British Columbia Committee Hansard (Blues) — Tuesday, May 7, 2019, p.m., Issue 250 (41st Parliament, 4th Session) (20190507pm-CommitteeC-Blues)
20190507pm-CommitteeC-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, May 7, 2019
Afternoon Sitting
Issue No. 250
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Orders of the Day
Committee of Supply
Estimates: Ministry of Finance (continued)
S. Bond
Hon. C. James
T. Redies
T. Stone
J. Thornthwaite
M. de Jong
M. Lee
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Education (continued)
D. Davies
Hon. R. Fleming
S. Furstenau
T. Redies
J. Thornthwaite
Proceedings in the Birch Room
Committee of Supply
Estimates: Ministry of Agriculture (continued)
M. Hunt
Hon. L. Popham
I. Paton
J. Sturdy
R. Coleman
J. Tegart
W. Shoemaker
L. Larson
T. Shypitka
L. Throness
D. Clovechok
S. Thomson
C. Oakes
D. Ashton
J. Thornthwaite
TUESDAY, MAY 7, 2019
The House met at 1:32 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued debate on the estimates of the Ministry
of Finance. In Committee A, I call continued debate on the Ministry of
Education. And in the little House, Committee C, I call continued debate on the
estimates of the Ministry of Agriculture.
[1:35 p.m.]
Committee of Supply
ESTIMATES: MINISTRY OF
FINANCE
(continued)
The House in Committee of Supply (Section B); J. Isaacs in the
chair.
The committee met at 1:36 p.m.
On Vote 25: ministry operations, $265,327,000
(continued) .
S. Bond: Good afternoon, Minister, and to the staff. We’re going to pick up
sort of where we left off, because it’s a really critical point, from
our perspective. As we were discussing the budget, one of the things
that…. The minister — this is no surprise to her. We are very concerned
about the sustainability of the budget when we look at spending
patterns, the growth of debt, and we’re also concerned about risks.
Certainly one of the significant risks is related to the financials at
ICBC. That’s not a point of contention. It doesn’t matter where you sit
in this House; people are worried about that.
What we know is that if you take the loss that was experienced in
six months at ICBC and you extrapolate that over an entire year, ICBC,
as late as November, was forecasting a loss of only $890 million, 85
percent of what they predicted in February that they would
lose.
So we have ICBC basically saying to the Finance Minister: “Oh,
guess what. We’ve lost 85 percent of what we said we were going to lose
in an entire year, and we did that in six months.” Our question really
gets to the heart of: how seriously did the ministry and the minister
take this incredible change and the concerns that were being…? From our
perspective, that would be something that would be pretty, pretty
significant.
The question is a straightforward one. We’ll start with this one.
Did the minister meet directly with the CEO, the president, with anybody
at ICBC, to say: “I expect an explanation as to why this spending does
not line up. And when I’m getting that explanation, I want to know what
the reasons are for that differential”?
Hon. C. James: I’ll just reiterate again for the member. The member talks about
concerns with ICBC. The member will know from the budget updates, from
the budget that was tabled, that ICBC was a major risk, identified in
the budget documents as a major risk. It continues to be a concern, as
I’ve raised, and listed as a risk to our fiscal plan.
It was not a matter of myself as Minister of Finance going to tell
the Attorney General what was going on. It was the Attorney General,
myself, all of government, Treasury Board, our staff, who have been
spending time doing the work that I identified before lunch — doing the
work of taking a look at claims coming forward, taking a look at trends,
taking a look at assumptions, stress-testing the assumptions coming from
ICBC, working with their actuarial team and forecasters, reviewing line
by line the budgets, taking a look at the challenges.
[1:40 p.m.]
This was not a matter of the Finance Ministry or the Finance
Minister coming in and saying to ICBC: “We need to get a handle on this”
or “We need to take a look at the challenges.” This was, in fact, an
issue that was raised by the Attorney, raised by government and worked
on by everyone in all departments, to be able to address the challenges
that we were left with.
S. Bond: Well, thank you. I certainly did not imply, and would not mean to,
that I didn’t think work was not going on. I know firsthand that work
was going on. It has been for a long time. To suggest otherwise would be
inaccurate. My point is simply this: at the end of the day, I fully
understand the jurisdictional responsibilities of ministers, and I
understand what the Attorney General’s role is. But this minister booked
a significant transition and transformation at ICBC in her budget, yet
obviously, the answer is no. She didn’t meet directly with the CEO or
with anyone else over there to basically say: “This number is
unacceptable. How on earth are you assuring me that that number can be
capped?”
In fact, it was a major problem — 85 percent of what they said
they were going to experience, they managed to do that in six months.
Yes, I understand work is being done — I’ve been on that side of the
House — but I also know that for this minister, ultimately, the buck
stops with her on the financial side.
I have two final questions before my colleague moves on to other
issues with ICBC. The minister has said repeatedly that they meet with
the executive at ICBC. The Finance staff — I know well — go over the
forecasts. Were they comfortable in November when it was discovered that
the year-end forecast was $890 million? Were they comfortable with
ICBC’s explanation, first of all, of how that happened and of how on
earth they were going to stop the continued growth of that number?
Secondly, did the minister then go to the Attorney General and say: “We
have a problem here that’s bigger than anticipated. What are we going to
do about it?” Did that conversation take place directly?
Hon. C. James: The member asked whether I was comfortable, as Finance Minister,
with the loss that we were seeing at ICBC. I can tell the member that
there wasn’t anyone across government that was comfortable with the
numbers we were seeing, including the Attorney General, including
myself, including the Premier and including all of our government. No
one was comfortable with the kinds of numbers we were seeing and the
kinds of losses we were seeing.
That’s why ICBC has been included as a risk. That’s why we built
prudence into the budget. That’s why, in fact, you see the forecast
allowance increase between Q1 and Q2, from $350 million to $950 million.
Again, knowing that there were continued challenges, that is one of the
tools that I have as Finance Minister: to build in that kind of prudence
and to make sure that we were doing that tracking.
[1:45 p.m.]
I’ve already mentioned, but I’ll mention again for the member,
that not only did I meet with the Attorney, not only did we meet with
Treasury Board, including the president of ICBC, we continued those
conversations — not simply at the staff level but at the political level
— to ensure that we were having conversations about the work that needed
to take place and the challenges that were coming in.
Not anyone across government was comfortable. We continue to do
that prudence and that good work when it comes to monitoring the
information on ICBC — working together. I think that’s the other piece.
The member spoke about it: “Did you go and tell the Attorney General?
Did you go and tell?” There was no need to. This was an issue across
government. This was an issue for the Attorney General, for myself, for
the Premier and for the government, as I said.
T. Redies: Minister, we’ve been talking about the November results and the
forecasts for year-end from November. I’d now like to roll forward three
months to February 2019, which was actually eerily similar to what
happened in February 2018, with respect to ICBC results and the actual
results being well beyond what was forecast. In fact, in February 2019,
the ICBC announced it had lost $860 million for the first nine months,
and now it’s forecasting a loss of $1.18 billion for fiscal 2018-19.
Perhaps not so surprising, the new forecast is very similar to the
extrapolated 12 months’ potential loss I spoke about earlier, based on
the second-quarter losses of $584 million.
On this basis, Minister, it appears there was never any hope that
the company could keep losses to $890 million for the fiscal year-end.
Now, going back to the eerily similar way that this all rolled out in
2018 with fiscal 2017, in September 2017, the corporation forecast that
it would lose $225 million. It was then increased to $364 million, as of
November 2017. Then, lo and behold, two months later the company came
clean and indicated it would lose $1.3 billion for fiscal 2017-2018. In
February 2018, ICBC said it would lose $684 million for fiscal 2018-19,
then $890 million in November. But now it’s going to lose $1.18
billion.
Over the last three years, the company has lost $3½ billion, and
not one of the company’s forecasts have even come remotely close to
actuals. Minister, on this basis, based on all these questions — you can
see the concern on our side — does the minister have any confidence in
the ability of ICBC and its management team to meet its
forecasts?
[1:50 p.m.]
Hon. C. James: I think there were a number of pieces that were in place. I guess
I’ll start off with the review of ICBC when we came into government and
the important review that was there.
It was very clear that ICBC was in a very vulnerable state, that
there were challenges with that organization, that it was in need of
change and that there was not a road map to be able to address that
change — changes that probably should have happened years ago and hadn’t
occurred.
As I said, and I know the Attorney has said as well, this is not a
quick fix. As you know, there are past claims that come forward, so
there are issues that have to be addressed from previous claims. It is
going to take time to bring stability. But am I confident that there is
a road map in place that will begin to address those challenges that
were left us? Yes, I am.
When you take a look at accident claims flattening, when you take
a look at the suite of measures in product reform, in addressing the
increase in claims and the changes that we have made — yes, I believe
those measures will begin to address the challenges that were left
us.
T. Redies: I’m not sure if we’re talking at cross-purposes with the minister.
I understand that there are changes going to be undertaken at ICBC, but
one thing that for sure has been happening is that there has been a
continuous failure of ICBC management to actually forecast even remotely
close what was actually happening at that company. Well, not to belabour
this…. As a former CEO who was responsible to a board, I can’t imagine
going through almost eight quarters where I had continually missed
forecasts and not anything happening with respect to that.
What we have here…. It’s the same process, it’s more or less the
same people, and they’re delivering forecasts which, frankly, don’t seem
to be worth the paper they’re written on. Again, I guess my question to
the minister…. In a situation where ICBC is forecasting that they’re
going to break even this year, more or less, after losing $2½ billion
over the last two years when they said they were going to only lose $900
million — and I use “only” with some degree of trepidation — how can the
minister be comfortable with the current management team, the
forecasting process and whatever review process is going on with the
Finance Ministry?
[1:55 p.m.]
Hon. C. James: I think we’ve canvassed this, but just to reiterate again for the
member. As the member knows and, certainly, as her colleague, I’m sure,
is informing her, this is a complex organization and a complex process
that has to do with both actual results as well as actuarial estimates.
In doing so, there are issues that come forward when it comes to claims
and claims being settled that bring volatility to the forecasting that
comes in.
Our job at Finance is to ensure — as we do, as I’ve talked about —
and to sit down, as the quarterly reports come in, and to take a look at
the estimates that are coming forward, take a look at the suite of
measures that have been brought in. As I said, one of the biggest
volatilities are claims — claims that are settling — and the product
reform that is being introduced to be able to address those increasing
claims.
I certainly feel confident in the staff that we have and the work
that they’ve been doing together and in the work that they are doing to
make changes in the organization, which does impact volatility in the
forecasting. I certainly feel, as I said, confident that the product
reforms will make a change.
Does that mean that we need to continue to monitor it and it
continues to be a risk? Yes, it does. That’s why, in fact, we have built
in prudence. That’s why you saw the forecast allowance increased,
because of the kind of volatility that we see there. But are there
measures being taken to reduce that volatility? Yes, there
are.
T. Redies: Just so you know, I actually understand how complex a business
ICBC is. I actually was responsible for running an insurance business in
part of my career — much smaller, obviously, than ICBC. But I do
actually understand the business. I sympathize with you because this is
a complex issue, and these are challenging times for ICBC.
However, I would say that I think one of the main responsibilities
of the AG and the Minister of Finance would be to make sure that there
are people in ICBC who can actually deliver the results. Right now, that
doesn’t seem to be the case, and nothing seems to be changing on that
front.
I guess my question to the minister is: are you confident…? You’re
confident in your Finance staff, and that’s well understood. But are you
confident in the ICBC staff and their ability to deliver the numbers
that your budget is based on?
