British Columbia Hansard — Monday, June 23, 1980 — Afternoon Sitting (32nd Parliament, 2nd Session)
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British Columbia — Debates (Hansard)
1980 Legislative Session: 2nd 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)
MONDAY, JUNE 23, 1980
Afternoon Sitting
[ Page
2967 ]
CONTENTS
Routine Proceedings
Oral Questions.
Lung Association meeting. Mr. Cocke –– 2967
Use of American tradesmen on B.C. Jobs. Mr. Howard –– 2967
Alleged fraudulent applications for BCRIC shares. Mr. Barber –– 2967
Appointment of Tom Butler. Mr. Cocke –– 2968
Alleged fraudulent applications for BCRIC shares. Mr. Barber –– 2968
Freight subsidy for Vancouver Island farmers. Mrs. Wallace –– 2969
Fort Nelson Indian Reserve Minerals Revenue Sharing Act (Bill 22). Committee stage.
section 3.
Mr. Howard –– 2969
Hon. Mr. Williams –– 2969
On the schedule.
Hon. Mr. Williams –– 2969
Report and third reading –– 2970
Fire Services Amendment Act, 1980 (Bill 25). Committee stage.
section 1.
Mr. Macdonald –– 2970
Hon. Mr. Williams –– 2970
Mr. Leggatt –– 2970
Report and third reading –– 2970
Home Owner Grant Act (Bill 31). Committee stage.
section 2.
Mr. Barber –– 2970
Hon. Mr. Vander Zalm –– 2970
Mr. Mitchell –– 2970
section 3.
Mr. Cocke –– 2971
Hon. Mr. Vander Zalm –– 2971
Mr. Mitchell –– 2971
section 12.
Mr. Barber –– 2971
Hon. Mr. Vander Zalm –– 2971
Report and third reading –– 2971
Liquor Control and Licensing Amendment Act, 1980 (Bill 18). Second reading.
Mr. Levi –– 2971
Hon. Mr. Nielsen –– 2972
Division on second reading –– 2974
Revised Statutes Correction Act, 1980 (Bill 33). Second reading.
Hon. Mr. Williams –– 2974
Miscellaneous Statutes Amendment Act (No. 1), 1980 (Bill 34). Second reading.
Hon. Mr. Williams –– 2975
Special Funds Act, 1980 (Bill 7). Second reading.
On the amendment.
Mr. Cocke –– 2975
Mr. Nicolson –– 2976
Mrs. Dailly –– 2976
Hon. Mr. Chabot –– 2976
Hon. Mr. Mair –– 2977
Mr. Hanson –– 2977
Mr. Mussallem –– 2977
Mr. Lea –– 2978
Mr. Macdonald –– 2980
Hon. Mr. Hewitt –– 2980
Division on the amendment –– 2981
Hon. Mr. Curtis –– 2981
Division on second reading –– 2981
Crown Corporations Borrowing Authority Increase Act (Bill 9). Second reading.
Mrs. Wallace –– 2982
Mr. D'Arcy –– 2983
Mr. Howard –– 2984
Mr. Lockstead –– 2985
Mr. Cocke –– 2987
Mr. Leggatt –– 2988
Hon. Mr. Curtis –– 2990
Division on second reading –– 2991
MONDAY, JUNE 23, 1980
The House met at 2 p.m.
[Mr. Davidson in the chair.]
Prayers.
HON. MRS. McCARTHY:
I'm very pleased to share with the House the knowledge that we have two
very nice visitors from the United States of America today. I would
like to ask the House to welcome Mrs. Sharon Scherexnayder and her son,
Tory Casanova.
MR. GABELMANN: I have two
introductions today. The first is of a group of students in the gallery
from Seaview School in Port Alice, accompanied by their teacher Mrs.
Kellas. I'd like the House to make them welcome.
The second
introduction I'd like to make is that of my campaign manager, Mr. Paul
Barnett. I'd like the House to make him welcome.
HON. MR. NIELSEN: I'd like the House to welcome Mr. Bill Keeley, who is a small businessman from Richmond visiting Victoria today.
MR. HOWARD:
Mr. Speaker, we also have in the gallery today a business couple from
Smithers. I'd like the House to join with me in welcoming Mr. and Mrs.
Macrae.
Oral Questions
LUNG ASSOCIATION MEETING
MR. COCKE:
Mr. Speaker, I have a question for the Minister of Health. The Minister
of Health recently broke an appointment with the Lung Association. Will
the minister advise the House why he misled the association by
indicating he was ill, when he was fit enough to play squash here in
Victoria?
DEPUTY SPEAKER: Hon. member, the question
is very directly an argumentative one. The word "misled," addressed to
an hon. minister, is not in order. Would the member rephrase his
question.
MR. COCKE: Misinformed, Mr. Speaker. We're just interested in why he didn't attend the Lung Association meeting.
DEPUTY SPEAKER: That question is in order.
HON. MR. MAIR: Mr. Speaker, on the afternoon in question I felt unwell and sent my regrets.
USE OF AMERICAN
TRADESMEN ON B.C. JOBS
MR. HOWARD: Mr. Speaker, I'd
like to direct a question to the Minister of Labour. Has the minister
given permission to an American firm called E&L Engineering, a
contractor for the United States–based Aspen Ski Corp. on the Whistler
Mountain project, to fly in American citizens as tradespeople to work
on the construction of the ski resort?
HON. MR. HEINRICH:
Mr. Speaker, to the member for Skeena, I know nothing of what he is
raising, but I will undertake to find out. I take the question as
notice.
MR. HOWARD: Was the minister contacted in the
instance of the Vernon Fruit Union at Winfield, where another U.S.
contractor named Van Doran Sales and Service has brought in some nine
or ten tradespeople who are American citizens? Was that brought to the
minister's attention?
HON. MR. HEINRICH: That matter has not been brought to my attention either. I will take that question as notice too.
MR. HOWARD:
Mr. Speaker, I have a further question. Could I ask the minister, when
he receives the information he is seeking, whether he will contact the
federal immigration authorities with respect to this general question?
HON. MR. HEINRICH: I'll make inquiries on behalf of the member. I really can't say much more than that, Mr. Speaker.
ALLEGED FRAUDULENT APPLICATIONS
FOR BCRIC SHARES
MR. BARBER: Mr. Speaker, in the
absence of the Attorney-General (Hon. Mr. Williams), I have a question
for the Premier. I wonder if he could inform us what the policy of his
government is in regard to prosecutions of persons alleged to have
forged signatures on British Columbia Resources Investment Corporation
free-share applications.
HON. MR. BENNETT: Mr.
Speaker, if the member would deal with specific cases, I could help by
taking the question as notice for the Attorney-General.
MR. BARBER:
Well, there is a specific case. But I'm asking, through you, Mr.
Speaker, what your government's policy is — not future policy; current
policy, which is in order — in regard to the prosecution of persons
alleged to have forged signatures on applications for free shares of
the British Columbia Resources Investment Corporation.
HON. MR. BENNETT:
Mr. Speaker, I'm sure that the Attorney-General's ministry would review
any allegation of any law being broken — that being one of them — and
would take appropriate action after reviewing the circumstances.
MR. BARBER:
Mr. Speaker, I have a question to the Minister of Consumer and
Corporate Affairs. Could the minister advise the House what report, if
any, he has now received from the superintendent of brokers, Mr.
Bullock, in regard to the alleged forgery of signatures by an employee
of Midland Doherty in regard to some — it would appear — 30
applications for British Columbia Resources Investment Corporation
shares?
HON. MR. NIELSEN: Mr. Speaker, I'm not aware of having received any report at this time.
MR. BARBER: Well, others are.
[ Page 2968 ]
HON. MR. NIELSEN: Oh, are they? From looking in my files?
MR. BARBER: I haven't received that file yet in the mail; but when it comes, I'll share it with you.
HON. MR. NIELSEN: I'm sure it's on its way.
HON. MR. BENNETT: Do you initiate the receiving?
MR. BARBER: I'm always happy to open my mail on a Monday morning.
wonder if the minister is prepared to inquire of the superintendent of
brokers as to whether or not he has received advice from, among others,
the regional Crown counsel in Prince George, which indicates that
apparently a person in the employ of Midland Doherty forged signatures
on applications for some, it would appear, 30 persons who otherwise did
not apply for BCRIC shares, but by virtue of the fraudulent signatures
wrongly applied now seem to have applied for them in any case. Would
the minister tell us whether or not he's prepared to make an inquiry of
Mr. Bullock to find out the circumstances of these allegations?
HON. MR. NIELSEN:
Mr. Speaker, yes, of course we'll be in contact with the superintendent
and he will provide us with such information as he may have on the
particular case. I presume we're dealing with some form of a criminal
charge or possibility of a criminal charge but, yes, that information
will be made available to us.
MR. BARBER: A question
to the Minister of Finance. As fiscal agent for the free shares in the
British Columbia Resources Investment Corporation, can the Minister of
Finance inform the House whether or not he has received any other
complaints or charges of fraudulent applications for BCRIC shares from
any of his officials? If so, could the minister tell us something about
the disposition of these complaints as well?
HON. MR. CURTIS:
Mr. Speaker, yes, I recall that there have been the occasional
complaints with respect to improper attempts to apply for shares. I
believe that the number has been very small and, although some of them
may have, in fact, occurred prior to the portfolio change of late
November last year, I'll take the balance of the question on notice.
MR. BARBER:
A final question to the same minister: can the minister advise whether
or not he has received information from the superintendent of brokers
in regard to the alleged signing of applications without authority by
an employee of Midland Doherty?
HON. MR. CURTIS: Mr. Speaker, as I stand here answering the questions, no, I don't recall any such instance, but I will check.
APPOINTMENT OF TOM BUTLER
MR. COCKE:
Mr. Speaker, I have a question for the Minister of Health. Can the
minister confirm that Mr. Tom Butler, formerly a PR agent for the
Premier, among others, has been hired to advise the government on the
new denticare program?
HON. MR. MAIR: Not
specifically, Mr. Speaker. He has been hired on a short-term contract
to help us with our public information facilities. I would assume that
he may well be called upon to advise us on the denticare program in due
course, but at this point in time it is not one of his terms of
reference.
MR. COCKE: Can the minister advise what qualification Mr. Butler has to consult on health care programs?
HON. MR. MAIR: So far as I know, absolutely none. I'm not asking him to.
MR. COCKE:
I wonder if the minister remembers the answer to the original question.
I would ask the minister to advise what qualification Mr. Butler has,
apart from his connection with Margaret Trudeau's disco hype and Bill
Bennett and the world belly-flop championship, which could make his
advice useful in relation to denticare in any way.
HON. MR. MAIR:
My recollection of my original answer is that Mr. Butler has been hired
on a short-term contract to help us with the information services of
the Ministry of Health. He certainly has many qualifications for that.
I think they are well known to all the people of British Columbia. That
answer stands. He can publicize denticare, I presume, if we ask him to
do so. So far I haven't asked him to. I've only asked him to help me
put together a better information service within my ministry.
MR. COCKE: I would then ask the minister: does Mr. Butler's appointment mean that the denticare program will be all hype and no substance?
ALLEGED FRAUDULENT APPLICATIONS
FOR BCRIC SHARES
MR. BARBER: I have a question to the
Attorney-General on the matter I raised earlier. I wonder if the
Attorney-General could advise the House as to the policy of his
ministry in regard to the prosecution of persons alleged to have
fraudulently signed names to British Columbia Resources Investment
Corporation free-share applications.
HON. MR. WILLIAMS:
It is not a question of the policy of this ministry. If activities have
been engaged in which constitute a breach of the criminal law, then
they will be dealt with accordingly.
MR. BARBER: We
are informed that regional Crown counsel in Prince George, Mr. Ewert,
in the case of the alleged forgery of signatures by an employee of
Midland Doherty in fact recommended that charges be laid, presumably
charges of forgery. One is further informed that that recommendation of
regional Crown counsel was overturned in the ministry. I wonder if the
minister could advise whether or not he has been made privy to the
reasons why the recommendation of regional Crown counsel was overturned
in this particular case of an alleged forgery in the specific case of
BCRIC applications.
