British Columbia Hansard — Thursday, November 22, 2018, a.m., Issue 189 (41st Parliament, 3rd Session)
20181122am-House-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, November 22, 2018
Morning Sitting
Issue No. 189
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Tributes
Jane Smith
R. Leonard
Statements (Standing Order 25B)
Holodomor commemoration
L. Reid
Port Moody Arts Centre
R. Glumac
Peace Seniors Connect and Care
D. Davies
Multiple myeloma awareness
S. Furstenau
Wild salmon
A. Olsen
Mission Youth House
B. D’Eith
Oral Questions
Activities of communications contractor
S. Bond
Hon. J. Sims
J. Johal
Ride-sharing services
A. Olsen
Hon. C. Trevena
Government recordkeeping policies
P. Milobar
Hon. J. Sims
G. Kyllo
Child care spaces
L. Throness
Hon. K. Chen
Compensation to guide-outfitters for moose hunting
reduction
D. Barnett
Hon. D. Donaldson
Orders of the Day
Committee of the Whole House
Bill 51 — Environmental Assessment Act
(continued)
S. Furstenau
Hon. G. Heyman
P. Milobar
Proceedings in the Douglas Fir Room
Committee of the Whole House
Bill 45 — Budget Measures Implementation (Speculation
and Vacancy Tax) Act, 2018 (continued)
T. Redies
Hon. C. James
A. Weaver
S. Bond
THURSDAY, NOVEMBER 22, 2018
The House met at 10:06 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. S. Robinson: Today we have in the gallery two friends of mine, Dave Lundy and
Sheila Gorman, who hail from New Westminster. They’re really good friends,
helping me out, always eager to volunteer. I want to ask the members to give
them a warm welcome.
J. Thornthwaite: I have three very special guests here in the Legislature. I have known
Leanne Watson for quite a long time. She has kindly brought her husband,
Ken, and her daughter, Taylor, here to visit and see the proceedings today.
I ask the House to please make them very welcome.
Hon. B. Ralston: Joining us in the members’ gallery this morning is Henk Snoeken, the
newly appointed consul general of the Kingdom of the Netherlands in
Vancouver. Most recently the consul general was at the Dutch Ministry of
Infrastructure and Environment, where he worked on urban planning, water
management, logistics and sustainability. As many are aware, the Dutch
community is prominently represented in British Columbia, with over 213,000
people identifying themselves as of Dutch descent.
I met with the consul general earlier this morning to discuss trade,
technology and the investment relationship between our jurisdictions. We
also acknowledged the powerful bond that formed between our two nations
during the liberation of the Netherlands almost 75 years ago.
Would the House please extend a warm welcome to the consul
general.
D. Barnett: It gives me great honour today to welcome two gentlemen to this House.
My first introduction is Chief Willie Sellars of the Williams Lake Indian
Band. He’s a young chief, a new chief and works very hard with all our
communities throughout the region and has had nothing but great success
within the Williams Lake Indian Band. He’s also the goalie of the Williams
Lake Stampeders, who are another success in our community. With the Chief
today we have Kirk Dressler, who is the economic development officer and CEO
of the Williams Lake Indian Band. Would the House please help me welcome
these gentlemen.
Tributes
JANE SMITH
R. Leonard: A week ago today at 12:57 a.m., I had the privilege of holding the
hand of a best friend of 42 years as she passed from this world. She
suffered from metastasized breast cancer. She was not only one of my
staunchest political supporters; she was also a very keen friend to so
very many people. She was born Jane Norlie Porter Harris, but she
couldn’t resist the joke of marrying her husband and taking his name so
that she became Jane Smith.
[10:10 a.m.]
I’d like to just read the comments of one of her closest friends,
who she knew for about 45 years.
“Every day Jane put her head, her hands and her heart to good use.
She didn’t just help to rehabilitate drug addicts; she taught others how
to help. Friends treasure her gifts of stained glass, cabinetry and
finely turned wooden bowls. She was a loving helpmate and a business
partner to her husband, Rankin. She was a happy cook, a reluctant
gardener and a doting attendant to a succession of equally devoted
Siamese cats. Jane always had a shoulder, an ear, sage advice and a
carload of canned goods for everyone in need. To say she will be missed
doesn’t begin to describe the loss.”
Statements
(Standing Order 25B)
HOLODOMOR COMMEMORATION
L. Reid: As a woman of Ukrainian heritage, I dedicate my remarks today to
the University of Victoria Ukrainian Students Society. This year is the
85th anniversary of the Holodomor, the Ukrainian famine, which resulted
in the horrific death of millions of innocent Ukrainian children, women
and men.
The term holodomor is derived from the words moryty
holodom , meaning “extermination by hunger.”
In 1932-1933, a cruel campaign of deliberate starvation was waged
upon the Ukrainian people to quash their aspirations of a free and
independent Ukraine. As many as ten million Ukrainians were killed
through a deliberate state-induced famine. One-third of those were
children. This widespread starvation was caused by the seizure of
Ukrainian peoples’ lands and crops. Grain quotas were set, not met, and
the remaining seed confiscated.
In British Columbia, home to more than 203,000 Ukrainian
Canadians, the fourth Saturday of November is recognized as an
opportunity to remember the victims and pay tribute to the survivors and
their descendants, many of whom have helped shape our great province and
educated others about this tragic crime against humanity.
Let us also think of all of those around the world still in
pursuit of human rights, freedom and justice. Ukraine issued
independence in 1991, but to this day, we must continue to stand firm
and safeguard Ukrainian sovereignty.
Canada is home to the world’s third-largest Ukrainian population,
behind Ukraine and Russia, with an estimated 1.5 million Ukrainian
Canadians living across the country. Among them are members of my
family, many who still reside near the family homestead in rural
Saskatchewan. I can tell you that my mom was one of 19 children, so we
are well planted in Canada.
PORT MOODY ARTS CENTRE
R. Glumac: In 1913, the city of Port Moody was incorporated, and the people
of the community came together. They built a beautiful city hall, which
served the city for 85 years. But in 1998, a group of passionate art
lovers came together to transform that city hall into the Port Moody Art
Centre. Today it’s a thriving community institution celebrating its 20th
anniversary as Port Moody’s premiere centre of excellence for artistic
practice, exhibition, education….
Mr. Speaker: Please continue, Member.
R. Glumac: Can I start again?
Mr. Speaker: Yes, you can. Technical glitch.
R. Glumac: Thank you, Mr. Speaker.
In 1913, the city of Port Moody was incorporated and the people of
the community came together to build a beautiful city hall, which served
the city for 85 years. Then in 1998, a group of passionate art lovers
came together to transform that city hall to the Port Moody Arts Centre.
Today it’s a thriving community institution, celebrating its 20th
anniversary as Port Moody’s premiere centre of excellence for artistic
practice, exhibition and education. It offers, in fact, 380 classes
annually in visual, ceramic, theatre and media arts, summer camp and
after-camp programs, and 170 private music and voice lessons.
And 40,000 people a year visit the arts centre to attend free
exhibitions showcasing the work of local, national and international
artists. These include Art for Life, featuring art for and by Port
Moody’s youth, and Winter Treasures, an exhibition-style Christmas
market featuring locally made arts and crafts. The arts centre also
hosts art walks, poetry slams, comedy evenings and much more.
Congratulations to the Port Moody Arts Centre on this milestone
year. I invite everyone to drop in for a visit the next time you’re in
Port Moody, City of the Arts.
PEACE SENIORS CONNECT AND CARE
D. Davies: I’d like to speak today about a local group that we have in Fort
St. John. The group is called the Peace Seniors Connect and Care. This
group was started in 2016 with the goal of being able to connect with
local seniors who had little to no visitors throughout the holiday
season.
[10:15 a.m.]
The group is run by Vanessa Siemens-Ford, Tracy Thompson and Becky
Grimsrud. Currently they have a Facebook group with about 400 members on
it. They work with the Peace Villa extended care facility, Abbeyfield
House, the Better at Home program and the North Peace Seniors Housing
Society.
During the fall, the Peace Seniors Connect and Care puts out a
call to the community to bring in donations such as outerwear, pyjamas,
toiletries, games, puzzles, personal care items and, of course,
chocolates and candies. They have drop-off locations around the city as
well as a drop-off location in the district of Taylor. The donation
deadline for this year is Friday, December 14. Then, starting on
December 15, the real work begins as the group comes together to sort
and wrap all the donations that they’ve received.
When the work is all done, it’s time to party. On December 15, the
group will then head to Abbeyfield to bring the donations and have a
party, so everyone can connect. The Peace Villa care centre will also be
having a party with the group on December 18, and word has it that Santa
and Mrs. Claus will also be in attendance. They also plan to have a
tea-and-treats party at the seniors housing society on December
These get-togethers are the true purpose of this group, to spend
time with those who otherwise might have a lonely Christmas. The smiles
and the sparkles in the eyes and the Christmas joy that this group
brings so many that might otherwise have been lonely throughout the
holidays show the real spirit of Christmas.
MULTIPLE MYELOMA AWARENESS
S. Furstenau: Dad was one of those people who was always healthy. He avoided
colds and flus and, in a 25-year career, didn’t have a single sick day.
He was active and fit. In the deep winter on cold dark nights on our
acreage in Alberta, Dad would run up and down the basement stairs in the
evenings to ensure he got a workout every day. And then something
changed.
For the first time ever, he came down with a terrible feverish
flu. Then he fell and broke several ribs. In his whole life, the only
thing he’d ever broken twice was his nose while playing soccer and
having an unfortunate collision with another player. Suddenly Dad was
not only getting sick and injured; he was also deeply tired, too tired
to be the active person we’d always known him to be. What we didn’t
know, and what I so, so wish we had, was that these changes we saw in
Dad were, in fact, symptoms of a disease that none of us had ever heard
of.
Multiple myeloma is a cancer of the plasma cells that are found in
our bone marrow. These are immune cells that produce the antibodies we
need to fight infections. Each day eight Canadians are diagnosed with
multiple myeloma, but the disease and its symptoms remain relatively
unknown. Bone pain and fractures, fatigue and persistent infections are
symptoms of this cancer, and while it is not curable, it is treatable,
and early detection and diagnosis help to result in better
outcomes.
