British Columbia Hansard — Monday, March 25, 2019 p.m. — Number 220 (HTML) (41st Parliament, 4th Session) (20190325pm-Hansard-n220)
20190325pm-Hansard-n220
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, March 25, 2019
Afternoon Sitting
Issue No. 220
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Tributes
Tex Enemark
S. Chandra Herbert
Introductions by Members
Tributes
Patrick Lane
A. Olsen
Introduction and First Reading of Bills
Bill 16 — Protected Areas of British Columbia Amendment Act, 2019
Hon. G. Heyman
Bill 10 — Income Tax Amendment Act, 2019
Hon. C. James
Statements (Standing Order 25B)
Elimination of racial discrimination and violence
R. Singh
Oceanside Grandmothers to Grandmothers
M. Stilwell
Down syndrome awareness
M. Elmore
Elaho River salmon habitat restoration project
J. Sturdy
Nowruz celebrations
B. Ma
Thomas Kwok Hung Wong and Chinese-Canadian veterans
J. Yap
Oral Questions
Agricultural land reserve changes and role of farmers
A. Wilkinson
Hon. L. Popham
I. Paton
Protection of wetlands on agricultural land reserve
A. Olsen
Hon. L. Popham
Agricultural land reserve changes and farm families in Surrey
J. Johal
Hon. L. Popham
S. Cadieux
Agricultural land reserve changes and role of farmers
M. de Jong
Hon. L. Popham
Point of Privilege (Reservation of Right)
Hon. J. Sims
Tabling Documents
Office of the Auditor General, Detection and Response to Cybersecurity
Threats on B.C. Hydro’s Industrial Control Systems ,
independent audit report, March 2019
Office of the Auditor General, The B.C. Oil and Gas Commission’s Management
of Non-Operating Oil and Gas Sites , independent audit
report, March 2019
Orders of the Day
Second Reading of Bills
Bill 14 — Heritage Conservation Amendment Act, 2019
Hon. D. Donaldson
J. Rustad
Hon. K. Conroy
S. Thomson
Hon. G. Heyman
A. Olsen
D. Barnett
G. Kyllo
L. Throness
D. Clovechok
E. Ross
Hon. D. Donaldson
Bill 7 — Business Practices and Consumer Protection Amendment Act, 2019
Hon. M. Farnworth
M. Morris
P. Milobar
Royal Assent to Bills
Bill 2 — Protection of Public Participation Act
Bill 3 — Municipal Affairs and Housing Statutes Amendment Act, 2019
Bill 9 — Attorney General Statutes Amendment Act, 2019
Bill 6 — Supply Act, 2018-2019 (Supplementary Estimates)
Bill 12 — Supply Act (No. 1), 2019
Second Reading of Bills
Bill 7 — Business Practices and Consumer Protection Amendment Act, 2019 (continued)
Hon. M. Farnworth
Bill 11 — Civil Forfeiture Amendment Act, 2019
Hon. M. Farnworth
M. Morris
A. Weaver
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Advanced Education, Skills and Training (continued)
Hon. M. Mark
J. Thornthwaite
D. Davies
D. Barnett
M. Lee
J. Rustad
N. Letnick
S. Gibson
S. Cadieux
MONDAY, MARCH 25, 2019
The House met at 1:35 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
M. Elmore: I’m very pleased to welcome some friends here, joining us in the
Legislature today. We’ve got Theo Matson, who’s five years old. We’ve got
Katie Matson, who’s eight years old. Katie is very interested in politics
and how the government works for girls and women. Believe it or not, she has
voted for the first time. She cast her vote in the municipal election in her
school. She filled out the ballot by herself and helped her brother fill out
the ballot — a great start for her. She’s joined by mom and dad, Manyi Lee
and also Keith Matson.
Keith was asked, on the way over, his occupation. He said he’s a
cabinetmaker. They’re wondering if he worked for the government. It’s the
other kind of cabinets, but maybe sometime in the future.
I ask everybody here to please give them a very warm
welcome.
S. Sullivan: We have some special guests: Shawn Shipper, who is with the Vancouver
police department, with Mayu and also with Saya, who is a very fine artist,
a world traveller and politician, perhaps, depending on what she sees here
today. Please make them welcome.
Hon. B. Ralston: The B.C. Tech Association has many of its members here today. They
hosted an event to tell us about the services they provide to help create
and grow B.C. technology companies and to benefit B.C.’s economy and our
citizens.
The B.C. Tech board members here are Cameron Burke, who’s the managing
director of PwC, and Jeff Booth, who is on many boards. Here he is described
as the president of Five Booths Consulting. The B.C. Tech staff team — Jill
Tipping, president and CEO; Chris Malmo-Laycock; Elaine Rosario; Anastasia
Hambali; and Lar Quigley.
We also had the opportunity at the event to talk with a number of B.C.
tech companies, including Rob Attwell, who’s the COO of Careteam; Christine
Gossland of Llamazoo; and Terry Tarle, senior director of MDA.
Would the House please make all of these guests very
welcome.
Hon. R. Fleming: I know that the province celebrated Family Day last month, but I’m
pleased to say that I’m having my own mini-version of it here in the
Legislature today. We’re joined in the House by my dear sister Margo
Fleming, my brother-in-law Andrew Vanderhelm, my nephew John Fowler and my
two kids, Rory and Jack Fleming. For the record, school district 61 is on
spring break, so there’s no truancy being committed here. I would ask the
House to make all of these guests most welcome here this
afternoon.
I. Paton: I would like to welcome today four members of the B.C. Farmland Owners
Association, a great group represented today in the House by Mr. Ben Dhiman,
treasurer; Gurdial Badh, chair; Jinder Berar, secretary; and Humraj Kallu,
vice-chair. I’d like to welcome them to the Legislature today and say thank
you for a wonderful rally they put on in November and another great rally
yesterday in Surrey.
M. Stilwell: Today it’s my pleasure to introduce Lisbie Rae, coordinator with the
Victoria Grandmothers for Africa, and the coordinator, Dale Ralston.
Victoria Grandmothers for Africa helps raise awareness and funds to support
community organizations in Africa where grandmothers are caring for their
grandchildren orphaned by AIDS. The group has raised more than $1.1 million
since 2006 with events like crafts sales, national walks and their annual
three-day cycle from Campbell River to Victoria. Would the House please make
them feel very welcome.
Hon. K. Conroy: It gives me a great deal of pleasure to introduce a former member of
this House. Joining us today in the gallery is Terry Segarty. He was the MLA
for Kootenay from May 1979 to October 1986. He is joined here today with his
wife, Hillary, and three of his grandchildren — Silas, Gavin and Christine.
Would the House please make them very welcome.
[1:40 p.m.]
S. Furstenau: In the gallery today is Anita Mark, who has been a volunteer with
Results Canada for 25 years. Results is a non-profit grassroots organization
committed to ending the worst aspects of global poverty. Anita never fails
to inspire with her efforts to raise awareness about the causes of poverty
and present the best solutions for combating it.
Tuberculosis, or TB, is not only a cause of poverty; it’s one of the
top ten causes of death in the world. Yesterday was World Tuberculosis Day,
and thanks to the efforts of Anita and the RESULTS Canada volunteers,
Victoria joined cities all over the world and put the spotlight on TB by
lighting up landmarks in red, including the ceremonial entrance and the
fountain in front of the Legislature.
Would the House please make Anita most welcome.
Mr. Speaker: Minister of Children and Family Development.
Hon. K. Conroy: Thank you, Mr. Speaker. You almost got me in trouble. I told my
husband he should watch today because it’s actually our anniversary. I think
it’s probably the 15th one that I’ve missed with him.
I just want to say happy anniversary, hon.
L. Throness: It’s always great to have family here. I have my beloved brother
Trevor Throness here; his wife, Jennifer; my niece Ella; my nephews Will and
Sam; and Sam’s special friend from Germany, Nora Faist. Would the House
please welcome them.
Tributes
TEX ENEMARK
S. Chandra Herbert: I just want to rise to note the passing of somebody who’s worked
with members of all sides of the House, Tex Enemark. Tex was a fellow
who worked hard in the mining industry. He was the head of the Mining
Association. He was the head of the Landlords Association, where I
worked with him quite a bit on residential tenancy legislation. He was a
scuba diver, sunk a bunch of ships for people to scuba dive
in.
He worked with people of all political stripes, from the Socreds
to the Liberals to the New Democrats. He taught me a lot about fairness
and about working with people with different political points of
view.
I just want to say thank you to his family. He was a character
that will surely be missed by anybody who got the pleasure of working
with him.
Introductions by Members
G. Kyllo: Joining us in the House today, I’ve actually got four guests to
introduce. The most important is one of my younger constituents. Her name is
Miss Kylie Plock. She comes from Canoe, British Columbia. She is also my
oldest of eight granddaughters. Would the House please make Kylie feel very
welcome.
Joining Kylie today is my lovely wife, Georgina, of 31 years. She is
also joined by my sister-in-law Lisa and my niece Thea, also from Canoe.
Would the House please make them feel very welcome.
Hon. J. Horgan: Joining us in Victoria today are a collection of young people from the
constituency of the member for Powell River–Sunshine Coast. Collectively
they’re called the Powell River Paper Kings, and they will be playing a
seventh game tonight at the radio out in Colwood against the Victoria
Grizzlies, who will be triumphant, as we all know. But I want the House and
all of those in the precinct to please make the Powell River Paper Kings
very, very welcome.
Mr. Speaker: The member for Powell River–Sunshine Coast on a reply.
N. Simons: Well, Mr. Speaker, I’m not sure where to begin. I know we don’t have a
special time set aside for rebuttals on introductions, but I would like to
also welcome the Kings. As well as welcoming the Kings, I know they’ll do
very well tonight. I’ve got my pin on, and the Premier doesn’t.
I’d also like to welcome my constituency assistant from the lower
Sunshine Coast, who’s here to observe question period. I would like to thank
all constituency assistants from all three sides of the House for the work
they do and thank Michelle Morton, who is here with us.
D. Ashton: It gives me great pleasure to introduce the chair of the regional
district here today, Karla Kozakevich. She is down with a good friend of
hers, Carolyn King, and even better friend of hers, Kelly Watmough from
Alberta, who’s visiting us for a short time.
So please, welcome to Victoria. Enjoy your stay here. Learn
lots.
There is one missing, Kal Kozakevich, Karla’s son. He’s a young
teenager that has always wanted to be the Prime Minister of Canada, but he
found out he doesn’t earn enough — the Prime Minister — so he’s not going to
be that way anymore.
Please make our wonderful guests from the Okanagan and Alberta
welcome.
J. Johal: Joining us in the House today is Tyler Pronyk, a longtime Richmond
resident and dedicated dad, and with him is his seven-year-old daughter,
Madelyn. Along with those two is Katarina Mackey, who is 12 years old, and
Gregory Mackey, who is 11 years old. I ask the House to please make them
feel welcome.
[1:45 p.m.]
B. Ma: The B.C. Legislature has just hosted its second annual Nowruz
celebrations. We’re very grateful to its many contributors for helping make
it successful, including Bees Knees Café; Anar Foods; Daryâ Persian Music
Ensemble; Pari Azarm Motamedi, a poet and artist; Vancouver Pars Ballet;
members of the Victoria Iranian-Persian Cultural Society — Amir Bajehkian,
Mariam Hazhir and Daniel; and Taufiq Ahmadi, an Afghan community activist as
well. Would the House please join me in thanking them all for helping make
our Nowruz celebrations this afternoon very successful.
Tributes
PATRICK LANE
A. Olsen: I rise today to acknowledge the passing and the life of a friend
and constituent, Patrick Lane. Patrick Lane is a well-known Canadian
author and poet, just a phenomenal man, one that I had the pleasure of
getting to know over the last few years and one that was willing to
share some of his time with me to go on walks on the beach or in the
forest and to share his wise words. In fact, he had many, many wise
words.
