British Columbia Hansard — Tuesday, November 12, 1974 — Night Sitting (30th Parliament, 4th Session)
30p 04s 741112z
British Columbia — Debates (Hansard)
1974 Legislative Session: 4th Session, 30th Parliament
HANSARD
The following electronic version is for informational purposes
only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
TUESDAY, NOVEMBER 12, 1974
Night Sitting
[ Page
4641 ]
CONTENTS
Routine proceedings
Assessment Amendment Act, 1974 (Bill 170). Second
reading.
Mr. Curtis — 4641
Mr. Liden — 4657
Mr. L.A. Williams — 4659
Mr. Dent — 4662
Mr. Phillips — 4664
The House met at 8 p.m.
Orders of the day.
Hon. E.E. Dailly (Minister of Education): I move the
House proceed to public bills and orders.
Motion approved.
Hon. Mrs. Dailly: Adjourned debate on Bill 170.
ASSESSMENT AMENDMENT ACT, 1974
(continued)
Mr. Speaker: Are you leading off as the designated
speaker'!
Mr. H.A. Curtis (Saanich And The Islands): Yes, Mr.
Speaker, I was going to inform you that I am the designated
speaker on this debate at this point.
Hon. D. Barrett (Premier): Would you like a copy of
your old speech? (Laughter.)
Interjections.
Mr. Speaker: Order, please! Would the Hon. Member
defer a minute?
Hon. R.M. Strachan (Minister of Transport and
Communications): Point of order, Mr. Speaker.
Mr. Speaker: Have you a point of order'?
Hon. Mr. Strachan: Point of order, yes. I wonder if
the Member…. He says he's the designated speaker; I wonder
if he'd care to say for which party.
Some Hon. Members: Oh, oh!
Mr. Speaker: Oh, order, please! That's merely
facetious. Would the Hon. Member proceed? I apologize.
Mr. Curtis: Thank you. I was going to reply to the
Premier, Mr. Speaker, through you, briefly.
Yes, I've read my old speeches, and the one thing, Mr.
Premier, is that I'm really not prepared to live in the past,
because the situation…. As I said the other day to the
Premier, he can have his fun and it's really not going to have
that much effect.
Nevertheless, Mr. Speaker, I think that it's important that we engage in some
rational debate on this bill, the Assessment Amendment Act, 1974, Bill 170,
which was introduced a few days ago and which was the subject of spirited introduction
by the Premier and Minister of Finance just before the dinner adjournment.
I have some comments with respect to those terrible
corporations who are suffering, or will be made to suffer as a
result of the NDP government. I got quite a few letters — not
from corporations, but from individuals who have experienced
grave difficulty as a result of the assessment mishmash which
started quite some time ago. I admit that, and I emphasize that
point: we have a problem which has been underway for a good
number of years in British Columbia. It is continued tinkering
Interjection.
Mr. D.M. Phillips (South Peace River): We're not the
Minister of mismanagement like you are.
Interjection.
An Hon. Member: Bumbling Minister. The bumbling
Minister of….
Mr. Speaker: Order, please! The Hon. Member is
entitled to be heard.
Interjections.
Mr. Speaker: Order, please! You're consuming your
Hon. Member's time.
Mr. Curtis: I am the designated speaker.
Mr. Speaker: Oh, I'm sorry, yes. (Laughter.) Well,
you're consuming my time.
Mr. Curtis: And the time of the House. Okay, Mr.
Speaker.
Mr. Speaker: Thank you. I'm glad somebody's
supporting me.
Mr. Curtis: A little bit of background may be helpful
before we turn to the main points at issue tonight. I notice
from Votes and Proceedings, No. 71, of this assembly of
Friday, April 5 of this year, the special committee to review
assessment procedures in British Columbia filed its report.
Page 3 of Votes and Proceedings for that date spoke
strongly about the need to return to equalized assessment for
the assessment roll of 1975 or, at the very latest, the
assessment roll for 1976.
On page 4 the committee said:
"The committee therefore strongly recommends that careful
study be undertaken into the changes in taxing procedures
necessary
[ Page 4642 ]
to ensure the equitable distribution of the real property tax
contemporaneously with the legislation which will return equalized assessment
to British Columbia. The committee realizes that such a study will be a major
undertaking and urges that it commence at the earliest moment in order that
changes with respect to assessment will not be delayed beyond the time recommended
earlier in this report,
section C(3)."
Repeating one portion of that paragraph:
"The committee realizes that such a study will be a major
undertaking, and urges that it commence at the earliest
moment……
That was April 5, Mr. Speaker, and the committee appointed
later in the spring session, for one reason or another, was not
in a position to commence its study until September 17, when it
met in Vernon with representatives of the Union of B.C.
Municipalities and, the following day, with representatives of
the B.C. School Trustees Association.
Now we could spend a great deal of time, and perhaps other
Members in this debate will ask the question: why did it take
from very early April — receiving a report and recognizing that
a problem of considerable magnitude faced this House, all
parties of this House — why did it take until the middle of
September before the committee could get down to work?
I suppose it was realized by some committee members very
early in the fall that it was not going to be possible to
complete the task assigned to it unless there was some
tremendous breakthrough, which could not be foreseen. But I
emphasize the point — identifying this as a very major problem
facing the people of British Columbia and facing this
Legislature as representatives of the people of British
Columbia — that we sat around from April 5 until September 17.
We should not lose sight of that fact: the committee did not
start soon enough.
The real tragedy of this entire property tax exercise, in my
view, is that the government did suddenly discover the
magnitude of the task, the complexities of the whole real
property assessment and taxation process, but somehow and
somewhere lost its resolve, lost its determination to carry the
job through to a logical and a fair conclusion.
Now, Mr. Speaker, I suggest that it's important to realize
that that wasn't the early opinion or attitude of several
government Members — indeed all members of the committee
perhaps. Just a few weeks ago when we heard expressions such as
"We have to bite the bullet"…. .
Mr. D.E. Smith (North Peace River): Who said that?
Who said that?
Mr. Curtis: …and only a few days later….
Interjections.
Mr. Speaker: Order, please!
Mr. Curtis: This was the attitude of government
Members in committee discussion: "We have to bite the bullet."
Yet a few days later there were words to the effect that "no
matter which way we go, we are in the glue."
There's a headline in the Vancouver Province for
October 8, page 25, Mr. Speaker, which is thus: "Barrett
Putting Brake on Tax Reform" — October 8, 1974.
" Everybody is telling the committee to slow down. Timing is
the question. The safest thing I can say is that there will not
be major shifts in taxes within the year, because that's the
obvious demand of the community through the taxation
committee."
End of quote from the Vancouver Province for that
date.
In other words, Mr. Speaker, while the municipal affairs and
housing committee was still travelling the province, still
conducting hearings, hearing representations from a variety of
organizations and individuals, the Premier and Minister of
Finance was already directing the committee.
Some Hon. Members: Oh, oh!
An Hon. Member: Interference.
Hon. Mr. Barrett: Same old slippery Hugh.
Mr. Curtis: The Premier was directing the committee
through the press, giving us the message that he, as the First
Minister of the Crown in British Columbia, would not tolerate a
certain type of recommendation from the committee. Now that was
a very clearly delivered message as the committee was
struggling with a major problem.
There's another interesting couple of headlines.
Hon. D.G. Cocke (Minister Of Health): Did you quit
then? Did you stick with it?
Mr. Curtis: No, I did not. I stayed with it all the
way through, Mr. Minister of defence — stayed with it all the
way through.
Mr. Phillips: We're not quitters like you are.
Mr. Speaker: Order! Order!
Mr. Curtis: Then there are just two more newspaper
stories which I would like to refer to in
[ Page 4643 ]
the opening part of these remarks.
This is the Colonist for Saturday, September 28: "Property
Tax Overhaul Heads for Chaos." This was after Mr. Wright, the
assessment commissioner, appeared before the committee on the
day previous. The subhead is: "Wright Drops Shocker, Urges
Remedy Policy This Fall or Delay in 1975 Full Value Yardstick."
That was the Colonist.
However, on the evening of September 28, the Times in
Victoria carried a headline: "Eased Home Tax Predicted by
1975." It goes through a number of points, but later in the
story it refers to the MLA for Delta (Mr. Liden), the chairman
of the committee, and it said:
"Mr. Liden today expressed surprise that Wright" — that is
Mr. Wright of the assessment authority — "had narrowed the
viable option down to one: the setting of a lower mill rate for
residential property.
"The committee respects Mr. Wright's judgment, and will give
it every consideration, but it is premature to state what the
committee's decision might be. However, we cannot go into 1975
with the status quo."
He said: "The committee will be recommending tax changes to
the Premier in November, and he was confident the government
would take speedy action."
The final quote:
"It might be an interim report, but it will recommend
changes to ease the burden on the homeowner."
An Hon. Member: Where are they'!
Interjections.
Mr. Curtis: Mr. Speaker, in spite of the fun back and
forth, assessment and property taxation matters are admittedly
most complicated. It was necessary, in our view, for the
government to "bite the bullet." In all probability, as I said
earlier, some Members of this House would have supported the
government in a move towards completion of the job in biting
the bullet and pushing ahead with the kinds of decisions which
were clearly necessary to overcome the inequities and the
unhappiness which became clearly evident to all committee
members during the course of our hearings from September until
very late in October.
Now, Mr. Finance Minister (Hon. Mr. Barrett) as you get
ready to leave for China, I hope you recognize the reality of
the situation.
Hon. Mr. Barrett: Will you tell me that you will be
in the same party when I get back?
Mr. Curtis: I'll be here.
I hope you realize the reality of the situation. Mr.
Speaker, a return to the 1974 assessment levels is not a safe
harbour, the safe haven for the government that it may think it
is. It is not what is required urgently by the people who
experienced very drastic and dramatic property tax increases in
1974 over 1973. This is no shelter for the government.
Briefs presented to the committee this fall, as background I
would outline for you, Mr. Speaker, fell mainly into three
categories: representation from various organizations,
including the UBCM, the B.C. Federation of Agriculture, B.C.
School Trustees Association, principal cities, district
municipalities, a few regional districts, chambers of commerce,
boards of trade and citizens groups. In the second category
were presentations which I think we could call academic. They
were dealing with the fundamental philosophy of property
taxation: the need for tax reform; how property tax could be
improved in British Columbia; what is wrong with the present
system as employed not only in B.C. but in other jurisdictions
as well.
But thirdly, we heard from a variety of individuals who
brought to the committee in hearings specific complaints based
on their 1974 assessments and resultant property tax bills —
the assessments which led to higher taxes in their cases.
Each member of the committee has copies of that material,
distributed through the office of the chairman, the Hon. Member
for Delta (Mr. Liden), and I believe that this House in
debating this bill should be aware of the type of complaint
which we heard; not from category 1 or category 2 but rather
from the individuals — the men and women who appeared before
the committee to cite their specific examples. The House should
hear these in order to fully appreciate the fact that passage
of this assessment amendment bill will extend those inequities
into 1975 at least.
In fact, the statement by the Finance Minister, which was
released to the press on November 4, makes it very clear that
it's quite possible these same inequities will be extended
beyond 1975, into 1976 and beyond.
The statement, I believe, was that clear, full-value
assessment will be "delayed indefinitely." So as a result, Mr.
Speaker, these difficulties will remain with us until bold
remedial action is finally taken.
So here are some of the injustices which will continue next
year due to the government's change of attitude.
An Hon. Member: When will you call an election?
Hon. Mr. Barrett: Any time you're ready.
Mr. Curtis: Any time.
[ Page 4644 ]
Again, Mr. Speaker, these are selected from copies that have
been available to each member of the committee. This one is
from the Lasqueti Community Association, Lasqueti Island, dated
August 16:
"Lasqueti Island has been fighting vigorously to keep its
rural atmosphere and to stop too much development. The Islands
Trust appears to agree with the uniqueness of Lasqueti and the
aims of the islanders.
