British Columbia Hansard — Tuesday, October 30, 2018 a.m. — Number 172 (HTML) (41st Parliament, 3rd Session) (20181030am-Hansard-n172)
20181030am-Hansard-n172
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, October 30, 2018
Morning Sitting
Issue No. 172
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
Message of condolence for Lucak family
L. Throness
Introductions by Members
Introduction and First Reading of Bills
Bill 53 — Recall and Initiative Amendment Act, 2018
Hon. D. Eby
Statements (Standing Order 25B)
Wah Ngok
T. Wat
Gord Downie and Chanie Wenjack Fund legacy schools program
B. Ma
Fundraising by Lions Gate Hospital Foundation
R. Sultan
Muslim Youth Centre
R. Singh
Food garden and cooking program at John Allison Elementary School
L. Larson
Ron Dutton and archival collection on LGBT history in B.C.
S. Chandra Herbert
Oral Questions
Community benefits agreement and workers
S. Bond
Hon. C. Trevena
M. Polak
Bioproducts development in agriculture sector
A. Olsen
Hon. L. Popham
Food security and food-processing sector
A. Olsen
Hon. L. Popham
Community benefits agreement and workers
T. Stone
Hon. C. Trevena
J. Thornthwaite
Meeting between Transportation Minister and workers
A. Wilkinson
Hon. C. Trevena
Tabling Documents
Office of the Ombudsperson, referral report, Interim Assessment of
Implementation of Recommendations — Misfire: The 2012 Ministry of
Health Employment Terminations and Related Matters , October
Orders of the Day
Second Reading of Bills
Bill 49 — Professional Governance Act
Hon. G. Heyman
P. Milobar
TUESDAY, OCTOBER 30, 2018
The House met at 10:05 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. J. Horgan: Members, in the gallery today is Leonard Schein, a well-known film
aficionado from Vancouver. Leonard is the former owner of the Fifth Avenue
Cinemas, the Park Theatre and the Ridge Theatre. He’s also the founder of
the Vancouver International Film Festival. Leonard has been known for his
philanthropy and his contributions to not just the arts and culture but the
fabric and dynamism of Vancouver and, indeed, all of British Columbia. Would
all members please welcome Leonard Schein to the Legislative Assembly of the
province of British Columbia.
S. Cadieux: There are a number of folks in the gallery today from the Alliance of
B.C. Students to meet with both sides of the House. I’d like to introduce
them: Andrew Dillman, Noah Berson, Matt McLean, Anna-Elaine Rempel, Patrick
Meehan, Chris Girodat, Snehdeep Kang, Sukhroop Kaur, Gurleen Sidhu,
Jasvinder Singh, Harsimrat Singh, Joseph Thorpe, David Piraquive, Jewelles
Smith, Gurvir Gill, Rajdeep Dhaliwhal and, last of all but not least, Emily
Gaudette. Would the House please make them welcome.
L. Larson: Somewhere in the precinct today is the mayor-elect, Brian Taylor, of
Grand Forks and the chair of the regional district of Kootenay-Boundary,
Roly Russell. Would you please make them welcome.
Hon. K. Conroy: We always announce special events in the House. Today I’d like to
announce that one of our colleagues is turning a big “0” birthday. I’ll let
you guess which number goes in front of the big “0,” but please join me in
wishing a big “0” birthday to the member for Saanich South.
Hon. J. Sims: I have visiting me in the gallery today a very dear friend, like a
younger sister to me, and one of my constituents. I met her in 2012 and
really, really value our friendship and her support. It’s Rabina
Sattar.
I also have visiting here today Betty Dusange-Hayer, a friend I met
recently. We’ve made some very strong connections, and I would say she is a
big activist in the community. Accompanying them today is Anna Wu, who
represents the Canada Asia Economic and Culture Association.
Please assist me in welcoming them to this House.
J. Martin: Today in the precinct, we have several members from CLAC, the
Christian Labour Association of Canada; PCA, the Progressive Contractors
Association of Canada; Canada Works; and Canada West. They’re here meeting
with members, discussing fairness in the workplace, access to public
projects and restrictive hiring practices. Please make them
welcome.
Hon. H. Bains: I have a couple of introductions to make today. First, it is my
pleasure to introduce some very special guests in the gallery: Jastej Singh
Aujla — we call him Ronnie; his wife, Praneet Sandhu; along with their son
Mehtab. They are here along with their parents who are visiting them. They
are Ronnie’s parents from India. They are Dr. Kuljit Singh Aujla and Amrik
Kaur Aujla. Ronnie has brought them over to show our beautiful city of
Victoria and the people’s House. Please would the House join me in making
them very, very welcome.
[10:10 a.m.]
E. Ross: Another birthday wish, a special birthday wish, to the first MLA that
I ever met in my previous term as chief councillor of Haisla Nation Council.
The birthday wishes go out, actually, to our House Leader, Mary Polak. Happy
birthday, Mary Polak.
Interjections.
Mr. Speaker: We’ll let that one go.
E. Ross: My apologies. Thank you, Mr. Speaker.
Happy birthday to the House Leader.
Hon. L. Popham: Just so nobody is left guessing, it’s the big five-o. A happy birthday
to my colleague across the way.
I’m going to join my colleague who introduced representatives from the
regional district of Kootenay-Boundary today. She mentioned Roly Russell and
Mayor-elect Brian Taylor.
Congratulations, Brian.
Also joining them, in their delegation, are Colleen Ross, city of
Grand Forks policy group liaison for recovery, and Graham Watt, the Boundary
Flood Recovery team recovery manager.
Please make them welcome.
Statements
MESSAGE OF CONDOLENCE
FOR LUCAK
FAMILY
L. Throness: I have a sad event to relate today. There’s an informal fraternity
among those who assist us here in Victoria and in our constituency
offices. When one member suffers, we all hurt a little bit.
Last Saturday my constituency assistant, Dagmar Lucak, and her
husband, Bill, smelled smoke in their house. They opened their bedroom
door, and the place was engulfed in flames. Dagmar was able to escape
without harm, but her husband, Bill, did not, tragically.
This is a reminder that our lives can change in a moment. We need
to hold those we love close to us.
The condolences of this House go out to Dagmar, to her daughter,
Ayla, and to her son, Emry.
Introductions by Members
Hon. B. Ralston: Joining us in the members’ gallery this morning is Marta Cowling, the
newly appointed consul general of Portugal in Vancouver. Most recently the
consul general was a representative for Portugal to the European
Union.
As many of us are aware, the community of Canadians of Portuguese
origin is prominently represented in British Columbia, numbering over
40,000, including famous Victoria-born singer and songwriter Nelly Furtado.
I look forward to meeting with the consul general later this afternoon to
strengthen trade and investment relationships between our
jurisdictions.
Would the House please extend a warm welcome to the consul
general.
Hon. H. Bains: I’m not sure whether they have made it to the gallery yet. There are
50 grade 5 students from my constituency school of École Gabrielle-Roy. They
are joined by their teacher Assoli Renault. Please help me to say
bienvenue to all of them.
P. Milobar: Well, all of us in the House have family members who have supported us
along the way. It gives me great pleasure that I am joined by such a family
member here today, as well, surely the most patient woman that I know. My
wife of 25 years, Lianne Milobar, is here today.
M. Dean: Today here in the building, we’re visited by a class of grades 4 and 5
students from Eagle View Elementary. They’re studying government, and I
spent last Friday morning there answering an awful lot of questions that
were very smart from all of the kids. I would invite everybody to welcome
them and their teacher Ryan Nast. Please make them very welcome.
Introduction and
First Reading of Bills
BILL 53 — RECALL AND INITIATIVE
AMENDMENT ACT,
Hon. D. Eby presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Recall and Initiative Amendment Act,
Hon. D. Eby: I move that the bill be introduced and read a first time
now.
I am pleased to introduce the Recall and Initiative
Amendment Act, 2018. This bill amends the Recall and Initiative
Act to ensure that the financing and advertising roles for the recall
process are consistent with financing and advertising rules under the
Election Act.
