British Columbia Hansard — Thursday, November 8, 2018 p.m. — Number 183 (HTML) (41st Parliament, 3rd Session) (20181108pm-House-Blues)
20181108pm-House-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, November 8, 2018
Afternoon Sitting
Issue No. 183
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Orders of the Day
Third Reading of Bills
Bill 48 — Temporary Foreign Worker Protection
Act
Second Reading of Bills
Bill 51 — Environmental Assessment Act
(continued)
R. Coleman
J. Rustad
Hon. G. Heyman
Royal Assent to Bills
Bill 39 — Poverty Reduction Strategy Act
Bill 41 — Advanced Education Statute Repeal Act
Bill 44 — Budget Measures Implementation (Employer Health Tax) Act,
Bill 46 — South Coast British Columbia Transportation Authority Amendment
Act (No. 2), 2018
Bill 48 — Temporary Foreign Worker Protection Act
Bill 53 — Recall and Initiative Amendment Act, 2018
Second Reading of Bills
Bill 51 — Environmental Assessment Act
(continued)
Hon. G. Heyman
Bill 52 — Agricultural Land Commission Amendment
Act, 2018
Hon. L. Popham
I. Paton
A. Olsen
N. Simons
L. Throness
C. Oakes
S. Gibson
D. Barnett
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 49 — Professional Governance Act
(continued)
P. Milobar
Hon. G. Heyman
S. Furstenau
R. Sultan
M. Lee
S. Thomson
THURSDAY, NOVEMBER 8, 2018
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth:
I call third reading of Bill 48.
Third Reading of Bills
BILL 48 — TEMPORARY FOREIGN WORKER
PROTECTION
ACT
Bill 48, Temporary Foreign Worker Protection Act, read a third time
and passed.
Hon. M. Farnworth:
I call, in this chamber, continued second reading debate on Bill
51, the Environmental Assessment Act. In Committee A, in the Douglas Fir
Room, I call committee stage on Bill 49, the Professional Governance
Act.
[1:35 p.m.]
Second Reading of Bills
BILL 51 — ENVIRONMENTAL
ASSESSMENT
ACT
(continued)
R. Coleman:
As I start my conversation with regard to the Environmental
Assessment Act this afternoon, there are a couple of things I want to
touch on. The act itself spends a lot of time on First Nations, and I
want to reference some comments that the member for Skeena asked me to
refer to as we were going through this discussion, simply because the
First Nations side is really near and dear to my heart.
[L. Reid in the chair.]
As we went through the negotiations for the Trans Mountain
Pipeline and also for the liquefied natural gas plants, both in Kitimat
and Prince Rupert and in other areas of the province of British
Columbia, the thing I got to learn, as I was given the job of the
government-to-government negotiations for benefits with First Nations,
was how important economic development was in the north — the northeast,
the north central part of our province and in the northwest.
I sat across the table from people from communities and went into
their communities where the suicide rates, the unemployment and the
economic prospects were dire. They really thought this might be an
opportunity to get training for their young people, to change that cycle
of poverty and change it to a better opportunity for their communities.
They sat down and negotiated and worked with me, whether it was the
Carrier-Sekani Tribal Council, who I negotiated a benefits agreement
with — that’s seven First Nations in British Columbia — or whether it
was the Metlakatla, the Lax Kw’alaams, the Wet’suwet’en and other First
Nations.
My colleague from Skeena actually has been at the forefront of
this with his community in the fact that he recognized a long time ago
that being beholden to the Indian Act and the money that was being sent
to his community was not accomplishing what they needed to accomplish in
the Haisla First Nation. What they wanted to accomplish was lifting
people out of poverty with the ability to get trades and jobs. The
transformation has been dramatic in that particular community because of
his leadership.
He has some comments in and around this that, I think, we should
all reflect on as we deal with this particular piece of legislation. He
says that consent provision is not consent. Case law is explicit in
saying that there is no veto consent, but it is recommended that all
parties reach an agreement. That’s what we do now. We actually work to
reach agreement. It’s a permissive clause, meaning that consent is
allowed if the government agrees to allow the First Nation to have the
power of consent.
First Nations already have the Indian Act, telling them what they
can and cannot do. His comments to me are that they don’t need the B.C.
government to duplicate Indian Affairs. What First Nations need is
support in their pursuit to get rid of poverty through their desire for
economic development. The biggest complaint about the Indian Act is that
the Indian Act treats First Nations like children — thus, the
paternalistic comments. First Nations don’t want — and, quite frankly,
don’t need — more paternalism coming from any government, let alone the
B.C. government.
It’s unfair to raise UNDRIP expectations of First Nations when
this current government is using case law in the courts for argument, as
we speak. The reality is that a number of projects have gone ahead,
including Site C. There were First Nations that didn’t approve of it,
and this government went ahead. So consultation will not always lead to
accommodation, and accommodation may or may not result in
agreement.
“In the absence of agreement, Indigenous groups do not have a veto
over the government’s proposed course of action,” the province
argued, as per the Business in Vancouver
newspaper report
recently. The member for Skeena did let me know that he wasn’t either
glad or disappointed in that ruling. He was just pointing out that
government did what governments have been doing. Case law evolves, and
as case law has evolved, it becomes guiding principles as to how you
will go about doing the business of having projects approved.
[1:40 p.m.]
Now, I can tell you this, having been in small villages up and
down the coast and in communities that are not on the coast but in the
interior of B.C. The first thing someone who comes from the Lower
Mainland of British Columbia or even somebody that comes from the
Okanagan or someone who’s coming from Vancouver Island should understand
is that there’s a whole different dynamic for our First Nations
communities in the rest of the province.
The first dynamic is this. We have a very successful development
in growth and thousands of homes being built on the Tsawwassen First
Nation after they got treaty.
[The bells were rung.]
Ah, the four bells. Just so people understand, that’s actually the
little House. A bunch of people are scrambling down the hall to fill
their chairs for a vote in the little House, which doesn’t affect the
ongoing procedures in here.
As I was saying, the Tsawwassen First Nations have a treaty. In
that treaty, they got a number of pieces of property that they could do
economic development with. They happen to be beside the
multi-million-person environment of the Lower Mainland, where they could
have that economic development — either through housing, through
commercial development or even through the big mall that’s built there —
and gain the benefits from that for their community and the jobs. But if
you’re on a gravel road 60 kilometres out of Fort St. James, in a little
tiny community, and there is no economic development….
There’s nothing to do economic development with, and someone comes
and says to you: “We’re thinking of doing a project for liquefied
natural gas, which would require a pipeline to come through your
territory. We would like to sit down with you and work out what the
benefit agreement would be, long term, for the life of that project —
how much money we could actually put into your community as a benefit,
as an accommodation. We’d reach an agreement on the training of your
young people so they can have jobs that would come from this. At the
same time, how about you become the company or the organization that
does the environmental monitoring for the project?”
All of a sudden, you have a partnership with the First Nations on
the environmental relationship on the land and the resource development.
That’s what happened up there. That’s why the Coastal GasLink, or the
pipeline that can go into Kitimat, has First Nations agreement across
it, in order to get it built. That’s why the Haisla First Nation worked
with LNG Canada, as did the Metlakatla and the Lax Kw’alaams, who were
working with the project in Prince Rupert.
They see in their leadership the vision that the member for Skeena
had a decade ago. That vision is: “This is our opportunity, because we
don’t have the same opportunity of being in the Okanagan and maybe
having wineries, tourism and what have you so that we can build economic
development for our community, as you can in Osoyoos, or commercial
opportunities, as they have in Westbank.”
It’s really, really important that people understand how important
it is that this relationship with First Nations is such that it’s
respectful, it works and it doesn’t need to be condescending. It’s a
partnership between people who care about the same things we do: their
children, their grandchildren, their community, their quality of life
and something that they can build on to change their community for the
future.
Now, the interesting thing about this act is this: this government
has approved the Site C dam. They were certainly happy and smiling the
day that LNG Canada was approved. They were there for the photo op and
having the great, lovely time in Vancouver that they’d got this $40
billion project, the largest capital investment in Canadian history,
that had arrived in British Columbia. The Site C dam and that project
and the Trans Mountain pipeline thing have something that’s similar, in
common: they were all approved by the same environmental assessment as
each other.
[1:45 p.m.]
The one difference on Trans Mountain is that it also requires some
federal approval, because it comes across the border between B.C. and
Alberta. That’s why there had to be a federal process as well. Even on
LNG Canada, we had a process with the federal government worked out so
that we could work together and not duplicate the work, to make sure the
environmental assessment was as good as anywhere in the
world.
Now, as we talk about these projects, I want to remind some people
of a couple of things. This was the Premier on CFAX, December 12, 2011,
about LNG Canada: “They’re going to be asking for the same cheap energy
that the existing industry has, and we can’t let that happen. It’s a
problem.” No sooner did he become the Premier of the province than he
went and gave away the energy price to LNG Canada.
At the same time, they wanted to talk about selling out the
resources of British Columbia. This is the now Minister of Energy: “Now,
they wouldn’t understand what it means to say no to selling out this
province. They put themselves in such a desperate position when it comes
to negotiating for LNG that they had to say yes to any single thing that
walked through the door. That’s exactly what they have done. This is the
big sellout of British Columbia.”
She was referring to the agreement relative to the project that
was proposed in Prince Rupert. They’ve gone way further. There’s a
reason that that agreement should come to this House for debate. Not
only have they done a deal on the power. Sooner or later they have to
stand up and tell us what they did on the royalties. They’ve also got to
tell us what they’re going to do about the PST.
I think they sold everything out. They don’t want to come here and
talk about it, because they spent all this time saying how bad it was
that we would even consider doing it in British Columbia.
I just want to remember…. One of the members from Surrey, who is
the Minister of Labour, said on October 22, 2014, in the Vancouver
Province
: “The LNG…legislation introduced today was written
by industry for industry.” It was pretty fair. It had an LNG tax, an LNG
tax that the companies were agreeing to. You would have the gas flow
through to the plant, and when shipped out of British Columbia, a small
tax would be applied to it so that B.C. would get their fair
share.
There’s no LNG tax. Now, the question with that is why? How did
you replace this? What did you do? I’m not disagreeing with how they got
to this format, but I think it’s important, when you’re talking about
the Environmental Assessment Act, that you think about how you’re doing
business when you want to change how you’re going to do business in the
future.
Now, the interesting thing about this is that that tax was debated
in this Legislature. It was brought to the floor. It seems to appear
that they don’t want to bring their deal to the floor. The reality is
this. The LNG tax was there for two reasons. We could offset with
royalties in British Columbia to encourage natural gas from our gas
fields in B.C. to be sent to the LNG plant. British Columbians get the
full benefit, and that gas gets liquefied and sent around the world to
produce greenhouse gases in other countries around the world.
When you remove that tax, which is one of the things I’d like to
debate in this House, it means all the gas can come from Alberta and
Saskatchewan along existing pipelines, and B.C. never gets anything for
the gas because it wouldn’t be our gas. We’re doing our part on the
exploration side. The pipeline is coming through our territories and
First Nations territories, and the gas is being exported out of
Kitimat.
As we go through that, we have to think about other things that
are going on. I was recently in Ontario for a sad situation. My sister
had passed away. At the same time, you get together with people and get
to talk to them. One lady that I’d never met before but who knew my
sister started to ask me about oil and the pipeline in British Columbia,
to tell me how wrong it was that there’d be a pipeline to transport oil
from Alberta to the coast of British Columbia so that it could be
refined, some of it in North America and British Columbia, but also to
be exported from Canada.
[1:50 p.m.]
