British Columbia Hansard — Tuesday, October 8, 2019 p.m. — Number 271 (HTML) (41st Parliament, 4th Session) (20191008pm-Hansard-n271)
20191008pm-Hansard-n271
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, October 8, 2019
Afternoon Sitting
Issue No. 271
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Orders of the Day
Second Reading of Bills
Bill 35 — Miscellaneous Statutes Amendment Act (No. 2), 2019 (continued)
Hon. C. Trevena
S. Thomson
Hon. S. Simpson
Hon. C. James
S. Furstenau
L. Throness
Hon. M. Farnworth
J. Rustad
S. Malcolmson
Hon. S. Fraser
D. Routley
Hon. K. Chen
M. Dean
Hon. R. Fleming
Hon. A. Dix
N. Simons
Hon. D. Eby
TUESDAY, OCTOBER 8, 2019
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth: I call continued second reading debate on Bill 35.
Second Reading of Bills
BILL 35 — MISCELLANEOUS STATUTES
AMENDMENT ACT (N o . 2), 2019
(continued)
Hon. C. Trevena: It is with great pleasure I take my place in the debate on Bill
35, Miscellaneous Statutes Amendment Act (No. 2) of this
year.
I’ve also got to say that it’s with great pleasure that I stand in
this House to address the House on legislation. I know that members of
the opposition have been questioning the fact that we’re here, that
we’re having a fall session, that the only legislation that we’ve put
forward is a miscellaneous statutes act.
[J. Isaacs in the chair.]
A couple of points. One is that I sat in opposition for three
terms and was very aware of those many times we didn’t actually have a
fall session, that there was no business important enough to discuss. In
fact, the member for Abbotsford West, at the time, described it once as
“busywork” and unnecessary to be here. But it is necessary to be here.
That’s why we’re elected. We’re elected to represent our communities.
We’re elected to represent the people of British Columbia and do the
business of the people of British Columbia.
[1:35 p.m.]
This Miscellaneous Statutes Amendment Act is dealing with many
issues that are very relevant to the people of British Columbia. The
Minister of Children and Family Development spoke earlier about the
importance of the parts of the act that refer to her ministry and the
impact that these changes will have, and the impact that changes made in
previous legislation are having, on thousands of families. It is
extraordinary, the level of engagement, the level of involvement that
has been happening and the filling the gap of, as I say, 16 years of not
having issues of social welfare dealt with in an equitable way. At last
this is happening.
Children and Family Development, Social Development. There are
some very significant changes to Social Development, getting rid of some
really outrageous regulations that had come in under the previous
government, which denied people benefits — heartless regulation. I’ve
had people in my constituency office come and talk to me about some of
these issues, and they were impoverished by the legislation. The changes
in this act are going to change people’s lives.
On that, I’m going to make a segue — I excuse the pun for those
who are listening — to changes in the Motor Vehicle Act and the ability
to bring in, potentially, Segways. That is the responsibility of my
ministry in relation to the Miscellaneous Statutes Amendment Act:
amendments to the Motor Vehicle Act. Again, I think they are very
important.
There has been a lot of interest in bringing forward these
changes, a lot of encouragement. I know, from members opposite as well
as the general public and within our own government, we’re very eager to
see these amendments come through. People are changing the way they
travel, so it’s important that our regulations, through the Motor
Vehicle Act, recognize those changes and are modernized to match the
reality.
The changes in the act will establish a regulatory framework to
help people who use the new and, I think, very diverse modes of personal
transportation. We’re not talking about new modes of transportation;
it’s oftentimes the weird ones. It looks weird. We see the tourists with
the Segways, but people are using Segways. I know it’s a brand name, but
it is the upright Segway. It is the e-scooters. We’ve seen, in a number
of cities, the proliferation of e-scooters, and I’ll address that. It is
hoverboards and electric unicycles. It’s all the ones we’re seeing that
are not bikes.
There may also well be the opportunity to look at electric bikes —
we see regular push bikes and bike-share programs being used widely — to
have a look at where we might be able to expand on e-bikes to ensure the
safety of the users of these forms of transportation, as well as all
road users.
Currently a transportation device that doesn’t fall under the
Motor Vehicle Act’s definition of a motor vehicle, a cycle or a
pedestrian is not permitted to operate on highways or sidewalks. Some of
these new devices I’ve just been describing struggle to fit in any of
the categories. The changes proposed in this legislation will give
government the ability to address this gap.
I’m also very proud that the amendments are another step in our
active transportation strategy, which we introduced this last summer, in
June. They came from some of the conversations that we had through the
active transportation strategy. We had about 3,000 engagements in the
active transportation strategy, and we heard, loud and clear, that
amendments to the Motor Vehicle Act were identified as key — looking at
how to better protect vulnerable road users, be they pedestrians or
cyclists or these people using the new forms of
transportation.
[1:40 p.m.]
This legislation is enabling legislation, so it will allow us to
create regulations to clarify how new transportation devices are to be
used. I think, very importantly on this, they will also give government
a chance to partner with communities to create some pilot projects to
research and test how new mobility technologies work best here in
British Columbia. I think that there are, clearly, new ways for people
to travel. We need to make sure that our laws reflect the needs of our
communities.
We have seen, as I say, a proliferation of e-scooters. I’ll use
that as an example, because there has been a proliferation. Throughout
many cities in the United States, we hear of problems, whether they’ve
been in San Francisco, Austin or San Diego — often warm-weather places.
But the fact is that there is a proliferation.
People are riding very fast. They may be riding on sidewalks.
Maybe in Austin — it’s a bit of a party town — people are riding them,
not necessarily abiding by the rules of the law on what they have
consumed. So there have been concerns. I’ve got to say that we have, in
Canada…. They’ve started to be rolled out in various places in
Canada.
If I might just read a little bit from the National Post ,
in August, about the e-scooters. It says in the introduction of a piece
about the potential problems of e-scooters: “When a fleet of nearly 200
electric scooters debuted in Montreal in mid-August, riders kicked up
the kickstands and kicked off a week of complaints. The scooters were
introduced in Calgary and Edmonton this summer, and the top nuisance has
been the abandonment of scooters” in places where they shouldn’t be
abandoned, including, as one of the ironies, “the wading pool of the
Alberta Legislature.”
What we’re hoping is that by being able to work with communities
on pilot projects, we can really, literally, get the ground rules, work
out where they will be best used. Whether it be e-scooters, sometimes
electric bikes, sometimes these unicycles or other forms of
transportation, how can they be used? Should they be on a sidewalk?
Should they be on a roadway? What sort of safety measures need to be put
in place?
I know that we’ve already had lots of engagement from people. I
have effectively had an inbox full of people writing to campaign for
these sorts of mobility devices. We’ve had lots of people getting in
touch, saying they would be easy. It would help for using transit. You’d
just go to the transit station on your e-scooter. It gets you up the
hill; it gets you down the hill. There has been a huge campaign to bring
them in.
What we’re hoping is that with the amendments and working with
local governments, we can create the sort of change that really supports
the reality, but supports it in a very realistic way, supports it in the
fact that we will be able to assess what does and doesn’t work in
communities of different sizes.
I know the member for Kelowna–Lake Country is very, very engaged
in this, very eager to see it, and the community of Kelowna, the city of
Kelowna, is very eager to see that. I’m sure, as soon as this
legislation is passed, if it’s passed, and as soon as we start on a
regulatory framework, that Kelowna will be one of those communities
knocking at the door saying, “We want to have,” as the member said to me
after his speech earlier today, “not just scooters but all the other
forms of mobility devices and how we really make sure that they are
being used appropriately in our transportation network.”
Victoria, likewise, has been very eager. We’ve seen, in Victoria,
the bike-share program of just regular, as I call them still, push
bikes, the sort of bike I use. We’ve seen those coming in Victoria. And
Victoria, I know, has also been anticipating something on
e-scooters.
As the minister, it is my responsibility to make sure we’re
investing in safe and efficient transportation networks to really
connect people. I have been an advocate for active transportation for
many years. I think most people in this House, and others, know that I
am a cycle commuter, much less so now that I’m a minister. I don’t
actually have the distance to commute, because in Victoria it’s a
shorter distance, but at home I cycle a good number of kilometres to my
office every time I’m in my office.
[1:45 p.m.]
It really is an opportunity, through these amendments, to have
another step to ensuring we have a system that office people…. It
depends on the type of device you’re using, but it’s definitely a
healthy, hopefully affordable and definitely environmentally friendly
way to commute.
Most of what we call active transportation modes, using, I’d say,
the officialese…. For active transportation, people think of cycling;
they think of walking. They are clean, produce zero pollution and are
virtually free once you get your bike. So that will help communities.
But what will also help communities is ensuring that we have a system
that recognizes the needs of every person on the road or
sidewalk.
As I say, how these amendments are going to change road use as we
know it today, taking the Motor Vehicle Act from one of the 20th century
into the 21st century, is this working with pilot projects, with
communities to develop pilot projects. It is ensuring that those
projects will give communities a safe framework to regulate the
use.
We’re looking at a maximum of three years for the pilot projects.
It gives time to set them up, run them for a little bit, evaluate them
properly and see what works best for communities and road users. The
pilot project regulations can temporarily override some of the
provisions in the Motor Vehicle Act. I think that is important to note.
So when we’re drawing up our regulations for a pilot project, it might
allow a hoverboard or unicycle on a sidewalk — which, at the moment,
wouldn’t be allowed because there is no place for them. So there will be
some temporary changes through the pilot projects.
I really do look forward to seeing the innovation that communities
come up with for these projects, because I think there is a lot to
explore. It is really an opportunity to embrace a shifting
transportation sector. These pilot projects could include new types of
vehicles, so that also includes autonomous vehicles. They could include
these motorized personal mobility devices, to use the technical term,
which are e-scooters. Or they could also be looking at new approaches to
licensing, to driver training or to enforcement and how that is
done.
I do believe that by making these changes to the Motor Vehicle
Act, working with communities, we will be designing and creating routes
that are connected, accessible, safe and enjoyable and giving people the
opportunity to choose more active and more diverse modes of
travel.
Diversity is a key in addressing what also will be addressing
climate change here. Through our government’s CleanBC, we are committed
to reducing our impact on the environment. That has become very clear
and a lived experience, as it were, through our active transportation
policy, “Move. Commute. Connect,” which we launched in June.
When we were consulting, there was a lot of engagement from people
right across the province. We had public meetings. We did on-line
engagement. We did selected stakeholder engagement. There were more than
3,000 ideas generated during our engagement. People really want to
embrace it. We made a commitment to increase active transportation — to
make it easier and safe to get around while working on protecting the
environment. “Move. Commute. Connect.” is really helping communities to
integrate convenient and accessible systems.
We’ve got a very thick — it’s literally this thick — guide that
has been embraced by local planners and which helps them plan when they
want to build active transportation into their community plans. So I
think it really is going to be embraced and taken on. It was created
thanks to those hard-working community planners who worked with us and
people who believe in choosing active transportation, whether it is
these new modes of transportation or the traditional ones, as their
first choice, whether they’re getting to work or to school or going to
visit friends or do shopping.
[1:50 p.m.]
As part of the strategy, we did make a commitment to review the
Motor Vehicle Act to address the definition of “road users,” including
these new, emerging technologies. There are other changes still to be
made that we’ll be looking at, because I know that there has been,
really, a look from, particularly, the cycling community for certain
areas that still do need addressing. Everyone really should have that
ability to enjoy safe and accessible transportation. So working in
partnership, we will be able to get pilot projects off the ground and
create a framework for the future and support those transportation
projects.
