British Columbia Hansard — 13 May 2019, p.m., Issue 255 (41st Parliament, 4th Session)

20190513pm-Hansard-n255

British Columbia — Debates (Hansard)

Fourth Session, 41st Parliament OFFICIAL REPORT OF DEBATES (HANSARD) Monday, May 13, 2019 Afternoon Sitting Issue No. 255 THE HONOURABLE DARRYL PLECAS, SPEAKER ISSN 1499-2175

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR Her Honour the Honourable Janet Austin, OBC Fourth Session, 41st Parliament SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Darryl Plecas EXECUTIVE COUNCIL Premier and President of the Executive Council ............................................................................................................... Hon. John Horgan Deputy Premier and Minister of Finance............................................................................................................................Hon.

Carole James Minister of Advanced Education, Skills and Training..................................................................................................... Hon. Melanie Mark Minister of Agriculture.........................................................................................................................................................Hon. Lana Popham Attorney General.................................................................................................................................................................Hon.

David Eby, QC Minister of Children and Family Development ............................................................................................................ Hon. Katrine Conroy Minister of State for Child Care...................................................................................................................................... Hon. Katrina Chen Minister of Citizens’ Services.................................................................................................................................................... Hon.

Jinny Sims Minister of Education ............................................................................................................................................................ Hon. Rob Fleming Minister of Energy, Mines and Petroleum Resources ...............................................................................................Hon. Michelle Mungall Minister of Environment and Climate Change Strategy............................................................................................. Hon.

George Heyman Minister of Forests, Lands, Natural Resource Operations and Rural Development ..............................................Hon. Doug Donaldson Minister of Health .....................................................................................................................................................................Hon. Adrian Dix Minister of Indigenous Relations and Reconciliation ......................................................................................................... Hon.

Scott Fraser Minister of Jobs, Trade and Technology............................................................................................................................ Hon. Bruce Ralston Minister of State for Trade...............................................................................................................................................Hon. George Chow Minister of Labour ...................................................................................................................................................................Hon.

Harry Bains Minister of Mental Health and Addictions............................................................................................................................ Hon. Judy Darcy Minister of Municipal Affairs and Housing.................................................................................................................. Hon. Selina Robinson Minister of Public Safety and Solicitor General ........................................................................................................... Hon.

Mike Farnworth Minister of Social Development and Poverty Reduction..............................................................................................Hon. Shane Simpson Minister of Tourism, Arts and Culture.....................................................................................................................................Hon. Lisa Beare Minister of Transportation and Infrastructure................................................................................................................ Hon.

Claire Trevena LEGISLATIVE ASSEMBLY Leader of the Official Opposition................................................................................................................................Andrew Wilkinson, QC Leader of the Third Party ....................................................................................................................................................Dr. Andrew Weaver Deputy Speaker................................................................................................................................................................................

Raj Chouhan Assistant Deputy Speaker................................................................................................................................................................... Joan Isaacs Deputy Chair, Committee of the Whole ................................................................................................................

Spencer Chandra Herbert Clerk of the Legislative Assembly ....................................................................................................................................................Craig James Acting Clerk of the Legislative Assembly...............................................................................................................................

Kate Ryan-Lloyd Clerk Assistant — Committees and Interparliamentary Relations ..........................................................................................Susan Sourial Sessional Law Clerk...............................................................................................................................................Loredana Catalli-Sonier, QC Parliamentary Counsel ...................................................................................................................................................................... S.

Suzie Seo Sergeant-at-Arms ................................................................................................................................................................................. Gary Lenz Acting Sergeant-at-Arms......................................................................................................................................... Randall Ennis, MMM, CD

ALPHABETICAL LIST OF MEMBERS Ashton, Dan (BC Liberal) ........................................................................ Penticton Bains, Hon. Harry (NDP)...............................................................Surrey-Newton Barnett, Donna (BC Liberal) ................................................... Cariboo-Chilcotin Beare, Hon. Lisa (NDP).............................................Maple Ridge–Pitt Meadows Begg, Garry (NDP) ..................................................................... Surrey-Guildford Bernier, Mike (BC Liberal) .......................................................

Peace River South Bond, Shirley (BC Liberal)......................................... Prince George–Valemount Brar, Jagrup (NDP)..................................................................... Surrey-Fleetwood Cadieux, Stephanie (BC Liberal)....................................................... Surrey South Chandra Herbert, Spencer (NDP) ..................................... Vancouver–West End Chen, Hon. Katrina (NDP).....................................................Burnaby-Lougheed Chouhan, Raj (NDP) ............................................................... Burnaby-Edmonds Chow, Hon.

George (NDP)............................................... Vancouver-Fraserview Clovechok, Doug (BC Liberal) ................................ Columbia River–Revelstoke Coleman, Rich (BC Liberal) ...............................................................Langley East Conroy, Hon. Katrine (NDP)......................................................... Kootenay West Darcy, Hon.

Judy (NDP) ............................................................New Westminster Davies, Dan (BC Liberal) ..........................................................Peace River North de Jong, Michael, QC (BC Liberal) ............................................ Abbotsford West Dean, Mitzi (NDP)...............................................................Esquimalt-Metchosin D’Eith, Bob (NDP) ...............................................................Maple Ridge–Mission Dix, Hon. Adrian (NDP)......................................................Vancouver-Kingsway Donaldson, Hon.

Doug (NDP).....................................................................Stikine Eby, Hon. David, QC (NDP)............................................. Vancouver–Point Grey Elmore, Mable (NDP)....................................................... Vancouver-Kensington Farnworth, Hon. Mike (NDP) ...................................................... Port Coquitlam Fleming, Hon. Rob (NDP) .....................................................Victoria–Swan Lake Foster, Eric (BC Liberal)........................................................... Vernon-Monashee Fraser, Hon.

Scott (NDP) ................................................ Mid Island–Pacific Rim Furstenau, Sonia (BC Green Party) ........................................... Cowichan Valley Gibson, Simon (BC Liberal) ................................................. Abbotsford-Mission Glumac, Rick (NDP)........................................................Port Moody–Coquitlam Heyman, Hon. George (NDP) .............................................. Vancouver-Fairview Horgan, Hon. John (NDP) ...............................................

Langford–Juan de Fuca Hunt, Marvin (BC Liberal) .......................................................Surrey-Cloverdale Isaacs, Joan (BC Liberal) .........................................Coquitlam–Burke Mountain James, Hon. Carole (NDP)...................................................Victoria–Beacon Hill Johal, Jas (BC Liberal)...............................................

Richmond-Queensborough Kahlon, Ravi (NDP)..............................................................................Delta North Kang, Anne (NDP)..................................................................Burnaby–Deer Lake Kyllo, Greg (BC Liberal)............................................................................ Shuswap Larson, Linda (BC Liberal) .............................................Boundary-Similkameen Lee, Michael (BC Liberal) ......................................................

Vancouver-Langara Leonard, Ronna-Rae (NDP) ....................................................Courtenay-Comox Letnick, Norm (BC Liberal)............................................Kelowna–Lake Country Ma, Bowinn (NDP) ................................................... North Vancouver–Lonsdale Malcolmson, Sheila (NDP) .......................................................................Nanaimo Mark, Hon. Melanie (NDP) ..................................... Vancouver–Mount Pleasant Martin, John (BC Liberal)......................................................................

Chilliwack Milobar, Peter (BC Liberal).................................... Kamloops–North Thompson Morris, Mike (BC Liberal) ..........................................Prince George–Mackenzie Mungall, Hon. Michelle (NDP).................................................... Nelson-Creston Oakes, Coralee (BC Liberal) ...........................................................Cariboo North Olsen, Adam (BC Green Party)........................... Saanich North and the Islands Paton, Ian (BC Liberal)......................................................................... Delta South Plecas, Hon.

Darryl (Ind.) ..........................................................Abbotsford South Polak, Mary (BC Liberal) ............................................................................ Langley Popham, Hon. Lana (NDP)..............................................................Saanich South Ralston, Hon. Bruce (NDP) .......................................................... Surrey-Whalley Redies, Tracy (BC Liberal) ..................................................... Surrey–White Rock Reid, Linda (BC Liberal) ................................................

Richmond South Centre Rice, Jennifer (NDP) ............................................................................ North Coast Robinson, Hon. Selina (NDP) ....................................... Coquitlam-Maillardville Ross, Ellis (BC Liberal)..................................................................................Skeena Routledge, Janet (NDP) .................................................................. Burnaby North Routley, Doug (NDP) ................................................Nanaimo–North Cowichan Rustad, John (BC Liberal) ..............................................................

Nechako Lakes Shypitka, Tom (BC Liberal) .............................................................Kootenay East Simons, Nicholas (NDP) ........................................Powell River–Sunshine Coast Simpson, Hon. Shane (NDP)................................................ Vancouver-Hastings Sims, Hon.

Jinny (NDP) .............................................................Surrey-Panorama Singh, Rachna (NDP) ........................................................Surrey–Green Timbers Stewart, Ben (BC Liberal) ................................................................Kelowna West Stilwell, Michelle (BC Liberal)..............................................Parksville-Qualicum Stone, Todd (BC Liberal)........................................

Kamloops–South Thompson Sturdy, Jordan (BC Liberal).......................................West Vancouver–Sea to Sky Sullivan, Sam (BC Liberal)...............................................Vancouver–False Creek Sultan, Ralph (BC Liberal) ......................................... West Vancouver–Capilano Tegart, Jackie (BC Liberal) ................................................................ Fraser-Nicola Thomson, Steve (BC Liberal)..................................................... Kelowna-Mission Thornthwaite, Jane (BC Liberal) .............................

North Vancouver–Seymour Throness, Laurie (BC Liberal) ..................................................... Chilliwack-Kent Trevena, Hon. Claire (NDP) .............................................................. North Island Wat, Teresa (BC Liberal) ................................................Richmond North Centre Weaver, Dr. Andrew (BC Green Party) ......................... Oak Bay–Gordon Head Wilkinson, Andrew, QC (BC Liberal) .............................. Vancouver-Quilchena Y ap, John (BC Liberal)..........................................................

Richmond-Steveston LIST OF MEMBERS BY RIDING Abbotsford-Mission ..........................................................................Simon Gibson Abbotsford South ..................................................................... Hon. Darryl Plecas Abbotsford West .................................................................... Michael de Jong, QC Boundary-Similkameen.....................................................................

Linda Larson Burnaby–Deer Lake ...............................................................................Anne Kang Burnaby-Edmonds ..............................................................................Raj Chouhan Burnaby-Lougheed................................................................... Hon. Katrina Chen Burnaby North................................................................................

Janet Routledge Cariboo-Chilcotin ............................................................................Donna Barnett Cariboo North .................................................................................. Coralee Oakes Chilliwack.............................................................................................. John Martin Chilliwack-Kent..............................................................................Laurie Throness Columbia River–Revelstoke........................................................

Doug Clovechok Coquitlam–Burke Mountain................................................................. Joan Isaacs Coquitlam-Maillardville..................................................... Hon. Selina Robinson Courtenay-Comox ................................................................. Ronna-Rae Leonard Cowichan Valley ............................................................................

Sonia Furstenau Delta North ...........................................................................................Ravi Kahlon Delta South.................................................................................................Ian Paton Esquimalt-Metchosin.............................................................................Mitzi Dean Fraser-Nicola........................................................................................