She said the watercourse is put at risk and all of this. I said:
“Do you know where your oil comes from?” She said: “What do you mean? It
comes from refineries in the Maritimes, and basically, that’s how we get
it.” I said: “Where do you think the oil comes from? Do you think it
might come in on a tanker from Saudi Arabia or some other country? Do
you think it might come up the St. Lawrence River and into the Great
Lakes? It’s not coming down a pipeline.”
She was shocked to actually believe that there are oil tankers
coming into Canadian waters when we have a resource in Canada. So I
explained to her the whole thing about oil and how it works
internationally and how people who tell us about our ethics in and
around our environmental standards, which are the best in the world, and
try and say we have unethical resources, when it’s also the cleanest LNG
in the world, are the same countries, some countries, that have no
respect for human rights for women. And we think that they’re more
ethical because they’re coming from some other country rather than
taking our resources?
We’ve got to give our head a shake and understand that the reason
environmental groups are funded from U.S. entities into Canada to push
back at our resources is that some of them are funded by major
corporations who benefit from saying that there’s cheaper gas and
cheaper oil being sent to the U.S. to be refined. So they get to make
the money at the refiner when they crack the barrel and make the
product.
I’m always happy to have a conversation about environmental
assessment acts and see what’s new coming along. But we should
understand that I’ve sat in boardrooms in China, Japan, Korea, England,
the Hague, also other countries like Malaysia, and been to international
conferences where people told me then that they don’t know how anybody
invests in Canada because you can’t get anything done. I defended the
fact that it takes longer to do stuff in Canada because we actually
respect the relationship with our First Nations — to make sure they
share in the benefits and that we also believe that the environmental
work is worth doing.
If it takes you a year longer or two years longer, the difference
you’re going to have is a stable environment for your resources in a
very peaceful country that isn’t going to be conflicted, and you’ll be
able to get your resources there for the duration of their value. I
think that’s important.
Earlier today one of the members in the House got up in question
period, from the Green Party. They said this: basically, mining is just
an environmental disaster in British Columbia. An environmental
assessment is done on every single mine in B.C., and there are standards
around it.
The incredible thing about that is this. When the member stood to
say that, after she said that, I thought: “You know what? I wonder if
that member has a cell phone. I wonder if that member has a computer or
a laptop or maybe an iPad. I wonder if she owns a car. I wonder if she
owns a bicycle. And I wonder if she knows that every single one of those
things that I just listed needs mining to exist.” Without the copper and
without the other metallurgical things that come in to build those
particular things, coming from mines, you don’t have any of
it.
When you get to this thing about how special you are on the
environment, you should remember those things, when you decide to be
critical on one side and use the very resource on the other side. Even
if a member has an electric car, the batteries need mining — to make the
batteries. The fenders are petroleum products. Some of the materials on
seats come from petroleum products. The glass comes from mines. How else
do you get glass if you don’t get the base product to actually make
glass for windshields and windows?
All of these things are related. We should understand that it
requires a balance for us under any act that we do with regards to
resources in our province.
[1:55 p.m.]
I think it’s important to understand that the reason Canada is
successful is because, quite frankly, it has gotten better and better
over decades at understanding the relationship with First Nations and
the economic opportunities for all, and it’s gotten better and better at
environmental work because we’ve learned more and more about how we do
these projects. It’s very important.
I want to quote the Premier again, because I was really there that
day in Vancouver when the $40 billion, the largest capital investment in
Canadian history, took place, all under the environmental standards and
the work that was done by the previous government. I want to just remind
him of this, December 30, 2015: “I would stop spending all my time
talking about an industry that’s going nowhere and instead look at those
areas of the B.C. economy that are really thriving.” Well, I can tell
you something. The economy in the area around Terrace and Kitimat is
thriving, and it’s about to thrive big-time.
I’d like to spend a couple of minutes on the Trans Mountain
pipeline, because I was one of the statutory officers that signed off on
the environmental assessment approval on that — 800 pages, a lot of
reading. What I spent a lot of time on, on that, though, was reading all
the things that went back and forth from First Nations to get to the
point where that thing could be approved.
This is what struck me. When I read this act the other day, I
thought, you know, they’re saying that you’ve got to get in there early.
You need to consult with First Nations early. You’ve got to get
community support early.
I’m reading it, and I’m thinking that this act describes exactly
what Ian Anderson from Trans Mountain did as the president of the
company with regards to that pipeline. Before they went to market to see
if they had the capacity or the oil to go into that pipeline, they went
to communities — not just First Nations communities but every community
along the entire proposed line for that particular pipeline — and
engaged early and talked to people and worked with them. It was actually
a significant commitment, and that’s why all the First Nations all the
way down the line have signed off on this project and said they support
it.
Now, there are a couple of exceptions where there have been
challenges. That can always take place, like it did on the Site C dam
that the NDP already approved with two First Nations wanting to have a
conversation about it again. The same thing here. But the reality is
that for anybody to describe anywhere along the line that people aren’t
being listened to or consensus isn’t being built, they’re just not
watching. They’re not paying attention, and they don’t understand the
significance of what we’re talking about.
Now, if you have ever been to Lax Kw’alaams…. Some people might
know it, in the old days, in the other days, as Port Simpson. It’s an
eclectic little community where you can actually see, from Lax
Kw’alaams, Alaska. I went up there one time when we were talking about
LNG with that leadership and that community to a full hall. People were
talking about the environmental issues and impacts, and when people
started to understand that the gas was the gas and it wasn’t liquid
until it was frozen, they thought: “Well, that’s not going to be a big
environmental challenge, relative to water courses and what have
you.”
We had different people presenting, explaining the project and
what have you, and then it was opened up for conversation from the
community. And I’ll never forget this as long as I live. At the very end
of the meeting, when people had to rush away to catch the ferry to
Rupert or the water taxi to Rupert from Lax Kw’alaams, because you can’t
get there by road, an elder stood up. Well, actually, he stood up with a
walker, and he was quite elderly. He went up to the front of the room
and took the microphone, and he started to talk to the kids, because the
grade 10 and 11 students, from the school that we were in the gym of,
were in the room.
He talked about fishing, and he talked about the fact that there
was something going on out there where somebody was taking fish before
they were getting back. He’d been fishing for 60 years. And he talked
about things like suicide and children or grandchildren that he had
lost, or nieces and nephews, over the years.
Then he turned to us, looked at us, and he looked back at the
crowd, and he said this: “I’ve been fishing for 60 years. Those jobs are
for the most part gone. Gone. These young people need a future. They
need a future where economic development, jobs and training are there
for them.” I’m paraphrasing.
[2:00 p.m.]
He said: “There was a day we talk about when you could walk across
the fish in the Skeena, when fish were plentiful.” We talk about the
days where things like…. We’ve had some of the reduction of fishery over
my lifetime. He said: “These children need a future. This is an
opportunity for their future.” And he says: “Let’s understand something.
All of those things you talk about that aren’t working so well in the
fishery…. LNG’s not here yet. You can’t blame it on that industry.” He
said: “Get these kids their jobs.”
I will never forget it, because there was the passion of somebody
probably 80 years old — the passion. When we went back up there to sign
the final benefits agreement, he was there, smiling like a Cheshire cat
because he thought we were getting closer and closer to a final
investment decision on a project up near Prince Rupert which would
benefit his First Nation and his grandchildren and his
children.
You can’t understand until you sit in a room with a chief in the
Carrier-Sekani Tribal Council who has had other people coming in from
outside communities — First Nations leaders, particularly — saying:
“This is how you should be doing things” and “Don’t negotiate” and what
have you. And finally — a day in Prince George I’ll never forget because
the tears in the room were profound and they were coming from the other
chiefs around the table when he stood up — he said: “Enough talk. I had
three suicides in my village last week. I want to make a deal. I want to
get on with this. I want to sign today with Rich and the government.
Let’s move forward.”
He said: “I don’t want to do this anymore. I don’t want to see
this in my community. If we don’t do something for its economic
development in the future, we’re letting them down.”
Don’t let the language in this bill take away from the fact of
what my friend from Skeena says, and that is that it’s important to
remember what economic development does, what job training does, to
change the cycle of poverty and the changes for outcomes for generations
for First Nations. Our job should be to get in there early, which I
agree with. To get it done, I agree with. But don’t just do it on the
basis that if there’s one competing, cross-border situation between
First Nations, you can’t get on with it.
The Tsimshian First Nations are a proud group of people — the
Kitselas, Lax Kw’alaams, the Metlakatla, Kitsumkalum and others, the
same territory as treaty lands held by the Nisga’a. Those First Nations
need to work together on whatever land use is going to take place from
here up in that area of the province. Because they all need to benefit.
The government, when they do their negotiations, should understand
that.
They’re negotiating on some stuff now. What I would suggest they
do is they go sit down with the chief of the Lax Kw’alaams, Metlakatla
and Kitsumkalum to understand what they feel about any deal they might
be wanting to make on land. Otherwise, it’ll just end up in some court
area, and nobody will be successful.
The area I’m talking about is in the Nasoga Gulf, which is an area
that is under some conversation with government on its sale. At the same
time, it appears that government is ignoring the wishes of all the First
Nations in the area. Don’t do that if you believe in the legislation you
just put in place here. Because you’re actually breaking your own
thoughts about what you should do.
As we go through environmental assessment and the stuff with First
Nations contained in the bill in committee stage, we need to have these
discussions. I want that guy in Lax Kw’alaams to see his grandchildren
get trades and jobs and opportunities. I want that First Nation on
gravel road 50 kilometres out of Fort St. James to have the same
benefits and opportunities. I want to see the benefits of economic
development flow into those communities along with the jobs and
opportunities, so they can change the outcomes, like they have with the
Haisla and other First Nations that have had economic opportunities. You
can only do that by working together.
Don’t put something in legislation that you put in a place, that
actually obstructs the ability for people that deserve to benefit from
what goes on in this province, simply because you want to write
something down on paper.
[2:05 p.m.]
My negotiations — all the negotiations, the deal that I did — as a
direct government-to-government negotiator, as a minister, came together
because of relationships, trust and understanding — and compassion and
understanding from each side of the table for what was going on here and
how people could benefit. Let’s not lose that.
As we discuss the rest of this bill, remember: the future for the
most important, impoverished people in our province is in front of us.
We need to continue to make that stuff work with economic development,
like the member for Skeena has been telling everybody for a long, long
time.
J. Rustad:
It’s an honour today to rise and speak to Bill 51 on behalf of my
constituents of Nechako Lakes. I just want to take a moment to think
about that. I’m here representing the constituents of Nechako Lakes
because I was elected to do that. If the electoral system changes, guess
what. Some people may actually be here to do that, and some people may
not be. Some people may be here to represent a party, as opposed to
being elected directly by constituents and have that honour and
responsibility of being their voice here in this Legislature.
It’s something to think about when we’re talking about something
as important as Bill 51, on the environment. People that come in here
and have the opportunity to say something and raise their voice for or
against a particular bill or in a way to try to improve a bill…. Their
priorities are based on who elected them, why they’re here. If they’re
elected or appointed because of a party, is that the kind of democracy
that we want to see in this province?
On Bill 51, the reason why I’m so pleased to be able to stand up
and speak about this…. My riding of Nechako Lakes is a relatively rural
riding…. Well, not relatively; it’s probably one of the more rural
ridings in the province. It’s about 2.2 times the size of Vancouver
Island with many small communities, and resource activities are
critical. Whether it’s agriculture, mining, forestry or projects like
LNG, it’s critical for my riding.