HON. MR. WILLIAMS: Mr. Speaker, I think the member is misinformed. The particular incident which has re-
[ Page
2969 ]
ceived some consideration in the press is one of a number which are continuing under investigation.
FREIGHT SUBSIDY FOR
VANCOUVER ISLAND FARMERS
MRS. WALLACE: My question is
to the Minister of Agriculture. It relates to the freight subsidy for
Vancouver Island farmers during the CPR work stoppage. On May 8 the
minister advised the House that this would range from $7 to $25 per ton
and that the federal government has a precedent for such assistance.
I'm wondering whether or not he can tell the House if the federal
government has decided to make this funding available.
HON. MR. HEWITT:
Mr. Speaker, as of last week we haven't had a response to whether or
not the assistance is forthcoming. We have been in touch, as the member
knows, with Ottawa in looking at this type of assistance. For the
benefit of the member and the farmers involved, I'll follow up on it.
MRS. WALLACE:
In the event that you are not successful, Mr. Minister, in persuading
Ottawa to make some recompense to the Vancouver Island farmers, are you
prepared to consider making such an advance to them from the provincial
coffers?
DEPUTY SPEAKER: Hon. member, questions which are hypothetical are out of order.
MRS. WALLACE: Has the minister decided, then, to make such an advance to the farmers in the event that the Ottawa government does not?
HON. MR. HEWITT:
Mr. Speaker, we are looking at the matter with regard to the federal
government's responsibility in this matter. I am hopeful that we might
be successful in having them provide the assistance that's required.
MRS. WALLACE:
My question was: has the minister decided to assist the farmers if the
federal government does not make a federal subsidy available? He didn't
really respond to that, so perhaps I will ask him if he has decided not
to make money available from the provincial coffers in the event that
the federal government does not pay the subsidy.
HON. MR. HEWITT: Mr. Speaker, we haven't addressed that question as yet.
Orders of the Day
HON. MR. GARDOM: I ask leave to proceed to public bills and orders, Mr. Speaker.
Leave granted.
HON. MR. GARDOM: I call committee on Bill 22.
FORT NELSON INDIAN RESERVE
MINERALS REVENUE SHARING ACT
The House in committee on Bill 22; Mr. Strachan in the chair.
Sections 1 and 2 approved.
section 3.
MR. HOWARD:
I'd like to pose a question to the minister with respect to a provision
section 3 on page 8 following subsections (1) and (2). It reads as
follows: "but if at any time an Indian agent is not appointed for the
reserve the powers and duties exercisable by an Indian agent under the
said agreement with respect to...." What is meant by Indian agent there?
HON. MR. WILLIAMS: You're referring to a
section of the act?
MR. HOWARD:
I'm sorry.
Section 3 is on page 8 of the bill, immediately following
subsection (2) thereof and just about an inch and a half or two down
the page. It starts to read: "but if at any time an Indian agent is not
appointed for the reserve the powers and duties...." What is meant by
Indian agent?
HON. MR. WILLIAMS: It would be an
official of the Department of Indian Affairs and Northern Development
of the federal government holding the responsibilities of Indian agent.
MR. HOWARD:
I don't want to quibble about words, but it's my understanding that
there's no such reference in the Indian Act of Canada to Indian agent.
It's an antiquated, obsolete term. The usage currently, which has been
so for many, many years, is to designate that person appointed to that
position of what used to be an Indian agent to now be called an Indian
superintendent under the federal act. I just wondered whether there's
any difficulty there.
HON. MR. WILLIAMS: I now have
the full import of the member's question and he's absolutely right. If
the member will notice,
section 3 of the agreement speaks of the Indian
Reserves Mineral Resources Act. As you know, that was a very old
statute which used the words "Indian agent." So in order to deal with
it effectively in this agreement we had to use the same terminology,
although it was pointed out to us by the federal officials that there
no longer was such a person. Indeed, that's why we went on to say "or
the alternative person who has the responsibilities."
Sections 3 to 8 inclusive approved.
On the schedule.
HON. MR. WILLIAMS:
Mr. Chairman, I'd like it to be clear for the record. Scheduled to this
bill is the agreement and all of the schedules except
schedule C. It
had been made clear in
section 1 of the bill that the
schedule C
referred to are the maps, and they were tabled in this House with the
agreement on the day the bill was introduced. Therefore any person who
wishes to have the opportunity to examine this agreement and all of the
schedules will have to refer not only to the
schedule attached to the
agreement but also to the maps which are now in the custody of the
Clerk of this House.
Schedule approved.
[ Page 2970 ]
Title approved.
HON. MR. WILLIAMS: Mr. Chairman, I move that the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Davidson in the chair.
Bill
22, Fort Nelson Indian Reserve Minerals Revenue Sharing Act, reported
complete without amendment, read a third time and passed.
HON. MR. GARDOM: Committee on Bill 25, Mr. Speaker.
FIRE SERVICES AMENDMENT ACT, 1980
The House in committee on Bill 25; Mr. Strachan in the chair.
section 1.
MR. MACDONALD:
I have one or two simple questions here. My first question to the
Attorney-General is: has the Attorney-General read this bill? My second
question is: why is it left to order-in-council to design an appeal
procedure? As I understand it, for other fire decisions the appeal is
to the fire commissioner and after that the matter can be taken to
court. Why not simply set out that appeal procedure in the act so that
people would have a better idea of how the appeal can take place? I am
surprised that such a thing would be left to order-in-council. A
section saying that the appeal procedure shall be the same as in the
case of the other fire decisions might be far more appropriate than
leaving it to a totally undesignated appeal procedure in the act.
HON. MR. WILLIAMS:
The answer to the first question is yes, I have read the bill. The
answer to the second question is that the National Fire Code, which
would be adopted by order-in-council, does contain provisions for
appeal. We believe that the system we are designing in this province
will be a more effective appeal mechanism and it will be instituted in
the regulations along with the adoption of the National Fire Code as
amended to suit the specific requirements of British Columbia in its
various regions.
MR. LEGGATT: I just wondered if the
Attorney-General would like to follow up his last answer by explaining
to the House what the defects are in the appeal procedure that is laid
out in the national code.
HON. MR. WILLIAMS: I am not
in a position to detail the defects that are in the fire code appeal.
With the institution of the Fire Services Act we have in the fire
commissioner himself a significant change in responsibilities, and we
will want to ensure that that is carried forward in the design of the
system of appeal.
MR. MACDONALD: Does the
Attorney-General envisage an ultimate appeal to the courts under this
section, and will that be spelled out by regulation?
HON. MR. WILLIAMS: Yes.
MR. MACDONALD:
I will just make this point again. That is why I am voting against the
section but not the bill. I think that kind of thing should be spelled
out in the legislation.
Section 1 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. Davidson in the chair.
Bill 25, Fire Services Amendment Act, 1980, reported complete without amendment, read a third time and passed.
HON. MR. GARDOM: Committee on Bill 31, Mr. Speaker.
HOME OWNER GRANT ACT
The House in committee on Bill 31; Mr. Strachan in the chair.
Section 1 approved.
section 2.
MR. BARBER:
I wonder if the Minister of Municipal Affairs could advise us as to
approximately how many persons as provided for in 2(
b) actually receive
the
schedule 2 homeowner grant now. I am referring to handicapped
persons whose income is determined by the Guaranteed Available Income
for Need Act or war vets whose allowance is determined by the War
Veterans Allowance Act of Canada. Could the minister advise roughly how
many persons under each of those two designations receive the
schedule
2 homeowner grant?
HON. MR. VANDER ZALM: No, I don't have the figures. I will attempt to get them.
MR. MITCHELL:
I would like to add an amendment to
section 2. It would be an add to
line (b). Added to
section 2 it would be 1(a), (
b) and then (
c) by
adding a new paragraph. The new clause will read: "is the head of a
family and is disabled from full employment for medical reasons."
MR. CHAIRMAN:
Hon. member, that motion in the hands of a private member is out of
order, because it does involve the expenditure of public funds.
Section 2 approved.
section 3.
[ Page
2971 ]
MR. MITCHELL: Mr. Chairman, are you saying that there is no debate on an amendment of that section?
MR. CHAIRMAN: The amendment has been ruled out of order, hon. member, and the
section has been passed.
MR. MITCHELL: I would like to make the same amendment on a following....
MR. CHAIRMAN:
Hon. member, that amendment has been ruled out of order for reasons
that are before us in our standing orders. A private member cannot add
an impost to the Crown. That is what your amendment does. You can speak
to the section, hon. member, but not to the amendment. The amendment is
out of order.
We are on
section 3. The member for New Westminster.
MR. COCKE:
Mr. Chairman, we are particularly happy to see this and other sections
in the bill — this
section with respect to an apartment building. I
gather that the real impact of this, in terms of the needs of the
people within the apartments.... I would just like to ask the minister
whether this is a condominium or to do with the ownership of the
apartment.
HON. MR. VANDER ZALM: I'm sorry, Mr.
Chairman, could the member pose the question again? I missed it. I was
in conversation about the numbers requested by the first member for
Victoria (Mr. Barber).
MR. COCKE: Mr. Chairman, I
gather the direction of this particular
section is with respect to an
apartment and the apartment dweller. I imagine it means an owner of an
apartment, in terms of a condominium or some other co-op idea.
HON. MR. VANDER ZALM: That's correct, Mr. Chairman.
MR. MITCHELL:
Mr. Chairman, I apologize for bringing an amendment that you tell me is
out of order, but I feel that if we had an enlightened government, when
they drafted this
section of the bill they would have realized there
are a lot of people out there, because of the stress of our modern-day
living and the pressure we live under, who have to take early
retirement because of heart conditions and nervous breakdowns — people
who are heads of families. In many cases they are single-parent
families and younger men in their forties or early fifties who have
budgeted through proper planning to retire at the age of 60 or 65. But
because of the stress of employment and modern-day living, people have
medical breakdowns and have to take early retirement. By taking that
early retirement, they can no longer participate in the workforce. I
feel that they have as much right to this particular
section as a
person who went through a normal life with good health and retired at
age 65 on an old-age or burned-out pension. I sincerely request that
the minister give some consideration to that group of people who,
through no fault of their own, are in that predicament and need the
assistance.
Sections 3 to 11 inclusive approved.
section 12.
MR. BARBER:
I regret that I don't have my own notes from second reading in the
House. I wonder if the minister could advise what, in
section 12 or its
equivalent under the previous legislation, was the penalty for — as it is
put here — "knowingly or recklessly furnishing false information"?
The
proposed penalty is now $2,000, which seems to me to be pretty stiff
and thereby appropriate. I wonder if this is in any significant way a
departure from the previous penalty, and whether or not the knowledge
of that, together with the Attorney-General's very welcome and
tough-minded statement during second reading about persons wrongly
applying for the homeowner grant as 99-year lessees, or at least
purporting to be 99-year lessees, might go some distance to making sure
there is no abuse of this new principle introduced in the bill.
HON. MR. VANDER ZALM:
Mr. Chairman, the previous act read: "...$100 for the first
offence and a fine of not less than $100 and not more than $2,000 for
subsequent offences."
Sections 12 to 24 inclusive approved.
Schedules 1 and 2 approved.
Title approved.
HON. MR. VANDER ZALM: Mr. Chairman, I move that the committee rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Davidson in the chair.
Bill 31, Home Owner Grant Act, reported complete without amendment, read a third time and passed unanimously on a division.
Division ordered to be recorded in the Journals of the House.
HON. MR. GARDOM: Adjourned debate on second reading of Bill 18.
LIQUOR CONTROL AND LICENSING
AMENDMENT ACT, 1980
(continued)
MR. LEVI:
Mr. Speaker, I'm not going to add very much to what I had to say last
Friday. We obviously have some questions that we would like the
minister to deal with in respect to the one area that we have a great
deal of concern about, which is the confidentiality section. In winding
up the debate perhaps he can give us some indication of why this, which
we consider to be a very drastic change in the act, is being made; and
if not, we will be able to get at it in the committee stage.
There
is one other thing that I would appreciate the minister's commenting
on, and that is whether over the weekend he has given any thought to
the idea that when next year they produce the annual report of the
liquor administration branch, they will give some consideration to
expanding that report to give both the members and the public a much
[ Page 2972 ]
better
idea of the operations of the branch, particularly in relation to the
kind of format that exists in the state of Washington annual report,
which, I'm sure, the minister can get hold of, which gives a great of
detail. Also, we will be able to have some better understanding of the
working of, for instance, the listing committee. I think all of this is
very important for the members and the public to understand in the
operation of that very vital revenue-maker for the government.
