British Columbia Hansard — Thursday, May 29, 1975 — Afternoon Sitting (30th Parliament, 5th Session)
30p 05s 750529p
British Columbia — Debates (Hansard)
1975 Legislative Session: 5th Session, 30th Parliament
HANSARD
The following electronic version is for informational purposes
only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
THURSDAY, MAY 29, 1975
Afternoon Sitting
[ Page
2825 ]
CONTENTS
Liquor Control and Licensing Act (Bill 99). Hon. Mr. Macdonald.
Introduction
and first reading — 2825
Liquor Distribution Act (Bill 93). Hon. Mr. Macdonald.
Introduction and first
reading — 2825
Hospital Insurance Amendment Act, 1975 (Bill 98). Hon. Mr. Cocke.
Introduction
and first reading — 2825
Oral Questions
Coal mine at Elkford. Mr. Bennett — 2825
Casa Loma project. Mr. D.A. Anderson — 2825
Provincial position on Senate marijuana hearings. Mr. Wallace — 2826
Princess Marguerite accommodation. Mr. Smith — 2826
Private affiliations of ICBC's Mr. Scrivener. Hon. Mr. Strachan answers — 2826
Disclosure documents of defeated candidates. Mrs. Jordan — 2827
Meeting with oil and gas company. Mr. McGeer — 2827
Hotel tenant eviction. Mr. Gibson — 2827
Increased costs for holly shipping. Mr. Curtis — 2828
Senior Citizens Home Repair Assistance Act (Bill 42). Second reading.
Mrs.
Jordan — 2829
Mr. Speaker rules out of order — 2830
Public Bodies Information Amendment Act, 1975 (Bill 44). Second reading.
Mr.
McClelland — 2830
Pacific North Coast Native cooperative Loan Amendment Act, 1975 (Bill 19).
Committee report and third reading — 2833
Legal Professions Amendment Act, 1975 (Bill 76). Committee stage.
section 9.
Mr. Gibson — 2833
Hon. Mr. Macdonald — 2833
Report stage — 2833
Corporation Capital Tax Amendment Act, 1975 (Bill 29).
Committee stage.
section 5.
Hon. Mr. Barrett — 2834
Report and third reading — 2834
Insurance Corporation of British Columbia Amendment Act,
1975 (Bill 68).
Report stage — 2834
Automobile Insurance Amendment Act, 1975 (Bill 69).
Committee stage.
Amendment to
section 3. Hon. Mr. Strachan — 2834
section 3 as amended. Mr. Schroeder — 2834
section 8. Mr. Schroeder — 2835
section 9. Mr. Gibson — 2835
section 10. Mr. Wallace — 2836
section 11. Mr. Schroeder — 2837
Report stage — 2837
Personal Information Reporting Amendment Act, 1975 (Bill
79).
Committee, report and third reading — 2837
Trade Practices Amendment Act, 1975 (Bill 88). Committee
stage.
Amendment to
section 2. Hon. Ms. Young — 2837
Amendment to
section 3. Hon. Ms. Young — 2837
Report stage — 2838
Hospital Amendment Act, 1975 (Bill 91). Committee stage.
section 3. Mr. Wallace — 2838
section 8. Mr. Wallace — 2839
section 12. Mr. Chabot — 2839
Report and third reading — 2841
Committee of Supply: Department of Health estimates.
On vote 89. Mr. Phillips — 2841
On vote 90. Mr. McClelland — 2844
On vote 92. Mr. Fraser — 2845
Department of Economic Development estimates.
On vote 34. Mr. Chabot — 2851
Department of Labour estimates.
On vote 120. Mr. L.A. Williams — 2857
THURSDAY, MAY 29, 1975
The House met at 2 p.m.
Prayers.
MR. G.S. WALLACE (Oak Bay): Mr. Speaker, I would like the
House to welcome a good friend of mine seated in the Members'
gallery, the former mayor of Duncan, Mr. Jim Quaife.
MR. W.R. BENNETT (Leader of the Opposition): Mr. Speaker, I
would like the House to welcome Suzanne and Len Van Egmond from
Sechelt. Mrs. Van Egmond is the new president of the Social
Credit constituency of Mackenzie. I would like the House to
give them a particularly warm welcome.
HON. W.S. KING (Minister of Labour): Mr. Speaker, I would
like the House to welcome today visitors from Revelstoke, Mr.
and Mrs. Wes Ennis and Mr. Ennis' sister and brother-in-law,
whose names I unfortunately forget. They're from Burnaby and I
would like to welcome them anyway.
MR. C.S. GABELMANN (North Vancouver–Seymour): Mr. Speaker,
in the gallery this afternoon are a group of trade unionists
from Vancouver, members of the graphic arts union. I would like
the House to make them welcome.
HON. D. BARRETT (Premier): Although I have had no notice of
it, it appears that there are a group of students from
Coquitlam School District 43 in the gallery today.
Introduction of bills.
LIQUOR CONTROL AND LICENSING ACT
Hon. Mr. Macdonald presents a message from His Honour the
Lieutenant-Governor: a bill intituled Liquor Control and
Licensing Act.
Bill 99 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
LIQUOR DISTRIBUTION ACT
Hon. Mr. Macdonald presents a message from His Honour the
Lieutenant-Governor: a bill intituled Liquor Distribution
Act.
Bill 93 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
HOSPITAL INSURANCE
Hon. Mr. Cocke presents a message from His Honour the
Lieutenant-Governor: a bill intituled Hospital Insurance
Amendment Act, 1975.
Bill 98 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
Oral questions.
COAL MINE AT ELKFORD
MR. BENNETT: To the Minister of Mines: with respect to a
public meeting held at Fernie in which a representative of a
German development consortium outlined its plans to spend $200
million to develop an open pit and underground coal mine at
Elkford, has the provincial government or the Minister's
department been part of any discussion with this
consortium?
HON. L.T. NIMSICK (Minister of Mines and Petroleum Resources): Yes.
MR. BENNETT: Supplemental to the Minister. Has there been
any indication of what route would be taken to ship the coal to
tidewater, in view of the statements made at the meeting that
the majority of coal would go to European steel mills?
HON. MR. NIMSICK: No.
CASA LOMA PROJECT
MR. D.A. ANDERSON (Victoria): I'd just like to congratulate
the Minister of Mines for giving a classic example of how
questions should be answered in this House. (Laughter.)
Could I ask the Minister of Housing whether any more funds
have been advanced to the principals of Casa Loma Ltd,. In
addition to the original payment of $565,000?
HON. L. NICOLSON (Minister of Housing): I'll take that as
notice.
MR. D.A. ANDERSON: Could I ask the Minister, as he has taken
that one on notice, whether he will also consider the question
of the government's position in the Casa Loma matter in view of
the lawsuit launched by a prominent bank and Casa Loma Ltd.? Is
the Minister aware that, according to the contract, all work is
required to have been completed by Saturday, May 31, 1975?
[ Page 2826 ]
HON. MR. NICOLSON: I am aware that there is a prerogative
which can be exercised by government. If we were not satisfied
at that time, we could exercise rights. But nothing says that
we have to.
MR. D.A. ANDERSON: Could I ask the Minister, if he is aware
of this, if he intends to waive that Saturday May 31, 1975,
date and allow work to continue after that?
HON. MR. NICOLSON: Mr. Speaker, if is not a matter of
waiving. We haven't at this time decided to exercise it.
PROVINCIAL POSITION ON
SENATE MARIJUANA HEARINGS
MR. WALLACE: Mr. Speaker, to the Attorney-General with
regard to the hearings that have been held by the Senate
committee regarding the legislation pertaining to marijuana:
has the provincial government any intention of taking
part in
the hearings and a brief on this subject to the Senate
committee?
HON. A.B. MACDONALD (Attorney-General): The provincial
government did not intervene or present a brief.
MR. WALLACE: A supplementary. Is it the government's
intention in the near future to present any position regarding
the proposal to move marijuana offences from the Narcotic
Control Act to the Food and Drug Act and, in general, to reduce
penalties for marijuana offences, including automatic pardon
for first offenders convicted of possession? Does the
government have any position, and if it has any position — and
I hope it has some position on this very important issue — does
it intend to communicate that policy to federal authorities for
their information prior to the amending of the federal
legislation?
HON. MR. MACDONALD: This is a matter of federal law.
MR. WALLACE: Oh, come on, Alex, don't dodge the issue.
HON. MR. MACDONALD: The matter now having been raised — we know it has
been raised — we will take under consideration whether or not it is something
on which it's appropriate for us to intervene. It is not something that has
come up at a dominion-provincial conference between, say, the Minister of Justice
and the A-Gs of the provinces. That matter has not been on the agenda. There
have been Senate committee hearings, and the matter will be debated in Parliament.
But we'll consider whether or not we should take a position.
MR. WALLACE: Well, can I take it from that, Mr. Speaker,
that the Attorney-General is suggesting that the chief law
enforcement officer in this province doesn't have some
responsibility to communicate and discuss at the federal level
issues of this importance to the whole society? Are you
suggesting that? Could I ask that question, Mr. Speaker?
MR. SPEAKER: Order, please. I think it is a bit
argumentative and it's certainly beyond the jurisdiction of
this Legislature to deal with that question.
PRINCESS MARGUERITE ACCOMMODATION
MR. D.E. SMITH (North Peace River): Mr. Speaker, my question
is to the Minister of Health. Mr. Minister, did Commodore Gorst — I mean the Member for Esquimalt — consult with you or seek
your advice, considering the fact that we have Bill 90 on the
order paper, intituled Free Public Toilets Act, before he
circulated to the Members of the Legislative Assembly a
memorandum dated May 29, indicating that staterooms will be
available, if booked, to all MLAs on the inaugural run of the
Princess Marguerite at a cost of $8 with settee and basin, or
for $10 with settee, toilet and basin? (Laughter.) Is it the
policy of the government to charge people $2 before they even
know if they may require the facilities?
HON. D.G. COCKE (Minister of Health): Mr. Speaker, as you
know, the rate was reduced by virtue of the fact that while in
Canada the utilization of these facilities is free, as soon as
you get across the 49th parallel.... (Laughter.)
Interjections.
MR. SMITH: Mr. Speaker, on a supplemental, then, I presume
that the facilities will be available free on just the junkets
around Victoria Harbour.
HON. MR. COCKE: They are presently free on the B.C. ferries,
yes.
PRIVATE AFFILIATIONS OF
ICBC's MR. SCRIVENER
HON. R.M. STRACHAN (Minister of Transport and
Communications) : Mr. Speaker, yesterday the Member for Langley
(Mr. McClelland) asked me a question about the affiliations of
a Mr. Scrivener with certain companies elsewhere in Canada. I
am informed that the list he referred to was compiled for the
Insurance Corp. of British Columbia by the
[ Page 2827 ]
Canadian independent adjusters conference around December,
1973, before Autoplan began operation.
Mr. Scrivener did not join ICBC until July 1, 1974.
Immediately before that time, he had begun selling his
interests in D.A. Scrivener Ltd., the parent company he owned
in Regina, and also the associated companies, Scrivener,
Countryman and Westman Ltd. In Calgary and Saskatoon.
The Regina firm's sale to a new company was completed by him
before he arrived to take his post with the Insurance Corp. of
British Columbia. Negotiations on the Calgary and Saskatoon
partnership interests took longer, but they were completed
within six months of his arrival in Vancouver with Mr.
Countryman buying out Mr. Scrivener's shares. From that time,
he has had no interest in any of those companies.
Mr. Scrivener's name also appeared, and may still appear, in
the name of a fourth claims adjusting company operating in
Yorkton, Saskatchewan, under the title of Scrivener, Countryman
Ltd., but Scrivener himself never had, nor has now, any
ownership in that firm. But at one time he had allowed his name
to be used for a fee in the title of that particular company.
So Mr. Scrivener has not any interest of any kind in any of
those companies. That is the information I have.
DISCLOSURE DOCUMENTS
OF DEFEATED CANDIDATES
MRS. P.J. JORDAN (North Okanagan): Mr. Speaker, my question
is to the Hon. Attorney-General. I am sure that he will recall
the Public Officials and Employees Disclosure Act and the
debate surrounding that Act when the Minister introduced it to
the House, and the concern that was expressed by the opposition
for people who ran for public office, disclosed before the
election, were defeated and then asked to have their disclosure
papers returned.
