British Columbia Committee Hansard (Blues) — Tuesday, November 20, 2018 a.m. — Number 186 (HTML) (41st Parliament, 3rd Session)
20181120am-CommitteeA-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, November 20, 2018
Morning Sitting
Issue No. 186
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Tributes
Patricia Hedstrom
J. Yap
Introductions by Members
Statements (Standing Order 25B)
Oceanside Hospice Society
M. Stilwell
Irene Lanzinger
J. Routledge
Bruhn Bridge replacement project
G. Kyllo
Transgender Day of Remembrance
M. Dean
Sleep Out initiative in Surrey for homeless
youth
S. Cadieux
Child and Youth Day
N. Simons
Oral Questions
Ride-sharing services
J. Thornthwaite
Hon. C. Trevena
P. Milobar
Government action on climate change and role of
health care system
A. Olsen
Hon. A. Dix
Government action on climate change and role of
education system
A. Olsen
Hon. R. Fleming
Ride-sharing services
J. Sturdy
Hon. C. Trevena
Funding for rapid transit project in
Surrey
T. Redies
Hon. J. Horgan
T. Stone
Surrey school district portable use
M. Hunt
Hon. R. Fleming
Petitions
D. Clovechok
Orders of the Day
Committee of the Whole House
Bill 51 — Environmental Assessment Act
Hon. G. Heyman
Motions Without Notice
Administrative leave for Clerk and
Sergeant-at-Arms
Hon. M. Farnworth
Committee of the Whole House
Bill 51 — Environmental Assessment Act
(continued)
S. Furstenau
Hon. G. Heyman
P. Milobar
J. Rustad
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 45 — Budget Measures Implementation (Speculation
and Vacancy Tax) Act, 2018 (continued)
S. Bond
Hon. C. James
T. Redies
N. Letnick
A. Weaver
TUESDAY, NOVEMBER 20, 2018
The House met at 10:05 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. J. Horgan: Joining us in the gallery today are some constituents of mine.
Firstly, Gabe Lowe, who is graduating from the University of Victoria with a
philosophy and history degree. He is joined by his mom, Elizabeth Busch, and
his stepfather, Ralph Busch. I would love the House to please make the three
of them very, very welcome.
Also in the gallery is a dear friend of mine and an employee. Vanessa
Geary, who heads up our Vancouver cabinet operation, is here today with her
son Wayson on “Take your son to the Legislature day.” Wayson is an avid
soccer and hockey player, but he is most important to me because he gifted
me his Next Generation model of the Enterprise , which
makes some really cool sounds and even lights up. Certainly, would everyone
please make the generous Wayson and his mom, Vanessa, very, very
welcome.
D. Clovechok: It gives me a great deal of pleasure to introduce into the House here
today a couple of my neighbours and friends from the Upper Columbia valley,
Grant Neville and Katherine Jerabek.
Grant works for Canfor. He is the First Nations relations
superintendent. He does an outstanding job and has also been an amazing
contributor to the College of the Rockies through their introduction to
trades program through Canfor.
Katherine is a registered nurse in obstetrics. Having been through the
medical system in British Columbia just recently, I’ve got four words: thank
God for nurses.
Would the House please make them welcome.
Hon. D. Eby: Today in the gallery, Erin Arnold is here. She is a community leader
in Vancouver–Point Grey and an inspiration to many in the community. She had
a very strong run for Vancouver school board trustee, a rookie run, this
year.
She brought two generations of her family along with her. She has got
her son, Keegan Firth, and she brought dad along too. Stewart Arnold is also
here. Would the House please join me in making them all feel
welcome.
Tributes
PATRICIA HEDSTROM
J. Yap: On a more sad note, I want to advise the House of the passing
yesterday of a longtime Richmond resident and constituent of mine,
Patricia Constance Hedstrom — Trish to all the friends who knew
her.
Trish spent the last few years in poor health but always kept a
cheerful demeanour and a great personality — someone who chose to give
back to community by being active in politics federally with the
Conservative Party and provincially with our party.
She was a longtime volunteer on my team from almost the time I
first started as a politician. Trish was always there, was loyal to a
fault and always showed up and did what she could as a volunteer. She
passed away at the age of 81. My team were very fortunate to have her be
a part of our group for all these years.
[10:10 a.m.]
She leaves behind a family, including a son, Reg, who lives in
Toronto, but he’s here now to deal with her passing.
I would ask the House to join me in sending condolences to the
family of Trish Hedstrom and to express our condolences and also to
thank the family for all the years that she was able to share her time
with us.
Introductions by Members
J. Brar: I would like to welcome a friend, Justin Schmid, who lives in the best
riding in Surrey, and that riding is Surrey-Fleetwood. Justin works with
CUPE, and he’s always committed to making life better for the people. So I
would like to ask the House to please make him feel welcome.
Hon. C. Trevena: In the House today are two constituents of mine, Sean Junglas and his
son Jeremiah. I first met Sean when he was working at the Lighthouse
Salvation Army in Port Hardy and did quite extraordinary work for the
community. I hope that the House will make the two of them very, very
welcome. They’re wonderful people.
Hon. C. James: We have a visitor in the gallery today visiting from our Vancouver
cabinet offices. She is the friendly face, the helpful person that you see
when you enter into the offices. Would everyone please welcome Olivia Dixon,
administrative assistant from our Vancouver cabinet offices.
N. Letnick: This morning we have the pleasure of having folks from Myeloma Canada.
They’re an advocacy group for people with myeloma. They’re looking for
meetings with us, which they had this morning, and hopefully, they’ll meet
with the Minister of Health and his team at some point. Please make them
feel very welcome right here in British Columbia.
S. Furstenau: I’m absolutely delighted to see Amita Kuttner in the gallery today.
Amita is a young woman I met this summer, and she impressed me enormously.
She’s finishing her PhD on black holes at the moment and then will be the
candidate in the federal election for the Green Party of Canada in 2019.
Please make Amita feel very welcome. She’s here to see how the Legislature
works today.
Hon. M. Farnworth: It’s my pleasure to introduce to the House today an individual who was
a constituent of mine but now is a constituent in Port Moody. He is very
active in Port Coquitlam as the chair of the Terry Fox Hometown Run. He goes
by many names, including Dave Republic, and I’ll let him explain that one.
He also goes by the name dave.ca, a sometimes tech talker on CKNW. But most
of us know him as Dave Teixeira, the chair of the Terry Fox Hometown Run. I
would ask the House to please make him most welcome.
A. Weaver: It gives me great pleasure to echo my colleague’s welcome of Amita
Kuttner. I’m astounded that a PhD physicist would like to seek politics,
particularly one working in the area of black holes. It’s an incredible
talent to bring into the Legislature.
Black holes, as you know, suck the energy in, and they let none of the
energy out. I can say she’ll be highly qualified, and I look forward to
helping her get elected in the upcoming federal election.
Statements
(Standing Order 25B)
OCEANSIDE HOSPICE SOCIETY
M. Stilwell: Death affects us all. It doesn’t discriminate who it takes, and it
doesn’t discriminate who it leaves behind.
At Oceanside Hospice Society, patients, caregivers and families
who are grappling with the final stages of life, bereavement or
caregiving can find comfort, compassion and support. The non-profit was
incorporated in 1990, but volunteers established the organization
informally many years before that.
[10:15 a.m.]
Today it remains volunteer-driven, with a wonderful and dedicated
board that includes Ian Mackay, Tina Rasmussen, Barry Tuck, Susie Coen,
Evelyn Clark, Krysta Robins, John Mercer and Sandra Rankin. It’s also
supported by the community, with the donations remaining in the area to
provide services free of charge to people from Nanoose Bay to
Bowser.
People can find services like grief counselling, support groups
and respite for caregivers. There’s even a loan equipment program so
palliative patients can stay in their homes longer. Volunteers will even
sit at the bedside of people in long-term-care facilities so they are
not alone in their last hours or to assure family members who have to
leave for a moment that their loved ones won’t be by
themselves.
Five hundred people have been helped by Hospice Society in the
past six months, ranging in age from 23 to 96. I’m proud to support and
advocate for such an important organization that has touched so many
people dealing with a difficult time in their lives.
Thank you to the executive director, Julie Chambers, and all the
dedicated staff, volunteers and board members for your compassion and
care at the Oceanside Hospice Society. And thank you to everyone who has
donated to this fantastic organization and made it possible for people
to receive the comfort that they need.
IRENE LANZINGER
J. Routledge: I rise today to say a few words of thanks to a tireless leader and
relentless advocate for the working people of British Columbia. I’m
talking about the president of the B.C. Federation of Labour, Irene
Lanzinger.
Following many years as an activist and leader with the B.C.
Teachers Federation, Irene was elected as the B.C. Fed’s first woman
president in 2014. A strong feminist, Irene has been a mentor to many
women, helping break down barriers so that more of us can take on and
succeed in leadership positions in our communities and in our
workplaces. Calm under fire, personable, approachable, Irene’s
leadership style is to be in charge without ever making a big deal about
it.
