British Columbia Hansard — Friday, May 16, 1975 — Morning Sitting (30th Parliament, 5th Session)
30p 05s 750516a
British Columbia — Debates (Hansard)
1975 Legislative Session: 5th Session, 30th Parliament
HANSARD
The following electronic version is for informational purposes
only.
The printed version remains the official version.
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
FRIDAY, MAY 16, 1975
Morning Sitting
[ Page
2427 ]
CONTENTS
Public Schools Amendment Act, 1975 (Bill 83). Hon. Mrs. Dailly.
Introduction
and first reading — 2427
Labour Education Centre of British Columbia Act (Bill 85). Hon. Mr. King.
Introduction
and first reading — 2428
Labour Code of British Columbia Amendment Act, 1975 (Bill 84). Hon. Mr. King.
Introduction and first reading — 2428
Attorney-General Statutes Amendment Act, 1975 (Bill 77). Hon. Mr. Macdonald.
Introduction and first reading — 2428
Legal Professions Amendment Act, 1975 (Bill 76). Hon. Mr. Macdonald.
Introduction
and first reading — 2428
Savings and Trust Corporation of British Columbia Act (Bill 86). Hon.Mr. Barrett.
Introduction and first reading — 2428
Committee of Supply: Department of the Attorney-General estimates
On a point of order.
Mr. Chabot — 2429
Division on motion that the committee rise and report progress —
Perpetuities Act (Bill 1). Committee stage.
Amendment to
section 2
Hon. Mr. Macdonald — 2430
Amendment to
section 6.
Hon. Mr. Macdonald — 2431
Amendment to
section 22 Hon. Mr. Macdonald — 2431
Report stage — 2431
Public Trustee Amendment Act, 1975 (Bill 3). Committee stage.
Report stage — 2431
Investment Contracts Amendment Act, 1975 (Bill 4). Committee
stage.
Report stage — 2431
Administration Amendment Act, 1975 (Bill 5). Committee
stage.
Amendments to
section 3.
Hon. Mr. Macdonald — 2431
section 3 as amended
Mr. L.A. Williams — 2431
Report stage — 2432
Co-operative Associations Amendment Act, 1975 (Bill 6).
Committee stage.
Amendment to
section 1.
Hon. Mr. Macdonald — 2432
Report stage — 2432
Real Estate Amendment Act, 1975 (Bill 9). Committee
stage.
section 1
Mr. Gardom — 2432
Report stage — 2433
Securities Amendment Act, 1975 (Bill 20). Committee
stage.
Report stage — 2433
Police Amendment Act, 1975 (Bill 46). Committee stage.
Report stage — 2433
Mortgage Brokers Amendment Act, 1975 (Bill 48). Committee
stage.
Report stage — 2433
Status of Men and Women Amendment Act (Bill 75). Committee
stage.
section 1
Mr. Gardom — 2434
Fair Sales Practices Amendment Act, 1975 (Bill 10). Committee stage.
section 1.
Mr. Gardom — 2434
Report stage — 2435
Special Funds Appropriation Act, 1975 (Bill 23). Second reading.
Mr. D.A. Anderson
— 2436
Division on second reading — 2441
British Columbia Hydro and Power Authority
(1964) Amendment Act, 1975 (Bill
25). Second reading.
Hon. Mr. Barrett — 2442
Division on second reading — 2445
Assessment Authority of British Columbia Amendment Act, 1975 (Bill 28). Second
reading.
Hon. Mr. Barrett — 2445
Division on second reading — 2447
Appendix — 2448
FRIDAY, MAY 16, 1975
The House met at 10 a.m.
Prayers.
HON. D. BARRETT (Premier): Mr. Speaker, I would ask the
House to welcome some guests today. I notice, first of all,
that the consul-general of The Netherlands is with us today,
and I would ask the House to welcome him.
Sitting next to the consul-general is a very old, dear
friend of mine who has been active in the trade union movement
and the credit union movement for all of his years in British
Columbia, John Anatooshkin.
And, Mr. Speaker, we have three other very important and
distinguished guests: Mr. George S. May, chief executive
officer and general manager of the B.C. Central Credit Union;
Mr. Peter Podovinikoff, vice-president of the B.C. Central
Credit Union; and Mr. Donald W. Bentley, director of the B.C.
Central Credit Union.
Interjections.
HON. MR. BARRETT: Mr. Speaker, in recognition of the
perceptiveness of the Member for Vancouver–Point Grey, I'd ask
the House to welcome these gentlemen.
Interjections.
MR. SPEAKER: You should raise that as a point of privilege
immediately.
At any rate, Hon. Members, there is a matter of privilege I
would ask your cooperation on.
Three things have happened yesterday and the day before that
I think are urgently in need of some correction.
One thing that happened was that there was a bit of a
scuffle in the Speaker's corridor last night at adjournment.
This is what I am informed. Now whether that's true or not I
don't know, but there was quite a press of people out there in
the corridor and quite an exchange taking place.
On another occasion a person in the gallery was required to
be removed. There was a considerable press of people in the
corridor trying to find out what was going on when the servants
of the House were trying to do their duty.
The third matter is that when the mace was accompanying the
Speaker from the chamber, an insult was thrown at the Speaker.
Usually when that happens somebody gets arrested, but I don't
believe in those rather extreme remedies. Although, I notice
that they do it in England, but I don't think we're quite that
strict.
Nonetheless, I think it's important that all of us
cooperate in trying to keep order and dignity in this
assembly. In view of the hearty assent, I'm sure we will all
try.
I think the Hon. Member for North Peace River has an urgency
matter.
MR. D.E. SMITH (North Peace River): Mr. Speaker, I rise to
ask unanimous leave of the House o move a motion under standing order 49 in our book of
standing orders. The motion is: that this House suspend the
provisions of 45A — Committee of Supply — for the remainder of
this session and further authorize the Select Standing
Committee on Standing Orders and Private Bills to undertake
immediately discussion and recommendations for rule changes
with respect to debate in Committee of Supply, and to report
their recommendations to this House.
I so move, Mr. Speaker.
MR. SPEAKER: I think, first of all, before taking it to the
House, I should point out to the Hon. Member that there are two
distinct propositions, and they would be out of order in the
same motion. I would urge the Hon. Member to separate the
propositions if he wishes to put them to the House because they
don't permit the House to make a consensus where there are two
separate propositions contained in one motion.
MR. SMITH: I'm prepared, Mr. Speaker, to put them in two
separate motions.
MR. SPEAKER: Do you want to take time to do that or...?
MR. SMITH: Yes.
MR. SPEAKER: Perhaps we could go on with other business and,
with leave of the House, the matter could be raised at the time
of adjournment.
Leave granted.
Introduction of bills.
Hon. Mrs. Dailly presents a message from His Honour the
Lieutenant-Governor: a bill intituled Public Schools Amendment
Act, 1975.
Bill 83 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
[ Page 2428 ]
LABOUR EDUCATION CENTRE
OF BRITISH COLUMBIA ACT
Hon. Mr. King presents a message from His Honour the
Lieutenant-Governor: a bill intituled Labour Education Centre
of British Columbia Act.
Bill 85 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
LABOUR CODE OF BRITISH COLUMBIA
Hon. Mr. King presents a message from His Honour the
Lieutenant-Governor: a bill intituled Labour Code of British
Columbia Amendment Act, 1975.
Bill 84 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
MR. G.B. GARDOM (Vancouver–Point Grey): A very short point
of privilege dealing with a headline in....
MR. SPEAKER: I wonder if the Hon. Member could restrain
himself for one minute till we finish with the bills.
MR. GARDOM: I'm under restraint, Mr. Speaker.
(Laughter.)
ATTORNEY-GENERAL
Hon. Mr. Macdonald presents a message from His Honour the
Lieutenant-Governor: a bill intituled Attorney-General Statutes
Amendment Act, 1975.
Bill 77 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
On a motion by Hon. Mr. Macdonald, Bill 76, Legal
Professions Amendment Act, 1975, introduced, read a first time
and ordered to be placed on orders of the day for second
reading at the next sitting of the House after today.
SAVINGS AND TRUST CORPORATION
OF BRITISH COLUMBIA ACT
Hon. Mr. Barrett presents a message from His Honour the Lieutenant-Governor:
a bill intituled Savings and Trust Corporation of British Columbia Act.
Bill 86 introduced, read a first time and ordered to be
placed on orders of the day for second reading at the next
sitting of the House after today.
HON. A. B. MACDONALD (Attorney-General): Mr. Speaker, I ask
leave to discharge the committal of Bill 2, Patients' Estates
Amendment Act, 1975, and that it be dropped from the order
paper.
Leave granted.
MR. GARDOM: On a point of privilege. Just in order that
there not be any uncertainty in the minds of my children, Mr.
Speaker....
MR. SPEAKER: Or mine.
MR. GARDOM: Well, that's your problem, Mr. Speaker.
(Laughter.)
MR. SPEAKER: Well then, I want to disclaim having thrown you
out of the House, so far.
MR. GARDOM: But in order that there not be any uncertainty
in their minds, I think it should be recorded that my
long-suffering wife is still tolerating me, Mr. Speaker, and I
continue to have house privileges, notwithstanding the cut line
in this morning's Province .
MR. SPEAKER: I'm sure it was an error they would
correct.
MR. D.A. ANDERSON (Victoria): On a point of privilege. Mr.
Speaker, I ask leave to withdraw question 153 standing in my
name on the order paper.
Leave granted.
MR. D.E. SMITH (North Peace River): Mr. Speaker, second time of asking
today. I ask leave, under standing order 49, to move two motions without notice,
the contents of which are as follows: motion
(1) That this House suspend the
provisions of 45A, Committee of Supply, for the remainder of this session;
the companion motion
(2) That this House authorize the Select Standing Committee
on Standing Orders and Private Bills to undertake immediately discussion on
recommendations for rule changes with respect to debate in Committee of Supply
and report their recommendations to this House. Moved and seconded by the Hon.
Member for Columbia River (Mr. Chabot.)