Today I would just like to take a few moments to acknowledge his
passing, over the past couple of weeks. He’s vested in the Order of
Canada, an award-winning author.
To his family and to his partner, Lorna, our hearts are with them
and much love to you.
HÍSW̱ḴE .
Introduction and
First Reading of Bills
BILL 16 — PROTECTED AREAS OF
BRITISH COLUMBIA AMENDMENT
ACT, 2019
Hon. G. Heyman presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Protected Areas of British Columbia
Amendment Act, 2019.
Hon. G. Heyman: I move that the bill be introduced and read a first time
now.
This bill contains amendments to the Protected Areas of British
Columbia Act. The bill contains amendments that will allow our
government to move forward with ongoing reconciliation efforts with
Indigenous peoples. One class A park will be renamed to include an
Indigenous name to reflect the cultural importance of this area to First
Nations as well as its history.
The bill also continues what we do on an annual basis — namely,
adding lands to existing protected areas, improving protected area
boundary descriptions and correcting administrative errors. Amendments
to the Protected Areas of British Columbia Act will add lands totalling
107 hectares to six existing class A parks, improve boundary
descriptions for three parks and two ecological reserves, and correct
some administrative errors.
On an administrative note, I want to point out to all members that
the Office of the Clerk will be provided with copies of the official
plans, the mapped boundaries, for their review that depict the
boundaries of most of the protected areas in this bill. In addition, the
official plans will be posted on the B.C. Parks website.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
Hon. G. Heyman: I move that this bill be placed on the orders of the day for
second reading at the next sitting of the House after today.
Bill 16, Protected Areas of British Columbia Amendment Act, 2019,
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.
BILL 10 — INCOME TAX
AMENDMENT ACT,
Hon. C. James presented a message from Her Honour the
Lieutenant-Governor: a bill intituled Income Tax Amendment Act,
Hon. C. James: I move that the bill be introduced and read a first time
now.
I’m very pleased to introduce the Income Tax Amendment Act, 2019.
This bill brings together the final fiscal elements needed to support a
historic made-in-B.C. LNG investment.
[1:50 p.m.]
This is an investment that will deliver long-term benefits and
jobs for British Columbians; generate a positive return for our
province; support real partnerships with First Nations; and protect our
air, land and water while operating within strong environmental
protections through CleanBC.
This bill repeals the Liquefied Natural Gas Income Tax Act and the
Liquefied Natural Gas Project Agreements Act. This bill also amends the
Income Tax Act to implement a natural gas tax credit. This natural gas
tax credit provides a non-refundable tax credit to qualifying
corporations that own natural gas as it enters the inlet meter of an LNG
facility in British Columbia. The credit is limited to a maximum amount
that can be claimed each taxation year and can be used to reduce the
effective British Columbia corporate income tax rate from 12 percent to
9 percent if the company pays corporate tax in British
Columbia.
This legislation is the final piece of the four conditions
required for an LNG investment and the last piece of the policy
framework that was outlined by the Premier last year.
Mr. Speaker: The question is first reading of the bill.
[1:55 p.m.]
Motion approved on the following division:
YEAS — 80
Chouhan
Kahlon
Begg
Brar
Heyman
Donaldson
Mungall
Bains
Beare
Chen
Popham
Trevena
Sims
Chow
Kang
Simons
D’Eith
Routley
Elmore
Dean
Routledge
Singh
Leonard
Darcy
Simpson
Robinson
Farnworth
Horgan
James
Eby
Dix
Ralston
Mark
Fleming
Conroy
Fraser
Chandra Herbert
Rice
Malcolmson
Glumac
Cadieux
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Isaacs
Letnick
Thomson
Larson
NAYS — 3
Furstenau
Weaver
Olsen
Hon. C. James: 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.
Motion approved on division.
Bill 10, Income Tax Amendment Act, 2019, 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)
ELIMINATION OF RACIAL
DISCRIMINATION AND
VIOLENCE
R. Singh: Last week we all celebrated the International Day for the
Elimination of Racial Discrimination on March 21. The shocking killings
of 69 people who were protesting against a segregational pass system
that was being imposed in South Africa in 1960 had changed the course of
world history. Since then, we continue to remind ourselves about the
challenges of self-proclaimed racial superiority that refuse to
die.
Racism continues to exist in different forms and, over the years,
has manifested itself through various shades. Nearly a week before, on
March 21, 50 people were murdered by a white supremacist in an attack on
two mosques in Christchurch, New Zealand. This horrific incident of
terrorism once again brought to the surface the reality of growing
alt-white populism all over the world.
No part of the globe is immune to this menace. In 2017, we
witnessed the murders of six worshipers in an attack on a Quebec City
mosque. In 1998, a Sikh temple keeper in my own community of Surrey was
murdered by the neo-Nazis. Across the border, in the U.S., a number of
places of worship belonging to African-Americans, Jews, Muslims and
Sikhs have been targeted, and we should not delude ourselves of being
impervious to growing Islamophobia here at home either.
A recent Stats Canada report has noted a 253 percent increase in
Islamophobic incidents here. And there still are certain elements who
continue to encourage these false fears with their xenophobic rhetoric
about Islam and other visible minorities.
Today it is time to be more vigilant to the safety and security of
the people of colour in our communities. We must not take things for
granted, and we must try to address the socioeconomic reasons behind the
growth of bigotry and take firm steps to stop our younger generations
from falling into the trap and to amplify the stories of people who are
trying to make things better through antiracism, awareness and
education.
OCEANSIDE GRANDMOTHERS
GRANDMOTHERS
M. Stilwell: In 2016, the Stephen Lewis Foundation’s Grandmothers to
Grandmothers campaign took off, and Oceanside grandmothers were on board
from the start. The campaign is all about raising funds and awareness
while standing in solidarity with African grandmothers who’ve lost their
own children to AIDS and now care for their orphaned
grandchildren.
Kathy Grand and Carol Lundine, founders of Oceanside Grandmothers
to Grandmothers, heard about the campaign when they went to see Stephen
Lewis speak in Nanaimo, and then they knew they wanted to help. Their
first grandmothers meeting attracted 39 women. Today, almost 13 years
later, more than 140 women are involved, and the Oceanside group has
raised more than $504,000 in many ways, including their annual Christmas
extravaganza. It’s amazing.
[2:00 p.m.]
These women and all of those involved in the grandmother campaign
are inspiring. They’re making a difference in the lives of grandmothers
and children affected by AIDS by giving their time and what they have to
raise money and awareness in any way that they can think of. They’re
creating tote bags and potholders, making jams and holding bottle
drives, lunches and garden parties. Some people may have also seen the
grannies ride through the Island towns during one of the annual
three-day cycle tours from Campbell River to Victoria. Nationwide
grandmothers have raised more than $33 million, and they are not done
yet.
Thank you to the team in Oceanside and all the grandmothers in
British Columbia and around Canada for your compassion and your
commitment to the Grandmothers to Grandmothers Campaign. It’s people
like you that are making a big world feel more like a global community.
Keep up the great work.
DOWN SYNDROME AWARENESS
M. Elmore: I rise today to acknowledge World Down Syndrome Day. The date of
the global annual awareness day is significant. It is officially held on
the 21st day of the third month, which is a nod to the uniqueness of the
triplication of the 21st chromosome, which leads to Down syndrome. This
year’s theme is “Leave no one behind,” to highlight how all people with
Down syndrome must have opportunities to live fulfilling lives, included
on a full and equal basis with others in all aspects of
society.
There are an estimated 45,000 Canadians with Down syndrome —
individuals with tremendous potential to live full lives as contributing
members of the community. The reality today is that prevailing negative
attitudes, low expectations, discrimination and exclusion ensure that
people with Down syndrome are left behind. There is a lack of
understanding of the challenges individuals face across their lifetimes
and a failure to support them with the opportunities and tools needed to
live fulfilling lives.
People with Down syndrome and those who support and work with them
must be empowered to advocate for these opportunities. This year I’m
happy to report that people with Down syndrome advocated at the United
Nations in Geneva about their rights, providing self-advocates with Down
syndrome the opportunity to speak up about what employment means to
them.
The province of British Columbia supports the well-being of all
individuals with Down syndrome and their ability to function as fully
accepted members of society. I would like to invite all members to join
me and all British Columbians to recognize March 21 as World Down
Syndrome Day. I encourage all of us to be our best selves, to rise up as
advocates for people with Down syndrome and to ensure that no one is
left behind.
ELAHO RIVER SALMON
HABITAT RESTORATION
PROJECT
J. Sturdy: I’m pleased to rise today to update the House on the collaborative
work done recently to restore salmon habitat on the Elaho River in the
upper Squamish. This river is 65 kilometres in length and has a
watershed drainage area of 1,250 square kilometres.
It is assumed that due to road construction in the 1960s or the
’70s, an enormous rock the size of a three-storey building was dropped
into the canyon and formed a barrier which all but completely blocked
access to salmonids heading upstream on the Elaho. The force of the
water passing around this rock made it virtually impossible for the fish
to overcome it.
Through the combined efforts of the Squamish Nation, Fisheries and
Oceans Canada and the Ministry of Forests, Lands and Natural Resource
Operations, a phased plan was implemented to blast down the rocks over
the course of several years and re-establish fish passages. Funding for
the project was secured by the Squamish Nation and the Squamish River
Watershed Society from the fish habitat restoration initiatives and the
Pacific Salmon Foundation.
Extensive hydraulic modelling and water quality and fish sampling
took place in stage 1, followed by a series of carefully planned and
orchestrated blasts. The flow of the river was a key factor in
dispersing the blast fragments for the creation of a weir and to allow
for a moderated water force over and around the rocks. Blasting was
completed last year. There’s a planned release of juvenile chinook from
the Tenderfoot Hatchery this spring, but more importantly, currently
returning chinook and coho will now have a vastly expanded spawning
habitat. This is tremendously exciting at a time when we understand the
pressures that these salmon are under.
Combined with the ongoing work of enhancing water flows to the
Squamish River estuary, it is hoped these collaborative projects
significantly improve reproductive survival rates of these important
fish. I look forward to reporting back to the House as return and
spawning results become available.
[2:05 p.m.]
NOWRUZ CELEBRATIONS
B. Ma: Salam , Mr. Speaker.
عید شما مبارک
[Happy new
year.]
The season of Nowruz is upon us, celebrating the vernal equinox
that marks the first day of spring and the start of Persian New Year.
Here in the B.C. Legislature, we welcomed hundreds of community members
to our very own second annual Nowruz celebration.
When the sun crosses the celestial equator, the length of night
and day are exactly equal. This moment is calculated every year, and
families gather together to observe their respective Nowruz rituals.
Here on the west coast, the vernal equinox actually took place last
week, on Wednesday, March 20, at 3 p.m., and will be celebrated for 13
days henceforth.
Nowruz has Iranian and Zoroastrian roots, but it has been
celebrated by many communities from all religious backgrounds. Western
and central Asia, the Caucasus, the Black Sea basin and the Balkans are
among the countries and regions where people have celebrated Nowruz for
over 3,000 years.
North Vancouver became alive during Nowruz over the last two
weeks, with bazaars, galas, dance parties, fire-jumping festivals and
more, as our diverse communities reached out to share in each other’s
cultures. How very Canadian of them. Beautiful haft sin tables
were laid out everywhere, showcasing seven precious items, each a symbol
for something essential — health, wisdom, the environment, wealth,
power, bravery, fertility, patience, tolerance, contentment.
