coming to this wonderful place. Today I have two of my
constituents who are longtime ranchers in the Chilcotin, Grant Huffman and
Rick Mumford, who are both members of the Cariboo Cattlemen’s Association
and members of the B.C. Cattlemen’s Association. I would ask the House once
again to welcome these two fine gentlemen here.
Mr. Speaker: The Minister of Jobs, Trades and….
Hon. B. Ralston: Technology, especially today. The tech conference is on today, Mr.
Speaker.
I want to acknowledge, in the gallery or the precinct, an incredible
group of Canadians who are part of the Persian diaspora, which is very
strong here in British Columbia — Mahbaibeh Mohebkhah, Hesam Teimouri,
Romina Mahboub, Afshin Kiasat, Maryam Malekpour, Amir Bajehkian, Sima
Ghaffarzadeh, Houman Kabiri Parvizi, Kasra Ghorbaninejad, Mahdi Shooshtari
and Milad Toutounchian. Would the House please make those people
welcome.
R. Glumac: I will continue the introductions of the group that is here today.
They represent many tech professionals, data scientists, CEOs and engineers.
I would like to introduce Azin Rahimzadeh, Ehsan Hamidi, Fez Rismani, Golnaz
Falaki, Hamed Khatami, Edeem Karoue, Iman Makarami, Kamran Tayabi and, from
my own riding, a community leader for a long time and well known and well
respected in the community, Fred Soofi. Would the House make them feel
welcome.
C. Oakes: Like many farm kids, I had the opportunity, growing up…. My parents
started the Breeder and Feeder Association in the Cariboo region, and it’s a
really important organization. I know that with the work that they’re doing,
they want to expand it onto Vancouver Island and into Vancouver. It’s a
really important association that does such great work, especially in the
Interior and the north. I have a constituent here today, Lindy Gilson. I’d
like to thank the group for the incredible work and keep it up.
B. Ma: I’d like to join in with my colleagues in introducing the remainder of
the Iranian-Canadian technology professionals that are joining us in this
House today. I’d like to introduce Mahta Ghaznavi, Mahyad Aghigh, Mehdi
Hashemi, Mehraveh Seyedalikhani, Mohammad Akhlaghi, Mona Kavianipour, Sahra
Dilmaghanyan, Sajad Seifian, Vahid Ahsani and Zahra Zaker. Can the House
please join me in wishing them all a very good
به مجلس خوش
آمدید
which is “welcome to the Legislature.”
[1:50 p.m.]
M. Dean: Well, in the gallery joining us today are 35 grade 5 students from
Victor Brodeur School in Esquimalt, and they’re here with their teacher
Daniel Bernatchez. Will you please make them very welcome.
A. Olsen: I’d just like to introduce another group of students from Gulf Islands
Secondary School on Saltspring Island and students from all of the southern
Gulf Islands. Ms. Louise Doucet and her grade 11 French social studies class
are going to be in the precinct in a few minutes. Could the House please
make them feel welcome.
J. Rustad: I know the cattlemen have been introduced, but I wanted to say a few
words as well. The cattle industry, in my riding in particular, is a
stabilizer, economically and socially. It’s a very important component of
the communities throughout my riding of Nechako Lakes, as I know it is in
many ridings throughout the province.
I particularly want to say thanks to Ken and Carolyn Fawcett, as well
as Larry Garrett and all the cattlemen that are here. They do a great job
raising the beef that we consume, even though much of it gets finished in
Alberta. They’re looking at expansion. They’re looking at great
opportunities, and I just want to thank them for the efforts that they
do.
Statements
(Standing Order 25B)
RAMADAN
G. Begg: It is the world’s second-largest religion and the fastest-growing
major religion in the world with over 1.8 billion followers, or almost
25 percent of world’s population. A 2015 Pew Research Center report
found it is on track to surpass Christianity this century.
Canada is home to a rapidly growing community of more than a
million of its members. They are descendants of immigrants who came to
Canada in the late 19th and early 20th centuries. It is the faith of
Islam, and its followers are Muslims.
Muslims all over the world, including a large number here in
British Columbia and in my riding in Surrey, are now observing one of
the holiest months of their calendar. They will fast during the daylight
hours in this ninth month of the Islamic lunar calendar, called
Ramadan.
The purpose is to remind people of the goodness of what they have
and show equality with the poor. Ramadan is a time for study and
self-discipline. It is one of the five pillars of Islam and marks the
month that the Quran was first revealed to the Prophet
Muhammad.
For many Muslims, it means a month of fasting from sunrise to
sunset, forgoing food and water. When fasting, Muslims will have one
meal before dawn and share another meal with friends and family after
sunset.
The fast is not simply about denying food and water. It also
involves, arguably, the more taxing challenge of avoiding ill speech,
arguments, loss of temper and malicious behaviour. The goal of fasting
is to get closer to God and keep one’s mind focused on a spiritual
plane, while helping and caring about those members of the society that
are less fortunate.
Muslims will observe this holy month by focusing on prayer and
reading the Quran, while generously giving to good causes and their
neighbours. It is a period of reflection, patience, self-restraint and
generosity that is intended to bring Muslims closer to Allah.
Ramadan started last evening this year and ends on the evening of
Thursday, the 14th of June, when Eid will be celebrated and Muslims will
gather with family and friends to eat and pray together.
To all the faithful who observe this event in British Columbia,
Ramadan Mubarak .
B.C. BEEF DAY AND RANCHING INDUSTRY
D. Barnett: It is an honour to rise today. Another important day in British
Columbia is B.C. Beef Day. I am sure that you have heard me say this
before, and I’m sure that you will hear me say it again: British
Columbia cattle is a key component of our economy.
[1:55 p.m.]
When we speak of agriculture in this province, most people do not
understand how much of our industry is the production of beef. There are
over 4,000 ranches operating in British Columbia, and approximately
545,000 cattle.
This day is a day of celebration, but it is also a day of
awareness. The Cattlemen’s Association has always flourished with the
environment in mind, and we are working hard to adapt to a changing
climate. Cattle are kept happy and healthy through clean drinking water
and green earth, and so are we.
I would like to finish by thanking our ranchers and barbecuers
today for treating everyone to a fine feast and for feeding our
province. This industry contributes $600 million annually to the
province’s GDP and is well worth a day of celebration. Today there are
ranchers, cattlemen and -women from all over the province who came to
the Legislature. They shared a wonderful barbecue with politicians,
staff and the public — as always, great-tasting, wholesome and safe beef
— just in time for summer. I know it was delicious, and I hope you all
had a chance to stop by. They’re always very gracious.
Our hard-working ranchers have done us another great day at the
Legislature in British Columbia. Thank you to the ranchers.
FLOOD PREPAREDNESS
J. Rice: There are nearly 2,000 properties under evacuation order and
another 3,000 under evacuation alert, due to freshet and flooding events
across B.C. The current forecast for B.C. is for continuing warm weather
into the long weekend. Now, that may sound like a lot of fun for people
going to the cottage or the golf green this weekend, but for some, this
will mean more flooded homes, lost property and irreplaceable keepsakes
and memories. The higher-than-normal snowpack, combined with these warm
temperatures, translates into the potential for overland
flooding.
These conditions call for increased vigilance in the communities
of the southern Interior and the lower Fraser Valley. We are doing
everything we can as a province to prepare for more flooding in the days
and weeks ahead. During this trying time, we want British Columbians to
know that we will be there to help. To date, we have activated the
Provincial Emergency Coordination Centre on the Saanich Peninsula to
support regional operations centres in Kamloops, Prince George, Surrey
and Nelson to provide assistance to local governments.
We’ve made disaster financial assistance funding available to
those affected in the regional districts of Kootenay-Boundary,
Okanagan-Similkameen, Central and North Okanagan, Columbia-Shuswap,
Thompson-Nicola and many areas in the Cariboo. We are making this
funding available to help residents, local governments and First Nations
rebuild so they can rebuild the process of healing.
We’ve deployed over two million sandbags to local governments to
protect homes and public infrastructure. We’ve provided a total of 12
sandbag machines to Cache Creek, Oliver, Vernon, Willowbrook, Kelowna
and Prince George. Over 300 B.C. Wildfire Service firefighters have been
deployed to assist with sandbagging throughout B.C. We have additional
resources ready to deploy to Prince George, Kelowna and Chilliwack in
support of communities in the path of expected high waters. We’re
working with local governments to protect communities and are monitoring
the increased risk closely.
British Columbians are resilient. We will pull together and meet
these challenges, and our government will be there to protect lives and
to restore homes, businesses and communities.
AMYOTROPHIC LATERAL SCLEROSIS
S. Bond: Imagine losing the ability to walk, talk, eat, swallow and,
eventually, breathe. That is exactly what happens to someone when they
are diagnosed with amyotrophic lateral sclerosis, or ALS. There is no
cure for ALS, and few treatment options for the majority of people
living with the disease. That is why the ALS Society of B.C. is so
important.
[2:00 p.m.]
The mission of the organization is to provide direct support to
ALS patients, along with their families and caregivers, so that people
living with ALS can have the best quality of life possible. I have had
the privilege of seeing the work that is done firsthand, and I’ve heard
the stories of gratitude from families in my community and beyond.
Through fundraising and research, the goal is to make ALS a treatable,
not terminal, disease.
Today we are joined in the gallery by many members of the ALS team
here in British Columbia. Their passion, their hard work and their
dedication is making a difference. To each of them, we express our
sincere thank-you.
June is B.C. ALS Awareness Month. To mark the beginning of the
awareness month, several landmarks will be lit up in purple, including
our Legislature, the Royal B.C. Museum and other locations in the
province. During the month of June, there will be events held throughout
the province to raise funds and awareness, including the Walk for ALS
and the B.C. Golfathon for ALS.
As a regular participant in the Prince George Walk for ALS, I want
to encourage each MLA in the Legislature to consider attending an ALS
event during the month of June. By participating, you will demonstrate
your support for the families in your constituency that are impacted by
this life-changing disease. By walking together, we can help stop ALS in
its tracks.
LYME DISEASE
N. Simons: May is Lyme Disease Awareness Month. In B.C. and across Canada,
thousands of people live with Lyme disease or have a loved one affected
by it. It would be difficult to find a more misunderstood disease than
Lyme. It’s becoming a global epidemic, with an estimated two million new
infections in 2018.
Lyme disease is most commonly spread by the bite of an infected
tick, and climate change is facilitating the spread of these ticks. Lyme
disease is easily misdiagnosed, often going for years without detection
and then becoming completely crippling and sometimes fatal.
It’s often called the great imitator, as its symptoms mimic those
of fibromyalgia, MS, Alzheimer’s, chronic fatigue syndrome and other
psychiatric and cognitive disorders. Doctors are often not given the
proper education to recognize symptoms, and the standard tests don’t
find Lyme because the illness may not have yet dispersed throughout the
body.
The disease should be treated in the early phase. Four weeks of
antibiotics given immediately usually cures it. But when not treated, it
becomes a complex chronic disease generally viewed as untreatable here
in North America.