So with that, Mr. Speaker, I look forward to hearing from the minister.
HON. MR. NIELSEN: Mr.
Speaker, two areas of concern, apparently, in the amendments that have
been brought to the attention of the assembly by members opposite. The
member for Maillardville-Coquitlam raised the point of confidentiality;
and also there is the nature of the report. Mr. Speaker, I think it's
important that we understand that we're dealing with the Liquor Control
and Licensing Amendment Act.
Much of the information which the member was asking for comes under
liquor distribution, and I'm sure he's aware of that. But I would have
no hesitation in recommending to the general manager of the liquor
distribution branch that perhaps more information be provided, and as
detailed information as anyone may ask for, provided that in no way
would it interfere with general business concepts about information
which may be of a confidential nature and would not unwittingly provide
competitors within the field with information that they normally could
not obtain.
The Washington state system is somewhat
different, but I have no concern about making available to the public
through the liquor distribution branch gross figures by company, brand,
label, or whatever else may be available. That's of no significant
concern to me, as to keeping such information unavailable; but that's
under the Liquor Distribution Act.
Mr. Speaker, the
confidentiality aspect of the bill was debated somewhat on Friday. The
intent of the
section is to give employees of the branch some rules to
go by, as I mentioned in opening debate, in dealing with requests for
information. At the present time basically there are no rules. We
believe that with the amendments our files will be more accessible than
they are at present. For some time the tendency in the branch has been
to consider everything in the files to be confidential.
spoke to some of my officials on the weekend, particularly the deputy
general manager. He told me that when he made the suggestions for the
amendments, he did so with the policy, as I just mentioned, that more
information should be made available. But it's interesting, Mr.
Speaker, to recognize that this confidentiality aspect is to be found
in most of the major acts that come under the Ministry of Consumer and
Corporate Affairs. Just to illustrate to the House that such
confidentiality aspects are not unique to this one bill, under the
Motor Dealer Act,
section 18, it says, in part:
"A person employed in the administration of this Act, including
a person making an inquiry, inspection, examination, test or investigation under
section 15, shall maintain secrecy in respect of all matters that come to his
knowledge in the course of his duties, employment, inquiry, inspection, examination,
test or investigation, and shall not communicate information obtained under
this Act to another person not legally entitled to it, except...."
And then the exceptions.
Similarly under the Real Estate Act:
"All
replies and communications to the superintendent or to a member or
officer of the council, with respect to an applicant, for a licence, or
a licence under this Act, are absolutely privileged. No action shall be
brought against any person in respect of them."
In the Residential Tenancy Act it says:
person who is or has been employed under this Act is not
a) in his
official capacity, bound to attend in pursuance of a subpoena, order or
summons issued from a court, whether the subpoena, order or summons was
directed to him personally or in his official capacity as a witness for
examination, or to produce a document kept, filed or registered by him
in his official capacity under this Act."
Under the Securities Act:
"The
superintendent, each member of the commission, and every officer, clerk
or person holding appointments authorized shall keep secret all facts
and information obtained or furnished under this Act, or under the Act
repealed by this Act, except so far as his public is requiring him to
make disclosure of it or to report it, or to take official action on
it."
Similarly under the Trade Practice Act:
"Every
person employed in the administration of this Act, including a person
making an inquiry, inspection, examination, test or investigation,
shall preserve secrecy in respect of all matters that come to his
knowledge and in the course of his duties...."
There
are similar provisions under the Travel Agents Act. So the concept is
certainly not new. The concern within the branch was that there were
virtually no rules for the people employed, and an attempt was made to
offer them guidelines.
Mr. Speaker, the other aspect that
brought about the majority of debate had to do with the appeal
procedure. The member for Vancouver East, in speaking, recognized quite
correctly that the amendment we're dealing with is one of
clarification. The bigger argument, or the bigger question, was put
forth by that member as to whether these appeals should be heard. The
reason this amendment is before us is to make it very clear that
preclearance is part of the licensing process and that the minister who
has the capacity to hear an appeal also has the capacity to hear the
preclearance portion of the licensing process. That came about because
of a challenge — not really a challenge, but an appeal to the
commission. The commission found that they do not have the capacity to
hear the appeal, and this clarifies it in no uncertain language.
Mr.
Speaker, much was made about a specific instance. I might add that the
member for Vancouver East was incorrect in statements he made on Friday
last about appeals. Appeals are permitted under the act for licensing
purposes, to the minister within a prescribed time, and so on. These
are licences for licensed premises. I think the ones that probably have
been heard almost exclusively since the amendments were made deal with
neighbourhood pubs, although there's probably been one or two. The
majority of the appeals are heard by the deputy minister at the present
time, but the minister certainly has that capacity and can delegate
that authority to the deputy. To my knowledge, not one appeal has ever
been heard in the minister's office. All appeals are open to the
public, and I might say that it stimulates a great
[ Page 2973 ]
deal
of activity and interest with the media, who to my knowledge have
attended one such appeal. That was the appeal on the Penthouse, which
had some interest to some people. The appeals are heard, and when
they're heard here in the capital they're heard in the committee rooms,
and the doors are open. They're certainly not heard in the minister's
office.
The specific thing that brought so much attention
has been answered in this House several times by the former minister
and by myself in response to questions in question period or questions
on the order paper. That is the Grammas marine pub.
A couple
of years back an amendment was made to develop a new licence. I think
it's "F" for marine pubs — not a neighbourhood pub, but a marine pub
to serve the marine trade, apparently. This particular one was granted
in quick time by the officials within the ministry who are responsible
for granting such licences. Mr. Munkley was the gentleman specifically
responsible at that time. He is now retired. The area around Gibsons
where consideration was given to neighbourhood pubs, and subsequently
to a marine pub, had been very, very active for such premises. The
person responsible for the application was very persistent with the
officials of the ministry and when an order-in-council was passed
creating a new category of licence, the person responsible made
application for such a licence. It was considered by Mr. Munkley at
that time and was approved. I looked into this because of questions
which have been offered in question period previously and I am
satisfied that the officials responded properly in this particular
circumstance as they respond properly in other circumstances.
am not aware of nor do I have any information which indicates there was
any pressure whatever — I don't care what the second member for
Vancouver East (Mr. Macdonald) may say or pretend to say or consider —
from the minister responsible at that time. As I said, all appeals to
the minister are open to the press and public. This particular Grammas
pub was not an appeal situation. It was an original application, and it
was processed, and free clearance was granted by members of the public
service.
I understand that the Janowskys in question, the
people who are the licence holders, are not from Kamloops but have
lived for a number of years in Gibsons and, I understand, operate the
general store. I am not quite sure if there is something you have to
carry around because your name is Janowsky. Perhaps we should consider
denying people licences because of their name, which I am sure not too
many people would support. There were several comments made by that
member for Vancouver East, who at times reminds you of a dropped
muffler or an old transmission. You put it in gear and it grinds and
makes noise and belches smoke and sparks but nothing moves. It just
remains where it is with lots of action, lots of attention but very
little substance and certainly no movement. This particular application
has been examined time upon time upon time and nothing improper has
been discovered at all.
The member for Vancouver East had
some comments about the conduct of the former minister, now the
Minister of Health. I've read the Blues; I've read correspondence and
I've read answers to questions which have been filed in the House.
There was a comment made that the Minister of Health is a law partner
of another Janowsky. My understanding and my information is that the
Minister of Health is not a law partner. The name is still part of the
partnership name of the firm of lawyers. I really don't have too much
control over that. I've spoken to staff in liquor administration and I
have been advised that at no time when the former minister was Minister
of Consumer and Corporate Affairs did he influence any of their
decisions. I am sure there was no influence attempted or made under
this one but it is a good story to suggest and spread around simply
because a person's name is that of a former partner of a member.
Mr.
Speaker, citizens in our province, no matter what their name may be,
have the opportunity to seek licences from government. They are not
restricted from seeking a licence because of their name or because of
associations past, present and possibly future. We have members of the
Legislative Assembly who have licences from the liquor control branch.
I am not suggesting that any such person used their influence or inside
knowledge of the system or perhaps made use of former acquaintances who
may in some way be associated with the system to obtain such licences.
Any citizen has that opportunity and right to make application for a
licence. If they fulfill the obligations and have the qualifications
necessary, then the public service, which is responsible for issuing
such licences, I would suggest has no choice but to issue such a
licence provided it qualifies, as they must do.
I think it
would be quite inappropriate and very much in error for any of the
senior staff of liquor control or the minister, should he become
involved in an appeal, to deny a licence to a person simply because, as
I said, they were a former member of this House.
The
minister has the capacity and opportunity not to hear an appeal for
certain reasons. As minister responsible for this act and the appeal
process. as a matter of principle I will not hear an appeal if it's
from my own constituency of Richmond. The deputy hears all such
appeals. I would probably not hear an appeal if it were from a personal
acquaintance. The deputy, again, would be required to hear such an
appeal. I think that's pretty normal and I think most people would
respond that way. In no way would I attempt to influence a person
within the administration to grant or deny an appeal, simply because I
may be aware of the principle involved, who otherwise would qualify for
such a licence.
MR. MACDONALD: Strange kind of court of appeal.
HON. MR. NIELSEN:
Mr. Speaker, I was thinking on the weekend that the comments made by
that former Attorney-General and now second member for Vancouver East
about appeals.... I suppose maybe it's a philosophical attitude
each member in the House may have about who you should trust in our
system. If I heard and read him correctly, I think he was suggesting
that when he was responsible for the act. It was determined at that
time that you could trust appointed officials, commissions or tribunals
without any hesitation. I would agree with that concept that, indeed,
the people we appoint as a tribunal, no matter what the act or occasion
may be, are trustworthy people. That's why they're appointed and they
have a difficult role.
I would also suggest that elected
representatives in our system and appointed members of cabinet are also
trustworthy people, and I have no hesitation in recommending to our
government that appeals indeed can be heard by elected representatives.
I have no hesitation in believing in the integrity of our elected
members, and I believe that they can hear appeals, receive information
and make decisions based on the merit of the case.
[ Page 2974 ]
some people in public life are somewhat hesitant about permitting
similar trust in people of their party, I can't be held responsible for
that. I have no hesitation in believing that the elected
representatives who sit on the government side and are appointed to
assume certain responsibilities in cabinet can be trusted to fulfill
their obligations. There may be some political organizations who are
sensitive and nervous about those who make up their party and perhaps
feel that they can't appoint them to a very sensitive position that
requires judgment without prejudice or political consideration. If
there are such organizations or parties, perhaps that is a weakness
identified. I don't believe that to be the problem within this
government and I have no hesitation in believing that an appointed
official, as a cabinet minister and an elected member of this assembly,
can be put in the position to hear such appeals and make wise, fair
judgments.
I know the member said: "Well, it's inevitable
that at some time something will go wrong with such an appeal
procedure." I'm not prepared either to condemn future elected
representatives or those who may be appointed to such positions. I
would rather that time answer that question, and that should violations
occur sometime in the future, they be judged at that time based on the
facts of the matter.
Mr. Speaker, I have interest, but not a
compelling interest, about what happened during the days prior to the
Great War. I know that the name of Gordon Wismer has been used
politically in this province for 25 years as an example of something —
usually as an example of Liberal association. I don't know all the
details, because I haven't got time to spend going back into old news.
I know there were certain examples given over the years about the
difficulties in administering liquor, but I would suggest to you that
the administration of liquor distribution and licensing in the province
of British Columbia is perhaps of the highest calibre in Canada.
One
of the members on the other side of the street suggested that certain
allegations — and, I believe, convictions — were made in Quebec based
on liquor distribution kickbacks, bribes, and so on. It was added that
certain information had been sent to the Attorney-General of British
Columbia, but what was not added at that time is that charges were
never laid in British Columbia. Certainly investigations take place on
a very regular basis across the country when it comes to liquor
distribution and licensing. It is and always has been a very, very
sensitive area, and those responsible must recognize that.
