British Columbia Hansard — Wednesday, July 15, 1987 — Afternoon Sitting (34th Parliament, 1st Session)
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British Columbia — Debates (Hansard)
1987 Legislative Session: 1st Session, 34th 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)
WEDNESDAY, JULY 15, 1987
Afternoon Sitting
[ Page 2555 ]
CONTENTS
Routine Proceedings
Ministerial Statement
Investigation under Trade Practice Act.
Hon. Mr. Couvelier –– 2555
Mr. Sihota
Tabling Documents –– 2555
Family Farm Protection Act, 1987 (Bill
M207). Mr. Rose
Introduction and first reading –– 2556
Fair Election Practices Act (Bill M208).
Mr. G. Hanson
Introduction and first reading –– 2556
Oral Questions
Recommendations of auditor-general. Mr.
Harcourt –– 2556
Dismissal of Mr. Ron Butlin. Ms. Edwards
–– 2557
Attendance of ministers in House. Mr.
Williams –– 2557
SkyTrain bridge construction. Ms.
Smallwood –– 2557
Mr. Miller
Admission fees to provincial museums. Ms.
Edwards –– 2557
Mr. Blencoe
Mr. G. Hanson
Mount Klappan coal project. Mr. Miller –– 2558
Motor Vehicle Amendment Act, 1987 (Bill
36). Committee stage. (Hon. Mr. Michael) –– 2558
Mr. Miller
Third reading
Motor Carrier Amendment Act, 1987 (Bill
47). Committee stage. (Hon. Mr. Michael) –– 2559
Mr. Miller
Third reading
Forest Amendment Act, 1987 (Bill 40).
Committee stage. (Hon. Mr. Parker) –– 2560
Mr. Miller
Mr. Jones
Mr. Williams
Third reading
University Endowment Land Amendment Act,
1987 (Bill 46). Committee stage.
(Hon. Mrs. Johnston) –– 2561
Third reading
University Amendment Act, 1987 (Bill 32).
Committee stage. (Hon. S. Hagen) –– 2562
Ms. Marzari
Mr. Jones
Third reading
University Foundations Act (Bill 57).
Committee stage. (Hon. S. Hagen) –– 2562
Mr. R. Fraser
Ms. Marzari
Third reading
British Columbia Enterprise Corporation
Financial Restructuring Act (Bill 53).
Second reading
Hon. Mr. Couvelier –– 2563
Mr. Stupich –– 2564
Mr. Williams –– 2564
Ms. Marzari –– 2566
Hon. Mr. Couvelier –– 2566
Ministerial Statement
SkyTrain bridge construction. Hon. Mrs.
Johnston –– 2567
Ms. Smallwood
Miscellaneous Statutes Amendment Act (No.
3), 1987 (Bill 55). Committee stage.
(Hon. B.R. Smith) –– 2567
Mr. Williams
Hon. Mrs. McCarthy
Mr. Stupich
Hon. Mr. Couvelier
Ms. Marzari
Hon. Mr. Veitch
Committee of Supply: Ministry of
Intergovernmental Relations estimates.
(Hon. Mr. Rogers)
On vote 44: minister's office –– 2575
Hon. Mr. Rogers
Mr. Skelly
Mr. Miller
Mr. Lovick
On vote 45: ministry operations –– 2583
Mr. Skelly
Committee of Supply: Ministry of
Provincial Secretary and Government Services estimates. (Hon. Mr.
Veitch)
On vote 52: minister's office –– 2583
Hon. Mr. Veitch
Mr. G. Hanson
Mr. R. Fraser
Mr. Rose
Mr. Miller
Mrs. Boone
Committee of Supply: Legislation estimates.
On vote 1: legislation –– 2592
Mr. Rose
Hon. Mr. Strachan
Appendix –– 2593
The House met at 2:05 p.m.
MR. DIRKS: In the gallery this afternoon we
have the good mayor of a city right next to my riding, Mayor Audrey
Moore of Castlegar. Would the House please make her welcome.
HON. MR. DUECK: In the galleries today are
friends of my family, Virginia and David Fairbrother and their three
children. Will the House please make them welcome.
MR. D'ARCY: On behalf of myself and
yourself, Mr. Speaker, I'd like to welcome a former constituent of mine
and a former president of the Young Socreds of British Columbia, John
Landis Jr. I must say that when he was president of that particular
organization, they had a reputation for somewhat better decorum and
discipline than that which they enjoy today. But I welcome him to this
House anyway.
MR. PELTON: Mr. Speaker, on your behalf I
would like to echo the greeting to John Landis, president of the UBC
Young Socreds, who is from Castlegar, which I don't think the member
for Trail mentioned.
HON. MR. REID: Mr. Speaker, in your gallery
is a special friend of both the Speaker and myself, the unofficial
mayor of Birkenhead Lake, Bob Thompson. Would the House please make him
welcome.
MR. REE: In the galleries today are the
special guests of our chief librarian, Joan Barton: her aunt and her
uncle, Mavis and Keith Ellis from St. Andrew, Jamaica, and also her
friends from Victoria, Don and Joyce Cowan. Would the House please
welcome them.
MR. HARCOURT: Mr. Speaker, as I'm
duty-bound to do as part of the agreement that we have with the Scrum
of the Earth, whom we played another basketball game with today, I have
to report the sad news that we lost 24 to 23 — missing the second
member for Vancouver Centre (Mr. Barnes), who is putting his roof on.
But the good news is that, after four hard-fought matches, it ended up
a 76-76 tie.
HON. MR. REID: I just want to advise the
Leader of the Opposition that he's on a roll and should keep going.
AN HON. MEMBER: It's too bad you're not.
HON. MR. REID: I'm not, you're right.
It's with extreme pleasure, Mr. Speaker, that I introduce
somebody who is on a roll. There is an alderman here from the city of
White Rock, who had the opportunity to be the lead person for the Prime
Minister's visit to the world-famous sand-castle contest, which over
200,000 people visited. Certainly the alderman, Jim Coleridge from
White Rock, had a lot to do with it. Would this House make him welcome.
HON. MR. DUECK: In the precinct today are
some officers from the Mexican tall ship everyone has seen in our
harbour. I had the pleasure of having lunch aboard that ship,
representing the provincial government. Would the House please make
them welcome.
Ministerial Statement
INVESTIGATION UNDER TRADE PRACTICES
ACT
HON. MR. COUVELIER: Mr. Speaker, I'd like
to make a ministerial statement.
As the hon. members are aware, certain Alberta-based financial
companies have recently found themselves in serious financial
difficulty. Among those companies are First Investors Corp. Ltd. and
Associated Investors of Canada Ltd., who were placed under
court-appointed management in Alberta on June 30. A number of other
related companies may also be involved. Some 14,000 B.C. Investors with
more than $150 million worth of investments are affected.
While this issue would normally entail the involvement of two
ministries of government — my own and the Ministry of Labour and
Consumer Services — my ministry will take the lead role in this
instance. This comes about because my colleague the Minister of Labour
and Consumer Services (Hon. L. Hanson) holds investments in related
companies.
Because of the large number of investors and the amount of
money involved, I am appointing Lyman Robinson, QC, as investigator,
pursuant to
section 12 of the Trade Practice Act.
Mr. Robinson, former dean of law at the University of
Victoria, where he is currently a professor of law, is also a
commissioner with the Law Reform Commission. Mr. Robinson will report
his findings to me as soon as possible.
MR. SIHOTA: This side of the House welcomes
the announcement by the minister. First of all, I want to thank the
minister for giving us the benefit of seeing the ministerial statement
in advance and also thank him for his careful comments with respect to
the interests of the Minister of Labour and Consumer Services.
I want to applaud the choice of Prof. Lyman Robinson. He is an
individual with impeccable credentials, someone with whom I'm also very
familiar because of my tenure at the University of Victoria. I cannot
think of a better choice in this regard.
The inquiry is, as I understand it, being made pursuant to the
provisions of the Trade Practice Act, which are sufficiently broad to
allow an individual conducting an inquiry under that act to take a look
at representations with respect to the status of various accounts — in
other words, the whole issue of whether these funds were or were not
insured; to take a look at representations under
section 3 of the act
that were made with respect to the transactions — and of course there
has been many a story from the public with respect to representations
that were made at the time of executing and investing in contracts with
Principal Trust and its group of companies; and it allows clearly for
one to investigate with respect to deceptive acts — and I think I made
a comment in the House about that earlier on with respect to
advertising.
It is a much appreciated and welcome move. I think it is one
that ought to provide some comfort to those who have lost funds through
investments, and is certainly welcomed by all of us on this side of the
House.
Hon. Mr. Davis tabled the 1986-87 annual report of the British
Columbia Hydro and Power Authority.
[ Page 2556 ]
Introduction of Bills
FAMILY FARM PROTECTION ACT, 1987.
Mr. Rose presented a bill intituled Family Farm Protection
Act, 1987.
MR. ROSE: I'd like to explain a little bit
about the bill. It's designed to address a neglected need in British
Columbia the need to help farmers protect and sustain their farming
operations. Over 2,000 farms passed out of individual ownership between
1981 and 1986, and that's about one a day.
This bill is modelled on Manitoba's current act, complements
the present Debtor Assistance Act and proposes three major tools to be
put in place to keep farms in family ownership. First, farmers will be
guaranteed a day in court before a bank or other lending institution
can foreclose, and the court will be empowered to look for alternative
solutions to prevent arbitrary foreclosures; second, creation of
mediation panels of farmers to mediate between the lender and the
creditor; and finally, in extreme cases, that a cabinet can be given
authority to proclaim foreclosure moratoriums for all or any part of
the farming industry.
Agriculture is a vital resource industry for British Columbia.
This bill or something like it is needed now, because there is more
financial stress in B.C. agriculture than exists in any other part of
Canada.
Bill M207 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.
[2:15]
FAIR ELECTION PRACTICES ACT
Mr. G. Hanson presented a bill intituled Fair Election
Practices Act.
MR. G. HANSON: In commenting on this bill,
its main purpose is to establish a permanent electoral commission that
could operate independently of the party in power. This bill would
provide the commission with a mandate to establish fair electoral
boundaries, set election spending limits and oversee all aspects of
provincial elections to ensure fairness and the greatest possible
access to voting rights.
The bill also reduces the voting age from 19 years to 18
years, to fall in line with legislation with other provinces in Canada.
It calls for the appointment of a chief electoral officer to be
recommended by an all-party committee of the Legislature, and provides
for a thorough enumeration after each writ of a general election is
issued.
Bill M208 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
RECOMMENDATIONS OF AUDITOR-GENERAL
MR. HARCOURT: I would like to ask the
Premier a question about the acting auditor-general's recommendations
this morning to the Public Accounts Committee, when unfortunately he
made two recommendations that were rejected by the government
back-benchers. So I'd like to ask the Premier if he would accept the
recommendation that the auditor general conduct a full review of the
process of accountability of Crown corporations to this Legislature.
HON. MR. VANDER ZALM: I don't have the
benefit of all that was said and presented to the committee, but I
understand that the recommendations were in fact tabled — not rejected,
but tabled. In light of that, I think in fairness to the committee and
the process which we all support, we ought to see the result of the
tabling motion before anything further is done here.
MR. SPEAKER: I might remind the Leader of
the Opposition that any detailed discussion of what happens in the
committee before the report is brought before the House is not a proper
subject for question period.
MR. HARCOURT: It's an open meeting, Mr.
Speaker, and I think that this is an important matter that has been
left too long — to have an acting auditor-general. I would like to ask
a supplementary.
MR. SPEAKER: If the Leader of the
Opposition could take his seat for a moment. I can't change the rules.
The rules are made by all members of the House, and the rules are that
the matter that's before the committee cannot be discussed in question
period, or in the House, until that committee reports to the House. If
the Leader of the Opposition wants to rephrase his question in another
manner that doesn't interfere with the committee discussion this
morning, then the Chair could accept that question.
MR. HARCOURT: In general terms, Mr.
Speaker, I would like to ask the Premier, because he's made statements
on this whole question of the accountability of Crown corporations....
I would like to know if he personally is going to bring forward
recommendations — he has made these statements, so I'm assuming that we
will be seeing these shortly — about the auditor-general being able to
conduct a full review of Crown corporations.
