British Columbia Hansard — Tuesday, November 19, 2019 p.m. — Number 292 (HTML) (41st Parliament, 4th Session) (20191119pm-House-Blues)
20191119pm-House-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, November 19, 2019
Afternoon Sitting
Issue No. 292
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Orders of the Day
Second Reading of Bills
Bill 38 — Climate Change Accountability Amendment Act, 2019 (continued)
B. Ma
S. Furstenau
Hon. G. Heyman
Bill 39 — Miscellaneous Statutes (Minor Corrections) and Statute Revision Amendment Act, 2019
Hon. D. Eby
P. Milobar
Hon. D. Eby
Bill 40 —
Interpretation Amendment Act, 2019
Hon. D. Eby
L. Larson
A. Weaver
T. Shypitka
R. Kahlon
Hon. D. Eby
Bill 43 — Election Amendment Act, 2019
Hon. D. Eby
J. Yap
S. Furstenau
Hon. D. Eby
Committee of the Whole House
Bill 37 — Financial Institutions Amendment Act, 2019
S. Bond
Hon. C. James
S. Cadieux
A. Olsen
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 41 — Declaration on the Rights of Indigenous Peoples Act (continued)
M. de Jong
Hon. S. Fraser
M. Lee
TUESDAY, NOVEMBER 19, 2019
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
J. Thornthwaite: I have some very special guests in the gallery today. It’s a very,
very special day for them, as well as tomorrow, and, moving forward, in
other days coming.
I spoke on a documentary called Krow’s TRANSformation in the
last session. Since then, the producer-director of this film, who is a
constituent of mine, has been globetrotting around the world showing this
marvellous, marvellous documentary on an individual that transformed into a
man and is now a transgender model — a very, very successful model. This
documentary is actually going to be viewed today by our caucus, as well as
the government caucus, which is very exciting.
I’d like to introduce the members to the House and start off with Gina
Hole Lazarowich. She’s the director and the producer, and she’s my
constituent. The main subject of the film is Krow. Kas Baker is also a
subject in the film, as is Ashton Sciacallo. Then we’ve got the moms and the
dads who are there to support them: Nancy Van Neste-Baker, Michael Baker,
Lisa Jacobsen and Bianca Sutton, who is the publicist for OUTtv, because
tomorrow they are launching their film on OUTtv.
[1:35 p.m.]
It’s a very exciting day, and I’d like the House to please join me in
making them feel very, very welcome.
S. Chandra Herbert: Well, I would like to say I’ve got special guests, but indeed,
everyone in this Legislature has special guests here. We have special
guests, as my colleague from North Vancouver–Seymour identified.
Tomorrow is Transgender Day of Remembrance, and I really want to thank
Gina Hole Lazarowich and the entire team behind Krow’s
TRANSformation for coming here at this time to share their
documentary with us. It’s a documentary that I’ve yet to see, which is
unusual, because if something features me in it, I have to see it right
away. But not this time. I’m learning humility. Maybe it’s having a kid kick
my butt every morning.
Anyway, it’s so good to have them here, to learn from them, to be able
to share the story, and just a special thank you to Gina especially. I first
met Gina in the days of Save B.C. Film, when we were working around the film
industry and how to best support the film industry. Through that period, we
got to know each other better and also, over that time, watch as this
Legislature grappled with gender identity, expression and how we could get
it into our human rights legislation, which we were eventually successful
doing.
Thank you to Gina. Thank you to the entire team for sharing your
stories, for being so vulnerable and out there. It’s not easy work, but it’s
very important work. You’re making our province a better place because of
it.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued second reading debate on Bill 38,
Climate Change Accountability Act, and in Committee A, Douglas Fir Room, I call
continued committee stage on Bill 41, Declaration on the Rights of Indigenous
Peoples Act.
[R. Chouhan in the chair.]
Second Reading of Bills
BILL 38 — CLIMATE CHANGE
ACCOUNTABILITY
AMENDMENT ACT, 2019
(continued)
B. Ma: I’m pleased to be able to resume my place here in the chambers to
talk about Bill 38, intituled Climate Change Accountability Amendment
Act. This act, of course, as I was talking about before we took a break
for lunch, is
an act that helps us get to a cleaner B.C. It’s based on
the work of CleanBC, which is our climate action strategy. I won’t
rehash the information that I provided before, but I do want to
re-emphasize that CleanBC is an exceptionally important climate action
strategy, not only because it reduces emissions by electrifying our
transportation system or increasing the emissions efficiency of our
buildings but also because it works to transition our economy away from
fossil fuels and transition our economy towards a greener
future.
Economic transformation is probably the most important thing that
we need to do as a government, that we need to do as a jurisdiction,
that the entire world needs to do in order to actually tackle climate
change. Technology isn’t the problem. It has never been the problem. We
have had electric vehicles for decades. We have known for almost a
century what we were doing with the fossil fuel industry and what we
were doing with greenhouse gases. We have known for what seems like
forever what was necessary to actually save us from this future that we
are now currently headed towards together.
Our economic and financial system is captured by the fossil fuel
industry, and I say this extremely seriously. It’s not just B.C. We see
it across Canada. Canada was economically built on resource extraction.
I think that it’s important to acknowledge that, and it’s important to
respect and be grateful for what resource extraction has done for our
country and be grateful for what petroleum products have brought to
civilization. But just because we have come from a place where fossil
fuels have been embedded into our economic and financial system doesn’t
mean that we need to continue forward in that way. We have to
transition.
[1:40 p.m.]
We have seen…. I have seen in my time as an MLA here how captured
our entire system is by this industry, how it influences the way that
individuals see their options for prosperity in certain parts of the
country. We have seen the way that it limits the kinds of choices that
governments feel like they can make. I have learned about how many wars,
how many regime changes, how many sanctions have been placed on
countries around the world, based on whether or not they will or won’t
play ball in terms of fossil fuel and gas and petroleum exports — in
particular, with the United States.
This is something that we all need to grapple with as we go
forward into actually meeting our climate targets, because it’s not just
about emissions. Emissions on their own won’t release us from the grasp
of the fossil fuel industry.
I come from a generation…. I’m a millennial, an elder millennial,
probably on the earlier end, in terms of the years that millennials are
considered to be millennials. I remember when we, as a generation,
sounded the alarm on intergenerational inequality — not just financial
inequality, not just on wealth and income, but also on climate and the
environment.
As a generation, we were told to shut up. We were called “lazy,
entitled, naive.” We were told to stop whining, to go get a job. “Come
back to the table when you have more experience. Then talk to us about
what’s going on. Go out and work really hard, and stop being lazy. Give
up your avocado toast and your lattes, and then everything will be
fine.”
You know what? That’s what we did. We went out, we got jobs, and
we put our concerns aside for a while. We lived in smaller homes, rode
our bikes, took public transit, composted and recycled, and it didn’t
fix the problem. It did not fix the problem, and now we are back. But
this time, we won’t stay silent, and you can’t get rid of us.
We are in your workforce. We are in your streets. We are
supporting people who are even younger than us and encouraging them to
speak up, not sit down. We are also in your city councils, and yes, we
are in your legislatures. Not that many of us, mind you. Out of 87 MLAs
in the B.C. Legislature, only three of us are millennials, despite
making up the largest voting bloc today. We make up only less than 3.5
percent of the people who sit in this House and make laws for future
generations.
We’re demanding action on climate change, and we’re demanding
accountability with our leaders, with community members. We’re
organizing people together to fight for our future. This bill, Bill 38,
is exactly the kind of bill that I left my career for in order to run to
be an MLA — so I could stand in this House and support the incredible
work of the Minister of Environment and climate action, the incredible
members of the Third Party and all of the colleagues that I know sit in
this House who support climate action.
I came here to support this work. So I’m really proud to be able
to vote for it. But I also have to say that it is not enough. B.C. is
leading the continent on climate action, yet it is still not enough, not
only because B.C. needs to do more but also because the rest of the
world needs to do more. Canada, the States, China — all of the different
countries around the world need to be pulling together in order to do
exactly the kinds of things that we’re striving to do right here under
the leadership of the Minister of Environment and Climate
Change.
I know that the minister knows this to be true, because I have
seen him fight every single day to make us better — make our province
better, to encourage the country to be better — and to show himself and
our province to be a leader on the world stage.
I’m very pleased to be able to support this bill, and I look
forward to helping all of my colleagues in this House continue to be
better as we move forward into a better future.
[1:45 p.m.]
S. Furstenau: I’m delighted to be speaking to Bill 38 today, the Climate Change
Accountability Amendment Act. I’d just like to follow on my colleague
the member for North Vancouver–Lonsdale and her passionate words just
now.
What she reminded me of is one of our incredible policy staffers
in our office, Claire Hume, who often frames our work on climate as a
“yes, and.” There is so much to do. It is such a complicated and,
seemingly at times, intractable issue. But what we have to do is adopt a
stance of “yes, and.” Yes, the bill is not perfect yet, and we’re going
to keep doing better. Yes, other regions haven’t come on board to do
their part, and we’re going to keep showing them how.
I appreciate the member’s passion and her words. I also want to
acknowledge how much I appreciate Claire for guiding us as well in her
“yes, and” stance that she takes.
I will start my comments today with an overview of the broader
climate change context within which Bill 38 is situated before turning
to its main policy components. From there, I’d like to speak about Bill
38 as an example of good governance and compare it also to the work
being done on both vaping and LNG, before finishing with a few remarks
on how it relates to the future of our province. It may seem a little
off-topic at times, but I can assure you that if you stick with me, I’ll
bring it back to the important task at hand: a second reading debate on
the Climate Change Accountability Amendment Act, 2019.
As my colleague from Oak Bay–Gordon Head stated in his speech,
climate policy rhetoric is nothing without transparent, accurate, timely
and publicly accessible data, and political promises are worthless
without legislated accountability. “Trust us” is not a good climate
policy. It is my sincere hope that the transparency and accountability
mechanisms in this bill, if passed, will last well beyond this current
government and set an evidence-based foundation from which future
climate policy can be built.
I can only begin to describe how desperately this bill is needed.
To that end, I’d like to remind everyone of the major reports that have
been published just in the last year alone. To start, there was the 2018
IPCC special report, in which the world’s leading climate scientists
warned that there are only a dozen years for global warming to be kept
at a maximum of 1.5 degrees Celsius, beyond which even half a degree
will significantly worsen the risk of drought, floods, extreme heat and
poverty for hundreds of millions of people.
A few months later, Canada’s Changing Climate Report was
published by the federal government. The report noted that northern
Canada is warming at twice the global rate and highlighted B.C. as being
particularly vulnerable to drought, glacial loss, severe wildfires and
sea level rise, which will salinate farmland.
Shortly after that, we had the report from the UN
Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem
Services that stated, in stark terms, that we are in the midst of an
extinction crisis, with a million species likely disappearing within
decades. The consequences of this will be devastating for ecosystem
stability and food production.
Then we got the report from the UN special rapporteur on extreme
poverty and human rights. Professor Alston said that the world is on
course for climate apartheid, where the rich will buy their way out of
the worst effects of global warming and the poor will suffer. “Even
under the best-case scenario, hundreds of millions will face food
insecurity, forced migration, disease and death…. Staying the course
will be disastrous for the global economy and put vast numbers of people
into poverty,” he wrote.