[ Page
2429 ]
HON. MR. MACDONALD: Mr. Speaker, the usual rules of the
House are that a motion to change the rules is on two days'
notice, placed on the order paper.
MR. SMITH: I have asked leave.
HON. MR. MACDONALD: I point out that the Member has had the
opportunity for the past almost four months.
MR. CHABOT: It is not four months.
HON. MR. MACDONALD: Almost four months.
MR. SPEAKER: I think the rule is that under standing order
49, where there is unanimous consent, without previous notice leave may
be granted. We'll deal first with the first motion. Shall leave be
granted?
Leave not granted.
MR. SPEAKER: On the second motion, shall leave be
granted?
Leave not granted.
MR. SPEAKER: It will have to be on the order paper, by
notice of motion.
Orders of the day.
Hon. Mrs. Dailly asks leave of the House to proceed with
public bills and orders.
Leave granted.
House in Committee of Supply; Mr. Liden in the chair.
ESTIMATES: DEPARTMENT OF
THE ATTORNEY-GENERAL
(continued)
On vote 21: correction services, $27,501,093 — continued.
HON. E.E. DAILLY (Minister of Education): Mr. Chairman, I
move the committee rise, report progress and ask leave to sit
again.
MR. CHAIRMAN: Order! It is the right of the Chairman to
recognize the people he sees on the floor in the order.... I
recognized the House Leader, and a motion has been made.
Interjections.
MR. CHAIRMAN: Have you a point of order to make?
MR J.R. CHABOT (Columbia River): Well, are you going to
recognize me?
MR. CHAIRMAN: If you have a point of order to make, please
make it.
MR. CHABOT: My point of order, Mr. Chairman, first of all,
is that there is a rotation system and you are supposed to
recognize both sides of the House. There are two sides in this
House. There's one to the left and the other to the right.
MR. CHAIRMAN: Order! I have a responsibility as Chairman of
this House to be fair and to be responsible.
MR. CHABOT: You haven't started to display that this morning.
You are proceeding with the same kind of arrogance you displayed
yesterday.
MR. CHAIRMAN: Order! Order!
MR. CHABOT: Now my point is....
MR. CHAIRMAN: Order! Will you take your seat? Order!
[Mr. Chairman rises.]
MR. CHAIRMAN: Order! You haven't been recognized. Will you please take
your seat?
I recognized him and I have now asked him to take his
seat.
[Mr. Chairman resumes his seat.]
MR. CHAIRMAN: The Member for Columbia River (Mr. Chabot),
you haven't cited a rule I am in violation of that I can
see.
Interjections.
MR. CHAIRMAN: Order! The responsibility of the Chair is to
recognize people as he sees them on the floor. I recognized the
House Leader, and the House Leader (Hon. Mrs. Dailly) has made
a motion that I am prepared to place before the committee.
Interjection.
MR. CHAIRMAN: I would ask you, if you have a point of order,
to please cite the standing rule that you raise this under.
MR. CHABOT: Common decency, Mr. Chairman,
[ Page 2430 ]
suggests that I have a right on behalf of the taxpayers of
this province to debate $27 million of taxpayers' money. The
people in the gallery today must be ashamed of what's taking
place with democracy and the rights of individuals to speak in
this House when I'm not allowed as an elected representative to
speak on behalf of the people of this province. It's a
disgrace.
MR. CHAIRMAN: Order! Order!
MR. CHABOT: I should have the right to speak,
[Mr. Chairman rises.]
MR. CHAIRMAN: I am asking you to take your seat in the way the rules
of this House function.
Interjection.
MR. CHAIRMAN: Order! Will you take your seat?
Interjection.
MR, CHAIRMAN: Will you take your seat?
[Mr. Chairman resumes his seat.]
MR, CHAIRMAN: You know the rules of this House.
HON. MRS. DAILLY: Mr. Chairman, I would like to make this
point. I am sure that the Hon. Member is aware that at this
present time there has been placed on the order paper a motion — which will appear, as you know, in the proper time — that
would give an opportunity for the discussion of these
estimates. Therefore I consider that as far as I am concerned
the move to go into public bills and orders is quite valid.
MR. CHAIRMAN: Order! The motion is that the committee rise,
report progress and ask leave to sit again.
Motion approved on the following division:
YEAS — 27
Macdonald
Dailly
Strachan
Nimsick
Stupich
Hartley
Calder
Sanford
Cummings
Lorimer
Williams, R.A.
Cocke
King
Lea
Young
Radford
Nicolson
Nunweiler
Skelly
Gabelmann
Lockstead
Rolston
Anderson, G.H.
Barnes
Steves
Kelly
Lewis
NAYS — 12
Smith
Chabot
Richter
McClelland
Curtis
Morrison
Schroeder
Gibson
Anderson, D.A.
Gardom
Williams, L.A.
Wallace
Mr. Chabot requests that leave be asked to record thy
division in the Journals of the House.
The House resumed; Mr. Speaker in the chair.
MR. CHAIRMAN: Mr. Speaker, the committee reports progress
and asks leave to sit again. It also reports that there was a
division that should be recorded in the Journals of the
House.
Leave granted.
HON. MRS. DAILLY: Mr. Speaker, public bills and orders.
Committee on Bill 1.
PERPETUITIES ACT
The House in committee on Bill 1; Mr. Liden in the
chair.
Section 1 approved.
section 2.
HON. A.B. MACDONALD (Attorney-General): I move the
amendment, which is very plain, standing in my name on the
order paper on page 19. (See appendix.)
MR. L.A. WILLIAMS (West Vancouver–Howe Sound): I don't find
the amendment clear at all, and I implore the Attorney-General
to give the committee an explanation of why he has made this
change at this late time.
HON. MR. MACDONALD: As all Members are aware of the rule in
Whitby and Mitchell, which prevented the passing on by devise
or bequest the property of the decedent to an unborn widow, we
are now making it plain that it isn't only in the case of land
that we would strike down that kind of an invalid disposition,
but we would allow the rule to apply to all property. That's
the amendment; just very simple.
Amendment approved.
Section 2 as amended approved.
[ Page
2431 ]
Sections 3 to 5 inclusive approved.
section 6.
HON. MR. MACDONALD: I move the amendment standing in my name
on the order paper. (See appendix.)
Amendment approved.
Section 6 as amended approved.
Sections 7 to 21 inclusive approved.
section 22.
HON. MR. MACDONALD: I move the amendment standing in my name
on page 19 of the order paper. (See appendix.)
Amendment approved.
Section 22 as amended approved.
Sections 23 to 27 inclusive approved.
Title approved.
HON. MR. MACDONALD: I move that the committee rise and
report the bill complete with amendments.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 1, Perpetuities Act, reported complete with amendments
to be considered at the next sitting of the House after
today.
HON. L.T. NIMSICK (Minister of Mines and Petroleum Resources): Committee
on Bill 3, Mr. Speaker.
PUBLIC TRUSTEE AMENDMENT ACT, 1975
The House in committee on Bill 3; Mr. G.H. Anderson in the
chair.
Section 1 approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move that the committee
rise and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 3, Public Trustee Amendment Act, 1975, reported
complete without amendment to be considered at the next sitting
of the House after today.
HON. MR. NIMSICK: Committee on Bill 4.
INVESTMENT CONTRACTS
AMENDMENT ACT, 1975
The House in committee on Bill 4; Mr. G.H. Anderson in the
chair.
Sections 1 and 2 approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 4, Investment Contracts Amendment Act, 1975, reported
complete without amendment to be considered at the next sitting
of the House after today.
HON. MR. NIMSICK: Mr. Speaker, committee on Bill 5.
ADMINISTRATION AMENDMENT ACT, 1975
The House in committee on Bill 5; Mr. G.H. Anderson in the
chair.
Sections 1 and 2 approved.
section 3.
HON. MR. MACDONALD: Mr. Chairman, I move two amendments
standing in my name on the order paper. (See appendix.)
Amendments approved.
section 3 as amended.
MR. L.A. WILLIAMS: Mr. Chairman, I don't have any particular
objection to the direction which the Attorney-General is taking
this particular statute, but I believe I must fairly say that
we're now going so far as to unnecessarily complicate the
administration of many estates. We are finding an example where
more
[ Page
2432 ]
and more people have got to be served with more and more
papers. The public trustee will have to have expanded
facilities in order to receive and file all the documents that
he is being obliged to receive under legislation of this
kind.
I would hope that the Attorney-General could perhaps make
some investigation through his department as to the true need
for all these requirements. I know the Attorney-General has had
instances come to his attention where beneficiaries of estates
have not been advised that they are beneficiaries, but it seems
to me that we're going far, far beyond what is required to
provide relief in cases of this kind, particularly in cases
where a beneficiary is an infant and that infant's mother or
father is the executor living at home. Yet copies of these
documents have got to go all over the place. I just happen to
know from experience in this kind of practice of a multiplicity
of documents. It's xerography gone wild in the estate business — that's what it is, Mr. Chairman. The
Attorney-General should recognize it instead of sending out
reams of documents to the public trustee. I think that some
examination should be made as to the real need. I hope that a
study could be conducted to make some assessment of the
cost-value relationship to this procedure.
HON. MR. MACDONALD: Mr. Chairman, I certainly agree with the
Hon. Member that the paperwork and complexity should be reduced
to a minimum. But the reason for service on the public trustee
in the case of a minor or a mentally-disordered person is for
the protection of that person against an executor who might
easily be able to ignore that minor's or other person's rights.
If the papers are sent there in that kind of a case, as they
should have to be under this section, if the public trustee
saw, for example, that the minor was represented by a lawyer or
that it was from a family that could clearly look after it,
that would be the end of the matter. But it's only that unusual
case which we would like to protect people against who are not
able to protect their own rights, the very unusual case where
the public trustee, having notice or a complaint, can look at
the thing and then move in to protect this infant or
mentally-disordered person.
So it's basically a filing, which I would think in 99 per
cent of the cases, I suppose, is meaningless. It's that 100th
case where the minor needs some special protection or someone
who hasn't got the mental capacity needs some special
protection, of which the public trustee wants to be
apprised.
