British Columbia Hansard — Tuesday, June 1, 1982 — Morning Sitting (32nd Parliament, 4th Session)
32p 04s 820601a
British Columbia — Debates (Hansard)
1982 Legislative Session: 4th Session, 32nd 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 )
TUESDAY, JUNE 1, 1982
Morning Sitting
[ Page
7889 ]
CONTENTS
Routine Proceedings
Taxation (Rural Area) Amendment Act (No. 2), 1982 (Bill 34). Committee stage.
(Hon. Mr. Curtis)
Third reading –– 7889
Limitation Amendment Act, 1982 (Bill 48). Committee stage. (Hon. Mr. Williams)
Third reading –– 7889
Ferry Corporation Amendment Act, 1982 (Bill 25). Committee stage. (Hon. Mr. Fraser)
section 1 –– 7889
Mr. Lockstead
section 2 –– 7890
Mr. Lockstead
Mr. D'Arcy
Third reading –– 7891
Committee of Supply: Ministry of Agriculture and Food estimates. (Hon. Mr. Hewitt)
On vote 5: ministers office (continued) –– 7891
Mrs. Dailly
Mr. Kempf
Mrs. Wallace
Ms. Sanford
Mr. Mussallem
Mr. Lockstead
TUESDAY, JUNE 1, 1982
The House met at 10 a.m.
MRS. DAILLY: In the gallery today we have a group of
students from Burnaby North Senior Secondary. They are visiting the
House today with their teachers, and I hope the House will join me in
welcoming them.
Orders of the Day
HON. MR. GARDOM: I ask leave to proceed to public bills and orders.
Leave granted.
HON. MR. GARDOM: Committee on Bill 34, Mr. Speaker.
TAXATION (RURAL AREA)
AMENDMENT ACT (No. 2), 1982
The House in committee on Bill 34; Mr. Davidson in the chair.
Sections 1 to 3 inclusive approved.
Title approved.
HON. MR. CURTIS: Mr. Chairman, I move the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 34, Taxation (Rural Area) Amendment Act (No. 2), 1982, reported complete without amendment, read a third time and passed.
HON. MR. GARDOM: Committee on Bill 48, Mr. Speaker.
LIMITATION AMENDMENT ACT, 1982
The House in committee on Bill 48; Mr. Davidson in the chair.
Sections 1 and 2 approved.
Title approved.
HON. MR. WILLIAMS: Mr. Chairman, I move the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 48, Limitation Amendment Act, 1982, reported complete without amendment, read a third time and passed.
HON. MR. GARDOM: I call committee on Bill 25, Mr. Speaker.
FERRY CORPORATION AMENDMENT ACT, 1982
The House in committee on Bill 25; Mr. Davidson in the chair.
section 1.
MR. LOCKSTEAD:
I won't take up too much of the committee's time. Yesterday, during the
course of second reading, I think all of the points as to why we voted
against the bill were made by my colleagues in the opposition.
There
is one point on
section 1 that I wish to ask the minister about. It
refers to the explanatory note. Just for the record, Mr. Chairman, it
is as follows: "The amendment will permit the guarantee of lease
payments in addition to the guarantee of securities referred to in
section 18(l)." This means that the Ferry Corporation may have to
borrow moneys to make payments on the leases that were entered into in
or about 1977, when the government and the corporation sold some of the
vessels to eastern financial firms on a leaseback arrangement over an
18-year period, as I recall. The reason for this was that the
government could have cash right now for the sale of these vessels. The
vessels, which cost approximately $46 million apiece to construct, will
over an 18-year period cost the people of this province $96 million per
vessel under this leaseback arrangement, in our view.
I know
the minister of the day put forward the argument that this was a good
financial transaction, and I'm sure I'm going to hear the same thing
from the minister in a minute or two. The fact is that the leaseback
arrangement is ultimately going to put us in a position where we will
have paid for those vessels twice, under this
section which allows for
paying back or guaranteeing those lease fees.
In the
minister's view, will it be necessary — in view of the government's
reduced subsidy this year to the B.C. Ferry Corporation — for the
corporation to borrow money on the money markets of the world which we
will have to pay high interest rates on? Will the corporation have to
borrow money to make lease payments on those ferries?
HON. MR. FRASER:
Mr. Chairman, to the member for Mackenzie, I think we've had this
debate in the Legislature before regarding vessels that were leased; I
believe it was in 1977. The more I look at that arrangement the better
it looks as the money markets change. I believe the rate they have on
that is a little less than 11 percent. That certainly looks attractive
in today's money market. I might say that in the subsidy payment this
year of $47 million, it's my understanding that part of that subsidy
pays the lease payments.
AN HON. MEMBER: How much?
HON. MR. FRASER:
I don't know just how much of the $47 million, and I don't know whether
the government has to borrow any money to pay the subsidy, but I'm sure
they don't. That's the anticipation. As for any future borrowings by
the B.C. Ferry Corporation, it would be up to the board of directors to
recommend to the government any future borrowings, and it could be a
possibility that they would recommend that. Whether the government
would accept that I don't know. I refer not to the original leased
vessels, but to the vessels under construction now, or under
modification, which are not out of the shipyard yet. For instance,
there's one coming out, I believe, this month, and one came out
[ Page 7890 ]
recently.
There is a fair amount of money there. Whether the B.C. Ferry
Corporation will be able to fund that out of the current cash flow I
don't know. Therefore they would have to analyze and see if they had to
ask the government to go to longer-term financing in the case of
leasing or whatever.
Section 1 approved.
section 2.
MR. LOCKSTEAD:
I'll be very brief. I think we made our point, in terms of the
financial arrangements, under
section 1, but I did want to place this
on the record because it deals directly with the subsidy paid by the
government to the Ferry Corporation to allow it to operate.
The
main point, and it's one the minister is very much aware of, is that
the operations of those ferries serving the coast of British Columbia
will have to be expanded. We'll cover this under estimates so I won't
get into it here, but there are parts of British Columbia where the
operations will have to be expanded. Portions of British Columbia which
currently are not being served. Under the current subsidy arrangement
there is no way that that corporation, in spite of what I consider to
be reasonable good management at the present time.... The problem lies
not with management but with the government. With the reduced
subsidies, there is no way that corporation can expand or increase its
service to the coast, to the people of British Columbia who live there.
As I said before, some areas of this coast have no water
transportation, freight or passenger at the present time, under any
arrangement — private, through the corporation or through Highways.
One
other matter, just so it's on record. There is no doubt in my mind,
particularly in view of the minister's answer a few minutes ago, that
the corporation will have to borrow money on the open money markets of
the world, and one way or another, through increased fares or increased
subsidies, whichever way it happens, the bottom line is that the people
of this province will have to pay the high interest rates on the
borrowings that the B.C. Ferry Corporation enters into in the future.
HON. MR. FRASER:
Mr. Chairman, I appreciate the member's observations, but as I observed
earlier, government policy was to lease the vessels back in 1977 to
provide funds, and the rate today is very attractive on those leases —
around 11 percent. That is all total cost; the funds were derived and
reinvested, I imagine, so it reduces the cost to government and the
Ferry Corporation to some degree.
Regarding the expansion of
the fleet, I think it can take place, but I point out to you that we
have expanded the fleet quite maturely in the last four years. I
believe around $150 million for docks and new vessels has been spent.
