British Columbia Hansard — Tuesday, April 2, 2019 p.m. — Number 229 (HTML) (41st Parliament, 4th Session) (20190402pm-Hansard-n229)
20190402pm-Hansard-n229
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, April 2, 2019
Afternoon Sitting
Issue No. 229
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Orders of the Day
Committee of the Whole House
Bill 10 — Income Tax Amendment Act, 2019 (continued)
M. de Jong
Hon. C. James
M. Bernier
R. Coleman
A. Weaver
T. Redies
S. Bond
Reporting of Bills
Bill 10 — Income Tax Amendment Act, 2019
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Forests, Lands, Natural Resource Operations and Rural Development (continued)
Hon. D. Donaldson
J. Tegart
D. Barnett
J. Rustad
D. Clovechok
D. Ashton
L. Throness
D. Davies
S. Gibson
J. Sturdy
S. Furstenau
A. Olsen
TUESDAY, APRIL 2, 2019
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued debate on Bill 10. In
Section A, the
Douglas Fir Room, I call continued debate on the estimates of the Ministry of
Forests, Lands, Natural Resource Operations and Rural Development.
[1:35 p.m.]
Committee of the Whole House
BILL 10 — INCOME TAX
AMENDMENT ACT,
(continued)
The House in Committee of the Whole (Section
B) on Bill 10;
J. Isaacs in the chair.
The committee met at 1:36 p.m.
section 1 (continued) .
The Chair: I call the committee back to order on Bill 10, Income Tax
Amendment Act, 2019, and we’re resuming discussion on the
agreement.
M. de Jong: Well, the lunch hour is good for a variety of things, and getting
my blood pressure under control is one of them. The minister, perhaps,
has had an opportunity to think about the discussion that we had leading
up to the lunch hour.
Just to recap, we have, over the course of the couple of days,
talked about the employment implications. We have ascertained that the
government forecast 10,000 jobs being created in the construction phase.
They present themselves at different stages along the construction
process. The government is also forecasting, I think, 1,000 permanent
jobs for this two-train facility — at least, that’s what they have told
us.
We learned yesterday that the minister is budgeting…. When we say
budgeting, I presume factoring in income tax implications, amongst other
things, on the basis that 35 percent of those jobs will accrue to
British Columbians, 65 percent to non–British Columbians. Though, her
team at the treasury branch have suggested that that number could be as
high as 55 percent with 45 percent of the employment labour
opportunities accruing to people outside of British Columbia.
We then spent some time before lunch canvassing some work that has
been undertaken within the government, apparently, involving temporary
foreign workers. It appears, on the basis of the documentation that
we’ve received, that the government has undertaken some work that would
provide LNG Canada with unique or expedited access to temporary foreign
workers. I asked the Minister of Finance to provide the committee with
some indication as to the nature of that work and the nature of the
unique arrangements that may now be in place following on the aftermath
of the decision note — not a briefing note but a decision note — dated
November 28, 2017, signed by the Jobs Minister. I have provided a copy
to the minister.
I think I’m being fair and accurate in suggesting that the
minister was reluctant to answer that question directly and instead
suggested that we could peruse that issue with the Jobs Minister at some
future date and that, for her, all the committee and British Columbians
needed to know about was the letter that she has referred to touting the
employment opportunities and highlighting the objective that the
government and LNG Canada have to maximize the use of B.C.
labour.
[1:40 p.m.]
So having had some time to reflect on that exchange…. And if I
have characterized that or described it inaccurately, I’m happy to hear
from the minister. I don’t think I have. I’ll ask her again to alert the
committee and British Columbians, to answer whether there is a unique
arrangement in place specific to the LNG Canada project to facilitate
the entry and employment of temporary foreign workers.
Hon. C. James: Yes, we have canvassed this, and the arrangement in place with LNG
Canada is stated very clearly in the workforce strategy letter. That
speaks to local hire first. That speaks to the apprenticeship programs
that they are putting in place. It speaks to the contracts that are
already in place with First Nations, with B.C. businesses. And that’s
the contract that is in place.
I know the member wants to canvass an area that is the
responsibility of the Jobs Minister. He will have the opportunity to do
that, as they do with other issues that come up for other
ministers.
M. de Jong: Is the minister advising the committee today in advance of the
vote that will breathe life into this agreement with LNG Canada…? Is she
advising the committee that there is no such arrangement relevant,
specifically, to this project to facilitate the entry and employment of
temporary foreign workers?
Hon. C. James: I’m advising — as I have, as I’ve continued to answer and as I’ll
continue to give the response — we have an agreement with LNG Canada
around the workforce strategy outlined in the letter. If the member
wants to canvass an area that is the responsibility of the Jobs
Minister, he is more than welcome to do that.
We have had a good discussion. I recognize the member may not like
answers, but the responses and facts around the revenue projection that
was utilized, the numbers for estimates put in place around jobs — those
are the numbers that are part of this agreement and part of the
discussion we’ve had.
M. de Jong: Well, to be clear — and, again, if I misstate this, I invite the
minister to correct me — the minister’s response is that if members of
the committee wish to know whether there is a specific or unique
arrangement in place pertaining to the use of temporary foreign workers
on the LNG Canada project, they can ask another minister at another time
after they have voted on this legislation and agreement. Isn’t that
correct?
Hon. C. James: Again, I recognize the member may want a different answer, but I’m
going to give what is the answer, which is that we have a letter in
place with LNG Canada. They have a workforce strategy. We have outlined
that strategy. That is a public strategy. We have outlined the numbers
that are in place for jobs and the numbers that we use for the budget
estimates. That’s public information. We’ve had that discussion. Those
are the realities, and those are the agreements that we have in place
with LNG Canada.
M. de Jong: To say that I’m disappointed by the minister’s lack of
forthrightness is an understatement. I think it’s deplorable. I think
she should be ashamed. I hope she hasn’t put the project in jeopardy.
But it will have been her choice to do so, by virtue of her
unwillingness to answer a straightforward question that is entirely
relevant to the determination before us.
[1:45 p.m.]
Carbon tax. Amongst the material that we have received from the
government is a forecast. We’ve dealt with some of the forecasts. Just
to be, again, hopefully helpful to the minister and her team, for the
purpose of the next couple of questions…. Then my colleagues are going
to pick up on this.
In the package that we received yesterday, slide 6, entitled
“Forecast cumulative B.C. revenue….” I’ll wait to see if the minister
has that document. I think she does.
Maybe I should start with this. The government has presented some
revenue forecasts. These relate to a sort of range — low scenario, high
scenario. It varies. I want to confirm this is over a 40-year period. It
varies between $18 billion and $25.27 billion. Maybe a good place to
start is, just to confirm, that is over a 40-year period, operation of
the project. Sorry, I shouldn’t say that.
This is a generic model, as opposed to…. And then there are
reasons to make that distinction that I’m alive to. It’s a generic
model, and this is the government’s attempt to model what the revenues
would be over the 40-year cycle of a project — I believe a two-train
project. The low and the high are $18.27 billion to $25.27 billion. Have
I characterized the document correctly?
Hon. C. James: Yes, you have, Member.
M. de Jong: The first part of that that we’d like to focus on relates to
carbon tax. But again, maybe I should ask one more general question.
When the government has been touting the $23 billion benefits estimate,
does that derive from this analysis, from this forecast?
Hon. C. James: Yes, this is the methodology that was utilized. The $23 billion
was work that was done with LNG Canada and ourselves using this
methodology.
M. de Jong: Sorry, I may have missed the important part of the minister’s
answer. Was I correct that the $23 billion estimate of benefits to
government, revenue to government, derives from these presumptions,
these assumptions?
Hon. C. James: Yes, this was the methodology that we used through this approach.
As I mentioned earlier, we worked with LNG Canada, obviously, to look at
specific assumptions to be able to include. But this was the methodology
that we utilized.
M. de Jong: Okay. Let’s start to break out some of these numbers. The estimate
over the 40-year life period of a generic type operation — the minister
had added that for these numbers, the government has been assisted by
discussions with LNG Canada — is that the Crown would realize carbon tax
revenues of $3.25 billion. Is that correct?
[1:50 p.m.]
Hon. C. James: As the member knows, on the page, there’s a range. The range is
$3.5 billion to $3.75 billion in carbon tax in a generic model of
LNG.
M. de Jong: The minister is correct. It is a range, and I apologize for not
mentioning that. It’s also my opportunity to put on the record my
suspicion that her very able and senior staff have purposely used
colours on these charts, knowing that the person on the other side is
colour blind. Kidding. The material is very helpful, and the following
chart also. We are obliged to the folks for providing it.
Here’s what we’d like to get to. We’re going to have some other
colleagues follow this up. But the crux of the matter is there’s an
agreement in place, which members will discuss with the minister, that
provides…. I presume the model operates on the basis that the carbon tax
is capped at $30 in a way that reflects what is in the works for LNG
Canada.
The question is: what is the foregone revenue? What is the
estimate around foregone revenue over the similar period, were the
carbon tax for the LNG sector to track at the rates that other British
Columbians are paying? I think I’ve expressed that question, hopefully,
clearly enough for the minister to answer.
Hon. C. James: Again, using the low and high, because that’s the way the
assumption model has been built, our generic scenario, the low estimate
would be $500 million and the high estimate would be $560
million.
M. de Jong: Okay. Let me make sure I understand the answer. The minister is, I
think, saying that over the 40-year period, were the operator of this
generic, two-train LNG facility to be paying the same rate of carbon tax
as the average British Columbian, the Crown would realize an additional
$500 million to $560 million. I’m a bit surprised. I would have thought
the amount to be higher.
[1:55 p.m.]
Maybe the minister could share some of the details of the
calculation. If we’re in a world where the operator of an LNG facility
is paying $30 a tonne and British Columbians are paying $50 a tonne, it
strikes me that the gap would be a little greater than that. I’m happy
to hear more about the calculation that the minister is
doing.
Hon. C. James: I think the key here — and I think this will help the member in
looking at the numbers — is that the carbon tax is modelled on the
plant. We presume that the rest of the value chain pays the full carbon
tax. The carbon tax and the program are modelled on the plant — details
to come, obviously, from the Ministry of Environment. As you know from
the agreement that’s in there, that work is being done. That’s the
estimate, and the modelling that’s been done is based on carbon tax for
the plant.
M. de Jong: Some of my colleagues are going to invite the minister to delve
into some of those details as best we can now.
M. Bernier: Just to continue on with this, trying to understand this a little
bit better when we’re looking at the forecasting and modelling around
the taxation collected within the specific project. Now, the minister
just said that this calculation is for carbon tax at the plant, which
we’ve already established through committee here is going to be locked
in for 40 years at $30.
Did I understand the minister correctly — and apologies if I
didn’t — saying this is just the plant, in the calculations, and not
considering any of the upstream gas that’s supplied that pays carbon tax
presently?
[2:00 p.m.]
Hon. C. James: Thank you for the question. I just want to start off with
CleanBC’s industry program, because I think that’s the most important
piece to start off with. The member mentioned the cap at $30. Let’s
remember that that’s if an industry, including LNG or other large
industries, qualifies for the program. So it’s not that there isn’t a
cap. They have to qualify for the program. They have be part of the
industry’s incentive program.
That’s something that, as the members will know, the Premier
announced when he announced the framework — that there would be an
investment, that there would be a framework put together for
energy-intensive industries. That’s, I think, the most important piece
to start off with. They have to qualify for the program by being the
cleanest. Again, specifics to come, but they have to be the cleanest
facility in the world. Again, there’ll be benchmarks set for
that.