Some steps are being made. Last year the federal government funded
$4 million for a Lyme disease research network. The Quebec legislature
recently recognized the need for an action plan and has struck a
committee to develop one. B.C. might consider following their lead with
a plan that includes advocates’ and patients’ input, a strong public
awareness campaign, better diagnostic testing and supporting patients
with treatment options.
You’re most likely to come in contact with Lyme disease from May
to September. So as we all migrate to the great outdoors, remember that
ticks live in some of our favourite outdoor places like grassy fields,
the woods, gardens and nature parks. After a hike or a walk in these
areas, check yourself and others. Be tick and bug aware, and protect
yourself and your family.
NOTARIES PUBLIC
J. Yap: Once again, it’s my pleasure to welcome B.C. notaries to the
Legislature today. Each year they make a point of coming to Victoria to
engage with MLAs on both sides of the House, update us on developments
in the industry and share the issues of concern that come up in the
course of their important work.
Indeed, notaries provide many valuable services to the people they
serve in communities across British Columbia. They are unique legal
advisors who provide clients with guidance and support in areas like
land law and assist them with personal planning tools, like wills,
powers of attorney, representation agreements and advance
directives.
In carrying out these duties, notaries have developed a stellar
reputation for providing work of the highest standard. They are
individuals of impeccable character and integrity. They are supported in
that work by the Society of Notaries Public of British Columbia, which
is committed to the advancement and protection of the public interest by
ensuring that those high standards are met. The organization also
provides ongoing educational programs for its members to increase their
skills and knowledge.
Notaries in B.C. not only provide important legal services to
individuals, families and businesses; they also put a high priority on
public service in their local communities. Many of them are very
involved personally in the community, supporting fundraising, social
services, charities, business associations, youth sports and
recreation.
[2:05 p.m.]
I hope all members will join me in warmly welcoming the notaries
here at the Legislature today, thanking them for all that they do. If I
may, Members, when you next meet one, give a notary a hug
today.
Oral Questions
USE OF EMAIL BY ADVANCED EDUCATION
MINISTER AND
RESPONSE TO
FREEDOM-OF-INFORMATION REQUEST
S. Bond: The Minister of Advanced Education was asked through a
freedom-of-information request to produce any and all emails and text
messages she sent in the month of February. The government’s response to
the request was sent on May 10. It reads: “Although a thorough search
was conducted, no records were located.” Well, you can imagine our
surprise when yesterday the minister said the missing records apparently
exist in her Outlook folders.
To the Minister of Advanced Education: why did she fail to provide
the requested records, especially in light of her enthusiastic response
yesterday?
Hon. J. Sims: All ministries are required to adhere to the common records
management policies. How they implement those requirements do vary
slightly between ministries, depending on the culture there. While the
same rules generally apply, each ministry works differently, and
practices and procedures could vary.
However, let me assure everyone in this House that, in most cases,
the office of primary responsibility in all cases tasked with
maintaining minister’s office records is the deputy minister’s office.
All directions and records of decision are provided, either via email to
the deputy’s office; or in writing via documents like decision notes
that document the decisions, options in front of the minister, policy
recommendations, etc.
All of these directions or decisions are communicated in various
ways. In some cases, it may be through email. In some cases, it may be
through signing a note and, in many cases, a staff person sending a note
to the deputy, the issue notes that are considered part and parcel of
the game — for example, a staff person sending a note to the deputy’s
office, approving it on the minister’s behalf.
Interjections.
Mr. Speaker: Members, if we may hear the response.
Hon. J. Sims: Often and many times, it may be a staff person sending a note to
the deputy’s office, approving it on the minister’s behalf. The
direction is then kept appropriately in the deputy minister’s
office.
Mr. Speaker: The member for Prince George–Valemount on a
supplemental.
S. Bond: I’m astounded by the answer from the minister that’s just been
provided, suggesting that each ministry works differently. There are
clear requirements for ministers and ministries, and they better be
consistent. Wow.
Let’s remind the Minister of Advanced Education what she said
yesterday when she was eager to leap to her feet and explain her missing
emails. “You are able to create folders, so I have sent, inbox and
drafts, and I have a whole bunch of drop-down folders.”
The minister said she had been briefed, so she knew she had an
obligation, as does every minister, to produce the records regardless of
their location, but she didn’t — zero records for an entire month in a
minister’s office.
Can this minister explain why she didn’t produce the sent emails?
Where are they, and what does she have to hide?
Hon. J. Sims: I want to thank my colleague for that question. Every ministry
follows the rules that exist for keeping records and government
decisions. Every ministry follows those rules.
[2:10 p.m.]
Despite that, there can always be some variations on exactly who
is placed in charge of those official records. In most of the
ministries, that is in the hands of the deputy minister. The decisions
that are made, the issue notes that are signed and the emails that
confirm a decision or direction go to the deputy minister and are kept
on record, and records can be found.
Mr. Speaker: The member for Prince George–Valemount on a second
supplemental.
S. Bond: Again, to the minister’s response, let’s be clear. The ultimate
responsibility for following the rules and ensuring that if an FOI
request is made, it is followed, lies with the minister. Let’s be clear.
This minister and her staff have a duty to thoroughly search for
records.
The minister went out of her way yesterday to confirm she had a
briefing. Yesterday she acknowledged the existence of records. She told
us they’re in the drop-down folders in her Outlook account. But the
official response was that no records were located.
There are really only two options here. Either it was the minister
herself who didn’t disclose the records, or those were her instructions
to her staff. To the minister, which is it?
Hon. J. Sims: I want to thank my colleague for that question. Each and every
ministry staff are directed and required to adhere to common record
management policies. Those are written down. They have not changed when
the change of government happened. Those same rules are being followed
by the public service.
Directions and decisions are communicated in various ways. In some
cases, it might be through an email from the minister’s staff. For
example, a staff person sending a note to the deputy’s office approves
it on the minister’s behalf. That direction is then kept, appropriately,
in the deputy minister’s office.
We hold ourselves to a high standard. Some recent examples have
fallen short of that standard. Our government and its staff have been
directed to manage records properly, and we will be providing additional
training. We are directing staff to take a cautious approach to ensure
no mistakes are made.
M. Stilwell: Yesterday the Minister of Advanced Education claimed to be an
expert when it came to freedom-of-information rules. In fact, she jumped
to her feet. But today she’s not jumping so fast because apparently she
has something to hide.
Yesterday she said: “I was fully aware and briefed.” Let me read
for you a quote taken directly from our FOI training document: “Search
diligently for any records…. Do not try to play games.” Who is it that’s
playing games with these emails? Is it the minister, or were these the
instructions she gave to her staff?
Hon. J. Sims: I want to thank my colleagues for that question. I’m really quite
pleased that they have such a high level of interest in freedom of
information now that they are sitting on the other side.
Let me make it clear. Ministries’ staff keep records of decisions
made by the government. They follow the recordkeeping practices as
outlined in policies that have not changed since the opposition was in
government. Those rules are being followed. The appropriate holder of
the official records on the decisions is the deputy’s office. That’s
where the records are kept.
[2:15 p.m.]
Mr. Speaker: Parksville-Qualicum on a supplemental.
M. Stilwell: The minister says there’s such a high level of interest from this
side of the House, but given the high level of interest when you were in
opposition, you’d think you’d be getting the rules right
today.
It’s unbelievable that there were zero documents found. Not a
single thing done by the minister in February — it’s not possible. The
training document prepared for the minister is called “Key Tips on FOI.”
It reads: “If public servants ask whether you have records that respond
to an FOI request, search diligently for any records. Do not try to play
games.”
To the minister: what are you hiding in these emails?
Hon. J. Sims: I want to thank my colleague for that question as well. Let me
repeat, I don’t know how many times, in each ministry, our staff do
receive training, and they will get more training to make sure that they
are following the rules that exist for appropriate recordkeeping and
following the rules as laid out in policy and also as confirmed by the
information and privacy officer.
I want to assure my colleagues across the way that records and
decisions of government are being kept. They are being kept in the
deputies’ offices, and appropriate guidelines are being followed. We do
hold ourselves, in light of the past history of the opposition, to a
higher standard. We admit that some recent examples have fallen short of
that standard.
Our government and its staff have been directed to manage records
properly. We will be providing additional training to staff and those
who have records. We are directing staff to take a cautious approach to
ensure no mistakes are made. In a small number of cases where best
practice may not have been followed, we have taken proactive steps to
address it and to comply with the rules.
It is important that rules and best practices are followed and
that decisions are documented. Our government is committed to doing just
that.
SUPPORT FOR DIGITAL TECHNOLOGY
SUPERCLUSTER
INITIATIVE
A. Weaver: In February, B.C.’s economy received a huge boost with the news
that our digital supercluster won over $150 million in federal funding.
The supercluster offers an opportunity to bring together the private
sector and our post-secondary institutions and government to solve
problems and accelerate innovation in key sectors in our province like
health care, forestry and manufacturing. This will help B.C. be more
competitive as we respond to changing global trends.
The supercluster will generate more than $5 billion in GDP growth
and tens of thousands of jobs over the next ten years. It already has
hundreds of millions of dollars in federal funding and private sector
commitments, with over 300 partners. For the province to be able to
participate in this groundbreaking initiative, all we need to do is
contribute $1.5 million per year for five years.
My question to the Minister of Jobs, Trades and Technology is
this. Will this government seize the opportunity before them, make at
least the minimal contribution required and take a seat at the table of
the digital supercluster?
Hon. B. Ralston: I share the Leader of the Third Party’s enthusiasm for the
supercluster proposal. The federal government took the initiative by
creating a fund and having a nationwide competition. British Columbia
put together a consortium, as the member has mentioned, of over 300
companies — institutions, non-profits, start-up companies — led by some
of the biggest companies in the province, and was successful. It has
huge potential to create jobs, economic activity and research here in
the province.
[2:20 p.m.]
Just this week the supercluster group appointed Sue Paish, who
will be known to many people here, as the CEO of the supercluster. The
structure, the governance model, is all being worked out. She was just
hired earlier this week. Once that structure is in place, we will
certainly consider provincial options to support this exciting
initiative.
Mr. Speaker: The Leader of the Third Party on a supplemental.
A. Weaver: The digital supercluster provides a generational opportunity for
this government. Familiar words, actually.
Government can bring the biggest issues B.C. faces to the table,
harnessing the ingenuity of our private sector and our exceptional
post-secondary institutions to find innovative solutions to our most
complex and difficult problems in areas like, for example, health care,
where precision health can enable more effective and targeted treatment
for patients; or in areas like our natural resources and manufacturing
sectors, where partnerships will increase efficiency and productivity,
creating more jobs in rural B.C. and helping us to get better returns
for our products.
My question again is to the Minister of Jobs, Trade and
Technology. Why wouldn’t government do everything in its power to
support this initiative and to make sure that it has a seat at the table
— that it seizes the power of the supercluster to tackle the most
pressing challenges we face today?