Section 3 as amended approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move that the committee
rise and report the bill complete with amendments.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 5, Administration Amendment Act, 1975, reported
complete with amendments to be considered at the next sitting
of the House after today.
HON. MR. NIMSICK: Mr. Speaker, committee on Bill 6.
CO-OPERATIVE ASSOCIATIONS
AMENDMENT ACT, 1975
The House in committee on Bill 6; Mr. G.H. Anderson in the
chair.
section 1.
HON. MR. MACDONALD: Mr. Chairman, I move the amendment
standing in my name on page 19 of orders of the day. (See
appendix.)
Amendment approved.
Section 1 as amended approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move the committee rise
and report the bill complete with amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 6, cooperative Associations Amendment Act, 1975,
reported complete with amendment to be considered at the next
sitting of the House after today.
HON. MR. NIMSICK: Mr. Speaker, committee on Bill 9.
REAL ESTATE AMENDMENT ACT, 1975
The House in committee on Bill 9; Mr. G.R. Anderson in the
chair.
section 1.
MR. G.B. GARDOM (Vancouver–Point Grey): I'm speaking to one point, and
very quickly, Mr.
[ Page
2433 ]
Chairman. I don't think I'll be off topic, but if I am off
topic I won't be off topic very much.
I wonder if the Hon. Attorney-General has given any thought
to making a similar suggestion under the Real Estate Act that
we find under the Legal Professions Act, that the trust funds
would incur interest for the use of, say legal aid, as we find
under the Legal Professions Act. I wonder if he would care to
comment upon that point, because there are millions and
millions of dollars in trust in this province in any given
period of time in the real estate field, and it is not possible
for anyone to benefit from the interest on those trust funds. I
think that if there were a similar provision made, the only
people who would be deprived would be the banks, and it would
be in the public interest.
HON. MR. MACDONALD: Mr. Chairman, that's a valuable
suggestion, and one which has crossed my mind. The field of the
notary public is in a similar situation.
We have the real estate inquiry under Dr. Gideon Rosenbluth,
and I don't think that matter has been referred particularly to
him. It's a little bit more of a legal matter, but I will see
that he gets a copy of this exchange, after we have edited the
grammar. It is Dr. Gideon Rosengluth.
I really think that this is something that is probably
practical and should be done, because there is no question that
in the case of the lawyers' trust funds, the amount of money
from the interest on those trust funds has been of great
benefit to us, not only in legal libraries but in the provision
of legal aid and legal services.
It is a good suggestion.
Section 1 approved.
Sections 2 to 5 inclusive approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 9, Real Estate Amendment Act, 1975, reported complete
without amendment to be considered at the next sitting of the
House after today.
HON. MR. NIMSICK: Mr. Speaker, committee on Bill 20.
SECURITIES AMENDMENT ACT, 1975
The House in committee on Bill 20; Mr. G.H. Anderson in the
chair.
Sections 1 to 10 inclusive approved.
Title approved.
HON. MR. MACDONALD: I move that the committee rise and
report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 20, Securities Amendment Act, 1975, reported complete
without amendment to be considered at the next sitting of the
House after today.
HON. MR. NIMSICK: Committee on Bill 46, Mr. Speaker.
POLICE AMENDMENT ACT, 1975
The House in committee on Bill 46; Mr. G.H. Anderson in the
chair.
Sections 1 to 5 inclusive approved.
Title approved.
HON. MR. MACDONALD: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 46, Police Amendment Act, 1975, reported complete
without amendment to be considered at the next sitting of the
House after today.
HON. MR. NIMSICK: Committee on Bill 48, Mr. Speaker.
MORTGAGE BROKERS AMENDMENT ACT, 1975
The House in committee on Bill 48; Mr. G.H. Anderson in the
chair.
Sections 1 to 9 inclusive approved.
Title approved.
[ Page
2434 ]
HON. MR. MACDONALD: Mr. Chairman, I move the committee rise
and report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 48, Mortgage Brokers Amendment Act, 1975, reported
complete without amendment to be considered at the next sitting
of the House after today.
HON. MR. NIMSICK: Committee on Bill 75, Mr. Speaker.
STATUS OF MEN AND WOMEN AMENDMENT ACT
The House in committee on Bill 75; Mr. G.H. Anderson in the
chair.
section 1.
MR. GARDOM: I wonder if the Hon. Attorney-General would
agree to an adjournment of this bill. I notice there are around
30-odd statutes to consider and, speaking only for myself, I
have not had an opportunity to go through them. It would be
appreciated. Maybe if all the other Members are satisfied, my
colleagues....
HON. MR. MACDONALD: Mr. Chairman, I accept the suggestion.
There are some very odd statutes that are being amended in this
bill.
The House resumed; Mr. Speaker in the chair.
MR. CHAIRMAN: Mr. Speaker, the committee reports progress
and asks leave to sit again.
Leave granted.
HON. MR. NIMSICK: Committee on Bill 10, Mr. Speaker.
FAIR SALES PRACTICES AMENDMENT ACT, 1975
The House in committee on Bill 10; Mr. G.H. Anderson in the
chair.
section 1.
MR. GARDOM: I'd like to make an observation if I can concerning this
statute — I am not opposing the request today for the Hon. Minister to have
her bill passed — but there's still an area of deficiency. I'm not too sure
whether this will fall within the purview of the Minister or the Department
of the Attorney-General, but at the present time we find that the civil service
and the public are essentially being let down in this area where specific protection
is required. If the Attorney-General could remain for a moment, it may be more
in his department than the Minister's. I'd just like to give the Minister a
specific illustration, if I can.
There's an elderly retired gentleman who owned a vacant lot
which was his principal asset. It was his nest egg, and he sold
it for $ 10,000. This gentleman is in his 80s, and it was the
first time in his life that he had anything of value, but he
didn't have it for too long. He saw one of these "get rich"
advertisements in the newspaper and he decided to invest his
bonanza, his nest egg, in gold and silver bullion.
He went to the office of these individuals, and saw a person
there who identified himself as a "registered official
salesman." Well, they hooked this old timer very quickly. He
did not seek independent advice, and I feel that someone in the
vending organization should have seen that he received just
that. This was his one-time asset. It may not be huge to some,
but it was enormous to him, and it was lost. He didn't receive
any information about the possible pitfalls, no suggestion that
he could obtain independent advice or help, and instead he was
gulled into purchasing something that was completely
intangible, and he was gulled into putting up his $10,000 all
by this alleged registered official salesman.
Those words meant something to this old-timers, and we don't have the protection in British Columbia today to assist either
your Ministry, Madam Minister, or the Attorney-General's, to
cover these kinds of situations. This individual felt that this
so-called registered official salesman at least possessed some
kind of regulated qualification which at least required some
kind of technical or governmental approval and expertise, but
that wasn't the case at all because there are no means
available today under existing statutes that these kinds of
transactions can be registered.
I would suggest, recommend and plead to the Hon. Minister
that some type of legislative safeguards come into being in
this province, because here we have this old timer putting down
his $10,000. He committed himself to owing another $35,000,
which he didn't have, to purchase bullion without any guarantee
and without even any assurance of a place of delivery for the
thing he was proposing to buy, although there are provisions
within this form of contract, which neither your Act nor the
Securities Act assists, for forfeiture of the entire deposit
under certain conditions. Talking about delivery, delivery
might be in Transylvania or Monrovia, or what-have-you.
The protections under the Securities Act do not assist, and
I gather that protections under the Fair Sales Practices Act do
not assist, because there are
[ Page 2435 ]
existing in the Province of B.C. today these very high-toned
types of newspaper sales pitches, and these very high-voltage
sales programmes, but essentially these people are moving on a
franchise. We don't have a franchises Act such as perhaps we
could find in the statutes in Saskatchewan, or in Alberta, for
that matter, and where we find powers of licensing, powers of
bonding, and penalties for people who carry on these operations
in contravention of those kinds of powers, I would seriously commend the Attorney-General and the
Minister of Consumer Services to give thought to this
suggestion, It's a very simple thing. There could be an
amendment, Madam Minister, to your Act. Personally, I think it
would be better for the Securities Act of the Attorney-General
to cover these kinds of situations so these people would have
to be bonded the same way as the security salesman is, or they
would have to have their contract have a stipulated form, as
per the contracts you have stipulated under your statute.
Today we're finding people being gulled, as this old
gentleman was. The company in question is facing receivership.
It's questionable as to whether the funds will be available. He
has maintained an action for fraud and misrepresentation, but
there's great difficulty of collection. You see, the
representation was false. Had there been a bond, had this
individual who was the salesman come within some degree of
regulation, then your government would have been able to act
more speedily and in the correct avenue to cure the
situation.
I'd very much appreciate it if these two Ministers would
give very serious thought to the suggestion that has been
raised, and I would commend each of them to the prevailing
statutes in the Province of Saskatchewan, which has a direct
sellers Act which deals with licensing and bonding and gives
purchasers a power to rescind in these situations. Alberta has
the franchises Act. I don't know if a separate statute is
required; I tend to think it is not. I think it could be
adequately handled by an effective amendment to the statutes
that are now part of the laws of the Province of British
Columbia. This would be a relatively simple thing to do before
the end of this session. If there's any way that I could
assist, I'd be more than delighted to do so.
HON. P.F. YOUNG (Minister of Consumer Services): I appreciate the problem
that the Hon. Member has raised. I am aware of the case and the particular company
that is in receivership. However, in all fairness, I must point out that this
legislation does not deal with that particular problem. This is one of the reasons
we sought to change the name of the legislation, because there was quite a bit
of confusion between this title and the title of the Trade Practices Act. That
is why we are asking for a new title.
In the Trade Practices Act, we do have the right of a person
who is a first franchisee. We have protection for them there
that if it is quite obviously a device wherein they are conned
or something, they can take action. The second time around, no.