As the president of the B.C. Fed, Irene’s advocacy is not limited
to the workers who are union members. She has ensured that labour’s
collective voice is used to raise the bar to make lives better for all
working people.
She led the charge for $15-an-hour minimum wage, wide-reaching
poverty reduction efforts, removing barriers for women in trades,
stronger employment standards and labour code laws and protections for
temporary foreign workers. But after leading B.C.’s labour movement for
the last four years, Irene recently announced that she will not be
seeking another term.
I’ve known Irene for many years, and for many years, I’ve had the
privilege of her insights, her advice and her friendship. Despite her
departure from the federation, I think it is safe to say that she will
not stop being a force in the political landscape of our province. We
owe her our thanks for her many years of service to the working people
of British Columbia.
BRUHN BRIDGE REPLACEMENT PROJECT
G. Kyllo: The people of Sicamous are finally celebrating after a significant
infrastructure announcement in my riding of Shuswap last week. It’s the
culmination of several years of hard work by our community, including
residents, First Nations and officials at all three levels of
government.
I’m happy to report that the Minister of Transportation and her
federal counterpart, François Champagne, have announced joint funding to
replace the aging Bruhn Bridge and expand Highway 1. This project will
bring important safety benefits for all commuters and will benefit our
economy as well.
Although the final alignment of the Bruhn Bridge replacement
project has yet to be determined, I remain hopeful that the
recommendations of the local government, local First Nations and
impacted industry partners will be given significant consideration. The
project is budgeted at $224 million, and construction is expected to get
underway in early 2020. Our entire community looks forward to seeing
shovels in the ground and for these improvements to come to
fruition.
I can’t emphasize enough how grateful I am to represent a
community that united behind this common purpose and rallied together to
make this project a reality. It was teamwork and collaboration at its
finest.
[10:20 a.m.]
Many dignitaries were invited to share remarks at the event to
announce the funding for this important project. However, I was struck
by the words of Splatsin Indian band chief Kúkwpi7 Wayne Christian in
particular. He noted how reconciliation doesn’t just happen in Ottawa or
Victoria, but reconciliation happens on the ground in communities like
the Shuswap, where his peoples have resided for thousands of
years.
Chief Christian’s leadership philosophy is based on inclusiveness
and has always been an inspiration to me. Indeed, we have built
important relationships in the Shuswap. Whether we’re working together
on infrastructure or something much deeper, it’s my hope we’ll keep
inclusiveness and teamwork at the very heart of all that we
do.
TRANSGENDER DAY OF REMEMBRANCE
M. Dean: I stand to recognize November 20 as the international Transgender
Day of Remembrance, a time to honour the memory of the people we have
lost because of transphobia and violence.
We remember the friends, family and neighbours who have been taken
from their communities, and we commit to working together to make our
province a place where transgender people are safe, loved and
celebrated.
For too long, B.C. has fallen behind when it comes to supporting
people who are transgender, non-binary and gender diverse. We believe
that everyone deserves to be treated with dignity and respect and to
live in safe, supportive communities.
I’m proud to say that we stand with trans people in our province.
We’re taking action to make sure people are able to be who they truly
are, like reinstating the B.C. Human Rights Commission, promoting sexual
orientation and gender identity awareness in schools, giving
people a non-binary gender option on government identification and
improving access to gender-affirming surgeries in B.C.
We still have a long way to go. At a time when the human rights of
transgender people are under attack, it is more important than ever that
we stand up in the fight for safety, inclusion and justice for trans
people in our province.
We will not let the memories of our trans friends, family and
neighbours be lost to violence. We will not be silent in the face of
injustice. We will stand up against the erasure of trans people and
trans identities in our culture and our history. Together, we remember
and pledge to do better.
SLEEP OUT INITIATIVE IN SURREY
FOR HOMELESS
YOUTH
S. Cadieux: More than 100 people spent the night sleeping on the pavement in
South Surrey on November 5 to raise money and awareness for youth
homelessness. It was the second annual Sleep Out fundraiser for Ryan
Moreno and the Joseph Richard Group. And 165 people bundled up and took
part to spend the night from 9 p.m. to 6 a.m. in the parking lot of the
Grandview Corners shopping centre.
Now, I’m a big fan of Covenant House Vancouver and the work they
do for youth, so I’m very pleased to report that this year’s sleep out
raised more than $163,000 to be donated to Covenant House and Youth
Unlimited. Last year they raised $115,000.
Ryan spearheaded the sleep out after he first participated in the
Covenant House Vancouver Sleep Out:Executive Edition two years ago,
which he has done every year since. Last year it was largely JRG staff
that participated, but this year it went to a whole new level, with
family, friends and other local business leaders getting
involved.
There’s a long list of businesses who organized teams to take part
this year in the South Surrey sleep out, including Dana Matheson from
C&D Logistics, Jen Hamilton from Oxygen Yoga, Darian Kovacs from
Jelly Marketing, Randy Watson from Village Church, Matt Dryfhout from
Scout Technology Guides, Angie Quaale from Well Seasoned, San Bhatha
from Southridge Dental, George Psefteas from A&W South Surrey, Mike
Penno from Penno Plumbing, Mackenzie Wells from SPINCO Cloverdale, Ryan
Cyr from Semiahmoo Minor Hockey Coaches, Rob Visnjak from Rob Visnjak
Personal Real Estate Corp., Renee Ferguson from Mountain View Veterinary
Hospital, Aaron Steinfeld from Newton Hi-Quality Meats, Will Loftus from
Game Ready Fitness, Brandon Drewlo from Novacom Building Partners, Dave
Ford from Sparo Mortgage Advisors and Chris Wakefield from Tim
Hortons.
They’re all hoping to grow this event annually, which I’m sure
Covenant House and all of us can be proud of. Thank you and
congratulations to everyone who participated and donated to support
youth and Covenant House Vancouver.
[10:25 a.m.]
CHILD AND YOUTH DAY
N. Simons: When I was a child, I remember one Mother’s Day asking my mom:
“There’s a Mother’s Day and a Father’s Day, but there’s no Children’s
Day.” She replied, probably as other mothers did, that every day is
Children’s Day.
Of course, I believed my mother at the time. I had no reason to
think differently. She was talking about me and my brothers and sisters
and my cousins, and for us, every day really was like Children’s Day. We
didn’t have to worry about much. Of course, my mother knew, and every
mother knows, and I know, that every day is, in fact, not Children’s
Day.
In the world today, there are children suffering in war zones.
There are children who are hungry. There are children in cramped refugee
camps. Children are being bought and sold. There are children working
long hours in unsafe working conditions. Children are suffering and
dying from preventable diseases. They are even living in detention
centres. They’re taken from their parents, sometimes without good
reason. Many children have no access to clean water. Many children even
today are without the basic necessities of life.
Today is Universal Children’s Day, also called International
Children’s Day. In Canada, it’s National Child Day, and Child and Youth
Day here in British Columbia. It marks the anniversary of the UN
declaration of the rights of the child, in 1959, and the ratification of
the convention on the rights of the child, which took place on November
20, 1989.
It is the most ratified human rights treaty in the world, ratified
by more countries than even belong to the United Nations and more
countries than have signed the Geneva convention. The 54 articles in the
convention are based on four core principles. The first principle is
non-discrimination. The second is the devotion to the best interests of
the child. The third is the right to life, survival and development. The
fourth is respect for the views of the child.
The convention is supposed to be a global promise to all children
that nations will do everything possible to keep them safe. It’s almost
as simple as that. The purpose of this day is to raise awareness of the
rights of the child and to think about the progress we’ve made and, of
course, the distance we still have to go. It’s an important day to
recognize the interests and the rights of the child.
Oral Questions
RIDE-SHARING SERVICES
J. Thornthwaite: After yesterday’s non-announcement about ride-sharing, I started
to get lots of emails. My constituent Bob sent me a message: “Just drive
across the Lions Gate Bridge early Saturday or Sunday morning, and you
will see young people walking home to the North Shore. This happens
every weekend. It is impossible to get a taxi. I’ve stopped
trying.”
Why is this minister continuing to block ride-sharing in this
province?
Hon. C. Trevena: I’m very well aware of people’s anxiousness to get new, safe
alternative options for transportation. After all, there has been
ride-sharing available in the world — and an approach to this province —
since 2012. So there has been quite a lot of time to get ride-sharing
in.
We have tabled legislation. The member opposite, I’m sure, will be
part of the debate on that legislation, which really opens the door for
ride-sharing companies with app-based ride-hailing systems to enter the
market in 2019. We want to make sure that people who are going to be
carrying people for money, earning their income or supplementing their
income by driving people, are operating safely and securely. We want to
make sure we get it right. I’m looking forward to the debate that we’re
going to be having in the next couple of weeks.
Mr. Speaker: North Vancouver–Seymour on a supplemental.
J. Thornthwaite: It’s not just Bob. My constituent Jake was forced to walk home
from downtown Vancouver as well, all the way to Capilano University,
after he was refused taxi service downtown. Imagine being stranded after
a night out and having to walk two hours to get home.
[10:30 a.m.]