Hon. B. Ralston: Indeed, that’s exactly what the government is doing. This
opportunity is a very exciting one. There are some challenges, as Sue
Paish puts together her team, devises a governance structure. There are
some issues about the ownership of IP that will come out of the research
that’s going to be done, the way in which the funds will be divided
among the companies involved.
There are some challenges. I’m convinced that the group is
definitely up to it. We are excited by the opportunities.
As the member mentions, there are huge challenges that we here in
British Columbia can solve. In fact, just today, over across the water
at the tech conference, there’s a group of 3,000 people meeting, talking
about the opportunities presented to all regions of the province, all
citizens of the province, by the promise of the digital transformation
that we’re undergoing.
The supercluster is part of that, and we intend to do our
part in
spurring that group on to success.
USE OF EMAIL BY ADVANCED EDUCATION
MINISTER AND
RESPONSE TO
FREEDOM-OF-INFORMATION REQUEST
P. Milobar: Yesterday the Minister of Advanced Education trotted out a
pathetic excuse about a whole bunch of drop-down folders, and that just
does not pass the smell test. This is yet another minister who broke the
rules and was trying to game the system.
What was the Minister of Advanced Education deliberately hiding in
the documents she is required to produce under the Freedom of
Information Act?
Hon. J. Sims: I want to thank my colleague for that question. As I have repeated
a number of times. and I’m quite happy to talk about it for the rest of
QP as well. let me tell everyone in this chamber that records of
decisions are being kept. They’re being kept in the ministry. Decisions,
whether they are issue notes that have been signed or whether they have
been emails approving decisions, are all kept in the deputy minister’s
office. So those records do exist.
Let me assure everybody across the way that we hold ourselves to a
very high standard, and we won’t take any lessons from the other side.
Our government and our staff have been directed to manage records
appropriately, follow the written guidelines and rules that have been
given to them but also follow the direction we received from the
information and privacy officer.
We are directing staff to take a cautious approach to ensure no
mistakes are made. In a small number of cases where best practices may
not have been followed, we have taken proactive steps to address it and
comply with the rules. We are making sure that there is additional
training being provided.
It is important that rules and best practices are followed for
each and every one of us and that decisions are documented
appropriately. Our government is committed to doing just
that.
[2:25 p.m.]
Mr. Speaker: Kamloops–North Thompson on a supplemental.
P. Milobar: Well, that, quite frankly, is ridiculous. If the records exist,
they should be released. It sounds like they’re being deliberately
withheld, further to FOI rules.
These are the facts. The Minister of Advanced Education was asked,
through a freedom-of-information request, to produce any and all sent
emails. The response back was: “No records were located.” But yesterday
the minister alluded to the records existing in custom folders she
created.
Either the minister is deliberately hiding emails or she has
instructed her staff to hide them. Which is it?
Hon. J. Sims: I really do want to thank my colleague for that question and for
the line of questioning.
The opposition here is deliberately conflating their own
embarrassing history of breaking records management rules with our
government’s policies, which are within the rules and consistent with
best practice.
They were caught breaking the rules by deleting emails after an
FOI request came in. That’s a clear violation of the rules, and it was
wrong. To make things worse, they were triple-deleting to cover their
tracks. That’s also wrong, and that’s why it’s now also against the
rules. Even when someone blew the whistle on both these practices, they
lied about it.
You know, we do hold ourselves to a higher standard. Our
government and our staff have been directed to manage records properly,
and we will be providing additional training to staff to make sure that
that is happening.
We are directing staff and ministers to take a cautious approach
to ensure no mistakes are made. In a small number of cases, where best
practices may not have been followed, we have taken proactive steps to
address it and comply with the rules.
It is important that rules and best practices are followed, and we
are going to make sure of that.
J. Johal: The Minister of Advanced Education has tried to hide her emails
from freedom-of-information requests by creating, in her words, a “whole
bunch of drop-down folders.” Let’s see what the Privacy Commissioner has
to say about this. “Searching for emails…”
Interjections.
Mr. Speaker: Members, if we may hear the question clearly.
J. Johal: “…in a thorough manner includes searching in the inbox, the
sent-items folder and any folders custom-created by the
user.”
The minister is in direct violation of the rules. What is she
hiding?
Hon. J. Sims: As I have said a few times today, and I will say it again,
ministries and ministry staff keep records. When a decision has to be
made, either an issue note is signed…. I’m sure those who were ministers
on the other side will remember those. When a direction has to be given,
an issue note is signed or an email is sent or something is sent to the
deputy minister’s office in writing.
We are not a government of Post-it Notes. We are following the
rules and policies that exist. Records are being kept, and the holders
of those official records are the deputy ministers.
Mr. Speaker: The member for Richmond-Queensborough on a
supplemental.
J. Johal: Just yesterday this minister got up and told all of us on this
side of the House that she was going to teach us how to use Outlook. Now
she refuses to get up. This is what B.C. taxpayers are paying for. It’s
sad, and it’s pathetic — sad and pathetic.
[2:30 p.m.]
What is clear…. The minister and her staff received clear advice
upon taking office: “Do not try to play games.” The guidelines from the
Privacy Commissioner are also explicit. It’s against the rules to use
custom folders to hide documents. The minister knows this, because she
was fully aware and briefed, as she said.
What is in this minister’s emails, and what is she
hiding?
Hon. J. Sims: I will say one thing to my colleague, and thank you for that
question. What I want to say is that all the vim and vigor that’s coming
from the other side because they have a newly found respect for
government records and the need to keep those records…. I will say that
when the opposition was in government, they not only triple-deleted;
they actually made sure that no information could be found, by
triple-deleting.
Right now the practice is that every ministry has a process, and
they follow the rules that exist for keeping records. What happens is
that when a minister has to give direction — either a decision or a
direction for work to be done — issue notes are signed, emails are sent
through the staff, and the deputy minister’s office keeps the records.
Records are being kept. Nothing is being triple-deleted.
I will tell you that we as a government are committed to the
highest of standards, and it’s because of that that we are placing
additional training for staff and for ministers to make sure and take
all the extra precautions, because we know how important it is for
official records to be kept and that rules are followed. Rules are being
followed, and we will continue to do so.
M. de Jong: It’s quite a spectacle. Yesterday the Minister for Advanced
Education was positively glib. She was dismissive. She ridiculed the
opposition. She described herself as an expert in this process. She was
very forthcoming about the fact that there were email records, but she
had….
Interjections.
Mr. Speaker: Members, if we may hear the question.
M. de Jong: But she had very cleverly placed them in folders, folder drop
boxes that weren’t accessed and weren’t provided in response to the
request, the lawful request that was made for those records. Here the
minister, confronted by the fact that she is in violation of the
guidelines, the rules and the law, refuses to be answerable, refuses to
be accountable.
If she wishes to be taken seriously as a minister of the Crown, I
ask her now, today, here, to stand up and confirm for the House that she
has reviewed the emails that she hid and that she will be releasing them
forthwith so that people can see what she was hiding.
Hon. J. Sims: I want to thank my colleague across the way for his question. Let
me assure my colleague, as I have assured other colleagues who have
stood up, that all ministries are required to follow the rules, policies
and guidelines that exist for appropriate recordkeeping. That happens
according to the rules, which have not changed since that side sat in
government, and records of decisions are kept in the deputy minister’s
office.
Mr. Speaker: The member for Abbotsford West on a supplemental.
[2:35 p.m.]
M. de Jong: I hope the Minister of Citizens’ Services won’t be offended by
this, but the opposition takes very little comfort from her assurances,
given her own record of the past with respect to adhering to the
guidelines that she is responsible for enforcing.
This represents a tool for communication, the email
system…
Interjections.
Mr. Speaker: Members, we shall hear the question.
M. de Jong: …and ministers and their staff may choose to avail themselves of
the use of that tool to the extent that they wish to. But if they do
choose to avail themselves of the use of that tool, they have an
obligation to do so according to the rules and to provide records when
they are asked for.
This minister not only hasn’t done that; she stood in this House
yesterday and acknowledged that she’s hidden records in drop boxes and
folders. And today she refuses to be answerable for the very admission
that she made yesterday. It’s time….
Being a minister is hard work. I’m the first to admit it. But it
comes with a code of accountability. If this minister wants to be taken
seriously, she’ll stand up in the House today and answer for why she has
hidden records that should have been released to the opposition under
FOI rules.
Hon. M. Farnworth: Once again we see games-playing on the other side. We see the
twisting by a party in opposition who, during the entire time in
government, did not follow the rules around freedom of information, who
have stood in this House for the last 30 minutes and twisted the words
of the minister that she said yesterday, accusing her of things that she
did no such thing and made that clear yesterday.
They have stood up and deliberately twisted the way in which
records are kept when they know full well that if they want the records,
they’re kept in the deputy minister’s office. That was the way when they
were in government, and that’s still the rules today. Nothing has
changed. What is sad and pathetic is that once again they have
demonstrated that they have learned nothing from the last 16 years, and
that’s why they’re sitting over there and deserve to be over
there.
[End of question period.]
Point of Privilege
(Reservation of Right)
Hon. M. Mark: I reserve the right to rise on a point of personal
privilege.
Mr. Speaker: Thank you.
Hon. M. Farnworth: I seek leave to move a motion to refer four statutes to the Select
Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders
and Private Bills.
Leave granted.
Motions Without Notice
REFERRAL OF STATUTES TO
PARLIAMENTARY REFORM
COMMITTEE
Hon. M. Farnworth: By leave, I move:
[The revision of the following statutes be presented to the Select
Standing Committee on Parliamentary Reform, Ethical Conduct, Standing
Orders and Private Bills for examination and recommendation pursuant to
the Statute Revision Act [RSBC 1996]
Chapter 440:
• Health Act [RSBC 1996]
Chapter
179 ;
• Veterinary Drugs Act [RSBC 1996]
Chapter
363 ;
• Trespass Act [RSBC 1996]
Chapter 462 ;
and
• Workers Compensation Act [RSBC 1996]
Chapter
492 .
In addition to the powers previously conferred upon the Select
Standing Committee on Parliamentary Reform, Ethical Conduct, Standing
Orders and Private Bills by the Legislative Assembly, the Committee is
empowered:
(
a) to appoint of their number, one or more subcommittees
and to refer to such subcommittees any of the matters referred to the
Committee;
(
b) to sit during a period in which the House is adjourned,
during the recess after prorogation until the next following Session and
during any sitting of the House;
(
c) to adjourn from place to place as may be convenient;
and
(
d) to retain such personnel as required to assist the
Committee;
and shall report to the House as soon as possible, or following any
adjournment, or at the next following Session, as the case may be; to
deposit the original of its reports with the Clerk of the Legislative
Assembly during a period of adjournment and upon resumption of the
sittings of the House, the Chair shall present all reports to the
Legislative Assembly.]
Motion approved.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued committee debate on Bill 30; in
Committee A, the Douglas Fir Room, I call the estimates of the Ministry of
Finance; and in
Section C, the Birch Room, the estimates of the Ministry of
Tourism, Arts and Culture.
