British Columbia Hansard — Monday, November 5, 2018, p.m., Issue 178 (41st Parliament, 3rd Session) (20181105pm-House-Blues)
20181105pm-House-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, November 5, 2018
Afternoon Sitting
Issue No. 178
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Introduction and First Reading of Bills
Bill 51 — Environmental Assessment Act
Hon. G. Heyman
Bill 52 — Agricultural Land Commission Amendment Act, 2018
Hon. L. Popham
Presentation of Amendments by Message
Proposed Amendment to Bill 45 — Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018
Hon. C. James
Statements (Standing Order 25B)
Film and television industry
B. D’Eith
Sea to Sky community hospice
J. Sturdy
Down syndrome awareness
A. Kang
Pipeline explosion and natural gas supply
L. Throness
Metro Vancouver Crime Stoppers
G. Begg
Film and television industry
J. Thornthwaite
Oral Questions
Trans Mountain pipeline and transport of oil by
rail
T. Stone
Hon. G. Heyman
L. Throness
Biodiversity and protection of species at risk
S. Furstenau
Hon. G. Heyman
Government recordkeeping policies
M. Stilwell
Hon. J. Sims
J. Thornthwaite
P. Milobar
Investigation of government recordkeeping
G. Kyllo
Hon. J. Sims
Tabling Documents
Guarantees and indemnities report, fiscal year ended March 31, 2018
Orders of the Day
Second Reading of Bills
Bill 53 — Recall and Initiative Amendment Act, 2018 (continued)
D. Davies
T. Stone
S. Cadieux
T. Redies
N. Simons
S. Thomson
D. Ashton
G. Kyllo
C. Oakes
Reporting of Bills
Bill 39 — Poverty Reduction Strategy Act
Third Reading of Bills
Bill 39 — Poverty Reduction Strategy Act
Second Reading of Bills
Bill 53 — Recall and Initiative Amendment Act, 2018 (continued)
D. Clovechok
J. Sturdy
M. Bernier
On the amendment
M. Bernier
M. Morris
P. Milobar
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 39 — Poverty Reduction Strategy Act
Hon. S. Simpson
M. Hunt
S. Furstenau
R. Sultan
Bill 44 — Budget Measures Implementation (Employer Health Tax) Act, 2018
Hon. C. James
S. Bond
T. Redies
MONDAY, NOVEMBER 5, 2018
The House met at 1:34 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
Hon. J. Horgan: I have two sets of introductions today. Firstly, I want to welcome
employees from Flight Centre who are in the gallery today. Why it’s so
important that I say thank you to them is that I don’t know how many times
in a day you can change one flight, but I think we’re on a world record.
Tamra Bartilucci, Miriam Cloutier and Kate Smith are here. Would the House
please make them all very, very welcome.
Secondly, it is my great honour to introduce in the gallery three
Indigenous leaders who really don’t need any introduction, but I get the
opportunity to do it anyway. Joining us in the gallery today for the
introduction of legislation is Grand Chief Stewart Phillip, the president of
the Union of B.C. Indian Chiefs; Grand Chief Ed John from the First Nations
Summit; and Regional Chief for the Assembly of First Nations Terry Teegee.
Would the House please make these three distinguished gentlemen very, very
welcome.
[1:35 p.m.]
G. Kyllo: It’s always great to rise in this House and welcome a constituent of
Shuswap. We’re joined today by June deDood, a close friend, strong
supporter. Her and her husband, John, have been in the dairy business for 35
years in the Shuswap and recently opened a new facility, including Farmer
John’s Market. They’ve got robotics to actually milk their dairy cows. A
great agricultural entrepreneur from the Shuswap. Would the House please
make June feel very welcome.
Hon. L. Beare: I have the great pleasure of introducing 16 members from the Motion
Picture Industry Association. Here today we have Peter Leitch, who’s
currently the chair, from the North Shore Studios. We have Rob Simmons from
Canadian Media Producers Association; Phil Klapwyk from IATSE Local 891;
Peter Mitchell from Vancouver Film Studios; Scott Evans from MBS Equipment
Co.; Paul Klassen, the B.C. Council of Film Unions; Gemma Martini from the
Martini Film Studios; Sue Brouse from Union of B.C. Performers; Jackson
Davies, the Union of B.C. Performers; Ellie Harvie, Nitha Karanja and Debbie
Santoro, also of the Union of B.C. Performers. We have Spencer Kent from
Industrial Light and Magic, Zee Salehian from WesternOne, Kevin Gamble from
Titmouse and Rob Larson from the Directors Guild of Canada.
Would the House please join me in making them feel very
welcome.
Hon. J. Darcy: It gives me great pleasure to welcome two special guests to the
Legislature today. They are two sisters. The first is Susie Lar-Son, who has
worked as an addictions counsellor and youth worker in New Westminster and
is now a counsellor at Watari Counselling and Support Services in Vancouver.
She’s here today with her sister Jessica Lar-Son, who is my new constituency
assistant. She has previously worked in Surrey-Panorama and in
Burnaby-Edmonds constituency offices, and is a former student leader from
Kwantlen and from the association of B.C. Students. I’d ask the House to
join me in giving them a very warm welcome today.
I. Paton: I’d like to welcome today to the House a longtime friend of mine, a
gentleman named Jack Bates — pretty much the same vintage as me. We’ve been
hanging out together since we were about eight years old. Jack and his
brothers are farmers in Ladner. They have a dairy farm. They also produce
potatoes and blueberries. Jack is the current president of the B.C.
Blueberry Council, past president of the Canadian Horticultural Council and
past president of the Delta Farmers Institute, so a great farming history in
the Bates family. Please welcome my friend Jack Bates.
E. Foster: I have three guests in House today. As you all know, in this business,
we don’t make it without strong support at home. My wife Janice, of over 34
years, is in the House with us today.
Also joining us today is Peter von Hahn. Peter has the distinction of
being the master distiller at Okanagan Spirits craft distillery, winner of
many, many international awards, a distiller of the finest single malt in
all of Canada. He’ll probably be around a little later, if you want to talk
to him.
My third guest today is a gentleman who’s a constituent of mine. I’ve
got to read off the accolades, because I can’t remember them all. There are
so many. The Leo Club, which is a junior organization representing the
Lion’s Club — he was the charter president there. He was the Leo of the
Year. He was on the district governor’s council. He’s been in 63 Kalamalka
Royal Canadian Sea Cadets; received the Duke of Edinburgh’s Award, presented
by the Lieutenant-Governor; the Lord Strathcona Medal; the Royal Canadian
Legion cadet medal; the Navy League Medal. He sailed on the tall ships, one
of only 50 cadets in Canada to be able to do that. He had a Row of
Distinction service distinction award in his high school. He is on my riding
executive; he’s my membership chair. And what makes this all the more
amazing: my friend Simon Dufresne is only 17 years old.
Would the House please make them welcome.
[1:40 p.m.]
G. Begg: I would like the House today to join me in welcoming Linda Annis and
Steve Elson from the Metro Vancouver Crime Stoppers Association. They’re
both in attendance today. Linda, as it happens, is the newest member of
Surrey city council as well. Crime Stoppers, of course, is very valuable to
policing in this province. This past year they’ve generated over a thousand
tips that helped in the arrest of over 100 people. Would the House please
make both these persons welcome.
Hon. S. Robinson: I have two constituents who are here visiting today from
Coquitlam-Maillardville, James and Fredelle Copeland. These are amazing
constituents who are always there to lend a helping hand whenever needed.
They are visiting Victoria, and they are being hosted by their friend Rick
Lanori from Saanich. They’ve decided to come here and take a look at what
work we do here in the Legislative Assembly and what we do in the chamber,
and I want everyone to make them feel very welcome.
Hon. G. Heyman: It gives me great pleasure to introduce a number of other guests in
the gallery who have come here today to observe. Jaime Sanchez is special
adviser at the B.C. Assembly of First Nations. Andrea Glickman is a policy
director with the Union of B.C. Indian Chiefs. Lisa Matthaus is the
provincial lead for Organizing for Change, a grouping of environmental NGOs.
Jessica Clogg is the executive director of West Coast Environmental Law.
Bruce Fraser was the co-chair of the ministers’ environmental assessment
advisory committee.
It also gives me pleasure to introduce, not all of them by name, 19
staff who work at the environmental assessment office, who have been working
very hard at the project to revitalize our environmental assessment process
and act. They’ve put in long hours of consultation. I won’t name them all,
but special recognition goes to Assistant Deputy Minister Scott Bailey;
executive director Paul Craven; manager Kate Haines; Fern Stockman; Nathan
Braun; Ricardo Toledo; Raluca Brix; Josh Thompson; and of course, the
executive director, Kevin Jardine.
I hope the House will join me in making all of these guests very, very
welcome.
D. Ashton: I would like to follow the Premier in recognizing Grand Chief Stewart
Phillip. I had the incredible honour of being at the city of Penticton at
the regional district when the Grand Chief was the chief of the Penticton
Indian Band. He did an incredible job and does an incredible job in striving
forward for the rights of the people that he represents.
M. Hunt: Every community has their local families that are just the network and
part of the network of every community and part of building it. We certainly
have that in the Surrey-Langley area in the Martini family.
In that long list that the Minister of Tourism introduced is Gemma
Martini from Martini Film Studios, a local family doing local things but
involved in the film industry. We certainly want the House to help make them
welcome.
R. Chouhan: It gives me great pleasure to introduce one of the most hard-working,
passionate and committed CAs in Burnaby-Edmonds, Amber Keane. She’s here
today. Please join me to welcome the most hard-working, passionate CA from
Burnaby-Edmonds, Amber Keane.
Hon. D. Donaldson: It’s going to be a very healthy week for me. I’m going to be running
every day and eating well. That’s because there are two people very dear to
me visiting: my wife, the runner, and my son, training to be a chef. They’re
in the gallery today. Would the members please make them welcome.
Hon. S. Simpson: I’m very pleased with the long list of important and distinguished
people that we’ve introduced today. To add to that list, my wife, Cate
Jones, is with us today. Please help me make Cate welcome.
B. Ma: I’m looking up in the gallery today, and I see Nicolas Bragg has
joined us today. Nicholas served as a constituency assistant in my office
over the summer. I share him generously with the member for Vancouver–Point
Grey and Attorney General as well.
I’d also like to take the opportunity to pre-introduce 33 grade 10
students from St. Thomas Aquinas Secondary School, who will be in the House
shortly. They are here with their teacher, Mr. Jerome Francis.
[1:45 p.m.]
I’d also like to note that Andrea Gilmour and Stephanie Gilmour will
also be in the House today. Their introduction was specifically requested by
their father and grandfather, Mr. John Noonan.
S. Thomson: I’m looking up into the gallery as well and see a former staff person
who worked in my office in the Ministry of Forests, Lands, Natural Resource
Operations, Laura Tennant. She did a wonderful job. I’m sure she’s here to
enjoy question period. It’s probably a little easier for her when she knows
that I might not be the minister up responding today. I’d like the House to
make her welcome.
Introduction and
First Reading of Bills
BILL 51 — ENVIRONMENTAL
ASSESSMENT
ACT
Hon. G. Heyman presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Environmental Assessment
Act.
Hon. G. Heyman: I move that the bill be introduced and read a first time
now.
This bill seeks to repeal the Environmental Assessment Act, 2002,
and replace it with the new Environmental Assessment Act. A new act is
necessary to ensure that the legal rights of First Nations are respected
and that the public’s expectation of a strong, transparent process is
met.
Positive changes identified through extensive Indigenous, industry
and public consultation are reflected in the new act. These are focused
on enhancing public confidence, transparency and meaningful
participation; advancing reconciliation with Indigenous nations,
including supporting the implementation of the United Nations
declaration on the rights of Indigenous peoples in the act through
environmental assessment processes; and protecting the environment while
offering clear and efficient pathways to sustainable project
approvals.