I wish we had known this in 1999, when Dad’s symptoms appeared. He
was diagnosed two years later, in April 2001, and because access to
therapies was difficult then, as it is today, Dad was not able to get
the treatment that could have prolonged his life, possibly for many
years. He died six months after his diagnosis on October 16, 2001. He
was 61.
Myeloma Canada is working to raise awareness of this disease and
working to improve access to effective therapies. I’m grateful that they
are helping to create better outcomes for individuals diagnosed with
myeloma.
WILD SALMON
A. Olsen: Many times throughout this year I stood in this House and spoke
about the plight of our relatives, the
SĆÁÁNEW̱ , the
salmon. I told the story of their creation through the words of my
uncle, STOLȻEȽ. They were a good
people, a hard-working people that didn’t have an enemy anywhere. They
had no enemies, he said. They worked well with everyone, and XÁLS
appeared to them and said: “The way you are living is good. You have no
enemies, and you work hard, so I’m going to keep you that
way.”
[10:20 a.m.]
He changed them into the
SĆÁÁNEW̱ , the fishes and
the salmon. He sent them out to sea, and they all worked together. He
sent them out to sea as families. They go out to sea as a family, and
they return back home as a family, he said.
Goldstream was an important place for the WSÁNEĆ because it was a place
that supplied a good run of fall chum. My father recently began
volunteering with the group up there. On the day that we visited, they
were excited because there were fish in the river. “We were more
successful in getting broodstock today than we were the entire season
last year,” one of the gentlemen told me.
All of my uncle’s stories tell of a responsibility that we have
for each other and for everything. “You look after them, and they will
look after you,” he says.
This is likely the last time in 2018 that I will get to stand in
this House and talk about
SĆÁÁNEW̱ . As you all
know very well, I have raised the plight faced by our salmon relatives
dozens of times this year. Some steps have been taken to improve their
well-being, and I am so grateful for that. But there is so much, much
more that we can do.
As we head into 2019, I’m expecting this House to start
demonstrating real leadership in this area. My expectations are high
because we have so much to lose. There is no more time for excuses,
deflections or distractions, no more time for politics or games playing.
There is only time for action. They are our relatives, and we have a
duty to them.
MISSION YOUTH HOUSE
B. D’Eith: Recently I had the pleasure of touring MY House in Mission with
the Minister of Social Development and Poverty Reduction. It’s MY House,
which is the Mission Youth House, which is a welcoming place for youth
at risk.
The house provides meals, showers, laundry, counselling, medical
care, advocacy, connections to essential services and programs,
employment support, reintegration into school systems and other
important youth services. Since opening in September 2015, the house has
been accessed 6,591 times by 308 different youth. The house visits are
averaging about 40 a month and ten per day. The average age is about 21,
but the house sees youths from 14 to 24 years of age. It’s important to
note that approximately 15 percent of these youth are
Indigenous.
This safe space operates on an unconditional love approach so that
the youth see MY House as their home and refuge to find loving
connections to caring adults and supports. The collaborative model means
that all supports are available to be accessed through this
house.
This house exists because of the collaboration of many local
organizations that came together, in true Mission fashion, to make MY
House a reality. Special thanks to the advisory group that provide the
18 staff of MY House, Mission Community Services, Greater Vancouver
Youth Unlimited, Ministry of Children and Family Development, Fraser
Valley Aboriginal Children and Family Services Society, Fraser House
Society, the district of Mission, IMPACT Youth and Family Substance Use
Services, youth participants and also many volunteers. In addition to
that, there are 13 other consulting partners that contribute to MY
House.
MY House is an amazing example of what can be achieved when
organizations, government and volunteers work together in our community.
I want to thank them, the partners and the people and the volunteers for
their time in making this important safe place for our youth
possible.
Oral Questions
ACTIVITIES OF
COMMUNICATIONS
CONTRACTOR
S. Bond: Well, two weeks ago the Minister of Citizens’ Services was asked
to explain the many emails between Marie Della Mattia, the Premier’s
office, the NDP party officials and even the Public Service Agency using
private Gmail and B.C. NDP email accounts. The minister promised to look
into these issues and report back.
Well, the minister always thanks the opposition for our questions
and then completely avoids an answer, so here’s her chance. Can the
minister now, two weeks later, tell us why Della Mattia and others are
business?
[10:25 a.m.]
Hon. J. Sims: As I have said previously, Marie Della Mattia is no longer in the
employ of government. She does do some contract work, and when she does
contract work, she uses her email to communicate with people. It is not
out of the ordinary that those who are on contract do not have access to
government emails or are assigned them. She is doing the
work.
You know, my colleagues across the way keep quoting things out of
context out of the hundreds and hundreds of emails that we have handed
over to them out of FOI. I want to reassure them once again that we are
getting this right.
Mr. Speaker: Prince George–Valemount on a supplemental.
S. Bond: Well, no one believes the minister. Let’s be clear. Della Mattia
sure does do some contract work. In fact, she billed taxpayers for eight
hours of work at $150 an hour for a Premier’s office planning session
last April. That sounds an awful lot like government business to
me.
On April 5, she emailed political staff in the Premier’s office
and government communications staff, including Geoff Meggs and Matt
Hannah. The attachments for the planning session include a document
described as “Branding Work for the Premier from the NDP Election
Campaign.”
Why is Della Mattia circulating NDP campaign documents as part of
her taxpayer-funded non-partisan government communications
employ?
Hon. J. Sims: Let me state again that once again my colleagues across the way
are quoting things out of context. Let me assure them that the
individual mentioned does do contract work, does give advice to
government on communications.
As we know, GCPE provides communication support for government, as
it did under the old government. That hasn’t changed. Communications
staff support the work of ministers consistent with the direction and
mandate of the government, and this particular individual gives advice
on contracts. And you know what, Mr. Speaker? That is not out of the
ordinary. Nothing has changed here.
Mr. Speaker: Prince George–Valemount on a second supplemental.
S. Bond: Well, the minister is just dead wrong. When you have Marie Della
Mattia sending information to the Premier’s office, the NDP party
officials and the public service using private Gmail and B.C. NDP email
accounts…. Obviously, this minister does not know her file. That is not
appropriate, and she knows it.
Yesterday the minister promised to report back. Once again,
questions asked, zero answers about Della Mattia’s failure to produce
monthly written reports. The minister just said Della Mattia was doing
her job. Where are the reports?
We know that she did partisan political work, emailing B.C. NDP
accounts and circulating NDP election campaign documents. The minister
must surely understand how inappropriate that is, but the monthly
written reports listed in the contract details are missing.
It’s time for the minister to answer a question. Will the minister
fire Della Mattia for her breach of contract?
Hon. J. Sims: You know, I’m always amazed by the direction of some of the
questions we are receiving on this file. The fact that my colleagues
across the way have the invoices, have the emails is the very reason
they’re able to be up here asking questions.
This particular individual is a contractor. As my colleagues
across the way know, contractors are not required to have government
emails. You know, there’s one thing about this B.C. NDP email: it was an
autofill, it has been pointed out to my colleagues, that drops
down.
Let me tell you, this contractor has filed invoices which included
details on the nature of the work she was billing for. All of these
reports went out with the FOI package, which is why the members opposite
are now asking about it.
[10:30 a.m.]
Once again, the opposition is making things seem something
they are not.
J. Johal: To comply with the law and her legal duty under FOI, Della Mattia
billed taxpayers nearly $2,500 to look through emails in her private
Gmail account. It would have taken a matter of minutes to submit the
requested sent emails had Della Mattia used her government email
account, not 15½ hours charged at $150 per hour.
The minister promised yesterday that she would report back. Why is
Della Mattia billing taxpayers thousands of dollars to go through her
Gmail?
Hon. J. Sims: As I have said, Ms. Della Mattia’s OIC was rescinded on January
15. After that, she was hired to do some contract work. We know that
contractors — this hasn’t changed, folks — typically don’t use
government-issued email addresses. This is the norm across the
government, as it was under the previous folks.
Records prepared by contractors in carrying out government work
are under the control of government and are responsive to FOI requests.
So Ms. Marie Della Mattia did exactly as she was supposed to. She went
through her Gmail, and she submitted those records. Those records were
requested by the colleagues on the other side. They’ve got them, and now
they are complaining that that costs? Yes, it costs.
Mr. Speaker: Richmond-Queensborough on a supplemental.
J. Johal: I want to remind the minister that a government email account was
created for Della Mattia, and non-partisan government staff advised her
to use it. Had she done so, taxpayers would have been spared thousands
of dollars — $150 per hour to go through her private Gmail account. She
insisted on using Gmail. She overruled staff.
Will the minister ensure today that Della Mattia will now use
government email to conduct government business and not her Gmail
account moving forward?
Hon. J. Sims: Let me say once again that this individual is a contractor, does
some contract work with the government. Contractors are not required to
have government email. But the FOI process works, because when the
opposition asked for her emails, they were sent to them. That is why
they are asking the question. The system is working, Mr.
Speaker.
RIDE-SHARING SERVICES
A. Olsen: Ride-hailing services are popular around the world because they
are a flexible, accessible…
Interjections.
Mr. Speaker: Members, we shall hear the question.
A. Olsen: …and affordable transportation option. As members in this chamber
know, British Columbians have been waiting for years for these services
to be allowed to operate in our province.
New technology has always challenged government and society to
adapt. It’s not government’s job to pick winners and losers as
technology empowers new business models and fundamentally challenges old
ones. Instead, government’s focus should be on protecting public safety
and the broader public interest by setting a fair regulatory
environment.
I think the most charitable description for most people’s reaction
to the government’s ride-hailing legislation is uncertainty —
uncertainty about whether this legislation is capable of really seeing
ride-sharing operate in B.C. Interestingly, despite vocal opposition
from the taxi industry previously, we’ve heard almost nothing from them
on this legislation.
My question is for the Minister of Transportation. How does the
minister respond to stakeholders and the public, who are uncertain about
the approach this government has taken and who are concerned that
government has already picked its winner?
Hon. C. Trevena: I’d like to thank the member for his question. What is important
is that we are meeting people’s transportation needs. We’re meeting them
with safety — as the member said, safety is the foundation — as well as
looking at good public policy.