[2:40 p.m.]
Committee of the Whole House
BILL 30 — CANNABIS CONTROL
AND
LICENSING ACT
(continued)
The House in Committee of the Whole (Section
B) on Bill 30; R.
Chouhan in the chair.
The committee met at 2:43 p.m.
Section 11 approved.
section 12.
M. Morris: With respect to sub 12(2), it says: “The general manager may
disclose information obtained under this Act, other than personal
information, if the general manager considers that disclosure is
necessary to protect public health or public safety.” And he can do
that, in the following subsection, without the consent of the
individual. Can he give me an example of what kind of information that
might pertain to?
Hon. M. Farnworth: Product recalls, for example, would be an example of
that.
Sections 12 and 13 approved.
section 14.
M. Morris:
Section 14(h). Basically, it says: “A person must not possess
cannabis unless one or more of the following apply…(
h) the cannabis was
lawfully purchased from a location outside British Columbia, the
cannabis has been brought into British Columbia and the amount of such
cannabis in the person’s possession is not more than the amount
prescribed for the purposes of this paragraph.”
[2:45 p.m.]
I’m just wondering where the burden of proof is. If he’s in
possession of this cannabis, how does he prove that it’s legal
cannabis?
Hon. M. Farnworth: It would be through either a sales record or receipts or proper
packaging. If you’re in a vehicle, for example, the rules require that
your cannabis be in proper packaging. So all of those things would be
used.
M. Morris: That takes me to sub (i): “the cannabis is a cannabis plant that
is growing or has been grown in accordance with
section 56 or was
produced from such a plant.” Again I ask: how do you prove
that?
Hon. M. Farnworth: This is intended to deal with an individual who has the four
plants and has grown them for their own personal use. It is and,
practically speaking, would be very difficult to prove that it came from
somewhere else. But the reality with this is you would be….
The 30-gram limit would be, in essence, the control measure,
because if you had more than 30 grams in your possession, then,
obviously, you’ve got an offence. But this is intended for the
individual who’s grown the four plants and has grown them for their own
use, and they’re able to have the 30 grams in their own
possession.
M. Morris: Thank you for that. Again, the little senses go out in me from an
enforcement perspective. This is an opportunity — even though it’s a
small amount, 30 grams; maybe it might be 35 grams next time or whatever
— to inject some illegal cannabis into the system, if you look at all
the recreational cannabis users there. Has there been any thought given
to tightening that particular
section up to prevent that from
happening?
Hon. M. Farnworth: I would say not beyond those that I just outlined a moment ago —
the 30 grams, the packaging and all of those issues. Again, this is in
terms of the general application in terms of possession, but if the
member does have ideas or thoughts, we are certainly open to them by
policy.
This is an issue that, in essence, all the provinces are having to
deal with, and they’re dealing with it in a very similar manner to what
we’re doing in B.C.
Section 14 approved.
section 15.
M. Morris: I’ve got an amendment that I’d like to introduce. I’ve got copies
here. I’d like to move the following amendment on
section 15.
[2:50 p.m.]
I’d like to amend
section 15 by adding the underlined text as
shown on the amendment I’ve just handed out.
SECTION 15
by adding the underlined text as shown:
15.1 A person must not sell cannabis within
300 metres of a school or community centre. ]
On the amendment.
M. Morris: The reason I put that in there is that this is an important
section: “A person must not sell cannabis unless one or more of the
following…” is applicable.
One of the weaknesses, in my view, with the legislation surrounds
the protecting of our youth from the impact of retail cannabis. Having
minimum distances where these retail outlets can be located, I think,
helps at the end of the day in limiting the availability of retail
cannabis to youth — particularly those that are going to high school,
those that are associated to or attending our school institutions
throughout the province here.
This is something that I think is reasonable and probably…. I’ve
seen many municipalities — Vancouver is one of these municipalities —
that have very similar kinds of provisions within their bylaws as well.
So I think that the province should take a lead role in this.
Hon. M. Farnworth: I appreciate the member’s intent with this motion. Under this
legislation, and under the policies that we’ve had in place, this issue
is one that is in the purview of local government. Many municipalities
have already been in touch with us that they have the ability to
determine the distance. Whether it’s zoning, distance from schools or
distance from community centres, a number of municipalities have already
indicated to me that they’re looking at a distance even greater than
that.
Therefore, I would say that I can’t support this amendment — not
because I don’t think the intent is a good one. Rather, local government
has that authority, and in terms of dealing with these applications,
it’s part of their zoning process, their approval process. Everything
I’ve heard from local government to date indicates that they are every
bit as concerned about the issue of location in relation to schools and
community centres as that member is and that I have also indicated
publicly.
That’s why I would not support this particular amendment. It’s not
that I don’t share the member’s concern, but I think local government is
well equipped, and I indicated that they will be dealing with this issue
in their zoning processes, in their approval application
process.
The Chair: Member, before we allow the member to make any further
comments, we’ll wait till the member for Saanich North and the
Islands gets a copy of the amendment so that if he has any comments,
then he can look at it. Let’s wait for that.
While the member for Saanich North and the Islands is looking
at the amendment, maybe the member for Prince George–Mackenzie has
further comments.
[2:55 p.m.]
M. Morris: Thank you, Chair. I appreciate that. I did have an extra copy; it
just was on my desk. I apologize for that.
I just feel that it sends a strong message out. It indicates that
the province is very serious about this. You know, we’re not only
looking at…. We have a number of small communities throughout the
province here, as well as the larger ones in urban B.C. We have rural
areas, as well, that have rural schools situated.
I think maintaining a minimum standard here, to set the bar at a
certain level, sends a pretty strong message out, notwithstanding the
fact that municipal government officials have contacted the minister and
advised him on what their intentions are. Again, this is just another
strengthening of one of the greatest concerns that we have here. Access
to youth, I think, needs to be paramount.
A. Olsen: I would like to reiterate something which the B.C. Green caucus
has identified to our colleagues in the opposition. While this is a
seemingly simple amendment, the opportunity to have the discussion, the
awareness of them…. This has certainly not been a surprise. We’d like to
reiterate the opportunity that the official opposition has to have these
discussions about these kinds of amendments with us in advance so that
we have the opportunity and the benefit to be able to review
them.
At this stage, I think the Solicitor General, the minister
responsible, has identified, with respect to local governments, the
decision-making of local governments to be able to define the kind of
composition and community that they are going to have. I think that this
bill is quite strong, both on the clarity with respect to minors
possessing cannabis products as well as the offences that are in place
for those that would sell to cannabis products to a minor.
With that, I think that it’s not an amendment that we’re going to
support. But again, I think that the spirit of the bill does really
clearly articulate that it is not supported in any way to be producing
or supplying cannabis to a minor. With that, I’ll take my
seat.
Amendment negatived.
Sections 15 to 18 inclusive approved.
section 19.
M. Morris:
Section 19: “A person who brings cannabis into British Columbia or
who receives cannabis that was sent to them from outside British
Columbia must within the prescribed time provide the prescribed
information to the prescribed person in a form and manner satisfactory
to that prescribed person.”
Prescribed, prescribed, prescribed…. I understand a lot of that is
waiting for the federal bill to be passed.
What time are we looking at here? The minister…. Obviously his
staff has looked at this. We’ll be bringing this in…. This is a little
bit confusing here. If I could get some clarification around
it.
[3:00 p.m.]
Hon. M. Farnworth: The member is correct. This does anticipate the federal level, the
federal legislation. Once that is in place and we do know exactly all
the details, we do intend to move quickly on this section. It is
intended, at this point in time, to deal very much with people who are
producing outside of the province, common carriers who would be
transporting product from outside of the province. That’s why this
section is here, and it’s dependent, in part, on the federal
legislation.
Section 19 approved.
section 20.
M. Morris: Sub 20(2) says: “Unless the regulations provide otherwise and
subject to subsection….” My copy ends there. I don’t know whether I’ve
got a faulty copy or whether there was a misprint there.
Interjection.
M. Morris: Subsection (3). Okay. For some reason, it didn’t show up there.
Thank you.
Sections 20 and 21 approved.
section 22.
M. Morris: On the application under this part for licences, an application
under this part must have a bunch of information in there. But under sub
(1)(d), “include other information and records that the general manager
considers relevant to the application or that class of application,”
would that include information about previous dispensaries?
Hon. M. Farnworth: Yes, it could.
Section 22 approved.
section 23.
M. Morris: “Fit and proper determination powers.” Under section (4): “Without
limiting another power of the general manager under this Act to make
inquiries and conduct investigations, when the general manager is
determining if a licensee or an applicant is fit and proper, the general
manager may make inquiries and conduct investigations that the general
manager considers necessary, including, without limitation, background
investigations and prescribed checks, in respect of (
a) the licensee or
applicant, (
b) an associate of the licensee or applicant, or (
c) a
person having a connection to that associate.”
I’m just curious as to what infrastructure is in place to allow
the general manager to do this. This is going to take a lot of resources
and a lot of coordination, particularly at the outset, once this is
proclaimed and we have these applications coming forward. What does that
look like?
Hon. M. Farnworth: There is an expertise in the LCLB which will be utilized. But more
importantly, because these will be extensive background checks, we will
be using the expertise in the security programs branch within the
ministry.
Sections 23 to 25 inclusive approved.
section 26.
[3:05 p.m.]
M. Morris: Just to be clear, in this
section here, “Mandatory requirements,”
in sub 26(3): “For the purposes of subsection (2) (c), the applicant
must (
a) be the owner of the establishment or proposed establishment, or
(
b) have an arrangement that the general manager determines (
i) gives
the applicant a degree of control over the establishment or proposed
establishment….”
I’m wondering how this reflects…. I’m assuming that there’ll be a
number of applications coming in for multiple locations — for one
applicant to have, perhaps, a chain of stores. Do the mandatory
requirements to have that hands-on control…? How does that apply to one
single application who intends to have several stores?
Hon. M. Farnworth: Each store would have to have a separate application. You’re not
going to be able to come in and go: “I want to apply and have seven
stores.” You’re going to have to go in. Each one will have to have a
separate application. You will either have to have complete ownership of
each application, or you will have to have, if it’s a lease arrangement,
control over that lease arrangement.
M. Morris: Sub 26(4)(a): “a person who has arranged, or agreed to arrange,
with another person to sell the cannabis of a federal producer to the
exclusion of the cannabis of another federal producer.” It gets into
what they can sell and what they can’t.
I know all of the cannabis will be distributed through a central
retailer. Does the cannabis retailer have the option to just sell one
product from the cannabis distribution centre, or would they be
obligated to sell all the products that are in the cannabis distribution
centre?
Hon. M. Farnworth: This
section is intended to prevent market domination by one
producer, for example. But you, as a retailer, would be able to choose
what products from the cannabis distribution branch you wanted to
retail.
M. Morris: I was just handed another amendment I’d like to introduce for
section 26 here. I’ll give time for it to be circulated and read. It’s
just right at the very end of that section.
[3:10 p.m.]
