British Columbia Hansard — Thursday, October 18, 2018 p.m. — Number 162 (HTML) (41st Parliament, 3rd Session) (20181018pm-House-Blues)
20181018pm-House-Blues
British Columbia — Debates (Hansard)
Third Session, 41st Parliament
(2018) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, October 18, 2018
Afternoon Sitting
Issue No. 162
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business
Introductions by Members
Orders of the Day
Second Reading of Bills
Bill 45 — Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018
Hon. C. James
S. Bond
N. Letnick
N. Simons
B. Stewart
A. Weaver
R. Coleman
Point of Privilege (Reservation of Right)
A. Weaver
Second Reading of Bills
Bill 45 — Budget Measures Implementation (Speculation and Vacancy
Tax) Act, 2018 (continued)
S. Thomson
S. Chandra Herbert
A. Olsen
J. Thornthwaite
THURSDAY, OCTOBER 18, 2018
The House met at 1:31 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
A. Weaver: To great fanfare, we celebrated the retirement of Libby Sorenson a few
months ago in this Legislature. Today it gives me great pleasure to welcome
her back in her new sessional role. I suppose she started a few days ago,
but today was the first time I’ve seen her.
Libby, I hope you enjoyed your summer break, and it’s wonderful to
have you back. It’s great to have you back in the House.
Would the House please welcome her with the same enthusiasm as we
wished her in her very short retirement a few months ago.
Orders of the Day
Hon. M. Farnworth: I call second reading debate of Bill 45.
Second Reading of Bills
BILL 45 — BUDGET MEASURES
IMPLEMENTATION (SPECULATION
AND VACANCY TAX) ACT, 2018
Hon. C. James: I move that Bill 45 be read a second time now.
This bill enacts the Budget Measures Implementation (Speculation
and Vacancy Tax) Act, 2018.
I’m so pleased to have the opportunity to stand in this chamber
and talk about Bill 45. As members in this House know, there’s been much
discussion about this bill, and I’m certain there will be much more
discussion to come over the next number of weeks as we debate this
legislation. People will recognize, as I go through my notes, that I
will speak about the bill as presented, and I will speak at the very end
about some discussions that took place today so that members are up to
date on that as well.
I’m so proud to speak to Bill 45 because it truly takes critical
steps in tackling one of the biggest challenges faced by people in
British Columbia. There isn’t a day that goes by that we — I’m sure all
members of this House — don’t hear from constituents or hear from the
public about people who are struggling to be able to buy a home, rent a
home, find a home.
We’ve seen the crisis grow and grow over the last number of years.
It began in the Lower Mainland but has expanded across to urban settings
and across to other parts of British Columbia. We saw, under the former
government, outside money flow into cities and suburbs, and houses
really became commodities — commodities to invest in, instead of homes
for people to live in.
Housing prices became completely disconnected from anyone’s local
income, and rental crises spiked while vacancy rates dropped to near
zero. We have a crisis, and “crisis” is not too strong a word to
describe the situation we face when it comes to housing in British
Columbia.
[L. Reid in the chair.]
Working and middle-class British Columbians can’t even imagine,
can’t even dream, of affording a home. Families are working harder. I’ve
talked to people who talk about good salaries, two working parents in
the family, and are still not able to find a home or an affordable place
to be able to rent.
[1:35 p.m.]
We have workers who are leaving our urban areas — and our
province, in fact — looking for places where they can afford a home.
Businesses can’t find the workers that they need to keep the economy
going. I’m sure others, again, have heard the same stories that I’ve
heard in our urban settings where you have businesses. I talked to a
restaurant the other day that’s looking at closing down on Mondays and
Tuesdays now because of staff, because they can’t find staff to work in
their restaurant. What does the staff tell them? They can’t find an
affordable place to live. They’re not able to live in the community that
they need to work in.
That has a huge impact on not only the individuals in the
community but, in fact, on the businesses and, therefore, on our
economy. If employers are recruiting people to work in their
businesses…. Again, I’ve heard this story often. They find someone who
is a perfect fit for a unique position in their company. Then the person
says that they’re keen to come, and they take a look at the real estate
page. When they take a look at the real estate page for one of those
urban settings, they decide that they can go somewhere else, make a fair
wage and not pay as much when it comes to housing. So I think, when you
take a look at the impact of affordable housing, the impact of
affordable housing is there, certainly for businesses and certainly for
our economy.
I also just want to mention the story that was in the Globe
and Mail earlier this week that talked about Jesse Kirkpatrick
and Jackie Myerion. This couple was living in a two-bedroom basement
suite in Surrey with their young children when they were given a month’s
notice that they had to move, vacate the property, so that the
landlord’s family could use the property, which the landlord is able to
do. The landlord was doing the right thing in giving them notice. But
Mr. Kirkpatrick said: “We were looking daily for houses to have a place
to live. I stopped working just so I could spend time trying to do that,
but we couldn’t find anything at all.”
This family ended up living with their children in a tent in an
East Vancouver park. This was a story from last week. They told the kids
they were camping, to try and convince the kids that it was nothing to
worry about, so the kids didn’t panic about living outside and being in
a situation like that. That’s why, again, I have to say that a crisis is
not too strong a word to describe the situation we’re faced with in
British Columbia.
Two weeks ago I was at an event in Vancouver, hosted by the Metro
Vancouver Alliance. It’s a group of organizations — social groups,
labour, faith groups — that come together to talk about issues that they
believe are important for their communities. One of the issues they
raised, of course, was housing and the crisis that we face in housing.
One of the young women at the event stood up and talked about what it
was like to have to move three times in a time period of nine months and
what that did to her life, to have to upend herself, to have to find
another place, the stress of going through and finding another
place.
She also talked about the fact that she stayed in a dangerous
situation with a roommate who, from her perspective, was a challenge and
created a dangerous situation. She didn’t have a choice but to stay in
that situation because she couldn’t find a place to rent. This was
someone who was working, who had the salary and couldn’t find a place
that she could afford.
I met two young women who are going to nursing school here in my
community. They’re living in a third-story suite in a house that’s been
renovated. The two nurses told me and showed me, in fact, and it was
obvious going up to say hello to them, that you went up a staircase to
the third floor that had no railings, missing parts of the staircase —
obviously a dangerous situation. We got to the apartment. They talked
about the challenges that they had in the apartment, the things that
needed fixing — plumbing, electrical.
They told me that they didn’t raise the issues with their landlord
because they were absolutely terrified that they were actually going to
be evicted and, therefore, wouldn’t be able to find a place to live.
Those are two people who are training to be nurses at a time when we
know we need employees in our province, and housing is the biggest
impact.
There is no question, in bringing forward this legislation, that
there is a crisis that needs to be addressed. There were opportunities
for the former government to act. There were opportunities to be able to
move on many of these pieces, but that didn’t happen. They let a
speculative real estate market drive up the prices, heat up the market
and cause the kind of crisis we see now.
[1:40 p.m.]
That approach is over. As a government, we have a responsibility
to act. A government is supposed to act on behalf of the people of
British Columbia. The people of British Columbia said housing is the
critical issue that needs to be addressed, and we are going to act as a
government.
We believe that the people who live and work in B.C. should be
able to find and afford a place to live. It’s a basic, basic agreement
with the people of British Columbia. That’s why we’re making the
single-largest investment in affordable housing in B.C.’s history: $7
billion over ten years. It’s why we increased and expanded the foreign
buyers tax, and it’s why we’re moving forward with the speculation and
vacancy tax.
We’re seeing some early, positive signs that the market is
starting to moderate, but this crisis isn’t going to be fixed overnight.
It’s early signs, and it’s not going to be fixed if we don’t continue on
with our 30-point plan to address the housing crisis.
The speculation and vacancy tax is a key piece of the work we’re
doing to make sure that homes are there for people, not simply for
parking money. It imposes a 2 percent tax on the properties of foreign
owners and satellite families to tackle speculation and offshore money.
It also creates a strong incentive for out-of-province speculators and
people who are sitting on empty vacant homes to put those homes on the
rental market or to sell them to add to the stock.
The tax also provides, through the revenue that comes in, a fund
to be able to build affordable housing initiatives in the areas that are
impacted by the housing crisis. Because when it comes to choosing
between supporting British Columbians struggling to afford a home and
real estate speculators, our government is going to choose British
Columbians each and every time.
Our government is standing up for the vast majority of British
Columbians who have been calling for action because they know the status
quo isn’t working.
I’d now like to take a moment to just walk through the details of
Bill 45 and the speculation tax. The bill contains 12 parts. Parts 1 to
4 set out the main components of the tax, including the geographic area,
tax rates, exemptions and tax credits.
Part 1 of the bill sets out
definitions and special rules for the
tax and specifies that the tax takes effect in 2018. It also sets out
that the tax will apply in B.C.’s core urban centres that are currently
experiencing near zero vacancy rates. This includes municipalities in
the capital regional district and most of Metro Vancouver. The tax also
applies to Abbotsford, Chilliwack, Mission, Kelowna, West Kelowna,
Nanaimo and Lantzville.
These sections also create look-through rules, which ensure that
the tax treatment of corporations, trusts and partnerships generally
depend on the individual who controls or benefits from the property that
these entities own.
Part 2 of the bill applies the speculation and vacancy tax to
owners of residential property in the specified areas that I listed. In
the bill that’s tabled, the tax is calculated as an owner’s share of the
property multiplied by the assessed value and by a tax rate of 0.5
percent, 1 percent or 2 percent, depending on the owner. For example, a
foreign owner who is subject to the 2 percent tax rate and owns 50
percent of a $1 million property will be subject to an annual tax of
$10,000 from 2018 on.
Madame Speaker, this bill is designed to ensure that the vast
majority of British Columbians do not pay the tax. In fact, the
estimation is that more than 99 percent of British Columbians will be
exempt.
Part 3 details exemptions related to principal residence. It also
exempts owners who rent out their home for at least six months per year,
in increments of one month or longer. In 2018 the six-month requirement
is reduced to three months.
The tax also exempts owners when they experience hardships. For
example, people who are hospitalized, people going through a divorce,
people whose homes have been damaged by fire or flood. They don’t pay
the tax.
Our government is committed to increasing the available housing
for British Columbians. That’s why there are also comprehensive
exemptions for property development and those who develop or renovate
residential properties. This approach will ensure that most B.C.
residents who live in their homes and owners who rent out their homes
long term will not have to pay the speculation and vacancy tax. Only
foreign owners, satellite families and owners who keep their homes
vacant in urban areas will pay this tax.
[1:45 p.m.]
Part 4 of the bill provides tax credits to help offset the
speculation tax for certain owners. B.C. residents who are Canadian
citizens or permanent residents and are not satellite families can
receive a tax credit of up to $2,000, which effectively exempts B.C.
residents on the value of a single vacant property up to
$400,000.
Part 4 also provides tax credits to foreign owners, satellite
families and other Canadians based on their household B.C. income. The
credit ensures that taxpayers who contribute their fair share through
our income tax system will not have to pay the speculation and vacancy
tax on their principal residence.
The remaining parts of the bill, parts 5 through 12, deal with
administration and enforcement. Homeowners will file an annual tax
declaration which will help tax administrators demonstrate whether
owners need to pay the tax. The declaration will be done by March 31
each year, after which taxpayers will receive a notice of assessment if
they owe taxes. The taxes are due on July 2 of each year.
The administrative provisions give powers to administrators to
conduct audits to ensure the tax is being complied with. The
administration and enforcement scheme will ensure that the tax is easy
to comply with for B.C. residents who own their own home, and it also
provides tax administrators with the tools they need to ensure the tax
can be collected from foreign owners, satellite families and people who
leave their houses vacant.