Then this summer the province quietly released their strategic
climate risk assessment for British Columbia. In it, severe wildfires,
seasonal water shortages and heatwaves were the three highest-ranked
risks facing the province in terms of severity, magnitude and
likelihood. Ocean acidification, glacier mass loss and long-term water
shortages also topped the list.
Just last week, the Climate Transparency analysis of G20 nations
found that Canada is in the top three countries furthest off track from
meeting their emissions targets. Our per-capita emissions are 18.9
tonnes. The G20 average is 7.5 tonnes.
[1:50 p.m.]
We talk a lot about being environmentally conscious in B.C. and in
Canada, but the data tells a very different story. Politicians have a
moral responsibility to think further into the future and govern not
just for their term but for their children and their children’s
grandchildren. This is the moon shot of our of our generation. Let’s
talk about some of the policy logistics that will help us land
it.
The main components of Bill 38 are as follows: a requirement for
government to set an interim emissions target on the path to the
legislated 2030 target, which is 40 percent in greenhouse gas reductions
below 2007 levels. This is similar to the interim targets set for 2012
and 2016.
The bill will have a requirement for government to set separate
2030 sectoral targets following engagement with stakeholders, Indigenous
peoples and communities throughout the province. This will make sure
that the responsibility to reduce carbon pollution is effectively
distributed across B.C.’s economy and between ministries. The Minister
of Environment alone cannot tackle this challenge.
A requirement for government to table an annual report on actions
taken to reduce carbon pollution along with their costs and how they
will achieve the government’s legislative emissions reductions
targets.
The annual reports will outline the latest emissions data and
projections as well as actions planned for future years and the effect
they are expected to have. It will also include a determination of
climate risks our province is facing along with risk reduction policies
and any mitigation or adaptation plans.
The bill will have a requirement for government to establish an
independent advisory committee that will be modelled on the Climate
Solutions and Clean Growth Advisory Council now that the council has
fulfilled its mandate.
The committee will be made up of members from diverse areas of
expertise in regions of the province and can provide advice to the
minister on policies that can lead to further reductions, progress
towards targets, opportunities for sustainable economic development,
opportunities for climate mitigation and adaptation, among other matters
related to the act.
Lastly, this bill gives government the ability to set more
detailed targets and other environmental standards for publicly owned
buildings and vehicle fleets to help reduce emissions, improve
environmental performance, save money and support innovation.
The Climate Change Accountability Act as currently written already
includes legislated greenhouse gas reduction targets as well as a
requirement to collect data for tracking emissions. But our targets are
set ten years apart, and data is published on a two-year delay. Combine
that with the four-year government mandate, and you create a situation
where political parties spend the first two years blaming their
predecessors for bad results and the next two years saying they are just
getting started while making promises they can only fulfil if you vote
them back in.
Then before you know it, the ten-year target is within sight, but
by that time it is too late to substantively change your emissions
trajectory. Bill 38 aims to cut through those excuses by shortening the
time scale and increasing transparency. For example, by including
interim targets again, we’ll be able to evaluate our progress prior to
2030. If it shows we’re on track, great. That adds credibility to
government so they can continue their course.
If not, they will be responsible for correcting the trajectory
prior to the end of the decade. By reporting emissions annually, the
public will get a better sense of where emissions originate, which
policies are working, which are not and how all of the above align with
the next year’s fiscal forecast.
The existing act also already has a provision that allows the
minister to establish sectoral targets, but it is written as an option.
Section (4): “The minister may, by order, establish greenhouse gas
emissions targets for individual sectors” instead of a requirement. So
it has gone unused.
The practice of using sectoral targets to help guide reductions is
well established. New Zealand; Victoria, Australia; Germany; and the
U.K., for example, all have variations on the policy. New Zealand and
Victoria, Australia, in particular, are good policy proxies for B.C.
because of their comparable population size.
A commitment to set sectoral targets was also included in the
minister’s mandate letter and the 2017 NDP platform. So its inclusion in
Bill 38 should come as no surprise.
[1:55 p.m.]
Ultimately, this bill is about basic good governance. It says that
governments should follow the law. Government should ensure every
industry operates in accordance with the law, and government should
report back to British Columbians with accurate, timely data about the
progress taxpayers are funding.
To understand why such a basic fundamental bill is so noteworthy
and so important, one must consider the state of governance in the
fossil fuel area, a political economy so intertwined that the roles have
evolved to favour those who stand to gain the most. It is the politics
of accommodation. It pivots on the threats of competitiveness, bends to
meet demands of fossil fuel interests and is willing to sacrifice all
else for their profit. The concentrated power of business as usual
exists just to justify the short-term concentration of benefits among
the few, even as it comes at the cost to the many and leads us all
toward an increasingly catastrophic outcome.
As academics Thomas Princen, Jack Manno and Pamela Martin
write:
“Burning fossil fuels has social and environmental consequences that
must…be taken into account. These are real costs spread throughout
society and borne mostly by those who never profit directly from fossil
fuels.”
They continue:
“Decisions considered to be the subjects of debate are limited to
conserving energy, keeping the prices affordable, siting infrastructure,
encouraging discovery and development of new sources and cleaning up the
messes — but never the decision about whether to extract in the first
place…. Given the environmental and societal consequences of fossil fuel
dependence, energy decisions should be determined by a logic other than
one based solely on industry profits….”
Instead, ensuring that every British Columbian has the conditions
to live a healthy, fulfilling life in a flourishing, supportive
environment should be the government’s most important responsibility.
Again, to paraphrase Princen, Manno and Martin, just as tobacco went
from being medicinal and cool to lethal and disgusting, the
delegitimization of fossil fuels recognizes that a substance once deemed
net beneficial can come to be deemed net detrimental.
In the context of Bill 38 and government’s response to climate
change, I think it’s worth considering how they respond to other public
health threats. Let’s look at vaping. With vaping rates skyrocketing
amongst teenagers, parents, teachers and governments are rightfully
concerned. Decades of anti-smoking progress in the face of concerted and
relentless lobbying efforts from the tobacco industry are being
reversed. As we all well know, in addition to vaping-related lung
disease, the longer-term impacts of nicotine addiction can be dire. Just
last month B.C.’s provincial health officer confirmed the first probable
case of vaping-related illness.
Less than four weeks later, government unveiled an ambitious and
comprehensive suite of policy, regulatory, educational and taxation
measures to address the issue, with the Minister of Health, the Minister
of Education, the Minister of Finance, the B.C. Lung Association and the
Canadian Cancer Society standing united in their efforts to protect
British Columbians from this health risk. That is good governance in
action, and I applaud government for their decisive plan to protect
youth.
It is challenging, however, to see their vaping reaction stand in
such stark contrast to their endorsement of the LNG industry. Reports
from the Intergovernmental Panel on Climate Change have made it
painfully clear that climate change is the largest public health
challenge that we face, with only a few short years to steer away from
catastrophic outcomes by dramatically reducing our greenhouse gas
emissions, starting now. Yet every member of the B.C. Liberals and the
B.C. NDP voted in favour of a fossil fuel project that plans to
drastically increase our emissions from 2023 through the year 2060, not
only permitting their expansion but subsidizing them every step of the
way.
[2:00 p.m.]
LNG Canada, a project set to become the single biggest point
source of emissions in our province, will pollute until after our
children have retired. It will pollute the province our grandchildren
are born into.
I appreciate there are important distinctions between smoking and
fossil fuels that allow government to act definitively. For one, it is
easier to make a connection between someone vaping and that same person
ending up in hospital with acute lung disease. The immediate cause and
effect is clear. That said, government also takes the nicotine addiction
aspect of vaping seriously, declaring it a public health hazard, with
plans to regulate its content level, going forward. Nicotine, much like
fossil fuel combustion, has a longer lag between the use and the
connected harm. Even still, government strives to regulate nicotine
because of its future damage.
Industry lobbying efforts are also important aspects of these
files. In one, we are discerning enough to recognize that there are some
legitimate uses for the product while also maintaining they should not
be used excessively throughout society. We trust the guidance of medical
professionals who confirm that vaping can be a helpful smoking
replacement or cessation tool, and we trust our gut when industry tells
us that cotton candy–flavoured, bubble-gum-pink vaping products peddled
Taking both into account, we tailor our regulations
appropriately.
With climate change, however, we seem to, at best, be lacking the
urgency required, and, at worst, be working on both sides of the issue.
Where government’s choices in response to vaping have been complete and
absolute, geared to taking us to a place where our children are not put
at risk, the government’s climate response is to build a credible road
map and then allow for a growing oil and gas sector.
Which brings us back to the importance of good governance. Instead
of the politics of industry accommodation, we need a new governance
story that recognizes interdependence — a belief that my well-being is
directly related to your well-being, to the well-being of the river, the
forest, the salmon, and to the well-being of children, and an
understanding and acceptance that what we do to the world, we do to
ourselves. Even if we can physically survive after the last orca or the
last caribou or the last steelhead has gone extinct, when life around us
withers and dies, so, too, do we.
We are immensely fortunate to live in British Columbia. It is,
quite literally, one of the best locations on the planet from which to
navigate the climate-related challenges ahead. We have access to
boundless renewable energy, fibre and water like no other jurisdiction
in the world. We have incredible potential to create clean, renewable
energy and a forestry sector that could be sustainable.
Transitioning to a carbon-neutral world doesn’t mean going back to
the Dark Ages. It means transitioning to a cleaner, safer, more
sustainable society where economic, social and environmental concerns
are central in all of our decision-making. I applaud the work by local
governments around the province and across the country that have
recognized that now is the time to take action on climate
change.
In particular, it’s heartening to see the recognition that climate
action is not limited to reducing emissions or levelling up renewable
energy. On Sunday, it was reported that 50 mayors and councillors from
across Canada have signed the Victoria call to action, a promise to
build communities that can react to climate change.
Recognizing that helping our communities become more connected,
creating a greater sense of belonging for all citizens, ensuring that
our neighbourhoods are places where we know that we are looking out for
each other and where we work to deepen our empathy for each other,
engaging in decolonization and building equity — all of these are
essential aspects of climate action. And the outcomes not only benefit
our biosphere. They benefit each and every one of us in our day-to-day
lives.
[2:05 p.m.]
Climate change is the result of an imbalance. Human activity has
resulted in an overabundance of greenhouse gases in our atmosphere,
which is undermining the very delicate balance of our global climate
system. But there are other imbalances that we can and must address in
this time of transformation: the imbalance of inequality, the
overabundance of isolation in our communities, the hollowing out of
neighbourhoods while housing becomes a commodity to invest in instead of
homes to raise families in.
We have so much to gain. The shift that we can — that we must —
take can be the vehicle to deliver a more just, equitable and healthy
society in which we put the health of our planet, the health of our
communities and neighbourhoods and our own health at the centre of our
decision-making.
To capitalize on these possibilities, we need to start planning
beyond the next election cycle. We need to focus on building a new
economy that works for all of us, not just the privileged
few.
That’s what Bill 38, ultimately, is about. It is the foundation
for what comes next.
Deputy Speaker: Seeing no further speakers, the Minister of Environment and
Climate Change Strategy will close the debate.
Hon. G. Heyman: I want to thank all of the members of the House, in all three
parties, who rose to speak to Bill 38, the Climate Change Accountability
Amendment Act, and the important issues that led to the introduction of
this bill.
I want to reflect on some of the comments. The Leader of the Third
Party spoke about the non-partisan nature of all of us, as leaders and
politicians in this province, coming together to address climate change,
to develop a plan and to be willing to be transparent and accountable
about the effectiveness and the truth of the measures that we both
outlined and then act on to meet the challenges, to meet our targets and
to meet the particular steps along the path. I agree with the Leader of
the Third Party.
