British Columbia Hansard — Wednesday, November 1, 2017, p.m., Issue 50 (41st Parliament, 2nd Session)
20171101pm-House-Blues
British Columbia — Debates (Hansard)
Second Session, 41st Parliament
(2017) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Wednesday, November 1, 2017
Afternoon Sitting
Issue No. 50
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Introduction and First Reading of Bills
Bill M206 — Court Order Enforcement Amendment Act, 2017
A. Weaver
Statements (Standing Order 25B)
Welfare Food Challenge and poverty reduction
M. Elmore
Elmer Derrick
E. Ross
Sikh Nation Blood Drive
R. Kahlon
B.C. Youth Parliament
L. Reid
Indigenous disability awareness
M. Dean
Projects by Douglas and N’Quatqua First Nations
J. Sturdy
Oral Questions
Site C power project report and status
M. Bernier
Hon. C. James
D. Davies
Site C power project and agreements with First Nations
J. Rustad
Hon. C. James
Government funding for communities and businesses impacted by
wildfires
C. Oakes
Hon. D. Donaldson
Disclosure of executive council travel expenses and directly
awarded contracts
M. de Jong
Hon. J. Sims
Massey Tunnel replacement project
J. Sturdy
Hon. C. Trevena
I. Paton
Motions Without Notice
Appointment of Special Committee to Appoint a Chief Electoral
Officer
Appointment of Special Committee to Appoint an Information and
Privacy Commissioner
Appointment of Special Committee to Appoint a Conflict of Interest
Commissioner
Hon. M. Farnworth
Orders of the Day
Committee of the Whole House
Bill 11 — Provincial Court Amendment Act, 2017
Report and Third Reading of Bills
Bill 11 — Provincial Court Amendment Act, 2017
Second Reading of Bills
Bill 13 — Pooled Registered Pension Plans Amendment Act,
Hon. C. James
S. Bond
A. Weaver
Hon. C. James
Bill 10 — Health Professions Amendment Act, 2017
Hon. A. Dix
M. Bernier
S. Furstenau
Hon. A. Dix
Bill 14 — Sheriff Amendment Act, 2017
Hon. D. Eby
M. Morris
A. Weaver
Hon. M. Farnworth
Bill 12 — Public Safety Statutes Amendment Act, 2017
Hon. M. Farnworth
M. Morris
A. Weaver
Hon. M. Farnworth
Bill 6 — Electoral Reform Referendum 2018 Act (continued)
M. Polak
R. Leonard
S. Thomson
L. Krog
M. Lee
D. Davies
A. Kang
J. Johal
N. Letnick
S. Cadieux
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Children and Family Development
(continued)
Hon. K. Conroy
L. Throness
J. Thornthwaite
L. Larson
Hon. K. Chen
WEDNESDAY, NOVEMBER 1, 2017
The House met at 1:34 p.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
[1:35 p.m.]
Introductions by Members
Hon. A. Dix: It’s an honour to introduce a whole host of individuals who are part
of the Better PharmaCare Coalition. I know that members on the opposition
side met with members of the coalition this morning, and members on the
government side and the Green caucus at lunch. We’re so appreciative of the
work that these people do in the communities, within their groups and within
the coalition.
I’d like to introduce today the executive director, Ganive Bhinder, of
the Better PharmaCare Coalition; and an old friend, Jean Blake, used to be
with Diabetes Canada and now with the Parkinson Society British Columbia,
the CEO. She was here with two people who live with Parkinson’s, Alf Todd
and Jean Fraser.
We also had Gail Attara, the president and CEO of the Gastrointestinal
Society; Maureen McGrath, executive director of the Women’s Health
Initiative Network; George Kaminsky, the B.C. director of the Canadian
Pulmonary Fibrosis Foundation; Bob Mellar, who was with George and who lives
with idiopathic pulmonary fibrosis; Jean Fong, the communications director
of the B.C. Schizophrenia Society; Ellen Stensholt, who is a caregiver to
her daughter with type 1 diabetes and an outstanding volunteer advocate; and
Louise Binder, who is a health policy consultant with the Save Your Skin
Foundation.
I ask the members on all sides of the House to say thank you for their
meetings today and welcome them here to question period.
A. Wilkinson: It’s a pleasure to welcome here today Mr. John Warrington and his
daughter, Mackenzie, who is here on a Take Our Kids to Work Day. This must be
one of the strangest workplaces in the western hemisphere.
Also to welcome about 50 students from Prince of Wales high school,
possibly up here behind me — I can’t see them from here — and their teacher
Mr. Tony Lee, who has a very demanding job today, but I hope he’s enjoying
it.
Hon. C. James: I have a constituent and guest who is in the gallery today. She’s a
longtime, very active Victorian who worked as an administrative assistant at
Queen Alexandra Solarium. She served as secretary for the International
Woodworkers of America, local 180.
She was a terrific volunteer who wonderfully greeted people as they
came into my constituency office. She now volunteers with the Christ Church
Cathedral in a number of areas, including as a member of the Aboriginal
neighbours group, who work with First Nations in our region. Would the House
please make Maureen Applewhaite very welcome.
L. Throness: I’d like to welcome Wendy Noble, a long-term friend from Ottawa, from
another political life. She’s here working for Babcock Canada, which helps
to manage Canada’s four submarines. I’m told that they actually do go
underwater. Would the House please make her welcome.
Hon. M. Mark: Today it is my pleasure to welcome 13 students from across Victoria
who are participating in Take Our Kids to Work Day. Their names are Mateo
Pavida, Damian Paravick, Nicholas MacLean, Sammy Martinez, Lucy Bellow,
Sydney Whitwell, Jackson Carr, Brandon Spencer, Nathan Spencer, Montage
Gill, Brandon Caveen, Lucy Alexander and Keegan Bondroff.
These students are joining us here today to learn more about the role
of government and how it relates to the work of their parents, friends and
relatives, all of whom work in my dynamic ministry, helping people advance
their education, skills and training. Will the House please join me in
welcoming all of them in this Legislature.
[1:40 p.m.]
Hon. S. Fraser: Following the theme of Take Our Kids to Work Day, we have four grade 9
students joining us today whose parents or friends work at the Ministry of
Indigenous Relations and Reconciliation. Aurora Ralph is with us from Vic
High. We also have Angela Atwater, Anna-Claire Hallam and Arden Thomas, who
are part of the Claremont pursuit of excellence program. They are joined by
their parents and friends Laurel Nash, my assistant deputy minister, and
Jeff Ralph. Would the House please make them feel very, very
welcome.
R. Kahlon: I didn’t know that it was bring your child to work day. I thought it
was bring your friends to work day. I’ve got three lovely friends here — Raj
Khatar, Abu Khan and Arnie Sandhu — who are visiting the
Legislature.
A special thank-you to the good people in the library who pulled out
the old newspaper clippings from 1914 so that they could see the original
stories around the Komagata Maru . They were quite impressed. Thank
you to them, and thank you to my friends for joining us today.
B. Ma: It’s my pleasure to be able to welcome to the gallery here today a
good friend and key member of my election campaign team, Renzo Koornhof.
Renzo actually lives in the riding of Vancouver-Kingsway and, in the year
leading up to the election, was working full-time in New Westminster. Yet he
loved North Vancouver so much that he voluntarily added an extra two to
2½-hour round trip public transit commute to make it all the way out to
North Vancouver to volunteer up to four or five times a week for almost a
year.
I am so, so grateful to the dedication of Renzo, without which I might
not be here today. I’m also very grateful to the Minister of Health for not
being too upset with me for stealing him from his riding.
Hon. L. Beare: I rise today to introduce Ann Newhook, a very special woman who has
trekked all the way from St. John’s, Newfoundland, to be with us in the
House today. Not only is she the mother of one of my staff, Kelly Newhook,
who has been a true gift to both me and my ministry, but she’s also the
grandmother of young hockey sensation Alex Newhook, a 16-year-old who is
playing hockey in the BCHL and is currently headed to Fort St. John and
Dawson Creek to represent Canada in the World Under-17s next
week.
It’s a world-class tournament supported by our government that helps
us promote excellence in sport and gives young people like Ann’s grandson
Alex an opportunity to thrive. I’d like to welcome Ann to our House and wish
Alex and Team Canada the best of luck. I hope you’ll join me.
Hon. L. Popham: Well, I’m rising today to wish one of our colleagues a very happy
birthday. He’s a colleague that brings a smile to our faces and makes us
laugh. I think no matter what side of the House you’re sitting on, we can
all appreciate his good sense of humour. Happy birthday to my friend the
member for Powell River–Sunshine Coast.
Hon. R. Fleming: In the gallery today, we’re joined by Karli Reeve, who’s the strategic
human resource planning coordinator at the Ministry of Education. She’s
joined by student guests from Oak Bay High School — Matthew Champion, Jeremy
Restall and Paige Bamford — as part of Take Our Kids to Work Day. I would
ask the House to join me in making Karli and our student guests most welcome
here today.
Hon. S. Simpson: I hope that the House will make Jacob De Wijze welcome today. Jacob is
a grade 9 student from my constituency. Jacob has visited the House of
Commons and has a keen interest in politics. For Take Our Kids to Work Day,
he and his family contacted me and asked if he could come to work with me
for the day. Jacob is here in Victoria, spending the day with me and my
staff. He’s here to visit and learn all about what we do and to watch
question period.
He is joined by my admin coordinator, Val McKnight, who we all know
keeps our lives in order administratively and makes sure we’re where we’re
supposed to be when we’re supposed to be. Please make Jacob and Val
welcome.
Hon. S. Fraser: I have a second introduction to make in the theme of taking our
friends to work, as was pointed out before.
[1:45 p.m.]
My good friend Wolfgang Zimmermann is visiting us in the gallery
today. Wolfgang is the president of the Pacific Coast University for
Workplace Health Sciences. They’re setting the standard for the world in
disability management and return-to-work strategies. He is joined today by
the vice-president for administration, Joyce Gravelle. Will this House
please join me in making them both feel very, very welcome.
R. Chouhan: It gives me pleasure to welcome two of my best friends, Bruce Ferguson
and Merrick Walsh, from the Construction and Specialized Workers Union Local
1611. Please join me to give them a very warm welcome.
Introduction and
First Reading of Bills
BILL M206 — COURT ORDER ENFORCEMENT
AMENDMENT ACT,
A. Weaver presented a bill intituled Court Order Enforcement
Amendment Act, 2017.
A. Weaver: I move that a bill intituled the Court Order Enforcement Amendment
Act, 2017, of which notice has been given in my name on the order paper,
be introduced and read a first time now.
I’m pleased to be introducing a bill intituled the Court Order
Enforcement Amendment Act, 2017. Inspired by a discussion on Monday, I’m
reintroducing this for the second time.
Registered retirement savings plans are protected in this province
from creditors in the case of personal bankruptcy. Protecting these
funds provides a small safeguard that individuals undergoing bankruptcy
will not be completely destitute in their old age. It’s good law that
most provinces in Canada have adopted.
However, there is no protection for funds that are part of a
registered education savings plan or a registered disability savings
plan. These are important funds that need equal protection. Recognizing
that a child should not have their education investment seized due to
misfortune that befalls their parents, the Alberta government passed
legislation a number of years ago protecting RESPs. It’s with this in
mind that I bring this bill forward today.
This bill amends the Court Order Enforcement Act to ensure that
RESPs and RDSPs are protected by law from creditors.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
A. Weaver: 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 M206, Court Order Enforcement Amendment Act, 2017, 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)
WELFARE FOOD CHALLENGE
AND POVERTY
REDUCTION
M. Elmore: The sixth annual Welfare Food Challenge, organized by Raise the
Rates, starts today and runs for seven days. The challenge is, for one
week, eating only what can be purchased with the money a welfare
recipient receives. Even with the $100-a-month raise implemented
recently by this government, a single person now receives $710 a month,
but the allocation that is their food budget is $19 a week for food.