Could the Minister advise the House if there is anything in
the Act at this time which would prohibit a body such as a
school board or a municipal council from returning personal
disclosures upon request when the candidate was defeated?
HON. MR. MACDONALD: I do believe that public documents that
were available to the public should be destroyed.
MRS. JORDAN: A supplementary, Mr. Speaker. The Minister is
aware that there are a number of cases around the province now
and there are a number of requests from defeated candidates,
including a Mr. Gordon P. Johnson of Vernon, who offered his
services in a by-election for the school board of School
District 22 in May, was defeated....
MR. SPEAKER: Is the Hon. Member asking a question.
MRS. JORDAN: I am asking the Minister if he will.... Excuse
me, just wait until I get to my point. In this case, this
gentleman has requested that his documents be returned to him.
It has been denied. Upon appealing to the Attorney-General, he
made clear that there was not provision at this time for the
return, but it did not say that it inhibited the return. In
light of the confusion over this, and an appeal of a
public-spirited citizen, a publicly responsible citizen who
offered his name in a by-election, would the Attorney-General
entertain an amendment to this Act in this session to allow
those to withdraw their documents?
MR. SPEAKER: Order, please. That would be out of order. The
matter is out of order. The Hon. First Member for
Vancouver–Point Grey, and patriotism is not needed.
MEETING WITH OIL AND GAS COMPANY
MR. P.L. McGEER (Vancouver–Point Grey): Thank you, Mr.
Speaker. A question for the Attorney-General and/or the
Minister of Mines and Petroleum Resources with respect to the
mysterious jet-setters who came in from Hudson's Bay Oil and
Gas Co. referred to by the First Member for Victoria (Mr.
Morrison) yesterday. At the meetings with these officials, were
agreements entered into that would help to bring about normal
drilling programmes in British Columbia next winter?
HON. MR. NIMSICK: No. (Laughter.)
MR. SPEAKER: The Hon. Member for North
Vancouver–Capilano.
MR. McGEER: A supplementary, Mr. Speaker.
Interjection.
MR. SPEAKER: The Hon. Member behind you would ask a
supplementary, if permitted.
MR. McGEER: Does that mean that there will not be normal
drilling programmes in northern British Columbia next
winter?
HON. MR. NIMSICK: No! (Laughter.)
HOTEL TENANT EVICTION
MR. G.F. GIBSON (North Vancouver–Capilano): A question to
the Attorney-General, Mr. Speaker. Last night there was shown
on television some
[ Page 2828 ]
footage of a fracas that ensued when a B.C. television crew
was filming a room of a tenant in a Vancouver hotel who was not
under the protection of the rentalsman. That was the subject of
the story. There is some concern, as a result of the publicity
that ensued, that this particular tenant may be evicted because
of that. I would ask the Attorney-General if his department can
take steps to prevent that or at least maintain a watching
brief on that incident.
HON. MR. MACDONALD: The question of whether or not somebody
who's a lodger in a hotel is a tenant or a licensee is a very
difficult one. It may be that this particular person you refer
to has tenancy rights or it may be that he is simply a
licensee.
I would be very glad to refer this matter and to keep a
watching brief. I don't think anybody should lose their home,
even though it's a rented room, as a result of a fracas in
front of television cameras.
MR. D.A. ANDERSON: Supplementary on the same. In view of the
fact that the rentalsman's legal advisers have now informed him
and he, in turn, has informed the Attorney-General that
virtually no protection exists for the residents of skid road
hotels due to the fact the Landlord and Tenant Act does not
apply, could I ask the Attorney-General whether some interim
steps are going to be taken to protect these people who at the
present time are subjected to eviction as well as very severe
rent increases, as landlords anticipate legislation to bring
them under the Landlord and Tenant Act shortly in the future?
I'd like to know whether there's any interim measure to protect
these people at the present time.
MR. SPEAKER: I think it's a matter of a legal question that
can only be answered in the statutes as they exist.
MR. D.A. ANDERSON: The legal question is settled. They have
no protection.
HON. MR. MACDONALD: No, not necessarily.
MR. D.A. ANDERSON: But what I would like to know is whether
the Attorney-General has any advice to give, any public
information to give, so that unscrupulous landlords will not
take advantage of this interim period to either evict or raise
rents to exorbitant levels.
HON. MR. MACDONALD: It's a matter with which I am very much
concerned. We try to keep up to date with it. Some of them may
be covered by the Act, but the majority of people lodging in
hotels are not covered by the Act. Whether or not the Act
should be amended to expand it into that field, with the
support of the Liberal Party of British Columbia, in terms of rent control and protection for these people is
a matter of government policy.
Will you support the whole thing if we do that?
MR. D.A. ANDERSON: I will be happy to reply to the
Attorney-General.
MR. SPEAKER: Order, please.
MR. D.A. ANDERSON: Can I not answer the question? Well, I
will answer it privately later on.
MR. SPEAKER: Only where it relates to your own
jurisdiction.
INCREASED COSTS FOR HOLLY SHIPPING
MR. H.A. CURTIS (Saanich and the Islands): To the Minister
of Agriculture. Has the Minister received any complaints or
requests from holly growers on Vancouver Island to approach his
federal counterpart or any other federal agency regarding
Vancouver Island — an important industry, as the Minister
knows?
HON. MR. STRACHAN: Vancouver Island holly.
HON. D.D. STUPICH (Minister of Agriculture): The Ministry
hasn't received any in over a year.
MR. CURTIS: I'm sorry, Mr. Speaker. The Minister of
Transport and Communications (Hon. Mr. Strachan) was making so
much noise I didn't hear the answer.
This matter has been raised very recently. The increases
have taken effect again in the last few months.
HON. MR. STUPICH: The question was whether or not I had
received any representations. I have not.
Presenting reports.
Hon. Mr. Hall files the sixth report of the Royal Commission
on Family and Children's Law.
Hon. Mr. Stupich files the 69th annual report of the
Department of Agriculture for the year ending December 31,
1974, and the first annual report for the Provincial Land
Commission for the year ending March 31, 1975.
Orders of the day.
HON. E.E. DAILLY (Minister of Education): Mr. Speaker,
public bills in the hands of private Members. Adjourned debate
on second reading of Bill 12. I
[ Page 2829 ]
don't know if the Hon. Member is here.
Looking through the adjourned debates on second reading, the
Members listed in order here are not in the House. I wonder if
we could have permission to move to second reading of public
bills in the hands of private Members.
Leave granted.
HON. MRS. DAILLY: Then we would move to second reading of
Bill 42.
SENIOR CITIZENS HOME
REPAIR ASSISTANCE ACT
MRS. P.J. JORDAN (North Okanagan): The purpose of this Act
is in recognition of a very serious problem that senior
citizens in British Columbia face today, that of the high cost
of maintaining a home in light of the rising cost of living in
terms of heating, lighting and taxes, from which there has been
minimum relief from this government.
In any repair or maintenance done to a home by senior
citizens, if it has to be done from outside, they face
extremely high costs for the labour as well as high costs for
the equipment needed. Such things as drainage pipes, shingles
and repair of stairs are prohibitive to those who must live on
a fixed income.
In companion with the practical problems faced by the senior
citizen today is our philosophy, the Social Credit Party
philosophy, that we should do everything as a society to create
a climate in which senior citizens can remain in their own
homes until such time as they choose to move. We do not agree,
and we will strongly oppose, the concept that senior citizens
should live in community housing, with relatives or in nursing
homes for financial reasons. We feel that it's the
responsibility of society to see that that type of unacceptable
situation to the individual is not imposed upon them by the
actions of society. This bill would be in keeping with our
philosophy. If adopted by this government that claims to be so
concerned with the problems of the small people or the little
people, it would show their good faith and be a very practical
way of showing their concern for the senior citizens of our
province.
There are many senior citizens, both those who are young
senior citizens and those who get older, who want to live in
their own homes above all else. Many physicians will tell you —
I am sure the Hon. Member for Oak Bay (Mr. Wallace) will
reinforce this statement — that older people sometimes suffer
shocks which result in mental and physical deterioration if
they are removed from familiar surroundings. This often happens
if it's done voluntarily and it certainly is a very common
reaction when the move is forced upon the individual. We don't
feel that should happen.
The Minister of Finance knows and many Members of this
Legislature know of case after case in British Columbia today
where senior citizens, because of the high cost of land,
because of the high cost of taxes which this government is
doing nothing to alleviate in terms of a problem, because of
school taxes — a commitment by this government to remove them
has not been kept — because of the high cost of heating and
power, because of the high cost of materials and because of the
high cost of assistance, are being forced by the movements of
society today out of their home. If the government would
establish this grant system, it would be one small way, along
with many other ways that we have previously suggested, that
the government could meet a commitment to the senior citizens
of this province and could show good faith that they, along
with the Social Credit Party, believe that senior citizens
should have the right to stay in their own home as long as they
so desire.
There is another factor in terms of those who might have
just enough money to get by but who may suffer from physical
disabilities such as arthritis, blindness — general infirmities
of old age — who have to have extra help in their home. This is
an added cost which along with the upkeep of their homes makes
it very difficult for them.
The most serious danger of all, if senior citizens stay in
their homes without needing those repairs that any home
requires, is that it can lead to personal injury. If stairs
deteriorate and rot, and senior citizens fall down them because
they can't afford to have them repaired, this often spells the
beginning of the end. They break a leg or a hip; they don't
heal; they become discouraged, and frequently death results not
specifically from the injury but from the problems of the
injury.
Wiring in a home, if it's not kept up to date, can cause
serious personal injury to senior citizens. It can to anyone
but more so to these people. Heaven help us that in British
Columbia, in this wealthy, wealthy province, we should have
senior citizens today living under leaky roofs. Mr. Speaker,
there are senior citizens in this province today living in
their own homes with leaky roofs because they can't afford to
have them repaired.
I am sure we can all recall many other specific
circumstances where senior citizens are suffering
inconvenience, personal danger and possibly severe emotional
trauma because of problems they are encountering in maintaining
their own homes, I would urge, through you, Mr. Speaker, that
the government accept this principle and accept this bill and
offer a system of cash grants to senior citizens who have owned
their homes for one year, if you wish, in order that they may
use that money to maintain their homes in a state of proper
repair, to protect their health, to protect them from injury
and,
[ Page 2830 ]
most of all, to protect them emotionally so that they do
have the same choice that other younger people want to have —
that is, the right to remain in their homes.
I'm looking at the Minister of Finance. Would he indicate a
willingness to accept this principle?
Interjection.
MRS. JORDAN: I beg your pardon?
Interjection.
MRS. JORDAN: Well, the Minister of Finance says the bill is
out of order. You know, Mr. Minister, I must say that your
response to the plight of these senior citizens in British
Columbia makes Snoopy look like a greyhound.
MR. SPEAKER: Order, please!
MRS. JORDAN: Stop hanging your hat on technicalities and
accept the principle.
MR. D. BARRETT (Premier): On a point of order, Mr. Speaker,
I would ask you to rule on the bill in terms of an impost of
the Crown.
MRS. JORDAN: Well, Mr. Speaker, I'm sure you wouldn't want
to take directions from the Premier. The Premier doesn't have
to accept the bill.
MR. SPEAKER: Order!
MRS. JORDAN: The Minister of Finance can accept the
principle.
[Mr. Speaker rises.]
MR. SPEAKER: Order, please! Would the Hon. Member be seated, please?
I think it's quite inappropriate, when any Member stands on
a point of order and makes a point of order, for another to
suggest that because the Speaker pays attention to the point of
order he's taking directions from any Member of the House. My
directions come from the rules, and the rules very clearly are
there to deal with points of order. Any Member in this House is
entitled to raise a point of order on the rules.
I think the Hon. Member knows that this particular bill
requires a grant to be made, as one of the primary sections of
the bill. The Hon. Member has been in the House long enough,
further, to know that such a bill would require the message and
the sanction of the Lieutenant-Governor in order to be passed
by this House or to proceed in this House.
Consequently, under our standing order 67 and also because of the constitution
of this province, which incorporates the British North America Act as well,
no bill or statute or measure shall be passed by the House without first having
the assent of the Lieutenant-Governor by message to this House.
So under standing order 67 I have no recourse but to rule it
out of order when a point of order is raised in the House.