"However, the present provincial tax policy seems to be in
direct opposition to such goals. Wild or undeveloped land is
now taxed at a higher rate than residential or improved land.
Tax increases due to increased valuation have been
phenomenal.
"As a direct result of such policies, many landowners who
would prefer to keep their land undeveloped are beginning to
fear that they can no longer afford to do this. Therefore, they
must develop or sell in order to pay taxes.
"On the one hand, the government is opposed to developing
Lasqueti in the same manner as other Gulf Islands. On the other
hand, the present tax policy is forcing such development. This
is particularly true of landowners whose property consists of
separate parcels. They are taxed as improved land only on the
piece on which their house is built, but other contiguous
property is taxed at the higher wildland rate.
"We realize that such policies were intended to discourage
holding land for speculation or investment but it also forces
more and more land to be developed."
The Lasqueti Island Community Association.
Now here is one of the big corporations — the massive
international conglomerates to which the Premier alluded in his
few minutes just before the supper hour adjournment. This is a
major firm, Mr. Speaker, probably one of the largest in British
Columbia. How many, many millions of dollars would they turn
over in a year? — it's Wing's Market of 3912 Cedar Drive, Port
Coquitlam.
Some Hon. Members: Oh, oh!
An Hon. Member: A real multinational.
Mr. Curtis: And it is signed by Chung F. Wing:
"Dear Sir,
"I started a retail grocery business in 1972 at the above
address. It is one store plus living quarters. In 1973 my
property tax was $1,273.80, provincial homeowner grant
reduction was $200; net taxes came to $1,073.80.
"This year my taxes come to $2,361.14. The provincial homeowner
grant deduction is $240; net taxes $2121.14, plus water, sewer and licence.
The total comes to $2,400 for this year.
"I would like to pay my share of taxes, but I cannot afford
to pay over 100 per cent increase within a year.
"Retail grocery stores are open 12 to 14 hours every day and
make little profit. I have monthly payments to make, high
overhead, plus four children to support. If taxes don't
decrease I don't think I will be able to operate my business
for any long period."
A major corporation.
Interjections.
Mr. Curtis: Yes, it is.
An Hon. Member: Right in the Premier's own
constituency.
Mr. Curtis: Mr. Speaker, there are other categories;
we will come back to some other small businessmen a little
later. This is the Richmond Pacific 5 Branch of the Royal
Canadian Legion — again addressed to the chairman, the Member
for Delta, of the select standing committee:
"I am writing to you on behalf of 2,000 members of this
Royal Canadian Legion Branch No. 5, with respect to our
assessment, the assessment of our club located at the above
address, in hopes you may be able to help us in this
matter.
"Our taxes in 1972 were $9,699. In 1973 they were $14,104
and in 1974 — $20,243.82." The letter goes on:
"There is no way we can pay these kind of taxes and carry on
with the benevolent work we do. I would say we have helped some
5,000 children in Richmond this past year by sports, Scouts,
Girl Guides, scholarships, bursaries, youth training plans,
UBC, track, and field, vocational schools, crippled children;
donations to the Richmond hamper, Salvation Army. Shaughnessy
and George Darby Hospitals. Over and above all this, we send
our senior citizens to summer camps each year.
"Our main project at the present time is our senior citizen
housing, with over 100 units in Richmond with help from both
the federal and provincial governments.
" I could go on, but what I have mentioned will give you
some idea of the work and help, plus the finances that we do. I
can assure you that there will be no way we can carry on with
the above."
[ Page 4645 ]
"We have managed to pay the taxes for 1974; however, there
is no way we can meet them next year unless we forgo our
benevolent work donations. I know there will be many
disappointed children and organizations that have been
depending on us for the past few years for our help. These
children will be running the streets as there will be no one to
sponsor them. This means more police work, and many other
problems.
"We realize there have to be taxes, but why on non-profit
organizations such as ours? At least the mill rate could be
reduced in all service clubs. Yours truly, the Royal Canadian
Legion, Richmond Branch."
Mr. J.R. Chabot (Columbia River): Callous
government.
Mr. Curtis: There's another one from the Royal
Canadian Legion, Branch 113 in Ashcroft, Mr. Speaker. This is
also addressed to the chairman of the committee, August 3:
"The executive committee of the Legion, Ashcroft Branch,
instructed me to request an opportunity for the principal
officers to appear before your committee to express the concern
of the branch regarding the very large increase in the 1974
property and school taxes. For last year, the municipal and
school taxes amounted to $882.70, and for 1974, we are
requested to pay $1,507.51 — an increase of $624.81. This is a
severe financial blow to this branch. We are a non-profit
organization and have had to struggle to keep our heads above
water. In spite of the assessed value increases this year, it
is noted that the municipality increased the mill rate by
approximately 2 mills while the school mill rate was lowered by
only 1 mill. The Legion building is located on lot 12, and
their adjoining lot 11 provides off-street parking, et
cetera."
Taxes in Ashcroft then for a non-profit building: $ 882 in
1973, and $1,507.00 in 1974. This is another major corporation.
These are the kind of individuals who appeared before the
committee and made it very clear that they don't consider 1974
assessment base, as set out in the assessment amendment Act, to
be of any great assistance.
Here's one from South Pender Island, from A.C. Brooks:
"In presenting you with the following comments on the above
subject, let me emphasize that I am aware of present-day trends governing B.C.
land values and cost of public services, particularly as they apply to the Gulf
Islands. I have no complaint concerning the 1974 increases in assessed values
of lands and property. I am aware of the recent tremendous increase in the cost
of public services. I consider, until 1973, the property taxes we have paid
in recent years, even if we are to ignore homeowner grants — which, incidentally,
I think to be nonsensical except for those property owners who are on welfare
or old-age pensioners — are extremely low.
"I own two parcels of land on South Pender Island. One of
these — three unimproved waterfront lots, 10 acres in all on
Gowland Point — has been in my possession since 1950. The other
154 acres in the centre of the Island was purchased by my
mother in 1949. On the corner of the latter, I built my home in
1964. For 1973, the taxes on the Gowland Point property were
just over $200. For 1974, they rocketed to $606. This I
consider to be an exorbitant and unjustified rise, and I'm left
with no other option than to sell out in the next year or two.
I should like to sell it to a private buyer at the current
inflated real estate prices. This would in turn possibly mean
not only would the taxes increase for the new owners, but so
would those on neighbouring lots which are currently owned
mostly by people with only modest means.
"Let me point out I have kept this Gowland Point property
literally as a private park. It is unposted; both strangers and
neighbours use it for recreation, and one neighbour pastures
ponies on it. This past summer, I estimate between 300 and 400
people have used the land for recreational purposes —
waterfront with hinterland open to the public. Let me mention
it is at a premium on these islands.
"At least once or twice a week my family and I visit this
land to stroll and observe marine life. The 1974 taxes for my
154 acres in the centre of the island were $941. This is more
than double what they were for the previous year. My home cost
me about $16,000 to build, ignoring the many hours of work I've
spent improving this land. I spent approximately $1,500
improving the environs about the house. The remaining 150 acres
I've left wild and unfenced.
"Twenty-five years ago this land was logged over
drastically. The scars of the logging have healed, and while
there is a fair amount of marketable timber still standing, I
am adverse — unless I could have strict selective logging which
I believe is uneconomic and unprocurable in this day and age —
to harvest this timber, as it represents a relic of the mature
woodland that once covered these islands. As a conservationist,
I wish to preserve this land as it is."
Another example, Mr. Speaker, of the many
[ Page 4646 ]
presentations made to the committee earlier this fall, where
the owners say quite simply: "We happen to own several acres, a
large number of acres of wild land, and we cannot hold on to
the land. We shall have to sell it to speculators or to those
who can afford to wait." Here is another one from Galiano
Island. This is a Mr. Stephen Enke:
"The following statement indicates perhaps that private
ownership of undeveloped wild land may be socially desirable
and therefore should not be diminished by punitive taxation
based on the belief that such owners are hoarders and
speculators. In my case, I own 80 acres on the north side of
Active Pass and five acres on the north side of Sturdies, Bay,
both on Galiano Island. The reason I have not developed the 80
acres on Active Pass is that I wish to conserve the virgin
timber and natural state of this property. The adjoining
bluffs, immediately to the west, were given by my parents to
the Galiano Association — a property that is now called Bluffs
Park — and located there is a small memorial to my parents.
Like them, I wish to prevent the north shore of Active Pass
from being spoiled through logging or clearings for numerous
homes. Accordingly, I have held this property as undeveloped
land and paid taxes on it for many years.
"My taxes this year tripled. My ownership means paying taxes
to educate children I have never seen, and to preserve
beautiful scenery for people going through Active Pass on the
ferries. I would be more than happy for the province to
purchase this property at a fair price, combine it with Bluffs
Park, and thereby form an adequately-protected provincial park.
The point is that I am not holding this land to make a
financial killing — quite the opposite. I have no way of
realizing money from this property, except through a sale or
development that would impair the beauty of a shoreline that
several thousand people see daily.
"The five acres on Sturdies Bay are not now developed,
although I did drill a well there last year, because it makes
no sense for me to build a retirement home there until I retire
in two years' time. The point is visited by many people staying
at Galiano Lodge, or waiting for the ferry. Given the sort of
people who come over from Vancouver to Galiano and camp around
and about, an empty home with furniture would invite vandalism.
There is no one on Galiano with police authority, even as a
deputy, to make trespassers move on. Our taxes really buy us no
police or fire protection.
"These two properties have been in my family for over 60
years, and I acquired them at a fair price from my father shortly after World
War II. When I die or sell these properties, there will be a capital gains tax.
Meanwhile, these parcels of undeveloped land occasion no expensive government
services which, last, should surely be financed from taxes on structures and
improvements rather than on wilderness land."
So the man has attempted to hold his property on Galiano
Island as an attractive part of British Columbia, and his taxes
this year tripled.
We're back to Port Coquitlam. I don't recall, in going
through all the correspondence, singling out that particular
part of British Columbia. This is from 1221 Pitt River Road,
addressed to the chairman — amendments to the Tax Equalization
Act, unoccupied land:
"The Premier has stated that 13 per cent of the people
affected by this Act are actually innocent victims of the Act
and therefore are unjustly taxed. If this is so, and if such
land was purchased, and is presently held for the sole use of
the owner and not for the purpose of selling or subdividing,
then a way must be found to correct this injustice of
skyrocketing taxes.
"I would like to deal specifically with one parcel of land
located in Surrey — eight acres purchased in 1945. Improvements
at that time included a small house and barn; the taxes were
$14. A few years ago, one acre was subdivided from the original
eight, and was registered in the owner's wife's name. This
action was taken strictly as a family security measure in the
event that something may or could happen to the husband. There
was never any intention of selling this, or any other part of
the property.
"Here are the figures showing tax payments since 1970: 1970,
eight acres, $86.98; 1972, the one acre, $107.55, the seven
acres, $449.97; and in 1974, the one acre parcel had risen from
$119.27 in 1972 to $353.30, while the seven acres had gone up
to $474.67.
"As shown, the taxes of the seven-acre parcel are somewhat
stabilized and, though high, may be acceptable. There is,
however, no justification whatsoever for the unreasonable
increase on the one acre of unoccupied land. The total taxes
this year, $827.67, have become such a burden to the owners
that they will have no choice but to sell part or all of this
land. If this happens, the land will become just another chess
piece in the hands of speculators for the sole purpose of
profiteering." The letter continues:
"I ask you, is this justice? Is this part of the platform
on which this government was elected? Having some knowledge of the socialist
principles regarding land ownership, I
[ Page
4647 ]
nevertheless maintain that this land was legally purchased and
that taxes have been paid yearly, according to demand. Therefore the owners
of such land are fully entitled to own land and use what is rightfully theirs
without being forced to sell because of unreasonable taxes. If this government
wants this land, or if it for any reason wants the present owners removed from
or deprived of the use of this land, then they, the government, should say so
and should not by any devious means of taxation force the owners to part with
what is legally theirs.