This is to accommodate for the rising cost of rent and the high cost of
living. It’s $1 more a week for this budget than the challenge last
year.
The purpose is to raise public awareness of the extreme poverty of
people on income assistance, the need for change and the need for more
action and commitment so people can live with dignity.
I’m going to be participating this year. I kicked off today. I
advised my family of this on the weekend, and my mother asked if she
could bake some cookies for me to help me through the week, but that’s
not allowed. You can’t accept any charity or any other provisions beyond
your budget. I did some shopping last week for $19 — pretty tough for
the whole week. I bought it last week and prepared it. Actually, I’m
going to be here in Victoria for the whole week.
I think it’s going to be a challenge, but certainly, I’m committed
to really having that insight into the experience and the hardship of
people living in deep poverty and, really, the depths of poverty — to
understand that. That’s also why I’m very committed and our government
is committed to looking into adopting a poverty reduction plan and
really travelling across the province.
We need to understand the high costs of poverty. Investing in a
poverty reduction plan invests in people and ensures that we have
opportunity for people. The message from the organizers and from myself
that we want to get out is that social justice, not charity, is what’s
needed to ensure that everyone has access to food.
[1:50 p.m.]
ELMER DERRICK
E. Ross: I rise today to recognize my late mentor and friend Elmer Derrick.
Elmer was a First Nations leader that I highly respected. He served his
people as a Hereditary Chief of the Gitxsan Nation, as well as serving
on a number of boards of directors. Elmer Derrick also spent a
significant amount of time sharing his wisdom with others, including as
an educator, teaching courses at Northwest Community College.
I remember the times when we met at conferences and in airports
while waiting for flights as some of the best conversations that I’ve
ever had with another First Nations leader. Being a First Nations
leader, wanting change for people is to be alone and highly criticized
regardless of the facts or good intentions. Elmer understood this. He
stayed true to his word and did so even though he knew the adversity
that was coming. He always felt it was worthwhile facing the adversity
if it meant that his people got to a better place. He never wanted to
talk about what he was going through, instead choosing to encourage me
to carry on with the path I had chosen and not to be discouraged, no
matter what kind of abuse I was taking.
His quiet, reassuring words got me through some of the worst times
in my life as a young leader. I owe him a huge debt of gratitude, and I
miss him. Thank you, Elmer Derrick, for your wisdom and guidance.
British Columbia has lost a great man.
I hope this House will join me in recognizing Elmer Derrick’s
contributions to building our province. And to Elmer Derrick himself,
please rest in peace.
SIKH NATION BLOOD DRIVE
R. Kahlon: November 1, 1984. It’s a day and a moment that haunts the people
of the Sikh community. Indira Ghandi had been assassinated, and Sikhs
became the scapegoats for the assassination. Elected officials were
involved. Attackers had voter lists, school registration forms and
ration lists. They went street by street, house by house, attacking
homes which had identified Sikhs.
For four days, organized groups systematically destroyed Sikh
places of worship, homes and businesses. There are reports that up to
5,000 people were killed. However, this is a conservative estimate. Men,
women and children. Muslim and Hindu families hid their friends and
neighbours for days. Turbans and long hair made children targets, and
parents had to make the difficult choice to cut the hair in order to
survive. It was well documented that police simply watched as innocent
people pleaded for help. Many elected officials that were involved
walked free, and many have received promotions.
How does a community respond to such injustice? They give blood,
in order to save the lives of those they could not in 1984. As a tribute
to the events of 1984, a small group of B.C. citizens started the Sikh
Nation Blood Drive. The first blood donation clinic in 1999 took place
in the Lower Mainland of British Columbia. It has now grown to include
clinics across Canada, the U.S., Australia and other locations
worldwide. The campaign has saved 120,000 lives and currently is
Canadian Blood Services’ largest partner in life.
This campaign expresses peace and invites people from around the
world to participate in this humanitarian campaign. Today I would like
this House to join me in thanking them for their efforts.
B.C. YOUTH PARLIAMENT
L. Reid: The first British Columbia Older Boys Parliament was held in
January of 1924. The Premier was Walter S. Owen, who later served as
Lieutenant-Governor in the province of British Columbia. The mace was
donated by St. Andrew’s Presbyterian Church, where Walter Owen’s TUXIS
group met regularly.
The partners that sponsored parliament included the YMCA and
various churches, which joined forces to build the organization. While
taking kids to camp had been a steady part of parliament since its
inception, parliament had always been involved in others. This changed
in December of 1967 when the 37th session legislated Camp Phoenix. The
first camp was held at George Pringle with 36 boys.
Since the fifth session, resolutions have been introduced to admit
girls as members. The women here will know it was a long debate. The
B.C. Youth Parliament came into being for the 44th session in 1974. Our
first female Premier was Susan Hunter of the 49th session in 1977. And I
was the second female Premier.
The Tuxis and Older Boys Parliament has successfully evolved into
the British Columbia Youth Parliament. A long-standing goal of the
organization was the creation of regional youth parliaments. The first
Kootenay Youth Parliament was held as a pilot project in 1987, and many
others followed.
BCYP is proud to stand apart from other provincial youth
parliaments in that they go beyond being a mock parliament, with their
legislation becoming projects in communities.
[1:55 p.m.]
The parliament is also proud of those notables who have worked to
promote the parliament. Many distinguished MLAs, MPs, cabinet members,
clergy, YMCA and community figures have served as its
Lieutenant-Governor. Alumni have taken their parliamentary experience
into such diverse fields as art, law, journalism, politics, business,
religion and medicine. Prominent alumni include Walter S. Owen, Jack
Shadbolt, Robert Bonner, Ray Williston, Allan Fotheringham, Russell
Brown, Maggie Gillatt, Rhonda Vanderfluit, Kerry Simmons, Susan Dent,
Susie da Silva and Darya Ali.
The Youth Parliament is sponsored by the Youth Parliament of B.C.
Alumni Society, which was formed in 1974. Its board of directors is
commonly known as the Senate. The Senate carries on the duty of ensuring
a session is held annually in supporting the endeavours of the
parliament.
For over 88 sessions, young people have made the parliament
flourish. The membership in each and every session contributes to
consistent growth and development while passing on the traditions of the
past.
Come by December 27 to December 31 and see the British Columbia
Youth Parliament in this session, this year.
INDIGENOUS DISABILITY AWARENESS
M. Dean: November is Indigenous Disability Awareness Month and is a great
opportunity to recognize the challenges that face Indigenous people in
B.C. who live with disabilities. Now, we know that the rates of
disability are higher amongst Indigenous communities, so raising
awareness about their challenges is a very important step towards
changing attitudes and creating a more inclusive society.
Today I encourage British Columbians to learn about the many ways
Indigenous people with disabilities support their families and
communities and celebrate their important contributions. We can create
opportunities for greater inclusion when we eliminate barriers, and we
can all have a role.
This government is committed to working with our community
partners to build communities where everyone is included — in
particular, the British Columbia Aboriginal Network on Disability
Society, BCANDS, which is the only stand-alone, non-profit organization
in Canada dedicated to serving the needs of Indigenous people with
disabilities.
For 26 years, BCANDS has provided culturally safe health services
and programs for Indigenous people with disabilities throughout B.C.,
which also gives them a unique perspective that can inform government’s
policy and program designs. BCANDS has been a strong advocate in
national and international fora for making society more equitable and
accessible for Indigenous people with disabilities.
Indigenous people with disabilities have the rights to equal
access, equal opportunities and equal recognition in our province. This
month I invite you to join me in honouring them as we work towards
building a better, more inclusive B.C.
PROJECTS BY DOUGLAS
AND N’QUATQUA FIRST
NATIONS
J. Sturdy: I’m pleased to rise today to acknowledge the strength of
Indigenous leadership and culture in the more remote areas of West
Vancouver–Sea to Sky. Recently I had the pleasure of visiting the
Douglas and N’Quatqua First Nations to see the work they are doing in
their communities.
The Douglas First Nation has been awarded a $405,000 grant from
the Canada-B.C. job grant program to provide much-needed skills training
and certifications to help community members become work-ready. As part
of the project, the training provider, Indigenous Community for
Leadership and Development, devoted targeted training to meet the needs
of the community. This included the development of a new tourism
product, known as the Sloquet Hot Springs tour, which takes advantage of
the natural hot springs on the east side of Garibaldi Park.
More great work is taking place in the First Nations community of
N’Quatqua, as part of the St’át’im Men’s Building a Nation cabin
project. Situated semi-remotely, these cabins will make traditional use
on the landscape easier and will help the N’Quatqua to be more closely
engaged with their cultural practices. I toured one of the cabins with
members of the program team that have been building them over the
summer. The program has been a great success and has been
enthusiastically embraced by the participants and the community
alike.
Experiences such as this cabin-building program are important for
retaining knowledge of traditional construction methods, sharing
economically valuable skills within the community and building the
confidence to create businesses and to access meaningful
work.
[2:00 p.m.]
Experiencing the progress throughout the St’át’im territory, I am
profoundly impressed by the leadership evident in many of the First
Nations communities located in West Vancouver–Sea to Sky. If you’re
looking for inspiration and for leadership in economic development, you
need look no further than the Douglas and N’Quatqua Nations. They are
leading by doing.
Oral Questions
SITE C POWER PROJECT
REPORT AND
STATUS
M. Bernier: British Columbia is in the midst of the largest infrastructure
project in provincial history, and the choice now is in front of the
government, as of today. Are we going to write off $4 billion? Are we
going to break contracts and end up with nothing? Or are we going to
choose to ensure that we have a guaranteed supply of clean, renewable
and firm power going forward for at least another 100 years and for
generations to come?
I know the report just came out today, so I don’t expect nor will
I ask for government to make a decision today, after they’ve put this
review forward that was for only six weeks. But I will ask, since…. I
won’t ask the Minister of Energy and Mines, so I will ask the Deputy
Premier. I think it’s a fair request. I think it’s actually an easy
request. Government made a commitment that, once the report came out, a
decision would be made.
What I’m asking today of the Deputy Premier and of government is:
can we have a commitment that a decision will be made for the province,
for the people in B.C., by the end of November?
Hon. C. James: Thank you to the member. The member can anticipate that a
government decision will arrive by the end of the year.
Mr. Speaker: The member for Peace River South on a supplemental.
M. Bernier: That’s unfortunate to hear, because commitments were made that
once the report came out, a decision would be made for the future of
this province.
We need to remember that we have large hydroelectric projects that
have been built in the province of British Columbia that have allowed us
to have energy stability and sustainability. Site C is one of those
projects that’s going to make sure that for generations to come, we
continue to have cheap, reliable, clean, firm power in the province of
British Columbia.
Site C was reviewed for almost eight years by third-party
independent people. In fact, it had provincial environmental
assessments, federal environmental assessments done — all that were
granted permits to build Site C. This government decided that they
wanted to have a six-week review of this project and make a decision.
The Premier himself said that they would make a decision right after
this report was released. I think it is a very reasonable request to say
by the end of this month, four weeks. Yes, it is 400 pages. We should be
able to have that read in a couple of days and a decision be made. This
is not a surprise to government. They asked for this review to be done.
Obviously, they were anticipating what it would say and should be able
to make a decision.
Again, to the Deputy Premier, all we’re asking for is for
certainty in the province and a decision to be made. I think four weeks
is quite realistic and am asking for that to be confirmed
today.
Hon. C. James: I just want to remind the member and remind people on that side of
the House that the reason we’re at this place is because the previous
government didn’t live up to their responsibility. The previous
government, in fact, refused to send the decision around Site C to the
independent Utilities Commission put in place in this province to do
that due diligence. It is the previous side that, in fact, started
construction without proper regulatory oversight. That was
irresponsible, and it was wrong, and we have righted that wrong by
sending Site C to the B.C. Utilities Commission, as should have been
done in the first place.
