British Columbia Hansard — Monday, November 26, 2018, p.m., Issue 192 (41st Parliament, 3rd Session)
20181126pm-House-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, November 26, 2018
Afternoon Sitting
Issue No. 192
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 M223 — Miscellaneous Statutes (Passenger
Transportation Services) Amendment Act, 2018
J. Sturdy
Statements (Standing Order 25B)
Days of Activism campaign against gender-based
violence
M. Dean
Hazel Pietila
J. Sturdy
Fire hoses and safe driving
J. Routledge
Sexual consent
J. Thornthwaite
Leonard Krog
D. Routley
An Evening for the Animals SPCA fundraiser
S. Bond
Oral Questions
Role of Attorney General Ministry in legal advice
on administrative leave motion
A. Wilkinson
Hon. D. Eby
S. Bond
Excavation in Shawnigan Lake area and permit
application
S. Furstenau
Hon. M. Mungall
Role of Attorney General Ministry in legal advice
on administrative leave motion
J. Johal
Hon. D. Eby
Legislature investigation and legal advice on
administrative leave motion
L. Throness
Hon. D. Eby
T. Stone
M. Stilwell
P. Milobar
M. Lee
M. de Jong
Tabling Documents
Budget 2018, second quarterly report
Office of the Conflict of Interest Commissioner, annual report,
Petitions
P. Milobar
D. Ashton
Standing Order 35 (Deputy Speaker’s
Ruling)
Request to debate a matter of urgent public
importance — administrative leave for Clerk and Sergeant-at-Arms
Orders of the Day
Motions Without Notice
Powers and role of Finance Committee
Appointment of Special Committee to Appoint a Human
Rights Commissioner
Hon. M. Farnworth
Committee of the Whole House
Bill 55 — Passenger Transportation Amendment Act,
2018 (continued)
Hon. C. Trevena
J. Sturdy
A. Olsen
T. Stone
T. Shypitka
Report and Third Reading of Bills
Bill 57 — Attorney General Statutes Amendment Act,
Committee of the Whole House
Bill 55 — Passenger Transportation Amendment Act,
2018 (continued)
J. Sturdy
Point of Order (Chair’s Ruling)
Committee of the Whole House
Bill 55 — Passenger Transportation Amendment Act,
2018 (continued)
J. Sturdy
Hon. C. Trevena
T. Stone
A. Olsen
Hon. L. Beare
J. Thornthwaite
Report and Third Reading of Bills
Bill 47 — Health Sector Statutes Repeal
Act
Third Reading of Bills
Bill 51 — Environmental Assessment Act
Committee of the Whole House
Bill 55 — Passenger Transportation Amendment Act,
2018 (continued)
J. Sturdy
Hon. C. Trevena
A. Olsen
T. Stone
Report and Third Reading of Bills
Bill 54 — Lobbyists Registration Amendment Act,
Committee of the Whole House
Bill 55 — Passenger Transportation Amendment Act,
2018 (continued)
J. Sturdy
T. Stone
J. Thornthwaite
Hon. C. Trevena
A. Olsen
Reporting of Bills
Bill 55 — Passenger Transportation Amendment Act,
Third Reading of Bills
Bill 55 — Passenger Transportation Amendment Act,
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 57 — Attorney General Statutes Amendment Act,
2018 (continued)
J. Yap
Hon. D. Eby
A. Weaver
M. Lee
Bill 47 — Health Sector Statutes Repeal
Act
Hon. A. Dix
J. Isaacs
N. Letnick
Bill 54 — Lobbyists Registration Amendment Act,
M. Lee
Hon. D. Eby
A. Weaver
Bill 52 — Agricultural Land Commission Amendment
Act, 2018
I. Paton
Hon. L. Popham
D. Davies
B. Stewart
M. Bernier
M. Hunt
MONDAY, NOVEMBER 26, 2018
The House met at 1:35 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
Hon. J. Darcy: We’re very fortunate to have a family visiting from New Westminster
today — their first trip, I think, with their children to the Legislature.
Andrea Spence is a Crown counsel lawyer with the B.C. prosecution service
currently working in the Richmond courthouse, and Devin Schellenberg is the
head of the radiation oncology department at the B.C. Cancer Agency in
Surrey. With them are their two children, Cora Schellenberg, who’s in grade
2 at École Herbert Spencer Elementary, and Emery Schellenberg, who is in
preschool.
They visited the B.C. museum yesterday. Today they’re here in the
Legislature because they want to introduce their children to how government
works. I will ask the entire House to please make them very welcome and hope
that we show them the best of what happens in this chamber today and not the
worst.
Hon. J. Horgan: If the members will indulge me, I have an embarrassment of
introductions today.
Firstly, of course, I was joined this morning by the consul general
for Ireland, Frank Flood, who was bringing greetings from the Emerald Isle.
We talked about a range of issues. He’s welcoming everyone here to visit
Ireland anytime soon, and I encourage members from the opposition to do that
in the next number of days. The rest of us, wait until the House is
recessed.
I also want to introduce His Excellency Thomas Winkler, the ambassador
to the Kingdom of Denmark, who’s with us in the gallery today. Of course,
members will know that we have an outstanding relationship with Denmark.
They will be playing in the World Junior Hockey Championship right here in
Victoria and Vancouver, over the Christmas break. I look forward to talking
to the ambassador about that as we meet this afternoon.
I also want to acknowledge, and all members will join me in this….
Shane O’Grady from protective services and his wife, Alicia Hardy, welcomed
Cora, 6 pounds 14 ounces, on October 1. Shane is one of the people who do
diligent work for all of us here in the Legislature. I know that members
will want to congratulate the arrival of Cora.
Lastly, I want to speak about the James Bay Elementary child care
group; 27 people not bigger than this were by, in my office today. They were
sitting out in the rain eating their snacks, and I thought I’d bring them in
out of the cold. We had a delightful chat about: “What was that flag? What
was that flag?” Among them was the grandson of my best friend; Desi Finnerty
was here today. Would the House please congratulate Desi for getting into
the building assisted.
And to all the others who are with us today, would the House please
make them very, very welcome.
Hon. K. Conroy: As we all know in this House, we all have incredible staff, and I’m no
different. In the gallery today is Kaitlin Morton, who’s my amazing admin
assistant. She has some guests here in the gallery that have come to observe
us on our last couple of days. They wanted to come for question
period.
With her are her parents, Randy and Marie Morton, and they’re from Oak
Bay; as well as her friend, Trinity MacRea; and Trinity’s mom, Christine.
Also with Trinity is her 12-year-old son, Jack, who, I’ve heard, is very
interested in hearing what happens in QP. Again, I say he’s 12, and if all
members could remember that when we head into question period. But would you
join me in all making them very welcome.
M. Dean: Today I was privileged to be part of a round table hosted by the
Premier to launch our commitment to 16 days of activism against gender-based
violence.
[1:40 p.m.]
It was my honour to be joined by Chastity Davis from the Minister’s
Advisory Council on Indigenous Women; Ninu Kang from MOSAIC; Angela Marie
MacDougall from Battered Women’s Support Services; Linda Amy from the
Victoria Sexual Assault Centre; Karen Martin from the Disability Alliance of
B.C.; and Elba Bendo from West Coast LEAF. They’re all in the gallery now.
Would everybody please make them very welcome.
Hon. J. Sims: It’s my pleasure to welcome into the House — I know all of you will
join me — Jasbir Dhaliwal, Avatar Sahota and Rashpal Kaur Atwal. These three
amazing women are here because they’ve dealt with some pretty significant
issues. They’ve had an amazing journey. They’re here to keep their daughter
company and to be here to witness the 16 days of action for gender-based
violence.
I’m hoping all of you will welcome them. They’re very proud of their
daughter Ninu Kang for the work she has done in this area.
Hon. G. Heyman: Joining us in the gallery today are a number of staff from the
assistant deputy minister offices in the Ministry of Environment and Climate
Change Strategy, the information and records management team and
correspondence unit. They’re here to watch all of us today and expecting us
to be on our very best model behaviour during QP.
I would ask the House to join me in welcoming Waheema Asghar, Marilynn
Quigley, Deborah Carroll, Sabrina Cousins, Chelsea Delaney-Spindler, Diana
Ainsworth, Julia Fedoruk, Kirsten Hundza, Shawne Muller, Nick Pinheiro,
Rebecca Westley, Jennifer Verge, Jelene Baker and Sara Nicoll.
J. Rice: Today from the Yahgulaanaas clan of the Haida Nation, Tamara Davidson,
or Laanas, is in the House. Tamara has over two decades of experience
working with the federal government and two decades of experience working
with First Nations relationship-building with all levels of government. She
has much experience with policy and planning, advisory work, and she’s the
former visitor experience manager of the Gwaii Haanas National Park. Tamara
has recently moved to Victoria. I would like the House to please make her
feel welcome.
Hon. C. Trevena: They’re not in the gallery at the moment but will be coming in
shortly, and some have already been through this House. We have, in the
precinct today, 36 students from Carihi, one of the two secondary schools in
Campbell River. They are grade 10 students who are here with their teacher,
Matt Moore, learning about the way that our government works from practice.
Hopefully, when they come in, they will be able to observe the intrigues of
House will make them all very welcome.
S. Furstenau: I’m absolutely delighted to introduce two young women who are here
today in the gallery and, indeed, spending the day here at the Legislature
to learn more about it. Lena Price and Juliet Watts are second-year
political science and public administration students at UVic. They’ve come
to learn about this place more.
I know it seems like I’m being generous with my time by having these
young people shadow me. In fact, it’s their generosity that helps me,
because it really gives me so much hope to meet young people who are so
engaged and so invested in making a better future for this world. Would the
House please make them feel welcome.
Introduction and
First Reading of Bills
BILL M223 — MISCELLANEOUS STATUTES
(PASSENGER
TRANSPORTATION SERVICES)
AMENDMENT ACT, 2018
J. Sturdy presented a bill intituled Miscellaneous Statutes
(Passenger Transportation Services) Amendment Act, 2018.
J. Sturdy: I move that a bill intituled Miscellaneous Statutes (Passenger
Transportation Services) Amendment Act, 2018, of which notice has been
given in my name on the order paper, be introduced and read a first time
now.
British Columbians are disappointed that the NDP appear to be
setting up ride-sharing to fail in this province. This bill, in
contrast, paves the way for ride-sharing in British Columbia to thrive,
thus providing more choice and convenience for consumers.
[1:45 p.m.]
It allows for a level playing field for existing and new
operators, including driver’s licence and vehicle standards, insurance
requirements and service and supply flexibility; standardized provincial
licensing; safety, enforcement and consumer protection requirements;
removal of red tape and overlap within the system, which will save all
drivers money; removal of restrictions related to supply so that the
number of providers on B.C. roads from both existing and new operators
would be determined by consumer demand; removal of boundary restrictions
so that drivers have the same access to provide services wherever and
whenever a passenger needs a ride; removal of local government ability
to require chauffeur permits, business licences and other restrictive
requirements; and provisions to ensure availability for accessible
services.
This bill would also provide a framework for replacing class 4
driver’s licence requirements with a class 5 requirement for drivers of
both existing and new operators and ensuring that a level playing field
is in place that supports consumer and driver safety, including a
minimum of 19 years of age for drivers and a possession of an
unrestricted driver’s licence, criminal record checks, driver record
checks and vehicle inspections.
As well, this bill would facilitate the provision of automobile
insurance for all new operators, allowing for the possibility of such
insurance to be provided by private sector operators in a timely manner,
all the while ensuring a level playing field related to insurance
coverages and costs for both existing and new operators.
It’s time to welcome ride-sharing to British Columbia and to do so
now with this bill — not years from now, if ever, with the government
bill.
Mr. Speaker: Members, the question is first reading of the bill.
[1:50 p.m.]
Bill M223, Miscellaneous Statutes (Passenger Transportation
Services) Amendment Act, 2018, introduced and read a first time on the
following division:
YEAS — 44
Furstenau
Olsen
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Isaacs
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Reid
Letnick
Thomson
Larson
Foster
NAYS — 41
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Weaver
Glumac
J. Sturdy: I move this bill be placed on the orders of the day for second
reading at the next sitting of the House after today.