Hon. C. James: Yes, I’m confident in the professional team that is working at
ICBC, that works in the Ministry of Finance and that is working together
to be able to address those challenges.
T. Redies: What happens if they miss their targets this year?
Hon. C. James: We will continue, as we’ve done, to work closely as we come up to
quarterly. But it is why we have built in, again, because of the risks,
because of the volatility in the organization and because of the changes
that should have happened years ago and didn’t that bring volatility
into the organization. We will continue to watch that, but this is why
you saw the forecast allowance increased — to be able to address any of
the future risks that may still arise as we wait for the changes that
should have been introduced a long time ago. We wait for those changes
to make the difference.
T. Redies: Could the minister confirm whether or not the CFO is currently
also the chief actuarial officer at ICBC?
Hon. C. James: No, the CFO is not the chief actuary.
S. Bond: Let’s just pursue this again for a moment. The minister just said,
in her own words, that she and the Attorney General and others have had
a discussion about there being no quick fix here. Well, that’s
interesting, considering this minister’s budget looks pretty much like
she’s expecting a quick fix.
[2:00 p.m.]
This minister has not met directly with the CEO or with others who
have botched forecasts. In fact, I’m surprised that she can have any
confidence in the work that’s being done and the promise of what would
be considered a miraculous turnaround by anyone. This is an organization
that is going to attempt to be in a more or less break-even position in
one budget cycle, after proving to British Columbians and two
governments, at least, that they simply have not met those
targets.
Once again, to the minister, can she tell us whether or not she
discussed with the current management team at ICBC whether or not they
have the competencies necessary to meet this commitment? The reason
we’re going to pursue this is because we have looked at a series of
risks to this budget, and every answer from this minister has been:
“We’ve built in prudence.” There isn’t enough prudence for every issue
that we have raised in this House that presents risk to the
sustainability of this budget. So this is a very serious and important
question.
This minister’s watch, in terms of ICBC…. This isn’t about ten
years ago or even five years ago. This is about this minister taking
responsibility for the fact that this organization botched their
forecasts in a pretty enormous way. And now the expectation is that,
miraculously, over the course of one budget cycle, we’re going to go
from an enormous deficit position to basically being
break-even.
How on earth can the minister stand in the House today and say she
has confidence that that organization and that staff can do
that?
Hon. C. James: The member has raised concerns around ICBC and the forecasting and
the losses we’ve seen at ICBC. Those are in fact the very same concerns
as I’ve been talking about while we’ve been discussing this issue — that
I have as Finance Minister, that the government has, that the Attorney
General has around ICBC and the losses. And ensuring that we get that
organization back into the kind of shape it should be as a public
insurer — those are exactly the kinds of issues and concerns.
As I’ve talked about, the job of the Finance Ministry is to ensure
that we are doing the kind of due diligence that needs to be there, that
we are working closely with a professional team at ICBC. Those questions
the member raises are exactly the kinds of questions that have occurred
around Treasury Board, with the CEO of ICBC, with the board chair of
ICBC, with the minister and with all of government — to ensure that we
are doing everything we can, as I said, to try and get the organization
back on track. That work will continue. That is the due diligence that
needs to be there.
Again, I echo the member’s concerns around the challenges at ICBC.
I couldn’t agree more. Those are challenges that need to be addressed.
We’re working on addressing them. I have confidence in the people who
are doing the kinds of changes that need to occur, and we will continue
our due diligence. That does not let up — the kind of work that we do at
Finance and ensuring we are doing the due diligence that needs to be
there.
S. Bond: Simple question. Is the minister confident that ICBC will be
returned to an almost break-even position this fiscal year?
[2:05 p.m.]
Hon. C. James: I think it’s important to note a couple of things. ICBC continues
to be listed as a risk in our budget, which I think speaks for itself. I
continue, as Finance Minister, as all of government does, to be
concerned about ICBC and making sure that things get back on track. I
think that speaks for itself.
I think the fact that there are resources built into the forecast
allowance again shows that we’re being prudent in our estimates. If the
assumptions that are built in are accurate, yes, I believe we’ll be in
the kind of fiscal position…. But again, they are assumptions. That’s
why prudence is built in, and that’s why it’s important to make sure
that it’s there in the budget.
S. Bond: With all due respect to the minister, every time we’ve raised a
risk, the minister says: “We’ve got prudence built in.” Prudence can
only go so far. This is an enormous challenge.
The minister herself said that it’s not a quick fix. Yet we see a
quick fix in this budget. We see this minister standing in the House and
suggesting that ICBC, despite absolutely missing all of the targets,
blowing those forecasts out of the water for all kinds of reasons…. This
minister stands here and says she’s relatively confident or comfortable
that somehow there is going to be a miraculous turnaround.
The minister will have to forgive this side of the House for being
a little more skeptical than that. So here’s the next simple question.
What happens if they do not meet the target the minister has attached to
this budget?
Hon. C. James: I want just to remind the member that a number of changes have
occurred over this last year and a half when it comes to ICBC — major
changes taking place. I know the members are well aware of this. There
have been legislation and discussion and debate on these issues of
product reform, of major changes around claims. Those are taking place,
and that is part of the action that has been put in place to be able to
address the challenges that are here.
We will continue, as I said, doing our due diligence each
quarterly, as the estimates come in, and we will address what needs to
be addressed. But again, the major changes that should have taken place
years ago are now taking place and are part of the work that needed to
happen to be able to address the fiscal problems that were there at
ICBC.
S. Bond: Thank you to the minister for that response. It leads to another
question. The minister has referenced…. And I understand that the issue
of how product reform will work will obviously be canvassed with the
Attorney General, but there is a role for the Finance Minister here. The
Attorney General has put a number of changes in place, and I’m assuming,
knowing past practice as I do, that there would be price tags attached
to those particular changes, transitions, reforms.
Has the minister analyzed the comments and the steps taken by the
Attorney General from a fiscal perspective? Does she have confidence
that all of the changes that have been suggested will actually generate
the revenue that’s required to deliver this type of remarkable
transformation in a year?
Again, there’s a great deal of skepticism about that. What work
has the minister done, specifically, to line up the changes, what the
fiscal results will be and whether or not there is even a hope of
meeting the target attached to this budget?
[2:10 p.m.]
Hon. C. James: Yes, of course there was financial analysis done on the product
reform, as there is on other programs and services that come forward
across government. There was work done by Finance, by ICBC and by the
Attorney General Ministry to look at running all the various scenarios
around product reform, around when changes could impact the fiscal
picture. Those were all presented. There was an opportunity for
discussion at cabinet and an opportunity for discussion at Treasury
Board. So yes, that work was done.
T. Redies: It’s interesting for me to hear about all of this product reform
and the taps and everything else that ICBC is apparently putting in
place this year to turn around this company, but in fact, actually, over
the last two years, basic rates have been raised 13 percent. And over
the next three years, taking into consideration driver growth, ICBC
rates are going to go up 24 percent. Even amongst all of this, if you
look at the details on the forecast, ICBC is still showing an
underwriting loss. So in its core business, it still doesn’t seem to be
able to make a profit, even with all of those increases.
Tell me, Minister, again: are you confident in the ability of the
ICBC management to deliver the results that your government is
expecting? Because, based on the financials, it doesn’t look like they
know the business that well.
Hon. C. James: We’ve had that discussion. I’ve answered that question.
T. Redies: Well, I guess we’ll be asking those questions of the AG in more
detail, but if I was the Finance Minister — and I’m not — I would
certainly not be sleeping well at night with this situation.
Here’s another situation that we’d like to canvass the minister.
I’m not sure if the minister is aware that the salaries and bonuses of
ICBC executives have dramatically increased since the current government
took office.
In 2016, there were two people making more than $300,000. Today
there are six. In 2016, there were nine people making between $200,000
and $300,000. Today there are 26, a 180 percent increase. In 2016, there
were 359 people making between $100,000 and $200,000. Today there are
643 people making that amount of money, or a 79 percent increase. If I
just take the low end of those salary ranges and multiply them by the
increased number of people in those ranges, it works out that in the
last two years, ICBC has increased the salary expense of the top three
categories of earners from about $38 million to $71 million, an increase
of $33 million or 86 percent.
Minister, why has the NDP, in the midst of this self-proclaimed
financial dumpster fire, found it appropriate to astronomically allow
the increase of salaries and bonuses of the ICBC executives and upper
management that got ICBC into this mess in the first place?
Hon. C. James: I know the member, as she said, will have many questions for the
Attorney General. That’s obviously part of the Attorney General’s
budget, and I expect those questions will be asked in that
estimate.
T. Redies: I’m actually quite disappointed in that. Because, as Finance
Minister, with this size of a risk on your budget, I would’ve thought
the minister would be all over this and would be able to answer these
questions, because this is serious.
I mean, ICBC just increased its rate 6.3 percent. Meanwhile, ICBC
executives are making at least $33 million more a year in pay. Does the
minister think that’s an acceptable situation, where British Columbians
are having to pay higher premiums in order to pay ICBC executives, who
can’t seem to meet their forecasts, more money, while they are subject
to increased rates?
Hon. C. James: The member knows they will have the opportunity to ask questions
about salaries for various staff in various ministries’ budgets in those
ministry estimates. So I’m certain the member will bring those questions
forward.
[2:15 p.m.]
S. Bond: This is the minister who booked in her budget, as we’ve talked
about, a significant transformation at ICBC, taking them from a
significant deficit position to, basically, virtually, back to even
balance.
Maybe the minister could answer this question. Is she aware of the
significant increase in the number of people earning additional salary
benefits and costs? Because as far as I can tell, every single dollar
should matter to this minister. This is a question that is rightly in
this minister’s portfolio. She is making assumptions, as is her team,
about this company’s ability to actually close that deficit gap. Is the
minister aware of the cost of significant executive salaries — the
significant increase — and did she ask the Attorney General or anyone at
ICBC what on earth they were doing?
Hon. C. James: Very valid questions for the members to ask. The member should ask
that for the minister responsible for the budget, and I’m certain that
they will.
T. Redies: Minister, maybe I’ll ask it another way. In this robust process of
going through all the forecasts that the minister said the Finance
Ministry did, did anyone ask the question about what salary expenses
were being paid to ICBC executives?
Hon. C. James: The budget and the operational budget for ICBC is the
responsibility of the Attorney General, and I know the member will ask
those questions of the Attorney General.
T. Redies: That’s really interesting. Okay, let’s try another tack,
then.
Maybe the Finance Minister will be able to answer this. Could the
minister please tell us how much ICBC is paying in EHT in 2018, ’19 and
’20? Is that factored into the ICBC premium of 6.4 percent in 2018 and
beyond?
Hon. C. James: Certainly ICBC, as other employers do, as the member knows well,
will be paying the employers health tax. That will be part of their
budget — built into their budget.
T. Redies: Again, I’m just kind of astounded that…. The minister is
responsible for the budget. ICBC is one of the biggest pieces of that
budget — one of the largest Crown corporations. She is responsible for
the EHT, and she and her staff are not able to tell us what the
organization is paying in EHT in 2018, 2019, 2020? Is that not an area
of her responsibility?
Hon. C. James: As the member knows, ministers are responsible for the operation
of the areas that are their responsibility. ICBC is the Attorney
General’s responsibility. The member has the ability, as all members do,
to ask questions of the operational budget. That would include the cost
of the employers health tax.
S. Bond: You know, I have a lot of regard for this minister and her
experience, but these answers, frankly, just don’t add up. To stand in
this legislative chamber and suggest that executive compensation is the
Attorney General’s responsibility is simply not accurate.
