British Columbia Hansard — Monday, May 7, 2018, p.m., Issue 129 (41st Parliament, 3rd Session)
20180507pm-House-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, May 7, 2018
Afternoon Sitting
Issue No. 129
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Statements
Apology for comments made in the House
Hon. R. Fleming
Introductions by Members
Tributes
Les Wingrove
Hon. S. Robinson
Introductions by Members
Statements
Child Care Month
Hon. K. Conroy
Introductions by Members
Statements
Emergency Preparedness Week
J. Rice
Bike to Work Week
D. Routley
Introductions by Members
Introduction and First Reading of
Bills
Bill 33 — South Coast British Columbia
Transportation Authority Amendment Act, 2018
Hon. S. Robinson
Bill 19 — Protected Areas of British Columbia
Amendment Act, 2018
Bill 34 — Greenhouse Gas Reduction Targets Amendment
Act, 2018
Hon. G. Heyman
Statements (Standing Order 25B)
Diamond jubilee of Aga Khan
J. Routledge
B.C. Ambulance Service
N. Letnick
Mental health of children and youth
R. Leonard
Foundry youth mental health services
J. Thornthwaite
Multiple sclerosis
A. Kang
Chinese University of Hong Kong
T. Wat
Oral Questions
Impact of employer health tax on municipal
budgets
A. Wilkinson
Hon. C. James
T. Stone
Fishing industry quota system and support for young
fishers
A. Olsen
Hon. D. Donaldson
Fish health and wild salmon protection
A. Olsen
Hon. D. Donaldson
Impact of employer health tax on municipal
budgets
S. Bond
Hon. C. James
M. Stilwell
T. Redies
Emergency services at hospitals
J. Isaacs
Hon. A. Dix
Orders of the Day
Tabling Documents
Elections B.C., report of the Chief Electoral Officer on recommendations
for legislative change, May 2018
Committee of the Whole House
Bill 22 — Civil Resolution Tribunal Amendment Act,
2018 (continued)
M. Lee
Hon. D. Eby
Report and Third Reading of Bills
Bill 22 — Civil Resolution Tribunal Amendment Act,
Second Reading of Bills
Bill 20 — Insurance (Vehicle) Amendment Act, 2018
(continued)
J. Martin
S. Cadieux
A. Kang
Hon. D. Eby
Bill 18 — Local Government Statutes (Housing Needs
Reports) Amendment Act, 2018
Hon. S. Robinson
S. Sullivan
P. Milobar
A. Olsen
M. Hunt
Hon. S. Robinson
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Citizens’ Services
(continued)
Hon. J. Sims
M. de Jong
B. Stewart
S. Thomson
Estimates: Ministry of Children and Family
Development (continued)
D. Barnett
Hon. K. Conroy
J. Thornthwaite
L. Throness
MONDAY, MAY 7, 2018
The House met at 1:34 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
L. Reid: It is with tremendous admiration that I recognize the individuals
standing guard today, the honour guard and the senior executive of the B.C.
Ambulance Service. We’re joined by Mike Wright, Marilyn Oberg, Janis
Travaleen, Paul Valley, Glen Greenhill and, always, by the effervescent Lynn
Klein.
[1:35 p.m.]
Extraordinary. We’re in the presence of greatness, I believe. When we
call 911, these are the individuals that respond. I’d ask the House to
please give them the warmest welcome possible.
Hon. A. Dix: I’d like to join my colleague from Richmond South Centre. Members of
the House who were here during the last parliament will know it was under
the former Speaker’s direction that the Fallen Paramedics Memorial monument
was established here in the Legislature. It was an important day for
ambulance paramedics everywhere.
I encourage all members, if they haven’t been there — I know we often
are stuck in the House these days, but they’re there until seven o’clock
today, and they started at six o’clock yesterday — to join, behind the
Legislature at the monument, ambulance paramedics in paying tribute to their
fallen comrades but also to them and the work they do for us every
day.
I want to acknowledge some people, including Joe Smirh, Marilyn Oberg,
Janis Travaleen and Paul Valley, who are involved in that in various
capacities, but all of the ambulance paramedics who are taking
part in those
events over the next couple of days, ending at seven o’clock
tonight.
I also have the opportunity…. I think many members of the House were
in the Rattenbury Room today to get a presentation from occupational
therapists from across B.C. My colleague the Minister of Mental Health and
Addictions made sure that I understood and made the point that occupational
therapists also play a critical role in the mental health system in British
Columbia.
I wanted to introduce the following OTs. I may go into OT here on this
introduction, because there are quite a few: Giovanna Boniface; Sarah
Charles; Dr. Skye Barbic; Tracy Adams; Jeff Boniface; Laura Bulk; Andrea
McNeill; Amit Kumar; Allison Patterson; Stephanie Glegg; Meredith Blinkhorn;
Michelle Pidduck; Jeannette Boily; and Nicole Crampton, who’s the chief
occupational therapist of the University of Northern British Columbia,
interestingly. Finally, I wish the House would wish all of the OTs
welcome.
Also, many members on both sides of the House, joined by the Premier
and many members on the opposition side and from the Green caucus, were at
the lunch event provided by the MS Society today. It was a very moving event
where we heard stories about real people and their struggles with MS and
some of the things that we can do together to make people’s lives easier
and, of course, to find a cure.
I wanted to introduce Tania Vrionis, the president of the MS Society
of B.C. and the Yukon; Tracey Fresneda, the board chair; Charles Aruliah,
the manager of government relations; Marilyn Lenzen, Michelle Hewitt, Ed
Jackson; David Allin; Pippa Blake; Rahul Ray; Pauline Adams; Richard
Swinden; Alan Miller; and the Premier’s former boss Lynn Hunter, an advocate
extraordinaire, and her daughter Megan.
I wish the House would wish everyone who is joining us today
welcome.
R. Chouhan: Today on behalf of you, Mr. Speaker, I have the pleasure to introduce
a longtime friend of the Legislative Assembly.
Dr. Patrick Smith has been the academic director of the B.C.
legislative internship program since January of 2005 and has aptly provided
support and guidance to this great program for many years. He first became
involved with the internship program at the very beginning, in 1975, as part
of the selection committee. His involvement with the program has been steady
and true for over 40 years.
Dr. Smith holds both an undergraduate and graduate degree in political
science from McMaster University and his PhD from the London School of
Economics. As a professor of political science at Simon Fraser University as
well as the current director of the Institute of Governance Studies, his
research interests include public policy, local and metropolitan governance,
political parties and elections and, as well, all things politic. He has
authored and co-authored over a dozen books on these topics.
[1:40 p.m.]
He will be retiring as the academic director of the B.C. legislative
internship program this year. He will be greatly missed by many, especially
the parliamentary education office staff, who have had the honour to work
with and learn from him. He is passionate about the internship program and
the many learning opportunities that it brings to B.C.’s best and brightest
graduates and wishes the program continued success, just as all of us here
wish him the best in his well-deserved retirement.
S. Bond: I know that all of my colleagues in the House would be well aware of
the good work that’s done by the British Columbia Schizophrenia Society.
It’s a non-profit organization. It has a wide family-supporting network. I’m
really pleased to introduce three members of the organization that are here
today. Andrew Stewart is the operations manager. Tom Conway is the new
executive director.
I’m probably a little biased, but David Halikowski is here. He is from
Prince George. He served as the president of the organization. He is
certainly one of those hard-working volunteers that work right across the
province to improve the lives of people who are suffering with mental
illness. I know that my colleagues will want to make them most welcome
today.
Hon. J. Darcy: Today is the start of Mental Health Week and Child Mental Health Day,
and 2018 also marks the 100th anniversary of the Canadian Mental Health
Association in Canada. To celebrate these occasions, we are joined by 47
representatives of the CMHA from across British Columbia. They work hard
every day, whether they’re involved directly in
delivering services, whether it’s
involved in advocacy or whether it’s by volunteering their time. They make
an enormous difference in people’s lives every single day.
There are 47 guests today, so I’m not going to introduce all of them,
but I do want to especially acknowledge Bev Gutray, who is the CEO of CMHA
B.C. I also want to acknowledge one particular guest, Dr. Jean Moore, who
has been a lifelong advocate for the mental health of children and youth, a
long-time supporter of CMHA and also of First Call: B.C. Child and Youth
Advocacy Coalition.
I would ask all of the members of the House — I know that many of you
have met with them or will be meeting with them later today — to please make
them very, very welcome and join their call when they say: “Get loud about
mental health.”
S. Sullivan: I have four very special guests. Tom Gautreau is an entrepreneur and
job creator in Vancouver who contributes in many ways, including as a member
of the Audain Art Museum board. We also have Nick and Ben Gudewell, who are
a longtime business family in Victoria who are committed to the well-being
of all British Columbians. And especially my wife, my amazing Lynn, without
whom I would not be here today. Please make them all welcome.
Hon. J. Horgan: Joining us this in the members’ gallery this afternoon is Her
Excellency Natasha Smith, the new High Commissioner of Australia to Canada.
Along with her is her second secretary, Ms. Brittany Noakes, and the
honorary consul to Vancouver, Mr. Kevin Lamb.
The delegation is here to talk about relationships between Canada and
Australia, most importantly meeting with members of executive council today
and tomorrow. I’ll have the opportunity to meet with the delegation
tomorrow. I look forward to talking about the Australian test team
absolutely crushing the Brits in Sydney in the final test of The Ashes this
past summer in Australia. I know it was a great day for me, and a great day
for all British Columbians, to see Australia prevail once again with The
Ashes. I know all members will want to put cricket aside for now and welcome
our Australian friends here to the Legislature.
J. Thornthwaite: I would also like to put a little plug in for the occupational
therapists. I’m not going to go through the whole list — the Minister of
Health has already done that — but a special mention to a couple of my
constituents, Giovanna and Jeff Boniface. Will the House please make them
welcome.
Statements
APOLOGY FOR COMMENTS
MADE IN THE
HOUSE
Hon. R. Fleming: A couple of items. Firstly, on the last sitting day of the House,
I understand that I may have caused offence to the member for Prince
George–Valemount. This was certainly not my intention, and I want to
take this opportunity this afternoon to apologize to that
member.
[1:45 p.m.]
Introductions by Members
Hon. R. Fleming: On another entirely unrelated item of business, I want to make an
introduction, following on the Minister of Health’s introduction, to a
constituent of mine, Ms. Ginny Kenyon, who is an occupational therapist at
the Vancouver Island Health Authority. She is here, of course, with the
delegation from the Canadian Association of Occupational Therapists, B.C.
chapter. She’s a strong and persuasive advocate for her profession in my
community. I would ask the House to make her most welcome.
A. Weaver: Hon. Speaker, please let me join the Deputy Speaker in wishing a very
happy retirement to Dr. Paddy Smith as the academic director of the B.C.
legislative internship program.
For more than a decade, Paddy has balanced his duties as an academic
and director of the Institute of Governance Studies at SFU with his
legislative work. In my experience, frankly, those two worlds can indeed be
quite the balancing act. Paddy has had a hand in selecting the interns who
have assisted many of us in the House, and after years of asking for interns
in the Green caucus, we finally got two of our own — the amazing Alex
McGowan and the incredible Kayla Phillips.
For all of you who have contributed to the study of politics in B.C.
and the work that has been done in this House, thank you, Paddy, and enjoy
the well-earned retirement.
Hon. G. Heyman: Joining us today in the gallery are two old friends, longtime
activists and leaders of the Construction and Specialized Workers Union
Local 1611. I’ll start with Merrick Walsh, who is also a leader in the
retiree council, a tireless advocate for his members and for a better
community as well as very, very active in the community.
The other member, currently president of the retiree council, Bruce
Ferguson, is a very, very old friend of mine from our time in Terrace,
British Columbia, where we shared a mentor. Finn Ferguson taught me how to
work hard as well as to stand up for myself and was also, of course, Bruce’s
dad. Bruce has been a great leader in his union and in the
community.
Would the House please join me in making them both very, very
welcome.
E. Foster: I have four guests here in the House today from Vernon, and I speak
also on behalf of the member for Shuswap, because they represent an area in
his riding as well. From the Queen Silver Star Excellence ambassadors
program we have Queen Angitha, Princess MacKenzie and, accompanying them,
two long-suffering volunteers with the program. They’ve done a great job for
the community. They travel around the province with the ladies as they
represent the North Okanagan — Coleen Noel and Karen Humphreys. Would the
House please make them welcome.
