Third Session, 41st Parliament (2018)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, April 9, 2018
Afternoon Sitting
Issue No. 108
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Forest Appeals Commission, annual report, 2017 |
|
Correspondence from the Canadian Council of the Blind |
|
Orders of the Day | |
Proceedings in the Douglas Fir Room | |
MONDAY, APRIL 9, 2018
The House met at 1:35 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
Hon. A. Dix: Wow. It’s been a busy couple of weeks. I feel like sitting down right now, actually.
As you know, hon. Speaker, and members on all sides of the House will know, prostate cancer is an important issue for men and families in B.C. It’s the most commonly diagnosed cancer amongst Canadian men.
Earlier today I met with Dr. Stuart Edmonds, who is Prostate Cancer Canada’s vice-president of research, to discuss screening and treatment strategies. I wish everyone in the House to make him welcome.
I have more. As well, as everyone knows and as all members of the House know, because of the daffodils we’re wearing, April is Daffodil Month for the Canadian Cancer Society. The daffodil is a symbol of strength and courage in the fight against cancer. Held every April, Daffodil Month is an opportunity to raise awareness and funds to help change and save lives. Everybody in the House understands the importance of this because it has affected directly members of the House and, certainly, their families and friends and communities.
I want all members of the House to welcome a group from the Canadian Cancer Society today — Khairun Jivani, Arabella Young, Desiree Young, Andrea Seale and Jenny Byford. I wish everyone in the House to make Dr. Edmonds and the representatives of the Canadian Cancer Society very welcome.
Hon. J. Horgan: I’d like to introduce a very special guest in the gallery today. He’ll be sitting with the press gallery. His name is Angelo Cortese.
I met Angelo about a year ago almost to the day. He was then part of a grade 4 class from Gilmore Community School in Burnaby. Grades 4, 5 and 6 kids decided, with the leadership and direction of their teachers Lucas Anchor and Jason Morton, that they would participate in the democratic process during our election campaign, and they came en masse to a press conference we were holding just down the street from their school.
Although we had a very important issue to talk about that day, it became pretty clear to the assembled press that the star of the show was Angelo, because he had been nominated by his classmates to ask questions. I’ll never forget his earnest look as he held his spiral notepad and raised his pencil and said: “I have a question.” Everyone turned to Angelo at that very moment, and he asked his question. I did my level best to answer it, and he said: “I have a follow-up question.” My press secretary at the time, unbeknownst to me, decided to let this roll.
There he is up there. Angelo is joining us in the gallery.
He proceeded to ask three questions, which became the nightly news — the fact that Angelo would ask the questions and that, apparently, the topic that I was discussing wasn’t as interesting as his probing analysis of our election campaign.
Angelo is joining us here today, a year after the fact, in question period. He’s going to be an honorary member of the press gallery. The newly elected president, Rob Shaw from the Vancouver Sun, has allowed him to come in. He’s going to watch question period today.
He’s joined in the gallery by family members Sophia, Nancy and Joseph Cortese; Manuel de Melo; Edmea de Melo; Lucia Sousa; Julian Sousa; and Ana Maria Pacheco.
Would you please welcome the next budding journalist in British Columbia: Angelo Cortese.
J. Thornthwaite: The member for Peace River South and I are meeting with the folks from the Trans Tipping Point Project today. It’s a UVic initiative organized by Dr. Lindsay Herriot and Kate Fry. This book-writing project brings together 25 transgendered and non-binary youth from every corner of British Columbia and from across Canada. Can the House please make them welcome.
Hon. H. Bains: It gives me a great deal of pleasure to introduce to the House…. We have in the gallery my EA, Emily Zimmerman, who has been with me and who was my CA from the day that I was elected. The people tell me that if I’m any good, it’s because of her, and I believe them.
She has done a very, very good job representing me in the constituency and helping those who come to our office. You know the important part the CAs play in our constituency offices, helping those who need the help. Please help me welcome her.
Along with her, she brought her partner, Garnet Zimmerman, my longtime friend, a labour activist. Now I’m told he’s gone to both sides. He’s a negotiator, mediator and everything else to go in between. Please help me welcome both of them to the House.
Thank you very much for all the support you’ve given me.
Hon. M. Mungall: Well, I have some very special guests in the gallery this afternoon. It’s their first visit to the B.C. Legislature, seeing us all in action. Please welcome ma tante Jeanine Tenove; her partner, George Watson; my cousin Wendell Tenove and his partner, Bonita Staalduine; and last but not least, my mom, Carmen Mungall. They are all here enjoying a wonderful afternoon at the Legislature. Please make them feel very welcome.
Hon. G. Chow: I have an important guest from my riding of Vancouver-Fraserview who is visiting the Legislature today. Her name is Stephanie Chang, and she is my constituency assistant from the riding. She wanted to find out what I do in the House and whether I was just running away from the office, from facing the constituents.
I’m very impressed with her ability to manage the office and her ability to assist our constituents with their problems. The first thank-you card to my office was not to me; it was actually to her. I’d like everyone to thank her for her dedication in managing my office so I can do my job here as well.
R. Leonard: Today in the gallery we have representatives from the Vancouver Island Region Restorative Justice Association. The president, Myles Morrison, is from Ucluelet-Tofino restorative justice. We have Genesis Hunt, the vice-president, from Alert Bay and Sasamans wellness program in Campbell River. We have Gail Jewsbury, who is now the treasurer, from Warmland Restorative Justice, and Bruce Curtis, from the Comox Valley. He was the founding president in 2009. He is now the secretary, and he’s been involved since 1994.
I hope that the House will join me in welcoming these representatives from the Vancouver Island Region Restorative Justice Association.
B. Ma: We’re all very lucky today to be joined by the Minister of Corporate Relations from the B.C. Youth Parliament. Mr. Kyle Dow is joining us here in the chambers today. Would the House please join me in making him feel very welcome.
Introduction and
First Reading of Bills
BILL 11 — INTERNATIONAL COMMERCIAL
ARBITRATION AMENDMENT
ACT, 2018
Hon. D. Eby presented a message from Her Honour the Lieutenant-Governor: a bill intituled International Commercial Arbitration Amendment Act, 2018.
Hon. D. Eby: I move the bill be introduced and read a first time now.
I’m pleased to introduce the International Commercial Arbitration Amendment Act. This bill will modernize B.C.’s arbitration regime and enhance B.C.’s standing as an arbitration-friendly jurisdiction.
B.C. was the first jurisdiction in the world to adopt the 1985 United Nations Commission on International Trade Law model law as a freestanding act. Our current International Commercial Arbitration Act follows the UNCITRAL 1985 model law, with some modifications for B.C. application. In 2006, the UNCITRAL model law was updated. Our act has not yet been amended to incorporate these updates, and our present legislation is very out of date.
The proposed amendments to the International Commercial Arbitration Act incorporate the recommendations of the Uniform Law Conference of Canada in response to the 2006 model law as well as other recent best practices in international commercial arbitration. The amendments will meet the expectations of an international audience and encourage parties to select British Columbia’s legislation as the governing legislation for arbitrating international commercial disputes.
I move first reading.
Motion approved.
Hon. D. Eby: I move the bill be placed on the orders of the day for second reading at the next sitting of the House after today.
Bill 11, International Commercial Arbitration Amendment Act, 2018, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.
BILL 6 — EMPLOYMENT STANDARDS
AMENDMENT ACT,
2018
Hon. H. Bains presented a message from Her Honour the Lieutenant-Governor: a bill intituled Employment Standards Amendment Act, 2018.
Hon. H. Bains: I move that the bill be introduced and read a first time now.
I’m pleased to introduce Bill 6, the Employment Standards Amendment Act, 2018. This bill introduces several important changes to the job protection and leave provisions of the Employment Standards Act.
Specifically, the bill adds two new unpaid leaves for parents: up to 104 weeks for the death of their child and up to 52 weeks for the crime-related disappearance of their child. Entitlement to these leaves will mean that the parents who are facing the tragedy of the death or disappearance of their child will not have to worry about their continued employment for the specified period.
This bill also impacts three of the existing unpaid leave provisions under the act. It increases the length of compassionate care leave available to a worker who is caring for a dying family member, allows pregnancy leave to begin earlier and permits parental leave to be taken for a longer period of time.
These amendments are being made to ensure that British Columbians can take advantage of changes to the federal employment insurance and compassionate care, maternity and parental benefits with the assurance of job protection. It is part of our government’s commitment to make life better for British Columbians.
Mr. Speaker: The question is first reading of the bill.
Motion approved.
Hon. H. Bains: 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 6, Employment Standards Amendment Act, 2018, 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.
Ministerial Statements
MOURNING FOR VICTIMS OF
ACCIDENT INVOLVING
HUMBOLDT
BRONCOS HOCKEY TEAM
Hon. J. Horgan: I rise to make a ministerial statement.
All of the members of this House and all British Columbians will be sharing in the heartbreak of those who live in Humboldt, Saskatchewan, and the families that were affected by the tragic loss of lives last Friday — 15 valued friends, 15 colleagues, 15 community leaders, 15 people gone in the blink of an eye.
Team sports binds communities together, big and small. As a young man, I travelled across British Columbia with team sports. As a hockey parent, I sent my son away on trips and never ever for a minute thought that he wouldn’t come home. But that tragedy did happen on Friday for the families in Humboldt, and a country grieves, a world grieves, at the senseless loss of life.
British Columbians join with those around the country and around the world, offering our thoughts and our sincere prayers for those who have survived and for those that are grieving the loss of a loved one. The flags here will be at half-mast today. I know I speak for all members of this Legislature and for all British Columbians when I offer my sincere support and best wishes to those who are getting through the most difficult time any of us could possibly imagine.
With that, I would ask that we have a moment of silence to acknowledge the loss of life and those that are left behind to grieve that tragic, tragic loss.
[The House observed a moment of silence.]
A. Wilkinson: I want to thank the Premier for his thoughtful remarks at this time. I share his grief, as does everyone else in this chamber, as do all Canadians.
There is something very special about this country when young people can get out there and engage in team sports and travel to other communities. It’s part of the fabric of our culture, and it’s something that is enjoyed widely across this country and especially in rural areas — the chance to get out, the chance to have fun, the chance to travel, all the hijinks that occur on the bus. The last thing that any player or parent or participant expects is the kind of tragic event that occurred in Humboldt, Saskatchewan.
All of us reflect on what this says about our culture and our society and the things that keep us together, that join us together. Team sports, and team travel, is one of those things that we really undervalue and that we must enjoy and treasure because it is something that is purely positive. It is something with almost no downside, except when tragedy strikes.
We have to reflect upon how fortunate all of us are. Our hearts have to reach out to those families, all across the Prairies, whose sons have disappeared and have been lost in this extraordinarily tragic event, with 15 dead and 14 seriously injured.
It’s time for all of us to reflect on how fortunate we are and the peace, order and good government that typify this country and provide the opportunities for those kinds of wholesome and healthy enjoyments that were cut short so tragically on Friday. Our hearts go out to the people of Humboldt, the players and participants. We wish them every possible positive outcome from this tragic event.
Statements
(Standing Order 25B)
CANCER AWARENESS AND DAFFODIL MONTH
R. Glumac: As you look around the room, you’ll see everyone is wearing a daffodil today. The reason why we’re wearing a daffodil is because it’s an extremely resilient flower. It survives a long winter in the extreme cold, and it comes up in the spring, in a time of renewal and hope. For those living with cancer, the daffodil is a symbol of strength and resilience, of courage and life. That’s why April is Daffodil Month, organized by the Canadian Cancer Society.
During this time, we’re all reminded of the opportunity that we have to support world-class cancer research and the support services that come along with that. If you look to the person to your left, look to the person to your right, chances are you’re looking at someone that has been or will be diagnosed with cancer in their lifetime. Or maybe it’s yourself. Or maybe a family member. Nearly 50 percent of Canadians are expected to be diagnosed with cancer in their lifetime, and we’re expecting to see a 35 percent surge in this by 2030, due to our growing and aging population.
Now more than ever, the Canadian Cancer Society needs our support to provide services for patients and families. Last year they provided support for over 14,500 people, British Columbians, through services such as the cancer information service, Camp Good Times, the travel treatment fund, cancer lodges, peer support programs and prosthesis lending programs.
For the month of April, please wear the daffodil, and let’s all work together so that one day cancer won’t be something that affects so many of us.
HUMBOLDT BRONCOS HOCKEY TEAM
M. Stilwell: I would like to, with the House’s attention and gravity, pay tribute to the Humboldt Broncos — the players and personnel who were killed this past weekend, their families and the survivors. We would like to extend our warmest and most heartbroken condolences in the midst of this horrific time.
Sports are the lifeblood of our communities, and they are the beacon of good nature and camaraderie. Tragedies like this are particularly devastating to small towns like Humboldt, where teams are made up of your family and your neighbours. The impact is unimaginably vast.
Fifteen lives were taken this weekend as a result of a collision between a tractor-trailer and a bus full of hockey players. Ten of them were young. They were boys much like my son. They were just still discovering the heights of their game, about to embark on their lives. Five were personnel who loved hockey so much as to give and offer their time and their expertise to ensure its success.
Everyone who was killed at the intersection of Highway 35 and Highway 335 north of Regina was there in true spirit, on their way to a playoff game in Nipawin, and they were cut short.
As a prairie girl and an athlete myself, I have driven those roads many times in similar conditions, in less-than-favourable conditions of the road, to compete in the sports that I loved. Truly, I feel the stories of the Humboldt Broncos closely.
People across our country are in shock, and we cannot imagine the grief that has settled upon their town or the homes of the ones who loved them the most. We can only offer our condolences, our support and our dedication to prevent future accidents to the best of our ability. But know, too, that sport and the love of sport will be the vehicle for healing and help the survivors find their strength to carry on.
You’re not alone. We are here for you, and we mourn with you.
PETER FURSTENAU
S. Furstenau: I want to thank the member for her very moving words.
My father had a life of beating the odds. Born in northeastern Germany in 1939, Peter Furstenau grew up in the midst of war. The odds of surviving war as a child are not good. When a gun was found by a group of children in the village and it went off, the bullet went straight through Peter’s knee. He went on, later in life, to be a star runner and soccer player. Another time a plane flew overhead, strafing with bullets the field where he and other children were playing.
