British Columbia Hansard — Tuesday, April 1, 2008 (38th Parliament, 4th Session) (H0401pm-04) (H0401pm 04)

H0401pm-04

British Columbia — Debates (Hansard)

Fourth Session, 38th Parliament OFFICIAL REPORT OF DEBATES OF THE LEGISLATIVE ASSEMBLY (HANSARD) Tuesday, April 1, 2008 Afternoon Sitting Volume 29, Number 4 THE HONOURABLE BILL BARISOFF, SPEAKER ISSN 0709-1281

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR His Honour the Honourable Steven L. Point, OBC FOURTH SESSION, 38TH PARLIAMENT SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Bill Barisoff EXECUTIVE COUNCIL Premier and President of the Executive Council ............................................................................................................Hon. Gordon Campbell Deputy Premier and Minister of Education and Minister Responsible for Early Learning and Literacy...................... Hon.

Shirley Bond Minister of Aboriginal Relations and Reconciliation ........................................................................................................ Hon. Michael de Jong Minister of Advanced Education and Minister Responsible for Research and Technology ........................................... Hon. Murray Coell Minister of Agriculture and Lands.......................................................................................................................................................Hon.

Pat Bell Attorney General and Minister Responsible for Multiculturalism............................................................................... Hon. Wally Oppal, QC Minister of Children and Family Development ................................................................................................................Hon. Tom Christensen Minister of State for Childcare ........................................................................................................................................................Hon.

Linda Reid Minister of Community Services and Minister Responsible for Seniors’ and Women’s Issues........................................... Hon. Ida Chong Minister of Economic Development and Minister Responsible for the Asia-Pacific Initiative and the Olympics.................Hon. Colin Hansen Minister of Employment and Income Assistance ...........................................................................................................Hon.

Claude Richmond Minister of Energy, Mines and Petroleum Resources .......................................................................................................Hon. Richard Neufeld Minister of State for Mining......................................................................................................................................................Hon. Kevin Krueger Minister of Environment and Minister Responsible for Water Stewardship and Sustainable Communities ...............Hon.

Barry Penner Minister of Finance.......................................................................................................................................................................Hon. Carole Taylor Minister of Forests and Range and Minister Responsible for Housing ............................................................................. Hon. Rich Coleman Minister of Health ......................................................................................................................................................................Hon.

George Abbott Minister of Labour and Citizens’ Services ......................................................................................................................................Hon. Olga Ilich Minister of Public Safety and Solicitor General and Minister of State for Intergovernmental Relations............... Hon. John van Dongen Minister of Small Business and Revenue and Minister Responsible for Regulatory Reform............................................ Hon.

Rick Thorpe Minister of Tourism, Sport and the Arts ......................................................................................................................................Hon. Stan Hagen Minister of State for ActNow B.C. ............................................................................................................................................ Hon. Gordon Hogg Minister of Transportation...........................................................................................................................................................Hon.

Kevin Falcon LEGISLATIVE ASSEMBLY Leader of the Official Opposition .........................................................................................................................................................Carole James Deputy Speaker ....................................................................................................................................................................................Sindi Hawkins Deputy Speaker ...........................................................................................................................................................................

Katherine Whittred Assistant Deputy Speaker.....................................................................................................................................................................Sue Hammell Deputy Chair, Committee of the Whole................................................................................................................................................. Harry Bloy Clerk of the Legislative Assembly .........................................................................................................................E.

George MacMinn, OBC, QC Clerk Assistant.........................................................................................................................................................................................Robert Vaive Clerk Assistant and Law Clerk .......................................................................................................................................................Ian D. Izard, QC Clerk Assistant and Clerk of Committees ....................................................................................................................................... Craig H.

James Clerk Assistant and Committee Clerk ..........................................................................................................................................Kate Ryan-Lloyd Sergeant-at-Arms............................................................................................................................................................................. A.A.

Humphreys Director, Hansard Services ...................................................................................................................................................................Jo-Anne Kern Legislative Librarian ..................................................................................................................................................................................Jane Taylor Legislative Comptroller...............................................................................................................................................................................Dan Arbic

Party Standings: Liberal 46; New Democratic 33 ALPHABETICAL LIST OF MEMBERS Abbott, Hon. George (L) .................................................................... Shuswap Austin, Robin (NDP)............................................................................. Skeena Bains, Harry (NDP).................................................................. Surrey-Newton Barisoff, Hon. Bill (L)..........................................Penticton–Okanagan Valley Bell, Hon.

Pat (L) .............................................................Prince George North Bennett, Bill (L) ........................................................................ East Kootenay Black, Iain (L) ............................................................ Port Moody–Westwood Bloy, Harry (L)................................................................................Burquitlam Bond, Hon. Shirley (L).....................................Prince George–Mount Robson Brar, Jagrup (NDP).....................................................Surrey–Panorama Ridge Campbell, Hon.

Gordon (L) .........................................Vancouver–Point Grey Cantelon, Ron (L)..............................................................Nanaimo-Parksville Chong, Hon. Ida (L) .................................................... Oak Bay–Gordon Head Chouhan, Raj (NDP) ...........................................................Burnaby-Edmonds Christensen, Hon. Tom (L) ................................................. Okanagan-Vernon Chudnovsky, David (NDP) ......................................... Vancouver-Kensington Coell, Hon.

Murray (L) .....................................Saanich North and the Islands Coleman, Hon. Rich (L)...........................................Fort Langley–Aldergrove Conroy, Katrine (NDP) .......................................... West Kootenay–Boundary Coons, Gary (NDP) ....................................................................... North Coast Cubberley, David (NDP)............................................................Saanich South de Jong, Hon.

Michael (L) ...................................Abbotsford–Mount Lehman Dix, Adrian (NDP) .........................................................Vancouver-Kingsway Evans, Corky (NDP).................................................................Nelson-Creston Falcon, Hon. Kevin (L) .......................................................

Surrey-Cloverdale Farnworth, Mike (NDP) ...............................Port Coquitlam–Burke Mountain Fleming, Rob (NDP) ..............................................................Victoria-Hillside Fraser, Scott (NDP) ..............................................................Alberni-Qualicum Gentner, Guy (NDP).......................................................................Delta North Hagen, Hon. Stan (L) ................................................................ Comox Valley Hammell, Sue (NDP) ................................................... Surrey–Green Timbers Hansen, Hon.

Colin (L) ..................................................Vancouver-Quilchena Hawes, Randy (L).......................................................... Maple Ridge–Mission Hawkins, Sindi (L) ............................................................... Kelowna-Mission Hayer, Dave S. (L) ................................................................ Surrey-Tynehead Hogg, Hon.

Gordon (L).....................................................Surrey–White Rock Horgan, John (NDP)......................................................Malahat–Juan de Fuca Horning, Al (L)........................................................... Kelowna–Lake Country Ilich, Hon. Olga (L)...............................................................Richmond Centre James, Carole (NDP).......................................................Victoria–Beacon Hill Jarvis, Daniel (L)..................................................

North Vancouver–Seymour Karagianis, Maurine (NDP) ........................................... Esquimalt-Metchosin Krog, Leonard (NDP)......................................................................... Nanaimo Krueger, Hon. Kevin (L) .....................................Kamloops–North Thompson Kwan, Jenny Wai Ching (NDP)........................... Vancouver–Mount Pleasant Lali, Harry (NDP)........................................................................

Yale-Lillooet Lee, Richard T. (L)....................................................................Burnaby North Lekstrom, Blair (L).............................................................. Peace River South Les, John (L)........................................................................ Chilliwack-Sumas Macdonald, Norm (NDP).................................... Columbia River–Revelstoke MacKay, Dennis (L)....................................................

Bulkley Valley–Stikine Mayencourt, Lorne (L).......................................................Vancouver-Burrard McIntyre, Joan (L).................................................West Vancouver–Garibaldi Neufeld, Hon. Richard (L) .................................................. Peace River North Nuraney, John (L).............................................................Burnaby-Willingdon Oppal, Hon. Wally, QC (L).......................................... Vancouver-Fraserview Penner, Hon. Barry (L)...........................................................

Chilliwack-Kent Polak, Mary (L) ....................................................................................Langley Puchmayr, Chuck (NDP)...................................................... New Westminster Ralston, Bruce (NDP) ............................................................. Surrey-Whalley Reid, Hon. Linda (L) ................................................................ Richmond East Richmond, Hon. Claude (L).............................................................

Kamloops Robertson, Gregor (NDP) ................................................Vancouver-Fairview Roddick, Valerie (L).......................................................................Delta South Routley, Doug (NDP)..................................................... Cowichan-Ladysmith Rustad, John (L) ........................................................

Prince George–Omineca Sather, Michael (NDP).........................................Maple Ridge–Pitt Meadows Simons, Nicholas (NDP) ...................................Powell River–Sunshine Coast Simpson, Bob (NDP)..................................................................Cariboo North Simpson, Shane (NDP) ....................................................Vancouver-Hastings Sultan, Ralph (L) ....................................................West Vancouver–Capilano Taylor, Hon.

Carole (L).....................................................Vancouver-Langara Thorne, Diane (NDP) .................................................Coquitlam-Maillardville Thorpe, Hon. Rick (L).......................................................Okanagan-Westside Trevena, Claire (NDP) ..................................................................North Island van Dongen, Hon. John (L)............................................ Abbotsford-Clayburn Whittred, Katherine (L)........................................

North Vancouver–Lonsdale Wyse, Charlie (NDP) .................................................................Cariboo South Yap, John (L)...................................................................Richmond-Steveston LIST OF MEMBERS BY RIDING Abbotsford-Clayburn....................................................Hon. John van Dongen Abbotsford–Mount Lehman .......................................... Hon. Michael de Jong Alberni-Qualicum..........................................................................

Scott Fraser Bulkley Valley–Stikine ...........................................................Dennis MacKay Burnaby North ...........................................................................Richard T. Lee Burnaby-Edmonds........................................................................Raj Chouhan Burnaby-Willingdon................................................................... John Nuraney Burquitlam.......................................................................................Harry Bloy Cariboo North..............................................................................

Bob Simpson Cariboo South..............................................................................Charlie Wyse Chilliwack-Kent ..................................................................Hon. Barry Penner Chilliwack-Sumas............................................................................... John Les Columbia River–Revelstoke................................................. Norm Macdonald Comox Valley........................................................................ Hon.

Stan Hagen Coquitlam-Maillardville..............................................................Diane Thorne Cowichan-Ladysmith ................................................................. Doug Routley Delta North ...................................................................................Guy Gentner Delta South ............................................................................. Valerie Roddick East Kootenay................................................................................

Bill Bennett Esquimalt-Metchosin.........................................................Maurine Karagianis Fort Langley–Aldergrove ..................................................Hon. Rich Coleman Kamloops.....................................................................Hon. Claude Richmond Kamloops–North Thompson ............................................Hon. Kevin Krueger Kelowna–Lake Country.................................................................. Al Horning Kelowna-Mission ......................................................................

Sindi Hawkins Langley ...........................................................................................Mary Polak Malahat–Juan de Fuca .................................................................. John Horgan Maple Ridge–Mission ................................................................ Randy Hawes Maple Ridge–Pitt Meadows ..................................................... Michael Sather Nanaimo......................................................................................

Leonard Krog Nanaimo-Parksville .....................................................................Ron Cantelon Nelson-Creston .............................................................................Corky Evans New Westminster .................................................................. Chuck Puchmayr North Coast....................................................................................