It’s interesting. In the last couple of minutes, I’ve just become
aware that over 3,000 constituent emails have been sent to all the local
MLAs, as well as the minister, stating their dissatisfaction with the
minister’s delay in bringing forward ride-sharing. They are bringing up
examples upon examples upon examples of problems getting cabs as well as
their satisfaction with ride-sharing in other jurisdictions, which we
don’t have here.
My question again to the minister is: when are we going to get
ride-sharing here in British Columbia?
Hon. C. Trevena: I think I’ve been very clear that we had the opportunity a number
of years ago, when Uber sat down with the former government about
potentially coming to B.C. At that time, the feeling was that safety was
number one.
I would like to quote the former Minister of Transportation, the
MLA for Kamloops–South Thompson, who said at the time: “It’s not good
enough to simply voluntarily stand up and say we believe we provide a
safe service. If Uber believes it meets certain safety requirements,
then they should have no fear of sitting down with the passenger
transportation branch and going through the same process that every
other taxi and limousine company has to follow.” That was back in
We are making sure that we are streamlining services. We’re
getting rid of overlaps. We’re going to stop the problems of people not
being able to get a cab in one jurisdiction and going to another
jurisdiction. We’re laying the framework for ride-share, unlike the
previous government, which had six years to move on it and did
absolutely nothing.
Mr. Speaker: North Vancouver–Seymour on a second supplemental.
J. Thornthwaite: Our side of the House had actually done the work. But right now
it’s you. It’s your side of the House that actually is keeping
ride-sharing away from British Columbians. You’ve been in government for
how long? This wait is all on you.
Interjections.
Mr. Speaker: Members, the member for North Vancouver–Seymour has the floor.
Thank you.
J. Thornthwaite: Thank you, Mr. Speaker.
This minister has strung along my constituents, your constituents,
all of our constituents for far too long.
Interjections.
Mr. Speaker: Members. Members, order, please.
J. Thornthwaite: Thank you, Mr. Speaker.
I’ve got another example. This is from Carrie, from
Vancouver.
“The minister has the gall to talk about safety. On November 14, my
birthday, after receiving surgery at Women’s Hospital, I received the
runaround for hours as I sat outside under a neon sign that said ‘main
entrance’ while my tiny, little 70-year-old mother raced up and down the
street trying to get the attention of passing taxis because dispatch
kept playing games with me. It was almost four hours since I had been
discharged from the hospital by the time I got home.”
This government has been promising ride-sharing in 2017, 2018, and
now we’re told 2019. Now it might be 2020 or maybe never.
Why are you consistently blocking ride-sharing in British
Columbia?
Hon. C. Trevena: The member opposite says that her government, when they were in
government, had done the work. If they’ve done the work, where is
it?
I know that timelines are an issue. They were an issue for that
government that sat on them for five years. Yesterday the spokesperson
for Uber, Michael van Hemmen, said: “Timelines are a big question for
British Columbians. People have been waiting for this service since
2012.” They were in government. They had five years to do something.
They sat on it for five years.
We have opened the door for these services, through this
legislation, to start operating in 2019. We fully anticipate, given the
opposition’s newfound interest in ride-hailing in B.C., that they will
fully support the legislation that is on the floor of this
House.
[10:35 a.m.]
P. Milobar: Given that the minister did not read the 34-page Hara report and
had to recommission a new one, it’s not surprising she hasn’t read any
background information that might have been done on the Uber file. So
let’s look at some of….
Interjections.
Mr. Speaker: Members, the member for Kamloops–North Thompson has the
floor.
P. Milobar: Let’s look at the reaction of some other people in relation to
what they thought was a promise by the Premier for 2017 implementation
of ride-hailing in British Columbia. Patricia Hynes-Coates from MADD
Canada says: “First, it was going to be available in the fall of 2017.
Then they delayed it a year. Now I’m hearing it’s going to be delayed
again. That’s just not good enough. Lives are at stake.”
To the minister, why has the minister chosen to create further
delays and hurdles in implementing ride-sharing and, as MADD Canada has
pointed out, delayed safe transportation options for the
public?
Hon. C. Trevena: I appreciate the question, and I know that safety is paramount. As
the Minister of Transportation, the safety of people in British Columbia
using our taxis, our soon-to-be ride-hail services, our buses, our
highways…. Safety has to be paramount. That is why we are taking the
approach we are doing — to ensure that people are safe when they get
into any vehicle for which they’re paying for the ride.
I know that the opposition agrees with this. They have actually
said that. The Leader of the Opposition has talked about back in July….
It’s not that long ago. The Leader of the Opposition said: “The issue is
how you make sure there’s a safe environment in which drivers can
operate and passengers, in particular, can operate.” That is what we’re
doing through our legislation so anybody who gets into a vehicle knows
that they are safe on our highways.
P. Milobar: Well, I think the public should reasonably expect that the Premier
and the government would be good for their word. But we’ll move past the
promises of the election, where the Premier very clearly said 2017, and
move on to only a few weeks ago, where the Premier claimed ride-sharing
applications will start coming next summer. Then when the reporter asked
directly when people will be able to actually use their apps to pick an
Uber or a Lyft, he was told by the Premier next September.
Again, with the Premier promising September, why did the minister
bring forward a bill that ensures ride-sharing will not actually happen
in any tangible way in September?
Hon. C. Trevena: We wanted to make sure that we get this right. We have been
working, unlike the opposition…. They seem to forget that they were
government when these new services first came to the market, when we had
Uber, obviously, sit down with them. We had them in — the former
Minister of Transportation saying that if new services wanted to operate
here in 2012, they should follow exactly the same process that taxi and
limousine companies do.
We are actually changing the system so they don’t have to follow
exactly. We’re looking at…. One of the things that we’re dealing with is
insurance. That is one of the reasons why it’s going to take some time,
because ICBC needs to develop its product. The opposition may have
forgotten that the former Minister of Transportation also left a hole in
ICBC that the whole province is dealing with, with $1.3 billion. We will
be getting ride-share, and it will be happening next year.
GOVERNMENT ACTION ON CLIMATE CHANGE
AND ROLE OF HEALTH
CARE SYSTEM
A. Olsen: The world’s leading climate scientists have warned we only have a
dozen years to keep global warming to a maximum of 1.5 degrees Celsius,
beyond which even half a degree will significantly worsen the risks of
drought, floods, extreme heat and poverty for hundreds of millions of
people.
[10:40 a.m.]
Health care is already over 40 percent of the provincial budget.
As I have seen firsthand in Saanich North and the Islands and across the
province, we have an aging population and are currently struggling to
deliver basic primary care to many of our citizens. We face a threat of
increasing sea level rise, water shortages and wildfires, all of which
will add to the financial burden of health care delivery.
If we act with urgency, we can couple strong climate
policies with an approach that will also improve the health and
well-being of people that we serve. If we don’t, the implications
on health care services could be overwhelming. The time to act is now,
and it requires an all-of-government approach. The health risks
associated with climate change are formidable.
What are the greatest climate change–related risks and
opportunities facing your ministry, and how are you prepared to deal
with both?
Hon. A. Dix: I thank the member for his question. It’s a significant one, I
think, for all members of this House, all people in British Columbia
and, indeed, the world. As the member will know, the World Health
Organization has identified climate change as the single biggest risk to
health in the 21st century. It’s a significant issue for all of
us.
I think that it’s one of the reasons why I note the member’s
question that we cannot act in silos on this question. The work of my
colleague the Minister of Environment, in dealing with climate action,
is a public health initiative as well as an environmental and economic
one.
In addition to that, health authorities and the Ministry of Health
are working hard on educational materials, prepared educational
materials to help health care providers and citizens to deal with the
risk of climate change. We’re working with other ministries and the
Ministry of Environment on risk assessments, because there are risk
assessments and issues in the future, issues with potential risks, such
as the spread of Lyme disease and the impact of heat waves on citizens —
in particular, seniors.
Finally, we have to make our system more resilient. It’s why
health authorities are taking the lead in terms of reducing emissions
and have, to be fair, for some time.
Also, we are building new health care facilities, particularly in
the Interior, in Fort St. James, in Terrace, working at Dawson Creek and
Williams Lake, improving services in Quesnel, Penticton, Kamloops, and
so on. The resiliency of our health care institutions is so important at
a time when climate risks are greater. All of us and all members of the
House, I think, will support these initiatives which help us to prepare
for the challenges of climate change in the future.
Mr. Speaker: Saanich North and the Islands on a supplemental.
GOVERNMENT ACTION ON CLIMATE CHANGE
AND ROLE OF
EDUCATION SYSTEM
A. Olsen: There’s no question fossil fuels have contributed significantly to
human advancement. They effectively allowed us to transition our
industrial practices, spur economic growth and lift people out of
poverty. We recognize the significant value that those technologies and
innovations have had but acknowledge that the times are changing. We
have a transforming economy. There are different options for energy
production and storage, and there are different risks that we face
now.
Knowing the challenge we face and how we got here is incredibly
important to finding the solutions. Climate change is not explicitly
mentioned in the core concept for any mandatory course between grades 8
and 10 curriculum in our province. We need to do better in preparing the
next generation. They face the most severe effects of climate change.
