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British Columbia — Debates (Hansard)

Fourth Session, 38th Parliament OFFICIAL REPORT OF DEBATES OF THE LEGISLATIVE ASSEMBLY (HANSARD) Wednesday, May 28, 2008 Afternoon Sitting Volume 35, Number 3 THE HONOURABLE BILL BARISOFF, SPEAKER ISSN 0709-1281

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

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

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

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

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

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

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

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

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

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

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

James Clerk Assistant and Committee Clerk ..........................................................................................................................................Kate Ryan-Lloyd Sergeant-at-Arms................................................................................................................................................................................................Vacant Director, Hansard Services ...................................................................................................................................................................Jo-Anne Kern Legislative Librarian ..................................................................................................................................................................................Jane Taylor Legislative Comptroller...............................................................................................................................................................................Dan Arbic

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONTENTS Wednesday, May 28, 2008 Afternoon Sitting Routine Proceedings Page Statements..................................................................................................................... .......................................................... 13027 Prince George firefighters and Canfor millworkers C.

James Introductions by Members ....................................................................................................... ............................................ 13027 Tributes ....................................................................................................................... ............................................................ 13027 Brian Greer Hon.

M. de Jong Speaker's Statement ............................................................................................................ ................................................... 13028 Rules for public bills in the hands of private members Introduction and First Reading of Bills........................................................................................ ....................................... 13028 Farm Workers Fairness Act, 2008 (Bill M218) C. Puchmayr Funding Stability for Boards of Education Act, 2008 (Bill M219) D. Cubberley Accountability Act, 2008 (Bill M220) L.

Krog Residential Tenancy Act Amendment Act, 2008 (Bill M221) J. Kwan Home Inspection Act, 2008 (Bill M222) D. Thorne Statements (Standing Order 25B) .............................................................................................................................. ........... 13030 Urban forest stewardship initiative J. Horgan West Vancouver Youth Band J. McIntyre Zaklan farm H. Bains Gordon Greenwood Elementary School BumbleBeez M. Polak 100th anniversary of Queen Alexandra Elementary School J. Kwan 911 service in East Kootenays B.

Bennett Oral Questions................................................................................................................. ....................................................... 13032 MRI waiting times in Interior Health Authority C. James Hon. G. Abbott A. Dix Mammography services D. Thorne Hon. G. Abbott Tree farm licence land removals in Interior B.C. B. Simpson Hon. R. Coleman Government response to tree farm licence land removals S. Fraser Hon. R. Coleman J. Horgan Government support for forest workers C. Trevena Hon. R. Coleman

Petitions...................................................................................................................... ............................................................. 13037 S. Fraser Tabling Documents.............................................................................................................. .................................................. 13037 B.C.

Assessment, annual report, 2007, and audited financial statements for the period ended December 31, 2007 Petitions...................................................................................................................... ............................................................. 13037 J. Horgan B. Bennett J. Kwan Tabling Documents.............................................................................................................. .................................................. 13037 B.C.

Lottery Corporation, letter from the chair of the board of directors Petitions...................................................................................................................... ............................................................. 13037 N. Simons R. Austin D. Chudnovsky Tabling Documents.............................................................................................................. .................................................. 13037 Revised

schedule I, fiscal year ended March 31, 2008 Statement of 2007-2008 borrowings Hon. C. Taylor Labour Relations Board, annual report, 2007 Hon. O. Ilich Reports from Committees........................................................................................................ ............................................. 13037 Select Standing Committee on Public Accounts, first report R.

Fleming Committee of the Whole House................................................................................................... ........................................ 13038 Miscellaneous Statutes Amendment Act, 2008 (Bill 33) (continued) B. Simpson Hon. R.

Coleman Reporting of Bills ............................................................................................................. ...................................................... 13043 Miscellaneous Statutes Amendment Act, 2008 (Bill 33) Third Reading of Bills......................................................................................................... ................................................... 13043 Miscellaneous Statutes Amendment Act, 2008 (Bill 33) Committee of the Whole House................................................................................................... ........................................ 13043 Social Workers Act (Bill 35) N.

Simons Hon. T. Christensen Report and Third Reading of Bills .............................................................................................. ......................................... 13049 Social Workers Act (Bill 35) Committee of the Whole House................................................................................................... ........................................ 13049 Greenhouse Gas Reduction (Cap and Trade) Act (Bill 18) (continued) S. Simpson Hon. B.

Penner Reporting of Bills ............................................................................................................. ...................................................... 13061 Greenhouse Gas Reduction (Cap and Trade) Act (Bill 18) Third Reading of Bills......................................................................................................... ................................................... 13061 Greenhouse Gas Reduction (Cap and Trade) Act (Bill 18)

Proceedings in the Douglas Fir Room Committee of Supply............................................................................................................ ................................................. 13062 Estimates: Ministry of Health (continued) M. Sather Hon. G. Abbott C. Trevena B. Ralston C. Wyse K. Conroy G. Gentner D. Cubberley A. Dix

13027 WEDNESDAY, MAY 28, 2008 The House met at 1:35 p.m. [Mr. Speaker in the chair.] Prayers. Statements PRINCE GEORGE FIREFIGHTERS AND CANFOR MILLWORKERS C. James: I'd like to take a moment in this Legislature to pay tribute to the people of Prince George and the firefighters who battled the massive blaze that broke out on Monday evening. The fire — as we know, the largest in Prince George's history — consumed Canfor's plywood plant. Fire Capt. Mark Hill likened its sound to that of a jet engine taking off.

At one point the fire threatened to surround the firefighters at the centre of the blaze, but owing to their training, bravery and skill, everyone escaped unharmed. As we know, firefighters give of themselves so that we can all be safe, and thei r dedication and courage are extraordinary. We must also pledge our support not only for the firefighters but for the 285 Canfor workers who lost their jobs and now wonder what the future holds. The Canfor plywood plant was a bright spot in an industry that's been hit hard. "It's devastating," said Gord Kay, a 32-year veteran.

The Canfor plant must be rebuilt, and its workers must have a future in Prince George. In this difficult time I would ask the government to join the opposition in offering Prince George workers and their families and their community our help and our full support in this time of need. The fire destroyed a plant, but it cannot be allowed to destroy the future and the spirit of Prince George forest workers. Introductions by Members Hon. R. Thorpe: It gives me great pleasure today to introduce a grade 12 student from Summerland Secondary School.

KelsieRai Skoreyko is spending the day touring the Legislature, and I hope the House will join me in making her feel very welcome. Also, I'd like the House to welcome my administrative assistant, Devon Stokes, to the House. Would the House please make both of them very welcome. R. Chouhan: Today we have 90 students from my community's secondary school, Burnaby South Secondary. Thirty of them, I believe, are sitting in the gallery. With them are four wonderful teachers: Ms. Moore, Mr. Jackson, Mr. Cividino and Ms. Gonzelis. Please join me in welcoming them. Hon. I.

Chong: In the gallery today are a number of people who work in our Ministry of Community Services. Two in particular are new to our ministry. I would like to introduce Robin Grantner, who is a third-year political science student at the University of Victoria. She's working with the local government–first nation relations program. Sh e's doing research on abo- riginal governance. Also, we have Ainslie Avery, who is graduating next week from the University of Victoria and has joined the local government department of advisory services as a program analyst.

Joining them is a more long-term em- ployee of our ministry, Grace Van den Brink, our program analyst, who is with the local government–first nation relations program. I hope th e House will please make them all very welcome. M. Farnworth: Watching from the constituency office today is my constituency assistant Brad West, who is celebrating his 23rd birthday. Upon telling me that, he also then proceeded to tell me that he feels old at 23. I told him that he would get no sympathy from me on that comment, nor any sympathy from any member of this House.

But I did say that I'm sure every member of this House would wish him a very happy 23rd birthday. J. Nuraney: I, too, want to welcome the students from Burnaby Secondary, and I would like the House to please once again offer them our warm welcome. D. Routley: Would the House help me welcome my CAs Leanne Baird and Debra Toporowski and also Patty McNamara and her daughter Athena Maurer, who have brought along the youngest visitor I've ever had the honour of greeting in this House, young Linden Maurer, Athena's son. He's two months old.

A special welcome not only to that young man but to someone who I consider very dear, Betty Iverson. She's a volunteer in our office, and she cycles across town to volunteer and help the people of the Cowichan Valley every day. I really appreciate all the service that she gives to our community, so please help me thank her. [1340] R. Fleming: With us in the gallery today is Robin Steudel, who is an active student at Simon Fraser Uni- versity where she serves on the student society board as well as a number of boar ds of the university. She's with us here in the gallery, I believe.

Would the House please join me in welcoming her here. Tributes BRIAN GREER Hon. M. de Jong: I don't often introduce public servants to the House, not because I don't think they are worthy of our thanks and attention, but I find that they're generally very modest and don't wish to be singled out. That is certainly the case with respect to Brian Greer, who since 1992 has served a variety of administrations, governments, in the capacity of chief legislative counsel.

13028 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 The Attorney General and I want to bring the House's attention to his presence here today. He has served with distinction, as I say, a variety of govern- ments. He is that person who is responsible for provid- ing counsel and advice around a wide range of issues — guidance and counsel with respect to the prepara- tion of legislation, the laws by which we ask British Columbians to govern themselves. He has done so with distinction. I know this sounds like one of those farewell speeches.

He is not actually leaving the service of Brit- ish Columbians and government, but he is stepping down from his demanding post as chief legislative counsel. I wanted to take the opportunity today, on behalf of all members and all British Columbians, to say to Brian Greer — and to his family, who has lent him to us these past 16 years — thank you. The laws of this province are stronger, better because of the work Brian Greer has rendered. On behalf of all members, I want to thank him and pay tribute to him for the work he has done. Speaker's Statement RULES FOR PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS Mr.

