British Columbia Hansard — Wednesday, October 20, 2021, p.m., Issue 110 (42nd Parliament, 2nd Session) (20211020pm-Hansard-n110)
20211020pm-Hansard-n110
British Columbia — Debates (Hansard)
Second Session, 42nd Parliament
(2021) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Wednesday, October 20, 2021
Afternoon Sitting
Issue No. 110
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Introduction and First Reading of Bills
Bill 23 — Forests Statutes Amendment Act,
Hon. K. Conroy
Statements (Standing Order 25B)
Community Inclusion Month
D. Coulter
Semiahmoo House Society
T. Halford
Community action table on homelessness in
Langley
M. Dykeman
Wesley Mitchell and Ivan Paquette
S. Bond
Dialogue Richmond and garbage cleanup
initiative
H. Yao
Small Business Week and shop-local
initiatives
T. Stone
Oral Questions
COVID-19 booster shots for seniors in long-term-care
facilities and community
S. Bond
Hon. A. Dix
Coverage of COVID-19 testing and treatment costs for
immigrants
T. Halford
Hon. A. Dix
Access to safe supply
A. Olsen
Hon. S. Malcolmson
LifeLabs labour dispute and COVID-19 testing
C. Oakes
Hon. A. Dix
M. de Jong
COVID-19 vaccine policies for teachers and school
staff
J. Tegart
Hon. J. Whiteside
Truck driver training and ICBC road tests
T. Shypitka
Hon. M. Farnworth
P. Milobar
Question of Privilege
A. Olsen
Hon. M. Farnworth
P. Milobar
Orders of the Day
Committee of the Whole House
Bill 21 — Miscellaneous Statutes Amendment Act (No.
2), 2021
Hon. D. Eby
M. de Jong
A. Olsen
K. Kirkpatrick
Hon. M. Dean
Hon. B. Ralston
T. Shypitka
S. Furstenau
E. Ross
Question of Privilege
(continued)
Hon. M. Farnworth
P. Milobar
WEDNESDAY, OCTOBER 20, 2021
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers and reflections: N. Letnick.
Introductions by Members
Hon. R. Kahlon: I want to welcome to the House today Andrew Wynn-Williams from the Canadian
Manufacturers and Exporters Association.
This is Manufacturing Week, and the CME is holding a Women in Manufacturing
Success Forum that promotes manufacturing careers for women. B.C. is the only
province that has seen more women enter manufacturing since the pandemic
started than any other province, and a large part of that is due to the work of
Andrew and his entire team.
Please can the House make Andrew welcome today.
S. Bond: I am very pleased today to be able to introduce two guests in the chamber
from Prince George. We don’t often get the opportunity to welcome friends here
because of the distance to travel. Joining us today are Colleen and Jim
Fitzpatrick.
[1:35 p.m.]
I have gotten to know Colleen and Jim over the years and so appreciate
their contributions in our community and beyond. The Fitzpatricks are the proud
parents of three sons, and I know they love being grandparents.
One of their sons, Cpl. Darren Fitzpatrick, served in the 3rd Battalion,
Princess Patricia’s Canadian Light Infantry, and tragically lost his life in the
service of our country as a result of injuries from an improvised explosive device
while on foot patrol west of Kandahar city. Darren was 21 years old.
Colleen has been a National Silver Cross Mother, with Jim and her family by
her side.
Thank you, Jim and Colleen, for sharing your son with our country. We are
truly grateful for you and other families whose loved ones pay the ultimate price.
I am very honoured to introduce you to the Legislature today.
Hon. K. Conroy: I’m really honoured to be able to introduce some guests as well today. Some
have travelled from quite a long way to be here, and some of them are ministry
staff members that I rely on every day.
Chief Troy Batiste of the ?Esdilagh First Nation is with us
today.
Chief, it’s an absolute honour to have you with us here. I know it’s a long
trip from Quesnel. I understand how forestry is incredibly important to your
members, and I’m looking forward to continuing our work together as B.C. continues
to move its forest policy and commitments to reconciliation forward.
I’d also like to welcome, from the ?Esdilagh First Nation, general manager
Jeff Magwood and band coordinator Rhonda Christenson.
It’s a pleasure to have you both with us today as well.
Also with us are some staff members that I rely on — in fact, we all rely
on — to ensure that we use the best science and policies to manage our vital
forest resources. With us is our chief forester, Diane Nicholls. Diane is a
registered professional forester, a statutory decision–maker, a scientist, an
important resource who determines timber harvest levels in the province. She is
also the very first woman to ever hold this position in B.C. and, in fact, the
first woman in Canada to hold this position as well.
Also from the office of the chief forester, we have Leith McKenzie, the
acting manager of sustainable resource management; Rachel Pollard, the acting
director from the resource practices branch; and Ariel Taylor, the acting manager
with Indigenous consultation and negotiation.
I’d like to ask everyone to please join me in making all these guests very
welcome.
S. Furstenau: I have a couple of introductions to make today.
I’m delighted to introduce Joel Sagar, who is a grade 9 student at Steveston-London high
school. Joel emailed me back in August. He said: “I ask you to lift my voice and
other younger voices to the members of the B.C. Legislature about the actions that
our lawmakers must take to lessen the already disastrous impacts of climate change
and protect the future of the next generation.”
I extended an invitation to Joel to come and spend the day at the
Legislature. Very delighted to be resuming the shadow days. Joel has come along
with his parents, Anneke Wijtkamp and Shawn Sagar. Would the House please make
them feel very welcome.
Also in the gallery today are Sarah Miller and Claire Hume, along with baby
Sadie Joyce Hume Heathfield. Claire and Sarah have been the extraordinary dynamic
policy duo of the B.C. Green caucus throughout the entire stretch of the
confidence and supply agreement from 2017 to 2020. They have left an indelible,
lasting, important mark on legislation and policy in this building.
I am so grateful for everything they have contributed and done, for the
wisdom, for the extraordinary ability to process information, to write and to
bring a vision of a future in all of their work that we would be proud to
achieve.
Would the House please make Sarah and Claire most welcome.
Hon. K. Chen: I am glad to introduce two guests in the chamber joining question period
with us today. I actually met them through the Speaker when I was working as a
constituency assistant for the Speaker in 2007, when we were both younger and with
more hair.
Interjections.
[1:40 p.m.]
Hon. K. Chen: He does have better hair. Oh, gosh.
Mr. Speaker: Okay. Next member.
Hon. K. Chen: Sorry. I hope I can continue, hon. Speaker. Okay.
The two guests that I’m introducing today are…. The first one is Marcel
Marsolais, who was the former CUPE 409 president, who represented support workers
from the New Westminster school district, who has done a lot for public education
and who is also a neighbour to both the Speaker and me, living in my constituency.
The second person is Gary Hall, who was the former lawyer and legal expert for the
B.C. General Employees Union.
I would like to ask the House to make them feel very welcome and thank them
for their contributions for our community in Burnaby.
C. Oakes: It is truly an honour to see Chief Batiste here, as well, from our riding,
and to provide members of this House with my gratitude for the work that ?Esdilagh
has done. Particularly, I know members of this House have heard me talk about West
Fraser Road and the impact it has had on so many people in the community. I really
appreciate all of the support and work that the ?Esdilagh First Nation has done to
move that file forward. It’s critically important.
The Chief is a neighbour of my family. So it’s lovely.
Please pass on to my family that all is going well here.
He has a lovely family as well.
Would the House, again, please help make the Chief welcome.
K. Paddon: I would like to share with all the members that I have two guests in the
precinct today and tomorrow, Eevah and Marina Macdonald.
Eevah is a determined young woman. She’s 11 years old. She’s been
experiencing some bullying and racism, and I did invite her out to be with us all.
At four o’clock today, we’ll actually be in the Hall of Honour, and I invite
everybody to come meet her in person.
Her mother is in health care and long-term care as well. Marina has raised
a fierce daughter. You can meet her today as well, if you like.
Tomorrow I’ll be sharing Eevah’s words with everybody here.
Thank you very much. Please make them welcome.
R. Russell: It’s my privilege today to wish a very happy anniversary to Linda and
Cornelius DeCock in Osoyoos. They are celebrating their 65th wedding anniversary,
which is a pretty remarkable accomplishment. They shared some stories with me
about just recently having four generations of the family out and about fishing
together, which is pretty remarkable.
Please wish them a happy anniversary with
me.
K. Greene: I did want to speak a little bit about Joel, who is in the gallery with us
today. He’s got a long commitment to environmental issues. He’s in grade 9 right
now, but as far back as 2014, he raised $4,000 for the Orphaned Wildlife
Rehabilitation Society. He’s very involved in the community.
I had a wonderful conversation with him last week about environmental
issues, about old growth, about reducing GHGs and about how the future looks for
young people. He’s one of those really engaged young leaders, and I think he’s
going to do amazing things for British Columbia.
Please make him feel welcome.
F. Donnelly: My brother Liam is having a birthday this Sunday. I would like the House to
give him, my little brother, a happy 54th birthday wish.
A. Walker: I’d like to introduce the House to three very special people to me in the
gallery above us: my wife’s aunt, Sally Salter; aunt, Barbara Karlson; and cousin,
Kristin Karlson. We don’t get to choose our in-laws, but if I did, I could not
choose any better.
Could the House please make them feel welcome.
[1:45 p.m.]
Hon. S. Malcolmson: I have three guests I’d like the House to welcome from the B.C.
Psychological Association: Dr. Lesley Lutes, Dr. Simon Elterman and Alexina
Picard.
Will the House please make them welcome and thank them for their
work.
Mr. Speaker: Anybody else, in the House? All right.
Introduction and
First Reading of Bills
BILL 23 — FORESTS STATUTES
AMENDMENT ACT,
Hon. K. Conroy presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Forests Statutes Amendment Act,
Hon. K. Conroy: I move that the bill be introduced and read a first time now.
I’m pleased to introduce Bill 23, the Forests Statutes Amendment Act,
2021. Forests are at the heart of our identity here in B.C. They are essential
to a healthy environment and provide good jobs to tens of thousands of British
Columbians.
This bill proposes amendments to the Forest and Range Practices Act to
reshape B.C.’s forest management framework by aligning aspects of key forestry
legislation with the Declaration on the Rights of Indigenous Peoples Act,
repositioning government as the provincial land manager in partnership with
Indigenous nations and reasserting the public interest in forest management by
introducing new tools to establish resilient forests.
This bill also supports government’s commitment to align provincial laws
with the United Nations Declaration on the Rights of Indigenous Peoples by
strengthening the role of B.C. Indigenous nations in forest planning and
decision-making with their traditional territories.
We have heard from a broad range of British Columbians that the
sustainability of their public forests is important to the long-term health and
well-being of the province’s economy, environment and communities. These
proposed amendments will result in beneficial changes to the forest sector,
like improving processes for reforestation after large wildfires and more
collaborative planning between Indigenous nations and government, as well as
industry and other stakeholders.
Long-overdue changes to the Forest and Range Practices Act will
establish a new forest landscape planning framework that will be implemented
over time to fully replace the current forest stewardship planning regime. Key
plans in the new framework include the forest landscape plan and the forest
operations plan.
The proposed amendments also enhance requirements under the existing
forest management framework to allow government to better respond to critical
issues during the transition to the new forest landscape plan framework. These
changes will enhance management control over forest roads to protect
public safety and the environment, support the ability of government to manage
and respond to wildfires, provide land managers with new or expanded tools to
help ensure forest management practices reflect the public interest, enhance
compliance and enforcement tools and expand authorities to charge fees relating
to the use or occupation of public lands.
Forestry policies put in place two decades ago have limited our ability
to fight climate change, protect old-growth forests and share the benefits with
Indigenous and local communities. These amendments will change that.
Mr. Speaker: Members, the question is the first reading of the bill.
Motion approved.
Hon. K. Conroy: I move that the bill be placed on the orders of the day for second
reading at the next sitting of the House after today.
Bill 23, Forests Statutes Amendment Act, 2021, introduced, read a first
time and ordered to be placed on orders of the day for second reading at the next
sitting of the House after today.