We have also expanded service in other ways, such as a larger capacity
on all the runs, particularly from Port Hardy. There's a new terminal,
plus twice the capacity of the vessel on that route, the Queen of the North .
We built a new dock of our own at Prince Rupert because we got into
difficulty in sharing with the good landlord we had. We expanded to the
Queen Charlotte Islands, where they've never had service since
Northland Navigation pulled out of the Pacific coast in, I believe,
1976. We will deal with expansion as it comes.
Yesterday I
said — and I repeat this — that as far as capital is concerned the
government feels they should use the credit line of $250 million
they're provided with by the Legislature only if and when necessary.
That's the way we would get expanded service in the future. So I don't
think it's as bleak as you point out, Mr. Member. I'm sure we'll
continue to upgrade this fine service for the public of British
Columbia.
MR. LOCKSTEAD: I don't want to belabour the point, Mr. Chairman, and I won't. I just want to correct the minister on two items.
The
minister did say yesterday during the course of the vote and as a
response in second reading that this side of the House was voting
against the B.C. Ferry Corporation and, in effect, the people working
for that corporation. That is not correct. I want it on the record that
what we were opposing was the method of financing, the reduction in
subsidies. The minister was talking about increased capacity. I wasn't
going to discuss this under this section, but the minister did raise
the topic. The fact is that we have reduced service on most parts of
the coast this summer. I know the minister raised this topic, and we'll
get into details on this matter during estimates. Just so it's on the
record, the fact is that we have reduced service this summer to
Vancouver Island and parts of the coast. We will pay the price this
summer for that reduced service.
MR. D'ARCY: This
section is really the guts of this bill. It makes a fatuous statement
here in the explanatory notes when it says it makes the calculation of
the annual highway equivalent subsidy more flexible. Mr. Chairman, when
this government wants to make something more flexible, it means only
one thing: less money than there used to be and higher taxes for the
individual user in British Columbia. In fact, this bill should not be
called the Ferry Amendment Act, 1982; it should be called the Ferry
Rate Increase and Reduced Service Social Credit Act, 1982.
this very day, June 1, service on the Swartz Bay to Tsawwassen route
has been reduced by three sailings. I don't want any specious argument
from the minister that there is increased capacity on the existing
boats, because that's not correct. There have been nine of what I shall
call mega-ferry sailings a day on that run for the past several months,
and three truck ferry sailings. As of today — as we get into the summer
season — there are still nine mega-ferry sailings, but there are no
longer any truck ferry sailings. The amount of service has been
effectively reduced by three sailings a day. That capacity is going to
have to be absorbed by the existing ferries on the routes. In addition,
there is no longer a 6:15 a.m. sailing from Swartz Bay or 6:30 sailing
from Tsawwassen. This is a particular inconvenience to business and
commercial travellers who need those early sailings to do their
business across the water.
To give another example, between
6:30 a.m. and 9:00 a.m. — a period of two and a half hours — as of
yesterday there were four sailings from Swartz Bay. Between 7:00 a.m.
and 9:00 a.m. this morning there were only two sailings. We are getting
into the summer season. It is as a direct result of this government's
policy that this is taking place. This bill is a reflection of this
government's policy. I mention only one route, but as my colleague from
Mackenzie has indicated, this is endemic throughout the entire system.
There
is only one reason that this bill and this
section is even before the
House. That is that the minister in charge of these matters in 1976
made a mistake because they established by statute a specified formula
for setting up an annual
[ Page
7891 ]
ferry subsidy. If they hadn't made that mistake, they wouldn't need
this bill. They could have had these rate increases the way they've done
all the other rate increases over the past few months — in the secrecy of the
cabinet chambers. They could do with a stroke of a pen, an order-in-council,
what they are doing by bringing a bill before the Legislature to allow them
the flexibility to reduce the provincial ferry subsidy by an amount in excess
of $20 million. This $20 million, which they call flexibility in this section,
can only be made up by increased ferry fares to the travelling public throughout
the entire B.C. ferry system. I thought it absolutely strange yesterday — literally
off-the-wall crazy — that government members could say that anybody who opposes
this bill is against the ferry system. I talked to a number of ferry employees
yesterday morning. They all said that the government was nuts and that the new
schedule was crazy. Anybody who is not against this bill is against the ferry
system. It is that party over there who is against the ferry system, and that
is why we're voting against it.
HON. MR. FRASER:
That was a fine speech from the member for Rossland-Trail. I have a
suspicion that it was all politics. That is a terrible thing to happen
in this Legislature — the thing the Leader of the Opposition is always
scolding us for. I wouldn't get involved in that in any way, but I want
to correct some of the statements he made.
The facts of life
are that we have increased capacity in the water in 1982 because of the
foresight of the Ferry Corporation in building new vessels and
stretching and lifting the vessels we have. Yes, there might be a
cutback in the runs, but overall there is an increased capacity. They
are changing schedules today, June 1; that is correct. What you didn't
mention is that the
schedule will change again on June 24 for the
summer schedule. You might properly criticize that maybe that should
have gone in on June 1, but it changes again on June 24 to try to
grapple with the wish of the users of the system.
I might say that what we are also trying to achieve.... I
don't know if the socialists would do it this way or not, but we don't
want to run empty boats. That is what could well happen with what
you're suggesting. We're trying to save some public money, and save the
day that we might have to increase rates. I said yesterday that when
that might happen, if necessary.... We have taken it away from the
tourist season; it will not be dealt with until the fall. We have
increased capacity there. The doubletalk from the socialists over
there....
Interjections.
HON. MR. FRASER: You are against B.C. Ferries. You voted against B.C. Ferries yesterday. That's on the record. That's a fact of life.
Mr. Chairman, with those remarks, I move the committee rise and report the bill complete without amendment.
Interjections.
MR. CHAIRMAN:
Order, please. Just to remind you, hon. members, we are in committee
and we must first pass
section 2. Before we pass
section 2, we will
vote.
I also remind hon. members that this is not the appropriate
section to be discussing
the ferry-sailings schedule. We must be relevant to the
section before us.
MR. LOCKSTEAD: I promise the Chair that I will not exceed the scope that the minister has had under this section.
are on record as voting against this bill. I want to point out very
clearly to the minister and the government benches that this side did
not vote against the workers or the people in the B.C. Ferry
Corporation. What we're voting against here is the government's ability
now, when this bill passes....
It will, with that
heavy-handed majority they have over there. They pass whatever they
want. They haven't even read the bills, but they pass them — and the
sections of this act. What we're voting against is this continuous
increase in the powers of the government to allow these borrowings in
cabinet secrecy. without bringing these matters to the Legislature.
That's what we're voting against in this
section — just so the minister
understands,
MR. BARRETT: Mr. Chairman, I have a few
brief comments, through the Chair. The attempt by the minister not to
be political, but to force closure on this House through that motion
will not go by unnoticed. Let the House have recorded in Hansard
that absent from the House were the Social Credit cabinet ministers who
should be fighting for increased ferry service. That's why the attempt
to move the motion — when they weren't here in this House. You were
just protecting other cabinet ministers — the members from Oak Bay and
Saanich. We know what's going on. That's why we're voting against this
bill. It's an attempt at closure that we will not contemplate.
Section 2 approved.
Title approved.
HON. MR. FRASER: Mr. Chairman, I move that the committee rise and report the bill complete without amendments, read a third time and passed.
HON. MR. GARDOM: Committee of Supply, Mr. Speaker.