If they're not smart enough to catch on the first time, then
they're not very smart. That is the only place we have in our
legislation to deal with a franchise operation. I think the
Hon. Attorney-General (Hon. Mr. Macdonald) and myself could
probably decide where this problem more appropriately belongs
and where it can be solved. I think the Securities Act may be
the better vehicle inasmuch as it deals with financial matters.
However, in discussions we can resolve this. But I would point
out that this particular legislation deals in no way.... This
deals with pyramid schemes, period.
Interjection.
HON. MS. YOUNG: I couldn't agree with you more, Hon.
Member.
HON. MR. MACDONALD: Mr. Chairman, if I can be out of order
for a second, too, this is a problem that my colleague and I
are concerned with. Where there's a sale of gold between
individuals, that's something where you can sue — if you can
sue. But where there is a trading in paper, an interest in
gold, that comes very close to being a trading in a security. I
know the superintendent of brokers has been concerned about
this; he's been scanning the bullion ads in the newspapers to
see if it's carried on. It may be that at some time we'd have
to look at an amendment. Your remarks will be transmitted to
the superintendent as well as having been for the information
of my colleague and myself.
MR. GARDOM: Thank you.
Section 1 approved.
Sections 2 to 5 inclusive approved.
Title approved.
HON. MS. YOUNG: Mr. Chairman, I move the committee rise and
report the bill complete without amendment.
Motion approved.
The House resumed; Mr. Speaker in the chair.
Bill 10, Fair Sales Practices Amendment Act, 1975, reported
complete without amendment to be considered at the next sitting
of the House after
[ Page 2436 ]
today.
HON. MR. NIMSICK: Mr. Speaker, adjourned debate on second
reading of Bill 23.
SPECIAL FUNDS APPROPRIATION ACT, 1975
(continued)
MR. SPEAKER: The Hon. Second Member for Victoria adjourned
the debate.
HON. D. BARRETT (Premier): No, it's the Member for Mackenzie
(Mr. Lockstead), but he's not here.
MR. SPEAKER: Oh, I see. I recognize the Hon. Second Member
for Victoria, in that event.
MR. D.A. ANDERSON (Victoria): Bill 23, the Special Funds
Appropriation Act, is a general purpose bill which gives some
$70 million for a variety of programmes without any indication
by way of line-by-line analysis as to how it's going to be
spent. I shouldn't say "any indication;" it does break it down:
$15 million to the community recreation fund, $20 million to
the ferry capital expenditures funded $20 million to the summer
programmes and $15 million to winter programmes. That's
all.
We have had a history in this House of opposing bills which
grant large sums of money for these funds. We feel that the
government should budget correctly; we feel that the funds are
a device for avoiding proper budgeting. This was the position
of the former official opposition, the NDP, when it was
opposing the funds set up by the former Premier. We then had
the present Minister of Finance (Hon. Mr. Barrett) state — I
think he said — "for the time being" or "for the moment."
Anyway, he gave the impression it would be a temporary
examination of the whole system; then he proceeded, of course,
to increase certain funds. That happened back in 1973.
It appears clear now that they've abandoned their previous
position and have decided that the funds for which they are not
accountable until the public accounts look at them many, many
months — perhaps years — later is the way to go in these various
areas.
I can only reiterate the opposition we feel to such a manner of budgeting.
If you're going to have $15 million for the Community Recreational Facilities
Fund, let's make sure the money goes to the Minister responsible for recreation
— I guess the Minister of Recreation and Conservation — let's make sure it comes
out in his budget. Let's make sure that we see in the green book, in the line-by-line,
how he intends to spend it, who will be hired under that, and where the money
will go. Clearly, we don't have to have every expenditure of every dollar detailed.
Clearly, we will set up certain funds for certain purposes to be spent in accordance
with certain indications. But here we have no indication whatsoever, as you
get in the budget.
Section B, $20 million for the ferry capital expenditures
fund, worries me again. Last year we discussed this, Mr.
Speaker. You'll recall distinctly that we had a discussion of
$35 million, and we asked how much more it would cost; we asked
what the total cost would be of those new ferries that were
commissioned. We got nothing but evasiveness from the Minister
of Transport and Communications (Hon. Mr. Strachan). Sure, it's
going to be spent on ferries, but what will the total cost of
these ferries be? Is this an extra amount of money over the
amount it was expected they would cost? Is it for new vehicles,
new ships? None of this is in detail in this bill and
therefore, whether one approves the ferries or not, it becomes
extraordinarily difficult to approve of this type of bill which
simply has us granting money and throwing it, essentially, into
the hands of the government without the slightest control.
Is $20 million for summer programmes, $15 million for winter
programmes? Again, it's not detailed at all. It's just down
there as, what, $20 million for summer programmes and $15
million for winter programmes: that's all it says.
The Minister of Labour (Hon. Mr. King) is not here — he,
presumably, would be talking about these programmes if it were
in estimates and if his estimates were before the House. So we
are going to vote against this bill in principle because the
principle of funds which are unaccountable is wrong; the
principle of budgeting money by way of special funds is wrong.
The idea that we should be called upon to vote $70 million in a
19-line bill, as indicated by the Second Member for
Vancouver–Point Grey (Mr. Gardom), is just doubly wrong.
We will vote against it.
MR. N.R. MORRISON (Victoria): No matter how you feel about
special appropriation funds, and generally we have supported
them in the past, we feel that this amount of $70 million is
really extending the principle of special funds quite a long
way beyond what the original intention was. We think there are
some needs for special appropriations, but, generally speaking,
those funds should be earmarked and should be covered in the
budget.
One item which hasn't been discussed so far, I believe, is that these are not
earning funds. I want you to notice that they are also back-dated to March 31,
1975. When these funds are voted I would like the Minister of Finance (Hon.
Mr. Barrett), if he could, to tell us what the investment policy is for those
funds until they are used. Does the money simply go, for example, into the drawer
of John Mika for the department of Hon. Mr. Strachan? Does John
[ Page
2437 ]
Mika just put that money in his drawer until they require
it, or is it invested? If so, where and what are the earnings
on it? What are the earnings used for? Does the interest on
that money accrue to that fund, or does it go back into general
revenue, or where does it go?
You can't help but accept that one of the reasons, and
perhaps the real reason, for a large amount of special funds is
to prevent some accountability to the Legislature. And I would
prefer to see, as I have said, that accountability shown and
displayed. There's no way that we can really know what these
funds are used for. True, we can look at public accounts a year
or a year and a half later, and try to analyze where they went
and what they were used for. But the capital expenditures,
particularly for the ferry expenditures, really should be in
the budget. There's really no good reason why the $30 million
for the special employment programme should not be included
under the Minister of Labour's estimate.
It's been mentioned earlier, and I reiterate, that the
recreation fund, which all of us have supported, does not allow
for operating costs. Some of the smaller areas are finding that
they have done marvellous things with this fund, and I wouldn't
want to quarrel with that issue, but they are running into
operating expenses that perhaps they're not able to carry. I
wonder if the Minister of Finance could look at that area in
the future.
We will be supporting this bill, with those reservations,
because we have accepted in principle that special funds
appropriations are necessary.
[Mr. Liden in the chair.]
MR. L.A. WILLIAMS: Mr. Speaker, it has been traditional for
me over the past number of years to oppose this kind of
legislation. But I'm going to vote for this bill, second
reading, because I find that there has been a change which I
can accept — that the funds which are established under this
legislation are expended under specific legislation.
Interjection.
MR. L.A. WILLIAMS: Yes, it might be appropriate to amend
this bill in committee, and all Members have that right thereby
to express any concerns that they have.
You know, it's different from what it was in the old days,
Mr. Speaker, when we used to get funds set up to do things like
beautify the power lines or to establish a monument to the
dragonfly. (Laughter.)
In those days, Mr. Speaker, we did properly oppose this kind of funding because
it was a very convenient way of taking surplus moneys and locking them away
in the hands of the Minister of Finance to do with what he might wish, which
was largely to finance the Crown corporations.
But here we have three specific amounts of money which are
to be expended in three specific ways. Now we all appreciate
what the Community Recreational Facilities Fund Act has done
for many municipalities and organizations in this province. I
don't know of anybody who quarrels with that. There is a very
careful examination made of all the submissions which come
before the government, not by the Minister of Recreation and
Conservation (Hon. Mr. Radford) but by a staff committee
composed of members from several departments.
I can assure you, Mr. Speaker, that the difficulty which the
municipality in which I reside had in getting a grant convinces
me of the care that is taken by that staff committee in
assessing these various projects. It's a very careful
expenditure of funds.
I've always wondered why we criticize so much the
capitalizing of ferry projects in this particular way, because
it has been traditional for as long as I've been in this House
for there to be a lump sum amount in the estimates for ferry
capital, just as there has always been a lump sum announced for
highways construction. We can ask all kinds of questions about
it of the Minister. So this is not really a change in any
respect from what has been the former practice.
Lastly, on the matter of summer and winter employment
programmes to be administered under legislation passed by this
House, we are able to ask all the questions we want, and I
don't think that anybody in this House really quarrels with the
concept of making funds available for special employment needs.
There are many students who have been able to continue their
education because of this kind of legislation.
I think there is ample scope for debate. All we have to be
certain about is that the moneys are directed to funds which
are established under legislation and not directed to some
funds just under a convenient name which is merely a disguise
for another picket of the Minister of Finance.
DEPUTY SPEAKER: The Hon. Premier closes the debate.
HON. MR. BARRETT: Mr. Speaker, on occasion when
reasonableness infects this House, it makes it difficult to do
the ritual tribal dance that is expected on the conclusion of a
bill such as this.
Certainly I welcome the statements made by the Member for
West Vancouver–Howe Sound (Mr. L.A. Williams), who represents
the independents in British Columbia. He's given what I think
to be a frank, independent view of the situation as it stands
now.
It is a correct assessment to say that in the past the
special funds were used to be salted away for financing capital
projects. No one is opposed to doing that. That's a good,
cautious fiscal approach to
[ Page 2438 ]
management of money. What we were opposed to at that time
was the fact that somehow, unfortunately, the impression was
left that X-number of millions of dollars were going to be
spent on protecting the dragonfly, when in actual fact only the
interest off those earnings was protecting the dragonfly, so to
speak.