Statements
(Standing Order 25B)
COMMUNITY INCLUSION MONTH
D. Coulter: I am honoured today to acknowledge October as Community Inclusion Month
in British Columbia.
The province has proclaimed this month for the past 23 years to
highlight the rights, achievements and contributions made by people in our
communities living with developmental and intellectual disabilities. It’s a
month to celebrate inclusion and diversity as well as a time to recognize the
dedication of the individuals, self-advocates, families, friends, caregivers
and volunteers who continue to provide support and care while working to create
inclusive communities for all British Columbians.
I think it’s safe to say the idea of community and connection has taken
on new importance since the onset of the COVID-19 pandemic. While many of us
have experienced separation from friends, loved ones, neighbours and community
members, we know that some have felt the physical and social isolation much
deeper than others.
[1:50 p.m.]
People living with developmental and intellectual disabilities are at an
increased risk for facing barriers like poverty and isolation. That’s
why now, more than ever, we want to raise awareness and ensure our communities
are welcoming and inclusive.
Inclusion B.C. has been a long-standing champion for Community Inclusion
Month, and as their theme this year, they are shining a light on the importance
of inclusive housing. Inclusive housing offers people with developmental
disabilities a choice in where they live and who they live with. It provides
people with housing that is safe, stable, affordable and accessible, and it
fosters independence while helping to build relationships among people and
supporting vibrant, diverse communities where everyone can feel like they
belong.
I’d like to invite all members to join me in recognizing October as
Community Inclusion Month, as we work together to create a more inclusive
future for all British Columbians.
SEMIAHMOO HOUSE SOCIETY
T. Halford: I want to follow up on the words of my colleague the member for
Chilliwack. I want to speak on the Semiahmoo House Society. It’s a non-profit
organization located in Surrey–White Rock. It exists to provide quality
services and support to people with disabilities and their families in the
community.
The philosophy of Semiahmoo House is simple. Its foundation is based on
inclusivity. In short, it is everything that a community should strive to
be.
They believe that people who have disabilities should be valued and
included fully in their communities with the same rights and responsibilities
as people living in our province and our country. They believe that all people
have the right to control their own lives through personal choices about
relationships, jobs, living arrangements, spirituality, travelling and
recreational activities and that all people have the right to give back to
their communities through volunteering and helping others. Everyone is entitled
to live a happy, full and meaningful life.
They also believe these rights can be reinforced and protected by making
sure that people are connected to and supported by friends, family, staff and
the community. Many members of the Semiahmoo House are people that I grew up
with, people that I worked with and went to school with, and it is so
heartening to see them in our community giving back each day.
When you come to White Rock and visit one of our small businesses, you
may encounter a friend from Semiahmoo House. One employer told me that the
single best decision she has made was hiring an individual from the
society.
I recently had the privilege of visiting this cherished part of my
community, and to say I felt inspired would be an understatement. This society
is everything a community should strive to be. This society is what White Rock
and Surrey are all about.
COMMUNITY ACTION TABLE
ON HOMELESSNESS IN
LANGLEY
M. Dykeman: Thank you for the opportunity to rise in the House today to speak of an
important initiative underway in the community of the Langleys. The Langley
municipalities consist of the township of Langley and Langley city. My riding
of Langley East is wholly within the township. The city and a smaller portion
of the township of Langley are represented by my friend and colleague the
member for Langley.
The populations of the Langleys have risen significantly over the past
several years, increasing density and changing demographics. With the
significant population growth, we’re seeing an increase in those experiencing
homelessness. With two municipalities, the challenge is to ensure we’re not
competing for the same resources and that resources go to the correct places to
service the areas of greatest need.
To address this, I consulted with the Ministry of Social Development and
Poverty Reduction on how we could best coordinate. They suggested a community
action table and helped me identify those to invite. I’m fortunate to represent
a generous and dedicated community where my call was answered, and they all
came to the table.
I would like to take the opportunity to thank those who have joined,
including Fraser Holland, Stepping Stone Community Services, who is our chair;
Mayor Froese of the township of Langley; the MLA for Langley; Mayor Val van den
Broek of Langley city; Patrick Ward, township of Langley, who provides
resources like admin services; John Kruger, the community integration
specialist; RCMP representatives; Fraser Health; Ishtar Women’s Resource; Lower
Fraser Valley Aboriginal Society; Encompass Support Services; Lookout Housing;
B.C. Housing; the intensive case management team of Langley Community Services
Society; and the Gateway of Hope. I’m grateful for their time and
dedication.
We’re excited to embark on a journey together to reduce the stigma of
poverty and homelessness, identify funding in areas of need, look at the larger
challenges related to all the other social issues that are related and ensure
that we work with our community so that all affected and impacted have an
opportunity to come together to address these challenges.
[1:55 p.m.]
WESLEY MITCHELL AND IVAN PAQUETTE
S. Bond: I rise today to recognize two very special people who have made a
real difference in the fight against COVID-19 in my community. As doctors,
nurses and health care workers have battled the pandemic over the last year and
a half, Wesley Mitchell and Ivan Paquette have been supporting them at the
University Hospital of Northern of British Columbia and Jubilee Lodge day after
day, week after week.
Wesley and Ivan wanted to find a visible way to show our incredible
health care workers that they were appreciated and supported. Since the
pandemic began, these two inspirational leaders have been joined by dozens of
other drummers, now called the UHNBC drum group, as they gathered outside the
hospital to drum and raise the spirits of health care workers and patients
struggling with the virus. The scene is a powerful one: drumming and singing
traditional songs of prayer and healing for those working tirelessly, those
suffering and even those who have lost their loved ones.
If you attend, you can look up and see doctors, nurses and patients in
the windows gaining strength from the beating of the drum and the songs shared
from the heart. The UHNBC drum group has been at the hospital in wind and rain,
sleet and snow, freezing temperatures over the past 19 months. Their goal was
to bring a bit of positivity and hope. They have done that and so much
more.
Wesley and Ivan and all that have drummed with you, thank you for your
dedication, your passion and your heart. You will likely never know the full
impact of your actions, but we know you have made a difference when we needed
it most. Together, you have brought comfort, kindness and care. Long after the
pandemic ends, the gifts that you have given to so many will never be
forgotten.
DIALOGUE RICHMOND
AND GARBAGE CLEANUP
INITIATIVE
H. Yao: Cigarette butts, used face masks, drink bottles, plastic bags and
Styrofoam containers are some of the common eyesores residents of Richmond have
to put up with when we go out for a stroll. Garbage in our community is not
only unpleasant to look at, but it also can be further broken down into smaller
inorganic materials by regular human activities. With a mild wind and a light
breeze, those inorganic materials can make their way into our ecosystem or,
worse yet, food system.
That’s why I want to take a moment to express my gratitude to a small
group of young adults: Kiran Ubi, Jonathan Chen, Amy Li, Emily Zhao and Terry
Chu. They’re a board of directors of a local society called Dialogue Richmond.
Dialogue Richmond society is a non-profit organization with a goal to promote
inclusivity and connectedness to build a socially responsible
community.
This year, on October 2 and 11, based on the theme of Thanksgiving,
Dialogue Richmond hosted their second annual Clean Neighbourhood project. The
for people to connect while engaging, socially responsible, by asking community
members to pick up litter around their neighbourhood. The project had 66
participants, picked up 30 bags of garbage and raised over $14,000 for the
society.
I personally enjoyed the opportunity to join the volunteers, picking up
garbage and financially supporting a fundraiser for the society. I also want to
take a moment to express my gratitude to our local elected officials: MLA for
Richmond North Centre, MLA for Richmond-Steveston, Richmond city councillor
Bill McNulty, Richmond city councillor Carol Day and Richmond city councillor
Michael Wolfe. It is truly inspiring to witness a community coming together to
beautify and to better our neighbourhood together.
In addition to the ongoing projects, Humans of Richmond is another
project they are working on. It captures different memories, attitudes, wisdom
and life experiences that Richmondites want to share. You can find those
stories on Facebook and Instagram by searching Humans of Richmond.
SMALL BUSINESS WEEK
AND SHOP-LOCAL
INITIATIVES
T. Stone: Small Business Week is a time to show appreciation for the backbone of
B.C.’s economy. Small businesses account for 98 percent of all businesses in
the province, employing more than one million people and contributing to
almost 35 percent of B.C.’s GDP.
[2:00 p.m.]
From restaurants, fitness studios and app developers to farms and
ranches, small businesses create jobs, connect people and fuel innovation. They
contribute much to our communities and make our communities unique and
vibrant.
The COVID-19 pandemic has presented immense challenges to small
businesses, as many have been forced to shut down and lay off staff. Now many
are facing a labour shortage. I encourage everyone to demonstrate your support
by shopping local this week and beyond to help businesses survive and thrive.
Order takeout or delivery. Visit a local gallery. Buy gift cards to use now or
later as the holiday season approaches. Or help promote some of your favourite
big difference to these hard-working people in our local
communities.
As we look to recovery, it’s important that our government and society
stand by small businesses, many of which are still struggling as they pivot to
new business models in a time of constant change. Let’s show our local
entrepreneurs and mom-and-pop shops that we care. Let’s help them be resilient,
and let’s help them find a way forward for the long term.
I know it isn’t easy being a small business owner, having owned my own
business in the tech space for 15 years, but I can tell you this. I’m proud of
entrepreneurs and small business owners who take risks and innovate and of
people who turn ideas into opportunities. Frankly, we should all encourage this
risk-taking and celebrate their successes.
During Small Business Week and Small Business Month here in British
Columbia, let’s take the time to acknowledge the courage, determination and
dedication of each and every small business owner in this province. By
supporting local entrepreneurs with your resources, talent or investment,
you’re making your community stronger and our province a better place to live
for all of B.C.’s families.
Oral Questions
COVID-19 BOOSTER SHOTS FOR SENIORS
IN LONG-TERM-CARE
FACILITIES
AND COMMUNITY
S. Bond: I think we can all agree that vulnerable seniors in this province need
to get their booster shots as soon as possible. But B.C., as we’ve learned, is
lagging far behind Alberta, Saskatchewan and Ontario in ensuring that seniors
get the protection of a booster shot.
Boosters have been offered to all eligible seniors in Ontario, but on
Monday, we learned that very few long-term-care facilities in B.C. have
received this critical protection. B.C. will not catch up to Ontario
until mid-December. That was according to a document from Fraser
Health.
This tragically slow rollout is putting people’s lives at risk.
Yesterday it was reported that there are now 67 cases involving 52 residents
and 15 staff at Cottonwoods Care Centre. Thirteen people have died.
To the Premier, has the Fraser Health Authority issued a new directive
with new timelines, as promised here, in the House, on Monday?
Hon. A. Dix: I was clear on Monday; I’m clear now. The timeline is to get it done as
soon as possible. To date, as of yesterday, 107 care homes had received the
third booster dose of the COVID-19 vaccine. The decision to proceed with care
homes was made on the day it was recommended by NACI.
We’re proceeding with, I think, considerable speed in that task, and
we’re going to continue to do that in the week or two ahead. We’re making very
good progress, and we’re going to complete the task.
Mr. Speaker: The Leader of the Official Opposition on a supplemental.
S. Bond: We should start from the premise that B.C. is behind in the first place,
and the minister may want to try to explain that. He also avoided the specific
answer to the question. It was Fraser Health that issued a document that caused
anxiety and concern and that told residents and their families
straightforwardly that they might have to wait until the middle of
December.
My question was clear. I will ask the minister to clarify whether or not
he said to Fraser Health: “This is not good enough. We need the timeline to be
expedited.”
In addition to that, we know there are frail seniors who live in
community. In fact, the vast majority of seniors choose to live in community.
This week B.C. seniors advocate Isobel Mackenzie said: “We’re clearly seeing
the impact of the waning protection. To date, we don’t have data on how many
seniors have been vaccinated with the booster shot and what the plan is for
seniors in the community, many of whom are as vulnerable as people in long-term
care.”
[2:05 p.m.]
We have Fraser Health Authority sending out a bulletin: “You might have
to wait till mid-November.” We have no plan for seniors in community that has
been announced, despite it being promised. We also have zero data, zero
transparency.