The House in Committee of Supply; Mr. Davidson in the chair.
ESTIMATES: MINISTRY OF
AGRICULTURE AND FOOD
(continued)
On vote 5: minister's office, $164, 608.
MRS. DAILLY:
Just as the House adjourned last night, I had posed three questions to
the minister. I believe he was just getting up to answer when the
former minister in charge, the member for Point Grey, felt it necessary
to get up and do his usual speech that we've heard about a hundred
times in this House. Perhaps we can get back to some rational
discussion from the minister in charge. That's not likely, but we'll
try in hope. Did the minister make note of a couple of those questions?
I'd like to hear the answers.
HON. MR. HEWITT: First
of all, there is an annual management survey done by the management of
ICBC to identify problems of service and to review the image of the
corporation. In this particular year that management survey was done by
the Delphi people.
[ Page 7892 ]
The
member for Burnaby North (Mrs. Dailly) mentioned somebody who wished to
go in and pay next year's insurance because he was going to be away for
several months. I would assume the ICBC agent could not accept payment
for next year's insurance because the rates had not yet been set; they
would therefore not be in a position to write a contract for the next
year. A person going away for that length of time could, I'm sure, at
the appropriate time communicate with the agent, have a policy
developed and the amount of premium determined, and then pay it by mail.
The
member mentioned concerns about moral judgments and fire insurance on
homes. I can only say to you that insurance premiums are based on risk.
You mentioned the use of marijuana. You mentioned, I believe, the
attempt by people involved in prostitution to get home insurance. The
determination would be by the Insurance Corporation with regard to risk
in the event of fire and not on matters of moral judgment.
MRS. DAILLY:
The question I asked the minister regarding the political survey done
by ICBC was not answered. I didn't ask who did it; the question was:
what terms of reference were given to the survey firm by ICBC? No
answer was given to that question. I wonder if the minister could
answer that.
I still cannot accept the answer on the kind of
judgments made by ICBC on who is a risk. Speaking on behalf of people
who don't get fire insurance from ICBC, I am simply taking it from a
human rights point of view. I'm trying to point out to the minister
that to date he has not explained to me, any more than could the board
of directors, why someone who has been charged with but not convicted
of a marijuana offence should be refused. You say it's done on the
basis of risk. I wonder if you could explain to the House why that
person would be more at risk than somebody who smokes cigarettes
constantly. I'm not here to judge the rights and wrongs of prostitution
or the smoking of marijuana, but I am here to uphold the human rights,
the civil rights, of any citizen in our province. I'm very concerned
that neither you, as the minister in charge of ICBC, nor the board of
directors have assured us that they have any right to use moral
judgments in assigning risk.
HON. MR. HEWITT: I'll
deal just briefly with those two items. In general, the terms of
reference of that management survey, which is done on an annual basis,
is to analyze the image of the corporation in the public eye, the
efficiency of service, and whether or not the policies offered by the
Insurance Corporation are those required or desired by the public.
That's the intent of the annual survey. The board of directors would
probably respond in a similar vein, in general terms. We can obtain for
you the specific terms of reference given to the consultants, but in
general that's what they would be. The survey is done each year by
management as part of their management responsibility.
With
regard to marijuana, you're asking a question that I think relates to
individual situations. In insurance principles, the coverage and the
premiums involved are determined by risk. If you have individual cases
where you feel somebody's rights have been abused, I'd be quite happy
to see that individual instance and get you a specific response. I
don't think we should be getting into moral aspects with regard to
insurance. We look at the exposure of risk involved. I can only say to
you that ICBC has in the past provided, and will continue to provide,
insurance throughout the province. I'm sure the second member for
Surrey (Mr. Hall) could advise you that in the past some of the private
insurers did not want insurance in certain parts of the province. ICBC,
upon coming into existence, attempted to ensure that those homeowners
throughout the province who desired fire insurance had the ability to
get it. ICBC is probably far more flexible with their policies than are
private insurers.
MR. KEMPF: Mr. Chairman, I want to
change the course of debate completely and get back to what I was
saying when we adjourned last Friday in regard to the minister's
responsibility as the Minister of Agriculture, when I was showing these
most horrible pictures in living colour of predator kills in my
constituency of Omineca and in other neighbouring constituencies in the
north. As I was saying then, thousands of dollars in losses are being
incurred by individuals in the ranching industry because of predation.
I want to talk a little about that this morning, and I want to ask the
minister some questions in regard to what his ministry intends to do to
convince the Minister of Environment (Hon. Mr. Rogers) and the people
in the fish and wildlife branch of the very grave problem.
Regardless
of what certain wildlife biologists say in this province there is a
very real problem and it's growing by leaps and bounds. I don't want to
talk about the wildlife side of that problem, because I'll be talking
at length about that subject during the estimates of the Minister of
Environment. This morning I want only to talk about the ranchers' side
of that problem and the very definite losses they're having because of
wolf predation. Mr. Chairman, I give two examples: a rancher in my
constituency who in the last year has lost 71 head of cattle to wolves,
and another rancher in the constituency of Skeena. It's too bad that
the member for Skeena (Mr. Howard) isn't here this morning to agree
with me and to take his place and make his stand known in regard to the
predator problem.
MR. SKELLY: He's here.
MR. KEMPF:
Well, send him in so that he can talk on the subject, Mr. Member. I
have documented evidence here that a rancher in the Kispiox Valley in
his constituency has lost $105,000 plus to wolf predation in the last
year.
MR. SKELLY: Why did he go to you?
MR. KEMPF:
He went to me because his member wouldn't do anything about it. He
wouldn't speak about it or support him in this Legislature in regard to
predator control. That's why he went to me, Mr. Member. His MLA isn't
interested in the ranching industry, isn't interested in standing and
supporting those ranchers in his constituency in this chamber.
Mr.
Chairman, I have several letters from ranchers in the Kispiox Valley,
not the least of which was the one I received this morning. It talks
about the Livestock Protection Act,
an act that I believe the minister
whose estimates we're talking about this morning has jurisdiction over.
First I'm going to ask the minister to explain that
section of the
Livestock Protection Act dealing with canines and ask him whether in
fact the definition of "canine" includes wolf. If so, is he going to
make restitution through that act to this rancher in
[ Page 7893 ]
the
Kispiox Valley who lost $105,000 through wolf predation? There have
been losses reported by many ranchers throughout the north-central
interior. It's true that a very small percentage do in fact report
their losses to the ministry concerned, the Ministry of Environment,
because they know full well that in the last 10 or 15 years that has
been an exercise in futility in this province. The very real problem of
wolf predation in this province is not one that can be simply
rectified, because it's a political problem. It's a shame that it is,
Mr. Chairman. Because it is a political problem, those ranchers out
there are reluctant to report all of their losses from wolf predation.
Rather than going through the useless exercise of reporting those
losses — and I think this is the nub of the real problem — they have in
many cases taken the law into their own hands, as I said one year ago
in this chamber in the same debate. Again, I don't subscribe to
breaking the law, but with most of those ranchers out there it's a
question of economic survival.
They know that the
politicians.... I talk about politicians here this morning on both
sides of this floor who don't have the nerve to stand up in here and
state what the real problem is with regard to those kinds of losses
through wolf predation and suggest what this Legislature should be
doing about it. Mr. Chairman, there are thousands of dollars of losses,
and that's not the total of the whole problem. I'll talk about the
wildlife aspect of that problem during another estimate, because the
ranchers are having this problem ignored at another level.