When typhoid swept through the town, my grandmother thought she was not going to survive the fever, and she told six-year-old Peter that he was to be responsible for himself and his younger sister. Luckily, she did survive. A few years later she recognized the tightening border between East and West Germany, and she took her two young children to West Berlin for a picnic, not telling them until they had checked into the refugee camp that they were never going to return to their home in East Germany.
Peter kept defying the odds, getting a scholarship to a prestigious school in Lake Constance, sponsored to come to Canada at 16 years old, using the transatlantic trip by sea and the trans-Canada trip by rail to master English, graduating from high school in Sidney, B.C., and graduating from UVic in 1963.
He went on to earn a master’s and PhD, teach college and become an architect of the university transfer program. He was an incredibly positive influence in the lives of thousands of students over his career, and he was truly a wonderful father.
Dad had a life of beating the odds until, at age 61 years old, he was, like one in two Canadians, diagnosed with cancer. Six months later, on October 16, 2001, one week before his 62nd birthday, he died.
As we recognize Daffodil Month and the work of the Canadian Cancer Society, let us hope that these terrible odds can be turned around so that families can hope to avoid the devastating, premature loss of those we love so dearly.
VIMY RIDGE BATTLE SITE AND MONUMENT
M. de Jong: There is a peacefulness and serenity to Vimy today that is comforting but also a bit disconcerting — disconcerting because the pastoral fields and the grazing sheep so effectively camouflage the trauma and the horror of the battlefield that descended upon that part of France just over a century ago.
Today I would say that to fully appreciate the magnitude of that horror, one should descend into the murky subterranean world of the Vimy tunnels. There, etched into the soft chalk walls, you will find the etchings and the messages of young Canadians awaiting participation in a battle that would claim thousands of them but which would also forge a new sense of Canadianism.
That site, Vimy Ridge, and what I would say is Canada’s most magnificent monument are maintained by the Vimy Foundation. I would like to thank them and also remind all members and all British Columbians that if and when they do visit the site, they will have an opportunity to contemplate its historic significance from within British Columbia park — a feature made possible by a generous gift a year ago from the people of British Columbia.
I also want to pay tribute to Dana Garcia, the Cadet League and the team at the Cadet League that she leads for ensuring that the memory of Vimy lives on in future generations. A group of B.C. cadets has just returned from Vimy Ridge. I would suggest, for the fallen, what better way to breathe life into the words: “At the going down of the sun and in the morning, we will remember them.”
RETIREMENT OF
NORTH VANCOUVER MAYORS
B. Ma: I’d like to begin by thanking my legislative colleagues for all of their deeply emotional and important statements. I will now follow up with something entirely different.
The city of North Vancouver mayor, Darrell Mussatto, and the district of North Vancouver mayor, Richard Walton, have a lot in common. They both have nearly 25 years of civic service as municipal officials. They were both elected mayors of their respective municipalities in 2005. They’ve both advocated valiantly for their constituents, and they will both leave behind very large shoes to be filled when they retire from their distinguished careers as civic champions this fall.
Mayor Darrell Mussatto, a former paramedic, has been an out-of-box thinker who dared to dream big for the city of North Vancouver. In doing so, he has transformed the city into what it is today — a vibrant, diverse urban centre that is well served by public transit and that offers its residents a plethora of public facilities and community services.
Mayor Richard Walton has led the district of North Vancouver to receive the United Nations Sasakawa Award for world leadership in the area of planning for and responding to natural disasters. He has been honoured with a designation of fellow chartered accountant for lifetime achievement and, in 2013, was awarded the Queen Elizabeth II Diamond Jubilee Medal for distinguished service for his community.
Now, it’s often said that if you’re not pissing someone off, you aren’t doing anything important. Indeed, under the leadership of these two incredible men, a lot of important things have been accomplished on the North Shore. Few, if any, have worked harder for our community over the last 25 years as they, and the legacies they leave behind will likely not be matched by anyone else any time soon.
I am so grateful to have the opportunity and honour of working with Darrell Mussatto and Richard Walton in their final year as mayors. As a resident of North Vancouver, I thank them both deeply for their service.
CANCER AWARENESS AND DAFFODIL MONTH
S. Bond: As many of my colleagues do, I recently used the Canada Line to get from YVR to meetings in downtown Vancouver. As I took a seat, I heard a hello from the person seated beside me. It turns out that person was from Prince George.
During our shared time on the train, I learned, among other things, that one year previously my seatmate had lost her 54-year-old husband to cancer. As we both fought back tears, she expressed her profound gratitude for the support that she and her family had received from the Centre for the North. She shared her hope that, through research and enhanced treatment options, some day other families would not have to endure the painful journey that her family had faced.
As you have heard today, April is the month to fight back. In the words of the Canadian Cancer Society, who are represented here today, cancer is relentless. It has taken loved ones from all of us. We can’t change the past, but we can change the future. We can join the fight. We can help save lives and support those living with cancer in our own communities.
Today in the Legislature, we stand together to fight back. By wearing a daffodil pin, we show our support for those who are currently in the fight of their lives. We celebrate survivorship, including colleagues who are sitting amongst us in this chamber today, and we remember those who lost their battle, despite valiant efforts.
We want to thank the Canadian Cancer Society for the exceptional work that they do. Today we want them to know that as MLAs who represent every corner of this province, we want to do our part to fight back during Daffodil Month and beyond. The daffodil is a symbol of hope. While we can’t change the past, we can and we will work together to change the future.
Oral Questions
DISPUTE WITH ALBERTA ON
TRANS MOUNTAIN
PIPELINE
J. Johal: This government is acting deliberately to terminate the Trans Mountain project, which has already received full regulatory approval. These actions have triggered a trade war and a national confrontation, with serious negative consequences for our economy.
Will the Premier explain how a trade war with Alberta and a fight with Ottawa are good for B.C.?
Hon. J. Horgan: I thank the member for his question. As he will know, we had an election campaign about 12 months ago. During that time, we on this side of the House — completely, from one end to the other — campaigned in the best interests of protecting our air, water and land and ensuring that we could defend our coast.
We were abundantly clear about our view on a particular project. We were abundantly clear about our concerns about a lack of federal action to protect our marine environment. We put that question before the public, and they spoke.
Mr. Speaker: Richmond-Queensborough on a supplemental.
J. Johal: Standing up for British Columbians means having constructive relationships with our neighbours and with our federal government and not picking fights.
Does the Premier accept that he has put our economy at risk with an escalating trade war?
Hon. J. Horgan: I’m not in a trade war with anybody. I am in court, with the lead of the Attorney General’s ministry. We joined a court proceeding already underway before we were sworn in. We have started a second proceeding to get clarification on jurisdiction, as a result of a provocative action by the government of Alberta. We at that time asked the federal government — myself and the Attorney General — to join with us in that, sending the question to the Supreme Court of Canada. They declined, and we’re going to proceed.
This is one project of many in Canada. This was not a crisis when Energy East did not proceed. This was not a crisis when Keystone XL did not proceed. This is one project in a sea of investments.
We have had robust growth in British Columbia. The member will know that for seven consecutive months, unemployment has been below 5 percent. That is record-breaking for Canada. We also, as the Minister of Finance will maybe have an opportunity to talk about, have had our credit ratings reaffirmed. We have three balanced budgets going forward. Things are looking pretty good in British Columbia right now.
Mr. Speaker: Richmond-Queensborough on a second supplemental.
J. Johal: It’s the Premier and his actions that are ultimately harming British Columbia’s interests by picking an unwinnable fight. It is the Premier who is escalating this battle. It is the Premier who is ignoring the rule of law.
The question. The Premier has the power to end this. Again I ask: will he end all threats of delay to the Trans Mountain project?
Hon. J. Horgan: I find it passing strange that the member from Richmond believes that trying to assert the jurisdiction of the province of British Columbia in a cooperative federation is somehow flouting the rule of law. I find it passing strange that joining a court proceeding that was begun when that side of the House was on this side of the House is somehow ignoring the rule of law.
We stand with British Columbians, in court, making the argument that this project is not in the interests of British Columbia. If the member wants to go to hear the court proceedings, I welcome him to do so. We’re living by the law in British Columbia, as all British Columbians should.
T. Redies: The NDP is telling local and international investors that you cannot rely on the government of British Columbia to follow the law. Either this is a province that you can invest with confidence in, or it is not. This is bigger than one project.
To the Premier, how can any investor trust a government that is willing to ignore the constitution?
Hon. J. Horgan: Last time I checked, the constitution provided protections for Canadians and all British Columbians, and we are living under that cloak of protection when we go to the courts to seek clarification on issues that are in dispute. That’s what the rule of law means.
I know there are one or two QCs on that side of the House that may walk the member through what the constitution is and what is at dispute in this instance. We said during the election campaign that we felt the National Energy Board process was flawed. It turns out that the federal government agrees. After they made the flawed decision on Kinder Morgan, the federal government is now rewriting the National Energy Board processes because they recognize they’re inadequate.
I say for British Columbians that we shouldn’t have to take the last bad decision by the NEB. We should revisit this thing in the interests of British Columbia to defend our coast and defend our interests.
Mr. Speaker: The member for Surrey–White Rock on a supplemental.
T. Redies: This is what the Business Council of British Columbia said this morning: “This is a referendum on whether British Columbia is open to investment and whether a legal enterprise can, with any confidence, invest, build and operate a business within the province….”
Again to the Premier, how can any business have confidence in a government that doesn’t follow the rules?
Hon. J. Horgan: When we’re getting the primer on the constitution, maybe we’ll get a primer on referenda as well.
What we’re talking about here is the province of British Columbia going to court to assert our jurisdiction and to protect the interests of British Columbians. We’re not being provocative. We said in an election campaign a year ago that this is what we would do. We’re now doing it. A year later somehow this is a crisis. It was not a crisis when Energy East went down. It was not a crisis when Keystone XL went down. One investment project does not an economy make.
LNG DEVELOPMENT AND
GREENHOUSE GAS EMISSION
TARGETS
A. Weaver: Government has committed to reducing greenhouse gas emissions by 40 percent from 2007 levels by 2030 and by 80 percent from 2007 levels by 2050. This is why the government’s continued desperate push for LNG is so problematic.
LNG Canada’s proposed four-train LNG facility would add eight to ten megatonnes of carbon dioxide equivalent. That’s more than 50 percent of all of British Columbia’s present industrial emissions. And they’d add that to B.C.’s total emissions.
Our targets are such that by 2050, British Columbia can emit only 12.9 megatonnes of carbon dioxide equivalent. At about 9.6 megatonnes, LNG Canada would yield the single largest source of those emissions. That’s three-quarters of all of British Columbia’s allowable emissions in just one LNG facility.
My question is to the Minister of Environment and Climate Change Strategy. How is it possible for British Columbia to meet its greenhouse gas reduction targets in light of these numbers?
Hon. J. Horgan: I thank the Leader of the Third Party for his question. I know his passion for climate action, and his reason for being in this House is that very issue.
I’m committed, as I said during the election campaign and as I’ve said since forming the government…. We are going to put in place targets, by 2030, that see our emissions go down by 40 percent from what they were in 2007. I’m committed to doing that.
At the same time, when investors come calling with proposals, it’s appropriate that we talk to them. It’s appropriate that we look at the fiscal framework and that we put in place the terms of engagement.
That’s why I’ve said to the LNG community: “If you’re going to employ British Columbians, there’s going to be a fair return to B.C. for access to our resource. You’re going to work with Indigenous people in partnership.” The member for Skeena can talk to us about that. “If you’re going to ensure that you assist us in getting to our greenhouse gas objectives, we welcome that investment.”
Mr. Speaker: The Leader of the Third Party on a supplemental.
A. Weaver: I do appreciate the response from the Premier. Nevertheless, it seems to me that rhetoric here in B.C. is not too dissimilar from what we’re hearing nationally. On the one hand, Prime Minister Trudeau claims we need to build new pipelines and increase oil sands production multifold in order to reduce greenhouse gas emissions. Our government thinks we need to increase industrial emissions by 50 percent in order to meet our greenhouse gas reduction targets.
Look, LNG Canada would not build a new LNG facility today just to tear it down tomorrow. The facility will be built to be around for decades to come. That means that for all other aspects of the British Columbia economy, emissions would have to drop by 52 percent by 2030 and — get this — 95 percent by 2050. Government is essentially saying that this one LNG plant and these 200 jobs are more important than everything else in our economy.
My question to the Premier is this. Is he prepared to tell Rio Tinto Alcan, Teck, Lafarge, Canfor, Catalyst and even the Greater Vancouver Sewerage and Drainage District that they all have to shut down because British Columbia’s emission budget is all but used up by that one LNG Canada facility?
Hon. J. Horgan: Well, we have no final investment decision by anyone when it comes to developing liquefied natural gas, and the members on that side will know that full well. They promised dozens and dozens of them, and none of them materialized.
I don’t want to be glib with the member’s question because he’s absolutely correct. If we are going to meet the targets that we have set as a Legislature — or will be codified by the Legislature in the days, weeks and months ahead — we’re going to have to have the hard discussion with all members of society, not just the industrial sector but our families, our communities. Everyone is going to have to weigh in and do their part to reduce emissions.
This is the challenge of our generation. I’m not telling the member anything he doesn’t already know. I’m committed, as the leader of this government, to realize those objectives, and I’m going to continue to fight for that.
RESPONSE OF ENVIRONMENT MINISTER
TO ANTI-PIPELINE
ACTIVITIES
P. Milobar: After losing on Site C, after losing on LNG, this activist Environment Minister is trying to keep his activist friends on side by continuing to carry out a guerilla war against Trans Mountain. The goal of the Bowen Island group is to support mass resistance. To quote Grand Chief Stewart Phillip: “You cannot build a pipeline in a war zone.”
When will the minister start acting like an unbiased regulator and denounce the actions of radical activists who are trying to turn B.C. into a war zone?
Hon. J. Horgan: We’ve got the deep state conspiracy theory over here. I’m waiting for Sarah Huckabee Sanders to come in any minute now and declare it all to be fake news.
We’re, on this side of the House, trying to bring British Columbians together, and that might be something to reflect on, on that side of the House. When you identify passionate people as enemies of British Columbia, you’re on a slippery slope, my friend. Take it from me. I understand that.