Mr.
Speaker, I would say from my investigation of the liquor licensing and
liquor distribution system in our province that we run a very clean
shop. I think there are many people who have that responsibility and
they should be recognized for conducting a very clean shop in a very
difficult business.
The
other charges which were made about
paying legal counsel for their efforts, I think, require no particular
remark. If the member for Vancouver East was suggesting that lawyers
are overpaid, perhaps he may be more intimately familiar with that than
I, but I don't think any partnership of lawyers in the province is
getting — I was going to say more than they're worth; I could be
checked up on that — more than they deserve; that may be over-generous
as well.
I heartily recommend the amendments which have been
put forward. It will assist the liquor administration branch in
fulfilling their obligations to our society. I know it's an extremely
sensitive area.
Finally, I would like to respond very
briefly to the member for Maillardville-Coquitlam (Mr. Levi) and tell
him that I will very much take his comments into consideration and
speak with the general manager of the liquor distribution branch to see
if we feel it's necessary and desirable to come up with a more detailed
yearly report on the affairs of liquor distribution and so on in B.C. I
have no hesitation in taking that on as a project.
I move second reading, Mr. Speaker.
Motion approved on the following division:
YEAS — 28
Waterland
Nielsen
Chabot
McClelland
Rogers
Smith
Heinrich
Hewitt
Jordan
Vander Zalm
Brummet
Ree
Wolfe
McCarthy
Williams
Gardom
Bennett
Curtis
Phillips
McGeer
Fraser
Mair
Kempf
Davis
Strachan
Segarty
Mussallem
Hyndman
NAYS — 20
Macdonald
Howard
Lea
Dailly
Cocke
Nicolson
Lorimer
Leggatt
Levi
Sanford
Gabelmann
D'Arcy
Lockstead
Barnes
Brown
Barber
Wallace
Hanson
Mitchell
Passarell
Division ordered to be recorded in the Journals of the House.
Bill 18, Liquor Control and Licensing Amendment Act, 1980, read a
second time and referred to a Committee of the Whole House for
consideration at the next sitting of the House after today.
HON. MR. GARDOM: I call second reading of Bill 33, Mr. Speaker.
REVISED STATUTES
CORRECTION ACT, 1980
HON. MR. WILLIAMS:
I move second reading of Bill 33. I'm advised by the House Leader that
in discussion with the opposition — the House Leader and Whip — it is
proposed that the debate on this legislation will take place in
committee.
Motion approved.
MR. COCKE: On
a point of order, I wonder if the Speaker could direct the attendants
or whoever provides us with bills. A number of us don't have Bill 33 in
our book. Some do; some don't.
DEPUTY SPEAKER: Thank you for bringing that to my attention, hon. member.
[ Page
2975 ]
Bill
33, Revised Statutes Correction Act, 1980, referred to a Committee of
the Whole House for consideration at the next sitting of the House
after today.
HON. MR. GARDOM: Under a similar situation, Mr. Speaker, I call second reading of Bill 34.
MISCELLANEOUS STATUTES
AMENDMENT ACT (NO. 1), 1980
HON. MR. WILLIAMS: I move second reading of Bill 34.
Motion approved.
Bill
34, Miscellaneous Statutes Amendment Act (No. 1), 1980, read a second
time and referred to a Committee of the Whole House for consideration
at the next sitting of the House after today.
HON. MR. GARDOM: Adjourned debate on Bill 7.
SPECIAL FUNDS ACT, 1980
(continued)
On the amendment.
HON. MR. McCLELLAND: No.
MR. COCKE:
I am absolutely amazed. The Minister of Energy, Mines and Petroleum
Resources (Hon. Mr. McClelland) stood in his place a few days ago to
speak on the amendment. I would like to remind the House what the
amendment is. The amendment states, to paraphrase....
Look
at the minister. He is weaseling around, as is his wont. He didn't want
to speak on the amendment because he can't speak on the amendment.
DEPUTY SPEAKER: Order, please, hon. member. The term just used by the member is an unparliamentary term.
MR. COCKE: I will withdraw "weaseling" unconditionally and not try
to substitute anything in its place. Let me say this: he is very nervous. He
finds it very difficult to defend the government. I just want to remind you
what the amendment is all about. The amendment says that we have no confidence
in this government to spend $188 million, because of the way they conduct themselves,
because of their behaviour. This bill calls for giving to ministers, asking
for no recording, no accountability whatsoever, $188 million. My suggestion
is this: that we read that amendment very carefully, because the amendment says
that we have no confidence in this government because of its previous practices.
I'm not going to remind the House about the dirty tricks. I'm not going
to remind the House about all the situations that have arisen over the past
few months that have made the people in this province very, very suspicious
that the government is totally out of control. Their being totally out of control
advises us that we should not be in favour of giving them this kind of responsibility,
nor should we allow them to exercise that responsibility. I would hope that
those who are not responsible, the backbenchers — we know the cabinet members
have copped out — will vote solidly with this amendment. It is in keeping with
the needs of the people of this province to admonish this government, tap them
on the wrists, indicate to them that we're not satisfied with the behavior
of this government.
HON. MR. FRASER: Your leader has copped out. Where is he?
MR. COCKE:
The Minister of Transportation and Highways is nervous because of our
leader being in Japan. He might hear some rumours about your phony coal
deal.
Getting back to this bill. It's a hype. We're neither
for nor against it, because the minister will never answer a question.
We ask him how much. Anyway, I'm sure that by the time we're through
you'll all be against it.
Interjection.
MR. COCKE:
Oh, boring. Now the Minister of Industry and Small Business
Development.... I don't think there's anyone in the world who
regards himself as a small businessman. Every businessman is a big
businessman, or at least potentially a big businessman.
Interjection.
MR. COCKE: Come on, you were too.
Interjection.
MR. COCKE: I said what? I don't understand them. They haven't even got Butler in here to hype them up.
any event, Mr. Speaker, that's the reason for the amendment. That's the
reason we expected the Minister of Energy to jump up and do his usual
routine. He didn't do it, and I suggest he didn't do it because he
feared to do it. He couldn't do it; he couldn't bring himself to do it.
MR. HOWARD:
Mr. Speaker, I rise on a point of order pursuant to standing order 41,
which says: "When the question under discussion does not appear on the
order paper or has not been printed and distributed" — that's the
case here; it does not appear on the order paper — "any member may
require it to be read at any time during the debate, but not so as to
interrupt a member while speaking." Pursuant to that I would request
that the question be read.
DEPUTY SPEAKER: The
amendment to the motion on Bill 7 is that the motion be amended by
replacing the words from "that'' to the end of the question with the
words:
"unethical practices have been used to an extraordinary extent
in procuring the return of members to this present Legislative
Assembly: and for this cause this Legislative Assembly cannot be
considered a fair representation of the people. It is therefore unfit
that any system of public expenditure should be imposed by this
Legislative Assembly until all cause of complaint with regard to the
method of electing members of this Legislative Assembly shall be first
redressed.
Shall the amendment pass?
Interjection.
DEPUTY SPEAKER: Hon. member, I left considerable time at the end of reading the amendment, however....
[ Page 2976 ]
MR. NICOLSON: I kept my seat while the point of order was being taken. I don't think it would have been proper for me to rise at that time.
DEPUTY SPEAKER:
The member for Nelson-Creston makes a valid point. It is the
responsibility of the Chair to see that members wishing to speak so do.
MR. NICOLSON:
Well, Mr. Speaker, I think that this amendment is one that should pass;
it really encapsulates the major problem which has been sort of
typifying this new Social Credit or neo-Social Credit administration. I
think that not to recognize that something very wrong went on in the
last election in terms of election practices, which did definitely have
the result of altering the return of certain members — and there is no
doubt that had fully ethical practices been engaged in in the last
election, some of the closer contests would have been different....
must say that had my own election been a little bit closer and had I
lost by a small margin, the margin of victory or defeat would certainly
have been typified by about 20-odd phony and scurrilous letters that
were written in a cowardly fashion, posing as if they were valid and
signed with names that could not be located by the postmaster, nor in a
telephone book, the city directory or on the voters list.
Interjection.
MR. NICOLSON:
The hon. member over there interjects about a police investigation.
Well, let me tell you that for months the city of Nelson police were
not even directed to come and interview anybody in the city of Nelson —
until about a week before that report was submitted to the
Attorney-General. That's how thorough that investigation was; they
didn't even get the orders to do the investigation about it.
So,
as this amendment says, until this matter is redressed, we should not
be appropriating surplus funds in a manner and in a type of a bill
which is so rife with political advantage and political opportunism. To
do so would mean that there would be increasing atrophy of philosophy
and morality in politics — if we do not change direction, if we do not
not only stop bringing in such purely political bills but also stop
doing that at a time when some of the close contests of this House
could well have been tipped by, I think, unparalleled subterfuge, and
in some cases some very obvious, even illegal, acts. So, Mr. Speaker, I
would hope that members of this House would vote in favour of this
amendment.
MRS. DAILLY: I intend to be very brief, because we have spent many weeks
in this House elaborating our concern over the unethical election practices
which have come to light, unfortunately many months after Social Credit became
the government of this province. This is not a facetious amendment. This is
a very responsible amendment, which any responsible opposition would be bound
to place on the order paper, because, Mr. Speaker, we have asked questions throughout
the last three to four months, particularly of the Premier, to whom this motion
alludes specifically, and we have not received any answers to the questions
which we consider might clear up the many concerns of the citizens of British
Columbia that unethical election practices did take place before Social Credit
became the government of this province in the last election.
Mr.
Speaker, the problem is that the reports of these allegations of unfair
election practices have been put in the hands of various investigative
committees of government. To date there have been no reports brought
back to this House or to the people of British Columbia. The Premier
himself admitted that there were so-called phony letters used by Social
Credit Party supporters and members during the last election. He
admitted it and he actually had to set up, or try to arrange to set up,
an ethics committee within the Social Credit Party.
We have
also been made well aware that there was an affidavit placed before the
Attorney-General's ministry, specifically alluding to unethical
election practices, and perhaps political interference in the Eckardt
report. Yet we are still sitting here as opposition members being
completely ignored. We have heard nothing from the Attorney-General's
ministry, nothing from the Premier, to give us any sense that these
serious matters have been cleared up. That is why we have a
responsibility to place this motion on the floor. Because, Mr. Speaker,
if there's a cloud over this province put there by unethical practices
by someone, whether in high office in this province or whatever office,
and it has not been cleared up, a grave disservice is being done to all
the citizens of British Columbia who go to the polls and wish to
express their vote. Hopefully, they express their vote for the person
or the party that they believe should be elected.
But when
there is a suggestion that there have actually been "dirty tricks"
involved to bring about the election of a government in an unethical
manner, Mr. Speaker, the people of British Columbia are the losers, and
so is democracy. That is why we have put this motion before this House.
AN HON. MEMBER: Sore losers!
MRS. DAILLY:
I know that someone across the floor has said "sore losers." Mr.
Speaker, we got 48 percent of the vote. We have the largest number of
NDP members this House has ever elected. We are far from sore losers.
The problem is, I want to repeat, that the citizens of British Columbia
are the losers. If any government of this province can sit back and
allow even allegations of "dirty tricks" to take place in any election
in this province, and still not present to the people of this province
and the opposition and their own members the investigation
results.... We are still waiting. The people of British Columbia
are waiting, and that's why this motion is on the floor.
HON. MR. CHABOT:
I'm rather amazed to see this amendment from the opposition, and the
attitude which they've taken this afternoon as well. It is an attitude
of holier than thou, as if they're a great, clean party and everything
is above-board with the New Democratic Party. I want to remind the
members of the opposition that not too long ago their arm in Nanaimo,
the Nanaimo Friendship Society, made a contribution of $84,000 to one
Bob Williams to buy him off so that a seat could be sought for one Dave
Barrett. I think they have a responsibility to answer some questions.
That Nanaimo Friendship Society is now a great developer of
multimillion dollar high-rises in the community of Nanaimo.