We will take a look at the report. We will do our analysis. We
will ensure that we take the time that is needed to make the right
decision for British Columbians, as should have been made in the first
place.
Mr. Speaker: The member for Peace River South on a second
supplemental.
[2:05 p.m.]
M. Bernier: Again, the province of British Columbia is the envy of almost
every jurisdiction in North America, because governments have stood up
and made bold, strong decisions to ensure that we have energy stability
in the province for generations to come. That is what’s happened in the
past. That’s what government is trying to do, making surethat for the
next 100 years, we continue to have cheaper, reliable, firm power in the
province of British Columbia.
Unfortunately, in this situation now, we’ve created more
uncertainty. We need to ensure, because we know there is a lot at stake.
We have thousands of jobs at stake. Obviously, this new government wants
to let them know at Christmastime what their futures will be. We have
companies’ futures at stake. We have existing contracts with First
Nations that are at stake.
People deserve to know. To say we’re going to let them know in a
couple more months and continue that uncertainty is unfair to the people
working at the site, to the companies and to the local First Nations who
rely on this work.
Will the Deputy Premier easily say yes or no? All we need to do is
have four weeks, which we think is reasonable — by the end of November,
a decision to be made, so the people of British Columbia
know.
Hon. C. James: The only uncertainty created with this project was created by the
other side, by exactly that side, by not sending it to the independent
B.C. Utilities Commission so that due diligence could have been done on
behalf of ratepayers in British Columbia. They refused. The other side
refused to allow the independent watchdog to examine the project, to
determine if it was in the public interest.
We are going to take the time to fully review the BCUC’s findings.
We’re going to ensure that we engage further with First Nations. We will
make the right decision on behalf of ratepayers and British
Columbians.
D. Davies: I want to first of all start by saying and sending out a big
thank-you to all of the workers that are working right now, that have
worked on the B.C. Hydro clean energy project, for the job well done
thus far.
This project is of particular interest to me. Of course, first of
all, it is a mere seven kilometres from my hometown of Fort St. John,
and it’s also the single-largest employment project in my riding.
There’s nobody doubting the magnitude of this project and the size. It
is the single largest infrastructure project in British
Columbia.
Presumably the government has done their due diligence as well as
examined all of the implications involved in the decision that is before
them now, including the additional costs that are outside of the purview
of the BCUC report. Just recently we’ve learned that the McLeod Lake
Indian Band had said that they would be entitled to reparations if Site
C did not go ahead.
We also know that Site C will result in a total of $40 million in
tax revenues to the local government. As well, the Peace River
agreement, also signed with local governments in the region, is worth
over $1 billion. And there are more.
Can the, I guess, Deputy Premier answer the question and provide
to this House what other analysis has been done for the additional costs
that are at stake, should this project be cancelled?
Hon. C. James: We certainly recognize that this impacts a lot of people. We thank
the BCUC for the work they did. They received more than 600 submissions.
They conducted public consultations. We thank everyone who took time to
go through this process. We will do a thorough analysis, and we will
make the best decision on behalf of British Columbians.
Mr. Speaker: The member for Peace River North on a supplemental.
D. Davies: This is a choice, and this is a choice that’s got to be made
between the government writing off over $4 billion, unilaterally ripping
up contracts and other agreements, versus having a guaranteed supply of
clean, renewable energy.
[2:10 p.m.]
This isn’t just about the billions of dollars that are going to be
thrown away down the toilet. This is about the thousands of dollars that
the individuals that are working and providing for their families, the
people who depend on this project; the thousands of dollars that the
individual businesses in my riding rely on to make a living. Right now
due to the uncertainty, people don’t know what’s going on, and their
lives are on hold. These workers and their families deserve to know if
they are going to be able to put food on their tables as they head into
the holiday season.
I can tell the minister and the Premier what the decision should
be. But at the very least, can the Deputy Premier at least commit to
deciding by the end of this month so that people have some sort of
certainty as they head into the holiday season?
Hon. C. James: Well, it’s a bit rich to hear members on the other side talking
about ripping up contracts. I think teachers and health care workers in
this province might have something to say about that when it comes to
the other side and what they did to employees in our
province.
I will say it again. The only reason there’s uncertainty on this
project is because the other side refused to have independent oversight
on Site C. We corrected that, and we’re going to make the right decision
on behalf of British Columbians.
SITE C POWER PROJECT
AND AGREEMENTS WITH FIRST
NATIONS
J. Rustad: Let’s look at this agreement, or let’s look at what has been
presented in the BCUC report. A $4 billion write-down — a $4 billion
write-down, the largest write-down in B.C.’s history — should this
project be cancelled. Obviously, there’s a tough decision that
government needs to make.
More than 2,000 workers being given a pink slip at Christmas
should this project not go forward. Not to mention the firm power for
100-plus years to help fuel British Columbia’s economy and to meet the
needs of our province for those generations, to make sure we have the
third-lowest and continue to have those lowest rates in North
America.
My question, though, is to the Minister of Indigenous Relations
and Reconciliation. We know about the $4 billion cost associated with
this project. But in the words of one First Nation, they’ll be looking
for compensation with regards to an agreement that they entered into
associated with Site C.
Can the Minister of Indigenous Relations and Reconciliation
confirm that any costs associated with exiting those agreements with
First Nations would be in addition to the $4 billion write-down that
would be required to end Site C?
Hon. C. James: Thank you to the member for the question. As I mentioned, we are
going to take the time that’s needed to fully review the report. We’re
going to look at issues as well, engaging further with First Nations who
are impacted, and a government decision on the project will be made by
the end of the year.
Mr. Speaker: The member for Nechako Lakes on a supplemental.
J. Rustad: It’s somewhat shocking to think, knowing this information would be
coming forward from BCUC, that there wasn’t groundwork done in advance
to look at what the financial implications should be or, for that
matter, the legal obligations and requirements that would happen from
Indigenous nations to agreements that have happened with
this.
This is a decision — it’ll be a tough decision by government — to
take the largest write-down in B.C.’s history, a $4 billion write-down
on a project that can provide that firm power.
Once again, the minister did not answer the question. How much of
those additional costs associated with contracts, in particular with
those agreements…? They were very fair agreements and part of why the
government, B.C. Hydro, has won 14 times in court to challenges, because
of this. These agreements — will they add to that cost associated with
ending the Site C project, the $4 billion cost, if government decides to
do that?
[2:15 p.m.]
Hon. C. James: The member mentions basic groundwork. Well, basic groundwork was
ensuring that this project went to the B.C. Utilities Commission, which
that side refused to do.
The entire reason that the B.C. Utilities Commission was put in
place was to do the due diligence on big hydro projects. That was not
done by the other side. We righted that wrong, and we’re going to take
the time to make the right decision.
GOVERNMENT FUNDING FOR COMMUNITIES
AND BUSINESSES
IMPACTED BY WILDFIRES
C. Oakes: We’re not seeing any leadership from government on the wildfire
recovery file — empathy, yes; leadership, no.
We’ve asked the government where the resources are for folks in
the Cariboo who are recovering from the disaster. We’ve canvassed in
estimates how much money is available to support recovery. We’ve talked
to the Minister of Finance. We’ve talked to the Minister of
Transportation. We’ve talked to the Minister of Jobs, Trade and
Technology. We’ve even asked questions to the Minister of Forests, Lands
and Natural Resources and the Solicitor General. Sadly, the government
points all inquiries to local governments.
Would the Minister of Municipal Affairs explain how much money
will be made available to support regional districts and municipalities
so that they are financially equipped to support individuals and small
businesses?
Hon. D. Donaldson: Well, the impacts of the wildfires throughout the Interior and
other parts of the province have been large and unprecedented. The area
affected and the people affected have really suffered
greatly.
This government cares about the people in the Interior and cares
about the communities. That is why we’re working from the ground up.
We’re asking the communities to come up with the plans that they have
for recovery. We’re assisting communities in doing that by having funds
available for recovery managers in each of these communities.
That’s our strategy. It is to work from the ground up, not from
the top down, and ask communities what they want and then help them
achieve it.
Mr. Speaker: The member for Cariboo North on a supplemental.
C. Oakes: I’m glad, actually, that the Minister of Forests, Lands and
Natural Resources stood up to answer this question, because I believe it
was six weeks ago, at the Union of B.C. Municipalities, when he talked
to local governments. He said that we would be able to have some funds
available in six weeks. That six weeks is now.
If you have a trapline, this pass-the-buck government says: “Take
it up with your local government.” Same thing if you have guide and
outfitting territory. We’ve canvassed estimates. You need support? You
know what? Go talk to your local recovery person. You need a hydro pole
on private property or septic, wells? Go talk to your local government
recovery individual.
An entire tourism season absolutely decimated. Early estimates for
this, for the first five weeks: $23 million impacted. Does the minister
not realize the scope of the recovery that is needed? Funds are required
to support recovery. We’ve canvassed in estimates. We need finances now,
not next year.
Will the Minister of Municipal Affairs please tell us how much
money will be made available for local governments and regional
districts in order to support individuals and small businesses who have
been affected?
[2:20 p.m.]
Hon. D. Donaldson: Well, there’s been absolutely no downloading onto local
governments on the recovery basis. In fact, the member opposite might
want to check with the mayor of her home community — the mayor of
Quesnel, Bob Simpson — who made it clear in a letter to the local paper
that no downloading has occurred on local government on the recovery
efforts. In fact, the strategy we’re taking of building from the ground
up is the strategy your mayor in your community, in Quesnel,
endorses.
DISCLOSURE OF EXECUTIVE COUNCIL
TRAVEL EXPENSES AND
DIRECTLY AWARDED CONTRACTS
M. de Jong: A question for the Minister of Citizens’ Services. Will she
confirm that she and the government are in violation of their
obligations under the Freedom of Information and Privacy Protection Act
to proactively disclose and post all of the travel expenses and expense
receipts for members of the executive council?
Hon. J. Sims: I want to thank the member for that question, and I will get back
with the answer.
M. de Jong: While she’s at it, will she similarly inquire and confirm that she
and the government are also in violation of their legal obligations
under that statute to proactively disclose and post a
summary of all
directly awarded contracts? What are the minister and the government
hiding? Why is this information not being disclosed as it was? She
didn’t have to intervene here. She just had to continue doing what a
previous government was doing.
Hon. J. Sims: I have taken notice of the questions, and I will get back to the
House.
MASSEY TUNNEL REPLACEMENT PROJECT
J. Sturdy: Yesterday we asked the Minister of Transportation two simple
questions: what is the status of the review of the George Massey Tunnel
replacement project, and will she table the terms of reference? She
chose not to or, for some reason, couldn’t answer those questions. But
later in the day her own ministry officials confirmed that they had
already hired someone to conduct the review and that the individual had
already begun work.
Now, I understand that just minutes before question period, the
terms of reference were in fact released and the name of the firm
engaged. My question for the minister is: why did she conceal these
facts from the House yesterday?
Hon. C. Trevena: Yesterday we had not finalized the terms of reference. When the
terms of reference were finalized, they were going to be released. When
we had a signed contract, we were going to be explaining who was going
to be the expert review. We are now proceeding with that. As I explained
to the member yesterday, when you’re working on the terms of reference….
We’ve hired someone who has now got a signed contract, and we’re
proceeding.
Mr. Speaker: The member for West Vancouver–Sea to Sky on a
supplemental.
J. Sturdy: Yesterday we asked simple questions on a topic critical to 80,000
people that are stuck in gridlock each and every day. When asked
questions in estimates, the minister was elusive, refusing to answer
those questions that British Columbians do have the right to know.
Either the minister doesn’t know what’s happening in her own ministry or
is unwilling to be transparent with members of this House.