Community members from Iran, Afghanistan, Tajikistan, Pakistan,
India, parts of China, Azerbaijan, Syria and more all contributed to the
vibrancy of the celebrations, including those celebrations we had right
here at the Legislature.
هر روزتان نوروز، نوروزتان
پیروز
May every day be a new day for you, and may every new day be
prosperous.
[Persian text and translation provided by B.
Ma.]
THOMAS KWOK HUNG WONG
AND CHINESE-CANADIAN
VETERANS
J. Yap: I rise to honour the life of a hero, Thomas Kwok Hung Wong, the
first ethnic Chinese person accepted into the Royal Canadian Air Force,
who proudly served Canada during the Second World War despite the racial
discrimination and injustice of the times.
Thomas passed away March 10 at the age of 101 at Richmond
Hospital. The Victoria native and plane-loving Thomas was 21 when Canada
declared war on Nazi Germany in 1939. With his mind set on flying,
Thomas sailed from Victoria to Vancouver to enlist with the air force
but was turned away because of his Chinese ethnicity.
Things changed two years later when the empire of Japan attacked
Pearl Harbor. Thomas received a letter requesting his presence from the
same recruiting office and became the first Chinese to be accepted into
the air force, then graduated first class in his training and rose to
the rank of an aircraft inspector, a highly regarded
position.
Thomas was always modest about his legacy, but his contribution
went far beyond serving Canada during wartime. The service of Chinese
Canadians during World War II opened up opportunities such as full
citizenship, voting rights and admission into the professions for all
Chinese Canadians.
Thomas helped to promote the Chinese Canadian Military Museum
Society to preserve not only the artifacts but also the stories of the
veterans. I have fond memories of Thomas’s presence in numerous museum
exhibits, forums, celebrations and other events. Even as his mobility
became more limited, Thomas would be there with his fellow
veterans.
With his passing, there are now only a handful of surviving
Chinese-Canadian World War II veterans. I ask that this House join me in
expressing our gratitude to Thomas Wong and to recognize the importance
of his service to our province and to Canada. May we also continue to
honour his surviving wartime comrades who served so that future
generations might live in a free, just and democratic
society.
Mr. Speaker: Members, before we begin question period, if I might give you a
friendly reminder that cell phones and other electronic equipment are
not permitted to be used during the question period time.
[2:10 p.m.]
Oral Questions
AGRICULTURAL LAND RESERVE CHANGES
AND ROLE OF
FARMERS
A. Wilkinson: Now, farmers in our society are often described
as producers, and for good reason. They know how to produce
food.
We have a group of farmers with us here in the gallery today, and
they are completely fed up and angry. They need to be able to manage
their lands to produce food. They’ve found that under this Agriculture
Minister, their property rights are being seriously trampled on. These
farmers have come from the Fraser Valley because they are angry about
the treatment they’re receiving from this Minister of
Agriculture.
Will the Minister of Agriculture please rise in this House and
explain why she’s trampling on the rights of farmers and why she refuses
to meet with them?
Hon. L. Popham: It is absolutely a pleasure to stand up and talk about our support
for farming in British Columbia. I think that is most evident with
having the largest agriculture budget that this province has ever seen
from the ministry.
The policies that we’re putting into place to support farming are
unprecedented. We’re supporting fruit tree growers. We’re supporting the
seafood industry. Everywhere across B.C., you’ll see our policies at
work supporting the hard work of farmers.
You can’t really farm if you don’t have an agricultural land
reserve to do it on. So we’re making sure that we’re revitalizing that
reserve. We’re making it stronger than ever. In doing so, we’re making
it more viable for farmers to make a living. It’s very important that
farmers have this land base to work on, and I’m proud of the work that
we’re doing.
Mr. Speaker: The Leader of the Official Opposition on a
supplemental.
A. Wilkinson: It’s a good thing these farmers came over from the valley to hear
this in person because it’s hard to believe what the minister is telling
them.
They have been singled out for discrimination. They have been told
that they no longer have the status of “person” to make an application
to change the use of their land. This is a form of discrimination that
is intolerable to these farmers.
Four of them have come over. One of them is Ben Dhiman. Here’s
what Ben said yesterday when hundreds of them gathered in Surrey to
protest this minister’s arrogance. “There’s been a constant attack on
our way of life…”
Interjections.
Mr. Speaker: Members.
A. Wilkinson: “…and, most importantly, our rights as property
owners.”
What will this minister do to address the legitimate concerns of
these Fraser Valley farmers? They are being discriminated against on the
basis that they are told, after all these years, all this commitment to
till the land, all the effort they go through to grow crops, all the
effort they put into feeding the people of British Columbia…. This
minister has the gall to turn around and tell them: “You no longer have
the status of ‘persons.’ Get out of my office.”
Hon. L. Popham: It’s very disappointing to hear the Leader of the Opposition
mislead the public of British Columbia.
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: Over the last two weeks, I have watched the official opposition
fearmonger within their constituencies. I can tell you that it’s
extremely disappointing.
Interjections.
Mr. Speaker: Members. The Minister of Agriculture has the floor.
Hon. L. Popham: The definition of “persons” has not changed by Bill 15. Nothing
has changed.
Interjections.
Hon. L. Popham: Of course farmers are people. The work I do every day proves how
important these people are in British Columbia.
I understand why the official opposition is so upset. For 16
years, they considered the agricultural land reserve a bank for
development. Well, we consider it a reserve for agriculture and food
production. I’m sorry if that upsets you.
Mr. Speaker: The Leader of the Official Opposition on a second
supplemental.
[2:15 p.m.]
A. Wilkinson: Well, the Minister of Agriculture doesn’t need to be worried about
upsetting me. She does on a regular basis. It’s the thousands of farmers
in the valley. This issue will not go away by casting abuse at
me.
The fundamental rights of these farmers are being affected. These
are property rights, land rights. These people bought the farmland on
the basis that they’d be able to apply for the uses they need to make a
living as farmers. This minister has the gall to sit here today and blow
off their concerns.
Why did hundreds of them gather yesterday and say they are
completely fed up with the arrogant approach of this minister telling
these people their attachment to the land doesn’t matter to her, “Go
away”? When will this minister figure out that hundreds of farmers are
angry with her in the valley, thousands of them are angry with her
around the province? She still refuses to meet with them to discuss
it.
Hon. L. Popham: It’s disappointing, again, the story that the Leader of the
Opposition is trying to spin over there. The Leader of the Opposition
mentioned a group that’s here visiting us today. I can tell this member
that I met with them in person in November. I’ve had conference calls
with this group. I also took time out of my
schedule and reserved a spot
at 12:15 today to meet with this group again, but they cancelled out. I
have been trying to meet with them.
I understand that they have concerns. I can also tell this House
that we believe in the agricultural land reserve. We believe that it is
an economic driver in this province. Not only are we offering
opportunities for farmers to make a living on this land by putting
policies in and putting supports in place that support the work they do;
we are making sure that the agricultural land reserve is there for
future generations.
It’s been in place for 45 years. A government that had the
foresight to see how important this would be…. We are the envy of other
jurisdictions. On our watch, we will make it stronger.
Interjections.
Mr. Speaker: Members.
I. Paton: Well, I’m happy to speak on behalf of my caucus as somebody that
actually has been a commercial farmer. Three generations of farming in
my family, and my father, by the same name, was chairman of the
Agricultural Land Commission at one time in this province.
The minister has defended her attack on farming by claiming: “The
volume of applications to review has become burdensome.” There are
legitimate reasons for these applications, and only a fraction relate to
development. In all, there were only 39 applications provincewide last
year. It is actually the minister’s own fearmongering suggesting that
the ALR is being used as a land bank for development. This is complete
nonsense.
To the minister, how are 39 applications being burdensome to the
Agricultural Land Commission?
Hon. L. Popham: Unfortunately, the member has got the facts wrong yet again. Last
year there were around 600 applications with the Agricultural Land
Commission. If we’re talking simply about exclusion applications, there
were around 40 for the entire province. That is true.
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: Why are we looking at exclusion? Why are we changing the process
for exclusion applications? When you remove land from the agricultural
land reserve, it can create holes in this reserve. The continuity of the
landscape changes, and it’s detrimental to agriculture. As a farmer, the
member should know that.
I travel all across the province. The one thing that’s constant in
every area that I go — people are thankful for the agricultural land
reserve. They want it to be protected. Up in the Cariboo area, I have
ranchers telling me that every time a piece of property is developed, it
changes the way they have to farm.
[2:20 p.m.]
This legislation supports farming. We support farming. I think the
opposition should get on board.
Mr. Speaker: The member for Delta South on a supplemental.
I. Paton: Well, I think we all understand that the land commission gets
applications all the time from local governments for lot line
adjustments, different things like that — non-farm uses. We’re talking
today about exclusions. We’re not talking about usual applications that
come in on a weekly basis from local governments.
The minister’s claims about an overwhelming number of applications
and wealthy speculators are ridiculous. There are over 4.6 million
hectares of land in the ALR, consisting of over 17,000 farms and
thousands of farmers. But only 39 exclusion applications were put
forward last year. This is an attack on farmers, yet the minister can’t
even explain what crisis she is trying to solve.
My question to the minister, again: why is the minister attacking
farmers as speculators?
Interjections.
Mr. Speaker: We’ll just wait for a moment till it’s quiet, Minister.
Okay, Minister of Agriculture, proceed.
Hon. L. Popham: I understand, again, why the opposition is upset. They don’t
believe in the agricultural land reserve. When we took office, we made a
commitment that we would revitalize the agricultural land reserve. We
would make sure we’re protecting the land base, and we would make sure
that farmers could farm on that land base.
So far what we’ve done is we’ve stopped the illegal dumping of
waste on farmland that was happening on this watch. We’ve addressed
speculation and mega-mansions, which that opposition didn’t do. We’ve
created legislation that supports multigenerational farm families. We’ve
unified the ALR, bringing it back to one zone, making sure it has
provincial protection. We’ve also given the ALC the tools they need to
do their job.
PROTECTION OF WETLANDS ON
AGRICULTURAL LAND
RESERVE
A. Olsen: In recognition of World Water Day last week, I stand to ask about
an issue that has long troubled me.
For the most part, the ALR protects arable land from urban sprawl.
But within its laudable and important purpose, it contains a critical
environmental flaw. The ALC Act allows and encourages the draining and
filling of ALR land. While this may provide agricultural benefit, it can
also destroy wetlands that have immense ecological value. They are
critical to our ecological circulatory system, storing and filtering
water and controlling volume and quality in our watersheds. There are no
provisions within the ALC Act that allow these values to be recognized
on agricultural land.
My question is to the Minister of Agriculture. We agree with the
critical importance of protecting and defending food-producing land, but
we must ensure that agricultural activities are not jeopardizing other
important ecological habitats. Has the minister considered implementing
regulations to support the preservation of other ecological values on
ALR land?
Hon. L. Popham: Thank you for the very important question from the
member.
Our government knows that wetlands provide a critical habitat for
fish, birds and other wildlife and, in fact, make up about 5 percent of
our land base in this province. We know how important it is to have
healthy wetlands. Often these wetlands are in an agricultural
setting.
I’ve been very happy to be working with and hearing about programs
where ranchers and farmers are actually embracing the idea of having
natural ecosystems working with their farms and, in fact, making a
healthier farming setting as well.
[2:25 p.m.]
I’d be happy to talk to the member about a specific program called
Farmland Advantage that’s happening up in the Cariboo area. Basically,
it took a wetland that had been farmed for quite some time. There were
not very many wild birds or animals in this wetland area. The farmer
embraced that and has now brought back those critical birds and
animals into that area. He’s also an incredible
rancher.
There are ways that we can work together with agricultural
and natural areas, and I’m really happy to have that conversation with
the member.
Mr. Speaker: The member for Saanich North and the Islands on a
supplemental.