[10:35 a.m.]
We are bringing in ride-hailing. We’re trying to make it right for
B.C., and we’re working collaboratively to make sure that happens. So I
would also like to thank the Third Party for their work on this and
their collaborative nature. They have been willing to talk about
this.
We are using a customer demand–driven approach, based on data.
We’re going to be reducing jurisdictional overlap. We’ve also been able
to learn from other jurisdictions on what works and what doesn’t work
well. Shauna Brail, a ride-hailing expert from the University of Toronto
said: “B.C. skipped right over ride-hailing 1.0, and they’re at
ride-hailing 2.0.”
Mr. Speaker: Saanich North and the Islands on a supplemental.
A. Olsen: People are rightly concerned that the timelines, again, are
shifting. Last year government committed that by 2019, ride-hailing
companies would be able to apply for operation in B.C. Doubt was cast
earlier this week when we started hearing about ride-hailing coming to
B.C. in 2020.
British Columbians have put up with government’s games-playing on
this issue for far too long. The last government notoriously ragged the
puck on this issue. The B.C. Green caucus has submitted legislation
three times that could have been debated. That was never done. It was
ignored. Instead, we got a too little, too late desperate election ploy
from the former minister. The fact that B.C. does not have ride-sharing
services showcases a lack of political will and a failure in our
political system.
My question is to the Minister of Transportation. Will the
minister recommit that this will be the last holiday season that British
Columbians will not have access to ride-hailing services?
Hon. C. Trevena: For years — years — people have been asking for new, convenient
and safe options to get around. We do know that ride-hailing companies
approached the government back in 2012.
I think everybody can agree that it’s unacceptable if you’re
waiting for hours to get a ride home, whether you’ve been to a bar or to
hospital or are waiting at the airport. We know that for many people,
new services can’t come soon enough, which is why we have moved…. As I
say, the previous government had five years; we’ve done more in a year
than the former government did in five.
We have been very clear that this legislation will bring
ride-hailing companies to the market in 2019, offering new services to
people. So we reconfirm: 2019. We are on track to have companies apply
to the Passenger Transportation Board so we have a single regulatory
approach.
Given the interest among all three parties…. I know that the Third
Party and the opposition are very eager to see ride-hailing in B.C. I’m
anticipating unanimous support for the bill that is on the floor, and I
look forward to seeing ride-hailing in B.C. in 2019.
GOVERNMENT RECORDKEEPING POLICIES
P. Milobar: I think we’re starting to see where the Minister of Citizens’
Services is having trouble with our question. She seems to be thinking
that an itemized invoice is the same as a monthly written report
detailing activities.
Let’s go back all of two weeks. Let’s go back to two weeks ago,
when the Minister of Citizens’ Services promised to this House to report
back on the mass deletion of emails of 18 individuals. In fact, the
Minister of Education deleted all but one, single email in May, a month
where there was decision-making happening to approve quotes on at least
a dozen different news releases.
Again, when will the minister provide a full report, which has
been promised to this House, of these improperly deleted
records?
Hon. J. Sims: Let me say that we are following the processes and rules that
exist for keeping government records. You delete transitory records, and
you keep those that are non-transitory. That is exactly what is
happening. We’re not doing anything that isn’t advised to us by
officials, that isn’t part of the training.
[10:40 a.m.]
We know that if you just leave everything in your email…. I don’t
know about you, Mr. Speaker, but I can get hundreds and hundreds of
emails, and most of them don’t really have a lot to do with government
business. Some of them are private, some of them are leading up to
decisions, and some of them are about scheduling meetings, and those
kinds of things. Those get put into my calendar.
This is what I want to say. It is very, very important that
everybody follows the processes we have to keep and dispose of records
according to the Information Management Act. We are committed to holding
ourselves to a higher standard. That’s why we have ongoing training.
That’s why we are cleaning up our emails and getting rid of transitory
emails, because it’s the right thing to do.
Mr. Speaker: Kamloops–North Thompson on a supplemental.
P. Milobar: Well, the minister refers to the act and policy. The reality is
the policy was actually stricter than the act. The minister yesterday
couldn’t explain the decision to change that existing policy that
required ministers and staff to retain all of their sent
emails.
In fact, we know that the Deputy Minister, Don Wright, wanted to
maintain the policy that said — and was in place when this government
took office — that the ministers and their staff must retain all sent
emails. That was the policy Don Wright was recommending stay in place.
But a decision was made to scrap that policy.
To the minister, who is responsible for overruling the most senior
public servant in the province around this policy?
Hon. J. Sims: We have the same question from yesterday, so let me try to give
the answer again. The old government, the people who are sitting on that
side of the House, brought in their directive, a superficial damage
control, after they broke the rules, tried to cover it up, got caught
and a staffer was charged. In fact, the former Premier’s directive goes
against — and I want to stress this — best practice and the advice of
officials. We follow the advice of officials, who are the experts, and
we are advised….
Interjections.
Mr. Speaker: Members, please. We shall hear the response.
Hon. J. Sims: Thank you, Mr. Speaker. I would really like to be able to give a
response that we follow the advice of officials. We are advised that
disposing of transitory emails is critical to managing storage costs and
ensuring the functioning of the FOI system. This was also the advice of
the Deputy Minister to the Premier.
G. Kyllo: This government has a serious problem. The Premier acknowledged
it, claimed that he was profoundly disappointed and appointed Don Wright
to fix it. But there’s been no report, no accountability, and we now
know that Don Wright wanted to maintain the policy for maintaining all
sent emails.
To the minister, who ordered senior staff to delete sent emails
against the direct recommendation of Don Wright?
Hon. J. Sims: I notice that once again, yet again the opposition is selectively
reading sections from one of the thousands and thousands of pages of
emails that have gone out from our government in FOI
requests.
Interjections.
Hon. J. Sims: Just be patient. Just give me an opportunity to answer. I want to.
Let me….
Interjections.
Mr. Speaker: Minister, please proceed.
Hon. J. Sims: I’d like to read out one of the parts they seem to be missing from
what they selectively read out yesterday. This is from the same package,
Don Wright’s actual advice on sent emails.
[10:45 a.m.]
It goes on to say: “Keeping in mind the recommendation of former
Information and Privacy Commissioner David Loukidelis that government
should retain only that which has value in law and policy; for greater
clarity, former Information and Privacy Commissioner Elizabeth Denham,
that the routine destruction of transitory records is necessary to
reduce the volume of government records and the cost of managing
records.” This is the bit they forgot to read out: “Sent emails should
be a priority for careful management to ensure that the records of value
are retained.”
The opposition can continue and continue to selectively read
emails to try to make something that’s not there. We will continue to
follow the rules and focus on making life better for British
Columbians.
Mr. Speaker: The member for Shuswap on a supplemental.
G. Kyllo: Well, Don Wright is the head of the public service. We know that
he wanted to maintain the policy of maintaining all sent emails. As the
minister has just shared with us, apparently he had a change of heart. I
think the question to the minister is, if the minister can share with us
who….
Interjections.
Mr. Speaker: Members, Members.
Member for Shuswap.
G. Kyllo: If the minister would be so kind as to share with this
House….
Interjections.
Mr. Speaker: Proceed when you feel that it’s quiet enough for you to be
heard.
Proceed.
G. Kyllo: Thank you, Mr. Speaker. I think what this House and British
Columbians would like to know, and I hope that the minister can share
this with us, is: who actually directed Don Wright, the most senior
public servant, to change his direction that was initially given to all
staff to maintain all sent email records?
Hon. J. Sims: I’m absolutely flabbergasted that the same question gets asked
after I gave a very specific and detailed answer. My colleagues across
the way keep quoting little snippets out of context. We know what
happens when you take things out of context because you think you’re
having a gotcha moment.
Well, let me tell you…. This is a direct quote from the deputy
minister — from that same kind of email that they seem to be quoting
just a little paraphrase from — where he goes on to say, in that same
email, where it is stated: “Keeping in mind the recommendation of former
Information and Privacy Commissioner David Loukidelis that government
should retain only that which has value in law and policy. For greater
clarity, former Information and Privacy Commissioner Elizabeth Denham,
that the routine destruction of transitory records is necessary to
reduce the volume of government records and the cost of managing
records. Sent emails,” the official goes on to say, “should be a
priority for careful management to ensure that records of value are
retained.”
The opposition can keep taking things out of context and trying to
mislead the House. But let me tell you that the opposition is being
selective and not giving the whole context. It’s very clear the
direction that we’ve done since we have come into government. We follow
the policies that exist for good record management. We listen to the
advice of our officials. You know something, we are getting this
right.
CHILD CARE SPACES
L. Throness: In its February budget, the government made big promises about
child care spaces but the numbers are coming in, and they show that
their child care program is failing.
Let me give an example from Nanaimo. Between February and the end
of October this year, government documents tell us that eight new child
care centres opened in Nanaimo, for a total of 76 new spaces. But the
Ministry of Health also says that double that number closed, for a net
loss of 80 child care spaces.
[10:50 a.m.]
How can the minister be spending $182 million this year on child
care and lose 80 child care spaces in Nanaimo?
Hon. K. Chen: I’m more than happy to talk about the investments our government
is making into child care in B.C. For many years, families have been
struggling to look for high-quality child care spaces and also to afford
child care and early learning opportunities.
The member’s question is about space creation, and we have
committed to create up to 22,000 spaces in three years with our $1
billion budget — to create a universal child care system. To put it in
context, that is more than five times the spaces that the members
opposite, when they were in government, had ever created in five to six
years.
Mr. Speaker: The member for Chilliwack-Kent on a supplemental.
L. Throness: Actually, the B.C. Liberals left 106,000 child care spaces for
this government to inherit. They are spending big money now, but they’re
not creating the spaces. Three groups in Nanaimo applied to be one of
the lucky prototype child care centres in B.C.
Interjections.
Mr. Speaker: Members.
L. Throness: They were all turned down — this is in spite of the fact that this
government has made 80 child care spaces in Nanaimo disappear since
February.
Why is this big-spending child care program failing Nanaimo? Why
did this minister refuse to listen to the child care needs of
Nanaimo?