The bill also contains provisions for people who choose to
willfully or recklessly disregard the act. These provisions are very
similar to offence provisions in other tax statutes, such as the
property transfer tax.
Now, as I mentioned at the beginning, Bill 45 is a critical step
for the people of British Columbia and for the future of our province.
As some people may have heard today, we’ve been talking to our Third
Party partners about our shared commitment to tackling the housing
crisis. While we certainly do not always agree on specific policy
proposals, we do agree, as partners, that urgent action is needed to
make housing more affordable.
As was announced earlier today, the government has reached an
agreement with our partners in the Third Party to support the
speculation and vacancy tax legislation. The Third Party will be tabling
three amendments which will be supported by the government.
The first amendment will speak to formalizing a meeting with B.C.
mayors in the affected areas annually to review the tax and listen to
feedback from the local communities. The Third Party, as you know,
wanted to allow municipalities to opt out, but that certainly wasn’t
acceptable when you’re looking at dealing with the crisis in this
province. Instead, we’ve actually come to a compromise. This measure
strengthens our ability to make sure the tax is focused on the
communities that face the greatest affordability challenges.
The second amendment will introduce a legislative requirement that
the funds raised for affordable housing will be used to build homes in
the taxable areas. There already is a
section in the bill that speaks to
the resources and the revenue going into the housing affordability fund.
This will make sure that the people of these areas will be able to see
the benefits of the tax in their own communities when they see new,
affordable housing projects coming on line. And as these communities are
the communities that are the least affordable and have the lowest
vacancy rates, to be able to build new housing projects in those
communities just makes good sense.
The third amendment that will be tabled means that the tax rate
for Canadian non-residents of British Columbia who are not part of a
satellite family will be set to 0.5 percent. While we certainly strongly
support the intent of the first two amendments, government believes —
and we have been very clear about this — that this third amendment
actually lessens the protections against out-of-province speculation
investment. However, this is a change that was important to the Third
Party, and we’re committed, as people will know, to working
collaboratively with them to ensure that this vital piece of legislation
comes into force.
Why do we care about that? We care because housing affordability —
I’ll say it again — is at a crisis point. People in this province are
calling for solutions. They want to ensure that they can afford a home
in the communities where they live and work. I’ll say it again, that as
a government and, in fact, as a Legislature, we have a responsibility to
act on the critical piece that British Columbians are struggling
with.
[1:50 p.m.]
That’s our job. Our job is to serve the people of British
Columbia, and the people of British Columbia have spoken very clearly to
say housing is a crisis. They want their government to act, and we are
going to act.
This is a common value. We ran on a platform of addressing
affordable housing and the speculation tax. We came into government
making a commitment to a speculation tax and addressing affordable
housing. We have an agreement, the confidence and supply agreement, with
the Third Party that speaks to addressing affordable housing. So this is
a shared value that I’m very proud, in the second reading of this bill,
to say is going to be put into action. And we will act decisively to
tackle the housing crisis. We will continue to work on our 30-point
plan, and we will continue to bring balance back to the housing
market.
S. Bond: I’m delighted to be able to rise in the Legislature today. I have
to admit that we would have been delighted to rise in the Legislature
today and debate Bill 40, which is actually one that has a very
significant impact on British Columbians. It’s actually related to
proportional representation, but it became apparent very late yesterday
afternoon that the government had other intentions in mind. Now the
mystery becomes clearer as we stand in the Legislature today.
We shift the agenda. We’re going to talk about the speculation
tax. I want to begin by recognizing that I have a healthy respect for
the Minister of Finance. We’ve spent a long time together, though on
opposite sides of this House in this place.
But I want to lay out our view of the speculation tax. I have to
say, we’re going to take a very different perspective than the Minister
of Finance has taken.
I don’t for a moment doubt her sincerity…
Interjections.
Deputy Speaker: Members.
S. Bond: …in talking about people in British Columbia who are struggling to
find a place to live that’s affordable.
I will, however, correct the record. When the minister stands and
suggests that the previous government didn’t actually respond to the
housing situation, nothing could be further from the truth. We had a
significant investment, one of the most advanced plans led by members on
this side of the House. So to stand in the House and say that, I’m not
sure how she can do that with a straight face.
The most disappointing part of what happened today…. The minister
talked about wanting to make changes that were important to the Third
Party. For months in British Columbia, whether through texts, phone
calls, petitions, through resolutions at the Union of B.C.
Municipalities, through elected officials day after day after day asking
this minister to consider making changes to a tax policy that has
already had an impact in British Columbia…. The minister didn’t mention
that part.
Well, interestingly enough…. The members can thump the
desks.
Interjection.
S. Bond: He might want to go home and talk about housing starts in his part
of British Columbia and the amount of investment that has been driven
out of this province based on the speculation that this minister
created.
You know, the minister sits and smiles. Let’s talk about this tax
policy of this minister.
Interjections.
Deputy Speaker: Members.
S. Bond: From the moment she introduced the speculation tax, the first
thing we saw was change after change after change. Somebody was
captured, and then they weren’t.
And then the maps were drawn. Not one simple formula that could
explain to British Columbians how their communities are in or out. Now
they’re out again.
[1:55 p.m.]
Yet miraculously overnight — apparently just in the last few
hours…. I would certainly hope that’s the case because this minister
offered us a briefing yesterday and not one word about potential changes
— not one answer to our concerns about the very things that she stood in
the rose garden today and announced with the Leader of the Third
Party.
Let’s talk about the Leader of the Third Party. The minister
started to talk about credibility. This is a government that is sitting
on the government benches because there are three members sitting on the
end of those benches. There’s an agreement between the members of the
Green Party and the members of the government, and we know that today is
all about making sure that they hold on to the three members on the end
of the bench.
This minister was more interested and more concerned about
“changes that are important to the Third Party” than changes that have
been asked for, demanded and called for by hard-working British
Columbians and by elected leaders across this province. Their views
didn’t matter. In fact, that minister walked out of the Union of B.C.
Municipalities meeting and said, “Nope, no changes for you.” Yet after a
few hours sitting in a room with the leader of the Green Party,
miraculously, we have an announcement in the rose garden.
Let’s be clear. What the leader of the Green Party did was let
down all of the people who were counting on him when he stood up and
said, “I’m opposed to this tax,” and then it was: “Well, maybe I’m not
really opposed to it. I just want a few changes.” What he got today is
an embarrassment.
The minister can stand on that side of the Legislature and tout
the great collaboration that took place. The minister knows full well
that the leader of the Green Party and she have a secretariat. It’s
called the $1 million secretariat because we, the taxpayers of British
Columbia, are paying $1 million so that with this agreement between the
two parties they can have briefings and updates and discuss
issues.
Yet an issue that the leader of the Green Party has been standing
up day after day after day and reassuring British Columbians, “I’m going
to go to the House and fight for you….” Instead, all he got were some
minor concessions that do not address the concerns of mayors that he
sold out to make sure that he gets to keep his seat on that side of the
House, despite having a $1 million secretariat to actually deal with
these issues over the last number of months.
Let’s actually talk about what the minister stood in the rose
garden and announced today. Remember, this is after we’ve seen boundary
changes. We’re not sure how or why, and I’ll get to that a little bit
later, but for a while, there were municipalities that were in — and
then, amazingly, they were out.
Let’s look specifically, and we will, at which ones were taken
out. This minister stands up and says she’s proud of this tax. I have
never….
Interjections.
S. Bond: Well, keep on thumping, because there are a lot of British
Columbians who are out there today who have no idea that in the
minister’s definition they were the speculators she was
targeting.
Let’s talk about the basic flaw. And we recognize that, I assume
now, we’re going to see…. I don’t know. Perhaps the minister is going to
table a new bill that reflects these. Or, better yet, I’m assuming that
probably the leader of the Green Party will come in and then
ceremonially make his amendments. But let’s be clear. The changes that
were announced today do not address the concerns of elected officials,
of hard-working British Columbians, who woke up one morning and found
out that this minister and this government considered them
speculators.
[2:00 p.m.]
We have been clear from the beginning of this minister’s
introduction of this so-called speculation tax that she has chosen to
tax the wrong people. She is taxing British Columbians. And while we see
some minor adjustments today, I can only imagine how the mayors are
feeling right about now, after all the work they did and after all the
promises made by the leader of the Green Party.
Let me quote from the press release. “The first amendment will
create an annual meeting between the Minister of Finance and the mayors
in the affected areas to review the tax and relevant performance
measures.”
We all know that that’s simply not good enough for those mayors,
for those communities. They wanted an opt-out clause. That’s what the
leader of the Green Party said he was going to fight for.
In the press release today, what did they get? An annual meeting.
I’m sure they will be excited to learn that they’re going to have
another chance to go and make their case to this Minister of Finance,
where she can simply look at them once again and say: “Nope, sorry.
You’re in.”
The second amendment, actually, is a very interesting one. Now
we’re going to see the money that British Columbians are going to be
taxed for…. Because it is British Columbians. We know that the majority
of people paying the speculation tax are actually British Columbians. We
now find out that because of the discussion and the changes wanted by
the leader of the Green Party, those dollars are going to go back to
those communities.
You know, I hope the leader of the Green Party, before he signed
off on the press release, got the numbers from the Minister of Finance.
If I were in his position, I’d want to be sure that any of that
revenue…. Yes, it will be targeted, according to the press release, and
we’ll wait and see. But I’d want to be sure that somehow it is going to
be incremental investment in those communities.
Let’s face it, the minister stood up and touted her numbers. Let’s
just watch and see. Are we going to see that money swapped out for the
other money that has been planned for investment? There are no details,
no rules — nothing. Just: “Trust me, we’re going to change it
up.”
Let’s look at the third piece. I must admit, we’re glad to see
that the tax rate for Canadians and permanent residents who reside
outside of British Columbia and who are not satellite families…. They’re
going to get their tax reduced to 0.5 percent. Isn’t that
wonderful?
The people who didn’t actually…. Isn’t it ironic that there is not
one reference in this press release to the fact that the target audience
for this speculation tax is actually British Columbians? People who have
worked and invested…. You can imagine some of the letters and stories
that we’ve been hearing from people who had no idea that the family
cabin that they inherited suddenly makes them a speculator. Let’s call
it what it is.
Interjection.
Deputy Speaker: Member.
S. Bond: This leader of the Green Party stood up and told a bunch of
British Columbians, a bunch of leaders across the province, that he was
going to Victoria and fight for them. Well, today we see the results of
that.
Basically, he managed to get a meeting for mayors. Mayors are way
past the point of wanting a meeting. They are upset that without any
legitimate consultation, their communities are being impacted. Make no
mistake about it, Minister. I’ll start reading the list of investors
that have already decided to put their projects on hold and leave the
province. The damage has already been done.
Today we see little tweaks. “Okay. We’re going to fix it now,
because ‘the minister wants changes that are important to the Third
Party.’” Well, it’s about time that the minister started thinking about
changes that are important to British Columbians.
On this side of the House, along with many British Columbians,
we’re actually still left wondering how the government came up with the
name for this bill. Everyone in this House would agree that we need to
deal with speculators. But I think most people would also expect that a
tax called the speculation tax — in some way, some shape, some form —
would actually address speculation.
[2:05 p.m.]
As the opposition has said from the moment the Finance Minister
announced her speculation tax, we fundamentally disagree that this tax
measure actually targets speculators. In fact, it is a tax on
hard-working British Columbians.