Jackie Tegart Kamloops–North Thompson............................................................Peter Milobar Kamloops–South Thompson ................................................................Todd Stone Kelowna–Lake Country....................................................................Norm Letnick Kelowna-Mission.............................................................................

Steve Thomson Kelowna West.........................................................................................Ben Stewart Kootenay East .....................................................................................Tom Shypitka Kootenay West ...................................................................... Hon. Katrine Conroy Langford–Juan de Fuca............................................................. Hon. John Horgan Langley....................................................................................................

Mary Polak Langley East .......................................................................................Rich Coleman Maple Ridge–Mission ............................................................................ Bob D’Eith Maple Ridge–Pitt Meadows ..........................................................Hon. Lisa Beare Mid Island–Pacific Rim .............................................................. Hon. Scott Fraser Nanaimo ....................................................................................

Sheila Malcolmson Nanaimo–North Cowichan.............................................................. Doug Routley Nechako Lakes ...................................................................................... John Rustad Nelson-Creston.................................................................. Hon. Michelle Mungall New Westminster ......................................................................... Hon. Judy Darcy North Coast..........................................................................................

Jennifer Rice North Island ............................................................................ Hon. Claire Trevena North Vancouver–Lonsdale ................................................................. Bowinn Ma North Vancouver–Seymour ......................................................Jane Thornthwaite Oak Bay–Gordon Head ..........................................................Dr.

Andrew Weaver Parksville-Qualicum .....................................................................Michelle Stilwell Peace River North.................................................................................. Dan Davies Peace River South ............................................................................... Mike Bernier Penticton................................................................................................ Dan Ashton Port Coquitlam .................................................................... Hon.

Mike Farnworth Port Moody–Coquitlam .....................................................................Rick Glumac Powell River–Sunshine Coast ..................................................... Nicholas Simons Prince George–Mackenzie ..................................................................Mike Morris Prince George–Valemount.................................................................

Shirley Bond Richmond North Centre ........................................................................Teresa Wat Richmond-Queensborough .......................................................................Jas Johal Richmond South Centre........................................................................ Linda Reid Richmond-Steveston..................................................................................

John Y ap Saanich North and the Islands............................................................Adam Olsen Saanich South............................................................................Hon. Lana Popham Shuswap .................................................................................................... Greg Kyllo Skeena ......................................................................................................... Ellis Ross Stikine ..................................................................................Hon.

Doug Donaldson Surrey-Cloverdale............................................................................... Marvin Hunt Surrey-Fleetwood ...................................................................................Jagrup Brar Surrey–Green Timbers ......................................................................Rachna Singh Surrey-Guildford ....................................................................................Garry Begg Surrey-Newton.............................................................................Hon.

Harry Bains Surrey-Panorama........................................................................... Hon. Jinny Sims Surrey South............................................................................... Stephanie Cadieux Surrey-Whalley........................................................................ Hon. Bruce Ralston Surrey–White Rock ............................................................................. Tracy Redies Vancouver-Fairview ............................................................ Hon.

George Heyman Vancouver–False Creek....................................................................... Sam Sullivan Vancouver-Fraserview .............................................................Hon. George Chow Vancouver-Hastings .............................................................. Hon. Shane Simpson Vancouver-Kensington ..................................................................... Mable Elmore Vancouver-Kingsway ................................................................... Hon.

Adrian Dix Vancouver-Langara .............................................................................. Michael Lee Vancouver–Mount Pleasant ................................................... Hon. Melanie Mark Vancouver–Point Grey...........................................................Hon.

David Eby, QC Vancouver-Quilchena ......................................................Andrew Wilkinson, QC Vancouver–West End....................................................Spencer Chandra Herbert Vernon-Monashee...................................................................................Eric Foster Victoria–Beacon Hill ................................................................ Hon. Carole James Victoria–Swan Lake .................................................................. Hon. Rob Fleming West Vancouver–Capilano .................................................................

Ralph Sultan West Vancouver–Sea to Sky ..............................................................Jordan Sturdy Party Standings: BC Liberal 42; NDP 41; BC Green Party 3; Independent 1

CONTENTS Monday, May 13, 2019 Afternoon Sitting Page Routine Business Introductions by Members..................................................................................................................................................... 9199 Introduction and First Reading of Bills................................................................................................................................ 9200 Bill M216 — Defibrillator Public Access Act S.

Bond Statements (Standing Order 25B) ......................................................................................................................................... 9201 CleanBC program and housing projects in Nanaimo S. Malcolmson B.C. EggFest barbecue festival in Chilliwack J. Martin Victoria Community Leadership Awards M. Dean Moose Lake wind power project M. Bernier Sanctuaries for farm animals and work of Hugo and Sarien Slabbert R. Glumac Deb Fisher and Summit Y outh Centre D.

Clovechok Oral Questions......................................................................................................................................................................... 9203 Use of email and messaging by Citizens’ Services Minister S. Bond Hon. J. Sims J. Johal Protection of old-growth forests A. Olsen Hon. D. Donaldson Allegations regarding communication practices of Citizens’ Services Minister M. Polak Hon. D. Eby P . Milobar M. de Jong Hon. J. Horgan Closing of Quesnel mill and government policies on forest industry C. Oakes Hon. J. Horgan S. Thomson Hon. D.

Donaldson Wages for community social services workers J. Martin Hon. S. Simpson T. Shypitka Orders of the Day Second Reading of Bills .......................................................................................................................................................... 9208 Bill 32 — Protected Areas of British Columbia Amendment Act (No. 2), 2019 Hon. G. Heyman J. Tegart Hon. G. Heyman Bill 8 — Employment Standards Amendment Act, 2019 Hon. H.

Bains Report and Third Reading of Bills......................................................................................................................................... 9210 Bill 11 — Civil Forfeiture Amendment Act, 2019

Second Reading of Bills .......................................................................................................................................................... 9211 Bill 8 — Employment Standards Amendment Act, 2019(continued) Hon. H. Bains J. Martin A.

Weaver Reporting of Bills..................................................................................................................................................................... 9217 Bill 7 — Business Practices and Consumer Protection Amendment Act, 2019 Second Reading of Bills .......................................................................................................................................................... 9217 Bill 8 — Employment Standards Amendment Act, 2019(continued) A.

Weaver Report and Third Reading of Bills......................................................................................................................................... 9219 Bill 27 — Ticket Sales Act Second Reading of Bills .......................................................................................................................................................... 9219 Bill 8 — Employment Standards Amendment Act, 2019(continued) A. Weaver S. Malcolmson L. Throness R. Singh S. Cadieux J. Thornthwaite D. Davies Hon. H. Bains Bill 30 — Labour Relations Code Amendment Act, 2019 Hon. H. Bains J.

Martin A. Weaver Hon. J. Sims Proceedings in the Douglas Fir Room Committee of the Whole House............................................................................................................................................ 9241 Bill 11 — Civil Forfeiture Amendment Act, 2019 M. Morris Hon. M. Farnworth Bill 7 — Business Practices and Consumer Protection Amendment Act, 2019 R. Coleman Hon. M. Farnworth Bill 27 — Ticket Sales Act M. Morris Hon. M.

Farnworth Committee of Supply .............................................................................................................................................................. 9247 Estimates: Ministry of Health Hon. A. Dix L. Reid Proceedings in the Birch Room Committee of Supply .............................................................................................................................................................. 9266 Estimates: Ministry of Energy, Mines and Petroleum Resources(continued) T. Shypitka L. Throness Hon. M. Mungall S. Furstenau P . Milobar E. Ross M. Bernier

MONDAY , MAY 13, 2019 The House met at 1:37 p.m. [Mr. Speaker in the chair.] Routine Business Introductions by Members J. Thornthwaite:I have some great guests today from the Canadian Association of Executives. I’ d like the House to be introduced to Douglas MacLaren, Ron Tu, Steve Back- lock, Cathy Hunter, Seth Li, Giovanna Boniface, Kerry Sim- mons, Michelle Kozma, Annabree Fairweather, Janet Mor- ris-Reade, Toby Kirshin, Thomas Foreman, Colleen Fore- man, Marcus Ewert-Johns, Diane Gaudet and Gary Pooni. We also had guests from the Capilano Students Union.

They would be Shanti Scarpetta-Lee, Happy Singh, Tristin Greyeyes and Noah Berson. They were all at a luncheon today celebrating the Canadian Association of Executives, B.C. chapter, and many MLAs were there. Could the House please make them welcome. Hon. J. Sims: As a teacher, it’s always a delight for me when students come to visit the Legislature and see demo- cracy, with all its warts, at work. It also reminds me of the time I used to bring students to visit these hallowed halls so that they could watch the democratic process.

Well, today I have, in the precinct, two classes visiting from Hyland Elementary School in my constituency of Sur- rey-Panorama. I had a chance to visit with one group this morning, and I’m going to be meeting with the other class this afternoon. They are accompanied by a number of par- ents and, of course, Mrs. Erin Potts, their teacher. These are grade 5 students. There are two grade 5s there. Will the House please join me in welcoming these students to the precinct. S. Sullivan:I have two special guests today from Van- couver.

One is Pamela Groberman of the Pamela Grober- man Media and Public Relations company. She’s very involved in so many things that go on in Vancouver — housing, buildings, hotels, art shows, etc. I know she’s very active with the Aboriginal Mother Centre as well. With her is David Goldberg, who is with Kuehne and Nagel, the largest freight-forwarding company in the world. Please make them feel welcome. [1:40 p.m.] Hon. L. Beare: Child and family development centres across the province promote healthy child development by identifying children at risk for developmental delays at an early age.

They help children achieve their fullest potential with early intervention. In my community, we have a very strong child development centre with the Ridge Meadows Child Development Centre. We have some guests here today from there who are meeting with the minister. Can we all please make Shawn Matthewson, Susan Carr and Brent Faw- dry feel very welcome. S. Bond: I have three guests to introduce today. First of all, I want to welcome Mark Collinson, who is the director of government relations and health promotions with Heart and Stroke.

Of course, he’s joined by Mary Stambulic, who is the manager of advocacy and government relations. I know that every member of the House would know how very hard these two individuals work on behalf of Heart and Stroke right across the province. They do an exceptional job. Sitting right beside them today is actually my husband, Bill. Most of you would know that Bill went through some very difficult circumstances with heart health. We are very grateful for the exceptional care that he received, giving us a chance to just recently reach our 40th wedding anniversary. So we’re very thankful for that.

As a result of that, we have a very close tie with Heart and Stroke across the province, and we’re very grateful for the support they’ve provided. Please join me in welcoming my three special guests this afternoon. N. Simons: I have the pleasure to introduce a guest from the Sunshine Coast in the House today — Noel Muller, a former district of Sechelt councillor, an active citizen. He’s job-shadowing today. I hope he’s not after my job. I’m not teaching him much so far. I’ d like to ask my colleagues in the House to make him welcome. Hon. G.

Heyman: Today B.C. members of Citizens Cli- mate Lobby are in Victoria to speak to MLAs. It’s a grass- roots, non-partisan, volunteer-run organization. Since 2010, groups of Citizens Climate Lobby across Canada have been lobbying governments and elected representatives, encour- aging action on climate change. They’ll be in the Hemlock Room from 2:30 to 3:30, I believe, this afternoon. I encour- age my colleagues to go and meet with them. I’ll be meeting with them later this afternoon.