I'm
wondering, Mr. Speaker, what the source of that $84,000 was, whether
that money has been filtered, laundered, through the government into
the Nanaimo Friendship
[ Page
2977 ]
Society to buy off one Bob Williams, because Bob Williams was hired
as a researcher in the NDP caucus shortly after the arrangement was
made. Were those funds that were paid to Bob Williams paid from the
government on into the Nanaimo Friendship Society or not? I mean, there
are a lot of questions that remain unanswered about that unholy group
over there that made an $84,000 arrangement to get Dave Barrett back
into the Legislature. I don't think they've answered these questions.
These possible rumours about the kind of arrangements and who paid for
that $84,000 seat, which is presently being occupied by the Leader of
the Opposition, are permeating the province. No, Mr. Speaker, those are
questions in the minds of the people of this province. I think they
have a right to know who actually paid for that seat which is being
held by the Leader of the Opposition. Was it the taxpayers' money that
paid that $84,000 for Dave Barrett to occupy his seat in the
Legislature? Mr. Speaker, there are a lot of unanswered questions.
want to suggest to you that after the failure of those people to
respond to very serious charges that have been made against them, this
motion is a very frivolous motion put forward by a very frivolous party.
HON. MR. MAIR: I, too, rise to oppose this amendment. It occurred to me as I heard the
members opposite talking that in order to make their case they must be
able to provide a squeaky-clean alternative, and until I can hear the
answers to one or two questions, I can't make that determination as to
whether or not they can provide that alternative. I'm wondering if one
of the members opposite, while this debate goes on, can tell the House
one or two things about their own election practices so we can make
that decision. I'd rather like to know whether or not the member for
Alberni (Mr. Skelly) made his constituency office available to his
brother during the last federal election and whether or not any
provincial funds that go to a constituency office and secretary were
thus diverted into a federal campaign.
I'd also like to know....
Interjections.
HON. MR. MAIR:
All right, or for the NDP candidate in the area; perhaps it wasn't his
brother. I change it to whoever ran in his area. I'd like to ask the
same question of the members for Victoria. Did Mr. Blencoe have the use
of your offices, your telephone or your constituency secretaries during
the last federal election? I'd like to ask the same questions of the
member for Shuswap-Revelstoke (Mr. King). Did a Mr. Riis, now the NDP
MP for that area, have the use of any B.C. publicly financed offices in
Salmon Arm? And I'd like to know whether or not any letters were
written in the constituency of Omineca, for example, by people
purporting to be Socreds and actually being NDP. I'd like to ask about
some letters and I will bring this up a little later. Perhaps my
colleague from Omineca (Mr. Kempf) will bring up that concerning
letters from one Unruh in the last election, who doesn't exist and who
is, in fact, an NDP supporter writing under somebody else's name.
Actually, Unruh does exist, but he didn't write the letters.
I think before we make this judgment that any government is
disqualified from spending the public's money by reason of some
election practices, perhaps we ought to hear from the members of the
opposition as to their squeaky-cleanness.
AN HON. MEMBER: What about Skeena's representative?
HON. MR. MAIR: Oh, the member for Skeena (Mr. Howard) couldn't possibly
answer the simplest question, Mr. Member. We know that. If you did ask him a
question, he'd threaten to beat you up. You don't want to get involved
with a heavyweight champion from Ottawa, do you? He's the one, of course,
that doesn't want to pair. Do you know why he doesn't want to pair,
Mr. Member? Because we should all be here voting. Have you taken a look at the
voting record of their party during the last couple of months? It's absolutely
unbelievable. You know, at one time they only had nine people here. Would you
believe that? You know where the others were. They were all up in Penticton,
probably drinking beer, playing golf and all that sort of thing.
Mr.
Speaker, in closing my few remarks on this debate, I hope that the
opposition will enlighten us as to their squeaky-clean tactics in
elections so that we can make an appropriate judgment on this amendment.
MR. HANSON:
Mr. Speaker, the Minister of Health has made a very serious allegation
in saying that the federal NDP candidate in Victoria had the use of our
constituency office here in Victoria. This is untrue. If he has a
charge to make I would invite him to make that charge in the hall.
There was a federal constituency....
HON. MR. MAIR: Like Macdonald does.
MR. HANSON:
If you could defend me from the interruptions of the other
member.... He had his place and I sat quietly and listened to what
he had to say.
For our federal campaign we had a campaign
office at Bay and Douglas and that was separate. It was made clear to
our staff that it was a separate federal campaign and any work that
they worked on for the campaign was on their own time in the evenings.
That was clear from the start. That was the case. If he has a charge to
make, I invite him to make it in the hall.
HON. MR. MAIR: When Macdonald makes his charges in the halls, I will too.
MR. HANSON: You make your charge in the hall.
MR. MUSSALLEM:
Mr. Speaker, some very serious charges have been made. I am at a loss
to understand why the question of the money that was allegedly paid to
a certain Bob Williams for his seat so that the Leader of the
Opposition could be elected.... This has been mentioned in this
House several times, and yet we've heard not one word from the
opposition, just dead silence. If they have anything to admit or say,
let's hear it. We're not going to be hard on them. We want to know what
happened. We would like to know about the Nanaimo Friendship Society.
We would like to know where the money comes from. I think we're
entitled to know those things. They played fast and loose with charges
against us, and we answered them on the floor of this House, but we hear
not one single word from them.
I think I agree with the hon.
Minister of Lands, Parks and Housing (Hon. Mr. Chabot) and the Minister
of Health (Hon. Mr. Mair) when they make some very pointed, grave
sugges-
[ Page 2978 ]
tions
of impropriety. I do not think that their mistakes justified our
mistakes, if any, but when we ask these questions they should be
answered, and they have not been answered. The question of Williams has
been brought up on the floor of this House at least four times, to my
knowledge, and has been met with deliberate and stony silence. I think
we should know where this eighty-odd thousand dollars came from. We
should know why he was paid as a researcher in this House — I saw him
in his office myself — and what he was doing with that money and
whether he received money and from where, because it was public money.
These things have never been answered satisfactorily. There's been
broad-brush treatment but not one word from the floor of this House.
What are they hiding?
I oppose vigorously the amendment to
the motion. I've never heard anything so absolutely broad-brush useless
as this ridiculous motion. "Unethical practices have been used to an
extraordinary extent. " I have never heard in this House anything more
childish, more broad-brush, more ineffective without saying anything.
If they want to make a suggestion about an unethical practice, why not
say what it is? They come back to this silly, stupid thing of the
letters. I don't even want to mention it or come back to it, but here
is a party that have stamped themselves here as a totally negative,
backward party without a single constructive idea in this session. To
come up with an amendment like this disgusts even the member for
Dewdney, who is used to these kinds of things. I certainly could not
appreciate how they could make a statement of this kind: "Unethical
practices have been used." Extraordinary. What are they? There are none.
But
here is the tantalizing part. They are opposed to the method of
electing members to this Legislative Assembly. What is their method? Is
the socialist method different than ours? Does it call for another way
of election? Should it be imposed? "It is therefore unfit that any
system of public expenditure should be imposed by this Legislative
Assembly until all cause of complaint with regard to the method of
electing members...." They are suggesting a change in the method,
a change in the democratic system. That is what they are suggesting.
AN HON. MEMBER: We just want you to change the law.
MR. MUSSALLEM:
Oh, yes. You brush off Bob Williams the same way. You brush off the
Nanaimo Society the same way. You brush off all the millions of dollars
of expenditure in buildings that party has. We have nothing on our side
to hide. We have no buildings bought with public money. Where else did
it come from? Don't tell me it came from $10-a-year memberships in the
society. It came from somewhere, and we're asking you from where. We
don't like to bring these things up. If you have the money properly,
spend it, but certainly you should tell. We tell about ours — every
cent. Always we are met with dead and stony silence.
I think
an amendment of this kind brings forward the question. I want to know
about Williams. I want to know about the Nanaimo Friendship Society. I
want to know about those things. We have nothing to hide. We've said it
all; we've laid it all bare. Tell us about yourselves. I brought it up
at least three, maybe four times in this House, and not a single word
was there in reply. Where did the $84,000 come from? Who got it? Who
paid it? How did you pay the researcher? I would like you to detail it
on that table and tell us, because I am completely dissatisfied. I
think there has been a misappropriation of public funds.
MR. LEA:
As they say, the best line of defence is offence, but it seems to me we
have an offensive here that has absolutely no proof. It is wild
charges. The member for Kamloops (Hon. Mr. Mair) gets up and says the
NDP used some money that they got through government services for
political purposes, and sits down and expects it to end there.
HON. MR. MAIR: Answer the question.
MR. LEA:
Okay, if it's question-asking time I have a few questions I'd like to
ask. I'd like to ask why the member for Kamloops bribed four people in
his riding to vote for him.
DEPUTY SPEAKER: Order, hon. member.
MR. LEA: I have no proof. I'm just asking the question. What kind of dastardly...?
DEPUTY SPEAKER: I must ask the member to refrain from that type of language.
MR. LEA: Are there two rules, Mr. Speaker?
DEPUTY SPEAKER:
Hon. member, the member has indicated through his question that another
hon. member has directly bribed. As the member is fully aware, that is
not acceptable in parliamentary....
MR. LEA: I
know it isn't, Mr. Speaker; I'm just trying to show the ridiculousness.
I withdraw it absolutely, but I wish the member for Kamloops would do
the same thing and withdraw the unproved accusations that he's making.
If he has some proof, then let him bring a motion into this House —
make his charges in this House, as he should.
HON. MR. MAIR:
I think that the distinction is rather clear, and the member for Prince
Rupert ought to understand it. If he were to ask me whether I had done
something, that would be one thing. To ask me why I had done it would
be to imply that in fact I had done it. I have not asked anybody on the
other side of the House why they did anything; I asked them if they had
done it. There's quite a distinction.
MR. LEA: Now that we know the distinctions, I'd like to ask the member for Kamloops if he's still beating his wife.
HON. MR. MAIR: No.
MR. LEA: He's not doing that anymore. You did it before, but not now?
HON. MR. MAIR: No.
MR. LEA:
Okay. That's the craziness we're getting into in this House. If that's
the craziness we're getting into, then the whole House is going to
break down into disorder. The member for Kamloops cannot stand up in
this House and ask stupid, silly questions, and then get up on his feet
and say: "Oh, I have no proof. I'm not accusing anybody of anything.
All I'm doing is asking the question 'if'."
[ Page 2979 ]
HON. MR. MAIR: We'll see who's got the proof. Deny it.
MR. LEA:
You bring the proof, if you've got it. If you had it you'd have had it
in here a long time ago. But I'll tell you what proof we have, Mr.
Speaker. We've got proof that the Social Credit forged letters. We've
got the proof that campaign funds that never went through the Social
Credit Party have gone into the Premier's office. Why don't you answer
the questions on that? We've got proof that there was a redistribution
of the electoral boundaries, and we've got proof that "Gracie's
finger" is a reality. We're not making wild charges. We're asking this
government to come clean, and they don't dare come clean, because
they're filthy when it comes to electoral practices in this province,
and they know it. So instead of answering the charges in this
amendment....
DEPUTY SPEAKER: Order, please. Hon.
members, I must note with some regret that the language of the day —
particularly today — is straying far from the parliamentary guidelines
that we all try to use in this chamber. I would ask the member if he
would withdraw the word "filthy," which is certainly an
unparliamentary term. Remember that we have all taken upon ourselves
the responsibility of maintaining certain guidelines in our behaviour
in this chamber, and one of them is our parliamentary language. I would
ask all members to abide by those long-standing traditions.
MR. LEA:
Mr. Speaker, I'm not accusing anyone over there of being filthy. I'm
saying the practices carried out by the Social Credit Party in the last
election were filthy practices. That's not unparliamentary. There were
filthy practices by that political party that sits as government. They
are afraid to come clean and answer the questions that have been put to
them during the Premier's estimates and by this recent amendment.
They're afraid to come clean because they've got too much to hide, so
what do they start doing? Making wild unproved questions.
HON. MR. MAIR: Answer the question.
MR. LEA:
The minister says: "Answer the question." I'll tell you. We'll be glad
to answer any question that the minister has when these questions in
this amendment are answered. That's when we'll answer questions.
Interjections.
MR. LEA:
Oh, not prove themselves, eh? Is it not a fact, Mr. Speaker, if we're
down to questions, that out of the Social Credit caucus went letters
that were forged? That's a fact! Is it not a fact that money collected
by Adam in Vancouver and Taylor in Toronto found its way into the
Premier's office?