[Mr. Strachan in the chair.]
Those
wolves are coming into the corrals and the farmyards of the ranchers of
the northern central part of this province, because they've run out of
wildlife and depleted the ungulate herds to the point they're almost
nonexistent. That's another very real problem in this province, not the
least of which is tourism. There are thousands of dollars of losses.
Mr.
Chairman, thousands of dollars have been spent in an attempt to
band-aid the problem by not facing reality. There has been some feeble
attempt to patch up the problem, but nothing has been done to meet it
head-on. Thousands of dollars have been spent in helicopter hunting.
It's been costly and ineffective.
I talked earlier about
restitution, although I don't believe that we should be into
restitution in any way, shape or form in this province. Rather we
should be applying ourselves to the real problem, and then there
wouldn't be any need for restitution. It's purely band-aid — money down
the drain for further studies, as the instance where $75,000 was spent
on a two-year wolf-control study. We don't have to study the problem;
we've known what it is for many, many years, We used to address this
problem in this province, and we don't anymore. Earlier I spoke of a
rancher who lost 71 head of cattle in the last year, even though
$75,000 of the taxpayers' hard-earned money was spent on this. So that
isn't the answer.
Mr. Chairman, there are people out there
in the ranching industry who I represent and other members of this
chamber represent, and they are hurting badly. They're hurting
financially because of the lack of a proper predator-control program in
the province of British Columbia. They're hurting because of the
unwillingness of politicians to say it the way it is, to meet the
problem head-on and to even admit that there is a problem. I'll tell
you there is a problem. We see it every day in letters to the editor
and in letters that I get from cattlemen's associations all over this
province. There is a very real problem, and there is an
unwillingness.... Because of the lack of intestinal fortitude on behalf
of many politicians in this chamber, that problem persists. Tax money
is being wasted on band-aid programs when we know the answers already.
We need only go out into the field and ask the people who really know.
Ask the ranchers, trappers and guide outfitters. They'll tell us. We
don't have to reinvent the wheel. They'll tell us what the problems
are. We don't have to spend $75,000 on studies. We only need the guts
to really face the problem.
The member for Alberni (Mr.
Skelly) smiles. I understand that the wolves are heading in his
direction. I guess the problem will really culminate when we see the
wolves on the steps of the parliament buildings. Then some of the
politicians in here will realize that they are a fact of life. In fact,
the people of this province — the ranchers, guide outfitters, hunters,
trappers and people in the tourist industry — all have a problem in
regard to wolf predation in this province. Maybe then they'll
understand.
I want to know from the minister this morning
what he has done, in representing the agricultural industry in this
province, to convince the Minister of Environment (Hon. Mr. Rogers) and
other politicians on this side of the floor what has to be done in
regard to wolf predation, and that there is a real wolf predation
problem in the agricultural community he represents.
I will read a news item which appeared in the Interior News , a weekly paper published in Smithers, dated February 10, 1982. This news item alludes to the fact that nothing can be done:
"There is nothing that can be legally done to rid ranching
areas in the Kispiox Valley and the Topley area of cattle-killing wolves, says
the district agriculturalist, Graham Johnson. Johnson said the fish and wildlife
branch has done everything legally possible to solve the wolf problem plaguing
the Kispiox Kattle Co. and the George Gibbs ranch in Topley. The Kispiox Kattle
Co. and George Gibbs claim they have lost 76 and 71 animals respectively to
wolves."
I was talking about that earlier. There is something that can be done. Again,
I say that we don't have to reinvent the wheel; we just have to have a little
intestinal fortitude.
There
is a very real program that can be entered into, but it's not going to
happen unless everyone in this chamber, representing people who have
problems, will get up and say so and not fear the little old ladies
living up on the third floor in West Vancouver who have never seen a
wolf in their lives and write big, long letters to the editor talking
about Farley Mowat, the love of the wolves and the whole ball of wax,
not understanding what the real problem is. There is something that can
be done. I call upon the minister on whose estimates we're speaking now
to urge the Minister of Environment and his colleagues in cabinet to
stop this useless waste that's going on out there because we haven't
got nerve enough to enter into a proper predator control program in
this province. We used to have it.
I’m not talking
about wiping out the wolf population in the province of British
Columbia, because you can't do that, because the wolf is smart. Nobody
would want to do it anyway. All we're talking about here is control.
All we want to do is control that wolf. Before man came along MotherNature looked after that control, The wolf would be on the
[ Page 7894 ]
increase,
and as it increased the ungulate herds and wildlife of the province
would decrease because of predation. But then, all of a sudden, man
came on the scene with domestic herds of cattle, sheep and what have
you. That's why the rancher is having this problem, because the
ungulate herds are depleted. That's a problem as well, and I'll talk
about that at length in the proper form. Man came on the scene and
provided the wolf with food when the ungulate herds were depleted. So
now the wolf needs only to move into the pastures and farmyards. The
wolf population continues to increase, and so we have the problem with
the ranchers. My question is: what are you going to do to convince the
Minister of Environment that we need a proper predator-control program?
closing, I want to say that dog control is under the minister's
jurisdiction. We have a very strange situation in the province of
British Columbia. If there were a pack of dogs out there attacking
domestic herds or wildlife, we would have a hue and cry from the
public, saying: "We've got to do something about those dogs." The
minister would do something, because he has dog control in the province
of British Columbia under his control.
MRS. WALLACE: He doesn't have it anymore.
MR. KEMPF:
Well, if dogs were a problem they'd be taken care of, but not wolves. I
call upon the Minister of Agriculture this morning to stand and tell
this chamber that he is going to seriously support a proper
predator-control program in the province of British Columbia, to
protect the people he represents — the ranchers of this province — from
the terrible predation problem they have.
HON. MR. HEWITT:
Just to deal with the member for Omineca's comments — which he has
raised in this House for the past several years — there is no question
that the ranchers in the farm community are suffering from predation by
the wolf population in this province. On the predator management
committee, under the Ministry of Environment, we have Ministry of
Agriculture staff. I recognize that does not answer your problem, but
it does indicate that we are attempting, through that committee, to
work with the Ministry of Environment to deal with the issue.
regard to the Livestock Protection Act, you will notice that under the
definitions in that act dogs are defined as the canine species.
Therefore they are the ones that are identified — domestic dogs that
are at large and not under the control of their owners — and that is
why we have that program, which is administered by regional districts.
I might add that the dog licensing by them is what provides the funds
to compensate the farmer for loss of domestic animals.
You
made the comment that you are not in favour of a restitution or
compensation program. You don't think that is the answer. You feel it
should be better management. I don't disagree with you. I feel that if
there is a problem with the management of wildlife — in this particular
case, wolves — then that problem should be addressed and the population
should be managed. I guess the issue really is who determines what is
fair management of a species of animal. The members of the fish and
wildlife branch of the Ministry of Environment, as I understand it,
feel strongly that they have a proper management program. As you well
know, their argument on many occasions has been to say that the
activity of man — the farm or ranch operation — is encroaching further
and further into areas that used to be the wolf's domain. As a result
there is conflict. I can't accept that answer and I know you won't
accept that answer. We have to address the question with better
management. I know you will be canvassing these questions under the
Ministry of Environment's estimates where, as you can appreciate, they
probably could be addressed more properly than here. From the rancher's
point of view and from the Ministry of Agriculture's point of view,
first, there is a problem, and second, my ministry's staff are working
with the Ministry of Environment in giving our input to how we can see
the problem being addressed. We will continue to do so. Hopefully we
will achieve a program that will meet with your satisfaction and, of
course, the satisfaction of the ranchers involved. That is about all I
can say on that, Mr. Chairman.