Speaker: Hon. Members, I have had the oppor- tunity to review Bill M215, the Campaign Finance Reform Act, 2008, which was introduced in the House by the member for Victoria–Beacon Hill. The bill would require an expenditure of public funds, contrary to Standing Order 67, and is therefore out of order in the hands of a private member and will not proceed to second reading. Introduction and First Reading of Bills FARM WORKERS FAIRNESS ACT, 2008 C. Puchmayr presented a bill intituled Farm Workers Fairness Act, 2008. C.

Puchmayr: I move introduction of a bill intituled Farm Workers Fairness Act, 2008, for first reading. Motion approved. C. Puchmayr: This bill, through amendments to the Employment Standards Act, will introduce fairness back to the farm-working community and industry. It restores overtime pay, statutory holiday pay and minimum- wage protection. This bill also reverses the atrocious trend of children as young as 12 working in industry in British Columbia with virtually no protection. It restores protection for those young people working in industry today.

I m o v e t h a t t h i s b i l l b e p l a c e d o n t h e o r d e r p a p e r for second reading after the next sitting of the House. Bill M218, Farm Workers Fairness Act, 2008, intro- duced, 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. FUNDING STABILITY FOR BOARDS OF EDUCATION ACT, 2008 D. Cubberley presented a bill intituled Funding Stability for Boards of Education Act, 2008. D. Cubberley: I move introduction of the Funding Stability for Boards of Education Act, 2008, for first reading now. Motion approved. D.

Cubberley: It's my pleasure today to introduce legislation that will provide boards of education with greater certainty. This bill seeks to ensure that all chil- dren in British Columbia receive the educational program their board of education has approved for the year in progress. Part of a good educational program is sound plan- ning for the school year. Teachers have to prepare materials and strategies in advance of the school year. Boards of education must ensure that teachers, admin- istrators and other educators are properly equipped to deliver the mandated program.

Part of equipping our educators is ensuring that they have access throughout the course of the year to the resources committed and approved at the beginning of the year. [1345] This bill will make it impossible to remove resources from boards of education once those resources have been duly approved. Planning, consistency and predictability are all vital to a successful education. This bill will ensure each plays its role. I move that this bill be placed on the orders of the day for second reading at the next sitting after today.

Bill M219, Funding Stability for Boards of Education Act, 2008, 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. ACCOUNTABILITY ACT, 2008 L. Krog presented a bill intituled Accountability Act, 2008. L. Krog: I move that a bill intituled Accountability Act, 2008, be introduced and read a first time now. Motion approved. L.

Krog: The Accountability Act, 2008, introduces amendments to the Members' Conflict of Interest Act and the Lobbyists Registration Act that will extend conflict-of-interest laws and strengthen rules governing the activity of government lobbyists.

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13029 These amendments take in to account the recently enacted Federal Accountability Act. Like the federal legislation, one of the bill's key commitments is to clean up lobbying and ensure that lobbying activities are carried out in an ethical and transparent manner. The amendments also align with recent recommen- dations made by the Information and Privacy Commis- sioner. The amendments to the Lobbyists Registration Act provide clear rules to ensure lobbying is done ethically and transparently.

They in troduce a two-year lobbying ban on former ministers, senior political aides and deputy ministers and a two-year prohibition on all lobbying activities for people convicted of violating the Lobbyists Registration Act. They establish clear reporting responsibilities, in- cluding monthly disclosure obligations for lobbyists, employers of in-house lobbyists, and public officials. The Information and Privacy Commissioner is granted expanded powers to conduct investigations.

The amended act protects the public interest by ensuring that British Columbians have access to ade- quate information about who is lobbying public office- holders and in what context. The Members' Conflict of Interest Act is renamed the Conflict of Interest Act and sets out clear conflict-of-interest and post-employment rules for public officeholders. The amendments extend cu rrent conflict-of-interest laws to cover all government appointees. They also extend the two-year moratorium on former members of the executive council from accepting a contract or benefit from government to include deputy ministers.

Members of this House will recall the many com- mitments to openness and tr ansparency made by the government. Somewhere along the way, these princi- ples have been abandoned, much to the detriment of the integrity of this place and the interests of the people of the province of British Columbia. This act establishes a stronger, more open and transparent regime for the ethical conduct of lobbyists, public officeholders and former public officeholders in this province. I move that the bill be placed on orders of the day for second reading at the next sitting after today.

Bill M220, Accountability Act, 2008, 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. RESIDENTIAL TENANCY ACT AMENDMENT ACT, 2008 J. Kwan presented a bill intituled Residential Tenancy Act Amendment Act, 2008. J. Kwan: I move the bill intituled Residential Tenancy Act Amendment Act, 2008, be read a first time now. Motion approved. J. Kwan: I'm very pleased to introduce the Residen- tial Tenancy Act Amendment Act, 2008.

Since the 2010 Olympic Games were awarded to Vancouver, over 1,300 single-room-occupancy units have converted to other uses, displacing long-term low-income tenants in the vicious cycle of shelters, homelessness and tempo- rary living situations. The uncertainty of having a place to stay for those at the margins of society should be dealt with as a human right. The human right to adequate housing is clearly defined by Canada's signing of the optional international protocols such as the Covenant on Economic, Social and Cultural Rights.

Since SROs represent the housing of last resort, this bill seeks to amend the Residential Tenancy Act to pro- tect these units in this particular period. These SRO conversions have been the subject of the recent

section 1503 complaint by three civil society organizations. The Geneva-based Centre on Ho using Rights and Evictions supports tenancy protection prior to the hosting of mega-events. The Residential Tenancy Act Amendment Act seeks to address these concerns to level the playing field and to ensure that the public in terest always comes first. The principle underlying this bill is simple. It allows for rent protection for low-income tenants, for SRO residents, during this speculative period.

Every British Columbian should have the right to adequate housing, just as Miloon Kothari, the UN special rapporteur on housing, stated when he visited Vancouver in October of 2007. With that, I move the bill be placed on the orders of the day for the next sitting of the House after today. [1350] Bill M221, Residential Tenancy Act Amendment Act, 2008, 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. HOME INSPECTION ACT, 2008 D. Thorne presented a bill intituled Home Inspection Act, 2008. D.

Thorne: I move introduction of the Home Inspec- tion Act, 2008, for first reading. Motion approved. D. Thorne: It gives me great pleasure today to intro- duce a piece of legislation that will help homeowners across British Columbia. This bill provides greater consumer protection for those homebuyers by prohib- iting persons from inspecting a home without a licence and setting out the basic re quirements for obtaining such a licence.

The purchase of a new home is the largest transac- tion most consumers will ever make, and the quality and durability of a home is integral to the consumer's physical, mental and financ ial well-being. Few home- buyers have the technical knowledge for a complete assessment of a new home or homebuilder, particularly

13030 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 given the complexity of the current construction meth- ods and codes. B.C. homebuyers hire home inspectors to tell them if their new home is a good, solid investment. Unfor- tunately, because B.C. stil l has no home inspection regulations, anyone can clai m to be a certified home inspector. That's a very big risk for consumers. This bill will establish a home inspection board, which will be responsible for licensing home inspections.

The board will also establish standards for the education, training and experience requirements for home inspectors and adopt a code of ethics and standards of practice for licensed home inspectors. I move that this bill be placed on the orders of the day for second reading at the next sitting after today. Bill M222, Home Inspection Act, 2008, 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. Interjections. Mr. Speaker: Members. Statements (Standing Order 25

B) URBAN FOREST STEWARDSHIP INITIATIVE J. Horgan: I had the pleasure recently of meeting with Judith Cullington, Adam Taylor and Jeremy Guy of the urban forest stewardship initiative. Established by the Habitat Acquisition Trust, the UFSI is a partnership of individuals, organizations and government entities dedicated to conservation, restoration and sustainable use of greater Victoria's urban forests.

With an estimated popula tion increase of approxi- mately 33 percent over the next 20 years, our challenge will be to protect the living forests found in our com- munity, old-growth remnan ts, backyard fruit trees, urban parks and trail systems, Garry oak meadows and treed boulevards. The UFSI is aiming to increase the public awareness of the benefits of urban forests and the importance of implementi ng land use planning to promote the sustainable development of our region.

As little information existed on the amount of ur- ban forest within our region, a critical first step was to undertake a project to map the changes in tree cover and impervious surface area in greater Victoria. The goal was to start gathering quantitative data about the urban forests in our region, develop an estimate of the green infrastructure benefi ts provided by our urban forests and create a baseline that could be used to track future changes of the urban forest. The results of the mapping project revealed that between 1986 and 2005, from North Saanich to Sooke we lost 8 percent of our overall tree cover.

That's about 2,500 hectares, or six and a half times the area of Gold- stream Provincial Park. People in the capital region are increasingly aware of the role our urban forest plays in maintaining healthy and vibrant neighbourhoods. I would like to congratulate and thank the USFI for doing a magnificent job in providing a baseline to as- sist communities in making smart planning decisions now to ensure that our urban forests are there in the future. To find out more, I encourage all those watch- ing to visit www.hat.bc.ca and learn more about urban forest stewardship initiatives. WEST VANCOUVER YOUTH BAND J.

McIntyre: I'd like to pay tribute to a terrific fund- raising event last Saturday night on behalf of the West Van Youth Band. It's a non-profit society with a long, successful history in the community. Since 1931 it's been providing excellence in music education for young people nine to 19 years.