I’d like to move the following amendment on
section 26 by adding
the underlined text that’s shown on the document, sub 26(5):
SECTION 26 by adding the underlined text as
shown:
(1) The general manager must not issue,
renew, transfer or amend a licence if, in the general manager’s opinion,
it would be contrary to the public interest.
(2) Without limiting subsection (1), the general manager must not
issue, renew, transfer or amend a licence if one or more of the
following apply:
(
a) the applicant is not an individual, partnership, corporation
or Indigenous nation;
(
b) the applicant is a minor;
(
c) subject to the regulations exempting a class of licence from
this paragraph, the applicant does not meet the ownership or control
requirements set out in subsection (3) for the establishment or proposed
establishment;
(
d) the establishment or proposed establishment, or equipment or
facilities in respect of which the licence is proposed to be issued or
has been issued, does not comply with this Act, the regulations or the
(
e) in the general manager’s opinion, the applicant is not fit
and proper;
(
f) any prescribed criteria are not met.
(3) For the purposes of subsection (2) (c), the applicant
must
(
a) be the owner of the establishment or proposed establishment,
(
b) have an arrangement that the general manager
determines
(
i) gives the applicant a degree of control over the
establishment or proposed establishment that will allow the applicant to
comply with the requirements relating to establishments set out in this
and
(ii) is of a satisfactory duration.
(4) Without limiting subsection (1), the general manager must not
issue, renew, transfer or amend a licence, other than a licence of a
prescribed class, to or for
(
a) a person who has arranged, or agreed to arrange, with
another person to sell the cannabis of a federal producer to the
exclusion of the cannabis of another federal producer,
(
b) a federal producer or the federal producer’s agent,
(
c) a person who is so associated with, connected with or
financially interested in a federal producer or federal producer’s agent
that the person is, in the opinion of the general manager, likely to
promote the sale of cannabis of the federal producer.
(5) Without limiting subsection (1), the general manager must
not issue, renew, transfer or amend a licence for [three] years
after the coming into force of this Act to an applicant who has
illegally produced or sold cannabis in the previous four years,
including those who have owned or operated a cannabis retailer where
cannabis has been illegally sold. ]
On the amendment.
M. Morris: The reason I have that in there is that the infiltration of
organized crime into the cannabis market right across Canada — and right
across North America, quite frankly — is quite prolific. I think this
gives an opportunity for those that have been illegally distributing
cannabis to prove, themselves, that they’re not involved in organized
crime and that they maintain a legal, lawful lifestyle for a period of
time prior to them applying for a licence to get back into the retail
business of selling cannabis in British Columbia.
Hon. M. Farnworth: I appreciate the member’s amendment and the issue that he’s
bringing forward. This amendment is around organized crime and illegal
crime, and that is one of the key goals around the federal government’s
decision to legalize cannabis but also the framework with which we, in
the province, are operating and which we have said is one of the key
priorities for us.
That’s one of the reasons why when we’ve looked at what’s been
taking place in British Columbia in how best to go about reducing the
role of organized crime, we have said that an individual with an
existing retail operation is not precluded from applying for a licence,
but they are not going to be grandfathered.
They do not get any special consideration. They have to go through
the same hoops as everybody else. In fact, they have to go through a
background check, and it will be an extensive background check that
looks at all aspects of who the applicant is and what it is they intend
to do. If they are able to get through that background check, then, if a
municipality deems that they’re fine with it, from their perspective,
they pass a background check. Then and only then would they get a
licence to be able to operate.
Municipalities have already made it clear that there are existing
“dispensaries” where they have not approved the location, who have not
complied with bylaws or with local government instructions. They’ve made
it clear that they will not be getting local government approval.
Therefore, they will be illegal, and they will have to close.
Local governments have said, though, that there have been those
where they have given local approval, who have complied with all of
their requirements — their licensing procedures and the fees for those
licences, which are significant — and feel that they should be able to
apply. We’ve said yes, they can apply, but there’s no grandfathering, no
guarantee.
[3:15 p.m.]
I think that the strengths in this legislation will be able to
deal with the issue and the concerns the member has raised around
organized crime, which I share. This
section has been developed with
considerable consultation around it at the local government level, with
law enforcement and within the surveys that we have done with the
public. So we’re confident that the section, as it is, will do the job
that we want it to do.
A. Olsen: In reading this amendment, I would just suggest that…. From my
initial read and having not a lot of time to think about the
ramifications of this, it appears to me that the first part of this….
Sorry, I’ll start with the last part. The second part of this:
“…retailer where cannabis has been illegally sold.” That might be
somewhat easy for us and for the general manager to be able to
determine. There are some very public locations, and perhaps we’d be
able to identify those people.
The first part of this: “…illegally produced or sold….” I think
there are also some challenges to this to understand. These people are
going to have to self-identify or something — yes, as they’re in the
application process. I’m not sure…. There have been some concerns that
have been raised by the official opposition, by the critic, about the
cost that’s going in. I can imagine that this would increase the cost of
that.
I won’t repeat what the minister said, but I will echo that there
are very strong aspects of this bill already that recognize that there
has been a certain amount of activity either at the production or at the
sale level and that the choice in this bill is not to necessarily pass
judgment or to exclude but, rather, to say: “You’re going to have to go
through the process with everybody else, and it will be up to,
ultimately, the authority to determine whether or not you get a
licence.”
I feel that there are some big unknowns here in being able to
quantify what this means to the process and will not be supporting the
amendment.
M. Morris: Just a couple more comments on that. The illegal trafficking that
has been taking place over the past number of years through these
dispensaries — it’s what they’re termed these days — indicates to me
that the individuals that operate those and have produced the product
for those dispensaries have been flaunting the law. They’ve been
operating outside of the law. To me, that’s a red flag that that
surfaces. Somebody that doesn’t really care what the law says is going
to do it anyways. Past behaviour is an indication of what future
behaviour might look like.
The other concern that I have is the fact that individuals that
have been involved in these illegal dispensaries the past number of
years have connections with producers that are producing illegal product
in Canada and British Columbia and might have a propensity to maintain a
relationship and to maintain their supply from that.
Those are just some of the concerns I have. I think that this
strengthens this legislation so that we ensure that we only have
operators in there that are guaranteed and that have a proven history of
obeying the law.
A. Olsen: In hearing the member speak, I don’t know that this actually
ensures anything, to be honest with you. I think that it is more
language and another point, but I don’t know that it actually ensures
anything.
I think that there has been…. The member speaks quite strongly
about illegal behaviour at dispensaries and the ability for people to
access for medical. Certainly, there has been, perhaps, a stretching of
the law. But these have been operating, and there has been a test within
our society. I don’t know that we can ignore that. I don’t know that we
can….
I mean, if it was as cut and dry, as black and white, as the
member of the official opposition had said, then the RCMP and police
forces would have a much clearer approach to this. I think that what
we’ve seen in our cities is that the police forces and the court system
are not quite as black and white as the member would like us to
believe.
[3:20 p.m.]
Part of the reason why we are having this discussion right now,
why the federal government campaigned on this in the last election and
why we are discussing and debating this is because it’s not as black and
white, and it has not been as black and white, as the member continues
to stand up and make this appear to be black and white.
For me, to suggest that this is going to ensure something…. I
don’t think it does. I think the only thing that it ensures is…. It
ensures an increased amount of unknowns for the general manager, who
already has a significant number of unknowns to be dealing
with.
Amendment negatived.
Sections 26 to 30 inclusive approved.
section 31.
licences but not to a class of licence.” Again, one or more licences
under one individual or under the control of one individual.
Hon. M. Farnworth: I thank the member for the question. It could be specific terms
and conditions that apply to a licence holder who has a number of
licences, or it could also apply to a number of licences held by a
number of different owners but not applying to the class as a
whole.
Section 31 approved.
section 32.
M. Morris: Sub 32(1)(d): “advertising and branding, including the use of
words, phrases, designs,” etc. It says, “or other branding elements…that
could indicate that the licensee is associated with the government or is
exercising a function of the government, is associated with another
business,” or sells medical marijuana. I’m just wondering. That sort of
insinuates that a licensee can sell both recreational marijuana and
medical marijuana. Why would that last subsection be in
there?
Hon. M. Farnworth: I thank the member for the question. This
section deals with…. You
can’t use the word “pharmacy.” You can’t use the term “dispensary.” You
can’t do “pharmacy” with an “f” or a phonetic pharmacy or dispensary.
That’s what this deals with.
Sections 32 and 33 approved.
section 34.
M. Morris:
Section 34(1): “Despite
section 154 (2)…of the Community
Charter , a council as defined in that Act may delegate its
powers and duties under
section 33….” So it may delegate its duties
under this section. Is that to a consultant? Could that be just to
anybody, or what’s meant here?
[3:25 p.m.]
Hon. M. Farnworth: They would have the ability to, similar to what is in the Liquor
Control Act that was put in place in 2015…. It could be that council
could delegate to the chief administrative officer, for example, and
let’s say, in fact, in this election year, some municipalities may well
choose to do that.
Sections 34 to 37 inclusive approved.
section 38.
M. Morris: It’s a long section. I should have looked ahead in my notes
here.
Just looking forward to 38(11)…. So there’s “A monetary penalty
imposed,” and it “must be paid within 30 days”. What recourse does the
manager have if it’s not? I think that it might be explained further in
the act, but I’m just wondering. If it’s not paid within 30 days, what
recourse do we have?
Hon. M. Farnworth: There are debt collection provisions later on in the
act.
Sections 38 to 40 inclusive approved.
section 41.
M. Morris: This relationship between actions of a general manager and the
offences…. Just a little bit of clarification, if I could.
If the licensee has received a monetary penalty for illegally
selling a product that’s not grown under federal regulation or whatever
the case may be, can he also be charged with an offence? If he’s
received a monetary penalty for one thing, can he be charged with an
offence for one of the other provisions under the act as
well?
Hon. M. Farnworth: There are specific offences set out with administrative penalties
against them, so it could be a case of either-or. So if there was an
offence and you ended up having been dealt the administrative penalty,
you would not be charged for that offence. That being said, if there
were other offences, you most certainly could be charged for those other
offences.
[3:30 p.m.]
M. Morris: If a monetary penalty is administered…. The individual has been
found to be not in compliance with two or three different items or
different provisions. A monetary provision is provided. Is there still
an opportunity to charge for an offence under one of those areas that
he’s paid a monetary penalty on?
[L. Reid in the chair.]
Hon. M. Farnworth: If an administrative penalty is imposed, you wouldn’t face a
charge for the contravention. But if there were other areas, other
contraventions that weren’t covered by administrative penalty, you most
certainly could be charged.
Sections 41 to 45 inclusive approved.
section 46.
M. Morris:
Section 46(3): “A former licensee must maintain records required
to be maintained under the licence for 6 months after the former
licensee’s licence expires or is cancelled.” I am curious as to why the
six months and perhaps not a one-year period or two years.
Hon. M. Farnworth: The six months is consistent with the Liquor Control and Licensing
Act.