Hon. K. Chen: Really, this is the first time in history that we are creating a
child care–early learning system in B.C. that will benefit all families
in B.C.
I’m not so sure how reliable the information is that the member
opposite is mentioning here, but we are accelerating the creation of
child care spaces. In fact, since we launched and made sure that our new
spaces funding is way better — we launched the program in June — we have
already received applications representing more than the number of
spaces that we’re targeting for this year. We’re working through those
applications.
I’m happy to share that one of the first applications that we have
approved is actually, for the member opposite, from his colleague’s own
riding in Kelowna–Lake Country. We’re really happy to work with all
members from this House to accelerate the creation of child care
spaces.
We have good news to come. Keep in mind that after years of
neglect from the other side of the House, this is the first time in
history that we are making child care more affordable. There are
thousands of families in Nanaimo that are benefiting from our child care
program through our affordability measures.
COMPENSATION TO GUIDE-OUTFITTERS
FOR MOOSE HUNTING
REDUCTION
D. Barnett: On November 1, I wrote the Minister of Forests, Lands and Natural
Resources on behalf of 13 guide-outfitters who have had their moose
allocations cancelled by this government. The guide-outfitters were told
they would be financially compensated, but neither they nor my office
have heard any word back from this minister.
My question is to the Minister of Forests, Lands and Natural
Resources. When will the minister follow through on his promise to
compensate these guide-outfitters?
Hon. D. Donaldson: The guide-outfitting business and sector is an important sector in
B.C. It contributes to local economies, it contributes to the provincial
economy, and it employs people at a local level. I know it
well.
We are very concerned about the moose populations in the member’s
constituency and across B.C. That’s why we have had consistent
reductions in the LEH, limited-entry hunt, in her constituency — and
under the previous government as well. We are working with the
guide-outfitters. We’re looking at the compensation issue for the fact
that some of these hunts were decreased after the hunts were sold at
trade shows around the province.
[10:55 a.m.]
I also want to mention that we have come to an amazing agreement,
a round-table agreement, with the Tsilhqot’in National Government around
moose management — unprecedented, unheard-of and a demonstration of this
government’s commitment to the UN declaration on the rights of
Indigenous peoples.
[End of question period.]
A. Olsen: I rise to seek leave to make an introduction.
Leave granted.
Introductions by Members
A. Olsen: It’s an honour to be able to stand today and introduce this House to
TSUNUP. Those of you who know me know that I also carry the WSÁNEĆ name, the
Lummi name, TSUNUP. So I am technically introducing you to my brother, who
sits up in the gallery today, along with Shirley Williams. They are from the
Lummi community in Bellingham.
I’m honoured to carry this name along with him and to those sacred
places that we represent.
Would this House please make my brother and Shirley feel
welcome.
A. Weaver: It gives me great pleasure…. Oh, excuse me. I seek leave to make an
introduction.
Leave granted.
A. Weaver: Thank you. It was rather presumptuous of me.
It gives me great pleasure to introduce a group of school children who
are here today from my riding, Maria Montessori Academy. There were 24
children accompanied by two adults and their teacher Rachel Hartsook. They
were in the gallery there during the member statements, and they left after
the first question. They enjoyed their experience. Would the House
retroactively please make them feel very welcome.
Orders of the Day
Hon. M. Farnworth: I call in this chamber committee stage on Bill 51, Environmental
Assessment Act, and in
Section A, I call committee on Bill 45, Budget Measures
Implementation Act.
Committee of the Whole House
BILL 51 — ENVIRONMENTAL
ASSESSMENT
ACT
(continued)
The House in Committee of the Whole (Section
B) on Bill 51; R.
Chouhan in the chair.
The committee met at 10:59 a.m.
The Chair: The House will be in recess for ten minutes.
The committee recessed from 10:59 a.m. to 11:05 a.m.
[R. Chouhan in the chair.]
Section 26 as amended approved.
S. Furstenau: I’m going to ask leave of the House if we can go back to
section
25 for some clarifying questions.
Leave granted.
section 25.
S. Furstenau: In
section 25, it says, “The following matters must be considered
in every assessment” as part of No. 2, but in
section 1, it says: “The
effects of a project on Indigenous nations and rights…must be assessed
in every assessment.” Could the minister clarify the difference between
assessed and considered?
Hon. G. Heyman: For greater clarity in
section 25, I think because No. (1) refers
to rights recognized and affirmed by the Constitution Act, they must be
assessed in every assessment.
Item (2) lists a broad range of matters, including “other
prescribed matters,” which must be considered in every assessment. But
considering may determine that, depending on a particular assessment,
one of them may not apply — in which case, it wouldn’t be
assessed.
S. Furstenau: Our caucus is very glad to see that “greenhouse gas emissions,” in
section 25(2)(h), and “effects on current and future generations” in
25(2)(f), are on this list, but we would have liked to have seen climate
change separated from this list and included as its own section, to be
assessed, like the First Nations rights.
Can the minister explain why this distinction was not made, and
hypothetically, what the impact would be if it were?
Hon. G. Heyman: I think because No. 1 refers to constitutional rights that it
needs to and must, out of respect for the constitutional rights of
Indigenous people, stand on its own.
With respect to greenhouse gas emissions, I’ll say that of all the
matters to be considered in every assessment, greenhouse gas emissions
are tied very specifically to another piece of legislation where targets
are set. It says: “meet its targets under the Greenhouse Gas Reduction
Targets Act.” It is, I would say, impossible to know if that’s the case
unless you had a project that simply everyone agreed had zero
emissions.
S. Furstenau: Could the minister possibly walk us through a case of what would
happen if a project with associated greenhouse gas emissions that would
exceed our provincial emissions reductions targets applied for an
environmental assessment?
Hon. G. Heyman: It’s a bit speculative, but with respect to a project that has
emissions — where those emissions are assessed and would push the
province beyond its capacity to meet the greenhouse gas reduction
targets that are set by legislation — it (
a) must be assessed, and (
b) the recommendations to the minister must deal with the matter. The
minister must consider all of the aspects of the recommendation and,
presumably, give reasons for why a project would be approved.
[11:10 a.m.]
If it did not, if it was assessed as not fitting within the
legislated greenhouse gas emission targets, it would be…. Difficult
would be an understatement, because it would be explaining why the
minister was prepared to violate the province’s own legislation under
the Greenhouse Gas Reduction Targets Act.
S. Furstenau: I think, given yet another report out of the United Nations on the
rapidly closing window on our capacity to act on climate change, these
are very important considerations.
Does the minister think that the government indeed has tools
strong enough to be making these challenging decisions that we must
begin to make in terms of recognizing our essential responsibility to
meet those targets and to reduce our greenhouse gas
emissions?
Hon. G. Heyman: The answer is yes. We are engaged, as the member knows, in
finalizing our climate action strategy. Incorporated in that strategy is
the quantification of both the possibility of emission reductions in a
number of areas through a number of actions, as well as areas where
emissions will go up. That is the job of the climate action secretariat.
We have expertise in-house, there’s expertise out of house, and the
environment assessment office would be able to access both of
those.
S. Furstenau: One more on climate here. Could the minister clarify how
section
25 interacts and relates to
section 29, in particular, with reference to
the climate test?
Hon. G. Heyman: There is a very direct relationship. It’s a purposefully direct
relationship that we had extensive discussion about including — and the
best way to include
section 29.
First of all, the environmental assessment office must consider
all the matters in
section 25. The ministers must consider — and it’s
clearly laid out in
section 29 — all of the elements of the report and
recommendations that go to the ministers. And
section 25 is specifically
addressed: must consider the sustainability purpose and reconciliation
purposes set out in
section 2 and the matters assessed under
section
25(2), which includes the particular sub (
h) that the member has been
speaking to.
S. Furstenau: This is my last question on this section. Did the ministry
consider adding the gender-based analysis plus framework to this list of
things to be considered, or is that represented in
section
25(2)(d)?
Hon. G. Heyman: Yes, we did, and that is specifically referenced in 25(2)(d),
although not by the term the member uses but by “disproportionate
effects on distinct human populations, including populations identified
by gender,” and that’s specifically why it’s included.
P. Milobar: On 25(2)(h), around greenhouse gas emissions, I’m just wondering
if I can get a sense — and for proponents to get a better understanding
as well — in terms of how they’ll be evaluated in terms of meeting the
greenhouse gas reduction targets. If they’re seen as a positive, would
that actually play in their favour towards their application, regardless
of some of the other measures?
The reason I raise that is…. Obviously, large-scale mining
projects will be subject to an environmental assessment, regardless of
what cabinet comes up with other ideas or not. I think it’s safe to say
everyone can agree that the mines would.
We’ve heard from the Leader of the Third Party about the need,
actually, for increase — in this House, not too long ago — about how
much increased mining would have to happen as we transition to more of a
green future.
[11:15 a.m.]
You look at the announcement around EV vehicles just the other day
and the amount of extra copper that goes into an EV vehicle, compared to
an existing vehicle, to try to transition. Obviously, there’s a direct
correlation to that type of a policy, to try to reduce our greenhouse
gas targets, with an increase in demand for copper. And obviously, we’re
a large copper jurisdiction in the world.
There are also all other sorts of materials that we need, either
for wind turbines or other materials, for that transition. So will
mining projects actually be rated as a benefit to help us meet our
greenhouse gas targets within this bill? Or will they still strictly be
looked at, their own footprint, within their operations, not taking that
bigger picture view of the fact that they would actually be creating the
copper to build the electric vehicle that would help reduce the
transportation greenhouse gas emissions?
Hon. G. Heyman: When we release the climate strategy, I think the member will see
that a lot of work has been done to quantify emissions that are expected
over time in British Columbia as well as emission reductions that we
will be promoting and supporting in a variety of ways to meet our 2030
target. So we’re not assuming that there is no industry in British
Columbia or no new industry in British Columbia.
The answer specifically to the member’s question is we would
assess the greenhouse gas output as well as all the measures that can be
taken. The mining sector is a good example of applying technology to
reduce greenhouse gases that otherwise would have been released had that
technology not been used. Their contribution to reducing emissions in
other ways would also be a consideration.
The Chair: Hon. Members, although we previously passed
section 25,
further questions were asked again. The Chair will ask again: shall
section 25 pass?