Developing the leaders who will guide us through the impacts of climate
change will require an all-of-government approach.
To the Minister of Education: what are the greatest climate change
risks and opportunities facing your ministry, and how are you prepared
to deal with both?
Hon. R. Fleming: Thank you very much to the member for the question. Like the
members of the Third Party, we know that the greatest challenge of our
time is climate change. We’re committed to tackling that as a
government.
The school system now gives kids tools to explore climate
challenges that our world is facing and are taking action to do their
part. Climate change wasn’t part of the curriculum until recently. That
has now changed. In the new curriculum, learning in all areas is rooted
in the core competencies, a number of which place a key emphasis on
social and environmental responsibilities.
Where climate change is a distinct part of B.C.’s new curriculum….
I’ll give the member just a couple of examples. In grade 9, all students
learn a systems approach to sustainability that touches upon climate
change and the role of carbon pollution as a key factor in climate
change. It teaches kids what the greenhouse effect is, among other goals
in that year. In earth science 11, students examine climate change on
water sources.
[10:45 a.m.]
Really, climate change and sustainability are embedded throughout
the education system from the earliest ages. It’s not just the science
curriculum. I want the member to know that. Social studies students look
at the role that climate change can cause in destabilizing countries,
creating the migrant crisis and all of those sorts of things.
I do want the member to know, as well, as a government statement
of responsibility, we’re also using our significant capital program to
build new buildings to the highest environmental standards. We are
funding geothermal and renewable energy projects in schools right across
British Columbia. We take this challenge seriously, and we’re leading
with our actions.
RIDE-SHARING SERVICES
J. Sturdy: Ride-sharing is available in virtually every part of the world but
British Columbia, and now we know it’s not coming here any time soon, if
at all.
Duplicate and redundant reviews are typically this minister’s
preferred method of stalling and excuse-making. Now she’s ignoring these
reviews and reports, all to achieve the same ends. These same reports,
as well as the government-led legislative committee review, recommended
against limitations and restrictions that are being proposed.
To the minister, why does the minister not want to allow customers
to benefit and for ride-hailing to thrive here in British Columbia, as
it does in most other jurisdictions around the world?
Hon. C. Trevena: We have tabled legislation. There is legislation on the floor of
the House which will enable ride-hailing to come to B.C. This is
something that the opposition had the opportunity to do for five years
and did nothing about. During that five years, people have become more
and more impatient and want to see the service. The only benefit that
we’ve been able to get from this is learning from other jurisdictions,
learning where there have been problems.
Yes, B.C. does not have ride-hailing at the moment. It will have
ride-hailing next year. But it has learned from areas where there has
been congestion, where there have been serious safety issues to make
sure that we get it right.
I expect that the member opposite, who’s so eager to support
ride-hailing, will be supporting our bill when it gets to the
vote.
Mr. Speaker: West Vancouver–Sea to Sky on a supplemental.
J. Sturdy: Well, I suppose that it remains to be seen whether we’ll see
ride-hailing here in British Columbia. But because the minister is
imposing a slow and inefficient NDP-managed process, with caps on the
number of drivers, zones to restrict where drivers can go and prices all
to be set by government…. The minister is refusing to do what other
jurisdictions have done and allow a customer-driven, supply pricing and
service model.
To the minister, why can’t ride-share operate here in British
Columbia like it does everywhere else?
Hon. C. Trevena: We have a bill on the floor that is introducing ride-hailing, the
new app-based ride-hailing. We have worked to get it right for B.C. One
of the things we’re doing is we’re reducing overlap. Decisions are going
to be made through the Passenger Transportation Board, not the
government — the Passenger Transportation Board, get that clear for the
critic — with a demand-driven approach based on data.
We have looked at other jurisdictions, as I mentioned before. We
have learned what works and what doesn’t work. I mean, for instance, in
New York City, there’s always congestion, but there was a massive
congestion when the ride-hailing companies basically flooded the market.
They are now moving to manage the number of ride-hail cars.
We want to make sure we get it right for British Columbia. The
opposition didn’t do anything when they were government for five years.
We are moving, within a year, to ensure that there is ride-hailing in
British Columbia.
FUNDING FOR RAPID TRANSIT
PROJECT IN
SURREY
T. Redies: The mayor of Surrey has met with the federal government and
received assurances from Ottawa that they will fund SkyTrain. Last week
he received the support of the Mayors Council.
My question is to the Minister of Transportation. Will the
province get on board and fund Surrey rapid transit?
[10:50 a.m.]
Hon. J. Horgan: I thank the member for her question and interest in some rapid
transit in Surrey, which, again, laid idle for 16 years while those on
that side of the House didn’t make investments. Instead, they built a
toll bridge and put more costs on the backs of Surrey people, rather
than taking off the difficulties of moving back and forth across the
Fraser River.
I appreciate that there is a new mayor and council in Surrey. I
look forward to hearing from the Mayors Council what their plan is to go
forward. Unlike the previous government, we increased the provincial
contribution to 40 percent to make sure these investments could go
forward — again, to protect the interests of people in Surrey rather
than make it more difficult for them. I look forward to the mayor’s
plan. I look forward to the Mayors Council embracing that plan. When
that happens, we’ll sit down and work it out.
Mr. Speaker: The member for Surrey–White Rock on a supplemental.
T. Redies: It appears that the Premier doesn’t read his own news releases,
because the NDP haven’t committed a single cent to rapid transit in
Surrey — not a penny. Read your own releases.
Interjections.
Mr. Speaker: Members. Members, please, it will be important to hear the
question.
T. Redies: Thank you, Mr. Speaker.
The mayor of Surrey has the support of the regional mayors. He has
the support of the federal government. But when it comes to the support
of this province, the NDP government is missing in action.
When will the province come to the table and fund SkyTrain
in Surrey?
Hon. J. Horgan: A teachable moment for the members on the opposite side — I
apologize to my colleagues — to walk them through this step by step. But
maybe they didn’t know that there was a comprehensive plan put together
by the Mayors Council. Maybe they didn’t know that because they didn’t
pay any attention to the Mayors Council.
When the plan came forward, we sat down with the federal
government, and we both increased our contribution to the overall plan,
which includes more buses, more….
Interjections.
Hon. J. Horgan: Now, this is more fearmongering by the members on the other
side.
We are funding 40 percent of the plan, which includes Surrey,
Vancouver, Maple Ridge, Richmond — a place they long forgot about, where
they’ve needed a hospital for 16 years. Now they’re getting one because
of the good work of the Minister of Health.
I will take no lessons from those on that side, particularly that
member, when it comes to getting the people of Surrey out from
underneath 16 years of neglect. They now have a government that has
removed tolls, is building schools, a first urgent care centre and is
investing in transit for the first time in 16 years.
T. Stone: When the Premier was asked last month if the provincial government
would contribute any funding to SkyTrain in Surrey, the Premier said:
“Certainly not.”
So a very simple question again to the Premier: why won’t he
commit any provincial funding for the rapid transit which has been long
promised in the city of Surrey and which the folks south of the Fraser
deserve?
Interjections.
Mr. Speaker: Members.
Hon. J. Horgan: The former Transportation Minister, who did not deliver Uber, who
put a $1.3 billion hole in our public auto insurance corporation…. Of
all of the members on that side of the House, he should understand how
financing public transportation works in British Columbia. Of all of the
members on that side, he should know this.
To stand and say, “We’re not putting money into Surrey,” is just
not true. The question is: are we going to increase that funding? That
will be a discussion around the Mayors Council table.
We have committed to 40 percent of phase 2, as has the federal
government. It’s the responsibility of Surrey, Maple Ridge, Vancouver,
New Westminster and all of the other communities in the Lower Mainland
to come up with the remaining 20 percent. I look forward to a business
plan.
There’s another shocker for the people on that side of the House.
Wouldn’t they want to see a business plan before they committed more
dollars to something that has not even been surveyed yet?
Interjections.
Mr. Speaker: Members.
[10:55 a.m.]
T. Stone: We’re certainly not going to take any lessons from the Premier and
his government when it comes to business plans. When it comes to
business plans, there was a business plan in place. It was two weeks
away from awarding a tender that would have delivered a $2.5 billion new
bridge for people south of the Fraser, and they deep-sixed
it.
Now, we’ve been here before; we’ll go here again. The government’s
news release — I encourage the Premier to perhaps read it — of September
4, 2018, provides a lot of detail.
Interjections.
Mr. Speaker: Members. Order, please.
T. Stone: It provides a lot of detail — this news release of September 4,
2018. In it, it specifically breaks out funding for the Broadway line in
Vancouver and funding for the Surrey line. On Surrey, the funding
TransLink regional, $1.12 billion. How much money is indicated as coming
from the provincial government for the Surrey rapid transit? Absolutely
nothing.
Again, the federal government is at the table. TransLink is at the
table. The Mayors Council is at the table. When will this Premier and
this government join the city of Surrey at the table?