And you don’t get projects that come along very often. Lots of
people would like to see projects develop, and there are potentially
hundreds of projects. But the reality is that out of all of those, maybe
you get a chance at one. The process of going through, trying to get a
project moved forward that can change lives and support communities,
that supports families and keeps families together so that kids can have
jobs in an area…. The process of going through that has to be able to be
fair.
It has to be able to be comprehensive, of course. This is about
the environment; it’s about environmental assessment. But it has to also
be in a way that is achievable. It can’t be endless. It can’t be going
on with tremendous costs so that it discourages a small company from
even wanting to bring a project forward because they can’t afford to go
through the process. It takes too long. It’s too involved and too
engaged.
I believe in small business. I believe in small companies. Most of
the area in my riding is small companies and businesses. Yes, there are
the large Canfors and the West Frasers, but there are many small
businesses, which hire the majority of the people in my
riding.
This bill here, as it’s brought forward, will create some
challenges for those companies to be able to actually move forward and
do projects — do projects of a significant nature, one that requires an
environmental assessment. I look at this and think: “What’s the
intention of this government? What are they trying to do with this bill,
combined with all the other bills that they have been doing?” The layers
of challenges and expenses and bureaucracies that are coming on are
going to make it difficult.
Yes, the economy is moving along, and we left the economy in great
shape when the current government inherited it. But as things slow down,
it’s going to be very, very challenging. We’re even seeing today,
especially in forestry, companies stop investing in British Columbia.
They’re investing south of the border instead. Capital is mobile. It can
go anywhere. It’s that investment and that confidence that creates a
real challenge to this province.
Somebody said many years ago that there are two types of strikes:
there’s a labour strike, and there’s a capital strike. And a capital
strike is far more damaging to an economy than a labour strike, because
without the inflow of capital and without the confidence of people being
able to invest in a province and being able to see projects move
forward, what do you have?
[2:10 p.m.]
You have a slow deterioration of your existing infrastructure, and
you do not have the renewal and the new investments that are needed.
Part of that, that idea of being able to track capital, is for people to
have confidence to be able to move forward a project. Environmental
assessment, particularly when you’re thinking about a new mine or an LNG
project, is critical. If a company can’t see a way to be able to move
forward or sees that it’s just too challenging to do, you’re considered
high risk, high cost, and the capital goes elsewhere.
Looking at this bill, the Environmental Assessment Act, there are
many things that are in this bill that I think are interesting. In my
riding, Nechako Lakes, I have 13 First Nations that have their head
offices or the main — if you want to call it this — the core territories
within my riding. I’ve got many other nations that overlap into my
riding. But I think about those 13 First Nations and what they’re trying
to do.
My colleague and friend from Langley East talked about an example
that I want to elaborate on a little bit more. The Chief of the
Tl’azt’en Nation was the chief that the member was speaking about who,
upon seeing this LNG opportunity, negotiated hard and came to a position
where he said: “Okay. This can go ahead.” There were tears in his eyes
because he knew what a difference it would make for his nation and for
his people.
As a chief, when you’re thinking about…. I’ve never been a chief.
But when you’re thinking about your people and you think about suicides
that you have to witness and the tragedy that brings to families and to
people and to loved ones in a community…. Why? Why do those suicides
happen? Because people don’t have hope. What are they looking forward
to? Where’s their future?
There was a lady in a neighbouring nation, the Nak’azdli Whut’en,
which is in the Fort St. James area. She came to me back a few years
ago, and she had brought me a little gift. She brought me a meat
offering, which is really…. I was very, very touched by her coming and
doing it. I asked her why she did that. She said that she’d been living
on the street, a single mom, and she didn’t have an idea where to go
with her future. She was depressed. She couldn’t provide for her child.
She was wondering: where could she go? What was her future?
A mining project came along. That very nation that she was from….
As a matter of fact, a lady who ran against me, who currently works in
this government, tried to oppose that mining project.
She, with her nation, went on and on and on, through the
environmental assessment process, fighting for this project to come to
fruition. That young lady, because of that project, got a training
program. She got into the College of New Caledonia up in Fort St. James,
and she got herself a little bit of training and education. She got her
first job, and she was so proud of the fact that she was able to now
provide for her child because she now had a job.
She came back from that job. When I saw her, she had gone back
into college. She was taking additional training because she wanted to
be able to advance and do some additional jobs. There were openings and
potential for her. She said to me that the difference this had made for
her is now that she…. She was a better mother. She was able to provide
for her child. She was more engaged with her nation. She was more proud
of her heritage and who she was, and she had hope for the
future.
That young lady was able to get that work because Mount Milligan
was able to get an environmental certificate, and Mount Milligan was
able to go forward and become a reality. Hundreds of people now work at
that mine. Hundreds of people from my riding and other areas around the
province go in and work at that mine. Yet through the environmental
assessment process, there were challenges. It was difficult to get
through. And rightfully so. Projects do need to be scrutinized. Projects
do have to have the opportunity for input to try to improve them and try
to move them forward.
[2:15 p.m.]
When you look through at what this bill does, this actually
creates even further barriers to how a project can proceed. I think
about the future of that young lady and what a project like Mount
Milligan has meant for her and for so many like her. I think about this
government’s approach of layering on bureaucracy, layering on
challenges, making it even more difficult. That’s not reconciliation.
That’s not trying to improve lives. What is it we’re trying to do
here?
Looking through the bill, the bill has many places where it talks
about engaging and needing consent and going through the process. That’s
fine. You know what? That’s what we were doing.
Under our government, we had brought First Nations in to be
actually at the table — not on the opposite side of the table but on the
same side as the environmental assessment, working to make sure the
information was in, to make sure that we had a full understanding,
engaging and bringing the whole process forward so that it could be as
comprehensive as possible, taking into consideration all of the factors
that need to be done. That’s a good thing. It’s an important piece of
how projects should go forward, but it wasn’t an added layer of
bureaucracy or cost.
When you look at this bill, one of the most startling components
is that this government is now going to download the entire cost, or
potentially the entire cost, of an environmental assessment on to the
proponent. When you think about the hours and hours and hours of
engagement, trying to build consent, dealing with dispute, dealing with
moderators, going back and forth trying to do all this work — wow. That
is a very expensive process.
Not only does the company have to pay, of course, for their side
of it. They’re now going to have to pay for First Nations engagement
and, likely, government engagement, in terms of the fees and schedules
that’ll be set up as part of going through an environmental
assessment.
I don’t know what these guys think. I’m proud of the fact that in
my life before I got into politics, I ran my own company. I signed the
front side of a paycheque. I understand what it takes to hire people —
the risk, the challenges, worrying about making sure that you have
enough work for somebody to be able to go through on a daily basis.
These guys don’t know that. I don’t know if there’s a single person over
there that’s ever signed the front side of a paycheque.
Interjection.
J. Rustad:
The member opposite says: “Give him a break.” Stand up and talk to
this bill and give us the example of you signing the front side of a
paycheque.
Speaking from my side of this Legislature, speaking for my party,
you have many people on our side who understand that. They understand
the challenges of what it takes to be successful in the business
community. They understand the fact that sometimes, when you’re doing
work and you’re going throughout the entire year, you actually don’t
even collect a paycheque until the last few months of the year because
everything else is being eaten up in expenses. It’s tough.
Layering on additional costs like the employer health tax, like
the other components that this government has done — and now, additional
costs of trying to move a project forward — just drives people out of
this province.
It comes back to what I was talking about earlier, about a capital
strike. When capital and companies and individuals have the lack of
confidence to invest in the province, you dry up that investment, and
you ultimately choke off your economy. It’s not a healthy environment to
be able to be in.
The certainty that’s needed when you think about a project going
forward through an environmental assessment is critical, because once
again, it’s the confidence. What you see that was actually written into
this bill is if a project does not follow government policy, it can be
terminated. Government policy? We have seen from this government their
desire to kill the Trans Mountain Pipeline project. In the CASA
agreement they signed, they said they would use every tool in the book
to stop a project like that from going forward.
Under this new environmental assessment, that project wouldn’t
even have an opportunity to get an environmental certificate because it
doesn’t follow government policy. Therefore, it can be terminated
without cause simply because of a political decision — not whether it’s
good for the environment, not whether it’s good for the economy or for
society or social issues, but simply because of politics. It’s not the
way a government should be run.
[2:20 p.m.]
I think about the Trans Mountain project and its going through. My
colleague from Langley East once again talked about all the nations that
had been engaged and involved and were part of that. That’s great to
see.
When I think about 43 different nations that have signed on and
are part of it and supporting it and want to see it happen, there are
two that opposed. And they aren’t even on the line. They just have
traditional territories that go in. Yet those voices are far louder than
the 43 that are supporting the project.
Is that fair? Is that right? Think about that chief. Going back to
the Chief of Tl’azt’en Nation that I spoke about earlier, it’s very sad
to know that he won’t see the LNG project come to fruition. He passed
away before the announcement could be made. It’s very sad. This was his
hope for his nation — to be able to see the changes.
Those 43 nations along the line, along the Trans Mountain
pipeline, are thinking the exact same thing. This is their hope, for
their people, to try to lift people out of poverty, to try to make a
difference and change. Yet this government continues to fight against
it, and this piece of legislation will give them another tool for any
project like that, simply because of politics and it doesn’t follow
government policy. It’s not right.
On Monday and Tuesday of this week, I had the honour and pleasure
of attending a conference in Vancouver. It was the conference of the
National Coalition of Chiefs, chiefs from across the country —
particularly, though, from the Prairies and British Columbia — that had
gathered to talk about how to be engaged and involved, how to benefit
from resource development, how to look at things like ownership of
something like the Trans Mountain pipeline, how to build their future.
Many chiefs got up and spoke, one after another, and talked about what
economic development had meant for their nation.
One chief from Alberta: the average income for people in his First
Nation community was $75,000 a year, more or less — compared to the
average in Alberta for other First Nations of around $22,000 or $25,000
a year — because they were engaged in resource development and the
difference it made.
What do you think those people are doing? They’re buying vehicles.
They’re building their home. They’re building their future. They’re
raising their kids. They’re being able to provide, and they’re not
reliant on government handouts. That’s the difference a resource project
can make.
In attending this coalition conference, it struck me when I
thought about projects like Trans Mountain pipeline: that’s the core of
reconciliation. You cannot have reconciliation if you do not have
economic development. It’s not there. Government and government cheques
have been part of the problem, not part of the solution, for First
Nations right across this country but especially here in British
Columbia.
How do you provide for your people when you have to be reliant on
government and a cheque that comes in? How do you support your people
when government is overlooking every step that you do, in a
paternalistic way? It’s not the right thing to do for First Nations. Yet
you look at this bill, and guess what. It just follows in the same
footsteps. It’s doing more of the same. It’s not trying to figure out
how to get First Nations out of poverty, how to get them away from
things like the Indian Act and how to move them forward with
progress.
Certainly, it’s not surprising, given this government’s position
on something like the Trans Mountain pipeline project.
Just a side note. It has gone back to the courts, and they’re
going to look at the potential impact on orcas from tanker traffic and
these types of things. Well, 23,000 ships moving through that area
annually, and they’re talking about one ship a day going through and
having an adverse impact? It has to be looked at. Okay, the courts have
said to go back and look at it.
[2:25 p.m.]
The funny thing is this. I always used to like to think about Paul
Harvey from back in the 1980s, the radio broadcaster who’d say: “Now for
the rest of the story.” Back when whales were being hunted to
extinction, Victoria, at the time, had postcards showing a whaling ship
harpooning a whale and saying: “Come to Victoria for opportunities,
because there are so many whales off our coast.” Whales were being
hunted to extinction.