[10:15 a.m.]
Last fall amendments to the Election Act banned big money from
provincial elections and banned political contributions from outside of
British Columbia. This bill would implement similar rules for all
participants in a recall. Union, corporate and foreign contributions to
petition proponents and members subject to a petition would no longer be
permitted.
Eligible British Columbians would be permitted to contribute a
maximum of $1,200 per year to a petition proponent or a member subject
to a petition. Similar restrictions would apply to contributions to
recall advertising sponsors. The bill would provide for additional
transparency around fundraising functions held on behalf of petition
proponents or on behalf of members…
Interjections.
Mr. Speaker: Members.
Hon. D. Eby: …subject to a petition when those functions are attended by party
leaders or cabinet ministers.
The bill also addresses the fact that, currently, recall
proponents and MLAs are subject to spending limits but third-party
sponsors of recall advertising are not. This bill would create an
expenses limit for advertising sponsors of $5,000 during the recall
petition period.
In order to promote transparency around recall advertising
sponsorship, individuals and organizations engaged in advertising that
directly promotes or opposes the recall of a member would be required to
register before sponsoring the advertising, regardless of when they are
conducting that direct advertising.
Finally, the bill establishes monetary penalties for contravening
recall financing and recall advertising rules, similar to penalties
under the Election Act, to assist the Chief Electoral Officer in
enforcing the rules for the recall process.
Mr. Speaker: The question is first reading of the bill.
Motion approved on division.
Mr. Speaker: The first motion passed on division.
Interjections.
Mr. Speaker: Members, the first motion has been moved on division. That’s been
noted. Let’s move on to the second motion.
Hon. D. Eby: I move the bill be placed on orders of the day for second reading
at the next sitting of the House after today.
[10:20 a.m.]
Bill 53, Recall and Initiative 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 on the
following division:
YEAS — 43
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Furstenau
Weaver
Olsen
Glumac
NAYS — 40
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Isaacs
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Reid
Letnick
Thomson
Larson
Foster
Statements
(Standing Order 25B)
WAH NGOK
T. Wat: I’m very sad to learn of the loss of my former colleague and
friend Elliot Ngok at the age of 76 on October 20.
Elliot is more affectionately known to the community as Wah Ngok,
great brother Wah. We have known each other since the ’90s. He has
always been a passionate actor and an individual, both in British
Columbia and in Hong Kong.
Wah Ngok started his acting career in Hong Kong in 1963. He was
one of the most versatile and prolific leading actors and starred in
five to ten films per year in his golden days. His shot to fame was the
1966 film Come Drink With Me .
[10:25 a.m.]
Wah Ngok and his family moved to Vancouver in the ’90s. He and I
were colleagues at the multicultural radio station Mainstream
Broadcasting CHMB AM 1320. He was a Mandarin program host, a man of
strong work ethics and passion who always helped and cared for his
colleagues.
Wah Ngok has always been actively involved in community work in
B.C. He participated in many charity events and helped raise over $1
million for our local charitable organizations and those in need around
the world. He has always volunteered and visited seniors homes to sing
and perform for the residents, giving them warmth and laughter. He and
his wife, Tanny Tien, also a well-known actress in Asia, are dedicated
volunteers of the Tzu Chi Foundation of Canada, which delivers disaster
relief and humanitarian services through the essence of
Buddhism.
I would like to offer my most sincere condolences to his wife,
Tanny, and his daughter, Faye. Words fail when a loved one is taken away
from us too soon, but I pray we’ll all find comfort and strength in the
love and support of family members.
GORD DOWNIE AND CHANIE WENJACK FUND
LEGACY SCHOOLS
PROGRAM
B. Ma: Chanie Wenjack was nine years old when he was sent to the Cecilia
Jeffrey Indian Residential School in 1963. Years later Chanie ran away
from the school to try to reunite with his family 600 kilometres away.
He didn’t make it. They found his body one week later at the age of
Chanie is one of an estimated 6,000 Indigenous children who never
made it home from a residential school. It was this story, the story of
so many Indigenous children in this country, that inspired Canadian rock
musician, writer and activist Gord Downie of the Tragically Hip to
create, in collaboration with the Wenjack family, The Gord Downie and
Chanie Wenjack Fund to continue the conversation that began with Chanie
Wenjack’s residential school story and to aid our collective
reconciliation journey through awareness, education and
action.
Gord Downie passed away on October 17, 2017, and this fund is part
of his legacy. Most of us in these chambers did not grow up learning
about the residential school system. Indeed, there are generations of
Canadians outside of these walls who have no idea. But our young people
know. Through the Downie-Wenjack legacy school program, classrooms in
schools will lead the movement in raising awareness about the history
and impact of the residential school system on Indigenous peoples and
the challenges they continue to face today.
Because of the leadership of district principal Brad Baker, five
North Vancouver schools — including Norgate Elementary, Westview
Elementary, Carisbrooke Elementary, Sherwood Park Elementary and Windsor
Secondary — will join Gord Downie in his commitment to reconciliation as
legacy schools.
Though the road to reconciliation is long and the path winding and
the journey arduous, let us all go forward with courage.
FUNDRAISING BY
LIONS GATE HOSPITAL
FOUNDATION
R. Sultan: Lions Gate Hospital on the North Shore is both a community
hospital and a regional centre of excellence, fourth-ranked in Vancouver
Coastal in volume of patient care. Lions Gate Hospital Foundation is
only a few hundred thousand dollars shy of reaching its $100 million
fundraising goal, about half of the funds required for a new high-tech
medical and surgical centre.
The $93 million raised so far was donated by 3 percent of the
North Shore residents. For those last few dollars, the foundation needs
support from all of the North Shore community, the 97 percent,
regardless of the individual dollar amount.
The Give Where You Live campaign was recently launched with the
slogan “Celebrate seven days of LGH for a lifetime of care.” Keystone
sponsors were Save-On Foods and McDonald’s, and supporting roles were
played by a long list of North Shore businesses.
[10:30 a.m.]
The public at large was engaged through a Burma Shave on Lions
Gate Bridge, a rally at the SeaBus terminal, a meet-and-greet tent on
Lonsdale, Facebook Live, and more. The results? The LGH Foundation
raised another $50,000 in one week. The campaign continues.
Our Minister of Health has one of the most financially challenging
jobs in government. Communities have an obligation to help
him out. All citizens must engage to ensure our health system
excellence. Thank you, Lions Gate Hospital donors large and
small.
MUSLIM YOUTH CENTRE
R. Singh: This past weekend the Muslim Youth Centre, a centre located in
Surrey just across the border of my riding, organized their fundraiser.
A while back, I, along with the member for Surrey-Newton, attended their
International Bazaar and International Food Festival.
These events are not just organized to exhibit the array of the
community’s goods and food but more an invitation to people of all
faiths and denominations across the Lower Mainland to join in the
celebration of the immense diversity of Surrey and our magnificent
province.
Events like these are not the only outreach that the centre
arranges. Since 1999, when the late Iman Asgar Husain, with the support
of his wife, Zuleika Husain, opened the centre, it has been a place for
young girls and boys to engage in spiritual, religious and educational
programs, besides having the opportunity to attend self-defence classes
and sports days. One of its objectives is to provide youth with a
friendly educational environment and to empower them enough to repel
unwanted elements.
In today’s world, where wild rhetoric and Islamophobia seem to be
rampant, the Muslim Youth Centre is not only a place of solace and
reflection but also a beacon working hard to bring people together,
whether it is with their events, their educational work or their
collaborations in the community.
I would like to acknowledge the Muslim Youth Centre and its
efforts to preserve the ideals of multiculturalism of our province and
to equip youth with values that will last them a lifetime and help them
to build stronger communities.
FOOD GARDEN AND COOKING PROGRAM
AT JOHN ALLISON
ELEMENTARY SCHOOL
L. Larson: For the past five years, the students, volunteers and staff at
John Allison Elementary School in Princeton have planted a fabulous food
garden. The plants are carefully tended by the students during the
spring, watched over by volunteers in the summer and harvested in the
fall.