Practically, this will mean a defined purpose for the
environmental assessment office that includes sustainability and
reconciliation; an early engagement phase to ensure community engagement
and identify both areas of concern and issues to be addressed; a clearly
defined process for seeking consensus with participating Indigenous
nations and opportunities for them to provide notification of consent
for minister’s consideration at major decision points throughout the
environment assessment process; a newly established dispute resolution
process; new mandatory public comment periods in support for public
participation; clear criteria for environmental, economic, social,
cultural and health effects, including climate impacts and impacts on
vulnerable populations, which must be addressed in decisions; modernized
compliance and enforcement tools; enhancing the independence of the
process through experts and peer review; and enabling of regional
assessments to address cumulative effects.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
Hon. G. Heyman: I move that this bill be placed on the orders of the day for
second reading at the next sitting of the House after today.
Bill 51, Environmental Assessment Act, introduced, read a first time
and ordered to be placed on orders of the day for second reading at the next
sitting of the House after today.
BILL 52 — AGRICULTURAL LAND
COMMISSION AMENDMENT ACT,
Hon. L. Popham presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Agricultural Land Commission Amendment
Act, 2018.
Hon. L. Popham: I move the Agricultural Land Commission Amendment Act, 2018, be
introduced and read for a first time now.
I am pleased to introduce today a bill that is an important step
to realizing government’s commitment to revitalize the agricultural land
reserve and the Agricultural Land Commission. The amendments contained
in this bill show we have heard, loud and clear, that citizens support a
much stronger approach to protecting and preserving the ALR for
agricultural purposes.
[1:50 p.m.]
This past year an independent advisory committee led an extensive
stakeholder and public engagement process that included nine in-person
stakeholder consultation meetings with local governments, UBCM, farm and
ranch associations and agricultural associations; over 2,300 electronic
surveys; and over 270 letters and emails. This process revealed the
public’s concern over the use of the ALR for development and
non-agricultural purposes, including housing, all of which are
challenging the resilience of both the ALR and the ALC.
Citizens in the farming and ranching community are strongly
supportive of limiting non-farm uses of the ALR to those that do not
permanently damage and degrade the soil and land surface. To this end,
the amendments in this bill will: (1) eliminate the arbitrary two-zone
division of the ALR, ensuring that a consistent set of considerations is
applied to all land in the ALR; (2) introduce new restrictions on
residences in the ALR to stop the proliferation of mega-homes and estate
mansions on prime agricultural land; and (3) require a person to notify
the ALC and receive permission before removing soil or placing fill on
the ALR land so as to reduce the large volumes of illegal fill being
accepted by landowners, which degrades the productivity capacity of the
land.
This bill also creates new offences related to the changes above
and provides a suite of new regulation-making authorities that will be
required to bring the change into effect.
These amendments are necessary to unify the ALR as one zone worthy
of preservation for agriculture and to stop its use as a reserve for
mansions or construction waste.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
Hon. L. Popham: I move that Bill 52 be placed on the orders of the day for second
reading at the next sitting of the House after today.
Bill 52, Agricultural Land Commission Amendment Act, 2018,
introduced, read a first time and ordered to be placed on orders of the day
for second reading at the next sitting of the House after today.
Presentation of Amendments by Message
PROPOSED AMENDMENT TO
BILL 45 — BUDGET MEASURES
IMPLEMENTATION (SPECULATION
AND VACANCY TAX) ACT,
Hon. C. James presented a message from Her Honour the
Lieutenant-Governor: proposed amendment to Bill 45 intituled Budget Measures
Implementation (Speculation and Vacancy Tax) Act, 2018.
Hon. C. James: The amendment to Bill 45 is in response to the amendments that
have been proposed by the Leader of the Third Party to facilitate the
amendments proceeding as required.
This amendment creates a requirement for the Minister of Finance
to conduct an annual consultation with the mayors in affected areas to
review the speculation and vacancy tax.
This amendment directs that revenues raised by the speculation and
vacancy tax will be spent on affordable housing projects in the regions
that the revenues are raised in. And further, this amendment sets the
tax rate for Canadian citizens and permanent residents who reside
outside of British Columbia and who are not members of a satellite
family at 0.5 percent.
Accordingly, I am providing a notice of motion to the table to
refer the message and amendment to the committee of the House in charge
of Bill 45.
Motion approved.
Statements
(Standing Order 25B)
FILM AND TELEVISION INDUSTRY
B. D’Eith: I’m very pleased today to rise to talk about the British Columbia
film and television industry. This industry brings $2.5 billion per year
in production and has over 60,000 well-paying, skilled, knowledge-based,
equitable jobs, and it stimulated over $1 billion in private sector
infrastructure development. It’s the cornerstone of the second-largest
industry in British Columbia, which is the creative economy.
I was very lucky to have worked closely with MPPIA and CMPA
associations in the film industry dealing with the sector while I was
the executive director of Music B.C.
[1:55 p.m.]
Together with other industry partners — the book publishers, the
magazines at DigiBC — we worked together to create what is now called
Creative B.C, and Creative B.C. is working very hard to ensure that our
creative economy thrives in this province.
B.C. is now the third-largest centre for screen production
excellence in North America, after Los Angeles and New York, recently
surpassing Ontario. How about that? I am proud of this amazing screen
production sector, a sector that continues to grow and
diversify.
Some things that we should be really proud of: B.C. is North
America’s largest visual effects cluster, with over 80 animation and
visual effects studios; we boast 32 post-secondary institutions offering
internationally recognized industry education and training; and the B.C.
industry is very green-conscious, with their Reel Green initiative. Some
of the shows include The Flash , Riverdale , Arrow,
The Good Doctor, Supernatural , Supergirl , and the list
goes on.
In addition to the big U.S. television studios, B.C. is now the
go-to location for year-round streaming services such as Netflix, Amazon
Prime and others.
We know how important this industry is to our province, and
we want to see this success continue. We need to continue to support and
nurture the creative industries in this province. I want to thank the
film industry for being here today.
SEA TO SKY COMMUNITY HOSPICE
J. Sturdy: I’d like to acknowledge the outstanding work by the volunteers of
the Sea to Sky Community Hospice society to support the development of
hospice services in serving the entire Sea to Sky region.
In 2016, the province announced operational funding, along with a
capital contribution, for the establishment of hospice beds at Hilltop
House in Squamish.
While most hospice care takes place in the home and some 30
volunteers are active in the corridor, when conditions require more
complex services, patients must currently leave the community for
Vancouver. Volunteers with the Sea to Sky community hospice and the
board of Squamish Hospice Society were elated at the announcement and
the potential to realize a long-held dream.
The projected cost to renovate the unused area in Hilltop House at
Squamish Hospital was $1.7 million, and the community was tasked with
raising $1.3 million. Undaunted, community volunteers stepped forward.
The capital campaign team of Nancy Edwards, Judith Fothergill, Andrea
Galius, Greg Gardner, Hazel Geise, Gloria Healy, Sue Lawther, Wendell
Moore, Marnie Simon and Bill McNeney left no stone unturned. They even
anticipated a cost increase. All together, they were able to put
together an astounding $2.35 million — truly a tremendous community
effort.
Unfortunately, that’s not the whole story. Final bid prices came
in almost $1 million more than VCH’s initial estimates, in part due to
procurement barriers for local and small businesses. Only Vancouver
companies submitted bids. One can only wonder at the potential
cost-savings and opportunity if local contractors had better access to
these opportunities.
As a result, the community must now consider the option of
reducing the scope of the project, even while the need is so great.
Regardless, I think it’s very important to acknowledge the incredible
work done by so many in the Sea to Sky and acknowledge that the goal of
expanded hospice care in Squamish is within reach.
DOWN SYNDROME AWARENESS
A. Kang: November 1 to November 7 is Down Syndrome Awareness Week in
British Columbia. It is estimated that approximately 3,500 men, women
and children in our province have Down syndrome. They are our family,
our friends and our colleagues.
Down Syndrome Awareness Week is our chance to celebrate the
contributions they make to our lives and to our society. Through the
work of partners such as Down Syndrome Research Foundation, people’s
understanding of and attitudes about Down syndrome have been shifting.
However, people with Down syndrome continue to face barriers, including
discrimination, stereotyping and exclusion, which limit everyone from
reaching their full potential.
That is why this week is so important. We want to build a better,
more inclusive B.C., and this week it’s time to focus on what diversity
and inclusion truly means. It means dispelling myths and stereotypes
about people and seeing the ability in everyone.
[2:00 p.m.]
The true strength of our province is in the recognition of each
person’s talents and potential. This is the goal of Community Living
B.C., a Crown corporation which connects individuals with disabilities,
including those with Down syndrome, to the communities, and it provides
support that helps them to fully participate in community
life.
I’d like to thank the people and partners throughout the province
who work every day to destigmatize and to educate people about Down
syndrome. We must all work together — government, non-profits, community
groups, health organizations and families — to ensure that people with
Down syndrome have the opportunities to grow, develop and connect with
their communities. This week, let’s show the world that B.C. is a place
where all people are celebrated and valued. Let us all
#seetheability.
PIPELINE EXPLOSION AND
NATURAL GAS
SUPPLY
L. Throness: On October 9, Fortis suffered an explosion in the largest of its
twin natural gas pipelines near Prince George, leaving a smaller line to
carry the load for 85 percent of our province. Although the rupture has
already been repaired, for technical reasons, the twinned line will not
be up to speed until the spring. Meanwhile, residents are being given
top priority for service. This means that B.C. businesses will be short
of natural gas during the winter by as much as 50 percent.
This is particularly ironic in B.C., which boasts some of the
world’s largest natural gas reserves. The shortage will affect my riding
directly when it comes to greenhouses. Agriculture under glass enables
very intensive production — ten times more than can be produced in the
open fields in the same space. Greenhouses growing vegetables alone
account for $700 million in value every year and support 3,500 jobs in
B.C.
Producers invest millions into every crop, purchasing and growing
plants which take months to mature. All of these plants will die without
warmth, and natural gas is the only viable heating solution at the
moment. Growers throughout the Fraser Valley are rightly worried about
their production. Other natural gas–dependent businesses like pulp and
paper mills are also vulnerable.
I would encourage my constituents, who live in the warmest part of
B.C., to continue to restrain their use of natural gas so that the
health of our local economy will not be jeopardized. However, there is,
in my view, a greater problem of supply, given that one incident on one
line can have such a significant impact on the entire
province.
I urge Fortis and the BCUC to examine the vulnerability of supply
of this basic commodity, which is so key to our economy, human comfort
and safety in a province where winter reigns for much of the year. We
need to build in redundancy, welcome competition and diversify sources
of natural gas to minimize the impact of a future threat to
supply.
METRO VANCOUVER CRIME STOPPERS
G. Begg: Hon. Speaker, 169 arrests, 279 charges, almost $100 million in
property and drugs seized and over 100 guns recovered are very
impressive statistics, in anyone’s estimation.
I speak of the work of Vancouver Crime Stoppers, and all of those
stats are the by-product of over 6,000 tips to Metro Vancouver Crime
Stoppers in 2017. They also processed 680 tips related to suspected gang
activity. Metro Vancouver Crime Stoppers is an independent, non-profit
organization which receives anonymous tip information about criminal
activity and provides it to the police and government investigators in
communities from Powell River to Boston Bar.
In 2016, the province of British Columbia awarded Metro Vancouver
Crime Stoppers with $450,000 in civil forfeiture funding over three
years to support a campaign to raise awareness on the escalation of gun
use and gang activity and to promote their anti-gang and illegal gun
program. The grant was provided for a public outreach campaign to
encourage public reporting of suspected gang or illegal gun activity
through the Crime Stoppers anonymous tip line.
In Canada, a Supreme Court of Canada decision has ruled
unanimously that police do not have to disclose any information they
receive from this internationally recognized crime prevention program.
Their 2018 program will target girlfriends of gang members, highlighting
the consequences of getting caught carrying a boyfriend’s gun. This
campaign will appear on approximately 500 billboards, transit shelters,
restaurants, bars, radio PSAs and posters in select locations, as well
I’m proud and pleased today to promote and salute the work of this
valued organization and their work in keeping our communities and all
British Columbians safer.