Do you know what saved the whale? It wasn’t protest ships. It
wasn’t environmentalists. It wasn’t all the groups standing up to this.
It was the oil and gas industry. The Canadian invention of kerosene,
overnight, replaced the need for whale lamp oil. The need for hunting
whales came to an end overnight, thanks to the oil and gas industry.
Just a little side note in terms of protecting orcas, when we think
about tankers moving through the straits, as one ship of 23,000
movements that go throughout a year. But I digress.
When I think about environmental assessment and going through
this, the Trans Mountain is one side, and these chiefs were very
emphatic about their desire to see these kinds of projects go forward. I
hope that people will start listening to their voices. I hope that
they’ll have the chance.
One of the big obstacles fighting them, quite frankly, is foreign
money coming in, funding groups fighting against our natural resource
industries, fighting against the kind of prosperity that can come for
First Nations and, in many cases, providing false information and
misleading First Nations people or, in some cases, actually paying them
to be protesters, paying them to go out and block projects going
forward, for their own purposes and for a foreign agenda. That is not
right.
Whether it’s through environmental assessment or the courts,
protests or blockades, we’re seeing that money come in to try to stop,
in particular, oil and gas — but other activities as well — in British
Columbia. And it’s not right. That shouldn’t happen. Canadians should be
in charge of their own future. We should not have that kind of influence
of foreign money. That needs to come to an end.
It reminds me of an
article that I just read today, actually.
There’s a new LNG plant proposed in Washington. Do you know what they
said about this plant? It said it must use B.C. gas. Imagine that. Here
are the same groups that are being funded from these organizations in
the States to try to prevent our LNG project from going forward, to try
to prevent oil and gas exploration, yet down in the States, they’re
proposing one, and they’re saying: “We should be using B.C.
gas.”
You might think: “Well, why? Why do they say they’re going to use
B.C. gas?” Because we are between five and eight times less emissions
and because we’ve got better environmental standards than anywhere else.
So if the project is going to go forward, they should use the best gas
in the world, the best gas available in North America, which is the gas
that we produce right here in British Columbia. Yet for some reason,
these guys think this is bad.
You look at the targets that they’re proposing to make through
environmental assessment, which is now saying that greenhouse gas
targets are going to be a factor of whether a project should go forward
or not. It has to be able to meet greenhouse gas targets.
Lots of people, including myself, are concerned about the
environment, concerned about the future. But what that essentially
means, depending on where they put the targets…. And we’ll have to wait
and see, actually, where that comes, because that’s more legislation
that’s promised or more reports that are promised before the end of this
month. That could very well kill any future LNG opportunities in British
Columbia.
If they set that target at a level that won’t allow a second major
LNG plant to go forward, it’s over. We’ve got projects in Prince Rupert,
projects in Kitimat, a project in Port Alberni — projects that want to
go forward with LNG. What this assessment will mean is that if that
project is going to go over that limit, it’s terminated.
Projects can be terminated because of politics. Projects can be
terminated because of arbitrary lines. Yet projects on the south side of
the border are saying: “We want to use this because it’s the best and
cleanest gas that’s produced in North America.”
[2:30 p.m.]
How does that equation get squared? With the exception that from
the south side of the border, there is money coming in to influence
politics, to influence environmental groups and to influence First
Nations to oppose development in here. Why? Because they want it down
there.
With Trans Mountain…. Do you know what the price of oil coming out
of Alberta is today? Just today I looked, and $17.65 a barrel was the
price tag for Canadian heavy crude oil. Do you know what the
international price was? About $70. How is it that we can find that to
be acceptable?
How can we accept the fact that the product that we produce in
this country can’t get to international markets, and we are forced to
give it away and subsidize gasoline prices in the United States? I don’t
get it. Yet with this bill, the British Columbia government, for
political purposes, could just make sure that that could never happen —
that Trans Mountain could never happen in this province. It’s a sad
state, a sad piece, that this bill is talking about.
I’m proud to be Canadian. I’m proud to be from British Columbia.
British Columbians and Canadians need to see these benefits that come
from resource development. It’s what built this country. It’s what
continues to be the backbone and support of this country. Our health
care, our good education system — all the qualities of our standards of
life and living — are supported by our resource industry. Why are we
continually being ashamed of it or putting barriers in front of
industries like that through bills like this?
The members in government will bill this as part of enacting the
UN declaration on the rights of Indigenous peoples. It bills this as
being part of reconciliation. But I don’t quite see how that is the
case.
[R. Chouhan in the chair.]
Even in their court case on Site C just recently, the government
argued: “Consultation will not always lead to accommodation, and
accommodation may or may not result in agreement. In the absence of
agreement, Indigenous groups do not have a veto over government or a
proposed course of action.”
Many First Nation groups want to see the idea of consent,
consensus, as being that veto. Now, I admit this bill doesn’t go there.
It does in a few components, which seem to be fine. However, the attempt
here in going through this and the way they have billed it does raise
some real questions. What is the purpose here? Is this government really
serious about reconciliation? Is the government serious about wanting to
make a difference for the future of First Nations? Or is it using that
to further its own ends?
Mr. Speaker, just to note, I am the designated speaker on this
bill.
I ask that question, and I wonder about that question. I’ll be
asking questions like that during the phase of committee coming up —
assuming, of course, that we get this opportunity for committee stage.
But I ask that question because of what I said earlier. What is
reconciliation if it is not founded in economics, if it’s not founded in
the ability to be able to move forward projects? What have you achieved?
It’s still going to be reliant upon government, and we know that’s not
the solution.
When I had the honour of being the Minister for Aboriginal
Relations and Reconciliation in B.C., I had an opportunity to meet with
Nisga’a, and we signed an agreement and came down here. One of the
elders who has been well recognized and received a doctorate said: “It’s
long past time that First Nations not only have the opportunity to catch
up to the rest of Canada economically but, if possible, to
surpass.”
[2:35 p.m.]
That’s a worthy goal to go after, because community by community
by community has been held back, whether it’s through federal government
and the Indian Act or through other issues that have been raised,
potentially even provincially, in decades gone by.
Now is their time. Now is the time to be able to make the
difference. We have big project opportunities. LNG, a $40 billion
announcement — that’s great. The difference that’s going to make for the
25 nations along there is phenomenal. But why are we limiting it to
that? We need to see more of those types of projects go forward. The
economic success or opportunity for First Nations should be a focal
point in this act.
Economic activity that supports communities like mine in Nechako
Lakes and communities like Vanderhoof, Houston, Burns Lake, Granisle,
Fort St. James and Fraser Lake — many of the unincorporated areas — all
depends on the opportunity for projects like this to go
forward.
It plays a secondary role. It’s a minor footnote when you read
through this act. Why is that not front and centre? Yes, it has to be
done right. Yes, it has to be done respectfully. Yes, First Nations need
to be engaged and part of it, of course. That’s the world we live in
today. More importantly, it’s the right thing to do. But why are we not
heavily weighting what those economic benefits can be?
I’ll give you an example of what the world used to be like, right
from my riding. I guess I don’t even know whether environmental
assessment was even considered back in this day. But in the 1950s, there
was a project that moved forward, and it was the Kenney dam. They dammed
the Nechako River, built a massive reservoir and put water outside of
the Nechako-Fraser system, over the mountains to Kemano, to generate
power.
Why was that justifiable? Because of the economic activity that
was created from a major smelter in Kitimat — a big project. It made a
big difference. It probably never would be able to have been allowed to
happen today. Maybe that’s the right thing for it not to happen today. I
don’t know. You can’t judge yesterday based on today.
It’s interesting what happened, particularly in the engagement
with First Nations at the time. If you go back and look at the records,
at the newspaper articles at the time when this project was coming
forward, the newspaper articles said: “Nobody will be displaced by this.
It’s just a few natives living in the area.” When that project was being
built, the company people went around to the Cheslatta communities,
knocked on their doors and said: “The dam is being built. The flood is
coming. You have two weeks to move.”
They weren’t engaged. They didn’t have an opportunity to benefit.
They had to up and move, or their community would have been flooded.
They had two weeks to pick up what possessions they could and be
displaced to another nation’s territory. To make sure they wouldn’t come
back, their homes were burnt and destroyed. That was the way the world
was back in the 1950s, and it’s sad. It’s very sad to think that that is
how people were treated back in those days.
Going forward in looking at environmental assessment, having First
Nations involved, engaged and part of it is critical. As I said, if it’s
not about the economy, if it’s not about how you help to build that
future, then what are we trying to do?
As part of being minister, I had the great honour of visiting many
First Nations communities. As a matter of fact, I think, if my memory is
correct, the total number of nations I managed to engage across the
province over four years was about 169. Not all of those was I able to
visit — their territory — but I had meetings here. For many of them, I
did get a chance to go up and visit their territory.
[2:40 p.m.]
I’ve been on many reserves and seen the conditions, and it’s sad
when you see 50, 60 or 70 percent unemployment. It’s sad when you think
of communities like the Burns Lake Band, where the Chief, when he
travels, has to carry extra blankets in the trunk in case he’s going to
visit a suicide. That’s normal. It’s not right.
It has to change, and that means the only way those will change is
to be able to have that hope and that opportunity created for those
people that live on that reserve and are part of that community. So I
ask again, in this environmental assessment bill, Bill 51: where is that
in this bill?
How does this move forward reconciliation? How does this lift
people out of poverty? How does this give hope for those young families?
That should be the measure of every government in their actions and
their bills. It certainly was with what we did.
I was proud of the 435 agreements or thereabouts between
government and First Nations that I applied my signature to, because I
know what a difference those agreements made. Those LNG agreements —
we’re seeing the first of those projects go forward, the half a billion
dollars that will flow to First Nation communities. Training, jobs,
environmental stewardship — benefits that would not have been there
without a project like that. Life-changing benefits. When I think about
what governments need to focus on, I don’t see that in this
government.
But there’s more than just that one project. Every project that
was going out to the northwest coast of British Columbia had these types
of agreements. There are other nations that are waiting to see benefits
go forward. One of the other big projects, of course, happened to be the
Pacific NorthWest LNG and Petronas. Members on that side signed a
petition in protest to stop that project from going forward. They
intentionally hurt communities, intentionally hurt First Nations, by not
allowing the project to go forward, the benefits that would have flowed
through those communities. That’s sad.
I think back to the young lady that gave me that offer and what a
difference one small project made. Think about a major project and the
difference that would make in so many lives.
In going through the bill and looking at all the components of
engagement that come through, I find it interesting. There are a couple
clauses in here. You go in and look at the clauses, and they were
designed specifically because of circumstances that I don’t think this
government likes.
One of the clauses that’s in there would mean that Site C could
never have been built. We’ve got a project, once again, that is going to
see huge benefits, that’s going to be a legacy for this province, that
is something that is going to be needed. This new act — I don’t think
you could ever have gotten that project through. Another project — the
one, of course, I talked about — is Trans Mountain pipeline. Simply
because of government policy, that project could never have gone ahead.
It still may not go ahead. There’s still lots of water to cross under
that bridge.
Those communities that have signed agreements and are looking
forward to those changes — it’s a shame to think that government simply
ignores that or turns a blind eye because of ideology. Or worse, simply
because of politics. Governments are supposed to be there for all the
people of the province, supposed to try to make conditions better for
families.
[2:45 p.m.]
Yet what you’re seeing, with acts like this and others, is more
politics at play — trying to win votes, trying to stay in government as
opposed to taking into consideration what really matters, which is the
lives of individuals and how they can be improved.
