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British Columbia — Debates (Hansard)

4th Session, 37th Parliament OFFICIAL REPORT OF DEBATES OF THE LEGISLATIVE ASSEMBLY (HANSARD) Monday, March 24, 2003 Afternoon Sitting Volume 13, Number 2 THE HONOURABLE CLAUDE RICHMOND, SPEAKER ISSN 0709-1281

PROVINCE OF BRITISH COLUMBIA (Entered Confederation July 20, 1871) LIEUTENANT-GOVERNOR Honourable Iona Campagnolo 4TH SESSION, 37TH PARLIAMENT SPEAKER OF THE LEGISLATIVE ASSEMBLY Honourable Claude Richmond EXECUTIVE COUNCIL Premier and President of the Executive Council................................................................................. .........................Hon. Gordon Campbell Minister of State for Intergovernmental Relations.............................................................................. ..................... Hon.

Greg Halsey-Brandt Deputy Premier and Minister of Education ....................................................................................... ..................................Hon. Christy Clark Minister of Advanced Education................................................................................................. ...........................................Hon. Shirley Bond Attorney General and Minister Responsible for Treaty Negotiations.............................................................. .................... Hon.

Geoff Plant Minister of Children and Family Development.................................................................................... ..............................Hon. Gordon Hogg Minister of State for Early Childhood Development.............................................................................. .................................Hon. Linda Reid Minister of Community, Aboriginal and Women's Services......................................................................... .................. Hon.

George Abbott Minister of State for Community Charter........................................................................................ .................................. Hon. Ted Nebbeling Minister of State for Women's Equality ......................................................................................... .................................... Hon. Lynn Stephens Minister of Competition, Science and Enterprise ................................................................................ ..................................Hon.

Rick Thorpe Minister of State for Deregulation ............................................................................................. ............................................ Hon. Kevin Falcon Minister of Energy and Mines................................................................................................... ....................................... Hon. Richard Neufeld Minister of Finance ............................................................................................................ ....................................................... Hon.

Gary Collins Minister of Forests ............................................................................................................ .................................................. Hon. Michael de Jong Minister of Health Planning .................................................................................................... ............................................ Hon. Sindi Hawkins Minister of Health Services.................................................................................................... ................................................ Hon.

Colin Hansen Minister of State for Mental Health ............................................................................................ ...................................Hon. Gulzar S. Cheema Minister of State for Intermediate, Long Term and Home Care ............................................................................. Hon. Katherine Whittred Minister of Human Resources.................................................................................................... ............................................Hon.

Murray Coell Minister of Management Services................................................................................................ .........................................Hon. Sandy Santori Minister of Provincial Revenue................................................................................................. ................................................Hon. Bill Barisoff Minister of Public Safety and Solicitor General ................................................................................ ..................................Hon.

Rich Coleman Minister of Skills Development and Labour...................................................................................... .............................Hon. Graham P. Bruce Minister of Sustainable Resource Management and Minister of Agriculture, Food and Fisheries ..................................Hon. Stan Hagen Minister of Transportation..................................................................................................... .................................................... Hon.

Judith Reid Minister of Water, Land and Air Protection..................................................................................... ....................................Hon. Joyce Murray LEGISLATIVE ASSEMBLY Deputy Speaker................................................................................................................. ..............................................................

John Weisbeck Leader of the Opposition ....................................................................................................... ...........................................................Joy MacPhail Deputy Chair, Committee of the Whole ........................................................................................... .............................................. Harold Long Clerk of the Legislative Assembly .............................................................................................. .........................................E.

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

James Clerk Assistant/Committee Clerk................................................................................................ ............................................ Kate Ryan-Lloyd Sergeant-at-Arms ............................................................................................................... .........................................................A.A. Humphreys Director, Hansard Services ..................................................................................................... ........................................

Anthony Dambrauskas Legislative Librarian.......................................................................................................... ............................................................. Joan A. Barton Legislative Comptroller ........................................................................................................ .................................................................Peter Bray Published by British Columbia Hansard Services, and printed under the authority of the Speaker by the Queen's Printer, Victoria.

Rates: single issue, $2.85; per calendar year, mailed daily, $298. GST extra. Agent: Crown Publications Inc., 521 Fort St., Victoria, B.C. V8W 1E7. Telephone: (250) 386-4636. Fax: 386-0221. www.leg.bc.ca/hansard In addition to printed transcripts, Hansard Services publishes transcripts on the Internet and broadcasts Chamber debates on television.

Party Standings: Liberal 75; New Democratic 2; Independent Liberal 2. ALPHABETICAL LIST OF MEMBERS Abbott, Hon. George (L) ....................................................................... Shuswap Anderson, Val J. (L) .............................................................Vancouver-Langara Barisoff, Hon. Bill (L)............................................. Penticton–Okanagan Valley Bell, Pat (L).........................................................................Prince George North Belsey, Bill (L).................................................................................

North Coast Bennett, Bill (L) ........................................................................... East Kootenay Bhullar, Tony (Ind. L) ................................................................. Surrey-Newton Bloy, Harry (L).................................................................................. Burquitlam Bond, Hon. Shirley (L).........................................Prince George–Mount Robson Bray, Jeff (L)......................................................................Victoria–Beacon H ill Brenzinger, Elayne (L) ...............................................................

Surrey-Whalley Brice, Susan (L) ............................................................................Saanich South Bruce, Hon. Graham P. (L)................................................ Cowichan-Ladysmith Campbell, Hon. Gordon (L)............................................. Vancouver–Point Grey Cheema, Hon. Gulzar S. (L) ..........................................Surrey–Panorama Ridge Chong, Ida (L)................................................................ Oak Bay–Gordon Head Christensen, Tom (L) .............................................................

Okanagan-Vernon Chutter, Dave (L) ........................................................................... Yale-L illooet Clark, Hon. Christy (L) ..................................................Port Moody–Westwood Cobb, Walt (L) ............................................................................. Cariboo South Coell, Hon. Murray (L) ........................................ Saanich North and the Islands Coleman, Hon. Rich (L) .............................................. Fort Langley–Aldergrove Collins, Hon.

Gary (L).........................................................Vancouver-Fairview de Jong, Hon. Michael (L)....................................... Abbotsford–Mount Lehman Falcon, Hon. Kevin (L) .......................................................... Surrey-Cloverdale Hagen, Hon. Stan (L) ................................................................... Comox Valley Halsey-Brandt, Hon. Greg (L) ..................................................Richmond Centre Hamilton, Arnie (L)............................................................Esquimalt-Metchosin Hansen, Hon.

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

Surrey–White Rock Hunter, Mike (L) ...................................................................................Nanaimo Jarvis, Daniel (L)...................................................... North Vancouver–Seymour Johnston, Ken (L)............................................................ Vancouver-Fraserview Kerr, Brian J. (L).............................................................. Malahat–Juan de Fuca Krueger, Kevin (L).................................................

Kamloops–North Thompson Kwan, Jenny Wai Ching (NDP) ...............................Vancouver–Mount Pleasant Lee, Richard T. (L).......................................................................Burnaby North Lekstrom, Blair (L)................................................................. Peace River South Les, John (L) .......................................................................... Ch illiwack-Sumas Locke, Brenda (L) ...........................................................

Surrey–Green Timbers Long, Harold (L) ...................................................Powell River–Sunshine Coast MacKay, Dennis (L)....................................................... Bulkley Valley–Stikine McMahon, Wendy (L).............................................Columbia River–Revelstoke MacPhail, Joy (NDP) ..........................................................

Vancouver-Hastings Manhas, Karn (L) .............................................Port Coquitlam–Burke Mountain Masi, Reni (L) ...................................................................................Delta North Mayencourt, Lorne (L) ..........................................................Vancouver-Burrard Murray, Hon. Joyce (L) ........................................................... New Westminster Nebbeling, Hon. Ted (L) .......................................... West Vancouver–Garibaldi Nettleton, Paul (Ind. L)..................................................Prince George–Omineca Neufeld, Hon.

Richard (L)...................................................... Peace River North Nijjar, Rob (L)...................................................................Vancouver-Kingsway Nuraney, John (L) ...............................................................Burnaby-W illingdon Orr, Sheila (L) ...........................................................................Victoria-Hillside Penner, Barry (L)....................................................................... Ch illiwack-Kent Plant, Hon. Geoff (L) ......................................................... Richmond-Steveston Reid, Hon.

Judith (L)............................................................Nanaimo-Parksv ille Reid, Hon. Linda (L) ................................................................... Richmond East Richmond, Hon. Claude (L) ................................................................ Kamloops Roddick, Valerie (L)..........................................................................Delta South Sahota, Patty (L).....................................................................Burnaby-Edmonds Santori, Hon. Sandy (L)..............................................West Kootenay–Boundary Stephens, Hon.

Lynn (L) ........................................................................ Langley Stewart, Ken (L)...................................................... Maple Ridge–Pitt Meadows Stewart, Richard (L) ...................................................... Coquitlam-Maillardville Suffredine, Blair F. (L) ................................................................Nelson-Creston Sultan, Ralph (L)....................................................... West Vancouver–Capilano Thorpe, Hon.

Rick (L) ..........................................................Okanagan-Westside Trumper, Gillian (L)................................................................Alberni-Qualicum van Dongen, John (L).........................................................Abbotsford-Clayburn Visser, Rod (L).................................................................................North Island Weisbeck, John (L).........................................................Kelowna–Lake Country Whittred, Hon.

Katherine (L) ...................................North Vancouver–Lonsdale Wilson, John (L)........................................................................... Cariboo North Wong, Patrick (L)............................................................Vancouver-Kensington LIST OF MEMBERS BY RIDING Abbotsford-Clayburn................................................................John van Dongen Abbotsford–Mount Lehman ..............................................Hon.

Michael de Jong Alberni-Qualicum.......................................................................G illian Trumper Bulkley Valley–Stikine ..............................................................Dennis MacKay Burnaby North..............................................................................Richard T. Lee Burnaby-Edmonds............................................................................Patty Sahota Burnaby-Willingdon......................................................................

John Nuraney Burquitlam ........................................................................................ Harry Bloy Cariboo North ..................................................................................John Wilson Cariboo South .................................................................................... Walt Cobb Chilliwack-Kent ............................................................................. Barry Penner Chilliwack-Sumas .................................................................................

John Les Columbia River–Revelstoke....................................................Wendy McMahon Comox Valley .......................................................................... Hon. Stan Hagen Coquitlam-Maillardville .............................................................Richard Stewart Cowichan-Ladysmith .......................................................Hon. Graham P. Bruce Delta North.......................................................................................... Reni Masi Delta South................................................................................

Valerie Roddick East Kootenay .................................................................................. Bill Bennett Esquimalt-Metchosin...................................................................Arnie Hamilton Fort Langley–Aldergrove ..................................................... Hon. Rich Coleman Kamloops ....................................................................... Hon. Claude Richmond Kamloops–North Thompson ........................................................Kevin Krueger Kelowna–Lake Country...............................................................