The graduates leave the program with a great appreciation of music, skill in playing an instrument and the experience of being part of this unique community band. [1355] The youth band actually added a very special touch to the Premier's announcement last July of the $500,000 Spirit Square award for the atrium in West Van's new rec centre, which will be the new home of the band, in an innovative private-public partnership. Last Saturday's big band cabaret and silent auction was held in the West Van arena. It was all decorated like a big nightclub. There was a huge dance floor and a stage for a 100-piece band.

They put on just a terrific performance. They had ev erybody up dancing their shoes off. They were accompanied by some great acts: the band Wednesday at Ernie's, a Blues Brothers act, and a stunning finale with Colin James — who, I have to add, is a constituent of mine. They ended the last set with a big band performance of Van Morrison's classic Into the Mystic. The parents and friends of the band members were all incredibly proud of a very professional per- formance, particularly by the soloists. Before I can even pay tribute to them and to Doug Macaulay, their talented music director and band leader….

He appeared on the front steps of the Leg. yesterday with the Vancouver Firefighters Band, lead- ing another great group of musicians. I just want to say hats off to Doug and a great team who worked count- less hours to showcase the talented West Van youth. It was a night to remember. ZAKLAN FARM H. Bains: In a world of escalating real estate prices, if your property is surrounded by new development, for most it is a dream come true. Most will sell or have it developed and retire to some beachside bungalow. Not George Zaklan.

The Zaklan family bought two ten-acre parcels of land in the 1920s from the Green Timbers forest re- serve. This property is now surrounded on all sides by

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13031 new development. It is litera lly a breath of fresh air to drive by this green space in the middle of residential houses and industrial buildings. The Zaklan family worked this farm for decades, pulling stumps and rocks and plowing fields so that they were able to raise animals and make a living off this land. Today when you drive by, you can still see cattle grazing and the original farmhouse, barns and outbuild- ings, which have been maintained perfectly.

The family has planted and nurtured many native trees on the prop- erty to enhance the area and benefit our environment. Despite George's intentions to continue maintaining this as farmland, our system in place will eventually force him out, and we will lose this green space. You see, Mr. Speaker, under our property assessment process each piece of property must meet the requirement to gain farm status. This land has two separate deeds. Back in the day, the property was one piece with just a cattle trail to access it. Today it is separated by 132nd Street, a very busy street in Surrey.

This makes it in- credibly difficult to transfer cattle to the west side of this farm. Therefore, under our rules there are higher taxes for that piece of land, which George may not be able to pay. In order to pay, he must turn part of his land into a revenue-generating entity or sell — in either case, the loss of farmland. I urge this House to work with farm- ers such as Mr. Zaklan and find a way to preserve small farmers in the urban areas. GORDON GREENWOOD ELEMENTARY SCHOOL BUMBLEBEEZ M. Polak: On Friday, May 30, Gordon Greenwood Elementary in Langley will gather to recognize a team of award-winning students.

Members of the Gordon Greenwood BumbleBeez will celebrate their return from the global challenge round of the Reading Link Chal- lenge, where they placed se cond ahead of teams from Kalamazoo, Michigan, and Seattle, Washington. The Beez worked hard to get to this international reading competition, where students from grades 4 and 5 are asked to read a selection of novels about which they must answer trivia questions designed to test their knowledge about the assigned books.

After winning the Langley districtwide competition, the Beez went on to beat out 266 teams in order to ad- vance to the global challenge round. As one of only two Canadian teams in the final, students Claire Bauer, Michelle Hong, Kaitlyn Lentsch, Breanna Owen, Colton Pearce, Jenny Song and Emmilee Wass celebrated their success by joining their first place counterparts from the Tri-Cities area to sing O Canada. I know that the school's namesake, the late school trustee Gordon Greenwood, would be very proud of t h i s i m p r e s s i v e p e r f o r m a n c e .

I a l s o k n o w t h a t h e would want us to acknowledge the invaluable leader- ship role of Ms. Smitty Miller, the literacy coordinator for the Fraser Valley Regional Library. Together with the dedicated teaching staff at Gordon Greenwood, they have made reading come alive for their students. It is a testament to the legacy of Mr. Gordon Greenwood that the trophy presentation for the Bumble- Beez team will take place at a memorial assembly in his honour. Please join me in congratulating the Gordon Greenwood Elementary BumbleBeez team. [1400] 100th ANNIVERSARY OF QUEEN ALEXANDRA ELEMENTARY SCHOOL J.

Kwan: Queen Alexandra of Denmark, born in 1844, was queen consort to Edward VII of the United Kingdom and Empress of India during her husband's reign. Prior to that she was the Princess of Wales from 1863 to 1901, the longest anyone has ever held that title. From 1910 until her death, she was the Queen Mother — being both the Queen and the mother of the reigning monarch, George V, of the United Kingdom — though she was more generally styled as Her Majesty Queen Alexandra.

It was in this era in this young province, long before seismic upgrading and the preservation of heritage values would become issues, that Queen Alexandra Elementary School was founded and named in her honour. This year is the 100th anniversary of this grade school, which has graduated so many in our constituency. It's located in the 1300 block East Broadway at the intersection with Clark Drive in East Vancouver.

The little one-room wooden schoolhouse on the northwest corner of Queen Alexandra School grounds opened its doors in September of 1908 as a division of the Vancouver–Mount Pleasant School, with Miss Caroline Baynes in charge of the 80 pupils enrolled that year. A class picture from that year showed little Hughie Bird, who became fire chief of the city of Vancouver. The main building of Qu een Alexandra was built during 1908 and opened in time for the 1909 school year. In 1933 children from the school joined the annual May Day parade to protest the high rate of unemploy- ment.

They marched all the way to Brockton Point in Stanley Park to hear speeches, and the banner of the school was in the papers the next morning. To this very day they still keep the progressive East Vancouver tra- dition alive. In 1948 a gymnasium and auditorium were added to the building. Today I would like to ask all members of this House to join me in wishing the students, the teachers, the parents and the alumni of Queen Alexandra School a happy 100th birthday. 911 SERVICE IN EAST KOOTENAYS B. Bennett: On the night of December 17, 2007, Tammy Lee Ellis was shot to death in her Cranbrook home.

Tammy's roommate witnessed that murder. She fled to another part of the House. She hid under the bed, and she frantically dialed 911 on her cell phone. To her absolute horror, she was unable to get through to the 911 dispatch centre. This tragic and incredibly unsatisfactory series of events led Don Michalsky, a bear of a man with an iron will and a superhuman dedica tion and the father of

13032 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 Tammy Lee Ellis, to take action. Mr. Michalsky is determined to honour his daughter's memory. He has been circulating a petition since December of 2007 that asks the provincial coroner to undertake an independ- ent inquiry into the death of his daughter and, in particular, to find out why 911 service was not there for the victims of that crime. Every day for the past five months, people from around the region have dropped off their petitions at my office in Cranbrook. Later this afternoon I'm tabling this petition with over 16,000 signatures, and Mr.

Michalsky tells me there are several thousand more signatures signed electronical ly and also on paper that he has not been able to get in to me yet. The sheer number of signatories to this petition illustrates the degree of anxiety over the reliability of 911 service where I live. I want to thank Don Michalsky for his perseverance in raising the profile of 911 emer- gency service in our area an d for his outstanding dedi- cation to the memory of his daughter Tammy. These are the people speaking — not the corporations, not the businesses, not the unions and not the political parties.

These are the people who are concerned about 911 service in the East Kootenay. I'm concerned as well. I have spoken in detail to the Solicitor General, who I have confidence in, and in that context I ask the government to ensure that we have 911 service in the East Kootenay that we can rely on. Oral Questions MRI WAITING TIMES IN INTERIOR HEALTH AUTHORITY C. James: Information produced by the Interior Health Authority and posted on their own website shows the government is failing to get a handle on un- acceptable MRI wait times.

The data shows there was absolutely no improvement for patients over the 2007- 2008 fiscal year. Can the Minister of Health explain why patients at Kelowna General were forced to wait up to 273 days for an MRI? [1405] Hon. G. Abbott: One of the things I'm very pleased to advise the Leader of the Opposition is that when we came into office, there were nine MRI machines in the province of British Columbia. Today there are 19 MRI machines. With respect to Interior Health Authority specifi- cally, when we came into office in 2001, IHA had one… Interjections. Mr. Speaker: Members. Hon. G.

Abbott: …mobile MRI to share across the Interior and north of Britis h Columbia. Today we have three MRIs in Interior Health — a 333 percent increase in the number of MRI procedures as a result of that. Interjections. Mr. Speaker: Members. Members. Leader of the Opposition has a supplemental. C. James: It appears the minister is just fine with the wait times for patients. Well, I can tell you that patients in Interior Health and across this province are not fine with the wait times that this government has. Let's take a look at some more numbers. The wait time in Kelowna was as high as 273 days for an MRI.

The Canadian Medical Association says the standard is 30 days. In Penticton the wait was 252 days — 222 days longer than the standard. We have hundreds of patients waiting for MRIs across the province, and after seven years of mismanagement, th e problem in the Interior Health region is worse than ever. So again to the Minister of Health: how bad does it have to get before he'll admit that his health care plan is failing? Hon. G. Abbott: That certainly goes to the division of labour in this House. They talk; we act. The year we took office — 2,585 MRI procedures.

Last year — and it will be higher again this year — 11,136 MRI proce- dures, a 333 percent increase. It was even larger, because they now have an MRI in Prince George where they never had one before — a 373 percent increase in the number of MRI procedures undertaken in the Northern Health Authority as a re- sult of the investment that this government has made. Interjections. Mr. Speaker: Members. Leader of the Opposition has a further supplemental. C.