Bill M223, Miscellaneous Statutes (Passenger Transportation Services)
Amendment Act, 2018, ordered to be placed on orders of the day for second
reading at the next sitting of the House after today.
Statements
(Standing Order 25B)
DAYS OF ACTIVISM CAMPAIGN
AGAINST GENDER-BASED
VIOLENCE
M. Dean: Yesterday marked the beginning of the United Nations 16 Days of
Activism Against Gender-Based Violence. Everyone has the right to feel
safe in their home and their community. Yet I know, from my own
experiences and the stories of countless others, that women and
transgender and non-binary people continue to face gender-based violence
in every aspect of their life.
In B.C. alone, there are over 1,000 physical or sexual assaults
against women every week. We know that Indigenous people, people of
colour, immigrants, people with disabilities and LGBTQ2S individuals are
significantly more likely to be the target of gender-based violence,
harassment and discrimination.
It is our responsibility to ensure that their voices are
acknowledged and heard and to do all we can to make our communities
safer. I’m proud to be part of a government that’s working to advance
gender equity and provide the supports people need and to see the
investments we’ve made in programs and services for people who have
experienced violence.
We know that having a safe place to turn is vital. No one should
ever have to decide between staying in an abusive relationship or being
homeless. That’s why we’re working with community partners to build
1,500 new homes for women and children who are seeking a refuge from
violence.
We couldn’t do this work without our partners. I want to thank
everyone who has stepped up to fight gender-based violence in all its
forms.
To all who have experienced gender-based violence, you are not
alone. We hear you. We believe you, and we will continue the fight.
Together we can end gender-based violence.
HAZEL PIETILA
J. Sturdy: I am pleased to rise today to recognize a woman in my community
who is truly inspirational. Hazel Pietila of Pemberton is more than a
centenarian. She recently just turned 102. I was honoured to join Hazel
and her family and friends for a celebration of her birthday. The
afternoon of cake and stories was hosted by the Pemberton Valley Senior
Society.
[1:55 p.m.]
Hazel moved to the west coast from Ontario in the early ’70s as a
young parent, with her late husband, Bill, and their first son. The
family settled first in D’Arcy, more than an hour north of Pemberton on
the shores of Anderson Lake. Hazel and Bill had 11 children in all —
seven boys and four girls — and Hazel is now the proud matriarch of more
than 100 grandchildren, great-grandchildren and
great-great-grandchildren.
Over the many years that Hazel has lived in Pemberton, she’s been
heavily involved in the legion, the Ladies Auxiliary and the church. Hip
surgery and a bad knee have recently slowed Hazel down a bit, but she
gets around well with the aid of a walker and lots of help from her
family and friends. Travel and family reunions have been part of
ensuring the large family stays connected.
I was pleased that Hazel was willing to participate in the recent
Remembrance Day ceremony in Pemberton, where she laid the wreath on
behalf of the province of British Columbia.
Hazel attributes her longevity to working really hard for most of
her long life, in combination with family, which sounds like a great
formula, and of course, living in a small, connected community like
Pemberton has helped. “You couldn’t wish for a better place. It’s just
wonderful, a wonderful place to be,” said Hazel.
Hazel, as a Pemberton resident myself, I know that Pemberton is a
great place, in no small part because of you.
FIRE HOSES AND SAFE DRIVING
J. Routledge: Well, it happened again. This time in Burnaby. This time on
Halloween night. Vehicles drove over a fire hose charged with water
while firefighters were battling a second-alarm structure fire. In fact,
five vehicles drove over that same hose that night. One driver even
tried to justify it by saying: “Well, I just live over there.” That’s no
excuse.
The dangers of driving over fire hoses have gotten a lot of media
coverage, but for anyone who missed the story, let me
summarize.
Driving over an uncharged line could damage the internal water
jacket, making the hose useless. Charging the damaged hose could result
in catastrophic failure, rupturing it, possibly injuring firefighters or
bystanders as well as delaying getting water to the fire — or worse. In
January, a Vancouver firefighter was knocked off his feet by a fire hose
that was dragged under a car that was leaving the scene. He ended up in
the hospital, and he is still off work almost a year later.
Driving over a fire hose that is fully charged with water is even
more dangerous. It can cause the hose to whip around with tremendous
force, leading to serious injury to first responders and to bystanders.
You might even damage your vehicle.
The fire hose is the firefighter’s lifeline. When you drive over
the hose, you could be cutting off their water supply. Any disruption to
the water supply puts in danger the lives of both firefighters and the
people they are rescuing.
Let’s make a commitment to be good citizens. Let’s not be in such
a hurry to get to where we’re going. Let’s pay attention when we see
emergency vehicles. Let’s not be tempted to ignore the barriers and the
orange cones or the instructions of the firefighters. Let’s save
ourselves the $81 fine. But most importantly, let’s save some
lives.
SEXUAL CONSENT
J. Thornthwaite: Yesterday started the 16 days of activism against gender-based
violence. This year’s theme is #myactionsmatter. It’s a call to action
that asks everyone to take concrete steps to question, call out and
speak up against acts of gender-based violence. What can you do? Listen,
believe, speak out, intervene or act.
Two very special young women in my life have chosen to act. They
want to meet the Minister of Education to help develop policies about
consent in our high schools. They congratulated our government’s work on
sexual assault policies in the post-secondary system, but they said that
that is far too late. Some boys have already learned what they can get
away with by that time, in grade 8, so at a minimum, it’s got to start
there.
I quote one of the young women. “I lost my virginity at 14. I
didn’t know what was happening to me. He told me if I loved him, I had
to have sex with him. I said no. He did it anyway. I didn’t know at the
time that I was raped.” She went on to say that young people are not
educated on what consent is, that you can be raped when you are in a
relationship.
[2:00 p.m.]
Tea and Consent is a powerful PSA by the British Thames
police that really drives home, in simple terms, what consent is. In
less than three minutes, the video explains that even if you invite a
guest over for tea and they agree to join you, if they change their mind
and say they don’t want tea, then don’t force them to drink tea — and
certainly don’t pour it down their throats when they’re
unconscious.
Unconscious people don’t want tea. They can’t answer the question,
“Do you want tea?” because they are unconscious. If they say they don’t
want tea, they don’t want tea. Don’t make them drink tea if they say
they don’t want to.
The law is clear. Sex without consent is rape, and consent is
everything.
I hope the minister will meet with these two brave young women so
that not one more girl has to live through being forced to drink tea
with someone they didn’t want to, even if they agreed to the tea party
to begin with.
LEONARD KROG
D. Routley: It gives me great pleasure and honour to stand and speak about my
dear friend, the member for Nanaimo. The member for Nanaimo — his
grandma Euphrates brought him into politics, exposed him to the ideas
and democratic socialism that he so was committed to. His father, Doug,
died when he was four, in a workplace accident. He drowned. His mom,
Eileen, raised four kids on her own. The member for Nanaimo was the
youngest.
His wife, Sharon, a lawyer — they shared a practice. His son,
Parker, a lawyer now in the family business. And Jessica, their
daughter, is a student at Vancouver Island University.
The member comes from Coombs, a small town where he says he grew
to understand poverty — the injustice — and made a commitment to fight
that. He’s won five provincial elections and now has won a landslide
victory as the new mayor of Nanaimo.
His story reads like an historical novel of Nanaimo. His
characteristics are those of steadfastness. He’s a bridge builder, he’s
loyal, he’s selfless, he’s consistent, and he’s devoted. This is
testimony.
As Deputy Whip when we were in opposition, I grew to respect the
versatility and talents of the member for Nanaimo. We all — those of us
lucky enough to witness him in those days — could understand how he
could stand up at a moment’s notice and give a half-hour dissertation on
recycling legislation and draw the obvious connection back to the Magna
Carta. This was the style of the member for Nanaimo as a
legislator.
He’s an encyclopedia. He’s a historian. He could also reach into
the language of the sawmill green chain. If you crossed swords with the
member for Nanaimo in public debate, it would take time for you to
understand just what a Krog critique meant. His insults came with
footnotes. In fact, those who were dispatched by the member would go
away to do research to understand just how severe the rapier dispatch
was.
We all, here, represent. Some of us, the best of us, come to be
representative. We’re all part of our communities, but some of us become
part and parcel. Leonard belongs to the people of Nanaimo. He’s theirs,
not just one of them. So it is with my friend. He echoes the grace and
eloquence of bygone days, keeping principles relevant always.
Thank you, Leonard Krog.
AN EVENING FOR THE ANIMALS
SPCA
FUNDRAISER
S. Bond: We recently had the privilege of attending the BC SPCA north
Cariboo district’s third annual An Evening for the Animals. The evening
would not have been possible without amazing sponsors like the Hart
Family Veterinarian Clinic, Northern Dynamic Metalworks, Jack and Jill
Embroidery and many more community supporters, not to mention the hard
work of the BC SPCA staff and dedicated volunteers.
We were very pleased to be joined by Craig Daniell, CEO of the BC
SPCA, who gave us an update on the exciting agenda for Prince George and
our region. The gala was a major fundraiser, and it did not disappoint,
with almost $63,000 being raised during the evening.
Perhaps the most touching part of the night was a look back at the
incredible efforts that were undertaken to support animal evacuees
during another summer of devastating wildfires. It is hard to capture in
words the extraordinary work that was done by the BC SPCA and other
animal rescue organizations to ensure that hundreds of animals were
cared for in a loving way.
[2:05 p.m.]
Not only was that important for the animals, but for their
families as well. Often one of the first questions heard at the
evacuation centre was about the well-being of a beloved family pet. The
large number of animals evacuated meant that the BC SPCA had to open a
second temporary shelter to accommodate a variety of animals.
Every day an army of volunteers supported the staff by walking,
feeding and cuddling when required. Many others stepped up and
generously donated supplies and food. I want to express my heartfelt
gratitude to everyone who was involved in this critical part of the
wildfire response.
By any measure, the BC SPCA winter gala was a success. We
certainly look forward to supporting it again next year.
Oral Questions
ROLE OF ATTORNEY GENERAL MINISTRY
IN LEGAL ADVICE ON
ADMINISTRATIVE LEAVE MOTION
A. Wilkinson: The events of the past week have been unprecedented, certainly, in
this building and in this province. We’re not aware of any precedent
anywhere else in the world for the events of the past week.
These events cried out for careful legal consideration, and our
providing that legal advice. It is, of course, up to the Speaker to
decide whether to recuse himself from these questions, because the
factual basis is entirely connected to the Speaker’s conduct. These
questions are not about the ongoing police investigation, and they are
not about the special prosecution.
On the evening of November 19, the Speaker recommended to the
three House Leaders that a motion be moved to put the Clerk of this
House and the Sergeant-at-Arms on administrative leave.
The question comes up to the Attorney General. Did the Ministry of
Attorney General receive any request for legal advice related to this
matter from the Speaker prior to the meeting on the evening of November
19?
Hon. D. Eby: Now, I know that the member knows that there is an active police
investigation. I know that the member knows that special prosecutors
have been appointed. So I struggle to understand why the member doesn’t
understand how important it is that that proceed in all of its elements
without interference from this place. With that said, I won’t be making
any further comment on this matter.
Mr. Speaker: The Leader of the Official Opposition on a
supplemental.
A. Wilkinson: This is becoming a quickly tired line of response from this
government. The public are greatly distressed about the events of the
last week, particularly involving the man in the chair and the conduct
of the people in his office. The public are entitled to know the facts
about what happened last week. Saying that the investigation itself by
the police and the involvement of the special prosecutor somehow puts a
complete cloak over this and makes it impossible to answer questions is
a complete evasion of the responsibility of this government.
That’s why we have this House. That’s why we have a parliament to
provide for accountability for everyone in the room: because we
represent 4.9 million British Columbians, and they are expecting some
answers on this. To have the Attorney General stand up and say, “Nothing
will be answered because of activity outside this House,” completely
evades the issue of accountability of the government for the events from
8 p.m. on November 19 to 11 a.m. on November 20.