"If there is a way to enact laws such as this, and obviously
there is, then there must also be a way of correcting
injustices created by such laws. I hope you will find a way to
resolve this problem."
The thread running through so many of these letters, Mr.
Speaker, as you will have gathered thus far, is: "We will have
no choice but to sell; we cannot hold on to the land." And who
will buy? Well, probably, perhaps, the government may buy and,
in some instances, the government would be well advised to
purchase this land — not through punitive taxation but through
direct negotiation, negotiation with the owners. That's the way
to add to the parkland and greenbelt which this province
requires. This one is from North Vancouver:
"Dear Sir, Recently we heard Premier Barrett on the radio. He mentioned
your name and also that you are on the committee to do with
retirement homes, small homes that people have worked for all
their lives. If this is so, I hope you can help us with some
information — as we hear rumours that no one seems to know too
much about — how the government can aid us at this time.
"I retire as a bus driver from Hydro in the next year; I am
59 years old. We have a 75-ft. lot on Quadra Island where we
have built ourselves a small cabin, and when I say we built it,
I mean just that. My wife and I have hauled beams off the
beach, cut our own cedar shakes, mixed our cement by hand, and
the two of us have accomplished a great deal with sweat and a
few tears, but mostly joy.
"We have been told that our taxes will be so high that we
will be tossed off our property, and this concerns us. We are
starting to build on to the cabin or start a little larger
place to retire to next year. We do want to know what is the
best thing for us to do.
"We own two lots, waterfront lots 21 and 22, together 150
feet, and 140 feet deep. A road cuts across the back of our property. Would
it be any advantage to us to join the two lots and have it turned into just
one tax instead of two separate lots?
"Are there any grants for people like us who are trying to
build ourselves a nice, comfortable home to enjoy for our later
years? Does the home acquisition grant apply to us? Would it
pay us to defer taxes? Please let us know if there is any way
in which there is some help. We don't want to lose the property
because of higher taxes.
"We plan on having our own vegetable garden, cut our wood
from the beach and try to be as self-sufficient as possible. We
hope you can give us some information on our problem. We see a
retirement home going out to sea or down the drain."
Down the drain. This as a result of what happened in
assessments and what is intended now to happen again in
This one is from White Rock:
"Enclosed are photocopies of items I've received concerning
lease property that I have at Young Lake, which is 34 miles
east of 70 Mile House in the Cariboo. This property can only be
reached by driving 24 miles on dirt road. We're at an elevation
of 3,050 feet, have no electricity, water or other services.
Due to climatic conditions, distance from White Rock and the
fact that no working man gets more than one to two months a
year holiday, the maximum use we can get at the lake is about
two months per year.
"I feel that the raise of over 400 per cent in our lease
rental is exorbitant, when one hears that other rental
increases…."
Hon. Mr. Barrett: Is that leased property?
Mr. Curtis: This is leased property. Well, I haven't
finished the letter.
An Hon. Member: Where's your 10.6 per cent increase
on leased property, eh?
Mr. Curtis: Okay, I've got many more. If it disturbs
you….
Interjections.
Mr. Speaker: Order, please!
Mr. Curtis: The Minister of Finance may have a
point.
Mr. Speaker: I really think that we should deal with
matters of assessed value in relation to fee simple
property.
Mr. Curtis: The point is well taken. Thank you,
[ Page 4648 ]
Mr. Speaker.
Mr. Speaker: I'm sure the Hon. Member recognizes
that.
Interjections.
Mr. Curtis: This one is from…. Well, someone from
the left here, Mr. Speaker, said: "It's better than reading
letters." We received hundreds of letters, Mr. Member, as the
committee well knows, hundreds of letters from individuals who
are extremely unhappy with the situation in which they find
themselves. I have tried to select just a few which are
representative of those which came before the committee, or
which were made available to the committee. This one is
addressed to the lady Member for Vancouver-Burrard (Ms. Brown)
as a member of the committee, I assume:
"I'm writing this to protest and also to ask your help in
correcting this unjust and iniquitous property tax which I am
compelled to pay on my recreational lot on Gabriola Island.
Since purchasing this property, I have paid more taxes than
others with similar property on the island, but I have never
complained until now.
"On receipt of my assessment notice, I lodged an appeal, but
because the appeal hearing was to be held in Nanaimo on a
weekday, it placed too great a financial burden on me, and
therefore I could not appear.
"When we elected the NDP to office, I felt that at last we
had a people-oriented government, one that would protect the
interest of the little man. On the introduction of the land
Act, I was sure that my tax assessment would be more realistic.
Instead, my taxes have been doubled, while again similar
properties are paying less than 1. My neighbour has been
charged $28 less on an empty lot like mine and $36 less on
another lot next to mine on which there is also a cabin. How
can this be so?"
Then it goes on to deal with the land Act, and once again
there is the thread through here;
"With this lot in question I was hoping to put up a cabin so
that when I retire I will have a place to enjoy some peace and
tranquility, but with taxes such as this, I shall have no
alternative but to sell."
And the Xerox copies of the tax notices were enclosed.
The Terrace Ratepayers' Association:
" In July of 1974 the taxpayers of Terrace formed a ratepayers'
association. Many people were upset with the method of assessment and the high
increase of taxes. A committee was formed to submit a brief to the Select Standing
Committee on Municipal Matters in your review of real property taxation. The
following are some of our views on how this area could be improved:
1. Equalization of assessment rates. Bill 71 is not fair to
the public. We feel that all assessments should be made at the
same rate regardless of zoning. With business and industry
being assessed at a higher rate than residential we see two
things happening: either the extra tax load will be passed on
to the consumer, or the businesses will be forced to close
their doors. We feel that neither of the above was intended by
the Legislature.
2. The vacant land Act should be amended or rescinded. This
act penalizes many people who own two adjacent lots using the
same for one purpose, i.e. (1) home and garden, (2) business
and parking lot. We feel that land in this category should be
assessed as one parcel of land, not as an occupied lot and a
vacant lot." We'll have other examples of this, Mr. Speaker,
I'm sure.
" In the case of other vacant land extra taxes will once
again be passed on to the purchaser, leaving the burden of
taxes on the consumer once again.
3. Assessment on rezoned property. This association feels
that rezoned land should not be reassessed until such time as
the rezoned property is used for the rezoned purpose.
4. Unorganized and organized areas. The people in Terrace
pay very high taxes providing such services as schools,
hospitals and recreation centres. The people in Thornhill
unorganized residential area have a much lower tax base and yet
are using the services of Terrace. We would like to see this
tax base equalized.
5. Municipal powers: this association feels that the
assessment method should be the same for the whole province.
The provincial government should have some control over
municipal zoning and subdividing or, at least, the taxpayer
should have a chance to appeal to the provincial
government.
"We feel the present method of taxation penalizes taxpayers
who make improvements on their property. We hope the government
will look into this problem to find a solution that will reward
rather than penalize these taxpayers."
This one was written for Miguel Aguirre of Graham Avenue in
Terrace:
"In response to the above notice," - that is the
notice of public hearing by the committee
[ Page 4649 ]
- "We should like to advise that on our 50 acres of agricultural
land, used for potato crops, our taxes went up by $2,451 since 1973.
"This property has always been used for the growing of
potatoes, and still is. We find it hard to understand why our
taxes should have gone up so drastically. We realize that all
costs have gone up over the past year, but certainly not by a
margin of 319 per cent.
"We should appreciate any help you can give us in order to
bring these taxes down to a more realistic level, also, if
possible, to have any such reduction, if obtained, made
retroactive for 1974 taxes."
Well, here's the B.C. Federation of Labour, Mr. Speaker,
again for the chairman and the committee:
"The B.C. Federation of Labour is pleased the government of
British Columbia is reviewing real property taxation, and is
pleased to take this opportunity to state briefly our views on
the subject.
"There can be little doubt that the present municipal tax
structures place an unfair burden of taxation on those
taxpayers in the middle and lower income scales. This results
from the fact that the present tax structure ignores entirely
the principle of ability to pay.
"We hope the government shares our view that this kind of
regressive tax structure is undesirable and should be reformed.
Any measures taken by this government to alleviate this
situation would naturally, therefore, enjoy the support of our
federation.
"Specifically, we propose that the government transfer the
primary burden of taxation from owner-occupied residential
property and farm property to income-generating properties. We
propose that corporate-held property be taxed at generally
higher rates than at present, and that land held for
speculative purposes be subject to a new, anti-inflationary
excessive profits tax.
"The government has, in reviewing real property taxation in
B.C., an opportunity to help dampen the fires of inflation by
acting to make land speculation one of the chief factors in
rising housing costs less profitable, and therefore less
widespread. We hope the government will move decisively in this
area."
Mr. Speaker, I think members of the committee will
recall this case. This was a lady who appeared before the
committee in Victoria, although she owns property in the
Cowichan Lake district, and the letter was written from
Vancouver. The lady broke down in tears during her appearance,
and the letter concerns lots 11 and 12, block 78-1790 Cowichan
Lake.
"Attached herewith are our tax receipts for the above-mentioned
lots reflecting the unreasonable escalation in the past two years. I bought
this piece of property because we are hoping to retire there and have a small
shack there. My husband and I are ready to settle there but now find that it
will cost us approximately $85 a month for this privilege.
"Considering that there are no services, lighting or water,
and no fire protection, in that the road is non-existent, I
herewith wish to apply for a reassessment.
"If the purpose of this assessment is to get us to sell to
some promoter, then you are going about it the right way.
'Yours very truly,' — signed — Mrs. John MacKay."
"If the purpose of this assessment is to get us to sell to some promoter, then
you are going about it the right way," and this is the 1974 assessment formula
which is to be extended into 1975. This is another letter from Vancouver regarding
property in Langley:
"I own 3.54 acres there. When these two lots, 1 and 2,
belonged to my dad for the past 60 years, the taxes on these
two lots, which were taxed as one, were approximately $175 to $190 a year.
"After my dad's and mother's death it was left to my brother
and myself, then we had it transferred — lot 2 into his name
and lot 1 into my name. By doing this the taxes in 1971 were
$143 which made an increase in taxes more than 25 or 30 per
cent.
"With your land equalization Act, the assessment was
increased 2.5 times, which increased my taxes to $475.22.
"Your land equalization Act is a good thing in many ways,
but it certainly is not fair or equal under this Act. For one
thing, I cannot class it as a farm because it is under five
acres. I cannot subdivide because Langley will not let anyone
subdivide under five acres. No relief from taxation because I
can't put four cattle over one year old on it, plus one acre
with residence for farm classification. Also it is under the
greenbelt area. It is too small to farm to make a living on it;
I cannot subdivide or put it to commercial use. The only thing
I can do with it is build a house on it for myself. You tell me
what I can do with it under those conditions and these higher
taxes."
And the end of the letter:
"If you don't do something about Bill 71 in the near future
you sure will lose a large volume of votes in the next
election. With a new government in, it will probably change
this for the smaller landowner, so you people might as well do
something about it very soon."
Earlier we talked about the Royal Canadian
[ Page 4650 ]
Legion, and this is another non-profit organization
represented before the committee by Mrs. F.J. Willavoys, who
lives at 1060 San Marino Crescent, in the greater Victoria
area:
"On behalf of the Victoria United
Chapter Society I
respectfully request that a grant be made in lieu of taxes on
lot 1,
section 8 1, Victoria district plan 20961.
"Our society consists of the members of four chapters of the
Order of the Eastern Star. For many years our meetings were
held in the Knights of Pythias hall, Cormorant Street,
Victoria. Upon demolition of this hall, we were forced to seek
other facilities. Having foreseen the possibility of this
happening we banded together in 1959 to make every effort to
obtain our own building.
"On November 27, 1961, we were duly incorporated under the
title of the Victoria
Chapter Society. Through the means of
teas, bazaars, luncheons, dinners, fashion shows, rummage sales
and personal donations, we were, in May, 1973, able to acquire
a building known as 3281 Harriet Road, Saanich, which was owned
by the Parkdale Free Evangelical Church. The taxes at that time
were $71.20." And the letter goes on to outline the programmes
which are undertaken by this organization of ladies — scholastic
contributions, cancer research, cancer dressing stations, the
Irma Boyce Library, Save the Children Fund, and so on. Good
works within the province and outside.