To get a better understanding of the minister’s definition of
speculation, I did my homework. I reviewed what the Finance Minister
said when she mentioned the speculation tax back in February of this
year during the tabling of her first full budget. Let’s look at what the
minister said then: “The tax will apply to property owners who don’t pay
income tax here, including those who leave units vacant. This will
penalize people parking their capital in our housing market simply to
speculate, driving up prices and removing rental stock.”
Let me repeat the first sentence. “The tax will apply to property
owners who don’t pay income tax here….” Well, I would respectfully
suggest that what should have been announced in the rose garden today
was a complete reversal of a half-baked tax policy. In fact, the biggest
target is hard-working British Columbians — hardly considered
speculators by this side of the House.
To the average British Columbian, this definition sounds as though
the government, with the speculation tax, is going to focus on foreign
speculators, non-residents. I can assure you that when the other side of
the House did their testing of the name “speculation tax,” of course
British Columbians would look at that title and think, “A speculation
tax — that’s a great idea. Let’s go for it,” until they read the fine
print. They were the speculators that this very minister was going to
target.
She said it wouldn’t be people who actually earned a living in
British Columbia. I’m not sure what happened between that and the bill
that was tabled, but it is all about British Columbians. And not only
that. When I was doing my home work, I looked, and guess who backed up
the Finance Minister. The Premier. He said and reassured everyone that
this tax would target property investors from out of the province. So
now we have the Finance Minister and the Premier agreeing that this
won’t touch British Columbians, that this is for people who live outside
of the province and outside of our country.
Well, guess what. Here are the Premier’s precise words. Listen
carefully. And I actually agree with them. Listen to this. “If you pay
tax in British Columbia, you are not speculating from outside of B.C. If
you have a home in Vancouver and a home in Penticton that you visit in
the summer or to ski in the winter, that would not fall in with the
out-of-province speculation tax.”
So we have the Finance Minister and the Premier assuring British
Columbians that if they had a cabin in Penticton and a home in
Vancouver, they would not be captured. Today the bill that’s been tabled
is all about those very people that this minister and that Premier
promised would not be captured. The key words are “out of province.”
British Columbians took the Premier and Finance Minister, took her
words, at face value. But we soon discovered that wasn’t the
case.
It took us — and I always have a great deal of respect for my
colleague, my co-critic — a lot of work in estimates. But after an
extended discussion in estimates and asking a whole lot of questions, we
discovered the details. Almost two-thirds of those expected to pay the
new speculation tax, we discovered, were British Columbians, the very
people the Premier and the minister promised would not be
captured.
[2:10 p.m.]
Despite explicit comments from the Finance Minister and from the
Premier, approximately 20,000 of the 32,000 homes that will be impacted
are owned by British Columbians, not people who don’t live and work in
our province but hard-working, tax-paying British Columbians.
You can imagine how shocked we were, not to mention the thousands
of British Columbians who suddenly found themselves being called
speculators and facing significant tax bills. They said it wouldn’t
include people who lived and worked in British Columbia, and now we see
in Bill 45, in black and white — at least this version of it — that that
isn’t true.
We’ve heard from many of those British Columbians, and I want to
be sure that this minister hears over and over again how upset people
are. The minister said one thing; the Premier said one thing, and they
did something completely differently. In fact, the only place this bill
even remotely relates to speculation, to legitimate speculators, is in
the title, and even that has changed.
We’ve seen policy on the fly, people asking for changes, changes
being made that are inexplicable, a lack of modelling. No one can
actually explain how on earth the communities that are on the list got
on the list and how the communities that aren’t on the list are not on
the list — some that are not on the list anymore. But I’ll speak to
that.
We now actually see a bill that includes the word “vacancy.” That
would lead us to believe we have a speculation and now a vacancy tax. I
very much look forward to the minister’s explanation of how the name
change evolved — probably more of those changes that are important to
the Third Party.
What’s even more puzzling is the fact that it appears the tax
regime might actually exempt speculation in some circumstances. I can
hardly wait to have this discussion in committee.
Again, we’ve had the benefit of a half-hour briefing that we
certainly appreciated. The minister is always ready to do that, and it
is always appreciated, but I look forward to more clarification and
verification.
Since we’ve had our half-hour briefing, since the bill was
introduced, the very large bill that it was — we’re good; we’re adept;
we can go through those things — we’ve seen announcements today that
change the intent of the bill, and we want to certainly clarify some of
the numbers and things that we’ve seen once we have the chance to do
that.
This tax potentially exempts speculators. It builds in a one-year
exemption on newly purchased properties. Think about that for a moment.
It’s possible that the bill actually permits someone to buy a property,
wait for the price to rise and sell it within a year. Some people might
call that flipping. Others might call it a wise investment. But almost
everyone would agree, on the surface at least — and we look forward to
further clarity — it appears to be speculation, pure and simple. So
again, we’ll look forward to a fulsome explanation when we reach
committee stage.
But I guess we shouldn’t be surprised. Having a speculation tax
that doesn’t deal with speculators fits the pattern that has emerged
with this minister and government. We have an education tax that has
nothing to do with education. We have a health tax that was a complete
surprise and transfers the cost of MSP premiums directly to employers in
British Columbia, and we’re certainly going to have a lot of time to
discuss that in the days ahead as we begin to deal with the
EHT.
To the minister’s comments about impact: we can tell you that this
has certainly already had an impact and that the damage has already been
done. Families have seen home ownership dreams move further away as more
than $1 billion in housing investments have been cancelled or postponed
since this minister announced her speculation tax — projects sidelined,
no homes built, wages lost.
This bill, and I agree with the minister, isn’t about numbers and
formulas. It’s about people. The sad
part is that it’s mostly about
British Columbians.
Let’s look at some specifics. Here are the details that you were
eager to hear. Macdonald Developments cancelled 600 new homes in
Langford and 110 lots in Kelowna worth a total of $500 million since
this minister introduced her speculation tax. Belmont Properties has put
on hold 600 market and rental properties in Victoria since this minister
introduced her speculation tax.
[2:15 p.m.]
Housing starts, the sign of a strong economy and new housing on
the way, are dropping. The supply is going down. They’ve gone down 43
percent year over year.
The minister can laugh. She and her friends can snicker over
there. But she can’t deny that there has been an impact in British
Columbia before the bill is even passed. It’s probably a good thing,
because now we have a different bill, or we have different amendments.
We’re never sure what’s going to happen.
Housing starts in Vancouver are down 42 percent, and it’s not just
that. When you look at the implications of the changes that have been
made, every single day, we seem to see a change. We have to wonder. We
have to ask a broader question. We have to start asking hard questions
about the credibility of the budget in totality.
Based on our calculations — and we’ve only known this for the last
couple of hours — the minister has dropped the tax revenues on this tax
alone by 70 percent. Housing starts are 17 percent lower than what this
government forecast, and based on their numbers, that’s about a $340
million hole.
I haven’t even begun to calculate the impact of the minister’s
budgets on plummeting sales. But I can hardly wait. I know that my
colleague and co-critic is working, as we speak, to look at those
numbers, and we’re going to ask some pretty tough questions, not just
about the speculation tax but about the credibility of this budget
overall.
Municipal leaders whose communities are impacted by the tax are
calling on this government to rethink their half-baked tax and look at
the consequences. They asked the minister directly. In fact, they
thought they had some cooperation with the leader of the Green Party,
and we’re already hearing about how they feel about what happened today
in the rose garden.
They’ve asked the minister to consult in a meaningful way. What
did they get? The minister tabled Bill 45, determined to press on. After
the rose garden announcement today, what did they get? The promise of an
annual meeting.
Here’s just a sample of what the mayors were saying. Kelowna mayor
Colin Basran: “It’s the uncertainty that’s raising a lot of concerns.
It’s damaging our economy, because when people don’t know, they’ll just
sit and wait, and that’s not a good thing.” Go ahead and laugh and pound
the desks. That’s the mayor of the city of Kelowna. Here’s what else he
said. “This proposed tax will not have the desired outcome and will have
negative impacts on our communities.”
West Kelowna mayor Doug Findlater: “We’re fundamentally concerned
this would push property values below the amount of equity people have
in their homes. It’s a potential financial crisis.” Speaking of crisis,
Mayor Findlater went on to say: “If they go through with the speculation
tax, the only people who will be able to afford really expensive places
are the really wealthy, who would buy them up at a fire sale
price.”
Langford mayor Stew Young said: “This is a direct job killer.”
Bill Veenhof of the Nanaimo regional district said the speculation tax
“should be eliminated altogether.”
Right here in the capital regional district, they are opposed. Yet
it took a meeting this morning, apparently, with the Leader of the Third
Party so the Finance Minister could deal with changes that are important
to the leader of the Green Party. What on earth does the Finance
Minister have to say to those highly respected, locally elected
officials, who have been asking her for months to listen, to consult
and, most importantly, to back off the tax grab?
The quotes go on and on, but I want to be clear. The government
has literally drawn circles on a map. They have fixed the boundaries.
The Premier’s community of Juan de Fuca was exempted from the tax after
much outcry. The Gulf Islands were exempted after protests from the
Member for Saanich North and the Islands. The member from Oak Bay was
worried about having to pay the speculation tax. Miraculously, his area
was exempt as well. In and out.
I can assure you, while we certainly witnessed the event in the
rose garden today, it simply doesn’t go far enough. We’re going to
continue to ask tough questions. We’re going to continue to speak on
behalf of those mayors and those communities who’ve been asking this
minister to listen, to make a difference, to pay attention to their
concerns.
[2:20 p.m.]
We’re also going to be asking some questions of the leader of the
Green Party about what happened to all the promises he made to people to
come to this House and fight on their behalf.
I can assure the minister that the tweaks made today are not good
enough. It is absolutely our intention…. We will be making an amendment
ourselves in the days ahead that will actually listen to the mayors,
listen to the communities and show them that at least someone in this
House is prepared to stand up and fight on their behalf.
N. Letnick: Quite a challenge to follow such a great speech that we heard from
the member from Prince George, and every word that she said was true.
Congratulations to the member from Prince George on delivering a great
speech. I’m also going to be speaking — and no surprise to the members
opposite — against the proposed tax, including the proposed amendments
that I’ve heard, but I’ll deal with the tax itself.
Obviously, we’ve had many opportunities in this House and out in
the community to talk about the title, the title being speculation tax.
This is not a tax on speculators, especially after the last change. This
is really a tax on vacant properties that British Columbians and
Canadians have decided to invest in, whether they lived in Alberta or in
other provinces — perhaps bought something in the areas that are being
targeted by this tax and other areas that haven’t been yet targeted by
this tax but may be at a corner in the future.
The government is seeing an opportunity to help build their war
chest to fight on all the issues that they have in their budget. As they
see declining revenues, this is just one piece of revenue that they
can’t afford to lose. So they’re tweaking it. They’re trying to find a
new way to make sure that we have the transfer of wealth from the rich
to the poor. It’s just another opportunity for them to see if there are
any dollars out there that they can grab and re-channel to a different
location.
Obviously, it’s having an impact. It’s had an impact ever since
the spec tax was proposed. We’ve had meetings in Kelowna, in the area of
the Central Okanagan. I’m sure we’ve had meetings…. Other MLAs will talk
about meetings in their particular constituencies. We had a meeting of
about 40 people right off the bat, of all kinds of groups: non-profit
groups, development groups. Government people were invited.
They were unified in their opposition to the spec tax, not because
we’re opposed to taxing speculators and reducing the amount of
speculation in the housing market. But we were opposed to this tax
because it wasn’t a spec tax, unlike what is being proposed by the
Leader of the Official Opposition as a true spec tax. It was a vacancy
tax, and it still is a vacancy tax.