The amendments will create opportunities for government and for
local communities to research and test these new mobility technologies,
how they best work in our communities, so we can avoid the problems that
other jurisdictions have seen. It’s not that we are late to the game,
but it’s definitely that we want to make sure that they work
well.
In Europe — you read about what’s been happening in Europe. In
Germany they’ve been having problems with, again, the proliferation of
these devices. I mentioned some of the Canadian jurisdictions where
they’ve been introduced. In San Francisco they were brought in, and then
they had to rein them back, and now they’re bringing them in, in a
slightly different way. So we are looking to see that we can get it
right.
We do know that there is, really, a direct link between our
transportation networks and climate change, and we all have a role to
play in protecting our environment. I think that’s been very clear over
the last number of weeks with the climate change campaigns and the
activism out there — encouraging people to be able to travel safely
without taking out their car or their truck, knowing that they can
travel safely, whether they are walking or cycling or using new
transportation devices.
It is part of our government’s commitment in making sure that we
are dealing with the climate emergency by dealing with active
transportation, making sure that the infrastructure investments are
designed for convenient and safe use. It’s all very well bringing in the
pilot projects and everything else. But what does it look like? How are
you going to use it? Are you using a bike lane? Are you using the
sidewalk? What are you using? As I say, working in collaboration with
communities.
There are a number of more minor changes in the legislation, which
I’m sure will be discussed when we come up to committee stage. We’re
language, we lose the reference to people afoot. They are no longer
there. They are simply pedestrians. But we also shed some rather, I
think, pejorative terms such as “invalid carriage.” So we do modernize
the language.
We also…. I think this is very important as well. I’ve been
looking, highlighting…. There has been a lot of interest in the
alternative modes of transportation side of it, the e-scooters and
hoverboards and so on, and that’s where I’ve been focused.
Very importantly, in this legislation, it does ensure that people
who are using medical scooters — whether it’s for, as a senior, if you
are disabled and you need to use a medical scooter or an assistive
device — are going to continue to be treated as pedestrians. So they can
continue to use the sidewalk. I think it’s very important to underline
that while we’re doing the pilot projects of all the new and glitzy and
fancy ones that every young person and, sometimes, middle-aged person
wants to ride on, we are ensuring that people are protected and they
will continue to be.
There is no doubt that we do need to work in collaboration with
communities, other levels of government to move active transportation
forward in British Columbia. I think that it’s very clear that making
life better for people is at the core of this government’s work, which
is why this piece of legislation is so important to us. It is, in many
ways, really making life better for people. I refer again to the
Minister of Social Development, who I know is going to be speaking
shortly about the changes this legislation brings. It’s going to have a
huge impact on many, many people, and it’s long overdue. It was much
neglected by the previous government.
[1:55 p.m.]
It’s what drives us, whether we’re in a social ministry or a
ministry such as mine, which is sort of a delivery ministry. It really
is what drives us — the need to ensure that the people of B.C. are
treated equitably and that there are solutions to the problems they
face, that their lives are better and that life is more affordable for
them.
I think that this is going to be an interesting debate that I look
forward to hearing. I know that members on the other side are largely in
support of the changes to the Motor Vehicle Act. I look forward to
working with them, working around the province with communities that
want to pilot projects and working on that when we get the regulatory
framework in place; looking at how we can pilot those projects and make
sure that we are giving people the opportunity to get out of their cars,
get out of their trucks, try new forms of transportation, try them
safely. I can’t underline “safely” enough.
There have been reports in the United States. The certain unsafe
use of these vehicles or unfortunate accidents of people not being aware
of these vehicles have led to several thousand accidents and, sadly, a
number of deaths. We don’t want that in British Columbia.
We want to make sure that when people are using these new forms of
transportation, they are doing so as safely as possible, that they know
the parameters in which they can work and that the other road users,
whether they are bus drivers or car drivers or truck drivers, also know
what the parameters are. That’s why I think working with communities,
working on pilot projects, getting it right, making sure it works for
all our communities is important.
As I say, I very much look forward to seeing this come into being
and seeing the first pilot projects get off the ground, whether it’s a
hoverboard floating along literally off the ground or somebody pushing
along on their electric scooter. Whether it’s one that they own…. I’m
sure it will start creating many, many opportunities for businesses that
want to come in, as they have done in other jurisdictions.
With that, I’m very pleased to have been able to talk about what
my ministry is doing here on the Motor Vehicle Act amendments. As I say,
I think it is very valuable to be here for a full session to get on with
the good work that the people of British Columbia are expecting us to be
doing.
S. Thomson: I’m pleased to rise to make some comments on second reading of
Bill 35, the Miscellaneous Statutes Amendment Act (No. 2), 2019. I’ll
make a few comments on a couple of the elements of it and then have a
little bit more comment, particularly with respect to the amendments
that have been proposed around the Freedom of Information and Privacy
Act component that’s in this miscellaneous statutes.
As others have commented, miscellaneous statutes usually have a
lot of housekeeping and administrative changes and things like that in
it. But there are certainly elements in the overall scope of all of this
that need to be addressed and need to be probed and asked about,
particularly in the committee stage, which is really, in miscellaneous
statutes, where you get the substantive discussion going around on what
the reason, the rationale, is for the changes that are being brought
forward.
I will say, and echo of the comments of my colleague from
Kelowna–Lake Country, I’m disappointed in the speculation tax amendments
that are in this miscellaneous stats. When the Minister of Attorney
General introduced the legislation, when he brought forward and listed
this as being one of the pieces that was being addressed in this
statutes act, I had that fleeting moment of hope that maybe there was
something significant, a change coming to a tax that, obviously, we feel
has been misapplied and misinformed.
It was disappointing to see that it’s just simply some very, very
minor wording amendments in it. I had this sort of faint hope dashed
pretty quickly. I was thinking this morning that it was like the faint
hope I had with Canada’s national rugby team against South Africa last
night at three o’clock in the morning when I thought…. You had that
faint hope, and then 12 or 15 minutes into the game, that hope was
dashed. It’s kind of like the speculation tax amendments here as well.
But that’s just a bit of a digression.
[2:00 p.m.]
I wanted to again echo the comments of my colleague, as well,
around the Motor Vehicle Act amendments brought forward by the Minister
of Transportation — obviously something that I’m supportive of,
particularly for our community. I think Kelowna, Kelowna–Lake Country
and Kelowna West have really been leaders in the whole movement and push
towards the active transportation networks within our
communities.
Lots of investment being made in the community, including, for
example, the $7 million investment that we made when we were in
government in the Okanagan Rail Trail, connecting downtown Kelowna with
the airport, with the university area and all the way through to
Coldstream and up to Vernon.
The partnership that was developed there between the city, between
the regional districts, the province and the community, who really got
behind that project, did very, very significant fundraising for the
maintenance of the trail and the establishment of the trail bed. It has
been a huge success already in the community with the number of users on
that trail network. But it links, also, to the very active bike lanes
and bicycle networks through our communities, which are growing every
day.
There’s a new bike lane being put down in the community, so we’ll
obviously be very interested in the regulatory framework. I’m sure
Kelowna will be one of the early communities that comes forward with
proposals and ideas around this once they see the regulatory framework
and the processes that they’ll need to go through.
Obviously, the caveats are there around public safety — all of
those processes — as the minister outlined. I think that along with
that, as you get more and more of this use and the different electronic
mobility types that will be used in it, the education side of it is
going to be an important part as well, around the responsibilities for
people using those, responsibilities of drivers, all of those aspects of
it too — an active piece that will be needed as this moves forward and
gets implemented across the province.
I wanted to make a few comments around the amendments to the
Freedom of Information and Privacy Act that are proposed in here,
specifically the proposal to amend
section 33.1 in the act. This is a
technical amendment in a sense but is, I hope, designed to strengthen
the protection of privacy and information. Certainly, when we get into
committee stage on this, we’ll be asking the questions around what the
rationale was for this. What was the gap that is being addressed in
bringing this forward?
It provides technical amendments, and it essentially applies to
information that is being processed outside of Canada. Obviously, this
raises some questions on this. It’s clear in the legislation that it
doesn’t apply to storing information and data outside of Canada, which
is certainly positive, but it’s about the processing of that information
outside and some limitations on it. We’ll want to make sure that those
limitations and conditions where that happens are robust and provide for
that protection.
[2:05 p.m.]
From what I understand, this is an issue that has been there. This
is legislation that is designed to cover something that is already
happening or enabling something that is already happening. We know that
for universities, health authorities, schools, other organizations that
come under the purview of the government, a lot of the data processing
and infrastructure that helps do that resides outside the country, even
though the data is stored here. So we’re going to want to make sure that
these changes tighten up the processes as opposed to provide and enable
something that would actually loosen the restrictions or create more
opportunity for this.
We’ll also certainly be asking questions around: are these changes
something that were recommended by the Privacy Commissioner? Had he
identified gaps that needed to be addressed, in the rationale for
bringing these changes forward? Was there a privacy impact assessment
done on the proposed changes? Again, sort of all getting to the point
around: what is the rationale and what is the gap that’s being addressed
in bringing this forward?
I think it’s very important, particularly with recent developments
around freedom of information and things under the oversight of the
former minister. It adds a responsibility around ensuring that, as we
said, this increases and strengthens the freedom-of-information
protection with the changes that are being processed.
Some of this, you’ll recall, came up during the debate in
estimates, both with the Minister of Citizens’ Services and the Minister
of Finance, around the building of the system that managed the
speculation tax and the significant concerns from many people about the
collection of personal information under the speculation tax — 1.6
million users, a system that was built to handle over 3.1 million users
in the system and a system that was built by a U.S.-based company that
had had previous data breaches and glitches in their system. Over 1.9
million users’ information was compromised in that process.
It obviously raises some concerns, and we’ll be wanting to
question a number of things. Whether this was in response to that, how
much of this type of processing that is being covered off here actually
takes place, and what the range and the scope of the issue is that’s
being addressed here will be questions that we’ll want to pursue in
committee stage as we go through it.
There’s also…. It refers to metadata. Metadata is not defined in
the legislation. My understanding is that it’s a dictionary term that is
being used to define what metadata is. But again, when you have these
processing processes and you provide for them, how is the personal
information that is in those systems protected and covered when you
provide the opportunity for this to take place? As I said, storage
remains in Canada, but processing by machines happens outside of Canada.
This is enabling something, as I pointed out, that already
happened.
[2:10 p.m.]
We’re going to want to, as I said, probe what the rationale was
and what gap is being addressed in bringing forward these amendments.
What role did the Privacy Commissioner, both in terms of raising this
issue, addressing it…? Was it a response to that, and did the Ministry
of Citizens’ Services, in particular, undertake a privacy impact
assessment in the legislation? I think it’s important.
The one other element in the legislation…. It talks about this all
applying where practicable. One of the questions we’ll want to probe
is…. That’s a qualifier about where all of this applies, so there are
obviously some circumstances where the provisions of this legislation
don’t apply because it may not be practical. What are those
circumstances? What are those conditions where the elements and the
conditions that have been placed in this legislation that you have to
meet now…? What are the examples of where it’s not practical to do that?
What risks does that provide to the protection of an individual person’s
private information and things?