Hon. J. Horgan: Deliberately obtuse is as charitable as I can be. That’s as
charitable as I can be. The former Minister of Transportation, who
forced a mail-in referendum on any funding of increased transportation
in the Lower Mainland, is the same guy who put a massive hole in the
Insurance Corporation of British Columbia. Well, I won’t even talk about
speed limits. For him to stand and not understand how we finance
projects in British Columbia….
The province of British Columbia will be responsible for the
SkyTrain on the Broadway line; TransLink will be
responsible for the LRT — 40 percent of the funding for
the plan. What part of the plan don’t they understand? They are so
narrow in their perspective, so narrow in their partisan hyperbole, that
they don’t want to accept the fact that after 16 years of ignoring
Surrey, finally there’s a government that cares about the people on that
side of the river. That’s why there are so many of us sitting on this
side of the House.
Interjections.
Mr. Speaker: Members. Members.
SURREY SCHOOL DISTRICT PORTABLE USE
M. Hunt: The NDP promised to eliminate portables in Surrey within four
years and that halfway through they would have half of them done within
two years. Now, the reality is that on the ground, school construction
in Surrey is delayed. According to Doug Strachan, with the Surrey school
district, the budget provided by the provincial government to build
schools isn’t enough. It’s just another broken NDP promise.
My question to the Minister of Education is: with just eight
months to go, will this government cut the number of portables in Surrey
in half or not?
Hon. R. Fleming: Well, I thank the member for the question. Hopefully, this can be
another teachable moment as well. Under the old government’s watch,
portables in Surrey increased by 50 percent. Under the old government,
they even had a minister that said, “What’s wrong with portables in
Surrey?” as they proliferated, and up to 7,000 kids spent their learning
days in portables.
Our government has an entirely different approach. We’ve approved
and fully funded 2,500 new seats in Surrey. Some of it is underway
today. The reality, and this member knows it.…
Interjections.
Mr. Speaker: Members.
Hon. R. Fleming: If the previous government had acted as quickly as our government
has, if they’d invested as much in schools as our government has just in
the last 16 months, if they’d done that for four or five years, there
wouldn’t be portables in Surrey today.
[End of question period.]
D. Clovechok: I seek leave to present a petition.
Mr. Speaker: Proceed.
Petitions
D. Clovechok: I have a petition given to me by a constituent with concerns about the
wolf cull.
G. Kyllo: I seek leave to make an introduction.
Leave granted.
[11:00 a.m.]
Introductions by Members
G. Kyllo: Joining the House today is a good friend, Ron Surry, from the
community of Enderby. He’s quite actively involved with Myeloma Canada, and
he is here today advocating on behalf of additional funding for one specific
drug that actually can provide a significant impact on the lives of those
that are suffering with myeloma.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call, for members who are here, committee on Bill 51.
In Committee
Section A, the Douglas Fir Room, I call, for members who are there,
committee on Bill 45.
Committee of the Whole House
BILL 51 — ENVIRONMENTAL
ASSESSMENT
ACT
The House in Committee of the Whole (Section
B) on Bill 51; R.
Chouhan in the chair.
The committee met at 11:03 a.m.
section 1.
The Chair: We’re just taking a moment for the staff to come to the
House.
[11:05 a.m.]
Minister, do you want to introduce your staff,
please?
Hon. G. Heyman: On my right is Kevin Jardine, associate deputy minister of the
environmental assessment office. Behind me are Paul Craven, from the
environmental assessment office, and Kate Haines.
Hon. M. Farnworth: I need to ask that the committee rise and report progress and ask
leave to sit again.
Motion approved.
The committee rose at 11:06 a.m.
The House resumed; Deputy Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was
granted leave to sit again.
Motions Without Notice
ADMINISTRATIVE LEAVE FOR
CLERK AND
SERGEANT-AT-ARMS
Hon. M. Farnworth: By leave, I move:
[That Mr. Craig James, Clerk of the Legislative Assembly, and Mr.
Gary Lenz, Sergeant at Arms, are placed on administrative leave with pay
and benefits, effective immediately.
During the period of administrative leave, and as a consequence of
an outstanding investigation, Mr. James and Mr. Lenz must not access
Legislative Assembly network equipment, systems or services and must not
be present within any building that is part of the “Legislative
Precinct” as defined in
section 1 of the Legislative Assembly
Management Committee Act , R.S.B.C. 1996, c. 258.
This resolution is subject to periodic review and modification by
the Legislative Assembly.]
Motion approved.
Hon. M. Farnworth: I call committee on Bill 51, the Environmental Assessment
Act.
Committee of the Whole House
BILL 51 — ENVIRONMENTAL
ASSESSMENT
ACT
(continued)
The House in Committee of the Whole (Section
B) on Bill 51; R.
Chouhan in the chair.
The committee met at 11:09 a.m.
section 1 (continued) .
[11:10 a.m.]
S. Furstenau: Under
section 1, can the minister please speak to the phrase
“adverse effects,” referenced under the definition of “project,” and
reference where it is detailed further in Bill 51? It is a subjective
concept and needs to be clearly understood in terms of scope and scale.
We’re wondering why it doesn’t have its own definition.
Hon. G. Heyman: Thank you to the member for the question. There is no definition
of “adverse effect” in this act, nor was there in the previous act. But
there is a longstanding practice of, essentially, adopting the common
meaning and usage of “adverse effect,” which would be a negative
impact.
In this case, a negative impact on any of the five pillars of
environmental assessment — that’s to do with the environment, health,
culture, economic or social considerations. And then, of course, the
process of the assessment is to determine the extent of the adverse
effect and what measures, if any, are available to mitigate.
P. Milobar: I’m just wondering. In terms of missing
definitions, one word that
comes through this document, all the way through, quite regularly is
“consensus.” And moving forward, as decisions are made, as the CEAO
starts to make their determinations, as we get to final decision-making
areas, consensus starts to play a bigger and bigger role.
I’m wondering why there is no definition of “consensus” within the
definitions section, given that it can be open to
interpretation,
whether rightly or wrongly, how any particular group may interpret their
view of consensus. Some will feel it means 100 percent agreement. Some
will feel it means majority agreement. Some will feel as long as there
was a good, robust discussion and there seems to be a semblance of a
common ground, it would be meeting the threshold of
consensus.
I’m just wondering why there was no actual, very clear definition
so that Indigenous nations, proponents, applicants, community groups,
municipalities, everyone that would have standing in any of these
hearings and processes would understand what consensus actually means in
this context of this bill.
[11:15 a.m.]
Hon. G. Heyman: Thank you to the member for the question. “Consensus” has a fairly
common meaning, but what the act requires is that we — the environmental
assessment office, the proponent, Indigenous nations — attempt to
achieve consensus. But there is no requirement in the act that consensus
actually be achieved. It’s that every effort be made to achieve
it.
Consensus, as we outline very clearly in the intentions paper and
I’ll repeat here for the record, is “an outcome that is actively
supported by all participating Indigenous nations and the environmental
assessment office or is not objected to by a participating Indigenous
nation, while they reserve their right to ultimately indicate their
consent or lack of consent for a project after assessment.”
P. Milobar: With that definition that’s being used, I’ll get into consensus
later on.
I’ll move on to a different definition that I need a little
clarification around — proponent. It means “a person or organization
that proposes to undertake a reviewable project” — so this is the person
that would want to do a project — “and includes the government of
Canada” — that’s understandable, if they’re doing a project — “British
Columbia, a municipality or regional district, another province, another
jurisdiction and an Indigenous nation.”
Under this definition, does it not seem contradictory that
Indigenous nations would be required to go through an environmental
assessment for a project they may want to do on their own
lands?
Hon. G. Heyman: No. There’s no contradiction. An Indigenous nation in this case
would be a proponent. They may also be the Indigenous nation that’s
concerned. But every project, if it’s designated a reviewable project,
needs to go through an assessment.
Section 1 approved.
section 2.
P. Milobar: In subsection 2(2)(b)(ii), there is: “support reconciliation with
Indigenous peoples in British Columbia by (
A) supporting the
implementation of the United Nations Declaration on the Rights of
Indigenous Peoples” and “(
D) acknowledging Indigenous peoples’ rights
recognized and affirmed by
section 35 of the Constitution Act, 1982 in
the course of assessments and decision making under this
Act.”
Can I just get clarification from the minister — I think I know
what the answer is, but it’s always good to get it on the record — that
section 35 of the Constitution Act all throughout this document would
override the UNDRIP document, or are they having equal standing through
this whole bill?
Hon. G. Heyman: Thank you to the member for the opportunity to clarify. I don’t
think this is an issue of paramountcy. It’s an issue of the United
Nations declaration on the rights of Indigenous peoples and the
Constitution Act of Canada,
section 35, being read together. They’re
complementary.
[11:20 a.m.]
Section 35 of the Constitution Act sets out the rights of
Indigenous peoples and nations under Canada’s constitution and guides
the law, the legal framework. In the case of the United Nations
declaration on the rights of Indigenous peoples, it provides a framework
agreed to by nations around the world, including Canada, that can help
guide the implementation of rights pursuant to
section 35 of the
constitution, as well as to advance reconciliation.