Here’s the challenge. In the short term, it actually might work in
dropping the cost of housing. It will scare off people who currently
have second homes, whether they’re British Columbians or from outside
British Columbia, and say, “Well, I don’t want to rent my home. I never
planned on buying this home for rental. I plan to buy it so I can move
in during the summers and then maybe retire in it. I come from
Vancouver. I want to go to the Okanagan,” or, “I want to go to Nanaimo
during the summers,” or maybe: “I want to go skiing in the
winters.”
Whatever it is, that’s their choice. They’ve worked hard for their
money. Why should we, as government, be telling them where they can or
cannot spend those hard-earned dollars? Quite a difference in philosophy
between the free enterprise and the socialists across the
aisle.
But you know what? At the end of the day, all these people came to
the conclusion: “We have to work with government. We have to find a way
to get them to see the light. We have to see if we can make the changes
necessary so we can get a true spec tax.”
I quite honestly thought the project was doomed to failure. I can
tell you now that I got up at that meeting at the end, and I said:
“Yeah, we should do everything we can. But given the history of this
government since they’ve been elected, I don’t think we’re going to be
successful in getting them to make the changes we want them to so it
becomes a true speculation tax.” I said: “Really, at the end of the day,
the only way you going to be able to change the spec tax is to change
the government.”
[2:25 p.m.]
I will send the message out again to all the people of Kelowna.
You want to get rid of the spec tax? Get rid of the government. That’s
really the only way you’re going to get rid of the spec tax.
The mayors have asked for the opportunity to opt out. The Leader
of the Third Party has said he will go to bat for these people, all
across the province. I’m not disappointed in the Leader of the Third
Party. Quite frankly, I was not expecting anything more than what he’s
done today. He’s been consistent throughout his year and a bit in his
role, consistently going out there and bashing the government for this
thing or that thing — doing a good job, I must admit, on some occasions,
of really sticking it to the government. But at the end of the day, the
tail goes between his legs, and he votes with the government
anyway.
For all those people out there that really had some high hopes for
the Green Party and the Leader of the Third Party for anything in the
future, hopefully right now all those illusions are cast aside and they
can see the true colours of the Leader of the Third Party.
What do we need to do here? Well, obviously we need to make sure
that we look at both the income and the expense side of owning a home in
British Columbia. What the government is doing with the spec tax is
trying to reduce what the cost of housing is by taking that wealth away
from people who have invested in these homes and saying: “Nope, we’re
going to force you to sell your homes at bargain basement prices and see
a reduction in the cost of homes.”
That’s specifically what the Finance Minister said she wanted to
achieve — I’m not making it up; these are things that the Finance
Minister said — and unfortunately, she’s been successful. We are seeing
a drop in the cost of these homes because people are putting them on the
market. The problem with that is that it’s a short-term solution. In the
short term, that will reduce the cost of homes, for sure, but who in
their right mind is now going to get out there and build supply? For
whom?
Nobody is going to come forward from Alberta. A lot of people in
our province come from outside of the province. People from Alberta
aren’t going to come in and invest their money now in the Okanagan, in
the Kootenays, in Nanaimo or in Parksville or other places. Why would
they? Even if it’s not covered by the spec tax, the fear of this
government’s legislation is pretty clear: “We will re-evaluate who is
covered and who is not covered.”
Obviously they have done that already by exempting the Leader of
the Third Party’s second home from this list. How did that happen? I’m
sure we’re going to get into that question a little later. Who’s going
to be buying these homes? Short term, for sure, but in the long term,
why would suppliers be supplying?
We’ve already seen that across the province. On project after
project after project, in different parts of our province, they have
said: “I’m going to wait and see what happens with the spec tax. Maybe
my business plan doesn’t work anymore — my business plan of having
people buy some of the units at the higher-end prices to help subsidize
what the lower-end prices cost.”
It’s quite simple economics. The opposition gets it, but the
government doesn’t get it. In the long term, we’re actually going to be
hurting the people we’re trying to help. We’re going to be hurting
people’s opportunity to buy in the supply of housing. If you want to
help people get into affordable housing, help them get into it. Don’t
hurt the people that are building the housing in the first
place.
You look at the member for Langley East. For many, many years, he
led the former government’s policies on affordable housing and housing
in general, and hardly got any questions from the opposition at the
time, the now government. Why was that? It’s because he was doing a
great job. He and the government of the day, for the last 16 years — I’m
really proud of that track record — were building a lot of affordable
housing.
They also had policies, before I got there and since I got there,
on helping people get into the market — different policies, different
ways of helping people get into their first homes, so that they could
work in the market and get up to the larger homes that they required for
their families. That’s the right approach. Help people get into their
first houses. Help people with their economy, so that they can afford
it. Make sure they have the right education. Make sure they get
good-paying jobs. Make sure British Columbia’s economy is going strong,
so that people can afford to buy the homes that they want to buy in
British Columbia.
It’s not to tell people: “Well, you know what? If you have a home
that’s empty for four months of the year, we’re going to force you to
rent it.” Who in their right mind now, with the rules changing in ways
favouring people in rentals, is going to want to get into the rental
market for four months. They can’t ask the person who came in, in the
first place: “Well, you know what? It’s time for you to leave now,
because I want to take over the house.” That’s not going to work
anymore.
Why would somebody want to take a chance in putting somebody in
their home that, at the end of a few months, says: “You know what? I’m
not leaving. Too bad for you”? If you want to go skiing, or if you’ll
need that second home in the Okanagan that you were planning to retire
into — sorry, you’re going to have to change your plans.
[2:30 p.m.]
Who’s going to be buying these units? Who’s going to be building
these units?
Madame Speaker, I’m telling you right now, it’s already happened.
We’ve already seen a drop in developers’ proposed units that are coming
on stream. We’ve seen people back out of building units. I’m sure my
colleagues from other parts of the province are going to be talking
about some specifics. A true spec tax would not do that. A true spec tax
would basically target those people who are speculating in the housing
market. I think we have consensus on both sides of the House. We would
like to see something focused on them.
I go back to the story that I heard quite some time ago
regarding…. These guys were going to a restaurant, and the restaurant
bills were getting a little higher. It was about five or six friends.
One of the guys said: “Okay. I’ll tell you what. Rather than us not
coming to the restaurant anymore, I’m going to pay a little more. I’m
going to pay a little more because I can afford to pay a little more.”
So they agreed; they would actually start paying based on how much they
could afford.
[R. Chouhan in the chair.]
After a few months, the bills got higher and higher, and then the
other five guys got together and said: “You know what? I don’t think
Joe’s paying enough. We’re going to make Joe pay even more.” And you
know what happened to Joe? Joe stopped going, and the other five guys
were stuck paying way more than if they’d just kept Joe paying what he
was paying.
That’s the fallacy of this whole spec tax — thinking that we’re
going to get the Joes and the Janes of the world to pay more so they can
lose equity on their homes, so somebody else can get it for a bargain
basement price, and that will help people who’re trying to get into the
market down the road. That’s just a fallacy of this whole system. The
best way to make sure that we fix the problem is by getting rid of the
spec tax altogether. But that’s not going to happen.
It’s not going to happen because the Green Party, I think, made it
very clear in their platform that they have full intentions, if they
ever had a chance, to tax the financial gains on personal private
residences. It says in their platform that the policy is to make sure
that if people have a personal financial gain — I think it was over
$750,000 — we should tax that. Never in our province’s history, as far
as I know, have we taxed personal financial capital assets like that on
principal residences. To think that the Green Party, which is actually
left of left, is going to come forward and say to the NDP, “Hey, you
better stop taxing people with wealth, because that’s wrong policy,” is
totally wrong. That would not have happened.
I was pretty clear that the members of the Green Party were out
there shooting off their mouths saying how well they’re going to stop
this tax, but at the end of the day, they would just basically cave, and
that’s exactly what happened. But they didn’t cave until actually they
got their house out of the spec tax areas, which is really curious. I
think British Columbians should be up in arms over that
itself.
Mr. Speaker, I’m going to stop now. I need to go. But I would just
say to you and to all British Columbians that this spec tax is wrong.
What the mayors have asked for I think is reasonable. They should be
listened to, they should be respected, and they should be heard by the
members of this House. Hopefully, as we go through committee stage,
we’ll have members of this House support all the amendments. How’s that?
Let’s agree to that. Let’s support all the amendments that are proposed,
especially the ones that take this tax and throw it out the
door.
N. Simons: It’s an honour, as always, to stand and speak on legislation
that’s before the House. This particular piece of legislation is
designed to address a crisis that has developed over the last number of
years because of the inaction of the member who just spoke and his
colleagues.
We are in a crisis. We are trying to emerge from a crisis. That’s
a crisis that maybe you don’t see. Maybe the members of the opposition
don’t see that crisis because they don’t want to admit to having been
part of its creation over the last 16 years. And if that’s the reason
for this vehement defense of their indefensible position, maybe I can
understand it. But when have they offered an opportunity to find ways
out of this crisis? When have they actually mentioned the interests of
individual British Columbians? I’ve never heard them talk about that
until today, until they had an issue with our efforts to address a
problem that they created, in large part.
[2:35 p.m.]
I think this is one of many routes towards addressing the crisis.
It’s the Speculation and Vacancy Tax Act, and yes, the name includes the
Vacancy Tax Act.
So far, what I’ve heard opposition members critical of is the fact
that they don’t like some aspects of this particular piece of
legislation. I sat on that side for 12 years. I remember finding things
to criticize. In fact, yes, we often did, because government gave us a
big target. In this particular case, I think that their particular
vehemence is due to the fact that they are a little bit defensive on the
fact that this is an issue we’re trying to address that they failed to
address.
Obviously, the goal is to have an impact on the housing market
that results in better opportunities for British Columbians to be able
to live in an affordable place, with the ability to live in a
comfortable way. This is what we hope for all British Columbians. I
believe that this particular aspect of a 30-point plan — I would remind
people, a 30-point plan — is just one more element of our overall
strategy. For one, I believe that this is going to go a long way towards
addressing key issues that we’ve been raising over the last number of
years.
I’m pleased to say, as well, that despite opposition’s
temperature, this is a step that government’s taken that is largely
supported by British Columbians. There seems to be a great deal of
support. I’m just looking at polling. I’ll be glad to enlighten my
friends opposite about the support that it seems to have among British
Columbians.
Let’s see now. The Angus Reid Institute. They quote 88 percent
support speculation tax; 81 percent of B.C. Liberal voters support the
speculation tax in Metro Vancouver.
I’m not the pollster. I’m reading the polling results. So if there
are some methodological issues that they want to raise with the polling
companies, they can do that, but I don’t know why else they’d be
questioning these polling results.
Angus Reid Institute, May: 45 percent say it’s a very good idea,
and 30 percent say it’s a good idea. That showed 62 percent of B.C.
Liberal voters supporting it.
Well, they may have knocked on the door recently or rung a
doorbell or a gate bell and found out that person doesn’t particularly
like the idea, but that’s understandable. Not everyone’s going to like
every aspect of every piece of legislation that’s put in this House.
They seem to have found something that they can complain
about.
How about this one? A Mustel poll: 77 percent support measures to
curb speculation, and there’s large, 63 percent, support in the business
community.
I don’t want to put words in everybody’s mouth. People are going
to have differences of opinion and, actually, different strengths of
those opinions. There might be some people, who we’ve heard already,
that hate every aspect of it, including the title. I’m not sure if
they’ve engaged in any discussions around putting forward amendments,
but that’s their responsibility. That’s their role. I expect if they
want to see changes, they should put forward some amendments.