James: I can't believe that the Minister of Health is standing up, faced with the kind of wait times that patients are faced with, and saying that everything is fine. It just fits with his ea rlier comment that he made a month or so ago that people are dreaming if they think they can fix health care. Well, we will fix health care, unlike this govern- ment over there. Let's take a look…. Interjections. Mr. Speaker: Members. Just take your seat. Interjections. Mr. Speaker: Members. Continue, Member. C. James: Let's see how proud the minister is of these waiting times.

Royal Inland Hospital in Kam- loops — 105 days for an MRI. East Kootenay Regional Hospital — 182 days for an MRI. Kootenay Boundary

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13033 Regional Hospital — 280 days. That's how long pa- tients are waiting and suffering, and all this minister does is deny, deny. Well, these aren't numbers. These are people. These are people who are waiting in pain, who are waiting to get back to work, who are waiting to get back to school, who are waiting to get on with their lives. Can the Minister of Health explain to these people how a 280-day wait is health care where and when you need it? Hon. G. Abbott: We're dedicated to continuous improvement in this area as well as every other area.

But we should also note that if you need…. [1410] Interjections. Mr. Speaker: Members. Hon. G. Abbott: If one needs an urgent or emergent MRI, it is done today in Interior Health and everywhere else in British Columbia. I know they don't like to talk about… Interjection. Mr. Speaker: Member. Hon. G. Abbott: …the past, but in 2001 we had a mobile MRI that toured around between Prince George, Royal Inland Hospital in Kamloops, Kelowna General Hospital and Cranbrook. It did the circuit around interior and northern B.C. Today it's three permanent MRIs in the Interior of British Columbia — first time ever.

We are going to be seeing hundreds of millions of dollars invested at Kelowna General Hospital, Vernon Jubilee Hospital and Shuswap Lake General Hospital. For the first time ever, we are going to have a CAT scan at Shuswap Lake General Hospital. We're constantly improving the system, unlike the opposi tion that can only talk about it. A. Dix: Hon. Speaker, you'd think that maybe, when the minister gets data like 252 days wait time for an MRI in Penticton… Hon. K. Falcon: Not for urgent cases. A. Dix: …273 days in Kelowna and 280 days in the East Kootenay….

You know, the Minister of Transportation says: "Not for urgent cases." I guess he's not waiting for an MRI. I guess he's not waiting in pain for an MRI. It's shameful. The Minister of Health talks about constant improvement. Period one, a year ago — an 84-day av- erage wait in Penticton, now 252 days. I guess his idea of continuous improvement… Interjections. Mr. Speaker: Members. A. Dix: …is different from everybody else's. Why doesn't he just get on with it? It's a scandal, the wait times for MRIs. It's 30 days in Ontario, but an 84-day average in British Columbia and in his own region, 250 days. Talk about it.

The Mi nister of Advanced Educa- tion made this diagnosis. I think it applies here. Maybe it's code red-in-the-face. Let me ask the minister: when is he going to get on with it and reduce wait times for MRIs in his own health region? Hon. G. Abbott: What's a scandal is the absolutely reckless and relentless fearmongering that this opposi- tion does on a constant basis around British Columbia — a constant basis. Nine MRIs…. Interjections. Mr. Speaker: Members. Continue, Minister. Hon. G. Abbott: Nine MRI machines when we took office.

In August we will celebrate the 20th MRI at the new Abbotsford regional hospital and cancer centre. I know that maybe these members have concocted some utopian vision about how things were under their leadership, but the facts don't lie. In 2001, 2,585 MRIs were done in Interior Health. Last year 11,136 — an improvement of 330 percent in that short period of time. The reason why we've had that improve- ment in that short period of time is because we made the investment. They talk; we made the investment. Mr. Speaker: Member has a supplemental. A. Dix: Well, the Canadian Medical Association…. Interjections. Mr.

Speaker: Members. [1415] A. Dix: The Canadian Medical Association says that the average wait time for an MRI is 30 days in Ontario. The Interior Health Authority…. Who does the Interior Health Authority report to? Does it report to the mem- ber for Vancouver-Kensington? No. Does it report to the Leader of the Opposition? No. It reports to the Minister of Health. What do they say about Kelowna General Hospital? Hon. Speaker, 210 days — is that more than 30 days? I think it's more than 30 days. The Interior Health Authority — what do they say? They report to the Minister of Health.

Penticton Regional Hospital — 323 days. Is that more than 30 days, hon. Members? You bet it's more than 30 days. It's outrageous. If you're waiting in pain, 323 days is outrageous. And the Minist er of Health is talking about an announcement in Abbotsford in four months.

13034 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 Why doesn't he get down to it in his own health region and do something about this scandalous situation? Interjections. Mr. Speaker: Members. Hon. G. Abbott: Again, more empty talk, more empty promises from an opposition that had ten years to deliver and delivered nothing in that ten years. You know, in addition to the increased number of MRI scanners that we have in the province, what we've also seen since 2001 is an increase from 16 CT scanners in 2001 to 47 CT scanners today. So what does that mean?

The members want to talk about the number of procedures. Again, we can listen to this empty rhetoric from the socialists opposite all day, but the facts remain the same — 240,000… Interjections. Mr. Speaker: Members. Hon. G. Abbott: …CT scans in 2001. Last year 389,000 CT scans — a 62 percent increase over that pe- riod of time. MAMMOGRAPHY SERVICES D. Thorne: Not only is there a shortage of MRI technologists, but a recent

article in the B.C. Medical Journal shows there is a serious shortage of mammo- graphy technologists as well. That shortage is affecting mammogram participation rates. Since 2005 the Canadian benchmark for participation rate among women between 50 and 69 years of age is 70 percent. Unfortunately, we are nowhere near that in British Columbia. In the East Kootenays, for example, participa- tion rates are as low as 30 percent. The problem is access.

My question to the Mini ster of Health today is: what is he doing or going to do to ensure that women right across this province have fair and equitable access to screening — screening that will save lives? Hon. G. Abbott: I thank the member for her ques- tion. I read the Vancouver Sun

article with interest, as I understand the opposition member may have this morning. I'm pleased to advise the member that we have a very, very good screening mammography pro- gram in the province of British Columbia. We are working with the Canadian Breast Cancer Foundation and other partners to make it an even better screening program in British Columbia. That is why we made an unprecedented $4 million investment over the past two years in the Go Have One campaign in partner- ship with the Canadian Breast Cancer Foundation.

This is a letter from the Canadian Breast Cancer Foundation, B.C.-Yukon regi on, and they note…. This is them: "In the first year of the campaign, we increased the number of women booking their mammograms for the first time by 10,677 women, or a 22 percent increase. Second year, a 24 percent increase in women booking for the first time — 11,724. Over the two years 46 percent more B.C. women now in the system — 22,401. Once they're in the system, we know they're there to stay." Mr. Speaker: Member has a supplemental. [1420] D.

Thorne: With all due respect to the minister, of course the number of mammograms is up, but not nearly keeping pace with the population growth and the need in British Columbia, as the waiting times say the numbers. The problem is not just rural; it's a suburban issue too. Wait times are deterring women in the suburbs from getting mammograms done. In Surrey the wait time is still up to 14 weeks. In Coquitlam — and I know this personally — it is over three months. In Burnaby, unbelievably, some women are waiting up to six months for a mammogram.

So if we want to improve participa- tion rates and save more lives, we obviously need to improve these wait times. Much more needs to be done than the minister is saying is being done. Again, I ask the Minister of Health: what will he do today to reduce these waiting times and save the lives of more women? Hon. G. Abbott: First of all, the member is confused between screening for screening purposes and mammo- grams for diagnostic purposes. There is no wait time in the province of British Columbia for mammograms for diagnostic purposes — none. There is none.

There is no delay for diagnostic screening processes in British Colum- bia. There is none. The members don't understand the distinction be- tween screening and diagnost ic purposes. If someone wants a screen for diagnostic purposes, they will get it immediately. If women are concerned, even though it's only for a screening purpose, and they want to get in earlier, the number to call is 1-888-GO-HAVE-1. The organization will ensure that regardless of where you live in British Columbia, you will get your screening done on a very prompt basis. Interjections. Mr. Speaker: Members.

TREE FARM LICENCE LAND REMOVALS IN INTERIOR B.C. B. Simpson: Tolko Industries in the Okanagan has indicated that they're going to be asking the minister to release their lands from tree farm licence 49 in the Enderby and Monte Lake regions. These are lakeshore properties, and the Central Okanagan regional district has already indicated that they have concerns about development on those properties. Will the Minister of Forests commit today that he will immediately begin consultations in the Okanagan

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13035 with the affected communities so that he does not repeat the mistakes made on Vancouver Island? Hon. R. Coleman: Under

section 39.1 of the Forest Act, companies are entitled to ask the minister to have private forest land returned to private forest manage- ment. They're allowed to do this. When a request comes through, it will be processed accordingly. Mr. Speaker: The member has a supplemental. B. Simpson: That's why yesterday I tabled a 2,500- signature petition in this House asking for this minister's resignation — for that exact reason. He persistently fails to protect the public trust in these land transactions.

As a result of pressure from the opposition and the people of Vancouver Island, and of an Auditor General's investigation, it appears the minister is doing some kind of consultation in the Pope and Talbot tree farm licence land releases in the Kootenays. That consultation involves PricewaterhouseCoopers, the monitor for Pope and Talbot's bankruptcy deal. The private lands are already sold. It's on the webpage. There are documents there that say those lands are already sold. What is the point of consulting with those communi- ties on lands that have already sold?