Gary Coons North Island ...............................................................................Claire Trevena North Vancouver–Lonsdale................................................Katherine Whittred North Vancouver–Seymour..........................................................Daniel Jarvis Oak Bay–Gordon Head ........................................................... Hon. Ida Chong Okanagan-Vernon......................................................... Hon. Tom Christensen Okanagan-Westside..............................................................Hon.

Rick Thorpe Peace River North.......................................................... Hon. Richard Neufeld Peace River South..................................................................... Blair Lekstrom Penticton–Okanagan Valley .................................................Hon. Bill Barisoff Port Coquitlam–Burke Mountain ............................................Mike Farnworth Port Moody–Westwood.................................................................... Iain Black Powell River–Sunshine Coast ...............................................

Nicholas Simons Prince George North.................................................................... Hon. Pat Bell Prince George–Mount Robson ............................................Hon. Shirley Bond Prince George–Omineca................................................................ John Rustad Richmond Centre......................................................................Hon. Olga Ilich Richmond East........................................................................Hon.

Linda Reid Richmond-Steveston...........................................................................John Yap Saanich North and the Islands ............................................ Hon. Murray Coell Saanich South ........................................................................ David Cubberley Shuswap............................................................................Hon. George Abbott Skeena.......................................................................................... Robin Austin Surrey-Cloverdale............................................................... Hon.

Kevin Falcon Surrey–Green Timbers ................................................................Sue Hammell Surrey-Newton............................................................................... Harry Bains Surrey–Panorama Ridge.................................................................Jagrup Brar Surrey-Tynehead ....................................................................... Dave S. Hayer Surrey-Whalley...........................................................................Bruce Ralston Surrey–White Rock ............................................................Hon.

Gordon Hogg Vancouver-Burrard..............................................................Lorne Mayencourt Vancouver-Fairview.............................................................Gregor Robertson Vancouver-Fraserview .................................................Hon.

Wally Oppal, QC Vancouver-Hastings .................................................................Shane Simpson Vancouver-Kensington.......................................................David Chudnovsky Vancouver-Kingsway ......................................................................Adrian Dix Vancouver-Langara ........................................................... Hon. Carole Taylor Vancouver–Mount Pleasant........................................ Jenny Wai Ching Kwan Vancouver–Point Grey ................................................Hon.

Gordon Campbell Vancouver-Quilchena.........................................................Hon. Colin Hansen Victoria–Beacon Hill...................................................................

Carole James Victoria-Hillside ...........................................................................Rob Fleming West Kootenay–Boundary........................................................Katrine Conroy West Vancouver–Capilano...........................................................Ralph Sultan West Vancouver–Garibaldi ........................................................Joan McIntyre Yale-Lillooet..................................................................................... Harry Lali

CONTENTS Tuesday, April 1, 2008 Afternoon Sitting Routine Proceedings Page Introductions by Members ....................................................................................................... ............................................ 10717 Tributes ....................................................................................................................... ............................................................ 10718 Ralph Hutchinson L. Krog World women's curling championship in Vernon Hon. T.

Christensen Statements (Standing Order 25B) .............................................................................................................................. ........... 10718 Surrey Board of Trade export awards D. Hayer Canadian poetry L. Krog Guthrie House L. Mayencourt Volunteer firefighters B. Simpson Michelle Stillwell and employment of disabled persons R. Cantelon Metchosin Community Association M.

Karagianis Oral Questions................................................................................................................. ....................................................... 10720 Investigation into ICBC vehicle sales C. James Hon. J. van Dongen H. Bains M. Farnworth Funding for post-secondary education R. Fleming Hon. M. Coell B. Simpson A. Dix K. Conroy Comments by Liberal MLA in Children and Youth Committee S. Fraser Hon. M. de Jong Recommendation from Sullivan mine accident inquest N. Macdonald Hon. K.

Krueger Petitions...................................................................................................................... ............................................................. 10725 S. Fraser D. MacKay C. Trevena C. Puchmayr C. Wyse M. Sather Committee of the Whole House................................................................................................... ........................................ 10726 Budget Measures Implementation Act, 2008 (Bill 2) (continued) G. Coons Hon. C. Taylor B. Ralston

Reporting of Bills ............................................................................................................. ...................................................... 10732 Budget Measures Implementation Act, 2008 (Bill 2) Third Reading of Bills......................................................................................................... ................................................... 10732 Budget Measures Implementation Act, 2008 (Bill 2) Second Reading of Bills........................................................................................................ ................................................. 10732 Small Business and Revenue Statutes Amendment Act, 2008 (Bill 11) Hon.

R. Thorpe J. Brar C. Wyse Hon. R. Thorpe Labour and Citizens' Services Statutes Amendment Act, 2008 (Bill 13) Hon. O. Ilich C. Puchmayr R. Chouhan J. Brar K. Conroy N. Macdonald H. Bains A. Dix B. Lekstrom M. Farnworth Hon. O. Ilich Proceedings in the Douglas Fir Room Committee of Supply............................................................................................................ ................................................. 10756 Estimates: Ministry of Transportation (continued) M. Karagianis Hon. K. Falcon R. Chouhan H. Bains J. Horgan J. Brar

10717 TUESDAY, APRIL 1, 2008 The House met at 1:33 p.m. [Mr. Speaker in the chair.] Introductions by Members C. James: It's my pleasure to introduce two amaz- ing constituents in the Legi slature today. Pippa Blake and Penny Goldrick are involved in a number of activi- ties in this community — everything from social issues to environmental issues, sports and fitness. We've been very fortunate to have their energy contribute to our community.

But it was their latest adventure that I just want to take a minute to talk about, because it really was an in- spiration to those of us no t only in Victoria but all around the province. Pippa has been an active hiker and climber her entire life and has always dreamed about trekking in the Himalayas. When she was diagnosed with multiple sclerosis in 1991, she thought her dream was finished. Last fall with the hard work and support of her two sons, her partner Penny, the Rise Above Bar- riers Society and two extraordinary Sherpas, Pippa ful- filled her dream and reached Mount Everest base camp.

When Pippa arrived back in Victoria after this amazing adventure, her comme nts spoke to us all. She said: "I hope it sows a seed in people's minds that there are a lot of things you can do if you believe you can." Pippa is donating the trail rider that she used for the climb to Recreation Integration Victoria, an organi- zation that helps disabled pe ople. But I want everyone in the Legislature to know that they're not stopping there — at heading off to Mount Everest. They're al- ready planning their next trip to look at hiking the 485- mile pilgrimage trail in Spain.

It's a real inspiration to all of us that someone with disabilities is able to continue their fitness adventure in life, and I'd like the House to please make them welcome. Hon. G. Campbell: I am pleased today to let every- o n e k n o w t h a t w e h a v e 8 0 v i s i t o r s f r o m Q u e e n M a r y Elementary School in Vanc ouver–Point Grey. They're grade 5 students. They're he re with their teacher Ms. King and a number of parents. As you know, hon. Speaker, Queen Mary is an excep- t i o n a l s c h o o l . M y w i f e t a u g h t t h e r e . M y b o y s w e n t t o school there.

It's got to be one of the great schools in British Columbia, and I hope we'll make them welcome. [1335] B. Simpson: I have the distinct pleasure of intro- ducing a very good friend of mine from Quesnel, Mary Gradnitzer. Mary is an am azing individual in our community. She's a seniors advocate who works very strongly with our seniors community. She also happens to be a very strong supporter of mine and has been the membership chair in our con- stituency association for a long time. We just had our AGM, and she signalled that this is really the last year that she's going to be membership chair. That's okay.

There are lots of other people who will take care of that. Mary is here today with her sister from Toronto, Janet Goodfellow, and a friend of her sister, Miriam May. I ask the House to make them feel very welcome. R. Hawes: If the members, particularly the ones who bring their computers in, were to look at the wiring, I hope they would realize that it's there because the former Dep- uty Speaker from the last parliament pushed very hard and had a very big fight, I know, with the Clerk's office to go against tradition and have that wiring put in place.

Our colleague John Weisbeck, former MLA for Kelowna–Lake Country, is in the gallery today. He tells me that he played 140 rounds of golf last year, so he's saying there is life after politics. Could the House please make John welcome. R. Chouhan: I would like to introduce a very special person in my life, my first grandchild. She was born on March 18, and her name is Chloe Amrita Sanford. Please join me to welcome her to British Columbia. Hon. P. Bell: I, too, would like to pass on a warm welcome to the students fr om Queen Mary. That was my alma mater as well.

I would like to add that the government caucus members and cabinet members had an opportunity to meet with B.C. Wood officials earlier today at lunch. I know they had a variety of meetings, and I know they have some this afternoon with the opposition as well. B.C. Wood is a tremendous organization that repre- sents the value-added sector. O n b e h a l f o f t h e M i n i s t e r of Forests, I would certainly like to welcome all of them. We're joined in the gallery today by Grant McKinnon, who is the chair of B.C.

Wood, Brent Comber, Mike Friesen, Sam Froese, John Gillis, Tony Pistilli, Brian Hawrysh and Brian Menzies. I'd ask that the House please make them very welcome. I did skip one on purpose because he's also a con- stituent of mine, who runs a tremendous value-added business in Prince George called Northern Capital Wood Products. He makes the best kitchens and the best value-add wood products probably anywhere in North America. I'd ask that the House please make Wayne Ward very welcome as well. J.

Horgan: I had the pleasure to dine with some winners of the member for Malahat–Juan de Fuca in an auction for lunch and a visit to the precinct for question period and a tour after that. Joining us today are Hanny Pannekoek, Hugo Sutmoller and Liz and Mike Graham. They participated in a fundraiser to raise money and awareness about multiple sclerosis. So would the House please make them welcome. Hon. I. Chong: Visiting in the gallery today are two very fine constituents of mine, Brian Small and his wife Shirley. Brian will be known to a number of people around Victoria as the former manager of the chamber

10718 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 of commerce. He served that for a long period of time and was well missed when he left that post. He has also taken up many sports in his spare time, of which I understand tennis is one. He 's an enthusiastic tennis player, as many will attest to. I hope the House will please make welcome Brian Small and his wife Shirley. Tributes RALPH HUTCHINSON L.

Krog: Yesterday in Nanaimo, the member for Nanaimo-Parksville and myself attended the celebration of life for the late Justice Ralph Hutchinson, and I felt it only appropriate to mention his passing in this Legislature. [1340] He was a prominent central Island lawyer, a great counsel in his day, a fine judge, a rather remarkable mountaineer — 20 first ascents, partly with larger teams — a great wine writer for The Advocate, a de- voted father and husband, a gentleman and a man with a great sense of humour.

I join with the member for Nanaimo–Parksville, whose constituent Justice Hutchinson was, in celebrat- ing his life and recognizing his contribution to the legal profession in this province. WORLD WOMEN'S CURLING CHAMPIONSHIP IN VERNON Hon. T. Christensen: Last week the North Okanagan was rocked by the top women curlers from around the world. Twelve countries gathered in Vernon. On March 20 the Minister of Tourism, Sport and the Arts and I had the foresight to adopt Canada's team, who is actually from Winnipe g. We're pretty confident that was a major point in leading them to the gold vic- tory on Sunday.

They certainly welcomed the opportu- nity to be honorary B.C. citizens for the week. I can tell you that the fans in Vernon stood behind Team Canada throughout that week, and congratulations to Jennifer Jones and her team for a well-earned victory. It was an opportunity for residents of the North Okanagan to get a little bit of a taste of 2010 and what we can expect just under two years from now. It was an exceptional experience for the whole community — lots of excitement.