If they qualify, that $30 fiscal measure is applied to the plant,
in our estimates. Those are the numbers that we talked about. The
upstream — the rest of the value chain, as I talked about — has to pay
the full carbon tax. As the carbon tax goes up, they’ll pay the $50 a
tonne. As the carbon tax goes up, they pay the carbon tax.
That’s included in the revenue. So when the member is looking at
what was the foregone revenue and what was the revenue coming in, the
rest of the value chain pays the full carbon tax. That’s included in
part of the revenue. The fiscal measure, if they qualify for the
program, relates to the plant.
M. Bernier: We’re acknowledging…. There are a couple of different components
here, obviously, when it comes to the carbon tax. But the minister has
established again, obviously, that there are a whole bunch of
benchmarks, it sounds like, at later dates.
LNG Canada is not going to make a decision to move forward with a
project, announce a final investment decision and work out an agreement
with government without knowing whether or not they’re going to be able
to meet those benchmarks. I cannot see a situation where the minister is
saying these are going to be determined…. Possibly through regulation,
maybe? I don’t know. At a later date?
I’ve done negotiations with Shell before. In my opinion, they’re
not going to be announcing a final investment decision without at least
some kind of certainty from the government that they have an idea here,
when we say under their clean growth industrial strategy, that they’re
going to meet that benchmark.
Is it fair to say, then…? If it’s in here somewhere, maybe could
the minister could point it out to me — where it’s actually identified
what that benchmark is, so they know that they will or will not be going
to be able to meet it. If we’re putting in the forecast quite a bit of
billions of dollars of revenue, and now I’m understanding the minister
is saying that we don’t actually know what that’s going to be….
Obviously, there’s some certainty there somewhere.
Hon. C. James: I would refer the member to page 21 of the agreement. The member
asked whether LNG Canada had agreed to the details being worked out. In
fact, that’s exactly what the bottom of page 21 and onto page 22 speak
to — exactly that agreement. It agrees that the further details of the
clean growth….
[2:05 p.m.]
I’ll just read directly from it: “Further details of the clean
growth industrial incentive as described would be available to the
proponent by June 30, 2019.” There is an agreement that they will be
involved in this process, that they’ll be involved in giving their
feedback, just as other industries are. I know the Minister of
Environment…. I’m sure there’ll be questions in his estimates as well.
I’m sure he’ll speak to the specifics, the consultations that have been
done, the number of industries that I know he has engaged
with.
This makes it very clear here that this is part of the agreement,
and it is an agreement that we have with LNG Canada to be part of this
program to give their feedback, but it’s up to the minister to develop
the details.
M. Bernier: I know there is a lot of pressure, under this minister and this
government, to continue raising carbon tax, whether it’s internally with
them or some of their supporters. But one of the questions that I have
would be: what mechanism was put into place around certainty for the
life of this project?
What I mean by that is the minister has said that they’ve capped
the plant at 30 but not the upstream. You cannot have a plant if you
don’t have the upstream. So my thought here, and question, is: what if
this government chooses to raise from 40 to 50, which they’ve announced,
and maybe from 50 to 100 sometime within the next 20 or 40 years? Is
there any certainty to the company? Any certainty to this or any other
LNG project that they will be exempted?
If the carbon tax goes so high for the upstream, there’s no longer
competitiveness to get it out of the ground, and we’re looking…. Maybe
that’s why we’ve got forecasts for 40 or 50 percent of the gas from out
Alberta. I don’t know. But obviously, I have to be thinking of these
kinds of things.
What certainty do we have to ensure that we’ll be able to continue
having the drilling activity and the natural gas extraction within the
Peace region of the province to fuel the plant if the carbon tax goes
too high? Was there anything built in that the minister can share with
committee here that will avoid that from happening for natural
gas?
[2:10 p.m.]
Hon. C. James: Thank you to the member. I’ll just run through perhaps a little
bit of the program. I think that’s helpful. The framework is there —
specific benchmarks to come, as the member knows.
The member mentioned again capping the plant at $30. We haven’t
capped anything. The carbon tax will continue to increase, as the member
knows. The government’s commitment is to get to $50 a tonne, as the
national agreement was in place. That’s our commitment as a government,
and that’s where we’re continuing to go.
Companies can apply for the program, and 10,000 tonnes is the
benchmark. So we’re looking for, obviously, large industries. They will
have an opportunity to be able to apply to the program. This is not an
exclusion. I think that’s an important piece to note — that they will
pay the carbon tax.
If they become part of the program, they get a refund back,
depending on what benchmarks they meet. If they meet the benchmark of
being the cleanest in the world, based on a range of indicators that are
being determined by the minister, then they will get a refund up to the
$30 a tonne.
So it’s between $30 and $50. Once we reach $50, the range would be
refunded to the company if they met the program and met the benchmarks
that were in place.
M. Bernier: To the minister again, did I understand her correctly in her
answer previous to this one, that the company LNG Canada is going to be
part of the group helping make those benchmarks?
Hon. C. James: The minister will determine those. They’re being consulted, as
other companies are, as other consultations go on in the program, to
look at the specifics.
M. Bernier: Just to be clear. The company that looked at signing the deal here
to move forward with this investment decision is going to be at the
table deciding the benchmarks for what they should or should not be
paying for carbon tax. I know the minister will argue with me on that
one. I think it’s important just to highlight, as this government
continues raising the carbon tax that’s going to be charged to everybody
else.
I’m sure there are a lot of families that would love to sit down
and be part of the negotiations of whether gas should be going up at the
pumps or whether the natural gas they burn in their house should be
going up, the carbon tax. You know, this is something around the
fairness.
I know the minister has talked about the revenues. So can the
minister, when we talk specifically on this and the rebates…. Obviously,
when we look at the amount that the minister said earlier of the
projected carbon tax that should be coming in…. I believe the minister
said that that was at $30, if I understood her correctly when she was
giving her answer. So what’s the lost revenue that would come? If it
went to $50 and the company just paid the full $50, rather than $30,
using the formulas and forecasting that we have, what’s the lost revenue
to the province?
[2:15 p.m.]
Hon. C. James: I will just correct the member again and repeat again that a
number of industry groups are meeting with the ministry as they develop
their benchmarks. That’s consultation. The minister is responsible for
the decision-making, but yes, he is consulting, as he should, industry
groups. There are a number of different industry groups that are meeting
with staff as they go through this work, but the ultimate
decision-making sits with the minister.
I’m not sure if the member was here. We talked about the
anticipated lost revenue of the tax based on the plant and the
presumption that the plant would be part of the program. That was
between, again, a generic model based on a low and a high estimate of
500 to 560 for the plant to be part of the program.
M. Bernier: Is the minister able to answer if carbon tax is applied if the gas
comes from out of province?
[2:20 p.m.]
Hon. C. James: Where the gas has combusted, that’s where the carbon tax
applies.
I’m not sure whether the member was here yesterday when we were
talking about the percentage of gas. I believe we were having that
discussion. But again, I think I just want to remind the member that the
assumptions for this project are that 60 percent would come from new
production, and then it’s expected that some of that 40 percent would be
redirected. Gas that’s being exported right now could be utilized for
LNG Canada’s needs and so could actually redirect gas that is being sent
right now out of the province back into British Columbia.
M. Bernier: I appreciate the minister giving the recap from yesterday. I still
go back to the thoughts of — if we’re talking about 40 percent, 50
percent. Of course, the company has said in their documents what they
would like to achieve using B.C. gas. But we also know, obviously,
somewhere in there, in their business plan, which means it must be built
into the forecasting that the province has on where we have these
revenues…. We have lost revenues as well.
As we go forward with possible drilling activity, I go back to the
question I had earlier. I’m trying to understand — so I apologize to the
minister. There are people more learned on this than myself. But when I
look at when she says where it’s burned, I mean, are we talking still in
the upstream? Because I know right now we have the carbon tax on the
upstream to compressor sites from a lot of those drilling
activities.
So I go back to where the gas comes from, then. What’s stopping a
company, then, in this contract…? If the price of carbon tax goes 40,
50, 100, it’s no longer competitive. How is that built into the model?
I’m sure LNG Canada must have thought of this, which means there are the
discussions that took place. Is there anything that government has, I
guess, committed to, to avoid carbon tax from going up further than the
$50 to still make it competitive in the upstream?
[2:25 p.m.]
Hon. C. James: There is nothing in the agreement — or, obviously, in the
legislation either — that caps the $50. So the member is correct. There
isn’t anything in there that caps the $50. The $50 is a national
program, as the member knows, an agreement in place with the federal
government. That’s certainly something that is a risk for anyone going
into an agreement. But it’s a conversation that has been had, and we
have a final investment decision. I think that’s important to
note.
When it comes to revenue and building revenue into our budget,
we’ve had a lot of conversation on that issue, and I’m sure we’ll have
more. But as the member knows, I’ve been very conservative in the
numbers and the estimates that we’re building in. We have not built in
any of the direct revenue. The plant is obviously not up and running.
That continues to be part of what will have to be estimated each year as
we go into the budget, as we do each year. I think that’s important to
note as well.
Then, I think, just on the program itself…. It’s just important
for a minute to go back to why we have the program. You know, we started
our discussion around looking at how we could manage competitiveness
while we managed the four conditions that were in place, which were,
remember, meeting our climate targets, being able to have a real
partnership with First Nations, being able to have a fair return for
British Columbians and jobs for British Columbia.
In putting together the CleanBC industry fund, it’s important to
us that we make sure that we are addressing our commitment that we have
to climate change, that we are addressing our strategy, that LNG’s
emissions are included in here, but that we also recognize that there is
a competitiveness issue for businesses and that there needs to be an
opportunity that both recognizes that and also encourages industry to
look for opportunities to become green, to become cleaner, to be able to
reduce our emission targets. The framework of the program is to do both
of those things: to be able to ensure that we provide that support for
industry but also recognize our climate goals and be strong and
committed to making sure that we implement those.
R. Coleman: On the carbon tax, I’m assuming that I’m going to deal with the
generic low scenario, versus both scenarios. You’ve got $3.25 billion
over 40 years, based on $30 a tonne. Is that correct?
Hon. C. James: The member is correct, but remember that’s for the plant. Then $50
a tonne is presumed for the rest of the upstream and the rest of the
project.
R. Coleman: So $30 a tonne — how much would that be worth at $50 a
tonne?
Hon. C. James: This is the number that we were talking about earlier, which is
the $500 million to $560 million in lost revenue, so to speak, if you
were looking at the $50 a tonne.
R. Coleman: Now, that math does trouble me. But I do want to explore this a
bit further.
In the Premier’s letter to LNG Canada, he said they will be
allowed to participate in the proposed industrial incentive under the
clean growth incentive program outlined in B.C. Budget 2018. That is a
program that the minister responsible said would be ready by the end of
2018, and it isn’t. The industrial incentive will be sensitive to the
level of carbon pricing around the world and will represent 100 percent
of the carbon tax paid beyond $30 a tonne, based on the facility
emissions intensity and sector benchmarks.
[2:30 p.m.]
Now, Minister, I know these companies. I’ve negotiated and done
business with them as a minister with regards to LNG. Is the minister
telling me that LNG Canada made their final investment decision without
knowing what they needed to achieve in order to get the $30 a
tonne?
Hon. C. James: I’d refer the member to pages 21 and 22 of the agreement. In that
agreement, it states very clearly that the proponent recognizes that the
work is being done. Just to quote from it, “It’s intended that further
details of the clean growth industrial incentive program as described
will be available to the proponent by June 30, 2019, or, with agreement
of the parties, at the latest by December 1, 2019.”
R. Coleman: So in the project approval, which is the final investment
decision, the minister is telling me that in the virtual document rooms
of five companies globally around the world, investing $20 billion, they
did not know what thresholds they had to achieve in order to get to the
$30 a tonne?