P. Milobar: Most of my questions on this bill are really around trying to get
better clarification and better understanding. The purpose of this bill
is supposed to be trying to create that understanding in the community
and create less frustration and a better understanding of process. So
the reason I’m asking the question — and I don’t think it was fully
answered yet — is….
If the new CEAO is having to make some decisions, I think both the
public and Indigenous nations alike would like to know…. If there’s a
contradictory
interpretation between a
section within UNDRIP, or an
ideal within UNDRIP, and the Constitution Act of 1982, in
section 35,
would the CEAO be relying more heavily on the Constitution Act,
section
35?
I’m assuming they would, but I don’t know for sure. I think a lot
of people would like that clarification around which document should
provide greater guidance, especially for Indigenous nations as they move
through this process as to where they should be looking for the weight
of the decision-making tools.
Hon. G. Heyman: I hope I can give greater clarity here. First of all, every
section of this bill, once it becomes legislation, that is relevant to
any decision facing the chief environmental assessment officer must be
considered. Having said that,
section 35 of the Constitution of Canada
is the overriding law of Canada, and clearly, it needs to be respected.
It guides decisions any place where it’s relevant.
We see the United Nations declaration on the rights of Indigenous
peoples as a useful tool and guidance to doing that, and that’s why it
is entrenched in the bill itself.
[11:25 a.m.]
In any decision made by the chief environmental assessment
officer, the environmental assessment officer will consider the rights
that are expressed for Indigenous peoples in the constitution, the act —
every
section of the act, every requirement of the act — the reference
to UNDRIP in the act and supporting the implementation of UNDRIP, as
well as supporting reconciliation, any
article of common law that is
applicable or any precedent.
Then in issuing a decision, the job of the chief environmental
assessment officer is to outline in the decision exactly how these
various aspects have been read together and explain how they relate to
the decision being made. That is also an important fundamental principle
of this act — that is, the linkage to a clear explanation in a decision
or a recommendation that references all of the aspects that go into that
decision.
P. Milobar: Thank you for that clarification.
On 2(2)(ii)(B), I’m just wondering, in terms of the jurisdiction
of Indigenous nations — and I don’t take issue with any of that — if
there is clarification around “through representatives chosen by
themselves.” Again, what is the process within this bill to handle when
certain nations, or a band and a nation combined, are at odds as to who
should be the representative?
It’s not spelled out that it’s simply chief and council, so
obviously, there was some thought given to other avenues for that
determination to be made. I’m just wondering. Does it point to it
anywhere else in the bill for clarification sake, or is it just left up
for
interpretation on a case-by-case basis?
Hon. G. Heyman: The language is crafted this way because Indigenous nations with
whom we consulted made it clear that, in some cases, they have different
forms of government. They will, at times, come together in an alliance
to represent themselves. In other cases, they choose to represent
themselves individually.
The point they made to us is that they should be free to decide
their form of participation and who their representative should be, that
it shouldn’t be government or the environmental assessment office that
superimposes our belief of who should represent them on them.
[11:30 a.m.]
We accept that as reasonable. In some cases, there may be some
dispute between nations or a dispute between the environmental
assessment office and nations about whether that is appropriate, and in
that case, there is provision further on in the act for a dispute
resolution process. The nations themselves may just have their own
processes to work through any differences or any discussion around how
they choose to be represented and simply inform us of the
result.
The details on the dispute resolution process will be elaborated
further in regulation. The act is an enabling provision, and the
development of that process through regulation will involve, as this act
did, broad consultation with affected parties and an opportunity for
public comment before those regulations are proclaimed.
There is an additional provision in
section 14 involving the chief
environmental assessment officer with respect to nations that identify
themselves as participating. I will just leave it to that section. If
the member has any questions on that section, we can discuss it further
then.
S. Furstenau: In
section 2(2)(b)(i), it states that the purposes of the office
include to “promote sustainability by protecting the environment and
fostering a sound economy and the well-being of British Columbians and
their communities.” Could the minister please speak to the concept of
sound economy? It sounds like a very broad and subjective concept. I’m
wondering whether it’s used in other B.C. acts.
Hon. G. Heyman: The term “sound economy” is carried forward from the current act.
It’s important to note that this
section refers to fostering a sound
economy. I would say a sound economy is an economy that provides jobs,
stability, a sound use of resources while, at the same time, not
compromising or creating unmitigatable damage to the environment, to
social values, to cultural values, to Indigenous rights, to the
opportunities and rights of future generations.
S. Furstenau: Our question around this is: would it create an opening for a
legal challenge? For example, if a lucrative project application is
denied because of its environmental or climate implications, could it be
argued that the province was failing to “foster a sound
economy?”
Hon. G. Heyman: Well, anything could be argued in court. Whether it can be argued
successfully is really the question. I would say, in answer to the
member’s question, that sound economy is one of three things contained
in this phrase around promoting sustainability.
[11:35 a.m.]
The other two are protecting the environment and fostering the
well-being of British Columbians and the communities. Then there are
listed a number of points following that that need to be considered
further on in the act. There are clear matters that need to be assessed
and addressed. They all must be addressed in the deliberation of the
environmental assessment office, in the recommendation of the chief
environmental assessment officer, in the final decision of the ministers
in terms of how those matters and the assessment of them were factored
into the decision.
I think if somebody simply argued that a lucrative project was
turned down and it shouldn’t have been because, despite all of the other
negative aspects associated with the project, it would have fostered a
sound economy, I personally have a hard time seeing that legal case
finding success.
S. Furstenau: One more question around this. Did the ministry analyze the
section using gender-based analysis plus framework, which is a framework
used by the federal government and soon by B.C., that facilitates the
intersectional consideration of how policies will impact different
groups, particularly women?
Hon. G. Heyman: Thank you to the member for a critical question and one that I’ve
had much discussion with members of government and with my colleague,
the parliamentary secretary for women’s rights.
It’s important to see that
section 2 sets out the responsibility
for the environmental assessment office and what in particular they need
to pay attention to as they carry out all of the different aspects of
the act and responsibilities under the act. So (
a) talks broadly about
social, cultural and health effects of assessed projects. Further on in
the act, we get into a very express definition of what that means and
how it will be done. So under
section 25(2)(d), “Required assessment
matters,” very specifically, we have: “disproportionate effects on
distinct human populations, including populations identified by
gender.”
S. Furstenau: Thank you to the minister for that answer. In
section
2(2)(b)(i)(A), our question is: why isn’t climate listed in this
section? If we can agree that climate is the biggest threat facing B.C.
and will undermine all other components listed — i.e., it’s not just an
environmental issue — we wonder why climate isn’t specifically noted in
this section.
[11:40 a.m.]
Hon. G. Heyman: Thank you to the member again for an important question. In part,
my answer to this will be the same or similar — that this
section of the
bill sets out very broad parameters, including environmental, economic,
social, cultural and health, all of which are impacted by climate
change.
If we then go to the specific matters that must be considered in
every assessment, under
section 25(2)(h), it says: “greenhouse gas
emissions, including the potential effects on the province being able to
meet its targets under the Greenhouse Gas Reduction Targets Act.” This
is particularly significant because not only do we talk about greenhouse
gas emissions — which, of course, are the source of climate change — but
we link them to very defined targets under another piece of legislation.
So this matter that must be assessed clearly sets a threshold that must
be addressed in the assessment.
Sections 2 to 4 inclusive approved.
section 5.
P. Milobar: Just to make it very clear. This whole
section is specifically,
strictly around dispute resolution facilitators as they pertain to
Indigenous nations, not any other potential disputes that might arise
from anyone else that may have an interest in an application?
Hon. G. Heyman: Thank you to the member for the opportunity to clarify. This
concept of dispute resolution facilitators came from and was included in
the act primarily as a result of it being raised by Indigenous nations
and Indigenous representatives with whom we consulted. So we put it in
the act, but I wouldn’t go so far as to say it’s only available for
disputes with Indigenous nations. That’s certainly how it was identified
and how it’s being conceptualized here.
We’ve enabled dispute resolution, which we think would be far more
productive and timely than either not resolving disputes or ultimately
leaving it to the courts to resolve. So we have this process, which will
be defined in regulation — again, a regulation on which we’ll consult
broadly. For example, if industry or business says, “We would like the
opportunity to access dispute resolution” — not just on an Indigenous
nation coming forward — that could be included following consultation in
the defining regulation pursuant to subsection (4).
P. Milobar: I guess the reason I asked that question is because it very much —
I think in every single area — references Indigenous nations, which is
understandable. Coming from a community that was knee-deep in an
environmental assessment process for the better part of eight or nine
years, and varying views of the community of how much input
municipalities should or shouldn’t have or local government should or
shouldn’t have, there doesn’t seem to be any clarity that this might be
an avenue for a local government to, say, take if they feel that they
have a dispute that needs to be resolved within the overall process
under the same guidelines.
[11:45 a.m.]
Is the minister saying that a municipality or a local government
would be able to trigger parts of
section 5? I think he just said 5(4)
would be an appropriate trigger for them as well.