What is the minister attempting to do in the Kootenays — kid the people that he's actually consulting with them? Hon. R. Coleman: If you do a little more research, you will find that the sale is subject to the removal from the tree farm licence. [1425] GOVERNMENT RESPONSE TO TREE FARM LICENCE LAND REMOVALS S. Fraser: So we've got an after-the-fact consultation process after the lands are removed from the tree farm licence — sort of a postmortem or an autopsy on disas- trous Liberal forest policy. That's great. I've got to tell that to the people in Port Alberni.

This Liberal government has given away over 500 square miles of valuable timberland just on Vancouver Island. Liquidation forestry is the name of the game here. This is raw log exports, job loss — the works. Do the forest communities and the first nations on Vancouver Island…? Did they also get an opportunity to engage in a postmortem of the disastrous land give- aways on Vancouver Island? Hon. R. Coleman: This isn't a postmortem. The lands have not been removed. Mr. Speaker: Member has a supplemental. S. Fraser: Well, there seem to be some contradictions here, and that's not good enough.

I asked this question of the minister. The minister has no consistency…. Interjections. Mr. Speaker: Members. Continue, Member. S. Fraser: The minister has no consistency in poli- cies here. There's no plan at all. The forest land give- aways have been devastating on Vancouver Island to first nations and to forest communities, and they've led to watershed destruction and job losses — you name it.

Will the minister offer the same opportunity — this is an after-the-fact opportunity for these communities and first nations on Vancouver Island — to have a postmortem of the damage done by those land remov- als by this government? Hon. R. Coleman: Statutory decisions have been made. We will not go back on the process. Those are complete. The ones on TF L 23 in the Kootenays are having some process to them. There's no removal of those lands from the TFL as yet. J.

Horgan: Well, after ignoring community groups, local governments and first nations in my community, I'm heartened to hear that the minister is having a re- versal of fortune, and he's going to discuss ripping lands out of tree farm licences in the Kootenays. My question to him is similar to the one from the member from Port Alberni. Will the Minister of Forests come to my community and talk to first nations, talk to community groups, talk to displaced forest workers and explain to them how giving a gift to Western Forest Products has somehow revitalized forestry on Vancou- ver Island? Hon. R.

Coleman: The member brought up this issue in the House a while back, as he knows. As we came through the process with regards to the Western Forest lands, there was initially no public response with regards to the removal. It was when some of those lands were put up for sale, about eight or nine months after the fact, that the public got excited about it and we were hearing about it. So when I had the conversation with the member on this one, and as we were coming through this and at the same time…. Interjections. Mr. Speaker: Members. Hon. R.

Coleman: I said that we would add some public meetings with regards to any future TFL remov- als, and that's what we've done. Mr. Speaker: Member has a supplemental. J. Horgan: Well, it's certainly disingenuous of the minister to say there was no response. There was no response because the minister stood in this House and said that the land would remain in forest production. The opposite has happened. The regional growth strategy for southern Vancouver Island has been

13036 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 thrown out the window. Hundreds of thousands of people are now questioning how we're going to de- velop, how we're going to grow, how we're going to deal with climate change in the Premier's brave new world. The Minister of Forests sits and says that no- body cares. Nothing could be further from the truth. Will the minister come to Jordan River and speak to community members, speak to first nations — the Beecher Bay band — for the first time and say: how are you going to fix this? [1430] Hon. R. Coleman: We believe in private property rights, and you don't.

You don't believe that people should…. Interjections. Mr. Speaker: Minister, just take your seat for a second. Continue, Minister. Hon. R. Coleman: These were private lands that were in a TFL. The statutory decision…. Interjections. Mr. Speaker: Continue, Minister. Hon. R. Coleman: The statutory decision was made in January of 2007 with regards to the ones that the member opposite is talking about. With regards to the ones in TFL 23, the process is still ongoing. A decision will be made one way or the other at the appropriate time, after the process and a recommendation is brought back by my staff.

GOVERNMENT SUPPORT FOR FOREST WORKERS C. Trevena: I think this minister doesn't realize that we believe in the public interest and want to protect the public interest, and this government does not. Despite repeated efforts by the CEP from the Tim- berWest mill in Elk Falls and Campbell River, the For- ests Minister never supported them in their attempt to get a buyer for their viable mill and save more than 270 jobs. Once again the minister didn't do his job. Now the workers at Catalyst pulp mill are losing their jobs, de- spite the hottest pulp market in decades. This didn't have to happen.

The Ministry of Forests round table is supposedly coming back to Campbell River. Since the Minister of Forests will be in the city sometime soon, will he com- mit today to have a special meeting with all the laid-off workers in the city so he can explain to them directly why he didn't show the leadership needed to save their jobs? Hon. R. Coleman: Maybe you will start by also telling the workers in Campbell River the truth. The fact is that you as an opposition might decide to quit being disingenuous with regard…. Interjections. Mr. Speaker: Members. Hon. R.

Coleman: Why don't you mention the fact that there's a sub-prime mortgage problem in the United States? Why don't you mention the fact that the dollar has gone up by 15 cents in just a little over a year and a half, which has taken $130 million per penny out of the forest sector? Why don't you tell them the truth about the fact that…? The reality is that the housing market is in a tank in the United States. Mr. Speaker: Minister, I would advise you to just choose your words a little bit more carefully. Hon. R. Coleman: I agree, Mr. Speaker. Thank you. Why don't you actually let the people that…?

I have met with forest workers across British Columbia. They actually have been through cycles before. They under- stand this. You go out there, and all you do is spew negativity towards forestry and forest workers and their future in the province of British Columbia, and we're not going to do that. Mr. Speaker: The member has a supplemental. C. Trevena: This minister has let down the workers in Campbell River. He made promises to them which he didn't live up to. Every time he speaks or acts, he again shows why he shouldn't have this file. My supplemental is to th e Minister of Economic Development.

Interjections. Mr. Speaker: Members. C. Trevena: The Minister of Economic Develop- ment stated that Mackenzie is getting a special team to make sure that the federal money for forest workers will "flow as fast as possible for the benefit of individ- ual forest workers." Instead of picking winners and losers, will the min- ister commit today that all impacted communities, in- cluding Campbell River, get this special treatment? Hon. R. Coleman: It was the leadership of this government and under this minister that a pulp mill in Port Alice was actually put back into operation and to work.

Do you know how that was accom- plished? Interjections. Mr. Speaker: Members. Just take your seat, Minister. Members. Continue, Minister.

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13037 Hon. R. Coleman: That was accomplished by get- ting together the parties that had an interest in the mill, working through the issues for them… Interjections. Mr. Speaker: Continue, Minister. [1435] Hon. R. Coleman: …environmental and other issues, and speaking to investors — exactly what is actually going on in two of the closed pulp mills in British Co- lumbia today as we try and attract investment into those particular operations for the future of British Columbia. [End of question period.] S. Fraser: I'd like to present a petition. Mr. Speaker: Proceed.

Petitions S. Fraser: I have a petition from thousands of British Columbians again urging the government to move ahead with safe antifreeze legislation to protect the environment. This brings it up to over 30,000 — over 300,000 if you in- clude the various organizations that support this. Tabling Documents Hon. R. Thorpe: I have the honour to present the B.C. Assessment annual report for 2007 and the audited finan- cial statements for the period ended December 31, 2007. Petitions J.

Horgan: I'd like to table an electronic petition signed by 1,436 residents urging the government to revisit its misguided decision to remove forest lands from tree farm licence 25, which will affect forestry jobs, reduce recreation opportunities and lead to run- away development on the rugged west coast. B. Bennett: I'm presenting a petition from over 16,000 residents of the East Kootenay in relation to 911 emergency service in the East Kootenay. J. Kwan: I rise to table a petition that contains ap- proximately 1,500 signatures.

It calls on the government to adopt the 23 recommendations of the inner-city inclusivity housing table that was tabled in March of 2007, including the building and construction of 3,200 units of affordable housing, raising welfare rates by 50 percent and ending the barriers that keep people in need from accessing welfare. Tabling Documents Hon. J. van Dongen: I rise to table a letter from the chairman of the board of directors of the B.C. Lottery Corporation. Mr. Speaker: Members, leave has to be granted to present that. Leave granted. Petitions N.

Simons: I would like to present a petition from residents of the Powell River region who are concerned about the meat regulations an d the impact on farmers. I'd like to also present a petition from members of the Powell River region who are concerned about the cost of having to travel on the ferries to go buy meat. R. Austin: I'd like to present a petition with 93 sig- natures of people living in northwest B.C. opposing the development of coalbed methane in the Sacred Head- waters of the Nass, Stikine and Skeena rivers. D. Chudnovsky: I have a series of petitions.

The first one is from 2,782 British Columbians who are concerned about the government's failure to deal with the home- lessness crisis. The second is from 60 residents who are looking for an increase to welfare and minimum wage rates and concerned about the lack of resources for social housing. The third is from 25 residents concerned about the minimum wage and the low welfare rates. K. Conroy: I seek leave to make an introduction. Mr. Speaker: Proceed. Introductions by Members K.

Conroy: I'd like to introduce, acknowledge and thank, actually, our legal co-op student Karalyn MacWilliams for all her drafting assistance with all of our private members' bills. She's done an excellent job. On behalf of all of us in opposition, I'd like to thank her. Tabling Documents Hon. C. Taylor: I have two reports to table: first of all, the revised

schedule I for fiscal year ended March 31, 2008. Second, pursuant to the Financial Administration Act, I'm pleased to present reports for the fiscal year ended March 31, 2008, on all the amounts borrowed by government and all the amounts loaned to government bodies. These reports provide an overview of the prov- ince's borrowing activity, fiscal 2007-2008. [1440] Hon. O. Ilich: I table the 2007 annual report for the Labour Relations Board. Reports from Committees R. Fleming: I have the honour to present the first report of the Select Standing Committee on Public Ac- counts for the fourth session of the current parliament.