Again, as I said earlier, in terms of the miscellaneous statutes,
it is the key issues and the questions that get raised in the committee
stage. That’ll be the important part of the discussion. We look forward
to raising those concerns and others that may come up over the next
couple of days before we get to committee stage — the opportunity to
address those in that process.
I appreciate the opportunity to raise those few comments on the
Miscellaneous Statutes Amendment Act bill, with particular reference to
that
section of it. I look forward to the continued debate and the
committee stage on the bill as we get into the specific elements of it
in the days ahead. Thank you very much for the opportunity.
Hon. S. Simpson: I’m pleased to have the opportunity to join debate around Bill 35,
the Miscellaneous Statutes Amendment Act (No. 2). In particular in my
comments, I’m going to talk about sections 87 through 104 of the
legislation. These are the sections of the legislation that apply very
specifically to policy and practices in my ministry and work that we’ve
done to make significant changes to a large number of policies and
practices over the last number of months.
We learned a lot during the consultation before the poverty
reduction legislation and the plan for TogetherBC. In that consultation,
it will be no surprise, we heard from a wide array of people. About
8,500 people spoke to us, the majority of those folks being people who
are living poor today. They talked to us about all the things that you
would expect them to talk to us about: about housing, about income,
about opportunity, about education, about safety and security — all of
those things you’d expect.
They also talked to us a fair amount about the culture of this
ministry — the ministry that was, under the previous government, Social
Development and Social Innovation and was changed to Social Development
and Poverty Reduction when this government came into office. I heard a
lot about that. It was about the culture, and it was about how people
felt when they interacted with the ministry. It was about how people
engaged the ministry and about policies of the ministry that people
believed were punitive and often unnecessarily punitive and unnecessary
in what they required and obliged people to do.
This was important to me because, as the minister, certainly one
of the cornerstones of the work that I’ve been looking to do over the
last couple of years — we’re making progress, and there’s always more to
do — is to shift the culture of this ministry. Shift the culture from
one that….
Well, maybe the best example of what that is all about is…. I can
reflect back to when I first took this position and the correspondence
that would come from the correspondence unit for my signature:
correspondence that would almost inevitably reflect, to whoever the
recipient of income or disability assistance was that we were
corresponding with, about how this was the ministry of last resort and
the last thing that’s available to you.
[2:15 p.m.]
It, frankly, was framed in a way that I believed was diminishing
to people, that undervalued people. Quite honestly, I simply refused to
sign those letters and sent them back. I sent them back because what I
was looking for and what we have focused on over the last couple of
years is changing the culture of the ministry to one that says: “How do
I support you as an income or disability assistance recipient to create
opportunities for yourself and your family to break the cycle of
poverty, to be able to move forward, to be able to support yourself and
your family and to be successful in the life that you envision for
yourself and your family?” That was where we wanted to go.
It became clear to me pretty early on that there were policy
issues around how the practices of our ministry worked that were
challenging to being able to make that shift.
I took the opportunity to go out and speak to folks in offices
across the province. I would take the chance to hopefully come in and
sit down with front-line workers, with EAWs and other front-line
workers, and spend an hour, an hour and a half, in an office, having a
discussion about how they viewed the work they did, where they thought
innovation could be had and where they thought we could effect
change.
I learned a lot from the people who, every day, go to work to do
this work. I learned a lot also about the frustrations they had, about
their inability to be innovative and their inability to look at ways to
support people who came in, who needed support and maybe just needed to
be dealt with in a little bit different way in order for that person to
start down the path to effecting the changes in their life that they
wanted to make for themselves.
We went away, and I directed the ministry to go and take a hard
look at a whole array of policies, many of them that had been brought to
our attention by effective advocacy organizations like TAPS here in
Victoria and other organizations that work in social justice, legal
affairs and legal advocacy, who raised a range of these issues to us. As
a result of those discussions, as a result of that work, we came up with
the first envelopes, two envelopes of policy, to change.
The first envelopes — and I’ll speak a little bit more about this
in a minute — were ones that could be changed through regulation. In
July of this year, we changed a number of those policies that can be
effected by regulation.
This included reducing the access times for the work search
period. Under the previous policy, a new applicant was required to spend
five weeks in the work search. We reduced that to three weeks, which is
the same amount that a returning applicant would need to look. Part of
the reason for doing this is that we wanted to ensure that we got in
under a month so that if people had a challenge around how to pay the
rent, how to cover those costs, we could get inside of a month and still
ensure that that work search happened and be able to ensure that we
could provide support for somebody who was in a significant or desperate
situation.
We ended the penalties for families providing room and board to a
family member. Under the previous policy, this was discounted. It was
not valued the same as if an adult was paying room and board to somebody
that they didn’t know. We have now said that we will treat people the
same way, regardless of whether they are a family member or not, in
terms of what we supply in terms of shelter allowance when providing
room and board to an adult child or a parent on assistance, and it will
be without financial penalty. It will be similar to living in a private
room-and-board situation separately.
We expanded access to the identification supplement. We have a big
challenge with people around identification and making sure that
identification is available for people to be able to support them, as
it’s such a critical piece of being able to get the support they need.
So we’re providing greater amounts of support now to ensure that people
have the ID that they need to deal with everyday life.
[2:20 p.m.]
We extended access and simplified the application process for the
persons with persistent multiple barriers category, PPMB. It’s the
smallest of the three categories of income assistance — disability
assistance, employable and PPMB — but it’s a
section that has
potentially real value, particularly in supporting people with complex
issues. Unfortunately, people with complex issues were excluded from
being part of PPMB. We’re effecting changes that will, in fact, allow us
to use PPMB as a tool.
We eliminated the transient category to ensure that persons
without a fixed address, with no dependent children and who are not
considered to be taking up permanent residence in the community still
are eligible to receive supports, as other people on income assistance.
We’re not penalizing people for their circumstance.
We increased the asset limits for people, increasing asset limits
for people around a vehicle. The previous limit was a $10,000 vehicle as
a limit on the vehicle. We’ve removed that and said that the primary
vehicle that somebody owns will be exempted. This came from people in
outlying and rural and northern communities who are on assistance and
who need a truck, who have a vehicle that often is valued at more than
that $10,000 because of the nature of the vehicle and where they live.
We weren’t prepared to penalize people and say, “You’ve got to sell your
truck,” when that truck is an important part of how they get around in
the north.
We also increased the asset limits for people on income assistance
from $2,000 to $5,000 for a single person and $4,000 to $10,000 for a
couple. We made relocating easier in terms of moving grants, and we
expanded access to nutritional supplements. Those were all things that
we were able to do through regulation. We did those earlier this year,
and they’ve come into force effective July 1.
What we’re doing with Bill 35 is a number of changes that require
legislative changes. They are changes that do a number of things that
are critical.
We are ending the requirement for people on income assistance to
pursue early CPP retirement benefits. The policy of the previous
government was that when you turned 60, you had to apply for early CPP,
take early CPP and get off of income or disability assistance. What we
know that did…. We know that if you take your CPP at 60, you’re losing
about a third, maybe a little more than a third, of your pension. We
were ensuring that people, for that very short number of years, 60 to
65, would be poorer after 65 because we’re taking a third of their
pension away.
We simply have ended that practice, and with that, we’re very
hopeful that we’re going to ensure that a number of people who are
getting into their older years and heading for Canada pension, in fact,
will be able to collect their total Canada pension after the age of 65
and be in a better place to be able to support themselves, rather than,
through provincial policy, entrench them in poverty.
If this legislation passes, we will eliminate the two-year
independence rule as a barrier to assistance. This change is
particularly important for vulnerable youth. We have a range of
situations. The current practice today is that you need to be able to
demonstrate that you are financially independent for two years before
applying for assistance. Young people are the people who are most hard
hit by this.
An example of that. A young woman who met the financial need and
other eligibility tests was denied assistance because she’d failed to
meet the threshold of 840 hours of work and $7,000 of gross income.
She’d been in school during the time, only worked a little bit
part-time. The result of this is that she was not eligible.
We know that, in particular, when we talk about young people in
this, we’re talking about this putting young people on the street. We’re
talking about this creating a situation where young people are
susceptible to exploitation. The last thing we want to do is entrench
people in poverty, entrench them in homelessness, as they transition
from youth to adult.
[2:25 p.m.]
I’m hoping that most of those young people never, ever get to my
ministry. But if they do, I’m not interested in telling them we’re going
to punish them because they didn’t get two years of independence. We’re
going to support them and, hopefully, with creating other opportunities
through the work of the Minister of Advanced Education, through the work
of Children and Families, through the work of other ministries, be able
to create opportunities for them to get the training, the skills they
need and to go to work — and to be supported by this ministry if they
require that support.
We also are modernizing the ministry’s definition of “spouse.” The
law currently says that if you’re together for three months, you are
deemed to be a couple. Now, we know that in British Columbia under the
Family Law Act, for purposes of family law, it’s two years for a
common-law relationship to be recognized. We know that for the Canada
Revenue Agency, for financial reasons, it’s a year. We have adopted the
practice of the Canada Revenue Agency around financial matters
here.
We will say to a couple that we will deem you to be single unless
you marry, of course, in a formal way. But for common-law purposes, we
will identify that relationship and recognize that relationship, not
after three months but after a year. There is no reason for us to treat
people differently than we treat everybody else because they happen to
be on disability assistance or they happen to be on income
assistance.
The second piece that connects to that relationship is that we
know that divorces, when they happen, take time and cost money. We know,
particularly for people on very modest incomes — like income assistance,
like disability benefits — finding a place to live can be incredibly
difficult. As a result, not just for people on income assistance — we
see this across the board — we are seeing increasing circumstances where
couples are separating and sometimes, for a period of time, needing to
live in the same house.
This provides singles’ assistance rates to married people who have
legally separated, have not yet finalized the divorce and are living in
the same residence independently, while it ensures fair treatment
between married and common-law couples.
We are seeing an opportunity here to be able to respect the
reality of our time, the reality of cost, the reality of housing
pressures and not penalize people, particularly not when there is a
separation going on and often what is a very stressful time in peoples’
lives as it is, and then we are adding to that stress.
We’re changing the definition of “dependant.” The change will
ensure that people retain their status as a stand-alone recipient and
therefore do not have their rate reduced or are not cut off assistance
unless they are truly in a dependency relationship.
Under the current definition, mostly women have been found
ineligible because a roommate sometimes helps out with children and the
help is characterized by the ministry as co-parenting, even though that
is not necessarily the case.
Here’s an example. In one case, the occasional purchase of diapers
and baby formula was enough to deem a dependency relationship, despite
the fact that two adults intentionally maintained separate finances and
did not support each other financially. The inference from the decision
was that the woman would be forced to rely on her co-resident and that
the co-resident somehow had an obligation to provide for her and her
child because of this minimal, sporadic support.
This change will ensure that that doesn’t happen. It will ensure
that dependency really means dependency. It will not be open to some
interpretation about somebody who helps you out once in a while creating
a formal dependency.
We have also changed the definition of “dependent child.” The
current definition does not recognize shared parenting situations where
separated spouses continue to live together, which has become more
common since the acts were first done in 2002.
[2:30 p.m.]
This provides certainty with this regulation. We’ll make sure that
no child loses out on the full range of supports they are entitled to
receive. We’ll ensure that the definition addresses varied shared
parenting situations, including those where parents are former spouses
who live in separate family units in the same home, but they have a
shared responsibility around a dependent child.