[2:05 p.m.]
FILM AND TELEVISION INDUSTRY
J. Thornthwaite: I rise today to speak about British Columbia’s motion picture
industry. This industry is a major job creator and economic driver on
the North Shore, the Lower Mainland and across our province. The film
industry is the fifth-largest sector in our provincial economy and
generates in excess of $2.5 billion for B.C.’s economy and 60,000 jobs,
and that’s not including the spinoff activity of hospitality, tourism
and any other of the hundreds of small to medium-size businesses that
supply the industry here in this province.
There has been over $1 billion in B.C.-based private sector
infrastructure investment, with the industry utilizing more than 2.5
million square feet of stage space, and extensive digital picture and
sound production, visual effects and animation facilities. Today at
lunch, Ellie Harvie from the Union of B.C. Performers talked to me about
Snowpiercer. It employs 60 stunt people alone in a brand-new studio in
Langley. It’s a big budget, with Amazon and Netflix
involvement.
Our province is also home to North America’s largest video effects
clusters, with more than 80 animation and visual effects studios. Rob
Simmons, chair of the Canadian Media Production Association, said today
that B.C. is successful because of our entrepreneurs, our storytelling
and our risk-takers.
Our province has 32 post-secondary institutions that offer
internationally recognized industry education and training, including
Capilano University’s Nat and Flora Bosa Centre for Film and Animation,
right in my riding. There are eight regional film commissions, in
addition to the provincial film commission at Creative B.C.
All of this is making an impact on British Columbia. More than 80
percent of them say that film and television production has become an
important part of the economy of British Columbia, and a like number
would like to see it even bigger.
We truly are Hollywood North. I’d like to thank British Columbia’s
film industry for their huge impact on British Columbia’s
economy.
Oral Questions
TRANS MOUNTAIN PIPELINE AND
TRANSPORT OF OIL BY
RAIL
T. Stone: Over 229,000 barrels of oil are shipped via rail every single day
in Canada. That’s up from just under 93,000 barrels of oil shipped every
single day back in July of 2017. The International Energy Agency further
suggests that the volumes will double again over the next couple of
years. We all know that oil shipped via rail is inherently riskier than
via pipelines.
My question is to the Minister of Transportation. Can she explain
to the people of Kamloops how they’re supposed to feel safe when there’s
an ever-increasing volume of oil being shipped via rail, as opposed to
being shipped by the much safer pipeline?
Hon. G. Heyman: Of course, it’s curious to us on this side of the House that the
opposition is suddenly interested in the risks of bitumen by rail, after
they ignored it while they were in government.
That’s precisely why this government brought in regulations to
protect the public interest from the deleterious impacts of a bitumen
spill, whether it’s through a pipeline or whether it’s by rail. That’s
why we’ve asked, through our powers under the Environmental Management
Act, for rail companies to tell us the volumes, to tell us the routes so
that we can protect British Columbians from the impacts of a bitumen
spill, whether it is by tanker, by pipeline or by rail.
Mr. Speaker: Kamloops–South Thompson on a supplemental.
T. Stone: The NDP government has been so focused on pleasing their activist
friends that apparently they have forgotten about the dozens of B.C.
communities that will be affected by a spill of oil when it’s being
shipped on rail — communities like Valemount and Blue River, like
Kamloops and Ashcroft, like Abbotsford and Langley. These are
communities that would actually be affected.
[2:10 p.m.]
As reported by CBC, “Crude-by-Rail Exports Surge in Canada as
Pipeline Restraints Squeeze Oil Industry,” CN Rail has also recently
reported a 50 percent increase during their third quarter to date,
compared to the same time last year. Their CFO has said that the Trans
Mountain delay has “added years to crude by rail.”
Of course, we know that Alberta Premier Notley is urging Ottawa to
further boost the volume of oil that is shipped by rail. I think we can
again all agree that shipping oil by rail is much riskier than shipping
that oil in a safe pipeline.
My question to the Minister of Transportation is this. How is the
Transportation Minister protecting those dozens of B.C. communities
which are now at greater risk of a rail spill due to this government’s
reckless war on the much safer Trans Mountain Pipeline
project?
Hon. G. Heyman: It’s interesting that the official opposition continues to blame
the British Columbia government for the decision of the Federal Court of
Appeal, but I’ll go on to say that we’re protecting the interests of
British Columbia in protecting our environment, coast and economy in all
the ways they refused to do when they were in government. As I
mentioned, we introduced new regulations governing oil by rail as well
as by pipeline to increase spill preparedness and response, including
requirements for contingency plans, drills, exercises and plans for
recovery.
The member opposite really should get his facts straight before he
attempts to fearmonger with British Columbians. The vast majority of
shipments of oil by rail do not go through B.C. They enter the U.S.
through Montana or North Dakota, and according to the Washington state
Department of Ecology, shipments of oil by rail through the Lower
Mainland actually dropped by 76 percent in the first half of this
year.
Mr. Speaker: Kamloops–South Thompson on a second supplemental.
T. Stone: Again, thanks to this NDP government, British Columbians now own a
pipeline that they didn’t want to buy. And British Columbia is at much
greater risk than ever before for the very spills which this government
said they were going to make sure didn’t happen. We’re talking about the
Thompson River here. We’re talking about the Fraser River here. This
increased risk to public safety, this increased risk to communities like
Valemount and like Abbotsford, this increased risk to public safety
falls squarely at the feet of the NDP government.
B.C.’s Transportation Minister….
Interjections.
Mr. Speaker: Members.
T. Stone: The Transportation Minister has been silent about the increased
safety risk posed by this increase in oil by rail, aside from on March
6, when she said: “…we are talking about a federally regulated system.
The line is federally regulated. I’m not in a position to talk yes or
no.”
The actions of the federal government are pretty clear. The
actions of the Alberta government are pretty clear. When is this
Transportation Minister going to actually do something on this
file?
Hon. G. Heyman: The actions of the official opposition are entirely clear. They
refuse to stand up for British Columbians, for our environment, for our
coast or for our economy. We’ve been clear. We said that we were
concerned about the impacts of a spill on B.C.’s coastline. We said that
the National Energy Board had failed to adequately consider that risk.
We said that the federal government, therefore, had not adequately
considered that risk or adequately consulted with First
Nations.
The Federal Court of Appeal agreed with us. As much as the
opposition would like to overturn that decision in this Legislature, it
is simply not in their purview. We will continue to defend British
Columbians’ interests.
[2:15 p.m.]
L. Throness: I think the point we’re trying to make on this side is that oil
should not be transported by rail. It should be transported by pipeline,
because rail is five times more risky than by pipeline. That kind of
risk should not be acceptable to this government.
The Transportation Minister said in estimates: “I’m not in a
position to talk yes or no, whether the federal government should be
allowing certain products on the line. There is a federal
regulation.”
How much more oil by rail is the Minister of Transportation
willing to accept?
Hon. G. Heyman: As everyone in this Legislature knows, interprovincial
transportation of products, including diluted bitumen and oil, is a
federal decision, but the province has important rights and
responsibilities in terms of regulating the impacts. That’s exactly why
we’ve taken a reference case to establish our rights to do just
that.
It’s also why we’ve introduced new regulations, which were not
as well as by pipeline, to increase our ability to protect against a
spill and to be ready for one in the unhappy event it should
occur.
I’ve detailed the measures that are contained in these
regulations. We’ll continue to stand up for British Columbians against
the negative and adverse impacts of a spill of diluted bitumen, whether
it’s by pipeline or whether it’s by rail. I would invite the official
opposition to stand with us for once to defend British Columbia’s
economy and environment instead of picking holes in federal court
decisions.
Mr. Speaker: The member for Chilliwack-Kent on a supplemental.
L. Throness: I think it’s obvious to everybody that oil should be sent through
pipelines, not by rail. Last July a CN train derailed right into Gates
Lake, north of Pemberton. It’s just a matter of time before a train
carrying oil derails, perhaps in my community, because the main CN Rail
line runs through the middle of our city — 28 trains a day, up to 80
kilometres an hour. I see oil tankers all the time. This presents a real
risk to my community every day.
How much oil is coming through Chilliwack, and how much more risk
to my community and B.C.’s environment is this government willing to
accept?
Hon. G. Heyman: The member correctly points out that the people he represents have
a right to know exactly how much oil is transiting through their
community, and when and how. That is precisely why we’ve asked the rail
lines to give us that information, why we’ve passed regulations
requiring that information: so we can ensure that we protect the
interests of British Columbians — whether it’s on the coast, whether
it’s in the Interior, whether it’s in Kamloops — from the negative
impacts of a spill, whether it’s by pipeline — and we all know pipelines
have leaked — or whether it is by rail.
The issue is that we need environmental regulations to protect our
environment, our economy and our coast. We’re moving ahead with those.
If the official opposition wants to join us in supporting us on
introducing those, we would welcome that. If they want to continue doing
nothing, as they did for 16 years, that’s their choice.
BIODIVERSITY AND
PROTECTION OF SPECIES AT
RISK
S. Furstenau: B.C. has the greatest biodiversity of any Canadian province, and
it also has the most species at risk. The SFU biodiversity report
released last week cited alarming numbers: 1,807 species are in decline;
278 species are at risk of extinction.
Scientists have been sounding warning bells for decades that we
must protect habitats, but they have gone unheeded. Let’s highlight some
of what we’ve done instead.
We have sedated pregnant caribou and flown them in helicopters to
a breeding pen surrounded by armed guards, rather than mitigate our
logging impacts. We have sunk millions into breeding programs for
spotted owls — there are only six left in the wild — and simultaneously
approved logging in their last remaining habitats, such as the Skagit
watershed.
[2:20 p.m.]
We have fed orca whales medicated salmon because they are sick and
starving. Now DFO is thinking about pumping hatchery chinook into B.C.
rivers that are too hot, too polluted, too developed and too overfished
to support wild populations.
My question is to the Minister of Environment and Climate Change.
We’ve gone to extremes and extremely expensive measures to protect
species in B.C. Would it not be more effective to focus efforts on
protecting their habitats and the ecological systems that support
them?
Hon. G. Heyman: Thank you to the Third Party House Leader for her question. It is
an important question. It’s an important question for government policy
and also for British Columbians, who have a deep attachment to our
incredible biodiversity in B.C., to nature and to our environment.
Whether it’s orcas, whether it’s grizzlies, whether it’s caribou, people
in B.C. know that they have irreplaceable biodiversity that’s important
not just for us in our identity but for Canada.
That’s why we have begun to take measures in consultation with
communities, with Indigenous people and with British Columbians to
reverse the many, many years when the former government had an
opportunity to bring in species-at-risk law and simply failed to do so.
By failing to do so, they created instability for Indigenous
communities. They threatened the food supply of Indigenous communities.
They created instability for industry. That creates instability for all
of us.
We have begun the consultation with communities and British
Columbians. We look forward to working with all members of this
Legislature and all members who wish to work with us to protect species
at risk in doing just that in the months to come.
Mr. Speaker: House Leader, Third Party, on a supplemental.
S. Furstenau: Actions speak louder than words. As last week’s report points out,
B.C. has been repeatedly criticized for prioritizing resource
development over the needs of species in our province. We are all
complicit in the sixth mass extinction as it unfolds in B.C.
Species extinction and loss of biodiversity have a human impact.
It impacts the health of ecosystems and the infrastructure of life that
we also depend on, and it impacts our complex social, cultural and
emotional identities.
To the Minister of Environment and Climate Change, we have the
responsibility to act as stewards not only for animal species but for
future generations, some of whom are in the gallery today. With so much
on the line, beyond consultation, what immediate steps is the minister
taking to prevent further species decline in B.C.?
Hon. G. Heyman: Again, I thank the member for her passion on this issue, for
raising this important issue in this Legislature. I have outlined some
of the reasons that protecting species at risk is important to all
British Columbians, why it’s important to Indigenous communities, why
it’s important to the biodiversity that we’re trying to protect for the
planet.