Will the House please welcome Paul Campbell, Grace Campbell, Kathryn Oldfield, Keith McNeill, Judy O’Leary, Laura Sacks and Marlo Firme from Citizens Climate Lobby B.C. A. Weaver:It gives me great pleasure to introduce two people. Of course, the first is Noel Muller, who was actually already introduced by the member from Sunshine Coast. I couldn’t help but stand and also welcome him, in light of the opening that the member gave, with respect to his job posi- tion in the future. Noel is a former member of the B.C. Green provincial council.

We’re very grateful that he is attending today and thank the member for Powell River–Sunshine Coast for get- ting him ready to take that seat at some point in the future. It also gives me enormous pleasure to introduce Andy 9199

MacKinnon, a forest ecologist and Metchosin city councillor. He was a B.C. Green candidate in the last provincial election. Andy has co-authored six best-selling books about plants of western North America. He truly knows the importance of preserving Vancouver’s old growth and the importance of the biodiversity that survives within that old growth. Would the House please make him feel very welcome. Mr. Speaker:Member, Powell River–Sunshine Coast. Sorry. Nanaimo–North Cowichan. I think Powell River– Sunshine Coast has already had his turn. D. Routley:Thanks, Mr. Speaker. I like sharing my time with the member.

Right now I’ d like to ask the members of the B.C. Legis- lature to help me introduce and welcome two of my constitu- ency assistants, Patty McNamara and Cayla Masur. Accom- panying Cayla and Patty are Cayla’s children: Brook, who’s 11; Farren, who’s eight; and Mallen, who’s six. We say we live, work and play in the communities that we come from. These three live to play, and they work at playing all the time. Can we please welcome all five. T. Redies:I just wanted to welcome two people who are fairly familiar with this House: Blair Qualey, the CEO of the B.C.

New Car Dealers Association, and Jeff Hall, also of the association. [1:45 p.m.] Some of us were out there at lunch looking at all the lovely new electric vehicle cars and hoping that we can get into one, I think, in the not too distant future. Thanks for bringing the cars today, gentlemen, and for reaching out to us to show what your industry is producing. D. Davies: It gives me great pleasure to introduce a family that’s visiting here from Fort St. John. They’re also joined by their family, who is visiting from the Philippines today. They must still be in line somewhere, probably wait- ing to get in.

I’ d like to welcome Charles Santa Maria, Ching Santa Maria, Joseph, Jose, Joseph Sr., Prudence and Dr. Christine Santa Maria. Would the House please make them all feel welcome today. M. Elmore:I’m very pleased to welcome two classes from the Vancouver French immersion Catholic school, Blessed Sacrament, here to the Legislature. They are the grade 5 class led by their teacher Mr. Marc Tremblay and teaching assist- ant Mr. Hervé Pélager. The grade 4 class is led by their teach- er Mr. Luc Bengono. Parent volunteers are also with them.

Accompanying we have Aljonita Montinola; Michelle Vil- laverde with her daughter Jade; and Maita Santiago with her daughter, also my goddaughter, Lexie. The visit at the Legislature…. I spoke to their classes last January. The group spent the morning at the Royal Museum of B.C., where they participated in the EAGLE program, a cultural awareness program that teaches a series of interpre- tive tours of the Royal B.C. Museum’s First Peoples gallery from a First Nations perspective. Blessed Sacrament is celebrating their 65th anniversary this year.

When it was formed, it was located in the heart of Vancouver’s French village on Heather Street and East 16th Avenue. I’ d ask everybody to please join me to recognize the 65th anniversary of Blessed Sacrament, and please give a warm welcome to all the students, teachers and parents here with us today. J. Rustad:Today I have two guests down from my riding, from Vanderhoof. It’s rare to have people come this far, down to the Legislature, but they’re down visiting family and also on a little bit of a holiday break. One of them was my former CA, Nadine Frenkel. She just retired at the end of April.

Congratulations to Nadine. She served with me for quite a few years. Her husband, of course, Brian Frenkel, who was a councillor in Vanderhoof, is also now retired. They’re learning how to try to adjust to a bit of retirement life. They’re down here in the Legislature, of course, visiting. I suspect they may be back and wanting to do a little bit of work down the road. But who knows? To both of them, would the House please make them welcome. R. Glumac:I’ d like to welcome some of my family that’s visiting today. They came to see me. They’re directly above me, so technically, they can’t see me. But trust me.

I’m here. My aunt Sandra, my brother Ray and niece Cassandra. Would the House please make them feel welcome. A. Olsen:I’ d like to introduce four guests to the Legis- lature this afternoon. Kathy Code is the vice-chair of the Ecoforestry Institute and Wildwood Ecoforest just north of us here. As well, I’ d like to introduce three friends from the Ancient Forest Alliance: Andrea Inness, Rachel Ablack and Stephanie Korolyk. I’ d like to thank them for their hard work protecting old growth. Would the House please make them all feel welcome. Hon. M.

Mungall:I’ d like to say a special thank-you to Blair Qualey, who’s president of the New Car Dealers Association, and Jeff Hall, who’s the chairperson of the New Car Dealers of Canada. Both of them were instru- mental in making our EV Day today at the Legislature such a success. They are here in the gallery. May the House please make them welcome. [1:50 p.m.] Introduction and First Reading of Bills BILL M216 — DEFIBRILLATOR PUBLIC ACCESS ACT S. Bond presented a bill intituled Defibrillator Public Access Act. 9200 British Columbia Debates Monday, May 13, 2019

S. Bond: I move that a bill intituled Defibrillator Public Access Act, of which notice has been given in my name on the order day, be introduced and now read for a first time. Sudden cardiac arrest can happen to anyone, anywhere and at any time without warning. Only one person in ten will survive their cardiac arrest. We know that when CPR and an automated external defibrillator, or AED, are used, the chance of survival improves dramatically. AEDs are safe, simple and easy to use. They guide users with a step-by-step voice instruction and will only shock if needed.

This bill, if passed, would require AEDs to be available in public spaces, such as libraries, airports and recreation centres; for there to be signage indicating the exact loca- tion of AEDs; and for all AEDs to be registered, regularly inspected and maintained so that a 911 dispatcher can dir- ect bystanders to the nearest AED. In addition, the bill would introduce clear civil liability protection so that no one feels uncertain as to whether or not to use one in a cardiac emergency. Likely all of us here know someone who has died from a cardiac arrest.

No one in British Columbia should have to die as a result of a cardiac arrest in a public gathering space. Rapid access to defibrillation or AEDs could mean the difference between life and death in a cardiac arrest situation, yet far too few public places are equipped with one. Too many are stowed away in offices, behind counters or in other inaccessible locations. Too few are regularly maintained and registered with B.C. emergency health ser- vices’ AED database. Too many British Columbians are fearful of using an AED.

This bill builds upon the important work done through the B.C. public access to defibrillation program, which was a partnership between the province and the Heart and Stroke Foundation. Together, we can ensure that a widespread, pre- dictable and life-saving network of AEDs exists in British Columbia. Mr. Speaker:The question is first reading of the bill. Motion approved. S. Bond: I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill M216, Defibrillator Public Access Act, 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. Statements (Standing Order 25B) CLEANBC PROGRAM AND HOUSING PROJECTS IN NANAIMO S. Malcolmson:On Nanaimo’s Bowen Road, there’s a new affordable housing complex unlike anything else around. Nuutsumuut Lelum, a joint project from the Nanaimo Aboriginal Centre and B.C. Housing, is culturally designed, cedar-sided and built to use 90 percent less energy in its passive house design. It’s home to 25 Indigenous families. It’s beautiful.

Last weekend the Canadian Home Builders Asso- ciation of Vancouver Island awarded it the high performance award at the VIBE gala in Nanaimo. At Nuutsumuut Lelum, I met Sandra, so proud about her new home. In the past, Sandra’s kids were taken from her because of flooding in her unhealthy rental housing. Now she’s in the nicest place she’s ever lived, with multiple gener- ations of her family living together under one roof. The stories like this shock and inspire me. Bad housing really harms.

Making our buildings and communities more environmentally friendly builds health, jobs and affordabil- ity, plus it cuts carbon emissions. This idea that the transition to a low-carbon economy also improves quality of life is at the heart of CleanBC, our government’s new climate plan. Nanaimo’s got $200 million of new builds in the first month of this year alone. That’s equivalent to all of last year’s construction value. The green-building industry employs 32,000 people in B.C., in jobs like architecture, manufactur- ing and installation. CleanBC builds on that.

We’ve got new incentives for owners in the construction industry to build more high- efficiency buildings. Three hundred new affordable housing units in Nanaimo will be built to step 2 or 3 of the new B.C. energy step building code. [1:55 p.m.] Folks renovating private homes can receive rebates for electric heat pumps, for installing insulation, for replacing older, draftier windows and doors with better insulated ones. Energy incentives and rebates are a win on multiple fronts — healthier homes, more jobs, savings on bills and cutting car- bon emissions. B.C. EGGFEST BARBECUE FESTIV AL IN CHILLIW ACK J.

Martin:Well, hon. Speaker and colleagues, it’s just about that time of year once again. Y ou knew I wasn’t going to keep you waiting much longer. Everyone’s favourite barbe- cue food festival, the B.C. EggFest, is just around the corner, and once again, it promises to be eggsellent. Roughly 20 teams will be barbecuing all day long on the Big Green Egg ceramic cooker. They’ll be grilling and smoking their spe- cialties to feed the hungry public. Among the cooks once again will be BBQ Brian Misko from the House of Q, one of the most accomplished and decorated pitmasters in North America.

There’ll be pork shoulder, chicken thighs, beef brisket, tenderloin, pork belly, wings, bacon, things wrapped in bacon, tri-tip, duck legs, cold beef ribs and so much more. There’ll be barbecue on a plate, barbecue on a stick, barbecue in a bun, barbecue on a Monday, May 13, 2019 British Columbia Debates 9201

pizza, barbecue in a tortilla. There’ll even be specialty grilled non-meat items for the vegetarians. Actually, Mr. Speaker, I’ d like to withdraw that last remark. There’ll be nothing of the sort. My apologies for misleading this House. Each team will be cooking multiple items generously donated by Johnston’s Pork, Meadow Valley Meats and Fraser Valley Specialty Poultry. There’ll be cooking demon- strations, live entertainment. Will there be axe throwing? Well, darn right there’s going to be axe throwing. What a silly question.

It all happens Sunday, May 26, in the parking lot of Grand Pappy’s Home Furniture in Chilliwack. I hope you have a chance to come by my tent and check out what’s smoking. Just a couple of words of barbecue wisdom before I wrap it up: a hog has one job in this world, and that is to be deli- cious. VICTORIA COMMUNITY LEADERSHIP AW ARDS M. Dean: The Victoria Community Leadership Awards are a celebration of the people who make greater Victoria a vibrant, healthy community. Since 2004, the awards have highlighted the hundreds of thousands of community volun- teer hours that build our community.

The event is a chance to show the region’s appreciation of the dedication and contribution made by each of the featured community leaders. With sponsorship from the Victoria Foundation, the 2019 awards are taking place on May 23. I’m very proud to recognize that Jane Devonshire, a res- ident of Esquimalt-Metchosin, will be receiving an award for healthy, safe environments. Jane loves our west coast environment, and she’s passionate about protecting the local ecosystem. Not only does she take action herself; she also inspires and supports others to take action too.