This is a government that recognizes that in order to govern for
the people of the province, sometimes compromises have to be made.
Sometimes re-evaluations have to be undertaken. When, in anybody’s life,
is the idea that you can’t change your mind on something that really
determines everything that you do? We need to think and need to reflect
and need to review decisions we make. Sometimes those result in better
actions and better ways forward.
The criticisms that I’ve heard mostly are around the fact that
we’ve made some changes. But at the same time, members from opposition
criticize those changes. They say, on the one hand, that we’re not
listening, and on the other hand, that we’ve listened too much and we’ve
made changes based on what we’ve heard.
I don’t get that. That’s what I had a problem with, with the
original response to the Finance Minister’s introduction of this at
second reading. You can’t really have it both ways. Either we listened
and we responded, or what? We responded. We obviously were listening to
the people in communities. We were listening to elected officials around
the province.
[2:40 p.m.]
We were listening to the people who had their views made well
known at the Union of B.C. Municipalities meeting. That is why our
government decided to make some changes and to make it clearer, to show
where the exemptions were.
The other criticism was that there was uncertainty in this
legislation. Now you have it. You have a nice thick piece of legislation
before you, and you can go through it. The uncertainty should be
dissipating as we speak. It should be dissipating as you go through
those number of pages where we have, in fact, outlined the details of
this speculation tax.
The uncertainty is over. The legislation was originally announced
to this place many months ago, and I’m pleased to say that now that we
have this legislation before you and that it has the support of parties
that were elected with 57 percent, I believe, of the population, that’s
a good thing. It’s a good thing that we listened. We’ve listened to the
people of this province, and we’ve listened to our colleagues who were
elected in the ridings they represent — the Third Party, the Green
Party, the party that sees some common ground with the elected
government.
You know, that is ultimately a good thing when we can come
together and can find compromises. I didn’t like, necessarily, the
characterizations of the Leader of the Third Party. I don’t believe it’s
fair. I think when you do compromise, you don’t always win everything
you want, and you don’t always lose everything. So when you find
compromise, it means give and take, ladies and gentlemen. It means some
give and take.
We had 16 years here. I say that just because it’s a period of
time that’s identified, 16 years, when you had 100 percent of the power
on this side of the House and no interest whatsoever in what the
opposition thought. I sat there for 12 years, and I know the
frustration. I can read it in your faces. I recognize that. Here you see
a government that actually knows how to talk to other people and knows
how to find compromise. I sat over there when this side of the House had
no interest in compromise whatsoever. Absolutely none. None. Zero. One
hundred percent of the power and no interest in compromise, no interest
in discussion, no interest in finding common ground.
Anything is better than that. Anything is better than that. What
we have now is we have some compromise, we have some discussion, and we
have some interesting debates. And you know what? We come up with
legislation that’s nuanced. It’s not all or nothing, the way the
previous government liked to do it. Winners and losers. Well, we know
where the losers were. You know what? We’re trying to address the impact
of a government that gave little consideration to those people that I’m
interested and we are interested in supporting. That’s the people of
British Columbia.
Now, I know that my colleagues across the way who find it
necessary to speak, as I like to sometimes…. They will have an
opportunity to speak, and I would love to hear their views on this. And
I’m hoping that they might even have views that are somewhat different
from their colleagues. But so far, all they’re doing is toeing a party
line and saying exactly what their talking points tell them
to.
In my view, we’re elected as individual MLAs, elected as private
members, and we have a responsibility to reflect the interests of our
communities. And my community recognizes that we have a crisis. We have
had a crisis for a while now.
We have people not just living in tents where you can see them,
where the people from the urban communities are all upset. They can see
tents at the side of the highway. I understand that. It’s a shame in a
province of this wealth that we see that. But we’ve had people living in
the bush on the Sunshine Coast, out in the back. You don’t know where
they are. They’ve got tarpaulins, they’ve got little heat, they’ve got
little access to services, and they’ve been there for a
while.
The member from Kelowna seems to be interested in those people who
are living homeless in the shelters, in the woods, in their cars, in
run-down trailers, in campgrounds — people who have been left out of the
all-or-nothing government that existed before we took over. I’m pleased
to be able to say, on behalf of those people, we’re doing something
about it.
We’re addressing this crisis that they created. They might be
kicking and screaming and whining and chirping, but we are addressing
the issue. We’re addressing it in many different ways, and this is just
one of those ways. And I’m proud to belong to a government caucus that
is actually interested in addressing the inequalities that were created
over these many years.
[2:45 p.m.]
I think that what we have before us is entirely supportable
legislation, and I’m pleased that representatives of our party met with
representatives of the Third Party.
They mock a system of finding resolution. They mock the idea that
we have a structure in which disputes can be resolved. Now, that tells
us more about their character than it does about finding good ways to
find good policy for people of the province. I’m not going to take that
personally. Obviously, we have a good system in place because we have
the ability to influence policy and make good legislation for the people
of the province. That’s by cooperating.
We have an opportunity to do that with members of the official
opposition. They might think, because of previous history, that the
opposition has absolutely no power. That’s just because of the way they
ran things when they were in government. The opposition should stand up
and put forward proposals.
So far, I think they want to change the name of the bill. They
want to take out the word “speculation.” Well, put forward an amendment
on the title. Why not put forward an amendment on the title and say: “We
want to call it something else?” Fine. I’d be interested in hearing that
debate. I would prefer to talk about substantive things, but so far, we
haven’t heard any of that.
The news that we’ve come to an agreement and that we’ve seen a way
through to ensure that this particular initiative on the part of
government will be passed by this Legislature on behalf of the people of
this province is, I think, good news. It’s not unexpected that the
opposition would characterize it negatively. That is their role. Their
job is to ask questions.
It shouldn’t be a threat — that they’re going to ask questions,
that they’re going to ask tough questions of the minister in third
reading. That is their responsibility. I expect them to do that. I would
expect better questions in question period, too, but that’s just because
I’ve had 12 years in opposition and a little bit more experience in
that.
But the questions that you come here with are important because
then it’s on the record.
Interjection.
N. Simons: I have no interest in going back, as much as it’s a very kind
invitation. I must say I’m sure it was offered in graciousness, but no,
the view from here is slightly better. The sun comes in at a different
angle, and I have enjoyed it so far.
I think the opposition should see this as an example of how, when
elected officials work together and they find some compromise and they
find some way past difficult aspects of legislation, that’s a good
thing. I think it’s entirely possible that in the future, we might not
have the same ability to get to a resolution. But so far, with civility
and with good communication, with a structure that allows for disputes
to be resolved — those are all good elements of a good democracy, in my
opinion. It’s not a winner-take-all system. It’s not, “We win; you
lose,” or: “This is the way it goes, our way or the highway.” This is
about compromise.
As you know, the legislation we’ve introduced is an effort to
address the situation in the housing market and turn empty properties
into homes. I do believe, as well, because of the overwhelming support
in British Columbia, that there are many British Columbians who agree
that we need to have access for rent and that we need to have access to
affordable housing. People are sometimes, despite what they say,
prepared to contribute to ensure that our society is one where people
are looked after. If they knew individuals were suffering
without….
If they had 80-year-old people coming to their offices and saying
that they can’t find a place to live, maybe they’d be more likely to
accept some suggestions of the government or even support some of the
initiatives that the government is taking. Maybe if they had homeless
people knocking on their doors, they would see this differently. For a
long time, we’ve seen a province that has not addressed poverty
reduction. They didn’t address child care issues. They didn’t address
the homelessness crisis. We’re dealing with a lot of things in this
province. And the fact that they didn’t, shouldn’t mean that it’s too
late to do something.
We’re doing something now, and in my view, they should be
supportive of it. However, I’m a realist as well. Sometimes opposition
needs to be oppositional in order to feel important, and I have nothing
against that. I remember that feeling. I remember asking questions in
this House. I remember voting against legislation. Usually it was
legislation that I definitely wanted to vote against.
[2:50 p.m.]
However, I would never have voted against legislation that was
aimed at improving the lives of British Columbians. I never voted
against legislation that was tabled in order to address a crisis in our
society. I didn’t vote against legislation that was well-thought-out,
widely supported and entirely with an objective to address a
crisis.
Now, the other thing that I’ve heard from the opposition is that
it seems with the changes that we made…. They don’t want to characterize
it as us listening and making changes. They want to characterize it as
us unable to land on the exact legislation immediately.
Well, these are the same people who criticize us for saying we
need a plan to reduce poverty. “Why do you need a plan?” they say. “You
don’t need a plan.” You just hope jobs keep coming. That’s their plan.
That’s not a plan.
We have plans for all aspects of British Columbia. We have
expectations, I should say, that our province will be a place where
people can find a place to live, not in squalor and not in abject
poverty, where they want to work and where they can find a place to
work. Unfortunately, in my constituency, just to be specific, it’s very,
very difficult to find a place to live. It’s a difficulty that has
grown, and it’s grown over the last number of years.
What we’re trying to do now is address that by making it possible
to promote the building of houses and homes where people can afford to
live. I think that’s an admirable goal. It’s one that I support. It’s
one that the Third Party supports. I’m sure that in the heart of hearts
of members of the opposition, it’s one that they support too.
They may have differences of opinion with respect to specific
aspects of the legislation, and I encourage, support and applaud any
efforts they make to bring in amendments. If those amendments are
brought in with the right spirit and with the hopes and expectations
that they will improve this legislation, then that’s the job of the
opposition members to do so.
In third reading, when we hear the pointed questions and the tough
questions that are without malice and individual insult, I think we’re
prepared to listen. We’ll answer the questions, and we hope and expect
that those questions will be tough. That’s the role of opposition, and
the role of government is to implement good policy that will address the
issues that British Columbians want them to address. That’s what we’re
doing with this legislation today.
With that, Mr. Speaker, I thank you very much for the
opportunity.
B. Stewart: I rise today to speak on a very important piece of legislation,
Bill 45, called the Speculation and Vacancy Tax — recently renamed. You
know, on this side of the House, we’re left wondering just how the
government or the people that do the marketing have come up with this
name, because it doesn’t really seem to address the terminology of what
speculation is all about, whether it’s the stock market or people buying
commodities and whatever.
There are speculators in those types of things that invest in the
future upside, and sometimes they get caught in the downside. Those are
truly the speculators that we as government do want to make certain we
try and control.
We’re sadly disappointed with this bill, because it actually fails
to deal with the real terminology about speculation. This tax exempts
speculators, and it bakes in even a one-year exemption on newly
purchased properties. So buying a property, with this new piece of
legislation should it go through, waiting for the prices to rise and
selling within a year would be exempt, and you wouldn’t have to pay any
speculation tax. We call that, or some people call that, flipping.
Others call it a wise investment.
I want to go back. The members are talking about the cycle of what
the economy is like.
[2:55 p.m.]
Over 45 years ago, there was a new Premier in town, and he went on
to create all sorts of things that are still legacies we have today —
government auto insurance, the agricultural land reserve and many other
things. As we heard in his memorial and in remarks earlier this year, a
remarkable number of pieces of legislation were passed during that
period of time. That was leading into the ’70s when, I can remember, as
a young employee working in the financial services and banking industry,
inflation running at over 10 percent. Although we weren’t making very
much money, the fact is that prices were rising at an astronomical rate.
The bottom line is that we were just happy to find a place to rent and
be able to afford it, share it with friends. I know that lots of that
goes on today.
The point about it is that it’s funny how we can go from an
economy that was growing at more than double-digit inflationary growth….