One of the things that I was proud of when we were in government
was the number of children that were lifted out of poverty. The members
opposite run up the flagpole: “It’s the worst child poverty rating in
the country” — or second worst or whatever happened to be the statistic
of that particular month or year. But the reality was that since the
early 2000s, through to the time that we were in government, we saw
child poverty rates in this province drop by 42 percent to the lowest
levels we had seen since the early 1980s.
It wasn’t a poverty reduction plan. It wasn’t nice words, bills,
large speeches; it was people getting a job. It was the difference of
projects going forward, through environmental assessment and otherwise,
that we were able to help bring people out of poverty.
There’s another interesting stat that doesn’t get talked about
very much: the number of children in care of the state. There was a 30
percent reduction in the number of children in care under the B.C.
Liberals. A 30 percent reduction in the number of children in care —
that’s remarkable, when you think about what happened in the 1990s and
the children in care skyrocketed.
But there was one piece of that stat that I wasn’t happy about:
the percentage of First Nations children in care actually increased. We
saw a significant drop in the number of children in care, but at the
same time, that percentage that were still in care had gone up from 50
percent to higher than 50 percent. That needs to change.
If we want to see a society that truly cares about poverty and
poverty reduction, that truly cares about the people in this province,
it doesn’t come with a government cheque. It comes with a job. In
particular, for First Nations, it comes with resource development jobs
that are in and around and near their communities. That’s what can make
a difference. Putting rules in place that make it harder, that make it
more expensive, that have political policies that just give reason for
termination is not the right thing to do.
I think once again about my riding of Nechako Lakes. There’s been
a lot of progress over the years. I had a chat with the former Chief of
the Lake Babine Nation. He had this great idea. He wanted to get a
pellet plant going and use some of the wood fibre for the pellet plant.
He wanted to get an energy project going. I thought: “Great, some
economic development. This is good.”
“So what will this mean for your Nation? What does this mean for
the long-term benefit and how this will change the Nation?” He said:
“Well, it’s going to create jobs. It’s going to give us some
opportunities.” I said: “I’m all for that. How do I help? That’s good,
but you also have to realize that that pellet plant you’re going to put
in is going to hire maybe 20 people. The power plant will hire another
ten, 15 people — and maybe times two in terms of the number of jobs that
come from the forest side.”
I asked him: “How many people do you have in your Nation?” He
said: “About 2,400 people.” And I said: “What’s the unemployment rate?”
He said: “About 65 percent.” So those projects he was focusing on were
going to hire less than 100 people out of the 1,200 people that were
unemployed.
You need big jobs. You need big projects. You need to work on the
other ones, too, but if you’re going to make a real difference, you’re
going to need to see big projects being able to go forward.
I had the chance, as well, as minister, to travel to some national
conferences and talk to Premiers and other ministers from other
provinces and leaders of First Nation communities from other places
around the country. The funny thing, through all of that, was they’re
all facing the same problem.
[2:50 p.m.]
It’s not unique to just British Columbia. Whether it’s the Premier
of the Northwest Territories or whether it is the minister responsible
in Quebec, they all had these same issues. Foreign money coming in and
foreign influence — all trying to stop them from being able to advance
projects. Misinformation going to communities.
When I think about misinformation, here’s one from the LNG world,
from out west, one of these projects that is proposing to go out to the
northwest coast. One of the community members came to me and said: “This
LNG project cannot go ahead. It should not go ahead. The pipeline can’t
be built.” I asked him. I said: “Why? Why did you come to that
conclusion?” He said: “Because if that pipe ever ruptures, it’ll poison
the water.”
I thought about it for a second, and I asked him. I said: “Well,
but the pipe is going to be moving gas, and gas and water don’t mix.
It’ll bubble up and go up into the atmosphere.” “Oh, yes,” he said. “I
know that. But when it rains, it’ll bring it back down, and it’ll poison
the land, which will then poison the water.” I said: “It’s still a gas.
It can’t…. That is not physically possible. The laws of physics won’t
allow it.” But he insisted that was the truth because experts had come
and said that to him, the very experts that were paid, in part, through
money flowing from the United States to environmental groups to try to
stop our projects from happening.
I had another chief along the LNG pipelines…. He came to me,
frustrated at the time. This was before we were able to enter into an
agreement. He was frustrated, and he said: “Is there any way government
can stop this campaign of misinformation and lies that’s coming to the
people in my community?” I thought about it for a bit. I chuckled, and I
thought: “Well, that’s pretty sweeping powers that you’re asking
government to take in terms of freedom of speech and information.” But
it’s a challenge.
Not only do companies face these types of challenges, whether it’s
here or in other places in the country, but now you’ve got a bill that
continues to erode that confidence and that ability to be able to move
forward projects. When you look through this….
I know that the members from the Green Party and others have
expressed concerns about projects going forward, whether it’s mines or
other types of things. There is nothing in this act that actually talks
about improving environmental standards. It talks about bringing in more
engagement with First Nations. That’s good, as I said. That’s what we
were doing. It kind of just brings into the act what we were already
doing. But then it adds these layers of politics and costs and
procedure, and somehow that is better. I don’t understand how that
equation can happen.
For the First Nations in my riding, for the First Nations
associated with the Trans Mountain project, for the First Nations right
across this province that are looking to find ways to lift their people
out of poverty, I encourage this government to start thinking about them
— not just writing a cheque and having a poverty reduction plan but how
a difference can really be made, which is to get to yes on projects.
Nice slogan. You guys like slogans. It’s a good slogan you can use. But
you’ve got to figure out how you get to yes on projects. You can’t just
layer on costs and bureaucracy and challenges and issues and process
until some people just say, “Uncle,” and they leave. It doesn’t work
that way.
You look at other jurisdictions around the world, and I can’t find
another jurisdiction in the world that doesn’t already have the same
types of standards or better standards than we have in British Columbia
for oil and gas, for mining, for how we work on the land base, how we’re
engaged with First Nations. You go across this country. They’re nowhere
close to engaging and respecting First Nations to what we are in British
Columbia. We moved the dial so far. There’s much, much more to be done,
but the other jurisdictions are way behind.
[2:55 p.m.]
So this helps. This will move the dial a little bit further. But
what was the purpose? Was it to find ways to be able to help lift First
Nations out of poverty? To give them independence? To work to solving
the land question? To seeing hope brought to First Nations kids? Or was
it designed to further stymie and process to death the opportunity of
projects and to add a political layer just to say no to things that
aren’t aligned with what a government wants to do? When you look at this
and you look at other bills, it’s the latter. That’s really
unfortunate.
The government talks about community benefit
agreements.
Interjection.
J. Rustad:
The Minister of Labour has woken up and gave me a big thumbs-up
with that. Yet these community benefit agreements only touch 15 percent
of the workforce — 15 percent. There are way more First Nations people
working for companies and for unions outside of those 19 handpicked
unions than there are for them, yet they’re excluded.
That’s a real shame, because when you’re talking about the
environmental assessment bill, when you’re talking about the layering on
of what this government is doing, it’s creating a real problem for this
province. That is why I say we’re going to see a capital strike. We will
see a capital strike. We’re already seeing it, and it’s a
problem.
This economy has already shed….
Interjections.
J. Rustad:
The members opposite have finally woken up from the lunchtime
side, which is good to see.
Deputy Speaker:
One speech at a time, please, Members.
J. Rustad:
Thank you, Mr. Speaker.
You look at it, and you look at the layers coming on and a capital
strike. We have already seen more than 40,000 private sector jobs lost,
just in the last year alone.
Deputy Speaker:
On Bill 51, Member.
J. Rustad:
On Bill 51. This is about Bill 51, Mr. Speaker. This is about the
layers of bureaucracy that are being added, and this is one more piece.
Not only have we seen more than 40,000 jobs lost, but we’ve seen a 50
percent reduction in housing sales in Vancouver.
Interjection.
J. Rustad:
The Minister of Labour is chirping about 4.1 percent unemployment.
You know what? Let’s celebrate that. You inherited that from the B.C.
Liberals, and you’re welcome. And 16 months later, what did we see?
Forty thousand private sector jobs lost in this province. That’s what
you’re going to inherit.
This is what I’m worried about in terms of capital. We are seeing
housing projects cancelled. We’re seeing forest companies investing
south of the border because of high costs. We’re seeing layers of
problems that are happening.
Interjections.
Deputy Speaker:
Members.
J. Rustad:
We are seeing more and more of this, and capital is moving south
because of the lack of confidence.
Interjection.
J. Rustad:
The Minister of Labour continues to want to engage in this, and
I’m happy that he is engaging in this. Because I’ll tell you what. Do
you know what else about forestry? This is a stat they conveniently
forget. Under Christy Clark and the B.C. Liberals, we saw almost 10,000
jobs gained in forestry. Go look at the stats. The minister doesn’t
believe it. It is in Stats Canada. Go ahead and look at it.
That is the reality of what we did in this, which is why I’m
talking about Bill 51. It’s just another layer of challenge in this
province. And the capital that we need to see flow in and the investment
we need to be able to create the differences…. It’s to support
communities like mine, support communities all across the province — not
to see job losses, not to see the loss of confidence that comes with
policies that stymie and stagnate our economy.
With that, I look forward to seeing the debate that comes in the
committee stage. There are many questions that need to be raised as we
go through this process, even clause 39. I have to admit I
affectionately dubbed it the Jumbo clause, because it now sets these
time frames in place and creates, once again, another opportunity to try
to get to no on a project. It is a real challenge.
[3:00 p.m.]
The Minister of Labour seems to be very active. He wants to get up
and perhaps add in to the speech on this. I don’t think he’s had that
opportunity yet, but we’ll see. We’ll see whether he wants to do
that.
Interjection.
J. Rustad:
The Minister of Labour doesn’t want to be encouraged. I don’t see
why he doesn’t want to be encouraged. This is what a representative
democracy is all about, not a democracy under PR where some people are
appointed.
Bill 51. You’ve heard many of my colleagues stand up and talk
about this. The member for Skeena talked so eloquently about the
challenges and issues, and I’m always reminded of his example. It’s an
example that’s worth repeating.
Here you’ve got the Haisla Nation, which was in a situation where
they had about 65 percent unemployment, and because of engaging in
economic opportunity and because of projects being able to advance and
move forward, it went down to 15 percent unemployment. That’s
huge.
That is the best poverty reduction plan that any government could
ever implement. But it would never happen unless projects could advance.
It would never happen unless projects and companies had the hope of
being able to go through an environmental assessment and come to a
reasonable solution within a reasonable period of time, a reasonable
expectation to advance.
You see, the problem with government policy being one of the
potential issues for termination is that governments change. Governments
can change direction. Governments can be lobbied, particularly by
foreign money that comes in and supports campaigns to help people get
elected.
as being a reason for terminating, how does a project know that they’re
not going to be the target of the next campaign? How does a company know
that they’re not going to have to stop a process because suddenly
there’s a change in government and government direction? These things
are not good, and they’re not healthy.
With that, it’s been a tremendous honour to be able to stand and
speak on behalf of my constituents of Nechako Lakes. The people in my
riding want to see economic development. They want to see investment.
They want to see projects move forward because they know what a
difference it can make.
I want to close with one last story, because I know that the
members opposite are so looking forward and paying so much attention to
what I’m saying with regards to this. But I want to close with one other
story. This is really quite relevant. The members of the Carrier-Sekani
Nation and a number of the First Nations there were involved in working
with a company on wanting to see a mining project advance. They had a
meeting with us as government with regards to the project advancing
through the environmental assessment.
Do you know what they said? They came to us and said: “Get your
act together, and get on with the project. We want to see this.” They
said that because they know what a difference it can make for their
constituents. They know what a difference it would make and how
meaningful it’d be for their kids and for their community to be able to
see the benefits and the jobs and what it can mean.