HON. MR. VANDER ZALM: Mr. Speaker, I can't
give the House any assurance that I will bring forth recommendations,
but I can assure the House that accountability is certainly a matter of
concern to me, and accountability for Crown corporations as much as
anything else in government, and it will be fully looked at.
MR. HARCOURT: Supplementary on that, Mr.
Speaker. The auditor-general, to do that, requires some independence
and some staff, and I would like to have the assurance of the Premier
that he will make sure that the auditor-general reports to the
Legislature and has proper staff. Will he give the assurances that
there will be independence for the auditor general to the Legislature,
and with a proper budget, that his staff will be restored?
HON. MR. VANDER ZALM: Mr. Speaker, again I
can't give the hon. member of the House the assurance that I or anyone
would in any way recommend a change in the procedure or the involvement
by the auditor-general in Crown
[ Page 2557 ]
corporations, because it could perhaps be quite improper in
some instances for the auditor-general to be involved with the
reporting or the auditing of a Crown corporation, if in fact such Crown
corporation is part private and part public; for example, the Workers'
Compensation Board. So before we run off and make statements as to what
should be or what might be, it should be carefully considered.
DISMISSAL OF MR. RON BUTLIN
MS. EDWARDS: My question is to the Minister
of Tourism, Recreation and Culture. You have suggested that you put the
issue of the firing of the B.C. Games manager into "the context of the
second contract" with him. Was there any requirement that the minister
be silent about the disposition of the contract signed in late 1986?
HON. MR. REID: The answer is no.
MS. EDWARDS: A supplementary. Why has the
minister made reference to the 60-day contract when expressing his
interpretation of the termination in late May of the director's
then-current contract?
HON. MR. REID: In reference to the response
on number one contract and number two contract, the reason for my
explanation is that one contract had to be seceded before the second
contract could be put in place.
MS. EDWARDS: There seems to have been no
requirement, however, that there be any silence on your part about the
contract that was terminated, the one signed in late 1986.
ATTENDANCE OF MINISTERS IN HOUSE
MR. WILLIAMS: To the Premier. Yesterday the
House was dealing with the restructuring of B.C. Place and B.C.
Development, and the Minister of Economic Development (Hon. Mrs.
McCarthy) chose to not participate in the debate of this monumental
transfusion of $396 million. Is that kind of behaviour acceptable to
the Premier?
HON. MR. VANDER ZALM: If we're going to use
question period to discuss who should or should not participate in
debate, then I suppose we could spend the whole of each question period
discussing where people are when the debates are going on. I don't
think this is at all in order. However, there will be a further
opportunity to debate in committee.
MR. WILLIAMS: I take it this is a new
policy of government: that ministers are simply not expected to be in
the chamber even when borrowings of as much of $400 million are
involved, and they don't have to respond.
HON. MR. VANDER ZALM: Mr. Speaker, that was
an omnibus bill presented by the Provincial Secretary (Hon. Mr.
Veitch), and it was properly presented. Now it will be debated in
committee, and there will be every opportunity for every member on the
other side to debate each and every
section of the bill.
SKYTRAIN BRIDGE CONSTRUCTION
MS. SMALLWOOD: My question is to the
Minister of Municipal Affairs, with regard to reported major structural
problems with the concrete supports of the Kerkhoff-Hyundai SkyTrain
bridge. I'd like the minister to confirm that for the House. I'd like
the minister also to make comment on the fact that the construction at
that bridge now has been down for two to three days. Will the bridge he
finished on time?
HON. MRS. JOHNSTON: In response to the
first question, the member did bring that question to me some time ago,
and I obtained a written report from the officials and inspection
officials on the SkyTrain project. The report indicated that there was
no problem. At most times there are up to ten inspectors on the job, so
we are very conscious of the safety aspects. I have no reason to
suspect that there is anything other than first-class workmanship going
into the job. As for the project itself, it continues on
schedule and
within budget.
MS. SMALLWOOD: I raised concerns over the
construction with the minister quite a while ago. My question is
specifically to the last two or three days. My information is that the
job is down now, and it is down because of major structural problems in
the concrete. Can the minister comment on the job at the moment?
HON. MRS. JOHNSTON: If the member has some
information to that effect, I would certainly appreciate receiving it,
because if it is down because of structural problems I am certainly not
aware of that. I would very much appreciate having some specifics, and
I look forward to having them as soon as question period concludes, so
I can follow that up without delay.
MR. MILLER: In view of the information that
came to light earlier today during estimates and the questions that
were raised initially on the expertise of the company Kerkhoff-Hyundai
in terms of this project, and in view of the questions raised by my
colleague from Surrey, would the minister undertake to do a very quick
investigation? We certainly don't want a repeat of the Coquihalla
experience, in terms of the doubling of budgets on these kinds of
projects. Would the minister do a very quick check to ensure not only
that the project is on budget, but that the completion
schedule will be
met and the budget projection will be met in terms of that completion
date?
HON. MRS. JOHNSTON: I'm in constant contact
with the officials, and the information given me as recently as
yesterday afternoon would suggest that we are on time and on budget.
ADMISSION FEES TO PROVINCIAL MUSEUMS
MS. EDWARDS: I have another question to the
Minister of Tourism, Recreation and Culture. The minister has refused
to reconsider his decision to impose fees at the Provincial Museum and
the two heritage parks in British Columbia, and at several other
facilities. In light of the fact that there was major advertising in
government publications that these facilities are free, would the
minister at least consider one free day throughout the year for these
facilities?
HON. MR. REID: I'm pleased to announce that
starting October 1 and through to the end of April, every Monday all
facilities will be free.
[ Page 2558 ]
MR. BLENCOE: I have a question for the
Minister of Municipal Affairs on the Provincial Museum. As the minister
is probably aware, the Minister of Tourism has erected a used hotdog
stand from Expo outside the museum to collect the fees. It turns out
that the Minister of Tourism has not obtained a municipal permit, and
it's in violation of the zoning and the development permits. As the
minister responsible for municipal affairs, does she approve of a
ministry of the provincial government disobeying the local laws of a
municipality?
HON. MRS. JOHNSTON: I was made aware of
that situation on this morning's news broadcast on a Victoria station.
I would really prefer to have that question put to the Minister of
Tourism, because I really have no further knowledge of that, and I'm
sure he's much better informed on that subject than I am.
HON. MR. REID: In response to the question
from the member for Kootenay, inasmuch as the museum is just a tenant
of BCBC and we are only responsible to pay the rent, the building
itself comes under the direction of BCBC. And it's not a hotdog stand;
it's a stand to sell passes for $10 to families and to children. We
understand they're lined up waiting to get in over there today, so it's
having a very successful day; and I will report daily the attendance at
the museum and the income to the province.
[2:30]
MR. BLENCOE: With all the buck-passing,
nobody wants to deal with this issue. A question to the Minister of
Tourism. Does he believe — clearly the Minister of Municipal Affairs
doesn't want to deal with the issue — that his ministry, which is
responsible for this used hotdog stand, should disobey the local laws
which all other Victorians and British Columbians have to observe when
they put up or erect buildings? Does he believe his ministry should be
separate from the laws that apply to other people?
HON. MR. REID: The answer is no.
MR. G. HANSON: A supplementary to the
Minister of Tourism. Is the minister aware that in 972 days there will
no admission charges to the Provincial Museum?
MOUNT KLAPPAN COAL PROJECT
MR. MILLER: My question is to the Minister
of Energy on behalf of my colleague the member for Atlin (Mr. Guno).
Over 35 groups have petitioned your ministry for public hearings on the
Mount Klappan coal project. Has the minister decided to hold public
hearings on Gulf's stage 2 proposal for the Mount Klappan project?
HON. MR. DAVIS: Mr. Speaker, hearings will
be held if, as and when the company makes a serious proposal.
Orders of the Day
HON. S. HAGEN: Mr. Speaker, I'd like to ask
for leave to make an introduction.
Leave granted.
HON. S. HAGEN: It's my pleasure this
afternoon, Mr. Speaker, to welcome two friends of mine to the
galleries. They are two friends whom I haven't seen for a long time but
with whom I attended school — it seems like a few years ago. I'd like
to introduce to the House Don and Verneal Kallevig, and ask you to make
them welcome.
HON. MR. STRACHAN: Committee on Bill 36,
Mr. Speaker.
MOTOR VEHICLE AMENDMENT ACT, 1987
The House in committee on Bill 36; Mrs. Gran in the chair.
Sections 1 to 6 inclusive approved.
section 7.
MR. MILLER: Very briefly, Madam Chairman, I
raised a cautionary note in terms of the introduction of the amber
arrow, and the minister, I believe, stated that yellow lights are now
used. Perhaps the minister could briefly advise the House how quickly
we will be proceeding in terms of installing the yellow arrow. What is
the configuration? Will it be another device affixed below the green
arrow that will operate substantially as the yellow light does now with
the normal traffic signal? Will you try a few installations and monitor
the effect? Those are general questions in terms of my concern about
monitoring and any accidents that might happen as a result of
unfamiliarity with the device.
HON. MR. MICHAEL: I don't know the complete
technicalities as to the design, but the concept is plain and simple.
Drivers who are currently entering intersections where the green arrow
starts to flash to indicate that a left turn is permitted.... The
problem we seem to be having is the lull between the time that the
green arrow ceases to flash and the time in which the oncoming traffic
commences to move. There is hesitation in there, which causes the
drivers to be uncertain of whether they can proceed to make a left-hand
turn, because the oncoming traffic doesn't seem to be moving. There are
a few seconds in there, which is the problem. It is, indeed, resulting
in a number of accidents. All we intend to do, through technical design
— whether it's going to be in the same circle or in an additional
circle....
All we're doing, Mr. Member, is making the law. It will be up
to the municipalities and the cities to make the changeover. I can
assure you that we will not be putting any undue pressure on the
municipalities and cities to install these devices overnight. However,
the guidelines, laws and regulations will be in place to have this
requirement as the changes are made and designed.
We have experienced a good number of accidents as a result of
this uncertainty, and all we're doing is trying to correct that problem.
MR. MILLER: I assume, and the minister can
simply indicate by nodding his head, that these will only be installed
where the left turn is only to be made on the green arrow; in other
words, not in those situations where there is a green arrow to assist
the movement of that left-turn traffic but there is nothing prohibiting
a left turn when the green arrow is not on — for example, just to give
that left-turn traffic a break to
[ Page 2559 ]
get out there, but you can still make that left turn on a
green light. I assume it's only going to be where you can only make the
left turn when the green arrow indicates that you can.
HON. MR. MICHAEL: The clear intention of
the legislation is to eliminate the uncertainty in the instances where
the green arrow indicates a left-hand turn and is flashing to the point
at which it ceases and the traffic in the opposite direction commences
to move. That's the only purpose of the legislation: to have an amber
light there to indicate the same message exactly as an amber light does
under normal circumstances.
Sections 7 to 12 inclusive approved.
Title approved.
HON. MR. MICHAEL: Madam Chairman, I move
the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Pelton in the chair.
Bill 36, Motor Vehicle Amendment Act, 1987, reported complete
without amendment, read a third time and passed.
HON. MR. ROGERS: Committee on Bill 47, Mr.
Speaker.
MOTOR CARRIER AMENDMENT ACT, 1987
The House in committee on Bill 47; Mrs. Gran in the chair.
Sections 1 to 10 inclusive approved.
section 11.
MR. MILLER: First of all, with respect to
31.1: "The commission shall (
a) comply with any general directive of
the minister with respect to the exercise of its power and
functions...." Can the minister briefly outline the need for this
section, what kind of directives he would intend to send to the
commission and what will be done by the commission with respect to
these directives that is now not being done?
HON. MR. MICHAEL: Currently the commission
has a right to hold public hearings and do things that are provided for
by legislation and within the regulations. The minister will now be in
a position to send a directive, a policy statement of the government,
to the commission that perhaps a hearing should be held to consider the
impact of the trucking regulations on small communities and hamlets in
the isolated areas of the province. It's a tool that may or may not
ever be used, but if an occasion should arise when the minister, in the
public interest, feels that a firm policy directive is required from
government, the provision is now there for the minister to act.