These events have nothing to do with the special prosecution, nor
the police investigation. They have to do with the conduct of this
government. It is somewhat alarming that the members opposite deem
themselves to be above the conduct of this House and above the
accountability that this House exists for. If we cannot have meaningful
answers to these questions, which are entirely in order, one has to
wonder why we’re here at all.
I’ll try again with the Attorney General. Was the Ministry of
Attorney General or Attorney General himself aware that the Speaker
sought outside legal counsel on his own initiative to advise him on the
motion to suspend the Clerk and Sergeant-at-Arms? This has nothing to do
with the special prosecution, nor the RCMP investigation.
Hon. D. Eby: Simply because the Leader of the Opposition says it has nothing to
do with the police investigation or the special prosecutors does not
make it so. I am disappointed that he persists in this line of
questioning. The police are separate from government for a reason. The
special prosecutors are separate from government for a reason. I won’t
be making any comment on this at this time.
[2:10 p.m.]
Mr. Speaker: The Leader of the Official Opposition on a second supplemental,
and I assume it’s a different question.
A. Wilkinson: Mr. Speaker, under the circumstances, I think you should hear the
question before you anticipate a ruling.
Mr. Speaker: Member, I was simply advising you.
Please proceed.
A. Wilkinson: I’m to proceed, correct?
Mr. Speaker: Yes, thank you.
A. Wilkinson: Did the Speaker seek legal advice from lawyers at the Ministry of
Attorney General in regards to the motion — not the criminal
investigation, nor the special prosecution — at any time before the
motion was introduced in the House on November 20?
Let’s keep in mind here that the reason we have special
prosecutors and the police at arm’s length from government is so that
they are able to operate completely independently of this House. The
functions of this House remain accountable in this room.
I will ask the Attorney General once more. Did the Speaker seek
legal advice from the Ministry of Attorney General at any time in
regards to the motion on the morning of November 20?
Hon. D. Eby: Now the member asks about legal advice.
You know, I don’t understand why the member thinks it would be
appropriate for me to stand up and share legal advice and waive
privilege over that. I don’t understand why he thinks that it would be
appropriate for me to stand up and speculate on the activities that are
now the subject of a police and special prosecutor–overseen
investigation. I do not understand where he is coming from on
this.
But I can tell him the same answer that I gave the media in the
hall and that I advised colleagues in this House, which is: don’t
comment on this matter until the investigation is complete. I would give
the member the same advice, but I suspect he won’t listen.
S. Bond: Well, to be clear, the questions being asked are not about a
criminal investigation. In fact, they’re about the administrative duties
and responsibilities of this Attorney General, this Solicitor General
and the government of British Columbia. It is incumbent on the
government to ensure that correct procedures and competent legal advice
was followed.
My question is within the administrative responsibility of this
Attorney General. Was he or his ministry aware of the lawyer that was
advising the Speaker, and did he agree to the retainer for that
lawyer?
Hon. D. Eby: The member knows, as do all members in this place, that when
members ask about indemnities, when they ask about lawyers that are
hired for members, they get the same answer from me that they’re getting
today, which is that that’s not an appropriate topic for the House
because it’s a potential waiver of privilege. The member knows
that.
If you’re waiving the retainer…. The member said…. You know what,
hon. Speaker? The best course of action for all members in this matter,
which is incredibly delicate…. I’ll say it again to this member, as I
said to the leader of her party: the best approach is to refrain from
commenting until the investigation is complete. I urge that on all
members of this place, and I hope they listen.
Mr. Speaker: The member for Prince George–Valemount on a
supplemental.
S. Bond: What I do know is that we passed a motion in this Legislature. The
public is entitled to know the truth about the events of last week, and
there is a great deal of information missing.
With all due respect, through the Speaker to the Attorney General:
did the Speaker’s legal counsel consult with lawyers from the Ministry
of Attorney General before proceeding with the motion?
We’re not asking for the advice to be shared. It’s a
straightforward, factual question that relates to a motion debated in
this House.
Did the Speaker’s legal counsel consult with lawyers from the
Ministry of Attorney General before proceeding with the
motion?
Hon. D. Eby: The member puts me in an awkward position. She knows that I can’t
talk about these things, and she keeps asking the same
questions.
I would urge all members in this place to refrain from commenting
on the events of the past week until the investigation is complete. I
don’t understand what’s so difficult about that.
EXCAVATION IN SHAWNIGAN LAKE AREA
AND PERMIT
APPLICATION
S. Furstenau: In 2008, GT Farms began digging a hole on their property in
Kingburn, near Shawnigan Lake.
[2:15 p.m.]
Nearby residents began to express concern as the hole steadily
increased in size, ultimately looking like a whole lot like a quarry.
However, Ministry of Mines and Ministry of Agriculture agreed that this
was not a quarry; it was “an irrigation pond.” Yet like a quarry, rock
was being removed by dump trucks travelling down a narrow road through
this residential neighbourhood.
When the residents raised concerns in 2009, they were informed by
Ministry of Mines that the property had no permits in place for mining
or quarrying and issued a cease-and-desist order, which was soon
rescinded, and the activity continued.
Here we are, ten years later, and the hole on this property very
much appears to be a quarry, a quarry that has operated without a permit
for over a decade. What is the Ministry of Energy and Mines’ solution to
this? Give the landowner an opportunity to apply for a permit ten years
after he has apparently begun quarrying.
My question is for the Minister of Energy, Mines and Petroleum
Resources. Does she think it’s appropriate for her ministry to reward
rule-breaking by issuing permits after quarrying has taken place on a
property without permits for years on end?
Hon. M. Mungall: Thank you to the member for the question and for raising this
issue, which is important to her constituents. As she pointed out, in
2009, the government of the day determined that the activities of the
site were for agricultural purposes.
Then, in 2016, as the operations had expanded, the government —
again, of the day — took another look and concluded that yes, a Mines
Act permit was required. In 2017, the company sent in their application
for the proper permit. We received that on June 10, 2017. We asked the
committee to revise that application, and we received the revised
application on March 9, 2018.
Since then, we have been working to ensure that the public is
involved and that they have their opportunity to comment. We’ve referred
the issue to other agencies, as well as First Nations, for consultation,
and that consultation is ongoing. We will make sure, as we must do, that
the appropriate permits are in place and regulations are, indeed,
followed.
Mr. Speaker: The House Leader, Third Party, on a supplemental.
S. Furstenau: I’m concerned that the message that this sends is that rules don’t
actually matter. If you break them, we will fix them for you.
Local residents have identified several serious shortfalls with
the permit application, including: stating that the project started
“with approval”; claiming that the project is not within a community
watershed, which it is; and submitting inaccurate hand-drawn
maps.
Residents have also raised concerns about lack of public
consultation and have serious and ongoing concerns about the safety and
reliability of their drinking water, which is drawn from an aquifer they
worry is being impacted by these quarrying activities.
My question is again to the Minster of Energy, Mines and Petroleum
Resources. Can she commit to addressing the serious concerns raised by
the residents of the Kingburn area and commit to a public meeting as
part of the permitting process for this application?
Hon. M. Mungall: It is a statutory decision–maker who oversees this process. That
individual has assured myself that he’s committed to working with all
partners and taking public feedback into account as he works through the
process on this permit.
I want to make sure that the member knows that we are committed to
making sure that she and her staff are fully informed and are fully kept
up to date so that she can continue advocating for her constituents on
this issue.
ROLE OF ATTORNEY GENERAL MINISTRY
IN LEGAL ADVICE ON
ADMINISTRATIVE LEAVE MOTION
J. Johal: You know, I find it interesting that the Attorney General is
asking members not to speak about events that actually occurred in this
House. British Columbians need to know what due diligence the Attorney
General and the Solicitor General did between the Monday meeting and the
movement of the motion to suspend the Clerk and the
Sergeant-at-Arms.
Did the Solicitor General seek legal advice from the Attorney
General after the Monday meeting and prior to introducing the
motion?
Hon. D. Eby: Members can talk about whatever they want, but I am recommending
to them that they refrain from speaking about this until the
investigation’s done for good reason — to allow the police and to allow
the special prosecutors to do their work.
[2:20 p.m.]
The member may or may not agree with that. That’s his business.
He’s in this place representing his members. This is my recommendation
to him. I’ll take my own advice, and I won’t be commenting on
that.
Mr. Speaker: Richmond-Queensborough on a supplemental.
J. Johal: The questions we are asking, that my colleagues have asked and I
have asked, pertain to the conduct of the Solicitor General and the
Attorney General. We’re not talking about the special prosecutor’s
office. We’re not talking about the police investigation.
It’s the role of the Ministry of the Attorney General to provide
legal advice to the government. Did the Attorney General seek the legal
advice of his ministry after the Monday meeting and prior to the
introduction of the motion the following day?
Hon. D. Eby: The situation remains the same as it was in the previous question
— that is, that these things are all tied together. You can’t speak
about one without speaking about the other. The issue here is that the
member wants me to speak about a matter that’s under active police
investigation, with special prosecutors appointed, and I will not do so
today.
LEGISLATURE INVESTIGATION
AND LEGAL ADVICE ON
ADMINISTRATIVE LEAVE MOTION
L. Throness: Really, all we’re asking for is some transparency from the
government with respect to its involvement in this matter last week —
its involvement, not the police involvement.
If the government will not tell us even whether it has received
legal advice, let’s ask about the knowledge of the ministers themselves.
When did the Solicitor General first learn of the police investigation,
and when did he learn about the Speaker’s investigation?
Hon. D. Eby: I’ve made the recommendation to all members of this place that
they refrain from commenting on a matter of active police investigation
where special prosecutors are appointed. It’s incredibly
serious.
I keep hearing the questions. I don’t understand why the members
don’t understand how serious this is. I would recommend to all members —
it’s up to them, of course — that they refrain from commenting on
this.
Mr. Speaker: The member for Chilliwack-Kent on a supplemental.
L. Throness: What is serious is the government not revealing to the people of
B.C. about matters that are under their control.
I ask the Premier: when did the Premier first learn of the police
investigation, and when did the Premier learn about the Speaker’s
investigation?
Hon. D. Eby: Maybe I’ll assist the member here by advising him that my advice
on this, to refrain from commenting on an active police investigation
where special prosecutors have been appointed, is a very serious matter
that extends to all members of the government, including the Minister
for Public Safety and the Premier. So he won’t be hearing comment from
the government on these matters today.
T. Stone: We know that a lawyer was present at the November 19 meeting, and
that lawyer provided legal advice on the motion to put Clerk Craig James
and Sergeant-at-Arms Gary Lenz on administrative leave.
Can either the Attorney General or the Solicitor General confirm
the identity of this lawyer, and can either explain the lawyer’s role in
providing legal advice in regards to this motion?
Hon. D. Eby: This is quite a display, to be frank. I don’t understand what the
members opposite don’t understand, first of all, about the response,
which is that the government won’t be commenting on a matter of active
police investigation where special prosecutors have been appointed. I
don’t understand what they don’t get about that.
Personally, I don’t understand why they are not considering for
themselves whether or not they should be openly speaking about this
matter that is so sensitive. I mean, it’s their own call, of course. But
it is very unusual. In any event, I won’t be speaking about this
sensitive matter today.
Mr. Speaker: The member for Kamloops–South Thompson on a
supplemental.
T. Stone: Well, what’s unusual in this discourse here today is that we’re
asking questions that relate to a number of items that have nothing to
do with the work of the special prosecutors and police investigations.
So I will afford the Attorney General an opportunity to address this
question again.
There was outside legal counsel who advised the Speaker on the
motion to suspend the Clerk and the Sergeant-at-Arms. Very simply, who
was this lawyer, what was this lawyer’s role in relation to the role of
government lawyers employed by the Ministry of the Attorney General, and
why won’t the Attorney General provide the transparency on the internal
operations of this Legislature that British Columbians are
demanding?
[2:25 p.m.]
Hon. D. Eby: If this isn’t about the police investigation, the fact that
special prosecutors have been appointed, I’m not sure what it is about.
I cannot talk about these matters. They’re incredibly sensitive. Police
are investigating. Special prosecutors have been appointed. I won’t be
commenting on it.
M. Stilwell: The questions that we’re referencing today are not in regards to
the criminal investigation or the prosecutors. The question I have today
is about the administrative responsibility of the Solicitor
General.