I’ve never met a Finance Minister who actually didn’t care about
monitoring and keeping an eye on executive compensation, especially at
an organization like ICBC. This minister has booked a miraculous
transformation at ICBC, going from significant blown forecasts…. And the
minister stands and tells us we need to ask the Attorney
General?
[2:20 p.m.]
Well, I think the minister needs to think that question through
again. Executive compensation — 86 percent, millions of dollars — and
the minister can’t tell us that she actually asked a question about
whether or not that was appropriate yet is relying on forecasts from
ICBC, and now the same thing with EHT? All of these things add up to
part of the reason why this minister needs to stand up and question
whether or not what’s going on at ICBC is actually being managed
appropriately.
Let’s go back to executive compensation. Did the minister ask any
questions related to executive compensation that actually contribute to
the challenges being faced at ICBC fiscally? That is this minister’s
responsibility.
Hon. C. James: The member knows full well that the specifics around compensation
are the responsibility of each minister in their ministry. I have talked
about the fact that we did a thorough analysis and a review of the
quarterly assumptions, as we do with ICBC, and we will continue to do
that monitoring. But the member knows full well that the individual
ministry operations fall within the responsibility of the
minister.
S. Bond: Thank you to the minister for that answer. Is the minister, then,
suggesting that individual ministers just run their ministries, and
whether executive compensation is at an appropriate level or not, this
minister is hands-off? There is no overall strategy in government to
deal with the issue of executive compensation?
If she knew there were significant increases at ICBC, who…. This
government trots that story out all the time, and now we hear that the
minister says that’s over to the Attorney General to take care of those
increases.
Is the minister, then, saying today that she has no overall
provincial oversight, interest, strategy around executive compensation
across ministries?
[2:25 p.m.]
Hon. C. James: The member asked what responsibility there is through Finance,
what responsibility there is through PSAC. As I know the member will
know, government sets the maximum limit for total compensation. That’s
their responsibility. Then, within that framework, it’s up to a board of
directors, if there’s a board. It’s up to a minister, if it’s a
minister. They negotiate, through the CEO or deputy or whoever is
responsible, compensation plans to support the service delivery. They
need to balance that with the resources that are available, and they are
responsible for that.
Again, the members have an opportunity to ask specific questions
about staff and compensation. The responsibility, through the Ministry
of Finance, is to ensure that people are making sure that they only set
those within the maximum limit for compensation that is there. The
specifics…. Again, I know the members will ask those questions of the
Attorney.
S. Bond: Thank you to the minister. But basically the minister is
suggesting that individual ministries work within guidelines and, in the
end of the day, that she as minister has no overarching responsibility
to maintain and to look at the effective management of fiscal planning.
Of course she does. All we need to do is look up the service plan of the
Ministry of Finance, and it lays out exactly those responsibilities —
that negotiating and looking at compensation planning.
Let’s put it this way. Did anyone — either the ministry or the
Attorney General or anybody — raise a red flag for this minister, who is
dealing with ICBC from a fiscal perspective and using their remarkable
transformation to balance her budget, which is a huge risk from our
perspective…? Did anyone raise a red flag at all about compensation to
executives at ICBC?
[2:30 p.m.]
Hon. C. James: I know we’ve canvassed this, but happy to canvass it again if the
members want to review this. There was a thorough review — as there is
with every Crown — of all Crown budgets through Treasury Board, through
the Ministry of Finance. I’ve talked about the work that we do around
the quarterly report. All issues are canvassed. Questions are asked on
all issues, and the minister is then responsible for addressing the
specifics. Is there a thorough review? Yes, there is. And there will
continue to be an extra thoroughness, as I’ve talked about, at ICBC
because of the risks and because of the challenges that were
left.
[R. Chouhan in the chair.]
S. Bond: Well, I take it from that answer, then, that the minister is
comfortable that executives at ICBC over the last number of years have
seen a…. When you look at three categories of top earners, their
compensation has increased by 86 percent. On top of that, this minister
thinks that it’s acceptable that we add on the EHT and the MSP. The
double-dip year applies to ICBC as well.
How does the minister think that there is one shred of credibility
left with an assumption that ICBC is going to go from a significant
deficit to a break-even position in one year? There is no possible
credibility. This government is actually contributing to the challenge
by not even being aware of the kind of wage increases that are taking
place at ICBC, and they add on the double-dip of EHT and MSP.
Can the minister stand here today and tell us that she believes a
proper analysis was done that included factors like the EHT, the MSP,
staff compensation increases? And for the record, can the minister stand
here and tell us that she is confident today that the number in her
budget will actually be achievable by ICBC in this fiscal
year?
Hon. C. James: We’ve canvassed this. The member has asked that question two or
three times. I’m happy to respond again if the member feels the need.
I’m happy to respond again.
We have continued and will continue our due diligence that needs
to occur with all Crowns, with all budgets, across government, including
ICBC. The member knows that we have included it in every budget as a
risk, because we continue to believe it’s a risk. You don’t turn around
overnight the mess that was left us with ICBC. It will take time to make
those changes.
I’m very proud of the work that has been done by the Attorney, and
across government, to be able to start turning that ship around, to be
able to start addressing the things that should have been addressed
years ago and the changes that should have occurred to try and get back
to a strong fiscal position. That is going to take time. That is
recognized in the budget. And we will continue our due
diligence.
T. Stone: As thoroughly entertaining as this discussion has been to this
point and as tempted as I am to weigh in, I’m going to resist for the
time being, other than to say that it has been two years now. It is now
this Finance Minister’s and her Attorney General colleague’s
responsibility to address the financial challenges at ICBC.
[2:35 p.m.]
It is beyond painful to hear this minister stand up…. When the
going gets a little bit tough and there’s a little bit of heat directed
towards her on questions that, as the Finance Minister, she ought to be
able to answer in this House, the immediate deflection is to talk about
the incredible mess that her government was left with.
It was a $225 million fiscal challenge which this minister, this
government, and the Attorney General turned into a $1.3 billion loss in
’17-18 and followed by a $1.2 billion loss the following year. It’s
under this government that they’ve lost $3 billion at ICBC. They’ve had
two years to take action, and the actions they’ve taken haven’t made one
iota of difference to this point.
With that, I’m going to move to a completely different topic, and
that is real property contractor taxation issues. The minister and I
canvassed this particular PST issue a couple of years ago. It was in, I
believe, the interim estimates in the fall of 2017.
The purpose of the questions that I’m going to ask here — and I
believe my colleague from North Vancouver–Seymour has some related
questions in a moment — really, again, relates to hardship that has been
experienced or has been faced by real property contractors, not just in
my community, my hometown of Kamloops, but, indeed, in communities
across the province. It’s really with respect to the consumer taxation
branch’s audits related to the application of the provincial sales tax,
the PST, insofar as real property contractors are concerned.
The issue began back when the former provincial government, which
I was part of, transitioned back to the PST in 2013 and, in doing so,
reverted back to the October 2008 method for real property contractors
to pay PST on materials. Now, this is a complex issue, and the minister
and I, as I said a moment ago, have canvassed this previously. But I
would ask for her patience as I just sort of map out again the framework
for the questions I’m going to ask, insofar as this issue is
concerned.
As the minister knows full well, generally speaking, a real
property contractor who is engaging in a supply and install contract,
whether the contract is a time and materials contract or a lump sum
contract, is required to do two things: (1) pay the PST on the goods and
materials purchased from a supplier, which are the inputs to be used in
the supply and install contract and (2) not to charge the PST on the
inputs to the customer or the end-user.
There is of course an exception to the above rule. If the
end-customer agrees both in writing and in advance of the inputs being
obtained by the contractor to pay the PST on the inputs, then the
contractor doesn’t pay the PST on the goods to the supplier. Rather, the
contractor charges the PST to the customer and remits PST
accordingly.
Now, as the minister, I’m certain, must know, many real property
contractors across the province have been audited. The auditors, in some
cases — I think quite a number of cases — have found that the contractor
in question has charged the customer the PST without having the required
advance written agreement in place stating that the customer agrees to
pay the PST on the inputs. I would suggest that this view is somewhat
dubious, since in most of these cases the customer, I would argue, has
agreed to the pricing in advance by (1) providing a deposit in most
cases and (2) by virtue of the fact that the customer did, indeed,
actually pay the invoice.
The consumer taxation branch seems to have taken a fairly hard
line in these cases and has stated that if the contractor fails to have
the necessary written agreement in advance, then the contractor has
charged the PST in error and must pay the PST on the inputs acquired to
fulfil the contract.
In many cases — and we went over some of these examples a couple
years ago — we’re talking about real property contractors, small
businesses typically. Some of them are medium-sized businesses, like a
Home Hardware–type operation. But many small businesses have been hit
with liabilities in the tens of thousands and in some cases hundreds of
thousands of dollars.
[2:40 p.m.]
These liabilities have caused significant hardship. Again, my
colleague from North Vancouver–Seymour, I think, will speak to a
specific example in her community on that in a moment.
The end result of these assessments, to shine a bright light on
kind of the insult to injury here, is that the treasury ends up
collecting more than double the revenue in respect of each transaction.
That happens for two reasons. First, the PST was collected from the
customer on the retail price of the goods. Second, the PST was collected
from the contractor on the wholesale price of the inputs. So in the view
of the consumer taxation branch, the customer has been charged the PST
in error and could, therefore, apply for a refund of the PST. In order
to protect the treasury in the event that such refunds are applied for,
the contractor must pay the PST on the inputs.
Our understanding is that application for refunds by the customers
for PST charged in error is very low. We do, I think, all have examples
of some contractors who have gone through that process. But the number
of customers and users that actually apply for the refunds is a very
small number. The customer only has, I believe, a four-year time frame
to apply for such a refund, after which a statutory time limit kicks
in.
The potential scope of this issue is massive. I think the minister
knows that new home construction has materials making up an average of
$175,000 of the cost of a home. With 30,000 new homes being built every
year, that’s about $5.25 billion worth of materials. It means that the
contractor is responsible for paying and/or collecting potential PST of
up to about $350 million for renovations. Materials make up $2 billion,
meaning contractors pay and/or collect another potential $140 million
every year.
For these real property contractors, what, frankly, is in most of
their cases an honest mistake…. Whether working on large contracts or
multiple projects, this honest mistake could mean owing tens of
thousands of dollars or more. All along, these contractors have thought
they were doing the right thing. It turns out that wasn’t the case in
some instances, and this honest mistake is costing them a lot of money,
which comes right off of their bottom line.
The Kamloops Chamber of Commerce pointed out in its 2019 policy
position on the issue: “This issue does raise the question as to what is
the best, most efficient way for real property contractors to collect
and remit PST…. With the introduction of the PST, it is vital that the
provincial government work with real property contractors to find the
right balance and fair approach that works for them to collect the PST
and remit it to the government.”
I’ve mentioned a number of audits. I’ve given the minister some
examples in the past. I’ve got a list here of about ten businesses in
Kamloops that have been hit with fines and interest and tax owing as a
result of this issue, with just these ten businesses totalling over $1
million. They’re all relatively smallish in size, employing a lot of
people in Kamloops.
The minister did write back to me December 19, 2017, I think,
acknowledging that this is an issue. Her letter, in part, reads: “It is
true that unless the customer applies for a refund, the government will
collect twice the amount of overall tax that is owed. I can appreciate
that this has caused frustration on behalf of the contractors, as they
feel government is receiving more tax than is legally required to be
paid.”