MR. MILLER: First of all, when the minister
— or any minister — brings in a specific piece of legislation and then
says it may or may not ever be used.... I have some difficulty with
that, because obviously there was a feeling on the part of the
minister, and perhaps the cabinet, that there was something urgent
enough to bring in amendments to legislation.
The example that the minister used was that there may be a
directive issued by the minister to protect the interests of a small
community in terms of holding hearings, etc. Yet if I'm not mistaken,
and I don't think I am, the Motor Carrier Act clearly sets out matters
that are there to protect the public interest. That is one of them: the
impact on communities of a particular service; how they would be
impacted if other carriers were allowed to come in, whether they be bus
or transport carriers. So clearly the commission's mandate, at this
point, is to consider those very items that the minister has just
suggested that he would be issuing directives to the commission to
consider.
Again, I have a bit of difficulty. Is the commission not doing
its job now in terms of the legislation that exists, and the kinds of
issues and protections that are included — the public interest in a
number of issues, in terms of rates and service levels? Is the
commission not doing an adequate job of meeting those concerns?
HON. MR. MICHAEL: Madam Chairman, I have no
complaints up to now. Having been the minister for a short period of
time, I have no complaints. But it's the feeling of the minister that
section will perhaps give an opportunity in the future, if and when a
situation may arise when the minister feels it's important in the
interest of the citizens of the province and in the interest of
carriers and shippers and small communities that perhaps some direction
may be required — I repeat, may be required. It could be it will never
be required; let's hope it won't. In the changing world we're living
in, with regulations being changed nationally, some regulations being
changed provincially and future changes anticipated, perhaps it may be
in the interest of the public in general in British Columbia to have
the powers given under
section
[2:45]
MR. MILLER: Mr. Minister, we know there
have been some changes made already at the branch level. For example,
the manager of some years has departed, and in his place we now have a
former civil servant who used to be responsible for some items — the
superintendent of brokers, I believe. Obviously there are some changes
taking place within the branch, and it's not surprising, perhaps, in
light of the move to deregulation that we see.
I want to repeat a concern that I talked about in second
reading, which is that the amendments introduced in
section 11 of Bill
47 create a bit of a danger, I think, which is that the door is open to
the politicization of the commission and its functions. I say this not
because I'm accusing this particular minister of wanting to be able to
exercise that kind of political influence, but when we change
legislation we must remember that we can't deal with it personally.
It's a piece of legislation, and anybody at any given time will be
dealing with it.
So we've opened the door for that kind of politicization, that
kind of flow from the minister, to what has been an independent
commission appointed by the minister. Obviously the minister should
exercise that kind of judgment, concerning who sits on the commission.
But the minister
[ Page 2560 ]
may find that, in the final analysis, it might be a bit
uncomfortable in terms of the seeming appearance of politicization,
that the commission is no longer separate and independent, although
appointed by the minister. We've opened up the door that swings both
ways, presumably, between the minister and the commission.
I add that cautionary note. We're not going to oppose the
legislation, as I indicated in second reading, because the government
has — to their credit — agreed that, prior to any substantive changes
in deregulation in the transportation industry, there will be an
all-party committee of this House. We haven't established exactly how
that's going to be done. I know the minister has indicated that he
intends to distribute a paper — a Green Paper, I believe he called it.
Again, I don't particularly object to that. I suppose that would be the
appropriate time a committee would be struck — perhaps a subcommittee,
who knows? — to tour the province in terms of the interests of those
communities. After all, the smaller, remote communities need special
attention, I think. So the committee would do the work necessary before
we would get into any legislative change.
I do have some concern, and I do hope that the changes do not
lead to a deterioration of the function of the commission, which over
time has really done a decent job. I think they've tried to keep
abreast of the times; they've tried to be nonbureaucratic. But they've
really been carrying out the function as laid out in the Motor Carrier
Act, and that is something we agree on, not something the commission
decides. We decide that.
Having said that, I have no further problems with any other
sections of the bill, and we will be supporting it.
Sections 11 to 29 inclusive approved.
Title approved.
HON. MR. MICHAEL: Madam Chairman, I move
the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Pelton in the chair.
Bill 47, Motor Carrier Amendment Act, 1987, reported complete
without amendment, read a third time and passed.
HON. MR. ROGERS: Committee on Bill 40, Mr.
Speaker.
FOREST AMENDMENT ACT, 1987
The House in committee on Bill 40; Mrs. Gran in the chair.
Sections 1 to 13 inclusive approved.
section 14.
HON. MR. PARKER: Madam Chairman, I move the
amendment standing in my name on the order paper. [See appendix.)
On the amendment.
MR. MILLER: I wonder if the minister would
give a brief explanation of the amendment.
HON. MR. PARKER: It's just a matter of
terminology. According to the forest council, the word "rent" is more
appropriate than "rental."
Amendment approved.
Section 14 as amended approved.
Sections 15 to 18 inclusive approved.
section 19.
HON. MR. PARKER: Madam Chairman, I move the
amendment standing in my name on the order paper. [see appendix.]
section 19.1.
HON. MR. PARKER: By way of explanation,
Madam Chairman, the
section calls for cost information to be collected,
and the amendment provides for the confidentiality of the cost
information from each individual source.
Section 149(3) of the act
provides: "Subject to a lawful requirement, no person employed in the
Ministry of Forests shall release or divulge a report submitted under
subsection (1)(
b) or (c)...." We're amending that to read: " (1)(
b) to (
d) or information contained in it unless (
a) the person who
submitted the report gives his consent; or (
b) the information is
released or divulged as part of a
summary that presents it in such a
way that it cannot be identified with the person who submitted it."
MR. JONES: In light of that, I can
appreciate the minister's not desiring to divulge information about
specific companies with respect to pricing and contracts and that kind
of thing. But does the minister's statement imply that information in
general will be available without the names of the companies but some
idea of the pricing of important commodities in this province will be
available to the public? Will persons interested in obtaining such
information have to go through the minister's office?
HON. MR. PARKER: The information gathered
in building the cost data bank will be available in
summary form. It
will be available in stumpage calculation information. So it's readily
available.
MR. JONES: I'd like clarification on the
definition of "readily available." Can members of the opposition and the
public obtain that information in
summary form, or must they go through
the minister's office to do that, or can they go through the ministry
itself?
HON. MR. PARKER: Whatever will be, will be.
I don't know what's going to happen down the track.
MR. JONES: I don't think che sara, sara is
an answer. It's the Minister of Forests who determines the degree of
availability of information in his ministry. I would like to know
whether he feels that this kind of information should be public
information or whether he wants to maintain a degree
[ Page 2561 ]
of confidentiality and control of that information by having
it go through his office, or whether it will be readily available
through his ministry.
HON. MR. PARKER: The cost information is
available in the stumpage appraisal system. It's available in the
stumpage appraisal manual. If a person has a stumpage appraisal manual,
he'll have that data. That information is available from the public
information
section of the Ministry of Forests and Lands.
MR. JONES: There's a relationship, then,
between the amounts in the manual, or the allowances, and the real
numbers, and this will vary with the manufacturing facility or the
harvesting group or whoever is involved. So the question is, is that
relationship — which is the interesting one in terms of public policy,
one would think.... Could we have some assurance from the minister,
then, that that will be available to members at least, in terms of
review, so that we will know what the relationship is between the real
numbers of the range — and there's going to be a significant range, of
course — and the allowance that the ministry allows?
HON. MR. PARKER: We could provide
information on range, but we will not provide specific information to
members of the House.
MR. JONES: Just to clarify, Madam Chairman,
the point is that we're not asking for the cost of a particular
company. It could be company A, B, C or D, without knowing what the
company was specifically. Then having that data, in effect having the
range, and not just broad averages but being satisfied in terms of
those specifics, and the implications of, and the information around,
the differences between what is allowed and what the real numbers
are.... Because as the minister knows, the Hopwood report prepared for
the truck loggers, with the cooperation of the ministry, clearly showed
a significant difference — in fact, it was a 25 percent difference, if
my memory serves me right — between what the Crown allowed and the
actual cost the corporations faced. That's a significant difference in
terms of reasonable return to the Crown in those circumstances. So
that's a question.
HON. MR. PARKER: The purpose of this
section and the amendment is to provide the legislative authority to
get the real numbers. That's the intent here. We will have the real
numbers on the costs of doing business in the forest industry. The
specifics, according to each licensee, will not be released; that
confidentiality will be kept. However, the data can be shared providing
the anonymity is assured.
MR. WILLIAMS: Madam Chairman, I'd like to
thank the minister for that position. It's thoughtful and reasonable.
[3:00]
Sections 19.1 to 23 inclusive approved.
section 24.
MR. WILLIAMS: Madam Chairman, the whole
transitional period is just not clear to me. Maybe the minister could
give us an overview of how he sees this transitional period evolving
vis--vis the export and refunds relative to export and implementation
of the new system, and what sort of general time-frame he sees here.
HON. MR. PARKER: Madam Chairman, the
purpose of this
section is to cover the period of time it takes to get
all the different licences in line with this amendment act. It ensures
that the stumpage rental and the royalty charges can be implemented on
all forest tenures. So it's to cover a grey period of time.
MR. WILLIAMS: I'm not sure I understood,
Madam Chairman. The minister must have some kind of calendar in mind
with respect to this transitional period, and the likely implementation
of the new system. Is it something like September as the goal, or
something like that as the minister announced previously?
HON. MR. PARKER: Madam Chairman, we have a
tentative date, on or about September 1. Whether that's achievable is
not clear at this time, but it will be before the end of calendar 1987.
Sections 24 and 25 approved.
Title approved.
HON. MR. PARKER: Madam Chairman, I move the
committee rise and report the bill complete with amendments.
Motion approved.
The House resumed; Mr. Pelton in the chair.
Bill 40, Forest Amendment Act, 1987, reported complete with
amendments.
DEPUTY SPEAKER: When shall the bill be read
a third time?
HON. MR. PARKER: With leave of the House
now, Mr. Speaker.
Leave granted.
Bill 40, Forest Amendment Act, 1987, read a third time and
passed.
HON. MR. ROGERS: Committee on Bill 46, Mr.
Speaker.
UNIVERSITY ENDOWMENT LAND
AMENDMENT AC77, 1987
The House in committee on Bill 46; Mrs. Gran in the chair.
Sections 1 to 9 inclusive approved.
Title approved.
HON. MRS. JOHNSTON: Madam Chairman, I move
the committee rise and report the bill complete without amendment.
[ Page 2562 ]
Motion approved.
The House resumed; Mr. Pelton, in the chair.
Bill 46, University Endowment Land Amendment Act, 1987,
reported complete without amendment, read a third time and passed.
HON. MR. ROGERS: Committee on Bill 32, Mr.
Speaker.
UNIVERSITY AMENDMENT ACT, 1987
The House in committee on Bill 32; Mrs. Gran in the chair.
Sections 1 to 7 inclusive approved.
section 8.
MS. MARZARI: I address
section 8 in the
context of the things I said yesterday during second reading of this
bill. I believe that
section 8 basically takes the responsibilities and
functions of the Universities Council and transfers them to the
Minister of Advanced Education.
The powers that are conferred upon the minister suggest that a
university will not establish a new degree program without the approval
of the minister. It strikes me that this is the very instance in which
the ministry and the government should be looking for an arm's-length
agreement between universities and a board or a body that sits
somewhere between institutions called universities and the ministry
itself. Although 46.1(1) clearly outlines and reiterates, basically,
that the universities are autonomous in terms of "the formulation and
adoption of academic policies...and the establishment of standards
for admission and graduation...and the selection and appointment of
staff," subsection (2) talks about the university not establishing any
new degree programs without ministerial approval.
I only point this out because I think it's a symbolic move for
the ministry to abandon the Universities Council, although I and the
opposition understand completely that the Universities Council has
atrophied and hasn't been used as a tool. I understand completely that
the universities themselves had lost any respect for the council.
I believe that this bill should not become
an act without
these comments being made.
Sections 8 and 9 approved.
section 10.
MR. JONES: Yesterday I raised a concern
with the minister with respect to the loss of input on the part of
school trustees in this province into the Joint Board of Teacher
Education — the loss of input into deciding how teacher education
should take place in this province. The minister responded by more or
less saying that it's really a matter for the Minister of Education
(Hon. Mr. Brummet).