I think it is important to acknowledge and thank all of the
members of the Third Party for their work with our caucus and with me,
in particular, to develop our CleanBC plan, to discuss an appropriate
response to climate change and to discuss the kind of role we can play
here in British Columbia.
We’ve demonstrated, I think, that we have discovered in our two
caucuses that while we may disagree on elements of a plan, maybe even
disagree on issues — as has been highlighted by the remarks of the
member for Cowichan Valley — we don’t need to let that stop us from
finding common ground and the ability to agree on a suite of actions
that will make a difference, that move us forward while we continue to
discuss and resolve areas of disagreement. That’s critically important
and should be something that we think long and hard about in this
chamber, about how we can work together.
I also want to thank all the speakers. Particularly, I want to
thank the two millennial members of the New Democrat caucus who both
spoke passionately about their own feelings and beliefs about the
challenges that they see ahead of them, for what I hope will be many
more decades of their lives, and the concerns of the people in their
constituencies, as well as the people in their generation. The real
threat, the real existential threat that they feel, not just in terms of
the challenges we face today from droughts or wildfires or rising sea
levels or impacts on our forests or wildlife or fish but their worry
about the scientific reports about how rapidly the threat is escalating
and how much more rapidly it will escalate if we do nothing. I take
those seriously.
I know that I have been impacted by meeting with young people,
particularly teenagers, who came and met with me both individually and
in a joint meeting with the Premier, who participated here in Victoria
in the climate strikes — the increasing climate strikes and the
increasing number of young people and their allies from older
generations who are making their voices heard and thinking that this
issue is so critical that they have to stand for it and have to be seen
to be standing for it.
[2:10 p.m.]
It was the passion, the articulation, the urgency, the reality of
the issues facing teenagers, ranging from 12 to 18, that I met with and
the Premier met with — who asked us hard questions — that I know for me,
and I’m sure for the Premier, led to our conviction that we needed not
just a plan and not just to say we have a plan and not just legislated
targets, but a demonstrated willingness to be held accountable for what
we do every single year to move our plan forward and to demonstrate that
we would be willing to be transparent if our plans needed to be amended,
if they needed to be shifted, if they weren’t being successful in a
particular area or if we were backsliding.
In my opening remarks, I noted and acknowledged, and I will
acknowledge again, that one of the reasons that B.C. is seen as a leader
in climate action, and particularly through carbon pricing, is because
the government of Gordon Campbell introduced a carbon tax in 2008. It
showed that we could affect emissions, that we could bring down
emissions and that we could still develop a sustainable economy while we
appropriately priced carbon. Many corporations have been shadow pricing
carbon for years because they understand that’s necessary.
I acknowledged that that work was begun. I think that’s something
for us to celebrate, because it indicates, I hope, that in this chamber,
we can reach agreement and move together on this most critical issue of
our time, this climate emergency that is recognized by citizens across
Canada.
I will say I listened carefully to the speeches of the members of
the opposition. I don’t personally think it’s good enough to say there
is nothing new in this bill or that all this bill does is to continue
the work that was already in place from a previous government. The fact
is that under the government of Christy Clark, from 2011 onward, climate
action in this province stalled. In fact, it slid backwards.
That is what happens sometimes in political cycles. What this bill
is about is ensuring that if governments make choices to deprioritize
this most critical issue of our time and cease to move forward on the
plans that we’ve announced, the plans that people depend on, we will be
reporting regularly in detail on exactly how we are failing to meet our
commitments. It’s important for accountability, but it’s also important
to keep us on track.
That’s what this bill is about. It’s about using the tools we have
to better reach our targets by ensuring that we have guidance and
mileposts through interim and sectoral targets. It’s about demonstrating
leadership in the public sector by doing what we can to bring down
emissions very, very explicitly — not just buying offsets, though those
have a role, but actually specifying requirements and
targets.
It’s also about reporting, in a detailed manner every year, on
what we plan to do every single year for three years going forward; the
specific measures and the funding we put in place to meet those
measures; then looking backward at the previous year and one year
further back, for which the reporting is verified, to say exactly how
successful we’ve been or where we may need to recalibrate; and also to
ensure that the advice and commentary of an independent council is
reported transparently to the public.
That won’t always be easy for this government or any government,
because it is not possible to be perfect, but it is possible to act with
goodwill. It is possible to reflect on how we’re doing, and it is
possible to show British Columbians that we’re doing everything we can
to meet our commitments in this most important challenge. That’s
important.
We’ll have an opportunity at third reading to look at the elements
of the bill in some considerable detail. But I would say that this bill
is important for a number of reasons.
[2:15 p.m.]
It tells those young people and others who want to see concrete
action that we not only have a target, that we not only have a detailed
plan to meet that target, but that we’re willing to report regularly and
be held accountable for how we are doing — whether we are keeping our
promises, whether we are meeting the challenge that they demand that we
meet.
Comments were made that we only have a plan for 75 percent. We are
working on the rest of the plan, and our commitment is to detail the
rest of that over the course of the next 13 months. What this bill says
is that if we fail to do that, we will be accountable for that. That is
not different from the Gordon Campbell plan, who also came forward with
a plan to say how 75 percent of the targets would be met. So people knew
how we were starting as we continued to develop the work.
We are seeing success. We had a target of 10 percent of new car
and light duty vehicle sales being clean energy vehicles by 2025. This
month, in 2019, we met that target six years early. That’s what having a
plan means. That’s what having financial measures to address that plan
means. That’s what it means to be accountable and take seriously our
commitments, and we intend to do that with every element of our CleanBC
plan.
The member for Kamloops–North Thompson said that I said, in a
speech to municipal leaders, that B.C. is only responsible for 2/10 of 1
percent of global emissions. That’s true, and the reason I said it was
to make the point that we still have a responsibility to do our part. In
doing so — through carbon pricing, through emission reduction and
through building a diversified, modern, low-carbon economy while
reducing emissions across society — we can show the rest of Canada and
the rest of the world that we need to take action, that we can take
action and that we can prosper economically through a new diversified
economy while we do that.
I see we’ve been joined in the gallery by a number of students.
I’m happy to see young faces here for the closing of debate on second
reading of a bill that will affect your lives, that will affect the
lives of other students. We are serious in this government about doing
everything we can to meet the climate challenge. This bill says that
we’ll be accountable to you and to every British Columbian for how we’re
doing.
With that, I move second reading of Bill 38.
Motion approved.
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 38, Climate Change Accountability Amendment Act, 2019, 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. G. Heyman: I call second reading of Bill 39, the Miscellaneous Statutes
(Minor Corrections) Act, 2019.
Interjection.
BILL 39 — MISCELLANEOUS STATUTES
(MINOR CORRECTIONS)
AND STATUTE
REVISION AMENDMENT ACT, 2019
Hon. D. Eby: Glad to hear the Leader of the Third Party is very enthusiastic
about this bill.
I move the bill be now read a second time.
Bill 39 makes minor corrections and housekeeping amendments
to various statutes. They are all meant to be straightforward,
non-controversial corrections and minor in nature. The contents of the
bill, when read, reflect that. I say “meant to be” because we have had
some very interesting discussion and debate about commas, semicolons,
and so forth, in this place on this bill, and the Leader of the Third
Party often leads the discussion.
The office of the legislative counsel gathers minor corrections as
part of the routine statute revision process. The result of that work is
what we have in this bill. The office of legislative counsel, I should
note, takes great pride in the work that they do, and it serves this
House very well. I’m certainly very proud of the work that they
do.
The changes in the bill are presented before the Legislature so
that this Legislature can approve all changes to statutes, no matter how
small or minor they may appear. In other words, there is a very
important principle here that people cannot simply go in and change the
law. They have to have the approval of the Legislature before any
changes may be made, no matter how apparently minor. The changes need to
be done with the authority of this House to ensure that B.C. statutes
are orderly and correct — a goal, I would hope, of any administration in
this province.
P. Milobar: It gives me pleasure to rise to Bill 39, the hard-hitting
Miscellaneous Statutes (Minor Corrections) and Statute Revision
Amendment Act.
[2:20 p.m.]
As we heard from the minister, I look forward to committee stage,
where we will delve deeply into the difference between round brackets
being switched out with square or box brackets and other similar
punctuation and formatting changes that are being made. I would note
that a lot of these are actually very serious acts that these changes
are happening in. I’m not trying to make light of things like the
Adoption Act and Adult Guardianship Act and those of that nature, but
certainly, this bill is one of the few times where it’s really as minor
as the title would indicate.
As I say, I look forward to the committee stage, where we will get
into all of the machinations that are the world of
punctuation.
Deputy Speaker: Seeing no further speakers, the Attorney General to close the
debate.
Hon. D. Eby: With some regret, I move second reading.
Motion approved.
Hon. D. Eby: I move that the bill be referred to a Committee of the Whole House
for the next sitting after today.
Bill 39, Miscellaneous Statutes (Minor Corrections) and Statute
Revision Amendment Act, 2019, 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. D. Eby: I call Bill 40, the
Interpretation Amendment Act, 2019, second
reading.
BILL 40 —
INTERPRETATION
AMENDMENT ACT,
Hon. D. Eby: I move this bill be now read a second time.
This bill responds to the very clear message from British
Columbians that they wish to end the practice of changing our clocks
twice a year. This summer we had the biggest response to a public
engagement in the province’s history. Over 220,000 British Columbians
responded to a survey asking how they felt about our current practice of
changing the clocks and whether they’d prefer to be on daylight saving
time year-round. The results were clear. Ninety-three percent said they
want to stay on daylight saving time, or DST. This support was
consistent across all regions of the province, all age groups and nearly
all occupations. It’s as clear a message as we could expect to
receive.
It’s important to note that a majority, albeit a smaller one, also
indicated that it’s important to align our time observance with our
neighbours to the south and the north. Overall, 54 percent said that was
important or very important. The industry groups we heard from,
including the Vancouver Airport Authority and the B.C. Chamber of
Commerce, were also very clear on this point.
Operating at a different time zone from our neighbours to the
north and south could create uncertainty and unnecessary confusion for
business, consumers and travellers. That’s why the change proposed would
not come into effect immediately. Instead, it would happen by regulation
so that we can synchronize our time change with those in Yukon and in
neighbouring U.S. states on the Pacific coast: Washington, Oregon and
California.
I should note that the States require approval of the U.S.
Congress to make this change, so the timing is not in their hands. But
passing this legislation now will leave us ready to respond at the
appropriate time.
I should also point out that this bill does not make any changes
to provisions in the Local Government Act and Community Charter that
permit areas of the province to observe Mountain Time. Essentially,
that’s the Peace River region and the East Kootenays. That’s been a
long-standing practice, following a plebiscite in the areas bordering
Alberta in the 1970s.
We’re continuing the practice of letting those areas determine
whether they wish to observe Mountain Time. The bill would create a new
name for our time zone, Pacific Time, and would remove the
regulation-making authority that’s currently in the act that permits us
to move to daylight saving time for part of the year.
Pacific Time is the simplest and clearest way of expressing the
new time zone. It effectively becomes our new standard time and will be
seven hours behind Universal Coordinated Time, which used to be called
Greenwich Mean Time. That seven hours’ difference is the same as what we
currently observe during daylight saving time.