MR. KEMPF: I just want
to comment very briefly on the minister's comment in regard to the
program now being carried out by the fish and wildlife branch. I can
assure you, Mr. Minister, that in the area I represent — it is
administered there out of the fish and wildlife office in Smithers — it
is not being done properly in any way, shape or form.
I would like to read into the record this morning a couple of paragraphs from a letter which appeared, again, in the Interior News
of March 24, 1982. This is a letter from a former predator-control
officer with the fish and wildlife branch in the province of British
Columbia, when we had a proper program.
feel that the present poison program is totally inadequate. Much of the
information sought in the costly studies undertaken could have been
gleaned from local residents — ranchers, prospectors, trappers, guides
and some of the older wildlife officers. Too many times it is assumed
these people 'don't know anything about it' because they don't have a
piece of paper to show they do. That piece of paper is fine, but
without the practical experience in the field, that piece of paper is
only good enough to accommodate that cow Al was talking about."
He's referring here to a previous letter in a paper he had written that I was talking about.
"The results we see today, in comparison with the results obtained in the period 1951 to 1960, bear that out."
He's
talking about the day when he was in charge of a proper program out of
the Fish and Wildlife office in Smithers. But in those days, the
high-priced, fresh-out-of-college wildlife biologists weren't calling
the shots. They were asking the people in the field where the problems
were. They were attacking those problems. Hundreds of wolves were taken
every year in the lakes district and Smithers areas, partially in my
constituency. That doesn't happen anymore. They run uncontrolled. There
is no control of the predator wolf through the Fish and Wildlife office
in Smithers — none whatsoever. All you need to do is ask your district
agriculturalist there, and he'll bear out what I'm saying.
MRS. WALLACE:
We on this side of the House always attempt, in estimates, to deal with
the subjects under the purview of any minister in a topic-by-topic
manner. It makes for orderly debate, and I'm sure it makes it much
easier for the minister involved. It's also for the benefit of those
people who read Hansard ; I'm sure it's much easier to deal with the topics they're interested in reading about. So, for the benefit
[ Page 7895 ]
those people, I'd like to say that the previous interruption occurred
through circumstances beyond the control of the opposition, and I'd
like to return to ICBC.
MR. KEMPF: On a point of
order, that's a clear indication of what some members of this House
consider the predator problem to be. They care not for the
agriculturalists in this province.
MR. CHAIRMAN: That is not a point of order.
MR. KEMPF: It's a very valid subject, Mr. Chairman.
MR. CHAIRMAN: But it is not a point of order. You'll be allowed, as every other member is, to continue in the committee debate.
MRS. WALLACE:
I'm sure we will be dealing with agriculture in due course, when we get
back to the agricultural
section of the minister's responsibilities. We
on this side of the House have been dealing with ICBC for some time and
are going to continue until we finish that debate.
I have
here the ninth annual report of the Insurance Corporation of British
Columbia. The minister will recall that in his estimates there is a
vote — it was a much-contested vote at the time it was put in — for
some $6 million for refunds relative to senior citizens' rebate. I
wonder if he could tell me where that shows up in this report. I would
assume that the payment was made to ICBC. I'm wondering whether or not
it was made, and if so, where it is shown in the report.
HON. MR. HEWITT:
If it has been made — I don't have the detailed financial statements in
front of me — then of course it would go in as revenue to offset the
reduced premiums paid by the senior citizens. If it hadn't been paid,
it would probably show up as an accounts receivable on the financial
statements of the corporation.
MRS. WALLACE: You're telling me then that it would show as a separate item.
HON. MR. HEWITT: If you're looking at the financial statements, it would probably show in other receivables in the year 1981.
MRS. WALLACE: What page is that?
HON. MR. HEWITT:
This would be page 18 and 19. You're looking at $47 million on that
page. It's probably in there. I'm sure you can appreciate that on the
financial statements of the corporation — the balance sheet — they
can't give all the independent detail. They put together a number of
receivables under "other."
MRS. WALLACE: I hate to
tell the minister, but he is wrong again. When I saw that this was not
identified, and being very concerned about that particular amount, I
made inquiries of the Insurance Corporation and found that that $6
million has just been included holus-bolus on page 16 in the
$591,841,000 for vehicle premiums written. I think that is a very
sloppy way to do it. The minister doesn't even know whether it's been
done, and he doesn't know where it is. There was another instance when
the member for Point Grey got up and, after six years, still referred
to a cheque that was written, a deficit. Here this government transfers
$6 million from public funds without even showing the amount, just
burying it in premiums. That is a double standard, in my opinion. It is
just one more example of how that insurance corporation is being run. I
am convinced that there is a deliberate attempt to run that insurance
corporation into the ground.
My file on people who have
problems with ICBC is the largest file — maybe with the exception of
WCB — that I have. I just brought one or two examples that I want to
talk to the minister about today. One of them was a letter written to
the Insurance Corporation from a woman who moved to Lake Cowichan from
North Vancouver and Langley. She had a deficit showing up of some $76 —
an unpaid premium which was not her responsibility. Eventually, because
they would not reissue her insurance, she paid the amount, even though
she felt she didn't owe it. She had no record of any such outstanding
amount. Even after paying it she was still told that that was standing
against her account and she could not receive a new policy until that
was paid. At that point she became very concerned, because this was
February 3, and licences were coming up. She wrote to the Insurance
Corporation.
She has outlined the story. These were her
involvements with ICBC: she had a glass claim to replace her windshield
on Highway 18 in 1980. That is another story. "...then there was action
and settlement of a general damages claim resulting from an accident in
North Vancouver in March of 1980." She gives the claim number. Her
policy carried no liability whatever in that accident. "This matter was
handled by the Langley ICBC claim centre. Then in 1981 it was
transferred to the Duncan centre. It has been suggested to me that
perhaps a concluding report, called a CL90, may not have been processed
at the Langley claim centre, and that this may have somehow resulted in
a claim against my policy." Then she goes on to say:
"Since
1976 there has been in your computer printout a record of $70.26 owing
by me to ICBC. This was also an error, but at one point, because an
Autoplan agent declared he was unable to provide me with my current
coverage for that year unless I did so, I paid the amount. This
information has never reflected that payment, which, as you can see by
the attached photocopy of my receipt was made in February 1, 1979 by
certified cheque. Each year since then, upon renewing my coverage, I've
had to produce this 1979 receipt in order to purchase my insurance. On
occasion I have been denied the option of financing the premium on the
basis of this out-of-date information. As recently as December 1981 I
went to an Autoplan agent to transfer mv coverage to a new vehicle, and
this $70.26 was still outstanding.
"As you requested in your letter of December 23, I have
made numerous attempts to contact your customer service department by telephone
and have not once been able to get past a busy signal. Hopefully this letter
will meet with greater success. Since it is now insurance renewal time we have
very little time to correct this matter before I must again confront an unfortunate
local Autoplan agent who will be required to deal with what will undoubtedly
be a most unwelcome and perplexing situation."