Tributes
LES WINGROVE
Hon. S. Robinson: I have some unfortunate news from my community to share with the
House. A longtime lacrosse coach, manager and club executive, Les
Wingrove, passed away about ten days ago. He was just 74. He formed the
Coquitlam Minor Lacrosse Association in the early 1970s. He was a
manager of teams that won both the Minto and Mann Cups. He worked as the
director of operations and alternate governor for the Coquitlam Junior
Adanacs and as the assistant general manager and alternate governor for
the Western Lacrosse Association’s Langley Thunder.
He was an inductee, as a builder, into the Canadian Lacrosse Hall
of Fame. He was instrumental in the formation of the Coquitlam Sports
Hall of Fame. The family is encouraging donations to the Trevor Wingrove
Bursary Fund in lieu of flowers. I was friends with his son Trevor, who
died at the age of 42, in 2010, of cancer. It’s really heartbreaking for
this family to have yet another death.
There is a memorial to honour Les and his work, both for the
lacrosse community and for the Coquitlam community. It’s this Saturday
at one o’clock at the Poirier centre. I’m very proud of my community and
the volunteers who are putting this memorial together for everyone to
come together. I hope that the members of the House and the Speaker
share their condolences with the community.
Introductions by Members
N. Letnick: It gives me great pleasure to welcome Michelle Hewitt here from the
Kelowna–Lake Country riding. Also, her mom is accompanying Michelle —
Pauline Adams, from Great Britain, somewhere in that wonderful
country.
Michelle is a testament to what it really means to be an advocate for
people with diverse abilities. As you can see, Michelle drives an electric
go-cart. Sometimes she talks about how fast she can go in that wheelchair of
hers. I can tell you, Mr. Speaker, that I’ve seen her advocate not only for
people with MS in her riding, in her constituency and in her community but
for people with MS all across this country. It gives me great pleasure and
privilege to say that I’m her representative in this place.
[1:50 p.m.]
I’ve seen many changes that have happened over the last few years
because of Michelle’s advocacy for people with MS. Would the House please
help me welcome and congratulate her and all of the MS people.
Mr. Speaker: Minister of Jobs, Trade and Technology.
Hon. B. Ralston: Thank you, Mr. Speaker. I’d almost given up.
Joining us in the members’ gallery this afternoon is Dr. Tuti Irman,
the new consul general of the Republic of Indonesia in Vancouver. She’s here
on her first official visit and met with the Lieutenant-Governor at
Government House this morning. Would the House please make this new consul
general welcome here in British Columbia.
Hon. M. Mark: I’d like to welcome two guests that are in the House today from the
Kwantlen Student Association — Nicki Simpson, who’s the policy and political
affairs coordinator; and Caitlin McCutchen, the president of the Kwantlen
Student Association and the chair of the Alliance of B.C. Students. They’re
in the chambers today to advocate on behalf of their 19,000 members. Will
the House please join me in welcoming our guests today.
T. Stone: It’s not often that I get to stand and introduce folks who are here
from Kamloops–South Thompson, but today is one of those days — three
individuals. First off, I would like to welcome the mayor of the village of
Chase, Rick Berrigan, who is here today along with the CIO for the village
of Chase, Joni Heinrich.
Chase is a beautiful community, the western gateway to the Shuswaps.
It’s on the Little Shuswap Lake, which is the source of the South Thompson
River. It’s a vibrant, progressive community filled with people with big
hearts. Certainly, Mayor Berrigan and CIO Heinrich embody that to the nth
degree.
I would also like to welcome Aleece Laird, who is here with us today.
She’s an entrepreneur and small business owner, a larger-than-life
personality, someone who has done a tremendous amount to build the community
in Kamloops.
I would ask the House: please make Aleece and the mayor of Chase, Rick
Berrigan, and CIO Joni Heinrich welcome here today.
S. Furstenau: I’m delighted to introduce some folks up in the gallery today from
Citizens Climate Lobby. Laura Sacks, Judy O’Leary and Anni Holtby have come
from the Kootenays. As well, Caelen Cook and Kayla Brent are here. Citizens
Climate Lobby is a group of citizen advocates who are working to create the
political will for a livable climate, something very important when we talk
about intergenerational equity.
Statements
CHILD CARE MONTH
Hon. K. Conroy: Seeing as we weren’t here last week, this is my first opportunity
to recognize that May is Child Care Month, an opportunity to highlight
the importance of improving access to affordable, quality child care
throughout B.C., as well as to acknowledge the amazing people right
across the province who are involved in child care, including child care
providers, licensing officers, instructors of early childhood educators
and early childhood educators themselves.
In fact, I had the honour, along with our Minister of State for
Child Care and the Minister of Education, to address the Early Childhood
Educators of B.C. Conference on Friday. I have to tell you it was a room
full of energized people excited about the changes coming in B.C. — not
only what it means to them but what it means to families and children
that they provide services to.
I also want to point out that the CEO, Don Giesbrecht, of the
Canadian Child Care Foundation was there. He said it was the first time
ever that he’d been at a provincial or national conference where three
ministers were actually there talking about child care and acknowledging
the commitment of child care in this province.
Please join me, all, in recognizing that May is Child Care
Month.
Introductions by Members
L. Reid: I wish to acknowledge the presence of Ron Woodward, longtime civil
servant, a professional, dedicated individual, outstanding human being. I’d
ask the House to please make him welcome.
Statements
EMERGENCY PREPAREDNESS WEEK
J. Rice: Today I’d like to recognize two partners in preparedness, but let
me tell you why first. According to a PreparedBC survey, many British
Columbians aren’t prepared for disaster and don’t have the supplies
necessary to take care of their families. So for this week, which is
Emergency Preparedness Week, our governments and our partners are
committed to changing this.
We’re launching the Partners in Preparedness program to help more
British Columbians get prepared. Under the program, B.C. retailers will
champion emergency readiness by promoting and selling disaster supplies
in their stores.
[1:55 p.m.]
I’m thrilled to announce the first two B.C. retailers to come on
board, London Drugs and Save-On Foods. British Columbians will be able
to visit these retailers and grab a premade emergency supply list and
build their kits in one big shopping trip — one easy shopping
trip.
I’d like to call on all British Columbians to get their kits
stocked and ready to go. And I encourage all B.C. retailers to get on
board with the Partners in Preparedness program.
BIKE TO WORK WEEK
D. Routley: I’d like to remind the members about Bike to Work Week, otherwise
known as “bad hair week.” This is a week where it’s casual Friday for
your head every morning, all week. If you’re really serious, you come to
work with four or five faux hawks from your helmet, and then you can
really high-five your workmates.
Personally, I’ve been riding for 40 years, avidly. I calculate
that I’m on my seventh trip around the equator — not literally but
figuratively. I celebrated this momentous occasion on the weekend by
crashing into a house. It was a doghouse. It was my dog’s doghouse. It
was not a clean dismount, but it proves that it’s always fun to ride a
bike.
People out there have made a choice. They’ve made a choice for
climate, but it’s fun. They’ve made a choice for their health, but it’s
fun. They’ve a made a choice for public health, but it’s fun. For me,
riding a bike is just plain fun, and that’s enough.
Introductions by Members
G. Kyllo: We’re joined in the House today by some very dear friends of mine,
Marie Kolenosky and Linda Hawes from Salmon Arm. They ventured all the way
down to the Legislature to participate in the pro-resource rally on the
front steps of the Legislature just over the noon hour. Would the House
please make them feel very welcome.
A. Wilkinson: Just a quick word to thank Prof. Paddy Smith. I met him 25 years ago
in the B.C. Civil Liberties Association — which, for better or worse, has
generated a few members of this House. He has committed his career to the
integrity of the democratic process, spent untold hours training and
preparing our interns, and we owe him a great debt of thanks.
Introduction and
First Reading of Bills
BILL 33 — SOUTH COAST
BRITISH COLUMBIA TRANSPORTATION
AUTHORITY AMENDMENT ACT, 2018
Hon. S. Robinson presented a message from Her Honour the
Lieutenant-Governor: a bill intituled South Coast British Columbia
Transportation Authority Amendment Act, 2018.
Hon. S. Robinson: I move that Bill 33, the South Coast British Columbia
Transportation Authority Amendment Act, be introduced and read a first
time now.
I’m pleased to introduce this act into the House. The Lower
Mainland continues to experience significant and sustained growth. This
is a good sign of the region’s livability and its attractiveness to
residents, to visitors and to businesses. With growth, however, can come
significant pressures. In the Metro Vancouver area in particular, people
are facing growing congestion. They are spending too much time stuck in
traffic instead of being at home with their friends or their
family.
We are committed to making life more affordable, delivering the
services that people can count on and building a strong, sustainable and
innovative economy that works for everyone. Part of this commitment
includes partnering with TransLink and the Mayors Council to develop
lasting, effective and fair solutions to the region’s transportation
needs. The Mayors Council has developed a bold ten-year vision for
transportation in Metro Vancouver — transportation that proposes
significant new service expansions and the transit infrastructure that
people need.
The legislation that I’m introducing today would provide TransLink
with new development cost charge authority that they have requested.
This authority will help ensure that the necessary funds to deliver
these service expansions are available and that proposed amendments are
based on similar authorities that are already available to both local
governments in the greater Vancouver sewerage and drainage district. It
would give TransLink the authority to impose development cost charges
across the transportation service region and to use the funds for the
capital cost of expanding TransLink’s regional transportation
system.
With Metro Vancouver’s expectation to grow by a million people by
2040, these projects are critical to support the substantial regional
growth. The proposed authority has been designed to ensure transparency
and accountability and will also ensure that housing affordability in
the region, which we all know is a significant need, will not be
compromised. A new development cost charge authority will help TransLink
fund the region’s share of needed new transit expansion and help to
ensure that new growth which benefits from a healthy transportation
system is paying its fair share.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
[2:00 p.m.]
Hon. S. Robinson: I move that the bill be placed on the orders of the day for second
reading at the next sitting of the House after today.
Bill 33, South Coast British Columbia Transportation Authority
Amendment Act, 2018, introduced, read a first time and ordered to be placed
on orders of the day for second reading at the next sitting of the House
after today.
BILL 19 — PROTECTED AREAS OF
BRITISH COLUMBIA AMENDMENT
ACT, 2018
Hon. G. Heyman presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Protected Areas of British Columbia
Amendment Act, 2018.
Hon. G. Heyman: I move that the bill be introduced and read a first time
now.
This bill contains amendments to two acts: the Protected Areas of
British Columbia Act and the Parks and Protected Areas Statutes
Amendment Act, 2003. This bill contains amendments that allow our
government to move forward with ongoing reconciliation efforts with
Indigenous peoples. Three class A parks will be renamed with an
Indigenous name to reflect the historical and cultural significance of
these areas to individual First Nations.
The bill also continues the annual practice of adding lands to
protected areas, improving protected area boundary descriptions,
correcting administrative errors and occasionally removing portions for
public safety or access reasons.
Amendments to the Protected Areas of British Columbia Act will add
lands to an existing conservancy on Haida Gwaii, add lands to ten
existing class A parks, modify the boundaries of five parks, improve
boundary descriptions, replace metes and bounds with official plans and
correct administrative errors.
The bill also amends the Parks and Protected Areas Statutes
Amendment Act, 2003. It repeals an amendment in the aforementioned act
related to Graham-Laurier Park that was never brought into force and is
no longer needed.
On an administrative note, I want to point out to all members that
the Office of the Clerk will be provided with copies of the official
plans, mapped boundaries for their review that depict the boundaries of
most of the protected areas in this bill. In addition, the official
plans will be posted on the B.C. Parks website.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
Hon. G. Heyman: I move that this bill be placed on the orders of the day for
second reading at the next sitting of the House after today.
Bill 19, Protected Areas of British Columbia Amendment Act, 2018,
introduced, read a first time and ordered to be placed on orders of the day
for second reading at the next sitting of the House after today.