The practical effect of this change is that in winter months,
sunrise and sunset will be an hour later than they are currently. We
recognize that this will be an adjustment for some. With a later sunrise
in mid-winter, schools, for example, may want to look at their starting
and ending times. But the biggest change will be for people who have
great difficulty adjusting to disruptions in their sleep. For most of
us, changing the clocks is simply a bit of a nuisance, but for some
people, it can cause significant problems and disrupt their health for a
period of time after the actual date of the change.
For all these reasons, I think we’re doing the right thing in
responding to this clear message from British Columbians and ending the
practice of changing our clocks twice a year. I look forward to hearing
from other members of the House on this bill.
L. Larson: Thank you, Minister. After two years and three private members’
bills, I am pleased to finally be able to speak to second reading of
Bill 40, the
Interpretation Amendment Act, 2019.
[2:25 p.m.]
This is truly a non-partisan issue for the people of British
Columbia. Changing our clocks twice a year affects all of us, regardless
of age, economics, cultural diversity, urban or rural. For some, the
effects are more than just the effort of switching. For some, there is a
very real physical and mental impact.
For all of you with small children, you know that it will take at
least a week of adjustment before everyone is sleeping and eating again
on a comfortable household schedule. For seniors, either living at home
or in care facilities, just adjusting meal times and medications is
stressful. While experts cannot agree on which time zone is the best for
our health overall, all agree that switching itself causes the greatest
health and safety concerns.
Seventy-nine percent of the world’s population does not adjust
their time twice a year. Many of the 21 percent of jurisdictions who
have done time switching are now enacting legislation to just stay on
one time zone. The choice is generally daylight savings time, as most
are in the northern hemisphere, where dark winter evenings are more
likely on standard time. I’m sure our weather plays a big role in the
desire of most to have more daylight in the evenings of our warmer
seasons of the year.
The European Parliament, in 2018, backed a review of time-shifting
related to daylight savings time. European lawmakers called for a
commission to launch a full evaluation of their current systems. In
North America, discussions on the time-shifting have been going on for
many years, and several jurisdictions have now moved into proposed
legislation. Florida passed the Sunshine Protection Act, which will make
daylight savings time their year-round time zone. Washington State and
Oregon have legislation in process to stay on daylight savings all year
round.
The community of Grand Forks, in my riding, was the first to bring
forward politically to the UBCM a resolution to stay on daylight savings
time all year round, and two years in a row, it was supported by the
UBCM membership. In Kamloops, local citizens Bob Dieno and Tara Holmes
started an on-line petition a few years ago to stop the time changing.
Their survey results were similar to the B.C. government survey this
past summer, with over 90 percent supporting stopping the practice, and
75 percent of those wanting to stay on daylight savings time. They had
over 25,000 who responded to their local initiative.
Now we have the results of the government’s own survey that
confirms that the people of British Columbia want to keep daylight
savings time all year long, with or without, in some cases, the rest of
the west coast moving in that direction. I understand the common sense
that would suggest the entire Pacific Time zone all move in unison, but
I have no doubt that if British Columbia moves into daylight savings
time in the spring and no longer falls back, the other jurisdictions
will either move quickly to follow suit or adjust
accordingly.
We all experience different time zones when we travel for pleasure
or business, and we adapt. Twice a year, we have been disrupting our
lives with this time switch without tangible benefits for anybody. While
those who work a standard day shift or something similar manage to catch
up on a missing hour, think about those who work on a 24-hour clock and
how all their lives are affected.
In closing, I will again suggest that British Columbia make the
coming spring forward the last time change, even if other jurisdictions
are not following immediately. I do not believe that commerce and travel
will grind to a halt between B.C. and those south of the border if we
are not unified. Technology will continue to manage our lives, as it
does now when we switch the time twice a year. After all, Saskatchewan
ended the practice of time changing in 1966, and they’re still part of
Canada. Planes still
schedule flights to the province, and football
games still happen on time.
I want to thank the Premier for following through with the
provincial survey, and the Attorney General and the staff who have put
this bill together. I look forward to Bill 40 moving to committee
stage.
[2:30 p.m.]
A. Weaver: I rise to take my place in the second reading debate on Bill 40,
Interpretation Amendment Act, 2019. This bill proposes to enable
government to permanently set the province of British Columbia on
daylight savings time, but without prejudicing some of the existing law
within local government and acts which enable certain jurisdictions to
change between mountain time and standard time.
[J. Isaacs in the chair.]
I’m rising to speak in opposition to this bill for a number of
reasons. First and foremost, I would argue that the process which led to
the public feedback into this is fundamentally flawed. Two, I don’t
think the evidence has actually been explored thoroughly as to why we
would shift to daylight, as opposed to standard, time. Let me first say
that in politics, it’s often very useful to actually remember what we’ve
done in the past. Too often, societies repeat the same issues that we’ve
done time and time again.
We only need go back to the Second World War, when the United
States went to daylight time during the extension of the war, to
conserve energy, and then went back immediately following the war. We
also know that in the U.S., when the OPEC crisis was on, it was decreed
that they would stay on daylight saving time during the OPEC crisis.
However, 11 months into what was going to be, I believe, a 16-month
period, they switched back to standard time, because of the complaints
and issues that I’ll raise in a second.
More importantly, in 1968, Great Britain went down the path for
three full years of actually only having daylight saving time. Then they
switched back in 1971 for the reason that I’ll articulate in a few
moments — they were seeing, sure, a decrease in the amount of accidents
at night, but an increase in the amount of accidents in the day — for
safety issues, and people complaining about the fact that they no longer
were waking up and seeing any sun.
Right now in the province of British Columbia, we actually have
three time zones. We have where we stand here today. We’re standing,
presently, on Pacific Standard Time, which is basically coordinated
universal time minus eight hours. That’s on the day we’ll be debating
the bill. When the bill was introduced, we were on Pacific Daylight
Time, which is coordinated universal time minus seven hours.
Fort St. John and the area around there — Dawson Creek, etc. —
stay on Mountain Standard Time throughout the year. So there’s always a
time difference between Fort St. John and Vancouver in the winter
months, but not so much in the summer months, when they are on Mountain
Standard Time and we’re on daylight saving time.
To throw a wrench into it, Cranbrook and the areas around there
have mountain time, but they still continually switch between mountain
daylight time and Mountain Standard Time. The reason why I raise that is
that right off the bat, evidence suggests that any argument that we need
to be consistent within neighbouring jurisdictions clearly doesn’t hold
up to scrutiny, in that we’re not even consistent in our own
jurisdiction.
More importantly, when we look right now, what would happen on
December 21 of this year…. Let us suppose we were not…. Well, if we’re
on standard time, as we are now, on December 21 — that’s the shortest
day of the year — in Victoria, sunrise would be at 8:02 in the morning.
If we were on daylight saving time, sunrise would be at 9:02 in the
morning. If we’re in Prince George, Pacific Standard Time, sunrise on
December 21 of this year would be at 8:27. If we were on Pacific
Daylight Time — or Pacific Time, as referred to in this bill — sunrise
on December 21 would be at 9:27 in the morning.
Now, this is precisely the reason why these failed experiments,
which occurred in the U.K. and in the U.S., to stay on daylight saving
time were reversed. People would wake up, particularly in places like
Prince George or Victoria, their kids would go to school, and it would
be pitch black, not even simple twilight. There would be accidents, and
there would be children getting hurt, and complaints. One of the reasons
why we know that there will be complaints is because the reason why we
set standard time is to ensure that the solar clock actually matches
with our internal clock. There’s a reason why we use standard
time.
[2:35 p.m.]
For example, coming back to my illustration on December 21. On
December 21 of this year, noon in Victoria will occur at 12:11,
coinciding with the maximum solar altitude. There’s a reason for that.
It’s because our bodies have adjusted over millennia to understand that
in the morning, we wake up in the sun; at noon is when the high sun is
there; and at evening, our sleep cycles take us to sleep. If we stayed
on daylight time, it would be the high sun at 13:12, an hour later,
which is inconsistent with our own internal body clocks.
Deputy Speaker: Thank you. Member, may I pause for a moment?
M. Stilwell: May I seek leave to make an introduction?
Leave granted.
Introductions by Members
M. Stilwell: Joining us in the House today is an award-winning Canadian comedian
and performer. He doesn’t have as many awards as I have, so hopefully he can
step up his game the next time he comes here to visit. He is the host of
CBC’s The Debaters , which has his participants debating top
Canadian topics such as are forks better than spoons, or was Darth Vader a
bad father?
I often draw inspiration from Steve’s shows as we debate here in the
House, just as he will be gathering some information here today to formulate
some of his future stand-up performances. I believe he actually keeps me
around as his friend because our political conversations give him a wealth
of material to draw from.
For the record, forks are better than spoons. I think all British
Columbians need to know that.
Would the House please make my friend Steve Patterson feel very
welcome.
Debate Continued
A. Weaver: Well, I am very pleased to know that we have The Debaters
coordinator there. I’m looking so very forward to this upcoming
Saturday’s debate, where we actually have: “Be it resolved that this
House approve going to daylight savings time or staying on standard
time.” I think there could be some very good comedy framed around that,
in which I’m sure members in this House would be delighted to
participate.
More importantly, the fundamental reason why this process has been
flawed is that you don’t ask British Columbians in the height of summer,
when they’re sitting on their patios sipping their pina coladas and
their margaritas, saying, “Oh, isn’t it glorious to have this evening
sunshine,” when they’re not actually thinking at the same time, “What
about that loss of morning sunshine?” because it’s sunny all the time….
You don’t ask them: “Do you want to stay on daylight savings or
not?”
In essence, that was the question. There was no option there for
staying on standard time, the option that I suspect we’ll see the
European Union go, the option that actually makes sense from our
internal clocks and actually the option that makes sense in terms of the
solar altitude being overhead at noon in as many jurisdictions as
possible.
It is no surprise that government had so many people signing up,
because they were given one option in the summer, when they’re enjoying
their late evenings. Who wouldn’t want to have lots of late evenings?
The information was not provided to the people of British Columbia about
many of the negative aspects of doing it — the effects on our internal
clocks; the published research on seasonal affective disorder; the fact
that we know, historically, there have been safety issues with children
going to school; the fact that historically, this failed experiment has
been done in the U.K. for three years and twice in America already. Each
time, because of complaints, it’s reverted back to the
process.
Now, I’m not arguing that we should continue with the switch from
daylight savings to Pacific Standard, because that, too, is an
artificial construct. What I’m arguing is that if we’re going to move
forward with this…. We don’t need this legislation to do that because
already, government has the ability, through regulation, to switch us
permanently to standard time if they wish to do so. This legislation
only allows us to potentially give government a decision as to whether
they want to move permanently on daylight time.
[2:40 p.m.]
Given that I would argue, fundamentally, that year-round daylight
time is simply the wrong approach; and given that the existing
legislation already allows government to move, through regulation, on
permanent, year-round standard time, which I would have no problem
speaking in favour of; and given that it’s clear that people in British
Columbia don’t like the switches; it seems to me that this legislation
is entirely unnecessary, and if enacted, only gives government options
of doing something that we know, historically, we’re just going to turn
around.
I look forward to three years from now, if this bill passes and we
follow it on this path, to pointing to Hansard and saying:
“Look, I told you so.” Everyone is complaining now because Johnny and
Jill going to school at eight in the morning are going through in
pitch-black, walking around, and their first accidents are happening.
The public outcry is going to be there. We’re going to either revert
back to standard time, or we’re going to revert back to a
switch.