Section 25 approved.
section 27.
P. Milobar: Just a couple of questions here because 27 came up repeatedly as
we were all the way back in
section 22 yesterday. As well,
section 23
actually interlays in with 27.
At the time yesterday, when I was asking about the skill set
needed for the technical advisory committee in 21 — 21, 22 and 23 all
start to tie in with 27 — the minister said that it would tie in with 27
because the technical advisory committee has a significant role within
But when you read 27, it’s about the proponent is getting in
writing — about the reviewable project…. Within six months, the CEAO has
to…. In (b), it says “provide notice to the proponent (
i) of the results
of the invitation made under paragraph (a),” which is about getting
comment over a 30-day period, and “respecting matters addressed in
advice, if any, provided by the technical advisory committee or the
community advisory committee.”
It seems to me that the ministry yesterday was referencing that
the technical advisory committee would be doing extra work in the
section 27 part of the application process. But it looks like,
essentially, that work would have already been completed, and it’s
simply been provided back to the proponents so they know what the
advisory committee has said, not that they’re actually doing any
additional work at that stage. Am I reading this correctly?
[11:20 a.m.]
Hon. G. Heyman: If I understand the member’s question correctly, he is correct on
both fronts. At the end of the 180 days, if the assessment is going to
go forward, the work of the technical advisory as well as the community
advisory committee will increase, in all likelihood, and continue. But
they may be established prior to that point and also do some work to
help inform the decisions and review that take place before that point
in time. So they’re active in both phases, potentially.
Sections 27 and 28 approved.
section 29.
S. Furstenau:
Section 29(4)(
b) states that the ministers “may consider any other
matters that they consider relevant to the public interest in making
their decision on the application.” The concern is: could this not
undermine all of the important considerations that have been previously
listed under
section 25? I appreciate that the minister requires
flexibility to be able to address unexpected issues as they arise, but
could this be used contrary to the very purpose of the bill? Did the
minister consider adding something to the effect of “consistent with the
purpose of this act” to this section, and what would be the implication
of adding a line like that?
Hon. G. Heyman: Thank you to the member for the question. The short answer is no.
It cannot be used to undermine the purposes of the act or the other
matters that must be assessed, but there may well be situations where
there is a legitimate consideration. For instance, there might be a
project to repair a failing bridge that would require an assessment that
will not be without some significant, adverse environmental impact, but
for which the overwhelming interest of protecting public health and
safety is a balance.
I use that as an example. I’m not predetermining the outcome of
the assessment. But the requirement of the ministers, in making a
decision, is to…. It says “must.” It must consider the sustainability
purpose, must consider the rights and title issues and must consider the
matters outlined in
section 25. All of those were phrased in that manner
to ensure that the purpose could not be thwarted. If a minister
attempted to use one tiny clause to thwart the overall intent of the
act, this gives guidance to the courts in judicial review.
S. Furstenau: Thank you to the minister for that clarifying answer.
Section 29(5) says, “If a recommendation under subsection (2) (b)
(
i) is contrary to consent or lack of consent…” the ministers must offer
to meet with the participating Indigenous nation. Could the minister
clarify the extent of this section, and does he think that offering to
meet is good enough? Why not try to reach agreement or
consensus?
[11:25 a.m.]
Hon. G. Heyman: The member’s point is expressly addressed in (6)(b): “attend the
meeting in an attempt to achieve consensus with the participating
Indigenous nation on the decision to be made by the
ministers….”
Section 29 approved.
section 30.
S. Furstenau: On
section 30, “Mitigation effectiveness reports,” my
understanding is that this is a new effectiveness provision that allows
for effectiveness monitoring to evaluate and work towards the intent of
government goals. Could the minister please explain this a little bit
further and give an example?
Hon. G. Heyman: That’s an excellent question by the member because this is a new
clause, so let me use an example. An assessment certificate is issued
with some specific conditions to ensure the protection of grizzly bears.
Through the mitigation monitoring and reports, it’s determined that
they’re not being effective and that other measures could be.
Section 32
gives, for the first time, the ability of the conditions to be amended
or new conditions to be added to achieve the intended result.
Section 30 approved.
section 31.
S. Furstenau: Could the minister please explain: how does this
section compare
to the existing Environmental Assessment Act, and why the
changes?
Hon. G. Heyman: Thank you to the member for the question. The member is correct
that this provision extends the certificate to not more than ten years
after the issue date of the certificate, as opposed to the current five.
But the current five allowed for an extension. The experience of the
office has been that there often were applications for extension to ten
years. They usually had merit, and they were therefore granted. So we’re
simply reflecting the experience and practice of the office.
S. Furstenau: Ten years, particularly in the rapidly changing world and
landscape that we’re in, does seem like a long time. A lot of key
environmental and social factors could change in a decade. We’ll have
more climate data. Species previously threatened could now be
endangered. So would there be some review required, and should that
review be automatically triggered after five years?
Hon. G. Heyman: That’s exactly, for the member’s information, where sections 30
and 32 come into play. And 32 specifically says, in (5)(c), “in the case
of an environmental assessment certificate that has a deadline specified
under
section 31 (1) of 5 years or more, the fifth anniversary of the
issuance of the certificate has occurred,” and that’s with respect to
reviewing and amending the certificate.
Sections 31 and 32 approved.
section 33.
S. Furstenau: Just one question here for the minister. Could he give an example
of what conditions could be used in
section 33(1) that may transfer the
certificate or order to another person or any conditions the chief
executive assessment officer considers appropriate?
[11:30 a.m.]
Hon. G. Heyman: There is a transfer provision currently in the act, but under the
current process, holders of a certificate or an exemption order are
required to seek permission prior to a transfer. But there is no
specifically legislated process. The environmental assessment office
currently addresses these requests through conditions, which can lead to
uncertainty.
This just clearly states that the chief executive assessment
officer may transfer the certificate with conditions and that the
application must be made in accordance with the requirements that are
set for such an application. So it codifies in the legislation the
process.
Section 33 approved.
section 34.
S. Furstenau: Just one…. Could the minister define and explain the difference
between a “partial class assessment” and “full class
assessment”?
Hon. G. Heyman: Thank you to the member for an excellent question of
clarification.
I’ll give an example that I hope answers the question. Let’s take,
for example, wind farms as a particular class that could be established.
Many of the impacts of wind farms are common everywhere, no matter where
they’re sited. They’re well known. Others are specific to the location.
The process may be set up in such a way that for those aspects of wind
farms where the impacts are predictable and known and the same, it’s
easier and speedier to assess those.
Whereas other aspects would need to
be done more fully.
A full class assessment would simply be everything.
Section 34 approved.
section 35.
S. Furstenau: This is a
section on regional assessment. Could the minister
please explain what would trigger a regional assessment, and why weren’t
the triggers included in the legislation?
Hon. G. Heyman: Thank you to the member for the question.
Regional assessments are included here because they’re important,
and the
section enables us to create regulations that can provide the
specificity that the member seeks — but which we currently don’t have,
frankly. We will consult broadly as we develop the
regulation.
[11:35 a.m.]
These regional assessments are going to be tied to land use
planning, which is a process that’s under review by my colleague the
Minister of Forests, Lands, Natural Resource Operations and Rural
Development. Let me try to give an example, though. One of the places
where a regional assessment might be considered would be a region where
there has already been very heavy development, which means that the
impacts of new development will be heightened, and the effects of the
regional assessment would have to be taken into account. It might be an
area where a species at risk has been identified, a region, so the
regional assessment would cover some matters that could be included and
considered here.
S. Furstenau: Thank you to the minister for that. Would it be possible, for
example, for the community advisory committee to ask for a regional
assessment or to have it triggered in that way? I expect maybe the
minister will say that would have to be determined in regulations, but
I’m just curious.
Hon. G. Heyman: Although a community advisory committee would be appointed with
respect to a particular project, there would be nothing to preclude them
from recommending or requesting that a regional assessment take place
because of the reasons, for instance, that I outlined
previously.
S. Furstenau: The minister spoke about consulting broadly on the development of
regulations. Could he be a little bit more specific on who he
anticipates consulting on developing the regulations pertaining to
regional assessments?
Hon. G. Heyman: This is an area where we would want to coordinate, in the
interests of efficiency, the regulation development and consultation in
collaboration with my colleague who has responsibility for land use
planning. Generally speaking, our intent would be to have a broad
consultation, including Indigenous nations, the public, local elected
officials, environmental groups, other interested parties — industry, if
I didn’t mention them; I think I did — similar to what we did in the
construction of the act.
Section 35 approved.
section 36.
S. Furstenau: Just one question here. Could the minister give an example of how
and when
section 36(3) could be used?
Hon. G. Heyman: This isn’t an area where it’s easy to get very specific, but the
chief executive assessment officer and the environmental assessment
office are closest to the range of issues, particularly because they’re
monitoring the consultation and engagement that arise in the course of
an assessment.
They are not policy-makers; they’re policy takers. So if the chief
executive assessment officer identifies areas where there is a lack of
that point that they would refer the matter to ministers for
clarification.
Sections 36 to 39 inclusive approved.
section 40.
[11:40 a.m.]
Hon. G. Heyman: As the members will know, this
section is subject to an amendment
that is now included on the orders of the day.
SECTION 40, by deleting the text shown as struck out
and adding the underlined text as
shown:
Project information centre
(1) For the purpose of facilitating public
access to information , data and records relating to assessments
conducted under this Act, the project information centre is continued
and must is to be administered and maintained by
the chief executive assessment officer.
(2) The chief executive assessment officer may
determine
(
a) which information, data and records or classes of
information, data and records relating to any matter under
this Act are to be available to the public through the project
information centre,
(
b) in which form or format the records or classes of records
are to be available, and
(
c) the time during which the records are to be
available.]
On the amendment.
Hon. G. Heyman: I just wanted to speak briefly to the amendment. Again, I thank
the House Leader for the Third Party for her contribution in discussions
around exactly what we meant by this
section in response to some
concerns that had been expressed that it was not complete with respect
to ensuring public information and transparency.
So what we have done in this
section is add “data” to “information
and records.” Even though we believe that “information and records” is
pretty complete, we want people reading the act to also know fully
what’s encompassed.