[ Page 7896 ]
She
got no answer to that letter. I eventually contacted the customer
services people in Vancouver, who were quite unaware of it. I don't
know where the letter had been. We got a call back and we eventually
got the thing resolved, but these are the kinds of problems that — just
as the member for Columbia River (Hon. Mr. Chabot) has indicated — are
causing people to get fed up with ICBC. That is why I think it is a
deliberate attempt by management to discredit the corporation. I can't
read anything else into it.
I have a copy of a letter from a
woman in Duncan. She just received her bank statement with cancelled
cheques. She says: "I wish to register the strongest protest over your
withdrawing the amount of $6.69 in interest charges, due no doubt to
the so-called late payment. Two of the three personally approved
payments from ICBC were in the agreed amount of $73.88 and a third for
$80.57." She goes on to detail the agreement, and then she says: "What
gives your corporation the right to have additional moneys withdrawn
from an account without prior permission?" She then says: "No other
amounts are to be taken from my account without my written permission.
Should subsequent problems arise I'm prepared to take the matter as
high as possible." That letter was dated February 23; I received it
March 3. On April 5, after some lengthy dealings with ICBC, I wrote to
the woman again and she replied April 10 to say that the interest
payment had been reinstated in her bank account. Those are the kinds of
things that are happening.
In August last year I applied for
insurance for our recreational vehicle. I paid the insurance and went
on holidays. When I came back from holidays there was a note to contact
my agent. I contacted him, and they asked me to come around and see
them as there was an error in my insurance. I went around and they went
through the policy again, and when they finished they said I owed them
an additional $5. I paid the $5, as I thought this was fair game. In
January I received a letter from ICBC, and I was quite surprised. It
says: "Autoplan premium overpayment refund. Enclosed is a cheque
resulting from an overpayment on your Autoplan premium. This refund
represents the difference between the premium amount calculated when
you renewed your insurance and the amount which actually should have
been paid."
HON. MR. HEWITT: Was it an independent agent?
MRS. WALLACE: No, it was a government agent.
Included
with it was a cheque, and the cheque was for $5.15 — the five dollars I
had been told I had overpaid, and the 15 cents was an inconvenience
payment included. The amount of paperwork involved in that on behalf of
the agent, myself and ICBC, in issuing this cheque, is utterly
ridiculous. Surely we can get our stories straight better than that.
Surely ICBC can do a better job of serving the public. I don't know
what the problem is, but I suspect the problem is with the direction
that company is receiving from this minister.
While I'm on
my feet, I just want to deal very briefly with a subject that I have
raised many times in this House, and that's the situation with the Lake
Cowichan road. In the first instances ICBC covered glass and paint
damage that occurred as a result of flying gravel on that road, with
one deductible, and then when the cost was perceived to be fairly high
they came up with the decision that glass was one accident and paint
damage — front, back, left side and right side — were all separate
accidents with a deductible. That meant that as far as paint went you
might as well just have your vehicle painted, because the cost was less
than the four or five deductibles.
This is an intolerable
situation, and it is now apparently going to court in another
jurisdiction between another minister, the Minister of Transportation
and Highways (Hon. Mr. Fraser), and the company who did the paving.
When that decision is reached, as to who is responsible for the
condition of that road, be it the paving company, Highways or both, any
restitution that's made is only going to be made on the basis of the
ICBC claims that were actually filed for paint damage. The glass is
covered, at least for most people but if they signed a release in order
to get their windshield repaired, it meant that you signed a release as
far as your paint damage was concerned.
I'm pointing out to
the minister that there were a great many people who didn't actually
file a claim, because they held back on that; or, if they did file, the
company was released from the paint damage repair. When a settlement is
reached between the paving company and Highways, and payments are
forthcoming, it is not going to reflect the real costs to the people
who drove there, because of this strange policy of ICBC's that every
bit of paint damage was four or five different deductibles and glass
was a separate deductible.
I have proof positive — and I
have filed it in this House — that in the initial stages it was
considered as one accident, and then the policy changed. I think that
is a very unfair way to treat the people who have to drive that road
because of their work.
HON. MR. HEWITT: First, I
guess it shows you the frustration of a minister when a person comes
into this House and says: "Where is the $6 million discount given to
senior citizens?" The minister says: "To the best of my ability —
because I don't have the detailed financial statements or the auditors'
working papers in front of me — it's either a receivable or it's in the
revenues of the particular year." Then, after responding in that way,
to find members getting up, feeling quite satisfied that they have
caught a minister out of step, so to speak.... As a result, they answer
their own question and say: "Well, we phoned the Insurance Corporation,
and they told us exactly where it is." And it's where this minister
said it should be: either in revenues or as a receivable. Since they
received it, it showed in the revenues, under the heading "Premiums
Received." Therefore I find it somewhat humorous, to say the least,
that a member would stand up and ask a question to which they already
have the answer.
To repeat what the Minister of Science
(Hon. Mr. McGeer) mentioned yesterday, this corporation is not run as a
deficit. It's not subsidized by the taxpayer, but is run on sound
actuarial principles whereby we determine the anticipated cost for
claims in the coming year, and we set the premiums accordingly. Where
there are increases in premiums it's not because of ICBC but because of
the driving record of the people of this province. We have to pick up
that claim and those damages — and they're substantial, Madam Member:
you're looking at $600 million a year in claims paid. But at least we
say that the user will pay — the driving public will pay premiums — and
the taxpayer who does not drive doesn't have to subsidize the driving
public.
In regard to our surveys, we do those in an attempt
to find out what the public wants and to find out where we fail. Where
our image is not up to par we attempt to correct that.
[ Page 7897 ]
Mr.
Chairman, there are a number of evidences, I think, that can be quoted,
and I'd like to touch just on a few, because members opposite like to
read the horror stories: those issues that weren't solved to the
satisfaction of the driving public in a particular case. Well, there
are some good stories, and I'd like to refer to a few.
First
of all, I'd like to refer to a survey done, not by ICBC but in a report
released by the Ontario department of insurance, which showed that
premium rates in that province were significantly higher than those
paid by B.C. motorists. It was a national survey, and it indicated
that, for example, if you compare premiums, you'll find that ICBC in
Vancouver charged $448 for comparable coverage and if you look at
Montreal the prices ranged from $935 to $1,061 or in Toronto from $640
to $793.
I know the second member for Surrey (Mr. Hall) will
be making copious notes to tell me you can't compare Toronto, Vancouver
and Montreal in one fell swoop. Well, let's look at the smaller
communities: ICBC in Victoria, similar coverage, $368; Halifax,
premiums ranged from $368 to $672 through other insurance companies;
Ottawa, from $622 to $816 for similar coverage; Edmonton, from $499 to
$790. So I think we've got not a perfect story but a good story to tell
in the management that has been carried out on ICBC since 1975, because
before that it was a horror story. You can't make political promises
that say: "We're going to give you $25 insurance in trying to buy a
boat." The public didn't accept that in 1975 and they turned you out,
because they recognized that insurance is based on sound actuarial
principles, that those people who drive cars should pay the premium and
it shouldn't be subsidized by other taxpayers.
I can quote
some pretty interesting positive letters on services rendered by ICBC.
I'd like to quote a few in response to the Agriculture critic, who
spends more time talking about ICBC than she does talking about the
farmers in this province. The member for Omineca (Mr. Kempf) spoke up
more for the farmers of this province than that Agriculture critic
across the room.