The question to the minister. When was the contract signed, and
why wasn’t the minister informed on a file so important to the people of
British Columbia?
[2:25 p.m.]
Hon. C. Trevena: Unlike the previous government, we want to make sure that we get
the right solution for the problem that is facing people who are…. That
government just rushed ahead with a project, a glory project, for the
previous Premier. We want to make sure…
Interjections.
Mr. Speaker: Members, we shall hear the response.
Hon. C. Trevena: …that we are analyzing all the technical options. That’s why we’re
having a technical expert doing this work, and we will proceed with a
review that will be complete in the spring. At that point, I’m sure that
we’ll have many more answers to the many questions that that side of the
House left when they were government.
I. Paton: I’m going to go backwards a little bit to yesterday’s
question.
To the minister, I’m wondering if the minister can answer this
question. There is actually an office — and I believe it’s still open —
in Ironwood, in Richmond. It’s the tunnel replacement office. In that
office, there are no less than 15 binders, about six inches thick, with
information and studies that have been done by engineering firms,
studies, stakeholder meetings in that office.
I would like to know if the office is still open and still
operating. Has the minister actually visited the office of the tunnel
replacement in Richmond, B.C.?
Hon. C. Trevena: We will obviously be looking at the work that was done for the
previous government, but we think that there was not enough work done in
looking at all types of options, that the previous government rushed
ahead with a pet project that pleased the previous
government.
Interjections.
Mr. Speaker: Members, we shall hear the response, please.
Minister.
Hon. C. Trevena: The resulting project, the ten-lane bridge, was only popular —
apart from the Premier — to a very small number of people in the Lower
Mainland. We are engaging with the mayors and with the community to make
sure that we get the right approach.
We announced that we were doing a technical review and that we
actually wanted to talk to people — the elected officials — and include
them in this. The chair of the Mayors Council said at that time: “This
is exactly what Metro Vancouver’s regional district called
for.”
We acknowledge that there’s a traffic issue along the corridor and
that something needs to be done. But the scope of the ten-lane bridge
was too big. They needed to work with local government around the whole
region, including Metro Vancouver. That’s what we’re doing.
Mr. Speaker: The member for Delta South on a supplemental.
I. Paton: With a bit of flip-flopping, as we talked about just a minute ago,
this time yesterday we were told that the terms of reference hadn’t been
started and we hadn’t found anyone to get on with the review. Then later
on in the afternoon, we found out during estimates that the review has
begun. Someone has been hired, and the terms of reference are well
underway.
I must say that the George Massey Tunnel has caused us so much
grief in my community. We have employees of Tilbury Industrial Park. We
have employees at the city of Delta municipal hall that have forfeited
their jobs and are remaining to stay in Vancouver, Burnaby, Coquitlam.
They do not want to commute through the tunnel anymore because of the
congestion. We are losing jobs. We are losing employees in Delta and
South Surrey.
To the minister, I ask you one more time: can you tell us when the
terms of reference are going to start, can you tell us who the reviewer
is going to be, and can you tell us all the different stakeholder groups
that are going to be invited to rehash this entire review one more time
over the next five years?
Hon. C. Trevena: I appreciate the opportunity to respond to the question, but I
hope that the member actually listens to my answer, because clearly he
didn’t listen to my answer yesterday.
[2:30 p.m.]
I had actually said yesterday that we were working on the terms of
reference. The terms of reference are now out. If he wants to know where
the terms of reference are, he can look on the ministry website. The
terms of reference have been released.
If the member wants to know who is doing the review, he can look
on our website. It is an engineer, who is a professional, an engineer by
the name of Stan Cowdell. That, too, is on our website. He’ll be putting
together a technical review that will be presented in the
spring.
[End of question period.]
Hon. M. Farnworth: I seek leave to move a series of three motions activating three
special committees of appointment. The full text of these motions has
been provided to the Opposition House Leader and the independent
members.
Leave granted.
Motions Without Notice
APPOINTMENT OF SPECIAL COMMITTEE TO
APPOINT A CHIEF
ELECTORAL OFFICER
Hon. M. Farnworth: By leave, I move:
[That a Special Committee be appointed to select and unanimously
recommend to the Legislative Assembly, the appointment of a Chief
Electoral Officer pursuant to
section 4 of the Election Act ,
R.S.B.C. 1996, c.106.
The said Special Committee shall have the powers of a Select
Standing Committee and is also empowered:
(
a) to appoint of their number, one or more subcommittees
and to refer to such subcommittees any of the matters referred to the
Committee;
(
b) to sit during a period in which the House is adjourned,
during the recess after prorogation until the next following Session and
during any sitting of the House;
(
c) to adjourn from place to place as may be
convenient;
(
d) to retain such personnel as required to assist the
Committee;
and shall report to the House as soon as possible, or following any
adjournment, or at the next following Session, as the case may be; to
deposit the original of its reports with the Clerk of the Legislative
Assembly during a period of adjournment and upon resumption of the
sittings of the House, the Chair shall present all reports to the
Legislative Assembly.
The said Special Committee is to be composed of Jagrup Brar
(Convener), Doug Clovechok, Adam Olsen, Janet Routledge, and Jackie
Tegart.]
Motion approved.
APPOINTMENT OF SPECIAL COMMITTEE TO
APPOINT AN
INFORMATION AND
PRIVACY COMMISSIONER
Hon. M. Farnworth: By leave, I move:
[That a Special Committee be appointed to select and unanimously
recommend to the Legislative Assembly the appointment of an Information
and Privacy Commissioner, pursuant to
section 37 of the Freedom of
Information and Protection of Privacy Act , R.S.B.C. 1996, c.
The said Special Committee shall have the powers of a Select
Standing Committee and in addition is empowered:
(
a) to appoint of their number one or more subcommittees and
to refer to such subcommittees any of the matters referred to the
committee and to delegate to the subcommittee all or any of its powers
except the power to report directly to the House;
(
b) to sit during a period in which the House is adjourned,
during the recess after prorogation until the next following Session and
during any sitting of the House;
(
c) to adjourn from place to place as may be convenient;
and
(
d) to retain such personnel as required to assist the
committee;
and shall report to the House as soon as possible, or following any
adjournment, or at the next following Session, as the case may be; to
deposit the original of its reports with the Clerk of the Legislative
Assembly during a period of adjournment and upon resumption of the
sittings of the House, the Chair shall present all reports to the
Legislative Assembly.
The said Special Committee is to be composed of Doug Routley
(Convener), Anne Kang, Coralee Oakes, Mary Polak, and Dr. Andrew
Weaver.]
Leave granted.
Motion approved.
APPOINTMENT OF SPECIAL COMMITTEE TO
APPOINT A CONFLICT
OF INTEREST COMMISSIONER
Hon. M. Farnworth: By leave, I move:
[That a Special Committee be appointed to unanimously select and
recommend to the Legislative Assembly the appointment of an individual
to exercise the powers and duties assigned to the Conflict of Interest
Commissioner for the province of British Columbia pursuant to the
Members’ Conflict of Interest Act , R.S.B.C. 1996,
c.287.
The said Special Committee shall have the powers of a Select
Standing Committee and in addition is empowered:
(
a) to appoint of their number, one or more subcommittees
and to refer to such subcommittees any of the matters referred to the
Committee;
(
b) to sit during a period in which the House is adjourned,
during the recess after prorogation until the next following Session and
during any sitting of the House;
(
c) to adjourn from place to place as may be convenient;
and
(
d) to retain such personnel as required to assist the
Committee;
and shall report to the House as soon as possible, or following any
adjournment, or at the next following Session, as the case may be; to
deposit the original of its reports with the Clerk of the Legislative
Assembly during a period of adjournment and upon resumption of the
sittings of the House, the Chair shall present all reports to the
Legislative Assembly.
The said Special Committee is to be composed of Rachna Singh
(Convener), Spencer Chandra Herbert, Eric Foster, Mike Morris, and Adam
Olsen.]
Leave granted.
Motion approved.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call Committee of the Whole, Bill 11, the Provincial
Court Amendment Act; and in Committee A, the Douglas Fir Room, I call continued
debate on the estimates of Children and Family Development.
[2:35 p.m. - 2:40 p.m.]
Committee of the Whole House
BILL 11 — PROVINCIAL COURT
AMENDMENT ACT,
The House in Committee of the Whole (Section
B) on Bill 11; R.
Chouhan in the chair.
The committee met at 2:41 p.m.
Sections 1 to 3 inclusive approved.
Title approved.
Hon. D. Eby: I move that the committee rise and report the bill complete
without amendment.
Motion approved.
The committee rose at 2:42 p.m.
The House resumed; Mr. Speaker in the chair.
Report and
Third Reading of Bills
BILL 11 — PROVINCIAL COURT
AMENDMENT ACT,
Bill 11, Provincial Court Amendment Act, 2017, reported complete
without amendment, read a third time and passed.
Hon. C. James: I call second reading of Bill 13, Pooled Registered Pension
Plans.
[2:45 p.m.]
[R. Chouhan in the chair.]
Second Reading of Bills
BILL 13 — POOLED REGISTERED
PENSION PLANS
AMENDMENT ACT, 2017
Hon. C. James: I move that the bill now be read a second time.
These amendments to the Pooled Registered Pension Plans Act will
reduce the unnecessary cost for Gazette publication that is
required every time British Columbia signs a multilateral agreement
under the act or amendments to the agreement.
Pooled registered pension plans, or PRPPs, are defined
contribution pension plans that are administered across participating
jurisdictions by regulated financial institutions, which supports
employers with the responsibility of pension plan operations. PRPPs are
the result of a federal-provincial initiative to make well-regulated and
low-cost pension plans available to millions of Canadians who have no
other opportunity to become pension plan members.
Membership is available to employees and self-employed in all
participating provinces, including in federally regulated workplaces
which allow members to move their pensions with them when they change
jobs.
This Canada-wide framework for PRPPs was implemented in 2012 by
the federal government. The act operates within that framework by
adopting the federal legislation by reference, with some modifications
for B.C.’s legislative content.
B.C. entered into the multilateral agreement respecting pooled
registered pension plans and voluntary retirement savings plans in June
2016 with the federal government and with Saskatchewan, Quebec and Nova
Scotia. Ontario joined the agreement in March 2017, and Manitoba is
scheduled to join November 15. Under this agreement, the administrative
burden is minimized as the federal pension regulators responsible for
issuing licences and for registering PRPPs provide administrators with a
single licensing and registered process which, again, saves the burden
on employers.
The act currently requires every PRPP multilateral agreement and
every amended agreement and notices of its effective date to be
published in full in the Gazette . This is costly and
unnecessary. The act already requires public access to be provided on
the Internet, so it is already out there. It is already provided on the
Internet. Every multilateral agreement and amending agreement is posted
on the websites of both the federal and the B.C. pension
regulators.
If this bill is enacted, the requirement for notice alone to be
published would be maintained. The bill will also bring the act in line
with the Gazette publication requirements in other B.C.
statutes for interjurisdictional agreements, such as wills and estates
and succession acts. So they would all follow the same rules — the full
act and changes to be published with public access on the Internet but
not required to be published in the Gazette .
Ministry savings. I think it’s important for the Minister of
Finance to set this as well — that there are savings to be found if the
passage of this legislation occurs. The savings are estimated to be
$7,500 for the next amending agreement in November when Manitoba joins.
Every penny counts. Savings increase by $1,500 for each subsequent
amending agreement if other provinces join or if further amendments are
needed.
The proposed amendments will also make very minor corrections to
clarify two terms in the federal Pooled Registered Pension Plans Act to
ensure they don’t apply to our act because they already define the
existing terms.
With that, I will finish second reading.
Interjection.