A. Olsen: Thank you to the minister. The governance of the ALR needs to
recognize that the ecological values are valuable to society and should
also be protected. I’m happy to hear the example of the individual
that’s taken this, but I think that it’s important that it’s captured
within the governance of the ALR.
For thousands of years, these wetlands were an essential part of
the local landscape. It’s a place where animals, birds and plants
thrive, as the minister acknowledged. It’s an ancient supermarket of
sorts for my WSÁNEĆ ancestors that harvested foods and materials there
that were important for their quality of life.
But there’s a problem with the incentives. There’s a constant
battle with nature that could easily be solved if the preservation of
specific ecological values was given tax credits like the production of
the small amount that is currently captured within the legislation.
Maintaining wetland habitats should be recognized as an allowed non-farm
use, and draining wetlands should require explicit permission from the
ALC.
My question is to the Minister of Agriculture. Will she consider
looking at the incentive structures provided to farmers in B.C. in
relation to preserving ecological values on ALR land?
Hon. L. Popham: Point taken by the member. It’s an excellent point. I think
there’s been more and more discussion about the value of ecological
goods and services with agricultural land in natural areas.
The Agricultural Land Commission does recognize the importance of
wetlands, and that is why there are functioning wetlands that are
happening on agricultural land reserve farms right now. We also have an
environmental farm plan program through my ministry that works with
farmers who want to work with these wetlands and natural
areas.
Let’s have a chat. Let’s have coffee later, and we can discuss how
we can make that work better.
AGRICULTURAL LAND RESERVE CHANGES
AND FARM FAMILIES IN
SURREY
J. Johal: Multigenerational farm families have been betrayed by the minister
and the NDP. Now, last fall Surrey NDP members looked farmers in the eye
and promised that building plans would be grandfathered. Instead, they
broke their promise and have failed to deliver. The assault on farmers’
rights continues.
A question to the minister. Did Surrey MLAs make any effort to
advocate for their constituents and community?
Hon. L. Popham: I couldn’t be more proud of my colleagues from Surrey who brought
issues to me as we developed this legislation around the changes to the
ALR. I absolutely got feedback from them. You will remember that back in
the fall, when we changed the legislation, we did an amendment,
specifically because our Surrey MLAs were so effective.
We have made the agricultural land reserve stronger. We’ve also
recognized the needs of multigenerational farm families, and we’re proud
of that work.
Mr. Speaker: The member for Richmond-Queensborough on a
supplemental.
J. Johal: The minister just said that the members from Surrey had talked to
her, yet I get calls almost every day in my constituency office where
people are stuck in some permitting hell because this minister has stuck
them there, No. 1. And No. 2, the farmland owners association, for the
past four months, has been trying to get a meeting with this minister.
They have called. No response. They have sent letters. No response. Four
months. A further reminder that the members from Surrey are not taking
care of their farmers and their constituents.
[2:30 p.m.]
There’s a word in Punjabi….
Interjections.
Mr. Speaker: Members.
Member, you might wish to lengthen your question so that you have
enough time to get your message across.
J. Johal: Oh, I plan to. Thank you, Mr. Speaker.
There’s a word in Punjabi called chamcha . It means
sycophant. There’s no better term to describe these Surrey NDP MLAs: a
bunch of chamchas . They’ve done nothing to advocate for those
farmers — nothing. They have done absolutely nothing, these Surrey NDP
MLAs — absolutely nothing.
A question to the minister. Why is the minister going after these
farmers’ rights and land?
showboating.
Interjections.
Mr. Speaker: Members. Members.
Minister of Agriculture.
Hon. L. Popham: Thank you, Mr. Speaker.
As I said in my previous answer, I have had a meeting. I had a
meeting with this group. It was a productive meeting. I’ve had
conference calls with this group. And a meeting was organized for 12:15
today. I reorganized my
schedule because I heard they were coming over,
and they phoned and cancelled it.
I have made every effort to meet with this group as well. I would
be happy to meet with them, but unfortunately, they cancelled the
meeting.
S. Cadieux: The minister believes that the NDP government knows best how to
manage private property, especially the private property of ranchers and
farmers. Multigenerational farm families are being attacked, and the NDP
MLAs from Surrey have definitely failed our community.
Jinder Berar is here today. Can the minister tell him why she’s
attacking him and his hard-working farm family?
Hon. L. Popham: I’m proud of the work that our government has done making sure
that the agricultural land reserve is there for farmers to do their job.
The changes that we made in the fall were changes that will protect the
agricultural land reserve and allow farming to happen.
Under this former government’s watch, what we saw was speculation
and mega-mansions being built, making sure that new and young farmers
would not have a chance to farm…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …on that land. They would not have a chance to farm on that
land.
I understand why the opposition is so frustrated. They believe
that the agricultural land reserve is there for development. We believe
it’s there for agriculture. And that’s it.
Mr. Speaker: The member for Surrey South on a supplemental.
S. Cadieux: Mr. Speaker, what I heard in that episode of the “NDP Government
Knows Best” is that the NDP government thinks longtime multigenerational
farm families in my constituency are speculators. This is
nuts.
This minister has decided that only a government is a person.
Farmers no longer have the right to advocate for themselves and their
land. Multigenerational farm families in Surrey have been betrayed and
are labelled as speculators by this minister and this government. This
is discrimination.
[2:35 p.m.]
To the minister again, can she tell the families of Surrey why she
is attacking Jinder and his family as speculators?
Hon. L. Popham: It begs the question from me: why does the opposition continue to
fearmonger? The opposition is implying that somehow we are not standing
up for farmers when that’s all we’re doing on this side of the House on
the Agriculture file.
Exclusions from the agricultural land reserve permanently damage
the agricultural land reserve. It permanently damages it. What we’re
saying is if you want to take land out of the agricultural land
reserve…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …then it should be part of a community planning process.
That’s fair.
AGRICULTURAL LAND RESERVE CHANGES
AND ROLE OF
FARMERS
M. de Jong: Last year, as we’ve now ascertained, there were 39 applications
for exclusion. Twelve of them were granted. A total of 28 hectares
excluded.
The minister responds by saying to the hard-working women, men,
families who farm, who get up at four and five in the morning, who try
to contend with unpredictable weather, farm the land and often have
other jobs to support their farm…. She calls them
speculators.
She says the ALR has to be protected from them because they’re
speculators. Then she purports to dehumanize them by incorporating a
definition of “person” that doesn’t include a single human being. It’s
insulting. It’s disgusting.
Will the minister stand up and finally admit that support for
agriculture begins by showing respect for the men, the women and the
families that actually do the farming in British Columbia?
Hon. L. Popham: I can see that the member is very passionate about his
misinterpretation of this proposed legislation. Our government is
actually passionate about farmers and farming.
I will repeat for the member so he doesn’t have to go out and
spread fear among his constituents, which happened this past weekend.
The definition of “persons” is not changed by Bill 15. It remains
exactly the same. The constitutional rights of individuals have not
changed.
Mr. Speaker: The member for Abbotsford West on a supplemental.
Interjections.
Mr. Speaker: Members.
M. de Jong: Well, the minister can end any doubt. It’s a pretty
straightforward proposition.
If she can name and alert the House to a single human being
anywhere in British Columbia, anywhere in Canada, anywhere in the world
that is captured by her proposed new definition of person, I’ll
apologize to her. But she can’t do it because she is introducing a set
of reforms that will require government….
Government knows best. That’s the new policy. The farmers that are
here who have spent generations, whose grandparents, whose parents,
whose children want to farm that land, are being deemed second-class
citizens.
It’s time for the minister to stand in this House and show some
respect, apologize and understand that it is the farmers that need
support, it is the farmers that grow the food in this province, and it
is the farmers that she is showing the ultimate disrespect
for.
[2:40 p.m.]
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: I don’t even know how to respond to that except….
Interjections.
Hon. L. Popham: What I know is that there will always be a fight between the
official opposition and the government, because we believe strongly that
the agricultural land reserve was put in place for future generations.
It’s more important today than it has ever been. That side of the House
believes it’s there for development, and they’re very upset that they
may not be able to have mega-mansions, dump construction
fill….
Interjections.
Mr. Speaker: Members. Members.
Minister.
Hon. L. Popham: There will always be this constant fight between us, but that’s
where it stands. On our watch, the agricultural land reserve is for
farming.
[End of question period.]
Point of Order
J. Yap: I rise on a point of order. During question period, the member for
Surrey-Fleetwood used unparliamentary language. I believe, as an hon.
member, that he should withdraw the comment.
Mr. Speaker: So noted.
Point of Privilege
(Reservation of Right)
Hon. J. Sims: I rise on a point of privilege, and I would like to reserve my right
to raise that at a later time.
Mr. Speaker: So noted, Minister.
Tabling Documents
Mr. Speaker: Members, I have the honour to table the following reports from the
Office of the Auditor General: Detection and Response to Cybersecurity
Threats on B.C. Hydro’s Industrial Control Systems and, secondly,
The B.C. Oil and Gas Commission’s Management of Non-Operating Oil
and Gas Sites .
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading on Bill 14, Heritage Conservation
Amendment Act, 2019. In
section A, I call the continued estimates debate for the
Ministry of Advanced Education, Skills and Training.
[R. Chouhan in the chair.]
Second Reading of Bills
BILL 14 — HERITAGE CONSERVATION
AMENDMENT ACT,
Hon. D. Donaldson: I move that Bill 14, the Heritage Conservation Amendment Act, be
read a second time.
The proposed amendments to the Heritage Conservation Act will do a
number of things. It will enhance the protection of areas with heritage
and conservation values in the province, and this is vitally important,
because our heritage and archaeological values connect us all to the
rich cultural history of British Columbia.
The act has not been substantially amended for over 20 years, and
the proposed changes make specific improvements to the act to increase
its effectiveness.
[2:45 p.m.]
It’s important to say that British Columbia…. I think many people
in this province and certainly all MLAs in this chamber know that B.C.
has a rich and diverse history. That includes archaeological sites
dating back at least 14,000 years that provide physical evidence of how
and where people lived in the past, historic places that contributed to
the development of the province and some of the most important fossil
locations in the world that illustrate the evolution and development of
life on earth.
With that background, the proposed amendments will legally require
people to report discoveries of specific sites or objects with potential
heritage value. This allows my ministry to protect previously unknown
heritage property. If its existence is never known, the heritage
property could be damaged, fall into disrepair or be lost
forever.
As a little background, as well, other Canadian jurisdictions that
require discoveries to be reported include Alberta, Yukon, Saskatchewan,
Manitoba, Quebec, New Brunswick, Newfoundland and Labrador and Prince
Edward Island. They all have heritage legislation that requires people
to report certain discoveries of heritage value. As I said, these
changes are long overdue and address the fact that the act has not been
amended significantly or substantially since 1994.
What these other jurisdictions have found, and what we anticipate
will be found in B.C., is that although it’s difficult to assess how
many sites are being reported in these other jurisdictions as a result
of the legislative requirement, most provinces have indicated that this
requirement increases knowledge of heritage values and promotes the
reporting of heritage discoveries, something that the people of B.C. are
well suited to do. With this legislation, increased knowledge around
heritage values will become more prominent, and the required reporting
will lead to that and add to that.
The other proposed amendments in this proposed act in front of us
will also involve expanding the ability to refuse, amend, suspend and
cancel permits. As well, a person may be required to obtain and pay for
a heritage inspection or investigation as a precondition of alteration
of a site.
Now, that’s done already on major projects, whether it’s through
Crown agencies or major development projects, but these amendments allow
that this may be required in other developments as well. In fact, this
provides more flexibility and permit management, and allows permits to
be managed based on individual circumstances. That, in turn, provides
greater opportunity to mitigate potential impacts to heritage property
and proponents.