Jane recog- nizes the urgency and threats of the climate crisis and works to mobilize support for tangible change that will take care of our local environment as well as the global one. Another recipient from Esquimalt-Metchosin is 13-year- old Rebecca Wolf Gage, also winning in the healthy, safe environments category. She has spent more than half her life as a tenacious advocate for our climate and recently hosted the Victoria climate strike here on the front lawn. Inspired by Greta Thunberg, Rebecca wants people to know that her generation cares about the climate crisis.

I also want to especially mention Ruth Mojeed, who cre- ated the inclusion conference. I want to say congratulations to everyone who is deservedly recognized by the Victoria Leadership Awards. Thanks to all of them for all of their work and leadership across our region. MOOSE LAKE WIND POWER PROJECT M. Bernier:My riding, Peace River South, is home to the very first wind project in British Columbia, the Bear Moun- tain Wind Park. Now the most recent wind project to be commissioned in B.C. is also in my riding and has set anoth- er record by installing the largest onshore turbine blades in all of North America.

On April 4, the Moose Lake wind farm near Tumbler Ridge started spinning, with 71-metre blades, which, on a high-wind site, provides a gross capacity factor of almost 50 percent. [2:00 p.m.] The Moose Lake site will produce approximately 60 giga- watt hours of power in a year, which is enough to power around 5,000 homes or take about 160,000 cars off the road. It’s a four-tower project, a product of 22 months of construc- tion, employing the equivalent of 50 full-time workers.

On- site tradespeople range from roadbuilders to crane operat- ors, raising the 99-metre-tall towers, to electricians for the underground power cables. The project was designed and constructed with input from local First Nations and communities and will bring almost $15 million of economic benefit to the region. The 15 mega- watts of clean, emission-free energy, commissioned under the standing offer program, will support B.C. ’s transition to a low-carbon energy.

The Moose Lake site was developed by Aeolis Wind Power, a Victoria-based renewable energy company employ- ing residents for over 15 years, and the Vancouver office of Boralex Inc., a Canadian renewable energy company. I want to congratulate all involved for reaching this mile- stone and for the ongoing support of energy opportunities that support communities and families in the South Peace. SANCTUARIES FOR FARM ANIMALS AND WORK OF HUGO AND SARIEN SLABBERT R. Glumac: It all started with Big Mama, a fearless pig that one day leapt from the back of a pickup truck, once and for all proving that pigs cannot fly.

Port Moody couple Hugo and Sarien Slabbert had a friend that owned an animal sanctuary and needed help transporting the injured pig from Saltspring Island to Langley. Sarien has a background in project management and event planning and a passion for animals, and she was able to help her friend coordinate the transportation. One month later the couple became aware of a baby calf that needed transportation to an animal sanctuary in Kelow- na. When no one was available over Christmas to transport the animal, they laid some straw down in the back of their van, turned up the music and drove the calf up themselves.

There’s no SPCA for farm animals. There are only people with big hearts and a bit of land. There are about 16 animal sanctuaries across the province. Many are self-funded and don’t have a lot of time to coordinate getting animals to their 9202 British Columbia Debates Monday, May 13, 2019

farms or to find ongoing, stable sources of food for these animals when they get there. That’s where Hugo and Sarien came in. They have now started an organization called People Ensuring Animal Care Exists. They’re helping these sanctuaries find sustainable ways of doing their work — coordinating transportation, finding grants, finding food and other logistics. Hugo and Sarien have found a way to take their skills and their passions and bring them together to make a difference. I want to thank Hugo and Sarien for all that they do. DEB FISHER AND SUMMIT YOUTH CENTRE D.

Clovechok:I rise today to celebrate and honour both an organization and an individual from Invermere: the Sum- mit Y outh Centre and Deb Fisher. The Summit Y outh Centre has just recently had a dinner celebrating its 25th anniversary and also launched the Sum- mit’s new focus on youth mental health. It’s an organization that has stood the test of time and invested in youth, provid- ing a place where they can just hang out and have fun in a safe learning environment, an environment that is bully-free, drug-free, alcohol-free and led by marvellous staff dedicated to the well-being of the Columbia Valley’s youth.

The Sum- mit provides our youth with learning and growing oppor- tunities through the outstanding programs that they offer. Each year the Summit recognizes an individual who has gone above and beyond to inspire, support and love youth in their journey to adulthood. Deb Fisher spent many years as one of the Aboriginal education support workers at David Thompson Secondary School, which has seen graduation rates for Indigenous youth rise from 20 percent to over 90 percent.

Additionally, she has formally and informally fostered over 35 youth and has been an ally for many more as a foster parent, an inter- national student parent and a youth ally in every sense of the word. Her compassion has been soul food for the many youth struggling with issues and a guiding light for many, many more. Deb is a very humble person who will tell you without hesitation that it was her family that enabled her to do what she has been able to do, and she’s grateful to her family and her husband. Deb is also the president of the Columbia Val- ley

chapter of the Métis Nation and served as a team member of the Ktunaxa-Kinbasket residential school trauma team. Deb and her mom are also passionate and regular volunteers at the local Three Voices of Healing addiction and rehabilit- ation centre for Indigenous men. Joining the celebration at the dinner was Canadian actor Tom Jackson. He said: “When I read about this, I knew I had to be there. I have a history, in my younger days, that mirrors a lot of the young people served by the Summit.

It created a shift in their lives, a cornerstone, a fortress that amounts to one verb — love. ” [2:05 p.m.] If love were a person, then that person would be Deb Fish- er’s twin. I’m proud to say she’s my friend. I thank her and the Hub for all they do for youth. Oral Questions USE OF EMAIL AND MESSAGING BY CITIZENS’ SERVICES MINISTER S. Bond: A year ago, the Minister of Citizens’ Services admitted to and apologized for using a personal email account for government business.

On May 14, 2018, she said: “I should not have used my personal email to contact staff, and I’ll be more diligent in the future. ” Could the minister tell the House today what steps she has taken since that time to fully comply with her FOI obliga- tions? Hon. J. Sims: What we have done on the government side is we have made sure that there is ongoing training for our staff in our minister’s offices, for ministers as well as for our public service. That training continues, and there is the appropriate use policy for government business. Mr. Speaker:Prince George–Valemount on a supplemen- tal. S.

Bond: Thank you to the minister for that answer. The question was about her specific actions related to her com- mitment to this House. The government guide to transitory records provides nearly a dozen examples of what are non-transitory records. They include things like work schedules, assignments, infor- mation about a decision, documentation of a policy matter, instructions, advice, meeting minutes, agendas or useful information that helps explain the history of a relationship, decision or project.

Can the minister confirm for the House that it is unac- ceptable to delete any such records, even if it is on a private email account, WhatsApp, BBM or a text message? Hon. J. Sims: We use the policies that exist, and all staff are provided training, including ministers, as to what is the appropriate policy. J. Johal:Does the minister use WhatsApp messages? Hon. J. Sims:I do. Mr. Speaker:Richmond-Queensborough on a supple- mental. J. Johal:Now, for nearly two years, the official opposition has requested texts and WhatsApp messages from both the minister and all of her political staff.

And for nearly two years, the response each and every time has been “no records. ” Nothing related to work schedules, assignments, Monday, May 13, 2019 British Columbia Debates 9203

information about a decision, a policy matter, instructions, advice. Absolutely nothing. Does the minister use WhatsApp or text messages to com- municate government business with her ministerial staff? Hon. J. Sims: I do have a WhatsApp account. It’s on my Legislative Assembly phone, and I do use it to communicate with a group that I have created about some of the achieve- ments of government. I use it to communicate about my mom. We have a family grouping on that as well. For those not familiar with WhatsApp, WhatsApp is quite commonly used in the South Asian community to share per- sonal information.

I do not have WhatsApp on my govern- ment account. PROTECTION OF OLD-GROWTH FORESTS A. Olsen: British Columbia’s coastal old-growth forests are rare. These forests sustain unique and endangered eco- systems and species and are of immense cultural value to Indigenous peoples. Left standing, old growth supports entire ecotourism economies. They filter the water we drink. They’re essential to salmon health and prevent landslides and erosion. Old growth is also a non-renewable resource, but on Van- couver Island, it’s almost gone.

Seventy-nine percent of the original productive old growth has been logged, and 90 per- cent of the high-productivity valley bottoms are gone too. [2:10 p.m.] Despite their rarity and ecological importance, we con- tinue to actively log these forests. On the coast, 54 percent of everything we log is old growth. We’re managing them to zero. BCTS, the government’s logging agency, just suspended their auction of 109 hectares of old growth within metres of the Juan de Fuca provincial park due to public outrage. These auctions are happening all across the Island, and it cannot continue.

To the Premier, considering what is at stake, how does he justify the continued logging of coastal old growth? Hon. D. Donaldson:Thank you to the member for the question. Old-growth management is important in B.C. That’s because we value old-growth forests for their contri- bution to biodiversity and for the way old-growth forests support forestry workers and communities on Vancouver Island, along the coast and across B.C. We, therefore, must take a thoughtful and considered approach to old-growth management on Vancouver Island.

We’ll be engaging soon on an old-growth plan with com- munities and First Nations on Vancouver Island. In the meantime, we’re taking steps, as the member mentioned, to recognize the unique and endangered ecosystems on Van- couver Island.

We set aside 70,000 hectares on Vancouver Island and the coast for the protection of marbled murrelet and northern goshawk, and we’re ensuring that the forests of Vancouver Island are used better to support communities with our coast forest sector revitalization plan, which will drive more logs to domestic manufacturing and reduce the amount of waste so that pulp mills have better fibre supply. Mr. Speaker:The member for Saanich North and the Islands on a supplemental. A. Olsen:The thoughtful and considered approach is to continue cutting it, which doesn’t last very long. It only goes until there’s nothing left.

Like I said, we are managing this resource to zero. Logging coastal old growth simply isn’t good for jobs in the long term, and that’s because it’s a finite resource. Once they’re gone, they’re gone. At this rate, that will be much sooner than later. If we act now, we can successfully transition our coastal forestry to a sustainable, second-growth industry. This means using science-based methods to determine what forests to leave and which ones to harvest. All the evidence points to leaving high-productivity old growth intact.

We must log selectively to minimize environmental impacts, and we need to invest in value-added manufacturing here on the coast. Value-added jobs are more resilient to market factors and higher paying. It’s the best-case scenario for forest work- ers, for tourism operators and for the environment. Today we called for a moratorium on logging in old- growth hot spots on Vancouver Island. We cannot afford to wait for the government to delay any longer. The time to act is now, for the benefit of coastal economies, communities and the environment.

To the Premier: will you institute a moratorium on log- ging the few intact productive old-growth forests on Van- couver Island? Hon. D. Donaldson:We aren’t managing the old-growth forests on Vancouver Island to zero. There are 500,000 hec- tares of old-growth forest protected in parks and other pro- tected areas on Vancouver Island. But I do acknowledge the member’s point and those who are concerned about old- growth forest management. Old-growth forests sustain diverse wildlife, regulate water flows and have an important impact on the nutrient cycling.

