British Columbia Committee Hansard (Blues) — Wednesday, May 15, 2019 p.m. — Number 258 (HTML) (41st Parliament, 4th Session) (20190515pm-CommitteeA-Blues)
20190515pm-CommitteeA-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Wednesday, May 15, 2019
Afternoon Sitting
Issue No. 258
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
Tributes
Jacky Ko
J. Yap
Introductions by Members
Ministerial Statements
David Kampe
Hon. A. Dix
D. Ashton
Introduction of Bills
D. Barnett
Statements (Standing Order 25B)
New curriculum in schools and news analysis by students
J. Routledge
70th anniversary of Hope-Princeton Highway
J. Tegart
River of Belonging art project at École Heritage
Park Middle School
B. D’Eith
Anniversary of B.C. government apology to Chinese Canadians
T. Wat
Frank Burden
R. Leonard
Ralph Nilson and Vancouver Island University
M. Stilwell
Oral Questions
Visa reference letters by Citizens’ Services Minister
S. Bond
Hon. J. Sims
J. Johal
Soil disposal site in Shawnigan Lake watershed
S. Furstenau
Hon. G. Heyman
Visa reference letters by Citizens’ Services Minister and political fundraising issues
P. Milobar
Hon. J. Sims
J. Thornthwaite
Government response to allegations regarding Citizens’ Services Minister
J. Tegart
Hon. J. Sims
Visa reference letters by Citizens’ Services Minister and political fundraising issues
M. Polak
Hon. J. Sims
Petitions
S. Sullivan
Orders of the Day
Committee of the Whole House
Bill 31 — Police Amendment Act, 2019
Hon. D. Eby
M. Morris
Report and Third Reading of Bills
Bill 31 — Police Amendment Act, 2019
Committee of the Whole House
Bill 17 — Environmental Management Amendment Act, 2019
P. Milobar
Hon. G. Heyman
Report and Third Reading of Bills
Bill 17 — Environmental Management Amendment Act, 2019
Committee of the Whole House
Bill 30 — Labour Relations Code Amendment Act, 2019
J. Martin
Hon. H. Bains
G. Kyllo
Report and Third Reading of Bills
Bill M209 — Business Corporations Amendment Act (No. 2), 2019
Committee of the Whole House
Bill 30 — Labour Relations Code Amendment Act, 2019 (continued)
J. Martin
Hon. H. Bains
Committee of the Whole House
Bill 14 — Heritage Conservation Amendment Act, 2019
J. Rustad
Hon. D. Donaldson
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill M209 — Business Corporations Amendment Act (No. 2), 2019 (continued)
M. Lee
A. Weaver
Hon. C. James
Point of Order (Chair’s Ruling)
Committee of the Whole House
Bill M209 — Business Corporations Amendment Act (No. 2), 2019
(continued)
Hon. C. James
A. Weaver
M. Lee
R. Sultan
Committee of the Whole House
Bill 19 — Energy Statutes Amendment Act, 2019
G. Kyllo
Hon. M. Mungall
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Health (continued)
N. Letnick
Hon. A. Dix
WEDNESDAY, MAY 15, 2019
The House met at 1:35 p.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. A. Dix: I’m proud to introduce paramedics from around B.C. who’ll be visiting
with members of the Legislature today. They’ll be visiting with me much
later, because I and the member for Kelowna–Lake Country will be doing
Health estimates and probably talking a little bit about ambulance
paramedics and B.C. emergency health services at some point.
I wanted to welcome Cameron Eby — I want to say, again, no relation —
who is the president, of course, of the Ambulance Paramedics of B.C. and who
plays an extraordinary role every day. There are 33 paramedics here to meet
with us today. They’re all around us in the gallery, particularly up there —
hi, Cameron. I look forward to meeting them later; I know members of the
House do.
Please give them a warm round of applause, welcome them, and thank
them for all the work they do every day for British Columbia.
D. Davies: It gives me great pleasure to introduce a group of students from
Western Washington University. They’re the political science class on
Canadian government and politics. We’re joined here by their instructor,
Butch Kamena. I just spent the last 25 minutes with them trying to explain
everything that happens in this place, which was about 24 hours less than
what I needed — in a very unbiased fashion, Mr. Speaker. Would the House
please make the students feel welcome.
N. Letnick: I would like to follow up on the Minister of Health’s introduction,
and for once, I actually have the list of all the names — which, usually,
the Minister of Health gets to do, and I can’t. The honour falls to me to
misquote some of these wonderful names.
Before I do that, I just want to say thank you, on behalf of all of my
colleagues here in the House, for the work they do. I know I have availed
myself of your expertise over the years, on more than one occasion. I’m sure
my colleagues to the left of me and to the right of me have also availed
themselves of that expertise.
Thank you, and thank you for the privilege of advancing the blood
bill, the Emergency Intervention Disclosure Act, on your behalf in this
Legislature just a few years ago.
So the brave soul jumps in. Let’s welcome Keith Taylor, Shane Thair,
Melanie Stevens, Paul Alberts, Amy Chris, Gretchen Bonegardener, Corey
Viala, Cameron Eby, Greg Hayes, Keith Moraes, Scott Sywake, Warren Leeder,
Jessica Chilton, Annemarie Byers, Corey Froese, Dave Deines, Dustin Jackson,
Kelly Budway, Kevin Marriott, Kevin Lemay, Robert Parkinson, Sophia Georges,
Megan Nelson, Jason Jackson, Andre Ledoux, Chris Andersen, Matt Bordewick,
Ashton Paradis, John Strohmaier, Grant Farquhar and Dave Leary.
Before I ask the House to make you feel really welcome, you should
know that I’m giving the list to Hansard , so it will actually be
spelled correctly. If I missed the pronunciation, don’t worry about
it.
Would the House please make them feel very, very welcome.
J. Routledge: Well, I’m very excited to introduce Jody Torrance, who is a teacher at
Gilmore Community School in Burnaby North. With her are 58 grade 4 and 5
students, one of which is my granddaughter, Asia Brassington. Also with them
are nine parents who are here for the trip, one of whom is my son, Bill
Brassington. Please make them all feel very welcome.
[1:40 p.m.]
Hon. M. Mark: In the gallery today we are joined by representatives from the
regulatory body for architecture. The Architectural Institute of B.C. is an
independent professional self-regulatory body that was incorporated in April
1920 under the Architects Act.
We have several guests from the AIBC joining us today: chief executive
officer Mark Vernon, general counsel Thomas Lutes, director of registration
and licensing Jenelyn Torres. They had a chance to meet with me this
morning. I know that they’ve met with the members opposite.
I’m pleased to recognize that AIBC is commemorating its centenary
year. For the past 100 years, the institute has served the public interest
by ensuring that architects meet the qualifications and standards needed to
practise architecture in B.C.
Would the House please join me in welcoming them and those that aren’t
here. There are 2,167 members as far as I know today. Would the House please
join me in welcoming the architects of B.C.
Hon. C. Trevena: It gives me great pleasure to make two sets of introductions
today.
One is in the gallery, representatives of the B.C. Automobile
Association. I think that many of us in this House are members of the BCAA.
They do a great job for us. They’ve been talking to members of the
government caucus and are going to be talking to members of the Liberal
caucus later on.
We have in the gallery Shawn Pettipas, the director of community
engagement and marketing; David Weloy, the senior manager of automotive
safety and training; Sara Holland, who is the senior manager of
communication advocacy; and Sacha Trueman, a road assist fleet driver. I
hope the House will make them all very welcome.
My second introduction. I impinge a little on my colleague, the
Minister of Agriculture’s role here, but in the gallery today is one of my
constituents. He’s here as part of the B.C. Seafood Alliance. Gary Casavant
works at Keltic Seafoods, a seafood company up in Port Hardy. I hope the
House will make Mr. Casavant very welcome also.
Hon. L. Popham: With us today in the gallery are a number of folks from the B.C.
Seafood Alliance. The alliance collectively represents more than 90 percent
of the commercially harvested seafood in British Columbia, and that’s worth
almost $1 billion in annual sales.
Members that are joining us here today are Christina Burridge, the
executive director of the B.C. Seafood Alliance; Chris Sporer of the B.C.
Seafood Alliance and the Pacific Halibut Management Association; Tiare
Boyes, B.C. Tuna Fishermen’s Association; John Nishidate, the Seafood
Producers Association of B.C. and Grand Hale Marine Products; Robert
Hokness, who is a fisherman; Lyle Pierce, who is a fisherman; Brad McLean,
seafood producer, French Creek Seafood; Gary Casavant, as we heard from the
Minister of Transportation, a seafood producer from Keltic Seafoods; Grant
Dovey, Underwater Harvesters Association; and Dane Chauvel, Gulf Trollers
Association.
Please make them feel welcome.
M. Dean: In the precinct today we have over 30 grade 5 students from École
Victor Brodeur. They’re here today with their teacher Daniel Bernatchez.
Please make them very welcome.
S. Chandra Herbert: It gives me great pleasure to stand to celebrate a devoted dad, a
loving husband, an incredible athlete, a good friend, a hard-working MLA for
the people of Delta North. A very happy birthday to the MLA for Delta
North.
Tributes
JACKY KO
J. Yap: I have some sad news to share with the Legislature. We learned
that last night Jacky Ko, who is well known in the Richmond community
and the Chinese-Canadian community as a very successful, popular
photographer, passed away.
Jacky Ko will be best remembered for founding the Vancouver
International Photography Festival, which I know some members on both
sides of the House have attended over the years. He was a wonderful
human being who carried out his profession of photography with great
energy and passion and supported, most notably, the not-for-profit and
charitable sector by providing photography services, often without
charge. He did operate as a professional photographer with his own
professional photography studio.
[1:45 p.m.]
As I said, very well known and cared for in the community, so very
sad news to hear of his sudden passing last night. I ask all members of
this House to join me in sending condolences to the family of Jacky
Ko.
Introductions by Members
S. Furstenau: I have two sets of introductions to make. I’m pleased to introduce
Christine McLean, Eric McLean, Judith Pringle, Doug Watt, Marlene Watt and
Doug Gook, all from the Concerned Citizens of Quesnel Lake. I’d like to
applaud their commitment to protecting their local watershed, which, as
members may remember, was decimated by the Mount Polley disaster. They
continue to raise awareness about the impacts to their watershed, which is
sadly synonymous with experiences that we have had in Shawnigan Lake. May
the House please make the Concerned Citizens of Quesnel Lake most
welcome.
Speaking of Shawnigan Lake, I have three members of the Shawnigan
community here today, and I’m delighted to introduce them. John Hayes was
one of only two citizens who filed an Environmental Appeal Board appeal when
the permit to put five million tonnes of contaminated waste into our
watershed was delivered. He went to all 31 days of the EAB hearings. He is a
true hero in our community.
Shelagh Bell-Irving and Marnie Hare are also here in the gallery.
Shelagh was relentless in her efforts on the road every morning, and Marnie
as well. I would like to really acknowledge that the friendships that we
formed over those many years are deep and true. I’m delighted to see you
here today. Thank you for coming.
Hon. L. Beare: I’d like to introduce 30 grade 5 students from Maple Ridge Christian
School from my riding of Maple Ridge–Pitt Meadows. They’re in the precinct
today, led by Mr. Reid and accompanied by 15 adults. They are touring the
building at this moment, but I had the opportunity to meet with them this
morning and brought them into my office. They took numerous selfies at the
minister’s desk. We have a bunch of budding ministers in this group. I’m
very excited to have had the chance to visit with them. Would the House
please make them feel very welcome.
R. Kahlon: I share a special birthday with, I just found out, two special people.
A special message to one of the birthday boys in the chamber today from his
son, Dev, and his partner, Romi.
I want to recognize the member for the West End. We share a birthday.