Let me quote some positive responses. One
is from Dr. Judith Hornung, MD, to a member of the Insurance
Corporation staff: "I just want to say thank you very much for your
help with solving my seemingly insoluble problems with my truck. I was
grateful for the kind and courteous treatment I received from you and
all the staff at ICBC." Another is from Mr. Bill Cosgrave to the
president of the corporation.
"Today I had a
most enjoyable encounter with your company. I was in a hostile mood as
I dialed ICBC to express my anger and frustration at the relentless
increases in vehicle insurance. I was so disarmed by the courteous,
informative and helpful manner in which I was handled that my beef has
been transformed into a bouquet.
"I learned that the name of your employee who impressed
me with her knowledgeable responses delivered in a pleasant, polite manner is
Linda Martin in your public information department."
That's the public information department that is often criticized by those
people who say that they can't get through. Here's one lady in that
department who provided a service to an individual, so much so that he felt
he should express his appreciation for her service by letter.
Here's
another bouquet — to the president — from Mr. Terry Bogyo of Delta: "I
had the unfortunate experience of having an accident during your strike
of last summer." I repeat, not quoting from the letter, that that
corporation went through five months of labour dispute last year. I
defy any corporation, whether it be insurance or otherwise, to go
through a five-month labour dispute and come up to scratch within
several months thereafter. The staff, management and board of ICBC, in
my opinion, should be complimented for the all-out effort they went
through to bring that corporation back up to scratch.
To get
back to the letter: "While it took several months to resolve my claim,
I had the pleasure of dealing with a Mrs. Bellamy of your Richmond
office. Throughout our dealings she presented herself in a very
professional and understanding manner." To end the letter, he states:
"While I have few accolades for the Insurance Corporation, this
individual deserves credit for her presentation of your organization.
Similar attitudes and performance by other staff members could go a
long way in improving ICBC's public image."
I have others
here, which I will read from time to time as those members get up and
give me horror stories on individual claims. I've said it before and
I'll say it again: there are 600,000 claims per year opened in ICBC. If
we have 90 percent success, that means we have 6,000 claims that are in
dispute. That means that MLAs, I and other cabinet ministers will get
the reaction from the motoring public who are not satisfied with their
claims. We're bound to get those. As the second member for Surrey said
yesterday, although I don't often agree with him — I may not be quoting
you correctly, Mr. Member — ICBC does create a problem for government
because behind ICBC is the shareholder, and that happens to the
government of British Columbia.
We can do all we can. We can
answer the questions that are asked. We can deal with the ombudsman. We
can do public surveys. We will never be 100 percent perfect. I defy any
corporation or individual in this world to be 100 percent perfect,
because if they were they'd walk on water. I'm saying that that
corporation, management, staff and board does the best in its ability
to achieve the goal of trying to provide reasonable-cost insurance to
the motoring public of this province.
We do an effort in
education to the motoring public of this province, to tell them to
drive safely and drive defensively. "When you drink don't drive. Then
we can provide you with the lowest-cost insurance in the world." We can
tell them that. We can try to educate them to that. We can lead them to
water, but we can't make them drink. If they want to drink alcohol and
drive, they know what the problems are.
We attempt to
educate the young people and the old people. We attempt to educate the
motorist who comes in for his licence. He gets a booklet, and the
booklet tells him more than any other insurance company in the world
would tell him. It even goes so far as to give him an accident report
form that he can fill out, if he keeps it in the glove compartment of
his car, which he probably doesn't. It tells him about hit-and-run. The
second member for Surrey says: "What about hit-and-run?" It's all in
the book. If they'd read the book they might understand what the
corporation services are.
I am just saying that we must
recognize — I will include my colleagues with the members opposite —
that we will not ever solve all the problems of the Insurance
Corporation. But I can tell you that under the administration on this
side of the House we will solve far more than what they solved over
there between 1973 and 1975. We will not subsidize the Insurance
Corporation, nor will we run it into a deficit position, like the one
in which it was almost bankrupt by 1975, as the Minister
[ Page 7898 ]
Universities, Science and Communications (Hon. Mr. McGeer) said
yesterday — $187 million. They make fun of that comment. The two former
directors over there try to indicate that it was a cheque that was paid
and then paid back. They don't even understand about claims incurred,
claims not settled and liabilities. They talk about the liabilities of
Crown corporations. There are liabilities of that Crown corporation,
behind which stand the premiums paid by drivers. As a result, you have
to provide those funds to meet those claims. Just because you've got
"money in the bank" today.... Had that money not been made available by
the end of the year 1975-76, ICBC would, in effect, have been bankrupt.
The
former directors of that corporation sit over there and make comments
about it. They know full well that that is exactly the case. You can't
fiddle with the books of a corporation like ICBC and say that
everything was rosy because the cash flow on one particular day — a few
days after the insurance renewable premiums came in — was rosy. It
wasn't. They left a total disaster in 1975.
I would be quite
prepared to read some other letters if members opposite want to quote
from NDP horror stories. I think the only research they ever do is to
look at either newspaper columns or a few selected letters and then
sort of quote disaster, doom and gloom, instead of doing some research
and coming in here and asking some questions with regard to the
service, or asking questions related to the Ministry of Agriculture and
Food.
Mr. Chairman, I'm well aware of the concern of the
member for Cowichan-Malahat (Mrs. Wallace) about the traffic on the
highway and the damage.
Interjection.
HON. MR. HEWITT:
And she's gone from the room, that's right. But was that ICBC's fault?
She attacked ICBC, but she's also aware of how ICBC went a long way in
trying to resolve some of the problems with that particular road. Who
was at fault? It wasn't ICBC. I understand it was the quality of the
road covering which caused the problem of paint damage to cars, etc. As
the member mentioned, that matter is before another court and will be
dealt with there.
I'm quite prepared to debate the issue of
ICBC, but I hope the record will show that under this administration
we've attempted — and succeeded — to run that corporation in a sound
and businesslike manner, and that's 110 percent better than what they
ever did up to 1975.
MS. SANFORD: The minister is
very agitated this morning. He seems to be very much on the defensive
about this corporation. I do hope he will take a deep breath and pay
attention to this particular case that I want to raise. But I feel that
in this one instance a serious injustice has been done to a constituent
of mine, not because of the actions of the corporation but rather
because of the fact that the provision.... I assume this would require
legislative change, which I know I'm not supposed to talk about under
the estimated expenditures of the minister. But we must make some
changes so that the kind of serious injustice that has taken place in
this one particular case will not be repeated.
Mr. Chairman,
I would really like the minister's attention in this particular
instance. I'm not critical of the corporation as such; I'm more
critical of the legislators responsible for various statutes which, in
this case, have been of absolutely no assistance to my constituent. Her
name is Ivy, and she lives north of Courtenay in the Black Creek area.
In 1978 she had a visit from her sister from Britain and her sister's
friend. While out driving north of the Courtenay area on July 15, 1978
they were struck by a person who had no insurance and was under the
influence of alcohol. Ivy, who had lived in the Courtenay area for a
number of years with her common-law husband of ten years, was injured
in the accident; her husband was killed. Her sister was injured to the
extent of being in a coma for several weeks in Vancouver and she now
has the mind of a child, requiring constant care in Britain. Ivy had
broken ribs and has also suffered concussion and other problems.
[Mr. Davidson in the chair.]