John Weisbeck Kelowna-Mission ................................................................ Hon. Sindi Hawkins Langley ............................................................................... Hon. Lynn Stephens Malahat–Juan de Fuca .....................................................................Brian J. Kerr Maple Ridge–Mission ................................................................... Randy Hawes Maple Ridge–Pitt Meadows .............................................................Ken Stewart Nanaimo..........................................................................................

Mike Hunter Nanaimo-Parksville ...................................................................Hon. Judith Reid Nelson-Creston.......................................................................Blair F. Suffredine New Westminster ..................................................................Hon. Joyce Murray North Coast ........................................................................................Bill Belsey North Island........................................................................................Rod Visser North Vancouver–Lonsdale.......................................... Hon.

Katherine Wh ittred North Vancouver–Seymour .............................................................Daniel Jarvis Oak Bay–Gordon Head .......................................................................Ida Chong Okanagan-Vernon .................................................................... Tom Christensen Okanagan-Westside.................................................................Hon. Rick Thorpe Peace River North .............................................................Hon. Richard Neufeld Peace River South .......................................................................

Blair Lekstrom Penticton–Okanagan Valley ....................................................Hon. Bill Barisoff Port Coquitlam–Burke Mountain.................................................... Karn Manhas Port Moody–Westwood......................................................... Hon. Christy Clark Powell River–Sunshine Coast.......................................................... Harold Long Prince George North................................................................................Pat Bell Prince George–Mount Robson................................................Hon.

Shirley Bond Prince George–Omineca................................................................Paul Nettleton Richmond Centre......................................................... Hon. Greg Halsey-Brandt Richmond East .......................................................................... Hon. Linda Reid Richmond-Steveston ................................................................ Hon. Geoff Plant Saanich North and the Islands ............................................... Hon. Murray Coell Saanich South...................................................................................

Susan Brice Shuswap .............................................................................. Hon. George Abbott Skeena.............................................................................................Roger Harris Surrey-Cloverdale ................................................................. Hon. Kevin Falcon Surrey–Green Timbers .................................................................. Brenda Locke Surrey-Newton ............................................................................... Tony Bhullar Surrey–Panorama Ridge................................................. Hon.

Gulzar S. Cheema Surrey-Tynehead .......................................................................... Dave S. Hayer Surrey-Whalley ...................................................................... Elayne Brenzinger Surrey–White Rock ...............................................................Hon. Gordon Hogg Vancouver-Burrard................................................................. Lorne Mayencourt Vancouver-Fairview............................................................... Hon.

Gary Co llins Vancouver-Fraserview ...................................................................Ken Johnston Vancouver-Hastings .......................................................................Joy MacPhail Vancouver-Kensington...................................................................Patrick Wong Vancouver-Kingsway..........................................................................Rob Nijjar Vancouver-Langara....................................................................Val J.

Anderson Vancouver–Mount Pleasant............................................Jenny Wai Ching Kwan Vancouver–Point Grey ................................................... Hon. Gordon Campbell Vancouver-Quilchena............................................................ Hon. Colin Hansen Victoria–Beacon Hill.............................................................................Jeff Bray Victoria-Hillside.................................................................................. Sheila Orr West Kootenay–Boundary.................................................... Hon.

Sandy Santori West Vancouver–Capilano ..............................................................Ralph Sultan West Vancouver–Garibaldi ................................................. Hon. Ted Nebbeling Yale-Lillooet .................................................................................. Dave Chutter

CONTENTS Monday, March 24, 2003 Afternoon Sitting Routine Proceedings Page Introductions by Members....................................................................................................... ............................................... 5551 Introduction and First Reading of Bills ........................................................................................ ......................................... 5552 Safety Standards Act (Bill 19) Hon. G. Abbott Safety Authority Act (Bill 20) Hon. G. Abbott Community, Aboriginal and Women's Services Statutes Amendment Act, 2003 (Bill 22) Hon. G.

Abbott Hospital District Amendment Act, 2003 (Bill 25) Hon. C. Hansen Supply Act (No. 1), 2003 (Bill 26) Hon. G. Collins Statements (Standing Order 25B).............................................................................................................................. .............. 5554 Economy in B.C. P. Bell Tourism in B.C. I. Chong Protect Our Schools campaign K.

Stewart Oral Questions................................................................................................................. ......................................................... 5555 Eligibility review for disability benefits J. MacPhail Hon. M. Coell Marijuana grow operations legislation R. Nijjar Hon. R. Coleman High school graduation rate of aboriginal students B. Belsey Hon. C. Clark Development of coalbed methane resources D. MacKay Hon. R. Neufeld English-as-a-second-language programs R. Lee Hon. S. Bond Eligibility review for disability benefits J. MacPhail Hon. M.

Coell Tabling Documents .............................................................................................................. .................................................... 5558 Insurance Corporation of British Columbia, annual report, 2002 Standing Order 35 Motion ....................................................................................................... ............................................... 5558 J. MacPhail Hon. G. Collins

Second Reading of Bills ........................................................................................................ ................................................... 5559 Coastal Ferry Act (Bill 18) Hon. J. Reid J. MacPhail I. Chong Motor Vehicle Amendment Act, 2003 (Bill 17) Hon. R. Coleman Museum Act (Bill 2) Hon. G. Abbott J. Bray S. Orr R. Stewart I.

Chong Committee of Supply ............................................................................................................ ................................................... 5572 Estimates: Ministry of Children and Family Development Hon. G. Hogg J. MacPhail Standing Order 35 Motion (Speaker's Ruling).................................................................................... .................................. 5598

5551 MONDAY, MARCH 24, 2003 The House met at 2:04 p.m. Introductions by Members Hon. R. Thorpe: Today in the galleries I'd like to acknowledge some very special guests. Mr. Speaker, as you're aware, today has been proclaimed Tourism Ambassador Day.

In the galleries today are the recipi- ents of the first annual Tourism Ambassador Awards presented by the Council of Tourism Associations to individuals from each region of British Columbia who have shown outstanding dedication to their jobs and outstanding contributions to growing the British Co- lumbia tourism industry. [1405] First of all, I'd like to introduce Nicole Fransen, representing the Thompson-Okanagan region, from Kelowna; Bill Sanford, representing the Vancouver– Coast Mountain region, from Vancouver; Marilyn Howard, representing the northern British Columbia tourism region, from Dawson Creek; Scott Wedekind, representing Vancouver Island, Victoria and the Gulf Islands, from Victoria; Lee Malleau, representing the British Columbia Rockies tourism region, from Golden; and Carol Clarke, representing the Cariboo-Chilcotin coast region, from Bella Coola.

Also, I'd like to wel- come Richard Krentz, the chair of the Aboriginal Tour- ism Association of British Columbia. I would also note that there are several other members of the tourism industry here today to have a number of meetings with MLAs. Would everyone please give these award recipients a very warm welcome and show our appreciation for their efforts for tourism in British Columbia. Hon. S. Bond: It gives me great pleasure today to acknowledge two outstanding residents from my rid- ing, Prince George–Mount Robson. It's particularly fitting with our focus today on tourism.

Irvin Leroux and Jill Moore of Irvin's Park and Campground were recently awarded the Tourism B.C. 2002 SuperHost customer service award at the fourth annual B.C. Tour- ism industry awards in Kamloops. This award is given annually to a front-line employee whose exceptional customer service has contributed to the outstanding travel experience for visitors to British Columbia. Each year Irvin and Jill welcome over 10,000 visitors to their RV park in Valemount and treat each one of them like one of the family. It is fitting that we recognize Irvin and Jill today as we celebrate Tourism B.C. Day.

I would like to ask the House to join me in congratulat- ing the success of Irvin Leroux and Jill Moore and the outstanding services they provide in Valemount. Additionally, I have the pleasure of introducing three representatives from the College Institute Educa- tors Association of British Columbia, who are in the House today: Cindy Oliver, the president; Roseanne Moran, the staff representative; and Dileep Athaide, the secretary-treasurer. I'm looking forward to a very productive meeting with them later this afternoon. J.

MacPhail: I welcome the last three guests as well, and I hope the meeting is productive too. They're excel- lent advocates of education, all three of them. I have family members of my staff here today. Karen Anderson, the spouse of one of our research officers, Don Anderson, is here. Also, she is accompa- nied by Don's parents, Andy and Nina Anderson. They're visiting from Kelowna. Karen's mother, Elsa Bieller, is visiting from Armstrong. Would the House please make them welcome. Hon. M. Coell: Visiting today is Mr. Ted Smyth, a resident of Saanich South and a former city of Victoria tennis champion.

Would the House please make him welcome. R. Visser: This is a real treat for me. Visiting us today from Campbell River are Al and Marilyn Grant. I met Al and Marilyn Grant when I was very small, be- c a u s e A l o w n s a s i g n p a i n t i n g c o m p a n y . H e u s e d t o come, when I was a kid, and hand-paint signs on the s i d e o f m y f a t h e r ' s m a c h i n e r y . I ' v e k n o w n t h e m f o r a long time. They've been very supportive over the years. They have been dear friends, and they're here today. It's Marilyn's birthday today. It's their anniversary to- morrow.

It was Al's birthday last week. I'm not al- lowed to say how old they are. I could take a wild guess, but I won't. They're here visiting their daughter, who works at Hansard, Christine Ewart. Would the House please make them welcome. Hon. G. Abbott: I have the pleasure to introduce a number of guests in the gallery today. Earlier today I had the great pleasure, at Emily Carr House, of signing an MOU for the creation of a $5 million B.C. Heritage legacy fund, along with representatives from the Land Conservancy and the B.C. Heritage Society. A number of them are in the gallery today.

Maureen Arvanitidis is the current president of the B.C. Heritage Society. The society represents over 150 heritage-related mem- ber groups across the province. Rick Goodacre is the executive director of the Heritage Society. As well, from the Land Conservancy of British Columbia, Bill Turner, who is the president and executive director.

The Land Conservancy has been in the forefront of efforts in B.C. in the past few years to conserve ecologi- cally sensitive lands and properties of heritage value. [1410] Also in the gallery today is Ian Fawcett, deputy executive director of the Land Conservancy; Stuart Stark, a vice-president of the Land Conservancy; Pat- rick Frey, manager of heritage programs; and Rhonda Hunter, who is the director of the heritage branch.

As well in the gallery, here to observe the introduc- tion of some new safety legislation for British Colum- bia, are John Leech, the executive director of the Ap- plied Science Technologists and Technicians of B.C., as

5552 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 well as Abigail Fulton, who is the president of the Brit- ish Columbia Construction Association. I'd ask the House to make them all welcome. R. Harris: In keeping with the tourism trend started by the minister, I'd like to take this opportunity to in- troduce Dan Stefanson, who is the executive director of the Northern British Columbia Tourism Association. Would the House please make him welcome. Hon. G. Hogg: The White Rock Christian Warriors senior boys AAA basketball team is the provincial champion.