I'm a very forgiving person. I am sure that the minister is
very busy and, by all accounts that I've heard, he is doing an
excellent job. However, it seems to me, as a former school trustee and
board chairman — as are a number of people who sit in this chamber —
that the loss of their voice in what is certainly an important part of
our education system in this province deserves a little more than:
"Don't bother me with that kind of question."
It seemed to me that it was the responsibility of this
minister, when he saw that amendments in this bill would bring about
the demise of the Joint Board of Teacher Education.... If he had
concerns about his former role as a school trustee and about teacher
input into an important part of the education system in this province,
he would have ensured and discussed with the Minister of Education
himself some alternative mechanisms for seeing that that trustee voice
was totally lost through the changes brought about by Bill 20.
I think it's an omission. The gravity of it is a question, but
it's still an omission on the part of this minister. Perhaps he has
talked to the Minister of Education, and perhaps he does have an answer
today.
HON. S. HAGEN: I believe that there will be
an opportunity for input into the new board. If I didn't feel that way,
I wouldn't have agreed with this section. I think you know me well
enough to know that I believe in input, that I believe in gathering
input from as broad a spectrum of society as I can. I rest assured that
there will be an opportunity for the B.C. school trustees to have input.
Sections 10 to 15 inclusive approved.
Title approved.
HON. S. HAGEN: Madam Chairman, I move the
committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Pelton in the chair.
Bill 32, University Amendment Act, 1987, reported complete
without amendment, read a third time and passed.
HON. MR. STRACHAN: I call committee on Bill
57, Mr. Speaker.
UNIVERSITY FOUNDATIONS ACT
The House in committee on Bill 57; Mrs. Gran in the chair.
Section 1 approved.
section 2.
MR. R. FRASER: Madam Chairman, under the
title "Agent of the Crown," I believe the minister said yesterday,
according to my reading of the Blues, that as agent of the Crown this
act would enable donors to deduct up to 100 percent of the value of the
gifts from their income tax. I want to ask the minister through you: is
that what he meant?
HON. S. HAGEN: Yes, to the hon. member,
what I said is what I meant, and the situation does not change. The
same tax provisions were available under the Universities Council of
British Columbia, which had an agent-of-the-Crown status.
[ Page 2563 ]
MR. R. FRASER: If I was to say that a
person who had an income tax bill of $5,000 could then donate $5,000 to
the university, thereby having a tax of zero, is that right?
HON. S. HAGEN: It's been a long time since
I've done any tax work. I don't think it's quite that simple. As I'm
sure the member knows, there's a long, complicated tax calculation on
the sheet. What we are trying to do is achieve agent of-the-Crown
status for the three universities by this bill.
MR. R. FRASER: Then could I ask the
minister if this will enable....? I don't believe, for openers, that
there should be 100 percent tax-deductible credits to anybody, and so I
would like to ask the minister if he could assure me that this will
give the universities no more or less leverage than any other
charitable organization.
[3:15]
HON. S. HAGEN: To the first member for
Vancouver South, this will give the universities the same benefits they
had under the Universities Council of British Columbia, and I'm sure
that the member would be familiar with that, since he was the previous
minister.
MR. R. FRASER: What I wanted to establish
is whether or not it would be a greater advantage to a taxpayer to
donate to the universities than to the CNIB, the Red Cross or other
charitable agencies. Is there a difference now?
HON. S. HAGEN: Madam Chairman, I'm not an
income tax consultant. I would suggest that the member contact an
income tax consultant or possibly his Member of Parliament.
MR. R. FRASER: I don't think the statement
in the Blues is correct. I don't think you can deduct 100 percent of a
tax by making a donation, and I want to be certain that we can't. I
don't want universities to be given a special advantage over other
charities, which would then distort charitable giving.
I want the minister to review this question and look at it
very carefully. If in fact there is a differential, I would encourage
the government to remove it.
Sections 2 to 6 inclusive approved.
section 7.
MS. MARZARI:
Section 7 deals with
investments made by the three corporations being created under this
act. I would like to suggest to the minister that investment policies
be made by the boards with regard to B.C. companies, with regard to
investment in British Columbia, and perhaps with regard to an ethical
investment program, which is being readily adopted by many of our
credit unions and which might be extended to the universities.
I ask the minister if he would take that as a recommendation,
to think that through and possibly suggest it, if not write it into the
act or into the terms of reference or regulations of the act, so that
these new corporations — this new foundation — will in fact reflect the
values of British Columbians, as they try to promote economic growth
and development.
HON. S. HAGEN: I'd like to thank the hon.
member for that good comment. Without wanting to interfere with the
autonomy of the universities, I would be pleased to make that
recommendation to the universities. I don't have any difficulty with
what she said. I just don't want to restrict them to any large extent.
Sections 7 to 18 inclusive approved.
Title approved.
HON. S. HAGEN: Madam Chairman, I move the
committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 57, University Foundations Act, reported complete without
amendment, read a third time and passed.
HON. MR. STRACHAN: Second reading of Bill
53, Mr. Speaker.
BRITISH COLUMBIA ENTERPRISE
CORPORATION
FINANCIAL RESTRUCTURING ACT
HON. MR. COUVELIER: Mr. Speaker, the B.C.
Enterprise Corporation Financial Restructuring Act, Bill 53, provides
for two transactions which are prerequisites for the government's plans
for establishing the British Columbia Enterprise Corporation and for
placing it on a sound financial footing. These transactions, combined
with other transactions provided for by the amendments to the B.C.
Place Act contained in Miscellaneous Statutes Amendment Act (No. 3),
1987, Bill 55, will enable the government to restructure the finances
of the company so that it will not have to borrow funds to service its
debt.
The principal transaction contemplated under the amend ments
to the British Columbia Place Act is the conversion of an appropriate
amount of the company's government debt to equity, to be held by the
government. This conversion, which will relieve the company of a
substantial interest burden, is appropriate in view of the large land
holdings being held for development by the company. These land
holdings, while still substantial in value, cannot be relied upon over
the next few years to generate a steady stream of revenue for servicing
the existing debt of the company.
The first transaction under Bill 53 will effect the
consolidation of the British Columbia Development Corporation and
British Columbia Place Ltd. Into the British Columbia Enterprise
Corporation. This consolidation was announced by the Minister of
Economic Development (Hon. Mrs. McCarthy) on March 6 this year.
The second transaction under Bill 53 will enable the
government to assume some of the debt of the British Columbia Buildings
Corporation in consideration for the transfer of the share in the
British Columbia Enterprise Corporation from the British Columbia
Buildings Corporation to the government, provided for in Bill 55. Such
consideration is appropriate, given that the British Columbia Buildings
Corporation debt financed its equity investment in British Columbia
Place Ltd. Transfer of the share is required to enable the government
to assume direct responsibility for the British Columbia Enterprise
Corporation.
The provisions of Bill 53 have been separated from the
amendments to the British Columbia Place Act contained in
[ Page 2564 ]
Miscellaneous Statutes Amendment Act (No. 3), 1987, as the
transactions contemplated under Bill 53 are expected to be one-time
events. Therefore, the provisions providing for these transactions
should be of a temporary nature. They will cease to have effect on
December 31, 1987, and should not be enshrined within the more
permanent British Columbia Enterprise Corporation Act, which is to be
the new name for the amended British Columbia Place Act.
The transactions provided for by Bill 53 will be made
retroactive to March 31, 1987, to enable the Crown corporations
involved to begin the 1987-88 fiscal year with a clean slate. This will
enable the government to more readily monitor the financial performance
of these Crown corporations during 1987-88 and to utilize 1987-88 as a
base year for assessing their future performance.
To conclude, Mr. Speaker, I move second reading of Bill 53,
British Columbia Enterprise Corporation Financial Restructuring Act.
MR. STUPICH: Mr. Speaker, at least one can
say that the minister didn't say this was housekeeping. It's not
getting rid of any debt; it's transferring it from one entity to
another. It is transferring it from a couple of Crown corporations to
the Crown itself, so it's the public accounts of British Columbia that
will reflect the total increase in debt, and who knows how much more,
because we don't know the figures. We do not have the statements for
B.C. Development Corporation. We don't know what the figures are going
to be.
I don't know whether the minister can handle this in second
reading or whether it would be more appropriate to committee, but I
want to put some questions to him. I note in
section 2(
a) that all the
property and assets of the Development Corporation are going to be
transferred to this new British Columbia Enterprise Corporation.
A question.... I might say it disturbs me, but I don't know
whether it does or not yet, because I don't know what the answer is.
The value of all those properties and assets is not going to be book
value, or at least the possibility of them not being book value is
there. We don't know that they're going to be appraised. All we know
from
section 4(
a) of the bill is that the
Lieutenant-Governor-in-Council may, by order made before December 31,
1987, establish the value of property, assets and rights for the
purpose of this transfer to the Crown. So the assets could presumably
be inflated tremendously in value and wipe out the $87.4 million
deficit that BCDC had on March 31, 1986. We don't know what it will be
by March 31, 1987, but if the rate of increase in the deficit is
anywhere near what it was in the year ending March 31, 1986, we're
looking at a deficit in the neighbourhood of $200 million. We don't
know; we have nothing to go on other than the increase in the deficit
in the year ended March 31, 1986.
That could be wiped out, of course. The Crown could come out
looking real good if the assets were inflated to the tune of $200
million; at least it would break even. I wonder what the guidelines
will be that the Lieutenant-Governor-in-Council will use. Will they
employ appraisers to look at the properties? Will they have an analysis
done of the accounts receivable, the investments and the loans
outstanding? How will the cabinet arrive at a value of the property and
assets to be transferred?
Then in 2(l)(b): "all of the obligations and liabilities of
the development corporation...." Some of the obligations and
liabilities are real, but beyond that there are the guarantees. Will
they be looked at? Here again, we look at 4(
b) and we see that the
Lieutenant-Governor-in-Council will specify the indebtedness of the
Buildings Corporation. Presumably, we'll look at the guarantees and
arrive at a figure as to just how much the corporation owes at that
point in time.
Specify the indebtedness of the corporation for the purposes
of the section.... I'm sorry; I'm onto 3(
l) now; I didn't mean to do
that. Just back up a bit now. We're talking about the current
obligations and liabilities of the Development Corporation. When I say
"current," I don't mean March 31, 1986, which are the figures we have,
but those that will exist sometime in 1987. We're not even assured that
it will March 31, but sometime in 1987.
Then we look at
section 3: "Assumption of Other Liabilities".
The minister said that some of the debt of B.C. Buildings Corporation
will be transferred to this new corporation, British Columbia
Enterprise Corporation. The "some" is going to be defined by the
Lieutenant-Governor in-Council. In 4(b), the
Lieutenant-Governor-in-Council will specify the indebtedness of the
Buildings Corporation for the purposes of 3(l). How are they going to
arrive at the indebtedness? What do they intend to do, shift all of it?
Make an allowance for losses that may not be realized yet — that is,
contingencies in some of the investments made by the Buildings
Corporation? I just don't know how they're going to arrive at that, and
I'm not sure that the minister does at this point in time. Maybe this
time would be more useful during committee, but I wanted to alert him
to some of the things that I think we should look at.
Looking at
section 3(3) a little further, it's not just March
31, 1987. "On and after March 31, 1987, any part of the indebtedness
referred to in subsection (2), in respect of the period on and after
March 31, 1987...." When is this going to end? At what point in time do
we say: "Well, enough is enough; all of the indebtedness incurred to
that point is going to be transferred to the new corporation"? We just
don't know.
Again in
section 4(c), the cabinet is going to make the
determination. That information — the cabinet discussions — will not be
available to the House. We won't know what arguments are presented in
council. All we'll know is that cabinet has made a decision to make
certain transactions, based on what? Based on the political needs of
the day to make something look good or bad and to have the Crown absorb
the whole of the loss and even enough of the loss to make sure that the
new corporation gets a good start? We just don't know. There are a lot
of questions about this.
At the present time, unless the minister is very persuasive
when he winds up second reading, I expect the opposition will be voting
against this bill on second reading.