The next step is to cook, preserve and prepare what has been
grown. Volunteers come to teach the students how to cook from scratch,
the old-fashioned way. Retired teachers, professional cooks and bakers
and other talented people help out with the cooking lessons.
The students participating are from kindergarten to grade 3. The
kitchen kids program began in 2013 with a three-year renewing grant from
the Valley First Credit Union First West Foundation. The money helped to
develop the how-to-cook program and has inspired the very young to eat
healthy foods and develop skills in cooking and baking.
To celebrate the success of this program, a kids’ cookbook was
published with input from all of the kids’ parents and grandparents, who
submitted recipes that were easy for kids to do. The kids were
introduced to many different dishes from around the world, and the
recipes reflect their community’s diversity.
Thanks go to the Princeton Teachers Union, the B.C. Teachers
Federation, Mr. Bill Lawrence, Mr. Barry Clarke and school district 58
for their financial support over the last five years. But the driving
force behind this program was teacher-volunteer Shirley Low, and it was
her efforts and a grant from the government that enabled the printing
this past spring of the Amazing Kitchen Kids Food Tales
Cookbook . The students are very proud of their cookbook and
thank everyone for their support. If anyone would like a copy, just let
me know.
RON DUTTON AND ARCHIVAL COLLECTION
ON LGBT HISTORY IN
B.C.
S. Chandra Herbert: While we all know the saying about how those who don’t learn from
history are doomed to repeat it, we also need to sometimes consider what
voices are missing from history, what conversations, what people are
missing from the record — in many cases, minority voices.
In my community, I have a remarkable constituent who’s worked hard
to ensure that the voices of LGBT people, in their fight for equality
and for civil rights, have not gone missing, have not
vanished.
[10:35 a.m.]
Over 42 years, Mr. Ron Dutton has collected posters, reports,
magazines, advertisements, articles and various ephemera of the LGBT
civil rights movement in British Columbia. He has now amassed over
750,000 items in his B.C. gay and lesbian archives.
Now, that’s a lot of items, and as a constituent of mine, where
would he find a place in the West End big enough to keep that? I don’t
know. He lives in a two-bedroom apartment, but he has somehow managed to
fit his archives into his apartment in an incredibly organized way. But
that’s been a challenge, because of course, he’s wanted that archive to
be able to be studied and learned about all across the province and for
anyone around the world.
They can’t all fit into his small apartment, so Ron has done
something remarkable, I think, in keeping the collection and now giving
it to the City of Vancouver Archives. This collection will not just be
held in the archives, where you have to go and research it there, as I
know that Ron feared it being locked away in boxes that nobody would
see. What they’re doing now is digitizing the collection. They’ve just
announced that they’re going to, through the next year, digitize all of
the audio-visual, all the graphics and all the artwork that he’s
collected to have available on line by next summer.
I want to say thank you to Ron, thank you to the City of Vancouver
Archives and thank you to everybody who makes preservation of history
and the stories that unite us so much more of a priority than it has
been.
J. Rice: I seek leave to make an introduction.
Leave granted.
Introductions by Members
J. Rice: They weren’t in the House earlier when they were acknowledged, but
considering all that this community has endured with an unprecedented flood
this year, I wanted the House to recognize the outstanding resilience and
leadership of the community of Grand Forks and the regional district of
Kootenay-Boundary. I’m hoping the House can please make welcome local
government reps Roly Russell, Colleen Ross, Brian Taylor and recovery
manager Graham Watt.
Oral Questions
COMMUNITY BENEFITS AGREEMENT
AND
WORKERS
S. Bond: Ryan Deforge is a heavy-equipment operator and a trainer from
Mission. He has a question for the Minister of Transportation. He says:
“I’ve worked on numerous major public infrastructure projects in my
career. To keep working, why should I be forced to join an NDP-approved
union?”
A pretty simple question to the Minister of Transportation: why is
she forcing Ryan to join a union he does not want to join?
Hon. C. Trevena: As always, I’m willing to listen to constituents directly. If they
want to get in touch with me directly, I’d be happy to talk to Ryan
about this.
I would like to reference a government report prepared for the
former Minister of Jobs, Tourism and Skills Training, the current member
for Prince George–Valemount, to answer the question. The report, which
was presented to the former government back in 2014, provided some
useful information on meeting the skilled labour needs for projects in
our province.
It’s talking about the use of project labour agreements, or
community benefits agreements, and the mobile workforce. It says that
they have a significant history of use in B.C. stemming back to the
1960s’ large-scale infrastructure development. The model continues today
under the Allied Hydro agreement, says the report.
That agreement was with the same 19 building trade unions that are
involved with community benefit agreements. Maybe the member can explain
to me why a number of projects that started and completed under their
government were using the same 19 select unions that are being used
under community benefit agreements.
Mr. Speaker: Prince George–Valemount on a supplemental.
[10:40 a.m.]
S. Bond: Well, it was a nice try, Minister, but the good part of the answer
was the part where the minister said she’d be willing to talk to Ryan.
It’s about time. In fact, Ryan is in the gallery today. Ryan is here
today, and he is a proud member of CLAC. In fact, he and his colleagues
are joining us today, and he wants a straightforward answer from this
minister.
Ryan wanted the minister to know this….
Interjections.
Mr. Speaker: Members, we shall hear the question.
S. Bond: Ryan wanted the minister to know this: “These things used to
justify this deal don’t make sense. For example, the apprenticeship
goals are just aspirational and are actually lower than most projects I
work on. I still want to know why the minister would violate my right to
join the union of my choice.”
Will the minister explain to Ryan, who is listening very carefully
to her answers today, why she is forcing him to join an NDP-approved
union he doesn’t want to join?
Hon. C. Trevena: I think that the member opposite knows that on work projects,
people join the association or the union that’s part of the project. So
members are often members of CLAC, members of the United Brotherhood of
Carpenters and Joiners and other unions, depending on where the work is
and what the work format is.
Maybe the members opposite also recall a project which was started
under their watch in my constituency. I remember former Minister of
Energy Bill Bennett coming up to Campbell River, being there with
SNC-Lavalin at the start of the John Hart generating station. It started
in 2014 and is just wrapping up now. That, also, was constructed under a
project labour agreement with 19 select building trade
unions.
The member may want to explain why their government constructed
such a large project using an agreement very similar to that which we’re
using. But I think I can tell the member why: because the 19 building
trades unions know how to build major projects. They know about
construction; they know about apprenticeships. That’s why we, like the
opposition when they were in government, are working with
them.
Mr. Speaker: Prince George–Valemount on a second supplemental.
S. Bond: I’m sure the minister will continue to dismiss and ignore the
concerns. The minister can stand in the House all she wants. With CLAC,
members who work hard, who actually also know how to build projects, who
have skills, who have expertise….
The minister can duck, dodge and ignore the question. Here’s what
Ryan had to say to the minister.
Interjections.
Mr. Speaker: Members, the member for Prince George–Valemount has the
floor.
S. Bond: The members opposite can be as dismissive as they want. Here’s
what Ryan had to say to the members on that side of the House. He said:
“I know that the Premier has dismissively called CLAC members like me
turkeys. This feels like political payback” — the Premier can shake his
head; that’s what he said — “and I think that’s wrong.” These are Ryan’s
words: “Why should I be banned…?”
Interjections.
S. Bond: Let’s try it again. “The Premier has dismissively called CLAC
members like me turkeys. This feels like political payback, and I think
that’s wrong. Why should I be banned from working on public projects
because of the government’s political agenda?”
Why are Ryan and other experienced, hard-working British
Columbians who are here today being forced by this minister to join a
union they don’t want to join?
Hon. C. Trevena: I’d like to continue with the opposition’s record from when they
were government. The $900 million Waneta dam expansion began in 2010 and
ended in 2015. That project was also, under the previous government, a
labour agreement with 19 select building trade unions — exactly as we
are doing.
[10:45 a.m.]
The member opposite was the Minister of Jobs at that time so
should have known about labour agreements. The member opposite at that
time, as Labour Minister, would have also known that nobody is being
forced to join a particular union. It is a union jobsite.