BILL 34 — GREENHOUSE GAS REDUCTION
TARGETS AMENDMENT
ACT, 2018
Hon. G. Heyman presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Greenhouse Gas Reduction Targets
Amendment Act, 2018.
Hon. G. Heyman: I move that the bill be introduced and read a first time
now.
This bill contains amendments to the Greenhouse Gas Reduction
Targets Act. The Greenhouse Gas Reduction Targets Act is renamed the
Climate Change Accountability Act and will be the foundation of a
renewed climate action strategy to be released in the fall of
These amendments will establish new greenhouse gas reduction
targets to set a clear path to the 2050 target. They will also expand
the scope of the act to include public reporting on government climate
adaptation measures. Specifically, the amendments set new legislated
targets of a 40 percent reduction in carbon emissions from 2007 levels
by 2030 and a 60 percent reduction from 2007 levels by 2040.
It also repeals the 2020 target of 33 percent reduction, which the
previous government stated could not be met. A lack of effective climate
policies that build on the success of early climate action in B.C. put
the 2020 target out of reach today.
This bill also enables sectoral greenhouse gas emission reduction
targets to be set by ministerial order. The legislation will also
address the 2018 Auditor General’s report recommendation to require
detailed public reporting on how the province is preparing for climate
change.
Beginning in 2020 and continuing every other year, the risks of
climate change to the province and the steps taken to mitigate that risk
will be reported. With the input of the Climate Solutions and Clean
Growth Advisory Council and engagement with industry and other
stakeholders, B.C. is charting a new path to meet our climate goals and
targets.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
[2:05 p.m.]
Hon. G. Heyman: I move that this bill be placed on the orders of the day for
second reading at the next sitting of the House after today.
Bill 34, Greenhouse Gas Reduction Targets Amendment Act, 2018,
introduced, read a first time and ordered to be placed on orders of the day
for second reading at the next sitting of the House after today.
Statements
(Standing Order 25B)
DIAMOND JUBILEE OF AGA KHAN
J. Routledge: Prince Shah Karim Al Hussaini, His Highness the Aga Khan, is
visiting Vancouver today as part of a world tour to mark his diamond
jubilee, or the 60th year of his reign. The Aga Khan is a direct
descendant of the Prophet Muhammad and the 49th imam, or spiritual
leader, of 15 million Shia Ismaili Muslims around the world, including
120,000 in Canada and 20,000 in B.C.
His Highness’s visit provides an occasion for Ismailis to express
their gratitude to him for his leadership and for dedicating his life to
the improvement of the quality of life around the world. Over the past
few months, the Aga Khan has paid official visits to parts of the world
with significant Ismaili populations. To date, these include East
Africa, Pakistan, the United Arab Emirates, India and the United States
of America.
His Highness’s diamond jubilee has inspired a number of
international projects and initiatives to eliminate poverty and ensure
access to education, early childhood development, quality health care,
safe and secure housing, economic opportunities, as well as cultural
initiatives.
Canadian projects under development include a public park in
Burnaby. In fact, the Ismaili Centre in Burnaby is a legacy of His
Highness’s silver jubilee. Over the last 50 years of Ismaili settlement
in Canada, the community has sought to contribute to the fabric of
Canadian society by being involved in many spheres of public life and
through regional programs that demonstrate the ethic of volunteerism and
compassion.
To commemorate both Canada’s 150th anniversary and His Highness
the Aga Khan’s diamond jubilee, the Ismaili community has pledged, and
surpassed, one million hours of service to improve the quality of life
in Canada.
Please join me in welcoming His Highness the Aga Khan to British
Columbia.
B.C. AMBULANCE SERVICE
N. Letnick: I rise today to echo the earlier comments of the hon. Minister of
Health and offer an expanded view of our world-renowned B.C. Ambulance
Service. The rationale for the creation of the service was to end the
patchwork and duplication of hundreds of different agencies or
organizations that provided some kind of ambulance service to the people
of British Columbia.
Communities in B.C. had some level of ambulance service operated
by various organizations or private providers. However, volunteers
served most communities with little access to financial resources,
equipment and training. In many areas, there was no ambulance service at
all.
In 1972, a full review of health care in the province was
conducted, and in ’74, an independent governance board was created,
known as the Emergency and Health Services Commission. Over the past 44
years, major advances in the service have been made with respect to
skills, education for paramedics and the latest in equipment.
Today the British Columbia emergency health services is the agency
responsible for the oversight and operation of the B.C. Ambulance
Service. Currently the BCAS moves an average of 1,500 patients every day
via air, land and sea. The B.C. Ambulance Service is the only public
ambulance provider in the province and is, in fact, still the only
provincial ambulance service in Canada. It’s one of the largest
ambulance services in the world in terms of complexity, scope of
practice and area of response.
The official motto of the service is: “One team, one goal, working
together for life.” Our B.C. Ambulance Service is staffed by highly
skilled individuals at all levels of the organization, where care,
compassion and respect are their guiding principles.
I ask the House to join me in honouring all members of our B.C.
Ambulance Service and, especially on this day, to remember their fallen,
who have paid the ultimate price in service to our province.
MENTAL HEALTH OF CHILDREN AND YOUTH
R. Leonard: This week is Mental Health Week, and starting the week today is
National Child and Youth Mental Health Day. I’d like to acknowledge the
Canadian Mental Health Association, which serves over 100,000 people in
B.C. each year.
[2:10 p.m.]
Sadly, only a third of B.C.’s 84,000 children and youth
experiencing mental health problems are connected to the help they need.
One in five adults in B.C. experiences mental health and/or substance
use problems, and we are certainly all aware of the devastating opioid
crisis.
The Hedican family from my community, after losing their son to an
overdose, is speaking out with passion and conviction about the need to
overcome stigma. How do we seek help if we are marked by shame and
disapproval? A number of years ago there was a rash of five teen
suicides in Courtenay-Comox. It was devastating to the families and
frightening for all of us. It was a very painful lesson about the
effects of stigma and the need for supports and services when and where
they are needed.
We now have the first Ministry of Mental Health and Addictions in
Canada. The focus: ask for help once, and get help fast. Every door is
the right door. The Ministry of Education is providing more supports in
schools for early intervention and prevention so that our kids can have
the best start possible. There’s an expanding network of Foundry
centres, one-stop shops for youth services, in many
communities.
a
part in eliminating stigma. Everyone, let’s join the conversation with
personal, caring conversations in support of mental wellness. Be kind;
be open. You might just change someone’s life, maybe even your
own.
FOUNDRY YOUTH MENTAL HEALTH SERVICES
J. Thornthwaite: In honour of Mental Health Week, I’d like to talk about a man on a
mission.
In 2014, I met Dr. Steve Mathias, founder and medical manager of
the inner-city youth mental health program at St. Paul’s Hospital. Steve
started the Granville Youth Health Centre and wanted to implement the
successful integrated, one-stop-shop model provincewide. He modelled his
vision after Australia’s national network of mental health facilities,
Headspace. A fellow North Vancouver resident, Steve and I began on a
year-long journey to lobby the Ministers of Health and of Children and
Family Development on this prominent vision to transform youth mental
health in B.C.
From that, Foundry was born, with Dr. Steve Mathias as its
executive director. The idea behind Foundry was to create a hub of
one-stop shops where youth can access mental health care, substance use
services, primary care, social services, and youth and family peer
support services. Foundry brings a wide range of partners, stakeholders
and service providers together, partnering under one roof.
Our government first introduced and broke ground on five sites,
including Abbotsford, Campbell River, Kelowna, North Vancouver and
Prince George, with five more promised in Budget 2017. This includes
Victoria, which officially opened its location last week. I had the
privilege of visiting last March. When I visited Foundry Victoria, the
waiting room was already full.
I’m very pleased to see that this new government has recognized
the transformative nature of these Foundry centres and has agreed to
keep this valuable service going. However, it does not mean we should
stop there.
Foundry needs to be expanded to every community across the
province, and they need to be connected to the schools. In my opinion,
there needs to be a location at every post-secondary institution in
British Columbia. This will go a long way to help reduce the stigma
surrounding mental illness and ensure that all children, youth and
families will have timely access to qualified mental health
care.
MULTIPLE SCLEROSIS
A. Kang: May is Multiple Sclerosis Awareness Month in B.C. Multiple
sclerosis is a chronic, often disabling disease of the central nervous
system, comprising the brain, spinal cord and optic nerve. It is one of
the most common neurological diseases affecting young adults in
Canada.
Most people with MS are diagnosed between the ages of 15 and 40.
Additionally, women are three times more likely to develop MS than men.
Every day people living with MS do whatever it takes to move their lives
forward, despite the challenges. By sharing their stories, we help
people better understand life with MS and become inspired to do whatever
it takes to change the world for people living with MS.
[2:15 p.m.]
Jamie-Lynn Sigler, The Sopranos actress, was initially
diagnosed at the age of 20 and was symptomless for a long time. It was
during the last decade that she began to struggle with the often
unpredictable effects of the disease. She says: “I can’t walk for a long
time without resting. I cannot run…. When I walk, I have to think about
every single step, which is annoying and frustrating.”
MS impacts all Canadians, not only the individuals living with the
disease but also their friends, families, workplaces and health care
teams. The unpredictable and often episodic nature of the disease makes
it particularly difficult for people affected with MS to maintain an
adequate quality of life.
Through their work, the MS Society provides services to people
with MS and their families, and funds research to find the cause and
cure for this disease.
May 30 is World MS Day. Multiple sclerosis — that’s why I keep
saying MS — may be a part of who you are, but it doesn’t define who you
are. MS can’t take that away from you. You are a very special
person.
Thank you so much to the MS Society for your efforts in supporting
Canadians living with MS. Together we can do whatever it takes to change
the world for people with MS. Thank you so much for all your good
work.
CHINESE UNIVERSITY OF HONG KONG
T. Wat: I rise today to speak about the Chinese University of Hong Kong,
CUHK, the university where I completed my first academic degree, a
bachelor of social science.
Stepping into its 55th year, CUHK is one of the top and is the
second-oldest comprehensive research universities in Hong Kong, with an
undergraduate student population of 16,700 and a postgraduate population
of 12,600. There are 7,000 non-local students coming from 50 countries
and regions all over the world.
CUHK has the largest campus in Hong Kong and has been named the
most innovative university in Hong Kong. I’m proud to be one of the
200,000 alumni, many of whom have been making many achievements in
various professional areas and contributions to the world.
I’m honoured to have been appointed as one of the 12 founding
members of CUHK’s global alumni advisory board and one of only two
Canadian alumni advisers. Together with 11 other fellow alumni from all
over the world — places such the United States, England, China, Hong
Kong, Korea and Singapore — I recently attended the first board meeting
in Hong Kong. We have a realistic and objective evaluation of CUHK and
are open in terms of dialogue on the opportunities and challenges facing
the university.
There are over 120 alumni associations at home and abroad. One of
them is the Alumni Association of the Chinese University of Hong
Kong–British Columbia. The association of over 400 members organizes
activities throughout British Columbia throughout the year, connecting
fellow alumni.
My sincere thanks to the alumni members in B.C. for their
contribution to our province’s culture and economy, making B.C. a most
diverse and vibrant place to live.
Oral Questions
IMPACT OF EMPLOYER HEALTH TAX
ON MUNICIPAL
BUDGETS
A. Wilkinson: About a year ago, we were in an election. The now Premier told
British Columbians that the only taxes his government, if it came to be,
would introduce were those laid out in the NDP platform. This promise
has been repeatedly broken in the last ten months.
A new report by the Union of B.C. Municipalities — we all know
about the UBCM; it represents hundreds of municipalities around this
province and is close to the voters — has confirmed what we have been
telling the government for some time: that the employer health tax will
double the cost to these communities in the coming year and quadruple
their costs in 2019.
Will the Premier finally accept that British Columbians will have
to pay, through their property taxes, for his newly inspired employer
health tax?
[2:20 p.m.]
Hon. C. James: It is no surprise to me that the other side would stand up and say
that they were against giving a break to families and individuals by
cutting MSP premiums $1,800 a year for families and $900 a year for
individuals. Instead, what the other side decided to do was double MSP
premiums and add costs to families.