We also know that old-growth forests are an important part of communities’ economic future, as well as workers’ in the forest industry. We want to get a better understand- ing of that by engaging with the public, First Nations and communities — the 45 First Nations on Vancouver Island who have an interest in the forests surrounding those com- munities. We’ll be doing that in a thoughtful and measured approach very soon, and that’s the way we’re going to get to better management of old-growth forests on Vancouver Island. 9204 British Columbia Debates Monday, May 13, 2019

ALLEGATIONS REGARDING COMMUNICATION PRACTICES OF CITIZENS’ SERVICES MINISTER M.

Polak:The opposition was copied on a letter that has been received by the Attorney General for B.C., a letter from Donald Sorochan, QC, which contains serious allegations against the Minister of Citizens’ Services. [2:15 p.m.] Included in the allegations are claims that the minister uses iMessage, WhatsApp and her personal email and that “she instructed her staff to only communicate using these methods in order to avoid her communication being cap- tured by FOIPPA law. ” Is the Premier aware of the allegations contained in this letter? Hon. D. Eby: I advise the House that I have not seen the letter yet.

I’ll go back to my office after question period, and I’ll take the question on notice right now. Mr. Speaker:The House Leader for the Official Opposi- tion on a supplemental. M. Polak:These are serious allegations being made by Kate Gillie, a former staff member to the Minister of Cit- izens’ Services from January 8 to February 22, 2019.

She alleges that the minister “explained to me that she only used her ministerial phone or email for routine tasks or conver- sations, because ‘I have to have something to show them. ’ The ‘them’ she referred to were those members of the public, opposition or media who were making FOI requests for her communication. ” When was the Premier or his office made aware of these allegations? Hon. D. Eby:As I advised the member, I haven’t seen the letter. It sounds like serious allegations.

I certainly think it would be a good idea to have a look at the letter and see what’s in there, as opposed to having the member, I guess, read sections of the letter, possibly. It’s not clear to me. I’ll take the matter on notice. Mr. Speaker:The House Leader for the Official Opposi- tion on a second supplemental. M. Polak:Just to be clear for this House, according to the letter that we were copied on, the staff member already raised these concerns with the Premier’s office in the past. Ms.

Gillie further alleges that “on more than one occasion, the minister’s senior ministerial assistant called to explain to me that I was not to communicate with the minister or her ministry staff via their government emails, unless I had first checked via text or phone call. ” Am I to understand that the Premier was not made aware of these issues that were raised to his office previously? Hon. D. Eby:I’ve taken this matter on notice. P . Milobar:We know that the minister has a history of breaking the rules.

It appears that in the aftermath of the previous embarrassment, she went to even greater lengths to intentionally circumvent the laws and the system that she is sworn to uphold. It’s alleged: “I was repeatedly told by the minister’s seni- or ministerial assistant to never admit to the use of per- sonal email for ministerial business, as we have to protect the minister. ” To the Premier, has the Premier or his office investigated these allegations? Hon. D. Eby:I’ve taken this question on notice. Mr.

Speaker:Member, just a reminder, of course, that when the minister takes it on notice, your second question would be something different. P . Milobar:Thank you, Mr. Speaker. Point taken. The letter does allege behaviour of the minister that is deliberate, systemic and purposeful. In fact, the Premier should have been made aware, because the letter does say that the assistant deputy minister of cabinet operations and deputy cabinet secretary had been, indeed, told well in advance of this letter. Mr. Speaker:Member, again, if we could go down a dif- ferent path entirely….

I think we’re on the same line of questioning. P . Milobar:Mr. Speaker, I’m curious if the minister’s office did contact the Privacy Commissioner to investigate the allegations from previous and, if so, when the request was made. Mr. Speaker:Again, same topic but different question. Attorney. Hon. D. Eby:I have taken this on notice, because I haven’t seen the letter.

M. de Jong:Whilst I appreciate the approach the Attorney wishes to take, and perhaps a prudent approach, the question in this instance is for the Premier. [2:20 p.m.] Will he confirm that his office, via the cabinet secretariat, was made aware of these and other serious allegations con- cerning the conduct of the Minister of Citizens’ Services over two months ago, and will he advise the House what steps he took to initiate an investigation? Hon. J. Horgan:There is a letter being discussed by the opposition which I have not seen. I’m not aware of any investigation underway.

Again, I’ d like to think that the Monday, May 13, 2019 British Columbia Debates 9205

people on the other side would take, “We’ll get back to you, ” as an answer, but apparently not. Mr. Speaker:The member for Abbotsford West on a sup- plemental. M. de Jong:That is somewhat helpful. Given the minister’s record, which the House is aware of, given the serious nature of the allegations contained in the letter from the lawyer Sor- ochan and given the fact that his office has apparently had the information contained in that letter for over two months, this is my question to the Premier. I understand he will want to familiarize himself, or re- familiarize himself, with the contents of the letter.

Will he undertake to come back before the House tomorrow and indicate whether or not, in these circumstances, given the history, given the record and given the nature of the allega- tions, he believes this minister can continue to serve in the executive council? Hon. J. Horgan:Given the record of the people on that side of the House when it came to triple delete, when it came to criminal charges about the use of technology in this building, I’ll take my own counsel. Rather than take the word of the members on the other side, I’ll consult with the Attorney.

We’ll take a look at the information, and we’ll proceed from there. CLOSING OF QUESNEL MILL AND GOVERNMENT POLICIES ON FOREST INDUSTRY C. Oakes: Mr. Speaker 150 family-supporting forestry jobs were lost in my community last Friday with the announcement of the closure of Tolko mills. This closure will also have a significant impact on contractors and small busi- nesses in our community.

We have been raising concerns being brought forward by industry and by experts on the challenges that industry is seeing with the growing num- ber of changes in the policy, the legislative changes and the administrative changes in the forest policies being brought forward by this government. The Premier and this government have dismissed these concerns, and the government has mocked and even laughed at us and at the legitimate concerns that we’ve been bringing forward. This condescending approach by the government is disrespectful to the workers, to the contractors and to the small businesses in my community.

Will the Premier come to Quesnel and tell my community how he intends to help the contractors, small businesses and workers impacted by the closure of Tolko? Hon. J. Horgan:I thank the member for her question. I know she’s as concerned about her community as anyone in this House. The sad news of the Tolko closure of the Quest Wood facility in her community was obviously devastating news for the 150 workers there and those that depend on it. I will correct the member on some of these points. This is not a surprise.

The member for Nechako Lakes headed up an interim timber supply review five or six years ago that poin- ted quite clearly to a lack of fibre — too much volume, not enough value. Those are the types of discussions we’re having right now with industry leaders, with community leaders, with workers and with First Nations right across the Peace. Company after company has said: “This is the appropriate way to go.

Let’s all sit down together, timber supply area by timber supply area, and come up with solutions for a long- term fix to our forest industry. ” I appreciate that the member is now going to get up and say that it’s all someone else’s fault. This is something that has been going on for generations. We are now at a critical point in the sector. Members know that, and I hope that they will join with us and work to make sure we don’t see issues like this replicated in other communities right across the province. The time to sit and work together is now.

The time to be critical of the past — the distant past and the recent past — is not helpful to anybody. C. Oakes: Last week the Premier actually stood in this House and said that people are excited about the changes that the government is making in forest policy. I can tell the Premier today that people in my community who’ve just lost their jobs are not really excited. [2:25 p.m.] Rather than work with the forest sector, the Premier takes a “Victoria knows best” approach that has made us the highest-cost producers in North America.

His policies mean that instead of shipping lumber, we are shipping jobs to the United States. Will the Premier immediately press pause on his dam- aging policies and come to Quesnel? Hon. J. Horgan:Again, to say that the situation in the forest industry arrived the other day is as obtuse as I think you can possibly be on a subject this important. The devasta- tion of the mountain pine beetle. Successive fire seasons that are the worst in our history. How can you sit there and say this is someone else’s problem? It is our problem. It’s a prob- lem for the people of B.C.

I have reached out to industry leaders, to workers, to Indi- genous leaders, to community representatives. They have agreed that the best way forward is to sit down, timber sup- ply area by timber supply area. The House Leader for the opposition would prefer to score political points. It will not help the people in Quesnel. It will not help the people in other forest-dependent communit- ies.

What will help is a Legislature that is unanimous in our resolve to make sure that we can take our dwindling fibre basket and add more value to it to create more jobs in the long term. 9206 British Columbia Debates Monday, May 13, 2019

S. Thomson:The Premier talks about consultation. Let’s just look at the words of his Forests Minister. On Thursday, he said: “I’m sorry if the member doesn’t like my reaction to the questions, but it’s hard to keep a straight face. ” His words. That’s the attitude by the Premier. That’s the attitude by the Minister of Forests — to be dismissive and condescending of the concerns raised by the industry and communities. The minister stood and read a letter from Tolko that said they were begging for consultation with the government, that they wanted to work with government.

But what he didn’t say was that letter was written before he blindsided the industry with Bill 22 with no consultation. This is adding continued uncertainty, greater uncertainty for the industries. It’s piling on the uncertainty. As I said, with no consultation, the very next day, 240 workers lost their jobs. My question to the Premier is: will he show some respect today, listen to the concerns from the industry and the com- munities and press pause, just as he did with the caribou file? Hon. D.

Donaldson:First off, I just want to acknowledge that our government knows how difficult the closure of a sawmill is for people in communities. I’ve lived through it in the community I represent and the communities all the way from Prince Rupert up to Hazelton when mills shut down. We’re working with a transition team with workers on that right now. I want to correct the member. The letter that we received from Tolko in support of the Interior TSA process came out after the Premier wrote letters to major industry players to try to take a collaborative approach. That’s the approach we’re taking. It’s not isolated.

There are many companies that want to work with us as we work with workers, with com- munities and with First Nations. Robert Novak from Dunkley Lumber Ltd. wrote, in response to our Interior TSA initiative, to say: “We want to first take this opportunity to indicate to you that Dunkley Lumber is and will continue to be part of the concepts and required work that you have outlined. We also hope that government sees Dunkley as a willing forest company parti- cipant in the work that lies ahead. ” That’s the kind of process we’re starting. Mr. Speaker:The member for Kelowna-Mission on a sup- plemental. S.

Thomson: Well, the letter went out; the industry responded. But the important point that is missing and that the minister is not saying is the fact that that letter and responses came before the minister tabled Bill 22 without any consultation with the industry, blindsiding the industry. What have we seen in terms of the response?

Just as was pointed out, the Premier dismisses those concerns, calling them whiners, anybody who raises concerns about it, some- body who just wants to “take a pop at the government. ” Those are his words. [2:30 p.m.] On Friday, we had the devastating news — 240 workers, affecting families, contractors, businesses in two communi- ties in the province. The question, again, to the Premier is: will he admit his blunder, and will he press pause on his ill-advised policies that continue to add to the uncertainty in the forest sector?

Will he press pause on those initiatives and undertake prop- er consultation with the industry? Hon. D. Donaldson:Well, it’s important to remember that the problems facing Tolko are not new. The mountain pine beetle epidemic, the 2017 wildfire season and weak- ening lumber markets have all contributed to the fibre shortage. Now, as far as pressing pause goes, the member should know well about that. Back when he was Forests Minister, there was the mid-term timber supply review. It came out in 2012.

It forewarned of these kinds of mill closures due to a lack of fibre, and instead of doing something, they pressed pause and did nothing. W AGES FOR COMMUNITY SOCIAL SERVICES WORKERS J. Martin:This Premier and this government have been in the process of blatantly discriminating against 17,000 social services workers. Max is one of these workers, and he writes: “I work for a non-union agency out of choice.