I would ask that the House please acknowledge and congratulate the over 500 volunteers and the orga- nizing committee for pulling off an exceptional event, making Vernon, making British Columbia and making Canada proud of the types of events we can host right here in our province. Statements (Standing Order 25

B) SURREY BOARD OF TRADE EXPORT AWARDS D. Hayer: Last week I had the privilege, along with the Minister of Economic Development, to attend the Surrey Board of Trade's second annual international trade dinner and Surrey Export Awards. This dinner highlighted the remarkable international trade that Surrey business people have developed in the markets across the Pacific Rim and throughout the world.

Surrey Board of Trade is the only one in Canada to showcase and recognize companies engaged in interna- tional trade, which is driving our economy and creat- ing a future for British Columbia's workers and our entrepreneurs. As we move further and further away from our dependence on the United States as the main market for our products, the Asia-Pacific nations be- come more and more important. Our business people, particularly those in Surrey, are solidifying B.C.'s conne ction and our future as North America's gateway to international trade.

We're in the right place at the right time, and the efforts of our government to encourage and develop these trade links speak strongly of the vision needed to keep the economic surge progressing. The progress, vision and entrepreneurship were the h i g h l i g h t s o f t h e S u r r e y B oard of Trade's awards cere- mony, which chose from many dynamic Surrey finalists four companies that are leading the way. In the agricultural and primary products exporter of the year category, Punjab Milk Foods took the award. Winner of the emergi ng technologies exporter award was Patton and Cooke Company.

Winner of the manufacturing exporter of the year award was Bekaert Canada Ltd., and in the service exporter of the year division, Fraser Surrey Docks was the award winner. I ask all members of the House to join me in con- gratulating these very forw ard-thinking Surrey-based companies whose owners an d employees are the ones who make them very successful. CANADIAN POETRY L. Krog: April is National Poetry Month. Poetry has played a great role in Canadian history. The famous explorer Henry Kelsey opened his journal dated 1693 with a rhyming prologue.

Th e subject of many of our greatest poets has been historical events. Jonathan Odell in 1812 wrote about the battle of Queenston, Upper Canada. The Canadian Boat Song , celebrating Canadian working-class people, appeared anonymously in 1829. It speaks of the oarsmen working on the St. Lawrence. Aboriginals. George Copway, an Ojibwa poet, wrote in 1847 Once More I See My Father's Land. Women play more than a significant role. Isabel Valancy Crawford, in 1884, wrote about that quintessential Canadian icon — the canoe. We all know what Pierre Berton said about the definition of Canadians.

Canadians are those who can make love in a canoe. [1345] Bliss Carman wrote about something in 1929 that has been the subject of many Canadian hunters' interest, and that was Wild Geese . Pauline Johnson in 1892, of course, wrote The Song My Paddle Sings . What Canadian school child of a certain generation didn't

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10719 memorize those lines, including my sainted mother who at 91 is watching this today. Of course, Robert Servic e was our first great inter- nationally known poet. The Shooting of Dan McGrew — who hasn't heard those words spoken many times? Of course, first published anonymously in 1915 by John MacRae, what Canadian has not shed a tear on Re- membrance Day listening to the words of In Flanders Fields. The great radical F.R. Scott wrote about our geography in Laurentian Shield. Al Purdy wrote something close to home, The Cariboo Horses .

Robin Skelton wrote about one of our great national birds, the eagle, in 1974. I encourage, quickly, all members in this House to go out and buy a book of Canadian poetry today. GUTHRIE HOUSE L. Mayencourt: This past fall I had the opportunity to witness a small miracle that is taking place in Nanaimo. It's happening at the Nanaimo Correctional Centre, and it is a place called Guthrie House. I've talked a little bit about therapeutic communi- ties like the one we have started up in Prince George, but this is a therapeutic community that resides in Nanaimo Correctional Centre.

It's important because it is a new approach for helping people recover from their addictions but also deal with some of the lifestyle choices and values and personal histories that people have beside them. In the therapeutic commu nity at Guthrie House, there are four phases of th e program. First, inmates come into an orientation phase where they learn a little bit about the therapeutic co mmunity. They go through primary treatment, and then they re-enter the general population and work throug h a transition phase, fol- lowed by an aftercare program which happens when they are released from prison.

The picture of the people who access this program is pretty clear. They are experiencing health risks. They have had experience with social crises. Their drug use is generally out of control, and they have little or no capacity that they can demonstrate to main- tain abstinence on their own. Their social and inter- personal function is diminished. Finally, their drug use is either embedded in or has eroded to a socially deviant lifestyle. The program that we have going at Guthrie House is subject to evaluation, and there's some really great work being done to show what's going on there.

But more importantly, I saw thes e miracles face to face. These are individuals that have had a lifetime of crime. They are prolific offenders, and they have had the opportunity to change their own opinions about their own values, about thei r addictions, about their families. I can honestly say that in the eyes and in the faces of those men that I saw at Nanaimo Correctional Cen- tre, there are true miracles. People will…. Mr. Speaker: Thank you, Member. VOLUNTEER FIREFIGHTERS B.

Simpson: Every year the Professional Fire Fighters Association comes down to the Legislature to hold our feet to the fire, to coin a phrase, on their issues and concerns. Each year that's happened that I've been an MLA, I've recognized the fact that I get to speak to the Prince George Fire Fighters association, because my communities are served by volunteer firefighters. Volunteer firefighters are critical, and they cover a large part of the province of British Columbia. I think it's critical that we recognize the contribution they make to our communities.

Many of these people are not just volunteers for fire fighting. They're volunteers in all manner of activities throughout the community. They spend enormous amounts of time training to protect our communities. They spend enormous amounts of time fundraising not only for their own needs for equipment and facility upgrades but also for other community events. In many of my communities those volunteer fire- fighters are also our first responders.

Where we do not have ambulance coverage, those folks go and take the training they need in order to provide that first response, to stabilize critical patients before the am- bulance can get there. [1350] This weekend, and the reas on that this tribute was stimulated, I get to attend a pancake breakfast. It's a sugaring-off event for birch syrup in my riding. The company that is doing that has decided to use it as an opportunity to thank the Bouchie Lake fire department and hold a pancake breakfast. It's a mix of business and a thank-you to the community.

I t s t r u c k m e t h a t I t h i n k a l l o f u s a s M L A s c o u l d foster those kinds of thanks in our community, if they're not already there. So I ask this House to join me today in thanking all of the volunteers who spend the amount of time that they do making sure our commu- nities get the protection and the professional services they need. I ask the MLAs to join me in finding ways to make sure we thank those volunteers on a consistent basis year over year. MICHELLE STILLWELL AND EMPLOYMENT OF DISABLED PERSONS R.

Cantelon: I think the members in this House are well aware of the challenges and the plight of persons with disabilities. Of the 300,000 persons with disabilities — not all of them physical — in this province, only 44 percent find regular full employment. Something happens. It's more than just physical. There are mental challenges, whether it's lack of confi- dence or other things that happen. People don't always get back into the marketplace. Not all people are affected this way. Michelle Stillwell, who is a quadriplegic and lost the use of most of her limbs early in life, persevered.

In 2000 she was a member of the gold-medallist basketball team. She suffered another setback with a spinal complication

10720 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 and then took up sprinting. She won the silver medal in the hundred metres and the gold medal at last year's world championships. In fact, at a later meet she came within ⁴⁄₁₀₀ of a second…. Individually, they can meet the challenges. But collec- tively as a government, what are we doing? We certainly have the 10 by 10 program, which seeks to improve the employment circumstances by 10 percent by 2010. I'm sure it's something both sides of this House embrace as a motive. But what are we doing as individual members? How are we supporting this?

The minister's council has engaged 56 communities to support this. I'm working with Michelle Stillwell, and she has vol- u n t e e r e d t o h e l p m a k e i t h a p p e n — to do something in the community, to work with individuals, to work with and challenge the mu nicipalities and businesses in the community to employ more people with disabilities. I can tell you that with her competitiveness and her drive, she's going to make a difference and make it happen.

Today I stand before you and talk to all the mem- bers on both sides of this House and ask the question: what are you doing in your riding to make it happen? What are you doing to work with the people with dis- abilities in your riding to make that connection with employer to employee to help the employment? I can promise you that Michelle is going to make a big difference in our riding. She's going to be very assertive and very aggressive and help make it happen. METCHOSIN COMMUNITY ASSOCIATION M.

Karagianis: Today I'd like to share with the members of this House the story of the Metchosin Community Association an d Metchosin Community House. The Metchosin Community Association was formed in 1993 as a non-profit community-building or- ganization open to all members of the community to encourage and organize a variety of educational, recrea- tional, cultural and other community activities within Metchosin. In its early years the association facilitated planning for Metchosin youth and seniors, started the neighbourhood response program, and promoted community awareness and involvement.

In 1999 the association's board of directors arranged to lease for $1 a year a rundown residence located next to the Metchosin municipal property. Months of volun- teer efforts and assistance from the Juan de Fuca parks and rec led to the opening of the Metchosin Commu- nity House eight years ago. Within a year the community association took over day-to-day operation of the house, supported by an- nual fundraising efforts. The district of Metchosin, which retains ownership, provides limited funding to help with maintenance.

Today the Metchosin Comm unity House serves as an information and resource centre for the entire com- munity. Twice a week it becomes the daytime home to many seniors in the community, in conjunction with VIHA's adult day program. Other partners include the Emergency Operations Committee, Juan de Fuca parks and rec, Pearson Col- lege of the Pacific, Sooke school district and the West Shore Arts Council. On any given day the community house may be an art gallery or a poetry café; a gourmet dining venue; a place to le arn beekeeping, tree-grafting or archaeology; or a place for young and old to have fun together.

Most of all, it's a place of comfort and gathering, supporting th e volunteers and community- minded citizens who exemplify all that is good about living in Metchosin. I know the members will join me in acknowledging the exceptional contribution of the Metchosin Community Association. [1355] Oral Questions INVESTIGATION INTO ICBC VEHICLE SALES C. James: ICBC told the public that several employ- ees purchased vehicles from its chop shop. What ICBC didn't tell us was that 22 managers bought cars in a scheme that gave them firs t priority to cherry-pick those cars over private buyers.

My question is to the Solicitor General. Can he con- firm that as a result of an internal investigation into this scam, at least three officials at ICBC have been fired? Hon. J. van Dongen: I appreciate the question from the Leader of the Opposition . I was appointed to this position about an hour ago, and I'm going to take the question on notice. Mr. Speaker: The Leader of the Opposition has a supplemental. C. James: I do, on a different question. I understand that the Solicitor General was just appointed. I would think that he'd have been briefed on such a critical issue in his portfolio. But nevertheless, Mr.

Speaker…. Interjections. Mr. Speaker: Members. C. James: The Premier's handpicked CEO, Paul Taylor, who oversaw ICBC while the scam was going on, has said: "Sorry. It won't happen again." Well, sorry isn't enough. Paul Taylor isn't…. Interjection. C. James: It's a different question. Paul Taylor isn't taking the rap. He's just saying that it won't happen again. My question to the Solicitor General is: will he commit today to release the internal investigation from ICBC? Hon. J. van Dongen: As I've said, I will be meeting with the deputy minister an d staff of the ministry, and I will take the question on notice.