It seems to be, to me, in that letter from the minister of
December 19, 2017, that she, in her good wisdom and her experience,
understands that there’s an issue here and understands why there would
be frustration on the part of a lot of real property contractors around
the province.
With that very lengthy introduction…. Again, I appreciate the
minister’s patience in enabling me to kind of lay that out, because it
is a complicated issue. I have a couple of questions.
[2:45 p.m.]
The first one is this. Is the minister willing to ensure recovery
of full payment back to the real property contractors who have been
audited, in the cases of those contractors related to whom the
provincial government admits to receiving all PST due? For the
minister’s information, this particular question is focused on the
Ministry of Finance reviewing all impacted audited contractors and
ensuring that those contractors are reimbursed in full — the fines, the
penalties, the interest and the audited assessments, as would only be
considered fair and reasonable by all of these real property contractors
in question.
[2:50 p.m.]
Hon. C. James: I think the member has identified some of the background, but I
think it’s important just to, again, set the context that these changes
were made in 2008. Certainly, there has been some confusion around the
specifics. Because of that, a great deal of work has occurred — I think
we talked a little bit about this in the 2017 estimates — with
associations, with the homebuilders, with the contractors, with public
education that has been done.
We do believe that, in fact, now the vast majority of businesses
do understand the rules, that the rules are simpler than they were
previously. So we certainly don’t want to go back to the old rules. In
fact, these rules are much simpler to be able to administer. This is the
law. So people are expected, obviously, to follow the law, and audits
have shown that. We believe that the public education work has occurred
now.
It is important to note, as well, that this new change that was
made in 2008, in fact, does protect the customer, because the customer
ensures they don’t pay the PST unless they’ve agreed to. So it ensures
that there aren’t markups that are in place where the customer ends up
having to pay them, but they actually have acknowledged that they don’t
pay the PST unless they’ve agreed to it. So that’s important.
There is an appeal process. On appeal, if a customer paid the PST
and didn’t actually confirm that in writing, as is required, the
contractor can appeal. And if they can show, as part of that evidence,
that the customer did agree, they can submit that as part of the appeal,
and that will be considered. That’s another protection that is in place
for the contractors to be able to go through that process, if they
didn’t get the customer to put in writing that they agreed to the
PST.
I think it’s important to note that this was a change made in
2008. It has been in place since 2008. Public education has been done on
this piece, and certainly, the vast majority of businesses, at this
point, do understand the rules.
T. Stone: Well, I certainly agree with the minister insofar as, yes, there
has been a tremendous amount of engagement on this particular file, this
particular issue with respect to the homebuilders and chambers of
commerce and other organizations, not to mention countless small
businesses, themselves, coming forward and expressing the hardship that
they’re experiencing. Again, I go back to my opening statement. These
are real property contractors, in the vast majority of cases, who are
simply trying to do the right thing.
The minister’s right. The rules that are wrapped around this
particular PST issue were established in 2008. They went away when the
HST was brought in. When the HST was eliminated and replaced with the
PST once again in 2013, this PST rule came back in play. There’s no
quibbling on the dates, in terms of when this issue first arose and
where we are with it to this point. That being said….
[2:55 p.m.]
The minister is correct. It is the law, but the reason we’re in
this place is that this is where the law can change. This is where we’re
supposed to come forward on behalf of our constituents and express
concerns that they’re having and, hopefully, with a thoughtful policy
lens, work with each other — work with government and opposition
together — to resolve issues of, if nothing else, fairness and
equity.
This is a complicated tax issue that…. While it is the law and
while many contractors understand the provisions, there were many that
didn’t several years ago and have been hit hard with assessments and
fines and penalties.
The minister is correct that, yes, there is an appeal process. But
I would point to one organization in…. A constituent of mine had
assessments plus penalty and interest of $148,000 and change, and after
two years of a heck of a lot of work and a lot of paperwork, back and
forth between the auditors and this small business, this small business
was able to recover about $35,000. They’re still out and have
double-paid, essentially, to the tune of over $100,000. Now they’re
thinking they might still be able to get another $10,000 or $12,000
back.
It’s wrong on several levels. It’s not wrong from the perspective
of what the law says is correct today. It’s just from the perspective of
fairness and the concept of taxing once and recognizing that the
contractor and these contractors in question are trying to do the right
thing. Remitting, collecting the tax, remitting it and then having to
pay it again — that’s just not the right thing.
My second question to the minister would be this. Would the
minister be willing to consider changes to this tax legislation to
prevent further audits and issues to contractors on this subject?
Specifically, this would involve removing the existing legislative
requirements relating to real property contractors and the PST
legislation and would mean contractors would subsequently purchase goods
with a PST exemption number and charge customers PST on the retail
amount of the product.
That change would ensure, on a go-forward basis, that no further
contractors would be captured by this provision, which, frankly, is
grossly unfair.
[3:00 p.m.]
Hon. C. James: With all of these kinds of tax measures, I think it’s important to
take a look at the principle and the rationale around why they were put
in place in the first place. I think that the principle of this tax
measure, to protect the customer, to ensure that they aren’t paying the
PST unless they’ve agreed to it…. I would not expect that that’s
something that we would disagree with. I think that’s something that I
would expect most members in this House would agree with.
I think this rule has been in place now for 11 years. This law’s
legislation has been in place now for 11 years. As the member
recognized, a lot of public education has occurred. In fact, the vast
majority of businesses know the rules. They know the rules, they follow
the law, and they go through that process.
So if we changed it back now, you’d be again looking at another
round of public education, another round for a vast majority of people
who, in fact, do know the rules and do follow the law and do have their
customers sign off on paying the PST. At this point, as I said, I don’t
think the principle of the tax is something that most people would
disagree with.
Are there opportunities to continue to look at efficiencies and to
look at how to make the process easier or to ensure that the process is
easier for businesses, for others who go through this process? Yes,
always there are opportunities to do that. I would certainly welcome the
member’s approaches around those areas where we could make it
easier.
But to look at changing something that, as I said, has been in
place for 11 years now, has had a great deal of public education around
it and has the vast majority of people following the existing rules
doesn’t make a lot of sense to me.
T. Stone: Well, let’s be really clear here. The rule has not been around for
11 years. The rule has been in place since the HST was replaced with the
PST in 2013. The rule dates back to 2008, but the member knows that the
HST came into place, and this became a non-issue when the HST was in
place. It is only an issue because the HST was replaced with the PST
back in 2013.
I would quibble with the minister’s suggestion that most
businesses are good with this. I think there’s a tremendous amount of
pain and hardship, financial hardship, still being experienced around
the province. I listed ten companies, small businesses, in my riding, of
$1 million. Other members have examples in their ridings.
The chamber of commerce provincially, not to mention all kinds of
chapters, has raised this issue as one of their top priorities because
of the financial hardship that is being realized by these small
businesses. It’s about fairness. The minister acknowledged as much in
her letter to me on December 19, 2017. She’s acknowledged that, you
know, it is true that unless the customer applies for refund, the
government will collect twice the amount of overall tax owed. That’s
wrong.
I would ask the minister on that point: does she think it’s right
or does she think it’s wrong that government could end up being the
beneficiary of double taxation because of how a particular tax
requirement is established?
[3:05 p.m.]
Hon. C. James: I think that the important piece in this is that businesses should
comply. A business should comply with the law that’s in place.
Certainly, as I said earlier, refunds can be issued when the tax
department is aware of it. Individuals have four years to apply for the
refund. Again, it’s very fair in giving them an opportunity to do
that.
We’ve had businesses that have been sharing the application with
their customers to be able to apply for the refund. That’s certainly
another tool that is available to them. But, again, when we talk about
fairness, fairness is making sure that you comply with the law. As I
said, refunds can be issued, so we can also deal with that end for up to
four years.
T. Stone: Well, fairness, I would suggest, is also about making sure that
the law in and of itself is inherently fair. What we’re suggesting here
is that this requirement, which has resulted, in many cases, in double
taxation — in double the amount of revenue being collected by government
than should otherwise be collected — and the government keeping that
revenue, making it, through the way this is structured and the way the
rules provide for, very painful and difficult for small businesses to
recoup some of that double taxation…. That is not fair.
I asked the minister if she thought it was fair for government to
be collecting double the taxation revenue from real property contractors
or not, and she refuses to answer. I’ll give her one more opportunity to
make it very clear to British Columbians and very clear in this House
that, frankly, any tax rule that enables the double collection of
revenue is wrong. It’s not fair.
When we canvassed this two years ago, I suggested a number of
potential solutions. One was, as I just asked again in a previous
question, about just amending the legislation and changing the rule so
that this doesn’t pertain to real property contractors any further. As
part of that, do good by these real property contractors and go back and
make it a priority in the ministry and accelerate the review of these
assessments and ensure that every contractor in this province is
reimbursed in full — the assessments, the fines and the penalties
associated with this particular rule. The minister appears not to be
willing to do that. Fine.
I have also suggested in previous interactions that, as more of an
interim measure, she could look at one solution that would involve the
contractor paying the full amount of the PST applicable on the goods
acquired from the supplier. The contractor would then reimburse the
treasury only for PST rebates charged by each customer. That way, the
contractor would have a chance to remain in business, and the treasury
wouldn’t end up collecting double the revenue.
I suggested previously, as another solution, that another solution
could involve the amount of PST assessed on real property contractors
due to recent audits by a consumer taxation branch. They could be held
in trust by legal counsel. For those customers that do successfully
apply for a refund of PST, the related funds, held in trust, could be
remitted to the treasury. Again, this would ensure that the real
property contractor would not be out of pocket, insofar as the
government receiving double the amount of tax revenue.
[3:10 p.m.]
So one last time, and I’m going to turn it over to my colleague
from North Vancouver–Seymour. In light of everything that we’ve talked
about here today, I’m imploring the minister to take another look at
this. Considering the two years that have passed since we last discussed
this, the two of us, this is still a huge issue for a lot of real
property contractors around the province. It’s inherently unfair and
wrong for these real property contractors to be hit twice, from a tax
perspective.
Could the minister please take one more opportunity here to tell
this House, tell British Columbians, whether or not she feels that this
is fair — that double taxation is fair? If she doesn’t think it’s fair,
is she prepared to change this rule or at least to provide some
mitigation to accelerate the repayment of this double taxation of these
real property contractors?
Hon. C. James: The most important piece to note here is, in fact, if businesses
comply with the law, there is no double taxation. There is no double
taxation. And if the business did not collect the information and didn’t
collect the information from the customer to say they’ve agreed to pay
the PST, refunds can be issued when we’re aware of it.
In fact, as the tax department for the Ministry of Finance, we —
again, when we’re made aware of it and we have the opportunity — want to
be able to refund those dollars. People have four years to be able to
apply for the refund. So in fact, there isn’t double taxation here, if
people comply with the law and if they gather the information. Even if
they don’t gather the information, they still have the opportunity to be
able to say that that didn’t occur, to ask for a refund, and the tax
department is happy to provide that.
J. Thornthwaite: I’m going to be following up on the same vein as my colleague from
Kamloops. I’m advocating for a constituent of mine who has been caught
in this mess.
I’m just going to read you a part of his letter, and then I’ve got
some questions that he’s asked me to ask the minister.
“I have been a small business owner for 28 years of a communication
contracting company. We have eight employees, and if we survive, we will
be hiring more. We are currently being audited by the Ministry of
Finance, PST. The auditor is seeking to double-dip and assess us PST at
the supplier as well. With interest. This would mean a tax bill over
several hundred thousand dollars that would not be recoverable. This
isn’t an expense we can afford and threatens the survival of our
business.”