Interest rates were comfortably at 10 percent for first mortgages —
there are a few that might remember that — and second mortgages were
maybe around 12 or 13 percent.
We got to 1980-81, and all of a sudden we had things like the
national energy program. We had nationalization, really, of the oil
industry in Alberta. We had this complete slowdown in the economy, and
there we were in British Columbia, fighting this expectation that wages
should go up every year by 8 or 10 percent. You look back at the
contracts that were done with government employees, etc., and it seems
staggering today. Here they are negotiating at zero, 2 percent, and it
all seems very much in balance. But sometimes these cycles take time to
work out.
We got through the ’80s into that time when Expo 86 was here. We
were pretty proud as British Columbians: come to us, come and invest
here and do these things. In those days, we didn’t even yet have a
foreign trade office. It was actually opened in that period of time in
Japan, in Tokyo, by former Premier Bennett.
Anyway, I think about the fact that we keep talking about what’s
happened in the period of time that our government was in power. Well,
think about when your government was in power 27 years ago. What
happened? You had ten years of running the economy and stuff like that.
We had similar issues. We had crises in terms of housing, the fact that
your average expenditures, on an annualized basis, were running at more
than $4 billion on operating costs before paying for any capital
improvements and stuff like that.
Governments have to adjust to what cyclical kinds of challenges
are out there. I think that reality…. The speaker previous mentioned the
member for Langley East. I can remember when he told us about the B.C.
Housing projects, and I thought: “Jeez, do we need to be spending this
type of money?” He’d stand up at cabinet, and he’d be looking for more
money in this empire, if you want to call it that, and built all sorts
of projects. But clearly, it just wasn’t fast enough.
As the economy grew over those years that we took over, we
balanced the budget. We created confidence, a place where people wanted
to come and invest. We had the opportunity for all sorts of people to
come here. We heard the other day about the fact that a million new
British Columbians had come to this province in that period of time.
That’s a million new people. We’re just under about 4.8 million in the
province today. Think about all the houses that are needed, the services
and all those things. It’s a challenge. But to say that this crisis was
caused by inept government policies is dead wrong.
In February, there was this announcement, a budget. In the period
of time that I served, I know Finance ministers that worked…. We worked
very carefully to make certain that we were…. We didn’t want to upset or
destabilize the marketplace when we were making changes. As a matter of
fact, when I first got elected, we’d just come through the 2008
financial crisis.
Everybody here remembers — right? — Bear Stearns, Lehman Bros.,
movies. We were coming out of that, and the fact was that nobody knew
where the bottom was. The American economy — we didn’t know whether it
was stable. Housing starts had plummeted from, literally, the
seven-digit numbers in the U.S. down to the low six-digit numbers. It
was a tough time for the forest sector. Commodity prices were down, and
frankly, we didn’t know where the bottom was in that.
[3:00 p.m.]
The difference was that when we made announcements about the
budget — Finance ministers, cabinet, the Premier — we were all very
careful about making certain that we didn’t upset the market and that
when we made an announcement, it was intentional. It was either to make
certain we did something to slow things down….
Take the foreign buyer tax. It wasn’t something that we introduced
and let percolate for a year or two and just kind of bring it on. It was
talked about by many people. But at the end of the day, it was something
that we brought in because we knew that there was the perception…. Maybe
it hasn’t proven to be as huge a number, but the bottom line is that
foreign buyers were investing here, and the perception was that they
were making housing prices unaffordable. Supply is probably more to the
answer.
I think that one of the things that’s flawed about Bill 45, and,
really, going back to the budget, is here we have an impact that has
been levelled on all communities in British Columbia by the fact of this
slow, almost torturous kind of not knowing what the rules are going to
be. What does it mean?
It’s happened in communities. Radium, Invermere, Cranbrook, Fernie
— all of those bordering communities are sitting here in limbo wondering
about what it is. What is this tax going to really do? Now, it’s not
that the Finance Minister didn’t come out with the earliest kind of
statement about the targeted communities and her justification about
vacancy rates and the fact that there was this huge issue or crisis on
housing. I’m not certain that that isn’t a case that shouldn’t be
addressed.
However, I think that the approach has not only really decimated
many of the communities, and I know I’m from one of them…. But the fact
that one of the things that didn’t really happen in this time…. And I
know that the Finance Minister said earlier today that she’s met with
the communities, but listening and actually coming to what is considered
to be consensus is different than just giving lip service and continuing
to plod along with a plan. Frankly, the early warning signs were out on
this bill from the get-go.
The fact is…. I mean, literally, the city of West Kelowna, which
pushed back immediately when this came out, provided me with literally
hundreds and hundreds of letters from people that own property in the
city of West Kelowna. My office was flooded with thousands of emails and
letters. I’m going to read a couple of comments from people all around.
I’m not going to read all the thousands. You don’t have to worry. That
would, I’m sure, keep us here well into next week.
Then I presented a petition that was signed by over 15,000
Canadians that had their comments. I have hundreds of pages of their
comments here. But more importantly, the real essence of this and what
was happening was that in the community where we’re trying to build….
The city of West Kelowna was only just over ten years old at the time
this tax was announced. It’s trying to build its
infrastructure.
We’ve got affordable housing projects that, essentially, were put
on hold because of the fact that there was this huge amount of
uncertainty. It’s not just because of the fact that they couldn’t do the
math. They just didn’t know if the people that had been buying in the
past would continue to buy or what would happen on the
market.
We have many projects throughout our area, but not just in my
riding or the MLAs for Kelowna-Mission or Kelowna–Lake Country.
Vernon-Monashee — a huge development. I was there last Friday night
looking at hundreds of empty, stalled homes. Basically, they’ve stopped
construction in that riding because of the fact that the buyers that
were there…. It’s about the uncertainty.
This goes back to…. When you go to sell a product — I have a bit
of experience in selling a retail-type product — it takes time to build
confidence and the fact that people believe in your product. They
understand that you’re stable and the fact that…. I’ve always said that
I want to be consistent in quality, make certain that the value is there
and make certain that people feel that they’re valued, in terms of what
it is that we’re producing.
[3:05 p.m.]
I think that that was the wrong message when this came out. How do
we adjust that? That’s something that I don’t think we’ve done here
today with some suggested, proposed amendments that are coming
up.
I do think that one of the things that was quite striking….
Initially, the group that came and talked to us was the developers. They
were obviously on the front lines. They’ve got projects in for rezoning.
They’ve got projects that are either under construction or some of them
that were already at completion.
The community, the MP, mayors, the development community came
together and had face-to-face meetings in the very early stages of this,
and of course, we couldn’t really do anything. I mean, we attempted to
try to get certainty around this, and what ended up happening is that we
have a community that is now facing not just the fact that the buildings
have stopped, but they were finishing up projects that were already in
the pipeline.
Now, what’s happened is that those people, the people that do the
foundations, the framing…. The comments that I hear from the development
community…. You know, I had a call from somebody the other day that does
this particular specialized plasterwork, and he says: “When have you
ever had a call from one of them that’s available, if you want to call
it?” I don’t know if that really is creating affordable housing or
supply, but certainly, it’s put a lot of people, and it’s going to put
more people, out of work.
We saw the numbers recently, the end of September. The stats in
Vancouver, across the province, were over 40 percent of a reduced number
of housing starts from September 2017 to now. In most cases, that is a
crisis. In the Okanagan, the number is 60 percent — 60 percent less new
housing starts.
That’s how come, when we got to UBCM, all of the mayors and
councils — maybe they were kind of a little bit uncertain when it first
came out. They certainly didn’t want to give up on affordable housing
projects. I know that they work hard to make certain that they come up
with the right criteria, the property to make certain that the
government and B.C. Housing are continuing to be interested in helping
solve a problem that does exist across many communities.
But the situation now is that we haven’t really created more
supply. We didn’t turn our attention to the type of product that we were
actually looking for.
Maybe one of the things that we do want to address is the length
of time that development actually takes to get to market. I see the
minister nodding over there, and I know I was the minister, and I think
that it’s the right thing to do. I don’t think that people that are
trying to build and bring on supply should be held hostage to the
bureaucracy that many of the local governments have formed around. The
reality is that there are some good examples of local government that is
really very purposeful in trying to get that done. But that still
doesn’t answer the questions about the uncertainty.
Now, when this first came out, the members for Kelowna–Lake
Country and Kelowna-Mission and myself had a town hall meeting, which
was to try and inform people with the available information about what
was happening and how this was going to work out. We had a professional
accountant. We had somebody from the development community. This panel
of experts, as we called them, were the ones that were there to present
what they knew about how the speculation tax was going to be
implemented, how the tax credit is supposedly going to work.
Even after reading the bill a couple of times last night, I’m not
convinced that I understand how these credits work and the cap, etc.
Anyway, I intend on making certain that I better understand that. But
the more important thing about it is that it’s not understandable to the
average British Columbian that is trying to make some sort of
decision.
Now, the confusion with the title, as I mentioned earlier, is that
it’s labelled a speculation tax. I don’t really think that this bill
addresses speculation. It certainly puts fear into people that are
building homes that they’re going to have this inordinate amount of tax
that they’re going to have to pay when it comes to having a home, maybe,
in the Lower Mainland and one in the Okanagan. They’re going to be faced
with this incredible extra surcharge, if you want to call it
that.
I think that what’s important is that British Columbians have been
confused. They like the name, as the member for Powell River–Sunshine
Coast said. They support that, but the problem is that they don’t know
what they’re supporting. The reality is that this is not really
addressing the issue if we want to address speculation.
[3:10 p.m.]
This eight-month period, this gap in time, has cost the province,
I’m sure, hundreds of millions of dollars in forgone tax revenue because
of the fact that it was ill-thought-out. Maybe, with some proper
consultation, we could have got to an answer sooner about speculation
and not disrupted the housing market. Whether it was going to stay the
same, go down or not, the bottom line is it certainly wouldn’t be down
60 percent in West Kelowna and Kelowna.
I think that that lack of information has now started to manifest
itself with real facts. We’ve got UBCM. We had a number of motions that
local governments brought forward. You know how that process works with
UBCM. Hundreds of motions go forward, but they don’t all get adopted.
They don’t get on to the floor.
We’ve got quotes from resolutions. This is about local
governments. A lot of these are not necessarily the ones…. Here’s East
Kootenay regional district: “Non-resident property owners invest in our
communities financially, are active community members, some coming here
for generations, and many eventually become full-time residents.” Of
course, many are the affected ones.
So far, what ended up happening is that, you know…. There are
exemptions that came out in March, and those exemptions were…. I don’t
know the rationale behind it. I don’t know if there was a consultation,
but there was an exemption about the Gulf Islands, where lots of people
have summer homes or whatever, and a little adjustment around
Parksville. Certainly in Juan de Fuca there was an adjustment, and on
the Saanich Peninsula — or the margins, anyways.
What I do think is that it really goes to the point that a more
fulsome consultation on this type of tax bill should have been done long
before February, and we should have had a chance to plug into that so
that we could have made certain that British Columbia’s economy wasn’t
impacted — families that are now going to be out of work because housing
starts have dramatically dropped.
As some of the local government officials said at UBCM, “This is a
direct job killer.” That’s Langford mayor Stew Young, who I think many
of you would know.
“This is not just a housing issue; it’s tied directly to our
economy.” That’s Oak Bay mayor Nils Jensen. This is kind of leading up
to UBCM.
Mayor Findlater in West Kelowna, who has been not so quiet on this
matter, says it’s a potential financial crisis.
“It should be eliminated altogether,” Nanaimo regional district
chair Bill Veenhof says.