The purpose of this
section is clearly laid out. It says: “For the
purpose of facilitating public access to information….” That is the
guiding principle of this section. It also says that the project
information centre is continued — that’s an existing centre — and must
be administered and maintained by the chief executive assessment
officer.
Amendment approved.
section 40 as amended.
S. Furstenau: Thank you to the minister for the amendment and for some of the
clarification. Just a little bit more on this. There remains flexibility
built in, in terms of the chief executive assessment officer may
determine which records in which format and the time. Is it too
constraining to be more specific on that? Or how can the public be
growing their trust in this if there is that built-in
flexibility?
Hon. G. Heyman: There are two things that direct this and should give the public
complete confidence. The purpose of the language that the member
referenced is to simply say that in some cases, the chief executive
assessment officer may determine that some information must be
displayed. There’s a certain time frame in which it’s most
relevant.
What guides the duties of the chief executive assessment officer
here are two things. One is in
section 2(b)(i)(B), which is the purpose
of the office. It guides the legislation. The purpose of the office is
to facilitate “meaningful public participation throughout assessments.”
Obviously, meaningful public participation cannot be facilitated without
information.
Again, in sub 40(1), it says: “For the purpose of facilitating
public access to information, data and records….” So those are the two
purposes that guide the actions of the chief executive assessment
officer and, again, are testable.
Section 40 as amended approved.
Sections 41 to 46 inclusive approved.
section 47.
S. Furstenau: This is the
section “Assessment costs may be recovered.” Does the
minister have a sense of an expected cost range? Would proponents know
what to expect in terms of costs? How does this compare to the existing
Environmental Assessment Act?
[11:45 a.m.]
Hon. G. Heyman: Currently the average cost for an environmental assessment is
about $150,000. Cost recovery currently is typically around 10 percent
of that. We can’t say at this point what we will end up with. We need
some experience with the act to determine what costs will be. We also
need to consult to determine a fair formula for proponents to help guide
what we will ultimately apply. But the intent is certainly to recover
costs.
Section 47 approved.
section 48.
P. Milobar: On 48, given that there are some new timelines set out and there’s
the front-end work being done in terms of the project description — and
some of those works, my understanding is, especially in relation to
Indigenous nations, trying to get a bit more of the cultural heritage
and feel for an area at the front end — would those types of works and
timelines be part of participation costs? Or is it only after the
proponents got into the actual system?
Hon. G. Heyman: It’s only when the process is in the system, because this
section
only pertains to an assessment.
P. Milobar: So was there not thought given to the front-end side? Again, when
I think back to my own community’s situation, it was several years in,
at great expense, where a lot of that work with the area First Nations
was flushed out. The proponent, in that case, was helping front some of
those costs.
For a lot of First Nations, that type of work, if they’re expected
to come up to their own determination on the front end, could be very
cost-prohibitive from them actually truly participating in a meaningful
way. It then creates the situation of frustration, potentially, for that
Indigenous nation, where they have to, after the assessment’s started,
then raise these same concerns that they could’ve raised on the front
end, which was supposed to be trying to save time and aggravation, but
they weren’t able to afford to do those types of works. Why was that not
considered as part of this?
Hon. G. Heyman: We recognize that there will be additional costs and burdens on
Indigenous nations to participate in this work. We are ultimately
looking at funding assistance throughout the entire process. We’re still
working on the mechanisms to do that, but we don’t expect that
assistance will not be given.
In terms of the funding for that, I addressed that earlier.
Currently some of it comes from government. The large majority of it
comes from government. We are trying to look at a fair system that
doesn’t place unfair burdens, certainly, on Indigenous participation or
on proponents but that can ultimately fund these processes going
forward.
[11:50 a.m.]
P. Milobar: Participation costs — I can understand that, in terms of capacity
within First Nations, Indigenous nations, to be able to fully
participate in a meaningful way. Again, I think of my Kamloops
experience with a mine application. That’s a natural resource mining
project on the outskirts of a large setting — although under PR, we’re
not sure if it’s urban or rural yet, but that’s another
story.
However, there wouldn’t be many communities, I think it’s fair to
say, that would be surrounding natural resource projects of a larger
scale, that would actually have the resources that a city the size of
Kamloops would actually have. They’d all be smaller centres — smaller
towns and villages and the like.
Why was there no mention of participation costs being covered off
for those same communities, like an Indigenous nation? They’re going to
be rural. They’re going to be remote. They’re going to have a hard time
paying to participate in a meaningful way. Yet they’re mentioned, as
being referenced in here, as being allowed to participate under this new
process if they so feel they’re impacted. But they seem to be expected
to pick up the full cost of those exact same participation costs that an
Indigenous nation would not be.
Hon. G. Heyman: Our intentions paper sets out that a program for public
participant funding is planned, with details subject to further
engagement. In addition, there is expressed provision in the act for the
costs of participation on community advisory committees, which would
include, as I’ve mentioned, both local citizens, potentially, and local
government officials to have costs covered.
Noting the hour, I move that the committee rise, report progress
and ask leave to sit again.
Motion approved.
The committee rose at 11:52 a.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was
granted leave to sit again.
Committee of the Whole (Section A), having reported progress, was
granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:53 a.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 45 — BUDGET MEASURES
IMPLEMENTATION (SPECULATION
AND VACANCY TAX) ACT,
(continued)
The House in Committee of the Whole (Section
A) on Bill 45; S.
Chandra Herbert in the chair.
The committee met at 11:03 a.m.
Sections 43 to 53 inclusive approved.
section 54.
T. Redies: This relates to tax credits for residents of British Columbia. Can
unused portions of this tax credit for British Columbians be carried
forward, and why?
Hon. C. James: Thank you for the question. No, they cannot be carried
forward.
T. Redies: Can the tax credit for other Canadians be carried
forward?
Hon. C. James: Yes, it can.
[11:05 a.m.]
T. Redies: Can the minister explain why there is a discrepancy? Given that
discrepancy in carrying forward credits, doesn’t this leave British
Columbians more exposed to the tax from appreciation in property value
than out-of-province taxpayers who have B.C. income?
Hon. C. James: I think the best way to describe the difference, really, is that
it’s two completely different models. One is based on the credit, which
is the $2,000 credit on the first $400,000 of value. For foreign owners
and satellite families, it’s based on income. The credit they get is
based on income. So two very different approaches.
For the foreign owners and satellite families — and I know the
member will have seen it in the sections — it’s capped so that foreign
owners and satellite families can’t ever be better off than British
Columbians. That’s taken care of in the model of the credit that comes
based on income.
T. Redies: How many British Columbians are expected to claim this tax
credit?
To add a question to try and make this more efficient, this
provision also effectively exempts second homes under $400,000. However,
aren’t these the types of homes, affordable homes, that the minister
would want to be made available through this tax?
[11:10 a.m.]
Hon. C. James: The straightforward answer is that every B.C. resident who is
subject to the tax would get the credit. It will be there for them.
Again, it goes on the first $400,000. Every resident would be eligible
for the credit.
A. Weaver: Just a quick question. I would like to, in the
preamble to the
question, say that on the previous sections I did not ask any questions
to speed this process up. I’m assuming that the minister, in her
response, will be open to me providing specific examples to get some
sense as to whether or not these general areas are included in the
intention of the network, similar to what I was doing in earlier
questioning.
The question I have on this section. Let us suppose — and I
checked on realtor.ca, and in fact these are real cases that can exist —
that there is a person who owns a $300,000 one-bedroom condo in Burnaby.
There is precisely one for sale under $300,000. They also own a vacant
one-bedroom home in Victoria for $200,000. Yes, indeed, you can get a
$200,000 one-bedroom in Victoria. So the total cost is $500,000 for
these two condos owned by an individual who may live in Quadra Island,
say, and they have two because they work in different areas.
May I assume that the tax credit, the $400,000, would apply to the
collective of the two properties, rather than only having to be applied
to one’s individual property?
Hon. C. James: That is correct.
T. Redies: I don’t think the minister answered my second question, so I’m
going to pose it again. The provision effectively exempts second homes
under $400,000. However, we presume, with the policy direction of this
government, that these are the types of affordable homes that the
minister would want to be made available through this tax. So is there
not a contradiction in practice and policy here?
Hon. C. James: I think the principle of fairness throughout this has been
applied, as the member knows, whether it comes to the exemptions or
vacation homes or looking at ensuring that 99 percent of British
Columbians are not impacted by the speculation tax. That’s part of why
we looked at the $400 thousand — again, an issue of fairness.
T. Redies: In terms of the function of this tax credit, does it write off all
or part of the balance owed by an affected B.C. resident, or does it
come as a rebate after they’ve paid their initial speculation tax
amount?
Hon. C. James: Again, I think it’s important to recognize that this isn’t income
tax. When someone does their self-declaration, that amount would be
automatically credited off the amount owing, and they would get a tax
bill based on that.
T. Redies: The minister initially said that there were 20,000 B.C. residents
who would be affected by this tax. Can she confirm that tax revenues
would therefore be down $40 million as a result of the
credit?
Hon. C. James: It’s already net. The revenue is already net of the
credit.
Section 54 approved.
section 55.
[11:15 a.m.]
Hon. C. James: I move the amendment to
section 55 standing in my name on the
order paper.
SECTION 55, by adding the following
subsection:
(2.1) If an eligible taxpayer is, for a calendar year, an owner
of a residential property who is subject to a rate of tax under
section
16 [lowest tax rate – specified Canadian citizens and specified
permanent residents of Canada] ,
(a) subsection (2) (
b) of this
section does not apply for the
purposes of determining the eligible taxpayer’s maximum tax credit in
respect of the residential property, and
(
b) the eligible taxpayer’s maximum tax credit in respect of the
residential property is nil if subsection (2) (
a) does not apply to the
eligible taxpayer.]
On the amendment.
A. Weaver: This amendment is necessary as a consequential amendment to the
lowering of the rate for Canadians to 0.5 percent. That amendment was
done earlier and has, indeed, passed. It’s used to create a maximum tax
credit for Canadians who are not residents of B.C. But this formula only
makes sense if they are paying a higher rate. The amendment clarifies
that the formula does not apply to Canadians. This amendment is required
now that they are fully paying the same rate as British
Columbians.