S. Bond: I always very much appreciate the Minister of Health’s enthusiasm,
because the Minister of Finance here has indicated there are going to be
some savings, as small as they are. I know he’s probably thinking
they’re coming in his direction anyway.
I do agree with the Minister of Finance that every penny does
count. She knows that she has a lot of promises to end up paying for. I
just wanted to take a moment. I do appreciate the comments made by the
Minister of Finance and bringing forward the amendments to this
bill.
I wanted to just walk back a little bit in terms of the history of
how we got here and why it’s so important, while today we’re talking
about amendments that might seem quite minor to people. When there was a
discussion a number of years ago, the previous government did work with
the federal government and other provincial governments to look at a
framework, which is now known as the PRPP framework. In many ways, it
was to support British Columbians who all want to have the opportunity
to save for retirement.
Nearly two-thirds of B.C. workers at the time, which was in 2014,
were without a registered pension plan.
[2:50 p.m.]
By taking away the administrative burden of pension plans, it
makes offering a pension much more attractive and affordable for
employers. We know, and certainly the Minister of Finance knows, that
pensions are a really important element of a family’s retirement savings
plan.
We recognized, as did the federal and other provincial
governments, that effective ways needed to be found so that current
workers could save for their retirement. PRPPs are certainly an
important option for people who need to save for retirement.
We worked with the federal government, we looked at what other
jurisdictions were thinking, and we were one of the first provinces in
the country to allow businesses to actually offer these pooled
registered pension plans, something that, obviously, we’re very proud
of. The minister also outlined other provinces that have enacted PRPP
legislation, and that continues today.
One of the things that was important for us was the fact that it
needed to be easy for employers to use. Employers, in this case, do not
have to deal with administrative aspects of running a pension plan, and
their contributions are optional. Providing a PRPP is voluntary, as are
employer contributions. If an employer offers a PRPP to employees, the
employees will automatically be enrolled, but each employee has the
right to opt out.
At the time, Alberta and Saskatchewan had enacted very similar
legislation.
In essence, this is a way that…. For British Columbians who needed
an alternative way to look at having a pension plan and looking at
retirement savings, this is one of the important options that’s in
place.
When it comes to speaking to the amendments, I think the minister
has laid out a very compelling case. It really is about avoiding
duplication. Information is already published, and every time we do
this, it mean that it needs to be gazetted. I can say that we certainly
want to make it as easy and streamlined as possible, and unnecessary
expenses do need to be removed. If passed, as the minister pointed out,
only publication of the notice would be required, and full notice will
continue to be published on the Internet.
This is one of those places where we find ourselves, I think, in
raging agreement. It makes good sense, and I can tell the Finance
Minister that we certainly welcome the improvement that she’s brought
forward and we will be supporting the passage of Bill 13.
A. Weaver: I rise to speak in favour and support of Bill 13, Pooled
Registered Pension Plans Amendment Act, 2017. This is one of the rare
moments in this Legislature when all members on all sides of the House
can agree on the importance of moving forward with a particular bill. I
can see that everyone’s happy that we can actually all agree on one
issue here.
As we know, the purpose of pooled registered pension plans is to
reduce the burden on employers and to make pensions more accessible to
people who work for, for example, small businesses, freelance operator
contractors.
Previously, when new multilateral agreements were made, the full
details of these agreements needed to be published in the B.C.
Gazette for public information. Of course, the publishing is
important, but that’s, in some sense, a relic of the past in this
digital era that we are in today.
The requirement didn’t actually fit with other B.C. statutes, as
well, where they just publish the date of the agreements. This initial
legislation, I suspect, was rather hastily put together after the
federal model that required full agreement publication to mirror up with
the federal government. It was a little bit burdensome, the process that
was put in place.
It’s already published on line. The B.C. Gazette is no
longer the primary source that people go to, to refer to information.
What this bill is doing, and why obviously we support it in its
entirety, is it’s removing the requirement for full print publication of
new multilateral agreements but still requires the date to be included
in the Gazette .
All of the multilateral agreement details will still be accessible
to the public, if they so wish, on line. But in essence, what’s really
happening is this bill is reducing publication costs, which were over
$65 a page, and aligning print reporting requirements with other B.C.
statutes. There are a few definition amendments that were previously
made, and the regulations have been brought into the act since it was
opened.
[2:55 p.m.]
In conclusion, these are fairly minor changes, but their
implication is very important. We believe that this is a good piece of
legislation, and we’re very proud to stand with our friends opposite and
with government to support this legislation moving forward.
Deputy Speaker: Seeing no further speakers, minister to conclude the
debate.
Hon. C. James: I appreciate the members’ comments. Thank you for the positive
nature of this legislation coming forward and the support. With that, I
move second reading.
Motion approved.
Hon. C. James: I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting of the House after
today.
Bill 13, Pooled Registered Pension Plans Amendment Act, 2017, read a
second time and referred to a Committee of the Whole House for consideration
at the next sitting of the House after today.
Hon. M. Mark: May I seek leave to introduce guests that are in the
chambers?
Leave granted.
Introductions by Members
Hon. M. Mark: Today it’s my pleasure to introduce some friends in the gallery.
They’re students. Their family members work with the Ministry of Advanced
Education, Skills and Training. They unfortunately missed the entertainment
that goes on in these chambers during question period, but I just want to
thank the family members, the friends, the colleagues that make our ministry
whole and dynamic. I hope you enjoy your day learning about what we do in
government.
Will the House please join me in welcoming — I’m going to say it
really quickly — Mateo, Damian, Nicholas, Sammy, Lucy, Sydney, Jackson,
Brandon, Nathan, Montage, Brandon, Lucy and Keegan. Please join me in
welcoming our guests.
Hon. M. Farnworth: I call second reading, Bill 10, the Health Professions Amendment
Act.
Second Reading of Bills
BILL 10 — HEALTH PROFESSIONS
AMENDMENT ACT,
Hon. A. Dix: It’s my honour to rise, speak and move second reading of the
Health Professions Amendments Act, 2017. We have guests in the gallery,
so for those guests I’ll say that this is a piece of legislation that
changes the way the nursing profession is regulated.
Right now there are three colleges that regulate nurses in British
Columbia. The idea here is to allow the government — by agreement of the
three colleges, all three of which want to come together — to enable
them to come together. Right now under the law, even if they wanted to
come together, they couldn’t come together. So we’ve introduced a bill
to allow that to happen.
That’s what I’m debating today in the House, what my friend the
opposition Health critic will be debating and what my friend the Health
critic for the Green Party will be debating in this session right
now.
Every day nurses throughout British Columbia give their care and
support to patients. They do it in hospitals. They do it in care homes.
They do it in the community. They’re often the first point of contact
for people who are suffering and struggling with their health, treating
patients and their families with respect and doing their best to allay
any worries. Whether they are registered nurses, licensed practical
nurses, registered psychiatric nurses or nurse practitioners, nurses are
a critical part of the health care system. If you need help, they are
critical to you on any given day.
I’m someone who personally, in my life, has received the support
of nurses trained to help people who suffer from type 1 diabetes,
something that happened to me late in life. I spent a day of training
with a nurse who specialized in diabetic care. That training was
excellent, and since then, I have never been back to an emergency
room.
That has a lot to do with the work of nurses every day in the
community. We think of nurses, sometimes, in acute care, and we
understand their role. But their role in the community and throughout
the health care system is central. That’s why, with that in mind, our
government is introducing these amendments to the Health Professions Act
to further strengthen health care in British Columbia.
As I noted, this allows the three nursing colleges to amalgamate.
That is what has inspired the legislation. I’m referring to the College
of Registered Psychiatric Nurses of B.C., the College of Licensed
Practical Nurses of B.C. and the College of Registered Nurses of B.C.
They have been working together in recent years on nursing and on
nursing regulations and standards. They’ve become more aligned in their
efforts, and this legislation lets them take the next step and
amalgamate.
[3:00 p.m.]
I think it’s important to understand that this work has been going
on over a period of time. It is, of course, encouraged by me, and I’m
introducing the legislation, just as it was encouraged by the previous
Minister of Health, Terry Lake. Now all of that work over two
governments is coming to fruition.
In 2015, the three colleges commissioned a business case to
explore the impacts of creating a single nursing regulator. In 2016, the
boards of all three colleges agreed that it would be in the best
interest of the public to create a single regulatory body that would
oversee licensed practical nurses, nurse practitioners, registered
psychiatric nurses and registered nurses.
Under these amendments, the three colleges would be able to form
one organization. This means greater consistency for the profession and
one point of contact for patients and families. There would be a single
set of bylaws for consistent structures and processes. The single
regulator model for nursing is in Ontario, with Nova Scotia exploring a
similar approach. A single regulator also exists in other Commonwealth
countries, such as the United Kingdom and Australia.
What we want to do here is make life simpler and safer for
patients and make the professional efforts of nurses more effective and
successful. Once these changes are made, if someone has a complaint
regarding treatment received by any type of nurse, they would be able to
go to one organization for resolution. This is absolutely, I think, a
valuable change and, as I say, reflects the efforts, over a period of
years, by nurses to come together and by successive governments to
support them in their efforts to come together. That is the main thrust
of the legislation.
There are two other provisions I wish to speak about, but I would
say this: there is one amendment that we’ll be bringing in at committee
stage — I say to members of the opposition and members of the Green
Party — that will allow the legislation to come into effect at royal
assent and not by regulation. I think it’s fair to say the nursing
colleges want to get on with it. This will allow them to do it without
waiting for a cabinet regulation. We’ll be able to discuss that at
committee stage tomorrow, but the purpose there is to provide certainty
and do what often oppositions ask to do with legislation, which is to
have an understood date and not wait for regulation.
As well, and this is the second set of provisions in the
legislation, the legislation will allow the appointment of an
administrator for a health profession college if the board is deemed not
to be acting in the public interest. The Health Professions Act
currently states that it’s the duty of a college to protect and serve
the public at all times. This is merely a safeguard in the unlikely
event that a college board is seen to not be protecting the public
interest — for example, acting in the profession of a health profession
instead of a patient.
A number of other jurisdictions in Canada have already taken the
step of including provisions to allow for the appointment of an
administrator in these circumstances, including Quebec, Ontario, Alberta
and Prince Edward Island. There are also a number of other acts in B.C.
that allow for the appointment of a public administrator. My colleague
the opposition Health critic is an expert on some — these include the
Health Authorities Act, the Emergency and Health Services Act, the
Public Sector Employers Act, the College and Institute Act, the Medicare
Protection Act and the Laboratory Services Act.
Finally, and the third provision, is that patient care will be
further supported by putting changes in place that ensure infection
control breaches can be reported to public health officials in a timely
manner. For example, if poor sterilization practices are observed,
amendments will allow such instances to be reported immediately in the
college process, rather than going through a college investigation
process first. This is in the public interest.
To conclude, and I know you’re riveted by the conclusion here….
But this is, I would say, and I think people understand, really the
conclusion of three years of work, especially in the nursing profession,
and a lot of work to come once we allow these provisions to go ahead.
This is a significant moment for them and a real achievement to be able,
in fact, for people to come together and, in a way, merge colleges by
agreement, work together by agreement to improve care for everyone in
the province. I think it’s a good idea. Certainly, it will do a great
deal to enhance the nursing profession in future — a profession to which
all of us owe a great debt.
M. Bernier: Thank you to the minister for bringing this forward and his very
quick comments on this issue — one of the times, again, that we’re going
to see in the House where there’s agreement. I appreciate the fact that
the minister highlighted that this has been three years. It has been
quite a few years that the three different colleges, the three different
organizations, had been working together.
[3:05 p.m.]
Collaboratively, they had been working together, but in substance
weren’t able to actually work under one organization, one college. I
know we can completely agree that this is the right step to go forward
in. It was something that we were working towards, as well, when we were
in government, so I’m glad to see this government following through and
making sure that that takes place.