We are addressing affordability. Municipalities will make the
decisions that they need to make. Let’s remember that they are saving 50
percent this year on MSP premiums. They will save 100 percent on MSP
premiums when they’re eliminated, and families will save in their
community.
Mr. Speaker: The Leader of the Official Opposition on a
supplemental.
A. Wilkinson: The Finance Minister’s increasing disconnection with reality is
starting to become clear.
The Premier never told British Columbians there would be an
employers health tax. It never was suggested in the election campaign
that municipalities would be forced to raise property taxes. Here we
are, with the UBCM, the British Columbia municipalities
concluding…
Interjections.
Mr. Speaker: Members, if we may hear the question.
A. Wilkinson: …that “implementation of the employers health tax will lead to
property tax increases for the majority of British Columbia.”
There we have it. Residents in our city of Vancouver are going
from paying $2.5 million in MSP premiums this year to an eventual bill
of $17.5 million in 2019, which will of course be passed through to the
taxpayers. Yet we have the member for Vancouver–Point Grey refusing to
meet with taxpayers.
Interjections.
Mr. Speaker: Members, we shall hear the question.
A. Wilkinson: Mr. Speaker, that is typically known as nervous
laughter.
When will this Premier acknowledge that the tax grab he has
engaged in is going to flow through to every property tax payer in this
province?
Hon. C. James: What is going to flow through to families is $1,800 a year in
savings. What will flow through to individuals will be $900 in savings.
Municipalities have the option to make the decisions they do, but even
if a municipality decides that they’re going to look at a small increase
to address this, families will still be further ahead because of the
savings they are going to get here.
I would like to ask the member across the way…. I am guessing that
what you are saying to British Columbians is: “Throw away affordability.
Let’s keep the unfair, regressive MSP premiums in this
province.”
Mr. Speaker: The Leader of the Official Opposition on a second
supplemental.
A. Wilkinson: This is a classic example of a Finance Minister who needs to do
some homework. So 600,000 people in the city of Vancouver — their taxes
go up by $17.5 million. That means a net loss to me and to the members
opposite who represent Vancouver. Somehow the Minister of Finance tells
us this a good deal. Well, thank goodness she’s not in retail, because
we’d all go broke in her store.
These taxes in Vancouver are going up sevenfold. A sevenfold
increase in taxes in the city of Vancouver, and somehow this is being
portrayed to us as a good deal. The members from Vancouver, represented
in this room, refused to listen to their constituents on this
issue.
When will the Premier accept that this is a net increase in
taxation, and this presentation from his Finance Minister is a facade?
Taxes are going up, not down.
Hon. C. James: It doesn’t surprise me that the other side would find it very
difficult to understand affordability because they did nothing for
families for 16 years.
It is no surprise to me that the other side would not understand
that we said we were going to get rid of MSP premiums, and by 2020, we
are going to do that in this province. Being responsible, as other
provinces have done, we are bringing in an employers health tax.
Businesses who have a payroll under $500,000 will not pay the employers
health tax. There will be a savings for families. It’s a good deal for
British Columbians, and we are moving ahead on our
commitment.
[2:25 p.m.]
T. Stone: Higher personal income taxes, higher carbon taxes, the speculation
tax, the employer health tax, higher prices at the pumps — affordability
brought to you by the NDP government of British Columbia. The facts are
clear. The NDP are replacing the MSP with a much higher tax
grab.
Here’s what the Union of B.C. Municipalities had to say
recently.
Interjections.
Mr. Speaker: Members, we shall hear the question.
T. Stone: “Increased employee MSP-related costs for communities like
Vancouver, Saanich, Victoria and Burnaby will run into the millions.”
Now, Burnaby will pay $4.4 million next year. That’s up from over $100
million in MSP costs today. The NDP MLAs across Burnaby are not
listening to their community.
To the Minister of Municipal Affairs, what has she told the UBCM?
Should communities cut services, or should they raise property
taxes?
Hon. C. James: I’m sorry. Coming from the member from the old side, the old
government that left us with over a $1 billion hole in ICBC that the
taxpayers of British Columbia are having to pay for…. If there’s
something to get angry about, I’d get angry at what you’ve done to the
public of British Columbia about ICBC.
Mr. Speaker: Kamloops–South Thompson on a supplemental.
T. Stone: Well, it’s not just all of the NDP MLAs from Burnaby who are
missing in action on this file. The member for Port Moody–Coquitlam has
also failed to listen to his community. Let’s look at the cost of this
NDP tax for Port Moody. This year they paid $130,000 in MSP. Next year
the cost will increase to $715,000. The UBCM says communities face a
choice of reducing services, increasing property taxation, or
both.
My question, again, to the Minister of Municipal Affairs, who is
responsible for communities in this province. I’m wondering if the
minister could let us know whether she has advised the city of Port
Moody to raise property taxes for their taxpayers or to cut services in
that community.
Hon. C. James: I would say to the member across the way: 50 percent savings in
those MSP premiums as of January 1 this year, 50 percent savings next
year for those municipalities. Most importantly, 100 percent savings for
families in 2020, which means $1,800 in a family’s pocket every single
year.
FISHING INDUSTRY QUOTA SYSTEM
AND SUPPORT FOR YOUNG
FISHERS
A. Olsen: Young fishermen and fisherwomen in once-thriving resource
economies on the coast have been priced out of the industry. The
commercial fishery is organized into a system of quotas, effectively
privatizing a natural resource owned by all British Columbians.
Fisherwomen and fishermen have to pay 70 percent of the landed value of
their catch to the corporation that owns the licence. It has become
increasingly difficult for fishermen to support themselves and their
families, so much so that the number of people fishing commercially in
B.C. has dropped from about 20,000 in 1985 to 5,000 in 2015.
The federal government is doing a review of the Atlantic quota
system but refusing to do the same for our coast. Young fisherwomen and
fishermen are lobbying Ottawa, the federal government, on their own
behalf to change the quota system. They’re the future of commercial
fishing in B.C. and proving to be leaders of coastal communities. The
provincial government has a real opportunity to be more vocal advocates
for our youth leaders.
[2:30 p.m.]
My question to the Minister of Forests, Lands, Natural Resource
Operations and Rural Development: what substantive action is the
province taking to support these young British Columbians?
Hon. D. Donaldson: Thank you for the opportunity to speak on such an important topic,
young people and the future of our fisheries resource in the province.
Absolutely, B.C.’ers should be benefiting from the resources in the
oceans that they have, the communities have, at their front
doorsteps.
I can remember people in the area that I represent being upstream
benefactors of the fisheries resource. There used to be processing
facilities where there’d be an annual migration of people from upstream
communities. This just wasn’t in my constituency but around the
province, down to the coast — the benefit from the kinds of jobs that
the member talks about. Today these fisheries are still an economic
driver in coastal communities and need to be protected for tomorrow and
into future generations.
I know the member knows that the Department of Fisheries and
Oceans is responsible for the licensing he refers to around
owner-operator and around fleet separation policy.
While we’re pleased to hear about the federal changes to the
Fisheries Act, we will be working closely, and we welcome the
opportunity to work closely, with the Department of Fisheries and Oceans
to ensure that B.C.’s interests are maintained in terms of conservation,
which is primarily our responsibility; advancing reconciliation
objectives, which again is part of this government’s important mandate;
and maximizing the economic benefits, in return, to British
Columbians.
Mr. Speaker: Saanich North and the Islands on a supplemental.
FISH HEALTH
AND WILD SALMON
PROTECTION
A. Olsen: Yes, absolutely, I know that the Department of Fisheries and
Oceans has lots of jurisdiction when it comes to our fisheries in the
province of British Columbia, and the provincial government has a lot of
responsibility and is banging the drum very loudly for our economy and
the economy of our coastal communities. That’s what I’m encouraging the
government to do.
Canada’s Commissioner of the Environment and Sustainable
Development released a report last month that I talked about in question
period. It concluded that DFO has not adequately managed the risks
associated with the salmon farming industry and is failing its mandate
to protect wild fish.
Compounding that dismal report, scientists have now discovered and
confirmed that the highly contagious virus impacting Atlantic salmon now
also harms Pacific salmon and can pose a serious threat to B.C.’s
declining wild salmon populations if it spreads. Researchers found
samples in farmed chinook and Atlantic salmon and confirmed the presence
of the highly contagious piscine reovirus in both species. Fish farmers
said it’s not a problem; it’s not a problem in their farms. The lead
author of the study, Kristi Miller from the DFO, said that something
else is at stake here, and we have risk to the wild salmon.
My question, again, is to the Minister of Forests, Lands and
Natural Resources. As I said in my morning statement, I have a
commitment to ensuring our children and future generations inherit a
world with salmon. How many more studies is it going to take before this
government steps in?
Hon. D. Donaldson: I welcome the efforts of the member around ensuring that we have
sustainable fisheries in B.C. and, again, point out that the federal
responsibility in this area is paramount. However, we are focusing on
what is within our jurisdiction constitutionally — that is, habitat
protection to ensure that sustainable fisheries are able to proceed into
the future; spawning channel concerns that we have jurisdiction over;
sport fishing regulations as they apply to populations of endangered
species and species at risk; and, of course and especially, upholding
the Department of Fisheries and Oceans’ responsibilities with respect to
fish health.
We’ll be continuing to do this. I look forward to further
discussions with the member on ensuring that this opportunity is
available, not just today but enhanced into the future for young people,
as he points out, and fishing-dependent communities all up and down the
coast.
[2:35 p.m.]
IMPACT OF EMPLOYER HEALTH TAX
ON MUNICIPAL
BUDGETS
S. Bond: Perhaps one of the other things we want to remind the Finance
Minister of today…. One of the other things she inherited was the
best-performing economy in the country, the number one job creator, five
balanced budgets and a triple-A credit rating.
To the Minister of Finance, it’s not just members on this side of
the House that are making statements today about the tax that’s being
imposed. In fact, this minister is looking elected officials in the eye
and simply saying they’re wrong. Well, let’s look at who else is
concerned about her tax regime: Victoria, Oak Bay, Saanich, Esquimalt,
View Royal. I don’t see their members sitting on this side of the House.
They are all saying property taxes will go up as a direct result of the
surprise NDP tax.
If the minister won’t listen to this side of the House, perhaps
the government will listen to a former NDP leadership candidate and now
mayor of Oak Bay, Nils Jensen. He says this will means higher property
taxes or “less on roads, sewers or water.”
To the Finance Minister, are Mayor Nils Jensen and the Union of
B.C. Municipalities wrong, or will British Columbians pay higher taxes
and receive fewer services?
Hon. C. James: I have, in fact, had conversations with a number of those mayors
and a number of mayors in municipalities around the province. It is up
to the municipalities how they determine their budgets. I would not
dream to tell them how they should manage their budgets. That is their
choice to determine how they manage their budgets.
I can tell you that when we are talking with British Columbians,
what British Columbians are saying is that it’s about time that we ended
being the last province with medical service premiums and got rid of
that regressive tax in British Columbia.
John is a retired senior. He’s going to save $900 a year thanks to
MSP. John says: “I completely strongly support the elimination of the
MSP. I’m retired. I’m going to use it for general living expenses, since
I’ve been having difficulty making ends meet here in the most expensive
region in Canada.”
We are going to continue to stand up for British Columbians and,
like every other province has done, eliminate medical service premiums,
a regressive tax brought in and doubled by the other side.
Mr. Speaker: The member for Prince George–Valemount on a
supplemental.
S. Bond: The Minister of Finance just doesn’t get it. The Minister of
Finance has introduced a surprise tax on municipalities across British
Columbia, and the only choice that she is giving them is whether to
raise taxes or to reduce services.
Let’s look at what the Finance Minister’s very own mayor has to
say about the higher NDP tax. Mayor Lisa Helps said: “It is not a wash.
Businesses will be impacted. Municipalities will be impacted.
Universities will be impacted. Everybody will be impacted. Even the
United Way will be impacted. So what — are they going to raise more
money to pay for the employer health tax?”
Will this Finance Minister today listen to the Union of B.C.
Municipalities, respected leaders across British Columbia, rethink her
half-baked tax, as her own mayor is demanding?
Hon. C. James: I have to say to the people of British Columbia, when they hear
from the other side, who doubled MSP premiums, who made it more
difficult for people…. We are making a choice on behalf of British
Columbians to address their affordability issues and saving them money
each year with the elimination of their medical service
premiums.