M. Morris: The conditions around licensing under the cannabis act are a
little bit different circumstances, I think, perhaps a little more
serious than under the liquor act. I’m just wondering if there has
been…. I’ve seen a lot of similarities between the two pieces of
legislation, but because of the differences, I suppose, in cannabis
versus alcohol, I’m just wondering whether the minister would ever
consider or has considered extending that period to 12 months. You know,
the investigations sometimes take a long period of time, and if the
records disappear, particularly as we’re starting off in this process,
where we’ve got a number of people applying for licences, I think it
might be prudent to look at a longer period of time.
[3:35 p.m.]
Hon. M. Farnworth: I’ll make a couple of points. One, this is in alignment with the
Liquor Control and Licensing Act. Two, if the manager…. Or if there is
an investigation, they have the ability to say, “We want the records
now,” and they’d have to be produced. But I also think the member has a
point, and I’m prepared to look at this issue down the road. We’ll take
a look at it.
Sections 46 to 51 inclusive approved.
section 52.
M. Morris: Just so I get it clear in my mind here, 52(1): “Subject to
subsections (2) and (3), an adult must not possess in a public place an
amount of cannabis that is more than (a) 30 g of dried cannabis, or (
b) an amount of cannabis that is equivalent, as determined in accordance
with the regulations, to 30 g of dried cannabis. (2) Subsection (1) does
not apply to an adult if (
a) the cannabis the adult possesses is medical
cannabis, (
b) the adult is carrying the prescribed proof…(
c) the amount
of medical cannabis the adult possesses is not more than the amount
permitted under the Cannabis Act….”
Can an adult be in possession of both? Can he have medical
marijuana, and can he also be in possession of 30 grams of recreational
cannabis?
Hon. M. Farnworth: Not that plus 30 grams. So you can have what you’re allowed to
have for medical, but then you can’t have an additional 30 grams above
that.
M. Morris: Okay. I appreciate that. But subsection (3) also talks about how:
“Subsection (1) does not apply to cannabis that is a cannabis plant.” My
question is…. If the plant has got buds on it, it’s probably ready to be
harvested. How does that apply to this as well?
Hon. M. Farnworth: The next
section actually deals with that. What this
section says
is you can’t be walking down the street with a flowering or budding
plant.
Sections 52 and 53 approved.
section 54.
M. Morris: Again, the maximum allowable amount of cannabis, a couple of
things in here: “
(2) This
section does not apply to cannabis that is a
cannabis plant.
(3) A person must not possess at one location an amount
of cannabis that is more than the maximum allowable…of cannabis” — which
I’m understanding is 30 grams; and: “
(4) If 2 or more persons occupy the
same location and there is an amount of cannabis at the location that is
more than the maximum allowable…each person is deemed to have
contravened subsection (3).”
Have we determined the amount of dried…? This often refers to the
plants that you are growing at home, so the amount of dried cannabis
harvested from the plant. If we have a large plant, four plants that
we’ve harvested from, I think they’re going to, obviously, produce more
than 30 grams, or they could. How does this reflect the maximum
possession limit allowed? It seems to me that this is going to allow
more than the 30 grams.
[3:40 p.m.]
Hon. M. Farnworth: A couple of points on this particular section. This deals with the
indoor cultivation of cannabis with the maximum four plants that you are
allowed. It applies to the amount that you would reasonably harvest, or
harvest off four plants, dried. What you have in your home is what you
have in your home. But when you’re outside in public, you would only be
able to have 30 grams in your possession. If there are four people
living in the house, it still only means that you could have four
plants.
In terms of what would be reasonable off four plants, that is
going to be prescribed by regulation. That is something that more work
will be done on as we develop the regulations around that.
M. Morris: I guess what this appears to me is…. An individual can grow these
fabulous four plants at home and harvest them but had just come back
from the retail store with his 30 grams that he got in there, as well. A
day later, he says, “I guess my plants are ready for harvesting now,” so
he can harvest them. Is this
section allowing that individual to have
whatever the prescribed amount is going to be from the four plants as
well as the 30 grams from a retail outlet?
Hon. M. Farnworth: It will be the prescribed amount; it will not be the prescribed
amount plus 30 grams. So whatever the prescribed amount is from the four
plants that you have in your home, that’s what you can have. You can’t
do that and then say: “Oh, I want to add another 30 grams.”
M. Morris: Just one more clarification on this section, and then my colleague
from Richmond will have a question.
In respect to the definition, “‘location,’ in respect of a person,
means a place, other than a public place, that the person occupies as a
residence or workplace or for any other reason.” I’m just wondering — I
might be stretching it here: when we have cubicles in an industrial
plant, or where we’ve got a piece of heavy equipment that’s working out
in the bush that is not a vehicle, where the operator might be sitting
inside the machine, can he be legally in possession of this kind of a
substance?
Hon. M. Farnworth: That would be a workplace issue, in a sense, if you’re in a piece
of heavy equipment. But this is also about possession, which is separate
from workplace use and impairment.
[3:45 p.m.]
M. Morris: Just one more stretch question on this, I guess. According to this
section, they can have possession of up to 30 grams in a location, a
workplace. The definition of “location” in respect of a person means “a
place, other than a public place, that the person occupies as a
residence or workplace or for any other reason.” So a person must not
possess at any one location “an amount of cannabis that is more than the
maximum allowable amount of cannabis” — the 30 grams.
I’m just wondering. If we have an employer that wants to take one
of his employees to task, I think there might be a policy saying that we
don’t want cannabis on the premises here. Will this legislation
typically allow them to have that?
Hon. M. Farnworth: This legislation would not override a workplace policy in regard
to possession.
Sections 54 and 55 approved.
section 56.
T. Wat: Before I raise a question to the minister relating to this
section, I would like to take this opportunity to clarify the
misunderstanding the minister might have, based on my comments in this
House on Monday. The minister seemed to think that the remarks about
minors in response to the second reading of Bill 30 were my position. In
fact, I’m doing my duty as an MLA for Richmond North Centre relating the
concerns of some of the constituents and Richmond city
councillors.
In my statement, I was referring to the city of Richmond’s main
concern that minors between the ages of 12 and 18 can possess up to five
grams of cannabis. This was in fact stated by Richmond city councillor
Chak Au. If the minister remembers, he was the NDP candidate running
with the minister’s political party in the 2017 election. So I take this
opportunity to put on record that I was relating the concern of my
city’s residents and councillor to the minister.
My question to the minister on
section 56. This bill would not
prevent someone who has been convicted of child neglect from growing
cannabis in a household where children reside. Of course, we respect
parental rights and the family unit. But that does not mean government
should allow children to have access to cannabis in their homes where a
parent has been, very unfortunately, found to be a neglectful parent in
the eyes of the law, which is quite a high standard. I would like to
hear the minister’s comment on that.
Hon. M. Farnworth: The law does not deal with this issue on a whole range of commonly
found items within a household. That can range from medications to
alcohol to tobacco to exotic pets to other plants. I mean, there are
many plants, for example…. A common one that I can think of is at
Christmas, the giving of a poinsettia. The poinsettia is
poisonous.
[3:50 p.m.]
Many household plants are poisonous. The law does not discriminate
in that regard, and therefore, what the law does expect and what is
expected is that parents take precautions and are responsible in terms
of how potential hazards in their home are dealt with. In that sense,
cannabis is no different in that regard. That’s why there’s not a
special provision that deals with the point that you are raising. There
is an expectation that parents assume proper parental
responsibility.
T. Wat: Thank you to the minister for the explanation.
Personally, I do think that cannabis — marijuana — is different
from the Christmas plant that the minister is referring to. If somebody
is growing cannabis, he must have the intention of consuming the
cannabis. In this case, it’s different.
I’m talking about parents who have been found to be neglectful
towards their children. I’m concerned about children whose parents have
been found by law to be neglectful, and he’s consuming the marijuana
that he grows in his house. He might attempt to use the marijuana
together with the children. That’s where my concern is.
Hon. M. Farnworth: I’d also make the following observation, and I understand the
point the member is raising. This legislation does not deal with that.
However, other existing legislation does deal with that, and that would
be the child welfare legislation, which is around the care and neglect
of children. There are provisions in that act that would be able to deal
with parents who are being neglectful of children around whatever,
whether it be cannabis or whether it be something else.
T. Wat: Can I assume that the other children and the act that you’re
referring to will be dealing with the situation that I’m talking about,
Minister? I just want confirmation of that.
Hon. M. Farnworth: If, for example, a court felt that a child was at risk because of
with that issue.
M. Morris:
Section 56(f): “the cannabis plant is not from a seed or plant
material that the adult knows is illicit cannabis.” How would that be
determined? Is government intending to…? I know the federal government
is talking about tracking things from seed to sale. When a homeowner
wants to plant his four plants, he goes to a cannabis retailer and buys
four seeds, and they’re registered. Or is there some tracking system
that’s in place for the homeowner to produce a document if he’s ever
questioned?
[3:55 p.m.]
Hon. M. Farnworth: The reality is that that is going to be very difficult. There is
no seed-to-sale tracking after you have purchased your seeds.
You can have up to 30 seeds in your possession. I know there’s
misinformation out there that you can only have four seeds, but you can
have up to 30 seeds, which, as we talked about earlier, is the
equivalent under the federal legislation.
The reality is, of course, that’s very difficult to deal with. But
this
section is there because there may well be those occasions where an
investigation may, in fact, find that someone may have been selling
illegal seeds. There are records, and they say that. That may well be a
situation. But most people, I expect, will be wanting to abide by the
law, and they will be able to purchase legal seeds through a
distribution branch and a retail outlet.
M. Morris: I’m just going to push that one a little bit more. Just wondering
if the minister is privy as to what the federal legislation might look
like. They have said many, many times that they will be tracking things
from seed to sale. I’m curious how they’re going to do that. We’ve got
analysts involved that we spoke about in the previous days on
this.
But if a person goes to a retail outlet in British Columbia and
buys a package of seed, is there documentation for that that individual
would have in his or her hands to produce to authorities if they’re ever
challenged on that?
Hon. M. Farnworth: Well, let’s put it this way. That’s why we’re still waiting to see
what the federal legislation looks like. As I said, this is one of those
areas. This is an evolving process. I suspect that there are areas that,
once the federal legislation has passed, we’re going to continue to be
dealing with and that will evolve over time.
But what we’re doing right now is within what we know and what we
anticipate. Again, it’s going to depend on, at the end of the day, what
the final federal legislation looks like.
M. Morris: Just one more on this one. I’m assuming that if I go into a retail
cannabis store and I buy either cannabis or another product in there,
it’ll come in a package that has an excise label on it of some kind or a
tracking number on it of some kind. I’m just wondering whether that same
tracking number or excise number will be attached to cannabis seeds,
which would be separate from the cannabis products
themselves?
Hon. M. Farnworth: The answer would be yes. They’ll be packaged with a stamp on them,
just like everything else.
Sections 56 to 62 inclusive approved.
Section 63.