[Mr. Speaker resumes his seat.]
HON. MRS. DAILLY: Second reading of Bill 44, Mr.
Speaker.
PUBLIC BODIES INFORMATION
AMENDMENT ACT, 1975
MR. R.H. McCLELLAND (Langley): Mr. Speaker, on each day that
passes and this government seems to want to get involved in
more and more outside activities which are outside the sphere
of what we have come to accept as normal government procedure,
this bill becomes more important. The bill asks that many of
the corporations and commissions and societies and agencies and
branches and associations which have been formed under the
direct auspices of the government come under the purview of the
Public Bodies Financial Information Act.
There's not much doubt in my mind, Mr. Speaker, that no
other jurisdiction in Canada has ever been asked to pass so
much legislation that in effect could leave the public open to
having its pockets picked on behalf of government agencies —
programmes that provide practically no checks or balances at
all to these governmental agency spending programmes,
programmes, Mr. Speaker, that open the wallets of the taxpayer
and, what perhaps is more important, take the responsibilities
of scrutinizing the expenditure of public funds away from the
elected legislators.
We saw what happened here earlier this year as there was an
attempt to make it impossible for the opposition to scrutinize
expenditures of the Ministers. Yet here we have all of these
public bodies not really open to scrutiny by the elected
representatives. Instead, the total spending authority has been
placed either in the hands of the bodies themselves, in many
instances, or the cabinet or even, in too many instances, an
individual Minister. We feel that neither the government nor
these agencies can be trusted with the kind of spending powers
they're taking upon themselves. We also feel that the taxpayers
of this province need to be protected from abuses of this kind
of power.
Mr. Speaker, the government seems, in setting up many of these Crown corporations
and other bodies, to be almost obsessed with allowing them to have, and allowing
the cabinet to have, open-ended
[ Page 2831 ]
financial powers. It is creating and has created an
unbelievable list of public bodies, commissions and Acts of
legislation, all of which seem to have the tendency to throw
the concept of fiscal integrity right out the window. I don't
know whether I could name them all, but our bill has been
revised this year and we now go from A to Z, Mr. Speaker.
Even in some of the bills which would seem to be rather
innocent in the beginning — the Medical Services Act, for
instance.... You wouldn't think there'd be any opportunity for
that Act to open up the vault doors and allow unlimited and
abandoned spending. Yet we find that the provision has been
made in this Act for any number of programmes, schemes, dreams
with no accountability whatsoever to the Legislature.
If I could just refer to one
section in that bill, Mr.
Speaker, it says "...to provide financial or other
assistance to any person establishing or administering a
programme referred to in clause (a)." Now here's a
section in a
bill which is an open invitation, Mr. Speaker, to develop what
could be a provincial LIP programme in all of the worst aspects
of those kinds of programmes where we see various groups of
people, or individuals or agencies, providing publicly funded
services for which there is either no proven need or, in many
instances, for which a programme is already being provided. And
that is only one bill out of so many.
Most important, again there is no accountability in these
provisions. A kind of sweeping financial discretion is evident
again in the Farm Assurance Income Act, in which we should
demand, again, that there be accountability of the money being
spent through the provisions of that Act. The Agricultural
Credit Act — again the government has the power to set up
various forms of boards and agencies. They haven't done it yet,
but certainly the power is in that Act, Mr. Speaker.
The same thing for the Land Commission Act. The insurance
corporation — we've certainly seen a lot of examples of what
kind of open-ended spending is going on in that corporation,
with $34 million in losses in its second year of operation.
Controlled costs, you know.
The Department of Housing Act — the same kind of thing. The
Department of Transport and Communications Act, under which I
am sure, once it gets operative, we can expect a whole new ball
game in the proliferation of bureaucracy.
The Energy Act, the development corporation, the takeover
Act of Ocean Falls and Can-Cel, the Alcohol and Drug Commission
Act, the British Columbia Cellulose Co. Act, the Petroleum
Corp. Act — the Medical Centre I've mentioned — the Department
of Mines and Petroleum Resources Act....
Besides those direct Acts of government, we also have the various companies
which are now under the jurisdiction and umbrella of this government, like Plateau
Mills, Vancouver Island Coach lines Co. Ltd., Pacific Poultry, South Peace Hydro
Products, Woodbridge Development Corp., Kootenay Forest Products, "Pinko" Poultry
— there could have been more but we ran out of letters in the alphabet, so we
stopped at that.
But the point is that the people of British Columbia
certainly have the right to demand that they have full
accountability. The only place we could see that that full
accountability could come is under the jurisdiction of the
Public Bodies Financial Information Act which not only demands
that these corporations and companies provide us with an annual
statement, but also show exactly what expenses are being
incurred by the company, who is getting the money, who is
getting paid, who the employees are and what their salaries
are. Those are things that the people of British Columbia have
a right to demand, particularly with the proliferation of the
kind of activity this government is getting itself involved
in.
We have never in the history of this province seen such an
incredible growth rate of government agencies,. paid for from
public funds, taxpayers' money, but not subject to the same
kind of scrutiny that the people of this province should expect
and demand.
So, Mr. Speaker, in the interests of full accountability —
and I know that the government will want to let the sun shine
in, as they have indicated on so many other occasions — that I
have presented this bill which is
an Act to Amend the Public
Bodies Information Act. I have no doubt that the government
will, in the interests of fair play and honesty, show no
hesitation in accepting its principle and adopting this
bill.
MR. G.S. WALLACE (Oak Bay): Don't hold your breath.
MR. McCLELLAND: I would like to move second reading, Mr.
Speaker.
MR. SPEAKER: I would like to ask a question of the Hon.
Member for Langley, dealing with his bill. The wording is a bit
uncertain when you read the words "formed under the authority
of the...." Then it cites certain Acts — Farm Income
Insurance Act, Medical Services Act, Agricultural Credit Act.
But if you read further down, you get into some difficulty in
understanding. It says: "...formed under the authority of
the South Peace Hydro Products, formed under the authority of the
Pacific Poultry, formed under the authority of the Kootenay
Forest Products, and formed under the authority of the Panco
Poultry," well, of course that doesn't read properly,
does it? Would the Hon. Member like the
[ Page 2832 ]
matter deferred until he could, perhaps, amend those
sections?
MR. McCLELLAND: Well, I'd be happy to submit amendments, Mr.
Speaker. It may be just a little difficult to read.
MR. SPEAKER: It is not that. It's not only difficult to
read, it would be out of order if it isn't comprehensible.
MR. McCLELLAND: Oh, well, it's certainly comprehensible.
"The Plateau Mills Co. Ltd." — what's wrong with that? I can
understand it; I'm sure the people of British Columbia could
understand it.
MR. SPEAKER: It is not a question of that.
MR. McCLELLAND: I think that's the important thing, Mr.
Speaker. But yes, I would be happy to defer because if that's
the only grounds....
MR. SPEAKER: No, there are other grounds. May I go on to the
second....
MR. McCLELLAND: If you rule my bill out of order I think I
have achieved some kind of record, and I would be glad to defer
it....
MR. SPEAKER: May I go onto the second point? The second
point I am trying to consider is: the Crown itself cannot have
any burden or duty imposed on it by a private Member without
authority from the Crown itself. That's one point.
The second thing is: an agency of the Crown, such as a Crown
corporation or company that is owned by the Crown, similarly,
cannot have a duty imposed on it, any more than can the Crown,
according to our authorities here. So you get into this
difficulty — are these all Crown agencies or corporations?
MR. McCLELLAND: Sure.
MR. SPEAKER: You are saying "sure." They are? I'm asking for
the information from you.
MR. McCLELLAND: I thought I made it very clear that the
agencies to which I refer, and the commissions and boards, are
directly under the umbrella of the provincial government in one
way or another.
MR. SPEAKER: I would like to consider this. I would ask that
any decision on this matter be deferred until I have had a
chance to look at it more fully, because there are decisions of
this House that would rule them out of order where.... Would
the Hon. Member adjourn the debate on this, please?
MR. McCLELLAND: Yes. Mr. Speaker, I would like to move that
the debate on this bill be adjourned until the next sitting of
the House after today.
Motion approved.
HON. MRS. DAILLY: Mr. Speaker, I would like to move that we
proceed to committee on public bills and orders.
MR. SPEAKER: I think the rule here is that on private
Members' day, when you go into public bills and orders, you go
through the list of public bills in the hands of private
Members. I have several authorities that indicate that that is
the rule unless there is some supervening priority precedence
matter. The only precedence matter that we have would be
estimates. So the question is whether the House wishes to
proceed further on public bills in the hands of private Members
or go on to public bills in the hands of government
Members.
HON. MRS. DAILLY: Question on the motion. I made a
motion.
MR. SPEAKER: Shall leave be granted that we proceed to
public bills in the hands of the government?
MR. WALLACE: It's already been denied.
MR. SPEAKER: You denied it? Okay, I just wanted to know. So
we will have to continue with....
HON. MRS. DAILLY: You cannot have a division on that
motion?
MR. SPEAKER: No, it's a matter of leave. It's private
Members' day.
Interjection.
MR. SPEAKER: Yes, I asked for leave and it was denied.
Interjections.
MR. SPEAKER: I understood that there was some arrangement
made, and I would like to know whether the agreement is being
honoured or not.
MR. WALLACE: On a point of order, Mr. Speaker, perhaps I can
clarify the situation. I, for one, have not been consulted
about any arrangement with the Whips, and I was the person who
said no when leave was asked to proceed further. But if I am
the only one in the House opposed to the idea, I
[ Page 2833 ]
would like to withdraw my opposition and grant leave.
MR. SPEAKER: Thank you.
HON. MRS. DAILLY: Thank you very much, Mr. Member.
Committee on Bill 19, Mr. Speaker. Then we will go on down
the list.
PACIFIC NORTH COAST NATIVE
CO-OPERATIVE LOAN AMENDMENT ACT, 1975
The House in committee on Bill 19; Mr. Liden in the
chair.
Sections 1 to 2A approved.
Title approved.
HON. N. LEVI (Minister of Human Resources): Mr. Chairman, I
move the committee rise and report the bill complete without
amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 19, Pacific North Coast Native Co-operative Loan
Amendment Act, 1975, reported complete without amendment, read
a third time and passed.
HON. MRS. DAILLY: Mr. Speaker, I said that we would go in
order but, as a couple of the Ministers had to slip out, I
would like to move to Bill 76 until they return.
LEGAL PROFESSIONS
AMENDMENT ACT, 1975
The House in committee on Bill 76; Mr. Liden in the
chair.
Sections 1 to 8 inclusive approved.
section 9.
MR. G.F. GIBSON (North Vancouver–Capilano): I would just
like to ask the Attorney-General why
section 40 is being
repealed.
Interjections.
HON. A.B. MACDONALD (Attorney-General): Do you want to come
back to that section?
MR. GIBSON: Fine.
MR. CHAIRMAN: Do you have a point of order, Hon. Member for
North Okanagan?
MRS. JORDAN: In regard to the
section that the Hon. Member
for North Vancouver–Capilano mentioned, I would suggest with
all due respect to the Chair that this is a matter that the
Attorney-General is prepared to answer. If he needs further
information, we should recess the House until such time as he
is prepared....
MR. CHAIRMAN: I think the Member agreed to get his answer
later.
HON. MR. MACDONALD: It isn't that.
MRS. JORDAN: It's a matter of the House's business, not a
Member's business.
MR. CHAIRMAN: I think he agreed to get his answer later.
HON. MR. MACDONALD: Mr. Chairman, I'd be glad if the
committee agrees to go back to
section 9 to answer the
question. This is to do with articled clerks. In earlier
sections of the Act, there is a change in name, and their
duties are spelled out elsewhere in the Act and their
obligations and so forth. The
section just drops because it's
no longer useful.
Sections 9 to 17 inclusive approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 76, Legal Professions Amendment Act, 1975, reported
complete without amendment to be considered at the next sitting
of the House after today.
HON. MRS. DAILLY: Committee on Bill 29, Mr. Speaker.
CORPORATION CAPITAL TAX
AMENDMENT ACT, 1975
(continued)
The House in committee on Bill 29; Mr. Liden in the
chair.
section 5.
[ Page 2834 ]
HON. MR. BARRETT: Yesterday I was asked two questions
related to this section. I'd like to inform the Member (Mr.