But politics were being served. Politics left the impression
and raised expectations throughout the communities of this
province that beautification would actually take place, that
other services announced for the special funds would actually
go on to the limit of those funds. Regrettably that led to the
growing cynicism in this province about accepting the word of
the former administration about developing these
programmes.
I think that the questions raised about the expenditures are
valid. The Member points out that there is opportunity to
discuss these expenditures.
I want to, first of all, dwell on the fact that there is a
surplus. That's not necessarily a bad thing. I know that the
official opposition is disappointed that it does exist, because
the official opposition has been making some of the wildest
statements about our financial situation that I find are
absolutely incomprehensible in terms of the accounts available
through the same staff in the Department of Finance that
existed under the former government. To go around this province
deliberately attempting to leave the impression that all is not
well with the provincial finances is patently false.
I am shocked and disappointed, in the heat of political
battle, that anyone would make those statements, which are
calculated for political gain but which may have the damaging
effect on the belief of people that somehow the finances of
this province are not in good shape. I regret that.
I want to point out that when the Hon. Member for
Cowichan-Malahat (Hon. Mr. Strachan) was the fiscal critic in
the House for the official opposition when we were in that
role, he never once attacked the basis of the fiscal stability
of this province. He vigorously opposed legislation that
philosophically we didn't agree with or in principle we didn't
agree with, but at no time did our spokesman ever attack the
fiscal base of this province. At no time did the Hon. Robert
Strachan, in that role, run around this province trying
deliberately to leave the impression that this province was in
fiscal problems.
Even when we attacked the Columbia River, we always added
the caveat — if I may, because I've been talking to lawyers —
that the province was wealthy enough to handle even that
blunder. And we always said that in our statements. But we
never tried to spread doom and gloom about the great potential
and future of this province, in spite of politicians and in
spite of political parties.
Now we are witnessing, in this debate for the expenditure of some $70 million
additional, an almost plaintive acceptance by the opposition that this is good,
but a little bit disappointed, in the words from the Member for Victoria "that
it's so much."
Now what kind of quixotic, philosophical position allows a
Member to say, on the one hand, to the public that they're
fiscally irresponsible, this new government, but then to come
into this House and find out that, my goodness, the surplus
funds are even greater than we used to have? In effect, Mr.
Member, that's what you were pointing out.
MR. MORRISON: I didn't say that.
HON. MR. BARRETT: I know, Mr. Member, that you didn't say
that, but your party and your spokesman have been running
around this province deliberately attempting to create the
atmosphere that all is not well fiscally in British Columbia.
Yet the evidence here — that they say they're going to vote for — is that there was $70 million left over in last year's budget
in spite of the overruns in social welfare, in spite of the
overruns in ferries, in spite of the overruns in other
departments. There was still $70 million left over. And are we
taking the $70 million and shoving it into little pet capital
projects under the guise that the title of the funds that would
come out would be what the money was spent on? No.
The independent Member for West Vancouver–Howe Sound (Mr.
L.A. Williams) has made that point, and made it adequately.
So you see, Mr. Member, through you, Mr. Speaker, the
difficulty of the official opposition, known as the Social
Debit Party — I mean, Social Credit Party. On the one hand, to
take the position publicly that we're in fiscal trouble, and on
the other hand to be forced here today — as they will be, and
I assure you they will be — to stand up and place their name on
record as to how they voted on, what, for goodness sake? — on
how they voted on $70 million surplus money after we spent the
welfare programmes. After we gave Mincome, Pharmacare, day care — programmes they never allowed, after we provided new
ambulance services, after we provided extended services
throughout this province, their name will go on the record as
endorsing the further expenditure of $70 million surplus that
came about because of good management by this government.
I wish sometimes that television were available so the
people of this province could see how difficult it is for the
official opposition to say one thing outside and another thing
inside.
Along with this $70 million surplus, I'd like to contrast
the delicate financial situation that exists in this country.
The federal Minister of Finance is attempting to put together a
budget for the end of May to deal with the fiscal crisis as he
sees it in this
[ Page 2439 ]
country; and, Lord knows, there is a fiscal crisis in North
America. But let us look at our position in that particular
crisis, and let us examine what traditional financing has done
for other provinces.
First of all, let us take our neighbouring province, the
Province of Alberta. They have established a heritage fund.
They are an administration that is in a surplus position. Why
are they in a surplus position? They are in a surplus position
because, Sir, they have reaped new profits from oil and gas in
that province. I submit to you that had they adopted the
policies of our government they'd have half again as much
money. They have allowed the private oil companies to disappear
with huge profits off oil and gas that actually belong to the
Canadian people. But, nonetheless, even though those oil
companies and gas companies have made huge profits, they still
have a surplus in Alberta. A Conservative government. Why is it
they have a surplus? — oil and gas.
Let us move now to Ontario — only figuratively, because I
don't want to punish anybody who lives in this beautiful
province with the idea that we might stay there. But let us
move, figuratively, to Ontario.
Last year, under a conservative government that in many ways
resembles Social Credit philosophy — that is, put the screws on
the poor, don't help the small businessmen, fight the trade
unions, all the symptoms of Social Credit under the
Conservative label — in that province they had an operating
deficit, not a capital deficit, of how much? A deficit of $1.6
billion overrun — $1.6 billion in one year in Ontario! Have you
ever seen a front-page headline in the Vancouver Sun , the
Province , the Victoria Daily Colonist , Southam News
in British Columbia, reading "$1,600,000,000 Deficit in
Ontario" and contrasting British Columbia's $70,000,000
surplus? Has anyone seen that headline?
MR. D.E. LEWIS (Shuswap) No way.
MR. G.F. GIBSON (North Vancouver–Capilano): Is the press
being mean to you, Dave?
HON. MR. BARRETT: Mr. Speaker, it's not a question of the
press being mean; the press is capitalist-oriented, I hate to
say that. And having said that, that may appear in the
headlines, but I want to point out that even though we spent
$100 million more for people in Mincome, Pharmacare, day care,
even though we spent more money for ambulance services,
supplements for education, more money on recreation and
conservation, we have $70 million overall surplus.
AN HON. MEMBER: Hear, hear!
HON. MR. BARRETT: Do the weekly papers stress that point? "Barrett and
the NDP spent all that money and, gosh darn it all, they even had 70 million
bucks left over."
Now the question is also raised about cash in the bank when
we came into office, and that is being used as part of the
argument that somehow the government is using money that was
already there. So we've had to tell our civil servants to tell
the people the way it was. What was it? When we came to office
there was $98 million in the bank and that was signed by the
former Minister of Finance (W.A.C. Bennett) — $98 million cash
in the bank and $255 million out in instant debt known as
parity bonds.
Interjections.
HON. MR. BARRETT: Oh, now we're going to come to this. In
parity bonds there was $255 million. That's just like printing
money and a good investment. Anybody who buys a parity bond has
a good investment and is backed by the people of this province.
But there was $255 million out with $98 million in the bank.
What is the situation today after we've spent all that money on
these programmes, after we've got $70 million surplus? What is
the situation today? Well, it is a fact, Mr. Member and all the
Members of this House and all the people of this province, that
I want to report that the people of this province have reduced
the parity bond debt from $250 million down to $160 million!
And by absorbing that and then raising the cash — and I know
this part hurts Social Credit, so I want to say it softly,
because Social Credit will have to go around and admit this to
everybody in the province — after having the $70 million
surplus, after reducing the parity bond debt by close to $100
million, instead of $98 million cash in the bank, we've got
$157 million in the bank. We have $157 million cash, and you
know, Mr. Speaker....
Interjections.
HON. MR. BARRETT: I hear them chattering, and I hear them
nervous, and I hear them embarrassed. On top of that — I hate
to say this publicly, too, considering my political philosophy — Moody's rating service in New York, who does not look at
political shades but in balance sheets, says that this little
old socialist government has a double A rating — one of the
highest outside of all the Americas.
Interjection.
HON. MR. BARRETT: Ontario, too. Ontario got a triple A
because they're hooked into more borrowing that we are. I want
to say....
MR. GIBSON: I hear they have a big deficit.
[ Page 2440 ]
HON. MR. BARRETT: Sure they have a big deficit. But look at
how much borrowing they are doing. I want to tell you that when
I go down to New York — this little kid born in British
Columbia and raised in the East End of Vancouver, who went to
high school looking for 20 cents to buy fish and chips — now
there's a line-up of those conservative bankers saying:
"Please, sir, can we do business with you?"
Imagine what would happen if I went to the NDP convention
and they found that I was Wall Street's darling. (Laughter.)
Oh, what fate has done! The twist of irony! There it is. And
who's done it? Not me! It's every single one of my colleagues
in the cabinet and the backbenchers, who represent the ordinary
people of this province by saying: "No more rip-offs. No more
giveaways. Sell our resources at a fair price and get a fair
return for the people of British Columbia."
I don't want to go around telling this to the people of
British Columbia; that's why I speak this way in this
House.
Interjection.
HON. MR. BARRETT: Certainly — a $70 million surplus — I have
to tell you how we got it. (Laughter.) I have to tell you who
got it, because if there's ever any question of me, I don't
have the option of running home to daddy and crying.
(Laughter.)
What I'm saying is, Mr. Speaker....
MR. MORRISON: What about the extra taxes to the
municipalities?
HON. MR. BARRETT: Oh, the extra taxes. "What about the extra
taxes," it the cry from the opposition Member. Yes, we
have put extra taxes on — guess who? The multinational
corporations. What's wrong with that? What is wrong with taxing
the multinational corporations? Every citizen I meet on the
street...they come up to me, nudge me and say: "Go to it,
Dave!" (Laughter.) They don't have much sympathy for those
huge, monstrous corporations.
AN HON. MEMBER: What about small businesses?