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10721 Mr. Speaker: I remind the Leader of the Opposition that there are no supplementa ls on questions that are taken on notice. C. James: It's a different question and a different person for the question to go to. Mr. Speaker: Proceed. C. James: British Columbians certainly deserve better than an internal inve stigation that the public doesn't know about at ICBC and no response from anyone in government. ICBC is trying to sweep this un- der the rug, thinking that an apology from Paul Taylor is enough. Well, it's not enough.

I would like to ask the Premier: will he commit to- day to release the internal investigation done by ICBC so that the public can know exactly how this scheme occurred? Hon. J. van Dongen: As I said to the Leader of the Opposition, I will be meeting with the deputy minister. I have not at this point had the opportunity to meet with him, and I will take her question on notice. H. Bains: The consumers of ICBC don't care who the Solicitor General is. Mr. Speaker: Just a second. Member, three times this question has been taken on notice. Now, is this a new question? H.

Bains: Well, it's a different question to a different person. Mr. Speaker: Proceed. H. Bains: But while this…. Interjections. Mr. Speaker: Members. H. Bains: They are looking for some answers. While this scam was going on, ICBC tried to get away by say- ing that several employees purchased these vehicles, as if somebody down on the shop floor was involved in t h i s s c a m . B u t i t t u r n e d o u t t h a t 2 2 m a n a g e r s i n t h e scheme gave them the first dibs — senior managers per- sonally benefiting from a scheme of their own design. So my question is again to the Premier.

Will he tell us that the ICBC managers were involved, and what senior vice-presidents purchased any of these rebuilt cars? Hon. J. van Dongen: I appreciate the member's question. As I said to the previous questions on the same subject matter, I will be meeting with the deputy minister and staff in the ministry, and I will take the member's question on notice. Interjections. Mr. Speaker: Members. Members. Remember, there are no supplementals on ques- tions that have been taken on notice. [1400] H. Bains: It's a different question, and then I'll go to a different minister. Mr. Speaker: Proceed. H.

Bains: ICBC also says that there was some evidence…. Mr. Speaker: Member, just take your seat for a second. This is three, four times. This has to be a different ques- tion — okay? Proceed. H. Bains: It's a different question, and I was just starting to read the question. Interjections. Mr. Speaker: Members. H. Bains: ICBC's report says that there was some evidence that facility and staff time was used to repair employees' vehicles — no details, no explanation. So my question is to the Attorney General.

Can he confirm that the senior managers of ICBC used ICBC mechanics and repair shops for their personal use, and can he tell us how widespread this practice was and who was involved? Mr. Speaker: That is the same question as before. Members, it's going back to the same intent as the original questions. M. Farnworth: This is a very serious matter that goes to the heart of the public's confidence in ICBC, and it goes to commitments that were made in this House. Yesterday we had a Solicitor General who was per- fectly capable of answering questions on this issue in the House — the current Attorney General.

A cynic might say that we've got a new Solicitor General today to avoid answering questions on a very serious issue. Now, I know…. Interjections. Mr. Speaker: Members. Members. Just take your seat. Interjections. Mr. Speaker: Members. Members. Opposition House Leader, proceed. M. Farnworth: This government, we know, has a problem with accountability, but this is the wrong way to go about being unaccountable. My question is to the Attorney General.

10722 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 Interjections. Mr. Speaker: Members. M. Farnworth: Can he confirm whether or not there is a criminal investigation into what has been taking place at ICBC? Interjections. Mr. Speaker: Members. Hon. J. van Dongen: This question is about the same subject matter as the previous questions, and I will take the question on notice. Interjections. Mr. Speaker: Members. Members. Member, there's no supplem ental. Is it a new ques- tion? M. Farnworth: This is very much a new question. Mr. Speaker: Proceed. M. Farnworth: This is directed to the Attorney General.

The last time I checked, th e Attorney General was still responsible for the criminal justice branch in the province of British Columbia. This government has used "It's before the courts" so many times that I'm surprised they haven't got it trademarked. They've used "It's under investigation" so many time s that I'm surprised they haven't got that trademarked. Now we're getting a new response: "On notice." Fine — on notice. But to the Attorney General, who's responsible for the criminal justice system: can he tell this House whether (

a) there's been a special prosecutor appointed in this particular case? Or (

b) is there a criminal investi- gation underway on what's been going on at ICBC? Interjections. Mr. Speaker: Members. Hon. J. van Dongen: My understanding of the question is that it relates to ICBC. That is within the Ministry of Solicitor General and Public Safety. Interjections. Mr. Speaker: Members. Hon. J. van Dongen: It is within my…. Interjections. Mr. Speaker: Minister, just take your seat for a second. I cannot hear you. Continue, Minister. [1405] Hon. J. van Dongen: My understanding is that the question the member asked is within my ministry.

I have not as yet had the opportunity to meet the deputy minister and the staff. I will be doing that shortly. As such, I will take the question on notice. FUNDING FOR POST-SECONDARY EDUCATION R. Fleming: College and university presidents, stu- dents and faculty groups across British Columbia are dealing with this government's sudden cuts to the Min- istry of Advanced Education's three-year budget plan. Every day a new impact of these cuts emerges.

Just this morning UBC's board of governors was forced to reduce 400 student spaces and cancel 32 fac- ulty and staff hirings in engineering and business at its Okanagan campus. In fact, every school in every part of this province is being hit by this government's reck- less, last-minute cuts. My question is to the Mi nister of Advanced Educa- tion. Why won't the minister listen instead of breaking the budget commitments he made? Hon. M. Coell: Only the NDP would see a $38 million i n c r e a s e i n m y b u d g e t a s a c u t .

O n l y t h e N D P w o u l d see a 40 percent increase in my budget, since we became office, as a cut. Only the ND P would see an increase in every institutional budget this year — a cut. And only the NDP would see a 1.5 investment in infrastructure in this ministry — a cut. Now, I don't know whether the member… Interjections. Mr. Speaker: Members. Hon. M. Coell: …has been on any campuses lately, but there is $1½ billion worth of construction building new classrooms. I don't know whether they can re- member voting against $1 billion worth of increase in research in our institutions, but they did. Mr.

Speaker: The member has a supplemental. R. Fleming: You know, only this minister would see hundreds of pink slips and thousands of cancelled student spaces, which are being debated at board of governors meetings…. Only this minister and only this government would see that as an increase. This minister's actions are making rushed and panicked decisions at all 25 public post-secondary institutions in B.C. right now. Those are bad decisions that are going to be made, which were supposed to be avoided in three-year budget service plans in the first place.

At least two of B.C.'s major universities have said that they won't cut further, and they're asking permis- sion to run deficits. Last weekend UNBC's president said: "The minister's cuts shouldn't be put on the backs of students."

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10723 Will the minister show that he gets it, stand up for students today in this House and honour his original funding commitment and reverse these cutbacks? Hon. M. Coell: I repeat for the member: a $68 mil- lion increase in a budget is not a cut. Let me personalize for this member, because I know he represents the same area that I do — Greater Victoria. Has he been up to UVic to see the $200 million worth of construction up there? I know he would have liked to support the medical school, but didn't.

When we announced $100 million for climate change solutions, what did the NDP do? They voted for it. Isn't that nice? Since we've been in government, a 40 percent in- crease in the budget for advanced education…. And the NDP voted against every one of those 40 percent increases in this ministry. [1410] B. Simpson: Well, it's unfortunate that the minister sees this as a joke and that this side of the House over there sees this as something to laugh about. Interjections. Mr. Speaker: Members. B. Simpson: This is not something to take lightly.

The University of Northern British Columbia and the College of New Caledonia went through a very diffi- cult budgeting process on the presumption that this government would follow through on its promise of three-year stable funding. Th ey finished very difficult decisions about program cuts and staffing levels only to find out on March 20 that this government was go- ing to cut their base funding by 2.6 percent. That's why the boards and the presidents of the College of New Caledonia and UNBC have got into a public spat with this minister.

The minister is challenging the member for Victoria- Hillside to go see the capital projects. Well, I have news for the minister. Capital and operating budgets are a little different. You're cutting operating budgets. That's the debate here, so if we can stick to the operating budgets, it would be helpful. I challenge the minister to this week go up to Prince George. Instead of writing letters to the editor debating the boards and presidents an d questioning the veracity of their statements, go up to Prince George, sit with those folks and tell them exactly how a cut is not a cut. Hon. M.

Coell: I think there's a new campus in Quesnel, in that member's riding. I think there's a new medical school at UNBC. I th ink there's a new sports facility at UNBC. I think there are new medical stu- dents at UNBC. I don't know how much of an expan- sion this member has missed, but this is the biggest expansion in post-secondary education in 40 years. Interjections. Mr. Speaker: Members. The member has a supplemental. B. Simpson: I have a book on economics 101. So you learn…. Interjections. Mr. Speaker: Just take your seat. Interjections. Mr. Speaker: Members. Continue, Member. B.

Simpson: Not for my edification but for the min- ister's edification, the minister again in his response shows a gross misunderstanding of the difference be- tween capital funding and operating funding. What's the point of having all that new capital if the boards and the presidents can't oper ate the programs in those new facilities? That's the point. Again the minister is saying that his cut to operating funding, despite a promise to stabilize three-year funding, is not a cut. So again, here's my challenge to the minister.

The Prince George region is the region that's going to be the most impacted by the mountain pine beetle epidemic. We need every opportunity for every citizen to engage in the changes that we need to make economically and socially. Instead of cutting base funding, will the minister commit today to restore that 2.6 percent and add incremental funding for the ta rgeted programs that the minister is going to tell them they have to deliver with that cut? Hon. M. Coell: I think the member misses the point. I mentioned that the budget for advanced education has gone up by 40 percent since we've been in government.

That's the operating budget. The member probably doesn't realize that when we built that new campus in Quesnel, we actually in- creased the funds in their op erating budget to run it. When we built the medical school in the north, we in- creased their operating funds to run it — and when we built the sports centre and we built the teaching centre. This is the biggest increase in post-secondary education in 40 years, and you don't like it because you voted it against it. Interjections. Mr. Speaker: Members. [1415] A. Dix: The presidents of the colleges don't like it. The boards that you appointed don't like it.

The stu- dents don't like it. The faculty don't like it. Nobody likes this government's budget on post-secondary edu- cation. In Vancouver Community College 1,000 — mostly ESL — student spaces are gone, and the minis- ter is laughing and celebrating. Thirty-six instructors

10724 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 are gone, and the minister is laughing and celebrating. At SF U o ver 5 0 facu lty to l os e their jobs when cu ts to programs and departments are forced on them by this government, by that minister. When will he stand up fo r students? When will stu- dents have to stop paying th e price for his lack of clout at the cabinet table, hon. Speaker? When will he come to Vancouver Community College and fight there to en- sure that those thousand student spaces aren't cut? Hon. M.

Coell: I know the member would like to return to the golden age of NDP frozen budgets for years and years and years. No development on cam- puses. This government has taken the opportunity to develop the campuses throughout this province, which didn't happen in the '90s — add to the budgets to make sure that those programs ar e there and to make sure that we're serving the people of British Columbia. Mr. Speaker: Member has a supplemental. A. Dix: Well, the thing that was frozen in the 1990s was tuition fees, which this minister has raised by 100 percent in British Columbia. Interjections. Mr. Speaker: Members.