[3:30]
MR. WILLIAMS: I think that the points
raised by the member for Nanaimo are significant. We look at the amount
of debt you're shuffling off to the general public and the taxpayer
here. You admit to some $396 million in this exercise, although it
isn't limited. There is $205 million through the Buildings Corporation,
and then that's not limited. So we're talking about shovelling off the
back of the truck a debt load unprecedented in the modern history of
the province, and with no clear end at any regard.
[ Page 2565 ]
But the point made by the member for Nanaimo about the land
assets is especially significant. I am sure that the minister
understands the significance of it in countless ways. These valuable
lands were transferred, many of them, for a dollar. Let's think about
that. Wasn't all of Songhees transferred for one dollar? Just imagine
walking out of this building and standing on the steps and almost for
as far as you can see on the other side of this Inner Harbour — from
the Johnson Street Bridge up to the Bay bridge, up the Gorge, around
the comer and out to Esquimalt — that incredible, magnificent
waterfront transferred for one dollar. What's it going to be on the
books, Mr. Minister? One dollar. What do you think that waterfront is
worth, in terms of dollars per front foot on the harbour — $100,000 a
foot? That might not be out of line. Maybe it's $50,000 a foot on the
waterfront. Maybe the minister has some numbers there.
That's just one piece of real estate transferred here. We've
talked about debt burial and shovelling debt off the back of a truck
onto the backs of the taxpayers on a scale unprecedented in the modem
history of the province. You've owned up to the $601 million, but you
already wrote off $54 million in the B.C. Development Corporation, as
the auditor-general reports. You've thrown in interest payments to B.C.
Buildings Corporation for good measure, and that ups the ante again.
But this lump that's buried in these land transactions may be even more
significant in terms of debt burial.
So that's a dollar. Now, what about the other pieces of land
that are being played with here? All of the land above Riverview, that
huge area when you go over the Port Mann Bridge — you look at the
Riverview area and you see the development above it. All of those
remaining lands from Riverview were transferred into this corporation
too, and if my memory serves me right, that too was for a dollar. But
that's not just Riverview alone. That's the stuff that Andre Molnar is
developing now. We read the ads in our newspapers every weekend in
terms of those lots being sold and fancy houses on them. We're talking
hundreds — nay thousands — of acres in the suburbs of greater
Vancouver. That's part of your debt burial scheme as well. Not only
Riverview: the Westwood Plateau. That is thousands of acres — all the
lands behind the Coquitlam shopping centre. And what was that
transferred for? Was that not for a dollar as well? So we're talking
about a monumental cleanup here.
You've got the $396 million that you admit to, the $205
million that you admit to, and then there are hundreds of millions in
land values as well that are wallpapering over this scheme and hiding
other losses, other problems within these corporations. It's absolutely
extraordinary what you're trying to cover here. As the member for
Nanaimo says, there are the guarantees of the B.C. Development
Corporation that you're dealing with here as well. There is $1.6
billion out in guarantees of the Development Corporation: how are we
satisfied about the security and the quality of the loans under those
guarantees? Where do we stand? Are you saying they're 100 percent good?
Your track record in the Development Corporation is abysmal. In the
last reported year, the loss of B.C. Development Corporation, which
that minister there is responsible for, was $87 million, and about $60
million the year before. You still haven't delivered to this chamber
the annual report of the Development Corporation for the last fiscal
year, even though that ended at the end of March.
The other liabilities: my God, you've still got the
dismantling of Expo in this garbage bag of debt. The dismantling of
Expo is a new cost. The stuff has been sitting there; the interest
clock is continually ticking with respect to all of this stuff. So the
demobilizing of Expo is still to be dealt with, because that shunted
into B.C. Place after Expo. You still see those rides when you go over
the Georgia Viaduct. Whatever they call those rides that you see from
the viaduct, they're still not demobilized, still not broken up, still
not sold. Another hare-brained scheme of the minister's — not this
minister, but the other one that spends so lavishly — is to dump all of
those playthings, for some ridiculous low price per acre, into a public
park in North Surrey at tonehead, with some play land outfit from the
United States of America.
This is covering screwball deal after screwball deal, and it's
to accommodate new screwball deals. As the member for Nanaimo says:
"Where will it end?" What about the Development Corporation's loans,
Mr. Minister? What kind of allowances have you got in terms of bad
loans still within the B.C. Development Corporation? What have you set
aside so far for major bad loans within BCDC? We look at these crackpot
schemes you people consider again and again, and can't help but think
about the gasohol one coming down the pipe.
AN HON. MEMBER: That's not theirs.
MR. WILLIAMS: They shunted it off to
Agriculture, because even these guys knew it was too screwball to
accommodate within the Development Corporation, which is already in a
river of red ink. Mr. Minister of Finance, what are the provisions for
loan losses within the Development Corporation currently with respect
to loans under $1 million? Mr. Minister of Finance, what are the
provisions for loan losses currently within the Development Corporation
for loans over $1 million? What percentage of your portfolio is in a
bad-loan category? What percentage of your portfolio is in a watch-list
in terms of being wobbly loans, in terms of the likelihood of payment
being narrow?
All of these are reasonable questions, Mr. Speaker. Yet here
we are, entertaining this financial restructuring act, this statute
that's before us now from the Minister of Finance. It's an abysmal
track record — unequalled, I think, in this part of the world, in modem
years. There's no indication that it's going to end. There's absolutely
no indication whatsoever that the profligate spending tendencies of the
minister responsible for this corporation will ever cease until there's
another provincial election. There's no indication that the minister is
going to be shuffled off, as should clearly be the case. There's no
indication that she's being harnessed in in any regard in her spending
habits.
There has been profligate spending under this minister in this
ministry, unequalled in this province. It is no small wonder that we
have to do some debt restructuring around these corporations that she's
responsible for. She is the most profligate spender in the modem
history of British Columbia, and much of that spending is with no
return. It's all too clear. We have not been provided with adequate
material at all, in terms of the nature of the problems you face. It is
an open-ended situation in terms of accommodating the debt here. It may
well not be just the $396 million that you talk about here, and the
$205 million that you talk about here, that you're shovelling off
onto the backs of the taxpayers.
There are untold millions in terms of the land deals that are
accommodating the underlying waste within these corporations. At
Songhees, as I've said; at Riverview, as I've said; at Westwood, as
I've said, we have incredibly valuable land
[ Page 2566 ]
assets handled in a questionable way, in every respect. That
is another cover for the debt and the waste being handled by this
minister. To come before this House and ask for approval of this kind
of bill at this stage, and with this limited reporting, requires that
the opposition say no. We want an end to the profligate spending of the
Minister of Economic Development (Hon. Mrs. McCarthy).
MR. SPEAKER: The first member for Victoria
seeks leave to make an introduction.
Leave granted.
MR. G. HANSON: With us on the floor is
Judyth Watson, a Member of the Legislative Assembly for Western
Australia. She's a Labour MLA for the riding of Canning, and her home
is in Perth. I'd like you to join me in making her welcome here.
MS. MARZARI: In rising to speak to this
bill, one has to look back over a number of months of announcements
that have been made regarding B.C. Place and its folding into BCEC. We
knew then that BCDC's debts would also be folded into the new
Enterprise Corporation. We were barely able to digest that when we were
looking at a deficit of $400 million at that point. The opposition has
tried very hard, I think, using various techniques, to find out what
that debt structure looked like.
[3:45]
There's basically nothing wrong with consolidating debt to pay
it off, but we are a public body, and when that debt is consolidated, I
think it's incumbent upon us and upon the government to disclose what
that debt looks like. When we know about BCDC being folded into the
Enterprise Corporation, it's very important, before this move is
formally ratified, that the debt be looked at, that it be accounted
for, that the Public Accounts Committee perhaps be asked to look at it.
It's something that the Public Accounts Committee, the deputy Chair and
I have talked about doing. It has not yet come before the Public
Accounts Committee, but I would suggest that it might be a good idea
for this government to ask the committee to look at the BCDC debt.
But that's only one component of the new bill now before us.
The new bill adds $205 million. When I read that I realized, as we now
add the B.C. Pavilion Corporation, that we are layering on yet another
level, another public body to absorb yet more debt and to run two
additional public corporations, the convention centre and the pavilion.
In looking at this additional $205 million, which I believe
was addressed last night, I feel I should read into the record the BCDC
annual report of 1983, which states:
"In September 1982 the BCBC made a $205
million equity investment in B.C. Place Ltd. and holds the only
outstanding share. The investment is long-term and is expected to
return excellent future dividends. Our investment is already fully
covered by the significant increase in land values over costs realized
since acquisition. To assist BCBC in this venture...the interest
costs until such time as the cash flow from the investment exceeds our
interest payments on related borrowings."
Well, we all know the sad tale of the operating deficits on
B.C. Place: $162, 000 in 1984, $3.889 million in '85, and almost $4.6
million in'86. This was no investment. This was debt from the very
beginning. The government must have known this, but only now, as I see
it being folded into the overall package now called BCEC, can we even
begin to understand the full nature of this debt that needs to be made
up for or written off.
I would say, Mr. Speaker, that the time has really come for
reckoning, and that before this bill is put forward.... As I say,
there's nothing wrong with consolidating debt, but there is something
very wrong with not reporting on that debt and ensuring that there is
public accounting for that debt.
The other question, of course, which comes to mind and which
cannot be overlooked is the timing. The consolidation of this debt
before March 31 or April 1 of this year, no matter when transactions
are conducted, no matter when the land is sold off, is beyond
understanding. The so-called clean sweep seems to neglect basic
principles of accounting and public accounting.
There is a way of consolidating debt. There is a way of doing
it with some integrity. There is a way of producing reports and of
laying it on the table that people can understand, that the opposition
can look at. By doing it in this way and by choosing the timing that
you've chosen, this government lays itself open to accusation, to
suspicion. Your integrity is questionable by doing it this way. There
must be a way of coming around it.
I would suggest — this is just one small step — that certain
of the transactions, certainly the loan portfolio of BCDC, could be
sent to the Public Accounts Committee. That would be one small step. As
for the rest of it, I would suggest that we need an inquiry before a
bill of this nature goes through and before we get on with the business
of packaging and selling those lands, so that we have a complete
accounting.
MR. SPEAKER: Pursuant to standing orders, I
advise the House that the minister closes debate.
HON. MR. COUVELIER: There were so many
points made there that there was no way I could capture them all, but
I'll try to address the few that I did catch.
First of all, the opening speaker dealt with accounting
policies. I think it's clear that the House should understand that the
accounting policies that were implemented here in the determination of
the transfer of assets were in an effort to simplify the relationships,
not complicate them.
The major accounting policies followed were.... First of all,
land and projects are recorded at the lesser of current market value or
cost. Loans are recorded at principal outstanding, less provision for
losses. Public facilities are recorded at cost, and trust funds are the
loans administered on behalf of the government, for which BCDC is fully
indemnified.
We can get into further detail during committee stage, and I
am happy to do that. Some of the comments I heard implied that Songhees
lands were being transferred. They're not. There is no suggestion that
Songhees lands are being transferred.
There was reference to Expo. There will be a statement on the
Expo dismantling in short order, in a reasonable period of time in the
near future. I can tell the House that there is no embarrassment
associated with that exercise. It will be a good-news story. Dealing
with the rides on Expo, we have offers on the rides, and there are
three proposed locations. So
[ Page 2567 ]
we are not without remedies in terms of that portion of the
dismantling.
There is constant reference to a sum of $396 million and, by
virtue of the loose phrasing used, listeners might wonder whether we're
talking here about a write-off of bad debts or something. The fact of
the matter is that the proposal deals with the necessary write-down and
simplification of some of these relationships, and $396 million is
being converted to equity. It is believed, using the properly accepted
accounting principles I introduced a minute ago, that those sums that
we have worked out are defensible, and we're very happy to deal with
that.
I think it's important to understand the government's motive
with these two pieces of legislation. The objective is to clarify the
accounting records of past years, made in different times by different
players. I heard some suggestion that this is a coverup. Of all the
absurdities! The reverse is true. We are here dealing with the subject
so that the records can be set straight, so that there can be a public
debate in this room on these matters.
Furthermore, I heard some suggestion.... There was a query
from one of the speakers, wondering about the write-off provision for
bad debts. In the interest of full disclosure, we did provide the
questioner with that very same material today.
AN HON. MEMBER: Yesterday.