Now, I think the better course of action for the member from Kamloops is to work with his community and work with people on this side of the House to build a better British Columbia. Most of us want to do that. You should join in.
Mr. Speaker: Kamloops–North Thompson on a supplemental.
P. Milobar: Well, it’s actually Kamloops–North Thompson, and the North Thompson part is critical because there is much support for this pipeline project all through our riding. In fact, they don’t want to see it shut down and Canada’s resource industry shut down.
The minister has been attending strategy retreats with activists and has refused to disavow statements that support conflict and illegal activity. Today in the Globe and Mail, in a national editorial, they accuse the B.C. government of “attempting to carry out a guerrilla war against Trans Mountain.”
How can the minister claim to be an unbiased regulator when it is clear to everyone, including the federal government, that he is not acting in good faith?
Hon. J. Horgan: I was adjacent to the member’s constituency just last week, in the Upper Nicola First Nation, where they want to invest enormous amounts of money in alternative energy, bringing on a solar farm that will create lots and lots of jobs right in his backyard. It’s green energy. It’s what we want to see more of in British Columbia. I think he should get on board with that.
TRANS MOUNTAIN PIPELINE AND
TRANSPORT OF OIL BY
RAIL
M. Bernier: The only alternative to the Trans Mountain project is a significant increase in the transportation of oil by railcar throughout British Columbia.
An easy question for the Minister of Environment, unless the Premier is going to keep taking his job away from him. Can he please explain why he prefers oil by rail?
Hon. J. Horgan: Certainly, I raised the question with both the Prime Minister and the Premier of Alberta yesterday that if we had spent a fraction of the time focusing on building more refining capacity here in Canada, we’d be in a much better position in terms of job creation, using a resource that we can currently depend on and then helping us transition into a green future.
That would be leadership. That would make life better for all British Columbians. That would make life better for Albertans and all Canadians. I think you should get on board with that.
Mr. Speaker: Peace River South on a supplemental.
M. Bernier: It’s pretty basic. The actions of this government are going to mean more oil being transported throughout communities in British Columbia by railcar — communities like Burnaby, Langley and even downtown Vancouver. I know the Premier can see the railcars that have oil in them out of his window in Vancouver, in his office.
To the Minister of Environment, can he explain how many more railcars are going to be needed to be transported through British Columbia before he will stop the delays of the Trans Mountain project?
Hon. J. Horgan: Again, to the member that just asked the question and all members on the other side of the House: why don’t you join with British Columbians and build a new vision for an economy that includes everybody, not just the boardrooms in Texas but people right here in British Columbia?
Creating economic opportunities — what we’ve been doing since July of last year. We’ve invested in people. We’ve invested in infrastructure. We’re going to continue to do that to build a robust, sustainable economy that includes everybody, not just the people in Texas.
DISPUTE WITH ALBERTA ON
TRANS MOUNTAIN
PIPELINE
M. Lee: The Globe and Mail says this is “nothing short of an economic and constitutional disaster for Canada.” Does the Premier accept that this is no longer just about one project but about the fundamental basis of our federation?
Hon. J. Horgan: I’m grateful to know that the member still believes that the Globe is running Canada, but it’s not. It’s not. British Columbians are running British Columbia, and the federal government has its responsibilities. I had a very productive discussion with the Prime Minister on the weekend and again last week. These are issues of importance to all Canadians, and we take it very, very seriously.
Let’s just review here. We are in court, where civilized people should go to resolve disputes. We proposed to the federal government they join with us on the jurisdictional question. They declined to do so.
I believe it’s my responsibility, under the constitution that the member behind you will be getting a primer on, to protect the interests of this province, and I’ll continue to do that. I don’t give a damn what the Globe and Mail says.
Mr. Speaker: Vancouver-Langara on a supplemental.
M. Lee: I’m happy to hear that the Premier acknowledges the federal jurisdiction in this manner. This is a federally approved project under federal jurisdiction. With 14 out of 14 court challenges already dismissed, this government should know it doesn’t have a legal leg to stand on.
Will the Premier drop the political games and meet with the federal government to resolve this matter immediately?
Hon. J. Horgan: Well, a lawyer on the other side of the House, a group of people that took teachers to court for 15 years…. I’ll remind him that you only have to win one case to be right. The B.C. Teachers Federation won one case, and you lost bigly, as the fellow down south would say, and the interests of students are now being met by new people on this side of the House.
S. Bond: Let’s talk about the people who are working to grow the economy in British Columbia. What did they have to say to the Premier this morning?
In fact, here’s what they said. They called on the Premier “to demonstrate the leadership expected by Canadians to end this crisis of confidence for investment, the rule of law and the federation.”
A simple question to the Premier. Will he get on a plane to Ottawa immediately to resolve this issue?
Hon. J. Horgan: I’m not familiar with who the member was quoting, but let’s just deconstruct the points that she made. Firstly, our federation is strong. It’s 150 years strong, and it has withstood more than one difficult issue in that time. I’m fairly confident that Canadians will get past this one issue that is more important to shareholders in Texas than it is to the broad coalition of provinces right across this country.
First point, the federation is strong. Second point, we are not violating anything. We’re in court. We have been, by the admission of Kinder Morgan, issuing permits as required, as they’ve asked for them. We have not been hassling them in any way. They are coming. We are dealing with them.
The issue at hand is before the courts. A country that is built on the rule of law should resolve its disputes in courts, and that’s exactly what we’re doing.
Mr. Speaker: The member for Prince George–Valemount on a supplemental.
S. Bond: The Premier talks frequently about responding to British Columbians. Business organizations in British Columbia are standing up today, and they are asking this Premier to move past the political gamesmanship. He can stand in this House and deflect all he wants, but here’s a simple question. Will this Premier do the right thing, set aside his pride, get on a plane, meet with the Prime Minister and resolve this issue?
Hon. J. Horgan: Well, firstly, it’s not about pride. It’s about the commitments we made to the public during an election campaign. We’re living up to those commitments by using the courts to make our argument that we believe that the risks are too great to proceed with this project. That’s what we said we would do. That’s exactly what we’re doing.
I know that members on that side of the House are engaging in the politics of the day, but I have to tell you that when we put forward the notion of a joint submission to the Supreme Court to resolve the jurisdictional issue, that was good enough for Alberta then. They stood down their illegal action against our wine sector, and they said: “Good for you. We’ll see what happens.” And all of a sudden, when the shareholders in Texas issue a press release, it’s a constitutional crisis.
I was in the member’s community on Friday talking to 500 representatives from the forest industry. They are very happy with the way things are going in British Columbia. There’s a government that’s listening to what they need. We’re doing our level best to make sure that the challenges that forestry faces can be resolved by cooperation and consensus. I had a happy group of people, and the member would have enjoyed being there. It was really quite an enjoyable morning.
M. Polak: British Columbians are proud Canadians. They are rightly troubled when the government of Canada says that B.C. is being “reckless with the financial well-being of Canadians and…the fabric of the federation itself.” Considering the national interest and, indeed, what’s in the best interest of British Columbians, will the Premier work with Ottawa to resolve this issue?
Hon. J. Horgan: Well, again, I’ll go back to the National Energy Board process, which, at one time, the member who just asked the question was responsible for, tangentially, as the Minister of Environment. She will know that there were significant challenges with that process, so much so that it was declared illegitimate by many people that were participating in that process. Now we have a federal government that, after having insisted that we accept the last ruling of an inadequate process, has completely revamped the entire thing.
Why is it okay for British Columbians to accept the outcome of a bad process and it’s not okay to say: “Enough is enough. Let’s go to court and resolve this”? That’s what we said we would do. That’s what we’re doing. I think British Columbians support that.
Mr. Speaker: The House Leader for the opposition on a supplemental.
M. Polak: It is a result of the actions of this government that have caused Premier Notley of Alberta to promise that she will “impose serious economic consequences on British Columbia if its government continues on its present course.”
Interjections.
Mr. Speaker: Proceed.
M. Polak: Thank you, Mr. Speaker.
Let’s be clear. It’s working British Columbians who are the ones who are going to be hurt as the result of any sanctions imposed by Canada and Alberta. Will the Premier do his job, talk to the Prime Minister and resolve this?
Hon. J. Horgan: I did talk to the Prime Minister yesterday. I talked to the Premier of Alberta yesterday. I’m sure we’ll talk again in the future.
A. Wilkinson: What we’re seeing today is a government and a Premier that seem to think they act in complete isolation. Let’s hear what the rest of the country has to say. The government of Canada says that this Premier and this government are being reckless with the financial well-being of Canada and the fabric of the federation itself. These are usually extended to Quebec separatists, but instead we find them being applied to British Columbia.
We have a Premier who stood here not 20 minutes ago and said he is “living by the law.” What they are doing is creating uncertainty by ignoring the law. What we get from this is commentary saying, in a national newspaper, that this “is nothing short of a constitutional disaster for Canada.” The Premier stands alone in his opinions.
What we have at the end of the day is a government and a Premier who have created uncertainty in the marketplace, who are ignoring the law, who are defaulting to the idea of oil coming by railcars not three years after Lac-Mégantic. Of course, we have the prospect of a trade war with Alberta, which Premier Notley is not about to give up on in her desperate attempt to get re-elected. We have stern warnings from Ottawa calling for this government to come to its senses.
Interjections.
Mr. Speaker: Members, we shall hear the question. Thank you.
A. Wilkinson: It’s rather disappointing to hear the NDP backbenchers making fun of the situation.
The question to the Premier: is this burgeoning fiasco his definition of success?
Hon. J. Horgan: Sub-5-percent unemployment is a symbol of success, I would argue.
Reaffirmed credit ratings just last week, when there was allegedly a constitutional crisis and the fabric of the country was coming apart — I would say that would be an affirmation of support.
I would say starting the first significant social program in a long, long time by making sure that we have universal, accessible, quality child care for families is a good step forward.
I would say that making life affordable for British Columbians is something that they voted in favour of, and that’s what we’re delivering on.
Lastly, I would say that I do not stand alone. I think I stand with a whole bunch of people on this side of the House, on the right side of history, with British Columbians, defending our coast against what would be a catastrophic event for our economy and for our environment, and that’s a diluted bitumen spill in our pristine waters that would affect our economy and affect our people for, potentially, generations.
A. Wilkinson: The Premier represents the riding of Juan de Fuca. For the last 45 years, every single day an Aframax tanker has come from Valdez, Alaska, past his riding, to the Anacortes refinery complex. This side of the House secured $1.5 billion in coastal protection funds for the first time in British Columbia’s history so that the entire west coast of British Columbia could have some protection from a possible tanker spill.
This Premier is now writing off the idea. What are we going to get? Oil by rail. American imports. That same Alaskan crude will come in past his riding and be sent to British Columbia to backfill the deficit in British Columbia. Yet we have a Premier who stood here 25 minutes ago and said: “One investment project does not an economy make.” That’s $7 billion of worldwide investment confidence in British Columbia, the prospect of saving us from oil by rail, getting ourselves off American crude that comes in by ship right past his house, and this Premier blows it off.
It becomes clear that it’s time for this government to wake up and realize the fiasco it’s created. We have a trade war about to emerge with Alberta. We have a Prime Minister who’s furious with this province and talking about the possibility of changing transfer payments to this province. This Premier has single-handedly created a complete mess, and it’s time for him to accept his accountability, get on the plane to Ottawa and solve this little mess that he has created for all British Columbians.
Hon. J. Horgan: Hyperbole is not in the interests of anyone. I appreciate that this half-hour of the day is designed for just that. But this is a very serious matter, and the members know that. I also believe that we have to be committed to the campaign statements that we made. We said two years ago that we would stand up and defend our coast. I don’t know what the problem is with members understanding that, and 60 percent of the people who cast ballots, cast ballots for that point of view.
Interjections.
Mr. Speaker: Members, we shall hear the response. Thank you.
Hon. J. Horgan: Again, if the member for Fort Langley–Aldergrove wants to get exercised, I think that’s good for all of us. But the facts remain. We said over a year ago that we would pursue a course to protect and defend our coast, and that’s exactly what we’re doing. We’re not doing it with threats. We’re not doing it with intimidation. We’re not stomping our feet. We’re in court. We’re in court, making the argument that British Columbia should have jurisdiction over our air, our water and our land, and the risks are too great.
I don’t think that that’s disagreeable to most British Columbians or, in fact, most Canadians, because that coast does belong to all of us, from coast to coast to coast. The protection plan the member talks about is an 11-year commitment for three oceans. So is he now suggesting that the federal government should yank that away and not protect our coast? I don’t think British Columbians would be terribly happy with that position.
[End of question period.]
Tabling Documents
Hon. D. Eby: I have the honour to present the 2017 annual report of the Forest Appeals Commission.
D. Barnett: I seek leave to table an envelope with letters from my constituents to the Ministry of Education from the Canadian Council of the Blind in my riding, asking for funding to fund CELA in rural British Columbia.
Leave granted.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued debate on the estimates of the Ministry of Forests, Lands, Natural Resource Operations and Rural Development. In Committee A, I call continued debate on the estimates of the Ministry of Environment and Climate Change Strategy.
Committee of Supply
ESTIMATES: MINISTRY OF FORESTS,
LANDS,
NATURAL RESOURCE OPERATIONS
AND RURAL DEVELOPMENT
(continued)
The House in Committee of Supply (Section B); R. Chouhan in the chair.
The committee met at 2:43 p.m.
On Vote 28: ministry operations, $473,452,000 (continued).
J. Rustad: Thank you, hon. Chair, and to the minister and staff, good to see you back here again as the estimates process continues.
We are going to start by going back to an issue that we canvassed three weeks ago with regard to tenures and the tenure process on fish farms. There was a report that came out from the Minister of Agriculture’s Advisory Council on Finfish Aquaculture that made some recommendations to this government. I believe the comment from the Minister of Agriculture, at the time, was that they will be considering these recommendations.
The reason for asking is that there was a discussion that we had specifically around the tenures and the renewal of tenures for fish farms. The minister, I believe, stated that there would be no change to the current process in terms of renewable tenures. The recommendations from this report suggest that there would be a change if these recommendations were adopted.
Starting off, I’d like to ask the minister whether or not he and this government are endorsing these recommendations brought forward from this advisory committee.