On March 15, 2003, led by coach Scott Allen, the Warriors, using their quickness, their defence and their perimeter shooting, won their second provincial title. The schools program has made the community of White Rock–South Surrey very proud. Their commit- ment to excellence and to being the best they can be is an example to each of us. I ask this Legislature to join with me in extending our congratulations and best wishes to the White Rock Christian Warriors, provin- cial champions. B. Lekstrom: It's my privilege today to welcome two friends of mine, two people that work very hard on behalf of the Peace country.

My friends are from Tumbler Ridge, two gentlemen I've known for many years. I would like the House to welcome His Worship Mayor Clay Iles from Tumbler Ridge, as well as coun- cillor Don McPherson. Welcome, gentlemen. Hon. B. Barisoff: Today in the House I'd like to introduce Michael and Beth Campbell, two constitu- ents of mine from Penticton. Would the House please make them welcome. B. Bennett: It's my honour today to introduce the president of Tourism Rockies. The Rockies are one of the world's most recognized travel icons.

Just recently, within the last few days, the region known as Tourism Rockies has added the word "Kootenay" to its name. It's my pleasure today — and I hope that everyone here will help me — to welcome the president of the new Kootenay-Rockies region, Chris Dadson. L. Mayencourt: It's my pleasure to introduce Mr. Kevin Ridgeway, who is president and chief executive officer of Vancouver, Coast and Mountains. Mr. Ridge- way is joining the group that the Minister of Competition, Science and Enterprise mentioned a little bit earlier. I would ask the House to please make him feel welcome. I also have Mr.

Colin Simmons here, who is a con- stituent in my riding. I ask the House to make them feel welcome. Finally, I would like to take this opportunity to wish the member for Bulkley Valley–Stikine a very happy birthday. I. Chong: Today I, too, would like to acknowledge some tourism officials: first of all, David Petryk, the executive director of Tourism Vancouver Island. I also want to pay a special welcome to a longtime good friend of mine, the general manager of Butchart Gar- dens, Mr. Arild Solbakken. Would the House please make them welcome. T.

Christensen: It's my pleasure this afternoon to welcome somebody who's in charge of selling one of the most beautiful areas of the province, the Thompson Okanagan. Would the House please welcome Deanna Rainey, who is the CEO of Thompson Okanagan Tour- ism. J. Wilson: Today I have the pleasure of welcoming Mark Nichiporuk, who is the executive director of the Cariboo Chilcotin Coast Tourism Association — and, I might add, probably one of the most unique areas in this province to visit. [1415] Hon.

M. de Jong: On a day when students across the province are returning to school, four of my young constituents have decided to extend their holiday by one day and are joining us in Victoria. Maddison, Christopher, Nicholas and Phillip Holmberg are guid- ing Grandpa around the precincts today ― Grandpa Dave being a recent recipient of the Queen's Golden Jubilee award. Would the House make them all feel welcome. Hon. R. Thorpe: I, too, have a constituent in the gallery. Mr. Jim Hart from Summerland is here for meetings today, and I would ask the House to please make Jim welcome. D. Jarvis: Not least is Mr.

Eddie Wood, who is a member of my riding and also is the first vice-president of COTA. He is the manager of Mount Seymour moun- tain, which is on the top of my riding. If you want to have good skiing, this is the place to go. Would you all welcome him, please. Hon. G. Bruce: I have 40 friends from the Cowichan Valley here today, and I would like to in- troduce them all to you by name. They're from the British Canadian Club, and they're here for a tour and to see the stained glass window that was a com- memorative of the Queen's Golden Jubilee.

I would ask the House: would you all make them truly wel- come — and everybody else. Mr. Speaker: And if we missed anyone, welcome to the precincts. Introduction and First Reading of Bills SAFETY STANDARDS ACT Hon. G. Abbott presented a message from Her Honour the Lieutenant-Governor: a bill intituled Safety Standards Act.

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5553 Hon. G. Abbott: I move that Bill 19 be now read a first time. Motion approved. Hon. G. Abbott: I'm pleased to present the Safety Standards Act. This act consolidates several pieces of legislation and allows the British Columbia safety sys- tem to be more flexible and innovative. This legislation provides for a modernized, clear and fair regulatory environment supported by effective enforcement tools. British Columbia is one of the leading provinces in Canada in public safety.

By introducing this legislation, we'll enhance our safety record while reducing red tape and modernizing our safety system. This legisla- tion is the product of extensive consultation with in- dustry, labour and business groups, who said the exist- ing legislation was cumbersome and outdated. We're acting on their request to bring the safety act up to date with respect to changes in technology, products and service. I move that the Safety Standards Act be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill 19 introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. SAFETY AUTHORITY ACT Hon. G. Abbott presented a message from Her Honour the Lieutenant-Governor: a bill intituled Safety Authority Act. Hon. G. Abbott: I move that Bill 20 be read for a first time now. Motion approved. Hon. G. Abbott: I'm pleased to present the Safety Authority Act. This legislation provides for the admini- stration of safety delivery components of the Safety Standards Act by an independent safety authority.

The new authority will allow for responsive decision- making, a more efficient operating system and greater overall accountability. [1420] The authority will operate with strong checks and balances to ensure that public safety standards are met. This not-for-profit authority will be fully cost- recovered through fees set in consultation with indus- try and based on criteria established by the province. The authority's control over revenues will ensure that all the funds it collects can be reinvested in the safety system.

The government retains the ultimate responsi- bility and accountability to British Columbians for good governance of the safety system. I move that the British Columbia Safety Authority Act be placed on orders of the day for second reading at the next sitting of the House after today. Bill 20 introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. COMMUNITY, ABORIGINAL AND WOMEN'S SERVICES STATUTES AMENDMENT ACT, 2003 Hon. G.

Abbott presented a message from Her Honour the Lieutenant-Governor: a bill intituled Community, Aboriginal and Women's Services Statutes Amendment Act, 2003. Hon. G. Abbott: I move that Bill 22 be read a first time now. Motion approved. Hon. G. Abbott: I'm pleased to present the Com- munity, Aboriginal and Women's Services Statutes Amendment Act, 2003. This is part of our commitment to streamlining regulations and cutting red tape and providing for safe, sustainable and livable communi- ties.

There are several minor amendments to four acts contained in this amending act: the Heritage Conserva- tion Act, the First Peoples' Heritage, Language and Culture Act, the Local Government Act and the Mu- nicipalities Enabling and Validating Act (No. 3). The Heritage Conservation Act amendment will wind up Heritage Trust operations by the end of this fiscal year. Some of the funds from the Heritage Trust will go to the new B.C. Heritage Legacy Fund.

The remaining funds will be distributed to honour outstanding commitments made by the Heritage Trust and to build capacity and sustain- ability in the heritage community. The First Peoples' Heritage, Language and Culture Act will streamline changes to the advisory council ap- pointments and modernize references to first nations. The Local Government Act, the Municipalities Enabling and Validating Act and the Vancouver Charter amend- ments respond to local government requests.

Examples include local governments being able to waive devel- opment cost charges for non-profit supportive living, helping the Northern Rockies regional district better meet the governance needs of their community and al- lowing one member rather than the whole Vancouver police board to hear security alarm permit appeals. I move that Bill 22 be placed on orders of the day for second reading at the next sitting of the House after today. Bill 22 introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

HOSPITAL DISTRICT AMENDMENT ACT, 2003 Hon. C. Hansen presented a message from Her Honour the Lieutenant-Governor: a bill intituled Hos- pital District Amendment Act, 2003.

5554 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 Hon. C. Hansen: I move that Bill 25 be read a first time now. Motion approved. Hon. C. Hansen: I'm pleased to introduce the Hos- pital District Amendment Act, 2003, which will sup- port our government's implementation of generally accepted accounting principles and eliminate unneces- sary provincial controls over regional hospital district boards. Regional hospital districts play an important role in sharing the capital cost of hospital construction and equipment with the province.

Right now, regional hospital districts are part of the government's expanded reporting entity, meaning that their financial results are included as supplementary information when the province's financial statements are presented. This creates unnecessary areas of dupli- cation and increases administrative and financial costs for both my ministry and the regional hospital districts, as well as for the office of the comptroller general. Our amendments will address these problems and facilitate the implementation of generally accepted accounting principles for the next fiscal year.

In fact, the legislative changes were recommended by the of- fice of the auditor general as necessary in order to ex- clude regional hospital districts from the government reporting entity when these principles are brought in. [1425] The amendments will clarify that the province does not have the unhindered right to appoint or remove directors from regional hospital district boards, and it gives regional hospital district boards greater auton- omy, because it reduces the need for the minister to approve their annual budgets, capital expenditures, borrowing bylaws and tax requisition.

Regional hospital boards are made up of democ- ratically elected officials of local government who should be solely accountable to the taxpayers who elected them. Our amendments to the Hospital District Act will clarify that the government does not have the power or unhindered right to appoint or remove hospi- tal district board members so that these elected officials can do the work they were elected to do. I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill 25 introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. SUPPLY ACT (No. 1), 2003 H o n . G . C o l l i n s p r e s e n t e d a m e s s a g e f r o m H e r Honour the Lieutenant-Governor: a bill intituled Sup- ply Act (No. 1), 2003. Hon. G. Collins: I move the bill be introduced and read a first time now. Motion approved. Hon. G.

Collins: This supply bill is introduced to provide supply for the continuation of government programs until the government's estimates for 2003-04 have been debated and voted upon in this assembly. The bill will provide interim supply for govern- ment operating expenses for the initial two months of the 2003-04 fiscal year. This will allow the time to de- bate and pass the required estimates. The interim sup- ply is required because existing voted appropriation will expire on March 31, 2003. This bill will also provide interim supply for other financing requirements.

The bill seeks supply for 50 percent of the year's financing transaction require- ments for capital asset expenditures and loan and in- vestments, and 100 percent of the year's financing transaction requirements for revenues collected for and transferred to other entities. This will allow time to debate these requirements. This interim supply is also required because existing voted appropriations will expire on March 31, 2003. I move that the bill be placed on orders of the day for second reading at the next sitting of the House after today.

Bill 26 introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today. Statements (Standing Order 25

B) ECONOMY IN B.C. P. Bell: Some detractors of our government have suggested that we're not looking after the heartlands, so I'd like to take a few moments today to review the history of the nineties, our record so far, and do some- what of a comparison. In the nineties the government of the day intro- duced a luxury-vehicle tax on the pickups that heart- lands residents drive to work every day. They sug- gested a new tax on SUVs and pickups that would have made them even less affordable to operate. They built three ferries for $450 million, and we know today what they're really worth.

They introduced the super- stumpage that drove the forest industry into decline and sent the mining industry packing when they turned the richest mineral deposits anywhere in the world into a park at Windy Craggy. We've taken many positive steps to correct the ills of the nineties. We've made substantial changes to the forest industry including the implementation of Bill 74, the Forest and Range Practices Act. We've raised the threshold on luxury vehicles so working families can actually buy a pickup.