Standard time would be my preference. I think standard time would
be the preference if people were given the information on which to make
an informed decision, other than just giving them one option in the
midst of summer when we all enjoy our summer evenings.
For that reason, I’ll be voting in opposition to this bill. Thank
you for your attention.
T. Shypitka: It brings me great pleasure to stand in line here and debate Bill 40,
the
Interpretation Amendment Act, 2019. It’s great to have this debate on
what seems like such a simple bill — one page — yet there are a lot of
complexities to it.
I applaud the government for trying to come up with a solution to
standardize a time and coordinate in a concerted effort with the United
States and some of those Pacific Time zone areas in the northwest of the
U.S. to coordinate and concert an effort to bring a standardized time
without moving our clocks twice a year.
It is a bit of a discomfort to some. I know my family. Your kids get
up for school in the morning, and you get that extra hour of sleep, or
sometimes you get an hour less. I know even my dog has a hard time with the
moving of the clocks. In the fall, he’s looking for his meal at seven
o’clock. He’s going to have to wait another hour, and he’s drooling all over
the floor.
It is a bit of a complex issue. I want to speak to that complexity a
little bit because we have a bit of a disconnect in this province. As the
member of the Green Party, the leader of the Green Party stated, we actually
have three time zones in B.C. I’m glad he did his homework on that. I don’t
think a lot of people understand that.
Yes, we have a Pacific daylight savings time zone that switches twice
a year. We have a Mountain Standard Time, which stays flat for the whole
year. Then we have Mountain daylight savings time.
The leader of the Green Party forgot to mention that Creston was
actually on Mountain Standard Time as well as the Peace. So there are lots
of bits and pieces throughout the province, and I don’t think general
populations throughout the province understand it.
For an example, I can travel 40 minutes and drive through three time
zones in the province of British Columbia. A lot of people scratch their
heads, and they don’t understand that. I think that’s what happened here. I
think my problem with….
The bill, in general, is a fine one, and, like I said, it’s a simple
and a short one. But it’s how we came upon this, where we are today. The
member, the leader of the Green Party, stated that it was flawed.
Well, I’ve got a bit of a beef with the bill as well. It’s just more
or less housekeeping on it, how it was surveyed and how it was done. The
province and the Attorney General has said himself it provides clarity to
British Columbia. Well, maybe for those in the Pacific Time zone region. But
for those of us that live in Mountain daylight savings time, not so
much.
A survey went out. People took
part in a survey on how they wanted to
address the time zone. Of course, the whole province was included, and
that’s great. Unfortunately, when the results come back, the survey that
they participated in doesn’t reflect how they are going to be addressing
time zone changes.
People in my riding, as well as the Columbia River–Revelstoke riding,
the two ridings up in the Peace and the half a riding, actually, in the
Nelson-Creston area — so there are actually 4½ ridings in B.C. that are
affected by this — are a little perturbed that they seem to be excluded.
This is kind of part and parcel of a lot of things that happen in B.C. We’re
stuck in a…. Not stuck; we’re strategically and beautifully located in the
southeast corner of the province.
[2:45 p.m.]
Sometimes, our connection to Alberta is a lot stronger than the
connection we have with the rest of British Columbia just because of
commerce, our access to health care, wildlife, land access issues. We do a
lot of trade with Alberta in numerous ways.
I wanted to take the House down a little bit of a historical road here
to tell you how we came up and why we are where we are right now. There was
a referendum in 1972. It was held in British Columbia on August 30, and it
was simultaneous with the general election of that year. The actual
referendum only took place in four electoral districts and part of a fifth,
like I stated — two in the Peace, two in the Kootenays and a half in the
West Kootenays. The purpose of the vote was to determine which areas
favoured following Mountain Time rather than Pacific Time and whether to
follow daylight savings time or not. All areas chose to follow Mountain
Time.
The referendum was the result of events in Alberta, where, in 1971,
Alberta voted to enact daylight savings time. Areas in the Peace River and
the southeast were economically tied to Alberta, as I stated, and hence were
also on Mountain Time. The question in the referendum was: “Are you in
favour of Pacific Standard Time, including Pacific daylight saving time, as
it is applicable now throughout the province?”
Only four ridings and part of the fifth, as I mentioned, took
part in
the referendum. The two ridings in the northeastern part of the province
were North Peace River and South Peace River. The two ridings in the
southeastern part were, as I mentioned, Columbia River–Revelstoke and
Kootenay. Residents of Nelson-Creston east of an imaginary line running
through Kootenay Lake and the Kootenay River that bisected that riding also
took part.
The results of the referendum are fairly substantial, as I’m looking
down the line here. For the record, Columbia River voted 62.56 percent.
Kootenay East voted 62.11 percent. Nelson-Creston was a little bit more
50-50. They were 50.61 percent. North Peace was 68.77 percent, and South
Peace was 68.87 percent. Many people took
part in the poll. I believe there
were about 33,000 that took part, so it was a pretty wide spectrum of people
that took
part in it.
The result of the referendum was Mountain Time being used instead of
Pacific Time in places that rejected Pacific Time, which had been
provincewide at the time. Hence, the boundary between time zones in British
Columbia ended up being different from the provincial boundaries.
The northeast is on Mountain Standard Time, as the leader said,
year-round, without daylight savings time. In practice, this means that time
there is identical with Alberta in the winter and the rest of B.C. in the
summer. The southeast is similar, with most of the applicable areas on
Mountain Time and following daylight savings time. The Creston area is
exceptional, ignoring daylight savings time. This puts that town in a
situation similar to the northeast.
Since the time referendum, the issue has flared up in Creston
politics at least twice. At least two referendums have been held, neither of
which succeeded in changing the status quo. In 2014, residents of Fort
Nelson voted in favour of switching from Pacific Time with daylight savings
time to year-round Mountain Standard Time.
Does everybody understand that? It’s not as clear as a lot of people
would think. I think that the real issue for me right now is to bring some
clarity to the House. I like the fact that the leader of the Green Party did
some homework on it. As I mentioned, you forgot Creston on the Mountain
Standard Time.
Interjection.
T. Shypitka: Well, no, Creston is the same as the Peace. I can drive through three
time zones in literally 40 minutes where I’m at. It’s really complex. I
really wanted to bring that forward.
I wanted to say that going forward, we have these surveys. We really
need to think before we act. We need to ask all of British Columbia where
they stand on issues and consider the fact that there are three time zones
in British Columbia.
I don’t know how many times I have people flying in and out of
Cranbrook going: “You’re on Alberta time?” Sure, I guess that’s a definition
of sorts. But no, we’re British Columbians.
There are three different time zones in B.C. I really wanted to make
sure the House was aware of this. It may seem trivial to a lot of folks here
but really is not so trivial where I live, because we feel disconnected a
lot of the time because of this issue.
[2:50 p.m.]
With that, I’d like to support the efforts that the government has
done. But I will be taking this back to my regional areas.
As the leader of the Green Party stated, municipalities do have that
authority to change their time zone, as they see fit, within the boundaries
of that region. I will see what my region says, and I’ll be coordinating
with the north and see if there’s a buy-in to do something concerted that
way. But first and foremost, the residents of Kootenay East will be well
represented in bringing forward some kind of a consistent language on the
time zone.
With that, I’ll take my place.
R. Kahlon: It’s my pleasure to stand and speak on behalf of this bill that’s in
front of the House.
I want to thank the member for Boundary-Similkameen for her
consistency and persistence in advocating for this.
It’s amazing to think that about 240,000 people participated in the
consultation to have this bill come forward. It just blows your mind at how
many people are fired up and engaged on this topic.
I remember when the member across the way first raised this. There was
an
article in my local paper. My first phone call was from my partner, who
said: “You need to support this.” Then the second call was from my
brother-in-law, who said: “This needs to happen.” I felt right away the
pressure at home. It shows you how much it affects people in their day to
day.
I really appreciate the efforts made to consult the general public to
ensure that we heard from British Columbians on what they felt was an
important matter. Obviously, we try to address many important issues that
happen in the province and that people are facing day to day. Sometimes you
forget that these issues that might seem small to some are actually a very
big deal to many.
I appreciate the leader of the Green Party for sharing his concerns.
You know, I did hear from a few groups who were concerned. They didn’t want
us to go about changing this without being aligned with other
jurisdictions.
My understanding is the Premier has had conversations with the leaders
from Oregon state, from Washington state and from California. There is an
interest in those jurisdictions to move this conversation along. It takes a
little bit more time for those jurisdictions to move as opposed to, say,
here in B.C. It is my great hope that we see those jurisdictions move with
us so that we can see alignment when it comes to the film industry and many
other pieces that we collectively want to advance.
It’s my pleasure to take that moment to stand to support Bill 40 and
the
Interpretation Act. I think we’ll close debate and let the Attorney
General take it from here.
Deputy Speaker: Seeing no further speakers, the minister shall close
debate.
Hon. D. Eby: I did want to note that I was remiss in my opening remarks to
recognize the work of the member for Boundary-Similkameen on this bill, a
commitment of hers for many years. The Premier has a great interest in this
as well.
I want to thank all members for their comments on the bill.
With that, I move second reading.
[2:55 p.m.]
[Mr. Speaker in the chair.]
Hon. M. Farnworth: I ask leave to make an introduction.
Leave granted.
Introductions by Members
Hon. M. Farnworth: I see they are leaving the gallery, but there are currently 86
students from Cedar Drive Elementary School in my riding. Cedar Drive is one
of the best elementary schools in the entire province. They’re here with
their teacher, Nadine Darts. I would hope the House will make them all
really welcome.
[3:00 p.m.]
Debate Continued
Second reading of Bill 40 approved on the following
division:
YEAS — 80
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Chow
Kang
Simons
D’Eith
Sims
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Malcolmson
Glumac
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Reid
Morris
Stilwell
Ross
Oakes
Johal
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Isaacs
Letnick
Thomson
Larson
Foster
NAYS — 3
Furstenau
Weaver
Olsen
Hon. D. Eby: I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting after today.
Bill 40,
Interpretation Amendment Act, 2019, read a second time and
referred to a Committee of the Whole House for consideration at the next
sitting of the House after today.
Hon. M. Farnworth: I call second reading of Bill 43, Election Amendment
Act.
[J. Isaacs in the chair.]
BILL 43 — ELECTION
AMENDMENT ACT,
Hon. D. Eby: I move the bill be now read a second time.
This legislation acts on the Chief Electoral Officer’s
recommendations for changes to the Election Act and provides the most
significant update to voting administration in more than two
decades.
British Columbia has changed a lot since the act was last repealed
and replaced in 1995. Our population has increased by about 1.2 million
people. Technology has become more affordable and widely available.
Voters are increasingly looking for voting options that provide
flexibility and choice.
In 1996, just under 6 percent of votes were cast at advance
voting. In 2017, 30 percent of voters found it more convenient to vote
on one of the six advance voting days. Between 1996 and 2017, the number
of ballots cast by voters outside of their assigned voting place or
using a mail ballot or voting in a district electoral office increased
by 225 percent.
Voters in B.C. have the benefit of more days of advance voting
than any other province. Also unique to B.C., voting away from your
assigned voting place is allowed at any voting opportunity, including on
election day.
The Chief Electoral Officer’s report from May 2018, with
recommendations for legislative change, is persuasive in making the case
for voting modernization. I will not go into detail and repeat the
evidence that was provided in the report, but it is worth highlighting
that the Chief Electoral Officer states that the procedures for advance
and absentee voting were not designed to handle the volume of voters
using those voting options today.