Will the minister confirm who initiated the investigation? Was it
actually the police, or was it the Speaker and his special
adviser?
Hon. D. Eby: Did the member just say: “This isn’t about the police
investigation. Let me ask about the police investigation”? It’s
bordering on farce at this stage. It’s clearly about the police
investigation and special prosecutors.
We won’t be talking about that today. We won’t be talking about
that tomorrow. Until the investigation concludes, I’d recommend that to
all members in this place.
Mr. Speaker: The member for Parksville-Qualicum on a supplemental.
M. Stilwell: The public needs to know the nature of what due diligence, if any,
was done by the Attorney General and the Solicitor General within their
administrative responsibilities.
When was the Solicitor General informed of the investigation by
the Speaker and his special adviser?
Hon. D. Eby: These are matters directly related to the police investigation and
the appointment of special prosecutors. I won’t be answering any
questions related to that today.
P. Milobar: The questions today are meant to try to establish a better
understanding of when the Attorney General and Solicitor General vetted
the information as the motion came forward to the House that we dealt
with on Tuesday in this House. We’re not asking for any detail as to
what was involved in those conversations with outside counsel or inside
legal counsel. We’re simply asking for timelines of when discussions
took place.
British Columbians need to know….
Interjections.
Mr. Speaker: Members, we shall hear the question. Thank you.
P. Milobar: British Columbians need to know what the Attorney General did or
didn’t do to vet the legal advice that came from this outside counsel.
They need to know that correct procedures were followed.
When did the Attorney General become aware that the Speaker was
receiving outside legal counsel on the motion to suspend the Clerk and
the Sergeant-at-Arms, and what did he do with that
information?
Hon. D. Eby: These are matters related to an active police investigation.
Special prosecutors have been appointed. It would be inappropriate for
me to comment on this.
Mr. Speaker: The member for Kamloops–North Thompson on a
supplemental.
P. Milobar: I think the public is having trouble understanding the Attorney
General. As a layperson myself, when the Attorney General has had no
problem through all of Mr. German’s reports and of all those processes —
processes when, one would assume, ongoing investigations were happening
— and having regular updates with the media and holding
court….
We are asking very simple questions about very basic timelines.
For the Attorney General to say that he can suddenly not answer those
basic questions is a disservice to all British Columbians. The lack of
information and the absence of answers about the role and actions of the
Attorney General undermine public confidence.
On what date did the Attorney General become aware of the lawyer
advising the Speaker? Who agreed to the retainer of the lawyer? Not how
much was the retainer, just who agreed to the retainer.
Hon. D. Eby: I mean, on the first part, the member is right to draw a
distinction between how our government is handling the issue of money
laundering and how their government handled the issue of money
laundering — and unfortunately, I have to say today, as well, a
difference between how our government is handling an active police
investigation where special prosecutors have been appointed and how
their opposition is handling it. I won’t be commenting on it.
M. Lee: All members of this House have the right to ask the questions that
are being asked here today. They are questions to address the confidence
that British Columbians should have in the integrity of this
House.
[2:30 p.m.]
Given the motion that was passed last Tuesday, November 20…. There
was information that this House did not have at the time that motion was
passed, in the rushed nature that this was brought on, between the time
that the House Leaders met, at 8 p.m. on November 19, and the time that
the motion was raised on the morning of November 20.
The role of the Speaker’s special adviser, Alan Mullen, raises
many important issues. On Wednesday, November 21, the day after the
motion was put forward by the government, as a government motion in this
House, this special adviser told the media that he was retained in
January of 2018, in part to address the Speaker’s concerns about the
Clerk and the Sergeant-at-Arms.
My question is: was the Solicitor General ever told details of the
special adviser’s role in this matter prior to these comments being made
in the media?
Hon. D. Eby: Mr. Speaker, no one is disputing the member’s right to ask
whatever questions he wants in this place. All I’m saying is that when
there’s an active police investigation, when special prosecutors have
been appointed, at a very sensitive time on a very sensitive matter, my
recommendation to all members in this place would be to refrain from
commenting on that matter, and I will refrain from commenting on that
matter.
Mr. Speaker: The member for Vancouver-Langara on a supplemental.
M. Lee: With respect, earlier the Attorney General indicated that members
of this House can ask whatever questions we deem appropriate. Under the
circumstances, given the gravity and the sensitivity of this matter, the
confidence that British Columbians have in the integrity of this House
is being questioned. Each of us, as members of this Legislative
Assembly, have participated in that motion on short notice, on short
order.
It is appropriate for members of this House to be asking the
important questions around what procedural steps and due diligence steps
were taken by the Attorney General and the Solicitor General as cabinet
ministers in this government. They have the responsibilities and the
duties to this government. When they became, particularly, in possession
of that information, based on the Monday night meeting and any time
before that, we as members of this House need to know what occurred —
what occurred before that Monday meeting and what occurred,
particularly, between the Monday night meeting and the Tuesday morning
motion.
Alan Mullen told the media that he was speaking on behalf of and
with the full authority of the Speaker. Further, Mr. Mullen stated that
the concerns came from the Speaker and that, as an experienced
investigator, he had been involved in investigating the concerns raised
since he was retained back in January.
Was the Solicitor General informed of the special adviser’s role
at any point during the seven-month investigation?
Hon. D. Eby: The member, surely by this point in question period, knows that
these matters are tied together. They’re all related to an active police
investigation. The appointment of a special prosecutor is an incredibly
sensitive matter. I know the member is one of the newer members to this
place, but it’s tradition and for good reason that government refrains
from commenting on active police investigations.
The appointment of a special prosecutor should be a signal. The
reason special prosecutors are appointed is to give the public assurance
that this is separate from politics. It should be a signal to members in
this House to exercise great caution around such matters. I would urge
that caution on all members in this place and urge them and encourage
them to refrain from commenting on this. Of course, the member can ask
whatever questions he wishes. That’s his political judgment. But I would
recommend against it in a sensitive matter like this, and I will not be
commenting on it.
M. de Jong: The government chose to introduce a motion to suspend the two most
senior non-partisan officials that serve in this chamber, and it sought
the support of all of the members of this chamber when it did so. The
passage of that motion led to the spectacle of those officials being
marched out of this building in the most demeaning and humiliating
manner possible.
[2:35 p.m.]
Members supported the government motion, but they did so, I would
suggest, on the assumption that the legal and investigative branches of
government had exercised the due diligence necessary to satisfy
themselves that the basic principles of procedural fairness and natural
justice had been followed.
The question does remain. Having asked for the support of this
chamber, when did the Attorney General become aware of and what steps
did he take to independently assess the actions initiated by the Speaker
and his adviser and the legal advice that the Speaker had
received?
Hon. D. Eby: Now, the member who spoke before the member for Abbotsford West
has a defence: he’s relatively new in this place. The member who just
asked this question…. I mean, he used to be Attorney General, so he
knows that police are separate from government when they do an
investigation. He knows that when special prosecutors are appointed,
there’s a reason for that — to keep the process independent of
government.
When he says the “investigative arms of government,” I don’t know
why he would conflate that, because he knows the difference. The
difference is exactly why it’s so important that members in this House
think very seriously about commenting on this matter.
It’s an active police investigation. Special prosecutors have been
appointed. I urge all members, including very experienced members, to
think very carefully about how they speak about this matter.
[End of question period.]
Tabling Documents
Hon. C. James: I’m pleased to rise to table government’s Second Quarterly
Report , 2018-19, as required by
section 10 of the Budget
Transparency and Accountability Act.
Mr. Speaker: Hon. Members, I have the honour to present the 2017 Annual
Report from the Office of the Conflict of Interest
Commissioner.
Petitions
P. Milobar: I rise to present a petition from a very brave mother in Kamloops who,
in April of this year, lost her son at the Peterson Creek Bridge in
Kamloops. It is calling for the installation of suicide prevention measures
on the Peterson Creek Bridge, similar to what we have on other provincial
bridges across the province.
D. Ashton: I rise today to present a petition to the House from over 1,600
individuals asking that B.C. Timber Sales not log in the Carmi recreational
area above Penticton.
Mr. Speaker: I’ll call on the Deputy Speaker.
[R. Chouhan in the chair.]
Standing Order 35
(Deputy Speaker’s Ruling)
REQUEST TO DEBATE A MATTER OF
URGENT PUBLIC IMPORTANCE
ADMINISTRATIVE LEAVE FOR CLERK
AND
SERGEANT-AT-ARMS
Deputy Speaker: Hon. Members, earlier today, at the request of the Speaker, I took
the chair to hear and to consider an application by the member for
Abbotsford West. Under Standing Order 35, the member sought adjournment
of the House in order to discuss a matter of urgent importance — namely,
the conduct of this House with respect to the events and facts that led
to the motion on Tuesday, November 20, with regard to two permanent
officers of the House.
While Standing Order 35, subsection (2), states that a member
“shall rise and state the measure briefly,” the Chair allowed the member
for Abbotsford West to explain his application in detail so that
concerns with regard to this most serious matter could be placed on the
record.
I thank the member for his submission, as well as the Government
House Leader and the Leader of the Third Party for their comments. The
Chair recognizes the very difficult circumstances that formed the basis
of members’ concerns regarding the events that transpired last
week.
It is my understanding that the Speaker addressed some of those
questions earlier today in a letter addressed to all three House
Leaders. As acknowledged by the Government House Leader and the Leader
of the Third Party, the important fact that should frame the approach by
the House is that an active criminal investigation is underway with
respect to this matter.
[2:40 p.m.]
The sub judice principle is an important convention long
recognized in this House and other parliamentary institutions. By way of
this self-imposed restraint, the House does not enter into debate on
matters before another body — typically, a court of law — in order to
refrain from prejudicing, in any manner, proceedings not before this
House.
I find that in this unique and difficult circumstance, the
principles of the convention must be applied with even more caution, as
the events and facts of the active investigation touch upon this very
institution. Were the application to proceed, a Chair would be placed in
a particularly untenable position. The Chair could preside over a debate
while concurrently assessing and determining which facts, matters or
comments within the debate may or may not impede or prejudice an active
investigation.
In addition, on April 13, 2010, Speaker Barisoff ruled that a
matter under investigation by the police, while not sub judice
in a strict sense, has, by precedent, not been discussed in this House.
Speaker Barisoff noted that it is a matter of courtesy to the
investigation to avoid debate in parliament.
Further, it has previously been held in this House that an
application under Standing Order 35 cannot involve the normal
administration of justice. In a decision of Speaker Barnes rendered on
June 17, 1994, he stated, in part, that “Standing Order 35 was never
intended to provide a vehicle for interference in the normal
administration of justice.”
While the Chair does not suggest that it would be the intention of
the House to interfere with the normal administration of justice, due to
the circumstances, there is a very real and substantial concern in this
regard.
I conclude that because the active investigation focuses on two
permanent officers of this House, the risk to offend the spirit and
intent of the sub judice convention is more heightened in this
instance.
For these reasons, I find that the application made under Standing
Order 35 cannot proceed.
A. Wilkinson: Mr. Speaker, having heard your ruling, there remain widespread,
grave doubts throughout the population of British Columbia about the
conduct of the Speaker in the last week…
Deputy Speaker: Member. Member.
A. Wilkinson: …about the manner in which the motion came before the House. This
cannot be allowed to lie. This House must address the issues at some
point.
Deputy Speaker: Member, this is not debatable.
Orders of the Day
Motions Without Notice
POWERS AND ROLE OF
FINANCE
COMMITTEE
Hon. M. Farnworth: By leave, I move motions that have been distributed to both the
Opposition House Leader and the Third Party House Leader.
[That further to the motion adopted on February 26, 2018, that the
Select Standing Committee on Finance and Government Services be
empowered to consider and make recommendations on the budget of the
following statutory officer: Human Rights Commissioner.]
Leave granted.
Motion approved.
APPOINTMENT OF SPECIAL COMMITTEE TO
APPOINT A HUMAN
RIGHTS COMMISSIONER
Hon. M. Farnworth: By leave, I move:
[That a Special Committee be appointed to select and unanimously
recommend to the Legislative Assembly the appointment of a Human Rights
Commissioner, pursuant to the Human Rights Code (R.S.B.C. 1996,
c. 210).