13038 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 I move that the report be taken as read and received. Motion approved. R. Fleming: I ask leave of the House to permit the moving of a motion to adopt the report. Leave granted. R. Fleming: I move that the report be adopted. This report relates to the retention and disposal of government records. It summarizes the committee's review of nine resolution s for record retention and disposal authorities presente d to the Public Accounts Committee by the public documents committee. The public documents committee reviews each year the records retention

schedule created by the line minis- tries and central agencies according to the legal, opera- tional and financial obligations inherent in the records. If the records have long-term value to the corporate government, then the publ ic documents committee recommends the retention by the government archives. If their value is limited, the public documents committee recommends that the records be kept in ministry stor- age for a period of time and then, once the obligations have lapsed, be confidentially destroyed. Under

section 3 of the Document Disposal Act, the Legislative Assembly is required to approve the destruc- tion of government records on the recommendation of the Public Accounts Committee. Motion approved. Orders of the Day Hon. M. de Jong: In this chamber I call continued committee stage debate of Bill 33, the Miscellaneous Statutes Amendment Act, and in

Section A, Committee of Supply — for the information of members, continued estimates debate for the Ministry of Health. [1445] Committee of the Whole House MISCELLANEOUS STATUTES AMENDMENT ACT, 2008 (continued) The House in Committee of the Whole (Section

B) on Bill 33; S. Hammell in the chair. The committee met at 2:46 p.m. The Chair: We will go to sections 14 through 28, as they had been deferred. On

section 14. B. Simpson: I appreciate the opportunity to take a look at these sections. The first

section is an amend- ment to the Forest Act,

part 10,

section 127. For the record I just want to be clear — because sometimes it's hard to tell whether I've got the current version of the bill in front of me — on the actual act that this is being substituted for. The current version I have says: "Unless exempted under this Part, timber that is harvested from Crown land, from land granted by the government after March 12, 1906 or from land granted by the govern- ment before March 12, 1906 in a tree farm licence area, and wood residue produced from the timber, must be (

a) used in British Columbia, or (

b) manufactured in British Columbia into wood products to the extent of manufacture specified by regulation." Is that what we are removing from the act and replacing, or adding this to that section? Hon. R. Coleman: We're not touching that section. We're adding to it. B. Simpson: That's what I meant. I misspoke in my statement. This is an addendum to that.

Section 127.1 is what we'll be adding to it. This clause is with respect to people attempting to remove from British C o l u m b i a t i m b e r t h a t i s harvested from Crown land or the land granted after March 12, before March 12, and wood residue, unless the timber wood residue is exempted. What's the need for this to be added? If the minister could give us an example of why we have to add this into the act. Hon. R. Coleman: As I understand it, under the present

section 127 it's when it leaves the province that we can enforce. This actually allows us to enhance our ability to enforce export restrictions by providing clear authority to sanction persons who attempt to circum- vent export restrictions in cases where the attempt is discovered within the province. B. Simpson: Again, I'm going to have to admit my ignorance here and ask for mo re clarification. I get the minister's point. The existing section, he indicated, is after it leaves the province, and this

section allows the minister to intervene in-province. [1450] If I understand the minister correctly, if someone is caught in the attempt or suspected of attempting to remove logs or wood residue from British Columbia, then we can intervene now.

Whereas the way the act is just now, you have to actually have proof that it's already left. Is that what the minister is saying? Hon. R. Coleman: That's correct, Madam Chair. B. Simpson: Is there an accrual of circumstances? Is this something that's happening more and more? Do we need to have more leverage and need to clarify it so we can catch people in the act, so to speak? Is this a circumstance that we're trying to address that's real and emergent and growing?

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13039 Hon. R. Coleman: No, it's not because something is happening more and more. But we did do an enforce- ment audit in the Vancouver port and found some wood that had gone throug h customs but hadn't left yet. Although we still use this

section of the act, it be- came clear at that time that we needed to amend the legislation to make sure we had the power really clear within the act to be able to do that. B. Simpson: Again, just so I'm clear, the amendment just puts in bullets the descriptors of the material coming off of British Columbia lands. In

section 127.1(a)(ii) and (iii), are those effectively now designated private lands? Or are these some of the lands that would have been released on the Vancouver Island releases and the kinds of things that we've discussed today? Just so I'm clear that that's what we're talking about. There will be lands now that predominantly are outside of tree farm licence s and are designated as de facto private lands and subjected to federal restrictions on log exports. Is that correct? Hon. R. Coleman: Private lands that are in tree farm licences are governed by this.

Private lands that are not in a tree farm licence are governed under the federal statute. [1455] B. Simpson: So the few remaining portions of private lands in tree farm licences like the one we canvassed today with TFL 49 and TFL 23 would come under this as long as they are still in those tree farm licences. But if the minister released those lands, like the Vancouver Island lands, they would then not come under this amendment. Is that correct? Hon. R. Coleman: So land t hat wou ld be i n a tree farm licence granted by government pre-1906…. Let me get this straight.

Anything granted by government after March 12, 1906, that is private land is still governed under the provincial statute. Pre-1906 is governed under the Notice 102 provisions, under the federal statute, when it's in private hands if it's not in a tree farm licence. Today there would be about 11,000 hectares left in that sort of category in B.C. B. Simpson: As opposed to the well over 100,000 that were there pre-2004 — almost 200,000, I think, is what it was. Again just for the record. The lands that have been released by the minister and his predecessor, and the potential lands that will be released….

They get then excluded from provincial government oversight, whether it's under this amendment or the

section 127 that's already in the act. Part of what the government does when they re- lease those lands is release them from the provincial government oversight, and th ey release them from this new legislative authority with respect to attempting to remove materials from those lands. Is that correct? Hon. R. Coleman: Yeah, that's correct. Any export of anything off of those lands is governed by the fed- eral statutes. B.

Simpson: With respect, just for clarity, when the lands are removed and come out from under this new authority that's been grante d, does the federal govern- ment do compliance and enforcement on their Notice 102 restrictions? Or is it st ill provincial compliance and enforcement? Is there a memorandum of understand- ing there? Who actually does the work of enforcing the constraints on log exports on those lands that have been removed? Hon. R. Coleman: My staff that are here don't have the answer to that questi on, with regards…. Because it's the legislation, it would have to be someone in the ministry.

So we'll endeavour to get you that answer. We think that probably the federal do their own en- forcement, and we do ours. But there may be a rela- tionship between our C-and- E guys and them, which I wouldn't be surprised. B. Simpson: We would appreciate that clarification. It is a question that we are being asked. So if that could be clarified by way of e-mail or something. Then just a final question on this section: will this add additional burdens to compliance and enforcement? We canvassed compliance and enforcement very briefly in estimates.

There were concerns raised about the level of staffing capabilities in compliance and enforcement, especially with respect to promises made under FRPA, that there would be an increased compliance and enforcement regime to make sure the results-based approach actually works. We're now adding another potential contravention, or clarifying the contravention, to catch it earlier. [1500] Will we be doing an increased compliance and enforcement in the early days of this coming into being to make sure that we understand what's happening and can start nipping things in the bud if there are problems with it? Hon. R.

Coleman: It won't add any extra burden to our people. It just clarifies what they can do while they're out there already. Sections 14 and 15 approved. On

section 16. B. Simpson: With the minister's permission, I have some general questions about this whole range section. What we're going to do now is go through to…. I be- lieve it's

section 24. Sections 16 to 24 are range in the Forest and Range Practices Act, and it's clarifying some issues around range — compliance and enforcement, range plans. If I could ask some general questions, then we can maybe do this as a block and move on. I don't have specific questions, necessarily.

13040 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 My understanding is that this

section of Bill 33 was originally included in Bill 8, which we debated previ- ously in the House, but was pulled from Bill 8 and is now coming in, in this bill. Is that correct? Hon. R. Coleman: Yes, that's correct. B. Simpson: What was the reason that it was pulled from Bill 8 in the first place? Hon. R. Coleman: The reason it was done is because the B.C. Cattlemen and the stakeholders asked for more time to do a bit more consultation with the ministry as we developed this part of the legislation. B. Simpson: That's my understanding as well.

It caught some folks by surprise in a last-minute conference call or some last-minute consultation, so it was delayed. Would the minister comment as to the satisfaction of the B.C. Cattlemen's Asso ciation with this

section now? Were their concerns addressed, and does this

section now satisfy the original concerns they had, which caused it to be pulled out of Bill 8? Hon. R. Coleman: Yes, it does. There are also two House amendments. So when we do these sections, because we're going to have a general discussion about all of them, let's make sure we stop at the right

section for the House amendment. The House amendments are also a result of that consultation. B. Simpson: So there are a couple of other amend- ments here as a result of that consultation that didn't make it into the original document. Again, part of what the B.C. Cattlemen's Associa- tion was doing and part of where I think things got disconnected a little bit is that the B.C. Cattlemen's Association was conducting a consultation process on range management. It's entitled Improving Range Man- agement Under the Forest and Range Practices Act: Issues and Recommendations . The report was authored by J.

Brian Nyberg. It's dated February 2008. There are a host of issues in here — a big compo- nent to do with range stewardship plans, the role of compliance and enforcement, etc. [1505] The feedback I've been given is that this

section still does not address a fundamental problem that the cattlemen have with these range stewardship plans. That is, we're trying to make range stewardship plans align with forest stewardship plans — that timber type of a pre-eminence. The focus is on mak- ing those two plans look as closely as possible for compliance and enforcement t o h a v e a n e a s i e r j o b enforcing both range stewardship plans and forest stewardship plans, because the same C-and-E officers have to enforce the compliance with those plans and with the act. I'm being told by folks that this still does not address that.