It’s a matter of understanding and having sites that are
discovered reported. That’s an education process. Then, in turn, as
they’re reported, we’re being proactive. In the long run, it will lead
to fewer challenges for people who actually want to develop a site or
who have plans to make alterations to a site, because they can mitigate
the potential impacts in advance rather than coming along, finding an
object and then having to make alternative plans that could be more
costly because it’s done ad hoc.
We’re also improving compliance and enforcement tools specifically
to authorize officials to enter land for the purposes of administration
and enforcement of the act. These are similar tools, as far as the
enforcement goes, to those that natural resource officers already have
in connection to wildfire under the Wildfire Act and in connection to
forestry under the forest, range and protection act.
The proposed amendments also recognize, in this aspect, First
Nations’ call for improved protection of heritage property. This is an
important part of this government’s efforts toward reconciliation with
First Nations and follows on our commitment to the United Nations
declaration on the rights of Indigenous peoples.
[2:50 p.m.]
The proposed amendments to the Heritage Conservation Act also
support the delegation of ministers’ powers and duties to any employee
of government at the discretion of the minister. Some might wonder:
“Well, why is this necessary?” It’s going to result in more responsive
decision-making and corrects a significant deficiency in the current
act.
An example of that is that currently only the minister may record
certain heritage property to their register, which is an administrative
function best suited to the B.C. register of historic places and
ministry staff. It’s going to significantly streamline and enable more
responsive decision-making when it comes to heritage values in the
province.
All together, these amendments allow government to take more
decisive action to preserve heritage and archaeological sites and
objects, protect previously unknown heritage property and respond to
First Nations concerns about protecting heritage and archaeological
values.
With that, I’m going to wrap up my comments on second reading. I
look forward especially to other speakers’ comments on second reading
and on these proposed amendments, and I look forward to hearing positive
feedback and answering any questions when it comes to committee
stage.
J. Rustad: I’m pleased to be able to rise to respond to Bill 14, the Heritage
Conservation Amendment Act.
I think it’s safe to say that everyone in this House agrees on the
importance of preserving the past, to celebrate it and to learn from it.
I’ve had the pleasure and the opportunity to travel to a few other
jurisdictions with, of course, history a lot older than ours and to see
some of the archaeological values that are in there. There’s no question
of the need to protect and to recognize those. For us in British
Columbia, although we don’t have, perhaps, the same type of history, we
do have a rich history, a very rich history with our First Nations.
There is a need to make sure that we recognize, protect and preserve
what we can around that.
It’s critical for the entire province and it’s also important, of
course, for First Nations, as I said. But we must, as a society, ensure
that we are working together to protect these heritage sites and the
objectives. For me, this is one, and just the first, reason that this
legislation that we’re actually debating falls short of the
mark.
When the current government was in opposition, the opposition side
of the House, the members of the NDP shared a lot of rigorous
indignation and bold ideas about what needed to happen to protect sites
and artifacts. They called for the establishment of a First Nations
heritage protection program that would fund local governments to help
protect sacred sites in their communities. It sounds like an interesting
idea, but unfortunately, that idea didn’t make it into this piece of
legislation that is before us here today.
Now, back when they sat on the opposition side of the House, the
NDP called for a change to the legislation so that First Nations burial
sites would be protected in the same way as any cemetery in B.C. — with
a ban on any building. But now that they’re in government, the NDP has
failed to act or chosen not to act and left this ban out of the
bill.
When in opposition, the NDP wanted the government to purchase
private property to halt development near First Nations archaeological
sites, but the legislation we’re debating today offers no plans or
mechanism for the province to step in and compensate the private land
property owners if they’re forced to sell their property after the
discovery of a heritage site or object.
This failure to deliver on their own demands is merely the first
failure of this bill. The bill is also a failure in its erosion of any
sense of balance when it comes to protections, all while layering on new
costs, potentially steep, on landowners. This legislation further
downloads the costs for site investigations and archaeological studies
onto unsuspecting property owners. I say “unsuspecting,” as there are
many areas around the province where there is designated potential
archaeological interest, and you can’t find out where they are, in some
cases. You may end up buying a property and have no idea that there are
some archaeological values in there.
Let’s say that a local farmer wants to add to her barn. That barn
has been there for a long time. It and the land have been in the family
for generations. The decision, one assumes, by someone in Victoria,
would unilaterally decide that in order to add to the family barn, an
expensive and intensive archaeological study is required. That barn or
active farmland, worked for generations, just got way more
expensive.
[2:55 p.m.]
Sadly, this bill seems to be, like so much of the government
legislation, based on the belief that people will just have to have
blind faith in anything that this government does. That is because, once
again, we have before this House hollow legislation set up for debate. I
say it’s hollow because so much of it won’t be revealed until a later
date, and it will be developed behind closed doors.
It’s critical to have certainty for dealing with issues like land
and possible heritage values, but the bill offers no certainty, except
that landowners will be stuck with large bills. Once again, we have a
bill that talks about worthy goals — protecting key heritage sites — but
offers little in the way of details on how it will be done, except for
imposing those costs on the landowners. Too many aspects of this bill,
including how to define classes of property, persons, sites, objects,
circumstances or areas, classes of heritage property and more, are all
left undefined. After the kerfuffle over the definition of a “person”
under the agricultural act, I can understand why.
All that we get, quite frankly, are promises of regulations to
come at a later date. Only when we get those details will we have a
chance to truly see what they’re trying to do with this. Of course,
those details are not going to be subject to debate in this legislative
chamber, nor will they face any sort of public consultation process.
They’ll simply be dumped on unsuspecting landowners. Worse, property
owners may not even be aware, as I mentioned earlier, that they may have
these sorts of challenges when they buy a piece of land and try to do a
development.
Quite frankly, the public deserves better and deserves to know how
this government plans to carry out these changes. Bill 14 offers a
top-down, Victoria-knows-best approach with its planned expansion of
government powers to conduct site searches and intrusive investigations
on private property. Well, they’ve managed to squeeze in the details
about that, which is quite interesting; they didn’t leave that for
regulation.
The bill will allow “authorized officials” — to be defined later,
of course — to enter land if there is a reason to believe that these
lands or premises have heritage value in an object or in the site
itself. They can come onto someone’s property to inspect, to take
samples, to request identification of individuals. These officials will
be allowed to issue warrants or search a premises and seize evidence if
needed. While these sweeping powers are outlined, little about how they
will be monitored and used is to be found in the bill. I will definitely
be asking for information about this when we get to the committee stage
on what seems to be the creation of a heritage police force.
As an opposition, we’re also concerned about the new powers for
the minister. Under this bill, landowners and project proponents, who
are working away under an approved permit and moving forward in good
faith, can be, if the bill becomes law, stopped dead in their tracks.
The government has taken on sweeping powers to amend, suspend or even
cancel permits already granted to alter a heritage site.
Even with a permit already approved and granted, there is no
certainty. This adds to the tremendous amount of uncertainty that is
being added all across this province for anybody that wants to move
forward with any kind of project, whether it’s something as significant
as a major project or whether it’s something as simple as a renovation
to a home. That uncertainty is what drives out investment and confidence
in this province, and building a province and building a future for
working families requires this certainty. This bill is yet another
attack.
When you think about what the government is doing with the
speculation tax, with the changes on the Agricultural Land Commission,
the changes that will declare that farmers are no longer persons who can
apply under the ALC for decisions, one wouldn’t be far from the mark to
suspect that this government is leading an attack on the very nature of
private property itself.
Make no mistake. On this side of the House, we believe in
protecting those heritage values, artifacts and sites. They’re critical
for our history; they’re also critical for our future. All of us believe
in the preservation of B.C.’s cultural values and those of our First
Nations in this province, but this legislation fails to establish the
balance and the certainty required to ensure that protection happens in
a reasonable and responsible way.
[3:00 p.m.]
I look forward to the clarification and the discussion that will
happen at committee stage. Obviously, there are some interesting
components, and I know that some of my colleagues will have much more to
say.
Hon. K. Conroy: I’m pleased to speak to Bill 14, amendments to the Heritage
Conservation Act, which was introduced in this House on March 6. The
Minister of Forests, Lands, Natural Resource Operations and Rural
Development is making these changes so that our government can take more
decisive action to conserve heritage and archaeology sites and
objects.
Now, the Heritage Conservation Act has not been significantly
amended since 1994, which is 25 years ago. The act’s original purpose
was to encourage and facilitate the protection and conservation of
heritage property in B.C., but deficiencies in the act made it difficult
to achieve these objectives.
It’s interesting. The member for Nechako Lakes was talking about
the deficiencies he sees in the act but in the 16 years the member
opposite sat in government — and, actually, I believe sat in this
position — did nothing to change this and to ensure that the heritage
and the conservation sites were being protected. I would hope that he
would take some comfort in knowing that this government is finally,
after 25 years, making the amendments that need to be made.
It’s time to make the act more effective by addressing issues that
have long been raised about compliance and enforcement and other issues.
I know that stakeholders, like First Nations leaders, have raised
concerns with the minister about the act’s deficiencies, and I’m glad to
see that they are being addressed.
Now, there are going to be four amendments that affect the aspects
of the act. These are reporting, permitting, compliance and enforcement,
and delegation. I’m going to talk a little bit about each of
those.
In reporting, the act is being amended so that anyone who has
reason to believe that they have discovered an object or a site that has
heritage value must report that to the ministry. I know that big
corporations who are out digging and mining companies…. Archaeologists
are usually on site so that they can actually do that work. Smaller
companies and people that are just out digging in their yard obviously
don’t have that. So this is really important. We know now that people
need to report to the ministry if they discover something that could be
of heritage value.
The government keeps a provincial heritage register so that
heritage property can be duly recorded. Recording that heritage property
helps mitigate impacts to heritage value. Under the current act, the
only findings of potential heritage value that must be reported are
those found by persons with a Heritage Conservation Act permit. As a
rancher myself, I don’t think that every time we dig in our yard, we’re
going to be thinking we need to get a Heritage Conservation
Act….
Even in the Kootenays, when you’re digging around, you could find
things of value. I know up in the Arrow Lakes, people were digging and
found a significant number of arrowheads that were left by the Sinixt,
the nation that the federal government declared extinct but obviously
have living, breathing people today. Those pieces of property were
found, and they didn’t have to be reported.
This act ensures that it has to be reported. It allows the
ministry to protect those previously unknown sites and, when
appropriate, to publicize it. I think it’s important that we know where
those sites are. If its existence is never known, the heritage or
archaeological property could be damaged. It could fall into disrepair
or forever be lost.
We were walking up the Slocan Valley a few years ago, a walk up
the Slocan Valley for a fundraiser for housing for seniors. As we walked
— I had four of our grandkids with us — we stopped to visit a site of
pit houses that were also left from the Sinixt Nation.
[3:05 p.m.]
The two older grandkids at the time, three years ago, were nine
and ten. They were really excited about the opportunity to see this. We
talked about the history and what had happened and how these came to be
made. It’s so important for kids to know that and to be able to go and
see that. This bill will make sure that that’s happening so that kids
can actually go and see these archaeological sites, these historical
sites.
Also, it is going to change permitting. Right now the Heritage
Conservation Act permits are intended to help identify, protect and
conserve heritage property. That’s so important. They’re also meant to
minimize and mitigate impacts where potential conflicts have been
identified between cultural resources and proposed development. However,
there are limitations in the legislation that undermine these
purposes.
The purpose of these amendments that the minister is bringing in
is to expand the ability to refuse, amend or suspend and cancel site
alteration permits. These amendments will improve permitting powers by
providing greater flexibility in permit management. They allow permits
to be managed based on individual circumstances and provide a greater
opportunity to mitigate potential impacts to heritage property and
proponents. These amendments address some significant deficiencies that
hinder the minister’s ability to actually utilize the act.