It is important, when we take measures — whether it’s habitat
protection, whether it’s protecting a species from predators or
industrial activity, whether it’s protecting a species at risk from
simply winking out because they can no longer reproduce — that we target
our dollars in a way that is most effective. That is part of the
consultation we’ll be undertaking.
We’ll also be consulting, through an intentions paper, on a range
of measures to protect species at risk through a new species-at-risk act
while, at the same time, ensuring that we work with communities around
the province to ensure that the jobs they depend on for the health of
their communities and their families can be maintained without
threatening the loss of species.
GOVERNMENT RECORDKEEPING POLICIES
M. Stilwell: In May of 2018, the Premier said he was profoundly disappointed
with the mass deletion of emails from several NDP staff, yet no one has
been held accountable.
[2:25 p.m.]
The official opposition has made a freedom-of-information request
for all of the messages sent in the month of June 2018 by the
ministerial assistant in the office of the Minister of Energy. In
response to that request, the government replied that no records exist,
none. So the ministerial assistant to the Minister of Energy deleted
every single email and text message that he produced.
Perhaps the Minister of Citizens’ Services, who is responsible for
the Freedom of Information Act, can explain why all the records were
deleted.
Hon. J. Sims: I want to thank my colleague for that question.
It is important for the public to have confidence that their
government is managing records properly. It’s also a policy that has
existed for a long time that those records pertaining to government
decisions are kept, and those that are transitory are
deleted.
I will look into the situation raised by my colleague across the
way, and I will get back to the House.
Mr. Speaker: The member for Parksville-Qualicum on a supplemental.
M. Stilwell: I hope the minister truly understands the act and the difference
between the transitory messages and those that need to be
kept.
We know from the Energy Minister’s calendar that the staff member
participated in a Utilities Commission meeting, a briefing on the review
of B.C. Hydro that was launched that month, and at least 14 other
meetings with the minister. I know from experience that a minister’s
calendar is very busy, and you have your assistant with you.
To the Minister of Citizens’ Services, did this ministerial
assistant really not produce one single iota of useful information in
all those meetings that he attended with the minister for the entire
month of June?
Hon. J. Sims: I want to thank my colleague for that question.
Let me say that government takes pride in managing records
properly. Government policy is very clear, and this policy existed when
people sitting on that side of the House were sitting on this side of
the House — same policy. Some records must be kept, but many are
transitory and can be removed. That means keeping records that are
essential to understanding the business of the government — for example,
how a decision was reached.
If there is an indication that records were not appropriately
stored, the civil service will follow up on this matter. As I said, I
will look into the situation, and I will get back to the
House.
J. Thornthwaite: Under pressure, this Premier was forced, in May, to concede that
the NDP practice of deleting all sent emails was inappropriate. But even
after this practice was uncovered, there have been more “no records”
responses for the sent emails and text messages from a further 17
individuals.
How does the Minister of Citizens’ Services explain the continued
NDP practice of deleting all emails?
Hon. J. Sims: Government policy and the recommendations from the OIPC are very
clear. Some records must be kept, but many are transitory and can be
removed. That means keeping records that are essential to understanding
the business of government — for example, how a decision was
reached.
Many emails that go back and forth between ministers and staff are
transitory. Basic hygiene for our email is to go through that and get
rid of the transitory emails, because otherwise, they get in the way of
us responding to FOI responses. Civil servants advise us that keeping
every transitory record actually slows down the FOI process.
As I said, records that are meant to be kept are kept, and those
that are transitory are deleted.
[2:30 p.m.]
Mr. Speaker: The member for North Vancouver–Seymour on a
supplemental.
J. Thornthwaite: Thank you to the minister for reading off government policies on
basic hygiene.
Multiple NDP staff and ministers are systemically deleting every
email they create. There are no records available for multiple staff in
ministers’ offices, in GCPE, by the Minister of Public Safety, the
Minister of Municipal Affairs nor the Minister of Tourism. These
examples are just as egregious as those that the Premier called
profoundly disappointing.
Again to the Minister of Citizens’ Services, where are all those
records?
Hon. J. Sims: I want to thank my colleague for her question, and I’m always
impressed when my colleagues across the way show an interest in freedom
of information — after all, a government of “triple delete” and “win at
all costs.” Let me say again that I will take this on notice and get
back to the House.
P. Milobar: It’s good to hear the minister say she will take these on notice,
but let’s reflect back on something that presumably she has already
taken on notice and presumably had already provided direction
to.
In May, the Premier announced that his deputy minister would
investigate the mass deletion of records. At that time, there was
evidence that at least eight members of the Premier’s office staff had
conducted themselves in this manner. Since then, we’ve actually received
889 pages that have been recovered from within the databases. But
there’s a notable exception: that’s only from seven of the eight staff
involved. There have not been any documents from the special adviser to
the Premier, Marie Della Mattia.
The question is: can the Minister of Citizens’ Services explain
why, when there was an obvious attempt to recover from eight staff, only
seven staff were able to provide any of those emails, and none of the
mass-deleted records of Ms. Della Mattia have been recovered?
Hon. J. Sims: Let me say again, I will take this on notice and report back to
the House.
Mr. Speaker: The member for Kamloops–North Thompson on a new
question.
P. Milobar: The question to the minister, then, from her lack of answers,
would have to….
Interjections.
Mr. Speaker: Member, continue.
P. Milobar: It’s very disappointing. Here we have a minister that’s in charge
of the freedom-of-information documents, who has had this brought
forward through the last year, who had assured this House that she would
look into it over the last year…
Interjections.
Mr. Speaker: Members.
P. Milobar: …and has answered today that she will further look into
it.
I guess the question out of all this is: seeing as we’ve been
waiting now for the better part of six to eight months for an answer,
when can we expect the minister to provide us a proper answer to the
questions she had in June that she still cannot answer today?
Hon. J. Sims: As I said previously, the questions that have been raised today….
I will look into that, and I will report back to this House. That is the
responsible thing to do.
INVESTIGATION OF
GOVERNMENT
RECORDKEEPING
G. Kyllo: It’s a serious offence to improperly destroy government records.
The Don Wright investigation….
Interjections.
Mr. Speaker: Members. Members, the member for Shuswap has the floor.
[2:35 p.m.]
G. Kyllo: The Don Wright investigation, which was launched back in the
spring, was supposed to get to the bottom of the mass deletion of emails
by the NDP. Judging by the examples heard today, the minister obviously
has learned nothing.
To the Minister of Citizens’ Services, where are the results of
the Don Wright investigation?
Hon. J. Sims: I actually thank my colleague for that question, because it gives
me a chance to explain that when we did the review, we recovered the
emails for seven staff who sent “no records” responses. With this
complete, we reprocessed past freedom-of-information requests. We
reprocessed them. Where applicable, final responses to these requests
were published to government’s Open Information website.
Extra training sessions have been provided to all staff and
ministers to ensure that they understand their obligation to properly
identify and appropriately store government records. We are committed to
holding ourselves to a higher standard, and we are proud of the work we
are doing.
Mr. Speaker: The member for Shuswap on a supplemental.
G. Kyllo: Well, Minister, that’s just simply not good enough.
When you launch an investigation and it’s been identified that
eight senior staff have been mass-deleting emails and text messages and
you complete that investigation and find out there’s one individual who
has nothing to report, I would think that the investigation is not
completed.
I think that members on this side of the House, as well as the
general public, would like to know what efforts she undertook to
actually find out and come to the bottom of why one individual has zero
records to report during the period in question.
To the minister again, will she please share with the House today
the outcome of that investigation?
Hon. J. Sims: To a question that was just repeated from a question that was just
asked, let me give an answer. I’m hoping that this time it will be
heard.
We have recovered and then reviewed the emails for seven staff who
sent “no record” responses. With this complete, we reprocessed — let me
repeat, reprocessed — past freedom-of-information requests. Where
applicable, final responses to these requests were published to
government’s Open Information website. Extra training sessions have been
provided to all staff and ministers to ensure that they understand their
obligation to properly identify and appropriately store government
records.
We are committed to holding ourselves to a higher standard, and we
have done just that.
[End of question period.]
Tabling Documents
Hon. C. James: I rise to present the Report of Guarantees and Indemnities
Authorized and Issued for Fiscal Year Ended March 31, 2018 , in
accordance with the Financial Administration Act.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued second reading debate on Bill 53, Recall
and Initiative Amendment Act. In
section A, the Douglas Fir Room, I call
committee stage on Bill 39, Poverty Reduction Strategy Act.
[2:40 p.m.]
[L. Reid in the chair.]
Second Reading of Bills
BILL 53 — RECALL AND INITIATIVE
AMENDMENT ACT, 2018
(continued)
D. Davies: I rise today to take my place to continue speaking, and certainly
representing the good residents of Peace River North. I’m happy to
continue to speak on the Recall and Initiative Amendment Act, Bill 53. I
also call it the CYA act.
Before I go on to that, I was just handed a note. I’ll just take
two seconds to recognize a couple of the constituents of my riding who
live in Fort St. John. Jay and Elizabeth Morrison just had a new baby
girl. I’d like to congratulate them and their families for this
wonderful day, certainly for them.
As I continue on with this discussion around Bill 53…. I stated in
the House, the last time when I was speaking, about how proud we are as
British Columbians, as Canadians and how proud I certainly am to be
standing in this place — and having such an incredible democracy that we
can have these kinds of debates.
This system we have that we all work within has delivered peaceful
transitions of power since Canada’s inception in 1867 and, of course,
since British Columbia joined Confederation in 1871. We have
continually, for the most part, elected governments that generally
reflect the will of people. We’ve built, over these years….
We could lay this template over top of our country, but certainly,
talking about British Columbia, we have built a place that is the envy
of the world, a place that is peaceful, a place that has one of the
strongest economies, certainly, in the country, if not in the world, a
resilient province. I know and I’ve talked to many, many people that
have moved to this province — a place that people are absolutely proud
to call home.
Yet we keep hearing about policies about fixing our democracy. I
find it really strange that we are trying to change things completely
from something that effectively works very well. Again, as I mentioned a
moment ago, people are coming to Canada to observe our democracy. People
come here from around the world to observe our elections, to bring best
practices back to their countries.
So when I hear these promises from across the way….”We’re going to
fix our broken democracy. We’re going to fix it. We’re going to make it
right.” We’re talking about the…. Of course, we have the referendum on
electoral reform and this bill, Bill 53, that we’re debating right now —
all in the name of fixing our broken democracy.
[2:45 p.m.]
Well, every step that’s been taken or that is being taken or
worked toward is actually an erosion, a whittling down of our
democracy.
As I mentioned a second ago, British Columbians are voting on a
referendum on proportional representation which proclaims to bring a new
and improved — 5.2, 2.0, whatever model you want to look at — democracy
to town that somehow is going to make people’s voting better, that
somehow is going to have better results and make Canada this incredible
place in the world.
Well, we already have that. There are examples upon examples
throughout Canada, throughout British Columbia, that demonstrate that.
Instead I believe that our democracy that we cherish in this province is
being threatened by the government across the way and its friends in the
Third Party that are doing the exact opposite — taking this power,
taking this pride in what we have as a democracy and handing it over to
parties.
For all the talk of making every vote count…. Again, just this
morning it was debated in this place, talking about how we are going to
fix our broken democracy. The reality is — and we’ve seen this
throughout the many months of debate that we’ve had on proportional
representation, and now we’re hearing it on this recall legislation —
that these choices that are going to be made or will be made under this
new legislation are going to be happening well before election day, well
before a recall takes place.
It’s going to be happening behind closed doors. It’s going to be
happening with the gangs inside the parties and not in the public
domain, not in the hands of the citizens of British Columbia, which is
really worrisome. What that side of the House calls more democracy, I
call an erosion of our democracy. Our democracy, I believe, is under
fire.
With MLAs selected and appointed from party lists, the power of
political parties will be entrenched. Party insiders will choose who is
on the list. They might even choose themselves. People will see their
democratic rights fade and that the choices they made are preselected.