These are the questions that he has.
“Is the B.C. government okay with one of their branches actively
putting small businesses out of business? If PST is a confusing mess
with vague language, contradictory bulletins and the auditors can’t
answer many questions, how is it reasonable to punish owners for making
an error in the
interpretation when good faith is being
demonstrated?”
Then I have a question for the minister before he asks this
question. Is the minister aware that the auditors get compensated
relative to the dollar amount of the assessment?
Then this is my constituent’s question.
“How is it all ethical or even legal that auditors receive
compensation tied directly to the dollar value of the assessment?
Instead of ensuring businesses are informed and following the rules,
they’re looking for bonuses on huge assessments in as little time as
possible. Before the audit, without seeing a piece of paper and knowing
little about our business, the auditor told me that she will assess PST
on all our purchases.”
[3:15 p.m.]
Then the fourth question:
“The PST has been collected and remitted. How is it reasonable to
demand that it be paid a second time? The ministry knows full well only
a handful of customers will potentially apply for refunds, yet they are
happy to ignore that reality. Why can’t it be handled on a case-by-case
basis?”
Then this is his last question:
“Why does the ministry not pick up the phone or email us if a
customer is claiming we charged PST incorrectly? If contractors have
perfectly legal ways to charge customers PST on real property or it’s
possible we have already refunded the customer directly, then why are
they not obligated to reach out to the contractor to verify if either of
these conditions are in place? Privacy laws should not be relevant, as
we are a party to the contract in question.
“Our customer the ministry refunded PST had no right to claim a
refund, as we had a signed legal contract in place with the purchase
materials that would be paid by the customer.”
Then his last comment to me, pleading me to go to the
minister:
“The prospect of the B.C. government taking hundreds of thousands of
dollars from our business makes me question why I’m struggling so hard
to run a business when it’s all for nothing in the end.”
I did have four questions from my constituent. One was from
me.
[3:20 p.m.]
Hon. C. James: I think, on the first question around auditors being compensated
on the assessment that they bring in or the value, that’s not accurate.
In fact, auditors are BCGEU government employees, and they’re paid a
salary. So that’s not true. That’s the first, most important, piece, I
think, to make sure we put out there.
The question around PST and the misunderstanding, the PST system
being a mess…. In fact, as I mentioned to the previous member, we have
done a great deal of work around public education, around ensuring that
the bulletins are out and doing outreach with groups and organizations.
I think the member acknowledged that himself — that, in fact, there has
been a great deal of public education. But in the end, it is up to the
individual to make sure they are following the law, as it is with other
laws.
We are always available if there’s confusion. We’re always
available, as a tax department, with bulletins and with phone help. If
people aren’t aware of the rules to follow or if they feel there’s some
confusion, they have the opportunity to be able to do that.
I think the other check and balance, of course, is that there’s an
appeal process in place, and there’s always the opportunity to appeal
again. If there are concerns about a specific auditor that the
individuals raise, they can certainly call in. We will take that
information, and we’ll look into it, if there are specific
concerns.
Then on the specific contract issues that the member raised….
Again, the member is welcome to pass those along to us, and we’ll take a
look at them. It’s hard to answer them here without having the contract
in place that the member’s constituent refers to, where he says he has a
contract in place with an individual. Hard to know that unless we see
the contract. So I’m happy to take those issues and concerns and be able
to review them.
J. Thornthwaite: I will take the minister up on her offer, then, to contact her
office and hopefully get to the bottom of this.
S. Bond: Thank you to the minister for accommodating our colleagues. We
will have a few others interspersed throughout the afternoon.
I want to change the topic slightly. I’m wondering if the minister
can provide us with an updated list of concluded contract negotiations
and updated cost increases, where applicable.
[3:25 p.m.]
Hon. C. James: Budget 2019 allocates $180 million to line ministries — because,
obviously, as the agreements are signed, that’s where the dollars go —
over the three-year fiscal plan, to fund all ratified collective
agreements that are ratified by December 31, 2018. Budget 2019 also
includes contingencies to be able to assist with the costs of the
remaining agreements that are not in place yet.
Just to just give the member an idea of the…. I mentioned the
specific costs, but if the member was interested: an increase of 1
percent in total compensation for all employees in the public sector
would be $304 million.
The member asked about numbers. Out of the 330,000 unionized
employees working in the public sector right now, there are 217,000 who
are covered by tentative and ratified agreements under this mandate.
There’s also a list on the PSAC site of those specific agreements that
are in place.
S. Bond: Well, thank you. Could the minister, then, provide us with a
breakdown of the contracts that have been concluded and what the net
increase is for those concluded contracts?
Hon. C. James: As I mentioned, we’ve allocated $180 million to line ministries
over the next three years for the ratified agreements up to December 31,
2018. So that’s the $180 million.
The member will know that in Budget 2019, we also have
contingencies built in for costs for the conclusion of the remaining
agreements. That’s $553 million in ’19-20. For ’20-21, that cost is
$1.183 billion for the concluded agreements, and for ’21-22, it’s $1.827
billion. So in fact, the costs for the agreements are built into the
fiscal plan.
S. Bond: Thank you. I’m not sure why this is not a straightforward answer.
Can the minister name which contracts have been concluded?
Hon. C. James: As I mentioned, these are up on the site, but if the member wants
me to read them into the record, I’d be happy to.
Ratified: community social services, community living; community
social services, general services; community social services, Indigenous
services; the Crowns — B.C. Hydro, Allied Hydro Council; another Crown,
WorkSafeBC, Compensation Employees Union; another Crown, B.C.
Assessment, CUPE Local 1767.
[3:30 p.m.]
In the area of health, we have community health. We have health
nurses. Under health, again, we have the health science professionals.
Under health, we have facilities, and we also have the Doctors of B.C.
Under post-secondary, we have Northern Lights College faculty, which is
BCGEU. We have Okanagan College faculty, which is BCGEU. We have Camosun
College faculty, BCGEU Local 701. For the public service, we have BCGEU
main. Under the public service, we also have the Professional Employees
Association. Under universities, we have the UVic Professional Employees
Association. In K to 12, we have school district 20, CUPE Local 1285,
and under K to 12, we have support staff, school district 81, Fort
Nelson, BCGEU Local 717.
[J. Isaacs in the chair.]
Tentative, ratification still to come: on May 8, resident doctors
and universities, UBC, Local 115. Under post-secondary, again, BCGEU
vocational faculty, common. These are five colleges that belong to the
framework. Again, a tentative settlement on post-secondary education.
Selkirk College faculty, BCGEU, and tentative post-secondary, Coast
Mountain College faculty, BCGEU Local 712.
We have a monetary framework in place, K to 12, support staff,
provincial framework agreement.
Then underway…. Does the member wish me to read the agreements
that are underway as well? No, just the ones that have
concluded.
S. Bond: Thank you to the minister for that.
Can the minister tell us what the time frame is expected to be for
the completion of the rest of the contracts? I think it’s a fairly
compressed period of time. What is the span that is left to finish
negotiations for this bargaining round?
Hon. C. James: There’s about 33 percent left still to bargain. Again, we don’t
set a timeline. Bargaining happens at the bargaining table, and that may
take different amounts of time, based on the negotiations that occur. So
we don’t set a timeline for that.
S. Bond: Can the minister confirm, then, that the contingencies that she
has set aside over a three-year period are almost $3.5
billion?
Hon. C. James: The total amount is $3.563 billion.
S. Bond: Two questions. Can the minister explain how those contingencies
are carried and who they will address in terms of those contingencies?
I’m assuming it’s the overall wage compensation package once they’re all
finalized. Can the minister also identify for us…? If that $3.5 billion
is not required — it is contingencies — does she have a plan for what
she will do with those funds?
Hon. C. James: These funds that were put into contingencies are funds based on
the remaining groups still to bargain and based on the 2, 2 and 2
mandate, because that applies across the board to all employees. Those
funds we expect to be allocated through the bargaining
process.
[3:35 p.m.]
T. Redies: We’re now going to turn to another area of the budget that we have
some concerns about. We talked a little bit about it yesterday. It’s the
real estate market.
Minister, as we know, in the Finance budget, housing starts are
projected to drop 30 percent, from their height at 2017. By 2022,
they’re expected to fall to around 30,500 units. As construction is a
large sector of the economy and drives significant tax revenues for the
province, what is also concerning is that the government is, again,
projecting flat property transfer tax revenues and increasing other
property revenues.
If I can quote Chris Gardner of the ICBA: “The single most
troubling number in the budget was the projected 30 percent drop in
housing starts. Given that construction accounts for nearly 10 percent
of the B.C. economy, this contraction will be widely felt. It
underscores the flaws in an NDP housing strategy that is based on higher
taxes, with little regard for increasing supply, and casts further doubt
on revenue projections.”
Minister, given the substantial contraction in housing starts,
which represents, I think, about 50,000 units over the period that the
NDP have been in government, is the minister sure that she can stand by
her property tax projections?
[3:40 p.m.]
Hon. C. James: Yes, the member is quite correct. The housing starts in B.C. have
declined. They declined in units from 2017 to 2018. But I think the
important piece to remember is that the level still remains above the
historic average in British Columbia. The housing starts are forecasted
to, in fact, exceed the historic average over the short term but also
expected to trend along the historic average.
I think the other important piece, just to take a look at previous
budgets and previous forecasts, is to recognize that, in fact, the
predictions that we have in our budget are actually higher than the
previous four budgets, going back to 2015, when it comes to construction
— expected to be higher.
We have been prudent, based on the Economic Forecast Council’s
projections. Again, as we do with our growth projections, we’ve been
prudent in the housing starts piece as well. They’re expecting housing
starts to trend, and we have, in fact, as I said, taken our estimates
below the Economic Forecast Council.
Again, I think if you take a look at the risks that occur with
speculation in the market, if you take a look at those challenges, the
fact that although, yes, the numbers are down from those high years,
they still are above the historic average of close to 30,000 units,
which again shows strength. It shows a moderation in the market, which,
again, is healthy for both housing as well as for people who need to be
able to get into the market.
And yes, I feel comfortable with the numbers.
T. Redies: Thank you, Minister, for that answer. We already had a housing
affordability problem when supply was up at the 45,000 mark. How does
the minister think a falling supply, which, again, is above the ten-year
average…? How does she think that a falling supply is actually going to
help solve affordability in the province?
[3:45 p.m.]
Hon. C. James: I think the important piece when it comes to housing and supply,
as the member was talking about, is that housing starts in fact are
expected to be higher than B.C. Stats estimate of housing formation over
the next projected horizon. So they do expect the numbers to be higher
than things like in-migration and population increases, etc.
That doesn’t take away the affordability challenges. As we know,
there’s housing available that may not be affordable for people. So it
reinforces the work we’re doing when it comes to being able to look at
affordable housing through our 30-point plan and the number of measures
we have in place there. But, in fact, housing starts are expected to
actually be higher than the B.C. Stats estimate of housing formation
over the horizon.
T. Redies: Thank you for your answer. But we know there is a lot of pent-up
demand for affordable housing. I mean, that’s what we hear every day —
that young people, young families can’t get into the market. So if there
was…. Again, there’s the new family formation, etc., and there’s pent-up
demand. One would think that the housing starts would actually be going
up or at least maintaining their levels.
I guess my question to the minister is: why does she think that
housing starts are actually coming down? Why are builders developing
less condos and townhouses?
[3:50 p.m.]