We've eliminated red tape and duplication for the mining sector, and we've seen that sector double in exploration since we've come into of- fice. We're dedicating $609 million of the $650 million collected in the new gas tax to heartlands roads, and no, that doesn't include the Sea to Sky Highway. We now have a northern caucus that reports di- rectly to the Premier and is raising northern issues.

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5555 We've eliminated PST on equipment and machinery used in the logging and mining industry, and we've simplified regulations to stimulate oil and gas explora- tion in the Nechako basin. We're doing exactly what British Columbians w a n t e d u s t o d o — that's a prosperous and growing economy — and we recognize that a healthy heartlands will drive the economy for all of British Columbia. TOURISM IN B.C. I. Chong: Tourism — what an exciting industry.

Today we are acknowledging the first-ever tourism day at the Legislature, with tourism industry represen- tatives meeting with MLAs and ministers throughout the day. Tourism is the second-largest industry in this province, generating over $9.2 billion in annual reve- nues. [1430] Here in greater Victoria we generate about $1 bil- lion of that total. Last year we saw more than 22 mil- lion tourists visit our province, of which more than five million were international overnight visitors. What did those visitors do?

From agritourism to ecotourism to recreational sports tourism, cultural tourism, adven- ture tourism and of course shopping, B.C. truly has the best tourism products to offer. Marketing is key to making this industry grow, and the various tourism industries like COTA, Tourism Vancouver, Tourism Victoria and Tourism Vancouver Island do this all so very well. Where does our gov- ernment fit into this picture? To begin, our government is committed to doubling the tourism industry by the year 2010.

By investing in transportation infrastructure, we will begin to connect B.C.'s heartland communities, where the tourism potential is phenomenal. Our com- mitment to work with the city of Cranbrook to com- plete its airport expansion will no doubt increase inter- national visitation in that region. Improvements to the Port of Prince Rupert will help create economic oppor- tunities for northern B.C., particularly in the cruise ship industry.

We're developing a B.C. resort task force that will help to build and promote B.C.'s world-class, all-season resorts so that we'll be able to maximize the benefits of the 2010 Olympics and beyond. In Vancouver, the Trade and Convention Centre expansion will mean that we will finally be able to attract large groups wish- ing to hold their annual conferences here — not to for- get Victoria, where we're already planning for a prom- ising year with the new paleontology exhibit at the Royal B.C. Museum, Dragon Bones: When Dinosaurs Ruled China. We're also expecting 127 cruise ship visits this summer.

Every region of this province can benefit from tourism. Tourism is a renewable resource. Let us all celebrate it together. PROTECT OUR SCHOOLS CAMPAIGN K. Stewart: Education should be the focus of our schools, not cleanup, and right now too much money is spent on repairs due to vandalism across this province. School vandalism is a huge issue in many communi- ties, and in my riding alone, repair costs on damaged books, broken windows and graffiti reach $450,000 per year.

Recently school district 42 joined members of our community of Maple Ridge and Pitt Meadows to launch an anti-vandalism campaign called Protect Our Schools. This program will help save money and put it back into the classrooms. The Protect Our Schools cam- paign takes a multi-pronged approach to stopping vandalism, which includes community awareness, a 24-hour anti-vandalism hotline and making schools less susceptible to vandalism.

Most importantly to me, the campaign involves students in combatting vandal- ism through educational materials and activities such as wall-painting murals, with programs as positive alternatives to just hanging around after school. This campaign will not only heighten awareness around the costs of vandalism, it will also bring back a sense of community and pride in our schools that has far-reaching effects and benefits. Students have always been encouraged to take pride in their schools, and I believe this campaign will be another motivation for them to become actively part of the solution.

I'd like to congratulate those who have put forward so much effort into getting this program off the ground, from the school district representatives and administrators to the local police, community groups, and of course parents and students. Vandalism is a community prob- lem and requires a community solution. I encourage other school districts and communities to find out more about what our community is doing in this mat- ter and to launch similar programs. Mr. Speaker: That concludes members' statements. Oral Questions ELIGIBILITY REVIEW FOR DISABILITY BENEFITS J.

MacPhail: Last week the deadline passed for dis- abled British Columbians to return their 23-page re- view form. Already the letters are starting to go out, kicking people off their benefits. In the letter sent, dis- abled British Columbians are being told that they don't get to keep their benefits because their mental impair- ment is not severe enough. To the Minister of Human Resources: can he tell the House what objective measure he's using to determine a person's state of mental impairment that would then give him the authority to kick them off their benefits? Hon. M.

Coell: The member fails to grasp that nothing we are going to be able to say will satisfy her or her friends. From the beginning of this process, they have chosen to misinform and to spread fear among the very people they're said to be advocating for. She s h o u l d k n o w t h a t t h e r e v i e w i s d o n e b y d o c t o r s a n d

5556 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 health professionals, and on their recommendation, changes have been made. Mr. Speaker: The Leader of the Opposition has a supplementary question. [1435] J. MacPhail: Well, it isn't me fearmongering. I'm reading directly from the letters that the minister is sending out. I expect it will come as a surprise to the physicians of these people that they're responsible for kicking them off their benefits, which is what the min- ister just said.

Advocates say that many of the disabled British Columbians who were being kicked off benefits face severe mental challenges. Many have problems with reading and writing. You'd hope that the minister would show some compassion, but that would be ask- ing too much from this government. Let me just read from the instructions for the ap- peal that the minister has sent out with his letter kick- ing them off benefits.

This is a quote: "Upon submitting your request for reconsideration and employment and assistance coordinator, EAC, or representative of the health assistance reconsideration unit, HARU, will reconsider the ministry decision. It is important that you submit all relevant documents relating to your request, along with your employment and assistance request for reconsideration, in order to ensure that all pertinent information is considered by the EAC and the HARU. If you are dissatisfied, the EAC or HARU will indicate whether or not the decision may be appealed." That's part of a larger letter.

Is this what is actually the measure that the minister is using? If you can under- stand this paragraph, you're kicked off benefits; if you can't, you won't know how to appeal it, so you're still kicked off? Hon. M. Coell: As the member would know, under the previous legislation there was no requirement for any review. There was no requirement for a medical update of anyone on DB-2. Interjection. Hon. M. Coell: The definition was changed to make it compatible with human rights case law — and I've said this a dozen times to the member — and to make it comparable to other provinces. Mr.

Speaker: The Leader of the Opposition has a further supplementary. J. MacPhail: I'll tell you, the weak support coming from his own caucus is booming support considered out there in the community. This minister has not given any substantiation to why he's doing this, on what grounds he's doing it or even what the criteria are for being on benefits or for being kicked off benefits. Not only is the minister tying up the most vulnerable British Columbians in red tape, hoping that they'll just give up and go away, he's not even following his own rules.

The rejection letter that those British Columbians are receiving says they have 20 days from the date of the letter to appeal the decision kicking them off bene- fits — 20 days from the date of the letter. But the minis- ter's own regulations say that a person has 20 days to appeal from the date that they were notified. In law that means the date that they received the letter. Can the minister explain to those British Columbians who are disabled why they should bother following in- structions that go against his own regulations?

He is de- manding that they follow forms that will give them far fewer days to appeal. Will he immediately stand up and apologize and issue a new letter that extends the time to the people who are now having to appeal? Hon. M. Coell: This review process was never about cost-cutting. It was not initiated to balance the books. Interjection. Mr. Speaker: Order, please. Hon. M. Coell: Any comment to the contrary, whether made by the member or her friends, is not based on fact. A couple of facts she might be interested in: the previous system was growing at a rate that was not sustainable. Interjection. Mr.

Speaker: Order, please. Hon. M. Coell: From '94 to '02 the average growth rate in British Columbia — the caseload — was 11 per- cent. The national average was 3 percent. Interjections. Mr. Speaker: Order, please. The member for Vancouver-Kingsway. Interjection. Mr. Speaker: Order, please. Order, please. The member for Vancouver-Kingsway has the floor. [1440] MARIJUANA GROW OPERATIONS LEGISLATION R. Nijjar: My question is to the Solicitor General. Interjection. Mr. Speaker: Order, please. Interjection. Mr. Speaker: Order, please. The member for Vancouver-Kingsway has the floor.

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5557 R. Nijjar: Vancouver city police estimate there are approximately 10,000 marijuana grow operations in the city of Vancouver. Law enforcement agencies are doing all that they can. However, they need more assistance, and more needs to be done. I've been working on this issue very hard, and I've been watching a piece of On- tario legislation that was enacted last year. What it does is allow civil courts to freeze, seize and forfeit the pro- ceeds of illegal activity.

It seems to me that this legisla- tion is working well in Ontario, and similar legislation has worked well in the United States for many years. Is the Solicitor General considering such legislation in Brit- ish Columbia to combat the proceeds of illegal activity? Hon. R. Coleman: We are reviewing the Ontario legislation as to how it may be able to apply in our ju- risdiction. All tools that are available for us to fight back the marijuana grow ops are being reviewed at this point in time, to look at anything that we can give the police that will help them with their job.

At the same time, we are in consultation with and talking to the federal prosecutors to let them know that we want them to start asking for and seeking harsher sentences in this regard. Frankly, we have to have this together as a continuum to make the whole thing work together. We've had a pretty good record on the criminal forfeiture of crime because, frankly, in this province, versus Ontario, most of our policing at the municipal, the provincial and the federal level is all RCMP. We do have sort of a seamless relationship for how we can deal with those forfeitures of crime.

Any tool that we can get, including the Ontario legislation, which we're reviewing now, we're going to be looking at to see if we can give it to the police and to the communities to fight back against this issue. HIGH SCHOOL GRADUATION RATE OF ABORIGINAL STUDENTS B. Belsey: My question is to the Minister of Educa- tion. The number of aboriginal students that completed high school last year went up 8 percent, from 34 to 42 percent.

Although the eight-point jump is significant, the fact still remains that it's nearly 40 percent below the average number of non-aboriginal students gradu- a t i n g f r o m s c h o o l . A s m y c o n s t i t u e n c y i s h o m e t o a large number of aboriginal students, approximately 50 percent, can the Minister of Education tell us what she is doing to help bridge this gap? Hon. C. Clark: That's an important question. As the member pointed out, we've done a lot better as a prov- ince for aboriginal kids than we have in the past. Abo- riginal graduation rates are now up at 42 percent, which is a big increase.

The member's district, in par- ticular, has done a tremendous job of making sure that young aboriginal children do better in their schools over the last year or so. We are the only province in Canada that measures how well first nations students are doing. We are the only province in Canada that builds those numbers into accountability contracts so that school districts are required to set goals for improvement and then put in place plans to meet those goals. We are now the only place that's going to be embarking on what we're call- ing enhancement agreements across the province.

Enhancement agreements are agreements between school districts and every aboriginal group in a district, where they sit down and talk and decide what out- comes they want for their kids and what kind of educa- tion they're going to be delivering. It's important that that dialogue happen in every single community. Our g o a l i s t o m a k e s u r e t h a t w e h a v e 6 0 e n h a n c e m e n t agreements in place across the province by 2005. That will be an important milestone in making sure that first nations kids have the same opportunity to achieve that every other student in British Columbia has.