The said Special Committee shall have the powers of a Select
Standing Committee and in addition is empowered:
a) to appoint of their number one or more subcommittees and
to refer to such subcommittees any of the matters referred to the
committee;
b) to sit during a period in which the House is adjourned,
during the recess after prorogation until the next following session and
during any sitting of the House;
c) to adjourn from place to place as may be convenient;
and
d) to retain such personnel as required to assist the
committee;
and shall report to the House as soon as possible, or following any
adjournment, or at the next following session, as the case may be; to
deposit the original of its reports with the Clerk of the Legislative
Assembly during a period of adjournment and upon resumption of the
sittings of the House, the Chair shall present all reports to the
Legislative Assembly.
The said Special Committee is to be composed of the following
Members: Raj Chouhan (Convener), Mitzi Dean ,
Stephanie Cadieux , Greg Kyllo , and Andrew
Weaver .]
[2:45 p.m.]
Leave granted.
Motion approved.
Hon. M. Farnworth: In this chamber, I call committee on Bill 55, Passenger
Transportation Amendment Act. In
Section A, I call committee on Bill 57,
Attorney General Statutes Amendment Act.
Committee of the Whole House
BILL 55 — PASSENGER TRANSPORTATION
AMENDMENT ACT, 2018
(continued)
The House in Committee of the Whole (Section
B) on Bill 55; R.
Chouhan in the chair.
The committee met at 2:49 p.m.
section 3 (continued) .
Hon. C. Trevena: Mr. Chair, I just wanted to add that we have staff with me here
again today, many of the same staff who were here on Thursday. We’re
also now joined by Nina Bindra from the Ministry of Attorney
General.
Section 3 approved.
section 4.
[2:50 p.m.]
J. Sturdy: Division 4, “Reports of the Board,” is being added to the
Passenger Transportation Act. Doesn’t, in fact, the board already deal
with this through the annual report of the Passenger Transportation
Board, and if so, why would we be adding it?
Hon. C. Trevena: The board has sometimes published an annual report, but not every
year. So this really formalizes that, with the expansion of its
functions, with the growth with the TNSs. This and the growing work that
it will be doing — this really just formalizes the need to have an
annual report.
J. Sturdy: Is the board receptive to any directions received from the
minister to review, recommend and report on any particular aspect? It
just appears as if there’s a certain redundancy here. Is the board
receptive to direction from the minister? Just to reiterate, this is a
formalization of a requirement to generate an annual report by the
Passenger Transportation Board?
Hon. C. Trevena: At the moment, there is no requirement, so this sets down the fact
that there will now be a requirement to produce an annual report.
Previously, it’s been up to the will of the board. Now, it’s saying:
“Please, every year produce an annual report.”
J. Sturdy: Could the minister tell us how many times there has been an annual
report? Do we know? Recently? In the last five years? Why has this come
up?
Hon. C. Trevena: The board produced one in 2016-17. They haven’t produced one yet
for ’17-18. We can check how many years the board has produced one, if
the member really wants to do that. We can provide that to him in
writing afterwards.
A. Olsen: I’m just wondering if there’s any requirement under this
section
where these reports would be made public.
Hon. C. Trevena: At the moment, when they are doing reports, they do post them to
the website. So the assumption is it again will carry on being
public.
A. Olsen: Would the recommendations to the minister contemplated under the
newly added
section 22.2(
a) constitute any advice to cabinet?
Hon. C. Trevena: It would be regarded as advice to the minister, not advice to
cabinet.
T. Stone: In relation to this new
section 22.1, “Annual reports,” where it
references: “(
c) other information the minister may require.” I’m
wondering if the minister could elaborate on what other types of
information she and her ministry would be contemplating that would be
driven by the need to have this
section (c), which is rather nebulous,
as it’s currently written.
[2:55 p.m.]
Hon. C. Trevena: Sections 22.1(
a) and 22.1(
b) are very specific on what would be
included in the annual report. So (
c) allows for more broad information,
whether it is any change that may have happened within the industry,
anything that is information on decision-making, on issuing licences,
some information that is sort of assessment of data — anything that
isn’t actually in the quite, sort of, defined sections (
a) and (b). So
it gives that scope for more information than
section (
a) and
section
(
b) provide.
T. Stone: With respect to
section 22.2, which provides for a requirement for
the board to make recommendations to the minister when directed to do
so…. Then it does provide subsections (
a) and (b), which provide some
sense of how those recommendations would be fed back to the
minister.
I’m just wondering if the minister could indicate whether or not….
Again, much like the question that was asked moments ago from the member
for Saanich North and the Islands, would any request of the minister of
the board to provide recommendations on a matter be made public so that
the public would know that the board has been asked to do this? And
would there be any timelines associated with the timeliness of response
that the board would be expected to provide these recommendations back
to the minister?
Seeing as, from an annual report perspective, there are some
timelines provided for here, I’m wondering if timelines have been
contemplated with respect to this request for recommendations from the
board.
[3:00 p.m.]
Hon. C. Trevena: Well, I think it’s — we’ve just been discussing this —
interesting. It really is going to be on a case-by-case basis. It
depends what it is. If it’s an issue of security or safety or if there’s
an investigation, it wouldn’t be public.
It could be public for the sake of transparency for requesting
something more generic — for instance, something about the long-distance
bus service. So it’s going to be on a case-by-case basis, and because
it’s on a case-by-case basis, the timing and the time for the response
required would likewise be on a case-by-case basis.
I don’t think we can put into legislation something quite as
specific as exact timing on direction and requests that we don’t know
what they’re going to be but are likely to be coming forward.
J. Sturdy: Back to item 22.1(a). In the reporting, the board is required to
set out briefly “all applications made for a licence that include
special authorization.”
I wonder if the expectation of the minister is that not just the
list of the applications but the decisions on those applications would
also be included, and whether there would be reasons for a decision in
there?
Hon. C. Trevena: Yes.
J. Sturdy: So that would be similar to…. For example, in the Ministry of
Environment on an environmental assessment, there’s an assessment,
there’s a list of conditions, and there’s a reason for a ministerial yea
or nay. So there would be a rationale either way for the affirmative or
the negative on an application.
Hon. C. Trevena: Yes.
Section 4 approved.
section 5.
A. Olsen: I just want to canvass the minister here for a few minutes on the
use of the potential use of various driver’s licences, if I may. This is
to the driver of the car, not to the licence of the operator. But this
is the driver’s licence.
It’s been a point of contention, I think — the suggestion that’s
made that an operator needs a class 4 licence. I just want to ask some
questions around this.
I’ll start with the broadest question and just the minister’s
rationale behind using, as has been stated publicly, a class 4 licence —
that all ride-hailing drivers should have a class 4 licence.
Hon. C. Trevena: I know the member is very concerned about the licence designation
here. It is obviously something that some people have been picking up
on. I know the member is also aware that under this section, we’re not
talking about the driver’s licences. It is the licence for the vehicles,
but not the driver’s licence.
That being said, I have talked a lot about the class 4 licence,
because it’s commercial licence, and we’re going to have people who are
going to be earning money by driving people around. Somebody is going to
be making profit from it, and they’re going to run a commercial
operation or be working for a commercial operation. As such, I believe
that there is the requirement and the expectation from the public that
those people who are driving for profit are licensed to the highest
designation they can be.
[3:05 p.m.]
In this case, it is a class 4 licence. I think everybody is aware,
it’s a tougher licence. You’ve also got a medical exam, and you’ve got
to also be able to inspect your vehicle.
There are certain sorts of strictures there to have that licence,
to be qualified for that licence. People don’t get it on the first time.
I mean, if you do a quick search on the Internet, you see people who do
driver’s classes, driver’s training on how to get through to the class
4, how you’re going to make sure. So there is that extra due diligence
and extra strictures on it. So for the matter of public safety, I’ve
been very committed to the class 4 licence.
A. Olsen: Thank you for the response. Just further to that, are there
regulations in this bill that would allow the minister to require
additional training, safety certificates, criminal record checks and
other forms of an enhanced safety regime for any operator under this
act?
Hon. C. Trevena: Yes, there is. Under
section 30, it talks about the criminal
record checks that we’re looking at. A large part of this bill is to
make a provincial regulation. I know that in certain jurisdictions, some
drivers have to have, when it comes to cabs at the moment, a criminal
records check,
whereas in other jurisdictions, they don’t. This will
make sure that provincewide there will be criminal record checks. And
that’s in
section 30.
A. Olsen: The reason why I’m asking is because…. Could we not use class 5 as
a base and then through regulation require — sort of like a class 5 plus
— commercial operators who are operating a ride-hailing vehicle
commercially to have additional requirements, such as additional
training, safety certificates, criminal record checks and other forms of
an enhanced safety regime?
Hon. C. Trevena: I appreciate the member’s question. The class 5 plus, or a new
form of licence, wouldn’t come under the Ministry of Transportation. It
would come under the Ministry of Solicitor General. PSSG is responsible
for the driver licensing. So as my ministry, working with what is
available, we are working on the class 4, which is the commercial
driver’s licence. As I say, this section, as the member is aware, is
about vehicle licences, not drivers’ licences.
A. Olsen: I do acknowledge that. I’m kind of looking…. I recognize that
there’s a narrative that’s out there and a line of questions or concerns
that have been raised, certainly, around the licensing. So with the
blessing of the minister, I just wanted to canvass this area so that at
least this area of questioning has been asked and responded to. Let’s
put it that way.
My understanding is that the provisions that apply, the national
safety code, to the taxi industry are separate from the broad
requirements of the class 4 licence. Is that true?
[3:10 p.m.]
Hon. C. Trevena: Most commercial vehicles are under the national safety code, but
it isn’t linked to the driver’s licence. So while the vehicles are under
the national safety code, driver’s licensing is separate. Most
commercial drivers in B.C. have a class 4 or higher licence.
A. Olsen: How many other provinces apply the national safety code to the
taxi industry?
Hon. C. Trevena: B.C. is really at the forefront. We are the only province that
does this.
A. Olsen: Can the minister outline exactly what the NSC, the national safety
code, adds to motor vehicle safety, and why it’s important that it apply
to the passenger transportation sector, specifically ride-hailing and
taxis?
Hon. C. Trevena: As I mentioned to the member, this is the highest level of safety.
We’re the only province to actually have taxis under the national safety
code. We are literally the leaders in this.
What it entails is that the carrier has to take responsibility for
the safety of the fleet — got to have a safety plan. A carrier has to
monitor hours that people are working — so make sure that people aren’t
tired, aren’t fatigued, are driving safely — and that they have records
of being inspected. If the vehicle is out of service, that has to be
reported.
This is all monitored by the commercial vehicle safety and
enforcement branch. The carrier is responsible, also, for reporting to
CVSE — for instance, when vehicles are out of service. But it is
something we should be very proud of — that taxis and commercial
vehicles are in here and that they are…. This is, as I say, the highest
level in the country.
A. Olsen: Okay, thank you for that.
Some of the most significant components that the NSC requires are
concerned with vehicle inspection and upkeep. Why does it make sense to
require a ride-hailing operator who, based on the data from other
jurisdictions, only uses their vehicle for ten to 20 hours a week for
passenger transportation to meet the same requirements of a vehicle that
is exclusively, 24-7, used as a commercial vehicle?
[3:15 p.m.]
Hon. C. Trevena: The reason is that the vehicles are operating for hire. A taxi is
inspected every six months, and we honestly don’t know how often or how
regularly the app-based ride-hailing vehicles will be used. Some may
only be doing a few hours a week, but some may be operating full time.
You do see in certain jurisdictions where people are trying to make a
living from doing app-based ride-hailing.
I don’t think we can really pick and choose. If we are making
sure, as responsible policy-makers in a government, that we have
designations for vehicles that are driven for hire — that there are
certain vehicle safety and driver expectations — I don’t think we can
pick and choose which one should win and which shouldn’t have certain
requirements.