We’re ensuring documentation requirements do not create
homelessness. We have a current situation where when somebody can’t
produce the documentation immediately at the time of application, people
get cut off.
[R. Chouhan in the chair.]
We’re changing that practice from cutting people off to one where
there is a penalty. There will be a modest penalty involved, but we will
support people with compassion by recognizing the difficulty vulnerable
groups may have in obtaining all the documentation they need.
For example, a homeless person might struggle to connect with the
necessary offices to obtain the documents they require around income
that they may have earned. We’re going to continue to support that
person while that process of accessing that documentation occurs. Today
there is no opportunity to support that person. They’re on their own
with no support. And far too often, when it comes to these issues of
documentation, it is those people who are most vulnerable and most
desperate who end up paying the price.
We’re enabling maximum repayment amounts so that we can bring
certainty when there is an overpayment. When we provide a benefit to
somebody that is a repayable benefit, and that occurs quite often, we
will ensure the minimum amounts or the maximum amounts that are paid
back so that it is not a situation that becomes prohibitive to somebody
being able to make those payments and still be able to live their lives.
When you’re on a very modest income, like income or disability
assistance, that becomes a very big deal.
The other changes that we’re making are around evidence on
appeals. We currently have a practice under the appeal board that
doesn’t allow for new evidence. This is unlike many other tribunals. But
the tribunal related to this ministry says that all of the evidence
that’s presented initially is all that can be considered. We’re changing
that to be in line now with most other tribunals — changes that will
ensure new evidence that is meaningful and substantive and should affect
the decision and affect an appeal will be allowed to be
submitted.
Currently that doesn’t happen. Sometimes appellants have to go
back and reapply, because the tribunal couldn’t consider that evidence.
They have to go back and begin again. We’re changing that to ensure that
if we have evidence that is meaningful and material, why shouldn’t the
tribunal be able to look at everything that is meaningful and material
and make a decision based on that instead of this bureaucratic
limitation? Particularly when other tribunals, in fact, have the
practice of being able to review new evidence as it comes
forward.
These changes collectively don’t cost a lot of money. But they
make a significant difference in terms of how we treat people and what
our relationship is with people on income assistance and disability
benefits — for the 200,000 people, give or take, who are supported by
the ministry that I’m responsible for.
As we move forward, we committed in TogetherBC and in the poverty
strategy around four foundational pieces: around affordability, around
opportunity, around reconciliation and around social inclusion. What I
know is that, particularly around those issues of social inclusion and
of opportunity, these changes will make a difference. They will affect
people’s lives. They will help people. They will be supportive of people
as we move forward.
[2:35 p.m.]
If we want people on income and disability benefits to be able to
effect a change in their life…. We talk about breaking the cycle of
poverty, and that is about creating opportunity. That means valuing
people. It means helping people to create the levels of self-confidence
that will lead to their resiliency. Because we all know, in this room
and in our lives, many of us…. We’ve all been knocked down and had to
get back up again, often many, many times. You need to have that
confidence, and you need to be valued in order to have that resiliency,
I believe.
If we want to break the cycle, then we need to do the work to
instil that in people who are vulnerable and who are struggling. There’s
nothing easy about this. There’s nothing simple about it. It’s not
simple to measure.
I do know that how we interact with people, how we engage with
people, how we relate to them — how we as a ministry value people who
come and need the support of the ministry that I’m responsible for —
makes a huge difference. Far too often these are people who have been
devalued in their lives, who have been put at risk, who have been
threatened, who are in a desperate situation. We are doing nobody any
favours if we, in fact, make that situation worse. What we’re doing here
with these changes — again, a group of a couple of dozen changes over
this year — is moving to make that happen.
I’m very pleased that this is moving forward. I look forward to
discussion in committee stage around this work. My expectation is, as
I’ve heard from people in the community and people who work in the
advocacy field that we’ve discussed this with, that this will start to
help people, and it will help make it easier for people to be supported.
It will also make it easier for people to move their lives forward. I’m
looking forward to committee stage.
Thank you for the opportunity to make some comments around this
bill. I do believe that this is a very important change for us at a very
modest cost and one that will prove very beneficial to people that we
need to be paying attention to in this province, people who need our
support and need our support to be able to have opportunities to build
the lives they want for themselves and their families.
Hon. C. James: I rise to speak in support of Bill 35, the Miscellaneous Statutes
Amendment Act, 2019. I’m going to speak…. There are pieces in this act
that relate directly to the Finance Ministry and to taxation. So I’ll
just start with a few pieces related specifically to my portfolio. Then
I’d also like to touch on a number of other pieces within this act that
are important, not only to our province and to the work that we’re doing
as government but also, most importantly, to the public and certainly to
my constituents as well.
I think, as people will know, government often proposes minor
changes to acts to improve clarity, to give some consistency across
legal statutes. Certainly, that relates to the changes that are in this
act related to Finance. They are, no question, housekeeping measures,
and that’s part of why they’re in this Miscellaneous Statutes Amendment
Act.
I think it’s also important to recognize that these proposed
amendments are not unimportant, that these proposed amendments, in fact,
are part of good government. While they may not be as splashy as some of
the other big announcements that come out, they do in fact ensure good
governance, and I think we can’t underestimate the important pieces of
this work related to good governance in our province as well.
It is part of our job, all of us in this Legislature, to serve the
people of this province. Often when people think about what government
does to make their lives better, they think about the services that they
rely on. They think about what matters to them, what matters to their
family, the kinds of programs and services that they may access. Of
course, that’s going to be different for every family, depending on
their circumstances.
I think one thing I hear consistently from people is that with the
services that they do access, they expect that they get information in a
timely way, that it’s clear information and that it’s consistent across
programs and services. I think there is nothing more frustrating — and I
know all of us in our constituency offices will have heard this from
constituents — than when they get pushed from one service to another.
They don’t get consistent information. They get differing information
from differing places.
[2:40 p.m.]
Part of bringing forward what appear to be housekeeping amendments
to a bill often are proposed changes to, in fact, help the public, to
serve the public better, to provide that consistency and to ensure that
they are getting clear information when they need it, that they’re able
to get the programs and services that they want and that they have the
opportunity to do that.
The acts that are being changed in my particular area, just to
speak a little bit about the Ministry of Finance and those pieces, are
proposed changes to the Carbon Tax Act, the Provincial Sales Tax Act,
the Motor Fuel Tax Act and the Tobacco Tax Act. The amendments that are
coming forward are going to bring clarity and consistency, as I talked
about, and they specifically speak to when a tax director and how a tax
director will provide documents to a taxpayer.
Again, these may seem like very mundane kinds of changes, but it’s
important. If you’re receiving an information bulletin, if you’re
receiving a document from the tax director, you want to make sure that
it’s consistent, that you’re receiving it in the way that you expect and
that you have information around that. Those are the pieces that are
coming forward in those particular acts.
There are also some very minor changes — again, minor language
changes and consistency with the other acts — related to the Speculation
and Vacancy Tax Act as well. I know the member opposite raised his
disappointment that he wasn’t going to see more changes coming forward
to the speculation and vacancy tax.
In fact, I had a very good meeting with the mayors across the
province who are impacted and who live in the areas that receive the
speculation and vacancy tax. We had a very good discussion. It would be
no surprise to anyone in this House that there are mixed views around
the mayors’ table. But it was a very good opportunity to be able to
share the data that we had. The mayors shared their data as
well.
There are certainly some mayors who are keen to not be part of the
tax. There are mayors who asked to be part of the tax and, in fact, are
looking at additional support for their own municipalities to look at
vacancy rates. In fact, that information will come back now to the
Ministry of Finance, and my commitment is that by the end of the fall,
we’ll look and see if there are any kinds of improvements that need to
be made. That work is underway, and I certainly thank the mayors for the
time that they took in what, I believe, was a very productive
opportunity to hear from them directly.
Just a minute on taxes. I think people often forget, when you’re
talking about taxes and tax acts, what taxes really do for our province
and for the people of our province. I think it’s just, again, another
reminder about how important it is that we have the opportunity to be
able to raise revenues that provide a more efficient program and service
for many people in our province.
I often say that I think most people expect their governments to
take care of their money well. They expect programs and services, when
they need them, to be there for them. Those are kind of the basic
principles that they expect.
Again, people need programs and services at different times in
their lives. When your kids are going to school, you’re very involved in
the education system, and you think about that. When you have a family
member or a community member who may be ill and is in the hospital or
accessing medical services, you think about your tax dollars to pay for
those kinds of programs and services. Post-secondary education, seniors
care — all of those kinds of areas are touched by taxes.
I think often “taxes” has become a bad word for people to describe
resources that come to the province, but in fact, those provide services
and supports for all of our citizens in our province. I think that’s
why, again, I come back to the importance of these amendments that may
seem small but ensure that people get access to programs and services,
timely information and consistent information across the
board.
Just three other pieces I want to speak on quickly on this act, as
well, that I think are important, that are part of the Miscellaneous
Statutes Amendment Act. One of them is the changes to the Assessment
Act, which will encourage the use of solar panel plants and expanding
solar panel plants. What this piece of the act, in fact, will do is
change the definition of “power plants” to include solar. It expands the
opportunity to be able to ensure that solar plants will have the same
access to exemptions around clean, renewable power and, hopefully, spur
on more of an opportunity.
[2:45 p.m.]
This is part of the CleanBC direction that we are taking as a
province that we very proudly have been working on with our minority
partners to be able to provide a very clear path to say that we have a
responsibility, as government, to address climate action, and we are
doing that.
Again, while this amendment may not seem like a large amendment,
to actually include, in “power plants,” solar power, I think, is a very
big step and an important step in looking at how we provide support for
industry, for new industry, for the direction where we can both be
creating jobs, doing our part to grow the economy, and making sure that
we’re protecting our environment and doing our piece there.
The second one that I want to touch on quickly is the issue of the
Motor Vehicle Act and the changes that are being made here. These
changes that are coming into place are going to establish a regulatory
framework to allow increasingly diverse modes of transportation. This is
an interesting piece for me because I had a constituent about six or
seven years ago now, a senior citizen, come into my community office,
who had just moved into the community of Victoria from another
jurisdiction across the country and who used a Segway.
I think people might be surprised to think of a senior citizen
using a Segway. It might not be the demographic that they might imagine
would be using a Segway, but the woman was passionate about her Segway.
She was passionate about utilizing it. It provided her with an
opportunity to be able to transport herself, to be able to manage in a
way that she couldn’t on foot anymore. She wasn’t ready for a mobility
scooter yet. That wasn’t where she wanted to go.
She was very keen. We had lots of discussions with the city; we
had lots of discussions with the province at the time. There wasn’t any
way to be able to work it out, because it didn’t fit in the Motor
Vehicle Act around licensing. It didn’t fit. It didn’t have a place to
be able to go.
I think it’s, again, a very interesting piece, although people may
brush aside miscellaneous statutes bills, to provide an opportunity for
those devices that don’t fall within the act right now. To be able to
look at pilots so that we can try out those
definitions and see if they
fit, making sure that we have an opportunity for both pedestrians and
vehicles — whatever kinds of vehicles they may be — to operate safely, I
think, is a very exciting piece.
I certainly know that my constituent, who was passionate about
this issue, would be thrilled to know that we are continuing to look at
this as government and that there’ll be opportunities, she would hope,
certainly, in the future to be able to utilize her Segway and be able to
navigate in Victoria in the way that works for her.