As well, there is going to be changes to compliance and
enforcement. So the effectiveness of the act is hindered by limitations
on compliance and enforcement, which will be addressed in these
amendments. For example, authorizing officials will be allowed to enter
land for the purposes of the administration or enforcement of the act
and establishing new offences, allowing for continuing offences and
extending the time limit to lay an information from two to three
years.
These will significantly improve the ability to enforce the act
and reduce the risk of defence and of forfeiting prosecution. The
amendments address a known concern from the act, from First Nations.
Then, there’s also the delegation where the amendments expand the
minister’s ability to delegate their powers and duties under the act.
This will allow for a more appropriate level of decision-maker to take
on these decisions.
Now, I want to talk a bit about the United Nations declaration on
the rights of Indigenous people and the fact that First Nation leaders
have been calling for this. First Nations have been meeting with the
minister and telling him about their concerns about historical artifacts
being lost. The changes being proposed are reflective of those expressed
concerns raised by First Nations and calls for greater protection of
archaeological and cultural sites, which is in the spirit of the United
Nations declaration on the rights of Indigenous peoples. It’s something
that I believe everyone in the House agrees with.
The changes recognize First Nations calls for improved protection
of heritage property and support articles 11 and 12 of UNDRIP and uphold
direction to review policies and programs and legislation to determine
how to bring the principles of UNDRIP into action.
This is a good first step, and it is just a first step. It
addresses known issues with the act that, again, have been raised with
the minister by First Nations right across the province. The archaeology
branch staff continue to engage with First Nations on what more needs to
be done to preserve heritage sites in the province.
I think it’s important, just to wrap, that specific amendments are
designed to improve the act’s effectiveness. So they’ll require
discoveries of potential heritage and archaeological value to be
reported. They expand the ability to refuse, amend, suspend and cancel
permits, and they provide that a person may be liable to obtain and pay
for a heritage inspection or investigation as a precondition of site
alteration.
They enable delegation of statutory powers, and they improve
compliance and enforcement tools, all of which are things that need to
happen. When you think
an act that hasn’t had anything done for 25
years…. I think its time has come. I think that probably the members
from the Peace country would probably appreciate that part of this act
is also dealing with paleontology finds, which is dinosaurs.
Interjections.
Hon. K. Conroy: It’s what we’ve said. That’s what it said. So I think that’s
really important. That’s what it says in the bill that I read. I think
it’s important to acknowledge that.
[3:10 p.m.]
Okay. We’ll just leave it at that.
Interjections.
Deputy Speaker: Members.
Hon. K. Conroy: It’s great that this is generating conversation. It’s unfortunate
that the members opposite had 16 years and did nothing about this. They
let it sit. They did nothing. I mean, the act has remained exactly the
way it was since the ’90s, which is 25 years ago.
It’s true that the First Nations have been calling for amendments
to this act. It’s really important. These amendments seek to resolve
some of the recognized issues with the act, for more focused and
meaningful change. I think that’s really important. I think it’s good
that the minister is finally…. The ministry has said that we need to
bring this act in, that it’s important. It’s critical for archaeological
sites across the province, for heritage sites.
I think that I’m very pleased to support this bill, and I hope the
House will join me in also supporting the bill, because it is of
critical importance.
S. Thomson: I’m pleased to rise to provide some comments on and speak to Bill
14, the Heritage Conservation Amendment Act.
To open my comments, I’d just say — as my colleague from Nechako
Lakes did, as well, and I think it’s fair to say all members of the
House agree — and recognize that it’s important to preserve our past and
to ensure that that past, whether it’s stories or artifacts or
implements, is preserved and helps support that history and stories that
are so much a part of our history here in the province.
Coming from a family that currently continues to farm our heritage
farm…. It’s 127 years we’ve been on the property. My brother owns and
operates the farm now for the family and is doing his continued
contribution towards heritage preservation by preserving heritage
buildings on the property by actually moving — I forget the total count
now; I think it’s maybe three or four — heritage barns from other
properties, as properties are being sold, onto the property and
incorporating them into the farm operation.
It is important that we do this, and we have to do it as a
society: ensure that we’re all working together to protect the heritage
sites and the objectives of the heritage act. I think, in response to
the member opposite, it is not fair to say that nothing has been done.
We have worked hard — we did, as government — to preserve a number of
sites. In fact, I was involved in a number of those sites, recollecting
issues like the Marpole midden and Grace Islet, where government had to
come in and, at cost, take steps to ensure that those sites were
protected and preserved.
It is interesting to look at the amendments that are being
proposed here. I think it’s more important to look at what’s not here,
as opposed to what is in in the legislation, in the amendments, because
I recall, as minister being responsible for the legislation, that the
real call from the members opposite, when they were in opposition, was
for the appropriate funding to be put in place to support the
preservation of these sites and work.
I recall and have looked at the legislation, the private member’s
bill that was introduced, I think at least a couple of times, by the
former MLA from Esquimalt, Maurine Karagianis, who proposed amendments
to the legislation. She was very passionate about it. A key element of
the private member’s bills that she put forward was the establishment of
a First Nations protection program.
[3:15 p.m.]
If you look at the bill, it would require the minister to
establish a provincial program for preserving and protecting First
Nations heritage sites, remains and objects. The program will make funds
available to local governments for the protection of the First Nations
heritage sites. The Lieutenant-Governor would do a number of different
things — procedures for administering the program, requirements for
funding applications and funding maximums under the programs.
The approach, and not just in the private member’s legislation
that was brought forward but also in other representations that were
made, was that there should be the appropriate funding made available in
order to support the objectives of the Heritage Conservation Act when
those circumstances come into play where those values need to be
protected and preserved and that those costs shouldn’t be borne by the
private landowner.
What we see in this legislation, in these amendments, is that
principle that they advocated so strongly for is not here in these
amendments that are before us. I also recall, in representation in the
House, the member for Saanich North and the Islands, the Green Party as
well, calling for that kind of funding to be put in place as well. Very
clearly, it is not included in this legislation.
My colleague for Nechako Lakes also referenced the issue around
the call at that time for amendments to the Cemetery Act to prevent
building or activity on known cemeteries and sites as well. That’s not
in this legislation as well — missing parts to this legislation that I
think are really critical. It’s an area that certainly will be explored
in the committee stage on the bill.
What we’re really seeing is an approach that adds significant
additional powers for the minister, additional powers for officials to
authorize officials to enter property, sweeping powers to talk about how
permits could be cancelled, changed, altered — amending them, suspending
them, cancelling. All of those kinds of steps that are added in these
amendments….
So much of this legislation, or proposed amendments, is left to
future regulation about how it’s going to be implemented with these new
powers and new authorities. I can recall, at many occasions and many
times, the members opposite, when they were in opposition, lamenting and
really criticizing us at the time for leaving so much in regulation and
not in the legislation — leaving it till afterwards when those details
and the implementation provisions will be made clearer at that point in
the enabling nature of the legislation.
Really, what we have here are increased authorities, powers under
the legislation. But we don’t have that balance in the approach. We
don’t have the certainty for private property owners. So in many cases,
the situations will result in developments that can’t proceed, in
renovations that may not be able to proceed for specific buildings or
properties. Or outbuildings on the sites may impact negatively the use
of the property, that potential. All of this cost is expected to be
borne by the individual property owner.
[3:20 p.m.]
I think it’s a bit of a pattern that we’re starting to see from
this government when you look at the approach of a speculation tax on
cabins, if you look at the ALR provisions where farmers and ranchers are
now determined not to be persons for purposes of making applications.
It’s a little bit more that all of government knows the best way to do
this.
Ultimately, the responsibility and the obligations in these
situations are going to fall to the property owners — the duty to report
under the legislation. One of the challenges in that is if there isn’t
the balance in the process, then in many cases…. Owners, in some cases,
will be reluctant to report those provisions because they don’t see the
balance in the approach here.
So worthy goals in the legislation, in the amendments, but again,
with the powers that are added to it yet to be defined, in many cases,
in regulation, it causes a lot of concerns. The balance and the approach
in the legislation will cause a lot of very significant concerns for
private property owners.
As we have said, we really do believe in and support the
preservation of those values, particularly First Nations’ values, in
British Columbia. But I think that as we will go through the committee
stage, we’ll see that the balance is not here in this legislation and
that it really does shift and download those responsibilities and costs
onto individual property owners without the balance being
provided.
I know that the archaeological branch within the ministry does a
great job — 54,000 registered sites. I think they deal with somewhere
over 500,000 applications, permits, alterations on an annual basis. They
do a great job in the work that they do and play a very, very important
role.
But when the balance isn’t there in the legislation…. That balance
has been called for previously by the members opposite in private
members’ bills, in representation in the House during debate and during
question period — approaches by both the members opposite who are now in
government and the member for the Green Party at the time, as well,
calling for the need to have that protection fund in place that helps
those individual property owners in those circumstances. This
legislation doesn’t provide for that.
I know there will be questions in the committee stage. I look
forward to hearing the responses from the minister during that portion
of the debate. I appreciate the opportunity to make these few comments
on the legislation that’s before us.
Hon. G. Heyman: It’s my honour to stand and speak to Bill 14, the Heritage
Conservation Amendment Act, a long-overdue piece of legislation. I think
we all notionally recognize that in order to know who we are and where
we come from, and part of shaping where we’re going, we need to know our
history. We need to know the history of other people who’ve lived in
this place since time immemorial. This act focuses on how we can
conserve the aspects of heritage that contribute to that
history.
Whether you’re a new Canadian — and I’m a first-generation
Canadian — who has just moved to beautiful B.C. or an Indigenous person
with roots here for millennia, we all have an interest in protecting and
conserving our heritage and important archaeological sites.
Strengthening protection for archaeological sites is a key and critical
part of reconciliation and a key part of implementing the UN declaration
on the rights of Indigenous peoples.
[3:25 p.m.]
If we don’t protect historically significant sites, then we rob
from children, grandchildren, great-grandchildren and future generations
the ability and the tools to learn the story, the unfolding and ongoing
story of the land and the place where we live. That’s why I’m proud to
stand here today and speak in support of the bill, the first update to
the Heritage Conservation Act in 20 years.
I reflect with both interest and some bemusement on the comments
from the member for Nechako Lakes and the member for Kelowna-Mission
who, on the one hand, recognized the very important aspects contained in
this bill — the importance of heritage, the respect the former minister
and now MLA for Kelowna-Mission has for the heritage conservation branch
and the goals — but say that somehow we haven’t got it right.
At the same time, we’re actually bringing in long-overdue changes
to enhance the ability to protect and conserve critical aspects of
British Columbia’s history and heritage, particularly those for
Indigenous nations. Members opposite have said we’ve made this a
responsibility of private landowners and we haven’t done any of the
things or put any of the funding in place that they think is important
to protecting and conserving heritage.
In listening to that, I reflect on much of what I have heard over
the past 20 months, as a minister, from Indigenous people not just here
but from around the world when I travel as part of climate discussions.
People talk about what the changes that are happening to their homes,
that impact their culture — the changes that happen to the traditional
ways of life, the artifacts that reflect that traditional way of life
and even the language, the loss of the language as the result of changes
on the landscape — mean to them and the loss of something that’s
irreplaceable.
That’s why our government committed $50 million to restoration of
Indigenous languages as an important part of essentially funding
important aspects of heritage and conservation that are intrinsically
part of the language that reflects the history of Indigenous peoples in
British Columbia.
In my ministry, we have worked closely with Indigenous nations
around recognizing their interest, their role and their history in
provincial parks through naming, though partnership agreements and
through ongoing discussions with them about areas of critical importance
to them, as well as areas that are currently within provincial parks
where we can take measures to protect important historical and cultural
values.