That is less democracy, not more democracy.
The very bill that we are debating here, Bill 53, is yet another
case of the government eroding the very democracy that we have stood
behind, the very democracy that many, many men and women from Canada
have fought for in world wars, in other conflicts around the world —
this very democracy, the very democracy that that government is
pretending to enhance.
That side of the House is claiming that they’re cleaning things
up. They’re bringing in rules. They’re bringing in these new rules in
line with all the other changes that they have made. In fact, it’s kind
of like how they got rid of big money while letting union and paid
activists work on municipal campaigns — having kind of two
standards.
British Columbians are proud of our present Recall and Initiatives
Act. Every British Columbian in this province has the right to challenge
an MLA and have them removed from their position after 18 months, if
enough people in their constituency agree with them. It’s a bit of a
safety net that citizens in this province have. It’s a great
initiative.
Someone across the way said the NDP brought it in. I’m not
debating who brought it in. I’m saying it is a great act. It is
something that British Columbians are proud of. If an MLA is in there,
they run on a campaign, they get elected, and all of a sudden, they
start doing this or that which goes against the wishes of their
constituents, it is the right of citizens, if they should sign 40
percent ever the electorate up, to have that individual
recalled.
[2:50 p.m.]
Again, that is an extremely important piece of our democracy here
in British Columbia. In fact, it has been used. The recall legislation
has been used. There have been 26 petitions, as we have heard previous
speakers mention, launched since 1995. It has only resulted in having
one MLA leaving their spot.
The recall actually never fully came to fruition. The MLA in
question resigned the post prior to everything happening. But I’m not
debating the legislation. In fact, it is a great piece of legislation
and one that is being threatened right now by this government. This
government is restricting some of the pieces of the legislation that
have been laid out. The worst part — and I’m not repeating anything new
— is this has been tabled by a minister who is presently being targeted
by a recall.
We can talk about…. While the official campaign hasn’t begun,
this, that and the other thing. But in reality, I can look at a very
active campaign that’s happening in that riding right now. There have
been multiple protests that have been held in the riding. Hundreds of
people have shown up to these protests. There’s a very active recall
campaign around the minister on Twitter. There’s a webpage that is in
place that has a lot of activity. For someone to say, “Well, there isn’t
a recall campaign at play,” I find that a bit absurd.
We hear some comments about: “Oh, the official campaign. It’s not
going.” It is happening. There are hundreds of people that are engaged
in this. Whether or not the official date is being called, which I
believe the official date is this Friday, there are people right now
working to have this initiative, this piece, this very powerful and very
important piece of our democracy being challenged right now.
It’s unfortunate that he’s using his powers as the Attorney
General to introduce these changing rules in the middle of this
campaign. Well, not in the middle of this campaign. It’s in the middle
of the pre-campaign, moments before the launch of the official
campaign.
I kind of look at this…. When this legislation was being written,
I’m imagining this work is happening and you’re writing all of this
stuff down. I cannot for one second believe that there wasn’t a moment
when this legislation was being written that it never crossed the mind
of the Attorney General that: “Hmm, I wonder if this pertains to me. I
wonder if…. Gee whiz, is there anyone talking about me on this? Is there
a campaign going on?”
I’ll guarantee that the Attorney General is well aware that
there’s a campaign going on. He’s had people out in front of his office
in his riding. He’s had people carrying signs and protesting in the
park. I’m sure he’s had people calling and phoning and tweeting. Maybe
the tweets aren’t getting through. I understand that they’re
disappearing and emails are disappearing. I’m not sure what’s going on
there. We’ll figure that out later — as I digress — maybe Morse
code.
I don’t know, but I’m sure the Attorney General is extremely aware
that there is a campaign against him. So when he was writing this bill,
he had to have had this going through his mind somewhere. To me, if that
is the case, I can’t see there not being a conflict. That is what really
doesn’t sit well with me. This is why I call this the CYA
act.
Interjection.
[2:55 p.m.]
D. Davies: It would be unparliamentary of me to spell out the acronym. Cover
your butt. Yes, the cover-your-butt legislation. So it’s to be expected
that this same minister has been portrayed as the government’s
squeaky-clean independent arbiter of electoral reform while, at the same
time, acting as this fierce proponent for scrapping our current
electoral system. There are so many different pieces, you know. One
acronym…. I was trying to find some others. It’s like asking Colonel
Sanders to be an independent arbiter of voting on imposing
vegetarianism. I mean, it does not make sense.
There are other pieces of this bill that are in here. MLAs are
only able to be subject to a single recall campaign. Once a recall
campaign is attempted, there can be none other during that term in
office. Well, again, why? I have to beg the question. Why? I mean, it’s
the citizens’ right under recall legislation that if they’re not happy
and they can canvass the support of 40 percent of the voters, they
should be able to initiate recall any time they want, as in the
past.
Constituents that have legitimate concerns are being cut off and
told: “You know what? You get one chance at this. You can never, ever do
it again.” That is a complete erosion of our democracy, like we’ve seen
in a couple of other bills that have come through this legislation
recently. It scares me, quite frankly. It scares the residents of my
riding, and I’m sure it scares the residents of many in British
Columbia.
Another piece of this is looking at the first couple of folks that
walked through the office to state that they do have a legitimate recall
campaign. Right now many people who are upset, many organizations who
are upset can walk into Elections B.C., state their case and launch a
recall campaign against any MLA who sits in this House. Now that is
being changed, and, again, we’ve got to start thinking about
why.
Limiting it to two people — two or three; I can’t remember now. I
think it’s the first two people that walk in. The first two or three.
Nonetheless, the first two or three people that walk into Elections B.C.
are the only people that are able now to launch a campaign. Well, that
just screams for some hanky-panky — if I might use — to happen. “Well,
jeez, I know that there are people mad at me, because I’ve got webpages,
Twitter accounts, Facebook accounts. I’ve got people rallying out in
front of my office. I’ve got people marching through the parks and up
and down the street. I know that there’s something out there, and I know
people are upset at me. I know organizations in my riding are upset at
me. I know businesses in my riding are upset at me. Boy, I’d better
limit it to only a couple of people — the first two people.”
It’s like a door-crasher on Boxing Day. I can just imagine the
first two best friends lining up: “Don’t worry. I’ve got you covered.
I’ll come in, and I’ll get this campaign going. I’ll be the first to
register, and we don’t have to worry about a campaign against you.” It’s
not right. It should be left the way it is. There should be no change.
As many people who want to recall a campaign should be allowed to
continue with a campaign.
The bill also seeks to take off six months, another additional six
months of actually trying to set up this campaign. No campaign can be
launched six months prior to a scheduled general election. Well, I
wonder why that rule might have been in place. If people are really
upset at their MLA in their riding — and let’s presume that this keeps
going on and the recall is unsuccessful — well, we don’t want anybody
coming out with their voices on a recall campaign when I’m trying to get
elected. Well, that is stifling people. That is stifling our citizens,
making sure that they can’t have another venue to voice their
concerns.
[3:00 p.m.]
To me, it’s quite worrisome when we start looking at pieces of
legislation that are just…. Well, it’s voter suppression in my…. In
fact, I happen to have here a definition of “voter suppression.” It’s a
strategy to influence the outcome of an election by discouraging or
preventing people from exercising their vote or exercising their
voice.
Hmm. You’re not allowed to exercise your voice in a recall
campaign six months prior to an election. Well, if that is not
suppression, I’m not too sure what is. Again, this is just another
erosion of our incredible democracy that we have in British Columbia,
that we have here in Canada. I cannot believe that we are moving forward
with legislation like this on the eve of Remembrance Day.
So citizens have this right to recall. At the end of the day, true
democratic power rests with every single British Columbian, every single
voting British Columbian. As I’ve said throughout my entire time here
talking, I can see nothing that does what the members on the other side
of the table are trying to say — as strengthening our democracy. All I
can see happening here is the exact opposite — whittling away at
people’s rights to demonstrate against their MLA, their rights to come
out and say they are displeased, and limiting people’s rights to recall
their MLA.
I put it as…. You know, all of us here in this room ran election
campaigns. It seems like an eternity ago, but I think it was about 18
months ago. Yeah, I guess it was. It was 18 months. Hence, we’re right
on the heels of a possible recall campaign. All of us know too well that
we need to go out and garner support from people, to have a
campaign.
Of course, things have changed with limits in place, with folks
that now are not allowed to do corporate donations. But one of the
pieces in this bill is limiting the amount of money that you are allowed
to raise for a recall campaign.
I want to make sure that I get the number right. I think it’s
$5,000 that is the limit. But again, by imposing limits on a recall
campaign, I can only help but to wonder what the reasoning for that
is.
Well, $5,000 is not a lot of money. I live in a small community
with a couple of small local newspapers. I take a business card ad out
in my newspapers, and it costs me $500. If we’re moving and looking at
larger centres — maybe here on the Island, Victoria, the greater area,
or Vancouver — well, the costs are exponential. If we want to buy any
kind of media time, the costs are huge. Even just getting signage made,
the costs are enormous for people to get out and do that
that.
Imposing, in this legislation, a limit of $5,000 on a recall
campaign is nothing but another step of suppressing people to voice
their opinions. Hon. Speaker, $5,000 isn’t a lot of money, and $5,000 is
hardly going to do anything in allowing citizens to go out and enact
their democratic right of trying to set a recall campaign up against
their MLA.
I’m arguing this as general legislation. I don’t care if it
happens on this side or that side, this Legislature sitting or future
Legislature sittings. I think the rules need to remain as they are in
place now. I think that it’s absolutely appalling already that these are
even being opposed, that we’re even debating these four days before
recall campaigns are set to go in place. It’s absurd that we’re here
debating it. I’m just absolutely amazed.
[3:05 p.m.]
A $5,000 cap. It’s maybe a little easier in a small riding that
you can bike across, which many ridings in this province are. But there
are many of us in here that represent large ridings, diverse ridings.
Powell River–Sunshine Coast — a riding that you’ve got bodies of water
you have to jump across. You’ve got diverse range.
In my riding, it’s 12 hours to drive from one side to the other.
Madam Speaker, $5,000 is nowhere near enough money for a recall
campaign. I certainly don’t agree with that being enforced here in this
piece of legislation.
Just a neat little piece here. I guess probably most of us know
Jon McComb. He’s one of the speakers on CKNW. On Friday, I guess, he was
on the radio. The Attorney General was talking about — and this is a
little piece that I just talked a moment ago about — having these
false-flag recall campaigns, from preventing…. Jon McComb asked the
Attorney General about having these people lining up at the front doors
and having the first two in there registering and setting up this
fictitious campaign so nobody else can come in.
The Attorney General stated that: “Theoretically, it’s possible, I
guess, to have supporters launch a recall campaign against their own
candidate that they might otherwise support.” And Jon McComb, myself,
others certainly on this side of the House…. Jon McComb said: “This is a
major flaw in this piece of legislation.”
As we move forward, as this is debated, I’m certainly not going to
be supporting this bill — this bill that challenges our democratic
rights and whittles down our democracy that has been built up and that
I’m very proud to call my own. I’m sure all of us are proud to call this
great democracy our own. A bill that erodes this…. To me, it’ll be an
extremely sad, sad legacy for the government of the day if this bill
passes.
Deputy Speaker: Recognizing the member for Kamloops–South Thompson.
[Applause.]
T. Stone: We’ll assume that that applause was for my colleague, or jointly,
for my colleague from Peace River North and for myself. I appreciate
that.
I’m very pleased to rise and speak to Bill 53, the Recall and
Initiative Amendment Act. And, oh, what a tangled web that we weave when
we first practise to deceive. Bill 53 — this government’s latest attempt
to manipulate democracy for the sake of their own self-preservation. The
word “outlandish” comes to mind.
British Columbians are hearing about this latest move on the part
of this government. Frankly, I share the reaction that most British
Columbians are having, which is that I’m not sure whether to laugh or to
cry upon learning, in more detail, what the intent is behind this
legislation. In fact, the Recall and Initiative Amendment Act before
this House might be causing gales of laughter if it wasn’t so serious,
so brazen, so hypocritical, so wrong on many, many levels.