HON. MR. BARRETT: The Member wants to be told about the small-business
tax. He raised it, not me. We are the only administration in all of Canada that
has lowered the capital corporation tax on small businesses. I would have never
thought that the opposition would expose themselves to finding out what was
in the budget. Now they have to go around telling the small businessman: "Yes,
it's true. Those socialists have lowered your taxes." Don't let my party know
about it because they'll find out that (
a) I'm the darling of Wall Street; (
b) I'm lowering taxes for small businessmen. That will ruin the philosophical image
that that group is deliberately trying to spread around this government. There
it is.
These speeches are not intended to embellish, Mr. Speaker;
they are only dealing with facts as they are.
Now we shall deal with some of the more specific criticisms
raised, because I think it's important to deal with them. The
Member for West Vancouver–Howe Sound (Mr. L.A. Williams),
because now he is an Independent, is able to cut the terrible
party bond he had on him which said he must vote against this
kind of bill. His independence has given him a freedom away
from his party constrictions to stand up and announce that he's
going to vote for this bill. I don't want anybody to suspect
that the change of position is paving the road to a change of
party because he said that we were far more honest than the
former administration — we're spending all the money. So it
would be difficult for him, on this bridge, to go over to
Social Credit, let alone the problems of the nomination.
(Laughter.)
So I want to say to my friend, the learned judge, and to
others in this House who have brought up these problems, let us
examine where the money is. The money is in general revenue. It
should be there in general revenue, Mr. Member for Victoria,
receiving valid interest rates on a bid basis. The bids are
open to all. The former government would not deal with certain
banks. We don't dislike certain banks, and play politics that
way, We dislike them all, so we let them all compete for the
money. We're fair about it; we don't pick on any one bank —
they're all in there. We've even allowed the credit unions to
have some money. The former government would never do that. The
former government wouldn't put a nickel in with the credit
unions. Why? They were B.C.-based, with B.C. people.
Having answered that question, we go on to the next
question: the community resource development fund. As a social
worker and as an MLA representing a growing constituency, I
went around this province and saw community after community
after community that was starved for recreational facilities —
the ability to recreate, to enjoy leisure time, to share with
fellows in your own community the opportunity of growing, to
read poetry, to become a part-time thespian, as some Liberals
would enjoy doing. (Laughter.) No political party has more
experience in acting than the Liberals — and they should hone
it, I think, to a higher degree, especially as they walk the
fence.
The other party, they don't need those skills — they're on
the plank.
I want to say, Mr. Speaker, that when we went around this
province and I met our candidates who fought for their local
areas, they said to me: "Dave, you know one thing we've got to
do? We've got to
[ Page 2441 ]
stabilize these communities. We've got to give people a
centre for social focus in these communities."
So we said: "Okay, our party policy would be that we pay
one-third of the capital costs of community resource
recreational development."
We spent over $40 million, all in new programmes — cash —
and we still have a surplus. On top of that...you want to
know the figures? We have helped over 200 separate communities
in this province through this fund.
We have helped Liberals; we have helped Conservatives; we
have helped Social Credit, and, God knows, they need help. We
have helped them all to develop, within their own interests,
the community which they represent here in this House. Yes, in
the city of Fort St. John, where I was humbly asked to humbly
participate in a humble opening of a humble facility without
their humble MLA....
MR. GARDOM: Humblebug!
HON. MR. BARRETT: "Humblebug," says the Member.
Mr. Judge, through you, Mr. Speaker, (laughter) enjoy it.
It's later than you think. (Laughter.)
I want to say that it was a great experience to stand up
there cutting a ribbon....
MR. GIBSON: Jimmy Gorst does that.
HON. MR. BARRETT: Now there goes that poor fellow with the
57-vote majority. Surely we can do something in North Vancouver
to help you. Surely you can come and make an application, and
you'll be at the ribbon-cutting too.
There is a problem, however, raised by the Members about
financing staff. No question about it. Operating costs for
recreational centres should not be looked upon lightly. Those
people who work in recreational facilities have an onerous
task, and many times their job is misinterpreted as being
involved in leisure-time activities as if they were part of the
leisure time.
I tell you, people who have some of the greatest
occupational stress are those who work in a leisure-time field.
They personally lose the highly prized hours of the evenings
and the weekends because the nature of their employment and/or
their profession takes them away from their families at those
periods of time. We recognize that as a severe problem. We also
recognize that there is a shortage of skilled staff in that
area.
As a consequence of the approaches made to me by the
backbenchers and other people, we have said, "all right, we
must find ways of getting more money into the hands of the
communities." So I announced the revenue-sharing from natural
gas resources. Every little town, village, hamlet and city
received the basic $25,000 cash grant, first time ever, plus other grants under
the natural gas money. I have yet to hear an official
opposition Member get up — after all the criticisms, all the
attacks — saying: "Mr. Premier, regardless of party, on behalf
of all British Columbians I want to thank you for getting that
good deal out of Ottawa on our natural gas." They never said
it.
Now I am too humble to ask for praise, but I do think once
in a while that it would be worthwhile, for their own good
image, to swallow and say: "We had thought that we wouldn't get
anything, but our Premier did come back from Ottawa
successfully, and got an increase in the gas price, and was
able to help the communities in this way." Because that is a
fact.
We also established the petroleum corporation, which they
voted against, which also contributed to this surplus. That is
a fact.
I don't have enough time, Mr. Speaker, to give the fulsome
praise that is due every single cabinet Minister and every
single backbencher of this government who has had the courage
and the conviction to back legislation like the petroleum
corporation, which has given us this surplus, as it should be,
out of the revenue of our natural resources, which belongs to
the people of British Columbia — not only to the multinational
corporations.
So, Mr. Speaker, I say with pride — yes, pride — that we do
have a $70 million surplus and it will be spent for community
facilities, for ferries, and, more than anything else, will be
spent with pride on a brand new programme that will spend money
for jobs for students so that they can finance their higher
education here in this province.
So, Mr. Speaker, let me say in conclusion, with a sense of
pride, humility and desire to do more, that I move second
reading of this bill.
Motion approved on the following division:
YEAS — 36
Macdonald
Barrett
Dailly
Strachan
Nimsick
Stupich
Hartley
Calder
Sanford
D'Arcy
Cummings
Lorimer
Williams, R.A.
Cocke
King
Young
Radford
Nicolson
Nunweiler
Skelly
Gabelmann
Lockstead
Gorst
Rolston
Anderson, G.H.
Barnes
Steves
Kelly
Lewis
Williams, L.A.
Schroeder
Morrison
Curtis
McClelland
Smith
Chabot
NAYS — 5
Gardom
Anderson, D.A. Wallace
Gibson
McGeer
[ Page 2442 ]
Bill 23, Special Funds Appropriation Act, 1975, read a
second time and referred to Committee of the Whole House for
consideration at the next sitting after today.
HON. MRS. DAILLY: Second reading of Bill. 25, Mr.
Speaker.
BRITISH COLUMBIA HYDRO AND POWER
AUTHORITY
(1964) AMENDMENT ACT, 1975
HON. MR. BARRETT: Mr. Speaker, the sole purpose of this bill
is to increase the borrowing authorization of the British
Columbia Hydro and Power Authority from $2.25 billion to $3
billion. The increased amount is needed to carry out the
authority's commitment under the Columbia River Treaty for
construction of new dams to keep up with the ever-increasing
demand for power and for the authority's day-to-day capital
expenditures.
Mr. Speaker, I now move second reading.
MR. MORRISON: Mr. Speaker, on this particular bill we will
be presenting an amendment in committee, but I would like to
remind the Premier that last year when he was discussing a
similar bill he made some pledges in this House as to the
loans, and those pledges were not kept. He has had some secret
borrowings from undisclosed sources. He has not yet told the
House where those loans came from. He had made selected
disclosure on other deals; and we feel that it's important that
this House be given all the facts, and that the public know all
the facts. The real issue of this bill, again, is
accountability.
Under the NDP, B.C. Hydro for the first time in history is
sliding into a deficit position.
HON. MR. BARRETT: Who signed the Columbia River treaty?
MR. MORRISON: But we will be, as I said, proposing
amendments in committee stage.
MR. D.A. ANDERSON: Mr. Speaker, if we had more in the way of
information on this, we might be a little happier with this
particular bill. We're now getting to that period of the
session where hundreds of millions of dollars come up in bills,
one after another, and the bills get shorter and shorter as we
go along. The last bill took 19 lines for $70 million; this
takes only three lines to go up $750 million. I had hoped that
the Premier would be providing a great deal in the way of
background material or extra information.
HON. MR. BARRETT: In committee. You will get that in
committee.
MR. D.A. ANDERSON: He has offered now, and I thank him for
it, to provide that in committee.
HON. MR. BARRETT: Sure.
MR. D.A. ANDERSON: But we feel that without better publicity
on exactly how the money is to be spent, we will oppose this
bill in principle.
MR. P.L. McGEER (Vancouver–Point Grey): Mr. Speaker, I
wouldn't have thought the Premier would bring a bill of this
kind before the House without first having launched the inquiry
which the Minister of Lands and Forests (Hon. R.A. Williams)
promised into the affairs of the B.C. Hydro.
HON. MR. BARRETT: It's coming.
MR. McGEER: The Premier and the Minister both hinted darkly
of wrongdoing in B.C. Hydro, despite allegations by former
officers of that Crown corporation that the Minister in fact
was being less than truthful, less than truthful with the
statements he made, having privileges of House immunity. It's
been my contention that until that Minister is cleared, he
should not serve as a director of the Crown corporation and
could not possibly have the confidence of the officers of that
particular institution. I don't think it appropriate, either,
for there to be increased borrowing on the part of the B.C.
Hydro until the matter of the Columbia River treaty is
thoroughly aired.
We all know that during the time the negotiations were
underway and in the immediate post-negotiation period, the
financial arrangements were kept a secret — that is, the
details of them — from the Legislature and from the public. The
affairs of that corporation are still in effect hidden from
view. They are hidden from view because the present government,
like the previous government, operates to see that they remain
hidden from view. There's not public meeting whereby the
citizens of British Columbia can go and ask questions. It is
true that at least one officer of the corporation now appears
before the public accounts committee once each year, although
they haven't appeared this particular year, but I really don't
consider that as more than minimal progress.