People often confuse us as twins. I just want to make sure, for the record,
that we’re not twins. We just look very much alike.
Also, it’s the birthday of the member for Penticton’s mom, who is
turning 94 today. A lot of great people born on this day.
Ministerial Statements
DAVID KAMPE
Hon. A. Dix: I rise to give a ministerial statement.
Last Wednesday David Kampe passed away, surrounded by family and
friends, and our province lost a community builder, a role model and
benefactor.
Mr. Kampe was a true champion of the city of Penticton and the
entire South Okanagan. He grew up in Summerland and built Peters Bros.
Construction and Paving from scratch to a company that is in every
market in B.C.’s interior.
A kid at heart, one of Mr. Kampe’s passions was giving youth a
chance to have success, no matter whether they had money or not. He was
all about community, and I think it’s fair to say he loved
Penticton.
In recent years, he donated close to $8 million to Penticton
Regional Hospital for its new patient care tower, one that now bears his
name, and a further $1.7 million for future equipment. We are so
grateful that he was able to be with us when we opened the hospital — to
be with the member for Penticton and the member for
Boundary-Similkameen, who were there with us that day. I know that we
were able to express our gratitude to him, and he was able to celebrate
a hospital that he wanted very much to be a five-star hotel. I think we
met that test on that day.
His loss is, of course, considerable for his family, friends,
employees and all of the staff of Penticton Regional
Hospital.
I ask members of the Legislature to join with me and the member
for Penticton today to honour Mr. Kampe, whose work represented, I
think, Penticton, his community and his province so well. His dedication
will live on at the hospital and everywhere in Penticton for generations
to come.
[1:50 p.m.]
D. Ashton: I would really like to thank the Minister of Health for his kind
words.
The gentleman of which the minister speaks was a very good friend,
a mentor and an incredible philanthropist not only in the Okanagan but
throughout British Columbia, an individual who never, ever, ever wanted
credit for his generosity. He actually really preferred to be anonymous.
He actually had to be persuaded to have his name put on that brand-new
tower at the hospital in Penticton. I was taken into his confidence many
times on some of the contributions that he wanted to remain anonymous
on.
I can say that Mr. Kampe did an incredible job of not only
employing hundreds and hundreds of people in this province but making a
difference to many in the province, especially those in need.
With the graciousness of all of us in the Legislature, I’d just
like to reserve the opportunity in the future, when things settle down,
to give him another word of thanks.
Introduction of Bills
D. Barnett: I move that the bill entitled Adoption Amendment Act, 2019, of which
notice has been given in my name on the order paper, be introduced and read
a first time now.
I am pleased to stand in this House to reintroduce the Adoption
Amendment Act. I first brought this bill forward on November 21, 2018. This
bill removes the legislative stipulation that disqualifies adults over the
age of 19 from formally being adopted if these individuals were not
supported as children by their prospective adopter during their youth. It
increases the ability for consenting adults to have the freedom to define
their family relationships and have them recognized by the state without the
unnecessary and arbitrarily restrictive legislation exclusions currently
present in the Adoption Act.
If passed, consenting adults who enter adoptions will have the ability
to have equal access to state benefits afforded to families. This will align
British Columbia with other Canadian jurisdictions that already have
allowances to adulthood adoption in place, such as Manitoba, Alberta,
Ontario and Saskatchewan, among others.
The bill will allow for the same protective safeguards against abuse
of the adoption process that are already granted to the adoption of minors
to remain in place for adults by allowing the courts to determine the
validity of the motivations of prospective adult adoptions.
Finally and most importantly, this bill has been brought forward due
to the fact that in my constituency, I have adults who wish to be adopted,
and under the current system, it is difficult. I see no reason these
individuals should not be allowed to define and have recognized their
consenting family relationships.
Mr. Speaker: Thank you, Member. We will take that on notice for the moment. It
wasn’t on the order paper. There must have been some glitch. We’ll look
forward to hearing you introduce that again at the earliest
opportunity.
D. Barnett: It was my understanding it was.
Statements
(Standing Order 25B)
NEW CURRICULUM IN SCHOOLS
AND NEWS ANALYSIS BY
STUDENTS
J. Routledge: The other day I was having lunch with my granddaughter Asia, and I
asked her what she was learning in school. She told me they were
deconstructing the news. That’s right, deconstructing the news — her
words, not mine. She’s ten years old.
Now, I must have looked impressed, because my son shrugged and
said: “New curriculum.” I decided to find out more about this new
curriculum, but first, I had to remind myself what “deconstruct” meant —
to analyze by breaking something down into its component parts in order
to expose its hidden internal assumptions and contradictions.
The new curriculum recognizes that kids in school today will
graduate into a world that’s totally different from the one we know now.
Not only do we need to teach them to embrace technology; they must
become highly skilled in communication, collaboration and critical
thinking.
[1:55 p.m.]
B.C.’s new curriculum allows students to have more input with
respect to how, when and where they learn. It helps kids, both girls and
boys, feel more connected and engaged with what they’re studying so that
they can have a better chance of success.
Back to deconstructing the news. My granddaughter explained it to
me like this. Everyone in the class picked a local news story and
described it by answering a few questions. What’s the story? How has it
been constructed? Who is the target audience? What persuasive strategies
have been used to connect with the reader? What does the story want you
to think and feel?
Asia picked pipelines. Now she watches the news with her dad, and
she views it very differently than she did before she learned how to
deconstruct it.
Let’s keep in mind that today there are 58 young people in the
gallery who know how to deconstruct what we’re saying. They may even go
home and share their analysis with their parents.
70 th ANNIVERSARY OF
HOPE-PRINCETON HIGHWAY
J. Tegart: Recently I had the opportunity to attend a celebration of the 70th
anniversary of the Hope-Princeton Highway. The event was hosted by the
Hope Communities in Bloom Committee, which had printed copies of the
original program used in 1949. The program indicates that they actually
sang God Save the King .
The contract for the building of the highway was let to J.
Tomlinson and Emil Anderson. Work began in 1945, and four years later,
at a cost of $12 million, the route was complete. We would not even have
environmental assessments done in that period. Six thousand people
attended the opening day ceremony.
One of my constituents shared the following story with me, how
exciting it was to be 16 years old at the opening day celebration of the
highway that would open up the southern Interior of B.C. and to drive it
on the first day with his two friends. His buddy had borrowed his dad’s
car, and the three of them hit the road. He said he will never forget
that experience.
He indicated they drove up to Princeton and back to Hope with a
great many others who were excited about the new highway. When they
arrived back in Hope, there was more excitement, as it appears his buddy
who drove that day had forgotten to ask permission to borrow the car.
The police were waiting for them when they arrived back in Hope. It was
a memorable day all around.
The Hope-Princeton opened up the southern Interior of the
province. It provided an efficient route for trade and produce out of
the Okanagan, and for tourism. We only have to look at the economy of
the southern Interior to know the impact that this highway has had in
the last 70 years.
Congratulations to the engineers, the contractors, the workers and
those with the vision to see the importance of highway infrastructure.
Your work and vision have had a significant impact on the past and
future of this great province.
River of Belonging ART PROJECT AT
ÉCOLE
HERITAGE PARK MIDDLE SCHOOL
B. D’Eith: I continue to be amazed by the students and teachers in my riding,
and I’ve shared a few of their accomplishments in the past — their
dedication to helping others in programs they’ve created. Once again,
I’m happy to stand and speak about an initiative taken on by teachers
and students in Mission.
Last week École Heritage Park Middle School unveiled a new
12-by-4-foot art project called a River of Belonging . The piece
is made of mostly coloured glass and glass rocks, and it depicts a
beautiful river filled with salmon. It’s indeed something special,
because every student and staff in the school contributed a
piece.
Each person created a rock for the river, with a message or a
picture that was meaningful to each of them. This actually was the
brainchild of outgoing vice-principal Mikel Brogan. Artist Marina Papais
collaborated with Daniel Collett and local First Nations carver Peter
Gong to work with the students.
The vice-principal said that the project was aimed at creating a
stronger sense of belonging in the school toward reconciliation, and it
encapsulates the notion that every student truly matters and belongs.
The school’s six core values — respect, responsibility, perseverance,
courage, integrity and empathy — are all represented in six beautiful
carved salmon by Peter Gong.
[2:00 p.m.]
It’s our job to teach the next generation about truth and
reconciliation, and it’s so wonderful to see schools and school
districts take this amazing step towards this reconciliation.
I want to thank vice-principal Brogan for his dedication to the
students at Mission and for starting this project. I’d like to thank the
artists and the Stó:lō First Nation who were part of the unveiling
ceremony. And of course, I want to thank every student and staff who
participated in this amazing project.
This piece of artwork is now permanently displayed at the school,
in their Clark theatre. I encourage everyone to visit Mission to see
this wonderful work.
ANNIVERSARY OF B.C. GOVERNMENT
APOLOGY TO CHINESE
CANADIANS
T. Wat: As we move to the halfway mark of Asian Heritage Month, we land on
an anniversary of a day that is very important to me and to the
Chinese-Canadian community — a day that fills our hearts. In May 2013,
as the then Minister Responsible for Multiculturalism, I began a
consultation process that saw more than 1,300 people attend a series of
seven forums throughout the province.
This all led to May 15, 2014, five years ago today, when I had the
honour of standing next to the then Premier, Christy Clark, as she
shared these words: “We can’t undo the actions of the past, but we can
acknowledge them, apologize and learn from them. Today we rightly
recognize and celebrate cultural diversity, and that’s why all sides of
the Legislature were able to come together to offer our deepest regrets
to members of the Chinese community for historic wrongs.”
The report that came out of the consultations outlined 13
recommendations to recognize the social, cultural and economic
contributions of Chinese Canadians. One of those recommendations that
received consensus at every forum was to update the social studies
curriculum to acknowledge the contribution of Chinese British
Columbians.
Other recommendations, such as repealing racist legislation,
identifying sites and artifacts of historical significance, publishing a
book profiling the contribution of notable Chinese British Columbians
and creating commemorative monuments, have also been
implemented.
It is with great pride that I repeat this again in the House. “In
the words of one forum participant, our efforts will not only heal the
past but generate new thinking about how to ensure we have a vibrant,
inclusive community and continue to make a real difference in the lives
of many thousands of Chinese British Columbians.”
FRANK BURDEN
R. Leonard: Frank Burden is someone who steps up to help without question. I
wasn’t surprised to learn that I’m not the only one in this House that
knows he’s always looked for ways to be of service to others. It began
small, with his children, coordinating activities for local Cub and
Scout leaders. As a secondary teacher-librarian and union activist, he
served as union rep at his school, then as union president and
bargaining chair in his school district.
He facilitated countless workshops and advocacy and curriculum
change through the B.C. Teacher’s Federation and was elected to the
board of the B.C. College of Teachers. After retiring, he didn’t stop.
He supervised the work of UVic student teachers and was a founding
counsellor for the Community Justice Centre in the Comox
Valley.
Along the way, Frank joined his local legion wherever he lived,
from Alberta in the 1960s to Vanderhoof, Nelson and, finally, to the
Comox Valley. With Courtenay’s Branch 17, he’s been poppy chair and
president and served on the board of central Vancouver Island zone
command before taking on the role of service officer.
As service officer, Frank conducted poppy services and other forms
of remembrance ceremonies for veterans and legion members. His advocacy
and support for veterans, their spouses and dependents and other members
of the community, went above and beyond, with deep gratitude in return.
Digging up military records, helping apply for pensions, filling out
forms and appeals — these were his regular fare. Through the poppy fund,
he’s helped families leave abusive relationships. He’s helped two
veterans settle after a house fire.
There are countless other stories. His legion has honoured him
with a life membership. Frank Burden has enriched the fabric of our
whole community with his selfless service on behalf of
others.
We love you, big Frank, and thank you.
[2:05 p.m.]