HON. MR. COUVELIER: No, he was given
further material this morning, and if he cared to read the material we
provided him, he would note that on the bottom of the page there is a
write-off provision for bad debts. It would have answered the very
question he put to me. Anyone observing this absurdity would wonder
what it is that we are trying to cover up. We are covering nothing up.
We are bringing it all before the House for clarification, and there
will be full and ample opportunity to get into some of these details
during the committee stage.
I am happy, therefore, to move the question.
[4:00]
Motion approved on the following division:
YEAS — 34
Rogers
L. Hanson
Reid
Dueck
Michael
Parker
Pelton
Loenen
Crandall
De Jong
Rabbitt
Dirks
Mercier
Veitch
McCarthy
S. Hagen
Strachan
Vander Zalm
Couvelier
Davis
Johnston
R. Fraser
Weisgerber
Jansen
Hewitt
Gran
Chalmers
Ree
Serwa
Vant
Long
Messmer
Jacobsen
S.D. Smith
NAYS — 16
G. Hanson
Marzari
Rose
Harcourt
Stupich
Skelly
Boone
D'Arcy
Gabelmann
Blencoe
Cashore
Smallwood
Lovick
Williams
Miller
Edwards
Bill 53, British Columbia Enterprise Corporation Financial
Restructuring Act, read a second time and referred to a Committee of
the Whole House for consideration at the next sitting of the House
after today.
Ministerial Statement
SKYTRAIN BRIDGE CONSTRUCTION
HON. MRS. JOHNSTON: Mr. Speaker, I rise to
make a ministerial statement.
Earlier this afternoon, during question period, the member for
Surrey-Guildford-Whalley (Ms. Smallwood) made statements to the effect
that would support allegations regarding serious structural problems
were evident at the SkyTrain bridge. I would like to read the report
sent over to me.
"The allegations are untrue. What is
happening is that construction crews working on the north tower are
removing the sheet-steel panels used in the water — the form mould for
the tower. Divers, as they normally do, are assisting and helping to
dismantle the water frame. A short distance away on the north shore, a
crew is driving preliminary piles where the cable anchor tower will
shortly be built.
"Work on the SkyTrain bridge is as
normal: on time and on budget."
MS. SMALLWOOD: Mr. Speaker, I'd like to
first thank the minister for the information, and I'll be pleased to
relay it to the numbers of people who have been phoning over the last
few months about the specific concerns that I raised with her
previously.
I want to take exception, however, to the comments the
minister made about allegations. I'm afraid the minister doesn't
understand the process of question period — that the questions were put
to the minister to clarify some of the concerns expressed to me.
The minister provides information. We are pleased that the
project is on time and that there are no significant problems.
HON. MR. STRACHAN: Committee on Bill 55,
Mr. Speaker.
MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 3), 1987
The House in committee on Bill 55; Mrs. Gran in the chair.
section 1.
MR. WILLIAMS: Madam Chairman, I just wonder
what flight of fancy, what wild moment of imagination, resulted in the
renaming of the Titanic the B.C. Enterprise Corporation.
We've had a session in which we've never seen the Minister of
Economic Development — she's so busy out wheeling and dealing. Last
night she was too busy eating cake to even deal with the matters before
the House. Maybe she can advise us: did she hire a marketing
corporation to find a nice new name for the Titanic?
HON. MRS. McCARTHY: No.
MR. WILLIAMS: Madam Chairman, you mean she
did it all on her own? Is that the situation — the name of the
[ Page 2568 ]
Enterprise Corporation was developed by the minister herself?
HON. MRS. McCARTHY: Madam Chairman, the
member has asked whether the name was requested by me. It was a
decision made by the board of directors of the two corporations and
accepted by the two corporations, which will now come under the name of
B.C. Enterprise Corporation.
I know the name "Enterprise" raises the colour in the face of
the first member for Vancouver East.
Sections 1 and 2 approved.
section 3.
MR. WILLIAMS: This is the shares of the
company, Madam Chairman, and the shares of the company deal with backup
— all of these assets, presumably. It's in this area of assets of the
corporation that one is intrigued. One would ask, with respect to the
land values of this corporation: what numbers are there in terms of the
assets behind these shares?
HON. MRS. McCARTHY: The audited values,
Madam Chairman.
MR. WILLIAMS: Could the minister then
advise the House, Madam Chairman, what those audited values are? For
example, what are the audited values of the Songhees lands in the Inner
Harbour of Victoria?
HON. MRS. McCARTHY: Madam Chairman, I
wonder if the member would just phrase that once more. I'm afraid I've
not quite caught whether he's asking about a specific. piece of land or
the total amount of land.
MR. STUPICH: Madam Chairman, before he
does, I think we're on
section 4 rather than 3. I believe
section 3 has
passed and we should be on
section 4.
MADAM CHAIRMAN: We're on
section 3, hon.
member.
MR. STUPICH: I think not, Madam Chairman.
Section 4 starts at the bottom of the page; it's just the very
beginning of it. The material we're into right now — and there's a lot
more.... It says
section 3 at the top of page 2, but that's
section 3
of the original act. We're talking about
section
Section 3 approved.
section 4.
MR. WILLIAMS: Madam Chairman, we would
appreciate it if the minister would provide us with both those areas
she just referred to, i.e., the value established by audit for all of
the lands — in saying "all of the lands," I mean the major components —
but specifically, in terms of those major components, Songhees, the
False Creek lands, the Riverview lands, the Westwood lands, and
Whistler as well.
HON. MRS. McCARTHY: That is fully explained
in the recent Public Accounts, and the amount is $131.313 million in
total.
MR. WILLIAMS: The minister also asked
regarding the specific elements. Yes, we indicated we were concerned
about the specific elements. What then is the value that you have in
terms of audit for the Songhees lands?
HON. MR. COUVELIER: I might be able to
assist here, insofar as it was primarily my staff members who were
involved with the numbers we're describing here. The Songhees
valuation, after these adjustments are made, will be $3.411 million.
MR. WILLIAMS: I hope we can get the
additional information as well regarding the other lands, if we might.
HON. MR. COUVELIER: I'm happy to advise
you. The total valuations for the properties, after the write-down
exercise, are: False Creek, $96.872 million; Songhees, $3.411 million;
Westwood properties, $1.969 million; Whistler properties, which I might
add are still under review — they might, as a consequence of
discussions with the community up there, require further adjustment —
but at the moment we project $9.513 million; for a total of $111.765
million.
MR. WILLIAMS: The audit, then, accepts
these numbers. So we're talking about $3.4 million for the Songhees
lands. That's not very much money for the lands over there on this
magnificent Inner Harbour. We're talking about virtually everything
from the Rainbow Park site in Vic West around to the Johnson Street
Bridge, and then continuing up to the Bay Street Bridge and the lands
behind. With a few alienations, it's the original Indian reserve in
Victoria West. It is a huge piece of land, and you're attributing to it
a value of $3.4 million.
The Minister of Finance seems keen to respond, so maybe he
could elaborate some more.
HON. MR. COUVELIER: That figure is the cost
of the land acquisition, which as I said obliges the accounting
principles that we agreed upon when we embarked on this exercise.
MR. WILLIAMS: I think this confirms the
business of more debt burial. There is no way in the world that any
appraiser would put that kind of ridiculous low value on the Songhees
lands. That would never happen. You've also got a staff in the
Assessment Authority that reviews these questions constantly.
[4:15]
As part of completing acquisition of all lands in the Songhees
area, two and a half acres that isn't even waterfront were acquired by
the Crown to consolidate the lands. That 2.3 acres, I think it is — not
waterfront, but rock backland — was bought by the Crown. It was only a
couple of acres, out of what? A hundred in Songhees, or something like
that. A clearly modest part of Songhees was bought by the Crown in the
last few years from Mr. Hartwig, a prominent supporter of the
government. Does the government have the figures for the acquisition of
a small part of the Songhees lands? What was paid for that two acres?
HON. MRS. McCARTHY: I think that this is
not related whatsoever to the
section we are debating. However, I think
the point was made in another debate just earlier. The Minister of
Finance made the point that the whole restructuring of
[ Page 2569 ]
these companies was done in a way in which there would be, by
the sale of the lands, a return to the people of British Columbia. It
should be noted that in a recent announcement on that very land that
the member for Vancouver East is discussing, there was a sale of over
$5 million.
I don't know the piece of property to which you are referring
by the name of Hartwig, because I don't know that transaction, nor do I
know the gentleman. That was certainly before my time, so I have no
idea as to what the finances are in that; perhaps the Minister of
Finance would know. But again, that was before this Minister of
Economic Development was involved.
MR. WILLIAMS: I am aware of the actual sale
figure, Madam Chairman. It was $1.1 million for a couple of acres. It
wasn't waterfront land at all; it was backland — you know the rock that
you see as you come off the Johnson Street; Bridge back of the
waterfront. Yet you've got an evaluation down here of $3.4 million, and
as the minister says, there is a sale underway which we've not had the
details of to date. She says it's in the $5 million range — for some of
the waterfrontage, I presume.
HON. MRS. McCARTHY: It seems that the
member is only giving substance to what the two acts are doing; that
is, getting a return for the people of British Columbia on the land. He
is arguing book value as opposed to assessed value, and you can't
compare oranges and apples.
MR. WILLIAMS: I think it's very clear
what's happening. I think it's very, very clear; I think the minister
knows it's very, very clear. You're putting down unreal numbers in
terms of the value of these lands so that you can look good, so that it
can accommodate any kind of perceived problems within these
corporations. Because if a couple of acres of Songhees in a free-market
transfer are worth over a million dollars, and it's backland, and you
say that all of the Songhees lands are worth only $3.4 million, well,
that's certainly a natural setup to try to make you look as if you're
really very able in marketing land, and as if you've made these huge
profits, when in fact the real numbers are very different.
Those lands are extremely valuable, but you're not recognizing
that in these numbers. So that's going to again accommodate the kind of
waste that's been going on within these corporations that are now being
amalgamated. It's a way of dealing with previous profligacy, waste and
bad judgment within these corporations that you're now parenting in the
name of the Enterprise Corporation.
The Songhees reserve lands are clearly worth huge amounts of
money, and I suggest that you have these other lands down.... The
Westwood Plateau is at $1.9 million. If my memory serves me right,
we're talking about something like 1,000 or 1,500 acres in the Westwood
Plateau — a whole new city back of Coquitlam Centre — and you're
telling us that it's worth $1.969 million. It isn't worth $1.969
million; it's worth a king's ransom, and you've put it down here with
this kind of number. You're talking about creating a clean slate, and
that's not the circumstance at all. You're putting a slate together
here that has no relationship to reality, in terms of what those values
are.
We've talked about the debt-restructuring thing; the land side
is another major side. So you have these huge suburban lands at
Westwood, the land at Riverview, the land in False Creek, the land in
Songhees, and you've put them down with very modest values. I assume
that these numbers include some of the private acquisitions and then
the dollar for the free Crown grant. Is that how you came up with these
numbers?
HON. MR. COUVELIER: The hon. member can't
have it both ways. He cannot criticize us for using conservative
accounting principles — that is to say, valuing the land at the lesser
of cost or market — then at the same time attack us for correcting
price valuations made at different times by previous governments who
did use that kind of market approach. What we're trying to do is ensure
that the accounting dealing with these assets is done in a properly
recognized fashion, a fashion that is approved by every accounting
house of any stature in Canada, and one that we endorse.
Dealing with the Songhees land itself, the member should
appreciate that all of the Songhees land is not serviced. There will be
a servicing cost, and that cost will be sizeable. Until that servicing
occurs, the valuations of the other parcels will be somewhat less. As
the member knows, raw land is far less valuable.
So you can't read anything into a $5 million sale of
waterfront land and extrapolate that over the balance of the lands. The
balance of the lands are not serviced. As the member just pointed out,
it is rock; so servicing will be an expensive item. It is appropriate
to value these lands at cost. If, in the fullness of time, the
government is able to service them and still make a profit, should we
not applaud? Surely the purpose of the game is to get ourselves on a
basis that can be judged and where performance can be rated. Until we
get to that stage, I submit to the hon. member that he is going to be
faced with continuing to make the weak arguments he's making today. I'd
like him to be on a little firmer ground a year or two from now, when
he comes back to judge the performance of this government in settling
these matters.