Then the last pieces that I want to touch on are the changes to
the Employment and Assistance Act and the Employment and
Assistance for Persons with Disabilities Act. The minister spoke very
passionately about the work, and I want to say thank you to the minister
for the work that he’s done on bringing forward a whole range of
amendments, including these pieces that we’re talking about today in
this bill.
I think that we can’t underestimate the impact these changes will
have not only in substance but, even more than that, in the respect that
they show for people who are living in poverty and who are living with
disabilities. Often the changes — in fact, many of these changes that
have come forward — aren’t huge, huge cost items, but they make a huge
difference when it comes to treating people with the respect and the
dignity that they deserve and that they haven’t had because of many of
these changes in the act.
Again, I come back to my own constituents. I have a constituent
named Doreen Gee who has advocated, ever since I became an MLA in 2005,
for ending the need for people on income and disability assistance to
get early Canada pension. They’re required to take benefits at 60, and
that, as the minister has said so well, in fact reduces down the amount
that they have for the rest of their life, in their pension. That
challenge, that being treated differently, that not being able to make a
choice because it was an individual who lived in poverty…. She has done
an incredible job of advocating on this issue, along with many others in
my constituency who have come to my office over the years to raise their
concerns.
[2:50 p.m.]
This Miscellaneous Statutes Amendment Act changes that. It
provides the respect for people that they deserve, and it’s an
extraordinary change. I think, again, of the two-year independence rule
required for young people before they could access income assistance.
Again, I know very few people who could explain to me what kind of sense
that made. Most people are coming for income assistance because they’re
facing huge challenges, facing difficulties in their lives. To expect
them…. Then to say, “Go and fix it for two years. Go and look after
yourself, and then come back for services and supports,” makes no sense
and certainly doesn’t make sense to the people who are struggling the
most in their lives.
Again, people who are cut off assistance because they’re homeless
or at risk of homelessness. Basic common sense would say that people are
coming to income assistance because they’re having challenges, because
they’re struggling and having difficulties. If they were able to have
those difficulties go away, they would do it. There’s not a lot of
dignity for a lot of people who struggle on income assistance, who end
up having to use food banks, who end up struggling. This, again, just
provides the kind of respect and dignity that those individuals
deserve.
I think it’s also important to note…. Again, I think it speaks to
the change that we’ve seen in the government and a change in approach.
Again, I say thank you to the minister.
People with lived experience helped create these. People who have
lived in poverty or are living in poverty or are living with
disabilities helped create these changes. That speaks to that respect
for individuals and how important that is and what a difference it can
make in someone’s life when they have the opportunity to talk about
their experiences and to make a change for the better for themselves and
for other people. It’s not going to make a difference for people who had
to take early CPP. But those people were fighting for the next
generation that came forward and didn’t have to face that.
I think, just in closing, I want to say that I’m in full support
of the amendments that come forward. I just want to end with a reminder
that sometimes when members on the other side have talked about
miscellaneous statutes amendment acts and bills not having the kind of
important pieces and important work that we do as members of this
Legislature, I think this bill is a perfect example of how important it
is to recognize that good government and serving the people of this
province, all the people of this province, is part of our
jobs.
It may not get the headline. It may not be the top news story of
the day. But it can make a huge difference in people’s lives, and it is
part of our work. I’m very proud to be part of a government that is
doing this kind of work.
S. Furstenau: I’m happy today to be speaking to Bill 35, the Miscellaneous
Statutes Amendment Act. Before I get to my prepared notes, I just want
to speak to some of the things that the Minister of Finance has just
raised and to note that I found many of her comments to be quite
inspiring. I thank her for them.
The minister was speaking, at one point, of taxes and the role
that taxes play in a society. I think that when we are here in this
place, and when we are in these roles that we are in as decision-makers,
we have to recognize that our work is always about asking ourselves:
what is the society that we want to be creating? The decisions that we
make in here and the places we put money, where we invest, determine the
nature of our society into the future. We have to be constantly
grappling with where we want to be going.
And the job is never done. We’re never there. We’re never
finished. There are always going to be new issues to solve. There are
always going to be reasons for us to be doing better work. There is
always going to be new evidence and new data that will help us inform
our decisions so that we’re making good decisions and that we’re
recognizing that, as a society, as the minister was pointing out, we are
made up of individuals, but it is collectively that we do our best. So
of course, we want a society that puts education and well-being of all
people, particularly vulnerable people, at the centre of our
decision-making.
[2:55 p.m.]
I just want to commend her for her comments and to note that I
appreciate the thought that has gone into recognizing that, yes, it’s a
miscellaneous statutes amendment act, but it does amend important pieces
of legislation, and it does bring in important changes that the
government has recognized need to be addressed.
The bill before us today does many things. I’m going to speak to
just a few of the items that I believe deserve some significant
attention.
First, I want to reiterate that First Nations, Indigenous
communities, have the inherent right to care for their children in their
communities. The government has said that First Nations requested the
amendment during their consultation on Bill 26, the amendments that are
in this act. As these amendments allow for more flexibility in providing
support and preventative services to families in need, it is integral
that Indigenous communities have the ability to look after their
children and deliver a broad range of services to their communities. For
that reason, I’m supportive of the changes to the children and family
services act that are in this bill today.
Secondly, the changes to the Employment and Assistance Act and to
the Employment and Assistance for Persons with Disabilities Act make a
number of changes to help vulnerable people access social services and
assistance. These are changes that are, as the minister just pointed
out, long overdue, and many of what’s before us in this bill are the
legislative changes that are needed to implement the province’s poverty
reduction plan.
Many of these changes may seem small, but they will make a
significant difference to the well-being of those who are receiving
social assistance. Many of the rules in place today are not based on
evidence, and they do, in fact, harm the dignity of British Columbians
who are receiving assistance. In particular, I was very happy to see
that the two-year independence rule for vulnerable youth is being
eliminated. B.C. was the only province to have this rule, and it
unnecessarily penalizes young people who are in need.
I also welcome the fact that we are moving to a more humane and
commonsense approach to how we offer assistance to those who are
experiencing homelessness and those who are at risk of becoming
homeless. Since 2002, we have been able to remove people’s income
assistance if they’re unable to produce documentation to prove who they
are. This can be a huge problem for people experiencing homelessness,
who may not have the same records or access to bank accounts that so
many of us take for granted. With these changes, there will be more
options for ministry staff to work with those experiencing homelessness
who aren’t able to produce adequate documentation.
It was already announced in TogetherBC earlier this year, but
another major change is the fact that we will now stop penalizing people
for failing to pursue early CPP benefits. Right now you have to pursue
early CPP, but if you pursue it, you get a reduced rate for the rest of
your life. This is an important change that will improve the financial
security and stability of low-income seniors.
As I’ve spoken about before, these are important improvements to
our system of social assistance. They make it less punitive and fairer.
But we still operate in a system where we penalize and micromanage
low-income and vulnerable people and where we treat poverty like a
problem to be managed rather than to be solved.
We must put the dignity and well-being of people, all people, at
the core of our decision-making. That is why I still believe there is a
deep need to explore basic income, which is based on the principle that
all people should have income security, all should be able to meet their
basic needs, and we shouldn’t force people to jump through hoops just to
be able to provide for the basic needs of them and their families. So
while I support the improvements and I applaud the improvements that are
before us today, I will continue to advocate for government to pursue
basic income, first through responding to the basic income panel report
that we will see later this year and then by using pilot projects to
test the idea in B.C.
Finally, there are changes to the Professional Governance Act
which will allow regulatory bodies to increase annual membership fees to
ensure that they have resources to transition to the new provincial
governance legislation during the next year. This is something, I
understand, that the regulatory bodies have indicated is needed, and I’m
happy to support these changes.
Mr. Speaker, I thank you for the opportunity to speak to this, and
I appreciate the changes that are being brought in.
[3:00 p.m.]
L. Throness: It’s a pleasure to speak today to Bill 35, which is the
Miscellaneous Statutes Amendment Act. I’m going to speak to one
section
of it, and that is
section 19 of the bill, which amends the Trespass Act
of B.C. It adds a monumental change to the act. It adds a single word,
the word “airplane,” to the Trespass Act. They could not have made a
more minimal change unless they had inserted a comma. This is the
absolute bare minimum that they could do in opening the Trespass
Act.
The passage of legislation in this House is an opportunity for
change. There are about 140 hours of legislative time in this fall
session. That’s not a lot of hours. House time is precious. It’s
difficult to find House time. Yesterday the NDP gave up 2½ hours of
House time. That’s almost 2 percent of the entire fall session that they
gave away because they couldn’t find anything to talk about. We could
have been talking about this yesterday, but we didn’t.
The point I want to make here is that House time is precious. When
we open up
an act, which is a very seldom done thing, we ought to take
the opportunity to make some significant changes to the act. Instead,
we’re adding one word to the Trespass Act, and I don’t think that’s good
enough.
Today I want to talk about a missed opportunity. I want to address
an emerging situation on the ground in B.C. I want to begin by
describing a visit I had with a couple of constituents this summer. I
visited Creekside Dairy, where Julaine and Johannes Treur operate a
dairy farm in Agassiz, in my riding. Johannes is a fifth-generation
dairy farmer.
It is a beautiful farm. When I went on the farm, over the door
there’s a sign that says: “Certified by the SPCA.” It is the only farm
in Canada that is certified by the SPCA, where the SPCA lends its logo
and its reputation to this farm as a supporter of healthy animals. These
people really care about their animals.
I want to add, as an aside, that farmers across B.C. have a vested
and financial interest in caring for their animals. For example,
mistreated cows do not give a lot of milk. It is in the interest of
dairy farmers to have a herd that’s healthy and happy and well
fed.
When I used to milk cows for a farmer in my youth, we had a
milking parlour, and we would have soft music playing in the milking
parlour. You weren’t allowed to talk while you were milking the cows.
The cows got treated better than the hired hands. Why? Because they gave
more milk. It’s in their interest to do that. So it’s very unusual for
farmers to mistreat their animals.
Anyway, back to my visit. The Treurs are also a certified organic
farm. They follow all of the laborious regulations and requirements so
that they can certify their milk as being organic. I cannot imagine a
better model for a dairy farm that would be acceptable to people who are
concerned about animal welfare than Creekside Dairy.
Creekside also appreciates transparency. So Creekside has a
Facebook page. They want to be open to the world. They want to open
their farm up. They’re proud of what they do. They want to show off what
they do. For that, they have been attacked on Facebook by those who are
opposed to any farming that involves animals. Julaine showed me some of
the messages that she has received on Facebook, and it was shocking.
Many of them said things like, “I want to cut you up with a chainsaw,”
and things like that — just absolutely unbelievable messages, vicious
and violent things. I couldn’t believe my eyes when I saw
that.
The Treurs had to block 1,200 Facebook accounts that posted nasty
messages on their Facebook page — 1,200. That’s a lot of Facebook
accounts. There was an outpouring of vile accusations and insults and
threats directed against them, and it scared them. They live at the end
of a road in Agassiz. There’s not a lot of traffic that comes by. They
have small children. Now they say, they told me, that they’re watching
over their shoulders on every vehicle that comes near the yard. They’re
wondering: is this a neighbour, is this a friend, or perhaps is this one
of the people who commented on Facebook? Maybe it’s an enemy. Maybe it’s
someone who wants to occupy their farm or sabotage their farm or wreck
equipment or worse.