"The building is used four times a month by the
International Order of Job's Daughters, girls aged from 14 to
20 years. We keep the rental charge at $7.50."
As stated above, Mr. Speaker, the taxes on the building at
the time of purchase, that was in 1973, were $71.21. This year
they were $1,016.12. That is $71 to $1,016. The letter
concludes:
"We do not feel that our membership can cope with heavy
taxation without curtailing our contributions to the named
projects and to the detriment of those members 65 years of age
and over, to our young people, and still play a part within our
community."
Mr. Speaker, in case it is thought that I am misleading the
House, I am reading from a copy of a letter which was actually
addressed to the greater Victoria municipality with respect to
a grant, as the letter stated at the outset. A similar letter
was presented before the committee, and when the
representative, Mrs. Willavoys, appeared, she made it clear
that the tax increase was as has been stated. But I would not
want to leave the impression that I was actually reading from
the letter which went to the committee.
1061 East 57th Ave., Vancouver — this is to the Surveyor of Taxes, Parliament
Buildings, Victoria, with reference to the assessment district Vernon, lots
29, 30 and 31; district lot 3945, plan 7720:
"We are but working people, raising five children and trying
to look ahead to retirement. This piece of property" — that is,
in the Vernon area — "was purchased recently so that in 1972
taxes were $174.23. The 1973 taxes were $182.40, and now for
1974, taxes are $414.01.
"Seeing as I am a housewife, how is one to be able to pay
taxes of this sort out of one's income? This is a formal
application for a reduction. "
A direct result of assessment increases on vacant land —
from $174 in 1972 to $414 in 1974.
I won't read the rest of the letter because it deals,
really, with the fact that this lady encountered the assessor,
had some comments to make and received some in return.
Let me use as a microcosm my immediate neighbourhood. This
letter is from 46 West King Edward Avenue, addressed again to
the chairman of the committee, from Mrs. W. Milbourne:
"My neighbourhood is made up of people who have lived here
for 15, 24 and 34 years — working class or small business people
- who bought their homes at a cost of $3,000 to $15,000, with
lot costs being $400.
"We are not moving types, being neither speculators nor
opportunists wanting to cash in on high market prices. We have
seen two money-grabbing types sell for cash at prices of
$68,000 to $80,000.
"Why should we, who are mostly all at retirement age on
fixed incomes, have to pay taxes on this inflated market value?
This injustice is also reflected in the rise of natural gas,
electricity, salaries and services. When will it all stop?
Will we be taxed out of existence, or will someone finally
realize the stupidity of basing taxation on inflated, usurious
times?"
The Malaspina Ratepayers Association in Powell River — their
submission undated, but received fairly recently:
"The Malaspina Ratepayers Association hereby responds to
your request for a submission on real property taxation.
"These opinions as gathered from the directors of the
ratepayers are diverse, but representative of the general
feeling.
"A landowner holding his land for future generations, and
not for development, should have some form of tax concession.
The conservation plan for leaving the land to the benefit of
wilderness would be sworn to by affidavit. If at some later
time subdivision was done, the landowner would be retroactively
penalized for the full amount.
[ Page 4651 ]
"If assessments are raised to market value, the mill rate
should be reduced on a formula basis. School taxes should be
raised through means other than against real property.
"Existing taxation levied against industry, tree farms and
forest reserves should be thoroughly reviewed.
"An owner making home improvements should not be penalized
by increased taxes. However, if the improved property is sold,
the new owner would pay on the basis of the assessed value.
"As we and the Powell River regional district believe in a
slow-growth policy, owners of unused land must not be
penalized."
This one was addressed to me, Mr. Speaker, but it went to
the committee, I believe. 1650 Allison Road, Vancouver:
"This is with reference to the assessment increase on my
Saturna Island property. I wish to thank you for the
information about the general mill rate; also the copy of the
legislative committee report on assessment procedures.
"Unlike most municipalities which set the mill rate after
determining budget requirements, the provincial government has
declined to reduce the general mill rate on Saturna Island" —
and incidentally, throughout the province in unorganized areas
- "and has increased the public schools mill rate.
Consequently, my tax bill on this unimproved lot has increased
from $40.99 in 1973 to $137.84 in 1974, a jump of 236 per cent.
Copies of my tax notice are attached.
"If the government intends to assess unoccupied residential
property on a different basis than occupied property, it does
result in an unequal tax burden which should be investigated by
the standing committee. In cases such as mine, the government
could specify a period of time in which to improve the
property, and later grant a rebate of the higher tax paid due
to the unimproved status of the land to that date.
"However, this problem could be avoided if all residential
lots were assessed on the same basis, regardless of
occupancy."
That was from Mr. E.R. Boyce.
This letter was from 3013 Heather Street, Vancouver:
"We are writing to you with regard to the recent increase in
the assessment of a piece of property which we own on the
Saanich peninsula as a result of legislation enacted by the NDP
government. We feel this increase is unjustified and
unwarranted, and that some attempt should be made to rectify
the situation.
"We purchased the property in June, 1973, after a lengthy
search, with the intention of building a permanent home on it.
It is 3.7 acres in size and lies at the north junction of West
Saanich Road and Old West Road. It is very rocky, and thus
unsuitable for cultivation. At present there are no
improvements on it. It is good for nothing more than
single-family dwelling residential use because of the
topography and the five-acre minimum subdivision."
And this is moving down in the letter, after indicating that
there was 150 per cent increase in the assessment and,
presumably, also their taxes:
"Further, because of the tax increases, we are tempted to
sell our property and make as high a profit as possible in
doing so. Surely this was not the intent of the legislation.
Again, perhaps we should sell the property."
Now, Mr. Speaker, may we move on to some small business
firms — I had a couple at the start. Thank you for your
patience as I quote these examples.
This is from Olympic Motors Ltd., Campbell River, dated July
24 of this year, and signed by L.R. Guidi:
- In response to your advertisement in the press, we submit
the following views regarding the increase in the taxation
leveled on small business.
"As an example, our taxation for 1973 was $1,388 against
$4,616 for 1974, which represents an increase of 200 per cent
over the 1973 figures."
An Hon. Member: How much?
Mr. Curtis: It was $1,388.37 in 1973 and $4,616.02
this year. Then it sets out who owns the property and the
respective increases which were summarized there:
"In all, a total decrease in working capital as a result of
increased property taxation totaling $4,959.51. Surely this is
just a little hard to swallow, never mind for marginal business
like ourselves, but for anyone in right mind.
"Our position is simply, what with overhead and labour and
the cost of doing business as it applies in this day and age,
one cannot surely accept many increases such as this unfair tax
increase without firstly becoming very annoyed, and secondly,
selling his business and becoming a recluse.
"We believe that many marginal concerns would and have been
affected and swayed by this extremely high increase in taxation
as it relates to property used for business."
There's the answer from a small firm in Campbell River.
[ Page 4652 ]
This one is from Al Nichol of Allington Street in Duncan,
quoting in part….
Interjection.
Mr. Curtis: I'm sorry the letters tire you but
Interjection.
Mr. Curtis: Mr. Speaker, through you, a number of
people saw fit to send these letters to the committee….
Mr. Speaker: Well, may I point out to the Hon. Member
that the purpose of debate in second reading is to really
establish the basic principle or position that you wish to take
on the handling of a particular problem before the house
Interjection.
Mr. Speaker: Order, please…and not really
Interjection.
Mr. Speaker: Order, please!
There is no such message as the Hon. Member is inferring,
and no way would I accept messages of that sort from
anyone.
If anyone has any complaints about procedure, you make them
openly in this House, so far as I'm concerned. And then we'll
discuss it between us.
On this question, though, you are apparently relating all
the evidence that occurred before committee.
Mr. Curtis: Not all of it, by any means.
Mr. Speaker: Well, you're certainly relating a lot of
it.
The question really is how you relate what you are saying to
the general principles of a bill, and coming down to some
summation of position so we know exactly what the debate is
about.
As I see it now, we're hearing about the plights of
individuals, and that has been going on steadily for about
three-quarters of an hour.
Interjections.
Mr. Speaker: It may well do. But the question one
must address himself to, as I see it, with respect, is what
position the Members take on the general principle of the bill,
either for or against, or in between or anywhere.
Mr. Curtis: Thank you, Mr. Speaker, for the
observation, and I will cut short the reading of letters.
But you did make, I think, my point very well, that these
are letters from individuals who are very upset and unhappy
about assessment increases in 1974.
Mr. Speaker: I gathered that.
Mr. Curtis: With respect to the unidentified Member
who said "tedious" — yes, the business of serving people is
tedious, but we have many, many unhappy citizens in this
province, and if it's tedious to deal with them, then that is
unfortunately.
I will ask your indulgence, Mr. Speaker, because the next
letter — and I won't read all of it — I think, highlights the
kind of problem which is encountered in small business.
This one comes from Miracle Beach Resort, Black Creek,
Vancouver Island:
"On behalf of a number of upper Vancouver Island resort
owners" — and there are some 25 or 30 resorts listed.
"The effects of assessment equalization tax…since our
summer resorts have an average business season of 67 days at
100 per cent occupancy, we cannot possibly absorb the expected
tax increases represented by the intent of Bill 71. The vast
majority of resort owners, because of their short season, live
at a marginal level of profitability.
"We will be forced to increase our rates to tourists by
proportional amounts, or sell our properties to real estate
investors, which will result in much of our province's
recreational land becoming the private property of a few
individuals."
Is this — departing from the letter — what the government
sought, Mr. Speaker, with this change and change about in
assessment legislation? Then it goes on to point out that many
of the clients are British Columbians who, for one reason or
another, cannot or do not travel further afield for their
holidays and that this is a major industry.
I'm sure that members of the committee will recall, as I do,
the marginal profitability in the resource business which was
set out in four examples: No. 1, a net profit for the year of
$800; No. 2, a net loss for the year of $300; No. 3, a net loss
of $ 1,000, and resort No. 4 broke even — no profit or loss to
report. But the case was very well made by those upper
Vancouver Island resort owners that increased assessments,
which the Premier told us before dinner this evening were
certainly going to get the big fish, had caught many little
fish at the same time.
Anchor Bay Marina, Port Alberni, was another example, but I
will pass on to make a few more observations. Hopefully other
Members who participate will find it possible, Mr. Speaker, to
refer to the type of letter which I've documented over the past
few minutes.
[ Page 4653 ]
We even received one from the Lochiel NDP Club in Langley
which said in part:
"We assumed that the ugly legacies inherited from the simplicity of Bill 71 will be examined thoroughly
and that a number of humane amendments will be recommended in
your report to the provincial Legislature. Our club recommends
that provision be made for a tax credit, not rebate, to those
who have been overtaxed in 1974."
Well now, Mr. Speaker, in deference to your remarks earlier,
those are just a few of the difficulties which face this
government, face this Legislature and face also the assessment
authority, municipal and provincial tax collectors. I can see
nothing in the bill which indicates that the government is
geared to cope with correcting these injustices and hardships
to which the committee referred, and to which I've referred in
the past few minutes.
Again, the statement released by the Minister of Finance
(Hon. Mr. Barrett) — prepared by perhaps Mr. McNelly, I don't
know — read in opening second reading debate late this
afternoon, made no reference as to how the assessment
commissioner is to "reduce assessments on properties where it
can be shown that disparities exist." In the absence of
full-value assessment and a basic formula for taxing various
classes of property, that job, Mr. Speaker, will require a task
force all on its own.
I have to point out, through you, Mr. Speaker, to the
Minister of Finance, in case he isn't aware of it, that it's
vital to recognize that there are approximately 800,000
individual pieces of property in British Columbia — roughly
one-third in the provincially administered area, or unorganized
area, as they're called. Another third is in metropolitan
Vancouver, metropolitan Victoria, and the balance is in the
smaller cities, districts, municipalities and towns throughout
B.C.