DEVELOPMENT OF COALBED METHANE RESOURCES D. MacKay: M y q u e s t i o n i s t o t h e M i n i s t e r o f E n - ergy and Mines. My riding of Bulkley Valley–Stikine is h o m e t o v a s t m i n e r a l d e p o s i t s a s w e l l a s o n e o f t h e largest coalbed methane reserves in British Columbia. Development of these resources will provide jobs for my constituents and new revenues for the province. The West Coast Environmental Law Association has raised concerns that in some other jurisdictions, some of the water produced from these wells can be toxic.

Can the Minister of Energy and Mines tell us what B.C. is doing to address these concerns and learn from the experiences of other jurisdictions? Hon. R. Neufeld: Yes, the re i s a hug e opportunity in the province of British Columbia in the development of coalbed methane. It will bring investment and jobs and dollars to the province and to people that are liv- ing in the heartlands of British Columbia. [1445] Water is an issue with coalbed methane develop- ment, but it's not new to the ministry. We've been deal- ing with water in the oil and gas industry for over 40 years.

There are sections of the Waste Management Act that are under the auspices of the Minister of Water, Land and Air Protection, and also the regulations in the Petroleum and Natural Gas Act that deal with waste water and how you can dispose of waste water. In fact, there are quite a number of sections in the regulations. We are trying to learn from the U.S.'s mistakes as best we can so we can move forward and develop this in an environmentally sound manner. ENGLISH-AS-A-SECOND-LANGUAGE PROGRAMS R. Lee: My question is to the Minister of Advanced Education.

Many people in my community of Burnaby North rely on institutions that offer English as a second language. Interjections.

5558 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 Mr. Speaker: Hon. members, let's have order, please, so we may hear the question. Please start over again, member. R. Lee: My question is to the Minister of Advanced Education. Many people in my community of Burnaby North rely on institutions that offer English as a second language. In January the Vancouver Community Col- lege announced that it would be reducing the number of seats available for ESL students. Can the Minister of Advanced Education tell my constituents what she has done to make English-language training a priority for British Columbians? Hon.

S. Bond: English-as-a-second-language train- ing is important to us. What we've done over the past almost two years is allow institutions the ability to make the decisions that reflect the needs of their par- ticular communities. Institutions around this province are very different. I'm pleased to say that my staff has met on numerous occasions over the last several weeks with Vancouver Community College, and as we deliv- ered our budget this year, certainly every institution received either the same amount of money as last year or more money.

Within the last week we've been able to announce an additional $10 million in unconditional grants to those institutions to help institutions like Vancouver Community College make decisions that are appropriate for their particular schools. ELIGIBILITY REVIEW FOR DISABILITY BENEFITS J. MacPhail: B a c k t o t h e M i n i s t e r o f H u m a n R e - sources. Perhaps this is the time, actually, where he could answer the questions. These are technical ques- tions facing people's lives, affecting people's lives. So the rhetoric is ridiculous. Let's just recap what the minister has told this House.

The minister sends 18,000 of the most vulnerable people a 23-page form, asking them to justify their bene- fits. At least one person was so scared he took his own life. The coroner says that. Then, contradicting his own documents, he says his intention is not to kick people o f f . H e s ay s , i n f ac t , t hat m o re p e o p l e are g e t t i ng as s i s - tance. So far, I'm quoting the minister directly. Soon af- ter, letters start arriving on people's doors saying they're out of luck.

"If you want to appeal, here are a bunch more hoops and red tape — if you can understand it — that you have to jump through." But the minister can't even follow his own rules and tells people they have much less time to appeal than the law gives them. Can the minister stand up and tell us why he is subjecting the most vulnerable British Columbians to his own incompetence? Will he now send out a new letter telling people that they have the legal amount of time to appeal his decision? Hon. M. Coell: As I said previously to the mem- ber….

She continues to misinform and spread fear amongst the very people she's claiming to advocate for. The previous legislation, as I said, had no requirement for an update on medical files. The caseload was in- creasing at 11 percent a year from '94 to 2002. The Ca- nadian average was 3 percent. This review is not about cost-cutting. It's about making sure that people in need get the benefits that they need. Interjection. Mr. Speaker: Order, please. [End of question period.] Tabling Documents Hon. G.

Collins: I have the honour to present the annual report for the Insurance Corporation of British Columbia for 2002. [1450] Standing Order 35 Motion J. MacPhail: As provided for under standing order 35, I rise to request that this House do now adjourn for the purpose of debating a motion to support the resolu- tion adopted by the city council of New York on March 12, 2003, after the city council found that it had not been substantiated that all other means of disarming Saddam Hussein in accordance with the United Na- tions resolution had been attempted and had therefore failed.

That resolution from the legislative body that represents those who were most impacted by the ter- rorist attack of September 11, 2001, calls upon the United States and allies not to engage in a pre-emptive strike against Iraq. This House did not sit last week when the war started, but as the news of the war in Iraq has reached all of us over the past days, the intent of the resolution, as passed by the city council of New York, is of even greater import. This is our first and perhaps our only opportunity to add our voices to the thousands that hope to influence and halt the killing in Iraq.

As per the standing orders, I have prepared a written motion for your consideration that expresses support for an end to the hostilities and support for the council of New York City resolution. Mr. Speaker: The Chair will entertain a speaker from the government side. The Government House Leader. Hon. G.

Collins: Just to put forward my comments in this regard, I think I would be reflecting all members of the House in saying that our thoughts and prayers are with the people serving overseas, as well as their families, as well as with the Iraqi people at this very difficult and turbulent time in that area of the world. I think everybody hopes for a quick and early resolution of the conflict that exists. The matter before the House and the motion by the member opposite to adjourn the House for an emer-

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5559 gency debate is one that comes before this House not infrequently but is rare. I think it's six times since the existence of the standing order that there's actually been a debate — something like that, about six times. It's important to note that the matter that's before the Speaker is not the importance of the issue or the impor- tance of the subject matter but rather the emergency requirements that a debate be held immediately.

Certainly, since the changes in the standing orders that we brought in at the beginning of the session as well as last year, there are ever more opportunities for all members of this House to bring forward matters that are important to the floor of the Legislature for debate and comment. There are a number of them. I can just draw the Speaker's attention to opportunities where the issue can be raised. Certainly, private mem- ber's statements are opportunities for that. We just had that this morning.

All private members of the House are able to put themselves on the order paper for de- bate of really any matter which they feel is urgent and important. I notice that opportunity was not taken. There are also opportunities at the beginning of every question period for statements by members where individual members, private members, can make a statement on an issue that concerns them and may well concern the entire House. That is an oppor- tunity that's available. As well, there are provisions for motions where members can place motions on the or- der paper.

We now have a time on Monday mornings, this morning, where we can debate those issues that are considered important to people, and we do peri- odically. In fact, this morning we debated at length a private member's bill that was in the hands of the member previously. All of those are items that are available to members. There is also the issue of whether or not there is some- thing that has changed so dramatically that it would require the debate of the House immediately, without notice. Certainly, there has been conflict in the Middle East, in Iraq. This has been ongoing for some time.

The resolutions of various political jurisdictions with re- gard to this matter have come forward and are all, I know, taken seriously by all members. There have also been opportunities for members to discuss this issue in the past. Certainly, I notice on the order paper there is no motion on notice by that mem- ber opposite with regard to this issue whatsoever in the past. I think there are opportunities in the very near future, as well — as early as this morning or as early as tomorrow, as early as this afternoon — for private members who want to make a statement.

I believe that while we all feel strongly about this issue, all members have the opportunity to make statements. All members have the opportunity to come forward and take advan- tage of the many additional…. [1455] Interjection. Hon. G. Collins: All members have the opportu- nity to take

part in the opportunities that are provided t o m e m b e r s , m a n y o f w h i c h h a v e b e e n a d d e d i n t h e last two years. I would encourage the member to do that. It doesn't downplay…. Interjection. Mr. Speaker: Order, please. Order. Hon. G. Collins: It certainly doesn't downplay the seriousness of the matter or the way people feel about the matter, but I think that according to the standing orders of our House, there are other opportunities for those debates to take place without invoking the very rarely used provision for an emergency debate. Mr. Speaker: Thank you, hon. members.

I appreci- ate the comments from both members. The motion under standing order 35 is in order, and the Chair will consider it. I will defer my decision until later today. Orders of the Day Hon. G. Collins: I call second reading of Bill 18. Second Reading of Bills COASTAL FERRY ACT Hon. J. Reid: I move that the Coastal Ferry Act be read a second time. B.C. Ferries is being transformed into a modern, safe, reliable ferry system that is designed to provide superior service with no additional financial burden on taxpay- ers.

This bill establishes a new, independent, regulatory framework for coastal ferry services and a new service delivery model. It also provides for a long-term contract between the province of British Columbia and B.C. Ferry Services to ensure the future of the ferry system. I want to begin my comments by acknowledging the tremendous contribution made by the men and women of the British Columbia Ferry Corporation over the more than 40 years that the Crown corporation has served coastal communities in British Columbia. We are taking action to restructure B.C.

Ferries because of the problems with its governance and structure which have inhibited the corporation's ability to operate in a sound, businesslike manner. Political mismanagement and bad business decisions in the past have meant a waste of taxpayers' money. [1500] The vessels we rely on for this service are aging. Terminals need upgrading, and service overall needs to be improved. This major capital investment must be achieved without a huge burden on the taxpayers of British Columbia. For example, one new Spirit-size vessel alone could cost upwards of $160 million.

The overall cost of the entire capital renewal program for B.C. Ferries over 15 years is in the neighbourhood of $2 billion. B.C. Ferries' problems have all been well chronicled in independent reports about the ferry sys- tem by Hugh Gordon, George Morfitt and Fred Wright.

5560 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 The provincial government and B.C. Ferries board of directors examined a variety of potential solutions for the coastal ferry system during the core services review process last year. In December we announced a new future for B.C. Ferries and its role in our prov- ince's growing economy. We have determined that an authority model best meets the objectives of creating a modern, safe and reliable ferry service while protecting B.C. taxpayers from financial risk and the threat of ad- ditional debt. [J.

Weisbeck in the chair.] We are moving forward with this new business model so that the new B.C. ferry service can operate in a commercial manner. The new B.C. Ferry Services is designed to attract private sector investment, establish innovative partnerships and, for the first time in more than 40 years, be able to respond to the marketplace and offer services that people are seeking.

Just as im- portantly, we are moving forward with this new busi- ness model to strengthen our coastal economies that have been restricted by the lack of a responsive and dependable ferry service that is needed to move goods and people throughout the regions. All of us here today have been customers of B.C. Ferries. We all know the spectacular marine and moun- tain scenery of Georgia strait. We know the trip through the scenic Gulf Islands. We all want the service to succeed; we all need it.