You just never know, Mr. Speaker. They have good reason to fear
because there are farms around Canada and the U.S. that are being
trespassed, that are being occupied by protesters who want to shut down
animal farming.
I would point out here that we have nearly five million people in
B.C. A small minority of them are vegan. I don’t have a problem with
vegetarianism or veganism. That’s all fine. That’s a personal choice. I
would support every person’s personal choice as to what they
eat.
[3:05 p.m.]
In my riding, we supply a good deal of the milk that’s consumed in
B.C. We have at least three of the largest dairy farms in Canada. We
supply beef and pork and eggs. We raise fish in land-based facilities
and an enormous amount of chicken and other birds. That’s important
protein, a source of food for well over four million people. A tiny
minority of ideologues feel justified in carrying out these trespasses
in a moral crusade to shut down this source of protein for everyone, and
they aren’t about to engage in the democratic process to do so, probably
because their views are not a reflection of a large number of people.
Instead, they engage in condemnation and insults. Even more threatening,
they are now physically, forcibly intruding onto the private property of
farmers around Canada and in the States.
Now, I’m a strong proponent of rights, as you know, Mr. Speaker.
People have and should have the right to protest what they want,
whatever they want. But everybody has rights, including farmers. Let the
right to protest happen on public property and give farmers the right to
their private property as well.
I want to give you, Mr. Speaker, a few examples of what has
happened just to show you what kind of an opportunity we’re losing here
today to make real, positive, significant change in the bill before
us.
In Alberta last month, in the early hours of Labour Day, dozens of
animal rights activists invaded Jumbo Valley Hutterite Colony, near Fort
MacLeod. The Hutterites are legendary in their skill in farming. I used
to work for the International Harvester Credit Corporation many, many
years ago. People would come in, in Manitoba. Hutterite colonies would
come in. They would buy combines, multiple combines at once, in cash.
Everybody knew that they were the best farmers around. They care about
farming. These people care about their birds — in this case, a turkey
farm. This particular farm is a free-range operation.
Some activists stood on the highway, but about 30 of them forced
their way onto the farm and occupied the farm and shut down the farm for
six hours. The rules of biosecurity were ignored. These activists could
have brought any disease at all into the farm, and it could have spread
to other farms. They didn’t care about that. They left with five
turkeys, which they said they were giving to an animal sanctuary. I
think they probably ended up on somebody’s dinner table
eventually.
In any case, there were no arrests. As yet, there have been no
consequences. Instead, they achieved all of their purposes. There were
six hours of negotiation by police. They shut down the farm for the
better part of a day. They basically forced the farmers to give them
animals that weren’t theirs. They were able to get national and even
international media coverage. They were able to trespass on private
property with impunity.
This is not an isolated event. This is a movement. Let me list a
few other things activists have done. They chained and superglued
themselves together outside of a Whole Foods store, not too far from
here, in San Francisco on September 30. But in the States, they take
trespassing more seriously, and the police arrested those
trespassers.
A number of activists chained themselves to a city hall in San
Diego, shutting down the building for a number of hours. I want to quote
what one activist said. This activist said…. “‘It’s a big step to stop
everyone eating animals, so they’re not going to go quite that far,’
said one demonstrator. ‘But what they’re trying to do is at least give
those animals the right to be rescued.’” Well, many activists do want to
shut down all animal farms, but the right to be rescued is a wide-open
door for activists to trespass.
Last year in Utah, five animal rights activists from a group
called Direct Action Everywhere took five piglets from a large farm.
They say they rescued them. But really, they stole them under the guise
of animal cruelty, which, of course, the owners of the farm hotly
dispute.
Closer to home, much closer to home in Abbotsford, Excelsior Hog
Farm was occupied late last April by about 200 people. They called
themselves animal liberation activists. Some people, again, stood on the
road, and others ran onto the property and occupied it. In addition,
they offered video of the inside of the barns, which proved that they
had already clearly trespassed on the farm previously.
Now, Abbotsford is very close to home for me. There are many
farmers and farm families I represent. Chilliwack represents the highest
farmer seats next to Abbotsford in B.C. — the two largest farming areas.
It threatens jobs, livelihoods and families in my riding. It threatens
an important source of protein for the people of B.C. This is serious
and important, and the government is ignoring it.
[3:10 p.m.]
No one would countenance cruelty to animals. No one wants that. We
all agree. But the charge of cruelty is a wedge issue that activists
will falsely use to get to their wider goal, which is to eliminate
animals as a source of protein.
What’s our government doing about this threat? We have a one-word
change to the Trespass Act to add airplanes to the list of things that
can be caught by that act. How many people trespass on an airplane?
Maybe one every five years or so? But here we have an imminent threat to
farms, just from last April, right in B.C., in processing facilities and
stores across B.C. The government is ignoring what’s actually happening
on the ground so that they can pass a one-word amendment to the Trespass
Act. This is a huge lost opportunity.
What are other governments doing? Let me talk about that for a
moment. Australia is doing something, and they’re doing something
significant. The government made an election commitment to protect the
privacy of farmers and has followed up by introducing legislation to
make it a criminal offence to incite another person to trespass on
agricultural land, with a punishment of a year in prison. Anyone
actually caught trespassing on a farm will get an immediate $1,000 fine.
They are protecting the rights of farmers. The Australian government is
protecting a major food source for millions and millions of people in
Australia.
What are other provinces in Canada doing? Well, in Ontario, the
Agriculture Minister has publicly said that he is considering protecting
farmers and farms through legislation, because there have been several
high-level protests there. Ontario is going to move to protect its
farmers.
In Alberta, just a few days ago, the Premier announced strong new
legislation. He did so on the site of Jumbo Valley farm, the Hutterite
colony which was invaded just a few weeks ago. Alberta is going to beef
up its trespass act to specifically address trespassing on agricultural
land. And he’s going to introduce penalties under the act, up to $10,000
for a first offence and $25,000 for a second offence. Repeat offenders
could face up to six months in jail.
Then there’s a
section on biosecurity. Penalties for trespassers
who breach biosecurity protocols on agricultural operations will
increase, up to $15,000 for a first offence and $30,000 for a second,
with the possibility of a year in jail, because of the huge consequences
of a breach in biosecurity, bringing in a disease which can kill
millions of animals, which we experienced in the Fraser Valley some
years ago. I’ll talk about that in a minute. It’s a threat to the entire
industry.
Alberta is taking real action. As a result…. There may be protests
on public land, and that’s fine. But sources of protein for the public
and the rights of individual farmers and the rights of individual
landowners will be protected by the government of Alberta. I applaud
them on that.
Our government is not learning from our neighbour’s leadership, so
we get nothing from our government. What we need are amendments to the
Trespass Act that do the following.
First, we need to have a separate provision in the Trespass Act
for food and food processing, such as packing plants, to address the
protection of our food sources and our farmers. Second, we need to put
in place strong penalties that will deter activists. We don’t want to
levy those penalties. We don’t want to slam anyone with them. We want to
prevent and deter that kind of behaviour so that public protests will be
confined to public land. Third, we need separate penalties for those who
breach biosecurity, because we know that someone who brings a disease
onto a farm can threaten the entire industry, not one farm
alone.
I was in my riding in 2014 when we had an outbreak of avian
influenza that literally went viral in the Abbotsford and Chilliwack
area. I went to visit the CFIA war room that they created. They created
a war room in Abbotsford. They flew people from all over the country. It
was December. People were interrupting their Christmas plans to be there
— experts from all over the country. The room was filled with 30 or 40
highly paid people, top officials.
It was a huge issue. They had to create different zones. They had
to quarantine farms. There was a huge amount of lab work. There were
8,400 tests of samples collected of different birds from around so that
they could diagnose whether these birds were ill. They had people going
to farms in hazmat suits. They were destroying birds in large numbers.
They were disinfecting premises. In the end, 140,000 birds were
destroyed, and countries closed their borders to our trade.
[3:15 p.m.]
The ramifications of a biosecurity hazard are far-reaching for all
of Canada. The government needs to address this issue. It was a huge
issue at the time, enormously costly to the industry and to the
government. We need to prevent that possibility through legislation.
Instead, the government is protecting airplanes today. Instead of doing
what they ought to be doing, the Agriculture Minister has done nothing.
She should be acting in support of the industry. I haven’t seen her get
up on this at all. She’s not said a word.
Why would that be? I think I can tell you why the government is
doing nothing. The NDP caucus is divided. There are so many
environmental activists within the caucus and influences upon the caucus
that they dare not disrupt the status quo. So many sympathize with the
activists that those activists are able, by far, to exercise hegemony
over this caucus to ensure that the government will do nothing. One day
the entire farming community, all Canadians, could be sorry because of
it.
It would remain to a B.C. Liberal government to take action to
protect sources of protein and farms, farm premises, food processing
facilities and farm families. I think that farmers across B.C. can rest
assured that should we be given the privilege of governing again very
soon, we will take the lost opportunity being squandered by the NDP
today. We would act to protect them.
Hon. M. Farnworth: It’s my pleasure to rise and to take my place in the debate. I
listened with interest to my colleague across the way, to his comments.
On many of them, I go: “Okay, yeah. Those are some very good points.
Those are some very good points that you made.” But then there were
others points that he made that…. Well, to quote my long-deceased
grandfather, he would’ve just said, “Bollocks,” because there was a lot
of nonsense there. There was a lot of nonsense there.
Division on the idea of protecting against cruelty to
animals? Nonsense. Absolute, utter nonsense.
What I really take issue with in the comments of not only my
colleague who spoke a moment ago but other members on the opposition who
have spoken, in terms of the bill that we’re debating before us, which
is a miscellaneous statutes amendment act….
Why is it called a miscellaneous statutes amendment act? It amends
a number of different acts that, in a way, require specific amendments
to a specific
section of a bill but don’t qualify to be introduced as a
stand-alone amendment. Yet what we’ve heard from the opposition is that
somehow this is a waste of time, that debate time is precious. “Why are
we doing something like this? Something should be more
substantive.”
Well, I’d like to remind the member — he talked a moment ago about
lost opportunities — about the lost opportunities of 16 years that they
had when they could have addressed many of the issues that he talked
about. I know he doesn’t want to hear, but perhaps he could explain why,
for example, in 2016 there was no fall session. In 2013, there was no
fall session. In 2012, there was no fall session. In 2010, there was no
fall session. In 2008, there was a fall session for three
days.
Now, I understand he doesn’t want to hear that, but that’s a fact.
That’s a lost opportunity. That was a lost opportunity to deal with the
issues that he says are so important. But what was the response of the
government of the day? What was the response of the
government?
Interjection.
Hon. M. Farnworth: I’ll come to that in a moment, Member.
What was the response of the government of the day about not
sitting in the fall session? Well, let me just quote. “The government
doesn’t wish to advance any legislation” was the official position of
the government at the time. Another year they said: “We’re not going to
incur the expense of having the Legislature sit to simply have the
Legislature sit.”
Interjection.
Hon. M. Farnworth: Oh my god, listen to that. Listen to that comment. After the
passionate speech from your colleague across the way who said that we
should be sitting to pass legislation, you then say: “Oh, we shouldn’t
be sitting because we’re not spending money.” My god. Talk about
divisions in a caucus, hon. Member. It’s illustrated right
there.
Interjection.
Deputy Speaker: Member, through the Chair.