Being excluded from a fair wage redress because I don’t belong to some union seems to me to be a glaring bias. ” Will the Premier stand up and explain to Max, and the thousands of workers like him, why he is being discrimin- ated against? Hon. S. Simpson: As I’ve said previously to this, we’re working with the sector. I’m pleased that we met with a wide range of the umbrella organizations that represent most of the contracted social service groups. We met on Friday. We had discussions about an array of issues that impact this sec- tor going back many, many years, including issues around recruitment and retention.

We do have a plan moving for- ward, working in collaboration with the sector to make sure we’re delivering the best services possible to the people who are supported by those agencies. Mr. Speaker:The member for Chilliwack on a supple- mental. J. Martin:Max continues: “How on earth can you allow this? I expect my government to fight for the rights of all people and not reward their friends. ” Can the Premier or can the minister tell me and tell Max why the new discrimination party is treating them like a second-class citizen? Hon. S.

Simpson:I’m looking forward to the work we’re Monday, May 13, 2019 British Columbia Debates 9207

going to do over the coming weeks and months as we for- mulate a plan that ensures the best possible services for the people who are supported by contracted social services. I’m looking forward to those conversations. T. Shypitka: The Cranbrook Society for Community Living has been around since 1956 and faithfully gives the support and skills needed to vulnerable people to live act- ive, meaningful, independent lives. This group enjoys a blend of both unionized and non-union people — about 160, I believe.

Brandon Arnett, the executive director, writes to say that the NDP government’s decision harmed both the workers being discriminated against and the families they serve. Brendan has a question for the Premier, which I will quote directly. “How do we tell a single mom struggling to make ends meet that she won’t be receiving the same wage increase her colleagues will be receiving, all the while expecting her to do the exact same job?” Hon. S.

Simpson:We’re looking forward to the work that we’re doing over the coming months with those organiza- tions in the CEO Network, in the Federation of Community Social Services, among the Aboriginal friendship centres, with PARCA, with Board Voice. All of these are umbrella organizations that support the work of many agencies. [2:35 p.m.] We have had a very positive discussion on Friday. I’m looking forward to how we move forward to deal with pro- curement, to deal with contracts, to deal with policy advice, to deal with an array of issues that have been ignored for a very long time.

We’re going to move it forward. I’m feeling positive about that. That member should feel positive too. Mr. Speaker:The member for Kootenay East on a supple- mental. T. Shypitka:Well, the people in my riding and people from the Cranbrook Society for Community Living aren’t feeling very optimistic right now. The workers and families supported by Community Living deserve to hear an actual answer from the Premier — that was the question — to Brandon’s question. This is what else he wrote: “Is this all a ploy to drive non- union employees towards unions?

This government is mak- ing this decision in bad faith with ill intentions and in a fash- ion of discrimination. ” It appears that the new discrimina- tion party is at it again. The question is to the Premier. Will the Premier stop his discrimination and hiding behind other ministers and provide equal pay for equal work to those that assist our society’s most vulnerable? Hon. S. Simpson:Those workers who are feeling positive are those ones who now won’t face the experience that they had under the previous government, where thousands of workers had their wages cut and thousands of workers lost their jobs. Hon.

Speaker, nobody who understands that side’s performance when it comes to labour relations and human resources would have one moment’s time for the phony non- sense coming out of that side. [End of question period.] Orders of the Day Hon. M. Farnworth:In this chamber, I call second read- ing of Bill 32, Protected Areas of B.C. Amendment Act (No. 2). In Committee A, the Douglas Fir Room, I call committee stage on Bill 11, Civil Forfeiture Amendment Act. In the Birch Room, Committee C, I call continued debate on the estimates of the Ministry of Energy and Mines. [R.

Chouhan in the chair.] Second Reading of Bills BILL 32 — PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT (No. 2), 2019 Hon. G. Heyman: Mr. Speaker, I move that this bill be read a second time now. The proposed amendment to the Protected Areas of Brit- ish Columbia Act will remove approximately two hectares from Loon Lake Park to enable the Thompson-Nicola regional district to apply to build a new community fire hall on the site and to accept two segments of road from the park. Loon Lake Park is an 8.74-hectare class A park comprised of two separate lots, 7548 and…. Interjections.

Deputy Speaker:Minister, can you hold, please? Members, if you don’t have House business, maybe you can be quiet. The minister continues. Hon. G. Heyman: Loon Lake Park is comprised of two separate lots, 7548 and 7547, but all park facilities were removed in 2002, and the park was closed due to a steady decline in park visitation. The entire park was damaged to varying degrees during the 2017 Elephant Hill wildfire. It also destroyed the Loon Lake community’s fire hall.

The previous fire hall location is not considered adequate due to insurance requirements for maximum response distance from the most populous area of the community. [2:40 p.m.] The amendment will remove the land on the north side of Loon Lake Road and 7547, and the portion of Loon Lake Road traversing 7547 will also be removed to provide a more 9208 British Columbia Debates Monday, May 13, 2019

definable boundary. A short segment of Loon Lake Road and lot 7548 will also be removed from the park. The Thompson-Nicola regional district carried out public consultation respecting the proposed boundary change to the park, and there is strong local community support for removing the land from the park to enable the construction of the fire hall. The local regional district will work with local First Nations to complete a cultural and archaeological assessment of the grounds before development. This amendment will assist in providing a new fire hall, for a community in need of one, in a timely manner. J.

Tegart:It’s with great pleasure that I rise in the House to speak in favour of Bill 32, Protected Areas of British Colum- bia Amendment Act (No. 2), 2019. The 2017 Elephant Hill fire destroyed the Loon Lake fire department and a critical piece of infrastructure for the small community, as it was the community’s only fire hall. The fire covered over 191,000 hectares and destroyed land- scapes, livelihoods, homes, businesses and the entire Boston Flats Mobile Home Park.

The Thompson-Nicola regional district has been working closely with the community of Loon Lake and myself to secure land for the new building for the Loon Lake fire department. In June of 2018, I wrote a letter to the Minister of Environment, outlining the challenges that the Loon Lake community was facing, trying to relocate their fire hall to a location more central for the population of the community. This location was part of a closed provincial park that had not been used for a number of years. I asked the minister to assist in expediting the process to enable the community to get shovels in the ground.

I want to recognize the work of this minister and his staff for bringing this bill to the floor of the House, in this spring session, to ensure that the community of Loon Lake has an opportunity to move forward with this build. This bill adjusts the descrip- tion of Loon Lake Park within the Protected Areas of British Columbia Act by removing land from the park for the pur- pose of providing a viable space for the construction of the new community fire hall. As you can imagine, the community was devastated by the wildfire.

Local volunteer firefighters stayed behind during the evacuation to protect as many structures as they could. Many homes and cabins were burnt to the ground, along with their own fire hall. Since the fire, support for this small rural fire department has come from across the province. I would like to mention some of the people and organizations that have donated $1,000 or more to the project. I ask your forgiveness for tak- ing time for the long list, but I think it’s really important that people get recognized.

The following is a list of those who donated $1,000 or more towards this project: the Rotary Club of Kamloops; Michael and Marjorie Milaney; Elizabeth Harrison; the Lakeside Resort; Interior Savings, Ashcroft; Country Lum- ber; Muni-City Services; Anthony McGill; Pan-Cam Devel- opments; Karen Stark; Jack and Irene Giesbrecht; Canadian National; Enbridge; Clinton and District Community Forest of B.C.; Ashcroft and District Lions Club, who made two donations; Steve Pecchia; Integris Credit Union in Clinton; PaintNite; Oliver fire department; Ted and Valerie Mark; Patrick Devlin; Vaughn and Marny Kenney; Laurel and Med Eldridge; Cache Creek volunteer fire department; Red Cross; Royal Bank of Canada. [2:45 p.m.] Fraserway RV deserves special mention because they donated $275,000 towards this project.

This is a company that does not live near Loon Lake, and they were donating dollars from every RV sold in B.C. — 10 percent of retail parts, 10 percent of rental bookings and $750 from every RV sold in each of their seven dealerships. They offered $1,000 credit on an Adventurer Group cash card for dis- placed residents purchasing an RV , and they matched donations, dollar for dollar, by 800 employees. Mr. James Epp presented this news of a significant donation to the Loon Lake fire department. I would like to acknowledge….

Y ou know, when we’re in times of trouble, people step forward, and the Loon Lake people are most appreciative. The replacement of the fire hall is an important step in the rebuilding and recovering of that community. I would like to personally thank the minister and also say that I am pleased to support Bill 32, Protected Areas of Brit- ish Columbia Amendment Act (No. 2), 2019. I look forward to participating in the committee stage. Deputy Speaker:Seeing no further speakers, the minister to close the debate. Hon. G.

Heyman:I’ d like to thank the member for Fraser- Nicola for her comments as well as for her very important advocacy for her constituents in the community of Loon Lake, for working with our ministry staff to achieve this sensible result. I also want to thank her for recognizing the volunteers, the people who came together in the community to offer support, finances and resources to rebuild the fire hall, and for recognizing the important work of all firefight- ers, including volunteer firefighters, in protecting and caring about communities.

We don’t make changes to provincial parks lightly in Brit- ish Columbia, but in this case, it makes sense, and there is no compromise to ecological or conservation values. The com- munity, as we’ve all pointed out, is strongly supportive. With that, I move second reading. Motion approved. Hon. G. Heyman: I move that the bill be referred to a Committee of the Whole House to be considered at the next sitting of the House after today. Bill 32, Protected Areas of British Columbia Amendment Monday, May 13, 2019 British Columbia Debates 9209

Act (No. 2), 2019, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today. Hon. H. Bains:I call second reading of Bill 8. BILL 8 — EMPLOYMENT STANDARDS AMENDMENT ACT, 2019 Hon. H. Bains:I move that Bill 8 be read a second time now. Bill 8 is a set of very, very important changes for British Columbians and to British Columbia’s Employment Stand- ards Act.

For those who would be wondering what the Employment Standards Act is, the Employment Standards Act is the law that sets minimum standards and conditions of employment for most workers in the province. Workers and employers in the province rely on employment stand- ards to protect their rights and to reflect their changing needs, to ensure workplaces remain fair and efficient.

For far too long, the province’s Employment Standards Act had not changed, even as other jurisdictions updated their standards to better protect workers and even as the working environment had changed dramatically through globalization and technology. Fifteen years have gone by without significant changes to the Employment Standards Act in B.C., and 25 years without a significant review.

With Bill 8, our government is taking action to make changes that are overdue — changes that will better protect children and youth from dangerous work, make it easier for workers to get help when they feel their rights have been violated, provide more job protection to people dealing with difficult personal circumstances and ensure that employees are paid the wages they are owed and that employers and others that violate the law don’t have an unfair economic advantage over good employers. [2:50 p.m.] We’re making these priority changes as a significant step towards fulfilling my mandate, as Minister of Labour, to make sure that B.C. ’s employment standards are applied evenly and enforce and reflect the evolving needs of our workplaces.

Working people will be better protected and supported through these proposed amendments to the B.C. Employ- ment Standards Act. Why? I believe that working people are the lifeblood of this province, yet we see working people struggling, because our employment standards do not pro- tect them. In developing these amendments, we have considered recommendations from several groups, including the B.C. Law Institute, the B.C. Employment Standards Coalition and the B.C. Federation of Labour, along with input from work- ers, employers, the public and academics. The B.C.