Indeed, I will be supporting this amendment.
Amendment approved on division.
Section 55 as amended approved.
Sections 56 to 66 inclusive approved.
The Chair: Shall sections 67 to 127 pass?
A. Weaver: If I might ask for just a second that I might look through those.
There are a lot of sections. Rather than say yea or nay, if you’d bear
with me for a second.
The Chair: We’ll just take a moment here. Members, I’ll just slowly work
through each
section until I get indicated by the member.
Sections 67 to 127 inclusive approved.
section 128.
A. Weaver: I believe that in this section, government should be introducing
an amendment.
The Chair: Minister on
section 128 with an amendment.
Hon. C. James: It’s an amendment for a new
section after
Section 128 approved.
Hon. C. James: Thank you, Chair, for indulging us.
I’d like to move an amendment, again on the order paper, to add a
new section, 128.1, standing in my name on the order paper. This
section
would read:
SECTION 128.1, by adding
section 128.1 to
Part 8:
Administrator to keep information for each regional
district
128.1 For the purposes of
section 9.7 (4.1)
[Housing Priority Initiatives special account] of the
Special Accounts Appropriation and Control Act , the
administrator must keep the information the administrator considers
necessary to advise the minister of the total of the amounts received by
the government under this Act, in each fiscal year of the government, in
respect of each regional district that includes a specified
area.]
This relates to — I know we’ve had this discussion — the housing
dollars being spent in the regions that the tax is coming
from.
On the amendment.
A. Weaver: Again, just to rise and speak in favour of this, this amendment is
actually consequential to an amendment that will be tabled later and
that has been standing in the minister’s name on the order paper. It
will require that revenues collected through the tax be spent locally in
the area that they were collected from, and it requires the
administrator to maintain information related to the actual amounts
collected in the area. This is connected to and enables the paying of
these amounts that are proportional to the amounts collected in the area
to the area that they were collected from.
T. Redies: I’d like to ask a clarifying question on the
section if I can. The
money that is going to be spent in the municipalities — is that
incremental to any other money that is going to be spent on affordable
housing in those municipalities it was already planned for?
[11:20 a.m.]
Hon. C. James: I think the important point here is it doesn’t go into
consolidated revenue. It goes into the special housing account and will
be accounted for in those regions. The dollars will be accounted for in
those regions.
T. Redies: Just a clarifying question again. When I asked about it being
incremental, is it incremental to existing payments that the government
is making, for example, under the SAFER program — any amounts of money
that are actually being directed towards supporting those on low income
today? Also, will it be incremental to any already announced rental
projects that are designated as affordable housing at this point in
time?
Hon. C. James: Programs such as SAFER, etc., come out of consolidated revenue.
They don’t come out of the special housing fund. The housing fund is for
housing. So that money will go into the housing fund and be used for
housing. We wouldn’t be counting it towards those other programs that
the member mentioned.
Amendment approved.
Section 128.1 approved.
Sections 129 to 137 inclusive approved.
section 138.
Hon. C. James: I move the amendment to
section 138 standing in my name on the
order paper:
SECTION 138 (1) (c), by deleting the text shown as
struck out and adding the underlined text as
shown:
(
c) for the purposes of paragraph (
m) of the definition of
“specified area” in
section 1, prescribing an area as being
excluded from being a specified area referred to in
paragraphs (
a) to (
j) of that definition;]
On the amendment.
A. Weaver: I’ll just be very quick. This amendment is connected to the
amendment in
section 1. It clarifies that the minister may prescribe,
through regulation, an entire area, not only part of an area, that is
now in the tax to be exempt from the tax. As currently worded, it’s
unclear whether an area can be exempted or only part of an area. This
amendment removes any ambiguity on this point.
As I said before, clarity of this piece is important. It’s part of
the purpose of the annual consultation with mayors. It’s for them to be
able to make a case to have their area excluded if they feel it’s in
their community’s best interest. This amendment makes it clear that in
response to a mayor’s concern or another circumstance, the minister is
able to remove an entire area from the tax. So it’s an important
clarification.
S. Bond: I can assure you what would have provided more clarity was if we’d
actually had the opportunity for communities to opt out. This does not
provide clarity. What it provides is a wishful thinking opportunity.
They’re going to have a meeting. They’re going to go and talk to the
Minister of Finance. I’m sure that somehow the Leader of the Third Party
will be there claiming credit for the meeting. The fact of the matter is
this doesn’t provide clarity. This provides an opportunity that maybe,
somewhere down the road, they might actually get the chance to opt
out.
We’re going to vote against this amendment because, as we’ve said
from the beginning, four days ago…. Municipalities want an opt-out
clause. They don’t want to know whether they’re in a region or out of a
region and have a meeting. They want the ability to opt out. So we’re
going to vote strenuously against this amendment.
[11:25 a.m.]
Hon. C. James: I’ll be speaking in support of the amendment. I think it’s
important to note that, as we’ve gone along, we put the principles out
in February and then said we’d take the opportunity to look at the
refinement and listen to people.
I recognize that the members on the other side don’t support a
speculation tax and are against it. But we have in fact, I think, shown,
through this process, the listening opportunities that were there, the
changes that have been made, the introduction of the exemptions and the
changes that have been made with the Third Party as well.
I think we have, in fact, shown the discussions that have occurred
with the development community and that those discussions have brought
forward reasonable approaches to bringing forward this tax. That will
continue, and I look forward to the opportunity to meet with the mayors
in a formal sense but also any time during the year when they feel that
there are issues they wish to bring forward.
Amendment approved on division.
Section 138 as amended approved on division.
Section 139 approved.
Hon. C. James: I table an amendment. I make the amendment to
section 139.1 — so
we’re adding an additional
section — standing in my name on the order
paper. As we talked about with the amendment earlier, this speaks to a
meeting with the mayors.
SECTION 139.1, by adding
section 139.1 to
Part
11:
Annual consultation with mayors
139.1
(1) On or before December 31, 2019, and
once every year after that, the minister must conduct a consultation
with the mayors referred to in subsection (2) about the
following:
(
a) the tax;
(
b) the definition of “specified area” in
section
(
c) the factors referred to in
section 139 (2) (a).
(2) The minister must invite, to participate in a consultation
referred to in subsection (1), all of the mayors of municipalities that
are, in whole or in part, specified areas.
(3) The minister must report to the Executive Council in respect
of each consultation conducted under subsection (1).
(4) A review under
section 139, including recommended amendments
under that section, must take into account the results of a consultation
conducted under subsection (1) of this section.]
As I said earlier, I look forward to this formal meeting where the
mayors have the opportunity, as they’ve done, to come meet with me other
than that. But this will be a very formal process with the reporting
out.
On the amendment.
A. Weaver: I rise to speak in support.
Very briefly, this amendment requires the mayors from affected
municipalities to be consulted annually by the Minister of Finance on
how the tax is affecting their communities. This annual review of the
tax with mayors will give communities a clear channel to making a case
based on evidence for how the tax should apply to their communities and
whether they should be excluded. The minister will also be required to
report the results of the annual review to cabinet to make a decision on
whether the tax should continue to be applied in each area.
While I would have preferred for local governments to have the
ability to opt out automatically, this is a compromise position I felt I
could support, and it gives the mayors a clear pathway for making a case
for how this tax should apply to their areas going forward.
S. Bond: No one in this room or beyond here is going to be surprised when
we are not going to support this amendment.
The Leader of the Third Party talks about it being a compromise.
It certainly is. It’s a compromise for communities in British Columbia
that thought there was going to be a proposal supported around an
opt-out or, even more strenuously, that this bill wouldn’t see the light
of day, because not only were the official opposition opposed to it; so
was the Leader of the Third Party, in a very vociferous
manner.
From our perspective, this would be considered a tweak. It is not
a substantive change in what should occur. Having a meeting is hardly
comparable to having the opportunity to opt out once a resolution has
been passed. As we’ve pointed out, this is a blatantly unfair,
ill-thought-out tax that targets certain communities, seniors and others
in certain parts of British Columbia.
We’ve already seen the negative impacts of the speculation tax
with projects being put on hold. And in fact, the Leader of the Third
Party has spent most of his time reading into the record dozens of
concerns and complaints from British Columbians who have no idea what is
going to happen to them under this tax. From our perspective, that’s
simply not fair.
The way that that could have been clarified…. Every one of those
cases could have been sorted and could have been dealt with, and we
wouldn’t have had to have them one at a time. I can hardly wait for the
Finance Ministry to figure out how they’re going to deal with every
single request that has come to our desks over the last number of
months.
[11:30 a.m.]
This is a compromise. From our perspective, it’s a compromise that
the Leader of the Third Party made. It is not a compromise that is
acceptable to the mayors of the communities that are captured. It is not
acceptable to the official opposition, and we are going to vote in
opposition to it.
Amendment approved on division.
Section 139.1 approved.
The Chair: The member for Prince George–Valemount on
section
S. Bond: No, 139.1. I’m going to move an amendment to the amended
section.
I know that one of the things the Leader of the Third Party has
talked about is that this is a compromise position. This is a chance for
mayors to come in and have a conversation.
We’d like to make that mayors’ meeting…. While we oppose it,
because we would rather have an opt-out clause, I would like to move two
amendments to
section 139.1, which has already been amended. I have
copies of this to be shared.
SECTION 139.1, by deleting the text shown as struck
out and adding the underlined text as
shown:
139.1
(1) On or before
December May 31, 2019, and once every year after that,
the minister must conduct a consultation with the mayors referred to in
subsection (2) about the following:
(
a) the tax;
(
b) the definition of “specified area” in
section
(
c) the factors referred to in
section 139 (2) (a).
(2) The minister must invite, to participate in a consultation
referred to in subsection (1), all of the mayors of municipalities that
are, in whole or in part, specified areas.
(3) The minister must report to the Executive
Council Legislative Assembly in respect of each
consultation conducted under subsection (1) . , and
make public that report.
(4) A review under
section 139, including recommended amendments
under that section, must take into account the results of a consultation
conducted under subsection (1) of this section.]