Historically speaking, in our parliamentary tradition, out of
respect for the office, the role of Attorney General has been somewhat
above partisan politics. An Attorney General has a very different, a
very unique, role to fill. He or she is called upon very often to remain
above the fray for the good of all members of this chamber, for the good
of British Columbians.
Today we have an Attorney General, the member for Vancouver–Point
Grey, who I would suggest is arguably and shamelessly the most partisan
Attorney General that this province has seen in decades. He is a man who
has no shame in doing whatever it takes to preserve his government’s
precarious hold onto power.
[3:10 p.m.]
This is yet another brazen attempt to manipulate our democratic
processes. This time, it’s through Bill 53. There is seemingly no limit,
no boundary, to curb what this Attorney General will do to advance his
interests and the interests of his party.
This bill is designed to constrain democracy and the rights that
British Columbians have today related to initiating or participating in
a recall campaign. Of course, the government is attempting to make these
changes only days before the existing recall rules allow for members of
this, the 41st parliament, to become subject to recall campaigns. It’s
all about keeping the NDP-Greens in power.
Now, in terms of the highlights of this legislation in and of
itself, the contents, I will say this. The bill does add a pre–general
election blackout period of six months to apply a start to a recall
petition. The existing 18-month blackout period after general elections,
that provision which has always been there, stays there. But I will
point out that this addition of this pre–general election blackout
period does reduce the window for a recall campaign by another six
months.
Secondly, this bill removes the possibility that an MLA might be
subject to more than one recall petition at a time. Apparently, once the
Chief Electoral Officer approves a recall campaign application, no other
recall campaign can occur against that same MLA. Whoever files first
gets to launch the campaign and the only campaign.
This clearly opens the door for false recall campaigns to prevent
a real one from being launched. This opens up the entire recall process
to manipulation. One can only imagine that members of this House could,
theoretically, have friends or insiders or party members launch a
fictitious recall campaign to prevent any further recall campaigns from
being launched. Then, of course, nothing happens with that first
campaign, and the recall campaign fails.
Now, I’m not just surmising that that is what could happen. The
Attorney General, just the other day on the Jon McComb Show in
Vancouver, on November 1, said: “Yes, theoretically, it’s possible, I
guess, to have supporters launch a recall campaign against their own
candidate that they support.” That’s the Attorney General acknowledging
a fundamental flaw, an opportunity that exists in these amendments to
allow for manipulation of the recall legislation. That is
wrong.
This bill also applies to recall campaigns the same spending and
advertising rules that the NDP introduced to the Election Act for
general elections. Again, that’s a ban on corporate and union donations.
It also provides for the $1,200 cap to recall campaigns. That,
obviously, will make it much more difficult for recall campaigns to have
the resources that are often necessary to have a chance at
success.
The bill requires third-party advertisers to register and disclose
their funding sources. It establishes a $5,000 value cap for the
petition recall period, and third-party advertisers need to register as
well.
The bill brings in significantly more disclosure requirements for
spending. This actually creates another way to rule a recall campaign
unsuccessful if the CEO finds a spending or disclosure violation that
materially affected the outcome, thus setting that outcome
aside.
I would be remiss if I didn’t highlight that, once again, the
government has chosen very deliberately not to include third-party
contributions or volunteer contribution limits in these amendments. Why?
Well, this follows a pattern.
We warned in this House last year that changes to the local
campaign financing legislation that did not provide for limitations to
third-party contributions would allow for abuse in the recent municipal
elections. Lo and behold, there were reports of all kinds of said abuse
taking place.
[3:15 p.m.]
We had emails from unions that clearly indicated that, much to
their bemusement and their surprise, there was a loophole in the
legislation that you could drive a truck through — that allowed for
canvassing, for telephone phone banks, for polling, for leaflet drops
and all kinds of other third-party contributions that the unions can
make to support the union’s chosen candidates. Well, those same
loopholes exist in this bill before us today, and that is a
shame.
Make no mistake about it; it’s no accident that this Recall and
Initiative Amendment Act is being announced now — again, just days
before recall campaigns can be initiated. And surprise, surprise — a
government member who is facing an increasingly frustrated and an
increasingly angry electorate chomping at the bit to exercise what is
their democratic right, which is to initiate and to participate in a
recall campaign of their MLA…. Surprise, surprise. This foment of
dissent is taking place where? In the riding of Vancouver–Point Grey.
And who is the MLA for Vancouver–Point Grey? Well, none other than the
Attorney General. This smells.
This is a matter of principle. It’s a matter of principle that
represents this attitude: win at all costs. Of course, the NDP is
supported by the ethically challenged Third Party members, who have also
abandoned virtually every single principle that they ran on, every
principle that they have stood for, in order to contribute their parts
to the self-preservation of this NDP-Green government.
Now, the recall tools that are available to British Columbians
have been there for a number of years now — for a number of decades,
actually. Since 1995, in fact, British Columbians have had the ability
to fire their MLA or at least try to express their discontent with the
service being provided by their MLA. If an MLA received 40 percent of
registered voters asking for that MLA to be recalled, then that MLA
would be recalled.
It’s not like this is easy. Since 1995, 26 processes were
initiated utilizing the existing recall legislation, yet not once has it
actually been successful anywhere in British Columbia. It’s a very high
bar to achieve. The number of voters that must support the recall,
within a very tight time frame, makes it very, very difficult. But some
have come close. There are some members that have come close.
I do note, back in the day, in Parksville-Qualicum — this is going
back to 1998 — where the number of signatures required to recall then
MLA Paul Reitsma was 17,020 votes. That’s what was required. Guess how
many eligible voters were confirmed to have signed that recall petition?
Well, 25,430. It didn’t succeed. Why? Because the MLA in question
resigned before that recall process could go through.
It has also come close in a number of other ridings. I mention
Delta South where just under 10,000 valid signatures were achieved
against a requirement of 13,000 and change. That was back in 2002. And
there are a few other examples.
So it hasn’t actually worked, but it’s come close, and it’s been a
tool that British Columbians have had at their disposal, from a
democracy perspective, to hold their MLA to account and to express their
displeasure. But it is very, very, very difficult to achieve.
Nonetheless, the concept of placing restrictions on expenditures
for recall campaigns is indeed worthy of debating. No argument from the
opposition on that point. But the timing of this bill is very
interesting. Why would the government introduce these amendments now?
Why would they introduce these amendments only a week ago? Why is there
suddenly interest in amending the Recall and Initiative Act
today?
The government could have moved forward with these amendments at
the same time as they were moving similar amendments with respect to the
local elections campaign finance reforms that were brought in and that
were supported by all members of this House.
[3:20 p.m.]
They could have moved these amendments at the same time as the new
spending and contribution limits that were brought in with respect to
provincial election campaigns and that were supported by all members of
this House. But no, they opted to wait and bring these amendments
forward now. Why? Well, let’s look to the neighbourhood of
Vancouver–Point Grey, where there appears to be some uncomfortable
unrest in the tony neighbourhoods of this constituency, where the sounds
and the sights of unrest are bubbling up to the surface. There actually
have been signs placed along many roads, many of the streets, in
Vancouver–Point Grey expressing displeasure with the local
MLA.
Again, who’s the MLA for Vancouver–Point Grey? Who is that MLA?
That MLA is the Attorney General of British Columbia. The man who’s
riding into town on his white horse to save us once again is the very
man subject to a recall campaign in his own riding and who is
introducing legislation here in this chamber with respect to recall
campaigns. That is wrong.
The man who stands the greatest chance of being recalled, only
days before a recall campaign can be formally initiated, has personally
introduced Bill 53, legislation which places new and significant
limitations upon the recall process itself. This is a move breathtaking
in its brazenness, as the Attorney General takes sanctimony and
arrogance to a whole new level. A move that reeks of self-serving
manipulation to ensure his own self-preservation and the
self-preservation of the members opposite. It’s outlandish, it’s
desperate, and it’s shameful.
It’s serious enough to smack of a personal conflict of interest.
We have rules that govern how we perform our duties in this House and
how we perform our duties outside of this House. There are expectations.
There are standards to ensure that one’s personal conduct does not
interfere with one’s official duties, especially when you’re a member of
the executive council.
What does the act actually say? Sections 2 and 3 of the Members’
Conflict of Interest Act state the following.
Section 2(2): “For the
purposes of this Act, a member has an apparent conflict of interest if
there is a reasonable perception, which a reasonably well informed
person could properly have, that the member’s ability to exercise an
official power or perform an official duty or function must have been
affected by his or her private interest.”
Section 2(1): “For the purposes of this Act, a member has a
conflict of interest when the member exercises an official power or
performs an official duty or function in the execution of his or her
office and at the same time knows that in the performance of the duty or
function or in the exercise of the power there is the opportunity to
further his or her private interest.”
Section 3: “A member must not exercise an official power or
perform an official duty or function if the member has a conflict of
interest or an apparent conflict of interest.”
I will regale the House with further details from the
conflict-of-interest act.
Section 11 of the conflict-of-interest act
sets out the requirements that a member of the executive council must
follow in circumstances where a conflict of interest or apparent
conflict of interest may arise.
Section 11(1) says: “If, during the exercise of any official power
or the performance of any official duty or function by a member of the
Executive Council, a matter arises with respect to which the member has
a conflict of interest or apparent conflict of interest, the member must
(
a) refrain at all times from attempting to influence the matter, and
(
b) at any subsequent meeting of the Executive Council or a committee of
the Executive Council at which the matter is considered, disclose the
general nature of the private interest and withdraw from the meeting
without voting or participating in the discussion.” Madame Speaker,
taken directly from the Members’ Conflict of Interest Act.
There are many reports indicating that the MLA for Vancouver–Point
Grey, the Attorney General, could be targeted and is being targeted by a
recall campaign by the voters in his riding. Surely he knows that he’s
in a personal conflict by participating in the debates, by participating
in the votes, let alone actually having the audacity to be the person to
bring in front of this House legislation that actually significantly
restricts the ability of people to engage in successful recall
campaigns.
What does the Attorney General do? Well, press on, of course.
There’s too much at stake to allow local constituents to exercise their
displeasure with their local MLA and with this government. In a recent
interview, the Attorney General said the timing of the legislation was
designed to land before recall campaigns could officially begin. He
mentioned his own potential recall campaign, noting: “I don’t want to be
in a situation where supporters fundraise to defend me by accepting the
kinds of donations from unions and corporations that I have fought to
eliminate.”
[3:25 p.m.]
Give me a break. What an absolute load of garbage. The anger being
expressed at the Attorney General by his constituents is palpable.
That’s what’s going on here. The evidence is everywhere, with one-time
supporters in Vancouver–Point Grey having turned 180 degrees as
they now see that NDP political interests trump sound government, sound
policy and fairness in this province. Don’t worry about keeping
promises. Don’t worry about that at all. “We’ll just buy back your
support later.” That’s the NDP’s game plan here, and it’s
wrong.
Now, for the sake of diving a little deeper into why the
constituents of Vancouver–Point Grey would not be happy with their
member, well, there are quite a few reasons, quite a few items that one
could point to that people might be upset by and that might be causing
this rise of frustration and anger and concern with their MLA. Maybe
it’s the 18 new taxes which the NDP have brought in. Maybe it’s the
so-called school tax, which has absolutely nothing to do with schools or
education in British Columbia. You think that maybe could have something
to do with why people in the Attorney General’s riding are upset with
him at the moment?
Perhaps it’s the phony speculation tax or the MSP replacement tax.
Or maybe it’s the carbon tax that’s no longer revenue-neutral and still
going up. Maybe it’s the gas tax. Maybe it’s the increase in parking
fees. Maybe it’s all the development cost charges which are fuelled by
decisions made in this House by the NDP-Green government. But it’s not
just taxes. Perhaps people in his riding are still wondering: where is
the $10-a-day daycare? Where is the $400 renters rebate that renters
were supposed to have received on an annual basis? Where’s the tuition
rebate that students around British Columbia were promised in the last
election? Again, another critical promise missing in action.