AN HON. MEMBER: No.
MR. LEA:
Oh, not a fact? Then if it's not a fact, how come the bills to be paid
out of those slush funds were sent to the Premier's office and
processed in the Premier's office? Why is that not a fact?
I'm going to ask the questions. If it's true, then why don't you get up
and say it's true? And if it's not, why don't you get up and prove that
it's a mistaken charge?
The fact of the matter is that the
Eckardt commission report was changed after it was submitted. That's a
fact. Yet, not taking that into consideration, this government — this
political party opposite — went to the polls with what has to seem an
unseemly report, one where there's question about its authenticity in
terms of political morality. Yet did it stop them from calling an
election and going to the electors on an electoral report that has
behind it all sorts of hidden charges and innuendos? No, it didn't stop
them a bit. They still went. And take a look at what's called Gracie's
finger on that political report that they called an electoral report.
MR. BRUMMET: Is that a fact or an allegation?
MR. LEA: Oh,
is it a fact! It's a fact. All you have to do is take a look at
Gracie's finger on the map, take a look at the number of votes that
went to the Social Credit, and then try to come up with some
reasonable, plausible excuse why Gracie's finger was there in the first
place. Not one person on that side of the House has stood up and given
any rational reason why Gracie's finger exists on that electoral map.
Not one! Oh, but there is a reason. All you have to do is to take a
look at the polls within Gracie's finger and you'll see that they went
overwhelmingly Social Credit, and they figured they might need those
few extra votes to win Little Mountain. So there's the reason
for Gracie's finger. There's the reason — pure filthy politics. For a
government and a political party to stand up in this House and talk
about dirty tricks on this side of the House is almost laughable if it
wasn't so sick. Campaign slush funds that have gone into the Premier's
office with no recourse even to their own political party were being
processed by a civil servant within that minister's office. And they've
got the nerve to stand up and say: "We're going to ask some questions
on our own. We're going to ask some questions about the NDP." I invite
you to come to an NDP council meeting. We do our business right out in
the open.
Even in your own party, the president of your
party, Mr. Keen, didn't even know that the slush funds were going from
Taylor and Adam into the Premier's office, nor what they were being
spent for. What about the thousand dollar bills that Dan Campbell was
passing out during the election itself? Should we ask the question or
is it true? Okay, the question is: did Dan Campbell illegally pass out
thousand dollar bills during the campaign? The answer is yes. Where did
the thousand dollar bills come from? The campaign thousand dollar bills
probably came from the Adam and Taylor slush funds that went directly
into the Premier's office. What was their answer when we start asking
questions about those thousand dollar bills after they'd appointed Mr.
Campbell to his new post in Ottawa? Apparently Mr. Campbell was
perfectly satisfactory to them over there until the thousand dollar
bills came up. Then all of a sudden, mysteriously, Mr. Campbell's
appointment to Ottawa was cancelled — for what reason if not the
thousand dollar bills? What is it that Mr. Campbell did that the
government found so offensive that they cancelled his appointment to
Ottawa if it were not the thousand dollar bills?
AN HON. MEMBER: He got caught.
MR. LEA:
He got caught. They got caught writing and sending out forged letters.
They got caught. They spent campaign funds illegally during the
campaign and they got
[ Page 2980 ]
caught.
They changed the electoral boundary lines and they put in Gracie's
finger. They changed it at the last minute and they got caught. What do
you do when you get caught with your fingers in the cookie jar? As I
said at the beginning, the best thing to do when you're under the gun
is to come out with your own offence. The best defence is offence, and
that's what the government plans to try to do on this amendment, but it
won't work. It won't work because everywhere you go in this province
questions are asked. Who forged the letters? Why won't the government
come clean? Where did Campbell get the thousand dollar bills? Why did
Eckardt change the report?
AN HON. MEMBER: Old stuff.
MR. LEA:
Old stuff, eh? It may be old stuff but we want some new answers to the
old stuff. We sat here for 16 days and the Premier didn't answer one of
them. The nerve of that government and that political party to sit over
there on the floor of this House with all these unanswered questions;
and then to think that they can get away from it by raising some
unproved questions of their own is absolutely ridiculous. As a matter
of fact, the member for Kamloops (Hon. Mr. Mair) made the charge in his
letter, or to his constituency. It's in print from the member for
Kamloops, and the day may come when he's going to have put his money
where his pen is and where his mouth is.
HON. MR. MAIR: Sue me then.
MR. LEA: Sue you! It will be more than sue you; it might mean the loss of your seat. That's what it may mean.
Since day one of this government we've had nothing but sleaze and corruption around politics in this province.
DEPUTY SPEAKER:
Order, please. Hon. member, I must again bring to the member's
attention — hopefully for the last time — that there are certain terms
he must guard himself against when he is speaking in this chamber.
There are certain terms that are parliamentary and acceptable and
certain terms which are not parliamentary and are unacceptable. The
last remark by the member certainly falls into the latter category. I
would caution the member once more.
MR. LEA: When a
government and a political party gets campaign funds from out of this
province and they come directly in to the Premier's office, when they
spend thousand dollar bills that are illegal during an election
campaign, when they change electoral boundaries — if you can't call
that sleaze and corruption then there is no such thing as democracy in
this province. It is sleaze; it is corruption of the worst order. It's
political corruption.
DEPUTY SPEAKER: Order, please! The Minister of Finance.
HON. MR. CURTIS:
On a point of order, Mr. Speaker, in the heat of debate members do use
phrases which I think other members find offensive. This member is
noted for that, regrettably. I would ask him to withdraw the phrase
"sleaze and corruption from day one," which I have already spoken
about. I find it personally offensive and I think the member would too
if the situation were reversed.
DEPUTY SPEAKER: Thank you, hon. member. Again to the member for....
Interjections.
DEPUTY SPEAKER: Order, please!
MR. LEA: If you sleep with dogs, you get fleas.
DEPUTY SPEAKER: Order, please!
MR. LEA: If there is sleaze and corruption on that side of the House and you don't like it, then get out of the party.
[Deputy Speaker rose.]
Interjections.
DEPUTY SPEAKER: Order, please!
Interjections.
DEPUTY SPEAKER:
Order, please. Hon. members, when the Chair rises, it is incumbent upon
each and every member of this chamber to remain absolutely silent. I
have cautioned members on this matter before; I have cautioned the
member for Prince Rupert (Mr. Lea) on this matter before. The member
for Prince Rupert failed on this occasion, clearly, to adhere to the
rule of Chair when the Chair was standing. I now ask that member in his
disorderly conduct to leave the chamber immediately.
[Deputy Speaker resumed his seat.]
DEPUTY SPEAKER: We are currently on the amendment before us.
MR. MACDONALD:
Mr. Speaker, the amendment calls up things that are not very pleasant
in the history of British Columbia, and I only want to say two things.
The first is that when the Premier's estimates were up and he was asked
frankly about these matters, he chose not to reply. He had a duty to
reply, not just to the opposition but to all the people of the
province. I think, Mr. Speaker, that we cannot fail to find an
admission of guilt in his failure to reply with respect to those very
important questions of public morality that were asked at that time.
The
second point I want to make, Mr. Speaker, is this. It's a long time
ago, but I recall at the beginning of this session that the Legislature
as a whole voted to set up a fair elections practices committee — I may
not have the words exactly right as to what the intent of the
resolution was, but I think it's very close to that. Yet there is not a
member sitting in this House, a member in the gallery or a person in
the province of British Columbia who believes for one minute that the
Social Credit Party and government led by Premier Bill Bennett will
allow that committee to sit. The minister doesn't believe it for a
minute, does he? So I say there again, in the failure to set up the
committee which they themselves endorsed as a public relations measure,
there is an admission of guilt.
HON. MR. HEWITT: Mr. Speaker, I just want to make a few comments on the amendment, because the opposition
[ Page 2981 ]
and
the member for Prince Rupert have, I think, caused quite a bit of a
stir this afternoon. He mentioned that the best defence is an offence.
First of all I find some of the comments he made regrettable. We've
dealt with and heard of the dirty tricks, I guess, and we've heard
about thousand dollar bills, etc., on numerous occasions. We went
through some 16 days of debate on the Premier's estimates.
Mr.
Speaker, there are two things that I would like to point out very
calmly and very rationally, if I can. What I consider to be political
dirty tricks were made during the election campaign by the opposition
party and by the Leader of the Opposition on a number of occasions. I
spoke about them before.
One deals with the natural gas
prices. The former Premier, the Leader of the Opposition, went around
this province during the election campaign and basically said to the
entire public that British Columbia wasn't getting the price it should
for its natural gas. He made statements — and they're reported in the
press — that we should have gotten at that particular time $3.20 U.S.
per 1,000 cubic feet as opposed to $2.65 per 1,000 cubic feet, knowing
full well that it's the National Energy Board that sets those prices.
That didn't deter him. That really upset me, Mr. Speaker, and made me,
I guess, try a little harder, even in my own riding, because I felt
that the comments he was making were a dirty trick to the utmost.
What
he said to all the people in my riding and across the province was that
the taxpayers of British Columbia were losing millions of dollars, that
hospitals couldn't be built and that social programs couldn't be
achieved because British Columbia and this government in British
Columbia were not getting the same price as Mexico was for their
natural gas. All the time he knew full well that the Mexican government
wasn't getting $3.20 per 1,000 cubic feet for natural gas. He knew it.
But you can pick up any paper published during that election campaign
and you can read his statements. If any member wishes them I can get a
copy and give it to you so you can read what he said in print. It
wasn't so much that he said it. It was the way he used it to mislead
the people of this province to believe what he said. "Elect me, Dave
Barrett" — I will use his name because he was a candidate at the time —
"and I will assure you that we will get these revenues and we will
provide all these social benefits and all the assistance," knowing
full well that he couldn't achieve it at that time. I call that a dirty
trick. It is unfortunate, I guess, that sometimes we get involved in a
heated debate and bring up things about letters and the use of thousand
dollar bills rather than cheques and receipts, etc. That was a dirty
trick. As far as I'm concerned it was perpetrated on the people of the
province of British Columbia.
The other dirty trick deals
with the uranium fiasco where the Leader of the Opposition and his
party members went around this province and took their firm stand on
uranium mining and exploration in this province, even though they knew
we had a commission set up, an inquiry to investigate uranium
exploration and mining in this province. Never once did he say that in
1974, I believe it was, under that administration, the first
exploration permit was issued to a company to explore for uranium in
the vicinity of Kelowna. Never once did he mention that.
Those
are the types of things I call dirty tricks. I hope the people of this
province will recognize that some of the statements that are made which
really are supposed to give an indication of party policy and party
determination as to where they are going.... The Leader of the
Opposition, on the campaign trail, made some of those statements and I
guess some of his fellow candidates at that time made those statements,
but that dirty trick was perpetrated as party policy on the public of
British Columbia. That is one of the reasons why I want to, for the
record, after the member for Prince Rupert's comments, indicate what I
think are really truly dirty tricks to the people of this province.
Amendment negatived on the following division:
YEAS — 16
Macdonald
Howard
Lauk
Dailly
Cocke
Nicolson
Leggatt
Levi
Sanford
D'Arcy
Lockstead
Barber
Wallace
Hanson
Mitchell
Passarell
NAYS — 27
Waterland
Nielsen
Chabot
McClelland
Rogers
Heinrich
Hewitt
Vander Zalm
Jordan
Brummet
Ree
Wolfe
McCarthy
Williams
Gardom
Bennett
Curtis
Phillips
McGeer
Fraser
Mair
Kempf
Davis
Strachan
Segarty
Mussallem
Hyndman
Division ordered to be recorded in the Journals of the House.
HON. MR. CURTIS:
Mr. Speaker, my remarks will be very brief. I dealt with this matter at
length when Bill 7 was introduced many, many weeks ago. The debate has
strayed occasionally from a number of the items that are provided for
in here. I think we can deal with the specifics in committee.
draft form I liked the bill. When it was presented to the Legislature I
still liked the bill. Even today, after some acrimony, I like this
bill. I urge that it be supported. It reaches funds into all parts of
British Columbia for a variety of projects which help British Columbia
build for the 1980s and beyond.