[3:05 p.m.]
The modernized voting administration model enabled by this bill
enhances the existing voter-centric approach to elections
administration, recognizing that this bill will better facilitate the
many different voting options British Columbians currently
enjoy.
The bill also changes the terminology for referring to the last
day of voting during a campaign period. General voting day may once have
been the day that nearly everyone voted, but that is increasingly not
the case. The bill would change the term “general voting day” to “final
voting day” to practically and symbolically emphasize voting
This bill makes changes to allow Elections B.C. to better serve
voters during the entire voting period and to efficiently handle the
various other voting options. Ultimately, British Columbians can choose
from any one of seven days of voting or choose from a menu of other
options to meet their needs. As an example, this bill removes
restrictions on who may vote by mail or vote in a district electoral
office.
A critically important element of voting modernization is
permitting the use of electronic voting books, ballot printers and
vote-counting equipment. It is important to be clear that this bill
would not permit Internet voting. It would also not permit the use of
electronic voting machines to cast ballots. The bill preserves the
requirement that voters mark a paper ballot, which continues to be an
important measure for transparency and voter confidence.
Instead, the technology allowed by this bill is limited to types
that have been used successfully in other Canadian provincial and local
elections and here in British Columbia for referenda and plebiscites.
What will be different for voters is that once fully implemented by
Elections B.C., the vast majority of voters will see the following
changes of voting opportunities where technology is used.
Voters would line up and be served by the first available election
official, instead of going to an assigned table.
Election officials would search voter registration information
electronically and, for those that need to register, use a computer to
create a voter registration record. Election officials would use the
electronic voting book to record that voters had been given a ballot,
which makes it possible to update the record of voter participation in
real time.
Voters would be given a ballot and be given directions on how to
fill the circle next to their preferred candidate’s name. Voters
attending a voting place other than their assigned voting place would be
given a custom-printed ballot with the candidate names for the correct
electoral district, instead of a write-in ballot.
After marking the ballot, the voter would put it in a secrecy
sleeve and insert the ballot into a vote-counting machine set up on top
of a ballot box. In the event that the ballot marking cannot be read by
the machine, the election official would notify the voter so the voter
can mark a new ballot if the voter wishes to.
Overall, the process will still feel very familiar to voters, but
these changes would greatly improve efficiency while maintaining
integrity and voter service. Perhaps the biggest change for voters is
that the process will be the same regardless of where they vote — at
their assigned voting place, at another voting place within their
electoral district or, indeed, in another electoral district altogether.
The technology will enable a custom-printed ballot and real-time
strike-off in the voting book, so the process for the voter is
simplified, regardless where they vote.
Another benefit of the modernization changes is that the vast
majority of ballots can be counted at the close of voting. This is
because far fewer people will need to vote by the current absentee
ballot procedure, which requires counting at the final count some days
after the polls close.
I should also note that some areas of the province will continue
to vote using the current paper-based process. These will include areas
that are geographically remote, where Internet connectivity is not
reliable and some site-based mobile polls. Overall, Elections B.C.
estimates that around 90 percent of voters in the province will
eventually vote using the updated process.
In acting on the Chief Electoral Officer’s voting modernization
recommendation, this bill will give Elections B.C. the tools they need
to serve voters better and build on our province’s strong tradition of
making voting convenient and accessible for British
Columbians.
I’m pleased to announce that the bill acts on another priority
recommendation of the Chief Electoral Officer — the creation of a list
of future voters. The legislation for federal elections adopted last
year establishes a provisional registration concept similar to what is
proposed in this bill. Many other provinces have also adopted similar
measures to improve voter registration rates for young
adults.
In contributing to this national trend towards supporting youth
participation, this bill would allow youth aged 16 and 17 to apply to be
added to the list of future voters. Just like with the actual voter
list, B.C. residents who are already on the federal register of future
electors can be automatically added to B.C.’s list of future voters.
Most importantly, the amendments would result in youth aged 16 and 17 on
the list of future voters being transferred to the voters list so
they’re ready to vote at age 18.
[3:10 p.m.]
In a time of declining voter participation rates, it is critically
important to support youth engagement in our formal democratic process.
Being registered is the first step towards voting and, I hope, towards a
lifelong habit of voting.
The bill would also address the Chief Electoral Officer’s two
other priority recommendations. An up-to-date, accurate voters list
helps serve voters more efficiently. The bill would improve the Chief
Electoral Officer’s ability to maintain the voters list by obtaining
addresses and related information from a provincial identity information
services provider.
The Chief Electoral Officer has had the ability to obtain
information from drivers’ licenses to update voter registration
information for two decades. But this single source of information is
not enough to maintain a fully accurate list, particularly in regard to
current addresses of voters. As an example, currency of non-drivers’
information on the voters list is lower than that of drivers.
As well, the Chief Electoral Officer noted that B.C. has one of
the shortest campaign periods of any Canadian jurisdiction, which is a
challenge when faced with an unscheduled or snap general election. As
requested by the Chief Electoral Officer, the bill would extend the
campaign period for snap elections by between 4 to 10 days as needed to
maintain Saturday as the final voting day in the voting period.
Elections B.C. needs to secure district electoral offices and voting
places, hire and train staff, print ballots, and provide information and
support to the public and to election participants alike.
It is also of interest to political parties and prospective
candidates to have a bit more time to make sure that they get their
nomination papers to Elections B.C. on time so that they are ready to
run. These details are crucial for a well-run election. Again, this
change would apply only to snap general elections, not the regularly
scheduled elections that everyone can prepare for well in advance. Those
campaign periods will remain 28 days long.
The bill also acts on a large number of other Chief Electoral
Officer recommendations, ranging from minor administrative and
housekeeping amendments to more noteworthy policy changes. For example,
nomination contestants would be required to file a financing report,
similar to what a leadership contestant or a candidate files. This will
help to ensure compliance with political contribution limits, which
apply to nomination contestants as well as to political parties and
candidates.
Deposits paid by candidates, as part of their nomination packages
filed with Elections B.C., would be returned when candidates filed their
election financing report, instead of being dependent on obtaining a
certain percentage of the vote in their districts.
The Chief Electoral Officer would be given the authority to issue
a notice to an advertiser, either on on-line platforms such as Facebook
or Google or traditional media, to produce information and records in
order to support the Chief Electoral Officer’s role in upholding the
election advertising rules. The Chief Electoral Officer would also have
the authority to apply to the court for a notice to produce information
and records in support of an examination of a potential contravention of
the act.
My remarks on the content of this bill have been necessarily at a
general level, given the volume of amendments in this bill. I look
forward to canvassing the bill’s provisions more specifically during
committee stage. I’m pleased to provide this legislation for members’
consideration, and I hope they will join me in supporting this
initiative to act on the Chief Electoral Officer’s recommended changes
to the Election Act.
J. Yap: I’m honoured to take my place in the second-reading debate on Bill
43, the Election Amendment Act, 2019. It is timely, just over a week
after Remembrance Day, that we undertake this review and look at
amending the Election Act. Because these processes are so critical to
ensuring that we have the democratic system that British Columbians
enjoy, we need to ensure that these are the best possible systems to
give British Columbians confidence in their election system. I’m pleased
to be able to take
part in today’s debate.
This bill, as mentioned by the Attorney General, reflects the
findings and recommendations of the Chief Electoral Officer’s 2018
report. That was in May of 2018, when Dr. Keith Archer, B.C.’s Chief
Electoral Officer at the time, published this report, with
recommendations for this House to consider in looking at amending and
improving B.C.’s election legislation.
[3:15 p.m.]
All of us want the secure, reliable and, obviously, fair elections
that are paramount to our democratic system. We need a system that will
provide that, to not only maintain but strengthen our democracy. As
mentioned by the Attorney General, there are four priority
recommendations that were in the report and that are now going to be
brought into the legislation. I’ll just briefly touch on
them.
The first was the priority to facilitate more participation in the
electoral process, to get more people to vote. It almost seems that with
every election, whether it’s a local government election or the recent
federal election, there is a level of anxiety in communities, in
society, about: will people come out to vote in numbers that should
reflect the fact that we all have the privilege of living in a democracy
and should, as part of our duty as citizens, exercise our right to vote?
Always, in every election, at whatever level of government, it seems to
be a topical issue.
We have seen fluctuation over time in the voter participation
rate. Certainly, in the demographic of younger voters, it has been an
issue of concern for most observers that it would be a good thing for
our province, for society, if more people, and especially younger
people, decided to engage and exercise their right to vote. This bill
will seek to support that by allowing early registration of youth who
are 16 and 17 years of age, to encourage those new voters to become
engaged and, when they turn 18, to exercise their right to
vote.
The other priority that is going to be reflected in this
legislation is the need to provide Elections B.C. with the tools to
continuously and accurately update the voters list. As we heard from the
Attorney General, Elections B.C. does have the ability to do that
currently, through databases, including ICBC. But it’s important that if
there are other avenues for providing the information to keep the voters
list updated, that would be an appropriate thing. This bill will seek to
provide Elections B.C. with the ability to do just that.
We also will see the recognition that as technology advances — we
all face this in communities around the province, the continuous march
of technological change — there’s no reason that our democratic process
should not look at the impact of technology that can help our democratic
system work in a more efficient and effective way.
The minister mentioned that at this time we will not be
considering Internet voting or electronic voting, that it will still be
paper-based. I think it goes without saying that, sure, we want
technological advancement and the best possible technology, but we also
need to ensure that our voting system can be relied upon, can be trusted
and that British Columbians can have confidence in it. As we have heard
anecdotally, in other jurisdictions where there is electronic voting,
where there’s no paper ballot, there have been issues. I think it’s
appropriate that we step carefully into the world of non-paper-based
voting systems.
[3:20 p.m.]
The technology that is being contemplated is really to be able to
generate ballots that look like regular ballots, pre-printed ballots
that voters would be able to use and be able to go to any voting area in
the province. The voter would feel like they are voting as they would
have in the old system at their home voting area or poll. That is one of
the proposals: to use technology.
We can talk about this system. There’s so much that goes into
ensuring that the system works. The minister mentioned about how…. We
would electronically transmit the ballot to create a ballot where the
voter is seeking to vote, and it would feel like they were in his or her
home riding casting the vote. But not every part of the province will
have high-speed Internet and be able to transmit the image so that the
ballot can be printed. So there will be additional systems that would
have to be part of this, including telephone technology to facilitate
this. Overall, this should lead, when it’s fully up and running, to a
more efficient and effective system that voters can embrace and have
confidence in.
The fourth major priority is to look at adding additional days to
the election period, to add them to the writ period, so that we would be
able, should it ever be necessary, to handle a non-scheduled election or
a snap election. That is simply to recognize that with a general
election, there is a huge amount of logistics that has to happen in a
very compressed period of time. The Elections B.C. folks will have to
get organized, to rent space around the province, to hire people, to
train them, to print ballots and to get organized in a very compressed
period of time. I think it is reasonable to expect that if we want to
have an election system that runs in an efficient way, in an effective
way, in a cost-effective way to taxpayers, it probably makes sense to
consider adding to the election period.
From our initial review, the bill does not depart from the report
of Dr. Archer. It is basically a reflection of the recommendations, not
just of the major priorities — those four priorities that I referred to
— but in the other areas that were referred to and that the minister had
touched on. I’m pleased to see that the hard work of the Chief Electoral
Officer has been honoured and that the government has responded with
bringing forward this bill. Our democratic processes need to be
continually improved to meet new challenges, such as what we had
mentioned earlier — voter engagement — and to benefit from new
opportunities, including the advance of technology.