It is fundamental to local economies, and it is one of the most prominent sym- b o l s o f o u r l i f e s t y l e h e r e o n t h e w e s t c o a s t . I n f a c t , coastal British Columbians very much want B.C. Fer- ries to succeed. Most of all, B.C. wants B.C. Ferries to meet its potential, to sail on time, to have clean facili- ties, a good selection of food choices and friendly ser- vices and, of course, to remain affordable. That is why this legislation is so important. For B.C.

Ferries to meet its potential, it needs to have the flexi- bility to respond to the marketplace without future political interference. It needs to develop a collective agreement with its unionized employees that is reflec- tive of a contemporary commercial company. B.C. Fer- ries needs to have the will, the expertise and the legis- lated mandate to understand its customer base better and to be able to respond using state-of-the-art busi- ness practices. Right now, B.C. Ferries falls short of its true poten- tial. The corporation is restricted in making good busi- ness decisions.

It cannot be sustained in its current form without enormous contributions from B.C. tax- payers. It cannot offer the customer-friendly and pro- gressive service that customers are seeking. Firstly, this new legislation sets out the terms of the corporate restructuring. This act recognizes the new company. The act recognizes the intended conversion of the British Columbia Ferry Corporation from a Crown corporation to a new, regulated, independent, commercial operating company under the Company Act that will be renamed British Columbia Ferry Ser- vices Inc.

The act underpins the vision for the new company as the integrator of services, charged with planning and coordinating the delivery of services and activities in the coastal ferry system. Secondly, the act outlines the business model and the regulatory framework. The act establishes the B.C. Ferry Authority, which is an independent no-share capital corporation that holds the single-issued voting share of the new British Columbia Ferry Corporation. The B.C.

Ferry Authority governs the new, independ- ent company. [1505] The current board of directors will be a transition board and will serve until the end of March 2004. The new board of directors, which will be established after April 1, 2004, will be a nine-member board with pro- fessional and business expertise, with representation from B.C.'s coastal regions in order to support the mandate of the new company.

The new board will in- clude two appointments from the provincial govern- ment, four nominees from coastal regional districts, one nominee from organized labour and two appoint- ments from the community at large. The appointment process and composition of the board are set out in the act. Because the new corporation is structured on a commercial basis, the province must receive fair return. The government will hold an investment in the form of non-voting preferred shares and will receive a return on this investment annually.

In addition, the province will also have an investment in the form of a debenture that will receive interest at a market rate. The combina- tion of these investments represents the fair market value of the new corporation. Government and consumers will be protected un- der the new business model. The authority will hold one class B common voting share, which gives it the ability to govern the operating company. There is also consumer protection from the concern that the authority will sell its voting share without the province's approval.

In the event that the authority would want to sell its common share, there is a special conversion feature that gives the province the right to convert its preferred shares on a one-for-one basis to class A common voting shares. This effectively gives the provincial government a veto over any future sale of the operating company. Should the province choose to exercise its right, the conversion will result in control of the company reverting to the province as its pre- ferred shares become voting shares, effectively giving it the majority of votes.

The act also establishes a new independent regula- tor, the British Columbia Ferries commissioner, whose role it is to monitor and regulate ferry services, tariffs and the degree to which competition is fostered. Thirdly, the act provides for a long-term contract between the province and B.C. Ferry Services to estab- lish the ferry system. The coastal ferry services contract is a binding agreement between the province and B.C. Ferry Services with an initial term of 60 years and is subject to renewal. With regular service review terms, the contract stipulates the service to be delivered on a

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5561 route-by-route basis and the fees to be paid by the province in exchange for this service. This long-term arrangement establishes a predictable and stable ma- rine transportation system while ensuring that B.C. Ferry Services becomes a financially viable service pro- vider for the first time in more than four decades. Every four years, or five years for the first term, B.C. Ferry Services and the province will renegotiate the service levels and fees for service.

Routes and fun- damental service levels are therefore assured for the first five years of the contract. While designed to protect consumers, the new structure has enough flexibility to allow B.C. Ferry Services to encourage strategic private sector partner- ships and entrepreneurial ingenuity that will transform our ferry services into a customer-focused, financially stable marine transportation system that will ensure the ongoing safety of its vessels, passengers and cargo. All of the routes that B.C. Ferries directly operated prior to April 1, 2003, are defined under the contract as routes regulated by the B.C.

Ferries commissioner and are covered by rate caps. With regard to land transactions, in order to pre- serve public interest over the long term, this legislation transfers B.C. Ferries terminal land and improvements to the province. B.C. Ferry Services and the province will then enter into a long-term lease of these facilities. Under this new arrangement, the province will own all the land. Ownership of the infrastructure will also transfer to the province. Under the lease, B.C. Ferry Services will then be given ownership of the existing facilities and will own any new facilities for the dura- tion of the lease.

At the end of the lease term, all facili- ties will revert to the province. The services of ferry terminals will be diligently managed, operated and maintained in accordance with the terms and condi- tions of the terminal leases. [1510] In looking at the relationship with employees, this legislation effectively transfers all existing employees to the new company and sets the stage for a new com- mercial approach to the delivery of ferry services with the operation of a new maintenance subsidiary. The independent nature of both B.C.

Ferry Services and, ultimately, its maintenance facility are clearly articu- lated in the legislation. Previous decisions of the Labour Relations Board have confirmed that the delivery of ferry services is an essential service. This government has articulated its view that the delivery of coastal ferry services is essen- tial to the health, safety and welfare of the residents of British Columbia.

Despite the independent nature of the new commercial company, the legislation rein- forces the former decisions of the Labour Relations Board and confirms government's direction that the delivery of ferry services remains an essential service under the Labour Relations Code. An important aspect with respect to the transfer of employees is pensions. Government and the board of directors have indicated the importance of grandpar- enting existing employees into the public service pen- sion plan, notwithstanding the changing nature of the new company, in order to ensure an evolutionary tran- sition.

However, a new pension plan for future em- ployees needs to be developed that is more reflective of the commercial nature in which B.C. Ferry Services will be operating. These details will be addressed in collec- tive bargaining and, ultimately, with the pension trus- tees of the public service pension plan. In the mean- time, with the agreement of the pension trustees, all new employees will continue to be covered in the pub- lic service pension plan at a minimum to April 30, 2004. All existing employees will remain under the public service pension plan.

The upcoming round of collective bargaining will be extremely important. The parties involved have the ability to effectively shape their future and the com- mercial nature of the collective agreements between them. Working conditions of employees will need to be aligned with the business objectives of their employer, the corporation and the subsidiary respectively. I en- courage the parties to be creative in their approach. Collective agreements for both B.C. Ferry Services Inc. and its maintenance and refit subsidiary must properly address the needs to be efficient, cost-effective and innovative.

They must reach a collective agree- ment that ensures that the corporation can fulfil its legal and statutory obligations and its requirements under the new coastal ferry services contract. They must also reach a collective agreement that is reflective of any conditions that may be imposed on the corpora- tion by the B.C. Ferry Services commissioner. The new collective agreement will need to be shaped in order that the corporation can implement changes in the manner in which it conducts business.

In fact, the maintenance and repair subsidiary has the ability to become a leader in ships maintenance and refit, but that will depend greatly on whether the col- lective agreement provides the degree of flexibility needed to operate the subsidiary as a true ships main- tenance and repair operation. As government proceeds with the enactment of this legislation, there is a significant expectation that the B.C. Ferry and Marine Workers Union will be able to make the necessary adjustments to the new environ- ment in which it finds itself.

I encourage serious reflec- tion in preparation for the next round of negotiations and thoughtful consideration of the business objectives that will need to be met to ensure success. Given this, it is government's expectation that new collective agree- ments will be concluded by October 31, 2003. Mr. Speaker and hon. members, the primary intent of this bill is to ensure that our coastal ferry service can flourish and support our economy.

In doing so, we will continue to protect consumers and ferry-dependent communities through the coastal ferry services con- tract, which stipulates service levels and the govern- ment's contribution for services that fall outside the mandate of a commercial operation. [1515] This legislation also provides our government with the assurance that our marine transportation system is

5562 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 intact and that our ferry system is self-financing for generations to come. Ferry users have long expressed frustration with service disruptions, inefficiencies, late sailings and the lack of amenities. Industries such as tourism and trucking have also expressed concerns, as have local governments, our constituents, taxpayers and even employees of the corporation. This bill makes it possible to begin to alleviate these concerns. The new B.C.

Ferry Services, with oversight by an independent authority, will have the flexibility to address these is- sues while ensuring that the ferry system does not pre- sent financial risk or add further to the debt burden of B.C. taxpayers. Coastal communities and ferry users will see improved service and greater customer choice. They will also see a commitment to fundamental ser- vice levels and fair rates and the protection of public interest. Fulfilling a new-era commitment, B.C. Ferries will also be designated an essential service, ensuring that coastal communities receive the service they need.

I look forward, with the passage and enactment of this bill, to fulfilling the commitment that was made follow- ing the extensive core services review of B.C. Ferries and the commitments that were set out before us in the throne speech. The Coastal Ferry Act is designed to support the needs of all British Columbians, and I en- courage the members of this Legislature to support its enactment. Deputy Speaker: Continuing debate on second reading of Bill 18, the Leader of the Opposition. J. MacPhail: Sorry, Mr. Speaker.

I was outside hav- ing to respond to the Minister of Transportation some- how suggesting that the NDP turned down an offer on the fast cats. It was quite an interesting debate. I hope she is more forthright in the debate on that matter in the Legislature. Bill 18, the Coastal Ferry Act, converts the B.C. Ferry Corporation to a private company, and it al- lows for commercial ferry services by contract with the government. I have some concerns about this legislation. I have received a briefing from the B.C.

Ferries Corporation, for which I thank them, but even after the briefing, I will outline some of my concerns that can be taken up in debate at committee stage. This legislation — let's be clear — is about disman- tling B.C. Ferries, and therefore my concern arises out of that. I think the bill sets up a weak structure that lacks independence. It has weak accountability, and transparency and oversight are weak.

I also think there is some concern that is not answered yet in the legisla- tion about the rights of the people who work for the Ferry Corporation, but I will have much more to say about these matters at committee stage. Before I begin, I would actually hope the govern- ment isn't demonstrating another aspect of arrogance by assuming that this legislation will be signed off by the auditor general before this transition, in order to….

This structure has to be signed off by the auditor gen- eral before this government can remove the debt from the books of the new structure, and to my understand- ing, as recently as last week the auditor general still had not signed off on this transition. I notice from the legislation that the bill comes into force on April 1. That's just seven days from now, and of course, I can pretty much guarantee that this gov- ernment is going to use its massive legislative authority to ram the legislation through the House and have it in effect by April 1.

Of course, the structure we put in place now is for 60 years, so it is interesting to see how the government will actually ensure — given the fact that there's hardly anybody who debates anything in this House except for me — that the structure is appro- priate for 60 years. [1520] Let me just talk about the independence of the structures in this bill, and the areas that I'm outlining will be the areas I'll be questioning at committee stage. The new ferry authority board will be made up of the current B.C.