RALPH NILSON AND
VANCOUVER ISLAND
UNIVERSITY
M. Stilwell: I would like to take a moment to recognize and celebrate the
wonderful work and dedication of Dr. Ralph Nilson, president and
vice-chancellor of Vancouver Island University. He’ll retire at the end
of June, after more than a decade at the university. I know that he will
be greatly missed.
Many of my colleagues already know Dr. Nilson, having either
worked with him or because of the initiatives that he’s launched in his
time at VIU. He came from Acadia University in Nova Scotia to the
post-secondary institution in 2007, when it was still Malaspina
University College, and he led it through to its transition into a
university.
Under his leadership, the university has been recognized for its
work on reconciliation with First Nations communities and became the
first university in B.C. to launch the tuition waiver program, meant to
improve access to post-secondary education for former youth in
care.
In 2017, Dr. Nilson was recognized for his work, with the B.C.
Community Achievement Award.
I didn’t know Dr. Nilson well prior to entering politics, but I
can say that he has become someone I respect and admire for his
leadership and advocacy to create opportunities for all students
attending VIU. The WEST program that my son will attend in the fall is
just one program. The university has become a national leader in
creating educational opportunities for non-traditional learners, thanks
to him.
It has been an absolute pleasure to work alongside Ralph on
successful projects like the expanded marine, automobile and trades
complex and the health and sciences building at the Nanaimo
campus.
I want to congratulate Dr. Nilson for all that he’s accomplished
at VIU and wish him the very best in retirement. I know I’m going to
miss his storytelling. He has such an incredible memory for personal
details, and of course, his personal delivery of my Christmas wreath
along with his homemade plum jam over the holidays will certainly be
missed.
I also want to give a warm welcome to the new chancellor and
president, Dr. Deborah Saucier, who I look forward to working
with.
Oral Questions
VISA REFERENCE LETTERS BY
CITIZENS’ SERVICES
MINISTER
S. Bond: On October 23 and again on December 18, 2018, the Minister of
Citizens’ Services used her position as a member of the executive
council to write sponsorship letters for ten Pakistani citizens.
According to the whistle-blower: “In my questioning of the minister, she
admitted that she did not know these individuals personally but vouched
for them regardless.”
Can the minister confirm again today that she did not personally
know the individuals she vouched for?
Hon. J. Sims: I take my job as a representative very seriously. I’m a minister,
and I’m an MLA, and when I’m in my riding I meet with
constituents.
A number of letters were sent out with my electronic signature,
and I did not see the final draft. I take responsibility for what
happened. When I became aware of the issue, I immediately had a serious
conversation with the staff to ensure that it would not happen
again.
While the opposition continues to focus on gotcha politics, I’m
focused on our government’s important work to make life better for
people in our province.
The letter was written on the Legislature letterhead and had the
Legislature signature on it.
Mr. Speaker: The member for Prince George–Valemount on a
supplemental.
S. Bond: That is an absolutely unbelievable and irresponsible answer from
this minister. This is a very, very serious allegation.
We have seen six letters where the minister used her ministerial
title to sponsor individuals who turned out to be on a security watch
list. In the letter, she describes all ten individuals as friends and
even claims that she plans to host them, both in Victoria and on the
Lower Mainland. Her personal relationship with these ten individuals is
clearly laid out.
How does the minister explain the contradiction between the letter
and what she admitted yesterday?
[2:10 p.m.]
Hon. J. Sims: I’m so disappointed to see the opposition spreading unfounded
accusations — not only that but also spreading people’s private personal
information all over the Internet.
I take my job as an elected official in my riding very, very
seriously. As MLAs, we get all sorts of requests from members of the
public. A number of letters were sent out.
Interjections.
Mr. Speaker: Members.
The member for Prince George–Valemount on a second
supplemental.
S. Bond: Well, the last time I checked, the job of the opposition is to
bring these issues to the Legislature and hold ministers of the Crown
accountable. The minister may be disappointed, but what she should do is
recognize that we have seen not one, not two, not five but six letters
that this minister signed, that were signed in this minister’s
name.
reference letters for visa applicants. The minister should well know
this. She was a former MP and, believe it or not, had critic
responsibilities for immigration, of all things.
In fact, when the whistle-blower raised the concerns with the
minister, the minister said to her: “I know what I’m doing. I had the
immigration file.” The guidelines require documentation of the
relationship to the person seeking a visa and that “you must tell the
truth and write the letter in good faith.”
Why did the minister misrepresent her relationship with these
applicants and write letters in bad faith on behalf of individuals she
did not know?
Hon. J. Sims: My colleagues across the way know that this was a challenging HR
matter involving a former employee who was employed for six weeks. I do
take my job seriously, and I try to do my very best for my constituents,
which is our job.
I take responsibility for what happened. I do take responsibility
for the fact that those letters were sent. I also take responsibility
for the fact that I sat my staff down and had a serious conversation
with them to ensure that those kinds of mistakes would not be made
again. That was done, and that is what happened.
J. Johal: You know, I’ve heard about throwing your staff under the bus, but
this minister keeps reversing and keeps doing it over and over. It’s
ridiculous — wow. Wow.
Here are the facts. This minister wrote six letters and spent
months trying to use her position as a minister of the Crown to expedite
these visa applications. Three of the individuals that she personally
vouched for and falsely described as friends were on a security watch
list. The only reason we know this is because of a whistle-blower who
raised concerns and was promptly fired.
Can the minister explain her appalling lack of
judgment?
Hon. J. Sims: As an MLA, when I’m in my constituency, I meet with constituents.
I advocate for them, and yes, I do write letters to support — I don’t
sponsor — visa applications. I explain to them; “This is a federal
matter. Go to your MP.” We give them the phone number. We give them the
address for the MP. They go there.
When they ask us for a letter…. I did write those letters. As I
have said before, I take responsibility for those letters. Once I became
aware of the full content of them, I made sure that I had a conversation
with my staff to make sure that that did not happen again.
Interjections.
Mr. Speaker: Members.
Hon. J. Sims: As I said before, I advocate for members. I do the work that other
MLAs do in writing letters to support.
Mr. Speaker: The member for Richmond-Queensborough on a
supplemental.
[2:15 p.m.]
J. Johal: This was clearly a high-priority political file for the minister,
who spent five months attempting to expedite these visa
applications.
Three initial letters were sent on October 23, 2018. Three more
letters were sent on December 18, 2018. On February 6, 2019, the
minister told her staff: “Drop everything, and deal with this.” She
approved these bad-faith letters and vouched for individuals she doesn’t
even know on behalf of her political supporters.
This just wreaks old-school political cronyism. How does the
minister explain her inexcusable actions?
Hon. J. Sims: You know, for my colleagues on the other side to talk about
cronyism is really, really rich. And let me say that I take….
Interjections.
Mr. Speaker: Members, the minister has the floor.
Hon. J. Sims: When I’m in my riding and I meet with constituents, I listen to
their concerns. When a constituent came and asked me for a supporting
letter, I wrote one. It was done. It went out under my electronic
signature.
And let me assure you that the first letter went out, but it never
got used because the people did not apply. They asked for…. The
constituent who sponsored asked for the letter again with a different
date on it. That letter was given, and the new employee….
Interjections.
Mr. Speaker: Members, if we may hear the response, please. Thank
you.
Hon. J. Sims: The ex-employee…. The only thing she was asked to do was to phone
the MP’s office, which is normal practice, to find out where these visas
were in progress. Once she brought the information back, we pulled back
and said: “Do not pursue any further.”
SOIL DISPOSAL SITE
IN SHAWNIGAN LAKE
WATERSHED
S. Furstenau: There have been at least three iterations of a closure plan for
the contaminated landfill in the Shawnigan drinking watershed — two in
2017 and one just a few months ago. The company that was hired to
complete the original and updated closure plans, however, has not been
paid for their work.
So what to do? Well, it seems that there’s a convenient change to
the most recent closure plan. Now the plan is to import an additional
70,000 tonnes of soil to the site in order to generate the revenue to
pay the company that provided the design for the closure
plans.
To be clear, there is no need for this additional soil as there is
currently 100,000 tonnes of soil that our community was repeatedly and
explicitly told was intended for remediation of this site, and also to
be clear, our community will not rest until the contaminated soil has
been removed. Essentially, it seems to appear that we have a situation
where a company has devised a new closure plan so that they can
eventually get paid.
My question is to the Minister of Environment. Does the minister
see a conflict of interest in this situation?
Hon. G. Heyman: Thank you to the House Leader of the Third Party for again raising
this issue on behalf of her constituents.
We understand, on this side of the House, how important safety of
drinking water is and assurance that drinking water and their
environment will continue to be safe are to people all over British
Columbia. And we understand that as a result of the decision that was
made a number of years ago to dump the soil in this area, there has been
ongoing stress on the residents of the area.
To the question that the member raises, we have met with her as
well as with residents of the area on a number of occasions to go over
information they’ve brought forward, information that we have had. When
we’ve had inspection reports and other studies, they have been posted in
the interest of transparency.
The closure plans to which the member refers have been posted for
public comment. I’m aware of the member’s concerns and the community’s
concerns about the qualified professional in question, and that’s
precisely why we also retained and continue to retain another qualified
professional, completely independent, to review all of the plans and are
proceeding to evaluate all the information that has come
forward.
[2:20 p.m.]
Mr. Speaker: House Leader, Third Party, on a supplemental.
S. Furstenau: It is getting complicated to keep track of all the qualified
professionals and which ones weren’t paid at which time, but I’ll help
the minister a little bit more on this.
In his 2017 decision, B.C. Supreme Court Justice Sewell said that
the conflict of interest at the centre of the case, the secret
profit-sharing deal between the landfill owners and the original
engineers “struck at the heart of the Environmental Management Act” and
that the withholding of information about Active Earth’s equity position
“brought the integrity of the approval process and appeal into
question.”
One of those qualified professionals continues to provide
information on this site, but now we’ve got the new qualified
professionals. Consultants like Active Earth are hired to provide expert
advice. The recommendations they put forward are supposed to be based on
the best available evidence and their expertise. They are not supposed
to give advice that benefits them financially. That is a conflict of
interest.
I would suggest that the current landfill closure plan in front of
the minister contains a similar conflict. The closure plan proposes to
import tens of thousands of tonnes more soil to this site for what
appears to be no good reason except to generate income to pay for the
landfill closure fees.
My question is, again, for the Minister of Environment. I know he
still needs to make a decision, but in light of this, how can the third
iteration of a closure plan even be considered by his
ministry?
Hon. G. Heyman: Thank you, again, to the member. She’s quite correct. Ultimately,
I will have to make a decision on the closure plan based on information
brought to me by ministry staff who’ve been working on this issue, as
she knows, diligently for a long period of time.
In my role as minister, I wanted to be assured that all due
diligence is done — that if there’s any question of conflicts, we retain
completely independent, qualified professionals to review the work that
went into the closure plan so that we can be assured that whatever
information forms the basis of our decision is science-based, that it’s
based on the best evidence, that it’s independently reviewed and that
it’s consistent with the acts under which we must make our
decisions.
The member also knows that this government took actions with the
Professional Governance Act to deal very strongly with the questions of
conflict of interest that hung over the activities of this company and
this permit for a number of years. We believe that this act will close
loopholes in the future, and we’re taking measures today to ensure that
people can be reassured that all information is independently
reviewed.
VISA REFERENCE LETTERS BY
CITIZENS’ SERVICES MINISTER
AND
POLITICAL FUNDRAISING ISSUES
P. Milobar: It’s very interesting today. The Minister of Citizens’ Services’
first answer was that staff wrote the letters, and her last three
answers have been that the minister wrote the letters.