I mentioned that the Chief Electoral Officer will, with this bill,
have enhanced access to voter data to ensure that the voters list can be
as accurate as possible and as up-to-date as possible. The Chief
Electoral Officer will be able to list future voters by pre-registering
16- to 17-year-olds. This is something that is already happening in
other jurisdictions. As mentioned, with the federal voters list, that is
already the case.
This will be of great interest to those members and future
candidates who are in areas with higher-density residential areas. It
will put into the act the requirement that those voters living in strata
title properties would have to give reasonable access to candidates and
their representatives who might want to access strata properties to be
able to canvass and spread communications and look for
support.
[3:25 p.m.]
I’m sure that all members who live in, perhaps, more urban areas,
where there are a lot of strata properties, will find this to be a good
change that is being considered.
The amendments to the act will also bring nomination contests into
the financial reporting that’s required of successful candidates and of
leadership candidates. So where there is a nominations contest at an
electoral district, the unsuccessful candidates will need to provide
financial reporting, which will be a new requirement.
There also will be changes with this act to require third-party
advertising reporting. Third parties that spend $500 or more in
advertising — that is, political messaging — will be required, in this
act, to provide a report so that their involvement is
disclosed.
Now, just a few more comments. I mentioned earlier about the
technology that will be used. Well, some of the technology, actually, is
familiar to many British Columbians who vote in municipal elections,
local government elections. A machine, which is the scanner, will read
the ballot that had been filled in by the voter. That is not really
brand-new technology. It’s existing technology. But with the provincial
election, the amendment act will allow counting machines to read the
ballots. Obviously, that would lead to a more efficient, faster count,
and results would be known a lot quicker and in a way that will save
taxpayers in terms of the time cost and the salary cost, which the
current manual system requires.
In the report, Elections B.C. had done a cost-benefit analysis,
which, I was intrigued to see, shows a projected savings to the province
if we go, with this amendment act, to this new world of using technology
and the changes proposed. We’ll certainly be looking forward to those
savings hopefully being achieved in due course.
One of the aspects of this act will be the transfer of a lot of
the responsibility and decision-making power away from regulations and
into the hands of the Chief Electoral Officer. We’ll look forward to the
opportunity to discuss this, to canvass this in committee stage debate
as we go through the bill. But generally, on behalf of this side of the
House, we’re pleased to see the government take the report of the Chief
Electoral Officer and that the government has come forward with Bill 43.
We look forward to further canvassing, in detail, this bill at committee
stage.
With that, I’ll take my place.
S. Furstenau: I am pleased to rise today to speak in support of Bill 43, the
Election Amendment Act. I think that this is a step that…. We’re seeing
our province moving into the 21st century in a lot of ways with
electronic tabulators, which have been operating at the local level for
a long time. The province has been a bit slow to the uptake on that. So
it’s great to see the modernization of these rules that will help reduce
barriers to voting.
It’s interesting. My first election was actually at the local
level. Electronic tabulators were used for that election but not for the
election at the MLA level.
[3:30 p.m.]
I’m also happy to see the commonsense changes introduced, such as
extending campaign periods during snap elections; updating voters lists
with the same data that the Ministry of Citizens’ Services uses; and
also some language changes which are welcome additions to this bill,
that make elections more self-explanatory and commonsense, in terms of
the language.
What I’d like to focus on is the aspect of this bill that moves to
see registration of voters at 16 years old. We are, as a caucus, very
supportive of this. Of course, it’s well known that we’re also very
supportive of the next step, which would be to extend the vote to
16-year-olds in British Columbia.
[R. Chouhan in the chair.]
I just want to speak a little bit about a student in my riding. He
was a grade 8 student in 2018 at Quamichan. At 14 years old, Simon
Minkow collected 400 signatures asking the government to lower the
voting age in B.C. to 16. Simon did a great job of pointing out that
other jurisdictions have already done this, including Brazil in 1988,
Austria in 2010, Argentina in 2012 and, most recently, Scotland in
As the most recent example, Scotland is interesting for us to look
at, because before the voting age was lowered to 16 in Scotland, only
about a third of the citizens of Scotland approved of the notion of
allowing 16- and 17-year-olds to vote in the election. However, after
the first election in which 16- and 17-year-olds were able to vote, the
support in Scotland amongst the general population to maintain the vote
for 16-year-olds rose to 60 percent. That was a doubling of the support
in Scotland after one election where 16- and 17-year-olds were able to
vote.
This reinforces what we know from research about youth voting,
which is that the younger you are when you vote in your first election,
the more likely you are to be a participant in future elections. Young
voters turn into lifetime voters. Having the opportunity to ensure that
while students are still in high school, there is the opportunity not
just for registration — and I applaud the government for moving to this
step — but the opportunity for students to learn about what it means to
vote in their first election….
I’m a high school teacher, and most of my students couldn’t vote.
Some of them would have turned 18 just in time for elections, so they
did vote. But as a teacher, I took this responsibility very seriously. I
would invite all of the candidates into my classroom so that my students
could meet those candidates, could get information about the party
platforms, could learn about what was happening in their ridings and
what the issues were that were being debated in the election. Then they
would do research, and they would come to their own decisions about how
they would vote if they could — or, in the case of some of the
18-year-olds, they would go out and vote on election day.
That engagement at that very early age means that we’ve just
established a lifelong habit that when election time comes, you become
an engaged citizen. You participate in your democracy, and a democracy
only matters if there’s participation in it. Anything that we can do to
increase engagement, to increase participation in democracy and
particularly to engage youth in our democracy, I think, is absolutely
essential in our role here as legislators.
I also want to point out…. If you look at the movements in the
last few years, there are two in particular that I’d like to point to.
One is after the Parkland shootings in the United States. The youth from
that school mobilized literally millions of people in the United States
to rise up and demand that there be better legislation on gun control in
the United States. They were able to bring that issue to the forefront
and to lay it out starkly and clearly for the important issue that it
is, unlike any other group or any other demographic in the United
States.
Then we have the youth climate strikers. Inspired just over a year
ago by one teenage girl, this has turned into a movement of millions of
youth around the world who are calling on all of the decision-makers,
including us, around the world to make decisions that put them and their
well-being at the centre of our decision-making.
[3:35 p.m.]
They have mobilized a movement on climate action unsurpassed by
any other time in history. These have been youth under the age of 18,
for the most part. They have inspired not only other youth; they’ve
inspired older youth in their 20s and 30s. They’ve inspired all of us.
They’ve inspired their grandparents.
This is an example of what engagement in the world around looks
like in these incredible youth. So the notion that it would be too risky
to allow 16- and 17-year-olds to vote…. I think that myth has been laid
bare very clearly in the last few years. All we have to do is recognize
the extraordinary achievements of 16- and 17-year-olds around the world
in moving political issues to the forefront of an agenda that adults in
their 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s had not managed to put
at the forefront of the agenda where they belonged.
I would say that young people like Simon Minkow are the rule, not
the exception. If we spend time listening and recognizing the incredible
value and perspective that young people have, we would recognize that
extending the vote to 16- and 17-year-olds is a logical step for us to
take. I hope that this is, indeed, a first step that we’re going to see
from the government and that it will culminate in the next and proper
step, which is to extend the vote to 16- and 17-year-olds.
I’m delighted at the changes that we’re seeing. Our caucus is in
support of this bill, and I look forward to the next amendment act on
the elections.
Deputy Speaker: Seeing no further speakers, the Attorney is now to close the
debate.
Hon. D. Eby: Thank you to all members for their comments on this important
legislation for British Columbians and certainly to the House Leader for
the Third Party for her comments about youth participation.
With that, I move second reading.
Motion approved.
Hon. D. Eby: I move that the bill be referred to a Committee of the Whole House
to be considered at the next sitting after today.
Bill 43, Election Amendment Act, 2019, 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. C. James: I will call committee stage for Bill 37, Financial
Institutions Amendment Act.
Deputy Speaker: The House will be in recess for five minutes.
The House recessed from 3:38 p.m. to 3:46 p.m.
Committee of the Whole House
BILL 37 — FINANCIAL INSTITUTIONS
AMENDMENT ACT,
The House in Committee of the Whole (Section
B) on Bill 37;
R. Chouhan in the chair.
The committee met at 3:46 p.m.
section 1.
S. Bond: We’re pleased to be able to take some time with the minister and
her staff to walk through the committee stage of Bill 37, some
amendments to the Financial Institutions Act. I think we had a
constructive discussion during second reading, which I always
appreciate, with the minister.
My co-critic and I intend to walk through a variety of sections.
I’m wondering if the minister — and she’s usually very good about this —
would mind if, at this point, we just asked a couple of general
questions about the consultation process before we get into the
technical nature of the bill. I see her nodding, and we very much
appreciate that.
Can the minister just confirm and outline for us the consultation
process that was undertaken with stakeholders prior to the legislation?
We did talk yesterday a little bit about how it started and has actually
crossed two governments. So we were very pleased to see that work
continue.
So perhaps a little bit of the context and if anything changed
between the 2015 consultation process and what happened as it worked its
way through what is, essentially, phase 2.
[3:50 p.m.]
Hon. C. James: I’ll start off, as I often do, by introducing staff who I have
here with me today: Tara Richards, who’s our assistant deputy minister
in the policy and legislation division; Kari Toovey, director of the
financial and corporate sector policy branch; and Sally Reid who is the
senior policy adviser for the financial and corporate sector policy
branch.
As the member suggested, we had a good discussion at second
reading to talk about, in fact, the importance of work that happens
between governments — work that needs to continue on and consultations
that have occurred. I think this is one of those examples of continued
good government, which was…. The consultation paper, as the member has
said, was released in 2015 — out for consultation, out for feedback.
Then the consultation feedback was released. There was a paper released
on the consultation feedback.
There were more in-person consultations and more discussions on
the feedback that had been received. Then a 2018 paper was released with
recommendations — again, more feedback and more follow-up. Usually that
would have then been released — the consultation document from 2018
would have been released — but the stakeholders were pushing for
legislation. They wanted the legislation to come in. They felt there had
been a good discussion between 2015 on. So the feedback and follow-up
then led to the drafting of the legislation and the legislation to be
introduced.
The member asked: was there any change in the kinds of groups and
organizations? No. In fact, it was about the same kind of people who
were giving feedback and consultation. Obviously, all the sectors
involved in this bill were part of that consultation.
S. Bond: Thanks for that answer. We appreciate it.
The other piece that was, I think, handled slightly differently….
After the first round of consultation, the feedback that was provided
was published. It was made public. I know that after phase 2, it doesn’t
appear that the input that was received was made public. Maybe the
minister could just provide us with her rationale. I think that
certainly the minister has argued, and we would agree, that transparency
is very critical. We’d just be interested in the minister’s thinking
about why that information wasn’t made public.
Secondly, if there were any…. As I noted yesterday in my remarks,
and my colleague’s also…. My co-critic mentioned that credit unions, in
particular, have been very invested in this discussion, from 2014
onward, and have done some excellent work in bringing forward ideas.
Were there any major shifts in what would have been heard in phase 1,
let’s call it, 2014-15, and then the phase that was certainly undertaken
by the new government when they continued the process? Any major shifts
in thinking from either the credit unions or the insurance groups
related to the feedback that they provided?