That is reconciliation. That is what needs to be focused on. That
is poverty reduction. That is investment, and that is building a future
that all of us in this province should be proud of. And every piece of
legislation moving forward should be part of doing that.
Deputy Speaker:
Seeing no further speakers, the minister to close the
debate.
Hon. G. Heyman:
It’s been interesting listening to the comments on the bill. First
of all, I want to thank the members for Cowichan Valley and for Port
Moody–Coquitlam for the important points that go to the expectations of
the public for a clear and transparent process so they can have trust
that their air, land and water are being protected. We heard one member
talk about clarity, consistency and common sense. Frankly, I wish I’d
heard more of that from the members of the official
opposition.
[3:05 p.m.]
I’m not going to go into great detail, but we know there are
negative impacts on communities from some projects, and we know some
projects were approved under the previous government that have created
problems. We know that there are impacts on Indigenous peoples. We know
that there are impacts on communities.
This bill is in response to the demands of the public and
Indigenous people for something that is clear, independent, transparent
and robust.
The member for Kamloops–North Thompson posited that we were
creating a longer project. I don’t know where the member gets this idea,
but I do know that the current process averaged, over the last five
years, over four years — four years. We will do better than that, this
act will do better than that, and the timelines will be
contained.
The member for Skeena said that this act was a place to talk about
economic opportunity and reconciliation for Indigenous peoples. The
member should know that by incorporating UNDRIP, the UN declaration on
the rights of Indigenous peoples, into this bill, it encompasses the
economic rights and the economic future of First Nations. That’s why
they worked with us throughout the whole process in order to put this
bill together and why they stood with us when we introduced
it.
[Mr. Speaker in the chair.]
It’s necessary to enhance public confidence. It’s necessary to
advance reconciliation. It’s necessary to protect the environment while
offering clear pathways to sustainable project approvals. That’s why we
introduced the bill. That’s what this bill will do. I look forward to
working with Indigenous nations, environmental assessment practitioners,
industry and communities to ensure that the extensive engagement on
regulation continues.
With that, hon. Speaker, I move second reading.
An Hon. Member:
Division.
Mr. Speaker:
Division has been called. Members, if we may defer division, as
the Lieutenant-Governor is in the precinct. We will proceed immediately
afterward.
[3:10 p.m.]
Her Honour the Lieutenant-Governor requested to attend the House, was
admitted to the chamber and took her seat on the throne.
Royal Assent to Bills
Deputy Clerk:
Poverty Reduction Strategy Act
Advanced Education Statute Repeal Act
Budget Measures Implementation (Employer Health Tax) Act,
[3:15 p.m.]
South Coast British Columbia Transportation Authority Amendment Act
(No. 2), 2018
Temporary Foreign Worker Protection Act
Recall and Initiative Amendment Act, 2018
In Her Majesty’s name, Her Honour the Lieutenant-Governor doth assent
to these acts.
Hon. J. Austin (Lieutenant-Governor):
Once again, it’s such a pleasure to see all of you here today. I thank
you, again, for all of your very, very hard work. I understand you’ve got a
break next week, and I do hope that you all have some time to spend with
your families and friends. I know it’s been a pretty busy fall for you, and
I know there’s a lot of work ahead. It really is a pleasure to see
you.
Thank you, again, so much for all that you do.
Her Honour the Lieutenant-Governor retired from the chamber.
[3:20 p.m.]
[Mr. Speaker in the chair.]
Second Reading of Bills
BILL 51 — ENVIRONMENTAL
ASSESSMENT
ACT
(continued)
Second reading of Bill 51 approved on the following
division:
YEAS — 41
Chouhan
Kahlon
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
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Furstenau
Weaver
Olsen
Glumac
NAYS — 37
Cadieux
Bond
Polak
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Isaacs
Morris
Stilwell
Ross
Oakes
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Reid
Letnick
Thomson
Foster
Hon. G. Heyman:
I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting of the House after
today.
Bill 51, Environmental Assessment Act, read a second time and
referred to a Committee of the Whole House for consideration at the next
sitting of the House after today.
Hon. M. Farnworth:
In this chamber, I call second reading on Bill 52.
Just to remind members that, in the recess that took place for
royal assent, we are still on committee stage of Bill 49.
[R. Chouhan in the chair.]
BILL 52 — AGRICULTURAL LAND
COMMISSION AMENDMENT ACT,
Hon. L. Popham:
I move that the bill now be read for a second time.
Before I outline the amendments in this bill, I would like to
provide the rationale on why these changes are being made. One of my
mandate letter commitments was to revitalize the agricultural land
reserve and the Agricultural Land Commission. This commitment is
important to me because we have a lot to be proud of about agriculture
in B.C. We have one of the most diverse agriculture sectors in Canada,
with 17,500 farms producing over 200 agricultural products produced
here.
[3:25 p.m.]
A successful agriculture sector needs productive agricultural land
to ensure that B.C. crops are available to the processing sector, which
is the second-largest manufacturing sector and one of the
fastest-growing sectors in our province.
What we can also be proud of in British Columbia is that we are
one of the unique jurisdictions around the world that has a provincial
land reserve dedicated to farming and ranching. To successfully deliver
on this important mandate, in January I appointed an independent
advisory committee to undertake a provincewide engagement process so
that British Columbians’ voices would be heard in our efforts to
revitalize the ALR.
This committee led a comprehensive engagement process, travelling
to nine communities, meeting with local governments, the agriculture
sector and other key stakeholders, and received about 2,600 written and
on-line submissions. The consultations showed overwhelmingly that
British Columbians value the ALR and care about preserving it for future
generations.
The committee submitted an interim report to me in July, with
recommendations that included the need for immediate legislative changes
to address issues that are eroding the productive capacity in the ALR
and to curb land speculation in the ALR. I have considered the
recommendations and have planned out a two-phase approach that will
focus on four targeted areas: protecting the ALR land base, preserving
the productive capacity of the ALR, strengthening the governance of the
ALC, and supporting farmers and ranchers in our province.
The amendments to the Agricultural Land Commission Act that I am
bringing forward are a first of a two-phase project. The second set of
amendments to the act will be brought forward in a later bill in the
spring, to be determined by cabinet, and will address further
recommendations made by the committee.
The first phase of amendments will implement a maximum house size
in the ALR to address a significant rise in mega-homes and land
speculation. Because the ALC’s approval of any additional…. Oh, also
require the ALC’s approval of any additional residence on a parcel in
the ALR to curb non-farm development. Implement clear rules to better
regulate the placement of fill, to prevent damaging material, including
construction and demolition waste, on the ALR’s productive soils. The
rules will also better manage the removal of prime agricultural soil
from the ALR. Eliminate the two zones to make sure that all land in the
ALR receives equal protection and ensure a consistent provincial
approach to farming and ranching. Finally, to add offence provisions to
ensure that there is greater ability of the ALC to take compliance and
enforcement action when required.
This bill also includes a grandfathering provision for those that
have larger primary residences than the maximum size and to allow
landowners who are substantially in the process of building a larger
primary residence or additional residences to finish. It adds
regulation-making authorities for creating greater clarity on
residential uses, siting and sizing of residences and accessory
buildings in a future regulation.
It includes a provision for a notice of intent and an associated
fee to be submitted to the ALC as part of a new streamlined
administrative process related to notifying and obtaining ALC approval
for soil and fill. The notice of intent will be set in a future
regulation by cabinet, and it is intended to be significantly less than
the application fee that is currently required when a landowner
currently applies for soil or fill use with the ALC.
[L. Reid in the chair.]
This is the first phase of amendments. Vital changes are being
made that will lead to lasting positive impacts: by addressing the
mega-homes and lifestyle estates that are being built, to inappropriate
use of soil and fill, and to ensure that the ALR is treated as one
unified reserve. I believe the amendments proposed for this first phase
will move us firmly along the path towards this revitalization and
support our agriculture sector so that it continues to grow and prosper
with good-paying jobs in communities across the province.
[3:30 p.m.]
I look forward to comments from other members in this House. As I
believe that our agricultural land reserve is valued by everyone in the
province, I’m hoping that there’s going to be a lot of support from the
other side.
I. Paton:
It’s my pleasure today to rise and to speak to Bill 52, the
Agricultural Land Commission Amendment Act, 2018. I would like to thank
the Minister of Agriculture for her comments. I can say that most items
in this bill are rather pleasing. There are a few things that I do have
concerns with, and we will work on those in the next few days and at the
committee stage.
As a third-generation dairy farmer, I’m keenly aware of the hard
work and dedication needed to be successful in this agriculture
industry. I’ve been involved in agriculture my whole life. I was born
and raised on the farm that I’m still living on today in Delta, 62 years
ago. I went off to UBC and got my degree in 1979 and came back to the
family farm.
I certainly know what it’s like to be involved in agriculture,
with the risks and the demands. In the 1980s, I took on debt of around
$800,000, and luckily interest rates had come down to about 17 percent
in the mid-’80s. Joking aside, it was a pretty tough go during those
years of high-interest rates.
My father by the same name was chairman of the Agricultural Land
Commission. He was also a degree in agriculture from UBC. I saw my
grandfather milking cows on our property when I was a kid growing up. I
saw my dad follow in his footsteps, and I saw how difficult it was for
my grandfather and my dad, both in the dairy business and the chicken
farming business, to make ends meet in the 1960s. I continued on in the
’80s with my dairy farm.
I’m very proud to say that having known my dad as chairman of the
land commission, I really valued his opinion and the things he fought
for in British Columbia to preserve certain parts of this province from
being overdeveloped by housing and industry. I’m very proud of the fact
that on the farm that I live on today, we have basically never covered
any part of our farm, since I was a kid in the late 1950s, with any sort
of asphalt or pavement. I’m so proud of that.
The only houses we have on our farm are a 1905 that my mother
still lives on and a house built in the 1930s that was my grandfather’s
house that I still live on. The only thing we’ve ever added on our farm
is a couple of new buildings for some heifers and for some milk cows.
Other than that….
In fact, I do have a
section of the farm that was subdivided off
many years ago before my dad passed away. I have the opportunity to
build a new house for myself on that piece of property, but I cannot
bring myself to cover up that piece of pasture land right next to the
dike with fill material to build a house on, so I’m quite happy to stay
where I’m living in the house that was built by my
grandfather.
At the very heart of the ALR is, of course, the farmer. The farmer
wakes up early, usually with everyone else in the family, and gets going
on the chores. The farmer spends an enormous amount of time tending to
the food being grown or the animals being kept, as well as the property
those things are housed on. The farmer spends an enormous amount of
money on land, structures, machinery, equipment, tools, feed, hay, fuel
and staff and is the last to take a paycheque.
Of course, he’s also the one doing the bookkeeping and tracking
every dollar — and every dollar in and out. He’s the last one to bed and
often lies awake at night worrying about the weather or the things he
didn’t get done that day, thinking about his or her future.
With that in mind, it is my belief that the farmer should also be
at the heart of important pieces of legislation like this one. Yes, we
should protect the land and its uses. There’s no question about that.
But I’m fond of reminding people that there is no farming without the
farmer. In fact, I have a bumper sticker on the back of my truck that’s
getting pretty worn and faded, and it says: “It’s not farmland without
farmers.”
In other words, if we can keep the farmers healthy, we can keep
the next generation interested in coming along. We can make sure that
they’re making a living all over this province. Not just in the Fraser
Valley, not just on Vancouver Island or in the beautiful, fertile lands
of the Okanagan, but on every square inch of this province, we need
farmers to be able to make a decent income.