Let’s take a look, again, at what happened last year. Last year in
October and again in December, the Minister of Citizens’ Services wrote
sponsorship letters for ten Pakistani citizens. Yesterday she told the
media: “I know the people who are sponsoring them.” The minister is the
only name in the sponsoring letters listed as a sponsor, but apparently,
there were other people pulling the strings.
Can the minister confirm that the people she referred to as
sponsors were Rabina Sattar, her fundraising chair, and Kulwant Dhesi, a
well-known NDP political supporter?
Hon. J. Sims: As I said previously, when we are MLAs, we have all kinds of
duties and responsibilities when we’re back in our offices. A number of
letters were sent out with my electronic signature and without me seeing
the final content. I take full responsibility for that happening, and I
have taken measures to make sure that my staff is fully
aware.
I am disappointed. I am disappointed that the opposition is
spreading unfounded accusations. Not only that, they are spreading
people’s private and personal information all over the
Internet.
Mr. Speaker: The member for Kamloops–North Thompson on a
supplemental.
P. Milobar: Rabina Sattar is the minister’s fundraising chair, who claimed
donations would be made for these letters in the allegations from the
whistle-blower.
[2:25 p.m.]
I have here an email chain between the minister and Rabina dated
October 29, 2018. Attached to the email are three sponsorship letters.
Rabina’s business partner is Kulwant Dhesi, the same individual who has
donated over $14,000 to the NDP and who hosted the infamous O.K. Corral
cash-from-convict event at his private residence with Maninder Gill and
Jawahar Padda.
Why do this minister’s fundraising chair and political supporters
have any role in facilitating immigration issues?
Hon. J. Sims: Let me say very, very clearly that Ms. Sattar is a constituent of
mine, and she has the same rights as anybody else to come into my
constituency office and ask for guidance or support. Let me also tell
the members across the way that Ms. Sattar has not donated a penny,
either directly or indirectly, to me.
J. Thornthwaite: Let’s make this perfectly clear. The individuals behind the
minister’s falsified visa letters were Rabina Sattar, the minister’s
fundraising chair, and Kulwant Dhesi, a prominent political supporter of
the NDP. According to the whistle-blower: “The minister stated to me
that the visa issue had to be fixed, as these were very important people
to her campaign.”
My question to the minister: does the minister think that this is
an appropriate behaviour for a minister of the Crown?
Hon. J. Sims: Once again, it is outrageous that the opposition keeps repeating
unsubstantiated allegations that result from…
Interjections.
Mr. Speaker: Members.
Hon. J. Sims: …an employee who is no longer in my employment, an employee who
was there for six weeks. Let me say that I take my job very, very
seriously. I take no money, and I do no political or other favours when
I’m doing my work as a minister or as an MLA. That is my job.
Mr. Speaker: The member for North Vancouver–Seymour on a
supplemental.
J. Thornthwaite: The minister wrote six letters trying to expedite visa
applications. She misrepresented her relationship with these people,
three of whom turned out to be on a security watch list. And she did all
of this on behalf of her political donors. That is
disgraceful.
I’ll ask the minister once again: does she feel this is an
appropriate behaviour for someone on the executive council for the
province of British Columbia?
Hon. J. Sims: I am a member of the cabinet, of the executive council. I am an
MLA. When I’m an MLA and I’m back in my riding, I meet with
constituents. They come to me to ask for letters of support for this,
for guidance to deal with, sometimes, their issues with health care.
They come to us for a variety of reasons.
I deal with people who walk through that door in the same way,
whether they have donated to me, voted for me or not voted for me. This
issue is about providing service to constituents, and I think that it
is…. I want to stress that I will never, ever apologize for working with
constituents to get them the best services.
[2:30 p.m.]
GOVERNMENT RESPONSE TO ALLEGATIONS
REGARDING CITIZENS’
SERVICES MINISTER
J. Tegart: Kate Gillie attempted to blow the whistle on the wrongdoings she
observed in the minister’s office and brought her concerns to the NDP
executive director, Roseanne Moran, on February 15. One week later, she
was fired. On March 4, she wrote to the Premier’s office, again
outlining her serious concerns.
What steps did the government take to investigate these serious
allegations they have known about for over two months?
Hon. J. Sims: I’m really happy to be able to get up to clarify and answer this
question.
This individual was hired as a constituency assistant. My
colleagues across the way, because they did sit on this side for 16 long
years, know that as a constituency assistant, she is not an employee for
government.
The matter was raised in the March 4 letter. If my colleagues had
read the letter from the lawyer, the employee says that her last day at
work was on the 22nd of February.
Interjections.
Mr. Speaker: Members.
Hon. J. Sims: The letter dated March 4 relates to her six-week employment as a
constituency assistant. When the March letter was received by the chief
of staff to the Premier, he met with the executive director of caucus,
which is the appropriate thing to do. The allegations….
Interjections.
Mr. Speaker: Members. Members, please allow the minister to respond.
Hon. J. Sims: The allegations were reviewed, and there was no evidence to
support them. The matter was dealt with by caucus, as she was not a
government employee. This is an HR matter, and the members across the
way know it to be, but they are confusing the issue.
Mr. Speaker: The member for Fraser-Nicola on a supplemental.
J. Tegart: Well, let me provide some clarity. The whistle-blower attempted
numerous times to raise what are extremely serious concerns. But instead
of investigating these serious allegations, she was fired, and the
concerns were simply covered up.
The Premier has been aware of these serious allegations since
March 4. What steps did he take?
Hon. J. Sims: I keep believing I am communicating clearly, but let me do it one
more time. This was a constituency assistant. Constituency assistants
are not government employees, and the constituency assistant’s last day
at work, according to her own information, was on February
She wrote a letter on the fourth of March, after having worked for
me for six weeks. When the letter was received, the chief of staff to
the Premier met with the executive director of caucus, because it’s the
executive director of caucus who deals with constituency staff. The
allegations were reviewed, and there was no evidence to support them.
The matter was dealt with by caucus because that is the right place for
it to be dealt with. This is an HR matter, and my colleagues across the
way know it to be.
VISA REFERENCE LETTERS BY
CITIZENS’ SERVICES MINISTER
AND
POLITICAL FUNDRAISING ISSUES
M. Polak: It’s not just an HR matter. It is also a matter of confidence and
whether or not people can have confidence in this minister in terms of
fulfilling her role.
We know from the email chain that’s been mentioned that Ms.
Sattar, as the fundraising chair, also played a role in coordinating the
visa sponsorship letters. That’s questionable, certainly. But now we
also know from a further letter — this one that was directed to
Elections B.C. — that Ms. Sattar was also involved, quite actively, at
the constituency office and with constituency staff in developing what I
can only describe as rather questionable fundraising practices involving
an awful lot of crossover between the riding association and the
constituency office.
[2:35 p.m.]
I’ll read in part from this, that this included a fundraiser
organized by Rabina Sattar “to get the Chinese money.” It is described
in the allegations as a cash-for-access event. That’s consistent with
activities that we’ve known the minister to be a part of in the past and
that she’s apologized for. Certainly, there are more and more questions
every day to be answered.
I need — we all need — to hear from the minister how on earth she
can justify that kind of behaviour between her riding association and
constituency office.
Hon. J. Sims: Let me state that I help people because it’s my job as a
representative. I’m an MLA. I do not take money for it. I’m offended
that the opposition would spread these unfounded accusations, especially
given their record of taking massive corporate donations
themselves.
Our government banned big money and brought in the strictest
political financing rules in Canada. And no such fundraising event was
held or planned that my colleagues across the way talked
about.
Mr. Speaker: The House Leader for the official opposition on a
supplemental.
M. Polak: Well, unfortunately for the minister…. I won’t hold it up, because
we’re not allowed to have props, but here on my desk, I have the program
for the evening. In addition to that, we also have screen grabs of
communication about it. So there was, indeed, an event being
planned.
One more day, one more series of questions that need to be
answered. The minister already has a history of breaking the rules. She
has apologized for her fundraising behaviour in the past. She has
apologized for breaking FOI rules in the past.
Now, we know that not only is this about an abuse of FOI but also
that we have to wonder if the Premier can continue to have confidence in
this minister. The Premier, last time, expressed profound disappointment
himself.
I have to ask the minister. Is there any reason she thinks that
the Premier should still have confidence in her as a
minister?
Hon. J. Sims: Outrageous innuendos, implying things that are happening. I know
the rules around fundraising. I know the difference between constituency
and riding. Let me assure you that my focus is on providing the very
best service for British Columbians. I do the work as a representative.
I do not take money for that.
[End of question period.]
Petitions
S. Sullivan: I would like to table a petition of over 400 names out of 24,000
people very concerned about surtaxes on property. The petition is organized
by a group called STEP UP and titled “Say no to new provincial
surtaxes.”
S. Furstenau: I seek leave to make an introduction.
Leave granted.
Introductions by Members
S. Furstenau: In addition to the Concerned Citizens of Quesnel Lake, who I
introduced before question period, Matthew Nefstead, the lawyer, is with the
group as well.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call committee stage debate on Bill 31, Police
Amendment Act. In Committee A, Douglas Fir Room, I call continued committee
stage debate on Bill M209, Business Corporations Amendment Act (No. 2), and in
the Committee C, the Birch Room, I call continued debate on the estimates for
the Ministry of Health.
[2:40 p.m.]
Committee of the Whole House
BILL 31 — POLICE AMENDMENT ACT, 2019
The House in Committee of the Whole (Section
B) on Bill 31;
J. Isaacs in the chair.
The committee met at 2:44 p.m.
Hon. D. Eby: Hon. Chair, we’re ready to go here. I have staff here, and we’re
ready to hear the member’s questions.
Section 1 approved.
section 2.
M. Morris: I’ve provided an amendment here.
SECTION 2, by deleting the text shown as struck
out:
Section 38.06 (3) is repealed and the following
substituted:
(3) The chief civilian director may not appoint a person
under subsection (2) if the person
(
a) is currently a member of a police force or law
enforcement agency outside British Columbia,
(
b) is currently a member of the Royal Canadian Mounted
Police, or
(
c) was a member of a police force in British
Columbia at any time during the 5-year period immediately preceding
the appointment. ]
On the amendment.
M. Morris: Basically, I’ll just sum it up. It’s eliminating
section 2 of the
bill, where it reverts back to the original state after a two-year
period of time.
[2:45 p.m.]
I just want to just explain my concerns around this particular
part of the bill. I honour the fact that the intention of the IIO is to
become fully civilianized and be a fully civilianized organization that
provides these kinds of investigations and this kind of support for the
public. I think that’s important. The optics are important. The public
deserves to know that there’s a fresh set of eyes that are independent
of a police department that sit on an investigative body like
this.
I look at a couple of different sections in the existing statute.
The issue that I have…. It was made clear during the process, when we
had the committee looking into the IIO a couple of years ago, that
perhaps led to these amendments — concern from police organizations, for
sure — that the expertise in the IIO was missing. When we consider the
fact that we have a member’s livelihood at stake when they become a
subject member under this statute and the IIO is looking into one of
these incidents…. Unfortunately, somebody has lost their life or
somebody has been seriously hurt, perhaps. But the implicated member —
his or her livelihood is at stake.
The stress that’s involved by the extended and protracted
investigations done by this particular unit, the stress caused not only
to the member himself or herself, but the added stress on the family
because they don’t know what really is going to happen at the end of the
day as well…. I think it needs to be taken into consideration here.
That’s one of the things that we looked at on the committee
itself.
Part of the recommendation…. I’ll go back to the report that we
put in, back on February 23, 2015. I’ll quote from the recommendations
that the committee made at that time. “In exceptional cases, the chief
civilian director have the discretion to appoint investigators who were
former police or law enforcement members in other jurisdictions or in
British Columbia within the past five years in order to provide special
expertise to complete effective investigations….” The part that was
added to this particular recommendation to provide that level of
oversight: “And that, in such exceptional cases, the chief civilian
director be required to notify the Ministry of Justice and provide a
justification for the appointment.”