I have had conversations, as I said, with municipalities. If
municipalities make that choice, even with the small increase, the
savings for families will be much greater. They will be better off in
British Columbia. That is the direction of our government that we are
going to continue — a focus on people in British Columbia, unlike the
other side.
[2:40 p.m.]
M. Stilwell: This minister seems to think that they’re making a choice, but
they’re not giving municipalities a choice at all. What they’re doing is
downloading. That’s what it’s called. It’s downloading, not giving them
a choice.
Saanich is one of the communities that is hardest hit by this new
NDP employer health tax. This year the MSP cost to the municipality was
$208,000. Next year, though, Saanich will see and pay almost $2 million
in the MSP and the new NDP tax. According to the municipality’s director
of finance, this will not only mean increases to property taxes, but it
will also mean increases to water and to sewage rates.
Will the Minister of Municipal Affairs explain to Saanich
residents why they should pay this new NDP tax grab through higher
property taxes, higher water rates and higher sewage rates?
Hon. C. James: I want to quote from Ray. Ray is a senior in his 70s. He’s going
to save $900 a year thanks to the elimination of the medical service
premiums. Ray says he’s going to use the money that he saves to
contribute to his grandchildren’s education. His granddaughter is in
college, and his grandson is in grade 12. They deserve a good education,
and he loves to help them.
I’d like to ask the member on the other side: what’s the choice of
the other side — continue medical service premiums for families in
British Columbia, continue to see the double increase that the other
side did or cut health care programs and health care
services?
We are doing the responsible thing. We are saving family
resources. We are protecting health care spending so we can ensure the
good services that people rely on in British Columbia. It’s the
responsible thing and the affordable thing for families.
Mr. Speaker: The member for Parksville-Qualicum on a supplemental.
M. Stilwell: What the members on the opposite side are doing is playing a shell
game, moving things around. Does Ray own his house? His property taxes
are going to go up. He’s going to pay more for water and more for sewage
rates too.
The NDP’s new tax will cost Saanich residents an extra $1.78
million, but that’s not all. UBCM also found that “the impact on Saanich
property owners could be compounded with increased levies for the
capital regional district and hospital district, B.C. Assessment and
B.C. Transit, which would also be subject to the employer health tax and
facing the same challenges to fund it.”
When will the minister rethink this half-baked NDP tax grab and
start listening to the communities?
Hon. C. James: I will remind the member again: we’re the last province left with
medical service premiums. What did other provinces do? They decided to
put in place an employers health tax and a payroll tax to be able to
bring the resources in for health care.
It’s the responsible approach. Other provinces have moved in that
direction. We are saving families dollars, and we are protecting health
care spending. That’s what the people expect their government to do for
them.
T. Redies: The Comox Valley regional district paid $202,000 in MSP last year.
Next year they’re going to pay $337,000, with the NDP’s new payroll tax.
In Courtenay, they paid $92,000 this year. Next year the NDP tax will
cost them $317,000. But the member for Courtenay-Comox isn’t listening
to her community.
Can the Minister of Municipal Affairs explain why residents in
Courtenay and Comox will have to pay higher property taxes to replace
the MSP?
Hon. C. James: I appreciate the member raising the issue, and as I said, I’ve
continued to talk to municipalities.
But in the end, their families, which the municipalities also
serve, will save $1,800 a year, and individuals in those municipalities
will save $900 a year from a regressive tax that we are eliminating. I’m
not sure why the members on the other side would be against
affordability for families.
Mr. Speaker: The member for Surrey–White Rock on a supplemental.
T. Redies: What the members on the other side of the House are asking is for
the Minister of Finance to acknowledge that municipalities are going to
have to pay higher taxes due to the EHT, and that’s going to be borne by
property owners.
[2:45 p.m.]
Now, in Maple Ridge, MSP costs this year are $175,000. Next year,
with the NDP’s new tax, they will pay $875,000. That’s higher. Costs in
Mission…
Interjections.
Mr. Speaker: Members, we shall hear the question. Thank you.
T. Redies: …go from $134,000 to half a million with the NDP tax grab. That’s
higher. But has the NDP MLA for Maple Ridge–Mission stood up for his
constituents? No. He’s said absolutely nothing.
Again to the minister, why are families in Maple Ridge and Mission
being forced to replace the MSP premium with higher property
taxes?
Hon. C. James: I will remind the member again that the numbers she quotes are a
50 percent savings this year because we cut MSP premiums by 50 percent
this year. I would remind the member that there’s a 50 percent savings
again next year with the MSP premiums. And I remind the member that
there’s 100 percent savings as of 2020 from the elimination of the MSP
premiums. I would also say that $1,800 is a savings for families each
and every year.
EMERGENCY SERVICES AT HOSPITALS
J. Isaacs: Waiting in the emergency room can be excruciating, and British
Columbians, under the Fraser Health Authority, spend 11.4 hours longer
in the ER than the target time.
To the Minister of Health, what immediate actions is he taking to
alleviate ER wait times in Fraser Health and around the
province?
Hon. A. Dix: I want to thank the hon. member for her question. Indeed, people
in Fraser Health have struggled for a very long time with long wait
times in the emergency room, both in the immediate receipt of service
and in being transferred to the wards. The statistics generally utilized
right now indicate what the situation was up to 2017, and indeed, the
national performance of Fraser Health relative to other places in Canada
was not very good. I don’t think it’s appropriate at this point, because
I’m so appreciative of the question, to remind people of who was in
government over the past 16 years.
I would say this. We have to take steps to improve this, and often
the problem in the emergency room is not found in the emergency room,
where outstanding doctors and nurses and health professionals work. It’s
outside in the community. It’s improving primary care. In the city of
Surrey alone, for example, 90,000 people were without a family doctor or
nurse practitioner four years after the start of the GP for Me program
in Surrey.
We need to improve primary care, and indeed, we are proposing, at
the direction of the Premier, the establishment of urgent primary care
centres. We also have to improve long-term care, it seems to
me.
It’s very difficult, standing beside the minister responsible for
ICBC, to talk about problems, but I’ll tell you that 90 percent of care
homes didn’t meet care standards in British Columbia at the end of the
16 years of Liberal government.
We have provided the budget, the responsibility, the policy
changes, and we’re hiring the people necessary to improve long-term
care, to improve home care and home support. And oh, I wish there was a
supplementary question.
[End of question period.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call committee stage on Bill 22, Civil Resolution
Tribunal Amendment Act, and in Committee A, I call continued debate on the
Ministry of Citizens’ Services. At the same time, after that, I will also call
the estimates for the Ministry of Children and Family.
[2:50 p.m.]
Tabling Documents
Mr. Speaker: Hon. Members, I have the honour to present a report intituled
Report of the Chief Electoral Officer on Recommendations for
Legislative Change, May 2018, from the Chief Electoral
Officer.
[2:55 p.m.]
Committee of the Whole House
BILL 22 — CIVIL RESOLUTION
TRIBUNAL
AMENDMENT ACT, 2018
(continued)
The House in Committee of the Whole (Section
B) on Bill 22;
R. Chouhan in the chair.
The committee met at 2:57 p.m.
section 19 (continued) .
M. Lee: I just wanted to pick up from where we last left off on
section
19. The Attorney General indicated that in respect of time periods
prescribed by the rules, there currently aren’t any, and that the
purpose of this amendment would be to reflect that.
Looking back at his response, the response ended with reflecting
the law would be better to do so than to the practice itself. I just
wanted to ask: what is the current practice? I think he indicated 60 to
90 days, but if we could just revisit that in terms of the current
practice on time periods.
Hon. D. Eby: There’s a certain amount of discretion that is given to the CRT in
resolving disputes on timelines. These are obviously amendments to
permit them to make determinations in relation to car accidents and the
nature of injuries and the nature of awards under $50,000, or matters
under $50,000 related to car accidents.
With respect to the text that’s here and the intention around
that, the CRT has a practice of not forcing someone who is not ready to
go to adjudication to go to adjudication. For example, where a person’s
injuries aren’t adequately resolved or stabilized in order for there to
be a determination, or where a person needs more time to gather
evidence, they wouldn’t be forced to adjudication. At the same time,
though, the CRT wouldn’t allow someone to delay a proceeding where
there’s no reasonable basis for doing so.
[3:00 p.m.]
I’m reluctant to provide the member with absolute time. Certainly,
60 to 90 days are reasonable expectations under current disputes, and it
will be much, much faster than the current B.C. Supreme Court process.
There is a possibility that at some point, the tribunal might establish,
by rules…. Once they have some matters under their belt and they have a
sense about the process for these kinds of things, they might establish
a rule requiring final decisions in a certain time period. That’s the
intent behind the amendment.
I do note that the member, in a previous exchange, made requests
for data around how the tribunal responds to somebody saying that they
would like to have a representative with them in attending the hearing.
There are two types of representatives that individuals might request to
have with them at a hearing. One is a lawyer, and the other is a lay
advocate or a non-lawyer. So they can make an application to the
tribunal, in small claims or in strata, to have someone represent them
or to appear with them at the hearing.
For small claims, to give the member an idea, there were 28
requests for a lawyer. These are matters under $5,000. It was approved
11 times, which is a 39 percent approval rating. For strata, there were
120 requests for lawyers, and 45 were allowed. That’s a 38 percent
approval rating. For non-lawyer advocates, there were 140 requests for
advocates in small claims matters, permitted 106 times. That’s a 76
percent approval rating. For strata matters, 125 requests for lay
advocates, approved 69 times. That’s a 55 percent approval.
Over the whole of the groups, advocates or lawyers were permitted
70 percent of the time in small claims matters when they were requested
and 47 percent of the time in strata matters when they were requested.
When you combine everything together, 56 percent of the time — whether
it was strata or small claims, lawyer or not — an application for an
advocate was approved by the tribunal.
I hope that assists the member. I’m glad to table this document
that I’m reading from so the member has a table to refer to if that’s
helpful to him.
M. Lee: Thank you for that information. I appreciate that. If we could
just go back to that particular
section of the bill —
section 16,
proposed new
section 20.1.
I take it, just to clarify with this information being tabled,
that under the provisions of the current act, under
section 20, the
difference is for accident claims — that a party may as a right be
represented by a lawyer in a tribunal proceeding. It means that there
wouldn’t be a situation where, as the Attorney General just categorized,
the number of requests versus the number allowed….
To clarify, in each case where a claimant is appearing before a
CRT, that individual has the right to have legal
representation.
Hon. D. Eby: That is correct.
M. Lee: So back to
section 19, then. In terms of the time periods, then….
I think, given the Attorney General’s response, I’d just like to clarify
that the question would be: is it foreseen at this time, with the
different natures of claims that might be considered by the CRT — strata
disputes versus cooperative association versus accident claims — that
the time periods that might be considered by the tribunal might be
different depending on the nature of the claim?
Hon. D. Eby: Yes. That’s correct.
M. Lee: In the area of accident claims, then. Appreciating, again, that
this is a new area for the CRT if they establish themselves with this
new jurisdiction, how will that work in terms of the determination where
a claimant is not yet prepared to go forward with the
tribunal?
[3:05 p.m.]
At some point in time, what will happen with that claimant in
terms of how the tribunal exercises its authority over that claimant in
terms of compelling that claimant, ultimately, to initiate or start that
process?
Hon. D. Eby: We don’t believe there’s any authority for the tribunal to compel
someone into this process. This is around if the person has a dispute
with an award that is made by an adjudicator or a determination that’s
made by the adjudicator. So the person drives that process. They appear
at the tribunal. They make the application. The tribunal doesn’t compel
people to participate in this process.
M. Lee: For, in practice, what might be a 60- or a 90-day period, how does
this play with the 12-month…? When we look at the definition of “minor
injury” under Bill 20, how will this play or interplay with the 12-month
test in terms of determining whether there’s been a serious impairment,
for example, that occurs and that condition continues to occur beyond 12
months?
Hon. D. Eby: We might be able to clear up some confusion that some of the
members mentioned in second reading speeches, which was around that
maybe you’d have to go to the tribunal in 90 days.