The reason why, I’m sure, the opposition, when they were
government, used their 19 select unions is because the building trades
know how to build projects. They worked for the former government;
they’re working with us too.
M. Polak: We’ve heard a lot of dismissive comments from the minister when we
pursued this line of questioning, but this one, I think, is particularly
disgraceful, because it doesn’t take much time to compare the agreements
that were made in the past with what’s contained in this current
agreement.
I will go directly after what the minister just said about how
these people are not being forced to join particular unions. Well, the
agreement actually says they are. First of all, in
article 8.100 and
8.101, it says that maintaining their membership in such unions is a
condition of employment. It makes that very clear by saying:
“Application for membership shall be made to join the appropriate
affiliate within 30 calendar days.” That’s a condition of their
employment.
The minister should stop skating around that. It’s really
disgraceful that she pretends that’s not in the agreement. It’s
disgraceful to people like Natalie. Natalie Bak is a red seal welder
from Burnaby. She completed her apprenticeship with CLAC…
Interjections.
Mr. Speaker: Members, we shall hear the question.
M. Polak: …as many, many people do.
Here’s what Natalie says: “I’m proud of my training, and I don’t
understand why I can’t work on public projects as a CLAC member. How
does it make sense to exclude one of the top three sponsors of
apprentices in B.C. from public projects?”
It doesn’t make sense, and the minister should be explaining why
she expects that these people should be forced to join unions they don’t
want to join.
Hon. C. Trevena: The member opposite was in government for a number of years. She
should realize that it is a union jobsite, like Allied Hydro jobsites,
like the John Hart generating station under their watch, like the Waneta
dam under their watch. These are union jobsites. At a union jobsite, you
join the union after 30 days.
Many workers, which I think the member opposite realizes, are
members of a number of associations and unions. You can be a member of
the Carpenters and CLAC. You can be a member of a number of unions on
this jobsite. You’re anticipated — as at Waneta, as at John Hart — and
expected to join one of the 19 unions, the same unions that were under
Allied Hydro under the former government, as they are under our
community benefits agreement.
Mr. Speaker: The House Leader for the official opposition on a
supplemental.
M. Polak: Well, I guess the really only interesting thing about the
minister’s answer is that it’s becoming obvious we built a heck of a lot
of infrastructure when we were in government.
Interjections.
Mr. Speaker: House Leader, proceed.
M. Polak: Thank you, Mr. Speaker.
We’ve already covered the first part of the minister’s answer on
the agreements, which is incorrect, and where it is not the same as
previous agreements. There’s something else that this agreement does
that’s equally disturbing and maybe even more so.
Interjection.
M. Polak: No, it’s actually the wages that are paid to pre-apprentices. For
example, if you’re a bricklayer pre-apprentice, guess what. You don’t
even get minimum wage. As the table goes on, out to 2024, you don’t even
get minimum wage then. You still only get $12.38. I mean, what’s going
on here? So not even minimum wage for the bricklayers pre-apprentices.
No minimum wage for the drywall taper-finisher. They get $11.78. No
minimum wage for the tile-setters and the commercial-institutional. They
only get 11 bucks.
This is something they don’t want to talk about, and they
certainly don’t want to tell people like Natalie. Natalie says that the
best way to train more apprentices is to work with everyone in the
construction sector. Especially, they should be working with people like
CLAC, who train thousands of apprentices each and every year.
[10:50 a.m.]
Again, why is the minister misleading workers and British
Columbians about what’s in this agreement? When is she going to come
clean and stop forcing workers to join unions they don’t want to
join?
Hon. C. Trevena: Those tables have been adjusted. Everybody will get above the
minimum wage. I have to say that….
The member can say that CLAC has apprentices. We are doing exactly
what the previous government did, using the building trades. The
building trades and the private sector unions have a great record on
apprenticeships, on skills training.
I really do not understand what the opposition doesn’t understand
about union workplaces. I mean, whether it’s going into a school where
you’ve got the BCTF and you’ve got CUPE, whether it is working in a
hospital where you’ve got HEU and the BCNU, whether it’s a liquor store
or the Langley police department, we have union workplaces around this
province. That’s what we’re going to be doing. We’re proud.
BIOPRODUCTS DEVELOPMENT
IN AGRICULTURE
SECTOR
A. Olsen: To continue our theme of embracing innovation to drive economic
prosperity in British Columbia, I’d like to canvass a few issues with
the Minister of Agriculture on her birthday. Happy birthday,
Minister.
Last week the European Union voted for an extensive ban on
single-use plastics. Plastic straws and plastic bags are already being
banned in various jurisdictions right here in Canada. As we move away
from plastics, sustainable bioproducts are taking their place. We see
examples of innovation happening around the province.
In Revelstoke, a brewery is using bread from a recovery program to
make new brew. Victoria is home to Abeego, a successful operation making
reusable food wraps from beeswax. Enterra Feed Corp. is using food waste
to feed flies and using the resulting fly larvae to create animal feed.
The list goes on.
There’s so much opportunity for us to be encouraging innovation,
to be encouraging farmers to develop bioproducts. The world is
quickly changing, and alternatives to plastics are going to only
increase in demand.
My question is to the Minister of Agriculture. We have an
opportunity to position B.C. as a leader in bioproducts, but only if
government leans in to support this innovation. What concrete steps is
the minister taking to support the development of alternative
bioproducts in our agricultural sector?
Hon. L. Popham: Thanks to my colleague for the question. It is an exciting time in
agriculture. When you travel the province and meet farmers who are
embracing innovation, you know that the possibilities are endless. We
have just signed a new five-year Canadian agricultural partnership with
the federal government. This comes with a $14 million agri-innovation
program. This program will support projects relating to research and
development, pilot and demonstration, and commercialization and
adoption. It is an exciting time.
The member mentioned a few projects. I also have stumbled upon a
few really cool projects myself.
There’s a duck and chicken farm up in Kamloops operated by young
farmers that have launched a pilot project using flies to feed their
poultry. They’re using this as an alternative to food pellets. This is
replacing three tonnes of food waste every week from nearby restaurants.
Just in Delta, where my critic’s riding is, there is a dairy farm that’s
turning animal and food waste into biofuel and moving that fuel into the
Fortis grid. Then lastly, in the Fraser Valley, where the Speaker
resides, there’s a land-based aquaculture operation that uses food waste
to generate insect protein, which they then use to feed their coho
stock.
I’m as excited as the member is about innovation, and I look
forward to future discussions about that.
Mr. Speaker: Saanich North and the Islands on a supplemental.
FOOD SECURITY AND
FOOD-PROCESSING
SECTOR
A. Olsen: Thank you to the minister for the response. There was a time not
too long ago that Vancouver Island produced 100 percent of its food.
Fifty years ago we produced about 90 percent of the food that we
consumed. Now we import roughly 90 percent of our food.
With climate change, disruptions in the global food network are
increasing. Costs of transportation and drought are just two challenges
facing food security, an issue that I know the minister is passionate
about. But it’s not just growing more food that we need.
[10:55 a.m.]
In Canada, 30 percent of our food goes uneaten, and $31 billion is
wasted every year. Approximately 18 percent of food waste happens at the
manufacturing level, so this is a huge opportunity for innovation to
address both food waste and food security. We have opportunities to
encourage more food-processing facilities to help local
farmers.
My question is to the Minister of Agriculture. What is the
ministry doing to address the lack of food processing here on Vancouver
Island and across British Columbia?
Hon. L. Popham: It must be my birthday, because that’s the best question ever. I
am proud to say that in my mandate letter from the Premier, one of the
things that I’m addressing is the capacity of our food processing. Up
until now, we are one of the only provinces in Canada that wasn’t a home
to a food innovation centre. We’re working hard, with partners, to see
that a success in the near future, but there is a lot more that we can
be doing. Food processing is a value-added part of agriculture, and it
also would address things such as waste.
I can tell you that the member is exactly right. We are producing
less food than we use, and we’re depending more on imports than we ever
have in British Columbia. We need to address this for many reasons. One
of them is climate change resilience. Food security is a hot topic right
around the world, and I am concerned about that.