HON. MR. BARRETT: Do you like the way the Socreds did
it?
MR. McGEER: I don't like the way you're doing it either, Mr. Premier.
HON. MR. BARRETT: You're not going to join them? Tell us,
Pat.
MR. McGEER: I might join you.
[ Page
2443 ]
SOME HON. MEMBERS: Oh, no! (Laughter.)
MR. McGEER: I just want to prove that you can say shocking
things on the floor of the House, Mr. Speaker. But I couldn't
contemplate anything like that unless the Premier were to make
a clean breast of the way he's run the finances of this
province.
HON. MR. BARRETT: You've already committed suicide.
MR. McGEER: And we're far from that in the way this Crown
corporation is being managed. Of course, there is apparently a
lot under the carpet in the B.C. Railway and the B.C. Hydro.
The government is choosing to give people a little peek under
the carpet when it suits their fancy, but when it doesn't suit
their fancy they clam the carpet down. Don't they?
MR. GARDOM: Yes, they do.
Interjection.
MR. McGEER: He's got a bad back — go easy on him....
HON. MR. BARRETT: Are you fellows still talking to each
other?
MR. McGEER: So, Mr. Speaker, the Legislature, particularly
the backbenchers — one of them showed a little spunk for just a
few minutes before it flickered out last night — shouldn't be
continuing to support a government in practices which hide
accountability of Crown corporations. Of course, the government
is failing to live up to its promises in having an
investigation of the operation of the B.C. Hydro. I am
personally convinced that this commission will never come to
pass and that the government is doing its very best to forget
about it and bury it and hoping that we won't continue to
remind them of the promises that they made under pressure.
We are going to continue to do that, and we are going to
continue to demand that the government take some action with
respect to renegotiation of the Columbia River treaty. It's all
very well to blame the previous government for the losses on
the Columbia River treaty compared with what the people
expected and were promised. But that's no excuse for the
Minister of Lands, Forests and Water Resources (Hon R.A.
Williams) to be on a committee advisory to the permanent
engineering board, a committee of Ministers that could instruct
the board to obtain the data necessary for a firm case to get
payments under the Columbia River treaty increased. Then we
find that the Minister, in all the time he's been in office and
all the statements the Premier has made about what a dreadful
job Social Credit did and the former
Liberal government, this key committee has never even met —
never even met, Mr. Speaker. Despite all the criticism, all the
suggestion that others were to blame, the government totally
neglects its responsibilities now. It is attempting to push it
off on somebody in the past, failing to live up to its
responsibilities now and failing to reveal, as it should, all
the financial nooks and crannies of the Crown corporation. I
understand in two weeks' time or so we are going to have some
of the scandals of the B.C. Railway laid before us. We will
want to go into that thoroughly. But whatever those turn out to
be, the basic fault will be lack of scrutiny by the opposition
and the public. I say without equivocation that that lack of
scrutiny applies under the present government to exactly the
same degree. Were it going on today in any Crown corporation,
the only way it would be found out would be by some future
government revealing the mess of a previous government. You
have to have open meetings of shareholders, you have to have
full disclosure of financial operations, and you have to let
Crown corporation officials know that they are going to be held
accountable both to the public and to the public's elected
representatives.
Above all, Mr. Speaker, you've got to get politicians off
the boards of directors. If a crown corporation is to operate
under sound technical and financial practices, it cannot do so
with the kind of interference which obviously is taking place
in corporations such as ICBC. The Hydro needs to have stronger
directors than the sleeping Minister and the Minister of Lands,
Forests and Water Resources (Hon. R.A. Williams). He's awake —
I couldn't quite see him from the back; it's a difficult place
to speak from.
In any event, he's awake. I want to tell you that I'm
looking forward to new directors of B.C. Hydro, people who are
noted for other things than what the Minister of Municipal
Affairs is famous for, people with some competency in the Hydro
field and some competency in the business field. I'm looking
forward to replacement of the Minister of Lands, Forests and
Water Resources by another director who won't consider it
appropriate to release false information about committees of
the Crown corporation of which he is a director.
If these kinds of things were done and more accountability
of the corporation were available, then of course I would be
the strongest supporter of increased borrowing powers. But
under the present circumstances, Mr. Speaker, I am afraid I
have to vote against this bill.
DEPUTY SPEAKER: The Hon. Premier closes the debate.
HON. MR. BARRETT: Mr. Speaker, I appreciate all the comments
made by all the Members. I find a difficulty in responding to
the Member for Point
[ Page 2444 ]
Grey (Mr. McGeer) when he uses the word "we." I know he's
speaking for himself, but after the previous vote he can't
speak for the two independents so I would suggest that it's
better to address yourself as, "I will be doing this; I will be
doing that," unless it is a Freudian slip of future
leadership ambitions.
To deal with the substance of the comments, I'd like to
point out that it is true that regardless of what
administration was in office, we would have to continue the
obligations of the Columbia River treaty. The Member is
absolutely correct, as he assessed in the past and I assume
he's assessing in a softer criticism today that the Columbia
River treaty was a disaster, financially and ecologically. I am
grieved that the Member is burdened with this particular
position because I know how sensitive he is about the
examination of the Columbia River treaty, which will be
forthcoming as promised by the government, and how that
examination will affect his own future political decisions. I
know that it would be extremely difficult if that committee
were to hear evidence that substantiated some of the claims
that he's made against the Columbia River treaty himself. Why,
even Social Credit Members have accused him of being
extravagant in his negative criticisms of the Columbia River
treaty. Of course, if those are substantiated in fact, it will
impair his limited choice of political future in terms of
association (
a) with a party, or (
b) with Members who had
anything to do with that treaty. I know that the impetus for
the Member's concern and the desire for the Member to have this
information is essentially to condition his own honest
evaluation of where he wants to go politically. If his
accusations against Columbia River, as I think, are correct,
how could he ever join Social Credit? Therefore we will do
everything we can to help him in this choice.
[Mr. Speaker in the chair.]
We will prove that the Columbia River treaty was a financial
disaster, as the Member has said time and time again. We will
prove that we have to borrow hundreds of millions of dollars to
clean up the mess left by Social Credit signing the Columbia
River treaty. We will prove to the Member's satisfaction, even
though he may have felt justified in leaving the Liberal Party,
there is no way he could join Social Credit that left future
generations with this awesome burden of hundreds of millions of
dollars debt because of a stupid decision on the Columbia River
treaty.
I know that when that Member decides to make his decision politically for his
future in representing the people from his constituency he will take into account
not only his own past statements on the Columbia River treaty but the record
of Social Credit and say: "Even though I'm no longer a Liberal I can't join
that there gang." Or will he? Or is he wily?
HON. J. RADFORD (Minister of Recreation and Conservation):
Willy-nilly.
HON. MR. BARRETT: Time will tell. Tell me, though you, Mr.
Speaker, could the good doctor explain what causes blood to
rush to the head and turn the face red? (Laughter.) Oh, Mr.
Speaker, it is a difficult thing to perceive. Nonetheless, we
will go ahead with our pledge and we will have the inquiry.
Now we will deal with the record of the former
administration. At no time was anyone allowed into the public
accounts committee; at no time was anyone allowed from Hydro to
come into public accounts.
We have, in defence of freedom, nominated one of the
outstanding members of the Social Credit Party to be chairman
of that public accounts committee, and, despite what the Leader
of the Opposition said about the change of rules, we will not
deny the opposition the freedom to go to public accounts the
way Social Credit did before.
I am sure that on his freedom crusade he is saying what a
wonderful thing it is that we have a chairman of the public
accounts committee who is a Socred. It was never allowed
before. I'm sure he's giving that account of how Hydro comes to
the public accounts committee to defend freedom. It was never
permitted under Social Credit. I am sure he's telling the
people that, just as the Member for Vancouver–Point Grey has
announced it today, saying gently: "Well, there has been a
little change."
Yes, there has been a little change. Now we can send someone
to public accounts. A little change? A little change? It's a
significant, dramatic change from the fact that the former
government hid everything. They've got their nerve to talk
about freedom. The bellicose, histrionic, wild statements about
freedom...when they don't go around telling everybody: "Yes,
it's true, the NDP named one of our Members chairman of public
accounts." Have they forgotten or do they not want to tell the
truth that there's access now to public accounts for the Crown
corporations that was never allowed in Social Credit days?
Never, never, never!
Why do I have to be so political? Why is it necessary for me
to remind people of the history of these developments? Because
some Members of this House are going around this province
deliberately trying to leave the impression that things have
changed for the worse. It's true, if you put it in their terms:
if we were allowed to look through public accounts of the Crown
corporations, it would have been for the worse.
You talk about BCR. That's the subject of another bill, Mr.
Member. I have no further comment to make about that, but it's
a grievous matter, and I want to
[ Page 2445 ]
get back to order by saying that that will be discussed in
another bill.
But Social Credit has to be held accountable. Social Credit
must be made to be responsible for the fact that they signed
the Columbia River treaty, that they blew the deal and that
they have burdened our children and our children's children
with hundreds of millions of dollars of debt because they sold
out to the Americans.
And don't blame the Americans. I don't blame them one bit.
If I could find a fat sucker to skin the way they did with the
former government, I'd do the same thing. The government was a
great, big slothful, fat sucker waiting to be skinned, the
Social Credit government, sitting up here in the boondocks,
waiting for the Yankee sharpies to come up here and skin them;
and they didn't even give them anesthetic. They just peeled it
off strip by strip — $100 million a strip.
HON. MR. RADFORD: Progress at any cost.
HON. MR. BARRETT: "Progress at any cost," says the
Member.
Interjection.
HON. MR. BARRETT: Not a dime without debate, is the slogan;
$600 million without thinking is the answer.
Interjections.
HON. MR. BARRETT: Whew! When I think of the things I could
say about the former government, it makes me blanch in fear of
having to discuss their record in front of the people so that
the people will really know what they did. I remember at the
demise of their government that they used to even have to be
protected just to walk across the street. $600 million!