I now move second reading.
Motion approved on the following division:
YEAS — 28
Waterland
Nielsen
Chabot
McClelland
Rogers
Smith
Heinrich
Hewitt
Jordan
Vander Zalm
Brummet
Ree
Wolfe
McCarthy
Williams
Gardom
Bennett
Curtis
Phillips
McGeer
Fraser
Mair
Kempf
Davis
Strachan
Segarty
Mussallem
Hyndman
[ Page 2982 ]
NAYS- 17
Macdonald
Howard
Lauk
Dailly
Cocke
Nicolson
Leggatt
Levi
Sanford
Gabelmann
D'Arcy
Lockstead
Barber
Wallace
Hanson
Mitchell
Passarell
Division ordered to be recorded in the Journals of the House.
Bill
7, Special Funds Act, 1980, read a second time and referred to a
Committee of the Whole House for consideration at the next sitting of
the House after today.
HON. MR. GARDOM: I call second reading of Bill 9, Mr. Speaker.
CROWN CORPORATIONS BORROWING
AUTHORITY INCREASE ACT
(continued)
MRS. WALLACE:
It is some time since we last discussed this bill in the Legislature,
and I think that we should perhaps review the context of the bill,
inasmuch as we are again being faced with a request to support
borrowing in some rather sizeable amounts, this time for three Crown
corporations. The first point I would like to make is that this
government that seems to pride itself on what it says is a debt-free
administration still sees fit to come before the Legislature every year
with a borrowing bill which every year becomes larger and larger. I
would like to point out that in Public Accounts , in the
auditor-general's report, even in the report of B.C. Hydro, there is a
statement — and it is the same statement in every one of those
documents — that reads: "Guarantee by the province of British Columbia:
the government of the province of British Columbia has unconditionally
guaranteed the principal, and the premium if any, and the interest on
the bonds and debentures and parity bonds." What I am saying is that
while the government professes to be debt-free, they are far from
debt-free, and every one of these amounts of money that the Legislature
has been asked to deal with is really a direct debt to the province.
course, those of us on this side of the House during the last few years
have taken exception to the continuing increases in this bill and
similar bills allocated to B.C. Hydro. It has been our contention that
B.C. Hydro has been progressing in a direction that could leave much to
be desired, that it is perhaps not in the best interests of the
residents of British Columbia to continue voting vast sums of money to
B.C. Hydro to continue on their program of large-capital power
developments and high-cost transmission lines. The cost of transmission
is one of the major factors in these concentrated Hydro projects. When
we're obliged to blindly okay the billions of dollars we are talking
about for B.C. Hydro, I certainly have some concerns as to how that
money is being expended — not only the purpose for which it's being
used, but also whether or not it is being used with good
economic judgment.
I think that's a concern that was shared
unanimously by the members of the Crown corporations reporting
committee in the reports which have come to the attention of this
Legislature. Page after page and time after time they refer to inept
methods by Hydro, without the proper backup. In one instance, talking
about the Columbia, they say that no bids were received on contract No.
CA-1 because the basis of the specifications was considered
impractical by all those submitting bids. Hydro didn't do anything
about changing that. They just simply went about financing it in
another way, even though all the qualified contractors who might have
bid decided that it was not a practical way to proceed.
Speaking
about the Mica powerhouse, the same report goes on and says
that "since the original estimate was based on a very preliminary
design bearing very little resemblance to the power plant, no
comparison of individual items is meaningful." This is a quote from
B.C. Hydro officials. The report of that standing committee goes on to
say: "These statements are disturbing. Doing major-scale business on
an ad hoc basis is financially perilous." Yet we are being asked to
support a bill that's going to give millions and millions more dollars
to this same corporation.
The report goes on. It talks
about, in this same instance, the three-phase dam project on the
Columbia River. In response to the committee they said: "In 1964
formal sensitivity analysis of Hydro project sites was not required and
consideration of environmental subjects was limited to the mitigation
of specific features raised at the water licence hearing."
Going
on with the report, when Hydro was asked if comprehensive analysis had
been made of what the cost of delaying the completion of the Arrow Lake
Dam by one year would have been, their initial answer was $17 million
to $20 million, and then later they came up with $22.4 million. Even at
that the committee was concerned that the analysis was incomplete
because they did not estimate the savings that might have accrued had
they gone ahead earlier.
The report goes on with those kinds
of statements, and yet we find that this committee, which was
supposedly going to be reviewing all these problems and doing something
about them.... I'm not on that committee, but from what I hear in
this Legislature and what the members of the committee tell me, that
committee is not meeting; it's not doing its job of following up on
these recommendations that were brought down.
The report was
unanimous in its endorsation that some action should be taken. At the
end of the recommendations and conclusions, the report read:
"If there is one point on which the committee is not only
unanimous but adamant, it is that construction projects now being undertaken
by Hydro — projects which during the course of the next five years or less will,
in effect, double the size of the Authority — must be carried out in a very
different manner than that which the committee observed during the inquiry."
To the best of my knowledge, Mr. Speaker, that kind of change has not taken place.
was certainly very interested in a little local problem that relates to
this whole business of how Hydro operates. This was the case of some
poor driver who fell asleep at the wheel, went off the road, and hit a
Hydro pole. Of course, he was responsible for the repair of that pole.
To repair that one pole, he was billed with a statement of $734.07. So
he queried the amount. I have a breakdown here of the charges. It gives
the straight-time hours for each person who worked, the length of time
and the rate.... Well, it didn't give the rate — I had to find that
out. It talks about, for example, one sub-foreman lineman: three and a
half hours — $85.51. Now
[ Page 2983 ]
was familiar enough with Hydro rates of pay to know that there was
something wrong with that. No lineman gets $85.51 for three and a half
hours' work. So I made some inquiries. What I found was that Hydro's
practice is to add something like 88.5 percent onto their bills to
cover administration and fringe benefits. That's for capital work. For
That's 81.25 percent to cover administration and fringe benefits. For
overtime it's only 28 percent because, I guess, management isn't
working overtime. When I suggested that that seemed pretty high, do you
know what the response was? "Well, this chap didn't have any
insurance. But when these people are insured with ICBC, ICBC doesn't
object — they think that rate's okay." So here we have two Crown
corporations who are apparently wedded to the idea that it's perfectly
all right to charge in excess of 80 percent for administration and
fringe benefits.
I suggest to you, Mr. Speaker, that that
paints a very poor picture of the efficiency of Hydro's operations. Any
organization that manages to spend 88 percent of every dollar it takes
in on management fees is certainly not doing the job it should be
doing. That's far too heavy a percentage of our dollars going into the
management structure of B.C. Hydro.
A previous member on
this side of the House — I believe it was the member for Alberni (Mr.
Skelly) — talked about the executive dining room and the cost of that
dining room. I can remember, from the days when I worked at Hydro, the
salary scales for management, which were established on the basis of
how many employees they had working for them. The more employees, the
higher the pay — not only the higher the pay, but the thicker the rug,
the bigger the desk, and the more windows. If you had a really good
number of employees reporting to you you merited a corner office with
two or three windows. That kind of status symbol is paid for by the
people who consume electricity from a Crown corporation in this
province. Those are living examples of the kind of things that are
happening that cause us to have to pay in excess of 80 percent for
management and fringe benefits on any particular operation that's
undertaken by Hydro. I'm appalled at that. There is just no way that I
can support a bill to increase the borrowing power of an organization
that takes that kind of dollars just for its management function.
I'm
concerned about Hydro specifically, but I'm also concerned about the
B.C. Railway. I think it worthwhile to quote the auditor-general on the
B.C. Railway, where there was a very strong plea made that the B.C.
Railway was simply not in a position to handle its debt load. On page
18 of the report,
section 5.25, the auditor-general says.... Again
it's a reiteration of the fact that the province is responsible for the
debts of its Crown corporation. It talks about the total debt load and
it says that in fact there wasn't enough capital coming in to finance
even the existing debt load. They were something like $10.3 million
short of funds to finance their existing debt load, so they're having
to borrow to pay their interest.
Yet we find ourselves
increasing that debt load in this bill. Certainly that was not the
recommendation of the auditor-general. The auditor-general indicated
that where a guarantor of a loan has a corporation such as the B.C.
Railway unable to cope with its debt, then it's the responsibility of
the guarantor of that loan to ensure that steps are taken to relieve
that debt burden from that particular body. That's what the
auditor-general suggested. She said: "A guarantor of debt is
obligated to honour the terms of guarantee if the debtor is unable to
repay its debt from its own resources. Once this becomes apparent good
financial reporting requires that the obligation be recognized as a
liability in the financial statements of the guarantor. At present
there is no stated accounting policy in this respect." She recommends
that that be done.
During the year which she was reporting
about — during that last year — the situation did not change. The
railway made a small operating profit, but before the government grants
it experienced further erosion of working capital amounting to $53.4
million, due primarily to the cost of servicing long-term debt. As a
result of that they had the $10.3 million deficit on their financing.
So when they're overextended to that extent and there is no move being
taken to ensure that the matter of handling that debt is revised as
suggested by the auditor-general, then it seems very strange policy to
move on into increasing that outstanding debt without correcting the
problem that has put it there in the first place, without taking some
action, as has been recommended by the auditor-general.
Speaking
about debt servicing, Hydro is not completely removed from that problem
either. In their report for the year 1978-1979 they say that — just for
comparative purposes — their cost of providing services during the year
was $855 million and that during that same year the cost of servicing their
debt was $286 million, over a third as much as their total cost of
providing services. So you can see, in part, where we're getting this
88 percent management fee; included in that certainly is part of this
debt charge. I am just very concerned that we are now going to increase
their borrowing power without doing anything about putting some
controls on Hydro, without doing something about an unmanageable debt
for that company — because it is becoming unmanageable. It's going to
be economics that's going to change the philosophy about power supply
in this country and in this province. It is not economically feasible
to continue with this concentrated method of providing power at large
central locations and then transmitting it over longer and longer
distances in larger and larger quantities.
As far as B.C.
Buildings Corporation goes, I'm a little concerned about the management
of that particular corporation. I'm concerned about the dollars that
are involved. Certainly the increase in the estimates would indicate to
me that there is more than just inflation reflected in the dollars that
are being allocated to that company. I'm concerned that there is no
direct reporting to the Legislature. Certainly the management is one
that is open to criticism — how well buildings are managed. It's a very
obvious sort of thing that's out front. We've had a lot of concerns
expressed over the past few years, since B.C. Buildings Corporation
came into being. Until such time as we have a fuller accounting as to
how that corporation is handling our public funds, I'm certainly
opposed to giving it any further borrowing power as well.
for those three reasons I am opposed to borrowing for all three of
those corporations, although my major concern is certainly the
borrowing for B.C. Hydro, where sooner or later government is going to
have to have the courage to call a halt and re-evaluate the whole
concept of power production and supply.
MR. D'ARCY: I feel as though I could have this conversation with
the minister just as easily in his office, since there are very few people in
the House at the present time.
[ Page 2984 ]
However,
the minister possibly anticipates what I want to talk about. It's a
concern I have about allowing British Columbia Hydro to borrow a
substantially increased amount of money underwritten by the taxpayers
of this province. It's a concern that I have about the continuing
subsidy of B.C. Hydro by people in the Kootenays through property
taxation. I hope the minister will relate to this, because at one time
he was the minister in charge of municipal affairs and he is now the
Minister of Finance.
Mr. Speaker, the British Columbia Hydro
and Power Authority, like the provincial government, pays taxes on its
property in the normal way — exactly as if they were privately owned.
They are assessed by the Assessment Authority, and the local municipal
authority or regional district, as the case may be, applies the
appropriate mill rate, and they get a tax notice the same as everyone
else — except on seven of their properties. It so happens that some
five of these are located in the West Kootenay area and two are in the
Peace River area. I couldn't give the Legislature a precise figure, but
the last time I did a detailed calculation, the amount of money was in
the neighbourhood of $5.5 million per annum in school taxes and general
purpose taxes in the Kootenays and it was about half that amount in the
Peace River area.