Ferries board of directors, so that's still a b o a r d t h a t i s v e r y m u c h i n t h e h a n d s o f t h i s g o v e r n - ment. Future boards will be selected by two cabinet- appointed board members. The criteria of appointment are not spelled out in the legislation, so I will be asking questions about that during committee stage. The in- dependent commissioner appointed by cabinet is actu- ally funded…. The office of the independent commis- sion is funded by ferry operators.

This is the commis- sion that will oversee the regulation of everything to do with the ferries, and yet its funding source is the ferry operator itself. There's also a lack of oversight mechanisms in this bill. What if the authority cannot fulfil its powers or duties? What if the authority comes in over budget? What if the commissioner is found to be working in the interests of the ferry operators, who pay the commis- sioner's salary? There is absolutely no oversight mechanism around the commission. Of course, there is no appeal mechanism built into the bill as well. The bill lacks accountability mechanisms.

Authori- ties are required to have one meeting a year open to the public. That is the only accountability mechanism. The commissioner may consult with the public, but it's permissive. It's not mandatory. Even if the ferry service is being eliminated or reduced, the commissioner only may be required to consult with the public. That, of course, is a weakening of what the current circum- stances are. There is a lack of transparency in this bill. Contracts are negotiated between governments and ferry opera- tors. The commissioner only sees the contracts after they are signed.

The ferry services are exempt from the Auditor General Act, so he or she — the auditor gen- eral of the day — will have no way of looking at the contracts, even after they are signed. [1525] The new ferry service is exempt from the Om- budsman Act. The new ferry service is exempt from the Freedom of Information and Protection of Privacy Act. I will read into the record the letter from the freedom

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5563 of information and protection of privacy commissioner re this act. This was sent on March 13, and it's from the FOIPP commissioner, David Loukidelis. It's to the Min- ister of Transportation. It's entitled "Comments on Bill 18, Coastal Ferry Act, Freedom of Information and Pro- tection of Privacy Act." "I write to comment on Bill 18.

As I understand it, Bill 18, which is to come into force on April 1, 2003, contemplates the transfer of the assets and undertaking of the existing British Columbia Ferry Corporation to a new company incorporated under the Company Act. Bill 18 would create the B.C. Ferry Authority and the British Columbia ferries commissioner. As I understand it, the operating company will not be covered by the FOI Act, while the authority and the commissioner are intended to be covered by the FOI Act.

Section 83 of Bill 18 would amend

schedule 2 to the FOI Act by removing the existing British Columbia Ferry Corporation from the ranks of the public bodies covered by the FOI Act. No consequential amendments are found in Bill 18, however" — I also note that there are no amendments on the order paper, as well, today — "to add the authority or the commissioner as public bodies under the FOI Act. I am aware that

Section 76.l of the FOI Act authorizes the minister responsible" — that's the Minister of Management Services — "to add public bodies to

schedule 2 by regulation. "In light of the imminent in-force date for Bill 18, however, it is extremely important, in my view, that the authority and the commissioner be added as public bodies by consequential amendment under Bill 18. Nothing in

section 76.1 of the FOI Act prevents this, and the timing is such that this approach is, I suggest, the appropriate course in this case. "One other issue arises. I acknowledge the proposed role for the commissioner in regulating the operating company and the transparency and accountability that will flow from that regulation. I suggest, however, that it is important to ensure some degree of transparency as regards the safety of the travelling public. I understand that an operating agreement will be entered into between the province and the operating company.

I recommend that this agreement require the operating company to make available to the public, on a regular and timely basis, reports and records relevant to the safety activities and experiences of the operating company. "If you have any questions about this letter, please do not hesitate to contact me." I was copied on that. There are questions that arise out of that from the freedom of information commis- sioner and his recommendation that there be conse- quential amendments flowing from his recommenda- tion. I also note that this bill makes ferries an essential service.

It creates a subsidiary for maintenance and refit operations. I will be exploring at length what the procedures are for ensuring that workers' rights flow, particularly with the workers at Deas dock where there's a separate subsidiary that's now created. There are sections of the legislation, particularly

section 26, that do permit nullification of sections of the collective agreement negotiated by ferry workers. However, in the briefing at least, the officials of the minister were quick to reassure us that that would not be the case, but I want to know what the substance of that is in the legislation. So we will be having that dis- cussion. I also want to see whether there's a discussion about the substance between the Labour Relations Code and this bill — about the bill prevailing. Those are the questions that I have. I see the government is smiling over something to do with the fast ferries.

I certainly hope they're far more forthright on this legislation than they are now being forthright about other matters. If they're not, they will just continue what has been acknowledged as a mistake in the past. We are in a new era with the Ferry Corporation. Many questions need to be answered about what the intent of this government is in terms of ferry service. I toured some coastal communities last week, and there are certainly many questions about what exactly the plan is for improving ferry service to ferry-dependent communities.

I'm going to reserve my support or lack thereof on the record in a clause-by-clause debate. I. Chong: I want to take this opportunity to also add some comments to Bill 18, the Coastal Ferry Act, and to say at the outset that I am supporting this piece of legislation. I think it is a good piece of legislation and a long time coming. I watched with dismay while I was in opposition the last term, when the government of the day played around with the B.C. Ferries Corporation.

There was often uncertainty around, such that the tourism indus- try, something that we have been talking about today — celebrating tourism in our province, celebrating tourism day today in the Legislature — was highly susceptible to interruptions in ferry service, and this piece of legislation allows us to move forward. With this new act and with the establishment of the B.C. Ferry Services Corporation, coastal communities and ferry users will now have improved service. They will have greater customer choice.

What's important, as well, is guaranteed service levels, and this is how it will affect the tourism industry — guaranteed service lev- els, something that is dependable. Fair rates. Fair rates are important, as well, to our coastal communities. [1530] I live on Vancouver Island, and I know that a num- ber of my colleagues here — 13 members or so in this House — represent the Island or coastal communities. We depend on this service as our link to the mainland to transport our goods, to transport our services and also sometimes for other vital services such as health care which is only available on the mainland.

We need to have a ferry service that is going to provide us with that essential link, that vital link to the mainland. We also want to know that rates will not be politi- cally interfered with. We want to know that our rates will, in fact, be stable. I think it's also important that our government has acknowledged and recognized this by going out four years or so and knowing the increases that will be there are, on average, less than what the previous government was going to establish.

5564 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 A customer-focused, financially stable, reliable ferry system — these are the hallmarks of this new piece of legislation. This is what is important to the people. Vancouver Island and coastal British Columbia will certainly be opened up with greater choice, with more competition and a better service through this new B.C. services act. I also want to just quickly mention something, be- cause the Leader of the Opposition raised it and she used to be upset in our last year whenever we raised the issue of fast ferries.

But because she opened it up, I just have to add my comments to that. We know today was a rather, I guess, historic day in that we are finally dealing with the legacy that they left us — the $463 million legacy they left our taxpayers, a cost that we should never have…. The dollars would have been better spent on health care and education, but the pre- vious government, for their political reasons, embarked on that particular venture.

I recall that in my first term we had a ferries critic who was constantly, constantly asking the government of the day what the costs were going to be, what other guarantees were going to be available, what kind of service levels there would be. Never, ever were any of those facts forthcoming. We find out now that there was never truly a service plan and that it was really a "fly by the seat of your pants" kind of approach. That's not the way this government operates.

We are certainly handling our affairs in a more fiscally prudent manner, which allows us to find savings wherever we can and redirect them into those impor- tant vital services like health care and education. On the ferries issue, it's very interesting. This cer- tainly still resonates very much with my constituents. I have been provided with a copy of a letter that was dated March 30, 2001, a month and a half before the last election, and written by the Leader of the Opposi- tion, who at the time had this portfolio under her pur- view. It's interesting.

One of the sentences that I'll read from her letter indicated where they were looking at a possible disposition and possible recovery of some dollars for the benefit of taxpayers of this province, and this is what this one sentence says: "Our d ecision was reached after a full discussion of the contents of the memorandum and is based on the timing rather than on the substantive aspects of the agreement." That, again, leads me to wonder what kinds of decisions the previous government made which were never to the benefit of taxpayers.

I just want to say that Bill 18, this new Coastal Ferry Act, is a sound piece of legislation. There are many sections in it. I've gone through it a number of times. I've had the opportunity to read it and take a look at the accountability aspects of it and the, as I say, im- proved service levels being provided to taxpayers. In the end, that's what we want for our residents. Some 630,000 people live here on Vancouver Island. You add another 40,000 who are in the Powell River–Sunshine Coast area, and you know you have about 700,000 people who depend heavily on the coastal ferry sys- tem.

I think today is a good day, or the day the bill was introduced was a good day. It will continue to be a good day once this act is in place, once we can move forward, once we can have those guarantees available — in particular for one of our largest industries, the second-largest industry in this province, tourism, which will now be able to move forward along with this. With that, I thank you for the opportunity to re- spond to second reading. [1535] Deputy Speaker: Closing second reading debate, the Minister of Transportation. Hon. J.

Reid: Yes, it is frustrating that the legacy of the ferries we have been left with by the previous gov- ernment, a service that is so essential and so important to the people of this province and to our economy…. As the member just quoted, the decision was reached by the previous government with regard to the Pacifi- cats. As that member stated, the quote was: "The deci- sion was reached after full discussion of the contents of the memorandum and is based on the timing rather than the substantive aspects of the agreement." As the member said, this was just shortly before the last elec- tion.

It's a very unfortunate set of circumstances, and certainly things have changed in the world market with regard to ferries since that time. We have looked at the system that we have. We have looked at the importance to British Columbia. We h a v e l o o k e d a t t h e p u b l i c g o o d t h a t n e e d s t o b e p r o - tected. We believe that in this piece of legislation, it does protect the public good and give assurances to people as we move forward that their ferry service will be there for them. They will know what rates they're going to pay for it, so they can make their plans.

The industries that use the ferries will be better served. The tourism industry will be better served. I believe this will lead us into a time where we can look forward to more people travelling on the ferries instead of feeling like the ferries were a bottleneck to our economic growth and prosperity. I now move second reading. Motion approved. Hon. J. Reid: I move that the bill be referred to a Committee of the Whole House to be considered at the next sitting of the House after today.

Bill 18, Coastal Ferry Act, read a second time and referred to a Committee of the Whole House for con- sideration at the next sitting of the House after today. Hon. G. Abbott: I call second reading of Bill 17. MOTOR VEHICLE AMENDMENT ACT, 2003 Hon. R. Coleman: I move the bill be read a second time.

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5565 These amendments to the Motor Vehicle Act serve to transfer the compliance operations department at the Insurance Corporation of British Columbia to my min- istry. Ensuring public safety on roads is a priority for this government. In 2001, 88 people were killed and over 2,000 others injured in crashes involving commer- cial vehicles. Due to the size and weight of these vehi- cles, the consequences of commercial vehicle crashes are often severe and result in higher fatality rates than other motor vehicle crashes.