Law Institute’s independent and comprehensive review — which was funded in part, I would tell you, by the province and included the Ministry of Labour as an observer — plays a significant role in informing some of these changes. Specifically, several of the proposed changes in this bill align with the unanimous or majority recom- mendations from the B.C. Law Institute. It is important to know that the B.C.

Law Institute did extensive public con- sultation before finalizing its report, which provided workers and employers, stakeholders and others an opportunity to provide their views on how to modernize the Employment Standards Act. As well, during March of this year, we invited the public to give their feedback on the area we’re discussing in Bill 8 today, as well as on hours of work and overtime and on fair- ness for terminated workers. We received over 1,200 submis- sions and took this input into account when finalizing the amendments to Bill 8.

The input from public engagement will also be considered as we look to make potential further future amendments to the act. I would now like to speak about some of the specific changes to be made in Bill 8. The amendments we are pro- posing fall into four categories, four areas of improving the employment standards in British Columbia. The first of the priority areas is to raise the working age for children and better protect them from dangerous work. For too long, B.C. has lagged behind the rest of Canada when it comes to protecting children in workplaces.

Changes made in 2003 have allowed children as young as 12 to do virtu- ally any kind of work, including in dangerous sectors like construction. As a result, there have been many life-altering injuries in workers 14 years old or younger. I move adjournment of debate and reserve my right to speak again. Hon. H. Bains moved adjournment of debate. Motion approved. Report and Third Reading of Bills BILL 11 — CIVIL FORFEITURE AMENDMENT ACT, 2019 Bill 11, Civil Forfeiture Amendment Act, 2019, reported complete without amendment, read a third time and passed. Hon. M.

Farnworth:I apologize to my colleagues for the interruption. There may be one more yet to come. In this House, I call continued debate on Bill 8. In the Douglas Fir Room,

Section A, I call committee stage on Bill 7. [2:55 p.m.] 9210 British Columbia Debates Monday, May 13, 2019

Second Reading of Bills BILL 8 — EMPLOYMENT STANDARDS AMENDMENT ACT, 2019 (continued) Hon. H. Bains: I was just talking about protecting our children from dangerous work — their health and safety at workplaces. I was talking about changes made in 2003 that allowed children as young as 12 to go and work any occu- pation in British Columbia. Many of them have life-altering injuries as a result of that. This is not just anecdotal numbers or a speech. WCB data confirms that over $5 million was paid to children under 15 who worked and were injured.

Those were the numbers paid in injury claims: $5.2 million over a ten-year period. It clearly shows that our children were getting hurt in work- places. Workplace data also shows that every year between 2007 and 2017, workers were being injured, and that is simply unacceptable. These proposed amendments will better protect our chil- dren by raising the age that a child may work without an employment standards branch permit from 12 to 16, allow- ing an exception for 14- and 15-year-olds to do light work that is safe for their health and development, prohibiting children under 16 from doing dangerous work.

What we heard from people and what we learned from B.C. Law Institute recommendations was that 14- and 15-year-olds want to be able to participate in the workforce. The proposed amendments will allow 14- and 15-year-olds to do certain forms of light work, with the consent of a par- ent or guardian, like stocking shelves in a convenience store, working their family farm while helping their parents. Oth- er forms of work will require a permit from the director for anyone under the age of 16.

Defining exactly what should be considered light work will be laid out in the regulations fol- lowing a transparent consultation process. Perhaps more importantly, young people under 16 will be prohibited from working in dangerous industries like min- ing, forestry, pulp mills, heavy construction. Dangerous work is anything that is likely to endanger a child’s health, safety or morals — for instance, working on a construction site or in a factory with heavy machinery. Setting out exactly what should be considered dangerous work will come at the regulation stage.

These changes to our employment stand- ards for children will bring B.C. into alignment with interna- tional child employment standards. I must remind the House here that when those laws were changed in 2003, allowing a 12-year-old to work in any work in B.C., we were cited by the International Labour Organiz- ation of the United Nations that that is not in line with their convention. That is not in alignment with the international law about our children and workplaces. But the government of the day ignored all of that, and like I said, children contin- ued to get hurt.

Now we will put an end to B.C. ’s reputation as the only province without meaningful legal restrictions by making sure our kids are not employed in work that is unsafe for young persons. Children are our future, and we need to give young people the time to develop and mature before joining the broader workforce. Above all, we want to keep them safe. Everyone wants our children to be safe and healthy, and we know that children can often provide helpful age-appropriate support for family businesses, including family farms, as I said earli- er.

The changes we are making with Bill 8 are about keeping our children safe while ensuring that young people can con- tinue to help out in family businesses. As I indicated earlier, the details for new child employ- ment law will be set out in regulations. Before these regu- lations are established, government will consult broadly and will want to engage extensively with stakeholders for their input on how we can work together to better protect children in diverse workplaces.

The second priority is the area that we are addressing at this time to provide more job protection to people dealing with difficult personal circumstances. Bill 8 proposes two new job-protected leaves that will allow people to take time away from work to deal with personal hardship without hav- ing to worry about losing their job. [3:00 p.m.] The first new leave is for victims of domestic violence. Workers who have experienced or are the parent of a child who has experienced domestic violence will be able to take unpaid, job-protected leave.

This change allows workers to take up to 15 consecutive weeks and up to ten non- consecutive days for things like therapy sessions, medical appointments, finding a new home or a new school for their children. B.C. will now join most other provinces in bringing in this important domestic violence leave to better support women, children and all workers who have been impacted by domes- tic violence. The second leave is critical care leave. Workers who need to care for a critically ill family member will be able to take a job-protected leave while using federal employment insur- ance benefits.

The federal government introduced this pro- tection in December 2017, and B.C. needs to align the act to provide corresponding job protection. The leave allows workers to take up to 36 weeks to care for a critically ill child under 19 and up to 16 weeks to care for a critically ill adult family member. People shouldn’t have to choose between their job and taking care of their family dur- ing times of personal difficulties. We must balance the needs of employers with the needs of employees in these difficult personal situations.

The third priority is to ensure employees are paid the wages they are owed and that employers and others that violate the law don’t have an unfair economic advantage that makes for an uneven competitive playing field. Everyone deserves to be paid wages that they have rightfully earned. Whether you are a server relying on tips or you haven’t been paid your full wage by your employer, the proposed amend- Monday, May 13, 2019 British Columbia Debates 9211

ments aim to ensure all workers are able to recover what they are owed. Bill 8 will add new provisions that would regulate tips and gratuities. Employers will be prohibited from withholding tips or other gratuities from workers, deducting an amount from them or requiring them to turn them over to the employer. Tip pooling will be allowed, but employers will not be allowed to share in the tip pool unless they perform the same work as other workers. These changes are based on the tip regulation system in Ontario, which the B.C. Law Institute report recommended for British Columbia.

We have been hearing about unfair practices around tips for years, and it’s time for that to stop. Bill 8 will also extend the wage recovery period under the Employment Standards Act. Workers who are owed wages by a current or former employer will be able to recover up to 12 months of back pay, up from the current six months. The 12-month recovery period will apply to complaints cur- rently before the employment standards branch if a determ- ination has yet to be made.

The federal jurisdiction, along with New Brunswick, Northwest Territories, Prince Edward Island, Quebec and Saskatchewan, has a 12-month wage recovery period already. The proposed legislation also gives the director of em- ployment standards the discretion to extend the recovery period to 24 months in circumstances to be prescribed by the regulations. For example, the ministry is considering circumstances where infractions are seen to be wilful or severe.

As a consequence to the extended wage recovery period, Bill 8 will change the record retention period from two years to four years to ensure that the payrolls and oth- er records are available if there is a complaint or investiga- tion about unpaid wages. Through Bill 8, government is also strengthening several other provisions within the act to ensure that the workers recover as many wages and other amounts owing to them as possible. Significantly, we are restoring the Employment Standards Act as a floor for new and renewed collective agreements.

In some areas, variations from the standards in the act will be permitted but only if the collective agreement provisions meet or exceed the requirement in the corresponding pro- visions of the act. These changes for collective agreements ensure that the unionized workers have the same rights and standards as other workers, that minimum employment standards cannot be negotiated away and that there is a level playing field.

There were complaints where some employers and some unions were trying to go around the minimum standards and negotiate inferior agreements, and that put their com- petitive employers at a disadvantage. Not only that; it cheats the workers out of the rightful wages that they are owed under the act. [3:05 p.m.] Many collective agreements already, on the other hand, meet or exceed the standards of the act, so this change should not impact many unionized workplaces.

For those few that it may impact, this change will not affect collect- ive agreements that are in force when the changes come into effect, allowing employers and unions time to align their agreements with the new minimum standards. Bill 8 will permit employers and unions to continue operating under the provision of current collective agreements until an agreement expires and a new or renewed agreement comes into effect. Another change is a new requirement for employers to provide employees with information about their rights under the Employment Standards Act.

Employers will be responsible for providing the information to workers they employ, since they have direct knowledge of and access to their employees. This requirement is intended to protect workers by ensuring that they have information about their employment standards entitlement. It will also sup- port compliance by ensuring that the employers are famil- iar with the requirements of the act and the obligations they have to workers. Another improvement is that Bill 8 will require temporary help agencies to be licensed.

Temporary help agencies employ people to assign them to perform work on a tem- porary basis for clients of the agency. With the exception of farm labour contractors, temporary help agencies are cur- rently not required to be licensed. My ministry has reviewed research from other jurisdic- tions that shows that employees of temporary help agencies are often in vulnerable and precarious work situations that warrant special attention.

The proposal to extend a licensing requirement to temporary help agencies will assist the employment standards branch in addressing compliance issues in a sector where vulnerable workers are often employed and potentially exploited. To further support the recovery of unpaid wages to work- ers, Bill 8 will restore corporate officers’ and directors’ liab- ility for unpaid wages in bankruptcy situations, similar to what existed prior to 2002. No other Canadian jurisdiction has a bankruptcy exception for directors’ and officers’ liabil- ity for unpaid wages.

Another change in Bill 8 adopted the recommendation made in the B.C. Law Institute to provide some flexibility in the issuance of mandatory penalties imposed for non-com- pliance with the act. This amendment will provide author- ity for the director of the employment standards to waive a monetary penalty in certain circumstances. Currently, mon- etary penalties are mandatory, and there’s no authority for the director to waive a penalty.

The circumstances in which a director may waive a pen- alty will include situations like, for example: a person pays all wages owed to the employees, as determined by the dir- ector; the contravention was not deliberate or due to negli- gence; the person had a good basis for contesting the issue that reflected an arguable

interpretation of the legislation or a valid dispute of the facts; or other situations to be pre- scribed by regulations. 9212 British Columbia Debates Monday, May 13, 2019

The amendment addresses employers’ concern about the inflexibility of the existing system and recognizes that while mandatory penalties are an important incentive to support compliance with the Employment Standards Act, in some instances it is fair or appropriate to waive the penalty.

A small but important change will be to replace the exist- ing occupational title of “domestic, ” which is an outdated and potentially offensive term, with the more contemporary title “domestic worker. ” The definition of “domestic worker” will repeal the existing requirement that domestic workers must live at the employer’s residence. This is in response to the live-in requirement being abolished under the caregiver streams of the federal temporary foreign worker program.