[3:20 p.m.]
Hon. M. Farnworth: Through the Chair.
It’s really simple, Member from Langara. You don’t like to sit in
the fall, and when you’re asked why you don’t like to sit in the fall,
you say….
Interjections.
Hon. M. Farnworth: I’ll come to that in a moment.
Interjections.
Deputy Speaker: Members, the Solicitor General has the floor.
Interjections.
Hon. M. Farnworth: The term was “bollocks,” not “bullock.”
Deputy Speaker: Members, calm down.
Hon. M. Farnworth: We’ll do the math.
Thank you, hon. Speaker. As the member said, we’ll do the math.
It’s really simple: zero days in many, many years when they had the
opportunity to sit in the fall.
Yesterday again…. The member clearly doesn’t know and the other
member clearly doesn’t know that when a bill is tabled, you don’t debate
it the same day unless by leave. That side of the House is the first one
to say….
Interjections.
Hon. M. Farnworth: Actually, you’re incorrect. The bill that was on the order paper
was, in fact, what we debated yesterday. Your side chose not to ask….
You chose not to ask the questions that you could have asked.
Interjections.
Deputy Speaker: Member.
Hon. M. Farnworth: By the way, hon. Member, you may want to talk to your House
Leader. We both agreed that when we had finished the bill, depending on
what time it finished, then we would adjourn. So to hear them say, “Oh
my god, we’re not filling the time….” We will fill the time, hon.
Member.
I hope you’ll remember those comments come Thursday at…. Let’s
see. Usually, what time do you start asking me? About 5:30, 20 to six.
“Can we adjourn the House early so that we can catch the ferry or our
plane home?” Remember that on Thursday when you start to do that, when
you start doing that.
Interjections.
Deputy Speaker: Members. Members. Order, please.
Interjections.
Deputy Speaker: Order. Order.
Hon. M. Farnworth: If you want to talk about adjourning….
Deputy Speaker: Let’s come back to the bill.
Hon. M. Farnworth: If they want to talk about time not being spent in debate, just
remember that on Thursday.
Interjections.
Deputy Speaker: Minister, just a second. Let’s have some order.
Hon. M. Farnworth: Thank you, hon. Speaker. Anyway, back to the main thrust of the
bill, which, again, they seemed to have a problem with — that somehow
debating a miscellaneous statutes amendment act is something that is a
waste of time. They don’t think that it has the gravitas or the
substance that they themselves think a piece of legislation would
have.
Interjection.
Hon. M. Farnworth: Oh, you most certainly did. Go back and read some of the comments
that were made by some of your previous speakers about: “Why are we
debating a statutory amendment act like this?” They made it pretty clear
that they didn’t think that this was a significant piece of
legislation.
I’d like to go through, for the member’s edification, just a
number of the key elements of this piece of legislation and why they may
not think that they’re important. We do think they’re important, because
parts of this act…. One of the changes under the Miscellaneous Statutes
Amendment Act, which proposes to change amendments to 17 acts…. One of
the highlights is the Employment and Assistance Act and the Employment
and Assistance for Persons with Disabilities Act.
Now, what does this do? Well, for example, it includes ending the
need for clients to pursue early Canada Pension Plan retirement benefits
before the age of 65. You know what? It’s making people’s lives easier,
making people’s lives more affordable. They may not think that’s
important — and for 16 years, they clearly didn’t think it was important
— but we do think that’s important.
Does it require a massive bill to make that change? Does it
require a 25-page piece of legislation to make that change? No, it
doesn’t. All it requires is some simple amendments to existing
legislation, something that they could have done in one of those years
of those fall sessions that they never held. Talk about wasted time.
Talk about wasted opportunity.
They could have made people’s lives better, but they chose not to.
They chose not to, and the excuse usually given was: “We don’t wish to
advance any legislation.” Or it was referred to one year as “busywork.”
Busywork, hon. Speaker. They may think that bringing in amendments to
make it easier for people with disabilities, to make their life more
affordable, is busywork. We don’t.
[3:25 p.m.]
Another aspect of the amendments on this particular
section is
that they will protect vulnerable youth by eliminating the two-year
independence rule as a barrier to receiving income assistance. Again, a
fairness issue — helping people get on with their lives, helping the
most vulnerable.
Again, the opposition likes to talk about how they care about that
or they want to make changes, but the reality is that, as we’ve seen in
the past, they either took action such as clawing back bus passes or —
you know what? — a fall session is “busywork.”
Well, we don’t think a fall session is busywork. That’s why we
committed to having a fall session, and that’s why we’re following
through on that commitment by having a fall session — the second. We had
one last year, in our first year in government, and we’re having another
one this year in government. We’ll have another one in the next year of
government, and we’ll have another one in the next year of government.
And when we get re-elected to a second term, we will have a fall session
each and every year.
Interjection.
Hon. M. Farnworth: Now, we can go into a lesson on how parliament works for the hon.
member, to an understanding of how the parliamentary system works, but
clearly, I don’t think that there’s enough time in this chamber to
explain it to the member. That is that — guess what — we won. We’re over
here. They didn’t. They’re over there. It’s our intention, through the
policy work that we’ve been doing as government, to ensure that that
continues. But I digress.
Another element of this particular piece of legislation. Again,
the Family Maintenance Enforcement Act — changes which support families
by clarifying that child and spousal support provisions in a family law
arbitration award can be enforced through the family maintenance
enforcement program. Again, is that busywork? Does that strike you as
busywork? The idea that somehow you’re going to make a family
maintenance award, in the case of child custody, in the case of ensuring
that maintenance is paid to children — is that busywork?
To follow the logic of my colleague who spoke previously, he had
16 years to do that. They had 16 years to do that, and they didn’t,
because it wasn’t a priority. Because again, as I like to quote, “The
government doesn’t wish to advance any legislation,” as the B.C.
Liberals said on Sunday, the 16th of September, in 2008, for example —
or as they again said in a previous year, referring to the House as
“busywork.”
Well, we think these kinds of changes, which are minor in the
sense that they don’t need a huge amount of drafting to take place or a
significant stand-alone bill but come to this House in the form of a
miscellaneous statutes act, are absolutely worthy of the consideration
of this House and absolutely worthy of the debating time of this House,
which is what we’re here for. That’s why we’re proud to bring this
forward.
The Public Interest Disclosure Act — amendments around that. They
would enhance whistle-blower protection for public servants and
government contractors by clarifying what constitutes a reprisal and
confirming the act’s paramountcy over the disclosure provisions of other
legislation.
The bill would also add the new office of the Human Rights
Commissioner to the definition of “office” and correct cross-referencing
errors.
Interjection.
Hon. M. Farnworth: You know what? I listen across the way to the heckling, and again,
it comes back to: what are they so opposed to? Enhanced whistle-blower
protection for public servants — something that never, ever would have
occurred to them when they sat on this side of the House, when we saw
what would happen when someone who worked had a computer keyboard
grabbed away from them and were told: “You will do as I say, or you are
gone.” That was the approach that was taken under that side.
[3:30 p.m.]
[J. Isaacs in the chair.]
I could say: “Delete, delete, delete.” But I know that’s been done
to death. So maybe I’ll use the word of the day, which is…. They may
think it’s busywork. They may think that making change is busywork. They
may think improving people’s lives is busywork. Guess what. We think
it’s essential. That’s why this bill is here, and that’s why we’re going
to vote in favour of it. It will be interesting to see whether they back
up their rhetoric, whether they vote against it or whether they side
with the people that this legislation is going to impact and vote in
favour of it.
Other areas in this act. The Assessment Act. Supporting clean
energy with amendments that would include solar power plants in the
definition of “power plants,” allowing them to be assessed in the same
way as other independent power producers and ensure they are eligible
for the same exemptions. These changes will encourage the future
development of solar power plants and tie into government’s CleanBC
goals of using more clean and renewable energy.
Hey, again, a simple, small change in a piece of legislation that
is going to help this province become even more a centre of clean energy
than it has been in the past. Again, that’s not busywork. That’s common
sense. That’s working in the interest of the people of the province of
British Columbia, not just in the interests of a few.
Maybe that’s why they seem to have a problem with fall sessions.
Maybe because if you’ve got the time to do it, you actually could do
amendments like this. You could do the kinds of amendments which, not
huge in terms of drafting time, are significant in terms of the impact
that they have on the lives of people.
Health Care Costs Recovery Act. Proposed amendments would require
defendants in class action proceedings initiated in jurisdictions other
than B.C. that include health services claims to provide written notice
to the provincial government. This would allow the government to be
aware of class actions, including those launched outside of B.C. that
include personal injury claims of British Columbians.
The Child, Family and Community Service Act. Minor amendments that
would clarify the intention that Indigenous communities have the ability
to plan for all their children and youth in care. It would also clarify
the intention that Indigenous communities are able to deliver a broad
range of supports and services to their children and families, as well
as to children who identify as non-Indigenous or members of other
nations.
If anything is more important in terms of families and kids, it’s
ensuring that they have the opportunity to grow up within their families
and that the services that they need and require, particularly when they
are vulnerable, are there for them.
The fact that it is an amendment in a piece of legislation that is
not complicated, that is so important…. Again, the idea that an
opposition would be dismissive of a Miscellaneous Statutes Amendments
Act, I just find incomprehensible. Incomprehensible.
Again, it’s being done in a fall session. With the fall session,
you have the time to be able to do additional legislation. You have the
time to be able to do not just major legislation or a budget, as takes
place in the spring session, but you have the ability to look at things
that — well, let’s be clear about it — for 16 years, were not a priority
of the previous government. Sixteen long years. For many people, 16 long
and bleak years.
That was the record of that government. The fact that we are
introducing legislation to deal with some of the injustices that have
been in place for a very, very long time, and we’re able to do it in a
way that…. You know what? It doesn’t take a huge amount of drafting
time. It doesn’t require a stand-alone bill. It’s a simple amendment.
You have to wonder: well, why wasn’t it done before? Why didn’t they do
this before?
[3:35 p.m.]
As we heard so eloquently from the member across the way: “People
have been waiting.” It comes back to…. I have to go, again, to 2016….
I’ll give them the benefit of the doubt that in 2001, these things
weren’t on their agenda. These things were not on their agenda. They
were busy with the 25 percent tax cut. They were busy with other things.
It was not on the agenda. First Nations issues were not on the agenda
for them.
But guess what. In 2016, a mere three years ago — a mere three
years ago — they could have introduced this. But they didn’t. Why?
Because they didn’t sit a single day for a fall session. We know what
the attitude was. “It’s busywork.” Busywork. Or as was said a few
moments ago: “We didn’t have to spend any money.”
Well, what are we here for? What does the public send us here for,
other than to address the issues and concerns that they have, on their
priorities? Sitting there, to say that if we sat in the fall, we would
be expending money. Well, that’s what we’re supposed to be doing. That’s
what we’re paid to do. People understand that that’s what this chamber
is for.
The idea that somehow, and I’ll read it out again, we wouldn’t
want to bring in amendments that would clarify the intention that
Indigenous communities have the ability to plan for all their children
and youth in care…. You wouldn’t want to do that because you might save
a few dollars by not sitting. If anything says the difference in why
they’re sitting on that side of the House, I think those comments do,
without a doubt.