Were it the case that British Columbia
Hydro generating facilities paid taxes at no location in the province,
it would be somewhat more equitable; but unfortunately that is not the
case. The plants on Vancouver Island at Jordan River, John Hart, etc.,
all pay taxes in the normal way; the Bridge River–Lillooet area does
not have to subsidize B.C. Hydro through not receiving property taxes;
and, of course, all the facilities ringed around the lower mainland on
the tributaries of the Fraser River do not get any exemption from
property taxation. The only plants that do are the Arrow, Duncan and
Mica Dams on the Columbia River. Those three projects, along with the
Bennett Dam, get complete property tax exemption. We have three other
projects — the Kootenay Canal on the Kootenay River, Seven Mile on the
Pend d'Oreille and, most recently, the Peace Canyon Dam on the Peace
River — which receive general purpose property taxation exemption, but
are not exempted on the grounds of school taxes.
Mr.
Speaker, since the minister in this case is responsible for both the
finance bill involving the increased borrowing capacity for British
Columbia Hydro and for real property taxation, I would hope that he
would take this point under serious consideration, approach his
colleagues on Treasury Board and ask that these exemptions that B.C.
Hydro enjoys, which are clearly discriminatory against certain regions
of the province relative to other regions, be removed and these
inequities be relieved. I would like point out that in terms of a
percentage of total revenue of B.C. Hydro, we're talking about an
amount which is approximately one-half of one percent. But it is not
spread equally around the province; this exemption only applies in the
Kootenays and in the Peace River area.
MR. HOWARD: We
have had in the province for a long period of time a history of two
sets of books being kept by the government or by one of its agencies.
The purpose of that some years back was to permit the government, as it
did persistently, to argue that there was no debt owed by the province.
The late W.A.C. Bennett, when he was Minister of Finance, used that
argument consistently: no debt, debt-free. The facts of the matter were
that by having the Legislature, in the earlier days, set up a different
arrangement with respect to the keeping of books, the debt that
otherwise would have been direct debt of the province was transferred
and kept on somebody else's books. This permitted the late Premier and
Minister of Finance to be able to say there was no direct debt of the
province. He obliterated completely any thought about the debt that
existed in Crown corporations and other arrangements.
have a history in this province, since this government took office, of
adjusting the financial records to show a picture which was not a true
reflection of the actual state of affairs. We have the myth of a direct
debt of the province of initially some $261 million brought about by
getting rid of cash in advance of the normal times of making those
payments, as was enunciated by the member for Nanaimo (Mr. Stupich) on
more than one occasion, in order to make it look like there was a
shortage of cash; payment of funds and the transfer back and forth of a
fair sum of money — I've heard $160 million or something of that sort —
to ICBC and receiving it back the next day.
We have before
us in this bill another situation which basically is an adjustment of
the financial records of the province to lead the general public to
believe that a certain situation exists when in fact it doesn't. I am
talking about debt, and I want to talk particularly about the B.C.
Buildings Corporation. The B.C. Buildings Corporation, to put it in
brief terms, is a Crown corporation established at the instance of the
Social Credit government in order that that corporation, by being a
separate agency, could become the owner of the public buildings of the
province, in order that it would no longer be the province itself which
had possession of the government buildings. If not all of them, at
least the great bulk of them got transferred and given to B.C.
Buildings Corporation.
B.C. Buildings Corporation now owns
what the public used to own directly. Then the government turns around
and rents space from the B.C. Buildings Corporation, knowing that there
are two sets of books: one the government's books and the other the
books and financial records of the B.C. Buildings Corporation. The
money we pay as rent shows up in the estimates, called building
occupancy charges. Each department has an item in there which is
basically rent that we pay to ourselves because we own the B.C.
Buildings Corporation. I think there is something in the neighbourhood
of $2.5 million-plus that the Ministry of Finance, for instance, will
pay out this year to the B.C. Buildings Corporation to rent space
basically from ourselves.
The B.C. Buildings Corporation has
a debt. It owes money. It borrowed that money from various sources,
probably from Canada Pension Plan money. It has borrowed money by way
of transfer directly from the treasury of the province. It owes — if I
can pick the figure out quickly from the 1979-80 financial report, note
10 to the financial statements — a long-term debt in the amount of $86
million; accounts and notes payable to the province of British Columbia
directly in the amount of a 10.5 percent promissory demand note, $46
million; interest-free promissory notes due March 31, 1992, $113
million; and then accounts payable on acquisition of real estate
investments, $44 million — for what looks to be a total of accounts and
notes payable to the province of $203 million plus the long-term debt
of $86 million, maturing — some of it — in the year 2001, 2002, 1998,
1999, and so on.
We all know that debt carries with it the payment of
[ Page 2985 ]
interest.
When BCBC borrows that money, they have only one source of income,
basically, and that's the people of B.C., who rent the space from this
government agency. So the debt of B.C. Buildings Corporation is an
absolute and direct obligation and debt of the province and people of
B.C. It's carried on a separate set of books, but the debt is there;
it's the obligation of the province and of the people; it's the
obligation of government to service that debt, to pay the interest on
that debt. How does BCBC get the money to pay the interest? They simply
adjust the rent, establish the building occupancy charges to each
department to reflect the necessary amount of money to come into BCBC
so that they can pay interest on the debt and do other things as well.
B.C.
Buildings Corporation pays dividends too, Mr. Speaker. They pay
dividends to the Minister of Finance in his capacity as custodian of
the books of the people of B.C. I see figures of $10 million one year
and I believe $15 million another year and so on in dividends from this
Crown agency flowing back to the provincial treasury, which permits the
Minister of Finance to say: "Look at this beautiful profit making
organization over here called B.C. Buildings Corporation. It's paying
us back dividends, the people of B.C." But where do they get the
dividends from? They get them from the building occupancy charges, and
the people of British Columbia are being bamboozled by this government
into thinking that there is no debt; that it's able to manage the
affairs of the province in such a fantastic way as to have created no
debt, when in fact here we have the B.C. Buildings Corporation up to
its ears in debt to the point where we've got to increase its debt
capacity and potential by another 50 percent, according to this
particular bill. They've got a limit of $200 million in there now; the
bill seeks to increase that to $300 million. As I read the act, that
$300 million limit does not include advances which are made from time
to time by the province, but only includes borrowings that the B.C.
Buildings Corporation makes from such funds as the Canada Pension Fund
and probably the superannuation fund too, although I'm not sure of
that. In any event, they borrow the money.
Mr. Speaker, it's
that kind of double-talk and that kind of activity in the financial
field, about the management of the finances of this province, that
makes the general public ask the question about the honesty and the
integrity of this government. It makes the general public query whether
in fact the straight case is being put to the public. I submit to the
Minister of Finance that the straight case is not being put to the
general public; that if the Minister of Finance would level with the
general public, he would say: "Yes, B.C. Buildings Corporation has a
debt; yes, it has to pay interest on that debt; yes, it pays dividends
back to the treasury, but the only place it gets its income is from the
rent it charges the treasury — it's the same money flowing back and
forth." But because they set the organization up this way, it permits
the government to paint a picture other than the true picture. That's
been the history of Social Credit in this province in terms of the
bookkeeping arrangements, telling the general public where it was
financially, and being honest and open with the people of this province
about the simple question of debt.
Apart from the fact that
$261 million, which I believe the government placed on the books in
1976.... Apart from the myth that that debt in fact existed and it
was necessary to borrow in order to satisfy a shortfall, and apart from
the fact that it was simply juggling the cash flow back and forth in
order to accommodate a fictitious figure, here we have, with the B.C.
Buildings Corporation and this bill before us, a direct and absolute
question of indebtedness. That indebtedness was caused by this
government; it was brought about by poor fiscal management, an
inability to be honest with the general public and a desire to flavour
the situation, to set up two sets of books and say: "Oh, no, that's
got nothing to do with us."
I'm not dealing with the
question of Hydro or B.C. Rail, which, as we all know, have borrowed
money from time to time. While they are separate organizations, there
is an endorsement and a backing given to the borrowings of B.C. Rail, I
understand. I'm just talking about B.C. Buildings Corporation, the debt
of which is an absolute and direct obligation on the part of the people
of British Columbia. That kind of chicanery and double-talk shouldn't
be countenanced. The more it is permitted, the more it is perpetuated,
the more this government delights in doing it, and the more they add to
the general public's feeling that this government really can't be
trusted to tell the full truth about the situation as it exists. That
is reason enough for not being able to support that bill.
MR. HALL: Mr. Speaker, I wonder if I might have leave to introduce some guests.
Leave granted.
MR. HALL:
I'd like the House to welcome Mr. and Mrs. Gilbert from Surrey. They
are in the precincts, having just left the gallery at the conclusion of
the member's speech.
Mr. Speaker, on a point of order, I
wonder if I might also say to you that had I been here for the division
on Bill 7, I would have voted against that proposal.
DEPUTY SPEAKER: That's not a point of order, hon. member.
AN HON. MEMBER: Why didn't you get here on time?
AN HON. MEMBER: Where have you been?
AN HON. MEMBER: Playing golf.
MR. HALL:
On a point of order, Mr. Speaker, I was just accused of playing golf. I
am not a Scots person. I believe that golf is a good walk spoiled. If
the member for North Peace River (Mr. Brummet) is within the sound of
my voice, I wonder if he would like to know that I am in the precincts
of the building.
DEPUTY SPEAKER: On Bill 9, I hope, the member for Mackenzie.
MR. LOCKSTEAD:
Mr. Speaker, I am going to be reasonably brief on this particular bill.
I would expect that we'll be dealing at length and in depth with B.C.
Hydro and these other agencies under debate of the spending estimates.
But I thought it would be appropriate, since this is a borrowing bill,
to discuss some of Hydro's charges and costs to people in this
province, and a couple of other items which I will get to shortly.
The
press and everybody in this House are aware that we have a similar bill
before us every year. Hydro proceeds to borrow another $100 million or
$200 million — whatever the
[ Page 2986 ]
figure
may be. In fact, almost three-quarters of the current debt of this
province is because of the borrowings of Hydro. It places quite a
strain on this province and the people of this province. As of April 1
this year, we have had another 7 percent increase in our electrical
rates, in spite of the fact that the government, and the minister
particularly, tell us that they will be forming an energy utilities
commission — whatever that is. But that commission is not in place and
that legislation has not been brought before the House. So Hydro goes
ahead, increases its rates and proceeds with projects which, in my view
and the view of many people of this province, should not be proceeded
with. I can give numerous examples. I will give some of those examples
in a few minutes.
Of Hydro's total electrical sales for the
year ended March 31, 1979, about 27 percent were residential. About 73
percent of those sales were non-residential, such as industrial, bulk
and commercial export. However, about 98 percent of Hydro's net income
from electrical sales came from the residential users. Only about 2
percent came from the non-residential users, such as industrial, bulk
and commercial export.
What bothers me about this is that
Hydro's pricing policy should be reversed. What I am saying is that
those people who use less energy should be paying less, instead of what
we have now where those people using more energy pay less and those
people using less energy are paying the bulk of Hydro's net income.
Hydro
is now talking about building facilities all over the province. Site C
is a good example. It is currently involved in Revelstoke building
transmission lines. You are aware, Mr. Speaker, that just this morning
in my own riding there was a protest about the construction of a
proposed transmission from Cheekye to Dunsmuir. That peaceful protest
did take place with no altercations. People were not expressing their
dissatisfaction with the line so much as their dissatisfaction with the
government's and B.C. Hydro's unwillingness to hold proper public
hearings.
I am fully aware, and so are many members of our
caucus, of the future energy requirements of Vancouver Island. Three
years ago our caucus asked for a moratorium on the proposed
transmission line to Vancouver Island until we looked at all the
alternatives. There are many alternatives that should and could have
been looked at. It has been proven to my satisfaction that we have
enough energy to do us until at least 1990 without any further
expansion at this time. Be that as it may, the line is under
construction at the present time. The problem here is that B.C. Hydro,
in actions condoned by this government, is spending literally hundreds
of millions of dollars on projects that were not justified. You will
recall that the Ministry of Energy asked the Environment and Land Use
Committee to commission Mr. Marvin Shaffer and company to do a study on
the proposed transmission line to Vancouver Island. When that study was
finally released.... You will recall that for weeks the minister
denied having that study in his possession....
Interjection.
MR. LOCKSTEAD: We are tal