Hon. D. Donaldson: Chair, welcome back to estimates as well. I jokingly heard today that we’ve covered two months in these estimates, in that we started in March and now we’re in April.
I welcome any questions in these estimates. It’s the time for the official opposition to have a chance, on behalf of the public, to question the expenditures within the ministry.
As far as the member’s question regarding the Minister of Agriculture’s Advisory Council on Finfish Aquaculture final report, known as the MAACFA report, I just want to commend the amount of work that went into this report. It’s taken pretty well almost a couple of years, and I understand the members of this council met at least a dozen times.
There are at least 29 recommendations. It’s a matter of looking at these recommendations, analyzing them. It’s a complex issue. We will be having our staff look at them. Also, we need to make sure that we consult with First Nations and industry around the recommendations as well.
I welcome the recommendations. I welcome the analysis that the people on the council took in providing the report. As I said, it’s a complex report — over 200 pages, over 29 recommendations. We’ll be taking our time to look at them, along with consulting First Nations and industry.
J. Rustad: As the minister is likely aware — and by the way, thank you for that response — there are tenures that are up for renewal this spring into summer. There are decisions that need to be made by companies with regard to restocking, moving forward with their operations.
I guess the question is: what time frame is the minister looking at, is this government looking at, in terms of a review of these recommendations and any potential changes? Will any permitting requests for renewals that are in the system go through under the current rules, or will they be facing potential changes midway through the process?
Hon. D. Donaldson: Well, we have statutory obligations to begin consultation with First Nations around the renewal of the 20 tenures that come up for renewal at the end of June — those being in the Broughton Archipelago.
At the same time, we’re proceeding with First Nations. We began meeting with them. It’s a historic coming together of six First Nations and five band council representatives at the table. That’s important, because we have the process proceeding with the statutory obligations around tenure renewal. But it has to also be considered within the whole framework of how we’re proceeding with First Nations on the question.
Importantly, there’s also a major role for the federal government to play here. I would just roughly estimate that 90 percent of the responsibility around aquaculture is within federal jurisdiction, so we’ve had discussions with the federal government as well to try to bring them to the table in a more fulsome manner on this topic.
J. Rustad: I didn’t really hear an answer to the question, so maybe I’ll try to restate the question. I understand the federal government’s role in terms of the licensing. It is a provincial role in terms of the tenures, which is what we’re talking about in terms of process.
I’ll re-ask, if I may: can companies expect the process to be what is, under the current rules and the current process…? Can they expect that to be able to go forward in terms of renewals of those 20 permits through the process through the end of June? Or is there potential for that to change, in light of the report on finfish aquaculture?
Hon. D. Donaldson: Of course, the intent overall in this process is to ensure that wild salmon populations are sustainable, not just in the Broughton but in the province generally. I know that they’re important in the area I represent. They’re important provincewide. Those populations are important in the constituency that the member represents.
Just for clarification, when the member uses the term “tenures,” we’ve got to make sure, for the record, that we’re at least talking about two different types of tenures. The tenures that we’re responsible for as a province are Land Act tenures. They’re the tenures that are affiliated with the anchoring of the fish farms, either to the foreshore or to the seabed, a seabed that is under provincial jurisdiction in these cases.
Then there’s the fisheries licence, and that’s a federal jurisdiction. That has to do with issuing a licence for aquaculture activities such as open-net fish farming, the water column beneath those fish farms. The majority of what people would consider the concerns around Atlantic salmon and the impact that they possibly have on wild salmon are within federal jurisdiction.
We have entered into significant negotiations with First Nations who are concerned and who are in support — and do not support — fish farms. But those significant negotiations are underway, and I will not prejudice those negotiations by predicting an outcome in any way. But we’re on a time trajectory to try to resolve this situation. It’s been around for a long time, and we want to make sure it’s resolved in a manner that’s going to be able to have both industry and First Nations move forward.
J. Rustad: I, unfortunately, am going to be required to ask the question once again. The minister, a few weeks ago, through the estimates process, said that there would not be any change to the current process which those tenures would go through. It’s a process I understand well, and it’s a process that statutory decision–makers will be making through the establishment of how these tenures get renewed and have been renewed many, many times in the past.
The question, once again, to the minister is: will the expectation of that process going forward to renew those permits be subject to changes, or will they be renewed under the existing process?
Hon. D. Donaldson: I’ll be as clear as possible for the member and his question. The statutory obligations about moving forward with the process around tenure renewal will take place as is obligated under the legislation.
At the same time, we’re undergoing significant government-to-government discussions and negotiations with First Nations whose territory includes the Broughton Archipelago. So all I can tell the member at this point is that we’re going to be proceeding as our statutory obligations require, and we’re negotiating with First Nations to create certainty in the longer term.
J. Rustad: The minister — for, I think, the third time now — still hasn’t quite answered the question. Would there be changes to the process which has been long established for the renewal of tenures?
Hon. D. Donaldson: Well, the member can keep asking the question, and I’m going to give him the answer that I’ve been giving — that we are committed to the statutory obligations that are in existence now and that I will not predetermine the outcomes of significant negotiations on a government-to-government basis with First Nations.
We are in touch constantly with industry. We are in touch with the First Nations organizations that are in representation of the Broughton Archipelago. We’re in touch with First Nations out of that geographic area that have fish farms in support and not in support.
The tenure obligations that were required to fulfil our statutory duty are being fulfilled. At the same time, I’m not going to be predetermining or talking about what’s going on in significant government-to-government negotiations with First Nations.
J. Rustad: Perhaps the minister didn’t understand the nature of the question. I’m not specifically asking for what the outcome will be. I understand the need for negotiations. I understand the engagement from government to government.
What I’m trying to talk about, or I’m trying to ask about, are the rules by which a company may operate and have expectations to be able to go through in terms of a process of tenuring. I guess I’ll rephrase the question in respect of the rules. Does the minister anticipate the rules changing between now and the time when those tenures are up for a renewal decision by a statutory decision–maker?
Hon. D. Donaldson: Well, for the issuance of licences and tenures under the Land Act, the process remains the same. And we have, at the same time, negotiations on a government-to-government basis being undertaken with First Nations. The purpose is to resolve the conflicts that are occurring within the Broughton around open-net salmon fish farms. The purpose is that the outcomes will resolve those conflicts. It’ll be good for the future of aquaculture, and it’ll be good for First Nations.
On the one hand, we have a process that remains unchanged. It’s the statutory obligation. On the other hand, I can’t predetermine the outcomes. But we’re in a negotiating process to try to reduce conflict, because the situation as it stands now is not conducive to industry and not conducive to First Nations who have concerns.
J. Rustad: I suppose that might be as close as I get to an answer on that question. But I do want to put on record that one of the recommendations for immediate recommendation actions was to establish policy requiring industry to have agreements with a First Nation or Nations “affected by a net-pen aquaculture site as a condition of any new or replacement site tenures and provide guidelines to industry for developing these agreements.”
That, to me, would signal very clearly that if government were to be doing that, it requires there to be an agreement before those tenures would be renewed. That would be a significant departure from the current tenuring renewal or issuing process, which is why I’m asking the minister whether or not a recommendation like that is going to be considered to be mandatory prior to the renewal process for those 20 licences in the north end of Vancouver Island.
Hon. D. Donaldson: I’ll go back to where we started with the first question. I want to thank the MAACFA council members for their hard work over 18 months, and the 29 recommendations are all being considered, in discussions with First Nations and industry.
I just want to quote from…. It’s over 200 pages long, but I’ll quote from one paragraph and the conclusion of the report on page 19. It says: “All council members recognized there is a desire among many for a simple ‘yes’ or ‘no’ answer to the core questions in the terms of reference about the continuance of marine-based salmon aquaculture in B.C. Simple answers are rarely available to complex questions, and this is the case for aquaculture.”
J. Rustad: I recognize that quote and that component from the report on page 19. That wasn’t the question, of course. I’m not asking about whether it’s a simple process or complex. I’m asking about whether there is a change to process and expectations.
Under the United Nations declaration of the rights of Indigenous people, UNDRIP, there is a clause in there that speaks about free, prior and informed consent. This particular recommendation that would be brought in could be viewed as a requirement for consent before any sort of licence or process would be renewed or issued, which is why I’m asking this question.
We have canvassed this many times in this Legislature, and that particular clause, even as referred to by Grand Chief Ed John, does not mean a veto. Yet this particular recommendation coming forward would be a veto, because obviously if an agreement cannot be reached, it would be a requirement. So this is why I’m asking the minister.
I’ll ask once again if that particular recommendation would be something that would need to be in place or considered before renewal would be in place, which would be a departure from the current process and, quite frankly, would send a very interesting message right across this province with regards to the interpretation of free, prior and informed consent.
Hon. D. Donaldson: I’ll say again that there are 29 recommendations. We’re considering all of them. We’re consulting with First Nations and with industry about the recommendations. It’s a large and complex report. We’re not endorsing any one of them at this point, to date.
As far as what…. The member raises a very good question around free, prior and informed consent. We believe that the process we’ve embarked on with the First Nations in the Broughton is a demonstration of the principles of the United Nations declaration. It’s a direct result of the fact that this kind of work wasn’t done in the past. We’re doing it now, and it’s creating a pathway to more certainty and a pathway to a better future for both industry and First Nations.
J. Rustad: In the interest of time, I think we’ll move on from this particular topic. I’m sure we’ll get a chance to canvass this further down the road. Who knows? Maybe we won’t even end estimates today, and there might be a chance down the road as well.
However, at this time, I’m going to move on from the fish tenuring process. I’d like to offer my colleague from Delta South an opportunity to ask, specifically, around some of the foreshore issues and other issues associated with his issues on the Fraser River.
I. Paton: I’d like to speak for a moment about water lot leases. I think you’ve heard this from me before. In my riding of Delta South, we have a great number of water lot leases that are held in the southern part or the western part of the Fraser River, right at the mouth — Steveston, Richmond and Ladner, in particular.
Mr. Minister, uncertainty over the future of 360 provincially owned water lot leases in the Lower Fraser River has reached a crisis point. The lack of long-term leases is taking its toll. Most evident is the devaluation of businesses and homes, but unseen costs include higher insurance premiums, failed sales agreements and untold infrastructure investments being put on hold. The businesses and property interests impacted include fish processing, marine parts and service, tugboats, tows and barges, shipbuilding repairs, restaurants, marinas, yacht clubs, condominiums and float home owners, and municipal interests, such as the city of Delta’s waterfront plans.
Although we appreciate that FLNRO has had to staff up and that the First Nation consultations took time, prompt action is required on long-term leases with fair rents. In my area of Ladner — I’ve brought this up before — we have a very frustrating long-term situation. For instance, in downtown Ladner, we have a street called Chisholm Street. It’s basically bare. It’s vacant. It’s on the water. We can’t get any businesses, any restaurants, any gift shops or any developers to come in and take hold of this Chisholm Street.
We would like to make it a beautiful re-enactment of Steveston, where people can come and sit and have coffee out on the water. But no one will come to invest in Chisholm Street in the downtown, historic part of Ladner to build anything — to build a Cactus Club, a Milestone’s, a gift shop or even a fish and chips shop — when they know of the uncertainty of leases. They’re not long enough. Right now they’re being offered, I believe, one- and two-year leases. No bank is going to lend money to a developer to come along and borrow money to make investments on the water with these short-term leases.
The other thing is that I’m getting letter after letter from people that live on the river. We have fish processing plants in Ladner. We have recreational marinas. We have a lot of float homes, and we have different businesses, such as restaurants. I’ll give you an example, Hon. Minister, of a restaurant in Ladner called Sharkey’s Seafood. Part of his business is on the upland portion of the dike, but part of his business is also part of the water lot, which is basically some land with a little old dock at the bottom, in the river, that nobody ever uses.
He traditionally paid $2,500 a year as his water lot lease. About a year and a half ago, he was told that it was being increased to about $12,500 a year, which he thought he could live with. In 2018, he got a letter from FLNRO saying, “Your estimated cost for your water lot lease portion of your Sharkey’s restaurant is going to be $59,000 for the year,” which is absolutely outrageous.
We need to get through this consultation period. Hopefully, it’s finally over. I would really like to get some answers on the length of these water lot leases in my Ladner area and the cost of the water lot leases.
Hon. Chair, can the minister update me on the status of the timeline for the renewal of long-term water lot leases for residents and businesses of Ladner?
Hon. D. Donaldson: I just want to thank the member for not only his question and the background but his advocacy on this file. It’s a file that I, of course, being from the northwest, wasn’t absolutely up to speed on until I became minister. Not only through the efforts of my ministry staff but through his efforts in bringing representatives from the Ladner local government to the Legislature here for me to meet with and from his questions previously, I’ve come to a greater understanding of — and our ministry understands — the situation that’s faced by the members in his constituency, by Ladner.
We’ve put a priority on it, and we’re progressing. Eighty-three percent of the files that we’ve received from the federal government have been completed. Those are, beyond those two-year leases, multiple-year leases, depending on the purpose. We did institute the two-year-lease renewal just to have some continuity while we had time to do consultation. We’re consulting with the Musqueam and others.
I’ve got to say that each circumstance is a little bit different, because the purpose of the lease is a little bit different. I believe that we’re making good progress, but I do understand the frustrations on those other 17 percent of the files that haven’t come to a long-term completion yet.
If the member would like to supply me with some specific information on the circumstance with the restaurant that he describes here, I’d be happy to have a look at it. As far as the other ones go, overall, it’s a priority of ours, and we’re working hard to get them resolved quickly.
I. Paton: One final question on this. I won’t spend too much time. I’d love to spend a couple of hours. Would you have any sort of a hard deadline from the ministry to finalize all the leases and lease offerings in my area of Ladner?
Hon. D. Donaldson: It took a little bit of time, and I just want to express to the member that that time is reflective of the seriousness of the topic. I want to make sure that we can try to give as much certainty as possible to those who are holding those leases.
We got the head lease provided to us from the federal government in 2015. Our goal was to have things wrapped up within three years. That would put us to the end of this calendar year, of 2018. Having said that, some of the files are quite complicated, but that’s what we’re shooting for. We also have to rely on some of the evaluations and assessments that are done in the 2018 assessment year.
I just want to make sure that the member knows that this is a priority, and we’re hoping to wrap them up by the end of the calendar year.