It should be a straightforward answer from the minister. Did he inform
Fraser Health that they must expedite their timeline? When can frail seniors
who live in community expect a plan from this minister and this
government?
Hon. A. Dix: To the member: I can tell you there may be people who care as much about
long-term care as I do, but I don’t think there are very many who care more
about it. Having dealt with this pandemic, I know the member…. We’ve talked
about long-term-care homes that have had outbreaks in her community and the
impact at Jubilee Lodge on families. We know this.
From the moment the decision was made to give booster shots, the message
was “go,” and we are going. We have a respected health care leader, Dr. Penny
Ballem, leading our immunization campaign. I think she has led it with
integrity and speed. Most British Columbians, overwhelmingly, I believe, have
respected the experience they’ve had in getting vaccinated.
We are proceeding with third doses. We announced the first 15,000 to the
most clinically vulnerable people — people who had not had the full effect of
their first course of a COVID-19 vaccine. That was around September 13. So far
— the member wants data — 65,000 third or booster doses have been delivered in
B.C. As I noted just a moment ago, 107 care facilities have been vaccinated.
Now their residents have been vaccinated. We’re going to continue to proceed
apace.
It’s based on vulnerability and, of course, when the second dose
occurred. The member will also know that Dr. Henry was a leader on the question
of the gap between first and second doses. Her position, as the evidence has
come forward, has been supported by the facts. It was supported by the facts.
Many people called for a 21-day gap, as some jurisdictions had initially,
between first and second doses. Dr. Henry followed the evidence and followed
the facts. We’ve fully discussed this, and I think that the Leader of the
Opposition supported this at that time.
What we’re doing is the same thing: laying out a plan to protect people
based on their vulnerability and the need for a third dose based on the science
and based on the evidence. That’s what we’ll continue to do.
COVERAGE OF COVID-19 TESTING
AND TREATMENT COSTS FOR
IMMIGRANTS
T. Halford: During the pandemic, immigrants and newcomers to B.C. were covered for
the cost of COVID-19 treatment in order to protect public health. We’ve just
learned the Premier is ending that coverage on November 1 and will start
charging newcomers, with thousands in costs, in the middle of the fourth
wave.
This will most certainly discourage many diverse communities and people
returning to B.C. from seeking medical treatment. Sanctuary Health member Omar
Chu says: “I can’t believe that the province would make a decision that would
be so harmful to our society as a whole in B.C. It makes people even more
afraid than they already are to seek medical care for COVID-19. It is
unconscionable.”
It’s a simple yes-or-no question to the Premier. Will he extend the
coverage while the pandemic continues?
Hon. A. Dix: The member will know that in March 2020, a decision was made by me and
the government to provide COVID-19 costs for individuals in B.C. who are not
eligible for MSP. It was extended on July 31, 2020, to April 30, 2021. It was
extended again to October 31, 2021, and most recently it’s been extended to
April 20, 2022.
Mr. Speaker: The member for Surrey–White Rock on a supplemental.
T. Halford: I want to thank the minister for the answer. A sincere thank-you for
that. I will say this. As of 5 p.m. yesterday, the Ministry of Health was
doubling down — that on November 1, those individuals would have to pay for
their treatment.
The minister has obviously had a change of heart, but my question is
this: why does it take this long to get to the right answer? Why do this
minister and this Premier continue to make sure that people don’t have the
information and, at the last second, attempt to provide some
clarity?
Will the Premier, will this minister, today provide written confirmation
that this change is in place, or do we have to FOI it?
[2:10 p.m.]
Hon. A. Dix: Thanks to the member for his question. His concern is an important
issue.
As I say, the extension has been uninterrupted. The support and the
coverage have continued consistently since March 20, 2020. It’ll continue right
now through to April 20, 2022. Obviously, it’ll be reviewed again in advance of
that.
The member asked a question. He got the answer he wanted. That’s good.
It’s the answer I want too.
I think the reason for it, I want to say, because there’s another group
of people who are awaiting their status…. There’s a backlog at the federal
level at IRCC in terms of status for people. That coverage continues for that
group of people as well, uninterrupted.
ACCESS TO SAFE SUPPLY
A. Olsen: Does the Minister of Health support a regulated, de-medicalized, safe
supply of the illicit substances that are poisoning nearly six British
Columbians a day?
Hon. S. Malcolmson: The tragic increased toxicity of illicit street drugs has taken so many
lives in British Columbia over the five years of the public health emergency,
and despite the number of lives lost dropping in 2019, for the first time, and
for the first two months of 2020, the pandemic has shot drug toxicity so high.
As the coroner has noted, this is directly responsible for the terrible
increased loss of life.
Two weeks into the pandemic, my friend and predecessor, Judy
Darcy, along with the support of Dr. Bonnie Henry, brought in a project that
they’d already been working on. It needed to be brought in immediately to allow
prescribers to connect people who are at risk of overdose with a prescribed
safer supply.
We’ve talked about this many times in the House. We had feedback, both
from people who use drugs and from medical practitioners, that people needed
more options. That was the basis for the expansion of the prescribed safer
supply that Dr. Henry and I announced in July of this year.
Mr. Speaker: The member for Saanich North and the Islands on a
supplemental.
A. Olsen: I didn’t ask the Minister of Mental Health and Addictions for her
opinion on the matter. I asked the Minister of Health. I understand that the
government can stand up whatever minister they want to answer whatever question
is asked; however, it’s a specific question to a specific minister.
I ask again. Does the Minister of Health support a regulated,
de-medicalized, safe supply of the illicit substances that are poisoning nearly
six British Columbians a day?
Hon. S. Malcolmson: I am honoured to be asked by the Premier to be his Minister of Mental
Health and Addictions. British Columbia was the first province in Canada to
establish a ministry and a minister with this single focus.
I’m grateful to the health authorities that deliver both substance use
and addictions treatment and mental health supports. With the Minister of
Health, we are asking a lot, as a province, of our health authorities right
now. They are fighting two public health emergencies. They rolled out an
unprecedented vaccination campaign in our province’s history, and we are asking
health authorities to report to two ministers — both myself, in Mental Health
and Addictions, and the rest of the health care file to the Minister of Health.
We work well together.
Again, I’ll say we’re the only province in Canada to offer people at
risk of toxic drug overdose a prescribed safe supply. It is saving lives. I
wish it was saving more. We’re working hard with the health authorities to
expand it every day.
[2:15 p.m.]
LIFELABS LABOUR DISPUTE
AND COVID-19
TESTING
C. Oakes: Workers at LifeLabs have issued a 72-hour strike notice. This is an
essential testing laboratory that not only provides critical health services
but does COVID tests across the province. The idea that access could be
restricted during a pandemic is adding stress to those who desperately need
results.
To the Premier, what is the Premier’s plan to ensure that people won’t
lose access to tests?
Hon. A. Dix: Obviously, we are always concerned about these matters, as the member
would understand.
I’m aware that the B.C. Government Employees Union and LifeLabs are in
negotiations and that strike notice has been put in place. We obviously support
the collective bargaining process and want it to arrive at a successful result,
as I know the member would as well, as all of us would, because that is the
way, and the best way, to resolve these issues in our province.
I just wanted to note that there will be minimal impacts on patient
services. There will be no impact on COVID testing sites. Most LifeLabs patient
services centres will remain open, and service centres, particularly in remote
and rural locations, will be at 100 percent capacity. So there are plans being
put in place, of course, to deal should the labour situation result in job
action.
I want to say that action has been taken and a plan is being put into
place to ensure that there are continuing efforts, together, as a province, to
deal with the COVID-19 pandemic, which both LifeLabs and, I know, the BCGEU all
support and will continue to be there for British Columbians.
Mr. Speaker: The member for Cariboo North on a supplemental.
C. Oakes: As the minister knows, we have good reason to be raising concerns about
testing delays. We’ve had these conversations about what we’ve experienced in
the North.
In northern British Columbia, we’ve seen testing delays up to 14 days.
In fact, at the Quesnel and District Chamber of Commerce, they’ve advised me
that there are 27 emails right now from a variety of different individuals. We
are seeing wait times between 12 and 16 days — 12- and 16-day delays on getting
results back on tests. In Surrey, we’ve heard from parents that tests are being
delayed more than a week.
We know we have challenges right now with getting results on important
tests. This strike will result, potentially, in office closures that are
conducting vital tests, not just for COVID but other tests as well.
To the Premier, we want assurances that what has happened in
northern British Columbia with delays in test results…. We’ve seen people
impacted, parents impacted by delays in testing. We want those assurances….
Patients want the assurances that there will be no interruption to vital
tests.
Hon. A. Dix: The member will know — we share this information, and we will be sharing
it again this week with the opposition, in terms of our testing volumes in
Northern Health — that those volumes are the highest they’ve been at any time
in the pandemic. Of course, the amount of COVID-19, in this case, in the North
is higher than at any point in the pandemic. More people are getting tested and
have got tested. Yesterday I believe it was about 720 tests across Northern
Health.
A crucial product involved in the testing, a reagent, was in short
supply. We didn’t get our national supply a week or so ago, and that affected
testing for a short period of time. That platform is back at full
capacity.
We’re going to continue to work to make sure people get the tests they
need and to encourage, of course, with respect to the issue between LifeLabs
and the BCGEU — their collective bargaining effort — that that be successful so
that it would have absolutely no effect on health care in B.C. Should it have
an effect, we are preparing, obviously, for that situation to ensure that
patient services and the health of patients are not affected.
M. de Jong: To follow up, to the minister, here is the anxiety that I think he is
confronted by in the House today and that he and the government will be
confronted by in the hours and days ahead. A key part of the strategy through
these months — for the province, for public health officials — has been the
capacity to test. He reinforced that here again.
[2:20 p.m.]
Notwithstanding his report here today, he is also aware, as my colleague
has mentioned, about significant delays that are taking place in places around
British Columbia to secure tests and test results.
Now, the union representing the workers that have done that vital work
have indicated that they are prepared to withdraw services, order the
withdrawal of services. That is going to have an impact. It has to have an
impact.
What people are asking the minister and the government today, armed with
that information, is: what plans are in place? What will that impact be, first
of all? It most certainly, even with essential service levels, will result in
less tests being performed.
What is the nature of the impact, and what contingency does the minister
and the government and the Premier have in place to address those impacts so
that tests can take place in the way that they must?
Hon. A. Dix: Well, obviously, we’re preparing. Should that be an eventuality, we’re
preparing a plan for that. But what I’m saying is that the COVID-19 testing
will continue, certainly, at its current levels and beyond that.
As you know, we have about the capacity to process 22,000 tests a day in
British Columbia. We’ve had a record number of tests in September. We’ve never
reached that level since the beginning of the pandemic. And we intend to
continue our aggressive testing strategy to support people and their
families.
There are challenges. The farther you get from the BCCDC, or the farther
you get from Northern Health’s central locations, there are some timing
challenges. So it is longer. The turnaround time is longer, for example, in
Northern Health than in other health authorities, where that distance is
shorter, but staff is working very hard to address those issues that face us
now and preparing for this instance.
Our priority is the health of British Columbians, and we are going to
ensure that that health and that testing system are supported throughout this
period.
COVID-19 VACCINE POLICIES FOR
TEACHERS AND SCHOOL
STAFF
J. Tegart: Parents, teachers, staff and trustees want the Premier to show some
leadership instead of hiding from the tough decisions. Teri Mooring of the BCTF
says: “Any vaccine mandate would need to be provincially implemented and done
equitably. We can’t have unequal treatment of workers in the public education
system.”
The Premier’s abdication of leadership on school safety is risky, and
it’s wrong. Will the Premier protect our children and prevent a patchwork
vaccine mandate in our schools?
Hon. J. Whiteside: Thank you to the member for the question. I think we all know the safety
of staff and students has been our top priority throughout the
pandemic.
I want to take a moment to just thank all of our education partners,
trustees, all of our staff employee groups, all of the district and provincial
leadership for the cohesive message around the importance of vaccinations that
all of those provincial organizations are delivering, across our sector, to
their respective memberships. I am very proud of the work that those
representative groups are doing right now, at my request, to come together and
to develop a set of provincial standards and guidelines that can assist boards
in their decision-making as employers.