[R. Chouhan in the chair.]
The Chair: Minister.
Hon. C. James: Thank you very much, Chair, and welcome to the chair.
LNG Canada. Again, the framework was both talked about in the
budget and since talked about by the Minister of Environment. The
framework is out there around the fact that we are putting this program
together and that we will be looking at benchmarks to determine the
cleanest industry.
[2:35 p.m.]
LNG Canada expects, based on their own forecasts, that they are
going to be the cleanest plant in the world and, therefore, would
qualify. Benchmarks are still to be determined. Does LNG Canada know the
exact benchmarks? No, those are going to be determined by the minister.
That’s the consultation that’s going on right now. But they know that
the program is going to be in place. They know that the program will be
based on $30, and they expect that they will be able to qualify as the
cleanest LNG plant. That’s their expectation.
R. Coleman: So the minister is telling me that LNG Canada doesn’t know what
the level is of emissions they have to achieve to get to the carbon tax
at $30, that they don’t know what technology they have to put in place
with regards to the opportunity to get $30, when one of the things they
were asking for was to find a way to get competitive with the U.S. Gulf
Coast.
Competitiveness with the U.S. Gulf Coast — if I was sitting in….
The minister should know they do this virtually now with document rooms
that are necessarily in different languages because there are five
companies and what have you. I know, having experience with
this….
It’s interesting, first of all, that you can figure out how to
give away $590 million interest-free with a balloon payment at years 19
and 20. They’ve got that clarity in that piece of the deal and that they
would make a final investment decision and not know what the emissions
they had to get to in the plant to start being able to be qualified for
this program….
I’ve never had any of them ever say to me or any of the
discussions I’ve heard say: “Well, we have to do a bunch of stuff to get
$30 a tonne.” Everybody talks about that they’re at $30 a tonne, and
that’s just narrative. That’s not somebody specifically pointing towards
this.
But in order to achieve this, there must have been something that
was understood in October when LNG Canada made their final investment
decision as to what the expectations were from them to get to $30 a
tonne. I would not, if I were them, have said, “Well, let’s let the
minister go away and write something so that we can figure out maybe we
can get you to $30 a tonne,” not knowing or having some guarantee of
what would be included in that.
What am I missing here, Minister, that they had to have included
in order to get to FID?
Hon. C. James: Again, I’ll refer the member to page 22 of the agreement, fifth
paragraph, which speaks to the process around determining the clean
growth program.
[2:40 p.m.]
I think, again, it’s important to recognize that, yes, as part of
the competitiveness, we talked about the range. I think we’ve had a good
discussion, over the last day and a half, around the range of
competitiveness measures. Based on the agreement, the member knows those
competitive measures.
When we take a look at the clean growth program, as the paragraph
states, “The province will consider appropriate methodologies to ensure
fair benchmarking standards…consistent with global best practice. The
province will only consider the emissions intensities of LNG facilities
currently in operation globally,” when putting together benchmarks for
the LNG sector. “The performance benchmark will be based on leading
global facilities. A technical third-party research report will be
used.” Again, it speaks to process, and certainly these were good
discussions with LNG Canada.
“The third-party report will be published. Based on preliminary
work that could form the basis of the technical report, the province and
the proponent expect that the performance benchmarks will be at least
0.22 tonnes of carbon dioxide equivalent per tonne of LNG or greater and
that the eligibility threshold will be 0.28 tonnes of carbon dioxide
equivalent or greater.” There’s still work to be done. It says “expect.”
A few paragraphs above that: “The proponent is expected to fit the
criteria.” That work is still being determined. That work is still be
being done by the Ministry of Environment.
R. Coleman: The legislation that was actually passed in B.C. put it at 0.16,
not at 0.22, so the threshold is pretty easy to achieve. My question,
though, is: is there a commercial arrangement of any representation made
to LNG Canada that helped them make their FID on carbon tax?
Hon. C. James: The only agreements that are in place are listed in this
agreement. There are none outside of this agreement.
R. Coleman: If there’s nothing commercially sensitive with regard to any of
the discussions with LNG Canada, then why did you take two slides away —
because we didn’t want to sign an NDA and we wanted to talk about this
project — that are commercially sensitive to the project?
Hon. C. James: I’m sure the member knows this, but I’ll outline it anyway.
Commercially sensitive material is material that speaks specifically to
the LNG project and its particular costs. That would be commercially
sensitive to, obviously, other companies taking a look. It is not
related at all to the carbon tax program or the programs that are
listed. It is specific material that relates to LNG’s project itself and
its costs that is commercially sensitive.
R. Coleman: Well, to the Minister, $3.25 billion in carbon tax when it should
be probably $5 billion, I think, is commercially sensitive to the deal.
So there is nothing with LNG Canada on carbon tax, no representations,
no undertakings regarding carbon tax as an item in all the documentation
that government had with LNG Canada that allowed them or helped them get
to a final investment decision?
[2:45 p.m.]
Hon. C. James: I think this is an important piece about the agreement. Part of
the reason that we’re having this conversation around the agreement is
that the commitments that were made by government are outlined in the
agreement. They’re there in the agreement and in the legislation and the
piece around the legislation and the credit.
As I started the discussion, we began the competitiveness review.
We recognized there was work done by the previous government as well. We
began that review, utilized information that was there, began those
discussions to look at the competitiveness. The numbers that we’ve been
talking about, the 3.25 to 3.75, are ranges for generic LNG production
that we’ve talked about. The information on the energy-intensive
program, the industry’s incentive program, was out there in the last
budget. That’s the basis of the information that was there.
R. Coleman: Well, the agreement is with LNG Canada. The generic item there is
because nobody could give us the commercially sensitive material. I’m
not asking for commercially sensitive material. All I’m asking is: when
this project made its final investment decision, had government given
enough representations, or any representations, as to how they’d get to
$30 a tonne?
Your description in your letter from the Premier and what have you
is pretty generic — pretty strange, quite frankly, to get to an FID. I
think the five partners, multi-billion-dollar investors in this project,
would be surprised that, when they were doing their financial
calculations, they don’t have anything at all that tells them exactly
how they get to $30 a tonne when they bake their final decision in on a
$20 billion or $30 billion deal.
Is the minister saying that at no time during the FID process was
LNG Canada given any undertakings to say: “This is what you need to
achieve to get to $30 a tonne”?
[2:50 p.m.]
Hon. C. James: I think while we’re talking about the specific details of the
program continuing to be designed, and the minister being responsible
for that, it was very clear that the framework was out there. The
framework was known about being the cleanest in the world. The framework
was known about being able to have the $30 a tonne if you met the
criteria that was required.
Those were discussions that not only, obviously, occurred with LNG
Canada but have occurred publicly in part of the discussion of CleanBC
and part of the discussion of the budget as well. It is LNG Canada’s
estimates and determination that their plant will meet that criteria and
they will be able to access the $30 a tonne, but again, I stress that it
is their estimates and their assumptions based on the information. The
final details will be determined by the Ministry of Environment. Based
on that information and the work that we’ve done, based on the agreement
that’s in place, LNG Canada made their final investment
decision.
R. Coleman: So there’s a framework. Can the minister tell me what the
fundamentals of that framework are, please?
Hon. C. James: I think that we’ve talked about the framework. But the framework
is to be the cleanest facility in the world, based on benchmarks,
specifics to be developed, and you would be able to access the $30 a
tonne. Again, as I talked about earlier, you pay the carbon tax, and you
get the refund to $30 a tonne if you fit the criteria that is in place.
And again, because LNG Canada, as the public knows…. If you meet the
cleanest facility in the world, you will be able to access this program.
They, based on their own estimates, believe that they will meet
that.
R. Coleman: The cleanest facility in the world based on using natural gas for
progression, or electricity?
Hon. C. James: Those are part of the specifics that are being developed by the
Ministry of Environment.
R. Coleman: Either you have specifics or you don’t have specifics. A few
minutes ago, you said “developing.” Now you say you have
specifics.
These guys made a $40 billion decision to build a pipeline and a
natural gas plant in Kitimat. They made it based on taking all of the
fundamentals on competitiveness to bring it down within a range to
compete with the U.S. Gulf Coast. That was the threshold, as we all
know.
The objective of the government was to bring down the
competitiveness costs to get it to a point where they’d make a final
investment decision. Part of that would be baked in on: “What am I going
to pay for carbon?” I wouldn’t make that decision if I was LNG Canada
without having some understanding of what those benchmarks are, what
they had to achieve, and then make my final investment decision. If the
minister is telling me that they did not have that information or that
ability to make that decision, I’m pretty stunned, just strictly on a
business perspective, having known the partners involved
here.
As long as the minister can tell me that there were no
undertakings, no representations, given to LNG Canada on carbon at $30 a
tonne, so they knew exactly what they had to achieve in order to get the
$30 a tonne prior to making their FID, I can move on from
this.
[2:55 p.m.]
Hon. C. James: Again, I’ll reiterate for the member. The framework was known. The
specific details of the program are being developed and designed by the
Ministry of Environment — with consultation with all range of
industries.
The framework knew that it would have to be the cleanest, that
there’d be benchmarks set. It would have to be the cleanest in the
world. LNG Canada’s estimates, from their perspective, show that they
will be able to meet that benchmark and access the $30 a tonne. The only
undertakings taken with LNG Canada are based in the agreement and,
obviously, the legislation that is to come.
R. Coleman: I’d like the minister to — not right now — send me the
fundamentals of that framework that were presented, that were given as a
representation to LNG Canada prior to their final investment decision.
I’d also like to ask a question about carbon taxes. Is the $3.25 billion
on net present value, or what? How about the calculations?
Hon. C. James: Could the member repeat the last question?
R. Coleman: There’s $3.25 billion under the lower scenario for carbon tax. Is
that based on net present value, or how did you calculate
that?
Hon. C. James: Nominal dollars, just to answer the last question first. Those are
nominal dollars that the member is referring to. Again, on the
framework, the framework as I’ve talked about was outlined in a number
of places, including the budget, including through CleanBC, also
including the Premier’s letter. If the member refers to page 31, those
details are outlined in the agreement.
[3:00 p.m.]
R. Coleman: Could the minister just explain to me what she means by nominal
dollars? Is the $3.25 billion so much a year every year for 40 years,
and that’s how you come to your grand total?
Hon. C. James: Yes, the member is correct.
R. Coleman: Sorry, Minister. Could you repeat that answer, please?
Hon. C. James: The member wants to hear that he’s correct. The member is
correct.
R. Coleman: In today’s dollars, with net present value, this is another pretty
good deal, in my opinion. No cost for inflation or whatever. It’s flat
out a pretty good deal.
I’m going to leave this, but I am going to reiterate just one
thing, because I’d hate to find this out later. When LNG Canada,
including KOGAS and Petronas and the other three partners that are
involved in this project, made their final investment decision, they had
nothing in front of them that was concrete enough for them to know that
they could reach $30 a tonne for carbon tax. They’re part of a process
the minister has described as still ongoing, and it hasn’t been defined
by the Minister of Environment yet.
Basically, they took a pretty giant leap of faith. I’m pretty
stunned at that. I’m sure that over time, we’ll find out why they took
that leap of faith. Some of it may be commercially sensitive and can’t
be discussed in this House, but British Columbians are going to want to
know how they got to that point without having any undertaking or
representation that would have made them feel pretty comfortable, other
than just a letter from the Premier that says: “You can get the $30 a
tonne, but we’re going to have a process to determine how you get
there.”
I personally am not buying that. Just so I can say it in this
House, I find it somewhat tough to believe. The minister has made those
representations, and over time, I guess we’ll find out if there’s
something else that was representative that the minister may not know
about with regards to carbon tax and some other discussions or some
other documentation which we don’t have.