[3:35 p.m.]
If they are making a decent income, they will stay on those farms,
and we’ll keep that land in agricultural production. We need to be
cognizant of that truth when we make decisions that impact this
important industry.
I have to ask: why do we have to make these massive changes to the
ALR and to the ALC? A committee was formed, just over a year ago, that
said: “I guess we have issues. We have problems with the ALR and the
ALC.” Quite frankly, my time on municipal council, I saw some great
improvements to the ALR and the ALC in the last two or three
years.
On Delta council, we saw massive wait times in at the ALC for
applications and permitting to get things done in Delta — not
applications to take land out but just the typical things that you send
forward from your municipal government to the ALC. For over a year,
items would sit in stacks at the ALC without getting taken care
of.
Then there were some changes. Then Mr. Leonard came along, and he
said: “I will make sure that we start dealing with all these issues and
this paperwork within 90 working days.” Things really started to speed
up.
Then we came to the panel section. We had the west coast panel. We
had three people on each panel throughout the entire province of B.C.,
making decisions on behalf of the Agricultural Land Commission. These
were panels of people that lived in the area where applications were
coming from so that the commission didn’t have to all come together into
Burnaby for massive meetings — that the whole commission didn’t have to
fly off, at great expense, to different parts of the province to look at
one particular project.
These panels of three from all over the province were able to make
quick decisions. Go out in their vehicles, and check on the item that
was being brought forward. I thought that the panels were certainly a
good idea. I have, by good authority, that the panels are also being
imploded, for some reason, with this committee that was put together by
the ALC.
I was never too happy with the committee that was put together. I
thought the committee was rather handpicked. I didn’t see too many
people representing too many facets of agriculture in British Columbia,
people that really knew the hard work, the toil, the hardships of
agriculture, making these decisions. But I think they were guided in a
direction that we wanted to see certain things done by the NDP
government. I see the outcome as basically the wishes of the Agriculture
Minister.
My fear with this bill is it puts a focus on the land and not the
farmer. If you’ve been lucky enough to see most of this great province,
you know that each region is different. Its geography is really unique.
When I became Agriculture critic, I thought: “Wow. I’m a pretty smart
guy with agriculture. I’ve been around farming since I was a little
kid.” But really, I’m familiar with agriculture in the Fraser Valley, so
I’m thinking: “Wow. I know quite a bit about berries, cranberries, dairy
farming and all those certain things common to the Fraser
Valley.”
Then when I thought: “Wow. We have a tree fruit industry in the
Okanagan. We have the grape industry, the wine industry. We have beef
cattle in the central Interior. We’ve got beef cattle and different
types of agriculture in the Kootenays. We have grain and canola in the
northern part of B.C. We have seafood. We have fish farming.” I thought:
“Wow.” There are so many things to this Agriculture portfolio that —
I’ll tell you — I’m not exactly aware of, and I’m making a real effort
to get around this province and learn about all the different beautiful
things that we have in this province that make up the portfolio of
Agriculture.
We have a lot of farmers working hard to make a living in all
corners of B.C., but it’s easier said than done in some areas. I’ll talk
about the zone difference, of zone 1 and zone 2. In places like Mexico,
California and Arizona, we have farmers in that wonderful climate that
are basically planting and harvesting 12 months of the year.
When you come up to a climate such as British Columbia, we have a
reasonably good climate in the Fraser Valley and on Vancouver Island. We
have farmers that can kind of survive and get some pretty good stuff
done year-round.
[3:40 p.m.]
A massive part of our province was zone 2. Zone 2 were the poor
farmers that everybody kind of forgot about in the eastern and northern
corners of our province, farmers that basically worked as hard as they
could with the climate they had for four to five months of the year. For
the other six or seven months of the year, they’re sitting and looking
out the window at snow, ice and rain in this province. That’s why I
believed in zone 2.
We have a motto that we just pledged this past weekend. It’s
called: “Opportunity for all of British Columbia.” That, to me, talks so
highly of agriculture that we need to offer opportunity to everyone in
this province to be able to make a good living on the farm or the ranch
that they have.
Zone 2 offered the Agricultural Land Commission a chance to add
leniency to farmers and young people on their farms in zone 2. They were
able to put a little business there.
Perhaps a young man was good at welding or auto body or something
like that and said: “I want to set up a little shop on my farm so I can
add value to what I’m doing, so I’ve got something to do in the
wintertime to add value to my farm, which I’m basically only farming in
the summer months.” Our former government created a second zone under
the agricultural land reserve. As I said, it was a massive part of our
province, zone 2. This permitted farmers in some ways, limited ways, to
add value to their operations during those particular months.
Farming in British Columbia is tough enough as it is, whether
you’re in zone 1, zone 2, the Fraser Valley, the Okanagan, Vancouver
Island. We’re battling the USMCA agreement. We’ve got more milk products
being able to come into our country. We’ve seen this government on the
other side…. I told farmer after farmer in the last couple of days at
our meetings over here…. I said: “Guys, you don’t even know what you’re
up against yet.”
This government has dumped on increased carbon tax, increased
minimum wage. They’re likely going to take away the piece rate for
picking. There is the employer health tax, which is going to affect
massive agricultural companies, including the greenhouses in Delta,
including BCfresh, including the trucking companies. Carbon tax. The
guys who pick up your milk, the guys who deliver your feed, the guys who
come and do your welding and your tractor repairs — everybody is going
to be paying more in carbon tax and employer health tax.
Maybe that farmer is also a welder and can set up a little side
business on a small corner of his property for those slow periods — or a
mechanic who offers repair services, that sort of thing. Small ways that
they can make a bit of extra money during those tougher times of the
year. The truth of matter is that if a farmer isn’t making money, he’ll
leave. That farmland will sit vacant, and that’s where speculators will
come. The speculators will come in if you see a dormant, vacant, fallow
piece of farmland that’s not being farmed. Again, there’s no farming
without the farm.
Instead of considering the farmer and perhaps modifying the
two-zone system put in place by our former government, the minister has
chosen to wipe it out, and with it, a legitimate and needed source of
income for farm families in the northern, eastern and frozen parts of
this province. I think there should be opportunities for everyone. We
need to support farmers in all regions of British Columbia. That means
we need to acknowledge the regional differences that make it harder for
some farmers to operate than others.
There are some other details and language I find troubling in this
bill. If this bill passes, agricultural land will no longer consist of
the land that has been established as part of the agricultural land
reserve. Instead, all agricultural land will be in the ALR. That means
that all land suitable for farm use is part of the reserve, based on
what I’ve read in the sections of this bill. That represents a broad
expansion, and one can only wonder what the government intends to
do.
Really, no one can wonder, because of the dozens of places this
bill is based on the philosophy of: “Just wait for the regulations to
come out.” This bill represents yet another concentration of power at
the cabinet table and away from this Legislature. It doesn’t sit right
with me, especially after we saw the makeup of the minister’s ALR and
ALC advisory committee that examined all of these issues ahead of this
bill. We didn’t see many farmers on that committee, people who have
actually worked the land. We saw a number of B.C.’s key agricultural
regions and sectors shut out as well.
The results of this committee are working out almost exactly, I
believe, as the minister had kind of hoped they would work out. So I
hope we’re not seeing a pattern here of farmers being shut out and major
decisions impacting them being made behind closed doors and not properly
debated in the House.
[3:45 p.m.]
Moving on to some other points or aspects of the bill, I would say
that in every account, I’m pretty happy with home sizes, soil deposits
and fill removal. Of course, who wouldn’t be? In Delta, we took on these
bylaws several years ago, and I’ll speak a bit about that. We certainly
don’t want to see enormous estates taking up valuable land for farming,
and I’m sure we can all agree on that. I’m always proud to remind this
House that Delta was a leader in that regard, an early adopter of the
provincial standard that was set by our former government.
Our former government put forward the minister’s bylaw standard
for home size on agricultural land, and Delta jumped in several years
ago and adopted that. We’re very proud of that. We had some mega-homes
going up in Delta. There were a few of them that got started, but we
nipped it in the bud. We brought forward a bylaw that said: if you owned
under 20 acres of land, you could only build as big as 3,500 square
feet. If you owned land over 20 acres, you could only build to 5,005
square feet, which is even less than the actual permitted square footage
that is in this bill now.
The other thing we did in Delta that’s very interesting and that’s
not in this Bill 52 is the siting of the house. If you want to build a
house on a farm in Delta, you cannot plunk it in the middle of that farm
with a 200-foot-long driveway going right up the middle, like we all see
in south Richmond.
By the way, we have some politicians in south Richmond — one
that’s been in politics for over 40 years, in Steveston, and another who
has been the mayor and in politics for over 30 years. Combined, they
could have fixed this problem years and years ago, but no, the horses
got out of the barn a long time ago. Now they’re so happy that the
government has brought forward legislation which will get them off the
hook and finally get rid of mega-homes on beautiful farmland in
Richmond, British Columbia.
Getting back to our footprint in Delta. If you want to build a
house in Delta, you have 60 metres from the main road — 60 by 60. You
can only go back 60 metres from the main road, and it can only be 60
metres wide…
Interjection.
I. Paton:
Excuse me?
…and it has to be sited in a corner of the property so that we
don’t have houses being built right in the middle of the farms. I’m very
proud of what Delta did. Municipalities all over the province, if they
had control of some of these things, could do the same thing. The
municipal governments could take on a bylaw, the minister’s standard,
and fix the problem with home sizes by creating their own bylaw, which
we did in Delta. We’ve been successful.
By the way, I’m happy that the minister brought this forward. I
will always say that there is no need for massive houses. In fact, at
5,400 square feet, that’s a pretty darn big house. I don’t know who
would be rather unhappy with 5,400 square feet, since I live in about
1,450 square feet of my grandfather’s old cottage on our
farm.
I will note that I’m of course supportive of measures to prevent
the dumping of waste and debris on farmland. Delta also enacted a soil
deposit and removal bylaw, bylaw 7221, while I was on council about four
or five years ago. We’ve all heard the stories of dump trucks making
deals with farmers, going in and going: “Hey, we’ve got a construction
site in Vancouver. We’ve got a new hotel being built. We’re going down
40 metres into the ground. I’ll tell you what. We can pay you 200 bucks
a load if you’ll take this fill material from this construction site in
Vancouver.”
Of course, darkness sets in on a Sunday night, and the dump trucks
start rolling in through the back roads of Delta, Langley, Surrey and
different places like that. So of course, I’m all in favour of the
minister’s conclusions here to deal with this soil removal and deposit.
It’s very important; we need to get to the bottom of that.
Some questions that we will be bringing up, of course, in
committee stage, are on enforcement. We know that the land commission is
very much under stress, as far as having enough enforcement officers.
Municipal governments are able to deal with themselves. In fact, Delta,
which has this bylaw for soil removal and deposits, makes use of our own
bylaw enforcement department, and we’ve got a great department. We’ve
probably got 14 or 15 people on our bylaw enforcement.
[3:50 p.m.]
We have a Neighbourhood Watch program where all the farmers in
Delta contact each other. If they see anything nefarious going on with
dumping of fill, it doesn’t matter what day of the week it is or what
time of night it is; there’s a hotline call into Delta bylaw
enforcement. We’ve nipped it in the bud over the years, with illegal
soil deposits of poor-quality toxic soil that’s full of asphalt, rebar,
concrete and different things like that.
As I said, other municipalities have had the opportunity to do the
same with bylaw enforcement, not only with house sizes but also with
soil deposits and soil removal of illegal soil dumped on
farmland.