I. Paton: I’d like to move on, just briefly, to dredging in the secondary channels in my community of Ladner. As the minister likely knows from the last time we were here in estimates, back in 2015 there was a problem of sediment buildup in the secondary channels of the Fraser River that move into my little town of Ladner and the different fingers of the Fraser River.
Back then, we finally got together a coalition of stakeholders such as the province of B.C., the city of Delta and Port Metro Vancouver to come up with quite a large figure of roughly $10 million to get in the dredging companies to dredge the secondary channels of my small community of Ladner.
The Fraser River, as we know, is one large river, but as it gets towards Metro Vancouver, it splits into many little secondary channels — in which, in Ladner, we have recreational marinas. We have many, many float homes. We have upland dikes, as I’ve just spoken of. We also have two commercial fish processing plants, right on a secondary channel coming in from Sand Heads and Steveston into Ladner.
Back in 2015, we were able to get this dredging taken care of, but even since 2015, the silt is starting to come back into these secondary channels around Ladner. This also includes 500 direct and indirect jobs along the channels in my community of Ladner.
What we are looking for is roughly $750,000 a year to upkeep the dredging in this area, rather than having to chase down $10 million every ten or 12 years for a major dredging project. What we’re looking for is a program and funding of roughly $750,000 a year, which could be a joint venture with the province, once again.
My question. Can the minister update me on the status of the ongoing funding request for the dredging of Ladner’s secondary channels? Secondary to that question, has the minister approached the federal government to discuss potential joint funding options for Ladner’s secondary channels?
Hon. D. Donaldson: Again, thank you to the member. I remember getting the maps out with the representatives he brought in from Ladner and looking at the back channels. Not only were there good maps but aerial photographs, as well, about the concern around the sedimentation and the secondary channels.
Our staff, as soon as next week, will be out to tour site-specific areas to look at the siltation issues. We will approach the federal government, but it’s a complex file. We want to have all the information in our hands, the most current, and all our ducks in a row. There are multiple stakeholders — First Nations, local governments. Of course, the overall issue is that dredging for navigation is a federal responsibility.
It’s not that we’re trying to shirk any responsibilities that we have. We just want to make sure that we have a really solid file before bringing it to the federal government, and we want time to do it properly. So we’ll be starting that by having the site-specific visits next week.
I. Paton: One final question. I guess a statement to begin. We would certainly be honoured if the province could look into funding not only through the province but in dealing with the federal government to come together with stakeholders such as the city of Delta, the port of Vancouver, to come up with…. It’s still a big figure, but $750,000 a year would likely get us the dredging done so that we don’t have to chase down a huge amount of money every ten years to solve a bigger problem.
My question, then. Maybe not next week but two weeks from now…. We have a group in Ladner called the Ladner Sediment Group. They’re very adamant about dike heights. They’re adamant about dredging. They’re adamant about water lot leases. They’re a very vocal group. I know that we met with the minister last fall.
My question is…. I believe there’s a setup for a river tour of the secondary channels around Ladner for April 17, and the group is wondering if we can confirm whether the minister will be attending on that riverboat cruise. If not, will there be any deputy ministers attending to have a good look at the situations we have in Ladner with sediment and water lot leases?
Hon. D. Donaldson: I’d like to confirm that the deputy minister will be on that…. The member characterized it as a riverboat cruise? Anyway, I’m not sure…. That doesn’t sound like work, but he’ll be there on that trip.
J. Rustad: Thanks for that version, too, to the issues for my colleague. There may be some other issues associated with water and dredging. There will certainly be some issues around docks, but that will be a little bit later this afternoon.
At the moment, I’d actually like to move now to talk a little bit about wildfires, followed by flooding, and then, hopefully, at that point, some forest health issues and then into wildlife and wildlife management. We’ll see how far we get through the process.
Starting off on the wildfires and the terms of reference for the committee that is chaired by George Abbott and Maureen Chapman. We made a number of recommendations with regards to the terms of reference. Last fall the minister provided an opportunity for the opposition to be able to provide those suggestions.
I’m just wondering if the minister could start, perhaps, by explaining or going through some of those recommendations that we had made and whether or not they were included and, if not, why they were excluded.
Hon. D. Donaldson: Yes, I distinctly recall offering the opportunity, especially for those MLAs from the areas impacted by the last wildfire season to have the ability for input into the terms of reference for the work that that independent, arms-length Chapman-Abbott team has undertaken. They finished the public input section of their work at the end of March.
As far as the recommendations, the input, that were provided by the official opposition MLAs, there were quite a few recommendations — and interest in input. The bulk of them were incorporated into the terms of reference. I can get the member a document showing the recommendations that were provided and how they were incorporated into the terms of reference. I can provide that to him as a request through this estimates process.
J. Rustad: I know that report is due soon, coming up here in April, I think it is. I’m sure all members of the House are looking forward to the report. I guess we’ll leave estimates open until the end of May so we can ask some…. No, I’m just joking.
It would be nice to be able to ask questions with regards to the report, but I recognize that’s not possible. Of course, questions associated with this may or may not be covered by the report.
However, it does bode…. Given the fire season that we had last year and, of course, the potential for other fires this year, which I’m sure there will be, the severity, hopefully, will not be in the category of last year. But it’s important to ask some questions with regards to some of the lessons learned from last year and what changes may be considered or implemented, regardless of what the report may be making in recommendations.
I’d like to provide the minister with an opportunity to perhaps elaborate on some of those lessons learned, some things that may be considered for doing differently this season, in advance of, obviously, the recommendations that may come from the report.
[L. Reid in the chair.]
Hon. D. Donaldson: I welcome the question. This is critical for the public, especially, to understand — that it’s not just waiting till the end of a season, although people are obviously extremely busy when a fire season and fires are occurring, wildfires. But it’s a matter of.... During the actual episode and event, there’s detection and correction continuously going on. It’s a continuous improvement model. It wasn’t just: “Oh, let’s make note of that, and we’ll address it at the end of the fire season.” When it’s been able to address during the actual crisis, during the actual event, then we do that.
I would say that — and I know that Abbott and Chapman are hearing this as well — communication seems to be something that has been universally raised. As the member will know, we have a four-tier review system within our ministry in connection with emergency management B.C. The fourth tier is the level where we get to an independent review that I commissioned back in the fall, but the other three levels are internal. So we do have the system in place to address what we see as gaps.
Of course, this was one of the biggest fire seasons — was the biggest wildfire season — ever. It obviously gave us the opportunity to see some of the areas that need more work in communication, bringing people into the decision-making process earlier in preparation and in response — people like ranchers and cattlemen and the forest industry — especially building on the local knowledge. That was pointed out, oftentimes, around how do we better incorporate local knowledge into the preparation and response during events of the magnitude we witnessed — First Nations as well.
Those meetings about how to create the communication avenues better already began in November and December — and protocols around how to engage and interact and develop the relationships that are so important when a crisis occurs. Those relationships are really what creates the fabric of a better communication system. Just on Friday we held a stakeholder seasonal outlook with an eye to the upcoming wildfire season.
J. Rustad: As we start on this discussion on wildfires, I was remiss in not making an initial opening comment, which is to thank the members within the ministry and across government in many ministries that were involved in last year.
I know everybody worked extremely hard, long hours, was very dedicated in what was an extremely trying time — both when we were in government and, of course, when you were in government through that time. I just want to thank them for all of their efforts in making sure they protected life and doing the best they could to protect property and, of course, other values that we have out on the land base.
I guess I want to canvass a number of things around this. They may or may not be included in what the report may or may not include, but there are things that I think are important to canvass. In particular, I was at a presentation on Saturday night by the fire chief that was responsible for the Fort McMurray response when they had that devastating fire back a couple of years ago. Miraculously, they moved 90,000 people — or 88,000 people evacuated — with no loss of life through that whole process. That, by itself, was an absolute miracle through that.
One of the things that was striking to me, and a comment that was made to me, was the value of our structural protection units that we have in British Columbia. It didn’t appear that they had those. Maybe they did in Alberta. I’m not sure, but it didn’t appear to me that those were in place or used as a tool at that time.
Structural protection units were invaluable in many areas. I had a chance, as I’m sure the minister did, to go out and tour areas that were impacted by the fires and see the difference that a structural protection unit made in saving homes and other values.
I know we have a significant inventory of these, but I often wonder, particularly, about the private sector individuals that have homes that are in potentially high-risk areas — that are out in the woods or in interface areas. Has there been any thought by this ministry to look at setting up a program to encourage or perhaps provide a tax incentive to individuals to be able to purchase and maintain structural protection units in case their property is in the line of fire of a future wildfire?
Hon. D. Donaldson: As far as the protection of communities, we have a budget uplift of $50 million over the next three years for wildfire resiliency initiatives. We’re building a plan about how to best utilize that budget lift, in order to assist communities in becoming more fire safe. The recommendations from Chapman and Abbott — I definitely anticipate they’ll have something to say about this.
As far as incentives to purchase and maintain these kinds of products for individuals, again, I would anticipate that Chapman and Abbott will have something to say about that. I have had, for instance, in my office, one manufacturer of a product around sprinkler kits, which they were advocating for wide distribution, as far as prevention of burning embers landing on a property or on a roof. These sprinkler kits could reattach to gutters. That falls, perhaps, within the category that the member is talking about, around structural protection units.
We have to make sure, in taking into account the recommendations from Abbott and Chapman and from our own reviews, that whatever ideas are coming forward have been well tested and well thought out. There are often lots of ideas, and you’ve got to make sure they’re ground truth before we get behind them fully.
As far as SPUs, structural protection units, go, they can be effective in minimizing structure ignition. But what it really depends on, and their effectiveness, is around the amount of combustible fuels in and around structures. In major urban areas such as the example that the member cited, in Fort McMurray, internally, that’s a pretty significant urban centre. However, having said that, I too witnessed areas where the SPUs were deployed that helped in more rural areas as well.
These are all considerations that we’ve turned our minds to and are turning them to even more, now that we have the budget uplift and as we get the recommendations from Chapman and Abbott.
J. Rustad: The reason, particularly…. I’ve got a number of questions to ask around the structural protection units inside. It was a few of the recommendations that we had suggested, the opposition had suggested, for the review, which didn’t make it into the review directly. It may have been covered by other components of the review. But that’s what begs the question with regards to the structural protection units.
There were a number of cases during the 2017 fire season where structural protection units were deployed. As you saw and as I saw when out touring, in some places, they were successful. In most places, actually, that they were deployed, they were successful. Many places they were deployed, they weren’t required, because the fire went off in different directions, thankfully. So they weren’t tested.
The reason for asking is I often wonder whether or not there should be some broad provincial code with regards to whether, if people are going to be building homes in interface areas, that should be a requirement for homes in those areas, to help in terms of protection against potential interface fires down the road, similar as to other types of standards that we apply for construction. It’s a piece that the province could potentially play a role in.
Obviously, if it was a requirement and/or if there was a program in place, that could be able to help save many homes. It may not always be successful, but it would be…. More often than not, where I’ve seen those things applied, they have been successful in fires.
I’m concerned that that wasn’t directly a question that was put to the committee or to the report, to the chairs of the report. It may be in their report. It may not be. I don’t know, but it’s one that I need to ask here, in terms of the ability of the ministry to be able to help working with landowners, property owners, that have these interface homes.
The question, I guess, is: if recommendations like that are not in the report…? I’m not going to speculate as to what is or what isn’t in the report. But is this a direction that the ministry sees that may be of value — to work with regional districts and perhaps put in some significant changes to what sorts of standards are required for those homes that are in areas of interface?
Hon. D. Donaldson: Some good points. The collective goal — it doesn’t matter to me if it’s on the official opposition benches or the government benches — is to ensure that we address the potential risks coming out of what we saw during the flood and the fire season. We’re talking primarily right now about the fire season, knowing that by all modelling, this could be not just an aberration of one year but a more regular event — the size and the behaviour that we witnessed in the wildfires this past season.
I’ll talk about a few points. We have the B.C. FireSmart committee, which has all agencies that are involved in wildfire protection, including the B.C. Wildfire Service, the office of the fire commissioner, First Nations emergency planning, Emergency Management B.C. and others.
That’s the forum that can address things like building codes and the ability to look at the kinds of structural protection unit issues that the member brings up. They are actively engaged in that conversation at that committee level. Like I say, it’s an all-agency committee, so it’s a very worthwhile place for those topics to be discussed.
When it comes to specifics, there’s the individual, the community and the role of the provincial government. We’re definitely interested in partnerships, with local government and within our government, around building codes and standards for homes in the interface area. There’s a role to play for the individual in the communities as well.
We have the FireSmart program when it comes to individual houses and education and how people can fire-smart their properties. I’m one of them that needs to be doing a lot more of that, for sure.
We’re committed to undertaking this, whether it’s subdivision approval that’s required or other good ideas. We’re going to be working on that — and, again, with input and ideas from members from both sides of this Legislature.
As far as the recommendations for terms of reference for the review that were put forward by opposition MLAs, I already discussed that in a previous answer. Now we’ve gotten to a specific that the member knew hadn’t been addressed or says it wasn’t addressed. Definitely, I’ll take a look into which input was provided into what areas that didn’t make it into the review and determine if they were covered by the review once it comes out.
J. Rustad: Staying on the structural protection unit, how many structural protection units are available in the province of British Columbia?
Hon. D. Donaldson: There are six type 1 units and approximately 25-plus private or local government type 2 units located throughout the province.
J. Rustad: So about 31 structural protection units — I think that’s the number I heard — plus private and local government units that would be available potentially around the province.
The reason why I ask is that during last year’s fire season, there were a number of incidents where individuals and families were told by people working on those fires that there would be these units applied to the residents. In some cases, unfortunately, they weren’t deployed.
Now, I get that in the chaos that was that season and with everybody’s best efforts, these things can happen. But it concerns me when there’s a sense of security or a sense of hope that some of these units may have been applied. One of the questions that we were hoping that the committee would look into was a review of how and why these commitments were made, of the decision-making around deploying the structural protection units out and why, in some cases, of course, there were those commitments and, apparently, they were not deployed.