As the member knows, having been a school trustee, boards of education
are the employers and the ones who are appropriately placed to set workplace
rules of this nature. We are going to continue to work together as a sector to
ensure that, as we have done since the beginning of the pandemic, this sector
moves together to put kids first and foremost, to ensure that kids continue to
have access to in-person learning.
Mr. Speaker: Fraser-Nicola, supplemental.
J. Tegart: I, also, would like to thank those co-governors in the system, in the
school system.
[2:25 p.m.]
I can inform the minister that I’ve heard from a number of school boards
who are very concerned about the actions of this Premier and this government.
They think and are sharing with me their concerns about the fact that this is a
public health issue, a provincial public health issue, and that they are being
put upon by this government to make a decision that should be made
provincially. They are very, very concerned about that.
To the Premier: will you commit today that you will take the leadership
needed to keep our kids safe in the classroom and ensure that there will
not be a patchwork pattern of vaccinations in our schools?
Hon. J. Whiteside: Again, thank you to the member. I know we share a concern about what
happens in schools, for kids and for the staff who work in our school system as
well.
I have had a chance to spend quite a bit of time with school board
leadership from across the province and superintendents very recently, as we
discuss these very issues. I can appreciate that boards of education, who have
been incredible leaders throughout the pandemic, are hearing from their
communities a diversity of opinions about many matters related to the pandemic.
I know that they are committed to working collaboratively with their partners,
with their staff, with the ministry on the steps that we are taking to move
forward with respect to the question of vaccinations for school
staff.
TRUCK DRIVER TRAINING
AND ICBC ROAD
TESTS
T. Shypitka: Commercial drivers registered for road tests before the October 18 MELT
deadline should have been grandfathered, plain and simple. Now they’re facing
thousands of dollars in extra costs, and some of them may even lose their jobs.
This is all because of ICBC testing delays.
Two weeks ago I stood in this very same spot, and I asked the minister a
pretty simple question: what was he prepared to do about this? His quote was
this: “We are aware of the issue with ICBC and the road tests, and we are
working to ensure that people who need to get the tests are able to get those
tests.”
I’m not certain if the minister was aware of how big this problem was,
but the minister made a big promise. He got the hopes of a lot of people in my
riding and across B.C. pretty excited about the fact that hope was on the
way.
It’s just another failed promise. It is the NDP. NDP: never delivering
promises. Hashtag it if you want. I’m not sure.
Why did the Premier make a promise that would allow commercial drivers —
many of these people young British Columbian drivers, by the way, looking to
start a new occupation, a new way in life — a chance of relief, before he
snatched it away?
Hon. M. Farnworth: I appreciate the question from the member. When he raised the question,
I said that, yeah, we are aware that there are issues and that we would see
what we could do.
Interjections.
Mr. Speaker: Let’s hear the answer, please.
Hon. M. Farnworth: I also told the member, and I told the member across the way, that if
they have names, to drop them off to my office. They did. They dropped off nine
names. I can tell you each one of those cases was investigated.
I can tell you that one of the individuals was able to get a test done.
I can also tell you this — that there were a number of the cases that had got
their licence after the deadline. So they have to take the test. Absolutely
each one of those cases was investigated thoroughly.
I can also tell the member this. We have been working with the Trucking
Association — ICBC had — since the beginning of the year to let drivers know
that they needed to have a test. ICBC put on extra capacity to ensure that they
were able to do that. They worked with the industry to notify
people.
Interjections.
Mr. Speaker: Members.
Minister, continue.
Hon. M. Farnworth: ICBC worked with the industry to put on extra capacity. The overwhelming
majority of drivers in this province have managed to comply. There are
some that did not.
We looked into the cases that the member put forward, each and every one
of them. As I said, I can tell you that one of them was able to. Others were
not able to. I can also tell you this. In one of the cases, the individual had
already failed twice.
This entire program is about safety, hon. Speaker — safety, first and
foremost. It does not mean that they can’t drive; it just means they’re going
to have to have a test to ensure that they’re safe on the roads.
[2:30 p.m.]
P. Milobar: The bluster doesn’t help the people that are looking to get tests, but I
appreciate the minister needs to crank things up. The minister may want to
actually listen to his own words from two weeks ago in this House. It wasn’t
that he would look into it and see what he could do. It was: “We are aware of
the issue with ICBC and the road tests, and we are working to ensure that
people who need to get the tests are able to get those tests.” That was the
complete answer. For once, it was actually a short answer.
The problem is the minister is not delivering on that answer. The
minister’s staff says: “Since March, both the Ministry of Transportation and
Infrastructure and ICBC have communicated how the transition will be
managed.”
Interjections.
Mr. Speaker: Members, let’s listen to the question, please. Members,
question.
Continue.
P. Milobar: Thank you, Mr. Speaker.
This is from the minister’s office. “Since March, both the Ministry of
Transportation and Infrastructure and ICBC have communicated how the transition
will be managed, including that ICBC would not be increasing the number of
class 1 road test appointments.”
Now, no one is disputing that MELT is needed, and no one is disputing
that higher safety standards should not happen. But people that were unable to
book road tests under the old regime are now faced with $10,000 to $15,000
extra in cost because this minister and this Premier were unable to provide the
tests in a timely way.
COVID always was the excuse. It’s always someone else’s fault with this
minister and this government. It’s never their responsibility. It’s always
point the finger.
Again to the minister, we canvassed, and we came up with a long list of
names. Why will the minister not stay good with his word and make sure these
people are able to have their tests provided by ICBC in a timely fashion? Then
we can get on with the MELT program as it should be.
Hon. M. Farnworth: Well, we were provided with a list. We looked at each and every one of
the cases. As I told the member, yes, one was able to. There were reasons why
the others weren’t.
Let’s be clear. This is about safety. It’s about road safety, and it’s
about….
Interjections.
Mr. Speaker: Okay, a question was asked. Now is the time for an answer. So let’s
listen to the minister.
Hon. M. Farnworth: Let’s be clear how this came about — because of a terrible tragedy in
Humboldt, Saskatchewan. That’s how this came about. British Columbia and
the trucking industry recognized that we needed to have the best safety
standards in this country, and that’s exactly what’s been delivered.
It was worked with the transportation industry at the beginning of
March. The trucking industry was notified repeatedly about the need to get
tests. ICBC did have to…. The overwhelming number of drivers in this province
got the tests. The cases that were brought forward — as I pointed out, every
single one of those was looked at.
What this is…. It’s about safety.
Interjections.
Mr. Speaker: Members.
Hon. M. Farnworth: I wish the opposition would realize that.
[End of question period.]
Question of Privilege
A. Olsen: I intend to speak to the question of privilege that I raised yesterday
regarding Bill 22, the Freedom of Information and Protection of Privacy Amendment
Act, and the Freedom of Information and Protection of Privacy Act special
committee that has been appointed.
Section 80 of the Freedom of Information and Protection of Privacy Act,
FOIPPA, requires that the Legislative Assembly appoint a special committee to
undertake a “comprehensive review” of the act, and that committee must report back
to the assembly within one year of being appointed.
Section 80 requires a time-limited review that once the committee has begun
its work, it must report back to this House on a specific date. That date is
public information, as are the terms of reference. As a result, it sets an
expectation that the special committee will be undertaking a public consultation
within that prescribed time.
[2:35 p.m.]
On December 14, 2020, the Legislative Assembly agreed that a special
committee be appointed to review the Freedom of Information and Protection of
Privacy Act in accordance with
section 80 of that act. Members of the committee
were appointed, with the member for Port Moody–Coquitlam as the convener and I as
the member appointed as the member for the Third Party. On April 12, 2021, the
first session of the 42nd parliament was prorogued, and the committee was
dissolved.
The second session began with a Speech from the Throne on April 12, 2021,
and on June 16, 2021, the Legislative Assembly agreed that a special committee be
appointed to review the Freedom of Information and Protection of Privacy
Act in accordance with
section 80 of that act. On August 23, 2021, the committee
convened for the first time and elected the member for Port Moody–Coquitlam
and the member for Nechako Lakes as the Chair and Deputy Chair respectively. On
October 18, 2021, the Minister of Citizens’ Services tabled Bill 22, Freedom of
Information and Protection of Privacy Amendment Act, 2021, with the most
substantive amendments to the FOIPPA in the last decade.
The powers of this special committee are outlined in the terms of
reference. They include appointing subcommittees, sitting while the House is
adjourned, retaining Legislative Assembly staff to support the work and
“conducting consultations by any means the committee considers
appropriate.”
This is a serious matter and a breach of privilege of the members of the
committee. The Minister of Citizens’ Services’ attempt to amend the FOIPPA while a
special committee is currently consulting with the public undermines the work of
the special committee. If this precedent is allowed to stand, there is a real
threat to all work undertaken by committees, special or select standing, appointed
by this Legislative Assembly to complete statutory obligations if the minister
moves to amend legislation while a committee is still consulting the
public.
The minister has argued that parts of this act need to be amended because
the ministerial order is going to expire, and there is a desire to entrench the
powers granted in that ministerial order into law prior to the expiration. There’s
a remedy that does not include amending the legislation. The government can extend
the ministerial order until after the consultation is complete and the committee’s
report has been filed with this House.
In 1993, Madam Speaker Joan Sawicki ruled on a matter of privilege. In that
ruling, Madam Speaker wrote:
“It is, of course, a breach of privilege to privately solicit members of a
Committee when acting in a quasi-judicial capacity or to threaten a member of a
Committee in an attempt to influence them in the discharge of their duties. In
addition, it is the acknowledged practice of this House to preclude any reference
in detail to specific issues before a Committee prior to the report of the
Committee, or discussions of evidence being presented to a Committee, but to allow
general reference to a subject matter even though that matter may have been
previously referred to a Select Standing or other Committee.
“The rationale of this practice is to avoid any direct intrusion into the
functioning of Committees which might pre-empt the Committee’s activities. The
House itself, at the same time, does not totally preclude itself from alluding to
a particular subject matter which it has referred to one of its
Committees.”
Bill 22 is “a direct intrusion into the functioning of committees which
might pre-empt the committee’s activities.”
The Parliament of Australia faced a similar situation in 2018 with respect
to the Security of Critical Infrastructure Act 2018. A committee of the Parliament
of Australia was tasked with the review of the act, and the government introduced
the amending bill. The members of the Parliamentary Joint Committee on
Intelligence and Security offered several comments that are applicable in this and
to be considered:
“The committee is mindful of its statutory duty to review the operation,
effectiveness and implications of the act, as required under
section 60A of the
act. However, the introduction of the SOCI bill and its effective alteration of
elements of the act that would be reviewed transformed the committee’s ability to
undertake the review.
“As outlined above and earlier in this report, the focus of submitters and
witnesses was primarily on the bill, and this required a parallel focus from the
committee as well. Trying to review the operation of
an act that had not had a
number of its key provisions utilized, with a bill to fundamentally amend that act
before the committee as well, was a challenging exercise. Ultimately it was an
exercise that the committee could not undertake effectively in the face of
overwhelming concern regarding the SOCI bill’s potential impact.
[2:40 p.m.]
“Accordingly, the committee is using this report as commentary on the SOCI
bill with recommendations for change as well as a vehicle for finalizing the
statutory review. However, the conclusions of the statutory review are that the
shifting landscape that the bill created did not allow for the statutory review to
be analyzed in a way that created an evidence base to meaningfully recommend any
change. This is also reflective of the fact that the recommended changes from
Bills One and Two will alter the landscape even further.”
The Special Committee to Review the FOIPPA is not an open-ended process.
The Legislative Assembly constrained the work of the Special Committee to Review
FOIPPA to one year ending in June 2022. As a result, there should be no confusion
about when the statutory obligations of the committee are complete and when it
would be appropriate for the Minister of Citizens’ Services to consider amendments
to the act. The House has no knowledge of what is happening at the committee until
the committee has reported to this House. The committee has not reported to this
House, and the work continues.
Mr. Speaker, I have fulfilled the requirements of the procedure for raising
a question of privilege, include transmitting a copy of the motion that I intend
to move to the table.