That is simply not the case. If you believed you had a serious
impairment and disputed, or that you were seriously impaired in your
daily activities, and you believed that that was going to last for
longer than a year, you just wouldn’t go to the tribunal until after the
year had passed. There’s a two-year limitation period for going to the
tribunal, so you would have between month 12 and month 24 to bring your
application.
M. Lee: I guess that suggests that the claimant would have the
understanding as to whether they have a serious impairment. I appreciate
that that will be fully canvassed under Bill 20.
Again, I’m just interested to know if there’s any situation where
it turns out that the condition continues beyond 12 months — when an
individual is in the course of being unrepresented in front of the CRT
and doesn’t fully appreciate the severity of his or her condition, in
situations where he or she may not have legal representation because
they’re trying to resolve something that is immediate and wanting to get
a quick decision.
Knowing that the CRT is the inertia or the momentum behind
decision-making may well be the case, is there any potential prejudice
for a claimant in this kind of situation in the interaction with that
12-month period?
[3:10 p.m.]
Hon. D. Eby: In the scenario that the member outlines, the person…. There are
two scenarios, I guess. One is where the person shows up with apparently
minor injuries and then things get worse unexpectedly. Maybe they have
somehow taken some steps that limit their rights.
That same scenario exists under the current system. You might sign
a settlement agreement. You might enter into an arrangement with respect
to compensation for an injury, and it may not be a full understanding of
where the injury is going.
The risk is just as present under this system as under that
system, but there are some arguable improvements in the system in that
if you go to B.C. Supreme Court, it’s not the judge’s job to try to
figure out whether you’ve shown up at the right time or whether you have
a serious impairment or not, except on the evidence that you bring
forward.
In the CRT, the tribunal members will be actively involved in
ensuring that the individuals who appear in front of them are aware of
what their rights are, of what the system is and what the application is
about. That will be part of the training, and that is part of the job of
the tribunal, because it’s assumed that most people are attending the
tribunal without representation, although they have every right to bring
a lawyer with them if they wish.
The other scenario — the other possibility of a person who appears
to have a more minor injury and it gets worse over time — would assume
that their doctor has also missed it, because people will be attending
their own family physicians, who will be providing them with information
about their injuries. That information is the evidence in front of the
tribunal. There is a risk of a doctor missing an injury, but that risk
also exists under the current system.
The other scenario is where someone is seriously impaired, where
they’re not able to work, where they’re not able to go to school.
They’re assuming, I guess, in the scenario, that it’s going to get
better before the 12 months are up, and they’re rushing into the
tribunal to reach a final resolution around their injury. It’s hard to
imagine a scenario where that would happen, but if it did, there’s an
on-line solution explorer that’s part of completing the documentation
for the claim so that it would be quickly apparent to them that there
may be an issue here that they need to address.
The tribunal member would be assisting them in understanding that
as well. It would be part of the considerations. It’s difficult to
imagine that scenario manifesting any differently here — that someone
would be rushing off to finally resolve a complaint when it’s not
apparent when it’s going to actually resolve and what they’re going to
need in terms of support and compensation, and so on.
The other big difference — and we are bleeding a little bit into
the other bill — is that during this entire process, this person would
be having their out-of-pocket expenses covered by ICBC for various
therapeutic responses, and so on, as they’re incurred, so the person
would have the benefit of full coverage for their injury rehabilitation.
Certainly, our hope is that people will be getting better over time, but
it wouldn’t necessarily be assumed so, even if they did rush off and
file a CRT application.
Sections 19 to 21 inclusive approved.
section 22.
M. Lee: On
section 22, I just would ask the Attorney General to clarify
the situations under which…. In the amendment to 56.1, to include
section (2.1), the wording where “if the party has defaulted in the
tribunal….” I’m curious about the framing of those words. I know
default, which we’ll get into in a moment. But the actual drafting of
that — I just wanted to clarify the meaning as to why it’s drafted that
way.
[3:15 p.m.]
Hon. D. Eby: Default is defined in
section 2(
b) of the act. It is defined as
where “a party fails to comply with
section 7….” That
section relates to
giving and responding to initiating notice. So they get the notice, and
they just don’t respond, or subsection (
b) of 2(b), if
section 36 or
section 52 applies.
Section 36 is “referral to the tribunal for non-compliance” and
section 52 is “if party does not participate.” If someone’s refusing to
participate in the process, or they’re not complying with tribunal
orders, then that would be considered a default as well.
In the event of a default, this amendment restricts the ability of
a party in terms of the actions they may take at the tribunal until the
default is set aside by the tribunal. In particular, they may not make a
notice of objection as a tool to encourage compliance with either a
previous order of the tribunal or to encourage participation or to
respond to an initiating notice, so that default needs to be dealt with
first.
M. Lee: Depending on the nature of the default…. If the Attorney General
can just outline what areas that typically a claimant might be in
default in, in front of the tribunal.
Hon. D. Eby: The definition of “default” captures the areas that the tribunal
has identified. That’s in
section 2(b). In particular, it’s in giving or
responding to initiating notice, the scenario where there are defaults
by definition.
Section 36 is where there’s a non-compliance with the tribunal
order, and
section 52 is where a party does not, or refuses to,
participate in the process.
These are not just examples of defaults; these are literally the
definition of default in
section 2(b). Other matters are not considered
defaults if they’re not included in the definition.
Section 22 approved.
section 23.
M. Lee: In terms of the repealing of this particular provision, would the
Attorney General please explain the intent for such a repeal?
Hon. D. Eby: This is closely linked to the
section that we just canvassed with
the member. Because the previous
section no longer allows a notice of
objection to be filed if someone has defaulted, you don’t any longer
need a mandatory security deposit.
Previously you were allowed to file a notice of objection even if
you were in default, but you were only allowed to do it if you paid a
deposit. Because the previous amendment that just passed no longer
permits that filing of the notice of objection if you’re in default, you
don’t need the security deposit as a knock-on provision.
Section 23 approved.
section 24.
M. Lee: In terms of repealing division 6 of
part 5, this would…. Just
again, with the Attorney General, if he could clarify the rationale for
this proposed amendment, which would delete the right of appeal for
strata property final decisions.
Hon. D. Eby: This relates to appeal provisions for strata property claims — the
section that’s being struck here. What it did was set out a two-step
process for appealing a decision of the tribunal — how you get to
Supreme Court.
Generally, the feedback we received from the civil resolution
tribunal about feedback they received from the public about this was
that this process was inefficient, it wasn’t very well understood, it
was confusing to people, but everybody understood how judicial review
worked.
[3:20 p.m.]
To avoid the inefficiency that this
section unintentionally
created and be consistent with review procedures set out for every other
type of case under the civil review tribunal act, this was repealed, and
it’ll just go ahead as judicial review, just like all the other review
procedures set out in all other cases under the act. That’s why this
section’s being repealed.
M. Lee: Just to clarify though, the standard of appeal under this
section
is different from the standard of appeal under the coming
section that
we’ll review in a moment. Is that not correct?
Hon. D. Eby: The member is correct that in the bill, as a whole, there is a
higher standard on judicial review established by the bill. But that is
not done by this section. It’s done by another
section that talks about
this tribunal being an expert tribunal. We’ll get to that.
What this
section does is it says you don’t need to go through
this process to apply for judicial review. You can just go ahead and
apply for judicial review. So it’s simplifying matters to get to the
Supreme Court for a judicial review. The reason for that was just simply
to simplify matters and avoid confusion that was created unintentionally
by this section.
M. Lee: Thank you for that. I just wonder in saying that, though, whether
the outline of how to go about appealing a CRT decision to the Supreme
Court…. Is that not needed to be spelled out? Or is that spelled out
somewhere else in the act or proposed regulations?
Hon. D. Eby: Applications for judicial review from these matters and from other
administrative tribunals generally proceed under the Judicial Review
Procedure Act and the B.C. Supreme Court rules that apply to judicial
reviews. So it’s not set out in this act.
Section 24 approved.
section 25.
M. Lee: In terms of the proposed addition of 5.1, judicial review, the
criteria that are set out would basically incorporate…. Perhaps I could
just clarify, first of all, that the criteria for judicial review will
be spelled out under the Administrative Tribunals Act, under sections 58
and 59.
I’d like the Attorney General to walk us through the standard that
is set out in, if I’m correct on that, the two sections that would apply
here, depending on the nature of the claim that’s being
reviewed.
I appreciate that under 56.7(3), in effect, the accident claim
under 56.7(2) would be looking at the standards set out in
section 59 of
the Administrative Tribunals Act. If he could just walk us through that,
then we can just probe that a little more here.
[3:25 p.m.]
Hon. D. Eby:
Section 56.7, which is part of
section 25, sets out the standard
of review on appeals from the tribunal. Subsection (1) says the tribunal
must be considered to be an expert tribunal, and
section 58(2) and (3)
of the Administrative Tribunals Act applies, in relation to judicial
review of the final decision of the tribunal for a claim in the
exclusive jurisdiction of the tribunal or a claim in respect of which
the tribunal is considered to have specialized expertise.
Subsection 58(2) of the Administrative Tribunals Act deals with
judicial reviews relating to expert tribunals. That sets out matters —
sub (
a) through (c) — that talk about a finding of fact or law as an
exercise of discretion by the tribunal. Sub (
b) talks about the
application of common law rules of natural justice and procedural
fairness. Subsection (
c) talks about any other matters. It’s kind of a
catch-all. So it incorporates subsections 58(2) and (3). As the member
might expect, this deals with, for example, findings of facts and law
and that kind of thing.
That’s the higher standard of review. There’s a carve-out here,
under sub 56.7(2) that talks about attributing liability in an accident
claim, and this applies a lower standard of review. That is that the
courts are given more discretion, because courts are recognized as
having expertise in this area around attributing liability in an
accident claim. So it’s a carve-out to recognize that in that area, the
courts have more discretion in their review of the tribunal’s
decision.
[3:30 p.m.]
Then the third, which is subsection (3), talks about
section 59 of
the same Administrative Tribunals Act — the standard of review without
privative clause. It applies to an application for judicial review of a
final decision of the tribunal other than a claim to which subsection
(1) of the
section applies. This, simplified, is a catch-all of matters
that are not captured in subsection (1) to ensure that nothing remains
uncovered by the standard of review section.
I’m just going to check in with my staff and make sure I didn’t
misspeak on any points before the member hops up. They’re nodding. It’s
a complicated area, so I wanted to make sure I was right.
M. Lee: Thank you for walking me through that. Just to come back to sub
56.7(2), that would clarify that sub (1) does not apply where it relates
to liability. In which case, what standard does apply?
Hon. D. Eby: What happens is that because it’s carved out, it goes into the
catch-all, the Administrative Tribunals Act,
section 59, which is what
the standard of review should be where there’s no prohibitive clause.
The standard of review, according to sub 59(1), “to be applied to a
decision of tribunal is correctness,” in that scenario, “for all
questions except those respecting the exercise of discretion, findings
of fact and the application of common law rules of natural justices and
procedural fairness.” There are a number of other subsections where it
talks about findings of fact, discretionary decisions, a decision
exercised arbitrarily or in bad faith, for an improper purpose,
irrelevant factors, and so on.
[L. Reid in the chair.]
I think the answer the member is seeking here is contained in
subsection (1) — correctness — but you need to read the whole of
section
59 to really have a sense about what the full standard of review is for
those matters.
M. Lee: If I could just first walk back up to sub 56.7(1). For the purpose
of involving the standards review, I first wanted to confirm that the
way that this provision is drafted, to engage on that standard the test
must be that the tribunal must be considered to be an expert tribunal. I
just wanted the Attorney General to confirm that.
We discussed previously, in earlier sections of this bill, the
ways in which this tribunal would be viewed to both be an expert
tribunal and, secondly, under sub 56.7(1)(b), considered to have
specialized expertise. Again, we’ve talked about what kinds of
individuals would be serving on the tribunal which would fit that. I
just wanted the Attorney General to confirm, for the purpose of this
section, that the tribunal will reach that standard.
Hon. D. Eby: Certainly tribunal members will receive extensive training.
They’ll be selected on the basis of having a background that’s
consistent with the ability to be trained up on these particular
questions that will be going in front of them.