Now, Mr. Speaker, assume for just a moment that only 5 per
cent of the total number of properties or folios were dealt
with inequitably in the 1974 assessment year. Assume it was
just 5 per cent. Well, that represents a staggering total of
40,000 separate cases to be reviewed during 1975.
Now I thought the Minister of Finance might say: "Oh, that's
an unreasonably high figure." Am I unfairly high in that 5 per
cent estimate? Okay, Mr. Speaker, then we cut it in half.
That's 2.5 per cent of the total properties in the province
coming under this inequity, injustice, hardship category.
That's still 20,000 individual cases to be reviewed in a single
taxation year, each one requiring reference to the assessment
commissioner for his office's review, and then, I would think,
in most cases a definite on-site reappraisal.
The assessor or the appraiser could not sit in his office
and say: "No, I stand by what I said earlier."
He would have to make the trip, whether it's a matter of a
few blocks or a few miles, to determine if the valuation should
stand or be revised.
These cannot be handled by classes of property. Bill 170
prohibits that particular approach. These will come from the
least expected and strangest angles and will bear little
similarity one to the other. As a result it will be necessary
to review them on a one-by-one-by-one basis — 20,000 individual
cases to review, if I'm low in my estimates — apart from all
the other day-to-day work of the assessment commissioner, the
authority and the appraisers in the field.
Mr. Speaker, you will realize that that amounts to 80
specific investigations required all over B.C. for every single
working day of the calendar year, and that says nothing about
the regular work that must go on — the reappraisal, the
checking of new construction, rezoning, whatever it may be.
That's 80 individual cases, if I am low in my estimate. It may
well be 160.
So that little paragraph in the press release issued by the
Minister of Finance really doesn't solve the problem, and I
hope that not too many property owners in British Columbia are
soothed by it.
It's also accurate at this point, Mr. Speaker, to say that
there is an overall shortage of appraisers in the province
today, at least among those who are engaged in the public
sector by the assessment authority. One figure that I've heard
indicates that the staff shortage could be as high as 50 per
cent of its total requirements. These are the individuals to
whom the assessment commissioner will have to turn when he is
reviewing the many "obvious inequities" to which the Minister
referred in his press release which accompanied Bill 170.
So not only are there going to be 80, 100, 120 individual
cases to be referred to the appraisers, but they are going to
be referred to an organization which is admittedly
short-staffed as it is.
Once again we have a simple phrase used by the government to
ease the fears of those who are unhappy about their present
property tax situation, but with no realistic understanding of
the size, the magnitude of the task involved.
Mr. Speaker, I fear that the assessment commissioner is
destined to meet the same kind of fate as the rentalsman, God
rest his soul. As a totally unrealistic reference to him to
investigate hardship cases, does the government fully
appreciate the chaos which could arise from this whole problem?
How many phone lines will he have jammed in his office — the
assessment commissioner — 20, 40, 80? What will be his terms of
reference? They haven't been spelled out. At what point will he
become involved in reviewing individual cases — early, before
they go to court of revision or the appeal board, or
afterwards? It simply isn't spelled out. I suppose it will be
the
[ Page 4654 ]
subject of some Band-aid legislation in the spring.
Will the assessment commissioner, Mr. Wright, be known as
the "assessments man" and are we headed for the same confusion
and trouble that has arisen in the landlord-tenant
relationship'?
Mr. Speaker, I'd like to try to get the point across to the
Minister of Finance, if that is possible, with respect to the
1974 roll which you've now decided to extend into 1975. I
checked with the assessment department in Saanich on the
question of appeals to the court of revision during the past
three years. I don't know that Saanich would be any worse or
any better than a similar district municipality of 65,000 to
70,000.
Here is what happened in Saanich, Mr. Speaker, and you will
realize that there are two school districts involved in this
particular district municipality. In 1972 there were 133
appeals to the court of revision. Now many of those did not go
on to the assessment appeal board. Nonetheless, in 1972 there
were 133 individual appeals. In 1973 the figure dropped
drastically to 55, and in 1974, 429. This is the assessment
base which we're staying with for 1975. That's an increase of
eight times, roughly, in the number of appeals at court of
revision in the Municipality of Saanich for 1974, when compared
with 1973, because of a lousy roll.
It has been stated in the committee hearings that it is "a
lousy assessment roll," Mr. Speaker. No reference to the
dining-room here.
Interjections.
Mr. Curtis: Well, I guess you wondered. The Hon.
Member for West Vancouver–Howe Sound (Mr. L.A. Williams), who
also served on this taxation committee — that is the municipal
affairs committee of the Legislature — presented some excellent
thoughts to the committee when it was deliberating its final
report.
I'm not going to intrude into the many points covered in his
summary, with one exception. Would you like me to read them
all? It was an excellent report. It's too bad that it wasn't
adopted. The quote is:
"It was obvious to the committee that the increases in the assessed values of properties taxed
pursuant to the Taxation Act in 1974 resulted in many large and
unwarranted increases in tax. Repetition of this cannot be
justified."
What the government proposes by way of Bill 170 is
to do just that — to permit many large and unwarranted
increases in property tax to continue next year. That fact is
to be regretted, in our view, as it most certainly will leave
many properties, Mr. Speaker, in the same difficult
circumstances which were experienced this year. The quotations
are there for everyone to read in the Hansard report of our
committee hearings.
In a clumsy effort to fully and effectively tax wealthy
landowners, corporations, speculators and holding companies,
this government has snared thousands of individual owners, the
kind of people I read about in the letters which taxed your
patience. The majority of these people cannot by any stretch of
the imagination be classified as speculators or foreign
absentee profiteers or holding company investors. In fact, the
1974 assessment mess — and it is that — resulting in
significantly higher taxes on vacant land, even adjoining lots,
is forcing these very British Columbians, Mr. Speaker, these
people who have held land for a long time in small parcels,
it's forcing them into the arms of the wealthy, the waiting
arms of the holding companies, the speculators, those who can
afford to ride out the storm.
It has happened with other legislation in the past two
years. Those whom you want to help, Mr. Premier and Minister of
Finance, are hurt as a result of your actions.
There is another aspect of the whole question which I find
puzzling, and it is an annoyance, Mr. Speaker. Perhaps when
they participate in this debate the chairman of the committee,
the Member for Delta (Mr. Liden), and the secretary, the Hon.
Member for Comox (Ms. Sanford), will explain to the House why
at some point apparently they were the only members of the
committee to meet with the members of the assessment authority.
This occurred about three to three-and-a-half weeks ago.
Now this is apparently the case, and I emphasize that point.
But the assessment authority thought that they were en route to
Victoria to meet with the full committee, or at least a broad
representation of the committee, but rather they ended up
meeting with the chairman and the secretary. At least two
members of the authority came to the meeting with the
expectation that they might be able to assist all members of
the committee in discussing this question.
This sudden about-face, I think it has to be realized, has
put the assessment authority in a very difficult position,
because they were very active following their appointments in
the spring, after the legislation was introduced. They were
putting things in motion for full-value assessment. They were
enthusiastic, and their enthusiasm was transmitted to
appraisers and assessors around the province.
The legislation, Bill 151,
section 24(
l) said: "Land and
improvements shall be assessed at their actual value." That was
the legislation until this session, and the assessors, Mr.
Speaker, responded to that new law. Many of them went around
B.C. In a special effort, including hours of overtime at public
expense through July, August, September and October, to
[ Page
4655 ]
achieve full valuation on their individual assessment rolls.
And now with about six working weeks — being generous about it,
six to seven working weeks left in the year — they are told
that the government has changed its mind. The government and
government members of the committee obviously did not see the
wisdom in proceeding with full valuation for 1975.
If there was to be a problem we could have had a factoring
downward of these rolls for taxation purposes. It could have
been very easily achieved. In other words, Mr. Speaker, print
up all the property at 100 per cent valuation, full valuation,
as has been the law and as the appraisers and assessors were
actively doing, and then apply 25 or 30 or 35 per cent of that
full, equalized assessment for 1975.
Mr. Speaker, this 1974 assessment roll has been identified
by more than one person as one of the worst in the history of
the province, and it is to be repeated in 1975. It need not
have been retained.
Mr. Speaker: May I just intervene to say that for
quite some time the Hon. Member has been reading from very
copious notes. I'm just wondering how near the bottom of the
pile he has reached.
An Hon. Member: What's going on here?
Interjections.
Mr. Speaker: I'll tell you what's going on. It's
against the rules of this House to read speeches in the
House.
Mr. Phillips: He's not reading a speech. He's
referring to his notes.
Mr. Speaker: Order, please. The Hon. Member knows
perfectly well that you are not entitled to read your speeches.
I've been very tolerant with the Hon. Member who is on his
feet.
Interjections.
Mr. Speaker rises.
Mr. Speaker: Order! Order, please. Either you leave
this chamber or be silent when I'm on my feet.
The rule of the House is that you don't read speeches. I've
been very tolerant with the Hon. Member because I realize that
it is a complicated matter, but he has read evidence and
letters since 8 o'clock until 9:30. He's been reading his
speech, as is obvious to me. I've been observing, and I really
want to say that if he is going on much longer….
Mr. Speaker resumes his seat.
Mr. R. H. McClelland: (Langley): A point of order, Mr. Speaker. I wonder
whether the Speaker might chastise the Premier and Finance Minister (Hon. Mr.
Barrett) for reading to this House just before supper break verbatim a press
release dated November 4, 1974. The Premier read it word for word, Mr. Speaker,
and you never said a word to him.
Mr. Speaker: Order! Order, please.
In this House, Ministers usually read a short statement.
This has been the practice for years. But if anyone objects to
it, and it's a long statement, naturally it should not be read.
What has happened here is that he has been reading for an hour
and a half, and I ask him to restrain his use of copious
notes.
Interjection.
Mr. Speaker: Order! That is not correct, and you know
it yourself. It's not really a question of reading speeches in
the House at all, but doing it almost interminably.
Interjections.
Mr. Speaker: Would the Hon. Member proceed?
Mr. Curtis: Thank you, Mr. Speaker.
It perhaps is rather difficult but, as you observed, it is a
very complex subject, a very complicated one, and much of the
material I read was in the form of letters received from
individuals by members of the committee, which required
quoting. But I have a few more notes. I would like to continue
discussion of this particular bill.
I think it is unfortunate that the committee, in preparing
its report and again in this very compressed time, Mr. Speaker,
did not have an opportunity to touch on a number of points
which were of concern through our hearings and which I believe
are of concern to various administrative people that we have
serving not only in the assessment authority but in the
surveyor of taxes' office, in various municipalities and so on.
One is that the court of revision and the appeal process is
foreign territory to most citizens, to most property owners.
The term "court of revision" sounds pretty grand and, I think,
frightens a number of people. We need simpler language on the
assessment notice, on the taxation notice, and also in
explaining to the individual property owner how he or she can
appeal his or her particular assessment.
The other problem is that there is a feeling that courts of
revision…. Rightly or wrongly, the feeling exists that
they are stacked against the appellant — that is, the individual
who appeals. The assessor is
[ Page 4656 ]
there. He's very familiar with the terms; he knows his job;
he's a professional. And here is the individual trying to make
a case. The court of revision members may, in many instances,
appear to be rather gruff, and they are going through a lot of
cases in the course of a morning or afternoon sitting.
I think we need an assessment court of revision ombudsman.
We've had many suggestions made in the past with respect to a
general ombudsman in British Columbia, but we need someone not
to assist companies who would usually turn to a solicitor for
assistance, but someone who could be assigned to each and every
court of revision to assist the individual in stating the case
and making the appeal against the assessment.
There is this impression of the fact that the court is not
necessarily biased against the individual, but it is, as I said
earlier, foreign territory.
There should also, Mr. Speaker, through you to the Minister
of Finance, be a much longer period of appeal for assessment.