Mr. Speaker: Thank you, Minister.
Hon. L. Popham: But there are some successes as well, Mr. Speaker. Because it’s my
birthday, can I just talk about one?
Mr. Speaker: The member for Kamloops–South Thompson.
COMMUNITY BENEFITS AGREEMENT
AND
WORKERS
T. Stone: Tom MacDonald is a carpenter and a foreman. He’s worked for almost
20 years for the same company, Ledcor. He has participated — and is very
proud of his participation — in helping build major infrastructure
across British Columbia, like the B.C. Children’s Hospital, the Canada
Line, and highways and bridges. He’s been a member of CLAC Local 68 for
the entire period of time.
Here’s what Tom has to say: “My taxes are paying for these
projects, and I find it offensive that I would be forced to join a
particular union, lose the continuity of my pension and benefits, and be
dispatched to a company I have no history with, all in the name of the
NDP paying back their friends with no regards to my individual choice
and rights.”
Tom is with us here in the gallery today, and frankly, he deserves
an answer from the minister to this question. Why is the minister
forcing Tom to join a union that he does not want to join?
Hon. C. Trevena: To the member opposite, I thank him for the question. I repeat my
answer, from the previous two members, that we are using the same model
with the same unions that the opposition did when they were government.
We are using 19 building trades unions because they are proven, as
private sector unions, to be excellent at training those people in the
skills that we need training in.
We’re talking about heavy equipment. We’re talking about welders.
We’re talking about electricians. We’re talking about pile drivers and
ironworkers. These are all trades that we desperately need. The member
opposite, I know, was only in government for four years. He may not have
realized that there is a massive skills shortage. Part of the community
benefits agreement is to build up the people of British Columbia and
make sure that we’ve got those skills.
Looking at Indigenous people, looking at women and looking at
other people who don’t usually enter this and ensuring that they have
those skills and training, we are using the building trades unions to do
that training.
Mr. Speaker: The member for Kamloops–South Thompson on a
supplemental.
T. Stone: Frankly, the minister’s responses here, today, and in previous
opportunities where we’ve canvassed this subject are disheartening,
dismissive and highly disrespectful to people — workers like Tom
MacDonald and his colleagues who are here today and the thousands of
workers that they represent across this province.
[11:00 a.m.]
Now, let’s try this again, to refresh the minister’s
memory. Tom has worked for Ledcor for most of his career. Tom has
been a member of CLAC Local 68 for that entire time period. CLAC has a
long-standing bargaining relationship with Ledcor, but CLAC is not one
of the 19 NDP-approved unions.
Tom says: “I object to the fact that if Ledcor obtains a contract
on the Pattullo Bridge project, I would be forced to join the building
trades unions to work for Ledcor, even though Ledcor already has an
existing bargaining relationship with CLAC.”
This policy is unfair, and it’s discriminatory. My question to the
minister, again, is this: why is the minister preventing Tom from
working on the projects he wants to work on, working for the company he
wants to work for, and why is she forcing him to join a union that he
doesn’t want to join?
Hon. C. Trevena: Like the previous questions, I’d be very happy to sit down and
talk with Tom, to talk to him about this. These are the same unions that
the previous government used. We’re not forcing anybody to join a union.
It’s the union worksite, as are the Allied Hydro projects, as is a
school, as is a B.C. Transit operation. We have union worksites around
the province.
I just really wanted to reflect a little bit on the previous
government’s history. Yes, they did for…. Hydro used the 19 building
trade unions, because they can deal with the skills shortage. They can
deal with apprenticeships. But it has not always been their record.
Going back, the member opposite mentioned the Canada Line. That was
under the previous government, and under the Canada Line, they had 30
workers from Costa Rica being paid less than $4 an hour, working 12
hours a day, six days a week.
Yes, we are using a union worksite, and yes, we are using the
building trades, because the building trades can train people. We’re
proud of it, because we’re investing in the people of British Columbia
as well as the infrastructure.
J. Thornthwaite: Tim Spencer is 21 years old and a third-year apprentice from North
Vancouver. This is what Tim wants the minister to know: “This policy has
nothing to do with good-paying jobs. The increase in construction costs
doesn’t go to workers. It goes to higher union dues, the hiring hall,
bureaucracy and inefficiencies. I know I would vote to reject this
deal.”
My question, again, is for the minister. Why is the minister
forcing Tim to join a union he doesn’t want?
Hon. C. Trevena: I’m sure the member opposite did tell her constituent that it’s
really the honesty about what community benefit agreements are, that
we’re using the same 19 unions that their government did when they were
in government — the opposition, when they were in government.
I know that the opposition did have a relatively good relationship
with one union just before the last election, Ironworkers 97. There were
photos with the former Premier, Christy Clark. That union had some
thoughts about our community benefits agreement.
I would like to quote from Doug Parton, the business manager,
about the community benefits agreement. He’s talking about the Golden
Ears Bridge, what was there, and I have mentioned before about how the
Ironworkers had to bring pizza down to help people. But I’d just like to
quote from Mr. Parton.
Mr. Speaker: Thank you, Minister.
The member for North Vancouver–Seymour on a
supplemental.
J. Thornthwaite: I don’t quite know what that answer was, but I’ll continue
on.
Carmen Elebracht is a fourth-year electrical apprentice. She, too,
is in the gallery today. The question she has for the minister is: “I
don’t see how giving a monopoly to unions controlling 15 percent of the
workforce helps anyone, certainly not the workers. Why not take a
collaborative approach with all of the industry and let workers decide
who represents them?”
[11:05 a.m.]
Again to the minister, could we please get an answer? Why is this
minister forcing Carmen to join a union she doesn’t want?
Hon. C. Trevena: We are using 19 unions in a union worksite in our community
benefits agreement projects, as the members opposite, when they were
government, had union worksites too. They had Waneta dam, John Hart and
other Allied Hydro projects. They were union projects.
I’d like to go back to their union, the Ironworkers. Mr. Parton,
the business manager, was involved in the Golden Ears Bridge project,
one of their flagship public-private partnerships. Mr. Parton asked
this. He was a strong…. His union supported the previous government at
the last election.
He said: “But I ask this. Where are the community benefits on that
bridge?” — meaning the Golden Ears Bridge — “Where was the training of
the next generation of ironworkers, labourers, carpenters or whatever?
We got nothing out of it, except a big bill. An employer there made out
with a bunch of money, and there was no benefit to B.C.”
We’re investing in the people of B.C. We’re investing through
apprenticeships. We’re investing in Indigenous people. We’re making sure
that the people of British Columbia get the benefit when
we’re building infrastructure.
MEETING BETWEEN TRANSPORTATION
MINISTER AND
WORKERS
A. Wilkinson: It’s so good to hear that the Minister of Transportation is
concerned about workers. It’s so good to hear that she’s interested in
meeting with them. It was great to hear her say last week: “If the
opposition would like to share with me the details of the people that
have been in touch with them, I’d like to talk with them myself, because
there’s obviously a concern.”
The minister’s office is up here behind me to the right, and in a
short 20 minutes, the four people we mentioned today — Tom, Natalie,
Ryan and Tim — will all be available to meet with the minister at her
convenience on her way back to her office.
Will the minister meet with these workers and explain to them why
they’re being shut out of employment for the next five years?
Hon. C. Trevena: Of course I’ll meet with them.
[End of question period.]
Tabling Documents
Mr. Speaker: Hon. Members, I have the honour to present a report intituled
Interim Assessment of Implementation of Recommendations — Misfire:
The 2012 Ministry of Health Employment Terminations and Related
Matters from the Office of the Ombudsperson.
Orders of the Day
Hon. M. Farnworth: I call second reading of Bill 49, Professional Governance Act.
[L. Reid in the chair.]
[11:10 a.m.]
Second Reading of Bills
BILL 49 — PROFESSIONAL
GOVERNANCE
ACT
Hon. G. Heyman: I move that this bill be read a second time now.