I was wondering. The structural protection units. Given the number that we have available and given the number that were utilized and the widespreadness of that potential fire, why wasn’t there, I guess, maybe some more consistent messaging with regards to the potential or the challenge in terms of the lack of those kinds of resources to be able to protect homes that were potentially in the line of the fire?
Hon. D. Donaldson: Just for a little more clarification, the six type 1 units that I described that contain about 350 sprinklers and can protect between 30 and 50 homes, each one of those units…. Those are owned provincially. Then, we are able to draw on over 25 private or local government type 2 units throughout the province. Local governments continue to build that capacity.
We also — and we have, last season, as well — import those structural protection units from outside the province. There’s a national sharing program that is well established that each province depends on. So that’s there, and that’s part of what we’ve been able to depend on. For sure, we’re open to more discussion around this, especially as far as what we hear from the Chapman and Abbott report.
The actual deployment of these units is another topic altogether. It’s an operational decision based on a number of factors. It’s dynamic, as the member alluded to. It’s a very dynamic decision-making environment. Sometimes, in order to maintain first-responder safety, which is our priority, the units are not deployed or are pulled out.
J. Rustad: The reason, of course, for asking for that to have been put in the review in question is because…. The tragedy of somebody losing a home or other assets…. They want answers. They want to know why decisions were made and why it wasn’t. I understand that, but in saying that, I also recognize that I know everybody did the best they could through the season. It’s these lessons that, potentially, we can learn from that might be able to help in the future, which is why I asked that question around it. Maybe there will be something in the Abbott and Chapman report.
In any case, with regards to the structural protection units, are there plans in place within the ministry to be able to purchase any additional of these units, and/or is the ministry considering engaging with local governments to be able to provide some financial support to build the inventory of these structural protection units in the province, hopefully never to be used, but in case we end up having another nasty fire season as we did in 2017?
Hon. D. Donaldson: I know that the member understands this, but I should state it anyway. SPUs are just one tool in an array of tools to keep communities safe and people safe and, as the member pointed out, to reduce the risk of damage to property — which, after life, is something that’s very tragic for people and difficult for them to overcome, both financially and emotionally.
Do we have plans to purchase — or engage with local governments with, perhaps, financial support — to increase the number of SPUs? Well, we want to make sure that that’s a possibility, and we’re going to definitely wait for the independent review. That report is due at the end of this month, the end of April. We have to put it in the context of availability. For sure, having said that, we depend on other provinces to fill gaps. We have to put it in the context of: are fire seasons getting worse across B.C. and across Canada, where that availability might not be there when we need it because other provinces are using the resources in their own jurisdictions?
We may acquire more. The possibility is there to provide incentives. We do have the $50 million wildfire resilience fund over the next three years, and we do have the ability to partner with the office of the fire commissioner, who has a major role to play in the acquisition and creation of these type 1 and type 2 units. That’s all something that we’re contemplating. A lot of the guidance, of course — it’s the reason I commissioned an independent review — is that that independent review has gathered much information from around the province about lessons learned in this past season.
J. Rustad: I want to canvass the $50 million, or the $72 million associated with that, perhaps in a short bit, but there are a few other questions I’d like to ask around the review and the process that’s in place.
One of the challenges many individuals had — farmers, in particular, ranchers…. Some of them chose to stay behind — they had equipment or other expertise — to try to protect their property and to be able to help out their neighbours in terms of protecting their properties. I understand fully the first priority — and it should always be the first priority — is life, life and limb obviously, for the fire service in terms of its attempts to protect from wildfires.
In cases where individuals were left behind, there was virtually no support for those individuals. Communications were sporadic, if any. I know that there’s always the challenge for government, in terms of if people are left behind, whether it was people in a First Nation community that decided not to leave or people on a ranch that decided not to leave. There’s the risk that if government intervenes and tries to find ways to support, that government may be found liable in enabling an activity if there was a loss of life. But the end result is that these people are left in isolation, in some cases.
I’m wondering whether the report is going to look at that situation, where people made the choice to stay behind and take risk — whether it’s looking at that or, if the report is not looking at that particular issue, whether that’s something that the ministry is doing a review around how they work through that situation to be able to support those people in a way that could be beneficial in terms of their efforts.
Now, I recognize, when you have such a complex situation with so many people involved and everybody is busy with their jobs, that it’s tough to be able to look at individual needs or even a community, in terms of First Nations. But at the same time, whether it’s even the basics of making sure there’s food or making sure they have accurate information, understanding the risks, understanding the fire behaviour, whether or not there should be some sort of protocols put in place that would better enable those people to be supported in one fashion or another….
Hon. D. Donaldson: This is an area that concerned me greatly during this past wildfire season — when you heard people were staying behind in some situations. At some level, you can understand it, but the worry that that creates, as far as their safety, is really something that kept me awake at night, over the past wildfire season — and, I’m sure, many of our staff as well.
Definitely, communication is a large part of that, and we’re working to improve that. I’m sure that the Chapman and Abbott independent report will have something to say about that.
I guess what I want to say is that the toughest situation is where you don’t want one or two individuals who choose to stay behind compromising the overall efforts of the firefighting. I know that the member reflected on that by talking about how complex it is. We have only a finite capacity within the B.C. Wildfire Service and those that we engage with, and the number one priority is for public safety and the safety of our first responders.
However, I think, we can work to improve the communications. Part of that is building up the relationship in advance. We’re undertaking that already, and we’ll be doing more of that in a preventative manner, in that. We’ve done a lot of work already with First Nations. The member specifically mentioned the farmers and ranchers community. Establishing that relationship early — so that there’s a bit of trust and there’s a bit of understanding of roles — I think will go a long way to alleviating some of the specific issues we faced this past summer.
For me, it’s a matter of balance. We live in a democratic society. In some instances, people exert their right to stay on their property. We’ve got to be able to balance that right with the overall public safety goal and the overall goal of ensuring that our first responders are safe, as well, and not having to deal with risk presented by individuals who decided to stay behind.
J. Rustad: It’s something that I just needed to raise. I recognize the challenges there, but this is an issue that is not going to go away. There is going to be another fire. There will be people that will decide not to obey evacuation orders. It’s about trying to do our best to encourage them to follow an evacuation but — in a worst-case scenario, when somebody decides to stay behind — trying to make sure that there is some way they have accurate information and whatever support could be applied.
I’m hopeful, whether or not there are recommendations in the report, that the minister will consider that in terms of a strategy going forward, in terms of what can be expected, so that people understand, fully, the risks and challenges.
To that end, in particular, last fire season there were some decisions by individuals to stay behind — quite frankly, to protect their home, not just to fight the fire but to protect the structural protection units that were put in place, to make sure that they weren’t vandalized or stolen, as had been the case. There were several cases, I believe, that were reported where that happened in the last fire season.
One of the things that I think needs to be considered, quite frankly…. As you can imagine, if you’re an individual who had — whether it was private or was provided through various ministries and local government — a structural protection unit put in place, you know it’s got 72 hours of gas or whatever the case may be, right? It’s got bladders that were set up in place. It may or may not work.
We do know that for the most part, they’re very helpful in preventing the loss of a structure. But if the pump goes missing or somebody slashes the bladder, then obviously that unit is no longer valid and would no longer be able to provide the protection that a person would anticipate. Like I say, some people stayed behind because they were worried about that. It did happen during the season.
I guess, when you look at it from a criminal perspective, it’s theft under a certain value or over a certain value or whatever it is, or vandalism. But the reality is, if a home were lost and somebody did that, the consequences are far, far worse than what a crime like that would be.
I’m wondering if the minister would consider looking at some much more severe penalties for anybody that might undertake that kind of an activity during a fire season. It’s something that I don’t know whether the Abbott and Chapman report would look at, but it’s certainly something that I think needs to be considered as a strong deterrent, so that when these structural protection units are put in place, there is the expectation that they won’t be targets for vandalism.
Hon. D. Donaldson: Again, there is a natural instinct to want to stay behind and protect your home when it’s in danger, and I fully recognize that. Being from a rural area, I understand it as well. Part of it is also building up trust between individuals who have that overpowering natural instinct and the B.C. Wildfire Service and the relationships there.
I think, overall, I just learned — especially and even more so, this past summer — about leaving it to the professionals. There were a number of people that I ran into — you could see it, as well, on media almost daily — who were able to come to the resolution that material items can be replaced and that in the end, it’s the value of life that is most important.
I think that’s the message that we want to get out there, as well as the fact that, yes, people who are interfering in protection of structures, who are interfering in wildfire-fighting activities, should be prosecuted. Along those lines, we’ve already, since the wildfire season ended, modified fines. In other words, we’ve increased fines for infractions under the Wildfire Act. For instance, if people are disobeying area restrictions, we’ve already increased the fines for that kind of activity.
What the member discusses is a Criminal Code violation. That’s something that needs to be addressed at the Attorney General’s level, but I don’t disagree with him that those kinds of actions, by people taking advantage or just straight-out vandalism, cannot be acceptable and cannot be accepted.
Some of it has to do, again, with…. The enforcement of law and order is made more difficult when people are accessing their properties when there’s been an evacuation order or decide to stay behind. When people don’t leave, it’s more difficult for law enforcement officers like the RCMP to determine who is validly in the area or not.
Those are things to consider, but I don’t disagree. If the Criminal Code changes are part of what needs to be looked at, we’ll look at them, especially in light of the independent review from Abbott and Chapman.
J. Rustad: I’ll leave that for the minister to have a conversation with his colleague from the Ministry of Justice.
Quick question. Maybe it’s not a quick question, but it will be a quick question. Back in the early 1980s, I was fighting fires, and we had a water delivery system back then that really hasn’t changed a lot to today in terms of how we put water on a fire. Obviously, technology has improved in terms of pumps and other such things.
Is the Abbott and Chapman review — as we’re calling it, I suppose, through this process — looking at and taking any lessons that can be learned from the potential of using a mass water delivery system?
Hon. D. Donaldson: I’ll go to the actual question around the Abbott-Chapman review. You can call it Chapman-Abbott or Abbott-Chapman. I think we can interchange the personnel there. They’re both really well-respected and reflective individuals that are heading the independent review.
We didn’t get prescriptive and specific in the terms of reference, but we did have in the terms of reference about the tools — a review of the tools that are used to fight wildfires. Of course, they’re going to respond in their independent report to what they hear from communities, and so if the variety of tools are a topic that communities bring up, then they’ll be responding in their independent review. That’s the short answer.
J. Rustad: Thanks. Another quick question, just to make sure we have it on record. The Chapman and Abbott review, obviously, is coming out soon here — this month, in April. At what point will that report be made public, and will the public see that report in its full extent?
Hon. D. Donaldson: The member is correct. The timeline is for the independent review to be submitted to the Premier’s office at the end of April. That’s the timeline that was outlined when the panel of Abbott and Chapman was commissioned back in November, I believe it was.
Depending on the number and style of recommendations, it might take a little bit of time for a detailed analysis. The recommendations will be made public. We want to make sure, as far as the timeline goes, that the recommendations are made public and the ones that are actionable in a critical manner before the coming fire season are actionable before the coming fire season.
J. Rustad: I understand there will be…. Obviously, it takes time to review and respond in that component. I fully expect that that response would come at some point. You know, it takes some time afterwards. But the question is, I guess, whether the report itself would be released in advance of a response or with a response.
I can wait and find out. It was just one of those things that I just wanted to know and wanted to make sure we get on record. It’s good to hear that there’ll be an expectation that the report will be released and people will get an opportunity to be able to review that.
Contractors over the last season…. There were challenges in terms of the process of being paid. I know a lot of that is the form in which it was put through. If people were more familiar, then that could get it through the process quicker. Then in many cases, there was information that might have been missing and caused delays. And of course, just the overall overwhelming number of contractors that were involved with the fires last year made it challenging for the ministry to be able to make payments in a timely manner.
I would ask the minister whether or not, with that particular component of firefighting and that particular component of the government activities, there are proposed changes in terms of the future and how that will be handled in terms of the ability to be able to submit invoices, the format in which those should be submitted and the timeliness from which those will be processed and payment made.
[R. Chouhan in the chair.]
Hon. D. Donaldson: The member points to a couple of very valid reasons why there began to be a backlog in some of the invoice payments around the volume that was received: an unprecedented fire situation; more than 800 contractors, at one point or another, working on and providing services to the government; and, of course, the number of invoices received — 38,495 provincewide, and 99 percent were paid, to date. We’ve got a few more we’re working on, as of February 2. That’s still just 1 percent.
A lot of those delays have to do with not just the volume but also with verifying. Though it’s a crisis situation, we are expending taxpayers’ dollars, so it’s incumbent on our staff to verify the invoices and make sure they’re accurate. Errors were found, so those had to be sent back and asked for clarification.
What we have learned is that the capacity during the fire season to do that verification, when it is such a large fire season, creates some delay, and it’s difficult. We’ve already discussed with businesses how to make the invoicing process tighter — improvements on their end and our end as well.
One of the parts about adjusting on the fly is that we did recognize, after the fire situation became more severe, that we needed more personnel in the financial and processing, and we did increase the number of personnel there, as an example of adjusting on the fly. The lesson learned there is that if we have that kind of situation where we see the scope and breadth to the same extent that we witnessed last year, then we know the kind of personnel numbers that are required right off the bat, rather than adjusting on the fly.
J. Rustad: Is the ministry considering going paperless in terms of a process to help speed up that type of work that needs to be done?
Hon. D. Donaldson: We want to be as efficient as possible. We’ve already…. Electronic processing was available at the Cariboo Fire Centre. In this world, not everybody has the ability to go paperless. So we did encounter some suppliers and some First Nations who weren’t able to submit electronically or do the process electronically.
But absolutely, we want to make sure that we’re as efficient as possible. We have electronic processing available, and we’ll be working on that to ensure that it’s even better into the future. We want to be efficient, especially for people who are working for us in crisis situations.
J. Rustad: Just a couple more quick questions on fires, and then we’ll move to discussions with stuff on floods, on the flooding situations.
From time to time — and it’s obviously hopeful that these things don’t happen — when contractors are out on the land base helping out in situations like the wildfires, equipment could get lost, whether that’s hoses or other types of things, because of the unpredictable nature of fires. Sometimes that equipment can be compensated or is compensated by the ministry. Sometimes it’s not.