MR. STUPICH: I look forward to that time as
well. I notice two ministers popping up to answer the questions. I
think my questions would be more appropriate to the Minister of
Finance, but I'll leave it to them.
I'm looking particularly at
section 3 of the original act,
which is
section 4 of this one. Near the top of page 2 and under
3(2)(a): "...purchase or otherwise acquire shares, notes, bonds,
debentures or other securities of the company or of B.C. Pavilion
Corporation...." The Minister of Finance will have the authority to do
any of those things in any amount without coming back to the
Legislature, subject only to the approval of the cabinet. That's the
way I read it. It can buy any number of shares; it can loan absolutely
any amount of money by way of note or buying bonds or debentures or any
other security that the minister chooses to use. There is no limit on
the amount that the B.C. Enterprise Corporation or the B.C. Pavilion
Corporation may get from the government, other than the good nature of
the Minister of Finance. Am I reading this correctly?
HON. MR. COUVELIER:
Section 5.1 has the
effect of limiting the indebtedness. In any event, as a consequence of
this restructuring, I can tell the hon. member that the government does
not anticipate having to make further borrowings as a requirement for
keeping these companies whole. It is anticipated that this
restructuring will enable a transfer and a sale of assets in the
marketplace that will be orderly and,
[ Page 2570 ]
given the rising market situation we're faced with, will not
require a drain on government expenditures.
MR. STUPICH: It's not very long since the
Minister of Finance stood in this House and said that he would never
borrow to pay for groceries. What the minister anticipates today may
not hold true two or three years from now.
When the minister said
section 5.1 limits the amount of
indebtedness, he's looking at
section 7, which refers to 5.1 of the
old act, where it says that the amount shall not exceed a prescribed
amount. Is that a limitation? Who can tell me what "prescribed amount"
means today, next year and five years later?
HON. MRS. McCARTHY: We're not on
section 5,
but it refers to borrowings. I think you're not referring to borrowings
in this
section we are now on.
MR. STUPICH: The minister is quite correct.
I was sidetracked by the Minister of Finance referring to that section.
In answer to what I said about 3(2)(a), he said that it's
limited by another
section we're coming to later. Looking at 3(2)(b),
the Minister of Finance, again with the concurrence of the
Lieutenant-Governor-in-Council,"may...convert any government held
shares," etc., and then under (ii) convert any "indebtedness owed by
the company or B.C Pavilion Corporation to the government into other
shares...." So any amount that the B.C. Development Corporation or the
B.C. Enterprise Corporation may borrow from the government — any amount
at all, subject to a
section we're coming to later — the government at
any time may write off and say, "We're not going to call it a debt any
longer; we're going to call it an investment in shares," as opposed to
a loan of some form. That's the way I read it. Am I correct in that?
Madam Chairman, the minister indicated to me.... Oh, I'm sorry.
HON. MR. COUVELIER: I guess Hansard doesn't
record nods. The answer is yes.
MR. STUPICH: Madam Chairman, I'm going to
read briefly from a rather long editorial that appeared in the Vancouver
Sun .
"The provincial government is asking more
than the Legislature should give.... The bills before the Legislature
concerning B.C. Place...are disturbingly vague — too vague. These
bills as now written amount to a blank cheque from the people of B.C.
They give the government extraordinary powers.
"Our first concern.... Is for the
citizens and taxpayers of B.C. who are being asked to give the
government this blank cheque.
"The government will never have to come
back to the Legislature for any money to deal with B.C. Enterprise
Corporation or B.C. Pavilion Corporation. Now they say they're going to
make it in the marketplace. Their record is not all that good; but
whatever — if they ever want any more money from the taxpayers of the
province, they'd never have to come back to the Legislature.
"The government would be able to pay off,
without further reference to the Legislature, any debts incurred for
these projects, in any amount, from general revenue, under powers
specifically granted in the bills.
"'Extraordinary' — the word we used at
the outset to describe these bills — is perhaps an understatement of
the seriousness of the powers being sought by the government to enforce
its will on the people of the province.... The Legislature should not
pass these bills."
Madam Chair, that editorial was not written yesterday. It's
dated July 30, 1980, and here we're doing it again. We're giving the
minister and the cabinet.... You know, for this kind of authority, even
for B.C. Hydro, the government used to have to come back to the
Legislature every year when it wanted to increase borrowing for B.C.
Hydro, and there was some handle on it. We knew what B.C. Hydro was
doing, because there was that legislative authority to say no to B.C.
Hydro, had we chosen. We didn't. We always passed the bills that the
government introduced, whether we were in government or whether the
Socreds were in government. But at least there was that accountability.
[4:30]
There is no public accountability as far as B.C. Enterprise
Corporation is concerned. They're not responsible to the Legislature.
They never report to the Legislature. They never report to the
auditor-general. The auditor-general can't look at them. The
auditor-general would like to at least review his right to look at
them, but that apparently has not been agreed to yet. No
accountability; they never have to come back; a blank cheque for
anything that B.C. Enterprise Corporation or B.C. Pavilion Corporation
wants to spend at any time; and we're being asked in this
section to
say: "That's okay with us. We don't care how much you spend. We don't
care what you do with it. We don't care whether you ever tell us about
it. But go ahead and do it and have fun while we do something else."
Madam Chair, we can't allow this
section to pass without
opposing it the best way we are able to.
HON. MR. COUVELIER: B.C. Place's auditor
will be the auditor-general, Madam Chairman.
MR. STUPICH: Madam Chair, B.C. Place —
there's no such place any more; it's going to be something else. The
minister is telling us that. Well, we have to take his word that it
will be the auditor-general, but that hasn't happened yet and the
minister may change his mind by tomorrow. There's nothing here to
assure us of that. I would prefer that it were, but I have no knowledge
at this point in time that it will be other than the minister telling
us what's going to happen sometime in the future. But whatever, we're
still giving the government a blank cheque in this. Why not put a limit
on it? I appreciate that in another
section we might argue the point of
the limit more forcefully, but certainly in this one it's absolutely
limitless, subject to another section.
MS. MARZARI: What I'd like to ask pursuant
section 4, called 3 on page 2, is for clarification of the process
being used here for the B.C. Pavilion Corporation. As I read it, and
how I see these transfers operating, the government is intending to
transfer the 80-year lease on the trade and convention centre, and the
title to the stadium and the related assets of those facilities, to the
Pavilion Corporation. Then you're going to transfer the shares to the
Minister of Economic
[ Page 2571 ]
Development, and those facilities are going to operate
separately from BCEC, and report directly to the minister. Am I correct?
My question is this: why do you take two operating entities
and run them through the process this way? Why do you want to confuse
the loans and lands with operating entities? Why not create the
Pavilion Corporation, which makes some sense, and keep it separate and
distinct from the beginning? Wouldn't the accounting be a lot clearer?
It seems to me that we're creating a step here that does things that I
must admit I can't really get my hands around.
Further questions — I should just go through them. What are
the related assets of the stadium and the convention centre? Is there
any balance sheet to show the value of these assets?
HON. MR. COUVELIER: Madam Chairman, the
B.C. Pavilion Corporation already existed, so we had a corporate shell.
We did the logical thing, I submit: that is to say, transfer the
operating assets, the assets that have to go out on the marketplace and
sell themselves and have a daily profit-and-loss kind of operation. We
did consolidate those in the new structure of B.C. Pavilion Corporation.
In answer to the question as to what the assets will consist
of, they will consist of $157.1 million for the stadium, which is the
cost, and $300,000, which represents the value of the lease on the
convention centre. These are the two entities that, as I said, have a
daily operating requirement. As such, it was deemed appropriate that
they should be spun off in a corporation of their own where their
performance can be judged, and where the staff can be properly charged
with a mandate to keep the facilities full, occupied and profitable,
all that kind of thing.
So the balance sheet will consist of those two assets. The
other side of the balance sheet will show an equity for the total of
$157.4 million. It's a very simple balance sheet.
MS. MARZARI: From this point forward, will
the operating deficits of those facilities show up on the B.C. Pavilion
Corporation's balance sheet, rather than on the BCEC's? I can see
taking the value of B.C. Place as a stadium and its original value some
years ago when it was built, and putting it as a capital asset on the
new B.C. Pavilion balance sheet, but the buildup of debt there has been
substantial. Are you saying that the operating debt from this point
forward is going to be on the Pavilion Corporation's balance sheet,
rather then back there with the old stuff?
HON. MR. COUVELIER: Madam Chairman, there's
no debt accumulated here. What the balance sheet shows is equity. In
other words, they have two assets and they have an equity, which is the
ownership's interest in the assets. As to future operating expenses, I
do believe — the Minister of Economic Development may wish to expand —
that the operations of the convention centre and the stadium will be,
and are now, the subject of some discussion with people in the greater
Vancouver community. So that may yet remain unaddressed.
In any event, there is certainly no harm.... As a matter of
fact, I think it's entirely preferable that these assets should be spun
off so that their performance can be judged. The very objective that
I've heard from the opposition benches is obliged here. I see nothing
for you to criticize. It is a straightforward accounting transaction
where the books will be clean. Isn't it preferable that you start off
this fresh-start government with clean books so that you can have some
facts to deal with next time we meet on this subject? It's a public
corporation. The facts will be made available.
HON. MRS. McCARTHY: Madam Chairman, in
answer to the member for Point Grey, I think she would want to know
that there is a community board of directors in the Pavilion
Corporation, and they will be responsible and report to the minister.
MR. WILLIAMS: I think it's necessary to
reinforce the comments made by the member for Nanaimo. What we have
here is a blank cheque again. There was a reference in 1980 to the
blank cheque that was delivered for B.C. Place. We are now going
through the miserable process, again, of offloading this huge mountain
of debt. We've used up the truck to throw off the debt onto the backs
of the taxpayer, and now it's a new truck and a new debt that can be
handled here. You can call it what you like. You can buy shares and
that whole fiction, in terms of additional shares in the name of giving
you money or getting rid of new debt. But that's what the exercise can
be.
We have here a minister who has shown profligate spending
ways. None of her colleagues in the government benches and none of her
colleagues in cabinet would attempt to spend in the profligate manner
that this minister does. None of her colleagues have her royal spending
habits. None of them entertain in the grand manner that the member from
Shaughnessy does — at public expense, all too often.
This
section is asking for blank cheque number two for that
minister. We won't buy that one. We won't buy a blank cheque for this
minister. She has shown what she does with the money. We won't buy
another blank cheque. I think the people on the government back benches
should reflect on that. Have you been happy with the recent weeks and
months of the spending of this minister? Have you all been happy with
the spending that has gone on with the million-dollar party last week
and all of the other stuff`? This is your opportunity to show where you
stand on profligate spending. This is an opportunity for everybody in
this House to say we won't go along with this nonsense any longer. The
public purse is not open; it's not bottomless. We want some real
economic development in British Columbia. We don't want any more of
this razzle-dazzle stuff. That's what we mainly get for our money out
of this Minister of Economic Development. We say no, no, no. No more
wasteful spending by this minister.
HON. MRS. McCARTHY: When I took on the
responsibilities for B.C. Place and BCDC, it was very clear that there
were several responsibilities that were duplicated. What we have here
today is the sorting out of a very confused state of affairs in terms
of financial management and responsibility. This government — with a
new minister in charge of those responsibilities, and with a new
Finance minister responsible — has divided off those responsibilities
in their proper areas.
Heretofore, if the member who has just taken his place were to
ask for an accountability on the stadium, he would have found it all
mixed up with land development on B.C. Place and 12,500 acres all
throughout the province. We've taken on a new responsibility. We've put
the stadium under the Pavilion Corporation, and as the Minister of
Finance has
[ Page 2572 ]
clearly stated, you'll be able to know and see the
accountability of the stadium and its operations in the future under
the Pavilion Corporation's responsibility and its board of directors
responsible to this minister and to this House. In addition, there is a
trade and convention centre that has been added to those
responsibilities — again, in the same manner. Those responsibilities
will be well reported to the Pavilion Corporation, operated by the
Pavilion Corporation, not mixed up with land development, not mixed up
with sales of land, but divided off in its proper context. I think
that's just good business judgment.