It still does not clean that up. In fact, there are clauses throughout here that state categorically that this is creating consistenc y with forest stewardship plans. The B.C. Cattlemen's Association may be signing off on this.

But is the mini ster getting feedback from other cattlemen who are actua lly trying to put in range stewardship plans and who have the continued con- cern that what we're doing is setting up a timber-like forest stewardship plan approach for range when what we in fact need is much more clarity in the act to recog- nize the issues of range-invasive plants, wayward cattle — all kinds of things that they need to try and capture in their range stewardship plans — and that doesn't fully satisfy the needs of the range licensees for their desire to get unique range stewardship plans under the Forest and Range Practices Act?

Hon. R. Coleman: Actually, in every area I've been with the round table — I think at about eight or nine of them — there has been a cattlemen's representative at them. They haven't brought th at up as an issue. The biggest concern is the loss of forage for their cattle in the forest, it seems, for most of them. But all of these amendments give basic legal struc- ture for the plans. That's what they do. We recognize the difference, and we've worked with the B.C. Cattle- men on that thing.

That's why, once we get the legal structure in place, the deve lopment of regulation will be made in full consultation with them to make sure it relates back to plans that have focused more or recog- nize the difference between the range plan and the FSP-type plan. B. Simpson: Well, the Nyberg report is pretty ex- plicit about the issues arising under the FRPA legislation that I'm being told this does not address.

Again, for the record: "One of the issues is that forestry plans and opera- tional activities sometimes do not adequately address range resources and the rights to forage that are granted to holders of agreements under the Range Act. "The FRPA model was largely designed for major forest licences and may not be a good one for the ma- jority of range licensees. Range stewardship plans are of uncertain value and are widely seen as providing no advantage to either ranchers or government as compared to the older range use plans.

Vague word- ing of the objectives set by government for range may cause problems both for government and range li- censees. "They don't have formal and informal dispute resolution processes that work well, and the FRPA leg- islation and business practices are complex, difficult to understand and add unnecessarily to administrative burden for ranchers and government staff." There's a certain irony to that problem, because what the government was supposed to be attempting to do was streamline the legislation, streamline the process and get the administrative burden off of licence holders.

Instead the ranchers are saying that's not the case; the reverse is true. So my question to the minister is: if these are not being addressed in this legisl ation, does the legislation give sufficient freedom to th e minister to address them

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13041 in regulation? Is that what the minister was meaning by his last comment? Hon. R. Coleman: Yeah, that's what it does. It puts a legal foundation in place, but we do have the flexibil- ity in terms of the range stewardship plans to work with the cattlemen and devise something that's more streamlined and works better for them. [1510] B. Simpson: One last question on this as a general question, and then we can go into the sections that the minister needs to put amendments to. Because the government has undertaken this re- view of the Forest and Range Practices Act with respect to range, and as the minister 's contention is that this

section of changes to the act will enable him to make the adjustments necessary that came out of the Nyberg report, will there be a follow-up consultation process at an appropriate time to make sure that these recom- mendations in this fairly extensive and useful report have in fact been achieved? Will we close the loop and make sure we get out and consult with these range holders to make sure that we did achieve their desires through both the changes to the legislation and the regulation that will follow? Hon. R. Coleman: We're going to go out and con- sult with regards to the development of the regs.

It's quite possible that in the future, as we develop the regs and as we deal with the Nyberg report going forward, there may be additional legi slation after consultation with the industry. Not everything in the Nyberg report necessarily works for us, but it's certainly a foundation to work on with the cattlemen with regards to the future of the cattle industry. Basically, we'll consult on the regs, make sure they adapt and be flexible for them. Then going forward, the continued consultation with the cattlemen will be ongoing. Sections 16 to 22 inclusive approved. On

section 23. Hon. R. Coleman: I move the amendment to

section 23 standing in my name on the orders of the day. [SECTION 23, by deleting the text shown as struck out and adding the text shown as underlined: Minor amendments to range use and range steward- ship plans 40

(1) Despite

section 37 (1) or (1.1) and unless other- wise prescribed, an approval is not required to amend a range use plan or range stewardship plan if its holder determines that (

a) the proposed amendment (

i) to a range use plan (

A) conforms to

section 33 or 34, which- ever is applicable, and (

B) does not materially change the strategies specified in the plan, or (ii) to a range stewardship plan (

A) conforms to

section 35, and (

B) does not materially change (

I) the strategies actions specified in the plan to deal with the is- sues identified by the minister under

section 45.2, or (II) the intended results or strate- gies specified in the plan, or (

b) the proposed amendment conforms to pre- scribed requirements.

(2) The holder of a range use plan or a range stew- ardship plan must provide the district manager with a copy of the amendment as soon as practi- cable after it has been incorporated in the plan.

(3) The minister may take action in accordance with the regulations if he or she considers that the de- cision under subsection (1) was wrongly made.] On the amendment. Hon. R. Coleman: The amendment harmonizes terminology of this

section with similar language found in the provisions elsewhere in the act that deal with range use plans and range stewardship plans. B. Simpson: If I could just ask the minister to give some more clarification. Again, we've had this pulled from Bill 8. We've had it inserted into Bill 33. We're now making another amendment to it. What are the circum- stances that have forced ye t another change to some- thing that was already in the works a couple of times? [1515] Hon. R. Coleman: This is a direct request from the cattlemen. Subsection (

I) of this

section used to read: "the strategies specified in the plan to deal with the issues iden- tified by the minister under

section 45.2." They didn't like the word "strategies." They asked us if we would consider changing it to "actions" as part of the consultation process. After they'd seen the act, they wanted us to change that one word. We're fine with it, so that's why it's here. Amendment approved.

Section 23 as amended approved. On

section 24. Hon. R. Coleman: I move the amendment to sec- tion 24 standing in my name on the orders of the day. [SECTION 24, by deleting the text shown as struck out and adding the text shown as underlined: Compliance with plans 45.1

(1) The holder of a range use plan must ensure that the strategies describedactions specified in the plan are carried out.

(2) The holder of a range stewardship plan must ensure that the (

a) actions specified in the plan are carried out, and (

b) intended results specified in the plan are achieved and the strategies described in the plan are carried out.

13042 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008

(3) Despite the expiry of a range use plan or a range stewardship plan, subsection (1) or (2) continues to apply to the holder of the expired plan if, in relation to any action, result, strategy or other provision of the plan that was in effect immediately before the expiry of the plan, there is no provision in another plan, applicable to that holder for the same area to which the ex- pired plan applied, that is identified as being a replacement for the action, result, strategy or other provision.

(4) For the purpose of the continued application of subsection (1) or (2) required by subsection (3), a range use plan or a range stewardship plan may be amended as if unexpired.] On the amendment. Hon. R. Coleman: This amendment harmonizes the terminology of this

section with similar language found in the provisions else where in the act that deal with range use plans and range stewardship plans. B. Simpson: Again, as I understand the minister's comments on the previous amendment, this is the same thing. It's exchanging "strategies" for "actions." I did have a quick question under this one. It's more for my own edification. On 45.1(3), when a range use plan expires, it seems like there's some extended li- ability to the range use holders. If the minister could give me an explanation of that. Is it in fact an ex- tended liability to the range use holders?

Is that new, as a result of this amendment — so not the amend- ment we're amending but the sense of what it is we're doing in this case — t o t h e F o r e s t a n d R a n g e Practices Act? Do we have a similar extended liabil- ity under forest stewardship plans as we have in these range plans? Hon. R. Coleman: Yeah, we do have a similar one under the forest stewardship plans. Basically, this pro- vides that range obligations and plans remain in effect beyond the expiry of the plan.

This provides for opera- tional continuity when replacing a plan by allowing the plan holder to continue working under the expired plan until a replacement plan is approved. Amendment approved.

Section 24 as amended approved. Sections 25 and 26 approved. On

section 27. B. Simpson: If I can get a clarification from the minister before I ask questions on this. The explanatory notes for

section 27 say — and this is a change to the Forest and Range Practices Act,

section 122: "…clarifies when the board becomes auth orized to audit or inves- tigate compliance of persons acting for or at the direc- tion of a party if the party's own compliance is not in issue as a result of due di ligence…." Is the board here the Forest Practices Board? Is that the reference? Hon. R. Coleman: Yes. B. Simpson: Thank you for that clarification. Could the minister please give a broader explanation?

Again, it's one of these th ings where the amendment is making a very minor change, but the implications of the explanatory note may be that the change is more sig- nificant, because it's adding a due-diligence defence in advance of the complaint being investigated. That's what it seems to me. Due diligence as a defence is nice to have in the case of safety or infractions when you're actually in the court system, when the complaint is being investigated either judicially or through a governing body.

But you still have to show that you have done your due diligence, and you have to provide your proof of due diligence. I t s e e m s t o m e t h a t w h a t w e ' r e d o i n g i s b e i n g presumptive of the existence of due diligence for the Forest Practices Board actually being able to initiate an investigation. If there's a presumption of due diligence, will that then stop the Forest Practices Board from being able to conduct investigations? Is that what this small amendment is actually doing? [1520] Hon. R. Coleman: I'll read another note into the record. It may help here. Basically….

"Section 122 of the Forest and Range Practices Act sets out the power of the Forest Practices Board to carry out audits and special investigations in respect of forest and range tenure holders and the appropriateness of government enforcement. Under

section 122(2), the board can also audit or investigate the actions of a person acting for, or at the direction of, a tenure holder in the special circumstances described in

section 122(b). "The amendment clarifies that the board can only audit or investigate that third party if the original audit or investigation was of the tenure holder and not of the appropriateness of government enforcement generally. This limits the circumstances in which a third party asso- ciated with the tenure holder can be audited or investi- gated to situations where the tenure holder's conduct is specifically at issue. The amendment is consistent with the government policy for this matter and resolves doubts that may have arisen as a result of a recent amendment to this section."