A. Dix: Now, after soaking students on tuition fees, he's cutting programs. When will the minister stand up…? If he wants to defend his record of cutting stu- dent spaces, of cutting positions, of cutting important programs, of cutting funding to ESL, let him stand up and do it. What we need in British Columbia is a Minis- ter of Advanced Education who stands up for students and stands up for colleges and universities.

I ask the minister to get up now to say that he will fight for those positions, that he will fight in the cabi- net for those positions, and not give up and allow our post-secondary education to be sabotaged in British Columbia. Hon. M. Coell: The member mentions the '90s. Let me go back and look at the '90s when he was a chief adviser to the government. No new nursing spaces in the '90s — period; 83 percent increase with this gov- ernment. No new medical spaces with that govern- ment; 100 percent increase with this government. Interjections. Mr. Speaker: Members. Hon. M.

Coell: When we needed more nursing spaces in this province, we added 85 percent more. We're going to add more because we've asked the col- leges, institutes and universities to focus on nursing, to focus on trades and training. Interjections. Mr. Speaker: Members. K. Conroy: Well, Selkirk College in the Kootenays doesn't agree with the minister, nor does the president, nor do the staff, nor do the faculty. It's the oldest com- munity college in B.C., and it is facing cuts. Somehow this minister puts out a press release saying that they're getting an increase, but in fa ct they're facing cuts.

They are facing $1.8 million in deficits because of this minis- ter's cuts and this government's cuts. I'll quote. Let me quote the college president, because the minister seems to have trouble connecting: "We're going to have to cut programs and services and not serve our communities to the extent that we had hoped." So $1.8 million in cuts. This college has done its d a r n e d b e s t t o t r y t o m a k e s e r v i c e s m e e t f o r t h e Kootenays, for students of the Kootenays. And what does this minister do? He does nothing to make sure that students in the Kootenays get the services they deserve.

So how about stand up today, rescind those cuts and make sure post-secondary education is pro- vided in rural B.C.? Hon. M. Coell: As I said, every institution, every college, every university in this province is getting an increase in their budget this year — a $68 million increase in their budget this year. [1420] What we've asked them to do is target their fund- ing to nursing spaces, to trades and technology — the things that British Columbians desperately need right now. I have confidence that they'll do it. COMMENTS BY LIBERAL MLA IN CHILDREN AND YOUTH COMMITTEE S.

Fraser: The chief councillor for the Moricetown band, Ron Mitchell, wrote to the Premier on March 17: "On behalf of the Moricetown band council, I am re- questing that the MLA for Bulkley Valley–Stikine be removed from the Standing Committee on Children and Youth immediately. The member made some in- sensitive and misinformed remarks at a meeting of the Select Standing Committee on Children and Youth on March 12, 2008." It is the Premier that ma de the appointment. Does the Premier think it is acceptable, given the request from the Moricetown band, that the member remains on the committee? Hon.

M. de Jong: If the comments are the ones that I believe the member is referring to, I've had a chance to review those. I don't think anyone on this side of the House and the government has anything to apologize for with respect to the efforts that we have made to effect genuine reconciliation amongst first nations. There is tangible evidence of the work that is taking place. We're proud of that work. We are proud of the partnerships that we are forming and continue to form. We are proud of the respect with which aboriginal and non-aboriginal peoples are conducting themselves with

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10725 one another, and we are proud of the genuine recon- ciliation that is the hallmar k of a new relationship in British Columbia. Mr. Speaker: Member has a supplemental. S. Fraser: There's no pride from this side of the House. It's obvious the minister has never spoken with a survivor of residential schools. Concerns are being raised across the province. Nuu- chah-nulth Tribal Council president Tom Happynook called the comments despicable.

As Ron Mitchell's letter says — and I'll go on: "The member has not only offended the people from our community but the thousands of first nation people who were forc ed into residential schools throughout Canada." Will the Premier do the ri ght thing and apologize to the community of Moricetown and to first nations all over the province and all ov er the country for the re- marks made by the member of his government? Hon. M. de Jong: I disagree with the member. There is no.… Interjections. Mr. Speaker: Continue. Hon.

M. de Jong: There was, in my view, no at- tempt and no intention on the part of the hon. member to malign or show disrespect for anyone. In fact, if the member carries on in the tr anscript of the proceedings, I think he will come to find that other members of the committee made similar commentary. I think it's time for the member to step back and appreciate the fact that during the course of debate, members ask questions. There was no intention here to malign anyone.

The new relationship is built on a foundation of respect for all British Columbians, for first nations, for aboriginal peoples, for understanding the history and for understanding the injustices that have taken place in our past. This government and the members of this government caucus have demonstrated in spades our commitment to that new relationship. RECOMMENDATION FROM SULLIVAN MINE ACCIDENT INQUEST N. Macdonald: My question relates to the Sullivan mine tragedy.

A coroner's inquest jury heard evidence for a week last summer in Kimberley, and they made a number of recommendations about what needed to take place. Among those was recommendation 12. Recom- mendation 12 is clear. There needs to be an increase in penalty provisions with regard to enforcements of the Mines Act to reflect the seriousness of non-compliance. It's been almost two years since four deaths in Kimberley. The question I have for the minister re- sponsible is: when is recommendation 12 going to be fully implemented? Hon. K.

Krueger: There were two investigations by the chief inspector of mines as well as the coroner's inquest and the jury recommendations. [1425] As the member knows, there was a thorough re- view by a code review committee, which is comprised of three union representatives, three management rep- resentatives and chaired by the chief inspector of mines. All of the recommendations that came out of the code review committee with regard to the Sullivan tragedy….

I would like to pause to express the gov- ernment's ongoing sorrow ab out the loss of life that occurred in that tragedy and empathy for the families and friends who lost loved ones. All of the recommendations were incorporated in the OIC, which has been provided to the member. Recommendation 12 would involve an annual inspection of 9,000 sites around the province. Many of them are no longer operating mines, obviously, and it would not be a good use of the government's manpower. We have one of the best safety records of any heavy industry in British Columbia, and the member asks about penalty provisions…. Mr.

Speaker: Thank you, Minister. [End of question period.] S. Fraser: By leave, I present a petition. Mr. Speaker: Proceed. Petitions S. Fraser: I have a petition from residents of Denman and Hornby islands and also Courtenay-Comox calling for a freeze on the B.C. Ferry rates. D. MacKay: I h a v e a p e t i t i o n h e r e s i g n e d b y 6 6 people from the Hazelton and Smithers area asking the government to cancel the carbon emissions tax that was set into force in the budget of 2008. C.

Trevena: I have a petition to present — on the day that ferry fares have gone up yet again by more than 4 percent — from more than 400 people from Cortes Island, Alert Bay, Malcolm Island and Comox-Courtenay on the central Island asking for a freeze on ferry fares and a review of the Coastal Ferry Act. C. Puchmayr: I have a petition from 202 people throughout British Columbia opposing the trade, in- vestment and labour mobility agreement. C. Wyse: Likewise, I'm rising and seeking permis- sion to present a petition. Mr. Speaker: Proceed. C.

Wyse: On the one-year anniversary of the implementation of the trad e, investment and labour

10726 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 mobility agreement, I have a petition here from 560 people from around the province looking for open debate on this item. M. Sather: I a l s o h a v e a n o t h e r p e t i t i o n s i g n e d b y British Columbians, 348 of them, calling on the gov- ernment to debate the trade, investment and labour mobility agreement. Orders of the Day Hon. M. de Jong: In this chamber I call continued committee stage debate on Bill 2 and, in Committee A, continued estimates debate.

For the information of members, the debate continues on the estimates for the Ministry of Transportation. [1430] Committee of the Whole House BUDGET MEASURES IMPLEMENTATION ACT, 2008 (continued) The House in Committee of the Whole (Section

B) on Bill 2; S. Hammell in the chair. The committee met at 2:31 p.m. On

section 83 (continued). G. Coons: I do have a question on

section 83 and a couple more after that. While we believe it's important to support the development and expansion of ports, we believe it can't be done at the expense of downloading onto cash-strapped municipalities. The original plan in the ports competitiveness initiative was scheduled for four years, and this new initiative, I guess, is going to be ten years. We've seen a lot of municipalities concer ned. Vancouver has lost almost a million dollars since 2004 in the unilateral capping of their municipal taxes.

Port Moody saw a 35 percent decrease in port taxes, and they had to in- crease taxes for their taxpayers by 3 percent. Delta got $300,000 but lost a revenue of $600,000. Plus we have to consider that municipalities were given the task of managing hazardous waste and polic- ing of ports, which was downloaded by the federal gov- ernment. Now it seems that there's more downloading and no real fair compensation. I was wondering why the minister had a ten-year time line for the extension of this versus a more workable, say, four- or five-year time line. Hon. C.

Taylor: As I mentioned earlier — I'm not sure that the member opposite was here at the time — we did extensive consultati on. Without question, we heard from people who had different opinions on this. One of the goals of this port competitiveness tax is to make sure that business has certainty about its future within the ports in the various municipalities — and to encourage investment, which is positive for municipalities as well, of course.

While a lot of the ter- minal operators and port businesses would have pre- ferred a much longer time line, we felt that ten years gave certainty enough that business would make some of those major investments that the municipalities talked to us about and certainly wanted. But at the same time it would, in ten years, allow an opportunity to review this again. Just for the record, the firs t time we did it, it was for five years, and then this time it's ten years. G. Coons: Again, as we go through this, the minis- ter said that they had considerable consultation.

As we look at quite a few initiatives and programs that this government does, we start to see the initiatives having lots of concerns for municipalities. I just want to make a comment before we move on. I believe that the downloading on lots of municipalities…. I'm sure the minister heard in some of their consulta- tions that there needs to be a fair compensation. A lot of the municipalities don't believe they are getting a fair break on this initiative by the government. [1435]

Section 83 approved. On

section 84. B. Ralston:

Section 84 extends the property tax cap o n n e w i n v e s t m e n t s . I s t h e m i n i s t e r a b l e t o g i v e t h e House any sense of the likelihood of new investments, or is this simply there to attract new investment? Or is there any likelihood that this cap will be determinative of any investment decisions that are about to be made? Hon. C. Taylor: Certainly, in the first five-year pe- riod there have been new investments that are captured by this, but this is done to attract new investments. I don't have a specific example for the member opposite. Sections 84 and 85 approved. On

section 86. G. Coons: This section, dealing with the formula for the compensation of local governments from 2009 to 2018, is an interesting section. I'm just wondering. When calculating the annual payment, what tax year does the formula use? Does it use the current tax year? Hon. C. Taylor: I'm not sure I've got the question exactly. If not, please ask again. What we are doing in 2009 is taking the inflation since 2004, adding that and then taking inflation forward. G. Coons: I was more looking at…. Back in 2004, when the base rate was calculated, it was based on the tax rate of, I believe, 2003 tax figures.

So until 2018, will it still be based on the 2003 tax figures, or will it be cur- rent tax figures as we move along?

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10727 Hon. C. Taylor: Yes, it will, with the inflation from the 2004 period to 2009 and then increasing with infla- tion each year. G. Coons: In other words, back in 2004 it was based on the 2003 tax figures. So as we move along — say, for the 2009 year — will it be based on the 2009 tax figures of the properties that are within the port municipali- ties, or will it still be based on 2003 figures? Hon. C. Taylor: The original was based on the 2003.