Although it has nothing to do with the
section we're
discussing, I also think, including the reflections I have and the mail
I've been getting in the last couple of days, that the $300,000
expenditure by the board of directors on the opening of a building
worth $160 million was a very good investment in marketing. Although
the member who has just taken his seat wishes to call that profligate
spending, we would call it on this side of the House.... I can tell you
that, from what I have heard from the community, including the
community which hires more people in this nation, let alone in this
province — the hospitality and tourist community — it's probably the
best investment made in marketing for a very great return.
MR. WILLIAMS: That's all very interesting,
but the minister doesn't deal with the question of the blank cheque.
She wants it; she wants it bad. She wants a blank cheque — no two ways
about that. That's the way she operates. It's the rest of you who
should be harnessing her in and saying: "No, we will not give this
minister a blank cheque." Pure and simple — enough, enough, enough.
There's no question the minister travels in elite circles, and
I am sure those people who whisper in your ears say that everything's
rosy in the garden, but that's....
Interjection.
MR. WILLIAMS: She says, all of a sudden,
that it's okay for her to discuss these things, but not the opposition.
This minister is a venerable member of this government, as our House
Leader has indicated in the past. This minister was involved through
the whole evolution of B.C. Place. This minister was part of the
cabinet throughout the piece in terms of this mixed-up mess she's
talking about. Land development was mixed up with seats in B.C. Place
Stadium; development problems were mixed up with a convention centre.
It's as if we have some new saviour on our hands, all dressed in white,
who's going to clean up the mess. But this person has been part of the
mess since 1976 — has been part of the whole evolutionary process. She
voted for the last blank cheque for B.C. Place, and now she says she
wants blank cheque number two.
[4:45]
It seems to me it's too much like Lady Macbeth: "Out, out,
damned spot!" As if to say: "I was never a part of this; I'm part of
this new administration as of last October, and I really had nothing to
do with that terrible, confusing, wastefull, debt-ridden mess." The
reality is that you have been a major player on the government benches
for the modem decade — for the modem era. You have been part of the
mess. Now you're coming here and saying: "I have the solution in terms
of dealing with the mess, and the solution is another blank cheque."
That's the kind of unmitigated gall that's parading before us today —
pure and simple.
MADAM CHAIRMAN: Hon. member, I think the
Chair would like to see fewer personal attacks on the other members of
the House. If we could just deal with a little more relevancy on this
section....
MR. STUPICH: Just very briefly, I'd like to
appeal to the members of this House.
We're being totally irresponsible if we vote in favour of this
section as it stands here, in my opinion. We go through the motions — a
charade, if you like, in some instances — of passing a $10 vote in
estimates. The reason for putting that $10 vote there is that it gives
us an opportunity to discuss whatever government service is being paid
for in that vote. No, it's not $10; it's a lot more than that spent.
But we go through the motions.
We're being asked to give the minister a blank cheque to spend
any amount of taxpayers' money without ever coming back to the
Legislature. It's done by the Minister of Finance in consultation with
his cabinet — a totally blank cheque for any amount.
We're not sent here to give government that kind of authority.
Why, would we be here? If it were that easy, why bother bringing us
together at all? Why not let cabinet do everything, if we're not going
to have the opportunity to discuss with the minister the way in which
money is spent? It is a totally blank cheque.
I have been assured that there is another
section later on
that limits the amount, but that
section does not limit the amount. My
attention has been drawn to
section 7, which limits the amount in only
one respect: it limits only the amount that may be borrowed. But
section 4 before us now says that the minister can spend any amount of
money whatever, buying shares in these two corporations. It is a
totally blank cheque, without ever having to refer to the Legislature
at any time for any of this.
Madam Chairman, I appeal to the members. Is that really what
you came here to do, to support cabinet, whatever cabinet asks for,
whatever they say, and to say: "We don't care what you do; we're going
to give you this authority, and then we'll all go home"? That's not why
you were elected; that's not part of the democratic system.
The one safeguard we have is that the elected members of the
Legislature have control of the purse-strings. We go through it, and
certainly the government will win in the end, but at least we must
maintain that structure, that system, or what's the point in having
this Legislature at all?
Madam Chair, I appeal to the government to withdraw this
section, and I appeal to the members to vote against it if the
government doesn't have the decency to withdraw it on their own.
HON. MR. COUVELIER: Madam Chairman, there
has been constant reference here to blank cheques, etc. There should be
an understanding of what is happening here. One of the hon. members was
provided this morning with this material. There are, at the moment,
approved obligations of BCDC for loans not yet made that will have to
be covered by borrowings whenever the applicants meet the requirements
to qualify for the funds. The opposition isn't intending, I hope, that
government should be paralyzed and unable to
[ Page 2573 ]
fulfil its obligations. We have to have the freedom to
increase the borrowings for obligations made....
Interjection.
HON. MR. COUVELIER: As was suggested, you
keep wanting to jump ahead. If you'd approve this one, we could move
ahead and deal with the question of the limit.
I have some trouble with the straw-man approach, Madam
Chairman. If you call the question we will get on with the question of
the limit.
Section 4 approved on the following division:
YEAS — 34
Rogers
L. Hanson
Reid
Dueck
Richmond
Michael
Parker
Pelton
Loenen
Crandall
De Jong
Rabbitt
Dirks
Mercier
Veitch
McCarthy
S. Hagen
Strachan
Vander Zalm
Couvelier
Davis
Johnston
R. Fraser
Weisgerber
Jansen
Hewitt
Chalmers
Ree
Serwa
Vant
Long
Messmer
Jacobsen
S.D. Smith
NAYS — 17
G. Hanson
Marzari
Rose
Harcourt
Stupich
Skelly
Boone
Gabelmann
Blencoe
Cashore
Smallwood
Lovick
Williams
Sihota
Miller
A. Hagen
Edwards
section 5.
MR. WILLIAMS:
Section 5 enables the
minister to exercise the powers of a shareholder. We are dealing with a
retroactive capability. Can the minister advise what action she has
taken as a shareholder, in terms of how many major sales have been
pursued in the name of this corporation?
HON. MRS. McCARTHY: Three sales were
announced publicly in regard to the Songhees land.
MR. WILLIAMS: There were three sales with
respect to the Songhees land, and major long-term leases with respect
to False Creek lands?
HON. MRS. McCARTHY: No, Madam Chairman.
[5:00]
MR. WILLIAMS: So the leases would be leases
within existing buildings, and not land leases, in the old Plaza of
Nations or whatever.
HON. MRS. McCARTHY: Yes.
MR. WILLIAMS: Could the minister advise the
House what bidding process was involved in the various elements of
either the leases or the land sales? What kind of public tendering
process took place?
HON. MRS. McCARTHY: We called for public
proposals, and I think the member would be aware of that. They were all
advertised.
MR. WILLIAMS: Can the minister then assure
the House that that's the case with respect to the leases in the Plaza
of Nations area as well?
HON. MRS. McCARTHY: Most of those leases
were arranged prior to my coming on board. I cannot answer for that.
Any that are there since my coming into this position of
responsibility, I think, were really a response to people who have come
to the Plaza of Nations to request space, and I don't believe there was
an advertisement on any of them. There is a party that they can apply
to, just as you would on seeing an empty store, and I think that is
just the way it was done in the past.
MR. WILLIAMS: Would the minister table with
the House the information regarding these major sales? We're talking
with respect to those sales.
HON. MRS. McCARTHY: In response to the last
question, I'm told that most of those tenants came to the
administration through Expo 86. They were Expo tenants and wanted to
stay on the Plaza of Nations after Expo closed.
In response to the very last question, that would all come
forward to this House through the audited statements of the corporation.
MR. WILLIAMS: No, it's a basket of
statements that comes in a final form years after the fact. We're
talking about significant huge property sales currently underway. It is
reasonable....
Interjection.
MR. WILLIAMS: Yes, okay. But the whole
question of process is important. For the benefit of the minister in
terms of any public debate, any public questioning of the whole
exercise, this process — the information and documentation — should be
as open as possible.
HON. MRS. McCARTHY: The bid proposals are
all public. In fact, they've gone through a lengthy process. We're
talking about the only ones that we have. As I mentioned in the earlier
question, there are three pieces of land at the Songhees. Those are the
only transactions that have taken place. They were made public by
public announcement, and they've had a long history of vetting with the
local government as well as our government and the administration of
the corporation.
MADAM CHAIRMAN: Hon. member, the Chair has
been listening intently, and I am at a loss to understand the relevancy
of the questions.
MR. WILLIAMS: You might have a point, Madam
Chair.
[ Page 2574 ]
Sections 5 and 6 approved.
section 7.
MR. STUPICH: This is the
section that we
talked about earlier, when the minister said that the limits on the
amount of taxpayer money that may be shovelled over to these two
corporations are set by this section. As I read
section 7, there's a
limit on the amount of money that may be loaned, and the limit is to be
set by cabinet. The cabinet, of course, can change it daily or weekly —
whatever it likes. It is no more a limit than is the whole business of
cabinet's approval in the first place. There is no limit with respect
to loans, and such limit as there is applies only to loans; it doesn't
apply to shares. The reference to the government being able to buy
shares in these two corporations on the recommendation of the Minister
of Finance, as approved by the Lieutenant Governor-in-Council, is still
there with no limit.
So it would seem as though everything I said about there being
absolutely no limit to the amount of taxpayers' money that may be.
shovelled over to B.C. Enterprise Corporation or B.C. Pavilion
Corporation is true. The only limit is the minister's ability to
persuade his cabinet colleagues to endorse the recommendation he has
made. Is that not the way we're standing?
HON. MR. COUVELIER: Madam Chairman, the
member is quite right that the Lieutenant-Governor-in-Council will have
— and must have, in our judgment — the ability to amend limits as
required.
In answer to the specific questions, because it is our desire
to be forward and to fully satisfy the opposition members here, it is
our expectation that when the order-in-council dealing with this matter
comes before us, it will be in the order of $350 million. The member
should understand that right off the bat we have an obligation of
approved loans of $200 million which will require covering. I suspect
and I hope that the hon. opposition members don't desire to see this
government go out of business. We have to have some ability to continue
to operate for this very necessary economic stimulus; that is to say,
of providing some financial help to firms who qualify under certain
strict criteria.
Dealing with the second question of the ability to sell
shares, I think it's important for the House to remember that part of
this exercise was intended to allow the disposal of government assets
in these areas, and also intended to allow the marketplace to become
shareholders in ventures that would prove to be marketable in the
marketplace. If, for example, as a consequence of the creative efforts
of these very capable British Columbians who are lending their services
to us on a voluntary basis, they were to create entities which have
some value in the marketplace and therefore a public offering is deemed
advisable, surely in the interest of protecting the government's
position in the matter we've got to have the flexibility to acquire
shares in that eventuality.
Hon. members have to understand that this is intended to be a
device to allow the private sector to participate in the coming
prosperity of the province, and we have to have those latitudes and
freedoms to best protect the interests of the citizens of this province.
MR. STUPICH: Madam Chair, I don't know
which bill the minister is discussing right now. I'm talking about Bill
55,
section 7. In the first place, certainly it's not our intention to
hold up the ongoing transactions of BCDC, as much as we might like to
hold up some of them; I don't know. But that's not the point right now.
Obviously the minister didn't understand, and perhaps that's why the
members all voted with the government: they didn't understand what I
was saying either.
I just feel that there should be some legislative limit.
Otherwise we've given up our total responsibility to have anything at
all to do with B.C. Enterprise Corporation and B.C. Pavilion
Corporation. We have said to the government: "Do whatever you want, we
don't care. Just don't bother us." But with respect to the shares,
we're not talking about shares of ventures that are going on out in the
marketplace or anything else.
Section 4, which you're talking about
right now, refers to shares of B.C. Enterprise Corporation and B.C.
Pavilion Corporation. I don't think the minister in his remarks meant
to say that he was going to be putting those on the market. The only
reference to selling those shares in this legislation is that the
government may buy any unlimited number of shares in B.C. Enterprise
Corporation and B.C. Pavilion Corporation, and thereby shovel money to
the corporations without ever asking for it back. It's just a grant
then. It's a gift rather than a loan.
Let's not talk about shares in other corporations. That's got
nothing to do with the legislation before us now, as I see it.
MR. WILLIAMS: I enjoyed the comments of the
Minister of Finance, Madam Ch