Hon. G. Heyman: Again, thank you to the member. We certainly had discussion about
the potential merit and advisability of using dispute resolution in a
number of areas, but the concept only came forward initially in
discussion with First Nations. That’s why it’s framed the way it is in
the act but also why subsection (4) allows the development of
regulations that could be more expansive.
When we enter into the development of regulations, we’ll certainly
let people know, let communities and all interested parties know that we
are considering regulations with respect to giving life to
dispute resolution, and they’re invited to give us their ideas about how
else, in what other ways, it could be useful.
The suggestion of the member certainly has merit. Of course, the
member knows that for dispute resolution to be successful, the parties
involved in it have to be willing participants, but that is no reason
not to set up the framework that can be utilized when they are. So more
to come.
J. Rustad: In subsection 5(1), it says that the minister, “after considering
a recommendation, if any, of an Indigenous nation, may appoint
individuals to facilitate….” The question I guess I have, to the
minister, is: could you perhaps provide a definition of what an
Indigenous nation is?
[11:50 a.m.]
Hon. G. Heyman: While we do define “participating Indigenous nation” — and there’s
a process to define that — we very consciously chose not to define
“Indigenous nation” because the only definition we could use would be
the definition under the current Indian Act, and we heard very clearly
from Indigenous peoples that they didn’t want to be defined that
way.
They may in time come to define themselves, or what constitutes
their own nations, in very different ways than Canada has experienced in
the past. So we simply left it without definition — although, for the
purpose of an assessment, it was necessary to define “participating
Indigenous nation.”
With that, hon. Chair, I move that the committee rise, report
progress and ask leave to sit again.
Motion approved.
The committee rose at 11:52 a.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was
granted leave to sit again.
Committee of the Whole (Section A), having reported progress, was
granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:52 a.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 45 — BUDGET MEASURES
IMPLEMENTATION (SPECULATION
AND VACANCY TAX) ACT,
(continued)
The House in Committee of the Whole (Section
A) on Bill 45; S.
Chandra Herbert in the chair.
The committee met at 11:04 a.m.
section 1 as amended (continued) .
S. Bond: I appreciate the opportunity. I appreciate the minister and her
staff being here. I know that we went late into the night, and there was
a lot of emotion and lots of questions. I know that there are very
strong feelings about this tax, and we appreciate the minister’s
response.
[11:05 a.m.]
We’re going to stay on
section 1. I will let the minister and her
staff know that we want to work through a number of the
definitions, in
particular, because all of them, obviously, have an implication as to
how the tax will be implemented.
I want to begin with a quote from the minister on March 27, 2018,
where she said: “For many people” — referring to the capital gains tax —
“it might encourage them to hang onto their properties and just watch
the appreciation go up, as they’ve been doing.” I’m sure the minister
can understand the implication that the minister believes that holding
onto a property is speculation, as opposed to flipping a property in a
hot market.
Can the minister just explain her comments in the context of why
she might think that is an appropriate action?
Hon. C. James: This was in a discussion occurring around the opposition, who were
talking about a flipping tax as a speculative piece. I think the
important piece to note is that speculation, yes, can be short term, as
the member talked about with flipping; it can also be long term.
Flipping, yes, is one speculation tool that some people use, but in a
sustained, escalating market, as we saw in British Columbia, what we saw
were people who were not flipping, who were purchasing additional
properties to be able to see the value go up.
I think, as I said on budget day, from our perspective, real
estate is not a stock market. We want real estate to be in place for
British Columbians, for people who live and work here, for people to be
able to purchase a home, to build a community, not to hollow communities
out. I think it’s not an either-or. In fact, speculation can show itself
in a number of different ways.
S. Bond: One of the things that all of us have grappled with and that I
think British Columbians are, is that we do want to see a way to
mitigate legitimate speculation. We’re not convinced that that’s what
this bill does.
Can the minister, then, confirm for us that one of the
consequences of this tax, or one of the reasons that this tax was put in
place, was that she thought that British Columbians should be
considering sale or renting of their properties? Is that one of the
consequences that this minister is trying to force British Columbians to
do? Rather than holding onto a long-term property or investing in
property, is one of the consequences the fact that she wants to force
British Columbians to either rent or sell their properties?
[11:10 a.m.]
Hon. C. James: I think it’s important, again, to go back to the principle of the
tax. No one’s principal residence is taxed. We are talking about
people’s second or third or fourth homes. I think that’s an important
piece to take a look at. Individuals, obviously, have a choice. It’s up
to them how they determine what happens with their second or third or
fourth home.
Do we hope that people will rent it out so that it becomes part of
the rental pool, which, again, assists with affordable housing? Yes, we
do. That would be a positive, from my perspective, if we saw the vacancy
rates go up and there was more housing on the market. But again, it
comes back to the opportunity for people and the opportunity to increase
affordable housing in urban settings where unaffordability is in a
crisis.
T. Redies: With respect to the definition around “apartment,” is the purpose
of this definition to distinguish between units or between types of
residences?
Hon. C. James: This is to determine type of residence.
T. Redies: Does this definition also include secondary suites in regular
homes?
Hon. C. James: Yes, it does.
T. Redies: I’d just like to move on now to the definition around “arm’s
length tenant” and “non-arm’s length tenant.” We have a few questions
around that. Can the minister explain the difference between
arm’s-length and non-arm’s-length tenants for the purpose of this
act?
[11:15 a.m.]
Hon. C. James: I’ll start with an arm’s-length tenant. I’ll look at both pieces,
but an arm’s-length tenant would be an individual who occupies a
property with a written tenancy agreement and deals at arm’s length with
the owner. Arm’s-length dealings are defined in
section 12. That’s why I
was just trying to make sure we had all the references to the
section.
Another example would be — just a bit more depth on the arm’s
length — if the owner was a corporation or trust or a partner, the
tenant has to be at arm’s length from all the corporate interest holders
for it to be truly arm’s length.
For non-arm’s length — and then we can come back to more specific
questions if the member has them — that means an individual who occupies
a property for at least one month but is not at arm’s length from the
owner — for example, family members. You often have people who will buy
a condominium for their child going to university, for example. Their
child would be a non-arm’s-length tenant for the purposes of this
act.
Just one other additional piece. If the tenant was arm’s length
from the owner when they signed the original tenancy agreement, they’re
still considered to be an arm’s-length tenant as long as the tenancy
agreement continues.
T. Redies: Thank you, Minister, for your answer.
What happens in the case that there’s no tenancy
agreement?
Hon. C. James: People will be required to have a tenancy agreement to be able to
claim the arm’s-length tenant. That will be required. They won’t need to
provide it. They’ll just need to have it so that if there’s an audit,
they’re able to show that they have a tenancy agreement in place.
Therefore, they can get the exemption.
T. Redies: I’m just asking a little bit more specific question with this
situation. What happens if a person is a U.S. owner of a property here
but has a daughter and son going to university? Will they be exempt from
the tax or still have to pay the tax?
[11:20 a.m.]
Hon. C. James: If they are a foreign owner, so not a British Columbian, they will
generally have to have an arm’s-length tenant. That’s the requirement,
as you’ll see in the act as we go through, unless the tenant is a B.C.
resident paying taxes here. There’s a formula, and we’ll get into that
as we get into more specifics in the bill.
N. Letnick: Good morning to the minister and her staff. It’s a pleasure to be
here again.
Probably the first question I’ll have is to do with what length of
term is required for renting out your place to qualify for not being
subject to the spec tax. I just want to confirm. If I understand
correctly, it has to be a minimum of six months in the calendar year,
and it has to be a minimum of three-month increments. Is that
correct?
Hon. C. James: Six months, but one-month increments is the
requirement.
N. Letnick: Could the minister then comment on the case where you have people
renting out their homes through Airbnb for, let’s say, one-month
increments? In a lot of cases, in Kelowna and other jurisdictions that
are attractive during the summer, you’ll have people rent out their
homes to people from around the world. It could be for a month and one
day. Does that mean that if they did it for six months of the year, they
would now avoid the vacancy tax?
Hon. C. James: Remember that for arm’s length, there has to be a tenancy
agreement in place. In most cases, an Airbnb doesn’t have a tenancy
agreement in place. So the requirement would be a tenancy agreement in
place for the person who is living there in one-month increments or the
six months or a portion of the six months to make up the six months. But
the tenancy agreement has to be in place.
N. Letnick: Maybe the minister can enlighten me. How do you get a tenancy
agreement in place and then ask the tenant to leave, since the law has
now been changed where it’s much more difficult to do that? Maybe she
can explain that to us.
Hon. C. James: Just to clarify the residential tenancy. If you are the owner and
you are renting it out to someone, you can have an agreement in place
with someone to rent it out and then move back yourself. That’s
permitted within the residential tenancy branch.
[11:25 a.m.]
T. Redies: This requirement to have a tenancy agreement and the one-month
increments…. We have a vacation rental tourism business here in B.C.
that generates millions in revenue. Is this not going to cause
tremendous problems for the vacation rental market in that most people
who are vacationing don’t typically take out one-month extended stays?