I guess the question for contractors, the question to the ministry associated with contractors that bring equipment to a fire, is: is the ministry considering setting up some sort of insurance program that would be able to better define how companies could potentially be compensated for a loss, if there was a loss, and also provide the companies with some sort of assurance that if there is a loss, these would be the rules that would be in place for compensation for that loss — as opposed to having to go through a process, and unknown whether it would be covered or not?
I hope I’m describing this well enough for the minister. Companies that bring equipment to the table…. If there’s loss of equipment, can there be an insurance program set up in place that would clearly define the rules around how compensation would be applied for any of that type of equipment loss?
Hon. D. Donaldson: I appreciate the member’s question in that, obviously, contractors who are offering up their services want to see a clearly defined process if their equipment gets damaged.
A couple of things. We definitely, obviously, last summer and fall depended on 800 contractors to provide services. Not all of them are directly related at the front lines to firefighting, but a number of them were.
The first point is that it’s important for contractors to have their own insurance. It’s available, should they want it, through private insurance sources. I would suspect that most of them do. When you have a piece of equipment that is worth several hundred thousand dollars, whether it’s a skidder or something else, and you take it to a jobsite, you want to protect your assets. In that case, that’s our first step: personal accountability about the contractor having their own insurance.
If there’s an unforeseen circumstance where there’s an emergency situation, where damage was caused by fire, then we’re always willing to have a look at that situation. That’s the second point I wanted to make.
J. Rustad: Thank you to the minister. Maybe he can just have a look and a review. Safeguard lost about $15,000 worth of hose — which, of course, can’t be insured through private — and was denied compensation with regard to it. There are other stories I’ve heard. That’s why I looked for the question around how those rules could be set out for the future with regard to companies that may have suffered losses.
Regardless of that, one last question associated with the wildfires that I had, for now, is around the workforce. Obviously, the number of contractors that came in was significant, and the process of being able to mobilize contractors was significant. Yet there are others that could have been deployed, but to do training or other certification made it much more challenging for them to be able to get in and to be able to support.
I can imagine that the review that is being done by Abbott and Chapman will no doubt look at and make some recommendations around that. But is there work in place already within the ministry to look at our contractor workforce and to look at ways of being able to strengthen — or, potentially, mobilize quicker — the contractors where a situation might arise again in the future, where they might be needed?
Hon. D. Donaldson: This is an area that I’m quite interested in as well, so it took a little while to look at the different areas. It’s not just one type of…. When the member asks of workforce and contractor workforce…. Yes, we are working on that topic from a number of different aspects.
First of all, for type 2 contract crews when it comes to fighting wildfires, the type 2 requests for proposals will be out quite soon — to have a list of those types of interested businesses who can supply those kinds of qualified people. We do have agreements with the national agency to bring in fully trained firefighters from other jurisdictions when we need them.
We also want to make sure that we have people locally who can be employed as well, so we are reaching out to organizations and local people to make sure that we find those people who are qualified and know about them in advance of the fire season. First Nations are undertaking emergency response training through FNESC. These are a number of levels.
Now, as far as industry goes, we’ve got engagement with industry to develop and to have availability of crews that are properly trained and equipment that’s available, as well as working with all stakeholders — for instance, ranchers and farmers. We’ve begun the process of identifying who has the knowledge and capabilities and the equipment that could be used and how we can track those resources.
There are multiple levels. It’s not just simply the crews. When the words “workforce” and “contractor workforce….” There are a lot of different types of workforce requirements that are needed in an emergency situation like this, and this past year, we were able to fulfil the need that was there. But we just want to get better at it as far as knowing what’s on the ground locally. That’s important for not only knowing what’s on the ground locally but for incorporating the local knowledge that comes along with that into the firefighting strategy.
J. Rustad: I do have some questions around the $72 million. I understand that we might have an hour tomorrow morning, so I want to move on. We’ve got a number of other things that have to get asked. We may or may not be able to come back to that.
I want to move on to talk about water and flooding, starting off with, perhaps, just a very basic question. Then I want to move to a couple of my colleagues to be able to ask some questions, particularly around that situation in the Okanagan.
Given that so far, it’s still accumulating snow…. It has been a cool spring so far. There hasn’t been a lot of melt. I’m curious as to the latest assessment on snowpacks and the risk of potential flooding in areas like the Okanagan or, potentially, other areas — but the Okanagan, in particular, because of the floods from last year.
Hon. D. Donaldson: We just had the latest information come out on our website as far as water supply and snow survey data. So that’s available publicly on the ministry website.
The member specifically asked about the Okanagan. We do have 152 percent of normal snow basin indices. So the snowpack is 152 percent of what’s been an average. In response to that, our water managers have ensured that the lake level can handle some of the spring freshet that’s anticipated. The lake level is 25 percent lower than it was last year at this point. Of course, that means there’s an ability for the lake to absorb spring freshet.
The member pointed out that it’s always a matter of how the snow melts over the spring. I know that if you get warm temperatures with a lot of rain, the freshet tends to be pretty fast and furious. That’s why we have the lake lowered to the level it is.
Anecdotally, I know, in the northwest, even though the snowpack is 72 percent of normal, we had an awful lot in the valley bottoms. In my yard, it’s evaporating without the rain. I was worried about getting flooding basements and things like that. So those kinds of things happen naturally as well.
L. Larson: I’m going to ask a selfish question, of course. I represent Boundary-Similkameen and, therefore, the flooding that is already underway.
We did, as you know, last year experience extremely high water through the area. Testalinden Creek, of course, overflowed, as did many others on their way to the river. The water table, despite a very long hot spell during the summer, did not drop. We started this winter with a water table higher than average.
One of the areas, the regional district of Okanagan-Similkameen, has already declared a state of emergency for the area called Willowbrook. It’s kind of on the west bench above the river channel to the west of Oliver. Already, roads have been washed out, and houses are being flooded. They’ve also got an evacuation alert for what they call the Sportsman Bowl area, which is, again, at the bottom of a ravine — again, down at the bottom of the valley.
I did meet with the local FLNRO staff in Penticton last week. I’m thrilled that the water level in the lake and river is down 25 percent. But before it gets there, it has to go through all of these areas where people are living and residences, and it is causing a lot of damage.
Last year when we had a state of emergency declared for some of the areas with regard to the flooding, people were able to access funding in order to put back irrigation systems that had been ripped out, etc., and repair damage to the roads, their driveways, their homes, etc.
The regional district does have a state of emergency for the Willowbrook area. Will the people in Willowbrook have access to funding to help them to repair the damage that’s being done?
Hon. D. Donaldson: I welcome the question from the member for Boundary-Similkameen. There’s no such thing as a selfish question when you’re representing the interests of your constituents. So thank you for that.
I’ve been following the situation around the regional district’s issuing of a state of emergency. The process there for people to seek compensation is through their local government, which makes representations to emergency management B.C. I understand the estimates for the minister responsible for that have already gone through, so I’d recommend making a direct representation to the minister responsible for emergency management B.C. to make sure that the same provisions would be in place as are available to people throughout the province.
Within our ministry…. I’m sure the member knows, if she’s met with our ministry — as she says, she’s met with our ministry staff — there was a situation where water was being pumped from a lake into this watershed system, adding to the high flows. We’ve issued an order to stop that pumping of that water in order to reduce the flow volumes that people are experiencing.
L. Larson: Thank you, Minister. The water we’re experiencing so far is rain. We haven’t even begun on the snowpack. This has been excessive rain in the last weeks, so I am anticipating that it’s going to get much worse.
Another area that was hit again, as a result of rain in the last week and a half, was the Fairview Mountain Golf Course. The slope above the golf course decided to slide down and cover three fairways with about three to four feet of mud. The slope that the mud came off of was burned with a back burn in 2015 in order to clean up the last of the fires that ran down the Okanagan, and that slope has never been replanted or reseeded, etc.
The Fairview Mountain Golf Course is very well known and, certainly, one of the best courses in North America. It now has three fairways that are buried. Where is it possible for them as a business, not being residential but as a business…? Where do they go to get help? The cleanup will probably be over $100,000, and they will lose a tremendous amount of revenue as well, as a business. I’m at a loss as how to advise them as to where to go for help.
Hon. D. Donaldson: Thank you for alerting me to this event. I have been to Fairview Cellars, so I’ve seen the golf course from that perspective. I’ve never played golf on the golf course. It looks beautiful, though. And, of course, I’m not putting in any plugs, but the wine at that facility is beautiful too.
What I’ll advise the member is that if you can get more information to me, we’ll look into it, and I’ll also take it up with my colleague responsible for emergency management B.C. I just need more information on the situation generally, as well as the back burning information. If you can provide some details, I can look into it in our ministry. If it’s relatable back to wildfire suppression techniques and strategies, then that’s something that we need to look at and determine. So if you want to supply some more information to me, I’d be happy to look into it further.
D. Ashton: Minister, thank you. I did get a notation today about the levels of the snowpack remaining, and it is a concern. I had spoken to yourself, sir, last year about what had transpired in Okanagan Lake. Just quickly, you had said that the Okanagan Lake level is down 25 percent from last year to this…. No?
Hon. D. Donaldson: Sorry. This might help frame your question. Just to clarify, it was 25 centimetres down compared to last year’s level.
D. Ashton: Last year was an exemplary year, but unfortunately, this year it appears that it’s the same. Various ministerial offices and agencies had been working together, and I hope they do the same this year.
Through FrontCounter B.C., I have heard of some concerns about the length of time for permitting for the rebuilding of some of the infrastructure that was destroyed because of the flooding, both personal and municipal. Again, I want to be very clear. I know staff have been doing an exemplary job, I’ll say, but with the amount of damage that has taken place and through this repermitting….
I would just ask the minister, and to the ministries that are represented underneath that, that every consideration be given. It’s not a sense of being prepared for this. There are some substantial losses that have taken place. To be able to allow these folks to be able to replace the damage that has happened not only to their lake structures but to their personal property structures and also to personal property will help to facilitate it in getting prepared for what may again transpire this year. So I would just ask the minister if he could pass that along.
I do want to thank the minister and his particular ministry for helping out with what had transpired last year. Getting to a point of a question is…. Over several days during this period of time when we were allowed to be back in our constituencies, there has been flooding that is taking place in a place that normally doesn’t get it, which is Naramata.
Naramata has been experiencing groundflow situations. One house was substantially damaged, and the property around it was substantially damaged. Through the Ministry of Transportation and, if I remember correctly, the minister’s own ministry, there was some cooperation that took place that allowed a very quick change in the direction of that water. They were able to channel that water away from the House and put it down through another property where there wouldn’t be as much damage. However, it has caused substantial damage on the KVR Trail.
It’s my understanding that that also resides underneath your ministry. What I’m hoping is that we can address the issue that has taken place, because it has literally stopped traffic, which is tourism traffic — people that utilize that trail on a continual basis because of the danger. But what has to be addressed is the drainage now that is not taking place on the east side of the Trans Canada Trail.
With some groundwork that had been taking place up there, there’s substantially more water collecting on the east side of the Trans Canada Trail, which is the old KVR railbed, which is causing great concern to those below it. Minister, is there anything that you, through you or your staff, can say — that this will be taking place as soon as possible?
Hon. D. Donaldson: A of couple things. On the first part of the question around the difficult potential situation your constituents are facing when it comes to the snowpack and the flooding this year and then also the ability for people to recover from last year’s flood situation, I just want to make sure the member knows that we’ve had the recovery team from last year. That recovery team — their term has been extended, and they’ll remain in place until at least September 30 of this year. We’ll have the extra staff that team represents available for this season as well.
Hopefully, that will go some way to addressing people who are still dealing with their situation from last year and potentially see if they have any damage from this year as well. That team includes a temporary staff uplift, as an auxiliary term, for a dedicated natural resource officer, which I know is important for people to make sure that what they want to do is being done properly. So it’s a team approach.
As far as the second question goes, that’s a concern. I mean, like you’ve pointed out, as a person who knows the area well, this kind of flooding around Naramata is something new. That’s a concern, obviously. If we’re thinking about these things in terms of climate change, this is something that we could anticipate happening more in the future, in areas that are normally dry. We’re seeing more extreme weather conditions that create this kind of erosion.
I’m aware of how important the KVR Trail is. I know government supplied — I believe it was — $500,000 on the rural dividend fund to the Thompson-Okanagan Tourism Association to make a plan around that, including that trail. I know how important it is from a diversity of economy and tourism perspective.
We’ve just found out about the situation that you describe, and we’re having our team look at the actual impact, including geotechnical work that might be required. There have been some new developments I think you’re probably aware of, above the actual infrastructure that we’re responsible for, which has caused the issue around drainage.
We’re looking at what can be done. We’re very aware that this is a situation that’s important from a tourism point of view. I commit to keeping you updated as far as how staff are finding the conditions and what can be done to address the blockage — I guess is the best term — and the erosion problems.
D. Ashton: Again, I just want to reiterate, staff in the various agencies have done a very good job. I’m not trying to do a full-court press on them. They’ve been working very well with the residents and working very well with the regional district.
However, it seems to be multiplying now, and I really hope that we’re able to get interagency cooperation, because it’s not only the minister’s ministry; it’s also Transportation that’s involved in this. The issue is spanning multiple agencies, and I would just hope that we can all work together. This early in the year to have this type of damage taking place and this amount of water coming off of the hillsides is exemplary.
Minister, if at all possible, if you could — and you’ve just, again, mentioned that you are aware of this — and if staff can just keep an eye on this. This is on the east side of Okanagan Lake. However, I had a phone call today from the man whose property was affected over this past week or so. He told me again today that the water has increased in its volume coming down. It’s unfortunately now…. Because the flooding had taken the ground soils down to bedrock, now the water is distributing itself in other paths, and it is now coming back towards his property, which is going to be more difficult to deal with than just channelling.
Also, on the west side of Okanagan Lake, in talking to a gentleman yesterday, he has never seen the saturation levels this high. He’s an orchardist that has pine trees around his property that are actually leaning now because the surface soils are so saturated they cannot take the wind because of the leverage of the trees. It’s causing a real concern.
I would just ask if everything possible can be done, one, to ensure that people who’ve sustained damage last year are being addressed, which the minister has brought up. Two is that the damage that took place last year in the high water levels is being increased, because now they are draining the lake down substantially, so you’re getting this undulation in the land. Being a person that has lived on the delta of Trout Creek for most of my life, I haven’t actually seen this type of occurrence take place before where house structures are shifting.