Hon. M. Farnworth: We reserve our place to respond to that later.
P. Milobar: I, too, would like to reserve our place to speak to this later.
Mr. Speaker: Member, thank you so much for raising this. Our Chair will try to deal with
this matter as soon as possible. We take it under advisement. Thank
you.
Orders of the Day
Hon. M. Farnworth: I call Committee of the Whole, Bill 21, Miscellaneous Statutes Amendment
Act.
[2:45 p.m.]
Committee of the Whole House
BILL 21 — MISCELLANEOUS STATUTES
AMENDMENT ACT
(N o . 2), 2021
The House in Committee of the Whole on Bill 21;
S. Chandra Herbert in the chair.
The committee met at 2:48 p.m.
Hon. D. Eby: This is, as we noted in the second reading speech, a bill of multiple
statutes being amended. So there’ll be staff in and out of the chamber here
today. For the initial set of sections, ideally, we can do sections 1 through 3
and 23, the Civil Resolution Tribunal Act sections.
With me are Darin Thompson, legal counsel, policy and legislation
division, and Nina Bindra, legal counsel, legal services branch.
I look forward to the members’ questions.
On clause 1.
M. de Jong: Some of this will, as I pointed out in second reading, merely be for the
Attorney to confirm. My read and comparison tells me that the newly proposed
section 56.6 of the Civil Resolution Tribunal Act — the language — will mirror
precisely that language which exists in the Administrative Tribunals Act today.
Is that correct?
Hon. D. Eby: The member has a correct understanding.
M. de Jong: And the newly proposed, in clause 1, 56.7 of the Civil Resolution
Tribunal Act actually mirrors the existing
section 56.7 of the Civil Resolution
Tribunal Act — no changes there.
[2:50 p.m.]
Hon. D. Eby: The member is correct, but it’s not exact. The intent was to mirror, as
closely as possible,
section 58 of the Administrative Tribunals Act.
M. de Jong: I asked my question clumsily and incorrectly. I think if I break this
down, the proposed subs 56.7(1)(
a) and (
b) appear to mirror precisely the
language in the existing act. When we get to sub (2), the difference I noted
relates to a difference of sub 58(2)(
c) of the Administrative Tribunals Act,
most particularly the deletion of any reference to privative clauses — that
term which, of course, has great import when considering matters of judicial
review.
Can the Attorney explain what, if any, substantive significance flows
from the deletion of the reference to privative clauses?
Hon. D. Eby: The significance is…. The effort here is to respond to a court decision
that imposed a standard of review that was not what was intended. So to create
ease of reference for people who head off to a Supreme Court for a judicial
review, some of whom may be lay litigants and aren’t familiar with the
Administrative Tribunals Act, the idea was to try to import directly into the
legislation the Administrative Tribunals Act provisions.
Because this legislation for the civil resolution tribunal already has a
privative clause, all that the drafters thought — and what’s put in front of
the House — needed to be imported was the applicable test for legislation that
has a privative clause. They didn’t need that extra
section that says, “If
there is a privative clause, then this is the test that applies,” because there
is a privative clause in the legislation. Just importing the relevant test in
from the ATA, the Administrative Tribunals Act, achieves that goal.
It’s not meant to change the standard by removing that, just to simplify
the text.
M. de Jong: I heard two things there. The last part that I heard, which I understood
to mean no substantive change to the test…. Maybe that is the relevant part of
the answer, that the wording has been adopted to enhance its readability, but
it has not been done with a view to, in any way, altering the substantive test
for securing judicial review.
Hon. D. Eby: That is correct.
M. de Jong: Still in
section 1. The proposed 56.9 seems to me to mirror precisely
the language in sub 59(4) of the Administrative Tribunals Act. Is that
correct?
[2:55 p.m.]
Hon. D. Eby: The member is correct. At a risk of sounding a bit pedantic — not
intended — just for the record, it imports subsections 58(3) and 59(4). But
that is a distinction without a real difference, because in the Administrative
Tribunals Act, those sections both have to stand independently because it
depends on the on the particular tribunal. But for this legislation, they can
both be combined into one because it is part of an integrated whole of the
Civil Resolution Tribunal Act.
The short answer is that the member is correct. The longer answer is
that the drafters had other thoughts that were incorporated in here as well
that I wanted to reflect in my answer.
M. de Jong: That’s all helpful. I expect that when we move to
section 2, it will
pass very quickly, and similarly the transitional provisions in
section
I’ll tell the AG why, besides wanting to confirm the nature, that
became a question for me. Some of this, maybe, we can chalk up to the hyperbole
of politicians and some of it to the overenthusiasm of communications
officers.
I’m not going to belabour the second reading debate. Suffice to say I
had a slightly different take on it than the Attorney. But I will observe this.
At one point, one of his colleagues referred specifically to the sections on
the Civil Resolution Tribunal Act as representing — the word she used — a major
change. I’ll take that with a grain of salt — what politicians in this chamber
will say from time to time.
What caught my attention, I suppose, more importantly, was in the
communications material released by the government communications branch, which
attributed to these amendments…. What they said is that these amendments will
improve access to justice for parties involved in judicial review of CRT
decisions.
I don’t know. I’m all ears. I’m not critical of the amendments, having
just established they don’t change anything. I’m kind of curious to hear how
they are, in the words of the member for Langley, a major change, or perhaps
more importantly, will in any appreciable way improve access to
justice.
Hon. D. Eby: Thank you to the member for the question. First of all, in terms of our
disagreement about the second reading speech, the member shouldn’t be so hard
on himself. I said I thought his speech was good, so I don’t know why he would
disagree with me. But that’s fine.
The general intent here is to try to make the legislation accessible to
self-represented litigants, which is an access-to-justice issue. I agree with
the member that in terms of the panoply of this government’s access-to-justice
initiatives — of which I’m very proud and happy to go into in detail — this is
a modest one, compared to the broad piece.
[3:00 p.m.]
This is an important piece. When we reform the law, when we respond to
court decisions and so on, part of the lens that’s put on it is: if someone is
representing themselves — the member saw this in the Court of Appeal Act, for
example — can they understand the law if they read it? How can we make it more
understandable and accessible for them?
It’s part of a broader approach to access to justice that includes how
our statutes are written and how accessible they are. It was a significant
impact on how we intended the civil resolution tribunal to operate, how their
decisions would be reviewed by superior courts — the court decision that
we’re responding to. So for some people, that was a major impact, and members
will have their own perspectives on this significant piece of
legislation.
I take the member’s point. This is a response to a court decision and a
relatively modest access-to-justice piece, but we like talking about access to
justice. That’s not a bad fault to have, I say.
Clause 1 approved.
On clause 2.
M. de Jong: Only to indicate to the committee that I don’t have any questions on
clause 2, nor do I have any questions on the transitional provision in clause
23. I don’t know that we have to pass 23 out of order or the Attorney is
satisfied that I don’t intend to ask any questions at that point.
Interjection.
Clauses 2 and 3 approved.
On clause 4.
Hon. D. Eby: This is the miscellaneous statutes amendment bill. We do have different
staff for each section. I’m going to thank, very much, Darin Thompson and Nina
Bindra, for their assistance. I’ll be joined shortly by Kate Phillips, legal
counsel, legal access policy division, and Tyler Nyvall, legal counsel, policy
and legislation division.
Previous to my rising, I had an off-the-record conversation with the
critic, who asked me to provide a bit of context for the following set of
sections and what is intended to be achieved with these amendments.
What I propose to do is provide some perspective with respect to a
specific treaty, the Maa-nulth treaty. These are provisions that create the
ability for B.C. Provincial Court to have jurisdiction to hear prosecution of
offences under treaties. The example of the Maa-nulth treaty has a specific
section,
section 13.33.1, that says, in that treaty, that the Provincial Court
has the jurisdiction to hear prosecution of offences under Maa-nulth
laws.
[3:05 p.m.]
Implicit in that provision is that no other person or body has that
jurisdiction. Therefore, the expectation is Maa-nulth will be turning to
Provincial Court for all prosecutions in relation to their laws, which includes
proceeding by way of violation tickets, because they’re a kind of
prosecution.
There’s a treaty requirement on the First Nation, which is actually not
a requirement. It’s a right. It’s a right to have their short form prosecutions
processed through B.C. Supreme Court. The problem is that under our provincial
law, the Offence Act doesn’t align with that requirement that’s in the treaty.
We sign this treaty. We agreed. We come to Provincial Court, and it would be
prosecuted through Provincial Court, and then the Offence Act doesn’t line up
with that.
It’s not about us being considerate. It’s not about us trying to engage
in reconciliation or anything else, although it is part of reconciliation. This
is a treaty obligation that we have to the Nations where it’s mandated that we
entered into this agreement, and we need to bring our laws into alignment with
those treaties.
I’m happy to go into more detail about the kinds of tickets that
Tsawwassen, for example, may be providing or so on, but I hope that provides
some context for why this is appearing in front of the House, what our
intention is here. It’s to bring provincial law in line with treaties that we
have signed and entered into.
M. de Jong: That is helpful. I’ll try to ask these questions as they relate to
specific sections, but I think on
section 4, maybe a slightly broader
conversation. I’ll preface it by pointing out to the committee and to the
Attorney General both acknowledgment of, understanding of and support for what
is being undertaken here.
I think, given the unique nature of what’s being done, it’s worth
spending a few moments to ensure that, at least on the record, people
understand that there is not something new being created here. It is
facilitating agreements that have been signed in the past.
In addition to some alterations to existing
definitions — the
“enforcement officer,” which includes now, with sub (b), a “ticketed amount,”
which includes a reference, and we’ll maybe come to that in a moment — there
are two new terms being added: “treaty first nation” and “treaty first nation
law.” That captures a specific set of First Nations, at this point. Hopefully,
one day it will include a growing number.
I wonder if the Attorney might simply place on the record. Today
these amendments are relevant to treaty First Nations. Who are those treaty
First Nations? The Maa-nulth that he referred to, of course include five
legally distinct First Nations.
Hon. D. Eby: The member is correct. The Maa-nulth First Nations are five different
groups, five different nations. Huu-ay-aht First Nations are included.
Ka:’yu:’k’t’h’ or Che:k:tles7et’h’ First Nations are part of this. The
Toquaht Nation is part of this, the Uchucklesaht First Nation is part of this,
and the Yuułuʔiłʔatḥ, formerly Ucluelet
First Nation, is part of this as well. It also includes the Tsawwassen First
Nation and Tla’amin Nation.
It does not, though…. Members’ minds might turn to
Nisg̱a’a as a treaty nation, obviously.
The Nisg̱a’a observed the legislative
development process but chose not to participate or have the amendments apply
to their nation at this time, so it does not include them.
M. de Jong: The Attorney correctly anticipated the question I was going to ask about
the Nisg̱a’a. I couldn’t remember…. For
other purposes, the Nisg̱a’a is included as
a treaty First Nation.
[3:10 p.m.]
What mechanism distinguishes them in this case from being captured by
these provisions? Are they captured by these provisions but chose to not
participate, or are they excluded from the definition, for these purposes, of
treaty First Nation?
Hon. D. Eby: They are a treaty First Nation. They had the option to participate or
not in terms of having it supplied to them, and they elected not to have these
amendments applied to their nation. So it was their decision to make. At any
time they could, if they wished to, enter into participation in
this.
M. de Jong: To be clear…. I might not use the right term here. The opt in — the
nations are drawing down on their power from the treaty, correctly and
appropriately — would be to choose to have violation tickets issued by the
Nisg̱a’a Nation adjudicated in the
Provincial Court, and that’s the part of this that the
Nisg̱a’a have chosen not to opt into. If
they did in the future, the mechanism would exist for them to do so?
Hon. D. Eby: The member is correct.
M. de Jong: I think there were two reasons that I just wanted to take a moment to
establish on the record. One, I suppose, relates to the geographic aspects.
This will ultimately have implications for people who may not be members of
these First Nations but who may be issued violation tickets, and it will be
relevant to how they either settle or those tickets are adjudicated.