Hon. C. James: I think I’ll go back again just to reiterate the importance of
taking a look not at the year-by-year but, in fact, the longer-term
trends, because that’s critical when you’re looking. You expect the
adjustments that occur year over year. But even if you looked at those
and took out the spike that occurred in the years — I would certainly
suggest 2017, in particular — where there was a lot of speculation going
on in the market, we are still seeing housing starts above the historic
averages. You are still seeing an increase in housing starts. In fact,
our estimates, as I mentioned, show housing increases over the last five
years of budget. So in fact, we have higher increases when it comes to
five years of budgets.
Given all of that, I think the member knows the market is
adjusting. We can have debates about whether that adjustment is a
positive sign or a challenge, but we are seeing the market adjust. But
even, as I said, given all that, we’re still seeing above historic
averages when it comes to housing starts. I think, in the short term,
you’ll see some variabilities as the market adjusts, but I think it’s
the long-term trends, again, that we’re looking at.
T. Redies: Well, in 2018, the C.D. Howe came out with a study that indicated
that $644,000 of a detached-home price was related to taxation. In fact,
actually, it’s not just the provincial government, but municipal
governments have successively increased taxes on property development in
this province and, I would argue, are actually, probably, the main
culprit in the affordability problem of B.C. That $644,000 represents
about 26 percent of the cost of a detached house, and that percentage is
about the same for a condo or a townhouse. That was before the employer
health tax went in, the $3 million and up school tax and the other
plethora of 19 increased or new taxes that this government has
implemented that are affecting property developments.
The minister also noted that the housing prices are coming down,
and they’re not coming down in a moderate way. They’re coming down very
fast. So we have a situation for developers. You’ve got rising costs of
developments, and you’ve got a market where the prices are coming down.
So the risks for a developer make no sense whatsoever.
Based on this scenario, did the ministry think about this in terms
of…? As they were designing their tax policy and looking to put this in
place and their 30-point housing strategy, did they think about the
impact on developers of these rising taxes in an already highly taxed
situation, on the potential for it to actually result in lower
construction starts? I would argue that’s what’s happening in this
market, not that it’s coming down naturally. It’s coming down because
the economics of development in this province don’t make any
sense.
[3:55 p.m.]
Hon. C. James: I think the first piece I’ll just touch on is the paying attention
to the housing market. The member asked: do we pay attention? Are we
forecasting? Are we taking a look at the trends and the changes? That’s
certainly something…. I think the member has heard me say this often —
how important it is to do that monitoring. Obviously, government doesn’t
control all of the tools and the measures when it comes to the housing
market. Everything from mortgage rates to the dollar to the economy all
impact the housing market. So it’s critical.
I’ve said that from the very start, as we’ve introduced our
measures and our 30-point plan. It needs to be a living document. The
market is adjusting, and it is important for us to pay attention and to
do that monitoring, and that’s exactly what we’re doing.
I think it’s also important to look at national trends and to take
a look at what’s happening to housing across the country. In fact, you
see housing starts in Canada down 16.3 percent compared to the first
three months of the previous year. In B.C., we’re looking at a drop of
7.9 percent compared to the previous three months. Again, you’re seeing
a large drop across the country when it comes to housing. So, yes, you
are seeing the market adjust. There is no question about
that.
I would suggest that that’s a healthy approach for building
long-term, sustainable growth when it comes to housing affordability.
But again, I think we are continuing to actively monitor it. We continue
to pay attention to both outside factors as well as the tools that we
have within our 30-point housing plan.
T. Redies: Clearly, again, the mortgage housing market, etc., is a complex
business, and there are lots of factors involved. But when we’re talking
about the supply, real estate supply and developments, it’s about the
economics. The economics, clearly, in B.C. don’t make any sense. The
costs are continuing to rise because of taxation, and prices are coming
down also because of government policy at all levels of government, not
just this government’s level but also at the municipal level and the
federal level.
Again, speaking about the rest of the country is kind of
interesting, because the minister lauds the fact that the B.C. economy
is growing better than other parts of the country, that there’s job
growth here, etc. So there is, obviously, demand for housing. In fact,
the minister has made that clear many, many times — that one of the
reasons why they’re doing this 30-point plan is because people want to
be able to have homes. Businesses want to have employees who can work
here.
However, if the ministry, or the government, puts in a policy that
basically makes it more expensive for developers to build affordable
housing, condos and townhouses at a time when prices are coming down,
that’s what’s going to drive the supply down.
[4:00 p.m.]
I guess what I’m asking the minister is: why do it this way? Is
the thought process that you’re going to tax developers and you’re going
to take that money, and then government in itself is going to build
affordable housing? Why not reduce the taxation on developers and get
them to build affordable housing? They’re in a much better position to
be able to do that. Why increase taxes on developers? Why not help them
solve this affordable housing crisis instead of what we’re seeing now?
Supply is falling.
Hon. C. James: I think, again, it’s important to note that housing starts are
still above the historic level. You’re still seeing housing starts above
the historic level, which I think is just an important piece to
emphasize.
I know the Minister of Housing, again, will talk a fair bit about
the 30-point plan, but just the pieces that are related to developers.
The member talked about working with developers. In fact, we are working
with developers in a number of different ways, including the work we’re
doing through the housing hub, in partnership with private developers
and others, to look at how we expand the opportunity for the private
sector to be able to get land to be able to build housing, because
that’s often the challenge. That’s part of the work going on in the
housing hub that is occurring that I think is critical to
note.
Then the other challenge that often comes up from developers is
the challenge of different municipalities and different processes they
have to go through when it comes to developments. As we will all have
heard from different municipalities and different developers, sometimes
it can be a one-year process. Sometimes it can be a seven-year process.
Different rules to follow. Different fees in place. The Minister of
Housing has a committee, together with developers, with municipalities,
looking at best practice, looking at how you can streamline those
processes to assist with development.
So in fact, we are working with developers. We are working with
the private sector. We’re working with everyone we can to be able to
look at how we ensure affordable housing is available. We’re using a
number of different tools, as the member knows, when it comes to
building affordable housing, building purpose-built rental housing, as
well, to, again, address some of the affordability issues in the housing
market.
T. Redies: I again agree that the municipal issue and the length of time it’s
taking to progress property developments are a real problem. So I’m glad
to hear that that is happening. But I can tell you, with a bit of
experience in this market, where the government could make real headway
is to reduce the provincial taxation on developers to build affordable
housing. If you keep increasing the taxation on developers, you’re going
to keep seeing the development numbers come down.
[4:05 p.m.]
There’s a tool here for the government to actually start driving
affordability. I hope that the minister thinks about it, because I’m
very concerned when I see those housing starts coming down at a time
when we do have an affordability problem.
I think we’ve had discussions about this in the past, but I’ve
never seen a price problem solved by not dealing with supply going down,
unless we are in the midst of a housing crash, which I very much hope
we’re not. But we are certainly seeing signs in a number of markets in
Vancouver that prices are very, very vulnerable right now.
Minister, I’m going to move on. Again, it’s still within the real
estate area, but it’s more about the property taxes that are being
projected and that. The minister’s forecast is suggesting that other
property taxes, which include the speculation tax, the $3 million, and
up, additional school tax — the list goes on and on — are increasing
from about $2.6 billion in fiscal 2019 to $3.25 billion by fiscal 2022,
which is a $650 million increase in taxes paid over three years, or
roughly a 25 percent increase.
Can the minister break down for us, please, how much revenue is
coming from each new real estate tax? It’s become quite opaque in the
budget. It was a little bit clearer last year when it was first
announced, but now it’s being sort of all put into the big
bucket.
We’d like to know how much is coming from each real estate tax on
this revenue line, including things like the spec tax and the $3 million
and up school tax.
Hon. C. James: While we gather that information, can I suggest we take a
five-minute recess and then come back? It’ll give us a chance to be able
to gather the information the member is asking for as well.
The Chair: The House is in recess for five minutes.
The committee recessed from 4:07 p.m. to 4:17 p.m.
[J. Isaacs in the chair.]
Hon. C. James: Thank you, Chair, for that quick break.
The member asked about the specifics around the property taxes.
I’ve got the information — the member can let me know if there are other
areas — on the property transfer tax, the speculation tax, the school
tax above $3 million and the foreign buyers tax, which are the main
pieces, I think. I think I’ve included everything the member was looking
for.
Again, I’ll just do each of the three years, the ’19-20, ’20-21
and ’21-22. On property transfer tax, $1.9 billion in each of the years.
We had that discussion yesterday, I think, that we have just basically
flatlined that number. Speculation tax, $185 million — again, straight
across ’19-20, ’20-21 and ’21-22. School tax above $3 million, $200
million. Again, that’s straight across for each of the three years. And
then the foreign buyers tax. It’s important to note that this is
actually also included in the property transfer tax. So I’ll give the
breakout for the foreign buyers tax, but that’s actually included in the
$1.9 billion in property transfer tax. That’s $190 million across the
board on all those three years.
T. Redies: Okay. I’d like to now turn to — we talked a little bit about this
— the housing sales and what’s happening in the market. Prices in the
detached home market have fallen 25 to 30 percent, depending on the
area. I’m speaking primarily about the Lower Mainland. I would say, too,
having spoken to a number of realtors in my area, that if you want to
sell your house, you have to drop your price by about 30 percent. But
prices still remain well above what the average person could afford, at
about $1.425 million. Meanwhile, condo and townhouse prices have
remained relatively firm, but they’re also starting to see declines
now.
[4:20 p.m.]
The challenge, of course, is that, with the B-20 rules, it’s still
making it very difficult, from the perspective of affordability, even
with the price changes, for people to buy new homes. And actually, what
we’re seeing now is also getting refinancing, because prices are
dropping.
Given all this, Minister, is it fair to say that the provincial
government and federal government are working at cross-purposes with one
another, with your government trying to drop housing prices
substantially and the federal government trying to prevent people from
getting into the market?
Hon. C. James: It’s an interesting discussion around the outside tools that have
an impact on the housing market. The first thing I’d suggest is that I
don’t think there’s one tool that is having a bigger impact than others.
I think, again, they work in concert with each other, whether it’s
mortgage rules, whether it’s interest rates, whether it’s the economic
situation, etc.
I don’t see the stress test as working in opposition to the work
we’re doing. I think the stress test…. Again, I don’t want to speak for
the federal government. They’d have to speak for themselves. But I think
it has a lot to do with the debt issues and not having people take on
more debt than they are able to manage. That’s, obviously, a concern
that I think all of us have. That’s a different issue than housing
affordability, but they are related, and they could, in fact, work
together, not against each other, because housing affordability is also
about people not taking on huge amounts of debt.
So I don’t see the stress test as working in opposition to the
work that we’re doing around housing affordability. I think, in fact,
there are some ties there as well.
T. Redies: Of course, the challenge is that if you want affordability in a
market like Vancouver, where prices reached, I think, $1.8 million, for
the average person, housing prices would have to fall a substantial
amount. Of course, if they fall by the amount where everybody can get
into the home that they want, we’re going to have a lot more problems
than just housing affordability, as we know, in this
province.
I just want to pursue this a little bit more. I’m sure the
minister is familiar with what happened in the aftermath of the
disastrous 2008 housing market crash in the United States and other
parts of the world, where trillions of dollars basically were lost in
terms of the value of housing markets.
[4:25 p.m.]
Lenders dealing in the United States were forced, by regulation,
to tighten mortgage lending rules, with good reason, frankly, because
there had obviously been way too much predatory lending — and the worst
type of lending, frankly. But in the aftermath, it also made it very
difficult for low and average middle-income folks, even though housing
prices had dropped, to actually get into the market, because the lenders
became so conservative and so bound by their rules that it made it very,
very difficult to even get a mortgage.