I appreciate that the role of opposition is to question and to
oppose. That is an important role for opposition, and it’s to be
respected. I would also respectfully say that we’ve done more than put
words on paper here. We’ve put money in many places to back it up. We’ve
put policies in place to respect heritage, particularly for Indigenous
peoples, and we’ll continue to do so.
This bill places greater protections in the hands of all of us
collectively, of government, and gives the Ministry of Forests, Lands,
Natural Resource Operations and Rural Development enhanced powers around
permitting to be used when needed. As the minister pointed out, these
are flexible powers of permitting. They can be tailored to the
particular circumstances of individual finds, individual
landholdings.
But it’s important to be able to ensure that we speak to
landholders or tenure holders when there is the potential to restore or
destroy something that is irreplaceable and fundamental to the culture
of this land and to the history that we all benefit from, because
without that history, we can’t shape a viable future.
[J. Isaacs in the chair.]
We have about 500 permits a year coming to the B.C. archaeological
branch, and this oversight is crucial to ensuring that there is
government involvement in discovery and reporting of sites that might
have heritage value and that we have measures in place that require
these reports to be made.
[3:30 p.m.]
I appreciate the comments from the member opposite that there may
be a disincentive, but I think during committee stage, those questions
can be canvassed thoroughly.
I’m proud that this bill has the support of Indigenous nations in
British Columbia, because the measures in it are a significant part of
our commitment to implementing the UN declaration on the rights of
Indigenous people. It’s a first step to addressing some of the known
issues that exist with the act, and staff in the archaeology branch will
continue to engage on an ongoing basis with Indigenous nations. But it
is important to take those steps, because those steps could have been
taken in the last 16 years yet weren’t.
Obviously, this bill is about Indigenous heritage, but it’s also
about other forms of heritage. When I walk through my own riding, I’m
often struck by what has been preserved in the short history of the
colonization of that area and the inhabitation of the area which I
represent.
In Vancouver, there is a group that conducts what’s called Jane’s
Walk to learn about the history of the place in which we live. Many
times when I have participated on those walks, I have learned so much
about what once was in the area we know as Vancouver, some of which you
can still see traces of, much of which has disappeared forever, and a
portion of which the city of Vancouver, other governments in other parts
of British Columbia and their areas and all of us, as well as the
provincial government, can assist in restoring.
It’s critically important that we know something about where we
live. Otherwise, we can’t understand what was lost or what steps we can
take to rebuild and replace.
I think about families that lived here for generations. I think
about my parents, who came to Canada to find a safer place and a
prosperous future for them and their children. They were interested in
learning about the place that they had chosen to call home. They spent a
considerable amount of time with their children, encouraging us to learn
the same.
We have a duty to people who were here before us, to remember what
they did to live their lives, to live in harmony with the land and the
resources around them and also what they did to create a modern province
in which we now live and from which, in many respects, we benefit. We
have a responsibility to learn from them and their history so that we
can create a better future for everyone.
Staff in the ministry will be able to work more effectively with
additional compliance and enforcement tools to ensure that our heritage
is not interfered with or lost forever. The requirements to report
discoveries are critical to this, and the ability of FLNRO staff to
apply conditions and permitting to protect important heritage values and
the flexibility to adapt those to particular communities is critically
important.
Going forward, if any person or group wishes to proceed with
alterations or developments to a site where there isn’t sufficient
information about the heritage value, they may be required to work to do
a heritage investigation before they can receive the site alteration
permit. That’s important, because if that isn’t in place, we will far
too often, as we do now, discover after the fact and too late that
things that can never be replaced have been destroyed and that it
needn’t happen.
It’s not necessarily the case, as members opposite have said, that
these may involve costs. In fact, they may potentially involve fewer
costs by not requiring rehabilitation or remedial action. It’s about
applying a principle of knowledge and precaution to ensure that what we
value, and what we have a responsibility to protect, we actually value
and protect in action and through legislation.
The investigations will lead to better decision-making and better
protection of heritage property. We know that Indigenous nations were
concerned about the lack of investigation. I’m glad that we have
amendments to the act to address this issue, and that is why there is
support from Indigenous nations.
[3:35 p.m.]
Under these changes, people will now be legally required to report
discoveries of objects that might have heritage value. The only way
we’re going to know is if we know enough to take a look. Without this
mandatory reporting, an untold number of objects that hold historical
significance could disappear forever, as has, in fact, been the case now
for decades.
It’s an honour to support this bill. I’m pleased and proud that
our government has brought it forward, and I look forward to continued
debate.
Deputy Speaker: The member for Saanich North and the Islands.
[Applause.]
A. Olsen: Well, thank you to the member for Chilliwack-Kent. That was a
robust welcome from the members opposite. I appreciate it.
Thank you, Madam Speaker, for the opportunity to speak to Bill 14,
the Heritage Conservation Amendment Act. This is an issue which is of
specific importance to me, to my family and to my people, the WSÁNEĆ
people. As many who have been following the news in this province may
recognize, my family, my relatives and my extended relatives here on the
south coast were involved in a very emotional and, at times, bitter
situation on Grace Islet, off Saltspring Island. I think it was
2013-2014.
This is a situation in which gravesites that had been known for a
very long time had a house constructed on them. It was deemed to be okay
to take those grave middens and encase them in concrete and continue to
build a private home, a vacation home directly overtop of the final
resting place of our Coast Salish ancestors. I don’t know of a time or a
place in which that would be acceptable in this province, elsewhere. I
don’t know that you could imagine doing a similar kind of act or a
similar kind of thing at a cemetery, say, for example.
It exposed, in this province, something that Indigenous people
have known for a very long time: that there are two sets of standards in
this province. It’s unfortunate, it’s sad, and it’s incredibly
frustrating.
I know that my family members who were on the Tsartlip council at
the time…. When the first application for permits came in and they
bitterly opposed it, they were told that since there was only one of the
dozens of First Nations actually opposing or that had actually submitted
a response to the notification, there wasn’t sufficient evidence to show
that people cared. So it proceeded. We had a situation in which the
government of British Columbia watched over, through their process, a
situation in which known gravesites, known sacred places, were
desecrated and were built on.
I don’t know who would want to live in a house overtop of a
gravesite, but that was the case in this province, and it was one which
was incredibly frustrating over the months and months and months that we
were told that, simply, the minister could not get a mandate to act. The
minister could not get the authority to actually act, to intervene in
this desecration.
I ask the members here today to simply imagine a scenario. Just
imagine a scenario where one of your ancestors, one of your
grandparents’ graves…. It was being proposed that their gravesite was
going to have a house built on it, and it was returned that the only
thing that needed to happen in order for that to occur would be for
those gravesites to be encased in concrete, and then you could go ahead
and build right over top of that. Again, I don’t think that there is a
situation in which anybody would consider, in any way, this kind of
behaviour or activity taking place overtop of a known
cemetery.
[3:40 p.m.]
When the member for Kelowna-Mission mentioned that the member for
Saanich North and the Islands wanted to see the Cemetery Act changed, he
does so with great knowledge. It was a conversation between him and I,
that we had, where we talked about the need to provide greater
protection for Indigenous heritage sites, for gravesites, for the final
resting place of our ancestors and, indeed, for the sacred places and
the artifacts — or items of cultural significance, as I prefer to call
them.
That is something which has inspired me and propelled me,
actually, into this place. It was my involvement in that Grace Islet
story where I worked alongside the former member who held this seat, who
represented the beautiful riding of Saanich North and the Islands, Gary
Holman, who did a phenomenal job of standing up in this place during
question period and asking questions of that minister.
It was that work both in this place and outside of this place,
which I was able to do, that helped bring attention to this situation.
So to see that this bill is coming forward and that aspects of the
concern that was raised back then are being addressed in this bill, Bill
14…. For that, I raise my hands. I’m thankful to see the work is
starting.
It’s important, I think, to just note that it’s a start, because
the work on this bill is not complete. It’s been acknowledged in a
briefing that we received that, yes, this is indeed just the first piece
of work that can be done.
Going through the bill…. The sections that require the duty to
report a discovery. The opportunity for the province to increase
heritage protection. The very, very detailed ways that they can protect
the heritage and do investigations to ensure that they’re able to take a
look at the property much closer, to inspect it. The power to issue and
amend permits. And then a whole host of ways for the minister to be able
to have authority over those permits. Indeed, these are very important
ways that this bill, the Heritage Conservation Act, has been
strengthened with this amendment.
Entry and inspection. The fact that the minister can or the
minister can ensure that somebody can — not meaning that the minister
has go to the place and enter on to the premises and inspect, which I
think is the current situation. A pretty busy person to be doing that
kind of work. I think that the opportunity to be able to go in, enter
the property and see what’s actually on site is important.
This bill, in many respects, does strengthen the current
legislation that we have in place. There are some aspects of this which
I think it’s important to raise. It’s been noted here that First Nations
communities or Indigenous communities have been engaged and that First
Nations have been engaged on this. I’ve become aware, though, that there
has been some criticism with the process of this. I think that some
frustration has been expressed that the First Nations Leadership Council
was not engaged more thoroughly and, perhaps, maybe individual First
Nations.
I think it’s important that as we proceed, we honour the fact that
Indigenous communities have established a leadership structure. It’s not
a perfect leadership structure. There are a lot of challenges with it,
and I think that would be acknowledged both from the perspective of this
place but also from the perspective of an Indigenous person who has
tried to navigate First Nations politics. It’s tough. But Indigenous
people do have a leadership structure, and it’s important that it be
fully engaged in these processes — that not just individual First
Nations but the leadership that’s acknowledged and recognized by
Indigenous people be honoured and be included in this.
[3:45 p.m.]
It’s my understanding that they’re expressing disappointment and
frustration that they have not been, in their terms, adequately
consulted on this. I think further to that, though, it’s important to
acknowledge that they also express the fact that they don’t necessarily
disagree, as I’ve stated, with these amendments. These are needed
amendments, and I think that the First Nations communities will look at
these amendments and generally, if not wholeheartedly, agree that these
are good amendments. But they certainly don’t go far enough, nor do they
go far enough fast enough, from my personal perspective.
This is not a new process. This is not a process which has just
started in the last 24 months. This is a process that has been underway
with the provincial government now for many decades, indeed for more
than a century. So 1865 was the first bill; 1867 was an amendment, 1925,
1960, 1977, the 1990s. Now we’re taking a look at it again.
I think back in the 1990s, they instituted
section
Section 4 of
the current act talks about agreements with First Nations. This is where
First Nations in the province may enter into a formal agreement with
respect to the conservation and protection of their heritage sites. This
has been, I believe, in the act since the 1990s, this
section
In a 2012 document called the First Nations Heritage
Conservation Action Plan …. The Indigenous leadership of the
province pulled together the chiefs. They started their own process.
They pulled together the First Nations communities, and they wanted to
ask them: how is it that we can strengthen heritage conservation in this
province? One of the aspects of this was to begin to enter into formal
agreements with the province.
The provincial government, over the last 20 years, has disputed
this process and has frustrated this process. Indeed, to this day, First
Nations and Indigenous communities are still complaining that even
though there’s a pilot project underway, we still have yet to achieve
any kind of action on
section 4, these agreements with First
Nations.
I think that it’s important to acknowledge the long history in
this province, and that’s perhaps why we have a Heritage Conservation
Act. This is, indeed, a long history. Well, it’s a very short long
history, but it’s a long history between Indigenous peoples and the
newcomers to this province, still relatively new.