A. Olsen: Dan Hara, the consultant that was hired by the government to
review the modernization of the taxi industry and produce a final
report, recommended that a class 5 licence be permitted for the entire
taxi sector, with additional requirements put in place for safety and
training.
Why has the government opted not to follow this recommendation
from Mr. Hara?
Hon. C. Trevena: As I mentioned to the member previously, and I’ve been very public
about this, passenger safety, public safety has to come first. A class 4
licence is a licence for people who are driving commercially. Whether it
is a taxi or other service, you need a commercial licence because you
are earning money from transporting people from A to B.
We want to make sure that people on our roads are as safe as
possible, both the drivers and those who get in vehicles that are for
hire. That is why, when we are looking at the regulations in the Motor
Vehicle Act, we are not making any changes. We are keeping with a class
4 licence.
A. Olsen: Thank you, Minister, for that response. I guess, from our
perspective, the class 5 as a base is something that we feel
is….
It’s not that we disagree that safety is an issue. We certainly
don’t want to be messing around with that. That is certainly not
something that we want to be quibbling with. Passenger safety is of the
utmost importance, as is the safety of the driver.
But in his report, Hara explicitly states that: “A class 5
driver’s licence with a TaxiHost Pro certificate is arguably at least
equally qualified as a class 4 driver is to drive a taxi.”
Again, I just want to make sure that I understand. What is so
unique about a class 4 licence that the government feels it is uniquely
able to address safety in this sector, especially despite numerous other
actors suggesting alternatives?
[3:20 p.m.]
Hon. C. Trevena: I thank the member.
We’re not unique in demanding a higher standard for people who are
driving commercially. We’ve got the same equivalent to class 4 in
Alberta, Quebec and Nova Scotia. They all demand that drivers, whether
they are for app-based ride-hailing or for cabs, have a class 4
licence.
I know that the tourism association of B.C. is happy that we are
looking at keeping the class 4 licence. They think that there should be
a minimum of class 4 licence. They’re looking at it as a matter of
safety, a matter of reputation.
It’s not something that we’re doing blindly. We’re not ignoring
Dr. Hara. He’s been very helpful in formulating this. But on this piece
of policy, which…. Again, I beg the member’s awareness. He is aware that
this
section doesn’t deal with drivers’ licences. It is a Motor Vehicle
Act regulation, and I’m sure we’ll have lots of opportunity after this
legislation is passed to continue this conversation.
We’re not unique in having that higher standard for people who are
driving commercially.
A. Olsen: Again, I thank the minister, and I thank the Speaker for this
opportunity to canvass what I think is an important aspect of this. I
think it’s important for us in this House to canvass this aspect, but as
well, it’s important for the public and for the potential operators —
people who would like to operate — to understand why government’s making
a decision. So I appreciate the opportunity.
Again, I’d like to reiterate that I and my caucus colleagues are
not in any way suggesting that safety is not a concern for us. It is
paramount, and we appreciate the fact that the minister has safety as a
primary concern. But I think that it is also important to point out that
safety, from a driver’s perspective, is only one aspect of what it is
that we need to be looking at.
MADD, for example, comes out strongly in favour of a market, and
ride-hailing in the marketplace, based on public safety, that we need to
be providing people options to get home at night after having a few
drinks — currently, in some centres around the province, finding, in
fact, that the lack of ability to catch a cab or the lack of ability to
use an app-based ride-hailing service is pushing people to more
dangerous options, including getting in their car and
driving.
What we’re concerned about is that obtaining a class 4 licence in
this province can be a time-consuming, costly process. It can dissuade
people from doing it, from engaging in the business. It can be one
obstacle and a significant barrier to ride-hailing operating in the
province. I’m thinking of some communities, like the ones that I
represent, where it would take like a full day or multiple days in order
to go and obtain your licence.
Just one final question on this. Is the minister willing to
consider a class 5 plus or a class 5 plus the TaxiHost Pro regime for
ride-hailing, where we use the basic class 5 as the base and apply,
through regulation, the necessary restrictions — like age, driving
record, criminal record checks — while requiring and creating an
enhanced safety regime, which could include some additional on-line
training tools like others use?
Hon. C. Trevena: I’m also very cognizant…. I think nobody wants to take the ground
that they are the only people concerned about safety. I know that there
are many, many people concerned about safety — your colleagues, the
opposition. Everyone says that they’re concerned about safety. We’re
translating that as the class 4.
I know that Mothers Against Drunk Driving is concerned about this,
but the Vancouver police department has recommended to the select
standing committee that we had back earlier this year that ride-hailing
drivers be required to obtain a class 4 commercial licence, part of
which is because it requires disclosure of certain medical conditions
that could potentially jeopardize the safety of passengers. So we have
that.
[3:25 p.m.]
The member is very well aware that we are going to be having a
committee to be looking at the regulations. We have a great opportunity
then, I think, to be able to have a look at the driver’s licence part of
that — at the committee that we’re going to be having, if this bill
passes through this Legislature.
T. Stone: I, too, would like to weigh in with a few questions on this
particular section.
First, the member for Saanich North and the Islands, I think, was
quite right in asking what is really different from the national safety
certificate requirements and the requirements that could be prescribed
through a class 5 plus type of driver’s licence.
For the purposes of some background, in the legislation that we
developed a couple years ago and introduced today, we provide for the
elimination of a class 4 requirement, not just on the ride-sharing side
— so not just for new entrants — but also on the taxi side — so for
existing participants. We came to that conclusion only after seriously
and thoughtfully reviewing all of the related safety considerations,
which we feel, and I’m certain that every member of this House feels,
need to be there, both to protect drivers and, certainly, also to
protect passengers.
So we had provided for all of the same safety requirements that
are currently a requirement of the national safety certificate. Those
safety requirements…. Our plan was to still require them but to do so
outside of the national safety certificate requirement and to attach it
to, let’s call it, the class 5, 5A or 5 plus. Which, by the way…. There
are numerous examples of these kinds of riders existing for other uses,
be it air brakes or towing large trailers and vehicles, and those kinds
of things. There are other types of licence riders that can be attached
onto a class 5 licence.
When we look at the national safety code…. I have the requirements
in front of me. It says that the requirements of the national safety
certificate are that operators must be in compliance with applicable
regulations, including ensuring all drivers are appropriately licensed
and including review of driver abstracts. All drivers operate in
compliance with hours of service regulations. All drivers conduct
pre-trip inspections. All vehicles operating under their safety
certificate are appropriately maintained. All vehicles have a valid
inspection every six months. Vehicles are registered and insured with
ICBC.
Again, these are all requirements that would seem to be,
practically, provided for in other ways, without requiring a national
safety certificate — which seems to just represent an onerous
restriction or a barrier to entry for new entrants to the market. Again,
I’m wondering if the minister could highlight for us: what are those
additional safety requirements that are attached to the national safety
code provision that could not be provided in other ways to ensure the
safe operation of all TNS vehicles, whether they be taxis or
ride-sharing?
[3:30 p.m.]
[L. Reid in the chair.]
Hon. C. Trevena: The member references what was in the private member’s bill tabled
today and legislation that, when the member was the minister, he seemed
to forget to table in this House. We wouldn’t be having this debate
today, I think, if the member had actually, as minister, tabled that
legislation and not waited until 16 months into opposition.
The national safety code. To take the requirements out of the code
means…. As I mentioned to the member for Saanich North and the Islands,
there is fleet monitoring. So there would be no monitoring of fleets of
vehicles. There would be no tracking of who was responsible. Under the
national safety code, we have the carrier who is responsible. We have it
regulated by CVSE. We have being able to track through safety plans,
through hours of service, and ensure that, hopefully, we don’t see the
serious accidents that we see if they have the level of deregulation
that the member so clearly wants to have.
Our government wants to have regulations because it wants to make
sure that everyone is safe. We believe that by deregulating on the
national safety code, we would really be opening up some serious
problems.
T. Stone: Well, the legislation, the private member’s bill which we
introduced today, does provide a broad range of specified requirements
on licensees, vehicles, drivers. With respect to the licensees, the
responsibilities include ensuring the appropriate insurance,
requirements around the vehicle types, so ensuring that there are
are responsibilities around ensuring that drivers and vehicles meet
requirements like minimum age, record checks, driver abstracts, vehicle
inspections. Likewise, there are driver responsibilities, which include
obtaining record checks and abstracts, pre-trip and vehicle inspections,
informing licensees if they’re charged or convicted of particular
offences, and so forth.
The minister should just say that they’ve made the decision to
keep the national safety code requirement there, even though it could be
easily provided for in a more streamlined and efficient manner — all of
the safety requirements contained therein — as is the case with our
private member’s bill.
[3:35 p.m.]
The other reality is that what we’re really talking about here is
a whole bunch of part-time drivers who will largely be driving for
companies, on the ride-sharing side, as new entrants to the industry,
but also a number of part-time drivers on the taxi side of the equation,
as well, who will have a much more difficult time entering the market
because of the maintenance of this unnecessary national safety code
requirement. This, as the minister rightfully pointed out, doesn’t exist
in any other jurisdictions that we’re aware of in Canada — certainly not
in North America — when it comes to the ride-sharing
business.
I’m wondering if the minister could provide some details as to
what makes British Columbia so incredibly unique, so different from
Alberta or any state in the United States that has had ride-sharing in
different forms for months and, in many cases, years. In these hundreds
of other jurisdictions, there’s no equivalent to a national safety code
requirement — this requirement for a national safety code
certificate.
All the while these jurisdictions have found other ways, in a more
streamlined and efficient manner, to ensure that these important safety
considerations, which we all support, as has been detailed in my
previous question. The member for Saanich North and the Islands has as
well. We all support maintaining strong safety requirements.
Why do we want to be the lone jurisdiction in North America that
continues to insist on this onerous national safety certificate
requirement?
Hon. C. Trevena: Unlike the member of the opposition, we don’t see it as onerous.
We see it as a basic foundation for safety. We are very proud to be
leading the way here in safety in this and having the highest standards
countrywide. If it’s the case that they’re not seeing it in other
jurisdictions, then maybe they’re the highest standard in North America.
That’s something we should be proud of. We shouldn’t be trying to
deregulate it and saying: “It’s far too complex. It’s far too
onerous.”
By having the national safety code there, it does create that
level playing field. It is there for the taxi industry, and it will be
there for the app-based ride-hailing companies.
It’s for the companies, not the individual drivers, because we’re
talking about fleets. It’s the company. If the member reads the
legislation all the way through, he’ll see that we are talking about the
app-based ride-hailing companies, through the term “TNS.” We’re not
talking about individual drivers; we’re talking about having companies
dealing with it.
J. Sturdy: Just for clarity, with regard to 5(2)(b), motor vehicle being
operated under a “valid safety certificate.” That’s a national safety
code certificate? Is it synonymous?
Hon. C. Trevena: Yes.
J. Sturdy: With regard to the class 4 versus class 5. I thank the minister
for indulging in this particular conversation. I recognize that it’s not
necessarily identified in this section, but as the member for Saanich
North and the Islands was able to begin to canvass this, I’d like to
take this opportunity as well.
If the minister can explain to us the difference between a class 4
and a class 5 licence in terms of the driver’s exam, for example. What
is the difference? What do you have to do for a class 4 licence that you
don’t have to do for a class 5 licence?
Hon. C. Trevena: I’m glad that the member also recognized that this isn’t actually
covered in this section. This is about vehicle licences and not drivers’
licences. Drivers’ licences, as the member is well aware, are covered
under Motor Vehicle Act regulations, which are the responsibility of the
Minister of Public Safety and Solicitor General.
[3:40 p.m.]
However, I will inform the member that a class 4 is a commercial
class of driver’s licence. They do have a higher level of prescreening
criteria: you have to be at least 19 years old and hold a valid 1, 2, 3,
4, 5 or 6 licence or an equivalent licence with at least two years’
non-learner driving experience.
The prescreening for a class 4 is that driving records must have
fewer than four offences that resulted in penalty points in the past two
years; have no motor vehicle–related criminal code convictions — or
equivalent, if you’re not from B.C. — in the past three
years.
There is also the medical monitoring, the medical exam, which is
every five years until you’re 45 and then every three years from 45
until 65. The exam itself — there is both a written exam as well as a
driver’s exam. There is also the proof that you know what you’re looking
for when you’re checking your vehicle.