The proposed Professional Governance Act has been developed to
fill a need identified by many British Columbians to better protect the
public interest in relation to professional reliance. The purpose of the
proposed act is to provide improved and consistent oversight and
safeguards concerning professional conduct and services, specifically
for the professions involved in decision-making in the natural resource
sector.
This bill has been prepared after this government’s consideration
of the independent Final Report of the Review of Professional
Reliance in Natural Resource Decision-Making , released earlier
this year and following extensive consultations with Indigenous nations
and stakeholders, concerning the policy elements for the bill itself.
These stakeholders include the professional regulatory associations
concerned, employers of regulated professionals and a range of other
citizens concerned about natural resource management and public
oversight.
Over 4,000 responses were received and considered during the
engagement process for the professional reliance review and,
subsequently, through the consultation process supporting the
development of this legislation. Many meetings with the five
professional regulatory associations named in the bill were invaluable
for their knowledge and expertise on professional governance with
respect to their professions.
A bundled engagement process on wildlife management, species at
risk and professional reliance matters was conducted by government
staff, with 105 Indigenous nations participating in 15 regional
sessions from May to August of this year.
There were also face-to-face discussions with individual First
Nations, as well as two on-line sessions that focused exclusively on
professional reliance, with eight First Nations
participating.
A two-day advisory round-table workshop included representatives
from community groups, professional regulators both in and outside the
natural resources sector, the business community, labour unions,
environmental organizations and coastal First Nations.
Staff in my ministry also met informally with a number of industry
associations during the development of this bill, including the Mining
Association of B.C., the Canadian Association of Petroleum Producers,
the Council of Forest Industries and the Association for Mining
Exploration.
[11:15 a.m.]
In addition, a number of resource companies participated in the
advisory round-table workshop and met bilaterally with ministry staff.
Discussions were also held with the Provincial Forestry Forum and the
Forest Practices Board.
As a result, this bill is the product of thorough engagement with
a wide-ranging cross-section of organizations and citizens that want to
see effective and trusted management of our province’s natural
resources.
Perspectives do, of course, vary, but a common goal is that
professional reliance, in the context of natural resource management and
decision-making, must happen in a way that is transparent and
accountable to government and to British Columbians around the
province.
To that end, this bill establishes and provides for the functions
of a new office of the superintendent of professional governance to be
located in the Ministry of Attorney General. This office will be a
centre of expertise in professional governance and will have the
authority to carry out various functions as required or authorized by
the act.
The act will initially apply to the key five professional
regulatory associations that govern professions involved in land and
natural resource use decisions. These are: the B.C. Institute of
Agrologists; the Applied Science Technologists and Technicians of B.C.;
the College of Applied Biology; the Association of Professional
Engineers and Geoscientists of B.C., also known by the shorter name,
Engineers and Geoscientists of B.C.; and the Association of B.C. Forest
Professionals.
The office will be charged with administering the act and keeping
the public interest front and centre as it works with the professional
regulators, regulatory associations and other stakeholders to develop
effective regulations to fully implement the act.
The superintendent will have statutory authority to issue
guidelines for consideration by professional regulatory associations, to
conduct investigations and audits of professional regulatory
associations, to issue directives, to take enforcement action in
relation to offences under the act and to appoint public administrators
to take over some or all duties of a professional regulatory
association, as a last resort.
The intent is that the superintendent and professional regulatory
associations will work collaboratively to identify issues and make
improvements so that there will be no need for the superintendent to
resort to enforcement measures. However, these measures will be
available, if this bill is enacted, as final safeguards to ensure that
the public interest is protected.
The act includes requirements for the professional regulatory
associations to report annually to the office with respect to their
effectiveness as regulators of their profession. This information will
inform annual reporting by the superintendent to the Attorney General
concerning the effectiveness of the act. The superintendent may also be
called on by the Attorney General to make recommendations for changes to
improve the act.
In addition to overseeing the professional regulatory associations
operating under the act, the office will be empowered to look into the
state of practice of professions generally in British Columbia and will
be able to make recommendations to cabinet regarding the designation of
additional professions under the act to safeguard the public
interest.
The professional regulatory associations under the act will
operate with a common set of standards and associated requirements to
bring consistency, improved transparency and accountability to their
respective professions. For instance, the act sets standardized duties
and responsibilities for professional regulatory associations, the first
of these being the duty to serve and protect the public
interest.
The act also standardizes and bolsters the complaints and
discipline process for professional regulators. The size and structure
of the governing councils of professional regulatory associations are
also standardized in this bill to ensure that these councils have
greater public representation and are made up of individuals who possess
the competencies needed to govern their respective
associations.
[11:20 a.m.]
The provisions in this bill are designed to strengthen and focus
the responsibilities of professional regulatory associations governed
under the act to regulate their professions. Councils are given the
authority to adopt bylaws without member ratification, subject to
oversight by the office. Certain forms of advocacy currently allowed in
existing professional statutes that do not necessarily align with the
public interest are eliminated.
Authority is also provided for any professional regulatory
association governed under the act to regulate firms that employ
professions in the regulator’s practice area and to set requirements in
key aspects of professional regulation, including ethics, conflict of
interest, continuous professional development and quality
management.
This bill also extends practice rights to these professional
regulatory associations that currently have the exclusive right to their
professional titles but not exclusive right to practise their
profession. Specifically, the applied biologists, the agrologists and
the applied science technologists and technicians will be enabled to
have this right under the act.
This bill also brings new obligations for the individual
professionals who are governed by the professional regulatory
associations under the act. Individual professionals governed under the
act will be required to declare their competency for the specific work
they undertake and declare any real conflicts of interest or
circumstances that may reasonably be expected to give rise to
perceptions of conflict of interest.
Professionals will also be required to follow a common set of
ethical principles and report when the conduct of other professionals
poses a risk to the public and the environment. The act also includes
new whistle-blower protection for those that report in accordance with
this requirement. Finally, requirements for continuous professional
development will be new for some of the professions under this
act.
After roughly 15 years of experience with the enhanced
professional reliance model, it is reasonable and necessary that
government reflect on this model and take steps to address issues that
were identified in the review concluded earlier this year as well as in
other reports over the last decade. This act and the proposed office of
the superintendent will address areas in the professional reliance model
that need to be improved.
This government is responding to public concerns about a need for
more oversight and transparency to ensure that professional regulatory
associations and their members are clearly placing the public interest
first and foremost. A similar approach to governance of professional
regulatory associations has been successfully adopted in other sectors
and jurisdictions over the last decade, most notably in the health
sector here in B.C. and in the United Kingdom.
This proposed act would put a governance framework in place that
follows international best practices and helps professional regulatory
associations to strengthen their role in protecting the public interest
and to improve public trust in professional oversight.
I’m proud to introduce this bill, and I look forward to
debate.
P. Milobar: It’s my pleasure to rise and take my place in the debate around
Bill 40, in second reading. Or Bill 49 — sorry. Wishful thinking, maybe.
Bill 40 is the proportional representation bill.
Bill 49, the Professional Governance Act, frankly, could be
retitled the “Take a sledgehammer where a fly swatter is needed” act.
I’ll delve into that through my comments here as we move
forward.
I don’t think there’s a concern about regular review, regular
re-engagement of professional bodies to make sure that best practices
are followed, that modernization is happening, that the public is being
well served by those bodies and that government is being well served by
those bodies.
[11:25 a.m.]
But Bill 49 does that and so much more, and that’s, I think, where
our underlying concerns on this bill are. This bill, as witnessed by
being introduced by the Minister of Environment, seems to be very
heavily targeted with a very specific outcome already underway and
undermined.
I say that because once implemented, this bill will be fully
managed and used and regulated through the Attorney General’s office,
not the Minister of Environment’s office, not the Minister of Forests,
Lands, Natural Resource Operations and Rural Development’s office — any
of the other ministries that these five organizations actually touch
upon on a regular basis. It’ll actually be managed by the Attorney
General’s office. Yet it’s a piece of legislation being brought in by
one of those other four ministers instead.