I think it’s important that as we start to move towards the United
Nation’s declaration on the rights of Indigenous peoples, as we move
towards the implementation of that, we understand within it that the
relationship between First Nations, Indigenous people in this province
is changing, and I think that we should be embracing that change. Many
of the articles within the UNDRIP are articles that protect these very
aspects that we’re talking about, the ancestral remains — just as
everybody in this place wants to have the ancestral remains from their
family lineages to be protected and honoured, to not be built on, to not
be unnecessarily dug up and disturbed.
I understand that this province has a much, much longer history.
We’re going to find things, but it’s how we respond to the things that
we find that I think is most important. It’s the things that we have
found, the way that we behave when we have found them, that I think
really sends a message to Indigenous people in this province.
If we are going to say, “We acknowledge that place. We acknowledge
that it’s sacred to you. We acknowledge that your ancestors are buried
there, and we are going to allow you to build on it anyway,” that sends
a message that no matter how many times we stand in this place and no
matter how many times we stand outside this place, exactly what the
relationship with Indigenous peoples means to the people within this
place.
I stood in this House, and I acknowledged and was very thankful. I
raised my hands to the important investment that was made with respect
to Indigenous languages. When we talk about reconciliation, I think that
it’s important to understand there are a couple areas in which there was
a definitive attempt to detach Indigenous people from their cultures in
the past.
[3:50 p.m.]
One of those was through the removal of Indigenous languages.
Another was through the removal of sacred objects that were part of that
culture or making illegal the sun dance on the prairies and in eastern
Canada and the potlatch here on the west coast. By making those illegal
and not allowing Indigenous people to openly associate with those
important cultural rituals and ceremonies…. Very much the same, by the
way, as the ceremony that undertakes the authority of this place — that
I am standing here speaking to a speaker, that I’m standing here
speaking to this House through a speaker. It’s very similar to the
Indigenous culture that I come from with the WSÁNEĆ people — not too
different.
I think that it’s important to acknowledge that the second step
forward that we could be taking when it comes to reconciliation is
through the protection of heritage sites and through the conservation
and protection of important items of cultural significance. By returning
these items, by making it much simpler for Indigenous people to protect
their ancestors, packaging that with the important investments that both
this government and the federal government have made to Indigenous
languages, we start to make real, remarkable steps forward when it comes
to reconciliation.
These are the actions behind reconciliation, so I’m happy to stand
today to see that the work that was done at Grace Islet did indeed
protect that island. I’m happy to stand today and proud to be the now
member for Saanich North and the Islands, where we see one of the first
pieces of work done on this important bill, this piece of legislation
that is incredibly important for me, my family and my extended family,
our relatives across the province.
I look forward to continuing to work with the minister to ensure
that some of the criticisms that have been made about the process in
this can be repaired, because there still is much work to be done, as
was mentioned by the member on the opposite side.
I think that there is an opportunity here, a very positive
opportunity, for this government to embrace the action of reconciliation
by partnering the substantive investments that it made in reconnecting
Indigenous people with their languages with the repatriation and the
protection, so that we’re not just going to museums and visiting —
visiting — our items of cultural significance, but that they are back in
our communities and that they have their rightful place within our
ceremony, within our ritual and within our families like they’re always
supposed to.
With that, I’m going to take my seat. I thank the minister for the
work done so far. I look forward to the work yet to be done, and I’m
happy to support Bill 14, this amendment to the Heritage Conservation
Act.
HÍSW̱ḴE
SIÁM .
D. Barnett: I rise today to speak to Bill 14, the Heritage Conservation
Amendment Act.
It is safe to say that everyone in this House agrees that it is
important to preserve the past, to celebrate it and to learn from it.
This is critical for the entire province, and it is important for First
Nations in British Columbia. We must, as a society, ensure we are all
working together protecting heritage sites and objects.
That is one and just the first reason the legislation we are
debating today is such a disappointment. When they were on the opposite
side of the House, members of the NDP shared a lot of righteous
indignation and bold ideas about what needed to happen to protect sites
and artifacts. They called for the establishment of a First Nations
heritage protection program that would fund local governments to help
them protect sacred sites in their communities. The ideas didn’t make it
into the legislation in front of us today.
[3:55 p.m.]
Back when they sat on this side of the House, the NDP called for
changes in legislation so a First Nations burial site would be protected
in the same way as any cemetery in B.C. It’s a protection, with a ban on
building. Now that they are in government, the NDP has either failed to
act or chosen not to act and left that ban out of this bill.
In opposition, the NDP wanted the government to purchase private
property to halt development near a First Nations archaeological site.
But the legislation we are debating today offers no plans or mechanisms
for the province to step in and compensate private property owners if
they are forced to sell their property after the discovery of a heritage
site or object.
This failure to deliver on their own demands is merely the first
failure of this bill. This bill is also a failure in its erosion of any
sense of balance when it comes to protections, all while layering new
costs, potentially steep, on private land owners.
This legislation further downloads the costs for site
investigations and archaeological studies onto unsuspecting property
owners. Let’s say a local farmer wants to add to her barn. That barn has
been there for a long time. It and the land have been in the family for
generations. A decision, one assumes by someone in Victoria, could
unilaterally decide that, in order to add to the family barn, an
expensive and intensive archaeological study is required. That barn, on
active farmland worked for generations, just got more
expensive.
Lately the minister responsible for this legislation has been
labelling any challenge to plans as fearmongering. Sadly, this bill
seems to be, like so much of this government’s legislation, based on a
belief that people will just have to have blind faith in anything this
government does. That is because, once again, we have before this House
hollow-shell legislation up for debate. I call it hollow shell because
so much of it is to be revealed at a later date and, as usual, developed
behind closed doors.
It’s critical to have certainty for dealing with issues like land
and possible heritage values, but the bill offers no certainty, except
that landowners will be stuck with large bills. Once again, we have a
bill that talks about worthy goals — protecting key heritage sites — but
offers little in the way of details on how it will be done, except for
imposing costs on the owners of the private land.
Too many aspects of this bill — including how to define classes of
properties, persons, sites, objects, circumstances or areas, classes of
heritage properties and more — are left undefined. All that we get is a
promise of regulations to come at a later date. Only then, we get the
details. Of course, those details will not be subject to debate in this
chamber, nor will they face any sort of public consultation process.
They will simply be dumped on unexpecting private land owners. The
public deserves better and deserves to know how the government plans to
carry out these charges.
Bill 14 offers up a top-down, Victoria-knows-best approach
with its planned expansion of government’s power to conduct site
searches and intrusive investigations on private property. Well, they
managed to squeeze in details about that.
Still, the legislation is not just top down. It’s also
heavy-handed in its approach. The bill will allow authorized officials,
to be defined later, to enter land if there is reason to believe that
lands or premises have heritage value in an object or in the site
itself. They can come onto someone’s property to inspect, to take
samples and to request identification of individuals. These officials
will be allowed to issue warrants to search premises and seize evidence,
if needed.
While these sweeping powers are outlined, little about how they
will be monitored and used is to be found in this bill. I will
definitely be asking for information on what seems like a heritage
police force during committee stage.
[4:00 p.m.]
As an opposition, we are also concerned about new powers for the
minister. Under this bill, landowners and project proponents who are
working away under an approved permit and moving forward in good faith
can be, if this bill becomes law, stopped dead in their tracks. The
government has taken on sweeping powers to amend, suspend or even cancel
permits already granted to alter a heritage site. Even with a permit
already approved and granted, there is no certainty.
Building a province and building a future for working families
requires certainty, and this bill is an attack on certainty. When you
think about what this government is doing with the speculation tax and
with their changes to the Agricultural Land Commission — the changes
that will declare farmers are no longer persons who can apply to the ALC
for a decision — one wouldn’t be far from the mark to suspect that
government is leading an attack on the nature of private property
itself.
Make no mistake. On this side of the House, we believe in the
protection of heritage values, of artifacts and sites. All of us believe
in the preservation of B.C.’s cultural values and those of First Nations
in B.C., but this legislation fails to establish the balance and the
certainty required to ensure that protection happens in a reasonable and
responsible way. I look forward to asking for clarification about this
bill at committee stage.
G. Kyllo: It’s always a pleasure to rise in the House and respond to the
current bill that’s before us, on behalf of the hard-working
constituents of Shuswap.
Regarding the Heritage Conservation Amendment Act, it was
interesting listening to the member opposite — the member from the Green
Party, the Third Party, for Saanich North and the Islands — when he
referenced some of his concerns around the protection of Grace Islet.
That was where there was an actual burial site that was
identified.
Although the legislation doesn’t necessarily always fit every
instance or occurrence around the province, I’ve got to give thanks, I
think, where credit is due. The folks at the heritage branch did an
amazing job. It was the previous government that came to the aid of the
folks that were concerned, the First Nations that were impacted, and
looked at funding the actual purchase of that island. That was under the
former Minister of FLNRO, the member for Kelowna-Mission.
Obviously, British Columbians are very concerned about the
importance of preserving the heritage and history of our province. I
think it’s always an opportunity to celebrate, in that we have an
opportunity to learn from our past. It’s important for society and
extremely important for First Nations in B.C., who have resided on these
lands for thousands of years. As a society, it’s imperative that we work
together to understand, acknowledge and work together to protect
and preserve heritage sites and objects in our province.
It’s interesting that the NDP, when in opposition, called for a
number of bold movements in order to further protect and enhance the
heritage protection act, for the legislation that is now before this
House. Unfortunately, the current bill seems to be devoid of many of the
things that they spoke of in opposition. I think it’d be interesting to
hear, from the current government, why those items and issues that were
of great concern when they were in opposition somehow are void and
neglected from being brought forward in this current
legislation.
One of the items they called for — it was actually spoken about
previously by the member for Cariboo-Chilcotin — was the establishment
of a First Nations heritage protection program that would, among other
things, fund local governments to help protect sacred sites in our
province. Again, no inclusion in this current bill. In our collective
history, the heritage of our province is just extremely important. It’s
important for society, and it’s important as an opportunity for us to
protect what’s in the public interest. Preserving our past and
acknowledging the previous uses of our lands and items of significant
heritage value — those are deemed to be in the public
interest.
[4:05 p.m.]
I certainly appreciate and, I think, value that need, but what we
are seeing here is that the protection of those interests, which is in
the public purview, is being undertaken to be protected at the cost of
the private landowner. I think that that’s an area that should be
canvassed and could be discussed as part of the debate on this current
bill.
Obviously, we respect our First Nations communities, their use of
the lands, especially where there is significant evidence of previous
use of particular areas. Where those are identified and we have a need
to provide protection of those lands, why should it be at the expense of
the sole property owner? If the need or value, I guess, in the public
interest is for the general society, why is it that those costs are
borne specifically by the property owner? Those sorts of issues are very
concerning to me as a member representing constituents of Shuswap and, I
think, should also be something of concern both to government and, of
course, to us as opposition.
As we see increased powers being given to the minister
responsible, we need to make sure that those additional responsibilities
and powers are actually canvassed here in this House and are not left
for government to decide behind closed doors and to develop through
regulation.
The opportunity for British Columbians to be aware of the changes
to the legislation…. Especially when it comes to improved or increased
powers for the minister to intervene and make decisions and rulings
around potentially rescinding permits or altering permits that are
already issued, it’s very important that the details of scenarios and
circumstances under which those might be undertaken are canvassed in the
House, where the general public have an opportunity to fully understand
what it is that the government is intending to do.
We certainly see concerns about what’s been canvassed in the news
media about potential erosion of property rights in B.C. We have
certainly seen increased concerns about capital investment in our
province. When you look at the ability for businesses to have a clear
and concise determination around project timelines, anything that builds
on additional uncertainty doesn’t help to attract capital to our
province. I think this is yet another means where it is not sending the
right signal to our business and investment community. If I may, this
legislation, I believe, is weak. It leaves far too many
definitions to
be decided and set by government, devoid of further debate or public
scrutiny in t