Maybe voters in his riding are actually not very happy that he’s a
member of a government which has done more to cement the infrastructure
legacy of the former B.C. Liberal government, in moving forward with
Site C, moving forward with LNG. Oh, it can’t be. Oh yes, it’s
happening. As the Leader of the Opposition said on the weekend: “Even
the NDP can’t screw up the LNG opportunity that is now in front of
British Columbians.” Maybe it’s because the NDP have done nothing on
housing affordability, despite all their vaunted promises and
commitments. Maybe it’s because life is not getting any more affordable
under the NDP. It’s actually getting less affordable. Maybe that’s a
reason why voters in Vancouver–Point Grey are not happy with their local
MLA.
Maybe it’s this ridiculous sham of a referendum that is being
shoved down the voters’ throats — proportional representation. I was
very interested, as I’m sure many members of this House were, to learn
that to this point, there have been three weeks of voting, a period for
people to send in their ballots — three weeks from the middle of October
to November 5. Elections B.C. reported out today that in this move to
replace our electoral system — because it’s the number one most burning
issue on the minds of British Columbians in communities across this
province — out of 3,288,908 eligible voters in this referendum, an
astounding 22,342 have voted as of November 5, in three weeks of voting.
That’s fully 0.7 percent voter turnout to this point.
It gets even better. In Kamloops–South Thompson, my riding, only
696 people have bothered to send in their ballot. In Kamloops–North
Thompson, only 771 people have bothered to mail in their ballot. But
forget about my riding and the riding of my colleague from
Kamloops–North Thompson. How about the Premier’s riding, Langford–Juan
de Fuca? There are 43,000 eligible voters in that riding. The number of
ballots received by Elections B.C. as of November 5: three — three
ballots.
The members opposite can chirp about people not having received
their ballots yet. Elections B.C. confirmed that half of British
Columbians were to receive their ballots within the first two weeks that
they were mailed out, by the end of October, and the balance were to
have their ballots by November 2. The lack of turnout reflects a lack of
interest which reflects a lack of belief on the part of British
Columbians that any time in this parliament should be focused today on
this ridiculous sham of a referendum.
[3:30 p.m.]
This referendum…. We’ve talked about all the different aspects of
it, why it’s a fraud being perpetrated on the people of British
Columbia. Again, maybe the Attorney General’s constituents are upset
about his overseeing what is proving to be a highly manipulated process
— all of the details of this referendum being determined in the secrecy
of cabinet.
[R. Chouhan in the chair.]
No citizens’ assembly, despite the gold standard that’s been
replicated in many other countries around the world with a citizens’
assembly, where it’s recognized that the citizens are at the heart of a
democracy, which means that citizens should be at the heart of any
change to that democracy — including electoral reform change — so you do
that through a citizens’ assembly.
“No. We’re not going to do that here in British Columbia. We’re
going to reduce the threshold for approval from 60 percent plus one to
50 percent plus one. And we’re not done yet,” says the Attorney General.
“We’re going to do away with the regional threshold. There’s not going
to be a 60 percent voter requirement for all the ridings in the province
— 60 percent of ridings to approve. That’s gone as well.”
Why? Because that probably would have killed the referendum, and
that’s not what the Attorney General wants. So we’ll get rid of that. No
minimum turnout requirement. I sure as heck hope they impose some kind
of minimum turnout requirement if 0.7 percent turnout to November 5 is
any indication of what we are likely to expect overall when all the
ballots have been received and counted.
We were promised a very, very simple question — a yes-no question.
Instead, we got a confusing, two-part question. “Let’s make sure that we
make this as difficult as possible for people to participate, so let’s
hold the referendum right on top of the municipal election campaign.
Let’s do that. Let’s not have any advance polls. We’re not going to make
it easy for folks who have to leave the province for some reason to
actually participate in this before they go. Let’s not bother providing
military personnel overseas with a ballot either. Their vote doesn’t
matter much at all either.”
How about the ridiculous spending rules that have been wrapped
around this referendum, which essentially has served to muzzle MLAs in
being able to effectively communicate with our constituents? Absolutely
unacceptable. Not to mention that there are no riding maps and that, in
total, 29 details — critical details — to this referendum are still not
known today and won’t be known until after the referendum is over. That
is absolutely unacceptable.
But it doesn’t end there, because the Attorney General is one
crafty fellow. He’s crafty. He brings in Bill 40, which bestows upon
British Columbians this promise of a second referendum, a do-over.
“Don’t worry about it. We can do this all over if it ends up being a
train wreck.”
Elections B.C., apparently, was even directed to include in their
booklet that was sent out to British Columbians that that second
referendum guarantee was written in stone. “You can take it to the
bank.” No, you can’t. That hasn’t passed this House yet. That is still
before this House, and the last time I checked, there were only nine
sitting days left in this session before we adjourn for the winter. But
let’s just put that in there. Again, another brazen attempt to
manipulate the process.
I mentioned the local election campaign finance reform, where you
can drive a truck through the third-party contribution limits — because
there aren’t any. “Let’s not put those in. That might constrain the
ability of our union buddies from being able to fund and support their
chosen candidates. We’re not going to put that in there.”
How about the fact that this government hasn’t taken any action….
They won’t even acknowledge that foreign money, particularly from the
United States, is playing a huge role now in influencing and
manipulating politics and public discourse here in British Columbia.
U.S.-funded election activism is, apparently, in vogue if you’re a New
Democrat in British Columbia.
These are organizations like Leadnow, Tides Foundation, Dogwood,
the World Wildlife Fund, Corporate Ethics International, Environmental
Defence, the Polaris Institute — I could go on and on — whose sole
objective is to ensure that there are no roads, there is no logging,
there’s no mining, there’s no hydro development, there are no pipelines,
there’s no oil and gas development. “Let’s make sure pipelines don’t get
built in this province. Let’s destroy the aquaculture industry while
we’re at it.” And they do this by raising all of the….
Deputy Speaker: On Bill 53, Member. Bill 53.
[3:35 p.m.]
T. Stone: They do this by raising all of the negatives associated with
everything that I’ve just talked about. But do we see any action from
this government, from this Attorney General? Where is he when you need
him to ride in on his horse to save us from all this foreign influence
of money? It just goes on and on.
We’ve canvassed the union-only requirements in public
infrastructure projects. Let’s just take away the democratic rights of
workers in this province to actually work for the union of their choice
or, God forbid, to actually not work with a union — choose not to
actually be a member of the union. Let’s just take those democratic
rights away.
Deputy Speaker: On Bill 53, Member. On Bill 53.
T. Stone: How about the fixed election day? One of the very first things
that the government did in partnership and cahoots with the Greens was
to give themselves another six months in power by moving the fixed
election date out. Unbelievable.
There is so much this Attorney General has done and is wanting to
do to shape and influence British Columbia’s democracy in, I would
suggest, dark, shadowy and unseemly ways. In talking about the growing
list of examples of this, it almost feels like the Attorney General’s
“shenanigans greatest hits tour.”
There’s so much going on that represents an attack on our
democracy. Each and every one of them is a brazen attempt to manipulate
long-established and tested democratic processes. And this is, of
course, all coming from a gentleman who used to head the B.C. Civil
Liberties Association.
Bill 53 comes down to principles. I have the utmost confidence
that British Columbians from Vancouver to Vanderhoof, from Cranbrook to
Kitimat and from Delta to Dease Lake will see this legislation for what
it is — unparalleled political gall and a shocking display of covering
one’s backside.
That the members opposite would think that it makes sense, let
alone that it’s appropriate and that it’s right to introduce amendments
to recall legislation and to have those introduced by a member, the
Attorney General himself, who will be and is subject to a recall
campaign, is the epitome of arrogance in this chamber from this
government.
I would say that this manipulation of democracy…. I’ve walked
through many examples: these changes to recall, throwing our electoral
system out the window for prop rep, banning big money from politics
except when it suits the government’s purposes, turning a blind eye to
all of this foreign money coming into our province and now wanting to
impose serious restrictions on the rights of British Columbians for the
recall act. This is wrong, and British Columbians deserve so much
better.
S. Cadieux: I’m pleased to take my place on Bill 53. Well, maybe pleased isn’t
exactly the word, considering I’m absolutely appalled that it’s being
introduced at this time. But regardless, I am here today to speak to
it.
The question I have, primarily, with this legislation is: why now?
We reformed the election financing rules back in the spring. This
legislation has been on the books since the early ’90s. Everybody knows
it exists. There are no surprises here. So why wasn’t this fixed in the
spring?
Now, this legislation is rarely used. Only one of 26 recall
petitions have even come to a remotely successful conclusion. With that,
the MLA chose to resign. What’s the rush? It’s not like this is being
abused. It’s not like citizens are willy-nilly deciding they’re going to
recall an MLA and go out and have success in that endeavour.
The bar set by this legislation when it was introduced in the ’90s
made sure that wouldn’t happen. It was crafted carefully. The thresholds
were set to ensure that there had to have been an egregious circumstance
that riled up enough — in fact, 40 percent — of all of the voters in the
previous election that they would sign a petition. It has to be done in
60 days.
[3:40 p.m.]
We know, and I know you know, Mr. Speaker, that in an election
campaign, it’s impossible to reach every voter, every doorstep, and we
know when elections are coming. So 60 days is a very short time period
in which to create the knowledge of and to drive the signatures required
for a successful recall campaign.
Even back in 1995, the financial spending limits set for these
recall conditions were so stringent that it would be impossible to spend
enough money to let enough people know that this was
happening.
I understand the government’s position on getting big money out of
politics and, in fact, support the effort. But that is not what this is
about. There’s no big money in recall campaigns. There’s no evidence
that there’s big money in recall campaigns. Again, I support the general
effort to…. Or I would support legislation that would align this
legislation with the legislation we already passed, but it doesn’t do
that. In fact, what I think this looks like is more about getting
people, getting the voters, out of recall campaigns than getting the
money out.
We are in the middle of the referendum on electoral reform. Right
now citizens are deciding how we will or will not be elected to this
place. If there is a change, then this legislation, this Recall and
Initiative Amendment Act, would need a wholesale rewrite. Why right now
is it so essential that we go in and rewrite all the rules related to
recall in situations where we’ve never seen a successful one tabled to
this day? What’s the rush?
There’s plenty of time and there’s plenty of legislation currently
on the docket that we need to run through. In fact, we saw three new,
hefty bills introduced today. So there is lots to discuss, and the same
level of scrutiny should be given to those bills. Instead, we’re having
to give scrutiny to this one.
Let’s see why. Could it be because there are already a number of
groups apparently organizing to launch and be ready to launch recall
campaigns? Could it be that one of those campaigns is very, very openly
targeting the Attorney General himself? Could it be that such a
potential effort could be very embarrassing to a government in the
middle of a referendum campaign?
Could it be that the government is nervous that a recall campaign,
under the Recall and Initiative Act without amendment, could actually be
successful against the Attorney General? Could it be that the Attorney
General’s constituents are so upset with him and the government’s
decisions that he’s nervous about that? Because I just don’t see the
rush.
Could it be that the Attorney General knows that there is this
potential campaign against him that is being organized? Otherwise, why
do we need to bring this here now?
The member for Chilliwack-Kent made a good point. I’m going to
quote what he said. He said that the Recall and Initiative Amendment Act
contains within it this little amendment that “once the Chief Electoral
Officer approves a recall campaign application, no other recall campaign
can start against that MLA.” What a giant change in just a few words —
taking away the ability of a citizen to independently launch a recall
campaign should they deem that to be necessary against their
MLA.
[3:45 p.m.]
Wasn’t the whole purpose of the recall act to give to the voters
the right to say, “I am not satisfied with my representation. I am so
concerned that I am willing to take the incredible time and energy
required” — not to mention the personal sacrifice in putting themselves
out there to talk to their neighbours — “to say: ‘I want you to sign
this recall for our MLA because I don’t believe they’re doing what they
said they would do for us’”? Isn’t that what this was about?