They’ve made the decision based on that. They obviously made a
decision based on $590 million worth of PST that they get to defer and
pay in years 18 and 19. The $590 million. I’m not a great investor, but
I think I could probably get a 5 percent return over at 20.
Interjection.
R. Coleman: With seven, then you’re going to be talking about at least a $1
billion additional giveaway of money from today’s value to future
value.
I’m going to turn it over now to the member from the Green Party
that wants to pursue a bit, I think, on carbon tax. Then we will move to
one of our critics on Finance that has some financial questions they
want to ask.
A. Weaver: Thank you to the member for Langley East for those
questions.
I have a number of questions to build on this theme. I, too, am
having a very difficult time understanding how LNG Canada could make a
set investment decision with the uncertainty in terms of what is, in
fact, the cleanest LNG in the world.
My first question to the minister is: is she aware of Freeport LNG
in the United States?
Hon. C. James: I know the member will have had many of these conversations, I’m
sure, with the Minister of Environment as well, as he looks at
developing the specifics. The specifics aren’t developed as yet, but
obviously, the Freeport LNG and the coal-fired electricity that they
utilize will be part of the range of plants that will be looked at and
the indicators that will be developed by the minister.
[3:05 p.m.]
A. Weaver: Again, we’re going to define an LNG plant as an LNG plant. We’re
not defining an LNG plant as some hypothetical production upstream where
someone gets electricity from or not, because there are a multitude of
ways. You can go on the spot market, and you can buy wind power at 2½
cents a kilowatt hour. You can go on the spot market, and you can buy
coal power. At night, it’s pretty cheap. You could buy natural gas from
Alberta and avoid the carbon tax.
The relevant question in defining “cleanest LNG in the world” is
the facility, and as we know, Freeport LNG uses General Electric
compressors, electric compressors, to compress the natural
gas.
We know, under the B.C. Liberals, that they initially signed an
agreement with LNG Canada. I believe it was 8.2 cents a kilowatt hour to
get electricity if they moved forward, and there was the industrial rate
if they actually used electricity in the compression. We also know that
the B.C. NDP basically exempted LNG Canada from the requirement of using
electricity in the compression and gave them the same 5.4 cents a
kilowatt hour, I think it is, industrial rate.
We know that we could not, today, deliver into that industrial
rate for the requirement of LNG Canada unless two things are done.
Either (1) we call upon the Columbia River entitlement or (2) we build
enhanced capacity. This government has chosen to build that enhanced
capacity through the building of Site C, as opposed to distributed
renewable at a fraction of the cost. So we know that the ratepayer is
going to end up paying ten to 15 cents a kilowatt hour for the
electricity produced at Site C to sell it to LNG Canada for its other
operations at 5.4 cents a kilowatt hour. It’s pretty crazy
economics.
Even with that, LNG Canada will be using natural gas in the
compression — not electricity, natural gas. That natural gas has been
given to them for free, in essence, because of the royalty structure in
place, again, by the B.C. Liberals at the time to incentivize deep
wells, which were difficult and were risky back…. It must be almost 20
years ago, 18 years ago. But now it’s applied to 99 percent with wells,
including all shallow wells.
We give them the natural gas essentially royalty-free — 3 percent
or something ridiculous — to actually use in the compression, a Crown
resource being given away to this company to use in the compression. Now
we’re hearing that we’re going to actually exempt them from carbon tax
increases above $30. We are hearing that LNG Canada has actually made a
final investment decision, yet they’re doing so under this cloud of
uncertainty, which is also….
I come back to the first question here. How is it that the
minister can now suggest at all that LNG Canada has any hope of having
access to $30 a tonne, in light of the fact that they are not using
electric compression? There is no way you can weasel out of any other
way but saying they are not the cleanest in the world. How can the
minister, other than trying to redefine what an LNG plant is by
assigning coal-fired electricity emissions hypothetically, by forgetting
about the fact that a lot of the gas in the U.S. is conventional, as
opposed to unconventional gas up in B.C., which has rather much larger
fugitive emissions…?
How can the minister actually stand here and tell this House that
LNG Canada has some certainty that they’ll make the $30 limit on carbon
tax? What other agreements have they signed?
Hon. C. James: I appreciate the information that the member is providing. I know
that consultations, as we’ve talked about, continue to go on. The
Minister of Environment is working on the specifics, and I know the
Green caucus is part of those consultations, as industry is part of
those consultations. So certainly, I know those discussions will
occur.
[3:10 p.m.]
I’m not going to, obviously, talk about the specifics that the
minister is in the process of developing. That’s for the minister to
discuss, and I know there’ll be lots of opportunity for those
conversations, both in the consultations that will occur and also in
estimates, if the member feels there are opportunities there.
To the member’s specific question around the agreement: were there
additional pieces written into the agreement? The agreement is the
agreement. It is in front of the members. It is in front of the public.
These are the measures that we have agreed to. Again, they’re LNG
Canada’s estimates and their estimates that they believe they will fit
the criteria of the program. That’s the determination they
utilized.
A. Weaver: It would be a fair question to ask this. How are you defining —
when I say “you,” it is the government, not the minister — what an LNG
facility is for the purpose of calculating emissions? We actually have
definitions in existing legislation. Are you changing those
definitions?
How is it possible that you could allude to electricity — which has been
done — produced through the burning of coal? How could you possibly
include that in a definition of what an LNG facility is?
Hon. C. James: I refer the member to page 22, the last paragraph, which talks
about LNG facilities. It says about the LNG facility: “It will include
fugitive emissions, venting, natural gas combustion at the LNG facility
and emissions from electricity supplied to the facility from the British
Columbia electrical grid.” That’s in the agreement. But again, specifics
are being developed by the minister and will be determined as that
process continues.
A. Weaver: How are you going to compare this in LNG Canada, in B.C., to
another facility not in B.C.? Is it also from natural gas supplied by
B.C.? To what extent is there a requirement to actually use gas from
B.C.? There is no requirement in the legislation. We can use gas from
Alberta.
To me, there’s just nothing defined here. We’re actually being
asked to take a leap of faith. We’re asked to take a leap of faith:
“Trust us. We know that LNG Canada can meet the $30 a tonne exemption,
because they think they can.” We’ve got no articulation of any rules at
all.
We’ve got no mention of electric compression. We’ve got no mention
of where the gas will come from in that calculation. Is it sourced gas
from B.C., or is a fraction from Alberta? Is it fracked shale gas, or is
it conventional gas? Is it Horn River gas, which is dry? Is it Montney
play gas, which is wet? Is it gas from the U.S. that’s coming up? It’s
just a grand leap of faith.
Like the member for Langley East, I cannot believe that LNG Canada
signed on to this unless they were given specific certainty that, in
fact, the only carbon tax they will pay is the first $30, and everything
above that will be exempt. I cannot believe that they signed this. So I
ask the minister this: has the minister at any point, or anyone in her
government, assured LNG Canada that all they will pay is $30 a tonne of
carbon tax, yes or no?
Hon. C. James: No.
R. Coleman: Just one follow-up question. Just a note that came in from one of
my members. They’d like to have the answer. I think I could probably
find it somewhere in a binder somewhere, but it’d probably be simpler if
the minister could tell me. In doing the work coming in to final
investment decision, you had to compare it to something, so where was
the cleanest LNG plant in the world at that time, and what were its
emissions?
[3:15 p.m.]
Hon. C. James: Again, when we take a look at the trajectory of the final
investment decision and the program development, we’re still doing the
work around the specific benchmarks that will be put in place. I talked
about a range of facilities. That work is being developed. I’m sure LNG
Canada may have had their own comparator, but from our perspective,
those are still being developed. That will all be made public, as has
been committed to in the agreement.
R. Coleman: Maybe if you could find my old briefing binders, you’ll be able to
find out the answer to that question. Maybe they got destroyed at the
changeover of government. But I do know that there were benchmarks
established based on what was happening in Qatar, in Australia, in other
places in the world relative to natural gas — what the emissions were by
plant and a comparison to get to: where could we get to what is the
cleanest in the world.
I would tell the minister to maybe deal with the Deputy Minister
of Energy and Mines, who I believe may have some corporate memory on
that particular subject.
I’ll just turn it over to our Finance critics for some other
questions.
T. Redies: We’re going to ask a few more questions with respect to the value
of the future cash flow streams. This, obviously, is quite a long
project. I believe that the colour-coded chart that my learned colleague
from Abbotsford West can’t read is the nominal value of those cash
flows. I believe that was confirmed earlier. Is that correct, Minister?
It’s not present value.
Hon. C. James: That is correct.
T. Redies: Clearly, again, with this being a very long-term project, a lot of
the cash flow streams are actually back-ended to later on in the
project. That means that under a present value basis, the longer you go
out, the value of those dollars today declines, and it obviously depends
on the discount rate. Can the minister tell us what discount rate the
government is using to calculate the present value of these cash
flows?
[3:20 p.m.]
Hon. C. James: I know the member has seen the colour chart and has looked at the
numbers. So in our highs and lows, in our modelling for a generic plant,
the discount rate is 10 percent.
T. Redies: Thank you very much for giving us that number, Minister. I note
that at a 10 percent discount rate, the present value of the cash flows
from this project are substantially lower, particularly if you look at
them over the 40-year term that you’re looking at here in this chart. In
fact, I think in the generic low scenario, at a 10 percent discount
rate, the present value of the $18.27 billion is $404 million. With a
generic high scenario, the present value at a 10 percent discount rate
is about $558 million. Is that correct from your
calculations?
Hon. C. James: I’ll take the member’s numbers. We haven’t done that calculation,
but I’ll take the member’s numbers as her calculations.
T. Redies: I can assure you that I used a present-value calculator and not my
knowledge of the equation.
Again, presenting these numbers to British Columbians as $18.27
billion, or potentially $25.27 billion, in some respects is a bit of a —
what’s the right word? — stretch in terms of what the actual value is to
the province. In particular, we’re looking at the PST repayments and
trying to understand why the province would accept or would agree to the
repayment that they’ve structured, because it has, obviously, these
balloon payments happening in years 19 and 20. If you discount them at a
10 percent discount rate, as the minister noted, the total depreciation
is about $507 million or 85 percent.
Does the minister think that’s a fair deal for British Columbians
— to allow a multinational company the ability to defer these payments
off to such a time in the future that they represent less than 50
percent of the current, today, value?
Hon. C. James: I appreciate the member’s question. I think it’s important to
recognize, as we’ve talked about this project, that we are talking about
the entire package. When you look at this project, you have to look at
it based on the four conditions. Did it meet the terms of the four
conditions?
Yes, competitiveness was one of those, and that certainly was part
of the reason that you see the package put together in the way it was,
to address the competitive issues. But it was also critical that we met
the environmental criteria that were put in place in our CleanBC program
and that the emissions would be included as part of that, because,
again, that’s a large commitment in our government that we are
determined to carry forward with. It needed to meet the jobs criteria,
and it needed to meet a true partnership with First Nations. It’s the
package of measures that are critical in all of this.
[3:25 p.m.]
Again, I think it’s short term/long term. We are talking about an
investment over 40 years in British Columbia. That’s a major investment
into our province. While the member talks about present dollars and
present value, again, zero of zero is zero. So when we’re talking about
the investment into British Columbia and the difference that those
resources will make, balanced with the support for First Nations
communities, balanced with the support for our environmental
commitments, I do feel confident that this is the kind of deal that is
good for our province.
T. Redies: Don’t get me wrong. I mean, we understand that this is a
significant investment. I think the point that I was trying to make is
that I think it’s also important to be transparent to British Columbians
about what the actual value is of this project.