I think that’s what creates some of the underlying concerns — when
you talk to agencies, when you talk to some of the groups that have been
consulted on this — where this bill has landed. This bill has landed to
the extreme of trying to make some changes within some of these bodies
and how they self-regulate themselves and how they work
forward.
The fact that there may be some oversight, I think people can
understand, is a desired outcome in terms of wanting to make sure there
is that public confidence within any of the projects as they’re getting
reviewed. However, with such a strong focus on simply the natural
resource side of the great many tasks that all of these associations
do…. They do so much more than simply natural resource work. In fact, I
believe the engineers…. Only about 20 percent of their membership
actually works within the natural resource industry.
However, 100 percent of their body will fall under this act, which
has been created expressly, as the minister has said, to try to work on
natural resource projects and natural resource codes of conduct and
standards of care, which leads you to wonder. How does that, such a
heavy reliance and such a heavy view towards the natural resource side,
come into play, when people within those scopes of work that are doing
something totally outside of that type of natural resource work come
into play?
When you look through the bill, there are some very concerning
aspects to it. First and foremost, and probably the most significant, is
the absolute power that would be granted to the superintendent in this
bill. The superintendent in this bill would have absolute power. The
superintendent in this bill would be able to look at an organization
that’s not currently under this legislation, a professional body, and
deem that they feel that professional body should fall under this
legislation.
Now, that professional body would have no say in the matter. They
could protest. They could make a case for why they don’t think they
should be. But if the superintendent is so inclined to demand that they
become part of this legislation, it’s as easy as making a recommendation
to the Attorney General, and then that is so.
If the superintendent under this act deems that two associations
should be joined to form one, the superintendent can consult with those
two professional bodies to see if they would like to join together and
become one. So he could talk to, say, the agrologists and the foresters
and say: “Hey, it might make sense that you two become one professional
body. Why don’t you talk together and see if you can’t work this
out?”
Now, my hunch would be that those two sides would say: “Thank you
so much. We’ve talked about it. We’re not interested in joining
together.” One would think that would be the end of it.
But no, under this Bill 49, the superintendent can still turn
around and say: “Well, I still think it’s more appropriate that you two
actually join.” Whether or not the agrologists and the foresters agree,
the superintendent has the power in this legislation to make that so. He
has the ability to amalgamate professional bodies together, whether they
want to be amalgamated together or not.
That is not oversight. That is an overreach, and that is the
biggest problem that I’ve been able to find in this bill. Going through
an update with staff, a briefing with staff ahead of time, they
confirmed many of our
interpretations of some of the sections in this
bill, because that’s ultimately what this bill says. This bill says that
the superintendent has ultimate power. The superintendent, if they
believe that either an organization should have passed a bylaw or a
bylaw would be appropriate for them or a piece of code-of-conduct policy
would be appropriate for them….
[11:30 a.m.]
Whether those organizations, the engineers believe that
would be a good piece of bylaw or a good code-of-conduct policy to have,
the superintendent has the ultimate authority under this new legislation
to implement it regardless of what those professional bodies say. As
much as this sounds like it is a wonderful thing to try to get those
organizations to rely on best practice, even if it’s a proposed bylaw
that would not actually be best practice but a personal opinion of a
yet-unnamed superintendent to put into effect, those bodies would now be
beholden to that bylaw with no recourse.
There is whistle-blower protection like crazy in here for people
within these organizations to report, because there is a duty to report,
and I can understand that, but there’s no whistle-blower protections for
anyone feeling that the superintendent might be acting out of
order.
Again, it’s creating a situation where over time, the
superintendent will have too much authority, too much autonomy and too
much power without proper checks and balances. The minister referenced
the word “intent,” and the minister’s staff in our briefing referenced
the word “intent” on a couple of questions. Well, intent is wonderful,
but this is a legal document. It’s not about what the intent of the
drafter of the legal document thought was going to happen. It’s not what
the intent of the minister might be. The minister may have the best of
intentions in the world as it relates to how the superintendent should
operate.
The Attorney General who will oversee this could have the best of
intentions, regardless of political stripe, for how this is going to be
done. Then there’s a new Attorney General in office, maybe there’s a new
superintendent hired, and maybe there’s a new staff person in the
background. There’s always movement happening in government. Nothing is
an absolute.
From that, intent goes out the window. The person that drafted the
legislation had a certain intent in mind, based on direction from the
minister — who gave the intent of what the minister would like to see
this drafted around. It was followed up by an Attorney General that, one
would assume, was somewhat involved in the drafting of legislation that
they will now be responsible for moving forward. All of those people’s
intent is no longer relevant. What are the legal powers and authorities
written in this document, and what does it legally allow the
superintendent to do? What does it legally allow the Attorney General
and cabinet to do?
In this bill, it puts way too much power and authority into the
hands of those people when you’re talking about the oversight of, to
start with, five. It could actually drop down to two or three as the
superintendent decides to amalgamate a bunch of these groups together.
Then it can actually grow again as the superintendent starts to go a
little further afield with some other professional organizations, and
say: “You need to be under this legislation. You are now under this
legislation.”
That’s the overriding problem here. The superintendent is unlike
other offices that would be statutory in nature. If you think of the
Auditor General, the Privacy Commissioner or offices of that nature,
those are appointed by a committee of this House. Those people answer to
this House as a whole. This superintendent is hand-selected by the
Attorney General and cabinet. Their tenure solely lasts at the will of
the Attorney General and cabinet.
There are lots of positions out there that are like that if you
sit on a board. I don’t take issue with the fact that the four laypeople
on the five boards would be appointed and serve at the pleasure of the
minister. I get that. I was on the B.C. Transit board. It’s very clear.
You serve at the pleasure of the minister. I understand that. That’s at
the board level, though. That’s a board member at a board level. We have
so many boards out there. That’s the only manageable way to make
something like that happen, from universities to transit to Hydro. You
name it. That makes perfect sense.
What doesn’t make perfect sense, though, is when you’re appointing
somebody that will be able to have ultimate control and ultimate
direction over five professional bodies in a piece of legislation that
is supposed to control those five professional bodies as a whole, yet
has been crafted specifically, by the minister’s own words, with a focus
on natural resource.
[11:35 a.m.]
I don’t know many elevator technicians that need to worry about
the natural resource sector and UNDRIP, but they fall under this. This
has been crafted 100 percent in a way to try to knuckle down on the
natural resource industry and try to shut things down. Let’s be very
clear about that.
When you look into areas around “duty to report,” the
section
around “duty to report” in this…. Again, clarified by staff in the
briefing, and with 157 or 158 sections of this bill to go through, I’m
sure it won’t be a short committee stage of this bill as we delve into
trying to get answers from the minister on each section. But at a high
level, when we queried what “duty to report” would mean…. It says that
if you’re a professional and you believe there may be harm being done to
the environment, you must report.
My question was: if I’m a forester that’s out for a drive on the
weekend, and I’m driving by a cutblock, and just by my eye, with the
terrain of the hill, I feel that they cut 15 feet too close to the road,
do I have a duty to report the other forester, who probably did months
and months of work trying to figure out the proper guidelines of where
that cutblock should be?
The answer back was: yes, because if the person on a Sunday
afternoon drive — a forester, a professional — feels there may have been
harm done to the environment, they must report. In fact, if they don’t
report, they find themselves in hot water. There’s no definition around
what “may” and the level of damage to an environment may be, but one can
see where it doesn’t take much for this to expand.
Now, I go back to the elevator service person — who would fall
under ASTTBC, I believe — or other such types of technicians. Very
skilled in what they do, very knowledgable in what they do, they fall
under this professional model as well. If that person is going fishing
for the weekend and just has a personal opinion that they feel that that
cutblock is too close, do they have a duty to report? They fall under
this. Their professional code of conduct says that if they think
something may be harming the environment, they must report it. If they
don’t, do they face sanction?
Are we turning an office that is scheduled to have an original
staff of 12…? I would suggest it’s going to take a lot more than that,
because of the amount of potential reporting coming in, because of what
people think may be happening out there — people that might have zero
training as it relates to that field but that fall under this
legislation in one of the five categories and that do work that’s
totally unrelated to anything to do with natural resources. It actually
says that it’s their professional duty to report. That’s what it says in
this.