As I mentioned to the member for Saanich North and the Islands, if
the member goes on line, he will find a number of companies and
individuals who have failed their class 4 licence and talk about how
surprised they were, because they thought it was going to be quite easy,
and have either gone to have further training — there are training
schools that work specifically on commercial vehicle driving instruction
— or are working with such training organizations, have started
themselves. I think the member would find it very interesting to have a
look at that.
But as I mentioned before, and as I mentioned to the member for
Saanich North and the Islands, this isn’t in this section. It is Motor
Vehicle Act regulation.
J. Sturdy: What I hear the minister say is that there are issues around age,
the driver’s abstract, criminal code and medical with regard to a 4
versus a 5 but that otherwise, the difference is really just in a
pre-trip inspection versus not doing a pre-trip inspection on the
examination.
Hon. C. Trevena: I know there’s a huge amount of interest in this. That’s why I’m
very glad that when this legislation is passed — hopefully in the next
24 hours or so — we’re going to be having this discussion at the
committee, where we’re going to be looking at regulations, because we
want to be transparent on regulations and moving along there.
No, the member is incorrect. There is a harder test. Well, I
understand it’s harder, having read about it and having talked with
people. It’s a harder test, a harder written test. There is a driver’s
test, and there is the vehicle inspection. So you do have another test.
You’re not just learning how to inspect your car. You do, do another
test.
J. Sturdy: Well, just in the interest of full disclosure, I do hold an
unrestricted class 4 and have been through the test and know it to be
exactly the same test bank — at least that was my experience — and the
same requirements. You either know how to pull in and out of traffic, or
you don’t. Whether you have a class 4 or a class 5, the criteria is
exactly the same.
I would suggest to the minister that it’s not about driving
skills. It is about the items that you identified earlier around
abstracts, age, criminal code violations and medical. Then, of course,
there’s the pre-trip inspection. At least that certainly is my
experience.
Is the minister telling us, then, that there’s a different test
bank and a different skill set required to pass that driving test when
you take that test through ICBC?
Hon. C. Trevena: With all due respect to the member, I know that there’s a huge
amount of interest in this. It isn’t part of this section. We do have
the committee that is going to be struck, when this legislation is
passed, to talk about regulations, where this will be one of the items
that can be discussed in the committee. I know there’s a lot of interest
in the difference between a class 4 and class 5 licence. We’re happy to
have that discussion at that committee.
[3:45 p.m.]
I say that with all due respect, we have spent nearly an hour on
the discussion between a class 4 and class 5 licence in a
section of the
legislation where it doesn’t reside. It doesn’t reside at all in this
legislation. It’s in the MVA regulations. It is a regulation. It doesn’t
appear in this legislation. There is no discussion in this legislation
about a class 4 or class 5 licence.
With all due respect, Member, let’s have a really healthy debate,
a good policy debate, at the committee. We have a number of sections
still to deal with, and I’d be very happy to talk about the other
sections.
A. Olsen: Thank you to the minister. I guess I’m somewhat responsible for us
spending the last hour on this. This issue around licensing — I’m
comfortable, if this discussion is going to be going to the committee,
to have it there. I recognize the challenges that it poses to this
specific piece of legislation, but it’s not currently in the terms of
reference of that. Will the government be making the required changes to
ensure that it’s part of the terms of reference and that we can have
that discussion there? Following that, I’d be happy to move
on.
Hon. C. Trevena: To the member, yes, those terms of reference will be updated.
Thank you for the opportunity.
T. Shypitka: I’m just going to piggyback off the member from Vancouver–Sea to
Sky a little bit here. On the recommendation of a class 4, instead of
going through the onerous process of getting a class 4, where the skill
set may not be a lot different…. Did the minister consider the resources
that are needed to hire additional testers? I know that in my community
of Kootenay East, we have a long lineup of people just getting a class
The resources that will be required to hire additional testers to
encourage the backlog on class 4 licences will be long and lengthy. This
will slow down the process even more. So has the minister considered the
resources that are required to bring additional testers in
place?
Hon. C. Trevena: There have been more examiners hired. We’re anticipating that yes,
there will be whatever licence is finally decided upon. I want to see
class 4 there, but whatever licence is decided upon, there will be the
resources there to ensure that people can apply for their tests and take
their tests. As I do say, this is a matter that…. The licensing is ICBC,
the Solicitor General, not amendments to the Passenger Transportation
Act that we’re discussing at the moment.
T. Shypitka: It’s great to hear that there are more testers being provided. I
know that in my region, that is not the case right now, and we are
looking for more testers. But the question isn’t so much if new testers
are being provided now. It’s what will it look like once this comes into
play, when we’re needing more class 4 people? What kind of additional
resources, other than what we’ve got right now, will be part of the
program going forward? And what will that budget item look like? Do we
know how much that’s going to cost and how many resources we’re going to
need?
Hon. C. Trevena: As I say, the driver’s licensing is not part of this legislation.
It is not part of this section. It’s not part of the legislation. It’s
the Motor Vehicle Act regulation. There will be discussion about it
separately. We are looking at, through ICBC — not my ministry — ensuring
that there are testers in place to deal with whatever new numbers come
through of people looking for licences.
J. Sturdy: Similarly to my colleague, I hear that the wait in my riding is
literally months to get a driver’s test, so I can see that there would
be concerns.
I think I’ll take this opportunity to also recognize that the
Standing Committee on Crown Corporations also recommended a class 5
licence, so there is consistency there with the Hara report.
It is interesting to note that Operation Red Nose does not require
a commercial licence. A class 5 licence and a clean abstract is
something that is accepted by Red Nose. Hopefully, there won’t be a
consideration around changing that.
[3:50 p.m.]
Then I’ll also point out that only 10 percent of all of the
licences issued in British Columbia currently are commercial in nature.
The rest, 90 percent, would be standard personal drivers’ licences. So
this seems like a very significant potential barrier. There is, as I
said, a wait, and there’s a cost. I recognize that it’s not the
minister’s ministry, with regard to ICBC and the cost of taking these
tests, but it is, again, a barrier to participation.
Of the 10 percent of the drivers’ licences in this province that
are commercial, an interesting statistic there is that only 15 percent
of that 10 percent are actually held by women — just an interesting
observation of fact. Certainly, it doesn’t create an opportunity for
more people to easily participate in this activity of providing
transportation options for British Columbians.
I see that the minister has expressed some unwillingness to carry
on farther with this conversation, although they were pleased to provide
ample opportunity to her colleague in the confidence and supply
agreement. I will move on.
This section,
section 5, didn’t particularly have an impact on
taxis from operating in the past. Yet there is a proposed change to
section 23(1) so that a person must not operate a motor vehicle as a
commercial vehicle without charging a prescribed rate. I wonder if the
minister could explain about the need for this change.
Hon. C. Trevena: At the moment, the legislation reads in (c)(ii): “any rates
approved or set by the board under
section 7(1)(
f) and any rules made in
relation to those rates under
section 7(1)(g).” This new
section says:
“…motor vehicle are charged rates in compliance with, as applicable, (
i) rates approved or set by the board under
section 7(1)(f) [rates for
passenger directed vehicles], and (ii) rules made under
section 7(1)(g)
[rules respecting rates charged by licensees].” So there is, basically,
almost no change.
With that, Madame Chair, I move the committee rise, report
progress and ask leave to sit again.
Motion approved.
The committee rose at 3:54 p.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was
granted leave to sit again.
[3:55 p.m.]
Report and
Third Reading of Bills
BILL 57 — ATTORNEY GENERAL STATUTES
AMENDMENT ACT,
Bill 57, Attorney General Statutes Amendment Act, 2018, reported
complete without amendment, read a third time and passed.
Hon. D. Eby: In this House, I call continued committee stage on Bill 55,
Passenger Transportation Amendment Act, 2018. In the little House, I
call Committee of the Whole, Bill 47, Health Sector Statutes Repeal
Act.
Committee of the Whole House
BILL 55 — PASSENGER TRANSPORTATION
AMENDMENT ACT, 2018
(continued)
The House in Committee of the Whole (Section
B) on Bill 55; L. Reid
in the chair.
The committee met at 3:58 p.m.
section 5 (continued) .
J. Sturdy: There clearly has been a series of concerns raised with regard to
the issuance or the requirement around a valid safety certificate and
other pieces of this section. So I’d like to, at this time, move an
amendment to the proposed amendment to Bill 55, Passenger Transportation
Amendment Act, 2018.
I move that the Passenger Transportation Amendment Act, 2018, be
amended.
[4:00 p.m.]
SECTION 5, by deleting the text shown as struck out
and adding the underlined text as
shown:
Section 23 (1) is repealed and the following substituted:
(1) A person must not operate a motor vehicle as a type of
commercial passenger vehicle unless the following requirements are
met:
(
a) the motor vehicle is being operated under a valid licence
that authorizes the motor vehicle to be operated as that type of
commercial passenger vehicle;
(
b) the motor vehicle is being operated under a valid safety
certificate;
(
c) the person meets prescribed requirements and is otherwise
operating the motor vehicle in compliance with the licence, this Act,
the regulations and other applicable laws;
(
d) passengers transported in the motor vehicle are charged
rates in compliance with, as applicable,
(
i) rates approved or set by the board under
section 7 (1) (f)
[rates for passenger directed vehicles] , and
(ii) rules made under
section 7 (1) (g) [rules respecting
rates charged by licensees] ;
(
e) the motor vehicle meets prescribed
requirements.
(1.1) Notwithstanding anything in the Motor Vehicle
Act or the Motor Vehicle Act Regulations or any
other Act or regulation, the holder of a Class 5 or superior
driver’s licence, as that term is used in the Motor Vehicle
Act or the Motor Vehicle Act Regulations , is
permitted to operate a vehicle in their business of operating a
passenger directed vehicle. ]
Point of Order
Hon. C. Trevena: I rise on a point of order. This amendment deals, in the second part,
with matters that are dealt with in regulations that are not dealt with in
this bill at all.
The
section deals with matters that are in the motor vehicle, MVA,
regulations section. They are not being dealt with here, so they are
literally foreign to this bill. It has nothing that is relevant with this
bill. There is no issue…. There is no discussion in this bill about driver’s
licence classes. It’s not in any legislation anywhere, so I believe that
this amendment will be out of order.
The Chair: Does West Vancouver–Sea to Sky or Kamloops–South Thompson
wish to respond?
T. Stone: Chair, obviously we’ll wait for and respect the advice that you
provide us on this matter.
What we’re trying to do here is provide a thoughtful amendment, which
we believe gets to the policy aspect of this section, which we believe fails
British Columbians and fails participants in the existing and the new
industry. I’m not aware of any rules that preclude members of this House
from moving amendments to legislation that is being debated in this
House.
The general theme and nature of this
section is safety and safety
provisions. The amendment that’s being proposed, thematically, also relates
to safety. So we would hope, Madame Chair, that you would provide us some
guidance on this and that you would see that we’re just trying to be
thoughtful and cooperative here, in spirit of what this
section actually
entails, to offer an amendment that we very much believe is in
order.
The Chair: The Law Clerk is pondering, so does anyone else wish to make a
comment?
J. Thornthwaite: I, too, agree that we should be looking at this amendment proposal and
agree that it is thoughtful and, if accepted, will help to bring
ride-sharing to British Columbia much, much sooner than it would without the
amendment. So I think that there’ll be lots of support from consumers —
i.e., potential customers of ride-sharing.
I’d also like to reiterate what my colleague said with regards to the
potential drivers of ride-sharing. Many of them might be part-time drivers,
moms just dropping their kids off at school and then trying to get a few
extra bucks during the day in between drop-off and pickup of their children
from school.
[4:05 p.m.]
I have talked numerous times with taxicab drivers over the past little
while who have said that they actually support ride-sharing and would really
like to be a ride-sharing driver. They made it really clear that they were
looking forward to having ride-sharing come into British Columbia to augment
the work that they do for their respective taxicab drivers. Plus the fact
that one driver told me that he was sick and tired of having to have long,
long hours driving for this taxicab driver, so it would give him more
options driving for a ride-sharing company.