M. Morris: Just a clarification. I think it’s correct. Under 63(3), a person
“must not smoke or vape cannabis in a prescribed area of any the
following places: (
a) a park within the meaning of the Park Act.” I’m
assuming that that would be covered under a provincial park, where
people are camping and where there are children are running
around.
But section (3) says a person must not smoke “in a prescribed area
of any of the following places.” Does that mean that if we have a
campground with 200 camping spaces in it, there might be a prescribed
area where you can’t do that? Or will the entire park be off-limits to
smoking or vaping?
[4:00 p.m.]
Hon. M. Farnworth: We are developing those regulations and looking at all the
different aspects and the natures of parks, because there’s also a wide
variety of parks. Some are very remote, and you’re not going to have
issues of children running around. Then there are, of course, other
parks which have very much a high propensity for families with kids to
be using. Those regulations are under development, and those are the
kinds of issues that we’re looking at in terms of the formatting and the
prescribing for those regulations.
Sections 63 to 67 inclusive approved.
section 68.
M. Morris: This one is quite an impactful
section — the vicarious liability
for principals, teachers on a school property, restaurant owners,
operators of public institutions. I’m just wondering. When I look at the
section here…. “If a person consumes cannabis in contravention of
section 61 (a) [in or on school property], the education authority,
superintendent and principal are each deemed to have contravened that
section and are…liable for the contravention.”
Again, that applies to public places. I’m just wondering what
kinds of steps that a principal or somebody needs to take to ensure that
they’ve met the baseline in making sure that it doesn’t happen there,
because it probably will.
Hon. M. Farnworth: This
section is actually consistent with what we have already in
place for tobacco and vapour products, under the Tobacco and Vapour
Products Control Act. In terms of the base that the member is talking
about, what it would mean is that it’s similar to the tobacco and vaping
issue, which is reasonable steps having been taken. There is a general
understanding of what “reasonable steps” means, certainly as it does in
regard to the tobacco and vaping, and it would be the same with
this.
Sections 68 to 73 inclusive approved.
section 74.
M. Morris: Again: “A minor must not operate a vehicle, whether or not the
vehicle is in motion, while there is cannabis in the
vehicle.”
Just to comment on this particular section. I think it goes to the
social responsibility that we spoke about yesterday. There’s a huge part
of this legislation that is educational in nature, to make sure that we
get out to the young folks ahead of the game here so they all know what
the ground rules are here. I just wanted to make that comment, because
it’s fairly clear in here, but I think that educational responsibility
is huge here.
Sections 74 to 93 inclusive approved.
section 94.
[4:05 p.m.]
M. Morris: Just some clarification, I suppose, on
section 94. “The monetary
penalty is, as determined by the director…an amount equal to 2 times the
retail value of the cannabis” that the person bought. So when we have
government retail outlets and private retail outlets and we’ve got a
range of price for that different product there, is that two times the
retail value that the individual might have paid for at a particular
store, or is it a set retail value that the province might
have?
Hon. M. Farnworth: This is about cannabis that is seized from an illegal dispensary,
so it would not apply to a licensed retail store. There are other
penalties that deal with those.
Section 94 approved.
section 95.
Hon. M. Farnworth: I move the amendment to
section 95 on Bill 30 that is in
possession of the Clerk. What the amendment will do is it will amend, as
follows,
section 95(1).
SECTION 95 (1), in the definition of “compliance order”,
by deleting the text shown as struck out and adding the underlined
text as shown:
“compliance order” means an order of the
general manager director under
section 94 (7)
other than an order based on a signed waiver referred to in
section 94
(5);]
On the amendment.
Hon. M. Farnworth: This amendment corrects a typographical error.
Amendment approved.
Section 95 as amended approved.
Sections 96 to 98 inclusive approved.
section 99.
M. Morris: I just want some clarification on the “injunction under subsection
(1) regarding a contravention may be granted whether or not this Act
provides for a penalty” — buying, selling or producing. I’m sort of
looking for an example of where this might come into play. Where the
Supreme Court, on application by the director…. Is this to prevent
somebody that just continually flaunts a law and sells, or are there
other circumstances here?
Hon. M. Farnworth: Yes, it is.
Sections 99 to 106 inclusive approved.
section 107.
M. Morris: This is an interesting one for me. I just need to understand what
this is about.
Section 107: “If a person seizes cannabis under this Act, the
person may post a notice informing the public of the seizure.” And then
sub (2): “A person must not remove, alter, destroy or deface a notice
referred to in subsection (1) without the permission of the person who
made the seizure.” Who is the person here who makes the
seizure?
Hon. M. Farnworth: It would be the person authorized under the act. It could be the
general manager. It could be law enforcement. In much the same way as if
there’s a liquor violation posted on a door, you can do that.
Sections 107 to 112 inclusive approved.
section 113.
[4:10 p.m.]
M. Morris: I’m just curious. We’ve got people that will be applying for
licences as soon as this act comes into force. Does the ministry have
training programs all ready to go in place? There are a lot of
references to training for the licensees and for staff. I’m sure there’s
going to be a rush to get all this training done. Is the ministry
prepared for this?
Hon. M. Farnworth: Training programs are currently under development. That work is
currently taking place. As with liquor, there may well be occasions when
training takes place after the opening, but that training will be
required.
M. Morris: So will that be like Serving It Right? Will it be on-line
training, or will it be face-to-face training?
Hon. M. Farnworth: The program is still under development, but it is similar to
Serving It Right.
Sections 113 to 128 inclusive approved.
section 129.
M. Morris: So 130, “The Lieutenant Governor in Council may make regulations
exempting the following from all or part of one or more provisions of
this Act…” — there’s quite a list here. Oh, I’m sorry —
Section 129 approved.
section 130.
M. Morris: As I was saying, there’s quite a list here: “(
a) a person or
entity; (
b) a class of cannabis; (
c) a form of consumption of cannabis;
(
d) a thing; (
e) an action….” I’m just wondering if the minister can
provide me with some examples of what that’s about.
Hon. M. Farnworth: This
section is intended to deal with those situations that arise
where we may be required to make an exemption to comply with the Charter
of Rights and Freedoms.
Sections 130 to 133 inclusive approved.
section 134.
M. Morris: I’ve got an amendment, which I should have passed out
earlier.
[4:15 p.m.]
I’d like to move the following amendment on
section 134 by adding
the underlined text, as I’ve shown for subsection (g).
Section 134
by deleting the text shown as struck out and adding the underlined
text as shown:
134 The Lieutenant Governor in Council may make
regulations as follows:
(
a) respecting fees and charges payable under this Act,
including, without limitation, fees payable
(
i) by licensees and applicants for licences,
(ii) by applicants who apply under
section 40 or 95 for a
reconsideration of an order under
section 38 or 94,
(iii) for training programs referred to in
section
113,
(iv) for the registration of cannabis workers, and
(
v) for another service or benefit obtained or required by a
person;
(
b) allowing all or part of the fees referred to in paragraph
(a) (iii) to be collected and, despite
section 14 (1) of the
Financial Administration Act , retained by a person who
provides a training program as remuneration for the provision of the
training program;
(
c) specifying when a fee or charge payable under this Act must
be paid;
(
d) respecting the waiver of fees and charges;
(
e) respecting the circumstances in which a fee or charge paid
under this Act is to be refunded, including the application and
information requirements for the refund, and specifying a minimum refund
amount;
(
f) respecting the method or manner for payment of fees, charges
or monetary penalties, including conditions or requirements relating to
the payment . ;
(
g) allowing the minister to designate all or part of the
fees referred to in paragraph (
a) for the purpose of funding an
educational program. ]
On the amendment.
M. Morris: As we’ve talked about, the social responsibility associated with
bringing legalized cannabis to the fore in British Columbia and Canada,
I think, is significant. The educational component is a big part of
that. We did talk about it yesterday. I think enforcing that and
ensuring that there’s a mechanism to fund this massive educational
program that takes place is a necessary component to getting off to a
good start.
Hon. M. Farnworth: I thank the member for his amendment and the spirit in which it’s
intended. I’ll just reaffirm what we’ve said repeatedly throughout this
entire process: that we view education and protection of young people as
paramount. One of the issues, though, with this legislation is that I
will be working with the Finance Minister in determining exactly what we
need and what we require. It is conceivable that, certainly in the
beginning years, it may be more than what the fees and licences bring
in.
Certainly it’s something that I’m prepared to look at in the
future. At the current time, though, we do have the Treasury Board
process. We do have those things in place. We have identified this as a
priority, and it will most certainly continue to be a
priority.
Amendment negatived.
Sections 134 and 135 passed.
section 136.
M. Morris: Just some clarification here. It’s the regulation the
Lieutenant-Governor-in-Council may make “authorizing a treaty first
nation to make laws in respect of cannabis that apply within the
boundaries of its treaty lands, and (
b) respecting the enforcement of
those laws.” I’m just wondering whether those laws could be contrary to
the existing provincial legislation that we’re talking about
now.
Interjection.
M. Morris: I’m just wondering whether any legislation that a First Nations
council may pass would supersede the provincial legislation that we’re
speaking about now. I’m more concerned about retail sales set up within
the First Nations territory where they might differ from the provincial
legislation requirements for licensees and training and the other
provisions there.
Hon. M. Farnworth: This provision is intended to ensure that treaty First Nations can
have an authority to make laws with respect to cannabis on treaty lands,
which is generally consistent with the authority the
Nisg̱a’a Nation has under its
final agreement in respect to intoxicants on
Nisg̱a’a land and the authority
First Nations are expected to have with respect to intoxicants on
reserves under the federal Indian Act.
M. Morris: This pertains to the Nisg̱a’a
lands only, then?
Hon. M. Farnworth: Not just to Nisg̱a’a but to
treaty. So the Tsawwassen, for example. The Sliammon would be another
example.
Sections 136 to 157 inclusive approved.
section 158.
[4:20 p.m.]
M. Morris: I’m just curious on this one,
section 158: “Section 26 is amended
by adding the following subsections:
(4.1) In determining the
priorities, goals and objectives of the municipal police department, the
municipal police board must take into account (
a) the priorities, goals
and objectives for policing and law enforcement…established by the
minister.”
We’ve got it as part of this legislation. Is this to ensure that
police departments no longer will ignore the illicit sale of cannabis,
the distribution systems that are currently in place? I know there’s
been a lot of…. Many police departments have let these kinds of
activities carry on. I’m just wondering whether, because now we’ve got
this legislation in place and the minister wants to make a strong
statement, this will be a priority for government and for the minister
to ensure that a hard line is taken with the illegal dispensaries and
illegal products in British Columbia.
Hon. M. Farnworth: While the province cannot and doesn’t direct the operational
decisions of police forces, what we are saying is that municipal police
boards should be taking into account the priorities, goals and
objectives that we are setting forth with this legislation. And as we’ve
said, what we want to see is a reduction in the illegal black market. We
want to see legal markets in place, and police boards are going to need
to take that into account.