“People who picked up a modest place on the lake 20 years ago and
kept it in the family are not going to be able to afford to keep them.”
That’s again Mayor Doug Findlater.
“It’s the uncertainty that’s raising a lot of concerns and is
damaging our economy. When people don’t know, they just sit and wait,
and that’s not a good thing.” That’s Colin Basran, the mayor of
Kelowna.
“I believe that this tax is a form of domestic piracy.” That’s a
little bit more edgy, but that’s from the UDI chair, Kevin Edgecombe, in
Kelowna.
I think that what’s important is these resolutions that were
brought forward. Of course, the minister was there, as was all of
cabinet and the NDP caucus as well as the Greens.
UBCM resolution C11 was brought forward by East Kootenay regional
district “to allow local governments to opt in or out of the tax.” These
are all past resolutions, by the way. I won’t go into all of the other
stuff.
From the LMLGA executive, resolution C12, to “delay the
introduction of the speculation tax in municipalities that request it”
and “allow local governments to address such problems without resorting
to a one-size-fits-all approach that the speculation tax
embodies.”
Resolution C13, brought forward by the capital regional district
“to allow municipalities to opt out of this new housing speculation
tax.”
We also have C14, Nanaimo regional district: “…not implement the
proposed speculation tax in the regional district of
Nanaimo.”
C29, brought forward by Langford says: “Therefore,
be it resolved
that the city of Langford calls on the B.C. government to allow
municipalities to opt out of this new housing speculation
tax.”
[3:15 p.m.]
I think that it’s pretty clear that the mayors and councils went
unanimously, not seven months after this was first introduced, because
their communities were reeling from the impact of the uncertainty. The
bottom line is that we are not…. Well, of course, we have certainty that
we know what the bill today. We don’t know, necessarily, the amendments,
which I know will be forthcoming. However, how do we get to the fact
that communities that have…?
I know West Kelowna disputes the fact that the numbers that the
Ministry of Finance is using for its vacancy rate are incorrect. I know
that when this happened, there were almost 1,000 new units under
construction right near my constituency office. Some of them are still
unoccupied. Very reasonable rents. I checked on it at the time, and it
was square footage between 600 and maybe 1,200 square feet and a cost
that was affordable — just over $1,000 a month, up to about $1,700. I’m
quite certain it’s a reasonable starting point, considering that I have
a couple of hundred employees in the area, and I know what the wages are
like in the area.
We talk about some the first things that we heard when this tax
was announced. This was within days of the tax coming out, and I had
letters in my office, as did my colleagues in Kelowna.
Mullins Design Group: “In the last two months, I had 12 clients
cease their plans. That equates to an estimated $20 million to $25
million out of my small firm.”
McKinley Beach is a huge, I believe, 800-lot subdivision just
north of Kelowna, obviously in an area that is not downtown in the
highest-rent area. But it is where there is a combination of affordable
homes. “We have already been forced to indefinitely to postpone the
development of a townhouse project. This impacts hundreds of employees
and is a direct result of the concern and fear of the unknown of this
undefined speculations tax.”
Staburn Group, right in my own riding: “We are part of a group
that own a large acreage at Goat Peak. We have worked for over a decade
to get this comprehensive plan passed. It is a project exceeding 1,000
new housing units. We were about to submit a rezoning subdivision
application for the first phase of over 100 lots, with roads and
servicing costs estimated to be over $8 million. We have now stopped all
engineering, planning and design work, and put the whole thing on the
shelf until a change by the government. Ten to 15 professionals
immediately impacted, hundreds more person-years of employment on
construction, the largest housing project ever in West
Kelowna.”
And many others. LedMac in Kelowna, a $250 million investment.
Wesbild up in Vernon, $7 million — that’s the one with the empty
foundations I was just up at on Saturday. Macdonald developments in
Langford, 600 new homes and 110 lots in Kelowna, on pause. Belmont
Properties, almost 600 market and rental properties — rental properties
— on hold. Westcorp — I just confirmed this yesterday with the head of
it that a $230 million hotel project, a mixed-use hotel project, in
Kelowna is still on hold. They’re not going ahead.
The development community has been devastated by this. The
building community, the contractors, the families, British Columbia
families, are the ones that are going to feel this. They’re the ones
that are going to be paying this bill. It is not going to be the
speculators, as the government has suggested.
Interjections.
Deputy Speaker: Members. Members, let’s have one speech at a time,
please.
The member for Kelowna West will continue.
B. Stewart: Okay. I know that time is running out. The bottom line is…. You
know what? I’m sure the member in Nanaimo…. I’m sure that many of the
people, although it’s not as active as maybe some of these communities,
will be feeling…. Perhaps they’ll have that opportunity to finish those
developments up in Nanaimo when we get this all sorted out.
[3:20 p.m.]
Here’s an email that I got recently from somebody that was quoted
the other day. It’s a big group. They’re building a lot of affordable
housing in the Kelowna area. Randy Shier, the president of Mission
Group:
“Here’s an email from an Aqua supporter from out of province that I
thought you’d like to read.
“‘Congratulations on moving things forward. I thought I’d just send
you a quick note regarding the recently announced speculation tax and
its impact for those of us who are non-B.C. residents. We have been
interested in your development and were considering purchasing a condo
for retirement down the road. The recent B.C. government announcement
has caused us to pause and reconsider allocating investment into Kelowna
and understanding the magnitude of the tax.’”
A second one here, from David Paisley:
“I’m a West Kelowna resident. I retired to B.C. after a long career
in Calgary, and as you’re aware, Albertans have been long been valuable
tourists and investors in this region. The unintended consequences of
this ill-conceived speculation tax are enormous, and will do little to
solve the problem of housing affordability in the regions it is
targeting. In fact, thousands of Albertans have invested in the region
with the long-term intent as a future retirement or family recreation
property. These are not flippers who have distorted the market in
Vancouver or other major centres.”
Those are just a couple of, some of, the ones that I think it is
important that we hear from.
As many of you would know, the mayor — who is not running again in
West Kelowna but has done a tremendous amount of work with his chief
administrative officer, Jim Zaffino — has published a number of issues
and updates on speculation tax and the impact that they’re feeling in
West Kelowna. It’s a small community. It represents under 40,000
residents. It neighbours Westbank First Nation, where there are another
10,000 residents.
Between the two of them, there are vast tracts of undeveloped land
— ALR lands, etc. — so infrastructure is a big deal to these
communities. No one model fits all communities. One of the things they
tout in this particular plan…. They’ve done exhaustive research. They
came up with recommendations for the Finance Minister to look at — other
speculation tax models, to reconsider the one that was being
proposed.
Part of that, that they were talking about, was the fact that
future tax revenues that they’re going to have to forego are going to
impede the capital plans that they’ve already put in place. Some of them
are under construction. There’s an over $40 million water treatment
plant that is in limbo right now because, all of a sudden, the tax base
is not certain as to how it’s going to move ahead.
I want to just conclude my remarks….
Deputy Speaker: Thank you, Member.
B. Stewart: That’s it? Thank you.
A. Weaver: Please let me start by acknowledging the remarks, and thoughtful
remarks they were, from the member for Kelowna West. I hope to be
addressing some of the concerns he raised in the process of him
outlining some of the issues from his particular riding and some of the
concerns he received, which were similar to some that I received. I also
want to acknowledge the talk from the member for Powell River–Sunshine
Coast who also brought some important information to this
debate.
In this debate, I’ll say to start that I’m the designated speaker
on this issue. I’m not going to be too long, but I will probably go just
beyond the half-hour mark. I’m going to outline my comments in a number
of ways, in a format that starts with a broad introduction to what I
would argue is a crisis here in terms of affordability in British
Columbia. I’ll follow that up with a little bit of a discussion about
how the speculation tax was rolled out.
I think my comments will jibe with some of the comments made by
the member for Kelowna West. In particular, I’ll highlight some
statements made in the messaging early on and some of the subsequent
changes that occurred leading up to the actual legislation being
introduced. Then I’ll move, in my address, to discuss some of the
concerns I’ve raised consistently, such as treating Canadians equally,
as well as the concerns I’ve had with respect to meaningful consultation
with local governments.
[3:25 p.m.]
Some of the concerns I’ve had are with the ability of some strata,
for example, or some districts, that have no rental, secondary suite or
tourist commercial zoning. So you can’t actually, even if you wanted to,
rent out your unit because of existing laws, legislation or
bylaws.
Then I’ll talk a little bit about some of the
land-under-development issue, an issue that I spent a good deal of time
on, as the member for Kelowna West raised, specifically with respect to
the uncertainty that this created in the development sector. Some of the
other issues I raised were the impacts on British Columbians who,
frankly, aren’t speculators. I’ll go through a number of personal
stories. I’ll then move towards the whole issue of reaching this
agreement with respect to amendments that I’ll be putting forward with
government, and trying to address how those came about, to provide a
public record of the process.
Then finally, I’ll conclude with what I believe is critical: the
need for ongoing monitoring of what’s actually being implemented, to
ensure that we are not, as legislators, overly interfering in the market
but rather that we ensure the purpose of this tax. This, fundamentally,
is to recognize that leaving homes vacant in a market with zero
vacancies creates a social externality that should be internalized,
somehow, to those leaving the properties vacant, until such time as
vacancy rates improve.
To the introduction of the housing crisis: without any doubt in my
mind, there are a number of communities where affordability has reached
crisis proportions. Those are, predominantly, the urban centres in our
province, in particular, the regions of Victoria and Kelowna — Vancouver
is the poster child of this issue — and Nanaimo. This is a crisis facing
an entire generation of millennials, who literally cannot find a place
to rent, who literally cannot afford a place to purchase, who are
struggling to actually live anywhere near where they can
work.
We’re seeing a generation starting to move away. We just had a
community move into Oak Bay — the tent community, just yesterday — of
homeless people in Victoria who cannot get a place to live. This is an
issue that’s moving around the province. We’ve got, in talking to
business, a crisis in terms of attracting and retaining highly skilled
workers. If you talk to those in the tech sector, the single biggest
issue for the tech sector is the attraction and retention of highly
skilled workers. They cannot pay the salaries that other jurisdictions
are paying, yet the cost of living has gone through the roof.
This isn’t a problem in parts of British Columbia. There’s no
doubt that for some parts of British Columbia, this isn’t an issue, but
certainly, in some of our urban issues, affordability has reached crisis
levels.
We know the offshore money that has been flowing into our market —
both in terms of speculation as well as through some nefarious
activities that the Attorney General has been looking at — needs to be
dealt with, but I’ve always argued that in doing so, in trying to treat
the issue of foreign capital coming into British Columbia, we need to be
sure that we protect Canadians and British Columbians.
Now the government’s approach was to introduce something called a
speculation tax, initially. It’s now changed, and I’m actually pleased
with the change of the name. I think it’s far more appropriate. It’s now
called the speculation and vacancy tax. The vacancy component is
critical, because the speculation component, in my view, largely applies
to the offshore money.
We wouldn’t have done this. I’ve already pointed out that the
approach of our party would have been to bring in place a New
Zealand–style approach — to actually say: “You know what? If you want to
own property in our jurisdiction, you must be paying taxes here.” This
is what New Zealand does, this is what Australia has done, and this is
what many European countries do.
The idea here, of course, is that we are not living in a free
market for investment in real estate and land. You and I cannot buy a
home in New Zealand. We cannot buy a home in Denmark. We cannot buy a
home on the coast of Mexico. We cannot buy a home in Australia. The idea
here, of course, is that these other jurisdictions have recognized that
when there are small, local population centres and seven billion people
in the world, the influence of external capital on small domestic
markets can be profound. This happened in British Columbia.