So we know that it’s not going to be done carte blanche. This
particular part of the recommendations was put in there just so that it
wasn’t a free-for-all in appointing members of police forces within that
five-year limitation.
The other part of it that I’m concerned about with the bill in its
existing form without this amendment is that under subsection 38.06(5)
of the Police Act, it says: “The chief civilian director may retain
consultants, experts, specialists and other persons the chief civilian
director considers necessary to enable or assist the chief civilian
director in exercising powers or performing duties of the chief civilian
director under this Act.” So he or she has the authority to appoint
whatever expertise he or she requires to get those investigations
conducted.
If we revert back to the way the act states right now, where you
can’t hire somebody within that five-year period of time, we’re
excluding a lot of expertise that this
section provides the ability to
hire. By excluding those investigators who have been out for less than
five years from the pool of expertise, I think we could be making a
mistake here.
Having been heavily involved in criminal investigations in the
past, it doesn’t take very long for your level of expertise and
information that you have that you make your decisions on to become
dated because things change so quickly. When we look at the amount of
jurisprudence that’s emanating from every court level in the country on
a routine basis that could change in an instant how an investigation is
done, I think that needs to be taken into consideration.
[2:50 p.m.]
The other part of this as well and sort of one of the other
recommendations that was made in the original report that I didn’t see
in this particular bill, which would have provided a level of oversight
as well, was the fact of the recommendation that we had in that same
report: “That the Police Act be amended to require a comprehensive
statutory review of the independent investigations office by a special
committee of the Legislative Assembly at least once every six
years.”
Again, that would have been another level of oversight. It should
eliminate the fact that this arbitrary two-year period be placed in this
particular act. So the amendment that I’ve put forward is basically
eliminating
section 2 of this particular bill, Bill 31, striking out
just the numbers on the subsequent sections there and amending the
schedule to eliminate that particular piece in the schedule.
I don’t think an arbitrary time limit of two years does the IIO
any favours. It doesn’t provide the public with the necessary expertise
in the IIO. I know there are some good investigators involved in that. I
know they have training programs involved with the IIO to bring them up
to speed. But this provides that extra ability to go out and find the
technical requirements that are necessary for these kinds of
investigations.
I’ve seen these where an investigator will attend the scene and
examine the evidence, seize evidence. Of course, there’s all kinds of
jurisprudence, and there’s direction on how that’s done. But the
investigators also have to be finely trained enough so that when they
get to that line and they realize that something could be criminal in
nature, the entire aspect of that investigation changes — the
requirements for various warnings under the charter, for the collection
of evidence, for treating witnesses and suspects and whatnot. The whole
element changes when you cross that line, and these folks need to have
that level of expertise to understand that.
In order to be accredited and to get to that level of expertise,
having somebody that has recent and extensive criminal investigational
experience work beside them, as an apprentice, for a period of time
until they become fully functional on their own is, I think, something
that should be considered by the minister here. That’s one of the
reasons why I put the amendment forward and would like to see it
stand.
Hon. D. Eby: With respect to the member’s proposed amendment, the effect of the
amendment would be to strip out a key provision of the act, which is the
intention that the IIO become, ultimately, a civilianized body. I
understood from the member’s remarks at second reading that this is
something that he supported in principle, and his issue, as I understand
it, is with the two-year period. He thinks it should be
longer.
Well, actually, with this amendment, it appears that he thinks it
should be forever, that, essentially, the goal of civilianization of the
IIO is not one that is achievable, if this is what his amendment is
aimed at.
Now, I agree with the member. I think it’s certain that the most
qualified criminal investigators in British Columbia are police. They do
these investigations. They have many years of experience doing these
kinds of investigations. There is an exception to that, unfortunately.
There were two….
This act, the IIO, didn’t show up because someone thought: “Let’s
take investigations away from the most obvious qualified investigators.”
It came out of two very high-profile public inquiries. The first was the
Frank Paul inquiry, and the second was the Robert Dziekanski
inquiry.
I agree with the member. The expertise among police in doing
homicide investigations, in doing death investigations — unparalleled.
Yet for some reason, in these two investigations, the investigators
failed to use the videotape of the incidents to form their conclusions —
in both cases. There was videotape of Frank Paul being dragged out of
the VPD cells, yet the investigator’s report said he walked out under
his own power. In the Dziekanski case, there was videotape of what
happened at the airport. The RCMP account of what happened — completely
at odds with that.
[2:55 p.m.]
The reason for that, in my opinion, is that it is very difficult
for police to investigate themselves in these kinds of things. That is
what the record shows from these public inquiries.
With the support, actually, of some very significant people in
police, this agency was established to take the responsibility for these
very serious investigations into a separate body. Broadly, it supported
the idea that these not be police officers that have a history in
British Columbia, who potentially have no other members or have a
relationship with a particular force, but that these be, ideally, people
who don’t have that kind of record in terms of relationships and daily
interactions that can lead to those sorts of problematic
investigations.
That was the idea behind the whole thing. The member wants to take
that out with his amendment. I guess I don’t have to say it, but I will:
I don’t support it. I support the goal of civilianization for the IIO,
but I also recognize, as the member does and as many people do, that the
IIO is not there yet. Civilianization is a work in progress. Ontario has
struggled, as well, with their Special Investigations Unit and critiques
of the investigations that have been done there.
This provision, these amendments as a whole, this package, is
aimed at addressing a difficult issue. One is that the police generally
support this idea of civilianization, as I understand the member does
and as I do. Yet civilianization, in terms of training, major case
management and other pieces, was not put in place when this body was
struck by the previous government. So we’re in a situation where,
unfortunately, we’re really back to, in some ways, the beginning of this
organization again — a rebirth, if you will. Part of that means we have
to bring on additional people that have experience in major case
management and in investigations, just as the member says.
Police are able to do this work. It is a compromise, and the
compromise is for a two-year period. There’ll be a significant number of
people, hopefully, hired during this period that have that experience.
They will continue their careers with the independent investigations
office, and they will continue to provide the support, the mentoring and
the training that the member is talking about. Ultimately, the
independent investigations office is working on civilian training, and
ultimately, there will be, as more and more provinces move to a civilian
model, training across the country and exchange of people who are
civilian investigators very well qualified to do this kind of
work.
There’s just a shortage of people who meet the requirements under
the act right now, so this two-year period is trying to strike the
balance. I don’t support the member’s amendment to give up on
civilianization. I don’t support the suggestion that we go longer than
two years. Two years should give the IIO the time to do the hiring that
they need, to bring in a critical mass of people to support with the
training, with the goal of civilianization.
M. Morris: Just so the minister is clear…. I think we’re on the same page.
They were just talking a little bit about the technical aspects of this.
I’m not supporting that this amendment exist in perpetuity. What I’m
saying is that it should be there to allow the IIO to hire that
expertise, because every once in awhile, there will be a requirement to
hire somebody with a specific skill set from the criminal investigative
side of things that is more modern than perhaps the individuals that are
doing the job already.
Keeping the amendment, under
section 1, as the basis for doing
that I think allows the civilian director to do that, at the end of the
day. If I’m going to be proven wrong in this, and if there’s an abuse of
this particular process, we’re not…. Right now we’re suggesting that the
chief civilian director report to the minister whenever he does hire
somebody within that five-year period of time. But if, at the end of the
day, that other amendment that we were recommending, that another review
be done every six years…. Legislatively, that would catch
that.
That would give that opportunity to ensure that any of the
deficiencies that are found, any of the abuses that we might see in the
process, where individuals are hired where perhaps there were other
qualified people on the civilian side of things to do the job…. They
would have that opportunity.
I’ll just say it one more time — and I hear the minister say he
doesn’t support this: I just think that we are limiting the ability of
the chief civilian director to hire the talent necessary to complete
these technically elegant investigations in a timely fashion, to satisfy
the public but to protect the members that are involved in it
themselves.
[3:00 p.m.]
This is their job; this is their livelihood. This is the rest of
their life that is at stake, based on the quality of the investigators
they have. It’s their families, it’s their mental health, and it’s
everybody that’s attached to that. I’ve seen it. I’ve witnessed this
many, many times. For people that are subject to these kinds of
investigations, it is a load of stress on the family. I think this is
one way to ensure that those investigations are done properly and
quickly, as quickly as possible. It does give the chief civilian
director the opportunity to have these options.
The Chair: Members, the question is the amendment to
section 2 proposed
by the member for Prince George–Mackenzie.
[3:05 p.m.]
Amendment negatived on the following division:
YEAS — 37
Cadieux
Bond
Polak
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Morris
Stilwell
Ross
Oakes
Johal
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Letnick
Thomson
Larson
Foster
NAYS — 44
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Malcolmson
Furstenau
Weaver
Olsen
Glumac
Sections 2 to 4 inclusive approved.
Title approved.
[3:10 p.m.]
Hon. D. Eby: I neglected to introduce the staff assisting me: Sherri Lee, the
director of criminal justice policy, and Sarah Mason, senior policy
analyst in the policy and legislation division. I very much appreciate
their assistance.
I move that the committee rise and report the bill complete
without amendment.
Motion approved.
The committee rose at 3:11 p.m.
The House resumed; Mr. Speaker in the chair.
Report and
Third Reading of Bills
BILL 31 — POLICE AMENDMENT ACT, 2019
Bill 31, Police Amendment Act, 2019, reported complete without
amendment, read a third time and passed.
Hon. D. Eby: I call Committee of the Whole, Bill 17, Environmental Management
Amendment Act, 2019.
[3:15 p.m.]
Committee of the Whole House
BILL 17 — ENVIRONMENTAL MANAGEMENT
AMENDMENT ACT,
The House in Committee of the Whole (Section
B) on Bill 17;
J. Isaacs in the chair.
The committee met at 3:16 p.m.
J. Rustad: Could I request a five-minute recess, please?
The Chair: A five-minute recess has been requested. Granted.
The committee recessed from 3:16 p.m. to 3:18 p.m.
[J. Isaacs in the chair.]
Sections 1 to 29 inclusive approved.
section 30.
[3:20 p.m.]
P. Milobar: Just to be clear, I’m not sure about the member for the Green
Party, but I have no questions on this bill. They were all answered in
the briefing and in second reading. So if you want to do everything as a
block, I have no objections to that.
The Chair: Thank you, Member.
Sections 30 to 49 inclusive approved.
Title approved.
Hon. G. Heyman: I move that the committee rise and report the bill complete
without amendment.
Motion approved.
The committee rose at 3:21 p.m.
The House resumed; Mr. Speaker in the chair.
Report and
Third Reading of Bills
BILL 17 — ENVIRONMENTAL MANAGEMENT
AMENDMENT ACT,
Bill 17, Environmental Management Amendment Act, 2019, reported
complete without amendment, read a third time and passed.
Hon. G. Heyman: Hon. Speaker, I call Committee of the Whole on Bill 30, Labour
Relations Code Amendment Act, 2019.
[3:25 p.m.]
Committee of the Whole House
BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT,
The House in Committee of the Whole (Section
B) on Bill 30;
J. Isaacs in the chair.
The committee met at 3:26 p.m.
section 1.
J. Martin: Thank you, and welcome, Madam Chair, and the minister and the
staff.
section 1, can the minister tell us how lawful consumer
leafleting won’t be used as a stalling tactic to unduly
intimidate?
Hon. H. Bains: To the member: I think, when you’re talking about the changes
here, we are bringing ourselves up to the Supreme Court of Canada’s
decision, which, during the United Food and Commercial Workers Local
1518 v. Kmart Canada , 1999…. The court ruled that consumer
leafleting constitutes an exercise of freedom of expression protected
under the Charter. As the code definition of picketing encompassed
consumer leafleting, it was overly broad and unconstitutional. So the
proposed new definition, designed to meet the constitutional
requirement…. This is to exclude consumer leafleting and to provide
clear guidance to employers, workers and unions on what constitutes
picketing for the purpose of the code.