In the case of the provincial assessment notices which are
mailed out just at year end, it says very clearly, and I have
to quote, Mr. Speaker:
"Take notice that this statement sets out the assessed values upon which the property tax will be based.
If you deem the property to be improperly assessed, notify the
provincial assessor immediately. If you intend to appeal to the
court of revision, you must file your appeal with the
provincial assessor within 14 days from the mailing date."
That can be found on the tax notices which were received
this year. Fourteen days is not a sufficient time at any time
of year but certainly not at year-end with one or two holidays.
And it is 14 days from date of mailing which is stated here.
This could be cut down to 10 or 11 days by the time the
property owner has actually received the notice and realized
that time is running out on him.
I submit also, Mr. Speaker, that in an effort to assist
property owners in the unorganized or provincially administered
territory, during this year when this particular bill continues
or is carried on and, therefore, the assessments remain
unchanged over 1974, the province should give very serious
consideration to setting back its due date on taxes. The
property tax, in terms of revenue to British Columbia,
excluding municipalities, is approximately $20 million. With a
total budget of over $2 billion, this is a very insignificant
amount. But it is not insignificant to those individuals who
have to pay it, July 2 is the due date and I think the government might very
well consider setting that back to the beginning of August or,
indeed, to sometime after Labour Day as the final date for
payment of those taxes without penalty.
In spite of a surprisingly large number of comments during the hearings, the
government Members of the committee in their report to this House did not touch
upon the fact that the $29 tax rebate was extremely unpopular. We heard this
repeatedly as we moved around the province. Now, it can be argued that the school
tax removal and resources grant is a commendable grant, but I submit that it
should not move to a point where a property owner is paid a total of $29 to
live on his or her parcel, and that was the case. Cheques for $29 were coming
in by the hundreds, I believe, in the province this year as the result of the
introduction of that particular rebate. The question was put, not by members
of the committee but by those appearing before the committee: "Why should anyone
be paid to live in his or her home?"
There is, I think, some uncertainty as to whether $1 is
sufficient tax for anyone to pay. But to actually make money as
the result of living there was felt to be most unfair and
inequitable. In many cases it was received by those who
admitted that they did not need it.
The committee report was silent on the prospect of genuine
and open joint budgeting between the province and its
municipalities. Revenue sharing. I think this was a great
opportunity for the committee to comment on that and,
unfortunately, it chose to ignore the point.
But most disappointing of all, the government Members of the
committee — therefore the committee report which was filed with
this House — did not recognize that this should have been an
interim report endorsing the concept of purity of assessment
for 1975, or full-value assessment for 1975, with a request to
this House to immediately continue an intensive study of the
property-tax situation.
As the formula has been presented to us, the formula could
have been worked on through November, part of December,
starting again in January and, if necessary, into February and
presented to this House in the form of a committee
recommendation with ample time left for the necessary amending
legislation to have been introduced and approved by this House
before the tax notices went out in 1975.
The committee, instead of "biting the bullet," as one
of its members said, chose to swallow it.
It's to be regretted so much that after identifying this as
again a major problem for the year 1974, referring it to a
special committee in the spring session and getting it to the
House in April, having a motion passed by the House in early
June, the committee was not authorized to start and did not in
fact start until September 17.
The committee made good progress, and, as you so painfully
observed earlier, Mr. Speaker, heard from many individuals. But
I assure you that this is just
[ Page 4657 ]
scratching the surface; this is just part of the total
picture that was presented to the committee. I think it is most
unfortunate that we've turned our back on them at this
time.
Mr. Speaker: I think the Hon. Premier has already
spoken in the debate.
Interjection.
Mr. C. Liden (Delta): Mr. Speaker, I'm pleased to
take my place in this debate in support of the bill. I'm a
little surprised at the presentation made by the earlier
speaker; it seems that the level of contribution deteriorates
quickly when you move into that group that lives in the Dark
Ages. He did better when he sat down here.
He knows and I know and we all know the problems that would
have been associated with the kind of recommendation that he's
been making.
We had to go back a piece, though, if we want to really look
at this thing. First of all, when you say that the committee
was set up in April and didn't begin its hearings until
September, that's total misrepresentation of what happened, and
you know it. That committee was in the House here with the rest
of the Members of this House until June 20. Then that committee
met in July, and on the 13th of July agreed to the
schedule of
hearings that were to take place in September, the date of
advertising and everything else. I think that's not really
making the case properly; it's not dealing with the dates
properly. You know very well that the House was in session
until June 20. To suggest that the committee could have started
work on April 5 is utterly fantastic.
Interjection.
Mr. Liden: I was at the meeting in the Queen
Charlottes on July 13. Everyone was there and everyone agreed
to the
schedule that we carried out, including the Member who
just spoke.
Hon. Mr. Barrett: He was a Tory then.
An Hon. Member: He goes back and forth like that.
Mr. Liden: Well, that's what I referred to earlier.
When the Member made his move from this group to that group,
his level of contribution deteriorated badly. That is so
evident in the contribution he made here tonight.
Interjections.
Mr. Liden: If you remember the assessment committee that we had last
spring, you'll recall that the assessment commissioner (Mr. Wright) presented
a brief at that time in February in which he spoke about the perfect assessment
years, 1962 to 1966. He pointed out that the government provided assessment
shambles by statutes beginning in 1966. That's the kind of mess we inherited
and that's the sort of thing we had to deal with.
There were a number of other things that he said at that
time and there are a number of other things that we dealt with.
What we had to look at, really, is what might have happened to
the people of British Columbia if we had taken the kind of
course recommended by that group, although they were very, very
reluctant in making any sort of course at all.
The whole study we went into was like unwinding a cabbage:
you're looking for the core and you never get to it because
every time you look at something new you just get further into
the matter. You find that you have more things lying around and
a bigger mess to clean up. Any sort of immediate move as they
suggest would have created a real problem. They know it, and
that's why they were going along that line.
When you read letters and look at all of the things that
were said to the committee, we should also look at the fact
that some of the people who made presentations to that
committee shed some other kind of light on it as well.
For instance, there was the fellow who spoke of his 99 acres
of beachfront that he owns in the Queen Charlotte Islands and
the fact that he pays $12 an acre. The Member who just spoke
was very critical of that presentation on the basis that he
really wasn't paying enough.
There were many of those situations. There's a real classic
here about a fellow in Vancouver who owns two acres of land in
Princeton. His taxes went up some 2,200 per cent. You know how
much money he paid? He paid $4.38 in taxes. It went up to $98.
I think you've got a responsibility to look into what the taxes
really are and what the story really is.
There are some hardship cases. We're well aware of those and
we've made recommendations in the report, I hope, to deal with
some of those matters.
Mr. Speaker: May I interrupt the Hon. Member to say
that I hope he does not also go into a long canvass of reading
of letters but try to address himself to the principle of the
bill.
Mr. Liden: I haven't read a letter yet, Mr. Speaker,
I haven't read a letter yet.
Interjections.
Mr. Liden: I just want to point out some of the
things that were missed by the letter reader (Mr.
[ Page 4658 ]
Curtis) who just sat down.
Mr. Speaker: Well, I can't possibly allow him the
same latitude because he has only 40 minutes.
Mr. Liden: I want to point out to the House here that
recommendations were made to the committee from the B.C.
Federation of Agriculture, recommending that they would rather
go with the 1974 roll in 1975 than to proceed into the 100 per
cent roll without time for adequate study, without time to
really make the changes that had to be made.
Mrs. P.J. Jordan (North Okanagan): What did they say
about the 1973 roll'?
Mr. Liden: They prefer to go the 1974 roll. To go the
1973 roll was dealt with earlier by the Minister of Finance, in
which you want to take the taxes off industry and put them back
onto the residential. That's precisely what you're
recommending.
What about the recommendation from the B.C. Federation of
Agriculture? You weren't interested in that, not one iota.
What about the representation from the Council of Forest
Industries? They said the same thing. They didn't want to go
ahead into the 100 per cent assessment in the current year
without proper study and proper handling of all the problems
that come out of that.
What about the Union of B.C. Municipalities, an organization
of which the former speaker is a former president — a past
president of the UBCM? You'd never guess with….
Hon. Mr. Barrett: He's a past member of all kinds of
organizations.
Mr. Liden: That's obvious. But, look, the Union of
B.C. Municipalities represents every municipality in the
province that has to deal with this very problem. What did they
say? They say: "A number of difficult problems have already
shown themselves, and we have no doubt that others will also
emerge."' They say: "We can see no solutions to these problems
until they are precisely defined by the examination of a
complete and full actual-values roll."
The committee now has the dilemma of devising legislation
within the matter of the next few weeks to correct problems
which we have not yet fully determined and which, indeed,
cannot be determined until all aspects of the assessment system
can be examined.
What about their recommendation? That wasn't dealt with at
all by the Member who just spoke.
There's no question, from the hearings in the spring or the hearings this summer
and fall, that the people of British Columbia want to establish a pure and positive
100 per cent assessment roll. But they want to do it with proper study and they
want to do it in a way that will solve the problems for the people and not create
more problems.
There's a great deal said in the UBCM report. There's a
great deal said in other representations as well. I'm not going
to go through the kind of thing that the earlier speaker did.
We should take note, though, when you're talking about the
assessors and the problem that's created by courts of revision
and whether or not the assessor is on the side of the court of
revision, and the kind of feeling that exists for the ordinary
taxpayer, the ordinary homeowner, property owner that's
appealing assessment — the former speaker mentioned this — that
there was great deal of representation made to the committee on
this whole matter. But the greatest representation was made by
the person from Saanich, when he referred to a report of
I don't know who was the mayor of Saanich at that time. I've
heard that it was the person who just spoke before me, at which
time there were all sorts of accusations made about the system
there. They called upon the mayor to make some corrections and
some adjustments, which were never carried out. Nevertheless, I
don't want to create the feeling that assessors are unfair and
that assessors are working with municipal councils or
authorities to create an unfair situation for the ordinary
homeowner. But I think that you've got to look at the thing
totally.
It was also pointed out to the committee — and everyone's
made well aware by professors and so on — that the study in
Ontario took three years and that they set aside moving quickly
into the whole question of the actual-value assessments. Mr.
Wright made that point in his brief of February 28 to the
assessment hearings, that the move into the 100 per cent
assessment in Ontario had been delayed. That's the sort of
thing we have to consider in looking at the whole thing.
You will recall the charts that were presented to the
committee when we asked for some details, in which it was shown
that in Saanich, for instance, there would be some people, even
in the residential class, that would see a reduction in their
taxes, and others that would see an increase. The difference
was from an increase of 9 per cent to a reduction of 16 per
cent. That's a fairly healthy shift. That was looking at
Saanich. When we asked for more of them, in Dawson Creek we saw
the difference between a 14 per cent increase to a 9 per cent
decrease. Those kinds of shifts occur without any proper
examination — just a sketchy look at some 21 assessments in
each place.
The City of Trail showed an increase of 11 per cent for one
homeowner and a decrease of 15 per cent for another. Is that
the kind of thing that you're recommending with your 100 per
cent? Is that the kind of thing that you think will satisfy the
people of
[ Page 4659 ]
British Columbia? I don't think so, and it's all the way
through. In Creston it was plus 20, minus 29 — that kind of a
shift within the residential class of property.
Campbell River is the worst; one property owner has a
decrease of 19 per cent and another one an increase of 85 per
cent. Now there are some bad assessments that we have to start
with, apparently, but there's just no way that your
recommendation of going to the 100 per cent can solve that
problem.
Certainly there are inequities in the present assessment
system, and there have been for some time. This government has
shown that we want to move to correct that. We want to move to
correct it in a way that will be beneficial to the people.
You know and we all know, particularly the people on the
committee, that if we'd gone to the 100 per cent assessment
this year without proper study, you would have had a shift in
taxation toward the residential properties, off industry
towards the residence. That's what you're recommending: higher
taxes for the residential people of this province. That's what
you're recommending, and there would be those serious shifts
even within the residential categories. You're well aware of
those.