The mandate of the compliance operations depart- ment is to reduce the incidence and severity of such crashes. The department does this by administering and enforcing programs related to vehicle inspections, the transport of dangerous goods and operating re- quirements for commercial vehicles, drivers and carri- ers. Moving these functions to my ministry, with its similar focus on public safety and law enforcement, will strengthen and streamline the delivery of these important programs and facilitate the further integra- tion of law enforcement activities in the province.

N o w, we d o k no w ho w m u ch I l o v e t o t al k ab o ut integration and amalgamation of police operations and services, as we move forward to build a strong police agency for the province. We will move forward, as we integrate this into law enforcement, to also build an integrated traffic enforcement team across regions in the province. To accomplish that, we will need certain partners to come to the dance, including the Insurance Corporation of British Columbia.

We need them to enter into the long-term relationships versus the short- term relationships we presently have with law en- forcement, and law enforcement in general, to look at regional models so we can do this across borders to accomplish traffic safety for all of our citizens. In transferring ICBC's compliance department to government, this bill achieves three main purposes. First, it creates a new statutory authority, the director of commercial vehicle safety, to assume all of the pow- ers and functions currently assigned to the compliance operation department to this individual.

To enable the director to carry out these responsibilities, the bill also introduces provisions for the director to delegate au- thority, keep records and access ICBC information. [1540] As we move forward looking at this, the interesting aspect I found as we dealt with this legislation was the fact that we actually had to have legislation to access ICBC information for the purpose of traffic statistics and enforcement in British Columbia — from a Crown corporation that we actually own.

I would hope there would be a more seamless relationship in the future with regard to the statistical information and the ability to access that information so we can do enforcement in a timely, professional and proper manner when it comes to traffic enforcement. Secondly, this bill establishes a new decision- making and show-cause process for enforcement ac- tions. Under the current process, compliance opera- tions staff must submit their proposed enforcement activities to the superintendent of motor vehicles in the Ministry of Transportation.

The superintendent then decides whether to approve or reject the recommended action, sometimes after conducting a show-cause hear- ing into the matter. There are couple of things that have happened. One is that the superintendent of motor vehicles has been trans- ferred to this ministry so that we can get that seamless relationship going with our law enforcement community. I n a d d i t i o n t o t h a t , t h i s d i r e c t o r n o w w i l l h a v e o t h e r r e - sponsibilities that will actually take away one step that isn't necessary in order for us to enforce the law.

The involvement of the superintendent has been necessary to ensure that these critical safety and regula- tory decisions were made within government, but now, with the transfer of the compliance operations to the ministry, there is no longer a need for a separate body to make these enforcement decisions. Thus, this bill authorizes the director to conduct show-cause hearings and to make final enforcement decisions.

It also main- tains the right to a show-cause hearing for persons whose National Safety Code certificate, vehicle licence, vehicle inspector authorization or inspection facility designation is cancelled or whose use of a commercial vehicle is restricted or prohibited. People who exercise their right to a show-cause hearing are granted an ad- ditional right to request that the director reconsider the cancellation decision.

The result is a fair and efficient enforcement process, one that also allows dangerous- goods commercial vehicles and carriers to be removed from the road more quickly than is currently possible. Finally, this bill provides authority for transitional matters such as the transfer of funds and records from ICBC to government. The changes put forward in this bill will result in a more streamlined and focused de- livery of commercial vehicle–related compliance pro- grams and a better-integrated relationship with law enforcement on traffic enforcement. In turn, this will enhance the road safety of British Columbia.

I move that the bill be referred…. First of all, I move second reading of the bill. Motion approved. Hon. R. Coleman: We're moving so quickly that I can hardly keep up to myself. I move that the bill be referred to a Committee of the Whole House to be considered at the next sitting of the House after today. Bill 17, Motor Vehicle Amendment Act, 2003, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today. Hon. G. Abbott: I call second reading debate on Bill 2. MUSEUM ACT Hon. G. Abbott: I move that Bill 2 be now read for the second time.

5566 B RITISH COLUMBIA DEBATES M ONDAY, MARCH 24, 2003 I'm pleased to present Bill 2, the Museum Act, for second reading. The Royal B.C. Museum is a cultural icon of this province. The current facility, built as a centennial project in 1967, has created state-of-the-art exhibits showcasing our province's human and natural history. It also houses a gallery devoted to British Co- lumbia's first peoples. While we all have a vested interest in seeing our heritage preserved, we also recognize the unrelenting pressures on funding.

It's necessary to find the balance between government responsibility for the treasures of the province's human and natural history and realistic fiscal requirements. Since 1996 the museum has oper- ated as a special operating agency, allowing it to con- duct business in a slightly more entrepreneurial fash- ion than previously. Through a public-private partner- ship, the museum added the National Geographic IMAX Theatre. The museum also developed and fos- tered market synergies with community and tourism partners. [1545] In this vein, the Royal B.C.

Museum has improved its programming and viability, going from full de- pendence on government funding to 26 percent self- sufficiency. This is an impressive achievement in only six years. However, fixed costs at the museum continue to rise. Successful museums throughout Canada and around the world rely on a combination of government funding and private sector donations. It is incumbent on us to provide the museum with the necessary mechanism to achieve maximum benefits of being both a major tourist attraction and a significant non-profit cultural and heritage resource. The Museum Act is that mechanism.

It proposes changing the museum from a special operating agency to a government corporation, a change the museum has actively sought for ten years. T h i s p r o p o s e d c h a n g e i n g o v e r n a n c e m e a n s t h e m u - seum will gain the ability to raise and carry over funds for reinvestment in exhibits and programs. It will be able to grow an endowment for long-term sustainabil- ity. It will be able to respond more quickly to the com- petitive tourist marketplace, to increase revenue and attendance, and finally — and I think not insignifi- cantly — to attract major donors.

In charting its future, the Royal British Columbia Museum was also asked to consider synergies with like-mandated organizations. As a result, the Museum Act proposes that the museum form a corporation amalgamating the museum, the B.C. archives, Helm- cken House and the Netherlands Carillon into one en- tity known as the cultural precinct. These components already share a site perfectly situated to showcase Brit- ish Columbia to visitors and to provide a cultural cen- trepiece for locals as well.

Practical opportunities will be created by the amal- gamation, by integrating services, strengthening visi- bility, increasing on-line access and marketing the various components as a whole. The museum will unite these entities under the leadership of a single fiduciary board of directors empowered to set the course for the future. The Royal British Columbia Mu- seum, as a government corporation, will continue its mandate to preserve and interpret the human and natural history of British Columbia.

This legislation speaks boldly to the power of part- nerships, the union of private and public interests and the synergy of place and culture. With this legislation the museum can protect its reputation for excellence. This evolution is essential to engaging all British Co- lumbians and carrying out the fundraising campaigns needed to sustain core programs and enhance collec- tions, exhibits and programming. The Museum Act will ensure that the museum re- mains a cultural institution of which we can all be proud. It will also build a strong, sustainable future for the cultural precinct.

I appreciate the support of many members as this has moved forward, and I'm sure they all have some comments. J. Bray: As the MLA where the Royal B.C. Museum physically rests, I am pleased to rise and support Bill 2, the Museum Act. Really, one of the reasons I'm so pleased is that sometimes we forget, in our daily lives, some of the jewels that we ac tually have in our midst and some of the assets that we tend to overlook and take for granted. I think it bears reminding this House and the province that the Royal B.C.

Museum is a world-class museum with world-class staff and a world-class collection, and I am pleased to rise and support any form of legislation that further enhances its ability to become one of the cultural anchors for our province. As the minister has said, Bill 2, the Museum Act, will create a new Crown corporation instead of the special operating agency that the museum operated under.

What this will do — and this is critical in the world of culture and in the world of museums — is increase the museum's independence through the crea- tion of a provincially appointed board of directors that will be accountable to the financial success of the mu- seum and be responsible for creating new opportuni- ties. [1550] I n m y m a n y m e e t i n g s w i t h s t a f f a t t h e B . C . M u - seum and the Friends of the Royal B.C.

Museum, one of their great frustrations was always that while they had great ideas for fundraising and had huge support not just in this province but in fact across this country for the work they do, there is always the concern that to some extent, if you create a life legacy through your estate — if you make major donations to what is essen- tially an arm of government — sometime in the future your gift may actually find its way into the general coffers of government and not for the intended pur- pose.

By bringing in this legislation, one of the key things it does is ensure that those who want to contrib- ute to the culture, history and heritage of this province can do so now knowing that gift, that legacy, will be there for the people of British Columbia, through the museum, for generations to come. I know this is going

MONDAY, MARCH 24, 2003 B RITISH COLUMBIA DEBATES 5567 to have a huge impact on the way the museum oper- ates. The other really exciting aspect around this legisla- t i o n i s t h a t h e r e i n V i c t o r i a , w e r e a l l y h a v e a l a r g e number of cultural assets literally within walking dis- tance of this very building — this very building, in fact, being one of them. I know there's been a vision for some years now to actually create a cultural precinct here in Victoria. This act helps ensure that cultural cen- tre becomes more than just an idea; it actually becomes a reality.

It's a centre that is limited only by the imagi- nation and the ability of people to get out and let the world know about Victoria. I'd like just to quote from Pauline Rafferty, the CEO of the museum, who said: "This legislation positions us to take our place among the great cultural institutions of Canada and the world. We will do this by staying focused on our vision to inspire curiosity and wonder and to share British Columbia's story with the world." This is really part of the vision of the staff and vol- unteers that work at the museum.

It is recognizing that we have a vibrant history in this province, both after European contact but also prior to European contact. This museum does such a wonderful job of bringing that story out for British Columbians, Canadians and visitors from around the world to really study and un- derstand that history, which is exciting and very di- verse. Also, the museum has a huge amount of inven- tory and exhibits in its stores that, when properly man- aged, really are educational assets for the whole coun- try. The Museum Act will create this cultural precinct in Victoria's Inner Harbour.

As the minister pointed out, it will amalgamate the museum, the B.C. archives, Helmcken House and the Netherlands Carillon. The corporation will benefit from operational efficiencies, joint marketing and streamlined processes. In other words, it will really create the opportunity for these great assets to work as one towards the marketing of British Columbia — our heritage and our history — to the world.

A s I ' v e s a i d m a n y t i m e s i n t h i s H o u s e , o n e o f t h e great untapped areas of tourism is that of cultural tour- ism — in other words, those individuals who will actu- ally travel to destinations based on culture and history as opposed to just scenery or sporting events. So, by being able to make sure that the cultural assets here in the capital of the province are able to work as one, we will see tremendous benefits for tourism, which bene- fits not only the region but in fact the who

Document details

Collection	British Columbia — Debates (Hansard)
Citation	H0324pm 02
Type	hansard
Volume / chapter	H0324pm 02
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ff5622fe8fd912125cd5429071f0f4f11162f26d

Source file is stored in the law ingest library (pdf).