Gibson) who asked me that additional revenues for the year
1975-76 will be $1,500,000, the small businesses will save
between $750,000 to $1 million, and the amendment eliminates
10,000 small businesses from paying taxes under this bill.
MRS. JORDAN: Why did you put those 10,000 businesses in a
tax position in the first place?
SOME HON. MEMBERS: Oh, oh!
HON. MR. BARRETT: No comment.
Section 5 approved.
Title approved.
HON. MR. BARRETT: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 29, Corporation Capital Tax Amendment Act, 1975,
reported complete without amendment, read a third time and
passed.
HON. MRS. DAILLY: Mr. Speaker, committee on Bill 68.
INSURANCE CORPORATION OF BRITISH
COLUMBIA AMENDMENT ACT, 1975
The House in committee on Bill 68; Mr. Liden in the
chair.
Section 1 and 2 approved.
Title approved.
HON. MR. STRACHAN: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 68, Insurance Corporation of British Columbia Amendment
Act, 1975, reported complete without amendment to be considered
at the next sitting of the House after today.
HON. MRS. DAILLY: Committee on Bill 69, Mr. Speaker.
AUTOMOBILE INSURANCE
AMENDMENT ACT, 1975
The House in committee on Bill 69; Mr. Liden in the
chair.
Section 1 and 2 approved.
section 3.
HON. MR. STRACHAN: I move the amendment standing in my name
on page 20 of orders of the day, amending
section 3 of this
bill.
Amendment approved.
section 3 as amended.
MR. H.W. SCHROEDER (Chilliwack): On
section 3 as amended,
with the figures still remaining at $250, is there anything in
the amended
section that will make it very clear that the
amount of dollars to be. recovered will be those dollars over
$250 without respect to the amount of damage done to the
automobile? Let me explain what the question is. For instance,
the practice in the past has been that if damage to an
automobile — hit-and-run or parking lot damage — was over the
limit, and the limit was $200 before, then the corporation paid
the entire amount. However, if the damage happened to be $195,
then the owner paid the entire amount. What is the plan going
to be now under
section 3 as amended?
[Mr. G.H. Anderson in the chair.]
HON. R.M. STRACHAN (Minister of Transport and Communications): First
of all, the amendment was designed to make it very clear that the deductible
did not apply to physical damage to the individual. There was a difference of
opinion among lawyers, and one of them thought it might have applied to physical
damage to the individual. The amendment is simply to make it clear that any
limitation only applied to damage to the vehicle.
Section 3 as amended makes it very clear that the corporation will accept responsibility
for the damage above the deductible, whatever the deductible happens to be.
This is a vast improvement over the situation where there was a hit-and-run
driver. Previously, there was absolutely no compensation if the hit-and-run
driver had never been identified. It's a vast improvement, and this is simply
clarifying it and rationalizing it and bringing it into a reasonable procedure.
[ Page
2835 ]
Section 3 as amended approved.
Sections 4 to 7 inclusive approved.
section 8.
MR. SCHROEDER: This is a question of the registration of the
vehicle. Are we to understand after this amendment that the
registration is going to be clearly separated from the issuance
of licence? Up until now, the registration was a form which was
carried usually in the motor vehicle, which was the paper
licence. It was the form which represented not only the fact
that the automobile was registered in some owner's name but it
was in essence the indication of a licence to operate, in
addition to the plates or the decal.
Is it clearly understood in the statutes now that this
registration referred to in this
section is not a licence to
operate but is simply some list on some registry known
otherwise than the registration before? Is it spelled out
clearly? If not, then the concept first espoused by this
Minister that said under this insurance plan that if there was
no licence there would be no insurance, and if there was no
insurance there would be no licence.... We need to be very,
very sure that this registration does not refer to that
licence.
HON. MR. STRACHAN: The registration is a certificate of
proof of ownership of that vehicle. The licence plate and the
decal and so on are proof that that car is entitled to be on
the road. And that is the difference between the registration
and the other factor. This allows us to maintain the
registration and the other factor. This allows us to maintain
the registration and the record of who owns that vehicle.
Whether or not it should be on the road is entirely different
legislation.
That is all this does. I can assure you that there is this
separation.
Section 8 approved.
section 9.
MR. GIBSON: Mr. Chairman, I want to express some concern about
section
9, particularly part (
b) of
section 9. The purpose of this provision, I imagine,
is to provide for payments in cases where equity demands such payments and where
the regulations or rules of the corporation wouldn't otherwise make it possible.
I imagine that is the intent. But the effect of the words also would allow the
corporation to make payments in a way which could not be justified in cases
where the corporation really might just be getting into a boondoggle and making
considerable overpayments for one reason or another, I am not speculating that
the present management of the corporation would do this or anything like it.
What I am suggesting is that there should be a check on this
section by providing that any payments made under the authority
of this
section should be published in the B.C. Gazette .
An amendment I would like to move would be adding to the end of
subsection (
b) the words "...and publishing notice of any
action taken under this authority in the B.C. Gazette ."
Before moving that amendment, Mr. Chairman, I might say that I
have some doubts as to whether it is in order unless it is
accepted by the Crown. To that end, I sent notice of this to
the Minister two or three days ago, and he may perhaps have
some view on that.
HON. MR. STRACHAN: The Member did send me a copy of this
proposed amendment. I got to it this morning. I have asked for
comment on it. I am not prepared to accept it at this time, but
certainly I will consider its implications for future action. I
am reluctant to accept an amendment without having fully
checked it out. I have been through that once already and
discovered it opened doors we hadn't realized it would open. On
that basis, while rejecting the amendment, I can certainly
assure the Member I will take a good look at it.
I have already indicated publicly many times that the reason
for this
section is to avoid the sort of situation that
happened three years ago when the present Premier was ordered
out of the House because of the iron-clad terms of a contract
that did not allow an insurance company to follow through on
natural justice. That was why, when we wrote the legislation, I
insisted there be the right in there. Let me assure you it
comes to the board of directors. It is not just an automatic
thing; it comes to the board of directors and we stand behind
any decision we make.
I will certainly examine your amendment. Although I don't
accept it at this time, it doesn't mean I am turning it
down.
MR. WALLACE: You're becoming very conservative, Bob.
HON. MR. STRACHAN: I'm learning.
MR. CHAIRMAN: In response to what the Hon. Minister said,
will the Hon. Member withdraw the amendment?
MR. GIBSON: I will indeed. I appreciate what the Minister
said and the consideration he has given this. I just ask him if
he could clarify what he means by some future action. What kind
of time frame does he have in mind?
HON. MR. STRACHAN: The next time there are a
[ Page 2836 ]
series of housekeeping amendments coming up, I will
certainly have a look at that one before that time.
Section 9 approved.
section 10.
MR. WALLACE: Mr. Chairman,
section 10 refers to an addition
section 46A and it deals with the corporation's capacity to
write special policies, as it were, where the regulations don't
seem to cover the policy applied for. In this addition for that
kind of service, I would like information as well as to
comment. The
section reads: "...the corporation may
prescribe the commissions to be paid to its agents as
remuneration for their services to the corporation respecting
insurance transactions conducted under this section."
First of all, I gather that
section 46A provides for a
rather unique kind of policy or a policy which differs in
specific details from the general applications for the various
classes of vehicles. Otherwise, why have this
section in here
in the first place? If that is the case, I would like to know
how much might be involved by the agent in dealing with such a
policy, drawing up a policy or amending it or whatever is
involved. That would be my question.
My comment would be that this seems to give the arbitrary
power to the corporation to tell the agent what he will get
paid. For a government that believes in collective bargaining
and the fact that there are two sides to every argument, I read
into this amendment that the corporation shall tell the agent
what he shall get for this service he renders in the drawing up
of this particular type of policy.
I know the Minister has commented earlier on, and I think in
second reading the Minister commented that of course it would
be done after discussion with the agents. If past record is
anything to go by, I am not so sure that the agents would feel
very happy with that kind of arrangement whereby they sit down
and discuss it with the Minister and then the Minister tells
them what their commission will be.
I would wonder if the Minister could answer these two
points: how complicated might the service be, and to what
degree is the agent going to have elbow room to really
negotiate what the commission is worth?
HON. MR. STRACHAN: The Member made some general comments
about relationships with the agents. He may not have been in
the House the other day when I spoke on Bill 68 and read from
the speech given by Mr. Hamilton, the president of the agents'
association, at the meeting on May 5. If he was not in the
House when I read that, then I suggest he check Hansard
of two or three days ago, when they outlined their attitude
towards ICBC and what has happened.
There were and have been discussions between the agents and
the corporation. We have an individual contract with each
agent. Despite that contract, we have on three or four
different occasions, after discussion, even added and increased
the amount of money that was being paid to the agents for
different kinds of work. Every company has the right to
determine what salaries and/or commission it will pay its
agents. It is naturally and can be subject to negotiation.
The explanatory notes that I asked for, and which are
indicated briefly here: "...that the need for this
flexibility in the handling of the multi-faceted aspects of
commercial and industrial automobile insurance lines indicates
the desirability of having this flexibility."
Some of the vehicles are very, very expensive vehicles, and
there is the examination of them. Some of them are fairly
straightforward, even though they are very expensive. Yet there
is such a variety of vehicles it is almost impossible to
classify every single instance. So this is to give the
flexibility to make a fair commission without, at the same
time, forcing the corporation to pay what would be, in essence,
an exorbitant amount of money for the time taken to do a
particular job because of the value of the vehicle, an
extremely high value in some of these vehicles. It's a two-way
thing.
MR. WALLACE: Could I just ask the Minister if in preparing
this amendment he discussed the matter with the agents? Are the
agents or the representatives happy with the wording of this
amendment? Putting it another way, has he had any complaints as
to the amount of discretion to the corporation, which this
amendment appears to allow, in the setting of the
commission?
HON. MR. STRACHAN: I have had no complaints from the agents
about the vehicles that are referred to.
MR. WALLACE: No, not the vehicles.
HON. MR. STRACHAN: Nor on the commission paid on the
vehicles referred to.
MR. SCHROEDER: Perhaps this entire
section would be more
acceptable to the agents if, rather than the word "prescribed"
the word "negotiate" were there. It would not only leave the
door open to negotiation, but it would also present a far more
flexible attitude on the part of the corporation — "negotiate"
the commissions to be paid. Not only would it give it a better
face as of right now, but it would not have to be changed,
then, a little later on if and when agents happen to be
certified as a bargaining unit, and an amendment would have
[ Page 2837 ]
come in at the time.
Would the Minister consider an amendment that would use the
word "negotiate" rather than "prescribe"?
HON. MR. STRACHAN: If the agents ever get themselves into
that position, then there are a whole variety of things that
would have to be changed. If that situation comes about, then
I'll look at your suggestion. A whole variety of situations
would have to change before the agents could be in that
position.
Section 10 approved.
section 11.
MR. SCHROEDER: Could the Minister tell us whether or not any
payments payable under the Traffic Victims Indemnity Fund and
the responsibility assumed by the corporation has been made?
Have any of these payments been made to date?
HON. MR. STRACHAN: Yes, quite a number have been paid. Some
of them are in the process of being certified and checked out
in accordance with the responsibility which I voluntarily
accepted by introducing the legislation I did last fall. I
think about one-third of the claims have been paid and the
others are on the way. That's the information I had about a
month ago.
MR. SCHROEDER: Could we have the date of the first
payment?
HON. MR. STRACHAN: I would have to check that out, but I'll
get it for you.
MR. SCHROEDER: You don't have it right there?
HON. MR. STRACHAN: No, I haven't.
Section 11 approved.
Sections 12 and 13 approved.
Title approved.
HON. MR. STRACHAN: Mr. Chairman, I move the committee rise
and report the bill complete with amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 69, Automobile Insurance Amendment Act, 1975, reported complete with
amendments to be considered at the next sitting of the House after today.
HON. D.G. COCKE (Minister of Health): Mr. Speaker, committee
on Bill 79, please.
PERSONAL INFORMATION REPORTING
AMENDMENT ACT, 1975
The House in committee on Bill 79; Mr. G.H. Anderson in the
chair.
Sections 1 to 7 inclusive approved.
Title approved.
HON. P.F. YOUNG (Minister of Consumer Services): Mr.
Chairman, I move the committee rise and report the bill
complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 79, Personal Information Reporting Amendment Act,
1975, reported complete without amendment, read a third time
and passed.