[3:30 p.m.]
Our approach was to be different from what was the government’s
approach. We wanted to initiate that ban on foreign purchase. When I say
“foreign,” it doesn’t matter what passport you own. It means where
you’re living and paying taxes.
Now, we’re not government. There are three B.C. Green MLAs in this
Legislature that got elected by 17 percent of the popular vote in
British Columbia. We recognize that in not forming government, we are
not able to actually initiate a ban, New Zealand–style, on foreign
capital flow. But we’ve certainly supported, and I have certainly
supported all the way through, government’s efforts to deal with some of
the aspects of foreign money coming in, whether it be through dealing
with money laundering, through the foreign buyer tax and, more
importantly, dealing with the issue of satellite families.
Satellite families are defined in this legislation. We’ll be
exploring that further at committee stage. These are families — where
you might have one person in the family working elsewhere, paying all
their taxes elsewhere — living in, say, Point Grey or Oak Bay or
Vancouver-Quilchena in a $5 million home and declaring taxable income of
$20, accessing our health care system, accessing our social services,
accessing our education system but paying taxes in other jurisdictions
which are not declared here in British Columbia.
To me, this so-called satellite family is actually…. Again, the
cost of them actually being part of our society and living in these
homes is not being internalized. The taxes are paid elsewhere, but the
benefits are collected here. The government’s approach here — I
wholeheartedly, and I have done so since day one…. This is dealing with
the so-called satellite family.
Over the months, I’ve pointed out numerous concerns to government.
This decision we came to today to introduce three amendments was not
something that was taken lightly. I saw this legislation for the first
time when it was introduced. Life has been such a blur with these…. It’s
like burning the midnight oil. It could have been yesterday or the day
before now. It’s just been one big, long blur, in terms of
negotiation.
When it was first introduced, I saw this, and I was pleased with
some of the additions. One of these critical additions was identified by
the member for Kelowna West. As the member for Kelowna West pointed out,
when government first introduced this speculation tax, I would argue the
details had not been thought through.
One of those critical details was: what about development of land?
What about, if you have accumulated some land and you’re going to build
townhouses and condos to sell to British Columbians, to Canadians, and
in doing so, you’re waiting for permits, waiting to actually ensure that
you get construction built? It takes a few years. That is not
speculation.
I am absolutely thrilled that after meeting with the UDI,
developers in Vancouver, Kelowna and all across B.C. and bringing these
concerns directly to government, our government listened, and government
has actually included in here exemption, during the development of land,
of a speculation tax. That was critical.
I suspect that some, but not all, of the correspondence the member
for Kelowna West had with respect to uncertainty and construction on
hold is a direct consequence of the uncertainty. We have now seen
certainty.
I agree with the member for West Kelowna. It would’ve been awfully
nice if, when the tax was first implemented or announced back in March,
that certainty had been given to the market.
[L. Reid in the chair.]
I, like the member for Kelowna West, believe that market
uncertainty is not a good thing, because you have projects going on
hold. You have projects potentially walking. You have people then
speculating on the uncertainty. So I completely agree there. But I am
pleased that this has been dealt with.
Not all the concerns have been dealt with. Not everything has been
addressed. I spent, after seeing this bill come out — I’ll come to some
of the things that have been addressed — many, many hours. My staff
spent many, many hours trying to actually get to a fundamental position
where we could actually support the overarching structure of this bill,
recognizing that there’s still work that needs to be done. I’ll also
identify some of those things, and there is time to fix some of these
things.
In my view, good government works when people work together. I
recognize that it’s a much more difficult position for official
opposition, and I recognized that when this government now was in
opposition. It’s more difficult for official opposition to actually
constructively work with government because of the setup we have in our
legislative structure.
[3:35 p.m.]
As a small third party, we have a duty and a responsibility to
British Columbians to be responsible with the so-called power, the
so-called influence that we have. That duty and responsibility is to
ensure that we listen and communicate our concerns and do what we can,
through collaboration and compromise, to come to a situation, to come to
development of good legislation, to policy that we think tempers some of
what was introduced and reflects some of the concerns, but not all, that
allows us to support the policy moving forward — with the recognition
that this is not what we would have done.
What happened with the speculation tax and the budget rollout?
Again, the member for Kelowna West articulated this quite well. When it
was first announced, nobody knew the details. I didn’t know the details.
The member for Kelowna West didn’t know the details. In fact, government
suggested to the media — the Premier suggested — that British Columbians
were fully exempt from the tax. I thought they were fully exempt from
the tax. In fact, my constituency office sent out an email assuring my
constituents and those who contacted me that British Columbians were
exempt from the tax, based on the information I received directly from
listening to the Premier.
Well, you can imagine I was a little bit surprised when I read
Vaughn Palmer’s
article pointing out that I was sending out incorrect
information. He was right, and I acknowledged he was right. He was right
in that an information bulletin had been put out that was inconsistent
with the messaging and the language that had been said by government.
This is not good for certainty.
This was, quite frankly, from my perspective, somewhat
embarrassing. I don’t like to send out wrong information. We did our
best to correct it, to do that, and, at that point, realized that we
were going to have to spend a lot of time on this file.
We started pushing government to fix some things. We recognized
that the issue of the housing crisis is not a rural issue. It is largely
an urban issue. So in the act, you’ll see that, for example, we pushed
to get some of these islands out. There were islands in the Nanaimo
regional district — which was excluded — that had no electricity and no
power and no rental market which were included because of what was done
in the metrics to determine it. They were used, basically, over broad,
regional districts instead of over urban areas.
What we were able to do was to get government to focus this
initially on the urban areas, where there is more of a problem. Some
areas, like Saltspring Island, do have rental issues. However, it’s a
very complex issue there, as well, and ongoing work with the rental task
force, I understand. My good colleague here from Saanich North and the
Islands will be discussing that, I’m sure, when he speaks to this bill.
There are issues that still need to be worked out.
In March, government announced a few changes that it had made.
These included reducing the rates for British Columbians and Canadians,
and ensuring, in particular, that the tax didn’t apply to rural and
vacation areas. One of the issues, again…. This was very relevant to the
member for Chilliwack-Kent. Cultus Lake, in the initial version, was
included. I think Harrison Hot Springs may have been included as
well.
Again, these we pointed out. We directly took the emails from your
constituents — I’m sure you probably did as well — do not pass go, to
government, saying: “How does it make sense for Cultus Lake, which is
not an urban centre, for Harrison Hot Springs, to actually be included
in a speculation tax, when their markets are quite different from, say,
South Surrey or Tsawwassen or Burnaby or Nanaimo or
Victoria?”
So government did remove much of the rural aspects and focused on
the urban. That was signalled out in March.
Even since then, I pointed out that I’m struggling, because the
speculation tax was first introduced in the budget. I’ve heard scores
and scores of stories of individual cases, over the last eight months or
so, of people who’ve asked: “Am I included? Am I not included? Am I
here? Am I not there? What does this mean?”
This took a lot of work, honestly. It took a lot of work to try to
put together a detailed understanding of the complexity of this issue,
of the complexity of what government was trying to accomplish with the
introduction of a tax that essentially says that we want to create an
internalization of that externality associated with leaving vacant
property in areas that have low vacancy rates.
[3:40 p.m.]
Many of these examples were brought forward. Many, many meetings
were had. But the issue, of course, was that we didn’t know to what
extent government was listening. We didn’t know to what extent
government was listening until this bill was actually introduced,
sometime in the last 72 hours, which have been a complete blur to me
based on the fact that…. When was it?
Interjection.
A. Weaver: Tuesday, thank you. This was introduced on Tuesday.
When this came out, I was, as I mentioned, glad to see that
government had listened — in many, but not all, examples. For example,
there were exemptions for people who obviously should not be hit, where
being hit with the tax would cause significant financial hardship. Some
of the specific cases I raised to government were included. For example,
people that own a second home in a city because they need medical
treatment. There are people in British Columbia who have to go and own a
home in a particular area because they’re required for medical reasons
to come and report periodically to that area. They have been
exempted.
People who have secondary suites. For example, if you are in the
community of Kelowna West and you live in Alberta and use your home in
the summer but you have a secondary suite on your property, that
secondary suite would grant exemption for the entire property. This
isn’t without its own problems. For example, in the district of Oak Bay,
where I am from, or where I represent, rather, the district does not
allow secondary suites. So there are some issues there that we still
need to canvass.
Government listened in terms of examples brought forward about
couples who own two homes. One home is where one spouse works; one home
is where the other spouse works. They don’t work in the same city, but
they’re still together. It seemed outrageous to penalize married or
partners who happen to come together and formally, you know, take vows
and commit to marriage — to penalize them because they had two
properties, one of which was being used by one spouse and one by the
other. Government listened.
The issue of strata properties, areas zoned as tourist commercial,
where you can’t rent out places. Again, government listened. Lands that
are vacant or under development. Again, government listened. I’m pleased
that the UDI, whom I met with numerous times on this file…. Anne
McMullin recently said that when they saw the legislation, they were
pleased that government committed today that they will exempt lands
under development from this tax. So the UDI is actually pleased. This is
a very, very important exemption, because we cannot address
affordability if we start passing on a speculation tax to purchasers of
condos and townhouses which were actually being built for affordability
purposes. It’s a good government lesson there.
There are still issues to deal with. Let me go through a few
personal stories first, because I think it’s important to get a sense of
some of the issues that I’m going to canvass more extensively in
committee stage. Committee stage, as is known in this House, is critical
for us to get
interpretation of this legislation for broader
application. There are some real subtleties as to how this tax will be
introduced that government obviously has yet to capture.
In a briefing we had on the introduction of the tax plus some
hours in 72…. Again, it’s been a blur. I was asking some of the issues
directly in the briefing. It’s clear that government has attempted a
commonsense approach not to harm people who are not speculating.
However, there are going to be examples that have yet to be dealt with.
I can think of one example that needs to be discussed where, for no
reason other than you’ve actually got a house that’s old, your house
happens to be built on two city lots. In terms of the registration of
your city lots, you have one house, but there are two lots. It doesn’t
make a lot of sense to pay a spec tax because 100 years ago the lot
zoning was the way it was. So there are some oddities there where we
have to look out.
I don’t know to what extent there are other jurisdictions out
there where boundaries of actual lots span multiple zones. For example,
there are houses in Oak Bay that have some of their property in Oak Bay
and part of the property in Victoria. Now, to what extent does that
exist in the province of British Columbia on the edges of the areas
covered? I’m sure there are properties in Nanaimo, in the CRD, in
Kelowna West and elsewhere where most of the property is in the
contained area but some of it isn’t.
[3:45 p.m.]
These are issues that government may have not yet thought through
and hopefully will be canvassed during committee stage to get some
clarification.
I’ve had people who own a house, a strata building that doesn’t
allow rentals, contact me. I’ve had people who’ve invested in Victoria,
in places that are zoned tourist commercial — specifically designed for
short-term rentals. The zoning actually requires short-term rentals and
doesn’t allow long-term rentals.
Again, this was partly dealt with in this legislation, essentially
by saying that in the affected years 2018 and 2019, these areas —
tourist commercial–type zoning or stratas with no rental clause — are
not going to be subject. I still have issues there with respect to
secondary suites in municipalities that don’t allow secondary suites
officially to be zoned. Can you officially declare a secondary suite
when, officially, you’re not allowed to have one? There are issues there
that I hope to canvass.
I’m hoping that my good friend from the riding of Vancouver–West
End and also