The amalgamation, of course, is going to allow for a lot of
opportunities between the three different nursing professions to be able
to have not only efficiencies but discussions, because they do,
unfortunately, sometimes represent a lot of the same people in different
areas in the care that they do.
I do want to acknowledge and congratulate the minister when he
says that he hasn’t had to go to emergency for so long. Unfortunately,
I’m a lot more accident-prone, I guess, than the minister. I have
succumbed to issues where I’ve had excellent care from the nurses — LPNs
and RNs. I’ve been fortunate enough not to have had to have direct
dealings with RPNs.
I would say this is very timely. It’s also maybe past time that
this should have taken place. We do have 22 colleges right now within
the health profession. There are opportunities to amalgamate some of
those where there are not only like minds but like issues that can be
addressed, discussed and moved forward. Whether it’s for patient care,
patient safety and patient efficiency within the health system,
organizations like this can help.
From my side, I’m looking forward to going to committee stage,
where we can have just a few discussions and a few clarifications. But
the crux of this bill we’re fully supportive of moving forward and
helping the nurses, who do such amazing work in the province of British
Columbia.
S. Furstenau: The member for Peace River South is assuming there’s agreement
across the whole House, and in this case, he’s correct. I, too, rise to
support this bill, Bill 10, Health Professions Amendment Act. I’ll get
to swapping my medical stories in a moment.
There is currently legislation in place to create new professional
colleges but no ability to amalgamate colleges, and what I appreciate
about this bill is that it’s come forward from the nursing community and
that it’s government responding to what the professionals have asked for
in terms of their needs and what they see as the most effective ways to
go forward.
Generally, we listen to our professionals. They are in the field.
They know what they need and how to make things better, and this is an
example of when government listens. Both sides of this House have been
participating in that, and this is a good-news story.
It’s also important to recognize the important role that these
colleges and professional bodies play in protecting the interests of
citizens and that this will make that job easier for the colleges.
That’s also very important as we want to make sure that we’re putting
the well-being and the protection of citizens at the forefront of our
minds.
I also appreciate that there will be the capacity to raise issues
concerning unsafe practices or contamination. This is really important,
again, for building that sense of trust and safety amongst citizens so
they can know that if there are issues, they will be alerted to them
immediately, rather than waiting for the investigation
period.
I’m not accident-prone particularly, and I don’t have to visit a
hospital, but we do have a house full of children, so I often,
particularly in the summer months, spend time in the emergency room up
in Cowichan. The care that we’ve received there has been exceptional and
wonderful every time from both the nurses and the doctors. We’re always
very grateful for that. So I support this moving forward.
Deputy Speaker: Seeing no further speakers, the Minister of Health to
conclude.
Hon. A. Dix: Thank you for the comments and support of members of the Green
Party and the members of the official opposition.
I move second reading.
Motion approved.
Hon. A. Dix: I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting of the House after
today.
Bill 10, Health Professions Amendment Act, 2017, read a second time
and referred to a Committee of the Whole House for consideration at the next
sitting of the House after today.
Hon. M. Farnworth: I call second reading of Bill 14, the Sheriff Amendment Act,
[3:10 p.m.]
BILL 14 — SHERIFF
AMENDMENT ACT,
Hon. D. Eby: This will not be a long speech. I move that the bill be now read a
second time.
British Columbia sheriff services is responsible for, among other
duties, the safety and security of courthouses and court users in the
province. This responsibility includes the safe and secure transport of
in-custody persons between court, police detachments and correctional
centres.
Within sheriff services, the Integrated Threat Assessment Unit
conducts threat and risk assessments. These assessments directly inform
the management of threats and risks to the judiciary, legal counsel,
court participants, the public and government employees.
When a potential threat is identified, the Integrated Threat
Assessment Unit gathers information about the individual’s level of
violence, criminal history, associations and prior responses to law
enforcement. This information is used by sheriff services to ensure
appropriate risk mitigation actions are taken to prevent
harm.
Over the years, the Integrated Threat Assessment Unit has
contributed to the successful management of a number of high-security
and high-profile trials in our province, including Air India and the
Robert Pickton trial, along with numerous high-security murder and gang
trials.
Although the Sheriff Act and regulation make the sheriffs
responsible for protecting the safety of all users of court facilities,
and of employees of the provincial government, the ministry has been
advised that the threat and risk assessment functions performed by
sheriffs need to be clearly articulated in legislation.
In addition, the RCMP recently implemented tighter requirements
for any agency accessing the Canadian Police Information Centre
database. Although sheriffs currently have authority to access CPIC, as
it is also known, the RCMP has identified that specific legislative
authority is required for any agency accessing the database.
This bill will ensure sheriffs have the specified authorities and
access to the information required to keep courthouses, courthouse users
and government employees safe. The bill addresses the gap between
legislative authority and actual practice by providing specified
authority for sheriffs to perform threat and risk assessments.
Additionally, it will address the need for sheriffs to access the CPIC
database in the preparation of these important threat and risk
assessments.
M. Morris: We’ve had a look at this bill, and we don’t have any issues with
it. It does modernize the legislation and accommodates the change to
some policy nationally, with the RCMP, in respect to CPIC and
whatnot.
We fully support this bill as it stands.
A. Weaver: I, too, rise in support of this bill, Bill 14, Sheriff Amendment
Act. This bill makes one significant change to the Sheriff Act, and it
provides authority for sheriff services to conduct threat and risk
assessments. Sheriffs in some specialized units already conduct threat
and risk assessments, but they currently do not have the legislative
authority to do so — a gap that this bill closes.
In addition, this bill will provide sheriffs with the legislative
authority required to continue to maintain access to the Canadian Police
Information Centre database for the purpose of conducting their threat
and risk assessments.
It is really a very short bill. It’s one of four today that I
think we’re going to see supported strongly by both sides of the House
in all cases.
Section 1 of this bill creates the additional powers for the
sheriffs, and if authorized by the director of sheriff services,
sheriffs will be able to identify and assess threats or risks to a
person, facility, building or property in relation to which they have a
power, duty or responsibility.
It moves on to say that if authorized by the director, sheriffs
may also identify and assess threats or risks to an employee of the
government if the employee may be exposed to a threat or risk at the
employee’s workplace or in relation to the employee’s work.
And of course, it also allows sheriffs, for the purpose of
conducting a threat or risk assessments, to collect personal information
and other information, including things like personal information on the
Canadian Police Information Centre database — or any other law
enforcement database, for that matter — personal information in the
custody or control of the Royal Canadian Mounted Police, which I
understand the member for Prince George–Mackenzie used to work with, or
any other law enforcement agency.
I, as other members, am very pleased to speak in support of this
bill.
[3:15 p.m.]
As we know, sheriffs provide for the safety and security of
British Columbians in a variety of ways — by protecting the courts of
British Columbia and the participants in the judicial system, employees
in the justice system and government, the public and public
officials.
Sheriffs are responsible for ensuring the safety of the judiciary,
legal counsel, court users, the public and government employees as well.
Sheriffs are also responsible for the safe and secure transportation of
accused and convicted persons to and from court. That sheriffs do not
have the legislative authority to conduct threat or risk assessments has
been identified as a legislative gap — a gap that this bill, as I
mentioned, closes.
Sheriffs in some specialized units already conduct threat and risk
assessments, as I mentioned, and these assessments inform the security
plans and staffing levels required to ensure the safety of all users of
our justice system. This is an absolutely critical service that they
provide for the safety of all of us.
As I’ve mentioned, this is closing some provisions that are
already in practice but not supported through legislation. I’m
absolutely delighted to support this legislation and would like to thank
the sheriffs in British Columbia for all of the work they do protecting
British Columbians and ensuring smooth operation of our justice system.
My only hope is that we can find more of them so that cases before court
aren’t dismissed because of the lack of sheriffs in our judicial
system.
Deputy Speaker: Seeing no further speakers, the House Leader to
conclude.
Hon. M. Farnworth: I want to thank those who have participated in the debate. I now
move second reading of the bill.
Motion approved.
Hon. M. Farnworth: I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting of the House after
today.
Bill 14, Sheriff Amendment Act, 2017, read a second time and referred
to a Committee of the Whole House for consideration at the next sitting of
the House after today.
Hon. M. Farnworth: I call Bill 12, the Public Safety Statutes Amendment Act,
BILL 12 — PUBLIC SAFETY STATUTES
AMENDMENT ACT,
Hon. M. Farnworth: I move that the bill now be read a second time.
It’s my pleasure to rise today to speak about Bill 12, the Public
Safety Statutes Amendment Act, 2017. The road safety initiative will
modernize the provincial traffic ticketing system and improve public
safety through an introduction of electronic tickets, or e-tickets, that
can be issued by police at the roadside.
Amendments to the Offence Act and the Motor Vehicle Amendment Act,
2012, are required to enable these improvements. The proposed amendments
will allow for a new e-ticketing process that is more efficient, reduces
cancellations of tickets due to error, increases public safety and
maintains the secure capture and transfer of traffic ticket
information.
The amendments introduce provisions to the Offence Act for
e-tickets to be created, issued and served on individuals and for the
violation data to be transmitted from police directly to ICBC and
courts, if necessary, where it will be processed. The current provisions
in the Offence Act permitting paper violation tickets are not sufficient
to enable an e-ticketing scheme.
E-ticketing will increase convenience for citizens by enabling
fine payment on line. Imagine that, hon. Speaker — on line in 2017 —
along with existing options of paying by phone or mail or in person. As
in the past, drivers will be able to reduce their fine amount by paying
promptly.
E-ticketing is already in place and successful in 11 Canadian
jurisdictions, including Nova Scotia, Alberta, Saskatchewan, Quebec,
Manitoba, Toronto, York, Durham, Waterloo, Windsor and Ottawa. These
amendments will bring B.C. in line with a modern approach to how traffic
tickets are issued and help us see the public safety benefits that come
with it.
For example, police agencies in these Canadian jurisdictions
report that making the move to e-tickets has streamlined the process for
both issuing tickets and entering them into the system, so much so that
police officers can see time savings up to 60 percent per ticket. When
you think about that across the system…. When my colleague from Prince
George–Mackenzie and I talked about issues such as core policing and the
need to get police less paperwork and more on the road, this is one of
those initiatives that will help that happen.
The reduction in time to complete a ticket increases officer
safety at the roadside and frees them for other duties. Jurisdictions
with real-time data upload of violations also report the benefit of this
information for improved evidence-based policing and community safety
overall.
[3:20 p.m.]
While the benefits to police are significant, the benefits to
courts and the justice sector are even greater. All jurisdictions I
mentioned have experienced significant savings in administrative costs
by improving the data quality of ticket information and eliminating the
need for that information to be entered in multiple systems, multiple
times. It has resulted in a decrease in the number of stayed or
cancelled tickets.
The proposed amendments are required to support the piloting of
the e-ticketing within the following police agencies: Vancouver police
department; Delta police department; Prince George city RCMP; Prince
George north district RCMP; and the capital regional district integrated
road safety unit.
The pilots in these locations are scheduled to begin in early 2018
and will assist in ensuring that the new e-ticket process is effective
and user-friendly for police and citizens and provide the province with
an opportunity to fine-tune the technology and any other required areas
before a provincewide rollout.
The bill also proposes a minor clarification amendment to the
immediate roadside prohibition part of the Motor Vehicle Act. The
amendment proposes a simple removal of a reference to a subsection. The
purpose is to clarify the authority for what is a very complex set of
legislative provisions and, in doing so, to support the continued
success of B.C.’s successful drinking-and-driving legislation, first
passed by this House in 2010.
With that, that concludes my remarks.
M. Morris: This bill is significant in the policing world. I recall back in
my days of writing tickets, starting back in the early ’70s. The process
of writing out a ticket was the ticket book and a pen.