There are other elements in this piece of legislation that I know
colleagues will be talking to. I’ve talked about that one. I know my
colleague across the way has talked about the Trespass Act, which is
something that’s important to him. I’m glad that he rose and spoke on
that. He has given some really good points in terms of things that may
well find their way into, potentially, other legislation, which may also
come in a fall session, because this side of the House is committed to
doing fall sessions.
Let’s have a look at some of the others — oh, the Motor Vehicle
Act, for example. Proposed amendments would establish a framework that
will enable the use of increasingly diverse modes of personal
transportation. These amendments will create regulations for communities
to test out pilot projects surrounding emerging mobility technology,
such as e-scooters, Segways and more. These changes would clarify how
devices are to be regulated and are in alignment with the government’s
active transportation strategy aimed at reducing greenhouse gas
emissions and supporting multimodal forms of transportation.
Again, it’s a minor amendment, but what it does is it
reflects the fact that our world, when it comes to technology, is
changing so very, very fast, changing very fast. People who were
restricted in their mobility before are finding increasing methods of
transportation to get around — personal devices.
We have companies coming to us that want regulations to change so
that the innovations that they’re developing — many of those innovations
taking place right here in British Columbia, in this province…. It would
allow them to advance their technology, bring their technology to the
public, establish jobs and establish innovation. In many cases, what it
requires is a minor amendment, a small tweak here or a small tweak there
that will allow something to happen.
[3:40 p.m.]
Again, too often those are the kinds of things that get lost
because they get subsumed by…. Well, who can forget Red Tape Reduction
Day? Remember that? We have Remembrance Day as a statutory day in this
province. We have Holocaust Memorial Day as a solemn day in this
province. We have Terry Fox, a solemn day in this province, recognized.
And a priority of the government? Something called Red Tape Reduction
Day. Not just a proclamation but “a solemn day.” That was a huge item on
their agenda.
Interjection.
Hon. M. Farnworth: No. They clearly didn’t think that was busywork. But I ask you.
I’d be really interested. If you went out to the public and you asked
the public: “What’s more important? Let’s make Red Tape Reduction Day a
statutory holiday. Or how about we bring in legislation that protects
Indigenous kids? Or how about we bring in legislation that ensures that
a family maintenance arbitration order is enforceable?” Which would they
say is more important?
Well, if they want to know why they’re sitting over there, I think
that would answer the question, because I think the priorities of the
public and the priorities of British Columbians would be with ordinary
families trying to get by, with ordinary families wanting to make an
improvement. Not something that….
I could imagine when they go out and they go to a rally and they
stand on the stage and the Leader of the Opposition at the time would be
up there. It would have one of those big megaphone things, the ones that
echo. It would be, “We’ve introduced Red Tape Reduction Day, Red Tape
Reduction Day,” booming throughout their convention, as opposed to: “You
know what? We made life better for Indigenous families. We made life
better for people struggling to raise kids, to ensure that family
maintenance orders are actually enforceable.” Those are the things in
this legislation…. As I said earlier, had they had regular fall
sessions, they’d have been able to do it. They would have been able to
do it.
I know that I have more time, but I also know that there are other
things that I have to talk about, other areas of government that require
my attention. So I will, in a few moments, take my seat and let other
people rise and speak to this bill.
I want to close by saying that just because the title of a bill
says “Miscellaneous Statutes Amendment Act” does not mean for one second
that it is any less worthy of debate in this House than a 300-page bill
of significant policy work, which is also just as important. Because
legislation like this…. While the amendments themselves may seem minor,
while they may not be long and verbose and wordy, they can have
significant impact on the lives of ordinary families, on the lives of
people in this province, on the economic well-being of this province, on
the long-term future of this province.
At the end of the day, that is our job, and that’s why we will
continue to have fall sessions as long as we are government. It’s
unfortunate that they did not have that same approach to governing when
we were on this side.
I just want to close by saying one thing. We will never, ever say
that having a fall session is about busywork. What it’s about is about
people. That’s what this side of the House is all about.
With that, I take my seat, and I look forward to hearing comments
from other members of the House.
[3:45 p.m.]
J. Rustad: Normally, I wouldn’t get up for Bill 35, a miscellaneous act,
unless there was something in the act that pertained particularly to me
as a critic or things that I’m passionate about. But I’ve just heard two
speeches, one from the Minister of Finance and one from the Government
House Leader. I have to say that they spoke passionately about wanting
to be able to support people, passionately about how governments should
be there to help and passionately about food banks and treating people
with respect. And I thank them. I’m glad that they’re passionate about
that.
The reality is this. Just last Friday forest workers, contractors,
had to go and hold a fundraiser and raise $6,000 so that forestry
families that are being ignored by this government, which we could be
talking about this fall, could actually go out and buy some food to feed
their families.
How shameful of this government to ignore the plight of forestry
workers in this province and the challenges that are being created right
across this province because of their policies. They have the audacity
to stand up and say that they respect people and they respect workers
and they respect families, when that is the pain they’re causing.
They’re ignoring it and refusing to talk about it in this Legislature
this fall.
Here is what they call busywork or the work that they figure they
need to get done. Let me just quote: “We were there helping them.” The
member for Powell River–Sunshine Coast…
Interjections.
Deputy Speaker: Members.
J. Rustad: …who ignores the forest industry entirely, refuses to stand up and
actually support…
Interjections.
Deputy Speaker: Members.
J. Rustad: …the workers that are being impacted in his riding.
Interjections.
Deputy Speaker: Member, come to order. Member, come to order.
J. Rustad: Madam, I would ask that he stand and apologize for that particular
comment that he just made. I find that comment that he made in this
House offensive. The member for Powell River–Sunshine Coast should stand
up and apologize for that.
Interjections.
Deputy Speaker: Members. Members, we’ll come to order, please.
Interjections.
Deputy Speaker: Members.
Member, we’ll come to order.
Please proceed, Member.
J. Rustad: Here’s the work that we’re talking about in here. There’s
passionate fertilizer being spread around over there. I get it. They’ve
got to fill the day. But here’s what’s being talked about.
For example, on page 31: “…the definition of ‘motor vehicle’ by
striking out ‘but does not include mobile equipment or a motor assisted
cycle;’ and substituting ‘but does not include mobile equipment, a motor
assisted cycle or a regulated motorized personal mobility device.’” This
is the kind of work that they’re talking about — that is, that they
talked so passionately about doing.
Here’s something even better to talk about, in
section 87, on page
28. It is amended, the definition of “dependant”, by adding “or” at the
end of the paragraph. That’s busywork. That’s good work. I mean, that’s
work that needs to be done.
How about on page 20,
section 65? And it does this at many
different places. It’s striking out the word “provide” and substituting
it with “give.” Yes, yes, that’s important work. And the whole time the
plight of the forestry workers in this province is being completely
ignored.
Interjection.
Deputy Speaker: Member. Member, please come to order.
J. Rustad: The reality is really simple. There are people who really are
hurting in this province, and they look to government for help. They
look to government to be able to step up and to be there. They worked
hard all their lives. They contribute to this society. They contribute
to this Legislature. They contribute to us as a province and as a whole.
They help to improve our quality of life.
They’re struggling, and they need help. They need the support of
government. They need people to stand up and fight. That, quite frankly,
is what we should be debating in this Legislature — a piece of a bill or
a piece of legislation or anything that this government could put
forward to provide some support and assistance for people that are
struggling, like our forest workers, in this province.
On top of it, I just heard from an endless stream of people in the
agriculture sector who are very concerned about Bill 52 and Bill 15 —
serious issues that are impacting them and their families. They want a
government that’s going to stand up and make some changes, as opposed to
creating the problems and the challenge that this government has done.
We could be putting that on the floor to debate. Yet it’s not even on
their agenda, once again hurting the families that help to feed this
province.
[3:50 p.m.]
It is shameful to see that this government is doing that. My hope
is, by standing up and raising this issue and putting a finger on it,
that this government will realize that they need to step up and provide
the kind of support for these workers…. It’s the advocation that we do
on this side of the House that’s so important to try to make sure this
issue gets raised, that it gets in this highlight, so that hopefully,
one day, government will recognize that it actually has to do something
to help these people.
Those are all the comments I need to make on this bill.
S. Malcolmson: By the end of our spring session, we were passing, on some days,
four pieces of legislation a day. The pace of work was astonishing. I
just stepped onto this train while it was already well under speed. It
was encouraging to see how quickly we were able to undo 16 years of
damage and neglect from the previous government, how quickly we were
able to bring, with cooperation along with the Green Party, a lot of
legislation into this House.
Now, this is an example of a whole lot of catch-up work — some of
the smaller pieces of work, but vital to be able to keep the work of
government moving forward and to be caring for people, some of our most
vulnerable communities, and to respond to the calls from local
government partners on what’s not working, unintended consequences from
legislation that we had already passed. It’s quite a
collection.
I’m going to run through a couple of the pieces that are
accommodated or are achieved by the passage of this miscellaneous bill
(No. 2). One is on the theme of protecting B.C.’s most vulnerable
people, addressing a number of commitments of B.C.’s poverty reduction
strategy. British Columbia, famously, was the only province in Canada
with no poverty reduction plan. I’m very proud that our government added
a dedicated minister, and his team are doing that good work to put that
poverty reduction plan in place.
We recognize that there is a huge backlog in my community of
Nanaimo, a lot of people that are really suffering from years of the
social safety net being undermined by the starving of funds and cuts to
the strength of the programs. I recognize and salute the folks that are
working on the front line, that have been really doing hard, hard work —
real shoulders to the wheel — while they haven’t had strong government
partners in place. We’re starting to see some of those changes come, but
there certainly is still a lot to do.
Passage of this bill is going to change people’s lives in a whole
bunch of different ways. One addresses financial insecurity of
low-income seniors. When this bill is passed, it will end the need for
people on income and disability assistance to pursue early Canada
Pension Plan retirement benefits if they’re younger than 65. It’s
important. It’ll make a difference in people’s lives. A second one:
protecting vulnerable youth by ending the two-year independence rule as
a barrier to receiving income assistance. Again, with just the passage
of an amendment, a one-line amendment, this is going to change people’s
lives.
A couple of areas in the definition and
interpretation of the word
“spouse,” something that has certainly seen a lot of evolution over the
last couple of decades. Two changes here. This change will increase the
amount of time that two people can live together in a common-law
relationship before reducing their assistance to the lower couples
support rate.
I’m reminded of my friend Kristal Grace Harm, who took an
opportunity to speak with the Minister of Poverty Reduction, to sit him
down and say: “This is the impact on me and my fiancé of us living
together. We’re afraid to get married because we are barely getting by
on the amount of support that we have right now for people with
disabilities.” So I love that maybe some of her advocacy has made its
way into this. I know how pleased she was to be able to speak with the
minister directly about this.
A second change is providing the singles assistance rate to two
married people who have separated but not yet divorced. That does
sometimes happen in this affordable housing crisis. Sometimes people
will end their romantic relationship but still live together. They’re
still living in the same residence, but independently. This change was
supported by West Coast Legal Education and Action Fund, a fantastic
organization doing really groundbreaking work in our province. I’m proud
of them.
[3:55 p.m.]
Raji Mangat, the executive director of West Coast LEAF, said: “We
are pleased to see changes to the definition of spouse that help in
ensuring that support is not predetermined on the basis of unfounded,
outdated and gendered assumptions about financial dependency in
relationships. This is an important step towards removing prohibitive
conditions in social assistance policy that adversely affect B.C.
residents experiencing or at risk of poverty.”
Another change in this leg