HON. MR. COCKE: Committee on Bill 88, Mr. Speaker.
TRADE PRACTICES AMENDMENT ACT, 1975
The House-in Committee on Bill 88; Mr. G.H. Anderson in the
chair.
Section 1 approved.
section 2.
HON. MS. YOUNG: Mr. Chairman, I move the amendment standing
under my name on the order paper. (See appendix.)
Amendment approved.
Section 2 as amended approved.
section 3.
HON. MS. YOUNG: Mr. Chairman, I move the amendment standing
under my name on the order paper. (See appendix.)
Amendment approved.
Section 3 as amended approved.
[ Page 2838 ]
Sections 4 to 15 inclusive approved.
Title approved.
HON. MS. YOUNG: Mr. Chairman, I move the committee rise and
report the bill complete with amendments.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 88, Trade Practices Amendment Act, 1975, reported
complete with amendments to be considered at the next sitting
of the House after today.
MRS. JORDAN: Point of order, Mr. Speaker. I realize that
it's unusual, but I was out of the House doing a radio
interview just outside in the corridor when Bill 79 was called.
The Hon. House Leader is aware that I have amendments on the
order paper. It has been a little difficult this afternoon
because the House Leader, with the consent of the House, has
been jumping around in calling the bills owing to certain
Ministers being out of the House.
MR. SPEAKER: Are you referring to a bill that's been already
passed?
MRS. JORDAN: Yes, Bill 79, and I wonder if the Minister
....
MR. SPEAKER: I don't think it would be regular once it has
been proclaimed by the Speaker as having been passed as
an Act.
I don't think we can then march backwards. It would be
different if an order could be discharged, but we have gone
past that stage to the point that it is
an Act of the
Legislature at this moment.
MRS. JORDAN: I appreciate your ruling and I accept it. But I
must express disappointment that the House Leader would move in
this direction when, with the consent of the House, we have
been allowing her to call bills out of order owing to Ministers
being out of the House at various times. I had no idea she was
calling it at that moment. I was only out about three
minutes.
MR. SPEAKER: It is regrettable, but nothing can be done
about it.
HON. MRS. DAILLY: That's what I say. I have no objections,
but if it can't be done according to the rules of the House, I
guess we can't. But I have no objection if there were a way to
have it done.
MR. SPEAKER: I am afraid it can't, because it is not the same as asking
leave of the House to discharge an order. It's gone beyond that. We have actually
proclaimed it as having been enacted, and all it requires now is the consent
of the Lieutenant-Governor.
HON. MRS. DAILLY: Committee on Bill 91.
HOSPITAL AMENDMENT ACT, 1975
The House in committee on Bill 91; Mr. G.H. Anderson in the
chair.
Sections 1 and 2 approved.
section 3.
MR. WALLACE: Just a brief comment. I think this is a good
attempt in this
section to define personal care. One of the
problems we are getting into more and more is the multiplicity
of terms that are being used to describe levels of care. Since
it is extremely important that we get the idea across to the
community, and certainly to everybody involved in the health
field, that there are indeed levels of care which require
greater or lesser degrees of skilled professional involvement,
the sooner we do that the better.
The Minister is preoccupied at the moment. I just wanted to
ask him a question regarding the new definition in
section 3.
It's very obvious — or at least I think it's obvious — if you
read it word for word that there is a great effort there to
exclude any suggestion of medical or nursing care in the terms
"non-professional care and supervision" and "a planned
programme of social and recreational activities." I just wanted
to be clear in my own mind that in this definition the Minister
is making it very clear that we are referring to people who in
no way, shape or form require nursing or physician care
regardless of where it's provided. I'm trying to clarify what
you mean by "personal care," especially when we have
already discussed a big segment of intermediate care of which
this really is a part. I wonder if the Minister could either
confirm or correct me in my understanding that this definition
is specifically put in here in these words so as to relate it
to a person who requires neither nursing nor physician
care.
HON. MR. COCKE: Mr. Chairman, as you know, some time ago we
delineated the levels of care. What we wanted to do was make
sure that there is no misunderstanding. The Member for Oak Bay
has it quite right; the personal-care level does not require
any form of medical or nursing care on an ongoing basis. Mr.
Member, you're a doctor. But aside from that, it's to make sure
that they are sorted out.
[ Page 2839 ]
The next level of care up is intermediate care. That's an
additional level of chronic care that we have discussed many
times in this House. Then, of course, comes extended care,
rehabilitation, acute care and so on. So just to make sure that
there is no misunderstanding, I think it was time that it was
in the Act and properly designated.
Section 3 approved.
Sections 4 to 7 inclusive approved.
section 8.
MR. WALLACE: Just a brief comment. I can see the purpose in
this. The
section says that an apparently dead person shall not
be removed from a licensed hospital until a medical
practitioner has certified that the person is actually dead. I
just would like to make the passing comment that while I see
the obvious wisdom in this, I hope the legislation is not
interpreted by some hospitals that the apparently dead person
shall be examined forthwith by the physician to certify that
the person is dead. I've certainly been phoned in the middle
hours of the night by private hospitals where the deceased
person was known to be on the verge of eternity and they wanted
me to go and certify at 3:30 in the morning that the patient
finally expired.
I think that while it certainly doesn't imply in this
section that it should be forthwith, I wonder if the Minister
would consider whether some instructions to hospitals or
regulations or otherwise could just clarify the point that it
doesn't necessarily mean that a medical practitioner the very
next minute, regardless of whether it's day or night, should
immediately abandon what he is doing to go and clarify that the
apparently dead person is really dead.
HON. MR. COCKE: Mr. Chairman, the reason I introduced this
particular
section was that it was brought to our attention
that a deceased body was turned over to an undertaker prior to
a certification of death by a medical practitioner. As far as
I'm concerned, that's not good enough. I'm not suggesting what
time the doctor should be called or who should call him or
whatever, but that person should not be removed and turned over
to an undertaker until such time as there is that kind of
proper declaration. So it's now in the Act and that's it.
We can work towards seeing to it that sense, not nonsense,
is done around it. But we have to have this
section in the Act
for that purpose.
MR. WALLACE: Yes, I couldn't agree more. I just wanted to make the point
that the principle the Minister is espousing is sound; I am sure all the medical
profession would say that. But I hope the Minister in his capacity, not necessarily
by amendment or even by regulation, could perhaps circulate to the hospitals
that this is not intended to be some authority to hospitals in a pre-emptory
way to demand that a physician immediately go and certify that some.... It
might be necessary to go immediately, but in some cases, particularly with the
chronic hospitals, it is not necessary. Physicians have enough demands on their
time and interruptions of their sleep that it seems to me unreasonable that
that
interpretation might be placed on the amendment by the hospitals.
Section 8 approved.
Sections 9 to 11 inclusive approved.
section 12.
MR. J.R. CHABOT (Columbia River):
Section 12 appears to me,
from my cursory examination, to substantially strengthen the
position of the public administrator in the management of a
hospital that encounters, or runs into certain difficulties.
I'm wondering if the necessity of changing
section 44 of the
former Act to suggest "notwithstanding the Societies Act, and
the Companies Act or any other Act," is caused by the
difficulties that has been experienced by the hospital board in
the community of Fernie.
I notice this morning, when reading the latest
orders-in-council, that there has been a re-appointment of the
public administrator, Mr. Howard, to administer the affairs of
the Fernie Memorial Hospital Society. His appointment has been
ongoing for some considerable period of time, and I'm wondering
what really is causing the difficulty in that community.
I have been approached by members of the board of that
hospital, as well as the chairman, who have recounted to me
very strange activities taking place in the hospital, which I
am not about to relate at length at this time. It's my
understanding from meeting with these people, and from their
background, that the people who resigned from the hospital
board were very concerned, community-oriented people.
[Mr. Dent in the chair.]
In fact, the chairman was decorated by the Governor-General of this country
with the Order of Canada for his activity in community affairs over the years.
This honour was bestowed upon him for his great contribution, and now he finds
himself in a conflict situation where he's been forced to resign as chairman
of the hospital board in Fernie. He didn't do this lightly; it wasn't done lightly.
It was a conflict
[ Page 2840 ]
between the administrator and the board, and four or five of
the hospital members have resigned over this problem. We notice
now that the problem is ongoing. There have been notices placed
in the newspapers in the community of Fernie by a nominating
committee and Mr. Howard, the public administrator of the
hospital. In fact, a recent letter has been sent to the
Minister regarding the powers of the public administrator in
that community, which should be read into the record. It was
dated May 12, in Fernie. It says:
"To the Hon. Minister of Health:
"Please find enclosed notices from the Free Press ,
May 7 edition. As you must be well aware, there has been much
controversy with regard to the Fernie Memorial Hospital. We,
the hospital society members, are now faced with a new and
interesting situation: a nominating committee. We are asked to
offer names to a group of people whose function, it seems, is
to sort the wheat from the chaff and present only those names
they deem suitable. By whom are these people who may stand for
election judged? Where did this nominating committee come from?
There's no indication in the ad, which I have before me, of who
this nominating committee is.
"The issue of the resigned members was cut-and-dried out of
Victoria before they were done the courtesy of an interview. Is
this the last step to the final coat of whitewash? I personally
resent the patronizing and arrogant attitude this government
has adopted. If this is indeed not the case, kindly correct my
impression.
"Yours truly, Mrs. Tremmie Yourchek."
Now Mrs. Yourchek was a former member of the hospital board
in the community of Fernie. The government representative, as
well, has resigned from the board.
This is all that the former members have been asking for:
they've been asking that the Minister concern himself with the
problems surrounding the hospital that are being experienced in
that community. They've asked for a public inquiry, and that
public inquiry has not been forthcoming. That's all they ask.
They want their names cleared — people who've made a great
contribution to the community of Fernie and other communities
before. I think the Minister, if he has any reports on his
investigation of the problems surrounding the administration of
that hospital, has a responsibility to these people who have
offered their services over the years on that hospital society,
and to give them the benefit of the findings of any public
inquiry that might have taken place.
HON. MR. COCKE: Mr. Chairman, I have to say that I'm nothing less than
shocked at that kind of speech. I would suggest, in the first place.... Let's
just take the first premise.
MR. CHABOT: Stay with the facts as I told them to you.
HON. MR. COCKE: Let's take the first premise that the Member
for Columbia River came up with. He said, for instance, that
the new subsection is tougher. Let me tell you about the new
subsection. You know what it says? It says that the public
administrator may be given complete control over a hospital
society. The old subsection said it was mandatory. What we're
trying to do is make the kinds of transition situations
available.
MR. CHABOT: Notwithstanding the Societies Act and the
Companies Act.
HON. MR. COCKE: What are we doing now, Mr. Chairman, in
Fernie? A hospital board quit. A hospital board resigned.
Fortunately, we had this
section in the Act, which needed some
improvement in wording. If the Member was here yesterday, it
was fully discussed. But we've improved the wording and
provided a transition from the administrator back to the
society.
The Member said: "Who is this sinister nominating
committee?"
MR. CHABOT: I used the word "sinister"?
HON. MR. COCKE: Yes. Well — "Who is this nominating
committee?" I'll try to use your kind of expression. The local
hospital society in Fernie elect a nominating committee who in
their own town nominate members for the board.
We hope that they can get back. We haven't manpower enough
to be running hospitals around this province in BCHIS. Mr.
Howard is needed elsewhere. But, Mr. Chairman, when a hospital
board resigns, when they're having personality problems and
other problems, then it's necessary that someone run that
hospital. It's been run by Mr. Howard for the last few months.
Now we have passed an order-in-council making a transition back
to the hospital board, once it's elected. Pure and simple.
MR. CHABOT: Mr. Chairman, just a few words regarding the
Minister's statement. This nominating committee — and I'm not
going to use the word "sinister"; that's not my type of
language. I don't use those kind of inflammatory statements.
But certainly I put some emphasis on this nominating
committee.
Why is it necessary to have a nominating committee to
personally select those people they feel — "desirable", might
it be? — to be members of the
[ Page 2841 ]
hospital board, to stand for the hospital board? Why can't
there be elections held by the members in good standing of that
hospital society, as is done everywhere else in the province?
That's the way they're done.