M. Morris: I’m happy to see that, because it does provide some definition to
what needs to be done here to address that and to make sure that this
legislation does get off with a strong start and that the illegal
cannabis trade is abruptly halted in this province to the extent
possible.
Sections 158 and 159 approved.
section 160.
M. Morris:
Section 160, “
(3) For greater certainty, vapourizing a substance
containing cannabis is not smoking cannabis for the purpose of
subsection (2).
(4) A tenancy agreement entered into before the cannabis
control…” so smoking in a rental unit, I suppose. I’m wondering. They’re
allowed to vaporize cannabis, but they’re not allowed to smoke cannabis.
This is what I’m reading in here. There are no restrictions on
vaporizing cannabis?
Hon. M. Farnworth: Yes, that is correct, because vaping doesn’t create the smoke and
the odour nuisance that smoking does.
Sections 160 to 163 inclusive approved.
Title approved.
Hon. M. Farnworth: I move the committee rise and report the bill complete with
amendment.
Motion approved.
The committee rose at 4:25 p.m.
The House resumed; Mr. Speaker in the chair.
Reporting of Bills
BILL 30 — CANNABIS CONTROL
AND LICENSING
ACT
Mr. Speaker: When shall the bill be considered as reported?
Hon. M. Farnworth: Next sitting.
Bill 30, Cannabis Control and Licensing Act, reported complete with
amendment, to be considered at the next sitting of the House after
today.
Hon. M. Farnworth: I call Bill 29, Voluntary Blood Donations Act, committee
stage.
Committee of the Whole House
BILL 29 — VOLUNTARY BLOOD
DONATIONS
ACT
(continued)
The House in Committee of the Whole (Section
B) on Bill 29; L. Reid
in the chair.
The committee met at 4:27 p.m.
Hon. A. Dix: I wonder if we could have a five-minute recess just to make sure
the opposition critic and the Third Party critic can be here. I’m sure
we could start quickly after that.
The Chair: Thank you, Minister. This House will recess for five
minutes.
The committee recessed from 4:28 p.m. to 4:34 p.m.
[R. Chouhan in the chair.]
section 15.
N. Letnick: Over the last few days, we’ve debated estimates in the Douglas
Fir, in the little House. We moved up then to the Birch Room in the
little, little House, and now we’re in the big House for this
bill.
[4:35 p.m.]
I think the Ministry of Health has seen quite a large amount of
this precinct, and I think this is where it ends for this session. Sad
day, of course. The next 15 minutes, half an hour, and then it’s all
over. I think this is the furthest apart that we’ve ever been over the
last few days.
The minister, I’m sure, would like me to get up and ask him
questions in question period. I might actually get that chance some day.
All we need to do is for his team to…. Well, I won’t go
there.
Anyway, back to the bill,
section 15. Could the minister please
answer why there is an option to verbally make a compliance order to a
person if there is the risk that the verbal communications have no
physical record?
Hon. A. Dix: As in
section 10, where we said that the orders could be made in
writing or verbally, in the circumstances here, it’s if the order is
required when an inspector is at a site or a facility and needs to make
a verbal order because it’s impossible, in effect, under those
circumstances to make a written order. It would always be followed up
with a written order.
This simply says that a verbal order, as suggested in
section 10,
is valid if it’s made — and this is important — to the person named in
the order or the owner, manager or other person in charge of the
facility that’s to be inspected or that is the subject of the order.
That’s the nature of a verbal order. It can’t be made to an assistant in
those circumstances. So if there’s a verbal order, that’s the
circumstances of it. It, of course, would be followed up with a written
order, and that’s what we allowed in
section 10.
N. Letnick: Thank you to the minister for clarifying that it would be followed
up with a written order. That satisfies my concern with
section 15. And
just in case the minister has other work to do, I have nothing up to and
including
section 19.
Sections 15 to 19 inclusive approved.
section 20.
N. Letnick:
Section 20 is the point at which I would like to lift from the
table the proposed amendments. I’d like to move in the Committee of the
Whole an amendment to the act as
section 20.1. That’s on the orders of
the day. A question, a concern: do I have to actually read the amendment
itself into the record, or is the fact that it has been
submitted…?
Interjection.
N. Letnick: It’s on the order paper; I don’t have to read it? Okay, so if I
can speak to it just briefly….
The Chair: Just move it, Member. Move it and speak.
N. Letnick: I’m moving it.
SECTION 20.1, by adding the following
section:
Amendment to this
Act
Annual Reporting
20.1 The Minister of Health is required to
annually report the percentage of blood, plasma and plasma-derived
products sourced for use by British Columbia’s medical services
that:
(
a) comes from outside of British Columbia, and
(
b) was sourced by donors who received inducement as defined in
section 2 (2) of this Act.]
On the amendment.
N. Letnick: Yes, it’s moved, and now I’ll speak to it. Okay.
As we noted in the first part of the bill yesterday, Canadian
Blood Services’ goal over the next few years is to increase, by
approximately 2024, the self-sufficiency of plasma and plasma products
in British Columbia — I guess in Canada as a whole, but in British
Columbia as well — by up to 50 percent.
[4:40 p.m.]
Right now some estimates have us anywhere from 15 to 20 percent,
and the goal is to increase that triple, by three times.
Their proposal to the governments of the country is — who, by the
way, operate with CBS at arm’s length, not totally independent but
almost, in that case…. They require approximately $855 million, almost
$1 billion, to get to that goal of self-sufficiency. So that means that
right now we’re about 70 to 80 percent relying on other jurisdictions
for our plasma and plasma products. As the minister has already
acknowledged, most of that comes from paid sources.
If the goal is to achieve 50 percent self-sufficiency, and if the
government believes it’s important enough to bring this legislation
forward, as it does in Bill 29, then I believe and the members of the
opposition believe that what we need in this act is something that would
hold information available to the public so that we can see how CBS and
their masters — at arm’s length, granted, but still — the governments
are doing in reaching those goals.
So every year they’ll be reporting out, whether it’s in the
Ministry of Health service plan or other way, to ensure that we continue
to move towards a place of achieving the self-sufficiency that the CBS,
who, through this act, along with government, will basically have a
monopoly on this process.
With that, I have moved the motion. I understand the minister has
a different proposal, and I look forward to hearing what that proposal
might be.
Hon. A. Dix: Thank you very much to the member for putting forward this
amendment and engaging in this discussion.
Earlier this hour, I gave a letter to the member in response,
because what we want to do, I think, is achieve the purpose of what he’s
suggesting. The letter makes a substantive case why we shouldn’t make
this amendment in this particular form now but also proposes a solution
so that we would get to the information, on an annual basis, that the
member seeks and assess progress. I think his proposal is absolutely
legitimate and absolutely one that we’re prepared to act on together,
along with our colleagues in the Third Party.
I want to read into the record, if that’s okay, the relevant parts
of the letter.
“I appreciate the intent of the proposed amendment in promoting
greater knowledge of British Columbia’s needs for plasma products and
making more transparent the degree of self-sufficiency in this province.
However, it is my view that, as drafted, the provision is unworkable and
may not be successful in securing the desired information.
“Given that it is Canadian Blood Services, not the province, that
possesses this information, it is not feasible for the Ministers of
Health to be accountable for reporting the specified information. It’s
also impractical to place an obligation directly on Canadian Blood
Services in the bill.
“In addition, the Canadian blood and blood products system uses a
pooled model where blood and blood products are moved across the country
according to need, so information on where the blood or components was
collected and processed within Canada is not readily available. Products
used within British Columbia come from a supply that is shared by all
provinces and territories, making it impossible to track the original
source in all circumstances.
“As I noted, I appreciate the intent of the amendments and suggest
that there may be measures other than those specified in paragraphs (
a) and (
b) of the draft
section 21 that may be of interest. Accordingly, I
would propose that by the end of the session, May 31, 2018, the member
from Cowichan, the Third Party Health critic, meet to advance a means by
which we could report annually to the Legislature and the people of
B.C., and I make an undertaking to do exactly that, consistent with that
offer.
“This report would include relevant information concerning the usage
of blood and plasma products in British Columbia. For example, I would
expect that CBS can advise of the specific products that are derived
from plasma and those which are manufactured from paid donor plasma. As
well, data may be available on Canadian sufficiency in plasma for
fractionization or immune globulin.
[4:45 p.m.]
“I believe these measures would provide meaningful indicators of
CBS’s progress towards achieving sufficiency in plasma, and I trust that
securing this information will alleviate the need for the
amendment.”
In short, I think we should meet together. We should identify the
information required that should be tabled in the House every
year.
As Minister of Health, I’d make an undertaking on the part of the
government to provide that by, say, one year from today so that we’re
providing the House and the members consistent information about the
progress towards the goal in plasma self-sufficiency, and if required
over time, we could consider in discussions whether making that
provision a statutory provision might be part of a future miscellaneous
bill.
In so making that suggestion, I’m saying that we’re opposed to the
amendment as it’s presently constituted but supportive of the spirit of
the amendment and intend that the government will follow through, I
think, on the intent of the hon. member. I believe we can set a pattern
for years to come where appropriate information is brought to members of
the Legislature on an issue of common interest.
N. Letnick: Thank you to the minister for the letter that he provided me, as
he said, some time ago today. I also appreciate the undertaking that the
minister has made to meet with the Health critic for the Third Party and
myself to come up with a process by which we can report out to British
Columbians on an annual basis progress on this issue and maybe other
issues that we come up with when we get together for that meeting. I
didn’t want to complicate the bill with it today, hoping that this
amendment would actually pass if it was as simple as possible. That’s
why I pared it down to what it was, on behalf of the official
opposition.
Should the amendment fail — we all know how this place works; it
sounds like it will — I will immediately set some time up to meet with
the minister, at his convenience, and with the member of the Third Party
and get the ball rolling.
The other piece that I also want to thank the minister for is his
openness for looking at an opportunity, once we do decide how this
information or what information should be reported, in a miscellaneous
stats bill in the future to make it part of this legislation so that
future ministers, whoever they may be, and future governments would
still be bound by whatever we come up with. We all know that in this
place, things can change very quickly, and we don’t want the corporate
memory of this conversation to be the only thing we rely on when we are
reporting. It really needs to be in the legislation so that there is
some flame to the feet of whoever is in government — to make sure that
progress is made on the issue of self-sufficiency.
With that, I will be supporting the amendment, but should it fail,
I will be immediately supporting the minister in his kind
offer.
Amendment negatived on division.
Section 20 approved.
section 21.
N. Letnick: On
section 21, could the minister please explain why
section 5 of
the Offence Act does not apply for this act or its regulations?
Section
5 of the Offence Act states: “A person who contravenes an enactment by
doing
an act that it forbids, or omitting to do
an act that it requires
to be done, commits an offence against the enactment.” So if the
minister could please explain why the Offence Act does not
apply.
Hon. A. Dix: Interesting. Subsection (1) provides that
section 5 of the Offence
Act does not apply. This is necessary because under
section 21 of the
Voluntary Blood Donations Act, the breach of specific sections of the
act will be an offence. If
section 5 of the Offence Act were to apply,
contravention of an