Oftentimes, you couldn’t read the writing. So the officer would
fill the ticket out and put the date of the court appearance on the
ticket and serve a copy on the individual who committed the offence and
then fill out an affidavit of service on the back of that ticket. That
would then go into the office. It would be looked at by a clerk, who
would transcribe the information and put it into a database — once we
had a database; everything was paper-based back in those
days.
Then it would be re-entered again by a different clerk to go into
a different database, and it would be captured at the end of the month
in the month-end returns, in capturing all the data at the month-end
return. So that work will no longer have to be done. It’ll be all
electronicized.
This bill is going to allow peace officers to collect the driver’s
licence from the offending driver, run it through the scanner in the
police vehicle, and all of the information will be downloaded onto an
e-ticket. He or she just pushes a button in the police vehicle. It
prints out a very legible ticket with all the information on it, serves
the ticket on the individual, who can immediately go on line and pay the
fine on line. It’s is an amazing feat in 2017.
This alone will enhance the traffic safety that we have out there.
The traffic officers, the dedicated traffic officers, will be able to
turn their attention to more of the offenders out there, to more of the
distracted drivers we have out there, and write more distracted driving
tickets, unfortunately, because some of these people aren’t even paying
attention to that. I think this will go a long way with respect to
that.
The amendments cover all of the issues necessary for these to take
place, to transform from a paper-based system to an electronic-based
system. There’s been extensive work done already in identifying the
proper equipment for the police vehicles throughout the province to work
in the cold weather that we get in some parts of the province that we
don’t see down here in beautiful Victoria.
As the Solicitor General was saying, there are pilot programs
that’ll be taking place in Vancouver, the capital district here on the
Island and in Prince George. Funny how that was. This was something that
we were working on when I was the Solicitor General. It just so happened
that Prince George fit in very nicely with that pilot project. I am
really looking forward to the results that we will get from rolling this
program out.
The Solicitor General alluded to it a bit there, but the number of
tickets that were discarded every month…. I’m just going off the top of
my head here. It was in the tens of thousands of tickets every year that
were discarded or were thrown out because you couldn’t read the
handwriting on the ticket.
That equates to into the millions of dollars of revenue that the
province couldn’t get and return back to the communities under the
revenue-sharing agreement that we had with all of the different
municipalities in the province here. So in that one area alone…. We’ll
be able to retrieve more fine revenue in the province as a result of
just that one little issue.
[3:25 p.m.]
General duty members in the province…. We have dedicated traffic
members in the province that will be utilizing this system. But general
duty members, as well, oftentimes will pass up the opportunity to issue
tickets for offenders under the Motor Vehicle Act because they’re too
busy, because they’re headed to a complaint, or they’ve got a few
minutes, and they’re writing up the file on the database on the computer
in the police vehicle. I think with this system now, where you can just
run the licence plate through the scanner, we’ll see a lot more interest
with our general duty members and some more contributions
there.
Our studies have shown — the studies from the ministry have shown
— that fine revenue will go up. Hopefully, it will peak, because it’s
not our goal to see the fine revenue going up. It’s our goal to see the
actual offences going down. I think that with more time spent by police
officers in addressing this with the public, hopefully, we’ll see that
at the end of the day.
The other part of this bill deals with an amendment to allow the
seizure and impoundment of vehicles under the Motor Vehicle Act. B.C. is
leading the country on a roadside prohibition program, the immediate
roadside prohibition program. It has reduced impaired driving deaths in
the province by well over 50 percent in the last ten years, which is
significant. All the other jurisdictions in Canada now are looking what
we have done here in B.C.
It’s a tried-and-true system that has been tested right through to
the Supreme Court of Canada. There have been some slight changes made to
the legislation to address those challenges, but again, it’s just a
little housekeeping issue, and it will make it a little bit easier for
the peace officers to do their job out there.
I fully support all the provisions of this bill as they stand, and
I look forward to the outcome that we’re going to see in British
Columbia once we have e-ticketing on line.
A. Weaver: I too rise to take my place in the debates on Bill 12, the 2017
Public Safety Statutes Amendment Act. I too rise to speak in support of
this bill.
This is the fourth of four bills receiving unanimous support today
in the House. It’s too bad the school children that were just here left
— did not see yet another bill be agreed upon. People could actually see
when this Legislature works instead of the fights that often occur in
question period.
This bill, as was mentioned by the former RCMP officer and the
member for Prince George–Mackenzie, makes two substantive changes. It
amends the Offence Act to allow for e-ticketing of drivers. As was
mentioned, current legislation restricts police officers to issuing
paper tickets in a prescribed form. This bill will allow for the issuing
of e-tickets as well as paper tickets.
I can only imagine the multiple translations of a ticket that was
written in my handwriting, and I do understand, as mentioned by the
member for Prince George–Mackenzie, that there must be many an occasion
— and as personal experience, it was many occasions — where illegible
handwriting led to tickets that would otherwise be issued not being
issued.
It does concern me that this will be a money grab by the province.
I’m hoping that the public listening to this, riveted to this on their
TV screens, will recognize that no longer will illegible handwriting get
them away from tickets.
I also do support the introduction of the ability to pay the
tickets on line. I mean, literally, the government, pretty much…. This,
in particular, is one of the last things in our society that allows you
to pay on line. So it’s very timely that this is brought forward….
Timely is the wrong word. It’s about time that this was brought
forward.
The three broad changes in this bill in the first section, changes
to the Offence Act, allow officers, as I mentioned, to issue e-tickets
and make copies of e-tickets, allows officers to create e-certificates
of service and also allows for the transport of electronic records to
ICBC.
It will be piloted in the select regions as a part of a road
safety initiative prior to rolling them out provincewide. These regions
include the CRD, Vancouver, Delta and Prince George. As part of the road
safety initiative but separate from the legislation, as I mentioned,
government will be rolling out a modern, new innovative ability to pay
your fines on line.
[3:30 p.m.]
[L. Reid in the chair.]
The second substantive change in this act is to amend the Motor
Vehicle Act to require a peace officer to impound a car that a person
was driving at the time that person was given a notice of a 30- or
90-day driving prohibition as a result of a roadside alcohol
test.
A review of this act by astute legislative reviewers and lawyers
found that immediate roadside prohibitions for alcohol-affected drivers
didn’t sufficiently cover the immediate impoundment of cars. That is,
there was a loophole in the act that was not providing immediate
coverage for the immediate impoundment of cars. This has been regular
practice since 2010 — that cars would be impounded. But actually, there
wasn’t legislation supporting this to occur.
Roughly, there have been something like 10,000 impoundments that
have occurred since 2010 that relate to this change. The change to
enable this to occur will now, obviously, be retroactive to 2010. So
anyone out there thinking that they’re going to get some kind of
reimbursement for having their car impounded is out of luck, as we
quickly make this retroactive to 2010.
As I mentioned, there are no current or previous legal challenges
relating to this amendment, as we bring it forward, which is a good
thing. I’m not sure if something is going to happen in the next 24
hours. At least that’s what we were told. It’s simply a gap that
government identified, or at least lawyers identified, and they felt it
was prudent to actually close this gap.
As mentioned by the member for Prince George–Mackenzie, this is an
uncontroversial bill, something we’re pleased to support and, frankly, I
would have thought, something we could have brought in, along with an
earlier bill we discussed on Red Tape Reduction Day. We’ve made great
steps in the province of British Columbia in reducing red tape without
actually naming a day after the reduction.
Deputy Speaker: Seeing no further speakers, the minister closes debate.
Hon. M. Farnworth: I regret the opportunity to be the designated speaker on this
particular piece of legislation and take full advantage of the two hours
that would have been available to me.
I want to thank the members for their comments. This is an
important piece of legislation. It does modernize traffic procedure in
the province of British Columbia, which is occurring in other
jurisdictions. The fact of the matter is that it will be more efficient.
It will save time, which is a good thing.
I can assure the member for Oak Bay–Gordon Head that this is not a
cash grab, as my colleague from Prince George–Mackenzie said. What we
want to see is people driving safely, and this will help do that by
eliminating, in essence, scribbly or illegible handwriting as a reason
for a ticket being thrown out.
With that, I move second reading of Bill 12.
Motion approved.
Hon. M. Farnworth: I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting of the House after
today.
Bill 12, Public Safety Statutes Amendment Act, 2017, read a second
time and referred to a Committee of the Whole House for consideration at the
next sitting of the House after today.
Hon. M. Farnworth: I move continued second reading debate on Bill 6, the Electoral
Reform Referendum 2018 Act.
BILL 6 — ELECTORAL REFORM
REFERENDUM
2018 ACT
(continued)
M. Polak: When last we discussed this bill, I was in the midst of my
comments. So I will just briefly refresh members’ memories as to where I
had gotten to. The approach I was taking was one of not so much speaking
with respect to the pros and cons of proportional representation,
although that naturally enters into the discussion, but more so to
highlight what I believe are the unique benefits of our current system
and how those actually rely on the way in which we elect members to
serve under that system.
I was, at the time, speaking about the role of private members and
reminding this House and members therein that the only members of
government are executive council. Everyone else is a private member with
a choice to support either government or the opposition. I was talking
about how important that is. We had a perfect example in this
Legislature, after this election, of the significant impact that one
individual member can have on this entire chamber and how it functions.
And that’s how our system is intended to function. There are also other
choices that members can make along the way. Those choices, as well, are
impacted by the very structure of our voting system and the system on
which we operate in this House.
[3:35 p.m.]
That revolves around the incentives in place and the potential
negative consequences that shape decisions that are made by members in
this House each and every day. Let’s take, for example, the choice that
a member can make in this House to cross the floor. It has happened in
this chamber. It has happened in our federal chamber. Members do that
for all sorts of reasons, but they never do so lightly. Well, why is
that? Part of that is because of the way in which we elect our members.
Those members know that the consequence of crossing the floor — in other
words, shifting their stated loyalties to that of another party and, in
the case of a sitting, moving to support the different side of the
government or opposition….
The consequences, though, are rather significant for any MLA
choosing to do so. And they should be because of the potential to shift
the balance of power in this House. The consequences that member faces
are things such as an understandable backlash on the part of a community
that voted for a particular viewpoint in majority and feels they have
now been betrayed by the actions of that member. They know they will
have to have a very good explanation for those people who are back in
their ridings. Of course, in British Columbia, those constituents also
have the option of recalling an MLA. Certainly, they could take their
concerns about that forward in the future election that that member may
seek.
A member may choose to sit as an independent. That could be
because they have found themselves not in agreement with any of the
parties that are existing here in this House, or it could be because of
a personal philosophy they have that stands them in favour of being an
independent. We have had independents sitting in this House. Indeed, we
have independents sitting in this House now, although they do have a
party affiliation. Again, they play a very important role.
Sometimes, as in the case of the current independent members, they
decide to formally align themselves with a party. On other occasions,
they decide they will make up their mind not based on which party they
have aligned themselves with but on individual cases of votes on
individual matters. There are a number of other issues that private
members can have a huge impact on, but I’ll leave those as the examples
I’ve chosen to highlight here today.
What does our system have to do with that? Why couldn’t members do
the very same things in a proportional representation system? Well, they
could, but it doesn’t make a lot of sense. Here’s why. The issues around
the importance and significance of a private member and the choices they
make really only matter with respect to shifting who has a majority in
the House and, therefore, who can act as government to pass laws to
change things, to change the rules of how we live. It is a very, very
important piece of the incentives that affect members’ choices in this
House.
With proportional representation, the idea that any one party is
ever going to hold a majority position in this House is not very likely.
It’s not very likely that we would see that circumstance. I wouldn’t say
it’s impossible, but it’s highly unlikely. So now what have you done?
Well, in the absence of a clear majority that is held by one party or,
perhaps, a coalition that has formally united, there is no incentive for
a member to act in a way that balances their own individual ridings and
the manner in which they get elected there — in other words, the issues
they stand on, how they represent their community — versus the desire to
be a part of government or a part of that party that holds the
philosophy that links to their views.