One other question which I put to the Minister and which he
hasn't responded to was the fact that the former members of the
hospital board of that community, including your nominee and
political sympathizer, had resigned in disgust, Now what's
taken place in that hospital? Certainly there is justification
for some kind of an inquiry. Why can't there be a public
inquiry relating to the problems being experienced in that
community surrounding that hospital?
HON. MR. COCKE: Well, Mr. Chairman, that knowledgeable
Member for Columbia River says that nominating committees are
unique or rare. I have yet to encounter a hospital in this
province whose society does not have a nominating committee.
Now if you've got one in Golden or Invermere, that's rare; not
this particular method.
Interjection.
HON. MR. COCKE: All right. Then in that case, why are you
speaking so frivolously? Because it does not occur that
way.
MR. CHABOT: Oh, come on.
HON. MR. COCKE: It occurs that hospital societies have
nominating committees who go out and find out from among their
members who is willing to stand. A rather usual procedure. So
that's taken care of.
As far as the hospital was concerned, we sent our
administrator, one of our first-rate administrators from BCHIS.
He informed us there was no need for an inquiry. The major
problem in that hospital was a personality problem. Therefore
it would iron itself out as people got to know the facts
better. Now, I don't understand that there is any problem with
respect to patient care. As Minister of Health that's my job:
to see to it that patients get the best of care that the system
can provide. My understanding is, from an old-time member of
the B.C. hospital insurance group, that that hospital is
providing good patient care.
It's up to the society to put themselves together in such a
way that they can come back and run that hospital in the way it
should be run — not with spite but with proper dedication to
the delivery of health care.
MR. CHABOT: One further question, Mr. Chairman. The Minister said he's
received a report from the public administrator that recommends no public
inquiry. On the basis of that report, is the Minister going to
deny the request of the former members of the hospital board
from having this inquiry which they have been requesting for
some considerable period of time?
HON. MR. COCKE: Yes.
Section 12 approved.
Title approved.
HON. MR. COCKE: Mr. Chairman, I move that the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 91, Hospital Amendment Act, 1975, reported complete
without amendment, read a third time and passed.
HON. MRS. DAILLY: I ask leave of the House to permit debate
in Committee of Supply for this afternoon's sitting.
Leave granted.
The House in Committee of Supply; Mr. Dent in the chair.
ESTIMATES: DEPARTMENT OF HEALTH
(continued)
On vote 89: community services, $4,375,734.
MR. CHAIRMAN: I recognize the Hon. Member for South Peace
River. Are you just sorting your mail or are you going to
speak?
MR. D.M. PHILLIPS (South Peace River): No, I am trying to
find some notes that I had here. Things move rather swiftly in
the House for a change. I certainly don't want to change that,
Mr. Chairman, but I just want to ask the Minister of Health a
couple of questions.
He informed me this morning, if I heard him correctly — I am
sure I did but I would like the Minister to inform me if I
didn't hear him correctly — that there is no problem with funds
for mental health care. The problem was to get personnel. I'll
just sit down and let the Minister inform me if I am right.
HON. MR. COCKE: Mr. Chairman, I understand all the positions
in the unit are filled, The funding
[ Page 2842 ]
that you find there is just for that number of people. In
the past, there has been a problem with respect to manpower,
and that's it. That funding that you see is just for that
number of people.
MR. PHILLIPS: Mr. Chairman, the Minister informed me the
budget was cut down from $137,142, which was to include
payments for existing staff and an increase in staff of one
clinical psychologist with a PhD, two psychiatric social
workers and four psychiatric nurses. The budget was cut down
from $137,142 to $72,896. I ask the Minister why the budget was
cut down. There again, I believe I heard the Minister say
correctly that the budget was cut down because personnel were
not available to fill these positions.
HON. MR. COCKE: In general, yes.
MR. PHILLIPS: Is that the case? Why did you cut the budget
down?
HON. MR. COCKE: Mr. Chairman, obviously you have picked up a
budget request from a particular area. That is the budget at
this point. You say it is cut down. That is not to say that we
haven't flexibility within this vote to increase it. But I am
not going to debate here a policy that is going on between the
mental health branch and one of its community health
centres.
I say that, generally speaking, in the northern areas, there
has been a difficulty in acquiring manpower. I suggested this
morning that the likelihood is that it was recognized that
staff wouldn't be available in any event to match the requests
from that particular community mental health centre. But then I
went on to say that we are looking at ways of dealing with the
north through using various alternatives. I just didn't want to
suggest what those were at the present time because, after all,
I don't want any of the alternatives to disappear from under my
feet.
But, in any event, that is the number of staff who are last
year's complement with the increases in salary.
MR. PHILLIPS: Maybe I can help the Minister because Dr.
DeWitt, the psychiatrist in the area, has made contacts. I have
the names of two persons who have their PhDs in clinical
psychology who are willing to work in this area. This is why I
am so concerned about this. The situation is critical in that
area, very critical. I have correspondence here on the recent
death of a woman with four children strictly because she didn't
have sufficient health. It was a suicide. These situations are
cropping up.
All I am saying to the Minister is, if it is a case of money, that is one thing.
But here are two people, one from Richmond and the other from Kodiak, Alaska,
both of whom have their PhDs in clinical psychology. They are available and
they will go to that area to work.
I would be quite happy to supply this information to the
Minister if he will give me his assurance that he will take a
look at this budget, because the situation is really critical
up there.
HON. MR. COCKE: Mr. Chairman, I certainly would give that
kind of commitment, and I would have given that commitment had
the Member approached me personally in my office or in the hall
at some time or another on this question.
It is very difficult for me to stand here in this House....
As you know, we have well over 5,000 people in the mental
health service. It's very difficult just to be able to pull out
of a hat numbers for specific areas. I haven't even heard, nor
has my senior Deputy, of this particular situation and that
availability of staff. So I would be only too happy to discuss
it with you.
MR. PHILLIPS: I appreciate this. I did bring it up once
before under your salary vote, and you said it was a situation.... This information...well, I won't say it just arrived,
but it did get misplaced on my desk. I'll certainly supply you
with the information, and I appreciate you making that
commitment — I don't want to be critical. As I say, I am
concerned about what's happening there. All I want to do is see
that the situation is alleviated. I'm not, by any stretch of
the imagination, Mr. Minister, trying to make political hay out
of this very, very critical situation. I will certainly provide
you with the information. I appreciate your frank comments.
MR. CHABOT: Just one brief question on a matter I raised
before with the Minister regarding the mental health services
being provided to the community of Revelstoke and the community
of Golden.
Now it was my understanding from correspondence from the
administrator of the Queen Victoria Hospital in the community
of Revelstoke that there had been severe restrictions, that no
longer were the mental health workers travelling into that
community to provide the services. Whether this was a
misunderstanding I don't know, but it was his understanding
that it was because of budgetary restrictions, that it no
longer was possible to provide this service.
Just a few moments ago the Minister suggested that there
were ample dollars to provide services; it was just a matter of
being able to engage professional personnel. The Minister did,
after some considerable time, reply to the administrator of the
hospital suggesting that the Vernon Mental Health Centre
[ Page
2843 ]
would reinstate the services to the community of Revelstoke,
and that they would travel again.
I'm wondering if the cause of the cutback of those services
to the community of Revelstoke and Golden was really budgetary
problems in the department, because the Minister has given us a
clear indication that there are no budgetary problems in the
field of mental health.
MR. WALLACE: Very briefly, Mr. Chairman, I did raise the
same kind of problem in the Skeena riding, specifically in the
City of Kitimat. I wonder if the Minister could tell us whether
advertisements are appearing in the journals of an increased
complement in terms of psychiatric social workers or
psychiatrists or that kind of personnel, because I think the
opposition Members are still not certain as to whether there is
a complement agreed to as to the kind of skilled personnel
required but unavailable, and that simply because you may need
five personnel and you can only get three, you set the budget
for three. That makes a lot of sense, but we are concerned over
here that something is being done in a positive way to get the
personnel that are required. I wonder to what degree the
Minister or the department concerned has advertised and failed
to find the personnel.
The people up there in Skeena are like the people, I guess,
in Peace River. They are very anxious to know if it is money or
lack of personnel. If the personnel can be found, will the
Minister provide the salaries?
HON. MR. COCKE: Mr. Chairman, naturally there is a
last-dollar syndrome in everything we do, and certainly this is
a very important area. But let me tell you about some of the
advertising that's gone on over the years. There's been a great
deal for the type of people you described.
Now I remember the last time I was in the Peace River, up in
that country represented by the Hon. Member (Mr. Phillips) that
spoke just before the Member for Columbia River (Mr. Chabot).
At the time I went up there they were anxious and very angry
that there had been advertising in some publications for mental
health personnel, but not for their area. So I came wildly back
to the capital city of B.C. and asked some of my chaps: "How
come that happened?" They said: "Well, we gave up because we
keep advertising for them and we are just not getting them."
That's probably a value judgment, may the quality be good, bad
or indifferent. That's for you to judge.
But the fact of the matter is that they were at that time
having real difficulty in securing staff to go to that
particular area. That is why it surprised me when I heard this
other information.
Revelstoke? Mr. Chairman, we are looking at that whole question. We did ask
that the service be restored to the area — that is, the team service that had
gone back to the Vernon area — but now we are looking at the whole question
from the hospital base. The Minister of Labour (Hon. Mr. King) has leaned on
me a good deal and so has the Member for Shuswap (Mr. Lewis) about this whole
question.
Interjections.
HON. MR. COCKE: We are responding to that request
positively, I hope.
MR. CHABOT: Mr. Chairman, I'm glad to see the Minister of
Labour interject to make sure that he got a little bit of
credit for what has not taken place in the Revelstoke area, as
well as helping out my little friend from Shuswap.
I have again recently received communication from the
community of Revelstoke regarding the spotty and sketchy type
of service that has been given to that community. I'm not going
to read the letter, but there is concern. The nub of the letter
is that they're hoping that it will be possible for the
Minister, under the provisions of this vote, to establish a
unit within the community of Revelstoke to service the
surrounding area without having to go all the way to Vernon.
You can imagine how someone from Golden can ever get to Vernon
in the winter months — going through the Rogers Pass, and the
hazards of driving that road — Vernon is about 165 or 170 miles
away. So people who need care when these services are cut back
and they have to drive to Vernon, certainly aren't going to
drive that distance in the winter months.
What I want to know, really, is if the Minister is giving
consideration to the establishment of a unit in the community
of Revelstoke to service the area south of Revelstoke,
immediately west to take in the community of Salmon Arm and
immediately east to take in the community of Golden. Is that
being considered? I think it's a logical solution to the
problem that that particular area of the province is
facing.
MR. A.V. FRASER (Cariboo): The Minister of Labour should be
making that speech. What's the matter with you?
HON. MR. COCKE: Mr. Chairman, the Minister of Labour has
made that speech, and much better speeches.
Presently we are looking at the whole question of the
travelling group. We are not second-guessing. What we are
looking at are the requests that have come in from the area —
the hospital base request and also the request to beef up the
travelling group.
You talk about the Rogers Pass. A person has to come across
the Rogers Pass to go from Golden to
[ Page 2844 ]
Revelstoke — that same kind of hazardous drive. Mainly what
we're dealing with here are mental health teams that go out
into those communities, not patients coming in to see them.
MR. CHABOT: I agree. If they go from Vernon to Golden,
they're not likely to go — it's too far in the winter
months.
HON. MR. COCKE: Right. But in any event, ultimately our
objective, of course, is to have community mental health
programmes in all good-sized communities and in all districts
where we can have a good central core and move people around
those districts.
Vote 89 approved.
On vote 90: in-patient care, $41,585,681.
MR. McCLELLAND: Mr. Chairman, I wish to make a brief comment
and ask a question of the Minister to do with the concerns
expressed in the annual report of the branch. It was most
adequately pointed out that there is a staff shortage at
Riverview Hospital. Some time ago there were comments by the
British Columbia Medical Association that the dispute, between
the government and the salaried physicians may have been at
least a partial cause of the shortage at Riverview, and the
reason why the government wasn't able to attract psychiatrists
to come to work at Riverview. Since the Minister has indicated
that there will be a settlement in the next day or two, or in a
matter of days, at least, does he expect that that settlement
might, in fact, relieve the situation at Riverview? Are there
any other contingency plans to alleviate that shortage which
was detailed in the annual report?