It’s usually a couple of weeks.
Have the minister and the ministry thought about the impact of
this tax and the
definitions on the vacation rental business in this
province?
Hon. C. James: I think it’s important to remember that many people who utilize or
provide opportunities for Airbnb or vacation rentals use their primary
residence. This doesn’t impact those people at all. There are many
people who rent out the extra room, or they rent out their downstairs.
That’s what they do. It doesn’t impact at all on vacation
rentals.
We are talking about people who have empty, vacant, second or
third or fourth homes. For those people, yes, we are encouraging
longer-term rentals. We aren’t encouraging Airbnb. We don’t want people
to purchase homes, leave them vacant or utilize them for short-term
rentals. We want to encourage rentals.
Yes, we did spend a lot of time on that piece in the bill, and
yes, that’s the intent of the bill.
T. Redies: Just following on, on this, a lot of these vacation rentals,
again, are purpose-built vacation rentals that investors and other
people have bought with the idea that they use them for a few months of
the year, and then they rent them out. They’re part of a vacation
property. It seems to me that this tax is going to really damage that
particular industry. I’m not talking about Airbnb. I’m talking about the
vacation rentals that were purposely built and are often in remote areas
— for example, SookePoint.
Does the minister really think it’s realistic that some of these
vacation rental properties, which are often in remote areas, are going
to be rentable? Some of them are, oftentimes, luxury-type rental
accommodations. SookePoint, for example, doesn’t even have a bus service
to it. Again, why damage that industry, which is really not going to
generate affordable housing for the people of British
Columbia?
[11:30 a.m.]
Hon. C. James: The member mentioned remote areas and further away. I think it’s
important to just note, again, that we’re talking about urban centres. I
recognize there will be some places in urban centres, but remember,
we’re talking about urban centres and that this tax applies to class 1
residential. Some of those purpose-built vacation hotels or resorts
would not be class 1. If they’re class 1 properties, which is
residential under the Assessment Act, therefore they’re
included.
N. Letnick: The scenario, then, is that we have an investor that lives in
Kelowna who has also purchased a class 1 residential property as a
second home, or a second unit, and who was renting it out as a vacation
rental for the time being — waiting for someone to come back from
overseas to fill it in. But in the meantime, it’s being rented out as
vacation rental. Is the minister saying, therefore, that unit, even
though it’s not vacant, would be subject to the vacancy tax?
Hon. C. James: I think it’s just important to note…. Obviously, we’ll go through
these examples, because that’s important. I think it provides
opportunity to look at the tax. But for very specific individual cases,
I just want to clarify for people that we’ll provide information based
on the bill. But individuals should obviously make sure that they’re
looking at their own tax purposes, looking at their own information and
connecting with the site when it’s up. I think that’s important as
well.
The example the member gave. Someone lives in Kelowna. They have a
second home. They’re renting it out as a vacation rental. Again, to come
back to the original purpose, if it’s being rented out in one-month
increments, and it’s being rented with a tenancy agreement, then they
don’t pay the speculation tax. Otherwise, they do.
N. Letnick: Thank you to the minister for that. I think my last question on
this before the Leader of the Third Party asks some questions is…. This
is going back to Airbnbs again. So not the other example.
I understand the minister did discuss the
introduction of this with the Airbnb association. There’s
also, I believe, $16 million in revenue that’s projected from Airbnbs in
the budget. Does the provision of the speculation and vacancy tax impact
any of that $16 million that’s in the budget?
[11:35 a.m.]
The Chair: Members are reminded that the same rules as apply in the
Legislature apply in this chamber and that the taking of photos is
not permitted, Member for Powell River–Sunshine Coast, even if the
photos might be of a mouse.
Hon. C. James: You’ll hear this, because we’ve had this discussion previously
around the budget. We used very conservative numbers, and no, it doesn’t
have an impact on the budget numbers for the PST that is going to be
paid by Airbnb and other vacation rentals.
A. Weaver: I enjoy this line of questioning. I think it’s very important to
get clarification on the intent of the legislation before us. I have
three questions on the definition of “specified area” in this
section.
The first is with respect to item (
l) in specified area. It refers
there…. It just says: “…an island, if any, within an area referred to in
paragraphs (
a) to (j), if the island is usually accessible only by air
or water throughout a calendar year.”
The first question is: why was the term island used there as
opposed to a general area within these (
a) to (
j) that are generally
accessible only by air or water? I’ll come to a specific example. Within
the broader area, there may be, in fact, regions that are only
accessible by air or water, even though they lie within the areas
covered in (
a) to (i).
Hon. C. James: As the member knows, the exclusion, when we looked at how to
refine the geographic areas and looked at, as I mentioned in our
discussion yesterday, the issue of how you make sure that most vacation
homes are excluded…. We took a look at a number of different options,
and one of them was to look at refining the geographic area.
That’s why we’ve said that we exclude islands that aren’t
accessible, or that only are accessible by air and water — to be able to
address those areas that, again, are difficult for commuting and,
therefore, in most cases, are not people who are commuting and buying
second homes. They’re mainly vacation homes, which is why we’ve listed
it under (
l) in that way.
[11:40 a.m.]
A. Weaver: I very much appreciate the answer and the intent of actually
including islands.
Why I raised it is that I heard from a resident of Belcarra,
which, as the minister will know, is a lovely piece of the Lower
Mainland across from Deep Cove. This person actually owns a property in
Belcarra that is not accessible by road and is only accessible by air or
water.
It seems that the intent of the legislation was to actually ensure
that we’re dealing with urban areas where there are issues of commuting
and issues of a rental market that’s being at ease here. Clearly, I
would have thought the intent of this legislation would not have been to
include somebody with a home in Belcarra that is not accessible by road
and only accessible by air or water.
My question to the minister is: to what extent does a person who
lives in the region — in one of these designated, prescribed areas —
have an ability to actually get government to recognize that the spirit
and intent of this legislation probably wasn’t meant to apply to an area
which is only accessible by air and water but happens to be in one of
these geographical regions?
Is there a mechanism that this person, recognizing the spirit of
the minister’s previous statement, could go forward to actually
determine whether or not this really is appropriate and they were meant
to be covered under the government’s intentions?
Hon. C. James: We did specifically look at Belcarra. Part of the logic was,
again, looking at the commuting distance. In fact, the commuting
distance from Belcarra…. It’s a very short commute to downtown
Vancouver. In fact, it’s a shorter commute from others that go from the
Fraser Valley or from other distances — North Vancouver, for example.
Five minutes away.
It is a municipality though, and I think this is important. As the
member asked: what opportunities are there for discussion around these
issues? Belcarra, in fact, is a municipality. I met with the Belcarra
folks at UBCM. They will have the opportunity, in an informal setting
anytime, but in a very formal setting, as the member knows, with the
amendment coming forward, to have an opportunity to be able to argue
either the strength or weakness of having the municipality
included.
The Chair: Noting the time, we’ll take one more question.
A. Weaver: On this topic. I have one more question after this. I don’t know
whether….
The Chair: Of course. As long as the minister can address the questions,
we’ll do them.
A. Weaver: It’s just to follow up on that further, very briefly.
I’m not talking about the entire region of Belcarra. But within
the broader
section of Belcarra, there are parts of Belcarra —
properties that happen to have cabins on them — that are only accessible
by water or air. Therein lies the issue here.
It may be that the municipality itself meets the intent that the
minister sought of a commutable distance. However, it’s not a commutable
distance for some aspects of this municipality that extend into areas
that are actually not an island but are only accessible by air or
water.
Again, my question for a specific individual within this broader
municipality: is there a mechanism for that individual to seek an
exemption, as per my earlier remarks?
[11:45 a.m.]
Hon. C. James: Thank you for the question, again. I think we did, in fact, look
at the commuting time from some of the areas that were only accessible
by boat — five to eight minutes to get to the Lower Mainland. So there
are commuting pieces there. There aren’t opportunities other than,
obviously, coming forward and raising the issue.
There aren’t opportunities built into the legislation, but I
expect that people will have the opportunity to argue that changes
should be made, if changes are going to be the made to the tax,
including the mayor, who, I’m sure, will represent all the members of
the municipality.
A. Weaver: My final question is very brief. It’s from another concerned
couple who approached me. I’m just giving a sampling of them because
they illustrate the variety of concerns out there. I believe I know the
answer, but I’d like to get confirmation from the minister.
The couple lives on Mudge Island in the Nanaimo regional district.
They’re concerned that the tax could afford them and that it could kill
the property values on Mudge Island. Can the minister confirm — they
live in their home full-time on Mudge Island — that Mudge Island is not
included in the regions that are prescribed under the specified
areas?
Hon. C. James: I think the first piece that the member raised is primary
residence. If it’s a primary residence and they live there full-time,
then they aren’t captured. It isn’t captured. It’s only second or third
homes. But Mudge Island is not captured by the speculation tax as
well.
Noting the time, hon. Chair, I move that we rise, report progress
and seek leave to sit again.
Motion approved.
The committee rose at 11:47 a.m.
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