I will say that there’s another, perhaps self-serving, reason for going
through that exercise. Merely to point it out is sometimes frustrating to hear,
in the course of political discourse, that nothing occurred in the realm of
relations with First Nations for a lengthy period of time when I occupied a
seat on the other side of the House. In fact, the Attorney has confirmed that
comprehensive final treaty agreements were negotiated with seven First Nations.
We are happily adjusting laws that breathe further life and allow for the
operationalization of those treaties.
I suppose that in a truly self-serving manner, the fact that I think my
name is on all or most of those treaties as the minister responsible…. I hope
the committee will not think it too self-serving to point out that a lot of
things did happen, a lot of positive steps. The evolution of that probably also
explains why the Attorney shouldn’t anticipate great opposition to the
provisions that are here before the House, because they flow from comprehensive
settlement agreements that were negotiated by the previous
government.
To get into just a little more detail, I’m looking at the definition of
“ticketed amount,” and (a), I believe, is just the existing language. Then (
b) is the reference to treaty First Nation law. Is there any…? If we were to try
to ask ourselves: “Okay, what laws would be governed by a violation ticket…?”
Do these provisions apply to anything by which action is commenced by violation
ticket? Or is there a separate mechanism, either under the jurisdiction of the
First Nation or elsewhere, that determines which laws and which violation
tickets are governed by these proceedings? Or is it any treaty First Nation law
that generates a violation ticket? That may be the answer.
[3:15 p.m.]
Hon. D. Eby: Let me just take a moment to thank the member for his public service,
both in the office that I hold and, for many years, as Minister of Finance.
Without question, he made his mark on the B.C. government and on the
province.
I’ll say this. There were many things I disagreed with, but there were
some that were supported across the aisle. I believe that these treaties were
part of that, so I wanted to recognize that on the record.
With respect to his question, he’s right. It is any provision of these
treaties — a law that arises from it — that could result in a violation ticket.
Those are the tickets that could be adjudicated in Provincial Court.
M. de Jong: Thanks to the Attorney for his kind remarks. I’m still in sub
(b). I just didn’t understand the last phrase: “…if 2 fines are established for
the contravention, the fine payable at the time of payment.” I just didn’t know
what that meant or what an example would be where you would have two fines
established for the contravention and the fine payable at the time of payment.
What’s an example of that?
Hon. D. Eby: This is a provision that exists already in the Offence Act, and it is
slightly modified in these proposed amendments to apply to an alleged
contravention of a treaty First Nation law. The two fines are typically where
if you pay the ticket within a prescribed period, it’s a lower amount, but if
you don’t pay within that window, then the amount goes up for your payment. So
then you result in a fine that has two components to it, based on when you
pay.
M. de Jong: Okay, that’s good. That’s an answer that makes sense to me.
I’m down at sub 4(b), sub-sub (b), which begins: “a law made by a treaty
first nation in accordance with a provincial or federal enactment that
delegates law-making authority to the treaty first nation.” My question on this
is as follows.
We’ve established there’s a pretty exclusive club right now that belongs
to, that is captured by, the definition “treaty first nation”: the seven we’ve
mentioned plus the Nisg̱a’a, if they were to
choose to avail themselves of this. I take it, therefore, that any other First
Nation that has received delegated authority or statutorily delegated authority
but something short of a final agreement, that qualifies as a treaty First
Nation, is not in a position to avail themselves of these provisions. Is that
correct?
[3:20 p.m.]
Hon. D. Eby: I was teasing the member a little bit earlier about the second reading
speech back-and-forth there, but I do appreciate doing committee stage with the
member, because I often do learn something, even though I’ve spent time with
staff on the bill.
The member’s question has resulted in an interesting answer from staff
that I’ll share with him. If a government delegates a law-making authority to
First Nations in the province, whether the federal government or the provincial
government, it is possible, under these amendments, that a nation could ask,
even though they aren’t a treaty First Nation, to be considered as a treaty
First Nation for the purposes of these provisions to be added by
regulation.
The member will see, under 4(b), the definition of “treaty first nation”
is “a treaty first nation prescribed by regulation.” So to the extent that
government is delegating a law-making authority to a First Nation in the
province, that nation could request to be added to the regulation and have that
violation notice prosecuted in the Provincial Court.
M. de Jong: Okay. I don’t think I’m going to quarrel with the intent. I think I
might take a little bit of issue with the mechanism for doing so. It sounds
like what the minister and the government want to do is create a mechanism by
which a First Nation that may not have a final comprehensive agreement but has
received delegated authority over some areas can take advantage of these
mechanisms to allow the Provincial Courts to adjudicate violation
tickets.
I don’t think I quarrel with that, but it sounds like the mechanism for
doing that is to designate them a treaty First Nation. I think that’s going to
become awfully confusing. My experience goes back a few years, but there are
also some First Nations for whom that term “treaty” has, for them, some
negative implications.
I guess the first question is: have I understood that correctly? The
prerequisite to taking that step is to designate a First Nation as a treaty
First Nation, even if they don’t have a treaty?
Hon. D. Eby: The member is correct. It’s a defined term. A treaty First Nation is a
nation that is defined in the regulation. There is not a restriction on
government that would prevent a non-treaty First Nation from being designated
so for the purposes of this act alone and only in the circumstance of the
delegated authority or jurisdiction from government to create an
offence.
I’ll take the member’s point about potential confusion, but the impact
on anybody receiving a ticket or participating nations would be arguably very
minimal. The request would come from the nation to government. They want to
participate in this program, and they’ve created a violation, and they want to
go through Provincial Court. They would be added by regulation if they had that
delegated authority or jurisdiction or that authority through a
treaty.
M. de Jong: Well, I know enough about the complications of this area to know we’re
not going to redraft this on the fly. I think there would have been a better
way to do that. To create the legal myth, for an individual purpose, that a
First Nation is a treaty First Nation when they are not, I think is going to be
fraught with…. Maybe at some point in the future, there is to include a
subdefinition of a non-treaty First Nation as prescribed by
regulation.
Thanks to the explanation from the Attorney, I get the mechanism. I
don’t think it’s a great mechanism. Not that the world is going to stop
turning, but it’s not the best way to do this.
That’s it on 4, hon. Chair.
[3:25 p.m.]
A. Olsen: Part of the reason why I like following the debates between these two
members is because I learn something as well.
I just have a question with respect to the line of questioning that was
coming from the member for Abbotsford West on treaty First Nation. How do
historical treaties…? We’ve got a number of historical treaties in the
province. How do they fit within the definition as has been discussed here in
the last few minutes?
Hon. D. Eby: The immediate answer is: we don’t have any understanding that any of the
historic treaties create a jurisdiction for a violation for law-making ability
that would create a violation that could be enforced in Provincial Court. The
longer answer is that there are many agreements that have been entered into
with, for example, Treaty 8 First Nations that could have those kinds of
provisions in them. So they would fall within this discussion that we’re having
about a defined treaty First Nation under the amendments that are in front of
the House.
If one of these nations had that jurisdiction, whether it was through
the historic treaty or through a modern agreement that was not a full treaty,
they could request to be included in this provision and have those offences
prosecuted in Provincial Court.
A. Olsen: Just one final question on this. The right within the Douglas treaties
to hunt and fish as formerly…. Presumably, there would have been some
law-making capacity within those communities. So when there is an historic
treaty that identifies the right to do something as formerly…. For example, the
right of the SX̱OLE, the reef net fishery,
had a whole series of laws and rules around it that we’re following.
I don’t know the answer to this question. I’m very curious, in fact.
Does that treaty, in protecting the right to do something as it was, presumably
including making laws around it…? How would that apply to this legislation
we’re debating today?
Hon. D. Eby: I remember how excited I was to learn something about the bill, even
though…. Staff have just advised me that the member for Abbotsford West’s
questions and the member for Saanich North and the Islands’ questions have
created a bit of a flurry behind the scenes. Leg. counsel was contacted, and
they said, actually: “What are you guys talking about? Treaty First Nation is
defined in the
Interpretation Act.”
That is the
interpretation that we intended that should be used in this
bill. Treaty First Nation means a treaty First Nation, which explains a couple
of things. First, that the member for Abbotsford West’s instinct that this was
a rather clunky mechanism, which is not my experience with leg. counsel;
they’re usually very careful about this kind of thing…. His intuition was
right. That is not what leg. counsel intended. That’s not what government
intended. Treaty First Nation is defined in the
Interpretation Act.
And to the member for Saanich North and the Islands, the questions about
jurisdiction that flows from the historic treaties, the treaty First Nations
are defined in the
Interpretation Act, and I will get that member the
definition for that. I don’t believe it includes the Douglas treaty.
M. de Jong: Thanks to the Attorney for indicating the conversation that’s taking
place. I guess we are obliged to ask: are his officials and leg. counsels
sufficiently concerned about this to want the committee to hold off?
My sense is this might be a fairly…. This is not something we’re going
to fix on the fly here. But are they sufficiently exercised about this to want
to have the
section held back to consider further?
[3:30 p.m.]
Hon. D. Eby: I don’t know where staff are at, but I am sufficiently concerned to want
to be 100 percent sure when advising the House about the meaning of this
provision. I’ll suggest that we stand this
section down and proceed to the
other sections.
This
section stands alone, in terms of the definition of a treaty First
Nation. We can return to this
section once I have a clear answer for the House,
before members have to vote on it.
The Chair: The Attorney has suggested we stand down clause 4. We will come back
to that after proceeding through all the other clauses.
Clause 4 stood down.
On clause 5.
M. de Jong: The
section amends the existing
section 11 by eliminating the words
“under
section 14.”
[N. Letnick in the chair.]
This is about commencing proceedings. I understood this to mean that the
reason
section 14, which lays out all of the information and details and
requirements of a violation ticket…. That reference in
section 11 had to be
removed because it is now possible, or it likely will be possible, for
proceedings to be commenced in two different ways: a violation ticket under
section 14, but also a treaty First Nation violation ticket.
Does that explain the need to delete, in
section 11 of the Offence Act,
the reference to
section 14?
Hon. D. Eby: The definition of a violation ticket already refers to
section 14, so
removing the reference “under
section 14” eliminates that redundancy. Also,
given the proposed amendment to the definition of “violation ticket” to include
violation tickets issued under treaty First Nation laws, removing the reference
section 14 also allows
section 11 to include violation tickets that are
issued under those laws.
The member is right. I would just add on to it that the effort here was
to remove the redundancy, as well, in the definition of “violation
ticket.”
Clause 5 approved.
On clause 6.
M. de Jong: We’ll deal with clause 6 in two parts.
So 14.2(1) lists the existing provisions of the Offence Act that will
apply to a treaty First Nation law, and then sub (2), those sections which
won’t apply. The
part in sub (1) that I wanted to quickly canvass says that
section 8 of the Offence Act will continue to apply in relation to disputes of
a violation ticket.
Section 8 is the jurisdiction
section of the Offence Act, and it speaks
to this: “…every justice has jurisdiction to try, determine and adjudge
proceedings to which this Act applies in the territorial division over which
the justice has jurisdiction.” Does that mean a prerequisite to this working is
that a justice, a judge of the Provincial Court, must secure jurisdictional
authority over treaty settlement lands?
[3:35 p.m.]
Hon. D. Eby: It’ll take me a moment to get an answer for the member on his question.
I’ll say just in brief that it’s not the intent of government — the meaning to
which the member has ascribed this section.
The Clerk was kind enough to pass up the
Interpretation Act so that I
could read it into the record. Actually, I’ll wait until we go back to
section
4, just to avoid confusing things. If the member could give me one second,
we’re just going to clarify why we do not believe that that meaning is relevant
to this section.
The Provincial Court has designated a courthouse for treaty First
Nations. This was done years ago so that each nation has a designated
provincial courthouse where these matters will be determined.
M. de Jong: Not to belabour the point, as I recall, a designated courthouse might be
different than vesting, in a judge, jurisdictional authority. Or maybe it’s
not. Maybe one goes with the other. I wonder, though, given the composition of
the…. It’s the treaty that I’m thinking about and the complexity of the treaty,
where First Nations were understandably very concerned about preserving
jurisdictional authority over treaty settlement lands.