There are so many things associated with this change. The
Union of B.C. Municipalities makes recommendation; I spoke to
some of their executive on the weekend. They endorsed the move
we've made. They appreciated the direction the government has
taken in presenting this bill and say that it's the only way
you can approach it. Yet at the same time we have mayors coming
before the committee with differing views on the problems as
they see them. Without proper study and without proper time
there is just no way that you would improve the situation by
going to 100 percent now.
I want to say too that it's hard to sort of analyse the
position taken by that group, because that group, while they're
recommending the 100 per cent, a few days after we left our
hearings in Prince George, had their organizers out on the
streets, knocking on doors and telling the people there that
the government was going to go to 100 per cent and that this
was going to make a terrible mess of their taxation — that it
was going to increase their taxes and so on, and that they were
taking the position to hold it down.
Now how do you instruct your organizers? I got it from more
than one family in Prince George that had them call at their
door. It's kind of a strange politics that you're playing over
there — a very strange game. But then I don't know how you can
analyse the politics that you people play when you look at the
There's something that I saw in the paper not very long ago about a seagull.
Hungry seagulls are eating kittens and birds and all that sort of thing. They've
become vultures. Then I see a blue paper that comes out that has a seagull on
every page, and I wonder at the similarity. I wonder just what they're up to.
You know, it seems to me that if you want to make some sense
out of what we're doing in this whole bill, you've got to
support the move that is being made in Bill 170. That's the
direction we've got to go. You cannot go the route that you
want to go of the 100 percent.
It seems, Mr. Speaker, that the government has made the
right kind of move. It has recognized the complications that
are associated with trying to clean up, but we're going to do
it properly. That's why I'm in support of Bill 170.
Mr. L.A. Williams (West Vancouver–Howe Sound): Mr.
Chairman, the Member for North Okanagan (Mrs. Jordan) is
getting closer and closer to the door. I can only assume that
that's an indication of some wisdom on the part of Her
Majesty's Loyal Opposition.
Mr. Speaker, if I'm correct, I assume that we're debating a
bill that deals with assessments.
Mr. Speaker: I want to thank the Hon. Member for
that.
Mr. L.A. Williams: I'm moving all these papers out of
the road, Mr. Speaker, so that you won't be confused by the
fact that I'll be reading my remarks.
We've had a lot of discussion this evening about real
property tax and the work of the committee on municipal
affairs, and I think that it should be recognized that that
committee recently was dealing with the problem of proposed
real property tax change in this province, which has something
to do with assessment, but not very much. I do not therefore
propose to read any letters, although I've got them all too;
any number of the committee got them, and the chairman was very
efficient in using the Xerox machine.
But I must say, Mr. Speaker, that I saw enough letters to be
convinced that in his opening remarks the Premier has rather
missed the point of the whole exercise. It is not the large
corporation who is being most seriously affected by changes in
assessment legislation in this province or, indeed, with the
lack of change in real property tax legislation; it is the
individual land owner.
I'm not surprised either that the Premier in his opening
remarks read a press release of November 4, 1974, because
that's becoming typical of this government, and of this
legislation. We're just sort of recycling something that we've
had before. We must clearly understand that what we're doing
with this amendment is that we are recycling the mistakes of
the former government of this province. And let there be no
doubt. The Member for Saanich (Mr. Curtis),
[ Page
4660 ]
from where he now sits, wasn't making the kind of speech
that I've heard him make when he sat elsewhere in this
House.
The problem we face in real property assessment in the
Province of British Columbia today is the direct legacy of the
programmes, and of the policies, and of the attitudes of Social
Credit over 20 years. It really disheartens me to find that, at
this particular juncture, the government of the day is going
back to what we had prior to the passage of the new assessment
legislation at the earlier session this year.
That legislation, I think, should be very carefully
considered, Mr. Speaker, because it was the result of, first of
all, some very careful and lengthy deliberations by a committee
of this House who made some very significant recommendations,
and then of debate joined in by all sides of this House, and
eventual passage. And why, Mr. Speaker, we now come to
amendments to that legislation which will reverse the positive
step forward that was made in the spring of this year, I will
never understand.
The Hon. Member for Delta (Mr. Liden), who just took his
place, made reference to information which was before the
committee studying real property tax as to the consequences of
the 100 per cent of actual value assessments in some of the
regions of this province. Yes, it is true that in some areas,
some people — if there were no change in municipal revenue
budgeting — some people would enjoy a 9 per cent decrease in
tax; some people would enjoy a 16 per cent increase; some
people would enjoy a 4 per cent decrease; some people would
enjoy a very much higher increase in tax.
Mr. Speaker, those statistics only go to prove the
inequities that exist in the real property tax rolls in this
province — inequities which will be continued by this
legislation, not corrected by it; inequities which can only be
removed when the assessment authority of this province is left
free to assess all properties in the province of British
Columbia at 100 per cent of actual value. All we are doing in
this legislation is delaying the day when we will have, as
between property taxpayers in a particular class, and as
between property taxpayers in differing classes — residential,
farm, industrial, commercial — some real equality. And when it
is recognized that assessment is only the measuring stick by
which a real property taxpayer is measured when it comes his
time to contribute to his share of the tax burden cast upon him
- either by the Minister of Finance, or by a municipality,
town, city, or whatever the case may be — when that is
recognized, we will understand clearly, I think, that so long
as we have inequality in assessment, we will have inequality in
the sharing of the tax responsibility as between real property
owners
Yes, there is no question that if we apply to 100 per cent of actual value
in 1975, and if there were no change in the tax laws in this province, there
could be a shift in the burden of tax as between classes of property owners.
Yes, it is true that at 100 per cent of actual value, with no change in the
tax laws of this province, there would be a shift in the burden of tax from
the industrial-commercial class to the residential class — the direct opposite
of what happened last year when there was a shift from residential to commercial-industrial.
But, Mr. Speaker, that is a matter of real property tax
legislative change. I would have hoped that the Minister of
Finance (Hon. Mr. Barrett), in introducing this legislation
here tonight, would have indicated to this House that before
this meeting of this Legislature is at an end, we will have
from him changes in the real property tax legislation, because
even with this amendment, we will have as a consequence of the
inequalities of assessment already existing, as restated by
this amendment, continuing inequalities in the burden of tax
which can only be cured if we have changes in tax legislation.
But we are dealing with the assessment in this province.
For years we had equality of assessment; then a period of
time when in order to protect, I suspect, certain individuals
or groups of individuals in this province, we had a fiddle with
the assessment procedure so that inequality resulted, which
brought us to where we are today. That can be cured by the
legislation which is presently on our books, This legislation
is therefore a retrograde step; a step which we must face
dither this year or next year. And it disheartens me to find
that at a time when the government should be moving to tax
legislative change, they are instead retreating to the old
assessment practices of a bygone era.
It disheartens me because I know from representations made
to the committee from the assessment commissioner and members
of his staff, that to retreat, as we are with this bill, to a
modified 1974 assessment roll, is going to leave us with
assessments in the Province of British Columbia of
significantly poorer quality than would have been the case if
we had proceeded with 100 per cent of actual value assessments
as provided for in the assessment Act: significantly poorer
quality. That is the result of the bill that is before us
today. With that poorer quality comes tax inequity — tax
inequity which is going to be felt most severely by individuals
who are least able to pay.
The Premier mentioned some large corporate organizations
who, under Bill 71, were obliged to pay a greater share of
real property tax than had been the case previously. That's
easy. They pass on that burden to the people who consume the
products that those corporations produce. But equally, Bill 71
and this legislation, this bill before us, will cast upon
individuals owning their own parcels of land for their
[ Page
4661 ]
own private use, increasing amounts of tax which they cannot
pass on to anyone. That is their obligation. It is their
obligation because the Minister of Finance has failed to
recognize that the consequences of Bill 71, and of this bill,
will be to preserve high levels of assessment for those
individuals, and without change in real property tax
legislation they will pay on the fixed mill rates under the
taxation Act significantly higher real property tax. It's easy
to correct that problem, and the Minister of Finance could do
so if he had brought in as a companion with this legislation
changes in the taxation Act. But that would have only changed
the situation as it affected those areas lying outside of
cities, towns, and district municipalities. Within those
municipalities, the consequences would continue to cast unfair
burdens on certain individuals within the community.
Assessment, as we have it in the law today, provided a way
out. This legislation shuts the door. As a matter of fact, it
occurs to me that this legislation is much like the bill that
we debated and voted upon at 10 minutes to six this afternoon:
interim changes in the Landlord and Tenant Act which do not
solve the problem, only intensify it. This Bill 170 does not
solve the problem. It only serves to intensify it for a limited
number of our citizens.
The opportunity was present to the government and the
government has turned away from that opportunity, all in the
name of…what, no one knows. Certainly the Premier in his
opening remarks on this motion did not clearly indicate the
purpose for which we are dealing with Bill 170.
As a matter of fact, Mr. Speaker, already we know that with
Bill 170 we have omitted some of the consequences of
retrogressive steps. The City of Vancouver has pointed out to
the Premier that under this legislation, where we go back to a
modified 1974 roll, one major corporate organization in the
City of Vancouver serves to gain through saving some estimated
$500,000 to $750,000 in tax.
Hon. Mr. Barrett: It's a question of wording.
Mr. L.A. Williams: Yes, well, I've read the Act very
carefully as to what the wording is, and so on. The City of
Vancouver has theirs, and they recognize the problem; and
Marathon Realty has theirs.
But, Mr. Speaker, the Premier fails to recognize that under
the assessment Act as it presently is the law that problem
would have been resolved beyond doubt. There is no question
what the consequences to Marathon Realty would be under the new
legislation.
Equally, there is no question that under the assessment law as we presently
have it any individual, who by reason of poor quality of assessment felt that
he was being badly done by, had the right of access to improved courts of revision
which the assessment Act, passed in this House this spring, provided for — a
vastly improved situation over what was previously the law. That facility was
available in the event that there should have been any shortcomings in the 100
per cent of actual value concept.
This we are now casting to one side and delaying until next
year the true advantages of equalized assessment.
I wonder, when I consider the representations made to the
committee, and when I consider the reaction of the committee to
those recommendations, whether next year we won't be faced with
a postponement again, because there was a clear recognition on
the part of the committee as to what the problem was and a
sidestepping of the solution.
The solution does not lie in changing the assessment laws;
the solution lies in changing the tax laws of the province. It
is to that that we should be addressing ourselves at this
time.
Hon. Mr. Barrett: We need time to do that.
Mr. L.A. Williams: The Hon. Premier says there isn't
time. Well, there is time. There is time to deal with it.
Hon. Mr. Barrett: We need time. They don't even have
a policy.
Mr. L.A. Williams: The report of the special
committee on assessment which was tabled in this House earlier
this year clearly indicated to the government the nature of the
changes which it would be obliged to make with the new
assessment legislation which that same report recommended.
We've passed the assessment legislation and the government
has sat on its hands and done nothing. Indeed, having done
nothing with the real property tax field, it is significant
that when we're dealing with amendments to the assessment Act,
the government has very carefully ignored one of the key
recommendations of the committee on assessments, which
recommended that immediate consideration be given to clarifying
the question of farmland classification, residential use of
property, the intended residential use of property and the
separation of industrial from commercial uses on a single
parcel of land.
None of those matters, which were placed before this House
and the government on April 5, 1974, are included in the
amendments to the assessment Act at this time.
Mr. Speaker, the subject is a vast one, but it can be
canvassed very shortly. As I said earlier, this is a retrograde
step. The government has failed to seize the opportunity which
it was given this spring.
[ Page 4662 ]
Interjection.
Mr. L. A. Williams: Well, perhaps the Hon. Member
doesn't like the suggestion that the government was given the
opportunity this spring.
The Minister of Finance (Hon. Mr. Barrett) introduced the
legislation. It was debated and passed in this House and the
government was given the authority then to proceed. Now, less
than six months later, the government is coming back and
saying: "We take it all back; let's go back to 1974."