The formula actually fully compensated the munici- palities for the difference between that 2003 rate and what we were capping it at. What we are now going back and doing is taking that full compensation from that period, but adding the inflation that would have happened each year as we went along, and then tying the future after 2009 to inflation each year. So your compensation goes up and then will go up with inflation automatically, going forward. That was something that the municipalities did come to us and ask about, so we believe this is positive for them. [1440] G.

Coons: I guess that's a concern I've heard through a lot of port municipalities — that for fair market com- pensation, yes, you're increasing it by the cost of living, but it's based on values back in 2003. By 2015, let's just say, the values will be quite out of whack, and the gap that municipalities will be losing seems to increase. Basically, when we look at this section, there's going to be new rates. You said it's going to be increased with the rate of inflation since 2004 and then with inflation for each year after that.

What is the percentage rate that the base rates are going to increase by from 2004 till 2009? Hon. C. Taylor: We don't have, of course, the final year's numbers that would result in the specific answer for 2009. But it looks like approximately 11 percent over that period of time, and it goes from $4.5 million to $5 million. G. Coons: So the CPI will be increased by about 11 percent? Okay. That's going to be based on current CPI as far as we've got going. With the figures I've got, if it continues at the same rate, it will be close to 13 percent. So if it is close to 13, that's what it will be. Hon. C.

Taylor: It will be whatever the inflation rate is.

Section 86 approved. On

section 87. B. Ralston: This

section is, I believe, the mechanism that the minister referred to earlier, which enables a municipality using provisions of the Community Charter to negotiate a separate agreement with port operators. Can the minister advise how this might work in practice? Hon. C.

Taylor: This came, actually, fairly late in the process, but it came from the North Vancouver municipalities, who said: "Why don't you give us the opportunity to negotiate with the port industries, and if we can come to a mutually acceptable solution that may be different from the other municipalities but we both agree to, why don't you allow us to do that?" We agreed and also have promised to continue the compensation. So they don't lose the compensation if they do another deal in terms of what that tax would look like.

This is specifically from those municipalities who want the opportunity to see if maybe they can do a design for their municipality's solution. B. Ralston: I'm sure the municipalities appreciate the opportunity to make their own provisions. In some sense, I guess, every tax is a negotiation with the public. But does the minister have any concerns about the mechanism here, where a municipality will be negotiating privately with individual port taxpayers to negotiate the taxes that they're about to pay? It seems to me there may be some public policy concerns about that approach. Hon. C.

Taylor: It is simply using the provisions of the Community Charter which already exist. B. Ralston: What obligation would there be on the part of a participating municipality, aside from an- nouncing the conclusion of the negotiations, to advise the public of what's taking place in the course of these negotiations? Hon. C.

Taylor: As elected officials, of course, they would carry the responsibilities of accountability and consultation with their community. [1445] The North Vancouver municipalities were really looking for an opportunity to be imaginative and to honour the policy which we as a government support, which is to encourage port development and to do it in a way that suits them. But it will happen only if the port operators and the muni cipality all agree, and we will continue to honour our compensation package. B.

Ralston: So I take it there would be no obligation on the part of individual port operators to enter into negotiations with the city, sh ould they wish to initiate them. It would be at their discretion, and they wouldn't be obliged to enter into agreements. It seems to me that if the municipality is one side of the negotiations, there may be a number of port operators, and force majeure may apply to a single holdout or something like that. I can well imagine that kind of situation. So what's the mechanism for the negotiations, or is that just left to the discretion of the individual municipality? Hon. C.

Taylor: The member opposite is correct that people have to be willing to enter these negotia- tions, and the

section does say that it is for a specific

10728 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 property. So the municipality might decide to work out a negotiation with a particul ar property but not find that everybody else agrees.

Section 87 approved. On

section 88. B. Ralston: It looks as though the minister's officials are packing up, so perhaps we should wait a minute until there are others arrivi ng. Perhaps if I might then, Madam Chair, just briefly wait. This

section initiates a series of sections bringing about changes in the Property Transfer Tax Act in

section 88 — m o s t n o t a b l y , a n i n c r e a s e i n t h e f i r s t - time-homebuyers program threshold for eligible resi- dential property from $375,000 to $425,000. I appreciate the change that's being made obviously. But has the minister engaged in any discussion about tying the increase in this particular qualifying value to inflation or some index? There is a concern broadly felt, I think, about a lack of access to the housing market, given the rising real estate values in many parts of the province. This is a program which does assist first-time homebuyers.

It requires legislative change each time to advance the threshold. Has the minister thought of or is the minister prepared to consider a mechanism that would see that exemption rise with the price of real estate or fall if it should fall at some point? Hon. C. Taylor: There are options, of course. But if you indexed it, for instance, to inflation, it would be less than this. So what we ha ve tried to do is index and match it to what's happeni ng in the housing market, which has been very strong, as we all know, in British Columbia. So that's the reason for the lift.

We anticipate that we will continue to lift the thresholds as the housing market in B.C. continues to be strong. B. Ralston: Well, rather than the straight CPI, there are other subindices of various commodities and prices within the consumer price in dex. I believe there's one that deals with real estate.

Would it not be possible to undertake that kind of mechanism — if not in legisla- tion, through regulation — that would offer a continuing support to first-time homebuyers who, I'm sure the minister will agree, are in creasingly scrambling in a very tight market, given the present market prices in many parts of the province? [1450] Hon. C. Taylor: Indeed, that is why we've been raising these thresholds, and we have used a reference to what has been happening in the housing market so that we reflect the great changes that have been hap- pening.

That's why we're raising the threshold for first- time homebuyers from $375,000 to $425,000. We do that every year. We make the analysis, and then we make the announcement as to what that threshold would be. B. Ralston: I take it that the minister is not looking prospectively to the future — or at least the ministry, perhaps — to devising some other mechanism to revise this, other than legislatively each year. Is that correct? Hon. C. Taylor: I believe that the member opposite is asking us to lock it into that relationship. The danger there is that if prices drop, then you would be lowering the threshold.

We prefer to make the analysis year by year so that you have more discretion and presumably might choose not to lower the threshold.

Section 88 approved. On

section 89. B. Ralston: I understand that this

section deals with "the fair market value of a home transferred from Habitat for Humanity." I think members of the House will be familiar with this organization which helps people, in a k ind of w ork b ee , bu il d h ou s e s f or l i tt le or n o c os t o ther than the cost of land. I'm wondering why this

section is required in the legislation. It seems to be, although com- mendable activity, a relatively rare occurrence. Hon. C. Taylor: This is part of many sections you'll see that refer to the 70 percent mortgage requirement that was there. In removing that requirement, we have to take it out of all the other sections — for instance, the Habitat

section — because it's no longer necessary.

Section 89 approved. On

section 90. B. Ralston: Yes, this is the more general

section about the proposition that the minister referred to just a moment ago. It appears that the present requirement, in order to qualify for the first-time-homeowners ex- emption, requires that th e purchaser or purchasers have a mortgage of at least 70 percent of the value of the property. That requirement is now being removed, which would suggest that if you're in a fortunate position where you're able to buy a house with 50 percent down or 75 percent down, you will still be eligible for the first-time-homebuyer exemption. It seems, at the very least, a little counterintuitive. Can the minister explain what the purpose of this

section is? Hon. C. Taylor: Yes, this certainly came to my at- tention. I'll speak personally first, but I know it came to the ministry's attention as well. Complaints were from parents, in many cases, who felt that this requirement really worked against some of the more unusual finan- cial relationships that are happening. Often, with a young person starting out, the family does help a bit, but it's not a formal mortgage. So that would mean the child would have to actually go to the bank and get a 70 percent mortgage even though they might not need that because the family could help a bit.

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10729 Or perhaps the first-time homebuyers actually had enough that they could put a bit more in down pay- ment, yet we were saying: "Well, even though you may have been able to save that and put it towards a house, we're still going to force you to take out a 70 percent mortgage even if you don't have to." This was really driven from consumers, people complaining that this was too rigid. It worked against some of the issues that young people and families were dealing with. So we have agreed and have taken out that requirement. [1455] B.

Ralston: Does the minister have any idea of the likely take-up of purchasers in this position based on the information that the ministry has received? Hon. C. Taylor: We anticipate the cost will be about $8 million. Sections 90 to 97 inclusive approved. On

section 98. B. Ralston: This

section is amendments to the Social Service Tax Act. These are, as I understand it, amend- ments on the application of the tax on personal property brought into British Columbia to allow for the adjust- ments of tax payable on a motor vehicle if the seller accepted another vehicle on account of the sale. So this would be a trade-in situation. Is that what this is design to accommodate? Hon. C. Taylor: Yes, it is.

Section 98 approved. On

section 99. B. Ralston: This

section talks about the passenger vehicle rental tax not applyi ng to passenger vehicles leased for eight consecutive hours or less, or more than 28 consecutive days. Later, in

section 121, there is a reference to what I think are called car co-ops or car-sharing organizations. I'm wondering if there is some relationship between what's proposed in removing this tax and

section 121, which refers to changes to the tax in relation to what are called car-sharing organizations or car co-ops. Hon. C. Taylor: Yes. This does relate to the co-op car share programs. This is on a go-forward basis. Per- haps when we get to 121, we can talk about what it is specifically. Sections 99 and 100 approved. On

section 101. B. Ralston: This proposed amendment imposes a tax on either contractors, such as tradespeople, or their clients at 7 percent of the value of the materials they use to make improvements to real property. I suppose my question is: is this double taxation, or is this attempting to clarify an existing practice? I'm not clear what the purpose is here. Hon. C. Taylor: Yes, this is intended to simplify and clarify current practice. B. Ralston: Just so that we're clear, there's no inten- tion — I wouldn't expect that there would be, but it always pays to ask — to engage in double taxation using this section. Hon. C. Taylor: As you would expect, the answer is no. [1500] B. Ralston:

Section 68.3 gives an exemption under the Indian Act.

Section 68.4 says that if contractor and client enter into an agreement, the client is liable for the t a x . T h e c o n t r a c t i s c o n s i d e r e d t o b e a r e t a i l s a l e o f t h e tangible personal property by the contractor to the client. Is there some relationsh ip between this proposed amendment and that provision? Hon. C. Taylor: I'm sorry. We're not certain what provision the member opposite is referring to. B. Ralston: Let me attempt to clarify it, if I can, just by reference to the section.

Section 101 proposes two new sections — 68.2 and then, over the page in the bill, 68.3. In 68.3 there's a reference in paragraph (

a) to "an exemption under this Act or

section 87 of the Indian Act (Canada)." I'm wondering wh at the relationship be- tween the Indian Act and this proposed amendment might be. Hon. C. Taylor: We are not able, of course, to tax in terms of the Indian Act. What this does is allow that exemption to flow through to the contractor who might be working, fo r instance, on a reserva- tion. Rather than a first nations individual having to actually buy the materials, this exemption flows through to the contractor, who wouldn't have to pay the tax because it's going to be used and built on the reservation.

Section 101 approved. On

section 102. B. Ralston: This

section adds an exemption when dental and optical appliances are sold — an exemption from tax. These are promotional products, as I under- stand it. Ordinarily, these are fairly big companies which are engaged in promoting their products to members of the professions such as dentists, optome- trists or physicians. I'm wondering why the ministry is proposing this amendment, given that both sides of the transaction seem well able to bear the costs.

10730 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 Hon. C. Taylor: These items are already exempt when they're being sold, so it just matches up that they're exempt when they're samples. B. Ralston: Is this to clarify the existing practice? If they're already exempt, I'm not quite sure why there's necessity for the legislation. Hon. C. Taylor: This is a new exemption. These products are exempt when they're sold. But the law has said in the past that when an optician, for example, receives a sample, he or she would have to pay tax and therefore would be far less likely to give samples to patients or clients.