The live-in requirement was contributing greatly to the potential for abuse and exploitation of temporary foreign workers by increasing their dependency on employers. By repealing the requirement to live at the employer’s residence, domestic workers will receive the full protection of the act, whether or not they reside with their employer. Finally, the fourth and the last priority area that we are recommending and proposing through this bill, but cer- tainly not the least, is to modernize the employment stand- ards branch to make it easier for both workers and employ- ers to access the services they need.

The employment stand- ards branch helps workers and employers understand B.C. ’s employment laws and ensures that those laws are followed. [3:10 p.m.] For too long, B.C. ’s workers have not received the level of support they deserve, facing barriers accessing justice when they have been mistreated by an employer, knowing what their rights are or how to get help.

We’re improving how the branch delivers these services, which all clients count on, by eliminating the self-help kit to make the complaint process more accessible and to facilitate a worker’s access to justice; requiring a preliminary review, followed by an investigation of all complaints accepted by the branch; improving on the current process of forgoing investigation in favour of speedy resolutions; and ensuring fairness and transparency for employers and workers by providing them the opportunity to respond to a written report on an investigation of all complaints before a final decision is made.

The director of employment standards may also conduct a broader investigation of a workplace if a com- plaint shows a systemic problem. These amendments to improve the complaints and invest- igation process at the employment standards branch, along with other operational improvements, will be supported by a budget increase of $14 million over the next three years. I’m especially proud that part of improving services for workers will be doing away with the self-help kit, which for too long has been a barrier to workers seeking help.

As we implement these improvements, the employment standards branch will become more accessible and the complaint process more streamlined and effective for all clients. I’m aware that some people and some groups have been asking why government is bringing forward these particular amendments in Bill 8 but not other important issues that they also believe should be addressed. For years, we have been hearing from workers and employers that the amend- ments being proposed in Bill 8 are priority items that urgently need to be addressed.

These are areas that will have an immediate impact on the well-being of workers across a wide range of industries. Further, as I have indicated, the B.C. Law Institute’s extensive review of the act recommended many of the changes being proposed. We know, though, that there are many areas of concern that people still want us to change. I can advise that further review of the Employment Standards Act is underway to look at all the B.C. Law Institute recommendations, as well as feedback from stakeholders and input from our recent pub- lic engagement. I would like to thank the B.C.

Law Institute for their detailed review and recommendations that have guided and continue to guide our work on updating the act. The B.C. Employment Standards Coalition and the B.C. Federation of Labour also deserve recognition for their valuable input on this work. And I would like to thank all workers, employers and members of the public who have taken the time to give their input as well. Their voices have been heard, and we are working to make life better for them. As I said, working people are the lifeblood of this prov- ince. When we strengthen protection for workers, we strengthen our economy.

Our government is taking steps to make life better for people, and this includes putting in place laws that will provide better protection and support. I’m tre- mendously proud to be leading Bill 8. It is important to note that these proposed changes are aimed at ensuring that workers’ rights are respected and are fair to the vast majority of employers who abide by the law. As well, they are aimed at levelling the playing field for good employers so that unscru- pulous employers don’t gain an unfair advantage. I just want to re-emphasize this point.

These changes not only are to provide better protection for the working people in this province. I’m talking about 70 to 74 percent of the workers in this province, most of them very, very vulnerable. They have no protection of a union — no other protection. Many of them don’t even know what their rights are and how to get those rights protected. But at the same time, the vast majority of the employers who abide by the law pay their workers according to the law and respect their health and safety.

We want to protect them as well. [3:15 p.m.] We want to be on their side so that those unscrupulous few — those who do not respect their workers’ rights, those who do not pay according to the law — don’t have unfair economic advantage over the good employers. That is the whole point here. We have gone for far too long without making these changes. Workplaces have changed since the last review took place in 1992. We didn’t even have Google at that time. This is how far we have come. Workplaces have changed. The needs of the workers and employers also have changed.

We have the Monday, May 13, 2019 British Columbia Debates 9213

gig economy. We have workplaces that are very precarious. We need to look at those areas so that our laws are reflect- ing and reacting to the changing world of workplaces. That’s what these changes are all about. I’m so proud to be part of a government…. I’m so proud to be part of my colleagues who, I know, have been lobbying for the last at least 16 years and have been listening and bringing those issues to my attention and to our government’s atten- tion so that we could make changes for the better for those people who have been waiting for so long.

Many employers have been waiting for so long, because many of those few bad employers were taking so much advantage of their honesty. We want to stop that and be on the side of good employers, be on the side of the work- ers, because as I said, the workers are the lifeblood of our economy. These changes go a long way in addressing those areas. I am so proud to present Bill 8. I know that there are other members who have much, much, much interest in this. I will wait, listen and, hopefully, get full support from all members of this House. J.

Martin:Thanks to the minister for giving an overview of the Employment Standards Amendment Act, which I’m happy to rise and speak to this afternoon, this being Bill 8. There’s a lot to support in the changes being brought for- ward in the bill. However, there are parts that do lack the detail and solid

definitions that one would expect from something that is potentially going to become the law of the land. In reality, this means leaving details out, cooking them up in the bowels of government and then imposing them without proper debate at a future point in time. This is where things are a little bit disappointing, and I will review this later in my remarks and, certainly, during third reading. But I’ll begin by speaking to some of the changes that we do support as the official opposition. We certainly welcome the new protection for workers facing difficult personal circumstances.

Up to ten non-con- secutive days of unpaid leave will assist workers fleeing domestic violence or seeking medical treatment with their situations. And the possibility of up to 15 weeks of consec- utive unpaid leave will provide the time for those escaping situations to do so without worrying about their job. This bill also introduces a worthwhile change by aligning the unpaid job protection for workers taking care of critically ill family members with EI benefits available to them: 36 weeks for a critically ill child and 16 weeks for an adult.

We also support changes that will ensure that workers are paid properly. The bill before us protects what most con- sumers expect when they’re dining out: the tips go to the person providing the service and not to the employer. We certainly support disallowing employers, other than those who are doing the very same work as those in the tip pool, from getting access to that tip pool, that revenue source. New rules prohibiting employers from withholding tips, from deducting amounts from the top or requiring workers to turn over their gratuities will ensure that customers’ expectations are met.

I can certainly say that when I leave a tip, my expectation is that all or, certainly, at least the bulk of that tip is going to the person providing the service and not to someone who owns the particular company. Also in this bill, workers will get enhanced protection through the doubling of the period during which they can recover owed wages, from six months to a year. I totally sup- port that. These are small steps, and we do back them. [3:20 p.m.] We’re also generally supportive of the bill’s change to how worker complaints are handled by the employment stand- ards branch.

We support a worker’s ability to directly bring a complaint to the employment standards branch, but we do have some concerns about how some of the changes will actually be implemented. It’s a bold commitment to require the director of the employment standards branch to investigate all complaints accepted for resolution, but this begs the question, to be explored more fully in committee stage, of if the resources are in place to actually make this happen. We know that investigations can be pricey, and they can be time-consum- ing. They require an awful lot of work, and they need the resources in place.

If these resources are lacking, the outcome is generally going to result in delays to a dragged-out process that just breeds frustration and resentment. I do look forward to the minister detailing how this will be prevented when we get to the committee stage. Bill 8 also provides flexibility for the employment stand- ards branch to waive or raise penalties. This, too, while cer- tainly an acceptable idea, comes with challenges that need to be addressed.

There’s nothing in the bill that indicates, for instance, how this policy will be applied in a way that avoids unfair or haphazard applications of increases or the waiving of penalties altogether. And there are no clear criteria of how this will be applied — yet another case of details to come at a later date outside of the debate in this House. The most troubling

section of the bill is the one bringing in changes related to young people working. Everyone in this House, obviously, wants young people to be safe, whether they’re at home, at school, at their after-school job or on weekends at their part-time job. But the problem is that these changes here stem from an all-too-typical, Victoria-knows-best approach taken by the government, partnered with an absence of details on how the new rules will be implemented.

The bill offers some confusion, rather than the clarity needed to ensure that we’re protecting young workers while, at the same time, not discouraging them or preventing them from having the ability to access the life-changing opportun- ity of an after-school job or a weekend, part-time job. These opportunities come in many different forms. It could be as simple as helping out and getting paid on the family farm. It could be working the cash register at the fam- ily corner store. It could also be the pure entrepreneurial 9214 British Columbia Debates Monday, May 13, 2019

spirit of a young person mowing lawns for neighbours or maybe shovelling snow in the wintertime. The legislation leaves doubt. It’s very vague about just what is, and what is not, possible for families and for young workers. For instance, the bill allows light work for 14- and 15-year-olds. Bureaucrats will determine what’s considered light versus heavy work when they get around to it. Does this simply mean that young people will be able to babysit and maybe stock shelves? What about mowing lawns? What about some landscaping responsibilities?

Is working in a restaurant at the cash register or busing tables acceptable? And at what age is it acceptable? I know that often I’ll go into a small restaurant and a child maybe as young as 12 years old will be the one that will come and bring some tea, drop the menu off and run errands throughout my time there as a visitor. None of this is clearly defined. We have to seek clarifica- tion from the minister when we do get to committee. For those 16 to 18, there’s a restriction from doing haz- ardous work, which everybody supports.

But we don’t have a reference or a description or a definition to determine what that actually constitutes. So it’s another case of putting legis- lation before the House without the pertinent details. As legislators who have been put here by our constituents, we’re the ones that should be front and centre during this debate. It should not be left up to bureaucrats down the road to sup- ply the actual

definitions of what’s constituted here. Also lacking in this legislation: we don’t have specifics around impacts in the agricultural sector, which is one of the areas where so many young people — in my riding and the ridings of many other members in this House — get their first opportunity to go to work on a part-time basis or a summertime job. It’s one of the largest employers of young people. It supplies opportunities for young people to work in the summer, work in the season and gain some financial rewards. [3:25 p.m.] I’ d like to tell the story of when I was 13.

I picked berries in Richmond virtually every day for the summer so I could buy my first ten-speed bike. If I was 13 years old today, and this legislation becomes law, would I be allowed to do that? That is a question that we’re not able to answer yet because we don’t have the

definitions. There are so many young people in my riding and other parts of the Fraser Valley working on the family farm. They’re asking me and my colleagues: “Can you please provide some clarity about this legislation and what it actu- ally means?” When the minister launched this bill, he told the media that the changes that he was presenting would not prevent kids from getting their chores done as long as they’re not get- ting paid for them. This is a little bit awkward because when a young person can run the family tractor after school and they’re not getting paid, it’s okay.

But if they were to run the same tractor in the same field for pay, now all of a sudden, it’s prohibited. We certainly need a little bit of clarity and maybe a rethink on that one. Farming families — really, not just in the agriculture sector and not just farming families but any family with a business — typically have countless advantages to having their children help out after school, paid or otherwise. This benefits the family, and it certainly benefits the young per- son, who gets the on-the-job training learning about a work ethic. They’re developing skill sets that they might not otherwise get.

They’re certainly getting a sense of pride and accom- plishment. They might learn how a business works. They’re dealing with some of the practical applications of what they’re learning in school, building some strength

Document details

Collection	British Columbia — Debates (Hansard)
Citation	20190513pm-Hansard-n255
Type	hansard
Volume / chapter	20190513pm Hansard n255
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	cfe64f8fc0169fbda7802244c1240487e6df683d

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