All
these years later, Ivy still has not received any payment from ICBC
because that case is still going on. I assume it will be resolved this
fall. But because of the inadequacy of ICBC coverage in instances like
this, and because she was in a common-law relationship, she apparently
stands to gain a maximum of $1,000. This is following the loss of her
husband, who was the sole breadwinner. This is following the serious
injury of her sister which she feels somewhat responsible for, in that
her sister was visiting her in Canada at the time of the accident. The
sister requires constant care in Britain; she requires a kind of
assistance that most people would not need, because she now has the
mind of a child and has no memory whatsoever.
The maximum
amount of money available through ICBC in cases like this is $75,000.
The medical costs alone are probably $300,000. Her sister required
medical treatment at a cost of over $200,000. Because the man who was
driving the car was completely responsible for the accident and had no
insurance on that day, the maximum amount of money available was
$75,000. This woman, who is about 50 years old now, is unable to obtain
employment. She has now used up the assets they had, has had to receive
assistance from Human Resources and has gone through untold anguish
herself through the loss of her husband and the very serious injury to
her sister, as well as her own injuries she has had to suffer. She
stands to receive no financial assistance as a result of this traumatic
experience.
I don't think we have done our duty as
legislators when people can have an experience like this and end up in
the position that my constituent, Ivy, is in. She stands to lose her
home; she has already lost her husband; and her sister will have the
mind of a child for the rest of her life. Yet because of the fact that
we have a maximum of $75,000 available through ICBC for cases like
this, that is the position that my constituent, Ivy, finds herself in.
this particular case, the person who was responsible for the accident
was driving his son's car. The car had been insured for one day only —
the day before the accident. It had been insured to move the vehicle
from Courtenay to Victoria, yet the accident the following day took
place some 15 to 20 miles north of Courtenay — nowhere near where the
car was supposed to have been moved.
One other problem is
that under the Family Compensation Act — a statute that I realize the
minister is not responsible for — this woman has no recourse. Because
she was in a common-law relationship for ten years, she apparently does
not qualify under the definition of "wife" as far as the Family
[ Page 7899 ]
Compensation
Act is concerned. Therefore she has no recourse through the courts to
try to obtain some financial assistance through the person who was
responsible for this accident and who behaved in such an irresponsible
way.
She feels very badly treated by the legislation of this
province, in that she and her husband were very careful about their
driving habits. They never went on the road after they had a drink.
They were fully insured. They took out all the insurance they were
required to take out. They obeyed the traffic laws. They were in the
process of taking her sister, who was here from Britain, and her friend
for a drive in the evening, and in one short space of time the
irresponsible behaviour of this particular man has put her in a
completely untenable position. Yet she does not qualify for any
financial assistance with the huge costs incurred through the medical
expenses of her sister, most of which, of course, had to be paid
directly. She was not covered by British Columbia hospital insurance or
medicare premiums.
Ivy had to make arrangements to have her
sister flown back to Britain, even though she herself was suffering
because of the injuries she had sustained in the accident. She had to
take her sister to Britain and try to make arrangements for permanent
care for her there. The institutes there did not want to have anything
to do with her sister because of the fact that she had been injured in
Canada, and because they felt that there should be some obligation,
through the Insurance Corporation, to ensure that some of her costs
would be met in this 24-hour care she now requires. Eventually Ivy had
to abandon her sister in Britain so that the institute itself would
have to assume that responsibility, because Ivy could give them no
guarantee that there would be any financial assistance for her.
This
kind of thing, I think, points out that we have failed as legislators
to ensure that there is a sufficient amount of money available, when an
accident of this type occurs, so that someone who is completely
innocent, someone who has obeyed the traffic laws, who has taken out
insurance, who does not drink and drive, will not stand to lose her
home and have to rely on Human Resources as her only source of income.
She has lost enough without having the additional problems of trying to
survive on the amount of money available through Human Resources
assistance.
I would like the minister to comment on this
case and to assure me that he will take this to the board meeting and
discuss the problems of my constituent in terms of the overall money
that's available; that he will try to see that the fund is sufficient
so that people like Ivy will not have to suffer and go through what she
has had to go through in the last four years.
MR. MUSSALLEM:
Mr. Chairman, I must say that the very carefully worded remarks of the
hon. member for Comox (Mrs. Sanford) are indeed a litany of sadness.
I'm sure the minister feels sad, as we all do in this House. However,
there are many cases like this; I have an even worse one in my own
constituency. I do not know what the solution is. If we change the
regulations to suit a single case, I think we would open the floodgates
and we would not be able to control it. However, I do appreciate what
the member for Comox has said. I just want to say that I also have such
a case, and we must be careful in this thing.
I never was an
admirer of the Insurance Corporation of B.C. I always thought they were
problem people. But having come to know them better as the years go on,
I think the problem with ICBC is its gigantic size. Although I do not
agree with it entirely, I must say that the people of ICBC are the most
dedicated business individuals I have ever met, from the president
down. We do have problems with some claim adjusters; we do have
problems here and there. But my experience has been that they have been
most generous, most kind and everyone is listened to. I have a lot of
letters of appreciation for that corporation. However, they do suffer
from size and I believe something should be done to alter this problem.
Bringing new insurance companies into the province I think would be a
help to ICBC. I recognize ICBC is here to stay, but I do believe it is
far too large and almost overwhelms the insurance business of this
province.
I believe one of the major troubles — I said this
during the estimates of the minister last year and the year before, and
I say it again — is the impersonal nature of the claims centres. I
think we must get back to individual contact with the public, with
individual adjusters outside of claims centres. I feel that is an
urgent matter. I referred to them last year as adjustment mausoleums,
where the masses go to be viewed as impersonal individuals coming in
with a claim. Although they are sometimes treated with kindness, they
are also sometimes treated in an offhand manner. That is where the
trouble commences. I urge the minister to take a hard look at the
claims centres. I believe it would be advantageous for the ministry to
change the system of adjustment of automobiles, trucks or personal
claims so that the claimant comes into contact with a peer in his own
town, and adjustments are made on an individual to individual basis.
Modify the gigantic nature of ICBC. If there is any problem with that
corporation, it is its size and the nature of its operation in that
regard.
MR. LOCKSTEAD: I thought the minister might
reply to the remarks made by the member for Dewdney. There must have
been six or seven questions in that little presentation.
have a couple of questions for the minister on ICBC. I have selected a
few letters, correspondence I have received from constituents in regard
to the activities of the corporation. I know we have only a few minutes
so I will try to keep it short. I hope the minister is taking notes. I
will wait until I have the attention of the minister, because this is
really important.
The Minister of Lands, Parks and Housing
(Hon. Mr. Chabot) keeps telling me to hurry up. Could I kindly respond
to that minister that I wish he would hurry up and do something about
the high mortgage rates and the homes that are being repossessed in
this province. Hurry up and do something about that and quit needling
hon. members on the floor of this House.
Back to the
estimates, Mr. Chairman. If I had the undivided attention of the
Minister of Agriculture, who is responsible for ICBC, but I don't.... I
therefore move the committee rise, report progress and ask leave to sit
again, until we have the minister's attention.
Motion approved.
The House resumed; Mr. Speaker in the chair.
The committee, having reported progress, was granted leave to sit again,
MR. HALL: Mr. Speaker, I'd like to ask leave of the House to withdraw question number 28 standing in my name on the order paper.
Leave granted.
Hon. Mr. McClelland moved adjournment of the House.
Motion approved.
The House adjourned at 11:57 a.m.
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