By removing the necessity for the optician to pay the tax on samples, we believe it's better consumer service that they would have more free samples they might be able to try. [1505] B. Ralston: Just to close on this. As I understand it, typically a sample is given away free. Was the present practice that PST was required to be paid on samples that were given away? Hon. C. Taylor: Yes, by the optician. Sections 102 to 110 inclusive approved. On

section 111. B. Ralston: This is the South Coast British Colum- bia Transportation Authority Act. There's a long list of tax exemptions that are given to this authority. Are these simply exemptions th at are being transferred over to the new authorit y from the previous one — the TransLink structure — or are they new exemptions or the opportunity to give new exemptions? Is this new legislation? Hon. C. Taylor: This policy is consistent with cur- rent practice. B. Ralston: As I understand it, unless I'm mistaken, the transportation….

There's a new agency that's been created in a reconstituted form under the act that was passed last session. What I'm in terested in is this list of exemptions. Is that simply transferred from the old act, giving the new agency the authority to grant the same exemptions? Am I correct? You've said it confirms a pre- sent practice, but I'm interested in legislative authority. Hon. C. Taylor: In the past, exemptions have been total. What this allows us to do is be more specific and so exempt the public part of it from tax.

But if there is a private part to the development as well — for instance, in a parkade — it would be subject to tax. B. Ralston: The authority here in the

section ap- pears to be given to the Lieutenant-Governor-in- Council to grant these exempt ions. I'm just looking at

section 3.2 or, alternately, (3) following sub (e) — "a major crossing." So that's the authority that gives the Lieutenant-Governor-in-Council, the cabinet, the au- thority to grant these exemptions on behalf of the au- thority. Is that correct? Hon. C. Taylor: Yes, that's correct. [1510] Sections 111 and 112 approved. On

section 113. B. Ralston: Just for clarity, this

section is the fund or the operation of the fund that's referred to in sections 1 and 2 of the bill under the Arts Council Act. This is the

section that describes the mechanism for controlling the operation of this fund. Is that correct? Hon. C. Taylor: Yes, that's correct. Sections 113 to 116 inclusive approved. On

section 117. B. Ralston: This

section under the Transportation Act refers to the repayment of any surplus remaining from those tolls or charge s when the system is con- cluded. Can the minister advise: what is the purpose of this particular section? Hon. C. Taylor: This is an enabling

section that allows us to pass regulations that will enable us to comply with GAAP accounting rules. B. Ralston: Perhaps the minister could, just so I understand this, give an example of where there might be an obligation or a requirement to repay surplus tolls. I'm sure there might be some interest in that. Hon. C. Taylor: A specific example is the Sierra-Yoyo- Desan road. In this situation, you collect tolls, and the commitment is that they're used to maintain and improve the roads.

If there are dollars left over after those mainte- nance and operating expenses have happened, then the commitment is to return those dollars to the people who paid the tolls. This allows that to happen. B. Ralston: Yoyo-Desan is a resource road in northern British Columbia with probably relatively few users. Is that the only proposed or envisaged use of this section? Hon. C. Taylor: Y e s , f o r n o w , t h a t i s t h e o n l y e x - ample we have. Sections 117 and 118 approved. On

section 119. B. Ralston: This refers to the changes in the Finan- cial Administration Act to, as the minister described it, equalize compensation for MLAs who serve on

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10731 boards and commissions or, as I would prefer to char- acterize it, to give an additional expenditure to those MLAs. [1515] But the purpose of this

section appears to be to make it retroactive to July 1, 2007. Why is it being made retroactive when most of the provisions in this act are from the budget date forwar d or from the present for- ward? This reaches back almost nine months, and I'm wondering why that decision was made. Hon. C. Taylor: Again, we come down to the question of consistency. That's when the other per-diem amounts were brought in for other MLAs, so this matches that. Of course, that is wh y the July 1, 2007, date is used. Sections 119 and 120 approved. On

section 121. B. Ralston: This was the

section that we referred to earlier, in dealing with my question about car-sharing organizations or car co-ops as they're sometimes called. There was an issue that aros e with car co-ops both in Vancouver and in Victoria. It was raised by the MLA for Victoria-Hillside and, I believe, the MLA for Vancouver- Fairview, who were concerned about these changes or the application of the Social Service Tax Act.

Is this in response to th e concern that was raised at that time — that given the benign nature, I suppose, of the commercial arrangements that are contemplated in car co-ops and their generally positive approach to the public use of cars, they're now being exempted clearly and squarely from the application of the Social Service Tax Act? Hon. C. Taylor: Yes. What this

section does — and this, again, is in response to the car-sharing organiza- tions — is exempt what went on before April 1, 2008. They weren't collecting the tax anyway, so it's a for- giveness for that period of time, and then the new rules come into play. B. Ralston: Just so it's clear, what the minister said is that they weren't collecting the tax, they won't be liable for it, and they won't be obliged to pay it going forward. Is that right? Hon. C. Taylor: If I can be clear, it forgives the liability that would have happened previously. They weren't collecting the tax anyway.

But going forward, it is under the new rules, which is the eight-hour lease arrangement. So they would be responsible to follow the new rules, but what this does is forgive the past. B. Ralston: If I could turn back to the section. If there's a lease for longer than eight consecutive hours or for more than 28 consecutive days, then the tax doesn't apply. That's the new rule, then? Hon. C. Taylor: That's correct. As of April 1, 2008, passenger vehicle rental tax applies to all leases over eight consecutive hours and 28 days or less.

I believe that's what the member opposite said, and that is what the new rules are.

Section 121 approved. Hon. C. Taylor: I move the amendment to add

section 121.1, standing in my name on orders of the day. [SECTION 121.1, by adding the following section: Transition — Special Accounts Appropriation and Control Act 121.1 The transfer referred to in

section 9 (4) (

a) of the Spe- cial Accounts Appropriation and Control Act, as enacted by this Act, is deemed to have been made from Vote 41 (

S) of Supplementary Estimates, 2007-2008 on March 31, 2008.] On the amendment. Hon. C. Taylor: This amendment adds the transi- tion section, 121.1, which ensures the transfer of $150 million supplementary estima tes to the BC150 cultural fund, to ensure that it's effective on March 31, 2008. Amendment approved.

Section 121.1 approved. Sections 122 to 124 inclusive approved. [1520] On

section 125. Hon. C. Taylor: I move the amendment to add

section 125 standing in my name on the orders of the day. This amendment changes the commencement of

section 113 to March 31, 2008, and adds the commencement for 121.1. [SECTION 125, by deleting the text shown as struck out and adding the text shown as underlined: Item Column 1 Provisions of Act Column 2 Commencement 48

Section 113 By regulation of the Lie u- tenant Governor in Coun- cil March 31, 2008 53.1

Section 121.1 March 31, 2008] Amendment approved.

Section 125 as amended approved.

Schedule approved. Title approved. Hon. C. Taylor: I move that the committee rise and report the bill complete with amendments.

10732 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 Motion approved. The committee rose at 3:21 p.m. The House resumed; Mr. Speaker in the chair. Reporting of Bills BUDGET MEASURES IMPLEMENTATION ACT, 2008 Bill 2, Budget Measures Implementation Act, 2008, reported complete with amendments. Mr. Speaker: When shall the bill be considered as reported? Hon. C. Taylor: With leave, Mr. Speaker, now. Leave granted. Third Reading of Bills BUDGET MEASURES IMPLEMENTATION ACT, 2008 Bill 2, Budget Measures Implementation Act, 2008, read a third time and passed. Hon. C.

Richmond: I call second reading of Bill 11, intituled Small Business and Revenue Statutes Amendment Act, 2008, in the hands of the Minister of Small Business and Revenue and Minister Responsible for Regulatory Reform. Second Reading of Bills SMALL BUSINESS AND REVENUE STATUTES AMENDMENT ACT, 2008 Hon. R. Thorpe: I now move that Bill 11, Small Business and Revenue Statut es Amendment Act, 2008, be read a second time. This bill proposes a numb er of amendments to the assessment and taxation statutes administered by the Ministry of Small Business and Revenue.

The amend- ments in this bill reflect our commitment to continuous improvement in customer service, streamlining and simplifying legislation, promoting fair and efficient tax administration. The bill proposals amen dments to the Assessment Act, the Hotel Room Tax Act, the Income Tax Act, the Insurance Premium Tax Act, the Social Service Tax Act and the Tobacco Tax Act. Amendments to the Asse ssment Act will support the government's 2007 throne speech commitment to use new approaches to address the challenges of hous- ing, homelessness, addictio ns and mental health.

The creation of a small-unit supportive housing assessment class will allow eligible properties to be designated as such. The introduction of the new valuation method- ologies will allow actual value of properties in the new class to be reduced by regulation to minimize taxes paid. Amendments to the Asse ssment Act will enhance taxpayer fairness and equity for long-term leaseholders of accommodations properties used for short-term rentals.

The introduction of the classification method- ology for long-term lease accommodation properties will provide equitable and fair tax treatment similar to strata accommodations. Amendments to the Social Service Tax Act will streamline and simplify legislation by clarifying how taxes apply to multi-jurisdictional vehicles. Motor ve- hicle dealers and private sellers will continue to be able to sell vehicles intended to be licensed for multi- jurisdictional use without collecting social service tax at the time of sale.

Amendments to the Hote l Room Tax Act, Social Service Tax Act and Tobacco Tax Act will promote fair tax administration by ensuring all taxpayers claiming refunds under these statutes will be treated equally. By eliminating a six-month limitation period, all taxpayers will be able to claim refunds of taxes paid in the previous four years. [1525] Amendments to the Hotel Tax Act, Social Service Tax Act and Tobacco Tax Act will streamline and sim- plify the legislation by ensuring it encompasses all types of refunds and claims, and by removing outdated language.

Removing references to the outdated concept of mistake of law will ensure that all taxpayers are treated fairly and equally. Amendments to the In surance Premium Tax Act will streamline tax administration by simplifying and clarifying requirements for filing returns. Increasing the time permitted to file a return and clarifying how interest provisions apply to a taxpayer other than a taxable insurer will reduce confusion and encourage compliance. Clear, consistent and fair tax application improves customer service and ensures that taxpayers clearly understand their responsibilities.

Amendments to the Income Tax Act will increase clarity by harmonizing provincial and federal income tax requirements, ensuring th e act is fair and equitable and accurately reflects cu rrent provincial policy and administrative practices. This amendment will ensure that the B.C. pension credit continues to have the same structure and eligibility criteria as the federal pension credit. An individual resi- dent in British Columbia who claims a federal pension credit will also be able to claim a British Columbia pen- sion credit.

Amendment to the Tobacco Tax Act will expand the director's authority to cancel a permit or retail authorizations for reasons other than non-compliance. Finally, all of these amendments proposed in Bill 11 are consistent with our gove rnment's goal of providing continuous improvement in customer service excel- lence, streamlined legislation, and fair and efficient tax administration.

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10733 J. Brar: That was quite quick. I'm pleased to respond to the second reading of Bill 11, Small Business and Reve nue Statutes Amendment Act, 2008. The second reading of this bill comes on April 1. This bill must go be yond the spirit of April 1 and offer some real, serious, simple and meaningful solutions to customers. The key purpose of this bill as defined by the minister is to bring improvements in customer services, streamlining and simplifying legislation, and promoting fair and efficient tax administration.