Again, coming from a corporate background, I’m more used to seeing
present value of future cash flows, which again, on a 40-year project,
are significantly lower than what’s being presented here, so I’m just
asking a couple more questions with respect to the PST agreement. Can
the minister confirm that future tax changes are deducted from the PST
owed, and if so, doesn’t this turn the PST back payments into,
essentially, an indemnity agreement?
[3:30 p.m.]
[J. Isaacs in the chair.]
Hon. C. James: Maybe this is a good time just to read the comment on the
indemnification that’s in the contract, because I think that’s an
important piece related to the member’s questions but related to the
entire project. Page 14 of the agreement states: “For greater
certainty,” and this is relating to the PST and the other measures that
have been taken, “none of the foregone provisions or any other
provisions under this agreement provide or should be interpreted to
provide an indemnity from the province to the proponent or the
joint-ventures entities, pursuant to the Financial Administration
Act.”
I think that’s an important piece to note. There’s nothing that
prevents future changes. But the limitation of the amount in the
agreement is the $596 million. Those are the exemptions around the PST
that will then be paid back — so the payments that come back to us.
That’s the total amount that is part of this agreement that we are then
responsible for ensuring occurs. That’s the agreement that we’ve signed.
That’s both the limit and the amount that we are responsible for as
government to LNG in this contract.
T. Redies: I’d just like to pursue that a little bit more because, at least
as we’ve seen it, the agreement states that material changes in tax will
be assessed based on a joint economic model. If those changes in
payments create a cost greater than $1 million, then this will be
deducted from PST payments by LNG Canada. Is that the case? Will that
also be the case, these types of joint economic models? Will these be
standard for LNG facilities going forward?
[3:35 p.m.]
Hon. C. James: I think the first piece, just to clarify, is that this is an
agreement with LNG Canada. It’s not a broad agreement for LNG. It’s a
commitment with LNG Canada and an agreement with LNG Canada.
What the agreement says is that if we change the four measures
that are listed in here — so only these four measures, not the tax
system…. We have the opportunity as a government to make those
decisions, as every government does. If we change the four measures that
are listed in this agreement during the first 20 years — although it’s a
40-year project, this agreement is only for the first 20 years — and it
impacts the economic model that we’ve agreed to with LNG Canada, then
there are a number of measures that we could look at to address that. We
could undo what had been done that impacted it. We have to get together,
and we have to go through a dispute process to show that that has had an
impact. We could replace it with something else.
I think the other important piece, and maybe I didn’t describe it
as well in the previous question, is that the limit to all of that is
$596 million, because that’s the payment agreement that is here and
listed. That’s the maximum — the ceiling, so to speak — that this
applies to. That, again, is based on the plant continuing to operate,
etc.
I hope that clarifies it for the member.
M. de Jong: We’re on what is, in effect,
article 4.3 of the agreement, so I
think maybe I’ll continue there.
I was listening carefully as the minister and my colleague
discussed the…. If I call it the certainty mechanism, would the minister
disagree with the use of that term? I understand that she does not wish
to refer to it as an indemnity for reasons related to the clear legal
definition of what an indemnity is, so I have chosen to use the term
“certainty mechanism.” I don’t mean that to be argumentative or
mischievous. That’s just what I think it is.
Hon. C. James: I know that the member will use whatever term he wishes, but this
is an agreement. We have an agreement in place, and there are provisions
within this agreement that must be followed by the parties who are
signatures to the agreement.
M. de Jong: All right.
I presume the intention with respect to 4.3 is to provide some
measure of certainty to the proponent, LNG Canada. Is that
correct?
Hon. C. James: Well, I think 4.3 speaks for itself. It is titled “Changes to the
measures,” so yes, it provides a measure of understanding about the
measures and what happens if they’re not followed. That’s certainly part
of almost any agreement that you will put together.
M. de Jong: The provision indicates that where there is a change that
increases the proponent’s costs by more than $1 million, it triggers
some things.
[3:40 p.m.]
The first thing it triggers, apparently, is the right of the
proponent to notify the province and advise the province of how it sees
the change and what it sees as the increase in expected costs. It also
triggers, thereafter, an entitlement to meet with the province within a
reasonable time to negotiate a corresponding offset to the cost
increase. That corresponding offset to the cost increase, if one is
found to have taken place, can be implemented in two ways, as I
understand it.
One is, to use the words of the agreement, curing the change or
adoption of additional measures by the province to the benefit of the
proponent and/or, secondly, decreasing the remaining operating
performance payments, the deferred PST. The latter one seems fairly
self-explanatory.
The minister has made the point, and I will acknowledge it here,
that insofar as that represents a curative measure, it is, I think, from
the province’s point of view, preferable to the more open-ended
indemnity that existed in the previous agreement, because there is an
estimated cap on the deferred PST of, I think, $596 million.
But before I get to that, let me go back to the other curative
measure: curing the change or adoption of additional measures by the
province to the benefit of the proponent. What is that?
Hon. C. James: I think the first thing…. I know the member reiterates, and I
think it’s important to reiterate again that this is not an
indemnification.
[3:45 p.m.]
The corrective measures that the member refers to, the adoption
and measures — what could that include? That could be as broad as any
discussion that would occur between LNG Canada and the government. It
could broaden the list of exemptions under the PST. It could be a
variety of things. I don’t want to speculate, because those will be
discussions that will occur.
I think, again, the piece that’s important to recognize…. A couple
of pieces are important to recognize. The payment would have been a
payment that would otherwise have been made, so this isn’t about writing
cheques to the company. This is about the $596 million being the cap.
Those will be payments that would be made to the government from LNG
that would be foregone if there was some kind of corrective measure that
needed to take place.
M. de Jong: I agreed with most of what the minister just said, save and except
for the very last part. I agree with her particularly with respect to
the second curative measure — that is, decreasing the remaining
operating performance payments.
There is a finite amount by which the payments could be reduced,
but that is distinguishable from the first curative measure, which, to
use the word the minister just used, is far broader — the adoption of
additional measures. In the wording in the agreement, that is not
capped. At least, it strikes me, from a clear reading of the agreement,
that there is no cap on what those additional measures might be or what
they might be in response to.
Hon. C. James: I think the members read. I just want to, I guess, put the facts
on the table, based on the agreement.
We do have an obligation to LNG to address the cost to them if
there is something related to those four measures that we have done that
creates an additional cost to LNG. I think the member agrees on that
piece. The defined measures are up to us — what we want to discuss and
negotiate with LNG — but they are limited to the measures within the
agreement, the four measures, and they’re also limited to the defined
cost, which is $596 million. So the obligation in this agreement is the
$596 million. Each of these measures relates to what could be done to be
able to address the challenges that are there, but clearly point to the
$596 million as the cap of the amount of our obligation.
[3:50 p.m.]
M. de Jong: Well, I always stand to be corrected, but with the greatest of
respect, if that is the intention…. When I say if that is the
intention…. If the intention is to restrict the curative measures to
that amount, I agree with the minister that that has most certainly been
done with respect to sub (b), because there is a specific reference. It
has not been done with respect to sub (a), and the minister will have to
walk the committee through how the wording in 4.3 does that.
We’re talking about something that happens down the road here — a
future government, not necessarily this government. A future government
that effects a change to one of the measures — and that is a defined
term — that ends up…. The company says: “Well, that’s going to cost us
$700 million or $1 billion.”
I agree with the minister that the curative measure enunciated
under sub (
b) restricts the obligation of the government to that $596
million. The curative steps under sub (
a) do no such thing, unless the
minister can point to that. The intention might have been to do so; the
language in the agreement does not.
[3:55 p.m.]
Hon. C. James: I know the member will know from other agreements, and from his
profession as well, that it’s important to look at the agreement as a
full agreement, not an individual sentence in an agreement. I think the
important piece to remember is that in this agreement, the only
financial liability of this part of this agreement is the 596. That is
the liability that is there. If you speak of it as liability, that is
the cost in this agreement that’s referred to.
There is a clause within this contract, as well, within this
agreement, that talks about no fettering of legislative authority, that
nothing can fetter legislative authority. It’s important, when
you take a look at the one sentence the member refers to, that it speaks
to the $596 million, because otherwise, a government could do nothing if
there was no limitation, or the company could come forward and look at
challenging around issues. But we’ve got, again, no fettering of
legislative authority. You have the obligation of the $596 million. So
to not collect up to the $596 million is the piece that we’re talking
about when it comes to the remedies that are here in this
section.
M. de Jong: Look, fettering is not the issue. I think we’re all in agreement
in the committee that that is not the question. In fact, this
section
exists out of recognition that future parliaments and future governments
may take steps to adjust the measures, with a capital M. It’s nice of
the minister to remind the committee of that, but that’s not in dispute.
That is not the issue.
What the minister has not done…. Look, the wording is not mine. I
didn’t draft this. There is a finite amount of offset available under
sub (
b) as a curative measure. I think I have generously acknowledged
that as a curative measure to changes to the measures, that is
preferable to an open-ended indemnity.
[4:00 p.m.]
The minister has not said anything that creates a link between sub
(
a) and the $596 million. Her saying, “Well, that’s the intention,”
doesn’t make it so. Ten years from now, the company comes along…. First
of all, a future government comes along and makes a change to the
measure, and the company says and can demonstrate, “Well, that’s going
to cost us $1 billion, and we are engaging with the government of the
day under sub (a). We’d like to cure the change through the adoption of
additional measures.” And then the word is “and/or.”
I didn’t choose those words. Someone else chose those words. There
is no link between sub (
a) and the $596 million. And if there is, now is
the chance, with all of the able assistants that the minister has with
her, to point out where that link exists. And it has nothing to do with
fettering.
Hon. C. James: While I appreciate the view of the member, we will agree to
disagree. Certainly our legal counsel, in reviewing the agreement, is
clear that that link is there in the agreement.
M. de Jong: Well, you have to be able to demonstrate to the committee.
Agreements are about words. Where are the words? I mean, come on.
“There’s a link because I say there’s a link.” It’s — what? — a 21-page
agreement. Read the words that say there is a link between sub (
a) and
the $596 million. This is ridiculous.
Hon. C. James: Again, I appreciate the member has his own view, but we look at
the entirety of the section. We feel the entirety of the section,
according to legal counsel, according to legal advice in putting the
agreement together, covers with the $596 million.
M. de Jong: “The parties will then meet within a reasonable time to negotiate
a corresponding offset to the cost increase, which will be implemented
either by (
a) the curing of the change or adoption of additional
measures by the province to the benefit of the proponent; and/or (
b) decreasing the remaining operating performance payments otherwise
payable by the proponent.”
Sub (
b) is clearly linked. Sub (
a) is not, meaning the cap doesn’t
pertain to sub (a). If there is…. I left law school many years ago. If
some magical, new means of interpreting legal documents has been
developed, and my reading of the sentence is incorrect, I’m all ears. I
want to hear all about it. But the minister saying, “It is thus because
I say it is thus,” doesn’t cut it.
We’re talking about an agreement that exists, and it is clear that
the limiting feature that I have tried to generously…. I accept it as
being an improvement. It’s clear that it agrees to sub (b). It is
equally clear that it does not pertain to sub (a).
Hon. C. James: Hon. Chair, again, I recognize the member, and I understand that
there can be differences of opinion around
interpretation. Our legal
counsel has taken a look at the agreement and has obviously given advice
around the agreement. We are reading the paragraph and the measures as a
whole. In reading that, it makes it clear that the $596 million is
there. So we will agree to disagree around the member’s legal
opinion.
M. de Jong: Does sub (
a) include the…? Is the language — and I’m using the
minister’s term “broad” — broad enough? The adoption of additional
measures — is that broad enough to include, if a future government
chose, the payment of compensation?