So that’s got me wondering who is going to supervise or enforce
this, which I just mentioned. My understanding is that it will be up to
the Agricultural Land Commission to enforce its own act and regulations.
However, I think there remains a concern about whether they have enough
enforcement officers. That’s an issue I suspect we’ll delve into more
deeply at the committee stage.
I’m pleased to see the issue addressed in the bill, and I’m sure
we can all agree that dumping of waste of any kind on arable land is
simply unacceptable and should be curbed. While there are a few measures
that I’m happy to see in this bill, there are also a few that I’m
concerned about and expect to canvass more fully at the committee
stage.
I’ll finish by saying that I’m totally supportive of talking about
mega-homes, talking about illegal fill material. A concern I have is
zone 1 and zone 2. If we go to zone 1, I just hope that every farmer
becomes 1. And all the farmers that had leniency in zone 2, to make a
few extra bucks…. We’re all not getting rich in zone 1, either. There
are lots of people hurting. Interest rates are going up.
We want young people to get into the business, to take over these
farms. If there isn’t enough money coming in from the crop — the
potatoes, the Brussels sprouts, the dairy, the milk — they need to do
something else to help pay the mortgage. We need to allow young people
to think outside the box, to add value to their farming operations, not
only in the Fraser Valley but all over this province.
It’s my hope that the farmer and the importance of protecting the
farmer will always be top of mind to this minister, and I’m sure it is.
I know she’s extremely keen on making agriculture the best it can be in
British Columbia.
I will leave remarks here. I look forward to further discussions
on this bill in the committee stage.
A. Olsen:
It’s my honour to rise and speak to Bill 52, the Agricultural Land
Commission Amendment Act. Certainly, there are issues in this bill that
I am glad to see are being dealt with by the appropriate level of
government.
I’m certainly not as experienced at agriculture as the member for
Delta South. That’s for sure. I can’t say that three generations of my
family have been in agriculture. But I certainly can say that many, many
countless generations of my family have been harvesting and developing
food-harvesting areas within the territories of the WSÁNEĆ for countless
generations. So while it might not have been what we see today as
agriculture, I would like to acknowledge that we have a long history of
developing 100 percent of the food that was eaten and consumed and, in
fact, traded in a commercial way right here in our territory.
I certainly think that this is something that we need to be
working toward — ensuring that we are ensuring the food security. While
I do agree that farming requires farmers, farming also requires
farmland, so I think that it is important that we look after the
jurisdiction that is ours, which is the Agricultural Land Commission Act
and the agricultural land reserve.
That is indeed a provincial piece of legislation, and it is indeed
our responsibility to make sure that it is doing what it needs to do and
doing what it should be doing, which is governing the agricultural land
within the agricultural land reserve.
I have some experience from the perspective of a local councillor,
as well, in the district of Central Saanich. I was the former councillor
there, and 70 percent of the land within our district was in the ALR,
meaning 30 percent of the land paid most of the bills.
[3:55 p.m.]
It was really an interesting municipality to be sitting around the
council table on. Certainly, a lot of what happened in the agricultural
land reserve impacted our community in deep ways.
I think that it’s important to acknowledge, in response to the
member for Delta South, that while it is under the purview of district
councils to make these changes one community by one, it is certainly
within the purview of the provincial government to look after its own
legislation. To update this bill would mean that it doesn’t require
numbers and numbers and numbers of municipalities to all go through the
highly intensive process that we went through to get a soil deposit and
removal bylaw.
In our community, it took 13 months. It took 13 months because it
sat on the minister of the former government’s desk while we tried to
determine what kind of impact this was going to have on the development
community in this particular area. That was the question that we were
asked when we went to find out why it was that that bill wasn’t signed
off. The government at the time was wondering what kind of impact it was
going have on the holes that were being dug for large buildings, as the
member pointed out.
By amending this bylaw and by fixing it at the provincial level,
then we don’t have the 13-month delays. Certainly, many chunks of
asphalt were dumped on agricultural land day in and day out while we
were waiting for the sign-off on that bill.
Another piece that I’d like to point out…. It might just be some
language, but I’d like to acknowledge the women in agriculture. I know
that we often use language here of “he” and “him” and “it’s his farm.”
But I think that it’s important, because many of the incredible workers
in agriculture operating farms, running farms in my riding, are women. I
would like to just raise my hands to the women that are working on the
agricultural land.
It’s interesting. We hear the slogan continually raised now — I
guess it’s just brand-new, fresh, like BCfresh or something —
“Opportunity for all.” I imagine that we’re going to continue to hear
it, as a mantra, get repeated in this place over and over. “Opportunity.
Opportunity for all.”
The other slogan is “Winning takes work,” apparently. We haven’t
heard that one too often. But I’d like to say that it is the mantra that
I’ve heard from the farmers in my riding — the work of agriculture. I
think that it’s important that we are acknowledging and raising our
hands to those who are doing the work.
Yesterday — was it yesterday? — or maybe the day before I had the
opportunity to meet with farmers, as did the members from all parts of
this House. I acknowledged the hands, because I come from a family that
didn’t produce food. We were in horticulture. Whenever I talked about
the dirt, my grandfather would shake his big mitts at me and say: “You
know, Adam, I don’t work….”
Can I even refer to myself by my own name?
Interjection.
A. Olsen:
I can? Okay.
He said: “Grandson, I don’t work in dirt. I work in soil.” My
grandfather was a man that always reminded me that we come from the soil
and that he worked in the soil. So I acknowledged, while I was sitting
around the table in the hotel next door, the hands, the mitts and the
soil that was under the fingernails and the hands of the farmers. I do
raise my hands, which are much softer and much less worthy, to the
agricultural workers: the farmers, the ranchers, the orchardists, the
people who produce food for us and for our children and for our
grandchildren.
With that, I would just like to say that the B.C. Green caucus is
very supportive of the three main aspects of this piece of legislation.
We are certainly, and have been for quite a period of time — going back
before my time in this place — encouraging government to impose limits
on the house sizes that can be built on agricultural land.
[4:00 p.m.]
We’ve seen the ALR prime farmland being turned from agricultural
uses to rural estate uses. Certainly, the more urban you get, the more
threat there is to that land. Even though it was in the guidelines,
limiting house sizes to 5,400 square feet within this bill is very
welcome, from our caucus’s perspective. As we’ve seen the impact of
speculation on land, all land, all zones throughout British Columbia,
farmland has certainly become a casualty of that. So we very much
welcome the limiting of house sizes on agricultural land.
I’d like to acknowledge the comment that was made by the member
for Delta South with respect to home plates, because this is a piece of
work that absolutely still needs to be done and that we need to continue
to push. It’s not just the size of the house, but it is, as was
mentioned, the siting of the house. If you put a 5,400-square-foot house
in the middle of prime agricultural land, you’ve still limited the
capacity of that land to produce in an uninterrupted way. I recognize
that.
It’s not just the 5,400-square-foot house; it’s the 100- or 200-
or 300-metre driveway that goes up. So much of that land is now
interrupted and has asphalt on it or even gravel or concrete. So I
certainly am very, very supportive of the government moving — and as the
minister stated, this is one of maybe multiple parts — further down the
road towards the siting of homes, the home plate.
I think the other thing, too, which comes up…. I represent Gulf
Island communities, and one of the things that comes up for me is that
much of the farmland, agricultural land in the Gulf Island communities
is operated now by multiple families that have kind of gone in together.
They’ve purchased the land, and they’re working the land together
because that’s the only way that they can afford it, frankly.
They ask me the questions about multiple homes being built. Can
multiple homes be built on agricultural land? Of course, we know that
there are significant limitations, and for good reason. I respect the
comments that were made that there could be two homes, maybe, built on a
piece of farmland, but that would be the limit. One of the questions
that gets brought to me….
I’m not resolved on this issue, but it’s one issue that I think we
can explore a little bit further and that perhaps all sides of this
House can explore. If we set a home plate size and a square footage
size, maybe we can allow for some flexibility from that owner within the
home plate, within the square footage size. It’s just something that I
put out there. If we have a limit of 5,400 square feet and we have a
home plate within which you can build, then perhaps multiple families….
Or you could have a couple of different dwellings there so that multiple
families could…. There’s some flexibility there.
I’ll just leave it at that. I’ve talked to a number of people on
the Gulf Islands that this impacts. They don’t have that flexibility. I
did let them know that I would raise it. I’d raise it with the minister,
and we’d put it out there and see what happens with it.
I did mention, when it came to illegal fill, the frustration that
we had in the district of Central Saanich. I’m glad that we’ve responded
to the challenges that we had with development fill coming in from the
urban centres into the rural and agricultural lands. Certainly, it was a
long and painful process for us to get to where we’re at. So I am very,
very supportive of the action that the government is taking to remove
this as an option, let’s say.
Again, I have some questions about enforcement. That was the big
issue that we had: okay, it’s great to have this soil deposit and fill
bylaw, but if we’re not resourcing the Agricultural Land Commission with
enough money to actually enforce, then that is causing significant
problems. I would just say that we absolutely support the move to
regulate this more strictly.
[4:05 p.m.]
As well, I’d say that we could even go a step further and work
with the Minister of Municipal Affairs and Housing and maybe have some
coordination around tracking development fill and putting some
recommendations in place where these two ministries and these two bills
can interact, to say: “Look, if you are Metro or the CRD or you have an
urbanized part of your district, then you should, if you’re getting a
building permit, be tracking that hole that is being dug and the fill
that’s coming from it.”
Finally, I would say that it is welcome — and it was part of the
platform of the B.C. Green caucus — to move back from two zones to a
single zone. I’d just say, in this context, the change to two zones did
threaten agricultural land. It opened it up. It said that some lands
were more capable, while others lands were not.
We do know that lands outside of the more mild climates of
southwestern British Columbia are also very valuable for their
agricultural production. Just because there’s snow on them for parts of
the year doesn’t mean that we should leave those vulnerable or that they
should have a different set of values. It’s still about food production.
It’s still about making sure that we can provide the food, like we have
in this province, that we can eat food that’s grown here.
On those notes, I would just like to congratulate the minister. We
share Saanich. She’s Saanich South; I’m Saanich North. A lot of
agricultural land within our two jurisdictions. I know, as the former
critic on this file and a farmer, that this has been something that has
been long awaited from the minister and the member for Saanich South.
I’d like to congratulate the minister on the good work that’s been done.
You have the support.
We will be going into some details on this bill as we go through
committee stage, but congratulations, and thank you, hon. Speaker, for
the opportunity to speak at second reading.
N. Simons:
I just have a few comments of my own on this bill, having been
interested in this subject for some time. I believe some corrections are
being made to some changes that were initiated a few years ago with Bill
24 that were widely criticized by many in the agriculture sector. I had
the honour of being Her Majesty’s Official Opposition critic for the
Ministry of Agriculture at the time, and I remember the debates that
went on for days about their particular changes to the agricultural land
protections that we had.
I’m just so pleased that the Minister of Agriculture saw fit to
make this one of her early priorities in terms of legislation. I think
it’s highly supportable, and I’m pleased that members from the Third
Party are in support as well.
I hope that the critic knows that some of his concerns raised in
this second reading are misplaced. I’m sure he’ll be very pleased to
know that — his concerns over some things that are not in this act,
which he was worried about, including the panels. There’s no change with
respect to panels in this legislation.
The zones. Putting back to one zone was an overwhelming request of
the B.C. Agriculture Council. I am not sure if he’s the lone voice in
the wilderness on this or if he’s just been separated from the herd, but
the fact is this is legislation that’s been created after widespread
consultation with a broad sector of the agriculture community, including
a number of farmers, academics, experts and scientists. I think that
their consultation process is a ma