J. Martin: Can the minister explain why, in this section, there is no
definition of “construction,” as was recommended by the
panel?
[R. Chouhan in the chair.]
Hon. H. Bains: When we sent this report out for further consultation, no
stakeholder asked that the definition should be there. But those who did
said that it was not inclusive enough. It excluded some of the sectors
from construction.
[3:30 p.m.]
The way we are doing it…. We are leaving it out, because
construction has been defined already by the labour relations
jurisprudence over the years. We know that the labour board is the right
place to continue to work on that area, defining what construction is
and what construction is not.
Section 1 approved.
section 2.
J. Martin: Can the minister explain why he’s adding a new provision that he
“must appoint a committee of special advisors to undertake a review of
this Code” every five years, when he can already do this with the
existing provisions in
section 3 of the code? In fact, the minister can
appoint a committee of special advisers that could provide him with an
evaluation every 12 months if he chose. In other words, there’s nothing
preventing the minister from properly utilizing the review process as
is.
Hon. H. Bains: First of all, that was the recommendation of the panel. And the
reason is, Member, that just because the language was there for 27
years…. No review took place. I think the panel felt — because of the
changing nature of work these days, how work is changing so fast — that
there should be, at least every five years, a review to reflect the
changing nature of the world, of workplaces.
The needs of the workers change. The needs of the employers
change. We see the economy changing. So I think they are saying that we
should be doing at least five years, rather than leave it like what
happened for 27 years, where nothing was reviewed.
Section 2 approved.
section 3.
J. Martin: Thank you for the previous response from the minister.
section 3, why is the provision in
section 6(1), which provides
for the right of a person to communicate on any matter — which I note is
being amended in the next
section of this amendment bill — being
removed?
It appears that through the earlier amendments that provide for
“lawful consumer” and the amendment here that removes the right of a
person to communicate on any matter, the government is actually
broadening a union’s ability to communicate, while simultaneously
limiting an employer’s ability to communicate.
Hon. H. Bains: I think the panel was very clear. The panel heard from all
stakeholders. I think almost everyone agreed that the decision to join a
union or not to join a union should be solely of the worker and that no
one should be influencing that decision or stop them as far as joining a
union, by coercion, by intimidation.
The language that in 6(1) was there…. That would allow, somehow,
when you read that along with
section 8, the next one…. The first one
says: “Except as otherwise provided in
section 8, an employer or a
person acting on behalf of an employer must not participate in or
interfere with the formation, selection or administration of a trade
union….”
[3:35 p.m.]
So when they recommended that the language that was there was too
broad…. That allowed an employer to engage in anti-union activities and
approach, and that caused a lot of problems for both sides. There were
all kinds of unfair labour practices as a result of that, so they are
making it much, much clearer, with language that used to be there before
2002. They are saying that the workers’ right to join a union should not
be impeded by someone trying to coerce them or intimidate
them.
The previous language was quite vague. It allowed that to happen,
so they are tightening the language. That gives the opportunity to the
worker to make their own decisions rather than being influenced by
anybody else.
Section 3 approved.
section 4.
J. Martin: This is fairly detailed, what I’m going to ask, so please bear
with me on
section 4.
In lieu of an employer being able to provide information, it would
default to the board. How does the minister expect the board to provide
information in a timely manner to an employee looking for a quick
response, especially if the time frame for representation votes is being
reduced from ten to five business days?
Is replacing the employer with the board an equitable substitute?
That would now require a person to call the board, likely after they’ve
left work, likely having to leave a message for someone on the board to
return their call and then, hopefully, being able to take the return
call, either when they’re at home or if it’s on their mobile, this being
a convenient time and, ideally, in a private setting so the person can
engage in a conversation.
It would seem far more likely that a person would pop in after
work to ask a question of their employer and be on their way than go
through this call-to-the-board process.
Hon. H. Bains: I think when the panel was hearing and taking presentations from
all different sides, they actually wrote, on their page 8, to address
exactly what the member is asking. I’m going to quote that, and I hope
that that will help the member. They said:
“We agree informed employee choice is important, and we understand
an employer’s interest in responding to employees’ questions about the
certification process. However, the interests of employers and employees
are distinct and not aligned. It is difficult for employers to provide
objective, neutral information that best assists the exercise of
employee choice. The board is a neutral body and, therefore, is better
able to provide that information. To fulfil that role, the board will
have to update its existing information guidelines and website, provide
information in different languages and have more information officers
available.”
I think that’s what they recognized.
Also, Member, you know that freedom of speech does not actually
work here if an employee wishes to join a union and there is no such
opportunity for employees to have that debate without consequences.
Those who would openly talk about a union, they know, and it’s
recognized in the history, that those employees end up losing their
jobs, in most cases.
[3:40 p.m.]
I’m suggesting — and I agree with the panel’s report and their
research — that the interests of employers and employees are distinct
and different. Therefore, an employee cannot rely on information
provided by the employer.
The labour board is neutral, and that’s where you will get
objective information without any slant, one way or the
other.
Section 4 approved.
section 5.
J. Martin: On
section 5. With the addition of subsection (4.1) to
section 14
of the code, why have sections 10, “Internal union affairs,” 11,
“Requirement to bargain in good faith,” and 12, “Duty of fair
representation,” been removed as prohibited acts when a board is
considering certifying a trade union despite a failed representation
vote?
Hon. H. Bains: Member, this
section talks about, as was recommended by the panel,
that if an employer violates those sections and they’re found to have
violated, then there is a remedial certification that applies there. A
board may give them a remedial certification.
What sections 10, 11 and 12 talk about…. They’re talking about
something different. That doesn’t apply to this
section here. Sections
10, 11 and 12 talk about internal union matters — fair representation
and internal union matters. Those are dealt with somewhere else. The
board may rule…. If the union is contravening those sections, then the
board will make a decision accordingly and deal with those issues at
that time.
Section 5 approved.
section 6.
[3:45 p.m.]
J. Martin: Why has the government opted, once again, to deviate from the
panel’s recommendation to provide different rating provisions for the
construction sector compared to all other sectors?
Hon. H. Bains: This was very clear. I think right now, if you look at it in
construction, the raiding is allowed every year. But the panel heard
from stakeholders. They came back with a recommendation in one area.
They came back with a recommendation that it should be the third year.
If the collective agreement is three years, then it’s on the third year.
If it’s longer than three years, then the third year and every year
thereafter.
When we sent this for further consultation, we heard from the
stakeholders that most construction projects last two years or three
years. So if you put that provision in there that you could only raid in
the third year, and the employees choose to change unions, it’s about
employees. It’s about workers. It’s not about anybody else.
If the worker chooses to change their union and their
certification, then they will not have that opportunity in construction,
because most of those contracts are two years or three years. Most of
those projects are two years or three years. Compared to all other…. You
know, if you have a manufacturing facility, that is there forever. So
every third year, for the stability, makes sense — the third year and
every year after that. So for that reason, we are keeping it.
After further consultation, we’re saying that in construction, an
employee can change their union every year. But they also came back that
it should be in July and August. Now, the current language is the
seventh and eighth month of the collective agreement. The seventh and
eighth month could be in July and August. The seventh or eighth — the
collective agreement — could be in January or February, when hardly
anybody is working in construction.
Again, it’s the uniqueness of the construction industry. It is
recognized not only here but across all jurisdictions in Canada. There
are different provisions for construction in different places, so that’s
why we’re suggesting that we keep July and August, because a majority of
the workers should have the right to decide their representation vote.
So July and August are kept, but for construction, because of
uniqueness, because of the short period of their projects, we’re saying
that for that particular industry, the opportunity to change their union
every year makes sense.
J. Martin: I appreciate the response, Minister.
The Labour Relations Code Review Panel remarked: “…raids are
divisive and disruptive to employers, unions and employees.” Hearing
considerable support from unions and employers to reduce the frequency
of raid, the panel recommended to reduce the frequency of the open
period for the raids to the seventh and eighth month of the third year
of the last year of the collective agreement, contingent on the length
of the collective agreement. As just stated by the minister, for the
construction sector, to July and August of the third year or the last
year of the collective agreement, depending on the length of that
agreement.
Can the minister explain how he can justify the amendment in this
act allowing the construction unions to be raided in July and August of
each year of their collective agreements? How is that not divisive to
employers, unions and employees?
Hon. H. Bains: There is no doubt that when workers decide to join a union, there
is that debate that goes on. When workers decide to change union and
certification, there is that kind of uncertainty. There’s no doubt about
that.
[3:50 p.m.]
When one union raids on another one, it is very divisive. It can
be very disruptive, no doubt. That’s why we agreed with the panel’s
recommendation everywhere else that if they are in a collective
agreement that is three years long, then only the third year could you
raid. But if it’s longer than three years, then the third year and every
year after, we could do that. But in construction, because of the reason
I’ve given you, most projects are two years or three years long, and
those employees, those workers, then, will never have the opportunity to
change union membership if they wish to.
It is about those workers, and we heard from workers. We heard
from the representations, and that’s why we’re saying the uniqueness of
the construction, because of the short period of projects…. That’s why
we decided that in that sector, every year — which is the case today —
makes sense.
J. Martin: Can the minister cite the other jurisdictions in Canada that have
a more frequent open season for raiding that applies solely to
construction?
Hon. H. Bains: I can tell the member that in other jurisdictions, there are
unique and separate provisions in the labour code. We don’t have that
here. For example, there are other jurisdictions where they have
sectoral bargaining, so they deal with issues differently, and our
industry is, again, different. That’s why, currently, in construction,
raids are allowed every year. So that’s why I’m saying that we decided
that we should keep it, after receiving further consultation — that we
should keep construction a little bit different, but also agreeing with
the panel’s recommendation to have that raid in July and August, when
most of them are working. That’s the difference between other
jurisdictions and us.
J. Martin: Can the minister cite the specific data that was used to base this
decision on to have more frequent open seasons for construction? What
was it based on — what data?
Hon. H. Bains: We listened. This is the input that we received from those people
who work in the industry. Those are the people who understand what goes
on out there on a daily basis.
[3:55 p.m.]
Member, you know that when we put this panel together, they went
around the province. They listened to everyone. They had their input
from industry, from workers, from unions, from academics, from the law
practitioners and all those. And they came back with a recommendation.
When they put that together, their report, we sent it out again for
further consultation so that we get the information and the input from
people who actually work in those industries, all kinds of different
industries that are covered in the labour code.
That’s the input we received: that construction is unique. We all
know construction is unique, different than manufacturing plants. Other
jurisdictions, again, because of the uniqueness, have different
provisions in their labour code. That’s what we considered. We
considered the recommendations and the suggestions from those who live,
work and make their living in construction.
J. Martin: Projects don’t get raided; companies get raided. Companies
typically have ten, 20, maybe 30 projects going on simultaneously. Has
the minister taken into account the degree of instability and problems
that are presented with an annual open season allowing for such frequent
raiding?
Hon. H. Bains: Member, today they can raid every year. So when the
recommendations came — that in construction, a raid could take place in
the third year in a collective agreement that is three years long, and
in every year thereafter, if the collective agreement is longer than
three years — we received the input, and we were advised that this is a
mistake. This is taking the opportunity from those members who wish to
change a union. In construction, they will not have that opportunity —
or very little opportunity, if the projects are only two years long or
three years long.
I think that’s the issue here, and we are trying to address that
issue through consultation and through the input that we received from
those people who work in the industry.
J. Martin: With respect to the projects that come under the community
benefits agreements — where there are no-raid agreements between the
unions, presumably because it would be disruptive — what impact are the
changes to raiding going to have on the major infrastructure projects
that come under the community benefits agreements?