[4:05 p.m.]
Hon. C. James: Again, if we take a look at page 14 around indemnification, “For
greater certainty,” as the paragraph reads, “none of the foregoing
provisions or any other provisions under this agreement…should be
interpreted to provide an indemnity from the province.” So, no, it could
not be a cheque written to the company. That would be an
indemnification, and this agreement forbids indemnification.
M. de Jong: I may have asked that in a clumsy manner. I didn’t want to imply
that sub (
a) creates any kind of an obligation to write a compensatory
cheque. I’m asking: is it worded broadly enough that a future
government, if they chose to, could rely on that, on the wording in that
section, the “adoption of additional measures,” to write a compensatory
cheque?
Hon. C. James: I think you can’t rule out what a future government may or may not
do. They may decide to rip up this agreement. But based on this
agreement, no, a cheque could not be written because that would be seen
as an indemnification. The kinds of measures that are proposed would be
legislative kinds of measures.
M. de Jong: Right. That was partially helpful. I don’t think there’s any
question what the intention is with respect to sub (
a) and reference to
additional measures for this government. My question, though — and the
minister, I think, partially answered it — was: could a future
government in addressing a verifiable change to one of the measures and
confronted by a costing by the company, within the ambit of this
agreement, provide a payment as a partial response to that change in
measure? And would that be included within the term “additional
measure”?
Hon. C. James: No, a payment would not be included because a payment would be
seen as an indemnification.
[4:10 p.m.]
M. de Jong: Right. Which would require an authority under either the Financial
Administration Act…. But is the minister saying that the term
“additional measure” in this agreement specifically rules out and
prohibits a payment of the sort I’ve described?
Hon. C. James: I think, again, just to be clear, a payment will be seen as an
indemnification. This agreement is clear that it does not permit an
indemnification. It’s not an indemnification. That would not forbid
future governments from ripping up this agreement and dealing with the
ramifications of that, but this agreement is clear that it is not an
indemnification. Therefore, a payment would not be included.
M. de Jong: I’ll make this observation that the agreement makes the point that
it does not wish to create any kind of obligation around an
indemnification. I don’t think the minister has made a convincing
argument, with the greatest of respect, around either the uncapped
component of sub (
a) or the suggestion that a future government could
rely upon that to make a payment. They may require additional
authorizations elsewhere to make such a payment. I don’t think, though,
that she has made anything close to a convincing argument around either
point.
However, there is one other component to the operating performance
payments that I wanted to canvass with the minister. It’s the tie-in
between 11.2, which is the termination provision, and those payments.
The minister and her officials obviously are familiar with 11.1 and
11.2.
I’m going to describe what I think the scenario is that this is
designed to apply to. If I get it wrong, the minister will correct me.
Here’s a scenario that I think this is designed to respond to, one of
many, I suppose.
Project is constructed. Project begins to operate. We’re now in
year 10 or 12. The operating payments that are set out further on, under
one of the schedules, are I think $500,000 a year. So I’d say we’re in
year 12, which I guess, according to the schedule, means there’s been $6
million on the $596 million paid. So there’s $590 million owing in that
scenario.
The bulk of that comes owing in year 19 and 20, but the proponent
chooses to, for whatever reason — and none of this would be good news, I
can imagine — exercise their rights of termination under 11.2. Have I
calculated this correctly? In that scenario, with $590 million in
deferred PST owing, having exercised that right under 11.2, the formula
is 1 percent of that, and their obligation to the Crown would be $5.9
million of the $590 million? Have I got that correct?
Hon. C. James: Yes, that’s correct.
[4:15 p.m.]
M. de Jong: To describe that as a healthy discount is perhaps an
understatement. Can the minister share with the committee the rationale
and how it is that she and the government feel that is appropriate or
reasonable?
Hon. C. James: Yes, this certainly was part of the discussions. I talked about
the back-and-forth in the discussions that we had with LNG Canada and
looking at the competitiveness and looking at a fair return for British
Columbians.
A couple of pieces that I think are important factors. The first
one is that the $596 million is about 2.7 percent of the $23 billion
over the life of the project. Important, no question — that’s why we
have the payments around the PST. But remember in the scenario that the
member used, if it’s year 10 or 11 or 12, we are well into the project.
The government of British Columbia, the people of British Columbia, have
been seeing the benefits. They’ve been seeing the benefits in carbon
tax. They’ve been seeing the benefits in royalties. They’ve been seeing
the benefits in personal income tax. They’ve been seeing the benefits in
corporate income tax. Those are benefits that will have been flowing to
British Columbia over those years.
No question — it has to be included as part of the competitiveness
measures that we put together. That will be judged as a competitive
measure. But certainly, from our perspective, we felt that the
investment risk is really to LNG, if they’re looking at having to
decommission. They’ve based their economic modelling on a 40-year model,
so the risk to a shutdown is huge to them.
As I said, B.C. would certainly have been receiving the benefits
up to that time period. It wouldn’t receive, as the member points out,
the balloon payments, the end payments, around the PST, repaying back.
But again, that’s, as I said, about 2.7 percent of the $23 billion in
total. So we felt, as part of the competitive measure, that this, again,
would provide the fair return to British Columbians.
[4:20 p.m.]
M. de Jong: I think what the minister has said about the relative risks and
merits has some merit insofar as it is the proponent who is making the
sizeable investment. I accept that as a part of the equation here to
weigh against the risk.
I would only ask the minister, then, having accepted that part of
her argument, to confirm in clear terms — she may think she’s already
done this, but I would ask her to do it once again — that in the event
the project were to terminate, pursuant to 11.2, at any point prior to
the 18th or 19th year, British Columbians will not receive the bulk of
the deferred PST payments that they would otherwise be entitled
to.
Hon. C. James: I just think a couple of things are important. It would be the
remaining payments that wouldn’t be received, so it would depend on
where the shutdown occurred, based on the payments that are being
received. It’s the remaining payments that wouldn’t be
received.
Just to clarify, the member is correct in the information he
provided, but the other piece that’s important to clarify is it would
need to be a permanent shutdown — a shuttering of the doors and a
permanent shutdown of the facility.
M. de Jong: Well, yes, none of this contemplates a very happy scenario, to be
sure, in the case of the taxpayers of British Columbia and the PST. A
very unhappy — an added unhappiness as it relates to that
provision.
One other thing I wanted to — well, two other things, actually,
but one specific…. I wonder if I could ask the minister to go to
schedule B of the agreement, which is a few pages hence: “Communications
protocol.” My question is not a complicated one.
I’m not disputing the advisability of having a communications
protocol, nor am I minimizing the challenge associated with having
conversations and sometimes the proprietary nature of those
conversations, the impact of third parties. There is a multinational
dimension to this. It is all very complicated. I am not disputing the
need for a communications protocol. But I compared this with what
existed in the agreement that came before the House 2½ years ago, and
the glaring omission that I detected here was a specific reference to
the applicability of British Columbia freedom-of-information and access
laws.
If I’m mistaken, please point that out to me, but the previous
agreement made specific reference to the applicability of that
jurisdiction. I did not see that here.
Hon. C. James: Perhaps it was just in a different place. I think that’s where….
It’s 6.8. Page 9 of the agreement talks about legal processes, including
FOIPPA.
M. de Jong: I’m at page 9, 6.10. Is that what the minister is referring me
to?
Hon. C. James: Sorry. For the member, 6.8: “The province is subject to the
provisions of FOIPPA. As a public body under FOIPPA,” etc. — so page 9
of the agreement, 6.8(b).
[4:25 p.m.]
M. de Jong: Thanks to the minister. That is helpful.
Look, I had one last general area I was hoping that I could, with
respect to the agreement itself, invite the minister to provide some
comment around. This goes back to the document on “Forecast cumulative
B.C. revenue.” It’s a little bit open-ended, but I used to like
open-ended questions as a minister, so here is one for the minister
today.
Assess the risk here. We’ve got a range, and I don’t dispute the
wisdom of identifying a range. But if we look at where the direct
revenues to government are contemplated to come from, the two biggest
areas are royalties and corporate income tax rates. I want to leave it
open-ended. I don’t want to lead the minister anywhere. But it strikes
me that, in those two large areas….
Around royalties, I guess the risk involves the rate of royalty
and/or whether the gas is sourced from British Columbia. Around
corporate income tax, the assignment of income would be a risk factor,
and some of that is beyond the control of the province. Those are areas
of risk that occurred to me. As she commends this agreement to the House
and British Columbians, can the minister indicate where she sees the
areas of risk around those revenue forecasts?
[4:30 p.m.]
[R. Chouhan in the chair.]
Hon. C. James: I appreciate the question, because I think it’s…. The member will
know this very well, having been in this position. I think it is one of
the great challenges, not for a minister alone but for the government:
to take a look at risks and to assess those risks for any and every
project that comes forward, for any and every request that comes forward
for resources, support or investment in our province. I think that is a
critical part of the job, to look at weighing those risks and benefits,
weighing what will come to British Columbians and what the risks
are.
It’s part of the reason that I am so proud of the four conditions
that were put in place by the Premier in looking at LNG, because I think
it is part of that weighing the risks and balances, making sure that we
looked at our environmental standards, making sure that LNG was included
as part of that, making sure there was a fair return for British
Columbians.
I think the entire process we’ve gone through has been part of
looking at assessing those risks from start to finish and weighing each
of them at every stage of the project. I think the biggest challenge, no
question — I think the member will know this from the work that they
did, as well — is the competitiveness. I think that’s part of the reason
that we have taken the time to put together an agreement that we have in
front of us and legislation to come, because I think competitiveness is
one of the biggest challenges when it comes to this particular
project.
A challenge around corporate income tax is there, no question, as
the member identified. But again, I believe that the credit mitigates
some of that risk. I think that’s certainly why we supported it in
coming forward. It speaks very specifically to the importance of having
an investment and corporate income tax paid in British Columbia, which
is critical, from my perspective, to make sure that we can capture the
British Columbia corporate income tax, that people will not be eligible
for the credit unless they pay their corporate income tax in British
Columbia. So again, that’s one of those mitigations.
It’s always a balance. It’s always a job to make sure that you
weigh all of those. I believe we’ve done that in this
project.
M. de Jong: Thank you to the minister. I think I’m going to leave the
questioning around the agreement. I think that might be a nice segue.
The minister has made comments about her views on the applicability and
importance of the taxation measures she has introduced as part of Bill
10. My colleagues have some specific questions, so…. Not wishing to
prompt, but this might be the appropriate time to ask whether
section 1
shall pass.
Hon. C. James: Chair, may I suggest that we take a ten-minute break at this point
and then move to the legislation, if that works for the
members?
The Chair: This House will be in recess for ten minutes.
The committee recessed from 4:33 p.m. to 4:45 p.m.
[R. Chouhan in the chair.]
The Chair: Calling the committee to order on
section 1.
S. Bond: Good afternoon, Minister. I know that my colleagues have spent a
significant amount of time talking about the agreement. We’re now going
to move to the legislation, which actually is the mechanical part of
making this work. It is a very complicated tax; it is very complicated
language. We’ve spent a great deal of time, my very competent co-critic
and I, working our way through this. So together we’re going to ask some
questions over the next little while. We’re going to start with,
obviously,
section 1. Perhaps the minister can tell us what kind of
information will be shared under
section 1.
Hon. C. James: Thank you to the members for going through the process of
committee stage of these bills. As the member has rightly identified,
this
section allows information-sharing to be included and — I think
that these are the important pieces — to collect any information
relevant for the administration or enforcement of the natural gas
credit. That would include, mainly, the amount of credit that is
eligible and the amount of gas that is collected to be able to implement
this credit.