Now the Hon. Premier was talking about the Union of B.C.
Municipalities. Yes, the Union of B.C. Municipalities
recommended caution. They recommended caution in changes in
real property tax laws. But we are not debating changes in real
property tax laws. We're debating the change the government is
proposing to make in the assessment legislation, not real
property tax laws. If the government has brought before us
changes in real property tax laws, then it might be worthwhile
considering the concerns expressed by UBCM.
Let me suggest, Mr. Speaker, that by changing the assessment
legislation and ignoring the required changes in real property
tax laws, the Minister of Finance and the Union of B.C.
Municipalities themselves face a most serious challenge, and
that is that in budgeting for revenues from real property
taxation in 1975 they must exercise the greatest caution and
restraint, because the consequences of reverting to the
modified 1974 roll, with its inequities in assessment and
therefore the direct consequences of inequities in tax, will be
multiplied if the Minister of Finance as a revenue gatherer and
the municipalities as revenue gatherers do not take care with
regard to the budgets of the expenditures they propose to
make.
They must show caution. They must show restraint, since they
have been unwilling to accept the assessment law as it
presently stands and the government has been unwilling to bring
before this House the required and companion changes in real
property tax.
Mr. H.D. Dent (Skeena): Since the debate is to
continue, Mr. Speaker, I would like to just offer a few
comments, since I was a member of the committee. Like most of
the other Members of the House — I'm sure they've had the same
experience I've had — I've had a great number of people bring
their problems to me, or comment on their problems with regard
to assessment and property taxation. Starting as an amateur and
having to work my way through all of these problems, certain
things registered in my mind.
I was very surprised at the Hon. Member for Saanich and the Islands (Mr. Curtis)
for some of his comments. It seems that he's talked to different people than
I have, or he's run into different kinds of problems in some ways than I have.
I am surprised, since he sat on the committee that had hearings and heard briefs
over a period of time.
First of all, I want to begin by saying that I can't
overemphasize the mess created by the action taken by the
previous government in 1966. You know, to listen to them talk
over there, they think we caused the problems last year. That's
nonsense. The problem was created by the 10 per cent limitation
applied across the board in 1966. It's just incredible the
problems that that thing has caused.
I just want to give one as an example. Passing through the
centre of Terrace is the Canadian National Railway. I believe
that it can be said that the Canadian National Railway in
Terrace is probably the biggest landowner, without a doubt.
They were somewhat jolted when they received their assessment
notice this past year and discovered that there was a
substantial increase in their assessment. Evidently they phoned
the assessor long-distance, screaming very loudly about this
thing. But it turned out that their property had been assessed
at only one-fifth of the market value. Naturally, when the bill
was passed last year, this meant a very substantial increase in
their assessment.
I repeat: the CNR is the biggest land holder in Terrace, I
believe, without a doubt, and they were paying much less than
their proper share of the property taxes. Terrace cannot afford
that loss in tax revenue, and they have lost it over the past
number of years. In fact, the total assessment for Terrace went
up by 50 per cent in one year, and a large part of it was
companies like the CNR, some of the larger logging companies —
Can-Cel was one — and so on.
But I can't, again, overemphasize that this whole problem
was the result of that action of the previous government in
1966. I just want to give one quick illustration of how that
worked.
If the property increased very rapidly in value, people who
were lucky enough to hold that kind of property found
themselves paying a much smaller proportion of the taxes in
relation to the value of their property as the years went by. I
don't need to repeat that; everyone is familiar with that, I'm
sure. But I just want to give a quick example.
Suppose two pieces of property were equally worth $10,000 in
1966. If one went up very rapidly in value and one went up very
slowly in value, it meant, with a 10 per cent limitation, that
one person had a capital gain on their property, a very
substantial capital gain, but was paying a relatively small
amount of taxes for that capital gain in relation to the other
on the property.
The District of Terrace, in their wisdom, took the
opportunity last year to increase their budget substantially —
I think by over approximately 55 to 60 per cent. There was an
overall mill-rate increase on general taxation of approximately
2 mills or so.
[ Page 4663 ]
Now, what should have happened, in my judgment, had Terrace
been a prosperous community and had a bigger tax base to begin
with, is that there should have been a tax break for those
people who had been paying a disproportionate share of the
taxes since 1966. If there had been a mill rate reduction, many
of those people would have enjoyed a benefit; they would have
had a tax reduction, as they should have had.
Maybe this happened in some other municipalities. In fact,
it did happen in some other municipalities. In fact, it did
happen in Smithers on a very modest basis — residential
property owners mainly. Those people whose property had
increased relatively slowly in value should have had a tax
break, but they didn't. Terrace was in a very desperate
financial situation because of the fact that their assessment
base was low and still is low compared to other centres such as
Prince George and Kitimat and Prince Rupert.
So in order to keep their head above water, they were very
fortunate that that bill came in because it increased the tax
base. By a very modest increase in the mill rate they were able
to begin to pay for some of the services or have some of the
services they should have been having long before. I don't
blame the District of Terrace for what they did. But just the
same, had there been justice, those people who had been paying
a larger share than they should have, should have had a
reduction, but they didn't.
I wonder how many other municipalities did the same thing.
They had an overall increase instead of giving a break to those
people who had been paying too much over the years.
Now, there were implications of that change in Bill 71, and
we have had the chance to examine them, to talk and think about
them here, and read letters on them and so on. There are many
of them. But I believe and I would think there would be many
more implications to going into 100 per cent assessment — many
more implications. And I for one — and I know the people that I
represent — would like to have another opportunity to have some
idea what those implications are going to be before we jump
into it.
Interjection.
Mr. Dent: Because of the representations made by
people in my constituency to me, I find it necessary to support
this legislation even though I personally would like to see us
go to 100 per cent assessment at this time. I think it is a
move in the right direction but I think it is going to require
considerably more preparation than we have had so far,
considerably more preparation.
Therefore, I support this bill, and I support it for a third reason. I think
the District of Terrace acted honourably in what they did, but they did take
advantage of an opportunity presented by Bill 71 to increase their budget substantially
and which resulted in an overall tax increase for the District of Terrace. And
I've no doubt, if we brought in 100 per cent assessment now, again the municipalities
who might be having some problems might take advantage of the opportunity to
further increase their budgets. I think this would be a blow to the taxpayer
and I think the taxpayers have had enough of a blow for the last year or two.
There should be a period where they get to understand what
this whole direction is going to mean: the fact that it will
bring a greater degree of equity, that they can be prepared for
the kind of results that are going to take place, and so
on.
Finally, there is a relationship obviously between capital
gain on land or property and tax increases. There has to be. I
would just put forward this as a suggestion because that report
which the Hon. Member for Saanich and the Islands (Mr. Curtis)
read from the ratepayers' association of Terrace was one which
I discussed with them at the time that they were putting these
ideas together. The total improvements within a municipality
that are paid for collectively by the taxpayers give a capital
gain to each piece of property within that tax area. Therefore,
everybody should pay on an equitable basis toward that total
capital increase for the net value of all of the property,
including their own.
But it is also true that individuals put money out of their
own pockets in order to make capital gains to their own
property. Unfortunately, they get penalized in the same way or
they have to pay in the same way as if this was the net result
of a municipal action or all of the people within the
municipality.
So I would make a suggestion that could be considered by the
committee or by those who prepare legislation. They should try
to make a distinction between capital gain or increased
assessment that is the result of the action collectively of
everybody in the municipality and that which is the result of
the individual's own efforts and their own willingness, you
might say, to paint up and clean up. People can in some way be
rewarded for their own efforts to beautify their own property
and to improve their own property.
This would be an incentive, if you like, or an encouragement
to people to beautify their places and make improvements to
their property which would have the net effect of increasing
everybody's assessed value, not only from a financial point of
view but in terms of the quality of life.
So this is just one suggestion that could be thrown out.
That's why I'm very pleased that they haven't jumped suddenly
into a massive change to 100 per cent assessment before we have
had a chance to examine every possible thing that could take
place or could be done to improve property taxation
generally.
[ Page 4664 ]
Mr. Chabot: Are you going to support the tunnel? Will
you support the tunnel'?
Interjections.
Mr. Speaker: Order, please!
Interjections.
Mr. Phillips: There is an old saying that….
Interjections.
Mr. Speaker: Order, please!
Interjections.
Mr. Phillips: There is an old saying that goes
something like this: not only must justice be done but justice
must also appear to be done. And justice, Mr. Speaker, is not
being done by this bill which is before this Legislature this
evening. This bill will perpetuate the injustices of taxation
that were with us in the taxation year, 1974. It shows once
more the inability of this government to come to grips with the
problems which they themselves have created. Make no mistake
about that, Mr. Speaker: the problems which they themselves
have created.
The homeowners in this province, Mr. Speaker, have over the
past year paid approximately 40 per cent of the taxes in
British Columbia….
The homeowners in this province have over the past year paid
approximately 40 per cent of the taxes in British Columbia. The
remainder, or 60 per cent of the taxes, have been paid by
commercial and industrial lands and others. The taxpayers who
own homes in British Columbia have in the past paid less taxes
in the Province of British Columbia than in any other province
in Canada. And yet some of the opposition speakers would lead
you to believe that there were great inequities.
Interjection.
Mr. Phillips: Mr. Speaker, I had the honour of
serving on the municipal….
Mr. Speaker: May I interrupt for a minute? I wish
the Hon. Members would not suggest that any other Member in the
House is lying.
Would the Hon. Member please withdraw?
Mr. Phillips: I just consider where it comes from.
It's typical of the Member.
[Mr. Dent in the chair.]
Interjections.
Deputy Speaker: Order, please! Would the Hon. Member
continue? I think that the Hon. Member made the remark, "saliva
test," and I think he withdrew the remark.
Interjections.
Deputy Speaker: The Hon. Member for Columbia River on
a point of order.
Mr. Chabot: Order, Mr. Speaker, prior to your taking
the chair as Deputy Speaker, the Speaker was in the process of
asking the Second Member for Vancouver–Little Mountain (Mr.
Cummings) to withdraw the word "liar" which he uttered just
before you took the chair. It hasn't been withdrawn, as far as
I know. I was wondering whether you were going to pursue the
matter raised by the Speaker, Mr. Deputy Speaker.
Deputy Speaker: On the point of order, I understand
the Hon. Second Member for Vancouver- Little Mountain (Mr.
Cummings) withdrew the remark. Would the Hon. Member rise in
his place and withdraw the remark once again so he may be
heard'?
Mr. R.T. Cummings (Vancouver–Little Mountain): Mr.
Speaker, I withdraw "saliva test."
Deputy Speaker: Order, please! I believe the word
ascribed to the Hon. Member which he quoted was "saliva test."
He said that he withdrew this remark. The Hon. Member….
(Laughter.)
Interjections.
Mr. Chabot: Very distinctly the Speaker suggested
that he had uttered the word "liar," and he was in the
process of asking him to withdraw it. I don't know who is
confused about who said what, but the Speaker suggested that
the Second Member for Vancouver–Little Mountain suggested that
the Member for South Peace River (Mr. Phillips) was a liar. He
was in the process of asking that Member to withdraw that
statement. Now, I'm sure the Speaker wouldn't put words in the
mouth of the Member for Vancouver–Little Mountain and I'm sure
the Speaker wouldn't assume having heard this word if it wasn't
true.
Deputy Speaker: On the point of order, I would just
make the point that the Speaker was of the opinion that he had
used this word. However, the Second Member for Vancouver-Little
Mountain (Mr. Cummings) corrected him and said that the words
he used were "saliva test" and he withdrew those words.
[ Page 4665 ]
Mr. Chabot: I don't think the Speaker has a right to
jump to conclusions. I think the Speaker must be able to
clearly and distinctly hear what is said in this chamber and
not jump to conclusions as to what a Member says in this house
and ask him to withdraw on the basis of his assumptions in this
House.
Deputy Minister: A correction was made. Would the