Section 27 approved. On

section 28. B. Simpson: I wish my brain wasn't as tired, being late in the session, but I will go and look at Hansard and see if I understand that. I appreciate the minister read- ing his explanatory note into the record for folks who may have a question here. On

section 28. Again, I thought we did a bunch of this work in Bill 8. So is this a tidy-up of something that is residual from Bill 8 or just another portion of the act? What it's doing, again, is to do with the rollover of

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13043 forest stewardship plans, and we canvassed that — whether that was an automatic rollover from five years to ten years, what the review process was, whether the public would be consulted, etc. This again is substituting "may grant one extension" for "may grant one or more extensions," but the ex- planatory note says "subject to an overall 10 year limit." My understanding is that th ese are five-year plans. So if I grant one extension of five years….

Five and five equals ten, so I'm not sure how you could grant one or more extensions that add up to ten the way that the plans are currently configured. Hon. R. Coleman: This allows for not exceeding five years, but if an extension of two was given, another ex- tension would be allowed for another two, but not to exceed five. So the maximum extension is five years. But if we extended the plan for two and then we wanted to do it again for another two, this allows us to do it as long as we stay within the five-year period. B. Simpson: I just want to clarify. I get what the minis- ter is saying.

An extension could possibly be for a shorter duration than five years, but the total extension that will be allowed would be a consecutive ten years for that one licensee to have a forest stewardship plan. Is that correct? [1525] Hon. R. Coleman: The total can't be more than ten, and the extension can't be more than five. If you have two smaller extensions, two and a half and two and a half add up to five, and you would have two exten- sions. This accounts for that flexibility. B. Simpson: Hopefully, the final one on this section. It was something that came to me after we canvassed Bill 8. Because this

section is in here, it allows me to ask the question. We canvassed at length the nature of the con- sultation that would be requ ired on the forest steward- ship plan at its five-year renewal date. Our concern was that it would be an automatic renewal. The minister indica ted that by regulation, it will be a renewal that requires public consultation and does require some feedback from the public. B u t w h a t s t r u c k m e i s t h a t i t g e t s c a p p e d a t t e n years. What will the process look like post–ten years?

If the forest stewardship plan gets approved at five years o r w h e n i t e x p i r e s , i t h a s t o g o t h r o u g h s o m e k i n d o f public consultation proces s again anyway. Then after the ten-year limit, will we be undertaking a completely new start to the forest stewardship plans? What's the thinking of government when you reach that ten-year mark? Do we start from ground zero again? Hon. R. Coleman: Yeah, it's a new application. Ob- viously, if they have a history and it's on the same land base, they should have the history that makes it more simple for them to make their application.

But it's a new application after ten years.

Section 28 approved. The Chair: Members, this concludes consideration of the deferred sections of the bill. Title approved. Hon. R. Coleman: I move that the committee rise and report the bill complete with amendments. Motion approved. The committee rose at 3:27 p.m. The House resumed; Mr. Speaker in the chair. Reporting of Bills MISCELLANEOUS STATUTES AMENDMENT ACT, 2008 Bill 33, Miscellaneous Statutes Amendment Act, 2008, reported complete with amendments. Mr. Speaker: When shall the bill be read as reported? Hon. R. Coleman: With leave, now. Leave granted.

Third Reading of Bills MISCELLANEOUS STATUTES AMENDMENT ACT, 2008 Bill 33, Miscellaneous Statutes Amendment Act, 2008, read a third time and passed. Hon. C. Richmond: I call committee stage of Bill 35, intituled Social Workers Act, in the hands of the hon. Minister of Children and Family Development. Committee of the Whole House SOCIAL WORKERS ACT The House in Committee of the Whole (Section

B) on Bill 35; K. Whittred in the chair. The committee met at 3:30 p.m. The Chair: Members, the committee will recess for a minute or two. The committee recessed from 3:30 p.m. to 3:31 p.m. [K. Whittred in the chair.] On

section 1. N. Simons: In

section 1 there are a number of defi- nitions, and throughout the act there's a reference to

13044 B RITISH COLUMBIA DEBATES W EDNESDAY, MAY 28, 2008 prescribed people. Is there a definition of "prescribed person" under the act? Hon. T. Christensen: B y v i r t u e o f i n c l u d i n g t h e word "prescribed," it means that it would be somebody set out in regulations, so th ere doesn't need to be an actual definition here in the

definitions section. N. Simons: The definition would be in the regula- tions. Maybe I'll get back to that when we discuss that further. So I'm fine on

section 1. Sections 1 to 8 inclusive approved. On

section 9. N. Simons:

Section 9 outlines the bylaws for regis- tration under the new Social Worker Act. Under para- graph (

b) there's a reference to "classes of registrants." I'm wondering if the minister can actually tell us what some of those classes would be and if that is a decision made by the board itself or if that is established through legislation. Hon. T. Christensen: What this would allow is for the college itself to establish different classes of regis- trants. They would do that on their own, and they would then make the argument to the minister as to why they felt it was necessary to have those different classes, because a bylaw under

section 9 is subject to approval of the minister. [1535] For example, it would be expected that the nature of the different classes would be based potentially on the nature of different aspects of social work. This doesn't obligate them to esta blish different classes, but it does provide that option to do so by bylaw. N. Simons: Are there other jurisdictions that use this type of classification within social work — what particular specialty they have? Is that a system used other places? Hon. T. Christensen: The answer is yes. There is the ability to differentiate between classes in other provinces.

But the legislative mechanism by which they do that may be different than what we've enabled here in British Columbia. We're enabling it for the college of social workers to do it by bylaw. In other jurisdictions it may be by virtue of the legislation itself or more than one piece of legis- lation. So the capacity is there to make the distinction elsewhere, but the vehicle by which you get there may be a little bit different. N. Simons: Can the minister explain how that use of the class of registrants system will influence practice? The purpose could perhaps be what I'm looking for. Hon. T.

Christensen: I need to correct an oversight. I have yet to introduce the staff I have here with me, and I apologize for that, be cause they are very ably helping with answering these questions. [1540] I'm joined by the assistan t deputy minister of in- tegrated policy and legislation, Mark Sieben, as well as the director of legislation, Leah Bailey. I'm thankful to have them here. I unders tand they were able to give the member opposite a bit of a briefing earlier in terms of some clarification around certain aspects of the act.

In terms of the last question, it is ultimately up to the college itself to develop what it believes would be the basis for different classes of registration. The expec- tation at this point is that the purpose of doing that would be to recognize a particular specialty, a special set of skills that a certain class of social workers would hold — really, to enlighten the public in terms of the fact that somebody has particular qualifications. For example, we could contemplate that in terms of a social worker dealing specifically with mental health or per- haps child welfare.

There could be a host of different opportunities there. It will really be up to the college itself to deter- mine where it believes that would be something that was positive in terms of serving the public best. N. Simons: Continuing on with subsection 9(1)(i). It reads: "…authorize a committee established under

section 8 (1) to determine if an academic program meets the requirement of paragraph (

h) of this subsection." Would this committee be responsible for assessing the value of programs interprovincially? Would they be looking at other programs across the country or in fact internationally? Would this committee for registra- tion under the college be responsible for looking at regulations in other provinces? Hon. T. Christensen: It's important that paragraphs (

h) and (

i) be read together. So what paragraph (

h) al- lows is for the college to establish the qualifications required for registration. In establishing a bylaw that sets out the qualifications to become registered as a member of the college…. That 's a bylaw that is subject to approval of the minister . Ultimately, if government believed that they were setting the qualifications far too high or far too low, we would be able to say, "No, we don't believe that the bylaw should be approved," and they would have to rework it. They set out the qualificat ions required to become a member of the college.

Then under paragraph (i), what the college is allowed to do is establish a committee of the college that would be entitled to review any par- ticular academic program to determine whether or not going through that academic program actually meets the qualifications set out by paragraph (h). The committee itself doesn't get to determine the qualifications. The committee can only determine whether a particular academic program enables a person to meet those qualifications.

Section 9 approved.

WEDNESDAY, MAY 28, 2008 B RITISH COLUMBIA DEBATES 13045 On

section 10. [1545] N. Simons:

Section 10 deals with the application of the college's bylaws. Subsection 10(3): "The minister may request the board to amend or repeal an existing bylaw for the college…." Can the minister explain under what circumstance that would ever occur? Hon. T. Christensen: What paragraph 3 in

section 10 really is directed towards is ensuring that there is ultimate oversight in terms of there being a legislative framework to allow for a self -governing profession. In applying that subsection (3), it would really be driven by

section 7, paragraph 3, of the act, which sets out the board's responsibilities, as well as

section 3 of the act, which sets out the objects of the act as a whole. N. Simons: Can the minister confirm that it is possible that the direction of government may be to encapsulate more than just registered social workers? Is it possible that by having that oversight on the college's decisions…? Is that any sort of an infrin gement, or is that something that is usual in these kinds of circumstances when there are independent colleges? Hon. T. Christensen: This is a standard power that is retained for government in respect of its relationship with most self-governing bodies.

I can't think of one offhand that it's not applicable to, in other legislation. It is a limited power, though, because government couldn't ask them to repeal or amend a b

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H0528pm 03
Type	hansard
Volume / chapter	H0528pm 03
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ed4f4c93f4e9199bdd727cb12bb8b7bda288ae60

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