HON. MR. COCKE: Mr. Chairman, there have traditionally been
staff shortages at Riverview. It's far, far more attractive for
a lot of doctors and other health workers to work in the
community than to work in a large institution.
Just let me say that historically the patient population in
Riverview has gone down from 2,260 or thereabouts, almost
2,300, to 1,600 in the last three years. At the same time while
we've gone down in patient population from 2,300 to 1,600, our
staff complement has gone up from 1,800 to 2,200. So, really,
the complement of staff as to the staff-patient ratio has
improved vastly. I just hope, however, that we can continue
with the community mental health services and get the bulk of
the people back where they belong in their own communities
being served by the community support service.
MR. WALLACE: Mr. Chairman, the whole concept of mental health care and
de-emphasizing treatment within an institution is very sound — we would certainly
support the Minister's efforts in that direction.
However, I wonder if the Minister couldn't give us some more
specific detail as to expediting the process. Since all
patients will not be able to leave Riverview, could we not have
some assurance that some of the very unsatisfactory
circumstances, to say the least, should be upgraded?
I gather that even the Premier is well aware of the problem.
He suggested during his trip in Japan, perhaps in an
off-the-cuff moment — which he might now regret, I don't know —
to one of the television cameramen or interviewers travelling
with him that if he really wanted to investigate social need,
he should go to Riverview. I guess the interviewer has done
just that. I missed the programme, but I understand it is being
shown again tonight at 7:30. I am just giving the programme a
little plug for those who are interested. I would like to see
it.
I took the trouble to go through Riverview myself earlier on
this year with every cooperation from the Minister's
department — I want to make that plain; there was no suggestion
at all that I shouldn't go.
HON. MR. COCKE: And so did the television.
MR. WALLACE: And so did the television people. So I am not
trying to make political points.
As the Minister said, there is a last dollar somewhere. But,
Mr. Chairman, the large wards at Riverview are such that if you
don't have a mental problem when you get into them, you
certainly would have one before very long. It makes some of the
barracks rooms in World War I look like the Hilton Hotel. The
beds are just really camp beds and they are very close
together. The only personal kind of effects the patient seems
to have is a tall, narrow...I suppose it is a wardrobe. The
room is bare and austere. I know they don't spend all their
hours in that particular room.
But seriously, Mr. Chairman, and without trying to make a
great big deal out of it, I just say that while it is very
productive and positive to get people out of these big
institutions and treat them in the community — I completely
agree with that — some unfortunate souls are going to stay in
Riverview or some other kind of institution, unfortunately. To
put them in that kind of place at night to sleep really is
anti-therapeutic. Any good you might be doing during the day,
if I were a patient in there, would sadly be undermined and
neutralized in having to be accommodated in these large,
barn-like wards with such spare fittings and furniture and so
on.
Within these kinds of general limitations, I wonder whether
the Minister has any plan to even subdivide some of these big
rooms, make them a little more
[ Page 2845 ]
homelike or improve the furnishings or put in better beds.
When you compare these beds, for example, to the super-duper
beds in the Jubilee Hospital in Victoria, it is like comparing,
I don't know, a three-wheeler bike to a Cadillac, that sort of
idea. Again, I am not saying we shouldn't have these
top-quality beds in the acute-care hospitals, but I am saying
there is such a vast difference between the situation in some
of these large wards in Riverview compared to what we are
providing for people in other hospitals.
I am just making the point that I know the money is not
endless, but there is a certain amount of money, and there are
some terrible gaps and inequities, depending upon what your
level of illness is and where you are being looked after. I
just wonder if we couldn't shift the money around and perhaps
be less generous in some areas in order that we can make life a
little more reasonable and comfortable and with a little hope
for the patients in Riverview.
The last question I would really ask is: what is the
ultimate goal of the Minister in his planning for the ultimate
fate of Riverview? Is it intended to keep reducing the
population as much as practical and reasonable, but
acknowledging that there are a certain number of patients who
require care in an institution and probably always will? Or
does he have plans for an alternative, more modern and more
therapeutic atmosphere which, as I say, could be done, I think,
either through smaller units in the same setting or at least
one smaller unit? Or, in fact, are we going to renovate or
modify Riverview as it now exists?
HON. MR. COCKE: One of the problems we have with the whole
Riverview situation is that that place was built to last. It is
so very difficult to renovate.
MR. WALLACE: It would make a good museum.
HON. MR. COCKE: Yes, it would probably make a number of
museums, it is so big and there are so many buildings out
there. We are not trying to hide anything, Mr. Member. I
acknowledge the fact that it is a crummy place in many areas.
The TV asked if they could go in, and we said yes. As a matter
of fact, we gave them a sort of carte blanche. For 11 months
they were making that "Hourglass" programme, and at no time did
we put any restrictions on them. They went into every little
nook and corner. I was a little bit hurt, in a way, that there
was nothing positive said, but that is fair enough. That is
news, and so what? It was open to you; it is open to any person
who has a vital interest in that particular area.
We made a decision. We know that some areas have to be upgraded. We want to
build smaller units that have more of the home-like kind of atmosphere you are
describing. But people in that setting have to be viewed in the future as people
in either extended care, intermediate care or the level of care you think of
when you think in terms of a person who is physically disabled. So, really,
that has to be part of our planning process.
The first objective we have is to get them out of there if
at all possible, and into their own communities. That's why
you'll find that I am delighted with the cooperation we have
had from general hospitals. They are building psychiatric wards
now, and that will be for shorter-term situations.
One of our problems was that in the old days we sent people
to Riverview never to be seen again, and they suffered from
institutional neurosis. That has to be the wrong approach. You
have to keep them at home if at all possible. So, Mr. Chairman,
we have all of these priorities, putting them together and
trying to phase down. At the same time we have members of our
staff right now going through Riverview to find out what areas
can be upgraded and made into the kind of units you are
describing. Hopefully, we can get on with that job as quickly
as possible.
Vote 90 approved.
Vote 91: salary contingencies, $13,485,188 — approved.
On vote 92: hospital insurance service, $464,163,192.
MR. FRASER: I have two or three short questions. First, I
would like to ask the Minister what the average daily rate is
that is being paid hospitals, starting on April 1, 1975. I
don't know whether you have an average, but give the high and
the low. I would like to hear what that is.
The other thing I missed this morning on public health, and
I have two short questions for the Minister. What is the
problem with doctors in the public health, why can't we get
doctors? The Cariboo has been without one for a year. I
understand one is....
HON. MR. COCKE: That's not in this vote.
MR. FRASER: I know that. But, I say, I wasn't here; I missed
this morning.
There is also Tatla Lake which is in public health, too, but
I don't think the nurse has been replaced there as yet.
HON. MR. COCKE: I wonder if the Member would accept an
off-the-cuff average per diem. I believe that we can say it's
well over $100. I think we can say it's around $100. Some
hospitals are higher, the tertiary kind of facilities, and some
are lower. But let's say $100 a day is what we are paying now,
and it is reflected in that little teenie $464 million
vote.
[ Page 2846 ]
To answer your questions about doctors in public health, I
believe that will be sorted out shortly. There has been, as you
know, a little bit of a tie-up in that area. The health unit in
Tatla Lake — I believe we have a position there, we are just
trying to fill it.
MR. FRASER: The nurse stationed at Tatla Lake — there hasn't
been one there for a year.
HON. MR. COCKE: Yes, I know that. There was a little trouble
with Dr. Vandermann and the previous public health nurse. There
is the possibility that there might be trouble with the next
one. Normally, when you think in terms of the public health
nurse you think in terms of the nurse who is the extended-role
type of nurse who does a good deal of primary care. Dr.
Vandermann has a feeling that a nurse should not do that kind
of thing, and this has been the problem, I guess. There is an
establishment for a nurse there, Mr. Member, and we can
certainly deal with it. I imagine that they are trying to fill
that position.
MR. WALLACE: Once again I feel that we can't pass a vote of
$464 million without at least a few comments and some questions
because hospital care or institutional care has just become
fantastically expensive. In terms of salary settlements, it
looks as though we have nowhere to go but up. As the,Minister
just mentioned a moment ago in answering a question, the
average daily cost of care in an acute hospital is somewhere
around $100.
In that respect in particular, I know its tedious and
repetitious to say so, but we are terribly wasteful in our use
of acute-care beds. To give the House and the committee a
simple example, in the two large general hospitals in Victoria,
where the cost is $100 a day, there are always 30 or 40
patients who shouldn't be there at all because they should be
in some other facility.
I have a clipping here which just headlines it in even in
that very acute-care mental hospital, the Eric Martin Institute
in Victoria. The headline says: "One-Third of EMI Patients
Don't Need Acute Care." The administrator is reported as saying
that one-third of the 100 beds for adult patients at the Eric
Martin Institute are occupied by people who don't need acute
psychiatric care, but have nowhere else to go.
We have, as I say, 60 or 70 beds in Victoria every day
occupied by patients who are only there because they have
nowhere else to go. As I have said many times in the House
before, this is nothing new, the situation being demonstrated
as it is. The federal task force some seven or eight years ago
pointed out that the trend in hospital planning to build more
and more acute-care beds was a very ill-considered plan when
there was no planning, or little or no planning for all these
different levels of care.
I know the Minister has acknowledged this and he has mentioned it in today's
debate. But I wonder whether the Minister feels that he Is being successful
in getting the message through to where it belongs; and the message belongs
at the regional hospital board level in the different regions in this province.
I don't think we can stand here in this House, for example,
and criticize the government for not providing the dollars.
There may be a day when we will come to the government from the
capital region and ask for X dollars and not get them. I don't
know. That hasn't happened yet. In fact, the tragedy is in the
capital region that there has been about $20-odd million
sitting around for two or three or four years that the voters
in this community passed and voted and supported by a very
clear majority to provide facilities.
Interjection.
MR. WALLACE: As the Minister interjects, at the rate of
inflation I don't know what $20 million is worth since it was
approved three years ago. I suppose it is worth $12 or $13
million now.
I would just like to ask that question. Does the Minister
feel that the message regarding levels of care.... If you
build acute beds, you will certainly fill them up. There is
never any problem putting patients in acute beds; you can do
that just as easy as wink. But if we are going to be spending
$100 per day, plus the capital costs and the salaries that are
involved in acute-care hospitals, then it is time we woke up to
the tremendous need for alternative levels of care.
In other words, the key is to give the appropriate kind of
care and facility for the appropriate need of the patient.
Because you are a patient with a certain need, that certainly
doesn't mean you should be in an acute-care hospital.
Unfortunately, that's the image that has persisted until recent
years, not only in British Columbia but in Canada.
While I am not the least bit happy with the federal
government and some of its rigid attitudes to cost-sharing, I
think I can give one credit to the federal government of
several years ago. It became aware of this abuse of acute-care
beds before anybody else did. At that point I think it
over-reacted, or, at least in the course of succeeding years,
it is now so nervous about cost-sharing that it seems to be
holding back in areas where it wouldn't be at all unreasonable
to come up with a few federal dollars. But anyway, that's
really another issue.
I have to again say that the biggest gap is the gap, between
the acute-care hospital and the extended-care hospital. I'm
glad that in that other bill we were able to get it clearly
established that the segment of intermediate care starts above
the personal-care level where the person only needs help in the
place they are living, without medical or
[ Page 2847 ]
nursing care.
My first question would be: are we getting through to the
regions? Is the planning looking at the different levels and
not just zeroing in on one or other kind of facility to the
neglect of the others? The whole thing has to be integrated to
make any medical sense, let alone dollar sense.
The second question would be that in the Minister's efforts
to date to fill some of the gap between acute care and extended
care, what is the government's policy regarding the $10-a-day
charge which has been levied in the Penticton and Tillicum
Lodge in Victoria? I think there are four altogether.
Interjection.
MR. WALLACE: Yes, it's $10 in Penticton. I just visited the
Penticton place the other day and visited with some of the
people there. They are very happy. It is a beautiful place,
just an excellent place. Oh, sorry, I'm mixing up Penticton
with Kamloops. It was Kamloops.
Interjection.
MR. WALLACE: I'm sorry; I'm getting mixed up. It was the
Kamloops one I was in most recently, and they told me they were
paying $10 a day.
HON. MR. COCKE: The Ponderosa?
MR. WALLACE: The Ponderosa; that's right. I've been in the
Penticton one as well, but I can't specifically recall what
they are paying there.