I believe it was. But with the addition of just a few words in
this act, the Attorney General seeks to limit that ability. Well, that,
indeed, looks incredibly self-serving at this moment in time.
I would agree with the member for Chilliwack-Kent, when he says
that none of this makes for more accountable government. If the
government, for some reason, is seeking to choke out a recall campaign
under their watch, it is particularly suspicious that they’re doing it
when numbers are so close in this House.
Government cannot afford to lose a member, even if that member
does not represent his or her constituents, even if they’re not doing
what their constituents want, even if they’re doing the very opposite of
what their constituents want, even if the MLA does something egregious.
The NDP are going to make sure that an MLA is safe by setting in place a
huge number of practical barriers to a recall. The member for
Chilliwack-Kent hit this on the head.
You know, it could be that government is trying, with this
legislation, to hit a nerve with the opposition, to try and deflect from
the other pieces of contentious legislation that they’ve got on the
books today.
The employer health tax that double-dips — maybe they didn’t like
the conversation that was happening in this House on that. Maybe they
were tired of the conversation being had in this House on the
speculation tax that doesn’t deal with speculation. Or maybe they were
tired of having a conversation in this House about the referendum
amendment act — the act designed to give government just a little bit of
insurance on the referendum.
It’s certainly easy to see why the government would be nervous.
But let’s be clear about a few things. It absolutely makes sense to
align reforms on election financing with the Recall and Initiative Act
at some point in time, absolutely, and I don’t think a $1,200 limit is
unreasonable in that context.
However, this legislation goes too far. It suggests that an
individual citizen who wants to recall their MLA, regardless of party
affiliation, can only donate $1,200 a year to any such endeavour. Well,
I don’t see how those two things should be connected.
What if a member of the B.C. Liberal Party, who, in the past or
even in the year, has donated the maximum to my party in support of me,
and then I do something that they really find egregious? Why should they
not be able to donate $1,200 to an endeavour to recall me? I would think
they should be able to do that. I don’t think they should have their
hands tied by the party that normally they would support, or any other
party. I think this goes too far.
The municipal elections just happened. With that, we saw numerous
examples of a giant loophole that we pointed out to the government
during the discussion around the electoral finance reform legislation in
the spring that they refused to close.
[3:50 p.m.]
What did we see? Well, lo and behold, people saw fit to use that
loophole, a loophole that allowed unions the big money we’re trying to
get out of politics. According to the Premier, corporate and union
donations are what we were trying to fix, yet unions were paying staff
members to work on campaigns.
Well, that’s big money in politics. I don’t know about you, Mr.
Chair, but I know in my campaign, one of the things that was the biggest
part of a campaign was the volunteer labour. Now, in my campaign, it was
volunteer. It was my parents. It was my friends, on their own time, on
the weekend, working hard to help me get elected. That’s how it should
be.
People should not be there because their employer tells them: “No,
don’t come to work today. You’ll keep getting your paycheque, but you go
work on this campaign. We need to get this person elected, because
they’re friendly to us.” That is exactly what we were trying to prevent
with election finance reform, yet the NDP left that giant loophole
there.
And whoa, to our surprise, that giant loophole is right here in
this attempt to fix the Recall and Initiative Act. It’s such a rush that
we must do this right now in case a recall is launched at the 18-month
mark against someone in this Legislature, perhaps the Attorney General.
“We must fix this legislation, but we mustn’t close the loophole that
allows for unions to donate staff to campaigns.” Well, I think that’s a
pretty big oops.
Again, I understood this legislation, it being on the books —
understanding that it was there and it was an option for constituents.
For me as a voter, prior to being elected, I understood that this Recall
and Initiative Act was there to provide voters with more opportunity to
engage in democracy. I believe that the government actually believes
what they say about wanting to improve democracy and improve engagement
in democracy, but with this act, I believe they’ve taken a giant leap in
the wrong direction.
How is it that this act is ensuring that independent citizens are
the power behind local campaigns? It isn’t. It certainly doesn’t seem to
be in keeping with the spirit of the legislation of getting big money
out of politics. For the government to now put forward yet another bill
that fails to deal with a loophole that everyone is aware of is either
completely incompetent or completely self-serving. I would believe that
it is probably the latter.
I think we should just hold on to this bill and say no to it for
now. I believe that we should come back to it and align it, properly
align it, with the election finance reforms that were made earlier and
with the ones that — we, again, have seen evidence — need to still be
fixed. So we’re going to have to do that.
I certainly think we should wait until after a referendum that is
currently underway, with an incredibly dismal turnout so far, but that
could potentially — even with a potentially dismal turnout — change the
way we elect members to this House.
[3:55 p.m.]
If that happens and a move to proportional representation passes,
then we certainly know that we will need to make significant changes yet
again to the Recall and Initiative Act.
At this point in time, neither the Attorney General nor any member
of government that I have heard has been able to stand in this House —
or in the hallway — and give any sense of how the Recall Act would work
under proportional representation under one of the three proposed
systems. I mean, how would it work?
If MLAs are appointed from lists, then how do you recall one of
those? Perhaps the process would be similar. But if no one actually
voted for that member, and they were appointed from a list, even if the
recall was successful, how would you fill a vacancy? No one has been
able to answer that question either, and it’s fundamental to removing a
member from the House — how one would then be chosen to replace them.
These are legitimate questions with no answers.
Clearly, should the electorate vote for change, this act would
need to be amended to deal with those issues. So clearly, we are going
to need, potentially, to come back in as little as six months and amend
this. What’s the rush today?
I haven’t heard, from any member on this side of the House, a big
concern about changing the way recall works because any of us are afraid
that we could be recalled. It’s equally as big an opportunity for a
member of this side to be recalled. And because there have never been
any successful recall campaigns, we’ve never heard about big money being
a problem. We’ve never heard about money being a problem, considering
you can only spend $25,000. What is the rush?
I’ll tell you another thing that’s problematic about this and
what’s making me skeptical about why it’s being introduced now. It’s why
it’s so necessary right now to deal with third-party advertising beyond
the restrictions and to make it more difficult for third-party
advertisers to participate in a recall campaign beyond the restrictions
imposed for by-elections that only last 28 days when a recall session is
60. It would stand to reason that, over 60 days, one would be able to
spend a little more money. You have a little more time; spread it out a
little bit. But there’s no rationale for this change. There’s no
argument for why this threshold was set.
I just really believe that consistency between legislation
surrounding elections — how people do or do not get elected to this
place and how people do or do not get unelected from this place — seems
like a reasonable request. That’s why I really see this coming to the
House now as self-serving and, frankly, based in fear. I don’t see how
limiting participation increases democracy.
Right now, we’re in the middle of the referendum. Now, it’s a
flawed process, or a rigged game. As people have started to tune in and
get informed about the referendum, they’ve said to the Premier: “Jeez.
You reneged on that promise. You told us it was a yes-or-no question,
and it’s not.”
[4:00 p.m.]
As they get informed, they see that the question is: would you
like to keep first-past-the-post, or would you like to switch to
something else? Then they get asked to choose from three vaguely
described — two almost hypothetical — systems. People have started to
realize that some of these systems could include closed lists. It’s
right there in the report from the Attorney General. So now, right now,
in the middle of the referendum, we see a Premier and cabinet scrambling
to tell us that they don’t support closed lists.
Interjection.
S. Cadieux: Perhaps the minister would like to take a chance responding to the
legislation, when she has her turn, instead of shouting little quips
from the other side.
N. Simons: “Bill 53” is what she said.
S. Cadieux: I heard what she said. My comments are very much related to Bill
53, because it’s questionable why Bill 53, the Recall and Initiative
Amendment Act, is important right now in the middle of a referendum
campaign. These things are all tied together. They’re tied together,
because we don’t have answers to how this act would be affected by the
outcome of a referendum.
And we now hear, in the middle of a referendum: “Oh no, the
Premier and cabinet don’t support closed lists.” But it’s right there as
an option in the same document that was approved by cabinet, laying out
the referendum.
So the government must be feeling the heat. Instead of rushing
this process for their own benefit and the benefit of the other folks
keeping them in office, they could have had a citizens’ assembly to keep
the question non-political. But they chose a political route to define
the question, and now they’re backtracking on the content of
that.
Deputy Speaker: Member, let’s talk about Bill 53.
S. Cadieux: I am, Mr. Speaker, talking about Bill 53. I’m talking about how
the two pieces of legislation are inextricably linked and why I can’t
support the amendment of the Recall and Initiative Act when I don’t know
the outcome of a referendum.
The ballots haven’t been counted; we don’t know the outcome. Maybe
we will change; maybe we won’t. Maybe there’ll be closed lists; maybe
there won’t. But we don’t have any of the answers to those questions.
All of that has implications for how a recall campaign would or would
not happen and how a member’s seat, should they be recalled, would or
would not be refilled.
It’s all too convenient — this legislation, the Recall and
Initiative Amendment Act, with its selective amendments that make recall
even more difficult than the rules that exist today and that haven’t
seen one success in over 20 years. In over 26 attempts, not one success.
Why? Because it’s difficult. Not one complaint about the interference of
big money, but it’s urgent on the part of the government that this be
done right now, today. That is why we’re seeing this here today, as a
part of a suite of changes.
This is an attempt to block the efforts of citizens to recall the
very person who has introduced the bill. It reeks, and it’s as simple as
that. The timing is suspect. The amendments are overreaching. It’s
another attempt to sway the rules in favour of an outcome, and it’s
infringing on democracy. It’s doing the exact opposite of what the
government professes to be doing, which is making positive changes for
democracy and having more voices included. This is going to include less
voices, by the very nature of the amendments. Less voices.
[4:05 p.m.]
While I support amendments to limit financial contributions, to
make amendments that line the legislation up with the previous changes
made to election finance reform, that is not what we have here
today.
This House has lots of work to do, and we are constantly told why,
by ministers, “We can’t possibly see the change to this or the change to
that,” like pay equity or amendments to ensure that people have access
to accessible housing. No, those things…. The government is just too
busy with legislation to do those things. So why would we waste this
House’s time on this legislation when we have, at minimum, a realistic
prospect of needing to come back and fix it again in six
months?
The voters own the right to elect all of us, and we have the
privilege, if elected, to serve here and discuss and debate legislation
that should serve the best interests of all British Columbians. This
legislation to me looks to serve the best interests of a very few.
Because of that, I will not be supporting it.
T. Redies: I rise, like my colleagues, to speak to Bill 53, the Recall and
Initiative Amendment Act. While a relative newcomer to this House, I
think I’ve been around long enough to smell a rat. Mr. Speaker, I have
to say that I smell a rat with this Bill 53 legislation.
The fact that this legislation was introduced eight days before
the recall of the Attorney General was to begin, I must say, smacks of
self-serving intent. Whether it’s pretending that he’s a so-called
neutral arbiter of the proportional representation referendum or now
introducing legislation that seems to be designed to save his political
seat, this Attorney General appears to be acting out of self-serving
interest. The cynical among us can’t be blamed for thinking this might
be a last-ditch effort to make sure the Attorney General isn’t
successfully recalled in his riding.
Some with any background in conflict-of-interest matters might
actually think the Attorney General is not acting with the public’s best
interests in mind. Instead, some might think he is demonstrating a
remarkably blatant and self-serving predilection to preserve
himself.
It wouldn’t have taken a rocket scientist to figure out that the
housing tax measures contained in Budget 2018 would cause serious
concern to constituents in the Attorney General’s riding. The Attorney
General is a smart man, so it would certainly be surprising that he
didn’t make that connection almost immediately. His riding, along with
West Vancouver, is the hardest hit by the government’s housing taxes in
the province. Many of the Attorney General’s constituents are facing a
doubling or a tripling of property taxes, mostly from the ill-conceived,
surreptitiously named school tax on homes worth over $3 million. And the
Attorney General’s constituents