Hon. C. James: Sorry, I should have made it clearer. That’s the mention I made
about wanting to move to legislation — was the reason that the feedback
was released. Because it was 2018 by the time the consultation paper….
Then we moved into 2019, and we got the legislation in place. We
certainly can release…. I’m happy to share the consultation that
happened. I’m happy to share those documents. But it was a matter of
timing and getting the legislation on board, which is what people were
looking at.
There weren’t any major shifts in the kind of discussion that was
occurring. There was some discussion around deposit insurance that
happened with credit unions around what was happening at the federal
level, what was happening at the provincial level and what was
necessary. But for the most part, it was the same kind of feedback
received.
S. Bond: Before we move on to
section 1 in the
definitions section, which
my colleague will cover, I think it’s fair to say that there certainly
looked to be consistency between what we saw in the 2014-2015
information and the feedback that we received.
[3:55 p.m.]
Would the minister characterize the overarching response from
either insurance groups or from credit unions as generally positive,
with one or two suggestions for adjustments to the bill? Certainly,
that’s our impression of it. Would the minister confirm that that’s how
she and the ministry feel about that?
Hon. C. James: I think that’s a good description. Certainly, there was positive
feedback. People were pleased, for the most part, for the changes that
were being made, and they were, in fact, things that they’ve been asking
for from the beginning.
S. Cadieux: These amendments in
section 1 in the
definitions certainly seem to
streamline the framework for extraprovincial credit unions. But,
as we know, there are no provinces at this point with reciprocal
frameworks.
Has the minister done any work with regard to advancing those
frameworks for extraprovincial reciprocity?
Hon. C. James: I think I’d describe this, perhaps, as an easy, straightforward
way to describe proactive work.
Other provinces haven’t expressed interest. We certainly reached
out, but other provinces haven’t expressed interest. But from our
perspective, putting in the extraprovincial credit union reciprocity
agreement gives us the opportunity, if another province was interested.
There is now a federal framework, so it may make this not necessary.
People may want to utilize the federal framework. But we saw it as
proactive work.
I think B.C., as we talked about in second reading, really has
been a leader when it comes to credit unions. We have a large number of
credit unions so we felt that it was good to get this work done. But at
this point, other provinces haven’t expressed interest.
S. Cadieux: Given the prospect — and certainly, the work seems to be underway
for credit unions expanding — what are the minister’s expectations
regarding the growth and scope of practice of B.C. credit unions
specifically?
Hon. C. James: I think we have the structure in place. Coast Capital, as the
member will know, led the way in some ways as wanting to look at the
federal infrastructure as well.
We have put in place requirements, though there’s a structure
through the regulator, a structure that people have to follow if they’re
looking at the federal area. There are requirements around voting for
members. I think the democratic process within a credit union is very
clear, and it’s often why people are members of credit unions. There is,
again, a very clear structure to be followed around a vote to be able to
look at expansion.
[4:00 p.m.]
We haven’t, at this point, had other credit unions come forward to
express that interest. But because we’ve seen one move ahead, I think it
is possible and it is important for us to be able to have those
regulatory structures in place, so there is a clear process that has to
occur if someone else does express interest.
S. Cadieux: When we see these first movers with the size of the institutions
in British Columbia already, it is likely that we’ll see others move for
competitive reasons, as well, over time. But I appreciate the
answer.
Moving on, in subsection (b), in (
b) the non-equity shares appear
to be phased out from the definition of “depositor” in 2020. Can the
minister explain this process and how it will impact
depositors?
Hon. C. James: Non-equity shares, which have been offered by credit unions, are
really a part of the past in many respects. They were used before life
insurance products became very common on the market. Credit unions don’t
issue them anymore. They’re no longer eligible. They don’t offer them,
but we recognize that there needs to be a period of windup because there
may still be non-equity shares out there, so we want to make sure that
those are covered. Non-equity shares won’t be included after January
Again, they haven’t issued them for years, so it’s not really a
change in that respect, but we will ensure, through this, that the
existing shares are covered. It tends to be older clients of credit
unions who may still have those shares, and we want to make sure that
there’s not a gap there for those individuals.
S. Cadieux: Do we have an estimate on the number of depositors that non-equity
shares would affect at this point in time, and the windup will
affect?
Hon. C. James: We don’t have a specific number, but the credit unions’ feedback
is that it’s very, very small — that’s how they’re describing it —
because they haven’t been issuing them for years. But they still expect
that there are a few out there, and we want to make sure those people
are covered.
S. Cadieux: Per subsection (c), societies will now qualify, I believe, as
insurance companies, but extraprovincial non-share corporations do not.
Can the minister explain the operational difference between the changes
and what delineates the two types of entities?
[4:05 p.m.]
Hon. C. James: This section, or this definition, talks about two different kinds
of societies that provide insurance. I’ll just walk through the history.
I think that’s the easiest piece.
Pre-1991, they were called grandfathered societies, and those are
societies that are exempt from most of the provisions that are in the
act. Those are small societies, like sports associations, and they will
continue to provide insurance. They’ll continue to be exempt. They’re
small organizations, and they would be considered grandfathered
societies.
Then there’s a second type of society called deemed business
authorization societies. Those societies are deemed under the act, and
the provisions in the act apply to them. What this change does is
basically say there’s no requirement for them to be deemed under the
act. They will be called insurance providers, and all provisions will
apply to them. There are some sections that give them the opportunity to
request to be exempt from a part of the act, but otherwise, all
provisions in the act would apply to them.
Sections 1 to 3 inclusive approved.
section 4.
S. Bond: This
section talks about false representation in the use of names
and words.
I’m wondering if the minister can give us a sense of whether or
not she anticipates there are going to be any changes to the way that
the enforcement is done. We’re looking at a broader scope here, and
we’re wondering whether or not there would be additional resources or
whether the enforcement pattern would somehow be changed or
enhanced.
[4:10 p.m.]
Hon. C. James: This
section just, in fact, puts back the use of terminology that
was inadvertently removed in 2012. So it corrects that.
It doesn’t actually expand the provisions in this piece. They are
also under
section 252. They already exist. What this does is make it
easier for the regulator. It defines it. They were there before, in
2012. They’re put back in now, in this section, to make it easier for
the regulator to enforce. That’s what this
section is about.
Section 4 approved.
section 5.
S. Bond: Can the minister provide, in
section 5, what the rationale for the
section is and, perhaps, in that description, let us know if this
affects the operations of the FSA in any way?
Hon. C. James: This really is about a more efficient operation and more
efficiencies throughout the authority. It allows information, personal
information that people are providing, to be shared with the
superintendent rather than the authority itself. That just provides, as
I said, some administrative efficiencies within the
organization.
S. Bond: Thank you to the minister. So does this allow for the
superintendent to delegate the reception of information under this
section?
Hon. C. James: The act actually requires the information to be submitted to the
superintendent. So it’s not a delegation piece. It actually requires
that through this section.
Section 5 approved.
section 6.
[4:15 p.m.]
S. Bond: Can the minister explain what their reason was for adding this
provision? Did something occur? Were there circumstances that led to the
addition of the discussion around the Supreme Court and the ability to
basically deal with a dissolution by a court order? Did something lead
to the addition of that provision? Or why was it added?
Hon. C. James: This language is added, consistent with Alberta and Saskatchewan.
Basically, nothing has occurred here in B.C. that would cause us to
bring it forward, but we wanted to make sure we were consistent with the
other provinces. It’s simply looking at laying out the specifics for the
court to look at, and it mirrors the language in Alberta and
Saskatchewan.
S. Bond: If we’ve looked at other jurisdictions…. I’m not sure if we would
know this for British Columbia. Do we have a sense of how many inactive
companies require court-ordered dissolution that have not yet dissolved?
How big a challenge is this? Do we know what the situation is in B.C.?
Have we looked at what the trends would have been in other
jurisdictions?
Hon. C. James: We certainly believe that the issue is not unique in any of the
provinces. In fact, they’re all in the same kind of place, of having
this be a very, very rare occurrence. It’s so rare that we don’t contain
annual numbers because it doesn’t happen annually. It’s a rare
occurrence, and we believe that’s pretty common across the
provinces.
Section 6 approved.
section 7.
S. Bond: This deals with provisional liquidation. Could the minister
describe for us whether or not this process is different from the
current system and, if it is, give us some sense of what that might look
like and why changes would have been necessary?
[4:20 p.m.]
Hon. C. James: This is a new provision. This provision just gives the authority
tools to intervene more quickly. This is, again, a kind of consumer
protection, an ability to protect policyholders. This provision is very
similar to the provisions — again, as the previous one we talked about —
in Alberta and Saskatchewan as well.
S. Bond: When the discussions took place with the credit unions and other
organizations, was there any feedback about the addition of this
particular new provision?
Hon. C. James: This provision mainly applies to insurance companies. There are
already structures in place for credit unions. So it’s mainly insurance
companies that are impacted by this. And the insurance companies were
comfortable with this provision because, again, it mirrors the work they
do in other provinces and the clauses in other provinces as
well.
Section 7 approved.
section 8.
S. Bond: In
section 8…. This establishes a shorter process for amending
financial institutions’ business authorization. Typically, we appreciate
shorter processes, but perhaps the minister can advise how this makes
the process shorter in terms of the existing practice. So maybe give us
a sense of what that looks like in terms of shortening the length of
time for that financial institution’s business authorization, for making
an amendment.
[4:25 p.m.]
Hon. C. James: This is a piece that I think is welcome because it’s about
reducing burden and reducing cost to financial institutions. Currently
they have to apply for new business authorization for any change. They
have to pay the full application fee of $2,500 and go through the
process. That then has to be reviewed by the authorities. So they have
to go through that process.
What this will allow is that the authority can actually issue a
business authorization change as long as they meet the criteria. It
doesn’t soften any of the criteria that is still required to make sure
that all of the policy is followed, but it allows the authority to do
that, which reduces the burden, and they wouldn’t have to pay the
fee.
S. Bond: Just, then, to reiterate what the minister has said, it allows
them to immediately and independently issue that business authorization,
and it reduces the cost in order to do that.
Hon. C. James: The member is correct. They would still have to make an
application, but the authority then could go through the process, rather
than them having to go through the process of a new fee each time that
they put in for the business authorization.
Section 8 approved.
section 9.
S. Cadieux: This
section deals with capital liquidity requirements for the
institutions themselves.
Can the minister explain how this
section would apply differently
between a larger institution, say a Vancity, and a smaller institution
like Kootenay Savings? Will there be flexibility, and how will that be
built in?
Hon. C. James: This, as the member knows, provides rule-making for the authority.
What it provides through rule-making is the flexibility. Exactly as the
member has described, there are different-sized credit unions. There are
different requirements. So this will provide the authority with the
ability to use a range of numbers, for example, which again can be
applied depending on the size and depending on the unique circumstances
of each individual credit union. So, yes, this does provide that ability
through rule-making for the authority.
S. Cadieux: I would assume, then, that with the flexibility of the
regulation-making authority we’re giving, that that should give the
institutions some comfort that there will be the ability to know ahead
of time what the expectations are for a credit union of their size and
let them discern from that what the expectations are for them in
managing their business, and these things are not going to be something
that is flexible on a regular basis. They’re going to be able to plan
and manage in relation to that.
Can the minister confirm, then, that assuming criteria (
a) through
(
d) is met in (2.1), that the institution is free to do business
otherwise, then, without interfer