Whilst I accept and understand what the Attorney is saying about having
designated a courthouse as the place where disputes would be settled — that is
a practical issue and it’s important that that was done — is the Attorney
satisfied, pursuant to
section 8, and having regard for what the treaties say,
that a Provincial Court judge has the required jurisdiction to adjudicate
disputes emanating from treaty settlement lands?
Hon. D. Eby: I’m worried we may be talking at cross-purposes here. I’m not 100
percent sure that I’m getting the member’s question.
There are a couple of pieces, I’ve been advised. First of all, in the
Tsawwassen First Nation treaty, for example, it’s really explicit. It says that
jurisdiction for offences created using the authorities under the treaty will
be adjudicated in Provincial Court. The Provincial Court has designated
specific courthouses, and Provincial Court judges have jurisdiction. They have
it provincially, but there’s a designated courthouse where there’s this
expertise, and so on.
If there’s a dispute over territory…. The only disputes that this
legislation is intended to apply to are violations of laws that are put in
place by the nation, pursuant to the treaties, under the jurisdiction that they
have assumed under the treaty, and not any other disputes.
[3:40 p.m.]
I think that is responsive to the member’s question, but I’ll take his
advice about it if he wants to clarify a little bit more for me and walk me
through what his question is.
M. de Jong: I think we’re getting there. I may have expressed this clumsily, and
I’ll just take one more crack at it by way of an example.
I’m driving along in Huu-ay-aht territory, and I get a violation ticket
for speeding issued by the treaty First Nation that is the Huu-ay-aht. I show
up in…. I’m not sure where it would be there, probably Port Alberni. I’m not
sure which Provincial Court, but I’m assuming Port Alberni. I’m a smart guy, a
smart aleck, and I say to the judge: “Well, that’s fine, except I don’t think
that, Your Honour, you have jurisdiction. I don’t think you have the
territorial division over which the justice has jurisdiction. I don’t think
that includes treaty settlement lands.”
I think the Attorney General is saying, “Fear not. It actually does,”
and all of those mechanisms are in place to ensure that it does. That was the
essence of my question.
Hon. D. Eby: I thank the member for slowing it down for me. Yes, that’s correct. All
of the pieces are in place for appropriate jurisdiction.
M. de Jong: Let’s drop down to sub (2). These are the provisions of the Offence Act
that will not apply in relation to the dispute of a violation ticket issued
under a treaty First Nation law. The first one referenced there is 16(1). So
16(1) is the response to a ticket and specifically, I guess, a non-response.
What we would call this is a default judgment against the person getting the
violation ticket, the deemed guilty. You get your speeding ticket. You don’t do
anything. You’re deemed to be guilty. That provision does not apply, we are
told.
Was that part of a request? What’s the rationale, and was there an
expression of interest on the part of treaty First Nations to establish their
own rules around that? What’s the reason for deleting sub 16(1) from the
operation of the act as it relates to treaty First Nation laws?
[3:45 p.m.]
Hon. D. Eby: The member has asked about, essentially, a default judgment. The way
that this is structured is that the default is going to be under the law
established by the nation, rather than by the Offence Act.
Coming up in
section 10, the member will see that we are proposing an
amendment to subsection 16(2). The proposed amendment to 16(2), which does
apply — 16(1) does not — says that failure to respond to a ticket includes a
person who “is deemed to have pleaded guilty” under subsection (1) “or under a
treaty first nation law.”
This construction is intended to put in the hands of the nation what
timelines they feel are appropriate for deeming someone to have pleaded guilty
and allows them to have control over their own laws and how they are ultimately
prosecuted.
The default provision of the provincial law, sub 16(1), is removed by
this section, and sub 16(2) is left, and it creates an enforcement mechanism,
essentially, for the deeming provision under the First Nations treaty law
rather than under the provincial law.
M. de Jong: Okay. Two things, I guess, flow from that. Having made the decision to
proceed in that way, I guess what follows are, on a provincial basis, violation
tickets adjudicated under the Offence Act. There’s one set of rules around
timely response. I guess we have to contemplate that in the case of treaty
First Nations and treaty First Nation laws, there may well be different default
provisions as established by individual First Nations. Is that a fair
conclusion?
Hon. D. Eby: That’s a fair construction, and it’s in accordance with the
agreement that was struck in the treaty that the nations would be able to do
that. So it’s our treaty obligation to enable that.
M. de Jong: I expect there…. Well, maybe I shouldn’t expect anything. Rules of
procedural fairness, though, would suggest that a violation ticket issued in
respect of a treaty First Nation law would need to include the specific
requirements for timely response and the consequences that flow from
non-response. That’s my expectation, and I see the Attorney nodding.
I guess the question is — we both assume that is the case: what’s the
mechanism by which we can assure people that that is the case?
Hon. D. Eby: The member is right in terms of what our expectations are. In this
place, they’re not relevant. What these amendments are doing are
operationalizing the authorities within the nations to set these provisions for
themselves: deeming provisions, what the violations are, what the amounts of
the fines are. All of these kinds of things are within the treaty. The
authority is within the treaties, and these amendments are attempting to
operationalize that.
The amendment that’s coming up under
section 10 of this bill that’s in
front of the House is to operationalize the ability to have a deeming provision
if the nation wants to do that. What that looks like and what the timing is,
and so on, will be determined by the nation in accordance with their treaty
rights.
[3:50 p.m.]
M. de Jong: Well, let’s go down to
section 18 again. That’s a provision that doesn’t
apply. On the surface, it kind of makes sense, because it refers to the
Insurance Corp. of British Columbia. But elsewhere in the bill before us, there
are provisions that specify that where we see reference to the Insurance Corp.
of British Columbia, we should read in treaty First Nation. I take it this is
not one of those places, and the decision was made that this doesn’t need to
exist.
It’s a provision that allows, in this case, the Insurance Corp., under
certain circumstances, to cancel a violation ticket. Did treaty First Nations
want to preserve….? Or should I assume, by virtue of its inclusion in
part 6,
that they did not want to preserve some governance authority to cancel a
violation ticket prior to adjudication?
Hon. D. Eby: The core of it is — my understanding from staff — that cancelling a
ticket should be preserved within the authority of the issuing nation as
opposed to the Insurance Corp. of B.C.
Section 18 relates to cancelling a
violation ticket that doesn’t disclose an offence on its face. If you wanted to
a cancel a ticket like that, you’d need to go to the relevant nation to do
that, not to ICBC. This was a cooperatively drafted set of provisions with the
nations.
M. de Jong: Thanks to the Attorney. No, I get that. I understand that. But I
wondered about the reference elsewhere in the legislation that said, “Where you
see Insurance Corp. of B.C., read in treaty First Nation,” so that were the
provision to remain, it would make clear the treaty First Nation’s authority to
cancel a ticket, unless I have read the cross-references
incorrectly.
Hon. D. Eby: The nations don’t need this
section to have that authority to cancel a
ticket. So reading through other provisions where it says ICBC, reading in the
First Nation is not necessary, because all of those provisions and authorities
are contained within the treaty rights of the nation to establish offences,
cancel tickets and these kinds of things. This is about the prosecution of
valid tickets in Provincial Court.
M. de Jong: Then simply to…. Two final areas in this section. Sub 81(8) is the
general regulatory provision as it relates to the
Lieutenant-Governor-in-Council. I take it that
section is redundant insofar as
treaty First Nation laws and treaty First Nation violation tickets is
concerned?
Hon. D. Eby: The member is correct. It’s not necessary.
M. de Jong: And then finally on this sub-subsection (2)(f), I just found the
language really general and not the kind of thing I have been accustomed to see
from leg. counsel. The following provisions do not apply: sections 16, 18,
18.1, 31, 81, oh, and by the way, anything else that doesn’t apply to violation
tickets. Are we certain that in the hallowed spaces of drafting precision that
that phraseology is sufficient to avoid confusion somewhere down the
line?
[3:55 p.m.]
Hon. D. Eby: Once burned, twice shy. The member’s Spidey sense was tingling about
another provision, and I assured him that that was…. And then I had to correct
myself on the record.
Let me say this. I am advised that the drafting of this provision is
deliberate. The Offence Act is an antiquated statute that has not been
modernized. It is very complex, and the sections are interrelated. There were
twin concerns, both of inadvertently listing a
section that did not apply, that
perhaps some case, somewhere, said could potentially apply, or the reverse:
inadvertently not excluding a
section that applies to, for example, long-form
information and having it apply inadvertently to a violation ticket.
The drafting choice was made to, say, for a court that is asked to look
at a violation ticket in a
section of the act, make sure that the sections of
the act that don’t, in the court’s opinion, apply to violation tickets should
not apply. Those that do, should.
The concern of the drafters was inadvertently applying the wrong
sections to First Nations offences or inadvertently excluding a
section that,
actually, a court, it would turn out later, might need. So the member is right.
It is unusual drafting, and it is due to the unique and unusual nature of the….
Well, not unique, but certainly due to the nature of the Offence Act as being
quite an old statute with many overlapping provisions.
Clause 6 approved.
On clause 7.
M. de Jong: I’m looking at 7 and the amendment that is contained in 3.1. So this is
an amendment, now, to
section 15 of the Offence Act, which relates to disputing
a ticket, and it lays out a person to whom a violation ticket has been issued
by a treaty First Nation under treaty First Nation law, where they’ve been
served or it’s been mailed, and that person may dispute the allegation of the
ticketed amount indicated on the ticket in accordance with the procedures and
with the time provided under the applicable treaty First Nation law.
I think the practical question that flows from this for the average
person is: what’s the attorney’s expectation, and what assurance, if any, has
he received from the treaty First Nations about the ability to access those
laws? Let’s start there, since everything flows from the treaty First Nation
law, which will, in this case, give birth to a violation ticket that may well
apply to engage someone who is not a member of that treaty First
Nation.
[4:00 p.m.]
Hon. D. Eby: Modern treaty First Nations do have to maintain a public registry of
laws under the final agreement. But if there was a dispute about that or there
was some confusion about it or if the provision was not there, our treaty
obligation is to enable the treaty First Nations to issue these tickets and to
have them prosecuted in Provincial Court. It wouldn’t be for us to amend the
Offence Act to put additional requirements that were not part of the final
agreement into the final agreement through amending the Offence Act
later.
Happily, I’m advised by staff that the modern treaties do include that
requirement of maintaining a public registry of laws.
M. de Jong: The expectation, therefore, would be a collection…. Dinosaurs like me
still go to paper copies of revised statutes. But the expectation is that there
would be, online, a collection of Huu-ay-aht or Tla’amin or Tsawwassen
laws which the recipient of a violation notice could consult to determine
precisely the law that they are alleged to have transgressed and then defend
themselves accordingly if they chose to.
Hon. D. Eby: The treaty First Nations, per final agreement with government, are
required to maintain a public registry. What form that takes and how the
nations establish that public registry…. There is discretion in how the nation
does that. The requirement, on their end, is a public registry, and on our end
is the ability to enforce violations of those laws through Provincial
Court.
I just wanted to be clear about what expectations may be in this place
versus how the obligations are realized. The obligation is a public registry.
The obligation is on the treaty First Nation, and there is discretion in how
they realize that, but there does need to be a public registry. Similarly for
us, there does need to be a mechanism to enforce this through Provincial
Court.
M. de Jong: Last question on this point. And it is a question. Would it be fair to
has received a treaty First Nation violation ticket, pursuant to a treaty First
Nation law, would very much go to the question of procedural fairness and, were
reasonable access not afforded, would be potential grounds for
dismissal?
Hon. D. Eby: The extent to which a registry was public, and that a nation fulfilled
its obligation to have a public registry so that the law could be known, could
potentially be an issue for court and could potentially be considered in a
particular ticket prosecution.
M. de Jong: Do the remaining provisions of
section 15, as they relate to disputing a
violation ticket, continue to apply?
[4:05 p.m.]
Hon. D. Eby:
Section 7 of this bill, (a)(3.2), reads: “For certainty, subsections
(1) to (3) and (4) do not apply to a dispute of a violation ticket issued under a
treaty first nation law.” That is a subsection that’s added to
section 15, so
it excludes the application of those subsections of
section 15. The member will
see the other sections, as amended, in the bill in front of the
House.