When you look at this bill strictly with a lens as a forester,
only about foresters, you can understand the duty to report, forester to
forester. That will work out over time, I’m sure. There’ll still be some
differences of opinion, absolutely. But when you start looking through
the duty to report in this whole bill and how it’s all-encompassing,
it’s mind-boggling — the overlap and the situation that the government
is putting into place with this bill, instead of tightening up and
working with these organizations to get some better oversight. Again,
they are going to the extreme.
Now, we’ve heard a lot about the “public interest” and the public
good. The minister referenced that several times in his opening
comments. Yet there is no definition for that in this. We have pages of
definitions. We don’t have pages of definition — or even one paragraph,
one sentence of definition — around what that means, yet it’s integral
to how the superintendent is going to conduct their duties.
The minister’s own staff were not able to provide us…. Again, I
don’t take issue with the staff. I think they’ve done a wonderful job.
They have taken their direction from the minister and other
ministers.
[11:40 a.m.]
One would presume, since this touches on, actually, four
ministers’ purview, that they would have taken direction from all four —
and in fact a fifth minister, the Attorney General, who would have had
nothing to do with these groups to this point but now is the overseer of
all five. One would assume that these staff took direction, and I
believe they did. I believe our professional public service does
exceptionally good work at a very high level. They can only provide
back, though, that under what direction they’ve been given.
One has to believe that the direction they’ve been getting from
government is to make sure that this is solely focused on the natural
resource side of the equation. There was a total lack of oversight in
how these will work in practicality with all people in these professions
under this act that now have a duty to report and now have to make sure
that the public interest is being considered. But there are no
definitions for them to operate under, so they’ll be left to their
own.
There is not something as easily answered as potential conflict of
interest. Now, potential conflict of interest, I agree, comes down to
one’s own perception of what may or may not be conflict of interest.
When you ask a question, in my mind, as simple as….
Does this mean if you are a forester and you work for a private
forestry company, you would be considered in conflict of interest if you
turned around and worked for B.C. Timber Sales, if you worked for the
government on a separate contract? It may be in the same valley but a
different cutblock. Would that put you in conflict of interest? Would
you no longer be able to do contract work for the government and
contract work for the private sector if you’re a forester? They can’t
answer that question.
One would think that with a bill that’s had so much consultation
and so much discussion, as the minister alluded to, the fundamental
issues like that would have been worked out and thought about, and what
those ramifications mean to these professionals. This is about these
professionals being able to hang on to their ability to do their craft,
to be able to say that they are professionals, to still be able to have
a job, to still be able to provide for their families and know what
rules they’re operating under.
Yet under this legislation, there’s no clarity there. It’s not
good enough to say: “Well, the intent is this.” Intent is wonderful, but
discipline tribunals don’t look for intent. Discipline tribunals will
look for the language of the legislation and say you were in
contravention. That is a problem.
For this and many other reasons that I’m sure my colleagues will
be getting into, I have a hard time supporting this. We don’t know,
don’t even have a ballpark of what the cost of this office will be. It
will be run through the Attorney General’s office. They say it starts
with 12, but one only has to guess how much that will actually cost. It
appears that the superintendent doesn’t actually even fall under the
public sector act, so the superintendent appears to have the ability to
negotiate whatever pay packet they decide would be reasonable for them
one on one with the Attorney General.
That seems a little odd to me, but we’ll get clarification of that
going through committee stage. But it would seem strange that somebody
that not only owes their whole job to the Attorney General and cabinet
and gets fired, potentially, by only the Attorney General and cabinet
can also go in and negotiate their own pay packet and make sure that if
they want to see that pay packet still continue on…. You know, where is
that line of separation when they keep reporting back to the person that
has the ability to fire them? Where is the independence towards these
five groups with the superintendent’s office?
I know the intent. We, hopefully, will hire the person with
impeccable qualifications, but that doesn’t guarantee person No. 2 has
impeccable qualifications. It doesn’t guarantee that someone with this
much power doesn’t wind up in the midst of political changes and
back-and-forth debate and back-and-forth ideology that happens around
this place.
[11:45 a.m.]
That doesn’t provide stability to these five organizations. That’s
doesn’t provide stability to the general public. That doesn’t build
confidence. That just creates uncertainty and a patronage appointment
that gets to set their own pay scale. That’s very troubling.
There doesn’t seem to be any length of term for the superintendent
to serve. They’ve got lots of language in there around the councils that
get appointed, the seven professionals and how they get appointed, the
four laypeople and how they get appointed. And I agree that they should
be merit-based, like they have laid out in the legislation. So they’ve
done some things right in this legislation.
I can’t find a length of term for the superintendent. Is it a job
for life? No one really knows. If they get to negotiate their own pay
packet, that also means they get to negotiate their own parachute of
severance, if they don’t fall under the same guidelines the rest of the
public service would fall under.
The bylaws that are drafted by the councils have got to be given
to the superintendent. The superintendent screens them. The Attorney
General, through the Lieutenant-Governor-in-Council, then introduces
them into regulation. Again, it doesn’t matter what the professional
organizations say.
Those bylaws could just die a slow death and go nowhere? Or if
those organizations aren’t cracking down on development quite like the
government would like to see, then that can be created with this bill.
The superintendent has the power to do that. The superintendent has
large, wielding powers when it comes to investigations. The
superintendent has the ability to pretty much do as they
please.
Now, that’s not, again, oversight. That’s an overreach. This bill
has taken what started out to be a reasonable concept moving forward.
And although the government will say they consulted, consulting and
reaching out to hear what people have to say and actually listening to
or taking any of their advice are two totally different things. I have a
hard time believing…. In fact, some of the groups have said, even as
this was being developed, even as the intentions papers and that were
being released, indications from government around the
consultation….
These organizations had said that the biggest, troubling piece
they have out of this is the power and the overreach that a
superintendent could have. Yet that’s exactly what we see in here. We
don’t see it tempered. We don’t see it managed. In fact, it’s almost
like the government heard those concerns and said: “Well, you know what?
Maybe let’s stack on the authority of the superintendent even more.
Let’s make the superintendent even more powerful, just to show these
organizations who’s boss.”
If you look and wonder why some of the organizations aren’t going
to be overly vocal in this…. It really doesn’t take much of a stretch to
understand why. If you look at where and how much work is contracted by
the government for some of these professions, it’s pretty hard to stand
up and publicly say to the person that’s hiring you for the majority of
your work that you don’t agree with this overreach.
It’s incumbent upon us to stand up and speak for them and say that
this is exactly what it is. It’s an overreach. It is creating the office
of a superintendent that will do nothing to further the professionalism
of these groups, other than create a bureaucratic nightmare for them.
The only reason you would need a superintendent with this much power is
if you as a government are not happy on the natural resource side of the
equation that there have not been more restrictive bylaws put into place
to try to prevent people’s scope of practice and try to create an
environment where everyone is nervous about what it is they’re doing and
designing.
[11:50 a.m.]
That’s all this bill does. For the most part, there are many
sections of this bill that actually speak to existing bylaws within
these professions, so it’s not changing any of that. This bill is trying
to recognize…. By making a board for each one, with seven professionals
within that professional body on that board governing it, there is
obviously capacity within those organizations to manage
themselves.
[Mr. Speaker in the chair.]
But instead of making sure that those groups can still work
independently, it’s created a situation where there is an all-knowing,
all-powerful superintendent, and I think that’s untenable. That’s
something that we need to get a lot more information on as we move
through committee stage, questioning the minister on this.
Noting the hour, I just need some guidance here. I’m pretty much
done with my comments, but we have other speakers. So how do I phrase
it?
Mr. Speaker: Perhaps, rather than have another speaker, unless the next speaker
believes they can be completed in a couple of minutes.
P. Milobar: No, I will just adjourn debate.
P. Milobar moved adjournment of debate.
Motion approved.
Hon. D. Eby moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:51 a.m.
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