Hon. H. Bains: What unions agree among themselves is up to them. The labour board
has nothing to do with that. If those unions wish to raid each other at
some point, then the labour board will make their decision, based on the
labour code that we are talking about.
[4:00 p.m.]
J. Martin: Hypothetically, could an independent union, or a union that is not
covered under a community benefits agreement, raid during one of those
projects?
Hon. H. Bains: If one union decides to raid another union or the members decide
to change unions, whether there’s a community benefits agreement or not,
they have that opportunity. Then the labour board will have that
application, and they will deal with it according to the law.
G. Kyllo: I propose to introduce an amendment to Bill 30, the Labour
Relations Code Amendment Act, 2019.
The Chair: Proceed.
G. Kyllo: The amendment that I’m moving…. Bill 30, Labour Relations Code
Amendment Act, 2019, is amended as follows:
[SECTION 6, by deleting the text shown as struck out
and adding the underlined text as
shown:
Section 19 is amended
(
a) by repealing subsection
(1) and substituting the following:
(1) Subject to subsection (1.2), if a collective
agreement is in force and is for a term of 3 years or less, a trade
union claiming to have as members in good standing a majority of
employees in a unit appropriate for collective bargaining may apply
to the board to be certified for the unit
(
a) during the seventh and eighth months in the
last year of the term of the collective agreement,
(
b) during the seventh and eighth months in each
subsequent year of any continuation of the collective
agreement.
(1.1) Subject to subsection (1.2), if a collective
agreement is in force and is for a term of more than 3 years, a
trade union claiming to have as members in good standing a majority
of employees in a unit appropriate for collective bargaining may
apply to the board to be certified for the unit
(
a) during the seventh and eighth months in the
third year of the term of the collective agreement,
(
b) during the seventh and eighth months in each
subsequent year of the collective agreement or any continuation of
the collective agreement.
(1.2) If a collective agreement is in force, a
trade union claiming to have as members in good standing a majority
of employees primarily engaged in construction work in a unit
appropriate for collective bargaining may apply to the board to be
certified for the unit during July and August in each year of the
collective agreement or any continuation of the collective
agreement. ,
and
(1) Except in the case of construction,
(
a) if a collective agreement is in force for a term of
3 years or less, a trade union claiming to have as members in good
standing a majority of employees in a unit appropriate for
collective bargaining may apply to the board to be certified for the
unit during the seventh and eighth months of the last year of the
collective agreement, and
(
b) if a collective agreement is in force for a term of
more than 3 years, a trade union claiming to have as members in good
standing a majority of employees in a unit appropriate for
collective bargaining may apply to the board to be certified for the
unit during the seventh and eighth months of the third year of the
agreement and thereafter in the seventh and eighth months in each
year of the collective agreement or any continuation.
(
b) in by repealing
subsection (2) by striking out
“subsection (1)”
and substituting
“subsections (1) to (1.2)”. and
substituting the following:
(2) In the case of construction,
(
a) if a collective agreement is in force for a term of
3 years or less, a trade union claiming to have as members in good
standing a majority of employees in a unit appropriate for
collective bargaining may apply to the board to be certified for the
unit in July and August of the last year of the collective
agreement, and
(
b) if a collective agreement is in force for a term of
more than 3 years, a trade union claiming to have as members in good
standing a majority of employees in a unit appropriate for
collective bargaining may apply to the board to be certified for the
unit in July and August of the third year of the collective
agreement and thereafter in July and August of each year of the
collective agreement or any continuation. ,
and
(
c) by adding the following
subsections:
(3) Despite subsections (1) and (2), an application for
certification may not be made within 22 months of a previous
application under those subsections if the previous application
resulted in a decision by the board on the merits of the
application.
(4) Unless the board consents, a trade union is not
permitted to make an application under this
section during a strike
or lockout. ]
As well, hon. Chair, I have a number of comments I’d like to make
with respect to the amendment.
The Chair: Carry on.
On the amendment.
G. Kyllo: “Change in union representation,” or what’s commonly referred to
as raids, under
section 19, is extremely important. It doesn’t just
affect the construction trade.
[4:05 p.m.]
When we have a look at the need for fairness in treating workers
and having the same ability for workers in order to determine under
which union they may wish to associate, the ability for workers to
change unions is a fundamental democratic right that needs to be
protected. This right needs to be balanced with the principle of
stability, which the minister rightly notes as the primary motivation
for his proposed changes.
The government appointed a review panel that took into
consideration this balance. That panel, with no dissenting opinion, made
a recommendation back to government to move the raiding period — that
period in which workers have the ability to select another union — to
once every three years. The government outright deviated from the
panel’s recommendations in carving out the construction industry, where
they believe it is appropriate to have a raiding period each and every
year.
As my colleague the critic for Labour, the member for Chilliwack,
indicated, it is not the companies that are raided; it’s the workers
themselves. The companies, as the member for Chilliwack indicated, may
have ten, 15 or 20 different projects under construction at any given
time. You look at large companies, like Kiewit or Ledcor. The project is
not what actually gets raided; it is the company and its workers. When
the minister makes the argument with respect to the fact that projects
have a shorter duration, it is not the project which is raided. It’s
actually the company and the representation of those specific workers. I
think that’s a very important point that British Columbians should be
well aware of.
Referring back to the panel’s very language, a verbatim lift from
their report: “Raids are divisive and disruptive to employers, unions
and employees. In the public consultation process, there was
considerable support from unions and employers for reducing the
frequency of the open period for raids to correspond to other Canadian
jurisdictions. The annual open period in B.C. is the exception in
Canada.” These are remarks by the panel that provided recommendations to
government.
Now why would this government see fit to deviate from what every
jurisdiction has in play? Even more pointedly, why would this government
see fit to deviate from the unanimous recommendations of a panel that
they appointed?
The panel’s commentary goes on to say: “The development and
evolution of a productive bargaining relationship requires time. In the
case of a newly certified bargaining unit, the possibility of a raid
immediately after certification is problematic. In our view, the
frequency of open periods in other Canadian jurisdictions provides a
more balanced approach which recognizes the disruptive effects of
raids.” Again, it begs the question: why would this government believe
they know better than every other jurisdiction in Canada? Why would this
government believe that they know better than the expert review panel
that they selected?
There is thick irony in this discussion about employee choice. The
B.C. Federation of Labour unions, including the Building Trades unions,
will speak affirmatively about an employee’s right to choose.
Interestingly, they have all banded together to create what are known as
non-raid pacts. That is to say, if employees are experiencing poor
service with one of the B.C. Federation unions and ask another B.C.
Federation union to represent them, they will say, “No, work within your
existing union,” effectively denying employees a choice.
The only target of this legislation, then, is quite obvious: the
independent unions that do in fact give their members the ability to
choose. The B.C. Fed unions have donated millions of dollars to this
government over the years, and perhaps, this is where we are seeing some
indication of the motivation for this legislation.
Now, consider the impact of this legislation through the lens of
some examples. A school or hospital in B.C. is about to be built by a
contractor who has just recently been certified by a union. The
contractor negotiates a three-year collective agreement with its
signatory union in June of this year. It has a number of projects it is
building in the province. In early July, the incumbent union is
displaced through a raid.
[4:10 p.m.]
The new union applies to the labour board to have the collective
agreement terminated, via
section 27(1). The labour board terminates the
agreement in late July. By the end of October, 90 days later, the
agreement is terminated. The contractor has absolutely no certainty on
costing, the employees do not know what their future holds, and the
union is in a legal strike position. Is this the sort of instability
that government anticipated when they drafted this specific
legislation?
Another example. The first piece of Highway 1 expansion between
Kamloops and the Alberta border has been tendered. This work is subject
to the government’s project labour agreement program, the so-called
community benefits agreement. Now, let’s just assume for a moment that
the work commences this summer. If the workers on this project were to
choose to be represented by another union this July, are we to
understand that the effect of the legislation is that the new union
could apply to the labour board to have that agreement terminated, thus
ending the agreement between the B.C. Infrastructure Benefits Inc., the
Crown corporation, and its group of selected unions, the Allied
Infrastructure and Related Construction Council of B.C., some 90 days
later?
The government went to some lengths to create a monopoly for its
building trades union friends, and now they’re introducing legislation
that could see that entire model crumble, creating huge uncertainty for
the government, the affected employees, the contractors involved, and
likely leading to cost escalation. The NDP’s likely defence of an annual
open season in construction goes like this. Employees working on a
construction project that has a duration of, say, two years would not
get an opportunity to change unions over the course of that project if
open season frequency were to be three years in construction.
Again, keep in mind that the annual open period in B.C. is the
exception in Canada, according to the panel’s own report. And keep in
mind that the panel unanimously recommended an open period every three
years for all sectors, including construction.
Now, let’s be generous and put that aside for a moment. Even if we
were to explore the line of thinking the government is putting forward,
it is extremely difficult to suggest that employees’ freedom to choose
their union has been rightfully denied due to the fact that they might
not be positioned to change unions within that two-year period. This
group of employees would have already voted on an agreement and for
their new union.
Furthermore, a project is not subject to a raid. Rather, all
employees of a company are included in a raid. The vast majority of
construction companies doing work in this province have more than one
project in the province underway at any given time. It is also the rare
exception that a construction company parachutes into a province, does
one project in less than two years and leaves again. That is just not
the norm. This rationale for this proposed legislation is deeply flawed.
It’s being defended on the basis of addressing a problem that doesn’t
exist.
Hon. H. Bains: I ask to have this
section stood down for a period of time. We’ll
continue on with the rest of the sections, because I think we need to
review the amendment.
The Chair: That’s fine. Let’s move to
section
Section 6 is now stood
down, with the proposed amendment. The minister will review it, and
we’ll get back to
section 6 as a proposed amendment.
Now we’ll move to
section
Section 6 stood down.
section 7.
A. Olsen: I’d just like a five-minute recess, if possible,
please.
The Chair: This House will be in recess for five minutes.
The committee recessed from 4:14 p.m. to 4:16 p.m.
[R. Chouhan in the chair.]
J. Martin: Can the minister, in some detail, explain why we are proposing to
move the time period for a representation vote from ten to five business
days?
Hon. H. Bains: The panel was very clear. They are saying that we should bring
ourselves to the other jurisdictions in this particular area. They
believe that this is a time when there is quite a turmoil. When
employees decide to join a union, there’s uncertainty, so it’s felt that
the process should be faster and have a quick end to it. Many other
jurisdictions are five days to seven days, and we’re the only one at ten
days. They decided that that period should be shortened to five business
days. That’s why they recommended it. They were unanimous on this, by
the way. That’s why we accepted those recommendations.
J. Martin: Does the minister have a record — let’s say in the past two years
— of how many representation votes were impacted by improper
interference during the ten-day period, which warrants shortening
it?
Hon. H. Bains: I can tell you that the panel did very thorough research on this
thing. They didn’t talk about the last two years; they took the data
from between 1990 and 2007. They found that 254 unfair labour practices
complaints were filed with the board, of which 197 were against the
employer, 54 against the union and three against an
individual.
[4:20 p.m.]
Of the 197 complaints filed against the employer, 152 were found
to have been wholly or partially meritorious, and over 90 percent of the
complaints and findings of code breaches involved either unlawful
termination or communication during the organizing drive, or a
combination of the two.
They looked at the data. They looked at how disruptive it can be.
And there are examples. I think if you look at and listen to some of the
presentations that they received…. There is a certification process.
They cited an example of a person getting fired three times during the
one certification, despite the fact that the board ruled that that was
against the law, that they should hire him back. They would hire him
back, fire him again. Hire him back, fire him again.
So there are those types, but I’m talking about the extreme cases
here, right? Those are some of the things that happened. I can tell you:
I was an organizer in my life, and I’ve seen that happen.