Clause 7 approved.
The Chair: I understand that the Attorney has information regarding clause 4. Is
that correct? Does the member for Abbotsford West wish to go back to clause
4? Or would you like to wait until the end of the bill?
Interjection.
The Chair: Attorney, is that okay?
On clause 4.
[4:10 p.m.]
Hon. D. Eby: The definition of “treaty first nation” in the
Interpretation Act says,
as follows: “‘treaty first nation’, as the context requires, means (
a) a first
nation that is a party to a final agreement, or (
b) the government, as
constituted under the final agreement and constitution, of such a first
nation.”
That definition applies to this bill that is in front of the House and
restricts the applicability of these amendments to treaty First Nations which
are First Nations that are party to a final agreement. Just to clarify, in my
initial answer, when I listed the nations, we talked about
Nisg̱a’a being eligible but deciding not
to participate. That is the group of nations that this bill will apply
to.
If the members would please disregard my answers to the questions that
went down that meandering road, and led to some confusion in the House, I
apologize for that. Hopefully, with that clarity, the members will be able to
understand what they’re voting on, Mr. Chair.
M. de Jong: Yes, I think that’s helpful. The conversation we had about the ability
of other non-treaty First Nations taking advantage of this legislation doesn’t
apply. They wouldn’t be able to do that?
Hon. D. Eby: That’s correct. The regulation-making
section would be for other treaty
First Nations that enter into a final agreement with government.
Clause 4 approved.
Clauses 8 to 13 inclusive approved.
On clause 14.
M. de Jong: Not a huge point. It involves money, so I guess it’s always a relevant
point. This refers to the transfer of ticketed amounts. We’re dealing with a
situation in which a person gets a violation ticket issued with respect to a
treaty First Nation law — a treaty First Nation violation ticket that is, I
guess, challenged and adjudicated in Provincial Court, with a finding of guilt,
and a fine is assessed.
That fine is paid to the provincial Crown — if I’m getting any of this
wrong, I’m sure the Attorney will correct me — but the revenue is due to the
First Nation, pursuant to the treaty agreement.
As I understand it, this provides the authority to transfer that amount
to the First Nation, but it’s a very specific kind of authority. It’s a
statutory appropriation, meaning that it’s not captured by a vote in this
Legislative Assembly. It is an entitlement. Well, it’s an obligation, but there
is also a statutory authority on the part of the provincial Crown to transfer
that money on to the First Nation without the requirement of seeking spending
authority in this chamber. Is all of that a correct description of what is
taking place here?
Hon. D. Eby: Yes, that is correct.
M. de Jong: I’ll ask this question, knowing that these were matters that were
considered at the time these seven treaties were negotiated, but it is a direct
flow-through. There’s no deduction for court costs or for administrative costs?
The amount of the fine…. If it’s a $100 fine — administered by the Provincial
Court judge with respect to a violation ticket — then, upon receipt of that
$100, the full amount is transferred to the treaty First Nation?
Hon. D. Eby: That’s correct, and it’s consistent with the treaty language.
M. de Jong: I had one other question, but I think we’re going to get to that. I can
advise the committee that my next question related to the application of the
victim fine surcharge, which I think shows up in
section 22.
[4:15 p.m.]
I was going to ask, just for the convenience of staff, that if we passed
sections 14, 15 and 16, and then were to go briefly to the two sections on the
Safety Standards Act and the Victims of Crime Act, it would save having the
Children and Family folks come in and out twice. I guess the first order of
business would be 14, 15 and 16.
Clauses 14 to 16 inclusive approved.
M. de Jong: I wonder if we might deal with sections 20, 21 and 22? I don’t think
we’ll be long, but that’s the Safety Standards Act and the Victims of Crime
Act. I can tell the Attorney that on
section 22 my only question was going to
be the rationale for not applying the victim….
The Chair: We’ll stand down clauses 17 through 21.
Clauses 17 to 21 inclusive stood down.
On clause 22.
M. de Jong: The provision makes it clear that the provisions of the victim surcharge
levy do not apply with respect to violation tickets and fines collected
under treaty First Nation violation tickets. What was the rationale for that?
It struck me that the Attorney might have been confronted by arguments from
First Nations that said: “We wouldn’t mind having access to those additional
resources as well.” What gave rise to the inclusion of
section 22?
Hon. D. Eby: This was at the request of the treaty nations. I’m advised that one of
the reasons — there may have been others — for it was that, most likely, the
most frequent folks who are going to be issued tickets under treaty First
Nations laws are treaty First Nation members. The treaty First Nations did not
want to be adding additional levies onto their constituents which are not
necessarily going to return a benefit back to the community.
The victim surcharge levy goes to provincial programming, which is
provincewide. That is the policy rationale for that.
Clause 22 approved.
The committee recessed from 4:18 p.m. to 4:19 p.m.
[S. Chandra Herbert in the chair.]
On clause 20.
The Chair: We’ll bring this committee back into session. We are on clauses 20
and 21, Safety Standards Act.
[4:20 p.m.]
M. de Jong: I think we have heard in part about the circumstances that have given
rise to the need and the desire to amend the Safety Standards Act — which, in
the instance involving a trampoline, was indeed tragic. I think the motivation
here is not in any way, shape or form in doubt. I do think we have a role,
though, and a job to try and make sure we’re hitting the mark with this and not
having unintended consequences.
I had a look at the Safety Standards Act and the Safety Standards
Regulation that exist and that already apply. As one of the defined regulated
products, we have amusement rides, and now we’re going to have a regulated
product: activity amusement devices. Now, I’m going to say that I’ll try not to
take more time than is necessary here. I have to believe that is a purposeful
choice. We didn’t amend it to say “amusement rides include trampolines,” which
I suppose would have been another way to be certain that we are capturing the
situation with trampolines.
The government and the Attorney have chosen to create a new definition.
I don’t know if it’s a sub-subdefinition. It looks the way it’s numbered like
it is. I don’t even know what the significance of that is — sub (i.1). But
anyway, I guess that’s just a numbering system to slot it in there without
having to renumber everything else.
What distinguishes an amusement device from an amusement ride, because
lot of stuff flows from that.
Hon. D. Eby: Yes, the member is right. This, although feeling a bit arcane, is an
incredibly relevant provision to a number of families in the province because
of tragedy — a family in Richmond who lost a dad who jumped into a foam pit and
broke his neck, a family in Victoria whose daughter broke her back jumping into
a foam pit. These were both at so-called trampoline parks. That is the mischief
that this is aimed at.
We would like Technical Safety B.C. to oversee this growing sector.
Understandably, in the rainy Lower Mainland, and not specific to the Lower
Mainland either, these indoor kinds of amusement parks are growing across the
province, so we would like Technical Safety B.C. to be in there and have a look
to make sure that these kinds of tragic outcomes don’t happen when a family
goes out for a fun weekend.
The difference between an amusement device, which is what we’re adding
here, and an amusement ride, which is already regulated, is that an amusement
device is generally not mechanized and relies on either gravity or human power.
An amusement ride, which is already regulated, is typically mechanized and
usually move a rider through a set course, like roller-coasters or other rides
at the PNE. Those are already regulated.
“Amusement devices” could be seen, I understand, to be very broad. I
mean, there are so many things that are potentially amusing. Amusement devices
could be really anything. It could be a TV. It could be a baseball glove. But
it’s not. It’s a term of art, I understand from industry, that’s understood by
industry. It’s the same term that is used in the standards that are proposed
for adoption under the regulation.
There will be limits in the regulation requiring the provincial safety
manager to do a risk assessment before any other amusement devices are
considered for regulation. That risk assessment is going to include criteria
like the type and severity of potential injury, the likelihood of an injury
occurring, the ability of patrons to control their exposure to risk, whether
users include children and young adults and whether regulatory oversight can
reduce risk and eliminate hazards.
[4:25 p.m.]
On that note, I will point out that I’m joined in the House today by
Aman Gill. He’s the manager for safety policy, building and safety standards
branch, within the Ministry of Attorney General, who’s assisting me here
today.
It is an application of that policy before any amusement devices are
added as being regulated. That’s how we’ll ensure it doesn’t capture a whole
array of devices that people could probably imagine in this place. I
heard the Leader of the Third Party ask about a specific definition for the
term, and that’s why I went a little more into depth than the member’s question
might have indicated.
M. de Jong: The Attorney’s answer is helpful because it partly illustrates, I guess,
the issue arising from, again, what I believe is a very well-intentioned
proposal to amend the act. It is all of those other devices that could
conceivably be captured by this.
The minister, I think, is saying that this is designed to address a
specific type of activity, but the government has chosen not to redefine an
amusement ride, for example, to include a trampoline park, which would have
been one way to make very clear what the objective is.
If we go to the regulations, “amusement ride” is defined. I won’t
read it into the record. It includes recreational railway, which is
interesting, but the mechanical part of it that the Attorney referred to, I
think, is reflected in that definition.
Has the Attorney got a draft definition that he can provide to
the committee for what may well become a very important term going forward from
a regulatory point of view: amusement device? Do we have a
definition?
Hon. D. Eby: We don’t have the final proposed language for regulation, but the
working definition currently is — subject to potentially significant work by
leg. counsel, so I provide it simply in the nature of advice to the member to
give an indication of where we’re headed, as opposed to that this is likely to
be the final language: an “arrangement of technical systems that individuals
move through or on primarily by their own action or gravity and are not
mechanized.”
Some of the intent here is that when you’re talking about a trampoline
versus a foam pit versus some of these…. It’s a rapidly evolving area, so just
making sure that we’re capturing the intent here of the specific types of parks
where these injuries took place, but also that they may choose to modify their
devices to avoid oversight, for example, and that are trying to capture, in our
definition, sufficiently the intent so Technical Safety B.C. can apply their
policy around the likelihood of serious injury, the population that’s using it
and so on in determining whether or not to regulate a particular
device.
M. de Jong: We’ve all seen, even if we haven’t participated, the advent of
facilities like skateboard parks. I’m told, when I toured the Rick Hansen
centre for spinal cord research, that the greatest cause of spinal cord injury
now is mountain biking. Now there’s a mechanical dimension to that. We know
that taking your mountain bike on a mountain bike trail is not, I don’t think,
an amusement ride in the way that the act…. Does that park, if it’s a formal
location…? Is the definition going to be broad enough to capture that kind of
activity, or a skateboard park?
[4:30 p.m.]
The relevance, I think the Attorney can understand, is further on in the
regulation. Ironically, the one for amusement rides is contained in something
called the elevating…. It’s the elevator regulation that has the amusement
ride. I’m guessing that what the government contemplates is a similar set of
regulatory provisions which govern everything from who may do work on an
amusement ride, classes of contractors licences for work.
Again, to bring this back, I don’t think the concern is about those
kinds of provisions applying in the case of the specific example the Attorney
General has referred to, but the possibility that the breadth of this
definition could begin to capture…. The Attorney…. I think he came up with this
on the fly, but is there going to be a whole new, broad level of regulation for
people who sell electronics, TV and entertainment devices, amusement devices —
games, I guess? Again, there’s a mechanical dimension to that, but it’s
a pretty personal mechanical dimension.
The Attorney has spoken about the direction the government is headed in.
I suspect in the days ahead we’re going to refer to — not in this context —
something the Privacy Commissioner had to say about another piece of
legislation, where he talks about having the ability to look at regulations in
the context of…. I think that this is one of those cases where it would have
been helpful — that’s why I mentioned it in second reading remarks — to have
some certainty around the definition of an amusement device. We know what it’s
intended to include, but it may be far broader than that.
I guess my question to the Attorney is, once that term has been embedded
in the act, I presume the government intends to devise regulations somewhat
similar to what apply to amusement rides, tailored to the unique
circumstance of an amusement device. At the moment, we are thinking about all
of those things without really knowing what an amusement device is.
Hon. D. Eby: The overall philosophy of Technical Safety B.C. around these things is
to only regulate in areas where there’ll be a meaningful safety benefit and not
to interfere with the overall experience of people when they’re going through,
currently, mechanized rides and soon, hopefully, if the House sees fit to
approve this, non-m