We would like to change the “on or before December.” I’d like to
recommend that it be “May 31, 2019.” We’re going provide some
specificity so that we can actually see when these meetings are going to
take place. This is being done in an attempt to make this more clear and
give the impacted parties an opportunity to actually have some
confidence here. I would assume that the Leader of the Third Party who
sought this compromise might want to see it just a little stronger, but
I could be wrong.
The second amendment we’d like to recommend is in subsection (3).
Our amendment would read that the minister must report, rather than to
the executive council, because that information is then kept where
cabinet sits…. We think British Columbians should actually see those
reports, so we’d like to recommend: “The minister must report to the
Legislative Assembly in respect of each consultation conducted under
subsection (1) and make that report public.”
This does not change the intent of the meeting. What it actually
does is give it some credibility. It means there will be transparency.
It means that if this is so important to the Leader of the Third Party
as the work that he wants to claim credit for, there is a specific
target date by which these communities will have some
certainty.
Right now the impacts are mounting every single day. This gives us
a chance to ensure that these communities will have, by March 31, 2019,
their first meeting. Then, rather than actually allow just the executive
council to be aware of what happens in those meetings, we think that
making sure that there’s transparency and public reporting is absolutely
essential.
That is the amendment that I move.
The Chair: Thank you, Member. Just to be clear, we should have moved the
amendment while we had 139.1 open as opposed to after the vote, but
we’ll jump back so that we can reopen 139.1 with leave, if that’s
okay, Members.
Leave granted.
section 139.1.
On the amendment.
Hon. C. James: Thank you. Could I just get a clarification? I think the member
said March, but the amendment says May. I’m guessing it’s
May.
S. Bond: The written amendment, I apologize, does say May 31,
A. Weaver: I really much appreciate this amendment. The problem I’m having
here is that I don’t know what the ramifications are. I say this with
respect. This is something that, at first glance, is something that,
perhaps, I could have supported. The problem I have — just thinking
right now — is that May 31 is actually before the spec tax has been
received. So I’m not sure how this is going to work in that regard. I’m
not sure we’re going to have the data to do that.
Again, the amendments have been on the order paper for two weeks.
If the member wanted the support…. I could have seen something like this
as something that I would have supported, but I just can’t now because
it’s not clear to me what the financial ramifications are. It’s not
clear to me how this would work out with the way the spec tax, which
hasn’t yet been collected, would be determined. How is this going to be
informed?
[11:35 a.m.]
It’s with regret that I say this. I would have liked to support
something along the lines of this, but I can’t in light of the way it
was brought in. So I speak against it.
S. Bond: I just would like to remind the Leader of the Third Party that
there is a legislative process underway that allows for motions to be
tabled. In fact, if they make sense, and if they’re rational and
reasonable, which this is, there is nothing stopping the Leader of the
Third Party from standing up and supporting something, for once, that
would actually make sense, that would at least go partway to honouring
the commitment that he made to British Columbians, that this tax was not
fair and that it wasn’t appropriate.
We’re not going down the path again that we did the other night,
because the Leader of the Third Party decided to hold a surprise press
conference in the Rose Garden without one word of discussion with the
opposition. We’re certainly not going to stand here today and listen to
the leader of the Green Party, who made clear promises to British
Columbians, and did not have a conversation with us at all about
that.
Now, when there is a proper legislative process which allows the
opposition to table a straightforward amendment…. The Leader of the
Third Party can try to make it look as complicated as possible. Here’s
what it says: it moves the date.
For the criticism about the date, let’s remember this is a
retroactive tax. British Columbians who face this are going to get a tax
bill for a year in which they haven’t even had a chance to claim an
exemption. I hardly think adding the date of May is a complicated
situation.
The other thing, which I’m assuming the Leader of the Third Party
would be happy about…. It’s not about having this discussion behind
closed doors. There are people for whom this means their retirement
future, their contributions to this province.
I think it is hardly a stretch to ask that there be public
reporting out of the meetings that the Leader of the Third Party thinks
are such a significant addition to this bill.
A. Weaver: I thank the member for Prince George–Valemount for the
lecture on how this place runs. My role as the Leader of the Third Party
is to actually represent the interests of my constituents and my party.
My role in this has been to spend the last eight months to ensure that
we were to work with the government of the day — as I worked with the
member when she was minister, when we actually, together, worked on a
number of files. That is the role of an opposition.
As I say, I do not know the ramifications of May 31. I like to go
into the details. The minister’s staff will know from the briefings that
I am not a person who takes these things lightly. I go into the very
gory details of this and ask questions to make myself
comfortable.
You know, I have some sympathy for this motion. I do not know the
ramifications of May 31. I don’t think that the money has come in from
the spec tax. I don’t know. I would like to discuss, I’d like to hear
the minister’s response to this. I do not see myself able to support it,
despite the words from the member.
Hon. C. James: Speaking to the amendment, the challenge with the date of the
amendment is the challenge of having the information to be able to have
the kind of discussion that the mayors have requested. They’ve requested
opportunities to be able to gather data, to be able to pull their
information together to know how many people in their communities are
paying the speculation tax, to know the impact of that. People will not
pay the tax until July. We will not have that data to be able to take a
look at. We will not have had the opportunity to go through the audits
to have that information as well.
I certainly believe that these meetings will be productive, and
I’m looking forward to them, but you need to make sure that the
information is there and that you have access to the information. To not
have that information doesn’t seem to be a good use of the opportunity
to get together.
Again, as I’ve said all along in the days of this debate, I am
more than happy to meet with the mayors of the communities any time. But
to have a formal meeting, I believe that it makes sense and it’s
respectful to bring all of the information and all of the facts to the
table around how many people have had audits, around what the tax looks
like, around how many people are paying. We won’t have that information
until after July.
S. Bond: I’d like to ask for procedural clarity, and we may need to bring
this back later. There seems to be arguments around the date.
[11:40 a.m.]
If the Clerk could provide us with some advice. How would we go
about splitting the amendment into two parts?
The Chair: Thank you for the question, Member.
After consultation, if there’s unanimous consent, the
amendment could be withdrawn, and then the member could reintroduce
the amendment in two parts — in two amendments, splitting the
amendment in two.
Does the member wish to seek to withdraw the
amendment?
S. Bond: I’ll withdraw the amendments.
Leave granted.
The Chair: So the amendment to the amendment has been withdrawn. Now if
the member would like to move the amendments in two
parts.
S. Bond: I would, first of all, like to move, then, that
section 139.1(1)
be amended to include a meeting on or before May 31, 2019.
The Chair: Members have heard the proposed amendment to the amendment.
There’s been a request, as it’s not in written form in front of us,
for the member to read it again, and then I’ll take further
questions, if that’s okay.
S. Bond: All right. I move just the first half of what was written on the
paper. The first amendment is in 139.1(1).
SECTION 139.1, by deleting the text shown as struck
out and adding the underlined text as
shown:
139.1
(1) On or before
December May 31, 2019, and once every year
after that, the minister must conduct a consultation with the mayors
referred to in subsection (2) about the following:
(
a) the tax;
(
b) the definition of “specified area” in
section
(
c) the factors referred to in
section 139 (2)
(a).]
Subsection (1) would remain intact following the date
change.
On the amendment.
T. Redies: I just want to speak in support of this amendment. I’m troubled by
what the minister indicated — that they wouldn’t have the full
information by May 31. May 31 is after the tax notices have been mailed,
obviously, but before the taxes are due. But the reality is that the
declarations have to have been made by March 31, so the government
should have the information it needs to have an informative meeting with
the mayors and the municipalities as of May 31. As far as I’m concerned,
the May 31 date and that being a problem is a red herring, and I support
the amendment.
The Chair: Shall the proposed amendment to the amendment pass?
Amendment negatived on division.
S. Bond: Thank you to the Chair and to the Clerk for helping us work our
way through this. That’s actually how legislative processes take place.
We actually get to work on the floor of the chamber to sort out
amendments that make sense.
Let’s try the second amendment. This will be to
section 139.1(3).
The current language in the bill says that the minister must report to
the executive council. For those people who may not know what that
translates to, it is cabinet. We actually believe that considering the
interest in this tax, in this piece of legislation, British Columbians
actually need to be able to be aware of what happened. Mayors need to be
able to go back to their communities and say: “Here’s what we talked
about. Here’s what the minister said. Here’s the report.”
I move that the new language in subsection (3) be:
SECTION 139.1, by deleting the text shown as struck
out and adding the underlined text as
shown:
139.1
(2) The minister must invite, to
participate in a consultation referred to in subsection (1), all of the
mayors of municipalities that are, in whole or in part, specified
areas.
(3) The minister must report to the Executive
Council Legislative Assembly in respect of each
consultation conducted under subsection (1) . , and
make public that report.
(4) A review under
section 139, including recommended amendments
under that section, must take into account the results of a consultation
conducted under subsection (1) of this section.]
On the amendment.
[11:45 a.m.]
Hon. C. James: While I certainly feel quite comfortable that the report would go
public, that that would be public, I haven’t had leg. counsel make sure
that this is drafted in a way that fits with the legislation. That’s
critical. Obviously, we can’t move forward with an amendment unless we
know that it fits within the leg. counsel direction for the bill and
that it fits within the section.
I can certainly do a consultation. But again, from my perspective,
I have no problem with the report going public, but I can’t support the
amendment without that feedback being given.
The Chair: Just so members are cognizant, we are at quarter to, and under
the orders, I’m supposed to call this committee into
recess.
A. Weaver: May I ask that we stand down if we’re going to proceed on this
section, to give the minister some time to actually consult with
legislative drafters? I think the amendment is reasonable, but I would
like to get some advice from the legislative drafters, as it’s something
that we need to really hear from.
The Chair: Are the members willing to give leave for it to be stood down
at this stage for further consultation?
S. Bond: Considering the time, that’s probably a worthwhile opportunity to
take advantage of. But we want to be very clear: we want to see this in
the legislation.
We will also go back and look at the drafted language. It’s not
enough…. I very much appreciate the minister’s comments that very likely
it will go public.
We want to go back and be able to have my colleagues tell their
mayors and their constituencies that there will be a public reporting
out and that it is required. So our preference is to see it included in
the legislation.
Hon. C. James: Noting the hour, I rise to report progress and ask leave to sit
again.
Motion approved.
The committee rose at 11:47 a.m.
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