There are two parts, I think, to the member’s question. One is the
legal question of: what is the standard of review? When the proposed
law, the bill here, says that the tribunal must be considered to be an
expert tribunal, it’s directing a court, on review, about what the
standard of review should be. That incorporates with it a whole bunch
behind that legal terminology about how the court looks at the decision
that was made by the tribunal, what standard it’s held to, and so
on.
The member is also asking a practical question about: well, can we
be certain that the tribunal will be experts and that this standard is
appropriate? I can tell the member that the members will be hired and
trained in accordance with ensuring that they are expert in resolving
these matters, but not only that. They’re going to be hearing these
matters day in and day out, over and over, and they will be quite expert
in resolving these matters.
[3:35 p.m.]
Certainly, in a very short period of time, they will hear many
more of these types of disputes than other decision-makers might get to
hear at other levels, under other systems. This will be a specialized
tribunal that hears matters of: is it a minor injury or not? And in
accident disputes under $50,000, the tribunal members will be quite
expert in that in a very short period of time, given the volume of
cases.
M. Lee: Just one more question before we get to sub (2). In terms of
exclusive jurisdiction, that wording in sub 56.7(1)(a) — I wanted just
again go through the meaning of those words in the context of this
provision. Particularly, we’re talking about exclusive jurisdiction in
terms of the types of claims that’ll be put forward in front of the
tribunal, I presume?
Secondly, in terms of the limits on dollar amounts on minor injury
and the overall limit of $50,000, what does this exclusive
jurisdiction…? How far does it reach in terms of how it considers all of
the limits around the tribunal’s jurisdiction?
Hon. D. Eby: Exclusive jurisdiction issues. There are two exclusive areas of
jurisdiction. One is entitlement to accident benefits, and the other is
determination of whether an injury is a minor injury according to the
legislation that’s also in front of the House. Those are the exclusive
areas of jurisdiction for the tribunal. Those are the two areas. And
that’s it.
Damages for accident claims under $50,000 is not exclusive,
because you can make an application to the court. We went through this
with the member earlier. You can make an application that in the
interest of justice and fairness and all the circumstances and so on,
according to the criteria that are set out, the matter could go ahead in
the B.C. Supreme Court anyway.
We’ve tried to send signals that the preference, certainly from a
policy perspective, is that matters go ahead in this more efficient
tribunal, for a bunch of reasons that I’ve talked about many, many
times. But it’s not exclusive jurisdiction around disputes under
$50,000.
Liability and accident claims, similarly, is not exclusive
jurisdiction. It’s shared jurisdiction with the Supreme Court, if you
can cross those hurdles that were set out ensuring that only those
disputes where justice and fairness require that it goes to the B.C.
Supreme Court.
M. Lee: I suppose in terms of walking through the justice and fairness at
the outset of this process, then, a claimant would need to have legal
counsel to help navigate that determination. That’s something that I
think will need to be considered here, in terms of….
The concern, I think, will be the standard of review for these
claims and the need to ensure that claimants have the right level of
legal input and legal counsel on that. I’d just invite the Attorney
General for some comment on that concern.
[3:40 p.m.]
Hon. D. Eby: Just for clarity, there is no restriction on attending either the
CRT or B.C. Supreme Court anywhere in the legislation on these disputes
related to motor vehicle matters under or over $50,000, catastrophic or
minor injury. There’s no restriction on counsel.
Odds are good that if you are in B.C. Supreme Court, you are there
with a lawyer because it is a complicated process. It’s difficult to
represent yourself, but you might be there appearing on your own. It’s a
bit speculative, that piece. I’m trying to get at what the member is
asking about. There are a couple of scenarios.
One is where you believe your claim is valued at less than
$50,000. The evidence appears to suggest that the claim is valued at
less than $50,000, and you’re in B.C. Supreme Court. If you still want
the court to determine that, even though everything suggests that it
should be in front of the CRT, you can try to convince the court that
justice and fairness ensure that you get to continue, even though you
are below the $50,000 threshold. If you are over the $50,000 threshold —
the medical evidence and the material damage evidence and whatever it is
say you are over $50,000 — then there is nothing to move you out of the
B.C. Supreme Court process. There is no legal test there, other than
what the value of the anticipated damage is here.
I’m hopeful that that addresses the member’s question, although
I’m not sure it does.
M. Lee: If I could just go to 56.7(2), with respect to a comment earlier
that courts may be in a better position to assess liability, would that
suggest, though, that under the $50,000 limit, the CRT will be in a
lesser position to do so than a court?
Hon. D. Eby: The intent in the carve-out was to avoid a circumstance where the
courts head down a certain path with respect to liability on other tort
claims and the civil resolution tribunal issues a number of decisions
that head down another direction around liability and then there’s a
divergence in the understanding of the two bodies of when liability is
incurred. By lowering the judicial review standard on reviews relating
to liability, we’re aiming to prevent that outcome, where the decisions
around liability between the court and the civil resolution tribunal
would vary.
We would like consistency between those decisions in terms of
apportioning liability, and we think that the lower review standard will
enable that.
Sections 25 and 26 approved.
section 27.
[3:45 p.m.]
M. Lee: I just wanted to ask the Attorney General: in terms of the
prescribed class that’s referred to in sub-subsection 58.2(1)(b)…. In
the absence of that being defined or being in the original act, could
the Attorney General please describe or explain what that prescribed
class may well be?
Hon. D. Eby: As an example, we believe that this would be required for
cooperative associations.
M. Lee: Just on 27. Will this be defined then by regulation?
Hon. D. Eby: The member is correct. This would be prescribed by regulation. I
can tell the member that in terms of what is being contemplated right
now for any regulation, cooperative associations are an example. I’m not
aware of other examples at this stage, but there may be others
eventually, so it was proposed to do this by regulation.
Sections 27 to 29 inclusive approved.
section 30.
M. Lee: On
section 30, I just wanted to refer back to
section 93 of the
current act and ask the Attorney General just to walk through what seems
to be a broader expansion of the regulatory powers by making this
amendment — if he could just take us through those changes.
[3:50 p.m.]
Hon. D. Eby: I’m looking at subsection 93(2), for the member to follow
along.
Subsection (2)(a), “respecting any matter for which the tribunal
may make rules….” This is a regulation-making power to ensure that
there’s not a circumstance where the tribunal might make a rule, where
they didn’t have the authority to do that under the act. The
Lieutenant-Governor-in-Counsel would not have the ability to make a
regulation relating to that. It would be an awkward situation where the
tribunal could make a rule but the cabinet couldn’t make a regulation
relating to that.
Subsection (
b) is unchanged. Subsection (
c) is struck because it’s
now captured in subsection 113(b). Subsection (
d) is changed to reflect
a new
section number. Subsection (e), which was previously not in force,
is replaced with a
section relating to accidents — accident claims.
Obviously, one of the driving forces behind this legislative change was
around accident claim
definitions. Subsection (
f) is captured by sub
113(
b) as well. Subsection (g) — we have a whole new judicial review
section that we’ve been through.
Subsection (
h) is struck, and we’ve changed it so that there are
not these different formulas anymore. The new limitation period is
contained elsewhere. In relation to subsection (i), 14.1 has changed to
section 16.4, and the new provision, subsection (g), is sufficient to
provide any regulation-making power that’s needed here. Subsection (
j) has moved to various places through the act, for strata and small claims
and accident claims, which could use subsection (
g) which I’ll go over
in a sec.
Subsection (
g) is respecting any other matter for which
regulations are contemplated by this act to ensure that we haven’t
missed a
section where regulations are needed but there’s not a
regulation-making power. Subsection (f), working backwards, is
prescribing fees to be paid for anything done by the tribunal. And
subsection (
k) is changed to subsection (c), which talks about deposits
for claims previously adjudicated.
I hope that assists the member. There are obviously a lot of
changes in 93(2) there.
M. Lee: Given the nature and the scope of this amended
section dealing
with regulatory powers, when that was presented to the legislative
review committee, was there any particular rating as to whether there’d
be a high or a medium or a low probability of any challenge to this
provision?
Hon. D. Eby: These are standard regulation-making powers. Subsection (g),
although it appears to be a significant broadening of regulation-making
power, in fact requires that somewhere in the act it says that it’s
prescribed. It requires some indication that there was a matter for
which regulations were contemplated. It couldn’t just be regulations
made out of whole cloth concerning any matter whatsoever. So it is a
restricted provision.
I can say, though, that certainly there are interested parties in
the existing system, and they’re well-resourced with lawyers. The member
should expect that there will be challenges — probably not to these
particular provisions but challenges to the civil resolution tribunal
authority or jurisdiction or to other bills related to the reform around
ICBC.
[3:55 p.m.]
We do expect those challenges. In preparing legislation, one of
the pieces we do is we make sure that we’re operating within the rule of
law, the constitution in Canada and the laws in British Columbia. I can
advise the member that certainly I wouldn’t present anything in this
House that I felt would not stand up to challenges in the court and that
didn’t reflect good policy around access to justice and public policy
related to resolving claims like these.
M. Lee: In terms of the provisions, specifically new 93.2(
a) and (g), in
terms of the breadth of those possibilities of what might be put through
as a new regulation for the tribunal, can the Attorney General share
with this House any expectations around what future changes to the
tribunal’s rules might be affected through this particular
provision?
Hon. D. Eby: The most obvious one we can think of, given the new jurisdiction
of the tribunal, would be in relation to experts. The tribunal might
require a joint expert or might limit the number of experts or would
permit the admission of a doctor’s medical records without the doctor
having to attend personally. That was kind of our best effort here to
try to anticipate some of the obvious areas where there may be new rules
under this power.
Sections 30 and 31 approved.
section 32.
M. Lee:
Section 32 is the biggest part of this bill in terms of
introducing jurisdiction across the board. In terms of
section 113(b),
again this refers to a class of claim to be prescribed by regulation.
Could I ask what the expectation is around that class of
claims?
[4:00 p.m.]
Hon. D. Eby: Currently there is no class of claims that we anticipate
prescribing excluding from the jurisdiction of the tribunal. This is a
regulation-making power that anticipates that there might be some sort
of issue that comes up with a class of claims that, for some reason, is
determined that it’s more appropriate to go directly to B.C. Supreme
Court instead of being at the tribunal. In which case, this provision
gives the ability to prescribe what that class of cases is and send it
off to court instead of having it appear in front of the tribunal. But
there is no class of cases that are currently anticipated.
M. Lee: Just in terms of
section 116 — again, this
section relates to what
we’ve been discussing at committee stage on specialized expertise.
Again, this
section buttresses that statement. If I could ask the
Attorney General, in terms of how the tribunal members will continue to
meet this requirement under
section 116.
Hon. D. Eby: There are two possible areas where the member’s asking the
question. One is around what is called the privative clause in
administrative law, which is a signal to a court around deference — that
the tribunal should receive deference from the court when appeals take
place, when it’s about judicial review. This is very common language
around a privative clause — subsection (2) — a signal to the court that
as a policy matter, we want them to give deference to the decision by
the CRT.
I feel like, though, the member is actually asking a more
practical question about: how do we actually know that the tribunal
members will be experts? The CRT members here, in relation to the ICBC
claims, are going to hear two areas of exclusive jurisdiction. They’re
going to hear entitlement, accident benefits and definition of minor
injury, and then they’re going to hear a lot of claims under $50,000.
That’s all they’re going to hear. That’s all they’re going to deal
with.
They are going to be highly specialized in these areas. They will
know the law inside and out. That’s part of, in addition to the training
and the hiring process that the CRT will engage in, how we know the CRT
will be quite expert in these areas.
It’s different than B.C. Supreme Court. A B.C. Supreme Court judge
can hear any number of different matters — adoption, appeals,
bankruptcy, bodily injury, contracts, corporate law, criminal matters,
debt collection, medical malpractice, negligence, societies. The
structure of the court and the hearing process is quite different,
because there’s a wide area that a judge in B.C. Supreme Court, the
justice in B.C. Supreme Court, may have to hear. That usually involves
lawyers and providing information to the court about the state of the
case law and state of law and the evidence that’s in front of the court,
and so on.
In the tribunal, it’s set up so that people can appear without
counsel. They can appear self-represented, if they choose to do that.
Although as a right, they can bring a lawyer to a tribunal. The tribunal
member is more involved in the process, around ensuring that there’s a
fair outcome.