One of the concerns I have looking at this current market with
prices dropping, which may be a boon to people who haven’t been in the
market, is it’s not going to be very pretty for the people who are in
the market right now, particularly those who’ve just got into the market
over the last five, six years. Has the minister had any discussions with
the federal government with respect to their lightening up on their
practices? Because we could see a situation where prices deflate, but
just because of B-20 rules and other restrictions, it still makes it
very difficult for people to get into the market.
Again, what happened in the U.S. was it was the wealthy that came
in and scooped up housing, because they had the financial means and the
ability to get mortgages, or they didn’t even need mortgages. So it led
to a much bigger inequality in the United States than what I think
anybody would have expected coming out of that recession.
I guess my question to the minister — a long
preamble — is: has
she thought about this? Has she had any discussions with the federal
government? Is she at all concerned that a similar situation could
happen again here in B.C. where it’s really still just the wealthy who
can pick up housing, and those in the low or middle income are still
kept out of the market?
[4:30 p.m.]
[R. Chouhan in the chair.]
Hon. C. James: I know I don’t need to say this to the member, because I know her
background and the work that she did before she came into the
Legislature, but we have a very different situation than the U.S.,
whether we’re talking about the banking system, the lending system, the
regulations. We’re very fortunate to have a very well-regulated
financial sector in British Columbia. So I think the situation in the
U.S. is, obviously, very, very different than a situation we would face
here.
The member asked whether we have conversations about the rules and
discussion around the federal government’s involvement in the housing
market. Every Finance ministers’ meeting that I’ve attended, certainly
that issue comes up. We have a good discussion about the indicators that
are out there. Usually, the Bank of Canada governor is there as well and
has conversations about what he sees in the upcoming year. So that’s, in
fact, a topic of conversation at every meeting I’ve attended.
Again, because we are in a very different situation, from my
perspective, I am not as concerned about those rules related to the
housing market, but it’s one more tool that we’ll watch. As I said,
we’re monitoring all of the tools that are out there, and it’s one
additional piece that we’ll watch for.
Another important factor. The member mentioned, obviously,
affordability and housing starts, but I think another piece is mobility
within the market. Certainly, anyone in the real estate field talks
about the importance of having mobility in the market so that people who
can afford a more expensive home have the ability to be able to do that,
which provides the opportunity for others to move into their less
expensive home. So it’s not getting rid of the expensive homes, for
example; it’s, in fact, providing that mobility within the
market.
That’s really what we’re looking for. You’re starting to see some
signals, as the member knows. I always say “cautiously optimistic.”
We’re seeing signals on condos. We’re seeing signals on townhomes. We’re
seeing signals on single-family homes moderating, which I think is,
again, a very important signal. We’ve put some of our pieces around the
30-point housing plan in place.
Again, things like student housing — allowing universities to be
able to borrow for student housing — will make a huge difference. When
that housing comes on line, that provides the opportunity, then, for all
of those students to move out of those affordable units in communities
up onto campus, up into student housing, and provides that
back-into-the-pool for affordable housing.
I think those pieces are critical. I think CMHC’s last market
analysis also supported that. They talked about overvaluation coming
down, housing prices in Vancouver moving closer to levels supported by
market fundamentals. So again, all positive signs that we’re taking a
look at and that we’ll monitor very closely.
S. Bond: I have a couple of questions to ask the minister, and then I’m
going to…. We let the minister know that there would be colleagues here
throughout the afternoon. So one of my colleagues will take over after
we go through these two questions.
The minister would know that, historically, many families use the
equity in their homes to help their children get into the housing
market. We now see that sales and prices are falling and fairly
dramatically, particularly in the detached home market. With that
circumstance, many families now find themselves unable to help their
children get into that market. That is a significant concern.
I am sure every member of this House has heard about how important
it is for families to ensure that their children are able to get into
the housing market. So I’m wondering if the minister and her team have
actually contemplated a potential consequence of wiping out significant
equity in people’s homes.
That’s a concern that we are certainly hearing. With the prices
falling, has the minister or her team done any work about the impact on
families who are, frankly, losing equity in their homes?
[4:35 p.m.]
Hon. C. James: The member asked about the ability for parents to be able to help
their children buy a house. I think if the increase in the market caused
all kinds of problems, that was certainly a large problem. There was no
one who could afford to get into the market, never mind provide an
opportunity for their children to be able to get into the market, when
you saw the kinds of skyrocketing prices, the speculation in the market
over the years.
For example, in Vancouver, prices went up in greater Vancouver
76.9 percent between 2013 and 2018. I mean, you are one of the very
fortunate ones if you happened to have a house during that time period.
But that certainly doesn’t provide the opportunity for the vast majority
of people to be able to help their children or grandchildren or others
get into the housing market, when you see those kind of prices. In fact,
the kind of escalation in prices and the rise in prices did cause the
exact challenges that the member is talking about.
Providing moderation in the market and providing an opportunity
for people to get into the market provides more of an opportunity,
whether we’re talking about families or otherwise. We are not there yet.
We certainly know that the challenges exist in the market, but a 76
percent increase in housing prices does not help a family help their
family get into the market.
S. Bond: Thank you for the answer. Having said that, that really wasn’t the
question. The issue is that we now see housing sales and prices falling
dramatically, and people are losing equity in their homes. That’s a
pretty significant and substantive issue, which the minister skirted in
her answer.
Let me bring forward another concern we have, then. We know that
sales and prices are falling. People are losing equity in their homes.
The minister is correct: there needed to be an adjustment in the system.
But now we have other concerns, and that is the loss of
equity.
Secondly, let’s look at young families who actually did manage to
buy a house in the last five or six years. When we now see a 25 percent
drop in housing prices in some markets, that would mean that one in four
mortgages could potentially be underwater on their mortgage. We have
families who are losing equity, can’t help their young people get into
the marketplace.
We also have a consequence that looks at people who purchased five
or six years ago. Now we see a 25 percent drop in housing prices. Well,
guess what. These families are going to have a pretty significant
challenge refinancing their mortgage when they come up for renewal,
particularly under the B-20 guidelines.
Again, we’re talking about loss of equity to the minister. Now
we’re talking about: what are we going to do — or what is the minister
going to do, or what has she thought about? — when it comes to young
people having purchased their home at a peak period in time, and now
they see a 25 percent drop in those prices? Can the minister talk a
little bit about what she and her team are doing to contemplate that
situation for some young British Columbians?
[4:40 p.m.]
Hon. C. James: The most recent numbers. Obviously, the greater Vancouver area….
I’ll use the greater Vancouver area because that’s the area, certainly,
that was the most overheated. It’s not the only area. We’ve got,
obviously, other urban settings in British Columbia that are facing
that. But the kinds of prices you’re seeing in fact show a moderation in
the market. They don’t show a huge drop. They don’t show a crash. They
in fact show moderation.
You’re seeing about an 11 percent drop in greater Vancouver on
average for single family homes. You’re seeing about a 7½ percent drop
in townhomes and a 6.9 percent drop in condos. Again, when you take a
look at the overheated market that we’ve seen, when you take a look at
the kind of triple-bidding that you were seeing in the housing, the pace
of growth, the kinds of challenges that that created in the market,
seeing this kind of moderation, in fact, is a strength — a strength for
our economy and a strength for employers who are looking at recruiting
and retaining employees.
As we know, we have the best unemployment numbers in the country.
That provides an opportunity, obviously, for the need to focus on
recruitment and retention, and housing is one of those key pieces, as
business has been telling us, that we need to address. So in fact, you
are seeing a moderation, and that’s being reinforced, as I mentioned, by
CMHC, by the Bank of Canada, by the rating agencies, when they all talk
about a moderation in the housing market and the adjustment that is
occurring. I think that, again, is good reinforcement for the work
that’s going on.
M. de Jong: Thanks to the committee and the minister and my colleagues for the
opportunity to interject. I wanted to canvass an issue I think is mostly
a good-news story, and probably that’s why I wanted to introduce the
notion and the questions — to hopefully ensure that it continues to be a
good-news story.
The minister will know about the work that has taken place around
the establishment of a cooperative capital markets regulator in Canada.
She will know about the role that the government of British Columbia has
played. It would be remiss of me not to observe that ably assisting the
minister through this process are some people who worked very diligently
to achieve, for British Columbia, a positive reputation, a tremendously
positive reputation, in terms of helping this matter along and trying to
achieve something that has eluded certainly the province but, I suppose
more importantly, the nation for many, many years.
[4:45 p.m.]
In November, the Supreme Court of Canada rendered a decision. I
hope the minister will forgive me. I’m not usually a fan of big
preambles to questions, but it might be worthwhile to set the context
here a little bit. The Supreme Court of Canada rendered a decision on
this matter that upheld arguments advanced by the government of British
from the government of Quebec. British Columbia, I should say, took the
unusual position of not just being an intervenor but also actually
launching an appeal of our own and responding directly as a litigant.
All of which, I think, made sense and, ultimately, was helpful in the
resolution of the matter.
Just to give some context to the issue before the court, it’s
probably wise to consult what the court itself wrote. I’m looking at the
decision. The court, at paragraph 8 in its decision, offered this
background: “Canada is one of the only industrialized countries in the
world that does not have a national securities regulator. This is
largely attributable to the constitutional division of provincial and
federal powers as set out in
part VI of the Constitution Act,
1867.”
Further in that paragraph: “The result is a nationwide patchwork
of provincial regulatory schemes and the absence of a truly national
approach to regulating capital markets.” Later, at paragraph 9, the
court observes: “In spite of this constitutional impediment, however,
various attempts to centralize or standardize the regulation of
securities in Canada have been made for over 80 years.” I guess what the
court didn’t say was “unsuccessfully” over 80 years.
We seem on the verge of changing that. We seem on the verge of
altering a record that has characterized attempts in this regard for, as
the Supreme Court of Canada said, 80 years. The response to that was the
cooperative capital markets initiative, as set out in a memorandum of
understanding negotiated in, I recall, September of 2014. Again, I
cannot understate the tremendous role that officials within British
Columbia played, with counterparts in Ontario and Ottawa, to achieve
that memorandum of understanding.
Here’s what the court, at paragraph 21 of their decision in
November of last year, said:
“The framework of the cooperative system is set out in an agreement
between the federal government and the governments of Ontario, British
Columbia, Saskatchewan, New Brunswick, Prince Edward Island and Yukon,
together the ‘participating jurisdictions,’ which is known as the
‘memorandum of agreement regarding the cooperative capital markets
regulatory scheme,’ the ‘memorandum.’
“This system has four primary components, which are as follows:
(1) Uniform provincial and territorial legislation. The cooperative system’s
first component involves the standardization of provincial and
territorial legislation respecting the day-to-day aspects of the
securities trade. To this end, the memorandum provides that each
participating province is to enact a statute that mirrors the model
provincial act.”
I’ll stop there. My purpose was not to read 90 pages of Supreme
Court of Canada decision, but I think the court accurately summarizes,
there, both the achievement and some of the work that needs to be
done.
I guess the first question for the minister — and I think I know
the answer to this — is: does she and the government of British Columbia
remain supportive of and committed to not just the concept of a national
regulator but the specific model set out in the memorandum of
understanding that was litigated and ruled upon by the Supreme Court of
Canada in November of last year?
[4:50 p.m.]
Hon. C. James: This is certainly something that I know the member had a passion
about and has a passion about and did a great deal of work on. I don’t
need to reiterate the court decision. As the member has said, it ruled
that it was constitutional. Obviously, we’re in support of that
direction, and we’re continuing to work around the table.