Interjection.
HON. MR. BARRETT: Then the Member's calling about order.
Listen to who's talking about order.
Anyway, I want to assure that Member that I am very deeply
concerned about all the aspects that go into your political
future, and all the considerations you have to make. You have
chosen to leave a fine party with a great tradition, and you're
casting about looking at our party, the Conservatives and
Social Credit. I can't speak for our party. It's a democratic
party, and you can't make a deal with me to join. You have to
go in front of the executive. But in terms of what you're going
to do, related to Hydro, you may want to get back into the
Liberal Party. You'll have to crawl to do that.
But in terms of the Socreds, let it be said that they got us into this mess
with the Columbia River treaty. We have to clean up the mess. We have to borrow
the money to clean up the mess. That's what this bill's all about.
I regret it, Mr. Speaker, but I move second reading.
Motion approved on the following division:
YEAS — 30
Macdonald
Barrett
Dailly
Strachan
Nimsick
Stupich
Hartley
Calder
Sanford
D'Arcy
Cummings
Lorimer
Williams, R.A.
Cocke
King
Young
Radford
Nicolson
Nunweiler
Skelly
Gabelmann
Lockstead
Gorst
Rolston
Anderson, G.H.
Barnes
Steves
Kelly
Lewis
Liden
NAYS — 11
Smith
Chabot
Richter
McClelland
Curtis
Morrison
Schroeder
Gibson
Anderson, D.A.
Williams, L.A.
McGeer
Division ordered to be recorded in the Journals of the
House.
Bill 25, British Columbia Hydro and Power Authority
(1964) Amendment Act, 1975, read a second
time and referred to Committee of the Whole House for
consideration at the next sitting after today.
HON. MRS. DAILLY: Mr. Speaker, second reading of Bill
ASSESSMENT AUTHORITY OF BRITISH
HON. MR. BARRETT: The Assessment Authority Act of British
Columbia: the Act now provides financial support for the
authority by capital grant of $1.5 million each year
from the province for five years, an operating grant from the
province of one-tenth of one mill on all taxable and tax-exempt
property in the province, and tax on all taxable property in
the province sufficient to cover operating expenses after
payments from the province.
A review of these financial arrangements shows the
inconsistency of the inclusion of tax-exempt property in the
base of the continuing financing obligations only of the
province.
Since property taxes are applied solely against taxable
property, so should the cost of assessing be
[ Page 2446 ]
applied only against taxable property.
This bill, therefore, deletes the tax-exempt property from
the calculation for the province's payment of assessment.
MR. H.A. CURTIS (Saanich and the Islands): Mr. Speaker, I
think this is a cop-out on the part of the present government
with respect to what was intended when a reform in assessments
was contemplated by the government, and then referred finally
to what is supposedly an independent authority. While it is a
very brief bill, with one
section only,
section 1 reads:
"Section 16(l)(
b) of the Assessment Authority of British
Columbia Act is amended by striking out the words 'and
tax-exempt.' "
It is going to have a very significant effect on the results
that are produced for the assessment authority in carrying out
its function on behalf of municipalities and other
jurisdictions in British Columbia.
The assessment authority was supposedly an independent
authority when it was established. It has been given the task
of appraising all property in the province, whether taxable or
non-taxable.
With respect, Mr. Speaker, I think we have to emphasize that
that was clearly understood at the time that the assessment
authority was set up. The deletion of this levy of one-tenth of
I mill on the total assessed value of all tax-exempt property
does not, as far as we can determine, relieve the assessment
authority and its appraisers of the cost of appraising all
government lands and buildings or any land and improvements
held in the name of various provincial Crown corporations. That
physical appraisal, the actual review of the lands and
buildings to which I have referred, is a considerable task and
will have to be done in any event.
However, taxable property, homes, farms, commercial
premises, industries in the private sector will find that the
cost of this appraisal and the compilation of any assessment
roll on untaxable land and improvements will inevitably, as a
result of this so-called minor amendment, shift the cost from
the Crown to individuals and businesses, As I said earlier, it is another cop-out by the government,
and it seriously impairs the principle of all property
regardless of ownership, private or Crown, contributing to the
cost of the appraisal of the assessment process.
Now I know that probably when he closes debate on second
reading of this bill, the Minister of Finance will tell us with
some pride that his government has contributed more to the
assessment authority for this fiscal year than is required
under statute. We understand that, and that rebuttal will come
as no surprise. But if we were to have an agency which was to
properly and accurately appraise all property in I
British Columbia, then we submit that all property, whether
owned by the Crown provincial or owned by any other public
agency, or owned by individuals, should contribute to the cost
of that appraisal.
MR. R.H. McCLELLAND (Langley): Just a brief comment in
support of the comments made by the Member for Saanich and the
Islands (Mr. Curtis), and in opposition to this bill.
Having served on the committee which eventually established
the assessment authority of British Columbia, one of the
concerns that was expressed over and over again by Members on
both sides of the House, by independent appraisers, and by
members of the assessment staff of the Province of British
Columbia, was that the government has to stop riding on the
backs of the property owners in the municipalities, cities,
towns and villages of British Columbia. It has been riding on
their back for far too long.
We thought for a while, Mr. Speaker, in remarks by the
Agriculture Minister (Hon. Mr. Stupich), that the Land
Commission would pay full taxes. In a recent press release from
the Minister of Transport and Communications (Hon. Mr.
Strachan) that ICBC was going to pay full taxes, we thought
that maybe a new trend was coming in that the government would
stop this shift of extra taxation costs onto the property owner
by living up to its responsibility and becoming a good,
corporate citizen in the municipalities in which it is
involved. But it appears that that isn't going to happen and
that the government is — once again, as the Member for Saanich
and the Islands pointed out — copping out on this whole
question.
It was elaborately set up that assessors working for the
assessment authority would make sure that all property was
assessed at full 100 per cent valuation. And that didn't matter
who owned that property. So the machinery was set up for that
purpose, for that specific purpose, so that when the government
had a change of heart and decided that it would live up to its
responsibilities, the apparatus was already in gear and moving.
So, Mr. Speaker, it is a slap in the face to the work of that
committee to see this amendment before the House today.
MR. SPEAKER: The Hon. Minister of Finance closes the
debate.
HON. MR. BARRETT: Mr. Speaker, I can understand the
disappointment because of no rapid change in the programme that
we inherited, but we didn't have any option of any history. I
refer you to your colleague sitting next to you in his role as
Conservative Member when he attacked the former Social Credit
government for the whole mess in the assessment area. We moved
into the assessment area
[ Page 2447 ]
with what I thought was an excellent all-party committee,
and I want to say that all the Members approached that
committee service on a non-partisan basis. This is a very
difficult problem and there are tremendous pulls on politicians
when they are faced with problems around assessments.
So the all-party committee did a first-class job. They came
up with the assessment authority, and now the naming of the
people in the assessment authority is not a political
instrument. You'll find people from all political persuasions
on that assessment authority. I think everybody applauds the
fact that there are Socreds, Liberals, Conservatives. I don't
know if there is an NDP on the assessment authority. But we
made sure there was a broad range of philosophical points of
view.
These people have been sent off with a very important task.
We set out to finance them, and we don't feel that non-taxable
property should have to bear a part of that cost. That's all
this amendment means. We'll see what their work brings out and
what their recommendations bring out. The former administration
had a grant system and we are continuing the grant system. We
will wait and see what the assessment authority comes up with
in terms of direction.
It's a delicate problem. We've gone a long way with it. I
think that when we came in and rushed into the first
amendments, there was a great deal of political jockeying
around Bill 71, as I recall. And that's fair game. Everybody
has to have a go politically. But out of that we have come to
the taxation authority, and I think we are on a good track.
This is a minor amendment and I move second reading.
Motion approved on the following division:
YEAS — 29
Macdonald
Barrett
Dailly
Strachan
Nimsick
Stupich
Hartley
Calder
Sanford
D'Arcy
Cummings
Lorimer
Williams, R.A.
Cocke
King
Young
Radford
Nicolson
Nunweiler
Gabelmann
Lockstead
Gorst
Rolston
Anderson, G.H.
Barnes
Steves
Kelly
Lewis
Liden
NAYS — 11
Smith
Chabot
Richter
McClelland
Curtis
Morrison
Schroeder
Gibson
Anderson, D,A.
McGeer
Williams, L.A.
Division ordered to be recorded in the Journals of the House.
Bill 28, Assessment Authority of British Columbia Amendment
Act, 1975, read a second time and referred to Committee of the
Whole House for consideration at the next sitting after
today.
Hon. Mrs. Dailly moves adjournment of the House.
Motion approved.
The House adjourned at 12:44 p.m.
[ Page
2448 ]
APPENDIX
I The Hon. A. B. Macdonald to move, in Committee of the Whole on Bill (No.
I) intituled Perpetuities Act, to amend as follows:
Section 2, subsection (2), line 3: By deleting "land" and
substituting 94 property to the unborn child or other issue of
an unborn person".
Section 6, subsection (1), clause (a), line 3: After
"duration of the period" insert ", to the extent it is
determined by a life in being, ".
Section 22, clause (b), line 1: After "savings plan" insert
"or home ownership savings plan".
5 The Hon. A. B. Macdonald to move, in Committee of the Whole on Bill (No.5)
intituled Administration Amendment Act, 1975, to amend as follows:
Section 3: By deleting paragraphs (
d) and (
e) and
substituting the following:
"(
d) By repealing subsection (6) and
substituting:
"
(6) A notice mailed to the Public Trustee pursuant to this
section shall contain a list of the names and last known
addresses of the beneficiaries or persons entitled and shall be
accompanied by copies of all documents filed with the Court in
respect of the application for the grant or resealing."
6 The Hon. A. B. Macdonald to move, in Committee of the Whole on Bill (No.6)
intituled cooperative Associations Amendment Act, 1975, to amend as follows:
By adding the following as
section 2:
S.2.
1. The definition of "association" in
section 2 is amended
by inserting "or 60A" after "section 60".
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