I think the idea here is that once the employee makes a decision
to join a union of their choice, then that process should be quick,
should be fair and should be without any interference from
anybody.
J. Martin: What consideration has been given to the potential impact this
would have on those rare cases of mail-in votes?
Hon. H. Bains: It’s again keeping with the same principle of having that process
go through in a speedy way so that there is certainty at the end of the
day. They feel that…. Clearly, the report suggested that mail ballot
votes are problematic, contribute to delay and should be only an
exception. There are times when you need mail ballots, so they’re giving
that opportunity, but it should be an exception rather than the
rule.
If both parties agree that the situation warrants mail ballots
because of remoteness and maybe different situations, then the board
will allow that. But I think for most of it, what we’re talking about is
to speed up the system both for the employer and employee and bring that
certainty so that they can move and on continue on with their
business.
J. Martin: Can the minister enlighten me on how these mail-in representation
votes are determined? Does it happen from the union only? An employer
only? Is it the board? How does this actually get determined?
Hon. H. Bains: Again, this is not a choice of either party. I think the language
is very clear: “The representation vote may be conducted by mail only if
(
a) the trade union and the employer agree, or (
b) the board is
satisfied exceptional circumstances exist requiring the vote to be
conducted by mail.”
G. Kyllo: With respect to the numbers that the minister provided with
respect to infractions that were undertaken, is the minister able to
share with us the time period in which those infractions occurred? The
minister referenced a number of infractions that took place, apparently
within the ten-day period. I’m just wondering if the minister can share
with us what percentage of those infractions happened on day 6, 7, 8, 9
or 10, or if there is just an assumption that by shortening the period,
somehow, miraculously, these infractions will go away.
[4:25 p.m.]
Hon. H. Bains: Member, the panel didn’t go: “Day 1 it happened. Day 2 it
happened. Day 10 it happened.” What they found was that it does
happen.
Now the parties know they have ten days. Within those ten days,
they could choose whenever. They could do it the first day, the second
day or the eighth day. They could do that. Now, when you shorten it, you
shorten that period. You shorten that window for them to engage in
unfair labour practices. So that’s what the panel found out. That is
what they’re recommending. It was unanimous.
G. Kyllo: I think, as the minister has indicated, the infractions could
occur during any day. The timing, with respect to when the application
is actually made, is clearly in the hands of the union organizers. It is
not the company that chooses by which date the application is going to
come forward. So we see an imbalance of power here, where the union
organizers that are trying to move forward for unionization have the
power of determining whether they’re going to drop that application on a
Monday or a Tuesday or a Friday, or maybe right at the head or the start
of a large construction project.
There is certainly opportunity that comes with the timing by which
that application is submitted. It is not an application that is
negotiated between the union organizers and the company. So we see
clearly where the union organizers have the privilege and the
opportunity to determine the timing of when that application is
submitted. In order to jam the time frame by which the company has an
opportunity to respond and to communicate with its employees, the
current ten-day period, from the minister’s own admission, has not been
able to identify why a shortened period would actually reduce the number
of infractions.
The infractions may occur over a shorter period of time. But there
is nothing that is stating that by the reducing the period of time by
which the company has an opportunity to engage and to speak to its
workers with respect to the impacts and implications of unionization….
There is nothing that the minister has shared with us that shows that
reducing that time will in any way, shape or form reduce the frequency
or the number of infractions.
When we’re looking for balance, when you have the clear
opportunity, the privilege of the union organizers to determine the date
by which they actually make their application…. I think that by further
restricting the time by which an employer has an opportunity to converse
with their workers and to talk about the implications — maybe positive,
maybe negative….. But by reducing that time, I think further
restrictions reduce the opportunity for employers to engage with their
workers.
Again, if the minister has any data…. The minister did indicate
that he has data to support the decision. Is the minister able to share
with us the frequency by which the infractions occurred, whether they
were predominantly within the first five days or on days 6, 7, 8, 9 and
10?
Hon. H. Bains: Let’s look at what the panel said after listening to stakeholders.
It’s not about the member; it’s not about me. It’s not me, as was done
by the previous government, who sat behind a desk and rewrote the labour
code without any consultation in 2002.
We took a different route. We went around. As a result of that
consultation that the panel took…. They did their own research, looked
at other jurisdictions and came back with the recommendations —
unanimously, I might add. This is what they said: “The shorter time
within which a vote must be taken will be more consistent with other
Canadian jurisdictions, will limit the opportunity for improper employer
interference and will permit sufficient time to arrange the vote.” They
mention which jurisdictions and how many days.
[4:30 p.m.]
Then they went on to say this. The panel stated: “The exercise of
employee choice through certification votes must be protected by
shortening the time frame for votes, ensuring the expeditious and
efficient processing of certification applications and unfair labour
practice complaints, together with expansion of the board’s remedial
authority. If these enhanced measures are not effective, then there will
be a compelling argument for a card check system.”
This is how serious they were — looking at what happens during
those ten days. It is disruptive, no doubt. It is divisive, no doubt.
That’s why they’re saying, “Let’s give them a shorter time to break the
law” — those who have done in the past and those in the future who come
in that situation. And employees will know whether they have a union or
not. The employer will know whether they have a union or not in a short
period of time — expeditiously so that they can get on with their
businesses.
That’s what the panel heard and their own research showed, looking
at other jurisdictions. They suggested this is the right thing to do,
and I’m complying with their recommendation.
I move that the committee rise, report progress and ask leave to
sit again.
Motion approved.
The committee rose at 4:31 p.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was
granted leave to sit again.
Report and
Third Reading of Bills
BILL M209 — BUSINESS CORPORATIONS
AMENDMENT ACT
(N o . 2), 2019
Bill M209, Business Corporations Amendment Act (No. 2), 2019,
reported complete without amendment, read a third time and passed
unanimously on a division. [See Votes and Proceedings .]
[4:35 p.m.]
Hon. M. Farnworth: In this chamber, I call continued committee stage on Bill 30, the
Labour Relations Code Amendment Act, and in the Douglas Fir Room, I call
committee stage on Bill 19, the Energy Statutes Amendment
Act.
[4:40 p.m.]
Committee of the Whole House
BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT, 2019
(continued)
The House in Committee of the Whole (Section
B) on Bill 30;
J. Isaacs in the chair.
The committee met at 4:43 p.m.
The Chair: Calling the committee back to order on Bill 30, Labour
Relations Code Amendment Act, 2019. We can take a five-minute
recess.
The committee recessed from 4:44 p.m. to 4:48 p.m.
[J. Isaacs in the chair.]
section 7 (continued) .
J. Martin: Just one final inquiry on
section 7, if I may. Can the minister
cite the jurisdictions in Canada that have a five business day period
for certification?
Hon. H. Bains: Ontario has five days.
Section 7 approved.
Hon. H. Bains: Madam Chair, I suggest that
section 8 stand down, because the
parties have not had an opportunity to look at this yet. We’ll continue
on, but
section 8 stand down.
[4:50 p.m.]
The Chair: Is it agreed that
section 8 will be stood down?
Section 8 stood down.
section 9.
J. Martin: With respect to the time period changing from ten days to five
business days, there’s also the issue of the representation vote for
revoking of bargaining rights. That’s also being changed from ten to
five days. Can the minister elaborate on what’s behind this?
Hon. H. Bains: Member, it is the same rule when you are applying to acquire
certification. You know, the panel recommended five days, but the same
applies if employees choose to be certified. The application is made
that the vote should take place, just as the certification process,
within five days.
J. Martin: In a similar vein as when we were discussing the similar issue
earlier, is the minister able to, as he did before, give us some
indication of how frequently this has happened in the last two years, or
over the time period — I think 1990 to 2004 — that he used
previously?
Hon. H. Bains: Member, this is about standardizing and creating a balance. They
felt that if the employees decided to join the union, then they made
rules that the ten days should be reduced to five business days. The
same thing if the members decide to decertify. They believe the same
standard should apply. Therefore, the vote will take place within five
business days if the employees apply for decertification.
J. Martin: Is this an anomaly, or is this consistent practice in
Canada?
Hon. H. Bains: I imagine the other jurisdictions have a similar position to
acquire or revoke union membership. The same standard, the same timeline
applies. So if they have five days to apply for certification, there are
five days for decertification. Others may have seven days for
certification, and then I imagine that there will be seven days for
decertification as well.
J. Martin: By extending the period during which an application for revocation
of bargaining rights, following the certification of a union, or a
refusal to cancel the certification by the board — changing it from ten
months to 12 months…. What’s the rationale? Is this the practice in
other jurisdictions?
[4:55 p.m.]
Hon. H. Bains: I think the panel felt, and they listened…. They believe that the
following decertification vote…. The 12 months is a much more reasonable
time for the union and employees to establish that relationship and
bargain with the employer. So that’s why they believe ten months should
be changed to 12 months — to give them a couple extra months.
Section 9 approved.
section 10.
J. Martin: So to
section 10. With the addition of subsection (0.1) to
section
35 of the code…. It allows for prescribed services. Which services,
sectors or industries are being considered for inclusion in this
prescribed list?
Hon. H. Bains: That will be decided. It means it gives the minister an
opportunity in the future if — because of the changing nature of the
work, the changing nature of our economy — the ones that are listed here
above…. If there is an industry or a group of workers who is not covered
by this in the future and they made submissions and the parties felt
that that should also be included in a successorship, that would give us
the power to listen, and we could add through OIC to this
group.
J. Martin: I’m just wondering a little more how this process actually would
take place — other sectors and industries being added to the list. It
could be complaint-driven. It could be consultation-driven. I guess it
could be based on data from the employment standards branch. Maybe it’s
based on breaches of the standards act.
Is this going to cover publicly funded services, or will privately
funded services be included?
Hon. H. Bains: Member, you know the same process will follow as we’ve seen in the
last number of years. There were a number of different
situations.
The health care sector was one area and janitorial was another
area, where you heard, time and again, of situations where workers would
join a union. The new contractor comes in, and then those same workers
provide the same service sometimes using the same equipment, sometimes
providing service to the same people, working at the same place. They
were required to reapply for their jobs many times. Well, not many
times.
[5:00 p.m.]
Their collective agreement was not recognized so they had to
recertify, reapply for their jobs. We heard that time and again. I’m
sure the members on the other side heard those stories as well. That’s
what the panel heard, and the panel recommended that those should be
included for successorship.
The same could apply going forward. The panel actually came back
with this recommendation that we should watch what’s going on out there
because the work is changing. Therefore, when we see there’s an area or
a group of workers…. It’s a developing…. They’re facing the same
situation as the other area that we’re trying to cover here. Then we
would have the power, at that time, through consultation, of course, and
we could make changes and add them for successorship protection as
well.
Section 10 approved.
section 11.
J. Martin: What other jurisdictions have the same proposed 12-month period
during which an employer is not to increase or decrease the pay of an
employee or alter any other term or condition of employment while a new
collective agreement is being bargained?
Hon. H. Bains: I’ll just read this to you:
“All Canadian jurisdictions have statutory freeze provisions with a
range of time frames. Ontario, Canada and Quebec impose a freeze from
the date of an application for certification until strike/lockout or a
first collective agreement has been concluded. In Nova Scotia, a freeze
is imposed from the date notice to commence collective bargaining is
provided until a collective agreement is concluded or seven days
following a report of a conciliation officer. Saskatchewan imposes a
freeze from the date of an application for certification until
collective bargaining has occurred. Alberta and Manitoba impose a freeze
for 90 days following the granting of a certification.”
All the different jurisdictions have all different time frames,
but they all have this position that there should be a freeze on wages
and working conditions following when the certification is granted.
Again, it is to respect the process of certification and free collective
bargaining.
J. Martin: The Labour Relations Code Review Panel cited a 1998 recommendation
that “the freeze period reflect the average amount of time required to
negotiate a first