Anyway, is there some uniform policy that the Minister is
developing regarding charges paid by the patients? In other
words, if it is going to be $10 at the personal-care level and
you go up a little bit to intermediate care — some kind of
nursing or medical care in small or greater amounts — what
policy is being developed to try and get some equity and
relationship between the amount the patient pays in relation to
the amount of assistance they're receiving.
We touched on this earlier today, and I would like the
Minister, if he would, also to comment on what is happening to
the person on social assistance in an extended-care hospital. I
know that the Minister of Human Resources (Hon. Mr. Levi) had
earlier mentioned that those patients receiving Mincome no
longer receive the full Mincome. They don't receive Mincome
minus $30, and I don't know that either of the Ministers has
explained to us exactly what the formula is.
If Mincome patients are paying a certain amount for their board and lodgings
in an extended-care hospital, and the government's paying the rest.... The
Minister's nodding, but I'm not at all clear on this. The reason I think it's
important is that the government seems to be very uncertain in its own moves
in regard to the charging of the patient for these various levels of care. We've
got $1 a day in the acute care. We've got, as I understand it, $1 a day in extended
care, but for Mincome patients there's been some modification.
Now we have $10 a day for the personal care. We have a $5
charge for ambulance service. We've got ones and tens and fives
and it looks like some kind of crap game when you look at the
whole spectrum. Yet some people are being helped very
appreciably in meeting the cost of their care and others are
really not getting any kind of deal at all.
I know that the Minister, for example, had considered the
$5.50 a day for the extended-care hospitals some time ago, and
I think he, personally, still believes that that would not be
unreasonable. I assume that the collective decision of the
government was not to proceed in that direction, and I would
like some statement of policy. Where are we headed in face of
these tremendously substantial rising costs? For example, under
this vote salaries are almost doubled. This, of course, isn't
the only cause of vote 92 being so greatly increased. But we've
got here salaries from $2.2 million to $3.9 million. Mind you,
that's within the staff of the department. That is the
department, I realize, but even that....
Interjection.
MR. WALLACE: Well, there's a 6 per cent increase in staff,
but I've figured out a 77 per cent increase in salary, That,
again, is probably related to.... Does that include
contingencies?
Interjection.
MR. WALLACE: At any rate, under the payments to hospitals,
which are projected to go up to $446 million, if you look at
the way in which that's accumulated, about 80 per cent of that
sum is salaries to hospital employees. If you look at the
average.... In fact, maybe the Minister could tell us what the
approximate average figure was that the hospital employees
negotiated the last time they reached a settlement. I'm not
sure when renegotiations start. Of that $446 million we're
spending on hospitals, 80 per cent of that relates to salaries
and fringe benefits.
So if that doesn't get the message through that we should be
treating as few people as possible in hospital institutions and
that they should be treated only at the appropriate level of
care with no frills.... The thought of some day requiring an
intermediate level of care in an acute-care hospital is expense
of a kind that I just don't think we should approve. On the
other hand, the fact that a patient in an acute-care hospital
is paying $1 a day, and if they
[ Page 2848 ]
go outside or go to a nursing home they're going to
pay $600 a month...what would you do? You'd try and stay in
the acute hospital just as long as you could. There's no
incentive for you to get a little better.
Of course, at the other end of the scale, in the
extended-care hospital, you've no incentive to improve either
because if you get a little better you get heaved out of the
extended-care hospital and back into the nursing home at $600 a
month. This economic injustice defeats me. I don't know why, in
light of the government's general thrust in many other areas to
help the underdog and pay for people who are disadvantaged in
various ways.... They've certainly got a group of people
requiring a certain level of hospital care who are very sadly
disadvantaged in the financing arrangements of this
government.
I notice that the Minister of Mines and Petroleum Resources
(Hon. Mr. Nimsick) is paying very careful attention. I can
remember him on this side of the House repeatedly making the
speech that I'm now making. I suppose it's the old drip, drip,
drip on the stone, Mr. Minister of Mines. If we just keep
squeaking that wheel enough, we might get some grease.
Seriously, it's not a matter to joke about. It's very sad
and serious, because we have a substantial number of people
requiring and receiving hospital care, and it's costing them
sometimes every penny they have; or finally they have to go on
social assistance. I don't think that's a very fair way and,
certainly, if we can do as much as we're doing in Medicare and
at extended- and acute-care hospitals, I think we should be
able to do a little better than we're doing. The Minister has
said many times that the plan is in the works, and that they're
studying the situation. Can he give us two things, any kind of
likely date that this might be started, even in part, and,
secondly, does he have any specific measures in mind to
rearrange some of these inequitable financial arrangements at
the present time?
This morning he said that in relation to medicare premiums
it just meant that the government was paying a larger share of
the total costs than they did in 1965. The same argument,
obviously, applies to acute-care hospitals and extended-care
hospitals at the moment. As the costs go up, the patient still
pays $1 per day, so the government is paying a larger and
larger fraction of the total costs. All I am asking is: do you
have a date, or do you have any specific plans to try and have
the patient keep up with the cost of inflation by paying the
same percentage fraction of the cost in the hope that more
money will be available to plug the gaps that now exist?
In this vote there are one or two other smaller points I wondered about. I
notice travelling expenses are going up from $140,000 to $200,000. I wonder
if this is simply due to the rising costs of travel, or is there a greater policy
to get the staff of BCHIS out into other areas. For which particular purpose
is it — inspection or helping regional boards?
HON. MR. COCKE: Consulting, in most cases.
MR. WALLACE: The last point I want to ask is: can the
Minister report, as of this moment, on the progress on the
peninsula hospital in the capital region? The Minister knows
how frustrating it has been to get some of the decisions made
in that direction.
Earlier on in this session the Minister offered the hospital
every help with functional planning of the proposed 75-bed
wing. It would just be such an asset to the people on the
peninsula and a little bit of a release of pressure on the city
hospital beds and so on. The sooner we get these 75 beds
completed, the better. I wonder if the Minister can report just
what his knowledge is of progress on the peninsula
hospital.
HON. MR. COCKE: Mr. Chairman, let me go back to the
beginning. The Member asked: are the regions getting involved,
are they cooperating in planning and production of
alternatives to the acute-care situation?
Most of the regions are becoming very much aware of that. Of
course, one of the problems with our system is that the capital
funds for hospitals are provided on a share basis — 60 per cent
provincial, 40 per cent regional. On the other hand, however,
the province picks up the total cost of hospital insurance, so,
really, the motivation isn't there so much for the region to
produce alternatives. In other words, what difference does it
make to the region whether there...I mean, sure it does
morally or ethically, but what difference does it make whether
a patient is in a $100-a-day bed or a $12-a-day bed. It is a
little bit of a problem there with motivation.
The regions are becoming concerned. Particularly I have
noticed the Vancouver regional district recently. They used to
be very much opposed to getting into that area. They are now
moving very much ahead. I think we are building 1,100 beds in
Vancouver for extended-care alone. They are also thinking in
terms of getting together with us on the whole question of
intermediate care. So, yes, the regions really are beginning to
work in this area.
The policy regarding equity. I think one of your last
questions was around that question as well. I think I dealt
with it earlier in the session. That was that I didn't want to
change a thing until after our negotiations in September. We
are negotiating the whole new sharing situation. Hopefully, we
are going to get a lot closer to it this time. The preliminary
talks have looked good, so I suggest that maybe we
[ Page
2849 ]
are much more optimistic than we have been heretofore. This
is sharing lower levels of care than acute care.
MR. WALLACE: If they don't, will we go it alone?
HON. MR. COCKE: If they don't, we have to go it alone; there
is no question about that. One way or the other, we have to
go.
You asked what is happening about the Mincome patient in an
extended-care facility. The Minister of Human Resources (Hon.
Mr. Levi) has seen to it that they don't get their Mincome
aspect. They still get their old age pension and any other
pension. The Mincome is withheld because, after all, it is only
costing them $1 a day for room and board. I agree with you; it
is totally inequitable. Again, that gets back to the policy
with respect to equity. I think it should be all established at
one time.
What was the income increase in the hospitals? It was
roughly 10.5 per cent plus a COLA clause which I think amounts
to roughly 8 percent, so it was about 18.5 per cent in
retrospect. We didn't know what it was going to be in prospect.
But anyway, that is what it has been. Yes, it was a pretty
heavy increase, but in many of the areas there was a real need
for parity, payment for services rendered and so on. In any
event, I think that answers your question.
The peninsula hospital, as I announced a long time ago, will
cooperate. As quickly as the plans are made available they
will be approved as quickly as we can. We want to get that
thing off the ground and running.
Where are we now? Are we on functional programme? I presume
we're on functional programme; I think the functional programme
will probably be ready by June.
MR. McCLELLAND: Mr. Chairman, I was pleased to hear the
Minister say we would go it by ourselves if we don't get
cost-sharing for the alternative levels of care in the
province. Nevertheless, we do seem rather slow in getting
anywhere. I know that the Minister's arguments are that we are
moving rapidly with more money into the home-care programme and
that part of the money has been transferred to Human Resources.
But still he talks about the Greater Vancouver Regional
District. The regional district has said that they need 3,500
intermediate-care beds now. That's the need, and it isn't some
time in the future. It also emphasizes in that report that
4,000 beds will be needed by 1981. Those beds should be made
available and covered by the same co-insurance scheme which is
presently covering extended-care and acute-care beds.
I differ with the route that the Member for Oak Bay (Mr. Wallace) seems to
want to take and perhaps the route the government wants to take concerning the
charges being made for the alternative levels of care. In this province over
the past several years we have taken the view that various forms of health-care
delivery should be supported in terms of.... We talked about this briefly earlier
today. It should be thought of as a social dividend which is paid for by a strong
and growing economy. Unlike many other jurisdictions, we didn't have a mishmash
of different levels of premiums, bureaucracies, co-insurance and deterrent fees
and all of those kind of things. We simply took the view — I think we should
still take the view — that progressive stages involved with the health-care
delivery system as it applied to the hospital world would move us in stages
to dollar-a-day coverage for all levels of health care through acute care, extended
care, intermediate care and, hopefully someday, with federal government approval,
even home care.
We did have extended care and acute care provided at $1 a
day. There was a problem with the development of the
facilities, a problem which is ongoing as yet and which is
gradually catching up. In terms of the intermediate care and
home-nursing care, there was some relief under the Canada
Assistance Act between the province and the federal government.
But we seem now to be facing a breakdown in this programme for
the future. It bothers me, and I would like to make just a
couple of observations about it, Mr. Chairman.
The history of premium plans, wherever they have been done,
and deterrent plans, wherever they have been done, has been
that they get amended upwards or downwards or sideways or some
other way. But most often the amendments come to serve a
political purpose at election time rather than to serve any
purpose of the patient in need of care.
The premium system and those deterrent systems also create
massive amounts of red tape, Mr. Chairman, and more patient
participation than is necessary if we accept, first of all, the
premise that the health-care delivery system should be
supported by the economy.
Interjection.
MR. McCLELLAND: No, you can't penalize people for being
sick; that's what I believe we're talking about. If we're
talking about $5-a-day contributions for extended care under
the present.... I would say that a rough estimate, under the
present number of people taking advantage of our extended-care
facilities, would be maybe $4.5 million. That's peanuts; it's
no percentage of the surplus funds available for health-care
delivery service. If we're talking about intermediate care,
we'd be probably talking about a $1 recovery at $5 a day of far
less than $4 million. Again, Mr. Chairman, that's just
peanuts.
[ Page 2850 ]
If we ask the patients who are going to be involved in that
intermediate-care system to provide us with $5.50 a day, it not
only breaks down the programme that we had hoped would be
developing in British Columbia but it makes no allowance for
the fact that extended care, intermediate care and home care
are practical and useful ways.... Once again, we had this
demonstrated very clearly to us when we travelled a couple of
years ago with the committee around the province. There are
useful ways of reducing the very costly delivery system now
which is connected with the provision of acute care and the
subsequent hope in the future of reduction in the escalation of
those costs. We're all looking in the long run to stop the
escalation and put a halt to that escalation of costs which has
been so rapidly rising year by year. Extended care,
intermediate care and home care have always been considered a
cheaper way of bringing down the utilization of expensive
acute-care beds. I think the proof is now ther