S. Bond: Thank you very much to the minister. Obviously, that’s going to be
important information when you think about the magnitude of this
particular project. Can the minister tell the committee who will
administer the sharing of the information?
Hon. C. James: It would be the Commissioner of Income Tax in the finance
department who would administer this. Just another piece of information:
these provisions were also provided under the Liquefied Natural Gas
Income Tax Act, so these are very similar provisions.
S. Bond: I want to thank the minister for that clarification. That’s
helpful. What information will be made public about projects benefiting
from the tax arrangements that we’re about to discuss?
[4:50 p.m.]
Hon. C. James: This is a unique circumstance because we have one company, one
agreement with LNG Canada. As the member knows, we don’t release
information that identifies the income tax or the taxes of individuals
or companies if it identifies one company, and this is one agreement
with one company. So there won’t be a release of the information of how
much that specific company gets because that would be releasing taxpayer
information.
S. Bond: Well, certainly, it is one project. It’s the largest investment in
Canadian history. So it’ll be interesting to see what kind of
information is made public. I think much of the discussion about the
agreement earlier was all about the issue of transparency, and British
Columbians want to know and want to understand what this is going to
cost, what the benefits are. On that note, will we know how much gas
calculated in providing the LNG tax credit is proportioned from British
Columbia and how much is from other jurisdictions, and again, will that
information be made public?
Hon. C. James: We had some of this discussion earlier around the agreement, so
it’s good to make sure we put it on the record here as well.
It’s expected LNG’s project…. The member will know that we use the
generic LNG project as our estimations of revenue with a high and a low
for those estimations. But it is expected that 60 percent of the gas
will come from increased B.C. production and 40 percent…. In fact, they
expect a large portion of that will come from redirected gas that’s
being exported right now that will actually now be able to be utilized
in British Columbia because we’ll have the opportunity to be able to
utilize it through LNG Canada’s project.
S. Bond: So I take it that the minister’s answer is no, that it won’t be
specifically made public. This is a really important question for
British Columbians, particularly to understand where the resource is
coming from. The minister used the word “expect” twice and that we use a
generic model. Can the minister just clarify: will information about the
apportionment of gas related to this project be made public?
Hon. C. James: I think the first piece, as I’ve mentioned already, is the
expectations around LNG Canada and their assumptions that they utilized
to make their final investment decision and recognize that this would be
a benefit to them as a company as well as to British
Columbia.
[4:55 p.m.]
I think the other piece around utilization of gas will be obvious
because of the production that will occur in British Columbia. We will
be able to see that kind of production. It’ll be demonstrated by the
development of the fields. Sixty percent needs from increased B.C.
production is going to be an obvious piece in British Columbia that will
be obvious to the community, certainly, but to the province when we
start seeing the resources flow.
S. Bond: Well, it may be obvious to some British Columbians. But I think
the issue is about transparency. I think that’s going to be the
continued theme that we see throughout all of the questions that we’re
going to have today.
The minister referenced redirected gas. Could she elaborate on
where that would be redirected from?
Hon. C. James: The discussion is around existing gas that is being exported to
Alberta and the, again, expectation by LNG Canada that they will, in
fact, need that gas for their production. We’ll be able to actually see
those pipelines reverse in some ways. The gas will be coming back into
British Columbia instead of being exported to Alberta, because they will
need the production numbers here in B.C.
[5:00 p.m.]
Section 1 approved on the following division:
YEAS — 82
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Malcolmson
Glumac
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Reid
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Isaacs
Letnick
Thomson
Larson
Foster
NAYS — 3
Furstenau
Weaver
Olsen
section 2.
[5:05 p.m.]
T. Redies: This
section deals with the anti-avoidance rule. Just wanted to
query the minister. Can she explain what an anti-avoidance transaction
would look like in relation to the LNG tax credit? Does the minister
expect that there is a risk of companies falsely seeking a tax benefit,
and is that why this
section has been added?
Hon. C. James: Thank you for the question. I think the first piece is that it is
a routine clause to include in tax bills. I think that’s certainly not
because we expect that there’ll be fraud, but because you can’t
anticipate all of the eventualities that could or may occur. This was in
the previous bill as well, so it’s just continuing the routine
protection in case something is discovered.
T. Redies: Thank you to the minister for the answer. Given that this tax
credit is structured as an investment incentive, what elements of this
credit would give cause for an avoidance transaction?
Hon. C. James: Again, I think the important piece is this is routine in tax
bills, usual in tax bills, for any kind of anti-avoidance when it comes
to taxes. One of the examples could be that you have to be a qualifying
corporation to get this tax credit. Perhaps somebody is not being
upfront about whether they’re a qualifying corporation. They’re trying
to claim it as a qualifying corporation, and they aren’t. That might be
an example of something that could be caught under an anti-avoidance
rule, but we don’t anticipate that. It’s a routine in case something is
discovered as this credit is implemented.
T. Redies: Thank you, Minister, for the answer. We understand that it is
routine. We’re just trying to understand how it applies in the context
of this investment incentive.
If the minister is seeking to avoid unearned tax benefits as a
result of the provision, can she explain why there are no incentives in
this act that require B.C. gas to be used in order to get the tax
credit?
[5:10 p.m.]
Hon. C. James: I think this is an important discussion, so I’m glad the member
raised it. It isn’t possible to track molecules of gas. That wasn’t
possible in the previous legislation. It wasn’t possible in this
legislation. You can’t track molecules of gas.
It is important, as the member…. I’m guessing that’s why the
question is being asked. It is important to ensure that we do everything
we can to make sure that the activity occurs in British Columbia. We had
a discussion — sorry, my days are blurring — around the 60 percent and
40 percent, that 60 percent of the gas is expected to come from new
development in British Columbia.
We have, as the member will know from going through the tax bill,
also focused the credit so that it requires you to be a business
primarily doing your business in British Columbia, primarily in the area
of oil and gas. In fact, we’ve set a threshold of 50 percent. There was
no threshold in the previous legislation. We feel that that was an
opportunity for people not to be primarily in the business of oil and
gas. So we have built in that threshold. That’s, again, another
protection to be able to make sure that the support is there for B.C.
business and B.C. investment.
[5:15 p.m.]
Section 2 approved on the following division:
YEAS — 82
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Malcolmson
Glumac
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Reid
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Isaacs
Letnick
Thomson
Larson
Foster
NAYS — 3
Furstenau
Weaver
Olsen
section 3.
[5:20 p.m.]
S. Bond: We want to spend just a couple of seconds here on
definitions. Can
the minister please define what a “major LNG facility” is?
Hon. C. James: As I was mentioning earlier around a major LNG facility, it’s an
LNG facility that’s located in the province that’s capable of producing
a prescribed amount of LNG per year. That description is yet to be
determined. The specific amount that the facility is required to produce
will be prescribed after the legislation receives royal assent, if it
does. The policy intent is to limit access to the natural gas tax credit
to owners of natural gas at large facilities only.
T. Redies: Minister, can you define what “permanent establishment” means? If
a company has its headquarters in another province but a permanent
establishment in B.C., under this act, where would corporate tax be
paid?
Hon. C. James: The definition is the same definition that’s used in the federal
Income Tax Act. It’s no different, for tax purposes, as it would be for
any other business. It’s a foundational principle of the Income Tax Act
for paying business, for businesses. It basically is a fixed place of
business. Then the specifics would be in the federal act. So it’s no
different. It has the same meaning as the federal act.
T. Redies: Thank you for that answer. My second question was: if a company
has its headquarters in another province — say, for example, Alberta —
but the permanent establishment of the facility is in B.C., where will
corporate income tax be paid?
[5:25 p.m.]
Hon. C. James: I think it’s important to note that it’s a permanent
establishment. So that doesn’t have to be a head office. That’s not the
requirement, to have a head office. Obviously, it would be great to have
head offices, but that’s not a requirement.
The income allocations would be based on where salaries and wages
are paid, gross revenue. That’s the determination that we’ve made around
where the income tax would be paid. But they, again, could have a
permanent establishment here and still have a head office somewhere
else. The head office does not determine the income tax that’s paid in
the province.
T. Redies: Thank you, Minister, for the answer. The government is,
essentially, giving a 3 percent tax credit to LNG proponents, the
equivalent of a 9 percent corporate tax rate in B.C., when they’re
asking other corporations to pay 12 percent. I just find it curious that
the government hasn’t stipulated within this bill, this act, that
they’re requiring all of the jobs to be in B.C.
My question is: has the minister considered the potential impact
of a new government in Alberta, for example, and their indication that
they would be lowering the tax rate to even lower than 9 percent? Will
that have any implications, potentially, to jobs and income that could
have been taxed here in B.C. now accruing to Alberta?
[5:30 p.m.]
Hon. C. James: I think there are a couple of pieces that I just want to mention.
One is the structure of the tax credit. I talked a little bit about that
earlier, but I think it’s important to note that the tax credit was
structured to encourage, as much as possible and with all the tools the
government has, that we would see the corporate tax paid in British
Columbia. So you can’t get the tax credit unless you pay corporate
income tax in British Columbia. That’s the first piece. I think that’s
an important piece.
You also have to have at least 50 percent of your activities here
in British Columbia in the oil and gas industry — again, an incentive to
be able to apply for the tax credit. Those are two important
pieces.
I think the bigger piece…. The member talks about whether the tax
will lower or raise in another province, and I think that’s always part
of competitiveness. We certainly saw it in the film industry, for
example.
It’s important to note that you look at all of the competitive
measures that are there, because to simply play the tax game, where one
province lowers and another province lowers…. You know, we saw that with
the film industry. It was not productive for anyone across the country,
nor for the industry, to see provinces playing off each other when it
came to the individual taxes.
You needed to look at the entire measure of competitiveness for an
industry or a variety of industries in our province, and that’s what
we’ve done through the agreement that we have in place.
The Chair: Shall
section 3 pass?
Interjections.
The Chair: We are still on
section 3 —
section 3,
section 172. It’s all
part of
section 3.
If members have questions on subsections, please indicate what
subsection you are asking a question about.
Section 173.
T. Redies: Okay. Let’s get this together here.
What volume of natural gas would have to be produced to be
eligible for the full 3 percent credit?
[J. Isaacs in the chair.]
Hon. C. James: This is part of, as we talked about in one of the previous
sections, determining what the definition of a major LNG facility is,
how that will be defined. That’s going to be in regulation, as I talked
about. There are a number of ways you could define that, and volume of
natural gas may be one of those, but that’s to be determined.
[5:35 p.m.]
T. Redies: Thank you, Minister, for the answer, although it was kind of a
non-answer.
Can the minister explain how the credit calculation stacks up in
subsection (3)? In particular, is the 0.5 percent of the corporation’s
eligible cost of natural gas within the 3 percent credit or in addition
to? Why has it been set up this way?
Hon. C. James: This is set up exactly the same as it was in the previous bill.
The 0.5 is in legislation, and the 2.5 is in regulation. That was
exactly the same structure as in the previous bill.
S. Bond: This section, 173, that we’re taking about is the natural gas
credit, which is the heart of this whole discussion. I’m wondering. So
far we know that the definition of “major” and a “major facility” will
be decided after the fact. We also have just discovered that the 3
percent tax, the full 3 percent credit…. How much gas do you need to
produce? We don’t know that either.
Let’s try for this one. I think British Columbians deserve to
know. Can the minister tell us, tell the committee today, what the total
expected tax expense is as a result of this tax credit?
Hon. C. James: I know we’ve had this discussion. These are public documents as
well, so I know the member, I’m sure, has them.
As the member knows, we put out the generic numbers when it comes
to revenue — so what would be the corporate tax received by the province
after the measures were in place. There’s a high and a low, again, to
ensure that we have the generic model.