In order to improve customer services, one is required to know what the customers want. To find that out, the ministry has to get into an extensive consultation process with the customers to make sure the ministry understands the customers — what they need, what changes they want and what changes will in fact make the changes defined as customer-friendly changes. This is the first successful step that will be impor- tant to take to make sure all of the changes proposed in the act will make sense for customers.

The second step will depend on the successful completion of the first step, which is consultation with all the stakeholders. At this point in time I would like to ask whether the consultation process was inclusive of all stakeholders or not. How many consultations and how many participants attended? Were all regions of the province covered and given a fair chance to provide feedback on this particular bill? Was the process inclusive of all the stakeholders we have who are going to be impacted by this particular bill? [S.

Hammell in the chair.] This bill seems to be a housekeeping bill, based on the information we have at this point in time, after the second reading stage. The housekeeping items include adding and repealing

definitions and offering some clarifications for acts listed in the bill. [1530] There are some areas where we have some serious questions to ask, where we need fulsome discussion and debate at the committee stage. I will certainly ask questions to ensure that all those changes and amend- ments are in line with the spirit of the bill, and that is to bring improvements in customer services, streamlining and simplifying legislation, and promoting fair and efficient tax administration.

The proposed amendment to the Assessment Act gives the cabinet the ability to classify property as supportive housing property and also to reduce the assessed value of the land. They already have the power to create a new property class under subsection 19(14) and under subsection 19(14.01). [K. Whittred in the chair.] The government does not give municipalities the ability to rezone land for supportive housing, as this bill suggests at this point in time, and this will interfere with the local government control over land use as well.

Section 4 of this bill creates

section 20.4 of the act, which provides cabinet with full powers to set regula- tions that will reduce the assessed value of supportive housing property. This will reduce the property taxes that the owners will have to pay, but it will also reduce the tax revenue for local governments towards the province. In 2007 the UBCM considered resolution B153 by Vancouver, which asked for more funding from the province for supportive housing and for these infrastructure funds to be linked to new zoning laws, allowing for the zoning of supportive housing.

In the resolution committee comments they recommended decoupling the two, noting that they had been in consultation with the province over the zoning issues. The amendment succeeded, and the resolution was passed. We don't know, at this point in time, the consultation process which has taken place after that or what the outcome of that is. We must make sure that the bill is reflective of the consultation that the ministry has had with all of the stakeholders and, particularly, with the local govern- ment toward the province, because they are very, very important stakeholders in this particular bill.

Therefore, at this point in time I tend to say that in principle I support the bill, but at committee stage we will have a number of questions on some areas. We will go along as more information is offered by the minister, particularly, as I said before, on the issue which I listed before on th e Assessment Act as well as the interjurisdictional purchase situation. I would like to conclude my comments. Thanks to the minister for providing very brief information. I will conclude by saying that in principle I support the bill. We have a number of questions to ask at committee stage, and then we can go from there.

C. Wyse: In following up with my colleague, like- wise, as the critic for local government affairs, I have some questions that I will be pursuing both at the committee stage of this particular bill as well as with the minister's staff, who I have been in touch with. It is one thing for legislation to have the cabinet set into place the classification for property taxation, such as the supportive housing property classifica- tion.

However, it also becomes important when that classification is simply put into place, whether it is cabinet that actually designates that to the property being talked about so that the zoning aspect becomes removed from the local government and has been transferred over to cabinet. That is an exceptionally important principle upon where the decision is made. [1535] As the situation exists here in British Columbia and has for long periods of time, it is the local government where the opportunity for people to talk to their decision- makers upon such items as the classification of property presents itself. [Mr.

Speaker in the chair.]

10734 B RITISH COLUMBIA DEBATES T UESDAY, APRIL 1, 2008 To have legislation that potentially could remove that availability to the local taxpayers is something that requires more extensive questioning at the committee stage. With that, hon. Speaker, having voiced these gen- eral concerns, I will follow up with them at the next stage. I thank you for this opportunity to present the concerns that I have for my critic area. Mr. Speaker: Seeing no further speakers, Minister of Small Business and Revenue closes debate. Hon. R.

Thorpe: First of all, I'd like to thank the members of the opposition who have expressed their comments — especially the critic, for expressing his support of this bill. But I think it's important that I just make a couple of closing comments here. Our government prides itself with respect to con- sultation in the area of dealing with adjustments and on the ongoing commitment to customer service in the area of taxation. Since 2005 we have conducted two consultation processes. The first consultation, phase 1, was a very, very extensive proc ess.

In that area I want to thank and just remind all members that I was ably assisted in that first phase of the review by the member for West Vancouver–Capilano. We then moved on to a second phase of discussions. As the member for West Vancouver–Capilano will attest, we have exceptional staff in the Ministry of Small Business and Revenue who have worked extensively with stakeholder groups in all regions of the province of British Columbia. In fact, in the first series of consulta- tions, phase 1, we conducted 21 consultations throughout the province.

The staff have developed an excellent network and relationships in all regions of the province of British Co- lumbia to make sure that these important issues are can- vassed, that positions are understood and that we find solutions that will continue us on our goal of continuous improvement in customer service, streamlining and sim- plifying the legislation to ensure that the taxpayers and the citizens of British Columbia know fair well what their obligations are and that they can fulfil those obligations. We know that a vast….

Almost 99 percent of all British Columbians want to comply with their known tax situations. So I look forward to the members' questions with respect to our consultation process, our goals and our achievements with respect to streamlining and simplifying.

With respect to the amen dments to the Assessment Act and, in particular, the area of providing a new as- sessment class for small, supportive housing, I think it's important to set aside political rhetoric and to join together in this House, join together in municipalities across British Columbia, because so many people talk about the need to address the housing challenges of the homeless, those with addictio ns and those with mental illness and mental health issues.

Our government, under the leadership of our Premier, clearly stated over a year ago at UBCM — I believe it was in the fall of 2006 — our government's vision of working with municipalities to provide a partnership so that the issues of homelessness, addic- tions and mental health, through new approaches to housing, could be facilitated. [1540] I am pleased with that. We reaffirmed that in the throne speech a year ago, and now we're moving for- ward to fulfil that commitment of our government.

I move that Bill 11 be referred to a Committee of the Whole House for consideration at the next sitting of the House after today. Mr. Speaker: Hon. Members, the question is second reading of Bill 11. Motion approved. Hon. R. Thorpe: I move that Bill 11 be referred to a Committee of the Whole House for consideration at the next sitting of the House after today. Bill 11, Small Business and Revenue Statutes Amendment Act, 2008, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today. Hon. C.

Richmond: I call second reading of Bill 13, intituled Labour and Citizens' Services Statutes Amend- ment Act, 2008, in the hand s of the hon. Minister of Labour and Citizens' Services. LABOUR AND CITIZENS' SERVICES STATUTES AMENDMENT ACT, 2008 Hon. O. Ilich: I move that Bill 13 be now read a second time. I'm very pleased to introduce second reading of this bill.

With this legislation we are strengthening protec- tion for farmworkers, we are streamlining the Freedom of Information and Protection of Privacy Act, we are amending the Labour Relations Code to provide for timely labour relations decisions, and we are making an administrative change to the Workers Compensa- tion Act. The amendments to the Employment Standards Act strengthen protection for farmworkers and reaffirm this government's commitment to ensure the safety of workers in British Columbia. They are part of the government's package of farmworker protections announced in 2007.

They are in response to the tragic accident last year that killed three farmworkers and injured several others who were travelling in a vehicle operated by a farm labour contractor. Since that tragedy we have taken a number of steps to support and better protect farmworkers. We have added enforcement staff to the employment standards branch and conducted 100 site inspections of farms, interviewing more than 3,000 workers. Farm labour contractors are now required to post seating requirements in each vehicle, and WorkSafe has

TUESDAY, APRIL 1, 2008 B RITISH COLUMBIA DEBATES 10735 hired six additional enforcem ent staff for agriculture, with one more position pending. Cross-ministry initia- tives that provided…. Farm labour contractors who transport workers in vehicles without enough seatbelts are now fined $598. The commercial vehicle safety enforcement team and the RCMP have stepped up their roadside safety blitzes. An interagency committee was established and supports increased monitoring of farm labour contrac- tors by regulatory agencies.

The committee is perform- ing valuable work and now has a website where the public can go to see the committee's achievements. The amendments that I am introducing today will further protect farmworker s in British Columbia. Specifically, the changes are to allow for the suspen- sion or cancellation of a farm labour contractor's li- cence for significant WorkSa fe B.C. or motor vehicle violations and to allow government to bill a farm labour contractor to recove r the cost of transporting stranded farmworkers when unsafe vehicles are taken out of service in roadside inspections.

This fee will be established by regulation. This legislation will also prohibit farm producer s from using the services of an unlicensed farm labour contractor. These changes are supported by the B.C. Agricul- tural Council, representing B.C. farm producers, and address suggestions put forward by families of the workers killed in the March 2007 accident. [K. Whittred in the chair.] There is minimal financial impact for government from these amendments, as th e fee is intended to re- cover costs and not to secure revenue.

In fact, our goal is that farm labour contractors will always transport their workers in safe vehicles and in a safe manner and that we never have to collect this fee. Enforcement of these provisions will be managed within current operations budgets. These amendments to the Employment Standards Act reiterate our gov- ernment's commitment to protect farmworkers. [1545] The amendments to the Freedom of Information and Protection of Privacy Act address recommenda- tions of the special committee that reviewed the act.

With these amendments, government continues the tradition of enhancing the privacy and access provi- sions. This will ensure that it not only remains the strongest legislation of its kind in Canada but also stays workable and relevant for the public, the In- formation and Privacy Commissioner and public bodies. Specifically, the bill ensures that the time period for transferring an access request commences only when a public body has sufficient detail to identify the records and the applicant's authorit y to request the records.

This will ensure that a pub lic body does not run out of time to transfer a request because it was unable to de- termine the specific record s the applicant was request- ing. This addresses a special recommendation of the special committee. The bill will permit school boards to disclose personal information to museums and archives for archival or historical purpos es. This, too, addresses a recommendation of the special committee. The bill strengthens the Information and Privacy Commissioner's inquiry and review processes.

It will allow the commissioner to require applicants to attempt to resolve complaints and requests for review with a public body before the commissioner opens the file. It will ensure that if a matter is referred back to an appli- cant in such a manner, the related time does not count against the 90 days the commissioner has to review the matter. It will protect the commissioner and his staff from testimonial compulsion.

It will enable the commissioner to order a public body to perform its duty to sever ac- cepted material and to disclose the remainder within a reasonable time specified by the order, and it will allow for the enforcement of the commissioner's orders as or- ders of the Supreme Court of British Columbia. All of these amendments address recommendations of the special committee. The bill also requires employees and service pro- viders of public bodies to notify the public bodies when they become aware of an unauthorized disclo- sure of personal informatio n.

This enhances privacy protection by ensuring that inappropriate disclosures of personal information can be addressed immediately by public bodies. Public bodies will be able to routinely disclose prede- termined personal information that they can currently disclose in response to access requests. This enhances public accountability by permitting public bodies to pro- actively release this predetermined information. Thes

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H0401pm-04
Type	hansard
Volume / chapter	H0401pm 04
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	cc29c5a4afb6b9674d63531b0b8d507adcc6e583

Source file is stored in the law ingest library (pdf).