[3:40 p.m.]
Think, for example, of a member who would be supporting the
government side who comes to a point where they don’t agree. Well, the
prospects of being, potentially, in government, staying in government
right now, would temper that individual’s decision. They would have to,
within their own mind, reconcile: “Well, hmm, let’s see. I want to
represent my community, but I also have a desire to be part of a
majority. Therefore, now I’m going to have to have a talk with my
caucus, maybe have a talk with my Premier.” You’re going to have to find
a way to resolve this issue or leave and face the rather serious
consequences. So it becomes not just your individual decision. Your
individual decision isn’t all that matters.
If at the end of the day, the House is populated by individuals,
some of whom have been elected in their local region, some of whom have
been appointed by a party — we’ll get to that in a moment — your only
incentive is to think about your own re-election in your own situation.
So if you’re one of those elected members, you’re no longer thinking:
“Well, gee, I want to get elected in Langley, but at the same time,
being in majority is important to me.” I want to take Langley’s
concerns, in my case, and try and resolve them around what government
wants to do for the betterment of the whole province — right? — and,
hopefully, find that compromise that benefits your own constituents but
also the whole province.
That is how the existence of a majority on one side of the House —
a majority of one party or a coalition — actually affects and shapes the
decisions of individual MLAs and how they arrive at them. It’s extremely
important, and it’s one of the reasons our system works so well, because
it forces individual MLAs to think beyond just their own election in
their own riding. It forces them to think of the whole province. You
lose that when you lose the ability for one party or a coalition to form
a firm majority.
Then there’s the issue of those who might be appointed. Well, for
those who have been listening to the narrative I’ve been outlining, in
my last speech before we broke and then now continuing today, they will
probably have already formed the conclusion that is obvious. If you are
one of those members who is appointed by a political party, your only
incentive is to act with respect to what that political party would want
you to do.
Contrary to some popular opinions, that is not what currently
happens in this House. Why? Because, going back to the beginning of my
discussion, every Premier and every Leader of the Opposition knows how
to count, and they know that they have to maintain the confidence of
their caucus or they will very quickly find themselves in the situation
of losing their opportunity to lead that group, whether they’re a
Premier or a Leader of the Opposition.
In the case where you are appointed, who are you influencing?
You’re required to adhere to what your party wants. They appointed you,
so you’re going to follow what they want you to do, and there’s no
reason for a leader of your particular group to be concerned if you
don’t like what they’re doing.
Currently if you’re a Premier in the province of British Columbia
and a sufficient number of members in your caucus are unhappy with what
you’re doing, you’re going to be pretty concerned. You’re going to be
very concerned. You’re going to be asking them: “What’s wrong? How do I
fix this? How do we find a compromise position? Maybe we have to change
our position.” You’re concerned because you risk losing your majority.
In the case of an appointed member who owes their loyalty only to the
party that appointed them, that leader has absolutely no reason to
listen to that member or to change anything.
I hope I have successfully outlined for members the very real
tragedy it would be if private members were to lose the very important
role that they play in this House. Each and every one of us can have a
huge impact, well beyond just us as an individual, but it’s because of
the way that this place functions. It’s because of a very proud history
of our parliamentary democratic traditions, which aren’t there just as
traditions.
[3:45 p.m.]
They’re there because they affect and shape how MLAs act, what
choices they make and what types of things they consider when they make
those choices. They force us to think about what’s best for our
communities and what’s best for the overall province.
There is, in my view, no other system on this planet that does a
better job of it. We’ve all heard the old Churchill quote about
democracy being the worst form of government. I won’t repeat it.
Democracy can be messy, but fundamentally, it’s a human endeavour so it
will always be flawed. But I truly and sincerely believe that our
particular system of democracy is the one that best causes individuals
to rise to the occasion and act on their better natures.
R. Leonard: I’m very honoured to rise today in support of the Electoral Reform
Referendum 2018 Act. I’ve heard loud and clear from the citizens of
Courtenay-Comox how dissatisfied people are with the current
first-past-the-post system. This legislation will provide us with the
opportunity to test the will of the people in a clear, simple and
accessible way.
The demand for a review of our system has been a persistent
grassroots effort, fuelled by people — people who are passionate about
our democracy and concerned about losing the freedom it provides. In our
first-past-the-post system, my constituency gained notoriety on May 9
with my nine-vote lead. I’ve already told this House how many people
have come up to me to proudly say that they were one of the
nine.
They really understood how their act to vote made a real
difference, that every vote does count. It’s an important lesson,
because our democracy is struggling with the ever-declining numbers of
citizens coming out to exercise their franchise. We need to have an
electoral system that encourages people to vote because they know it
will make a difference.
There is another lesson there too. There were many close wins in
British Columbia — races which saw Liberals and NDP alike elected. Do
those who voted for the other candidates feel that their vote counted?
Probably not. In a multiparty system like ours, it’s almost impossible
for the majority of voters to elect a majority representative. The last
majority win of a party with over 50 percent of the vote was almost 90
years ago. With consistently more disenfranchised voters than rewarded
voters, no wonder people are not motivated to go to the
polls.
It is a great privilege to sit in this House and represent the
people of our constituencies. I have no doubt that every MLA, no matter
what party, works hard on behalf of all their constituents, no matter
their political persuasion. However, if you are amongst the majority who
didn’t vote for your elected MLA, you most assuredly are not going to
feel satisfied with the priorities and directions of a government in a
first-past-the-post system. This is reflected in the highly adversarial
atmosphere in this House.
The current first-past-the-post system is not about numbers of
seats won. It is about power — power which breeds the acrimony that
echoes through this chamber daily. Why wouldn’t we consider a system
that shifts away from power-based politics to shared
decision-making?
Interjection.
R. Leonard: Members opposite harp on cooperation between parties like it’s
some terrible thing. I just heard a reaction to that. But British
Columbians want a process where everyone’s interests will be represented
in government, where all views can be expressed and compromise can
happen. That’s what the electorate is interested in, in my
community.
The two federal members of parliament in my constituency worked
very hard to consult the public on electoral reform last year. And 85
percent plus of thousands who participated in town halls and answered
surveys sent to every household in the two ridings said that the number
of a party’s seats won should be reflected by the percentage of votes
received. They also agreed that there should be cross-party
collaboration.
[3:50 p.m.]
Let me say that again. That’s 85 percent plus of thousands of
citizens who took the time to respond. The interest is overwhelming.
There is no doubt that government needs to respond, and this legislation
provides that opportunity to hear from the people in 2018.
Last week I had the privilege of joining an all-party women’s
caucus gathering. There was talk about how far women have come in the
political system since we won the vote 100 years ago and also how far we
still have to go. We talked about our responsibility to mentor other
women to join the political fray. But I can tell you from my own
personal experience: enlisting other women to run for office in this
highly adversarial, charged system is challenging, and it shouldn’t be
this way. We have an opportunity to choose a system that welcomes all
voices.
I look forward to the public consultation process as we look at
proportional representation in B.C. and give people the power to decide
on a more responsive and representative government.
S. Thomson: I’m very pleased to rise today to provide some comments and
perspective on Electoral Reform Referendum 2018 Act and to speak on
behalf of members of the Kelowna-Mission riding and others. I wanted to
start my comments with a thought, or a statement — the importance of
representation and how it is integral to our democracy, and the fact
that I believe in it very, very strongly.
I’ve always tried my best to represent the interests of the
community that I represent — the riding that I represent and the broader
community of Central Okanagan and Kelowna — in the best way I can. I
believe our community has seen the benefits of that direct
representation and stable government in B.C. and in Canada, particularly
when you look and compare the stability and government that we’ve had
over the many years to experiences and situations that we’re seeing in
so many other jurisdictions.
It probably won’t come as a surprise to the members opposite, but
I will not be supporting this proposed legislation. Not because I don’t
believe that it might be appropriate, in a properly structured process,
to consider whether our current approach continues to meet the needs of
voters and the public in B.C. and whether it provides for fair, equal
and equitable representation for all regions of the
province….
In my view, this proposed legislation sets up a process that does
exactly the opposite of that. It doesn’t set up a process that will
provide for fair, equal and equitable representation. It doesn’t provide
for a process that will, on something as significant as this, do it in a
fair, equitable and reasonable process.
I’ve listened to some of the statements and some of the assertions
from the members opposite, along the lines of, “Don’t worry. You should
just stay calm. This is enabling legislation. It isn’t the question. It
isn’t the process,” and that there will be consultation, all of those
kinds of things. You know: “Stay calm. Don’t worry.”
But what we have here in this referendum act, the reform
referendum act, is setting up a process that I think we need to be very,
very worried about and to address directly, because of the process that
is being set up. This bill proposes to change the fabric of our
democracy and affect British Columbians across the province, regardless
of who they voted for, and it has been crafted in a way to tilt the
outcome in favour of a positive outcome for proportional
representation.
[3:55 p.m.]
It’s going to be the third attempt at a referendum since 2005, the
first two failing to meet both of the two thresholds that ensured
regional and majority support. I do stand against this process and
against this enabling legislation that’s in Bill 6, because it is really
enabling a tilted and stacked process for a desired outcome.
It’s all part of a package that’s been carefully and craftily
designed to ensure the members opposite can retain their hold on
government. When you combine it with all the other steps that have been
taken — financing reform, Election Act amendments, Constitution Act
amendments, the timing of election — it’s all part of a package that is
designed for a pre-intended outcome. This referendum legislation is
really part of that whole package that is leading to that pre-intended
outcome the members opposite want to achieve.
In fact, if you look at the legislation,
section 3(2) specifically
exempts this process from the Referendum Act. Apparently, for some
reason, the government doesn’t feel the provincial legislation is good
enough in this process. I haven’t heard a clear articulation of why the
Referendum Act, and the current provisions of the Referendum Act, aren’t
being utilized in this process.
Section 3 specifically says: “
(1) Section 5 of the Offence Act does not apply to this Act or the
regulations.
(2) The Referendum Act does not apply to this
referendum.”
Again, if we have the legislation in place, I haven’t heard a
clear articulation of why the thresholds and the standards in that
legislation shouldn’t be used in this process.
We have serious concerns, also, about how the question will be
determined. Ultimately, the bill ensures that the question will be
decided by the NDP cabinet behind closed doors, maybe within the context
of their secretariat with the B.C. Greens. But again, the question that
will be on the ballot in the referendum process…. The legislation
specifically sets up that that will be determined by cabinet.
As I’ve said, this will be the third attempt at a referendum, as
British Columbians voted on this in 2005 and again in 2009. They’ve
said, twice now, that they do not want proportional representation, both
times following a very extensive engagement and consultation process
with the public and a threshold that was much more appropriate for
something as significant as this — 60 percent in 2005, 60 percent in
2009, both with the requirement for regional support as well; a simple
majority of ridings in 2005 and 60 percent of the ridings in
Additionally, in the provisions here with the legislation, there’s
no minimum voter turnout required. This enables a simple minority in our
population to make fundamental changes to our voting system.
We have further concerns with the nature of the public engagement
process that has yet to be determined. In the 2005 and 2009 referenda,
the independent and non-partisan Citizens’ Assembly on Electoral Reform
defined the process, defined the question. Each time, the assembly
ensured British Columbians from every corner of the province would be
consulted.
I can tell you that on this side of the House, we’re not
expressing these concerns and taking these positions just from a
position of wanting to maintain the status quo or feeling that we would
lose seats. In fact, with the current system, if you look back over
history, there are precedents of the party getting more of the popular
votes and fewer seats in the Legislature. We just have to look back to
1996, when we had that situation. Again, it shows that there are
circumstances where the current system, first-past-the-post, results in
parties obtaini