We do believe that there are opportunities, as the member pointed
out, for Canada-wide approaches. That makes sense in many ways. So we
are working around that table to look at the timelines.
One of the challenges that I have identified — and I think
probably the member would agree — is that this has been a much slower
process than I think anyone expected when the process was begun. That’s
meant that some of our own regulatory work, which government had hoped
would be able to be done through this process, has had to move ahead. In
fact, because the process is taking longer, another province now has
joined on. Again, that takes some time to have that structure occur. It
just means that we are going to take our focus and make sure that we
move ahead on those pieces while the work goes on.
So yes, we’re still at the table. Yes, we’re involved in the
process. We’re looking at the positives that we believe will occur, but
we’re not stopping our work that needs to be done around white-collar
crime, around making sure that we have a very robust regulatory system
and that that’s all in place. That’s work that we’re going to continue
to do.
M. de Jong: Thanks. That’s helpful from the minister. I take it, then, from
those comments, that the minister is confirming that she and the
government remain committed to the establishment of the cooperative
capital markets regulator in the way envisaged by the memorandum of
understanding of September 2014.
Hon. C. James: Yes, we are still committed. We’re still around that table, as I
said to the member. I think there are certainly some areas where, again,
we want to make sure that the robust work that we’re doing is recognized
around the work that happens at the Canadian level. But those are
discussions that will be ongoing, obviously, as we look at the work
that’s still ahead to develop the market.
M. de Jong: Again, in, I believe, the category of good news, the minister
referred to another Canadian jurisdiction that has signed on. I
understand, just for the record, that Nova Scotia became the sixth
province to join the assembled provincial jurisdictions moving forward
with this.
Hon. C. James: Yes, the member is correct.
[4:55 p.m.]
M. de Jong: The minister may not be able to comment on this, but my
information is that there may be yet a seventh jurisdiction from…. Well,
if I said east of the Rockies, I’d be pointing at all the provinces that
may yet be, in the foreseeable future, signing on. Is the minister able
to offer a general observation in that regard?
Hon. C. James: No. No official word.
M. de Jong: Well, let’s, then, go back to the question of the timeline. I will
acknowledge to the minister…. First of all, I’m very pleased to know
that she and the government remain philosophically and conceptually
disposed to advance this work.
The country has never been as close, if I can use that term, to
actually realizing the objective of creating a national regulator,
which, for a country of 35 million or 36 million people, would seem a
logical thing to do. We heard, in the words of the Supreme Court of
Canada, the acknowledgment that we’re the only industrialized country
that doesn’t have such a regulatory creature.
It’s interesting. The minister was kind, a few moments ago, in
suggesting a passion that I might have had. I’m not sure “passion” is
the right term. It just seems like a logical thing for the country to
do. The amount of time that has been devoted, over the past 80 or 90
years, in the futile effort to realize it…. Hopefully, this Minister of
Finance for British Columbia and the Minister of Finance nationally and
in other jurisdictions can oversee and actually breathe operational life
into the regulator.
In that regard, maybe I can ask the minister…. And I do this all
gently, simply wishing to derive some information.
Hopefully, the minister can use this as an opportunity to
reinforce to the people who are interested…. Look, that’s not the vast
majority of people watching. This is not necessarily the topic of choice
for the great majority of the population. Yet it does, as the minister
has pointed out, in terms of other aspects of securities regulation,
have an impact on the lives of people and their retirement savings and
how their assets are properly safeguarded and managed.
There was an objective at one point to operationalize, to fully
launch, in the fall of last year. That didn’t happen. I’m not assigning
any blame anywhere for that fact. It is a complicated endeavour. But I
understand that the significant missing piece is the finalization of the
model provincial act, the Capital Markets Act.
It’s really a two-part question. Where are we with the Capital
Markets Act, and what is the target date? I’m not asking that question
to trick anyone or to trick the minister. We didn’t get it done by
November, and that’s fine. November has come and gone. What we got
instead was validation from the highest court in the land, and that’s a
good thing. But what is the target date now for the launch of Canada’s
cooperative capital markets regulator?
[5:00 p.m.]
Hon. C. James: I think one of the things that occurred over the last couple of
years has been a number of changes — changes in government in particular
— that have occurred, which have changed the priorities and the timeline
around the work that’s happening through the cooperative capital
market.
The officials involved right now are working on a new timeline.
They’re recognizing that the timeline that was in place previously
obviously has not been met for a variety of reasons in a variety of
provinces. They’re looking at a new timeline, the resources necessary to
be able to look at that timeline.
Once that comes out, our staff will be taking a look at that and
looking at our obligation. That’ll obviously be a discussion for the
ministers, as well, from those provinces. Then we’ll take a look at
putting together our capital markets act.
The other piece that will be needed is the implementation
legislation that will be required as well — again, a very complex piece
of work that will need to occur. That will need to occur along with the
capital markets act to make sure that they’re coordinating with each
other and to make sure the implementation is done well. So there’s still
a fair bit of work to do, and as I said, we’re waiting for the
officials’ work around the timeline and the resources needed for this
next stage, for all of the provinces.
M. de Jong: Again, that is helpful, and I’m obliged to the minister. Maybe my
question, though, to be fair to everyone, is a little bit more about
political timelines and political prioritization.
The minister I think fairly candidly acknowledged that, to a
certain extent, what has influenced this is a change in governments. I
think her words were “changing priorities.” So recognizing that there is
complex work and drafting that needs to be done, what is her
objective?
I think she has been on the job long enough now to know that on a
project like this, none of this will get across the finish line unless
there is a political imperative attached, where the minister and/or the
government say: “Look, our objective is to have this operational by such
and such a date.” I’m hoping…. Then those able staff members and
officials that I have been talking about will say to the minister:
“Well, that’s going to be a challenge for the following reasons.” Fair
enough.
[5:05 p.m.]
What can the minister say to the committee, looking at the months
ahead, about what her objective is for having this work done and seeing
the national regulator, the cooperative capital markets regulator up and
running?
Hon. C. James: This does come back, as I talked about earlier to the member about
the amount of time it’s taken to do this work. A lot of that related to
changes in government, because, obviously, this is a cooperative. The
name speaks for itself. It is a cooperative regulator. Therefore, as
governments change, it’s important for each of the partners around the
table to come and reinforce their support for the memorandum of
understanding for the work that’s going ahead, for the resources that
are needed.
I didn’t speak about the time challenges because of any negatives.
It’s just a reality of having a cooperative and having everyone needing
to be at the table and to be focused on the work that needs to happen
ahead.
So with those delays, it meant that there is work that we believe
needs to be done — and I’ve spoken about this before — updating our own
securities legislation, ensuring that tools are available for
enforcement of that legislation, ensuring that we have a robust
regulatory system.
That’s the first priority of our government, and I think that’s
clear. I’ve said that and certainly spoken to that publicly. That’s our
first priority of work. But the timing is good because, again, the work
being done by officials on resources, on new resources needed and
timelines still needs to occur before we can move ahead on our
legislation.
As I said, we’re still involved in the process. We’re still at the
table. It continues to be something that we’re supporting. We’re moving
ahead with our own work on our own legislation to ensure that our
processes are strong. Then we’ll see the timelines. And then, as the
member knows well, we’ll share and sit down with staff and look at
setting the priorities that we need to, to move ahead on our timelines
that will be agreed to by everyone around the table.
M. de Jong: Well, I hope what follows is a fair question. I think it is. Is it
the minister’s objective — and I use the word “objective” because there
can be any number of intervening forces that frustrate realizing the
objective — to see the uniform capital markets legislation introduced
and passed in British Columbia during the government’s present term in
office?
[5:10 p.m.]
Hon. C. James: I think I would say that my objective is to do it well. If we’re
going to move ahead on it, we need to do it well. We need to ensure that
it meets the needs, the goals as signed off in the memorandum but also
the goals of British Columbia and British Columbians.
Without having a new timeline in place, would I hope that we’ll
see it over the next couple of years? Yes. But given the work that has
happened and given changes in government that may occur over that
timeframe, which may have an impact, again, on the work that’s being
done, I wouldn’t want to set timelines. I think if the government had
set a timeline previously, it wouldn’t have been met, because the work
wasn’t completed, and the provinces still had more work to do to get to
an agreement.
I think the objective is to do it well, to do it right, to make
sure that it does meet the benefits that are there. My hope, certainly,
is that it would happen in the next couple of years, but I wouldn’t set
a timeline. I think it’s important to recognize this is a cooperative,
and it needs all the provinces together to be able to make a
determination on the work that’s being done.
M. de Jong: I won’t belabour the point. I will offer this to the minister. On
a matter of this sort, absent the creation of some timeline objectives
at the political level, these things tend to drag on unresolved. Setting
that timeline doesn’t always guarantee it’ll be met, but it does create
a sense of urgency.
I’m hoping that, armed with further information from those who are
working on the project — I’ll have a few questions about that here in a
moment — at some point the minister will be in a position to say that
she and the government have set as an objective having the cooperative
capital markets regulator operational by such-and-such a
date.
B.C. is a founding mother or a founding father — or whatever the
appropriate term is — and I think the country is looking to British
Columbia to maintain this as a priority. When the memorandum was signed,
the one that the Supreme Court has now ruled very favourably upon,
defying the odds, B.C. was the chair of the Council of Ministers. If one
looks at where the capital markets tend to be headquartered in the
country, that might have been a bit illogical, but it was the result of
national recognition for the role British Columbia was playing. I hope
we can continue to play that role.
I wonder if the minister can advise the committee with respect to
the, perhaps, most important component of this, the capital markets
legislation. British Columbia, as I understand it, was continuing to
co-lead that drafting project with the province of Ontario. Is that
still the case?
[5:15 p.m.]
Hon. C. James: As the member knows, staff were engaged and involved in working on
the cooperatives market, to be involved in that process. Because of the
delay, again, as I mentioned when it came to priorities, we as a
government…. Our priorities are to ensure, as I said earlier, that we
have our Securities Act in a good place to ensure that the changes that
we bring in, yes, will work with the cooperatives market but are also
important for British Columbians.
When the delay occurred, when the timelines weren’t met and the
staff had gone off to do that work, we pulled our staff back to focus on
the work that needs to be done in British Columbia, the changes that
have been made. And they will be engaging back with the process of staff
resources in June of this year.
M. de Jong: I think the minister just answered the second part of the question
I was going to ask: when did the disengagement occur? I believe the
minister has just indicated to me and the committee that the team will
be re-engaging on this project next month.
Hon. C. James: Just to make sure I’m clear with the member. Staff are still
taking place calls. They’re still involved in that work to make sure we
keep up to date with this. But we focused through the summer and fall on
our own work that needed to be done around our securities legislation.
And the member is quite correct. They will be engaged next month back in
providing more resources and more time to work that needs to be
done.
M. de Jong: Does that also include, specifically, work on the completion of
the uniform capital markets act?
Hon. C. James: Certainly, it is one of the pieces that needs to be done. But
again, that’ll be the work plan that’ll come forward from the staff who
are working on that piece nationally — the new timeline, the work plan
and the resources needed. But yes, that’s one piece of the work that
they’ll be engaged in.
M. de Jong: Right. Again, not to belabour, but my recollection and the advice
I’ve received is that over the intervening year and a half, the task of
drafting a uniform provincial capital markets act was assumed or
assigned specifically to British Columbia and Ontario to work on
jointly.
In a moment, I’ll offer the minister an opinion on why that is
important. I think my question is fairly specif