If this amendment is possible to go through, I will be supporting
it.
The Chair: Minister, is there anything you would wish to add?
Hon. C. Trevena: Thank you. Well, our concern here is that driving licensing is not
given a class within the statute. It is in the Motor Vehicle Act. It is not
in any legislation anywhere, because if you start hard-wiring licences into
legislation, it is difficult to change it. So it is, therefore, in
regulation. It is part of a detailed and balanced code. It includes
offences, conditions, restrictions,
definitions, and so on. I think
everybody is aware of that.
But in addition, adding a driver’s licence class into a different
statute that’s not in this statute at all — it’s not in the Passenger
Transportation Act; it’s regulations to the Motor Vehicle Act — may lead to
unintended consequences, not just in this act, but right through many pieces
of legislation. It may not legally operate as intended. So as I say, this
should be under the Motor Vehicle Act.
Further, there are concerns with the language in the amendment,
including the idea of a superior licence to a class 5. It’s uncertain what
that means and just what this would be related to. Is it both TNSs and the
taxis, as well as the TNS system?
As I say, none of the amendments in the bill preclude a change to the
Motor Vehicle Act regulations, which will be discussed in the committee of
the Legislature, which will be struck when this legislation gets passed.
That will allow fulsome discussion about the pros and cons of whether it
creates enough safety there.
But this, as I say, would have…. One, it’s not a relevant area to be
discussing this; and secondly, it could have huge unintended consequences.
It is part of the Motor Vehicle Act regulations, not amendments to the
Passenger Transportation Act.
Point of Order
(Chair’s Ruling)
The Chair: According to Parliamentary Practice in British Columbia ,
fourth edition, on page 218, an amendment that goes beyond the scope of
a bill or alters the principle of a bill as agreed to at second reading
is not admissible.
Committee of the Whole House
BILL 55 — PASSENGER TRANSPORTATION
AMENDMENT ACT, 2018
(continued)
Section 5 approved.
section 6.
J. Sturdy: I’m wondering if the minister could let us know why the change of
wording from “convey” to “transport.” The definition includes the
meaning, or is it simply a term change?
[4:10 p.m.]
Hon. C. Trevena: Thank you to the member. It is plain-language drafting. People
don’t say “convey” very much anymore.
Section 6 approved.
section 7.
J. Sturdy: Is it the case that this
section would prohibit people from
advertising services such as Uber or other ride-sharing companies that
don’t operate within the province?
Hon. C. Trevena: What this
section does — it clarifies that you can’t advertise
unless you have a licence that you can provide the service. So if you
have the licence, you can advertise. If you haven’t got the licence, you
can’t advertise.
J. Sturdy: What’s the intention behind the purpose of this
amendment?
Hon. C. Trevena: To the member: all it is, really, is that you cannot say that you
can provide a service unless you hold a licence that authorizes you to
do so. Basically, you can’t say that you can do something unless you’ve
got that licence which allows you to conduct that business. It’s pretty
straightforward.
J. Sturdy: In other words, at this particular time, Uber could not advertise
because they don’t hold a licence.
Hon. C. Trevena: Until they get a licence, they cannot advertise. Their fleets
don’t have a licence, so they cannot advertise at the moment.
J. Sturdy: For clarity, then, if this legislation passes, Uber would not be
able to advertise at all with their name, or Lyft could not advertise,
or any other ride-hailing industry could not advertise regardless of
what the intention is behind it in terms of marketing their business or,
you know, promoting product in other jurisdictions. But essentially, if
you don’t have a licence, then you’d not be able to promote your name.
Is that the literal
interpretation of this legislation or this
piece?
[4:15 p.m.]
Hon. C. Trevena: No company can advertise that they are providing a service for
app-based ride-hailing until they get the licence that is required,
that’s set out through this legislation, to work.
J. Sturdy: The ride-hailing companies or TNSs will be able to advertise
themselves, just not advertise that they are providing a service. As
long as they’re marketing their business, that’s fine — but not that
they’re providing a service?
Hon. C. Trevena: Yes.
Sections 7 and 8 approved.
section 9.
J. Sturdy: Similar to
section 5, there is certainly concern in this
section —
the requirement for a class 4 licence, which is too onerous and
restrictive. I think we all agree that public safety is paramount, but
with appropriate safety rules, the issue of the public’s well-being
while travelling in a ride-hailed vehicle can be dealt with effectively
without having to implement such onerous conditions.
Similar to our
section 3 amendment regarding overly restrictive
conditions on rate-setting by a ride-hail company, as this
section deals
specifically with transportation network services, we are going to
propose a further amendment that would eliminate class 4 restrictions
for ride-hail companies and drivers and restrictions on rates charged by
ride-hail companies. As such, I’d like to move an amendment.
SECTION 9, by deleting the text shown as struck
out:
9 The following
section is
added:
Licence required to provide transportation network services
23.1
(1) A person must not provide
transportation network services unless the following requirements are
met:
(
a) the person is authorized under a valid licence to provide
the transportation network services;
(
b) the person holds a valid safety certificate;
(
c) the person meets prescribed requirements and is otherwise in
compliance with the licence, this Act, the regulations and other
applicable laws;
(
d) passengers transported in passenger directed vehicles
operated under the licence are charged rates in compliance with, as
applicable,
(
i) rates approved or set by the board under
section 7 (1) (f)
[rates for passenger directed vehicles] ,
and
(ii) rules made under
section 7 (1) (g) [rules respecting
rates charged by licensees] .
(2) Without limiting
section 23 (1), a person who drives a motor
vehicle as a commercial passenger vehicle must not transport in the
motor vehicle, as passengers, persons who hail the motor vehicle through
the use of transportation network services unless the licence under
which the person is driving the motor vehicle includes a transportation
network services authorization that expressly authorizes the motor
vehicle to be hailed through the use of those services.
(3) A person must not provide, or advertise or hold out that the
person is able to provide, transportation network services unless the
person is a licensee whose licence includes the transportation network
services authorization necessary to provide those services.
(4) For certainty, a person does not provide transportation
network services by driving a passenger directed vehicle under a
transportation network services authorization.]
On the amendment.
J. Sturdy: Really, this is about the fundamental way that this service works
internationally and, certainly, nationally and North America–wide, in
that the rates are flexible.
[4:20 p.m.]
The rates change, based on demand. More drivers come into the
market when there’s more demand and they can be attracted into the
market. There can be discounted opportunities when the market conditions
dictate that.
Ultimately, it is a consumer-driven market and a consumer-driven
demand that dictates the price that will be paid. Certainly, we see that
in virtually every other aspect of our economy. I wish I could determine
and dictate the price my farm’s going to get paid for potatoes, but the
market dictates that. I believe that it’s in the best interest of the
consumer and a functioning market to limit the opportunity for the board
to set pricing.
Hon. C. Trevena: We started touching on this last week, talking about pricing and
the rates being set. The government thinks it’s very important to really
have the lower and the upper limits. The member talks about this being
consumer-driven, that we have, basically, what would be a free-for-all.
We’re looking at it as a sense of consumer protection. We want to be
able to protect consumers from that free-for-all.
I think the member must be very well aware — having done a lot of
work, clearly, on app-based ride-hailing — that people do get hit by
surge pricing; the stories about whether it’s raining and suddenly
you’re being charged a lot. But just for example….
We have a number of jurisdictions now ensuring that there is not
going to be surge pricing, including New York City, where they are
actually looking at many of the provisions that we have in our
legislation, having had that free-for-all and now sort of ratcheting
back.
In Edmonton, we had, almost two years ago now, a New Year’s Eve
customer charged more than $1,100 for a ride. He did then get offered a
refund of $500. We don’t want to see that here in B.C.
In Toronto, somebody was charged, just last year, $18,518 for a
20-minute ride. It was a mistake. It was rectified. Still, those
mistakes do happen, and they’re not always rectified.
There have been studies done in New York, which is changing its
regulations to match pretty well what we’re looking at, where they found
that Uber drivers have been tricking the app into thinking there was a
shortage of cars, which raised the price.
We see, again, throughout many U.S. jurisdictions, a surge in
pricing on New Year’s Eve. We get one where, in Honolulu — people going
to Hawaii for Christmas, watch out for this one — sailors getting off
the ship were quoted as much as $221 to get to Waikiki. A cab ride was
$44.
What we’re doing, through this and through this section, and why
we think it’s so important to keep this
section is to have that consumer
protection, to ensure that we have the base level, as we do with the
taxi industry, so drivers and companies know that there will be a bottom
level. It won’t go to the complete bottom, and there will also be that
top level.
Rather than having it, as the member would like to see, be
consumer-driven, we think that consumer protection and making sure that
consumers are not unfairly gouged is the right approach. So we’ll be
opposing this amendment.
[4:25 p.m.]
The Chair: The amendment is in order.
T. Stone: I appreciate that this amendment is in order.
Again, the essence of what we are proposing here is to reflect
what is an important, consumer-driven need. That is to have
transportation options. I would suggest that seeing an increase in price
— and the minister can throw all kinds of, you know, real outlier
situations at us, a couple of hundred dollars here or $50 there, in
contrast to what a much lower fare would look like…. I would suggest a
couple of things.
One, consumers will make that decision as to whether or not they
want to actually go through with the transaction. That’s the whole point
of the ride-sharing model. The discrete transaction is made ahead of
time. It’s made through an app. It’s done through a secure financial
transaction. And passengers don’t need to agree to it. That’s
one.
Two, I would submit that paying a little bit more at peak times,
and in some cases maybe paying a fair bit more at peak times, whatever
that is — if it’s New Year’s Eve or if there’s some major surge of
passengers that come off a cruise ship — is better than standing in the
rain, trying to find transportation. It’s better than, you know, in the
middle of the night, trying to arrange transportation that might not
ever come. It’s better than finding yourself in an unsafe situation,
whereby you can’t get a ride when you absolutely need it.
We’ve heard from many members of this House, and in fact,
reflected from all parties and all regions of the province, situations
from our constituents and consumers who have faced those kinds of
situations.
What we’re saying here through this amendment is, fundamentally,
the price regime needs to be driven by the consumer, not driven by
government. Not driven by a big bureaucracy, but driven by the consumer,
whereby the prices will inevitably be lower when there is less demand,
and prices will be higher when there is higher demand.
Importantly, we’re not suggesting that this flexibility in pricing
only be available to ride-sharing companies. We’re saying it should be
available to TNS operators, whether they are taxi or ride-share. That
was part of the fundamental change that we incorporated in our private
member’s bill that was introduced today — again, to remove or ensure
that there is no obstacle to the entry into British Columbia of
ride-sharing companies. The tight, tight controls on supply and on
pricing represent those kinds of significant obstacles.
We’re not confident that ride-sharing will ever see the light of
day in British Columbia if we don’t address ensuring that these kinds of
obstacles, as represented through price controls, are actually removed
and not there as barriers to entry.
On that basis, I wholeheartedly support this particular
amendment.
A. Olsen: To this amendment…. I just want to say clearly that the B.C. Green
caucus is not going to be supporting this amendment.
There are a few reasons why. I think that it’s important to point
out that, if the official opposition wanted to completely deregulate
this environment, they had the opportunity to do that and decided, for
whatever reason…. As the former minister has stated, and I absolutely
take him at his word, he was ready to do it, but for whatever reason,
the party decided not to move forward — and could have created the
entirely deregulated environment that we’re in.
I’ve also been clear that some of the aspects of this current
legislation, I find to be too restrictive. What I’ve been trying to
strike here is a balance, a middle-of-the-road approach, recognizing the
fact that jurisdictions around North America and around the world are
indeed learning from….
[4:30 p.m.]
This is one of the benefits, as I mentioned at the end of last
week, the last time that we had the opportunity to debate this. Whether
or not I necessarily agree with the minister’s examples that were used,
I would say that I agree with the principle that was being used — that
we have an opportunity to learn from the early adopters, from those that
were first entrants into the market.
So we do not support the completely deregulated environment that’s
been put forward by the official opposition. That said, I think some
aspects that have been pointed out around surge pricing and some of the
aspects of the ride-hailing i