We obviously can’t release specifics around one individual
project, because that’s income tax information for an individual
taxpayer, which would include the company.
[5:40 p.m.]
The corporate income tax at the low would be $4.9 billion and at
the high would be $8.97 billion. Again, these would be after-measures
resources coming into British Columbia.
S. Bond: Thank you very much to the minister. One of the things that we are
hearing a great deal about, as co-Finance critics, is the issue of
competitiveness. We’re hearing it in small business — all over the
place.
B.C., as we understand it, has no memorandum of understanding with
Alberta regarding the employer health tax. Can the minister, first of
all, confirm that for this project there will be an employer health tax?
Perhaps she can comment on the fact that there has certainly been an
observation made that the EHT incentivizes booking payroll in Alberta as
opposed to B.C. What does she see as the likelihood of that undermining
the purpose of the LNG tax credit?
Hon. C. James: I think this again comes back to the competitiveness measures that
were put in place for LNG Canada — the work that we did in coming up
with the agreement. We looked at a range of pieces.
As I said in the last question, I think it’s important to
recognize that, again, 50 percent of the activities would have to be in
B.C. in the oil and gas area. And in order to receive the credit, you
need to be able to pay your corporate income tax in British Columbia. If
you move your employee salaries out of British Columbia to somewhere
else, you are not going to be registering your corporate income tax.
Therefore, you’re not going to be eligible for the credit. So making
that link around paying corporate tax in British Columbia and being able
to access the credit based on corporate income tax in British Columbia
creates that link and that support that I believe the member is talking
about.
T. Redies: It’s kind of a curious answer, because if the corporate tax rate
is 8 percent in Alberta, a company is not going to care about the 3
percent tax credit here in B.C. But I’ll leave that alone for
now.
[5:45 p.m.]
Section 201 suggests the proponent can appeal the employers health
tax. Can the minister explain in what circumstance this would happen,
does it open the door for the government to provide breaks on EHT to LNG
companies, and does the minister believe that is fair, given the fact so
many small B.C. companies now are having to pay the EHT?
Hon. C. James: I just wanted to make sure I was looking at the correct section.
They will pay the EHT. That’s a requirement in this province, and there
is no exception there. But I think what the member is reading is the
determination of the Commissioner of Income Tax. That determination is
based on collection of taxes. That provides the commissioner with the
ability to register a lien, for example, against the property of a
corporation or an associated corporation in order to receive an amount
owing to the government.
This is again boilerplate language that goes in to make sure that
we have the ability to collect that EHT, not the ability to say yes or
no to the EHT. That’s not in this section. That doesn’t exist in the
bill. They have to pay the EHT.
[5:50 p.m.]
Section 3 approved on the following division:
YEAS — 82
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Malcolmson
Glumac
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Reid
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Letnick
Thomson
Larson
Foster
NAYS — 3
Furstenau
Weaver
Olsen
section 4.
M. de Jong:
Section 4 is interesting but apparently not interesting enough.
People will regret what they are doing now when they read about
section
[5:55 p.m.]
Section 4 is interesting. It’s a pretty simple section. It flows,
in part, from the approach that government has taken. It flows, in part,
from the tax credit regime that has been introduced. It purports to,
firstly, repeal, under sub (a), the Liquefied Natural Gas Income Tax
Act. That makes sense.
My purpose here is not to comment on the advisability of the two
approaches — the one that the previous government followed versus this.
There has been a discussion about that. The House has now voted to adopt
a different regime, and the two cannot coexist. It follows that the
Liquefied Natural Gas Income Tax Act should be repealed. I guess over
the life of the project and other projects, we’ll see the wisdom in the
altered approach, so no argument there.
Where I have expressed a concern is with respect to the proposal
to delete, in sub (b), the Liquefied Natural Gas Project Agreements Act.
It strikes me that there are two significant parts to that act. One is
the enabling provisions around the indemnity that the previous
government sought to employ and deploy to secure an
agreement.
We have had a discussion in this committee about how, for the
purposes of the agreement involving LNG Canada, the government chose to
employ a different mechanism. I call it the certainty mechanism —
certainty from the perspective of the company. However we characterize
it, the government has chosen to employ a different mechanism — although
we had an interesting conversation about one aspect of that: sub (
a) and
whether or not the corrective measure is capped in sub (a), as it is in
sub (b). We’ve had that conversation.
The other thing that the Liquefied Natural Gas Project Agreements
Act did was impose…. Well, let me back up. The indemnity is enabling;
governments can use it or not. There’s nothing compelling them to do so.
The present government has chosen not to draw on that authority and
power.
The second thing in the LNG Project Agreements Act that is, I
think, fundamentally important is the positive obligation it imposes on
governments to disclose agreements to the public. I may hear or may not,
we may hear or may not, from the minister about the applicability of
that positive obligation, depending on how one labels the agreement. The
minister may say: “Well, in this case it was inapplicable because this
is an operating performance payment agreement, not a project development
agreement.”
The point is this. In the absence of substitute language or
another provision elsewhere that places or continues to place a positive
obligation on the part of government to, at a minimum, disclose these
agreements to British Columbians, I think it is inappropriate to
eliminate what exists in — I think it was Bill 30 — the Liquefied
Natural Gas Project Agreements Act. I think it’s wrong, I think it’s
inappropriate, and I don’t see any reason for it. All I see is a desire
to eliminate the one legal instrument that imposes a positive obligation
on governments to provide that disclosure.
[6:00 p.m.]
You can’t, on the one hand, say to the public, “This is the
biggest, the most important” — all of those things that, quite frankly,
we on this side of the House have, in large measure, echoed — and then,
on the other, dispose of or eliminate the only provision we have on the
statute books that imposes a positive obligation on government to
disclose the agreements.
Now, if the government had come along and said, “We want to change
it,” or “We want to refine it,” or “We want to bring it into conformity
with the type of agreement,” I would have been perhaps more sympathetic.
But they haven’t said that. They said: “We’re going to eliminate it. And
we’re not going to replace it in a specific way.”
I disagree with that. The official opposition disagrees with that,
which has given rise to my amendment standing on the order paper. Now,
I’m told, in this 100th year of the establishment of the office of leg.
counsel, that the lingering existence of an “s” on the word “acts,” is
potentially problematic.
So in speaking to the amendment as it appears on the order paper,
I am proposing to table a subsequent one that would read as
follows:
Section 4, by deleting the text shown as struck out
and adding the underlined text as
shown:
Related Repeals
Acts repealed
4 The following Acts are repealed:
(
a) Liquefied Natural Gas Income Tax Act ,
S.B.C. 2014, c. 34;
(
b) Liquefied Natural Gas Project Agreements
Act , S.B.C. 2015, c. 29.
Related Repeal
Act repealed
4 The Liquefied Natural Gas Income Tax Act , S.B.C. 2014, c. 34, is
repealed. ]
I believe that language accomplishes what we seek to do. I’ll
table that, Madam Chair, and I have made my argument.
On the amendment.
M. de Jong: I found it interesting…. I will say this, not to belabour the
point. I found it interesting that in its earliest communications
document, buried kind of at the end, the government made a specific
point of saying it wanted to repeal the act that requires disclosure. I
must confess. I never heard an explanation for why that was so and why
that was necessary.
If they had wanted to, I was concerned that they chose not to
include positive disclosure requirements, positive disclosure
obligations elsewhere. The public deserves to see these agreements. They
deserve to know. They deserve to see all of the agreement, not just
select portions of it.
I hope the government has come around to the opposition’s way of
thinking on this. We’ll see the merits of maintaining the only positive
statutory obligation that presently exists with specific respect to
liquefied natural gas agreements for disclosure to the
public.
Hon. C. James: Speaking to the amendment, I agree with removing the “s” from the
“acts,” since the amendment actually speaks to removing
an act, not
acts. I agree with that part of the amendment that’s brought forward.
But I don’t agree with maintaining the Liquefied Natural Gas Project
Agreements Act because we are not putting together a liquefied natural
gas project agreement.
It’s very clear, around the definition in this act, of the type of
agreement that is put in place. In fact, it includes indemnifications in
that act. We were very clear that we do not believe that
indemnifications are the kind of practice that we should go forward
with. So, from our perspective, that act does not, in fact, provide the
support for the kinds of performance payment agreement that we brought
forward.
I am sympathetic to the member’s comments around disclosure to the
public. I think that is important. In fact, we released, on the day we
did the legislation, the full agreement in public. I think that’s
important, and that’s certainly the expectation that we’ll continue.
We’ve set the expectation, with this legislation, by bringing in the
legislation and releasing the agreement.
I certainly understand the disclosure to the public. I think that
is an important piece, but it’s not done through
an act that defines
something that we are not bringing forward and that we do not intend to
bring forward. Therefore, I wouldn’t support the amendment.
[6:05 p.m.]
M. de Jong: Well, I’m disappointed, because if…. First of all, let me make
this point. Governments can label documents whatever they want. There’s
no magic in that. A project development agreement. An operating
agreement. Surely what’s important to the public is that governments
accept and enshrine a positive obligation to disclose those agreements.
And by the way, governments spend…. I say this next thing not
specifically pointing to the Finance Minister or any government. But
when I look at the amount of tax dollars that are spent, for example,
purchasing pharmaceutical products and the continued existence of
non-disclosure agreements….
We have had some experience with that and the degree to which
folks in the private sector, at times, have a real bias for keeping the
terms of agreements private. But we are a public agency. What two
private contracting parties do is generally their business, but that is
not the case here. The agreement involves specific changes to public
policy. It includes some constraints around changes to public policy,
some ramifications for future changes to public policy. And having a
positive requirement on the books….
I guess the question that follows from the minister’s comments,
and I’m obliged to her for making the comments, is: if the disclosure
requirements in this act, the Liquefied Natural Gas Project Agreements
Act, weren’t to her satisfaction, why didn’t she create positive
disclosure obligations elsewhere that were? She chose not to do that,
and the government chose not to do that. And the absence of that
positive legislated requirement on the part of government drives me to
the conclusion that it is inappropriate to eliminate and repeal the one
act that does create that obligation. But it sounds like we’ve got a
difference of opinion.
My intention is not necessarily to prolong the debate. The
minister doesn’t sound like I’ve convinced her, and it doesn’t sound
like I have convinced the government benches. I’m hopeful I’ve convinced
someone. I’m hopeful that I have convinced at least someone on the other
side of the House, or a few people on the other side of House, that
sending that signal that the public deserves to know…. Whether you agree
with an agreement or not, surely the public deserves to know, and
eliminating the only statutory provision that requires governments to
disclose those agreements would be wrong.
Hon. C. James: Thank you for the discussion on the amendment. I think it’s
important to note, again, that this is not an amendment coming forward
on disclosure. This is not an amendment on disclosure. This is an
amendment to leave in place the Liquefied Natural Gas Project Agreements
Act. That act is very clear and relates to the previous agreements that
were being put in place. We need to ensure that the agreements relate to
the existing reality, things like the PST that we included in our
agreement. It does not….
The previous legislation that the member is suggesting remain in
place says very clearly that it will provide to a person an indemnity.
Well, we’ve been very clear about not indemnifying future governments,
not indemnifying the Legislature. It includes three sections here that
talk about including a provision with an indemnity. Again, that’s not
what we’re talking…. We’re not talking here about an amendment coming
forward that speaks to disclosure. We’re talking about an amendment that
comes forward that speaks to a previous act with previous agreements
that were in place.
We have a new approach, as the member knows from the discussion
we’ve had over the last couple of days. We have operating performance
payment agreements. It’s important that the provisions relate to the new
agreements that are in place.
[6:10 p.m.]
R. Coleman: I support the amendment a