It’s a totally different structure than B.C. Supreme Court, and it
necessitates and enables the possibility for CRT members to become quite
expert in this specialized area that they’re doing day in and day out,
over and over.
[4:05 p.m.]
M. Lee: I do appreciate…. The Attorney General is correct. I am trying to
address the question in both ways. On the practical side, if we can just
take this opportunity one more time….
In terms of how tribunal members will be selected, again, that
will presumably be governed under the merit-based process that’s in the
Administrative Tribunals Act. If the Attorney General can just describe
the selection process itself for the tribunal members, in the guise of
understanding “specialized expertise.”
Hon. D. Eby: The relevant
section of the Civil Resolution Tribunal Act is
part
8, which talks about how tribunal membership and administration is
established.
Section 67 governs the appointment of a chair.
Section 68
governs how vice-chairs and other members of the tribunal are appointed.
Section 69 governs how temporary tribunal members are appointed.
Section
70 relates to acting chair; 71, acting chair if there’s been no chair
appointed; and 73 deals with resignation.
There’s a whole regime that’s set out around how tribunal members
— specifically
section 68, tribunal members themselves — are hired and
the process that is required to staff up the tribunal. I can advise the
member that there are already some tribunal members with personal injury
experience, but obviously, there would be some significant hiring that
would have to take place if and when this bill passes, combined with
additional legislation that’s in front of the House.
M. Lee: I appreciate that. In terms of subsection 68(3) of the current
act, the terms of the appointments are stated to be at least two years
and not more than four years. Is there an expectation in terms of how
tribunal members with personal injury law experience will be appointed
to this tribunal in terms of length of service?
Hon. D. Eby: Subsection 68(3) says: “The term of office for the initial
appointment of a tribunal member…must be at least 2 years and not more
than 4 years.” There’s also an option under subsection (4) for the
Lieutenant-Governor-in-Council to reappoint a tribunal member after a
merit-based process for an additional term of not more than five years.
Appointments can be full-time or part-time. The two sections, read
together, create the possibility of a term up to nine years.
M. Lee: Just back to sub 68(1), in terms of the merit-based process
itself, I’d ask if the Attorney General can just outline what that
process would look like in the context of this tribunal for the kind of
expertise that’s going to be required for accident claims.
[4:10 p.m.]
Hon. D. Eby: The merit-based process is set out by the chair, and it’s engaged
in by the chair of the tribunal around determining what skill sets are
required for the proper functioning of the tribunal within the
legislative authority of the tribunal.
M. Lee: In terms of considerations around the tribunal members themselves,
as to whether they’ve come from either former lawyers at ICBC or other
members of the bar, are there any considerations around bias?
Hon. D. Eby: I’m going to take a step back and provide some big-picture
independence safeguards that are in place to ensure that the CRT is able
to independently adjudicate matters, which I think is maybe at the heart
of the member’s question.
The members are appointed on a merit-based process. They are
appointed based on their qualifications. It’s a process set up by the
chair, under sections 67 and 68 of the Civil Resolution Tribunal Act.
They can only be terminated for cause, under
section 74, once they’re
appointed for set terms.
Section 74 sets out what that cause restriction
is.
Section 75 establishes remuneration of members, which is “in
accordance with the general directives of the Treasury Board,” and it
applies to members of all B.C. tribunals.
The act itself specifically requires that members of tribunals
“faithfully, honestly and impartially perform their duties” —
section
83. If they failed to do that, that would put them in jeopardy,
certainly, in terms of the application of
section 83 requirements. The
Ministry of Attorney General, obviously, doesn’t get involved with how
the CRT runs its operations. That’s the responsibility of the
chair.
If there were an issue with bias or improper decision-making
because of an outside influence on a tribunal member, keep in mind that
the tribunal decisions can be reviewed by the B.C. Supreme Court. There
would be no deference on a conflict of interest or on a tribunal member
who was improperly receiving payment, motivated by self-benefit or
trying to benefit a third party by adjudicating a decision in a certain
way. The court could hear arguments on that and could overturn
decisions. So the court acts as the safeguard in that
situation.
M. Lee: Thank you for that response. Just on subsection 119(b), I wanted
to ask the Attorney General how this particular provision works.
Section
9 provided for government to be a party to a tribunal proceeding under
certain situations. So I wondered how
section 119 was to be read against
section 9.
[4:15 p.m.]
Hon. D. Eby: The member will remember that because government could be a party
to an accident claim, we removed the restriction preventing government
from being a party in front of the civil resolution tribunal. This is
maintaining the status quo for non-accident claims. Government can only
be a party in motor vehicle matters, not in tribunal small claims
matters.
M. Lee: That isn’t clear enough from
section 9 on its own?
Hon. D. Eby: The drafters put this in here as a matter of housekeeping
organization and just to ensure clarity around the fact that government
cannot be a party in small claims matters, only in motor vehicle
matters.
There is a slight difference in wording around government as a
party versus whether the tribunal has jurisdiction in a claim. At the
end of the day, this is intended to provide clarity to people about when
government can and cannot be a party in front of the CRT.
M. Lee: I think I understand that. Really, the way to read
section 9 is….
The reason why I question it is only because under sub 9(1)(a),
presumably a small claims matter is something of exclusive jurisdiction
for the tribunal. I suppose
section 119, then, basically is doing, in a
separate part of the act, something that could have been clarified in
sub 9(1).
Hon. D. Eby: I’ll accept the member’s comment. I think the intention is the
same — to provide clarity around when government is and isn’t a
party.
M. Lee: Are there other clarifications of that same nature required for
other types of claims in this bill?
Hon. D. Eby: Not that we’re aware of, but if the member spots something, we’d
be glad to hear about it.
M. Lee: So generally speaking, under divisions 4, 5 and 6, there is a
differentiation in terms of what falls outside of the jurisdiction of
the tribunal. I ask if the Attorney General could just walk us through.
We could do it separately, but in each case — not each provision, but
generally speaking — what’s the approach, the methodology, that’s being
utilized here to differentiate between matters that are within the
jurisdiction of the tribunal versus matters that are best dealt with by
the Supreme Court?
[4:20 p.m.]
Hon. D. Eby: There is no change in substance, due to these changes, between the
existing bill and the proposed numbering changes. It’s simply a matter
of housekeeping and organization of the bill.
M. Lee: Turning to division 7 on accident claims, I would ask the Attorney
General to explain the differences between sub (
a) and sub (
b) in terms
of the definition of “accident.”
Hon. D. Eby: Could the member clarify which
section he’s looking at?
M. Lee: “Division 7 — Accident Claims,”
section 132.
[4:25 p.m.]
Hon. D. Eby: This provides the tribunal with two different scenarios in which
to apply the definition of “accident.” Subsection (
a) talks about…. It’s
actually easier to start with (b).
Section (
b) says if you’re doing a
determination in respect of benefits, insurance benefits — it refers to
your basic insurance — this is the definition that you should use,
tribunal. If you’re doing a determination on something that is not basic
insurance benefits, subsection (a), then this is the definition you
should use. There is a difference between the two accident
definitions.
Subsection (
b) in respect to benefits — accident benefits, basic
insurance benefits — is talking about your own insurance. It’s accidents
that are caused by the use or operation of a motor vehicle. It’s a more
narrow definition of accident. But if you’re not talking about accident
benefits and you need to figure out the definition of accident to make a
determination in a claim, it’s a broader definition. It includes use or
operation of a motor vehicle, but it also includes caused by a vehicle.
An example of that might be where somebody jumps out of the way of the
car, and they’re injured as a result. It’s caused by the vehicle, but it
doesn’t arise out of the use or operation of the vehicle. Or a vehicle
is picked up by floodwater and collides with something else, and it’s
caused by the vehicle.
So definition (a), for outside of the basic insurance benefits,
has a broader definition. And subsection (b), when you’re talking about
resolving a claim with respect to accident benefits, then it has the
more narrow definition that arises out of the use or operation of a
motor vehicle.
M. Lee: Of course, this bill incorporates the meaning of minor injury from
Bill 20. We could get into that discussion here to a certain degree, but
I suppose for now, let me just work through the other provisions first
and then come back to that.
In terms of subsection 133(2), we still have the combination of
exclusive jurisdiction and specialized expertise. We’ve gone through
that in the course of other provisions of this bill, but just for the
record, would like the Attorney General to speak about this provision in
the context of accident claims.
Hon. D. Eby: This is just as we had discussed previously around exclusive
jurisdiction in relation to specific matters. The carve-out that we
talked about is in
section 25, around liability. Otherwise, the tribunal
is intended to have by this bill exclusive jurisdiction described in (
a) and (
b) there, which is “(
a) the determination of entitlement to
benefits paid or payable under the Insurance (Vehicle) Act” and “(
b) the
determination of whether an injury is a minor injury for the purposes of
the Insurance (Vehicle) Act.” So exclusive jurisdiction
there.
It’s considered to have specialized expertise in relation to the
subsection (c), which is “liability and damages, if the amount…is less
than or equal to the tribunal limit amount,” which we’ve talked about —
$50,000.
M. Lee: So in terms of sub 133(3), the purpose of that provision, I would
just like to ask the Attorney General to walk through.
[4:30 p.m.]
Hon. D. Eby: This is to recognize that someone may have more than one dispute
with ICBC arising out of a motor vehicle accident. It might initially
start as a dispute about whether or not they have a minor injury. But
then later on there might arise a dispute: “Oh, ICBC is not paying
injury benefits to which I’m entitled.”
A person can make multiple requests for tribunal resolutions
relating to a single accident. If issues are coming up in relation to
ICBC’s conduct that they want to have resolved by an independent
decision-maker, then they can appear at the tribunal, even if it arises
out of the same accident.
M. Lee: If those circumstances arise, if you’re dealing with the same
accident and there are different potential aspects of that same accident
being put in front of the tribunal, what’s the overall limit to that
determination or that dispute?
Hon. D. Eby: There would be nothing in this that would limit someone’s rights
because they brought forward for resolution one or more than one
separate dispute that they had with ICBC. They would be able
to….
They’re treated separately, as separate disputes, unless, of
course, they concern the same subject matter. If there are two filings a
person makes about whether or not they have a minor injury and they make
them at the same time and it’s the same evidence, that is a matter
that…. Or maybe better, if they were being denied accident benefits and
they filed two separate proceedings around that at the same time…. I
mean, it’s sort of a far-fetched scenario.
[R. Chouhan in the chair.]
I’m trying to think about when someone’s ability to bring these
might be limited. The intent here is that they’re able to resolve…. Any
dispute that they have with ICBC, they should be able to resolve it
through the CRT. That’s why the
section says: “For certainty, a person
may make a request for tribunal resolution in more than one tribunal
proceeding relating to an accident.”
Even though there’s only been one accident, they might have
multiple disputes with ICBC that they need to resolve. Their right to go
to the tribunal to resolve those separate disputes isn’t limited by a
jurisdictional amount or something like that, other than what we’ve
already talked about in terms of the whole picture of the
act.
M. Lee: I just wanted to ask next about subsection 134(1) in terms of the
differentiation as to what matters do not belong under the jurisdiction
of the tribunal. If the Attorney General can just walk us through the
rationale in terms of how provisions under the Insurance (Vehicle) Act
were separated out for matters that do not fall within the jurisdiction
of the tribunal and would be better dealt with by the court.
[4:35 p.m.]
Hon. D. Eby: The intent with the civil resolution tribunal is to have them
develop expertise in accident benefits, minor injury definition,
administration and claims that are $50,000. None of these sections in
134 really relate to that. They’re areas where we didn’t want to…. The
thinking was that they were better left with the court to provide the
tribunal with the opportunity to really specialize in the areas we want
them to focus on, which are the common applications that are going
forward.
Examples of this are around subsection (a), which talks about
financial responsibility to other insurers in other provinces;
subsection (b), which is offences under the act; and subsection (c),
which is where you may have forfeited your insurance but you’re asking
the court for an equitable remedy.
These are very nuanced, specialized and specific provisions that
wouldn’t allow the CRT to really focus on the areas where we want them
to become expert, where we want them to be able to resolve claims
quickly and efficiently and fairly for people who appear in front of
them. The thought here was simply that these provis