Third, I would just, again, come back to that interagency cooperation between Environment, your ministry, sir, and Transportation to keep an eye on this — and emergency prepared B.C. We are probably going to need…. As my peer from the South Okanagan has said, people are just exhausted down there already for the sand-bagging that they’re having to take place, so we just need to look at this.
Again, more of a statement, but if the minister’s ministry would really keep an eye on what is transpiring in the Okanagan at this point in time.
Hon. D. Donaldson: Thanks for that, and thanks for highlighting it in the chamber here. It gives it that added spotlight, so I just want to thank the member for doing that for his constituents. I will definitely make sure that the Minister of Environment and the Minister of Transportation are aware of the situation.
D. Ashton: Thank you, Minister. I greatly appreciate it and the attention that your staff has given it to this point. So thank you.
M. Bernier: I appreciate that. I don’t think my colleague’s thank-you required an answer from the minister, so I’ll jump up now.
First, I’ll apologize to the minister. Typically, when I have a question of this nature, I usually like to give a heads-up for him and his staff to try to get an actual factual best answer possible, so my apologies. As was mentioned, with the constituency weeks we’ve had, certain things come up that sometimes we take the opportunity, as the minister knows. After being on the seat on that side, I appreciate the stamina that’s required for what he’s going through and thank him and his staff.
Since we’re talking about floods, I want to bring something to the attention of the minister that might not have come across his desk yet and which I feel is quite important. In 2016, we had a big flood up in the Peace region. It hit mostly in the South Peace. The majority of it was around the Chetwynd area and in Dawson Creek. We had 280 roads and bridges washed out — a huge impact in the area to a lot of families that were evacuated out of their homes. Properties were lost, devastated.
I know the minister, being from the north, can appreciate that sometimes we feel that we don’t get the attention that’s due when we have large events like this — that if they’d happened in other parts of the province with media, etc., it would get more recognition.
I have one particular family that I really wanted to bring to your attention and that I’m hoping you can follow up. I know that I can’t necessarily get a full commitment on the details today. Again, in 2016, when we had the flood, we had one area west of Chetwynd where the highway was completely washed out. It also took out the CN tracks as well over a couple of creeks. Typically, this time of year, they’re dry. Middle of summer, they’re typically dry. It’s usually just springtime that they run, but this was an extraordinary event where they all flooded and actually washed out the highway.
Where I wanted to go with this was…. Your ministry at the time, when we were in government, put $2 million forward, approximately, and helped out in that devastated area to fix the creek beds to try to make sure that if there was ever a runoff or a flood again that the water would hopefully stay within the corridors rather than breaking the banks. There was a lot of work done within the Ministry of Transportation’s right-of-way using the money from FLNRO to repair those affected areas. What we didn’t do, though, was the private areas, and this is where I’m going with this one.
We have one family that was devastated with this, where the highway, the culverts, CN track wing, their railroad ties, ended up in this person’s yard, about five feet deep.
Interestingly, the only thing that survived was their house. Even though it was full of water to the basement, they were able to pump that out. Their yard was completely devastated.
They were told at the time that all of the money was actually going to be going towards fixing within the government’s rights-of-way of the highway, and nothing at that time was going to the family to clean up or to at least help with the devastation in some way.
I know this is a bit of a long lead-up to the question, but you can appreciate, for this family, the devastation now, where they’re dealing with all of this. Infrastructure that was provincial or CN’s infrastructure is now on their property. What I didn’t add to that was that this property behind them was actually an oxbow. It was a lake and part of a river in some areas. It is now filled in, and we have an environmental issue because we have all of these railroad ties, etc., now in what used to be a lake.
What I’m asking, through your ministry, is: where is our role as a government to actually step in and help people? At one time, we were told: “No, this is private property.” But at the same time, we’re telling this family, “Well, you can’t touch that area, because it’s actually oxbow and river,” even though it’s within the parameters of their property. We’ve left an environmental disaster looking out their back window.
I’ll share pictures and more information with the minister later, but maybe he can explain to me what he feels the provincial role is, in a situation like this — not just, necessarily, to help this family out, but to deal with the environmental issue that’s now their backyard.
Hon. D. Donaldson: Well, I appreciate the context — that you get home to a constituency for a number of weeks and you’re able to hear about issues and get updated on issues and that you didn’t necessarily have the ability to get this topic in front of me. I know that the member has brought these topics up with me on an individual basis, which I appreciate.
I am going to say that there are rules for emergency management B.C. in situations where there are impacts from natural disasters, natural causes. There are also roles for our ministry and the Ministry of Environment, where private property owners are faced with environmentally sensitive conditions.
I’m talking at a very general level because I don’t have the details yet. Then there are situations where families and private land owners…. If they had insurance, were they rejected by EMBC during the process for compensation because it, perhaps, was an insurable loss?
I don’t want to paint any of the situation that the member describes as perhaps falling within these parameters. But what I will say is: please get the details to me, and I’ll look into it, as far as forwarding the pertinent stuff to the minister responsible for EMBC and looking at the pertinent parts that my ministry could have a role to play in.
M. Bernier: I will take the minister up on that offer. I know you can’t give a lot of details right now. In this situation, the family was evicted from their home, basically, because of the flood, for 30 days. EMBC did help them in that aspect.
What I’ll be bringing to you is the fact that the issues and the devastation they have right now is not covered by insurance. It’s not covered by EMBC, and it’s been a year and a half, two years now. This is actually a government issue, because they are told that they can’t actually go in to what used to be the oxbow and the creek to do any of the cleanup themselves, yet it’s within the parameters of their property, and they’re having to look at and not only deal with that environmental issue.
I thank the minister. I will put together a more robust document explaining that and look forward to an answer and follow-up to that, then.
J. Rustad: We’ll move away from floods and start to have a little conversation here about wildlife and wildlife management.
There’s so much more that we could cover, but I know we’re going to be limited in terms of time, so I want to try to make sure that we get a few conversations on the record, starting with the $14 million spending envelope that the ministry has — $1 million this year, $3 million next year and $10 million in the following year, I think it is. Can the minister describe what the goals of that money are over the next year or two?
Hon. D. Donaldson: I really appreciate that we’re moving into this topic area. It’s something that is of high interest to myself and, of course, many other people in rural and urban areas around wildlife management.
I’ll start with a real general answer because I know we’re going to spend a bit of time on this. The $14 million over three years is to support engagement, development and implementation of a new wildlife management strategy for British Columbia.
J. Rustad: Specifically, I want to ask around…. I know it’s $1 million this year and $3 million next year. It’s three years out, and there are a lot of information gaps. There are challenges around wildlife, particularly declining moose populations and other ungulate populations.
How much money is going into inventory work around ungulates in particular, in those areas where we have significant declines?
[L. Reid in the chair.]
Hon. D. Donaldson: The member is right; it’s quite exciting. It’s an uplift in the budget for wildlife improvement and habitat conservation of $1 million this year — year 2, $3 million; and year 3, $10 million.
The question was inventory. There’s ongoing inventory work happening within the ministry, just as part of the regular work of the ministry under the current budget. We’ve got species-at-risk inventories undertaken this year and in the next couple of years. We have regular wildlife and fish inventory work over the next three years and moose inventory work, as well, over the next couple of years. That work is ongoing.
What we’re talking about here is an uplift. In the first year, we’re going to look at a broad engagement and a planning process with numerous stakeholders. Now, that might result in some additional inventory and habitat work. But we want to get the plan in place and do a good, broad engagement first. And then years two and three will especially see more investment in the inventory end.
J. Rustad: One of the reasons I asked about inventory to start with is, of course, there’s been some concern about levels of inventory. In particular, up in the northwest, the Tahltan undertook an additional review in partnership with a number of others. They produced quite a lengthy report, about a 103-page report, on this stuff. The review was then provided to the ministry staff that then went through the report and ended up producing a 40-page report that came from that.
I guess the question is: why the difference between the report that the Tahltan produced and the ultimate report that was released from that from the ministry? And this is a direct question that came from guide-outfitters. How does that discrepancy between the two reports build confidence in the information and inventory work that has been collected on moose, particularly up in the Tahltan territory?
Hon. D. Donaldson: We are actively involved, as we speak, with the chief negotiator on behalf of the Tahltan on a wildlife management plan in cooperation between the Tahltan and ourselves, as the province, on a government-to-government basis.
As far as the whole intent of the engagement, development and implementation of a new wildlife management strategy, it’s to prevent the kind of situation that the member describes in data sharing, so that both First Nations and the government have trust in each other’s data if, in fact, that was the cause for the discrepancy in the reports.
Now, as far as the discrepancy in the reports, I can speak to that. We have another staff member who might be able to be a little bit more informed on that. But what we’re working towards through the new wildlife management strategy is to actually have a collaborative, shared decision-making based on a shared information approach that will alleviate the discrepancies that the member described.
J. Rustad: So the process that you are going through in terms of this new model, the collaborative model…. I’m wondering if the minister can confirm that there will be several opportunities for input; that this input, of course, will be shared; and that it’ll be accessible by people to be able to review and see this information and what other people are putting in as it ultimately builds towards this new model. Can the minister just confirm that will be the case?
Hon. D. Donaldson: The short answer is yes. There are going to be multiple opportunities for engagement between First Nations and other people who have a great interest in wildlife management in the province.
J. Rustad: It’s good to hear the level of openness and transparency that will be throughout the process of, ultimately, determining what direction that will go.
I find it interesting in that there was a very political decision that was made, obviously, in terms of the cancellation of the grizzly bear hunt. There was a significant impact on, particularly, the guide-outfitters, but to some resident hunters as well, with regards to that.
There was a review process that that went under, to my understanding, where there was a significant number of input that was provided on line prior to the minister making that decision. In some reports, I had heard that there were as many as 4,200 inputs that were done prior to the decision on the grizzly. Yet when asked, none of that input was made available or made public for people to be able to review.
Can the minister explain why there wasn’t that same level of transparency when the review was there for the decision that led up to the ban on the grizzly bear hunt?
Hon. D. Donaldson: A few things there. Yes, it was a very successful, from a participation point of view, engagement process in the fall. A high-level summary was made public of the comments.
There are concerns about privacy and information issues. That’s why every submission wasn’t made public. We’re working on cleansing those submissions of that kind of information — the private and sensitive, even perhaps proprietary, information. Then we will be releasing a document that has more than what was in the summary but protects people’s privacy and information issues. That’s been something we’re doing proactively.
Just so the member knows and the public knows, the process we’re embarking upon now with the new wildlife management strategy, through our engage B.C. site…. When people make submissions…. We’re modernizing that site, so there’ll be the ability to provide a disclaimer so that information submitted can be released publicly in that process.
J. Rustad: Does the minister’s philosophy or direction with regards to wildlife management…? Does he believe that wildlife management should be based on the best science available?
Hon. D. Donaldson: Absolutely. Decisions about wildlife management should be science-informed, and I would hope that the members in this chamber would also acknowledge that traditional ecological knowledge is a form of science that needs to be considered in decision-making. Social values also have to be accounted for when making decisions on a science-informed basis.
J. Rustad: Because we don’t have enough time, I won’t bite at that. That could be a lot of fun to go down the path in discussion, but perhaps that’ll be for an estimates coming again soon.
Regardless of that, there was a very political decision made. It wasn’t based on science. It wasn’t based on the realities out on the ground. It was based on other values. Governments can make those decisions. That’s fine. But there are people that have been impacted by that decision around grizzly bears and the decision to stop the harvest opportunity or the management of the grizzly species through hunting.
Those that were impacted by that…. Of course, predominantly, the ones that will have the financial hit are the guide-outfitters. At the guide-outfitters AGM, I know the ministry staff did their best to be able to answer questions, and I respect that they were there. But they didn’t have the answers that were needed for many, many questions and one question in particular, which is: will the ministry be providing compensation to guide-outfitters that have been impacted by a political decision to stop the harvest and stop using hunting for the management of grizzly bears?
Hon. D. Donaldson: I’ve met with the guide-outfitters. It was even maybe a month and a half ago on an informal basis, but I’ve heard their concerns. We’re still engaging with this process around transition, and we’re gathering all the information. So I think it’s premature at this point to talk about the specifics of how the government can provide assistance in transitioning as a result of the loss of the grizzly bear hunt for guide-outfitters.
It definitely has impacts, and we’re in touch, in this process, with many of the guide-outfitters, if not all, who have been impacted to determine those impacts. In my discussions with guide-outfitters, I wanted to make sure that they have a broad understanding of transition and that they convey their transitioning needs to us. All that’s in the works now, and we’re engaged with the guide-outfitters in a major way on this.
J. Rustad: Managing species based on the best science available is an important component to wildlife management across the province. An important component is being able to manage all species, not just those that are desired for harvest by resident hunters, by First Nations and others, such as ungulates, but also predators.
To the minister, is the ministry planning to continue or expand management of predators and the challenges that predators have, particularly, on not just species at risk but on other species that are in decline in terms of populations?
Hon. D. Donaldson: I agree that we’re part of the ecosystems in which we live. We have an impact, and we need to manage for all species.
There are many elements to that. Whether it’s habitat, whether it’s different other uses of the land base where we have to consider other species when we’re endorsing and permitting other activities — extractive activities, for instance — managing predators is also a part of managing wildlife. We can’t ignore that we’re part of that system and that when we manage one species, we might have to manage another.
Now, the parameters are something else. Especially when there’s an Indigenous hunt that’s at risk, then we might use predator control techniques, such as hunting and trapping, to control predators. But it’s based on inventory work, and it’s based on really specific situations that we gather data on to have the predator management aspect.
J. Rustad: Hon. Chair, at this time, I want to turn the floor over to my colleague from Cariboo-Chilcotin to ask a couple of other questions along these lines.
D. Barnett: The predator management control program has been going on for some time. It has partially been funded by the Ministry of Agriculture and partially funded by Forests, Lands and Natural Resources in the past. This year the Ministry of Agriculture has put $300,000 into it. Will the Minister of Forests, Lands and Natural Resources be topping up the necessary $150,000 to make this program a success?
Hon. D. Donaldson: I believe the member is referring to the livestock protection program. I can confirm that it’s been run on $250,000 a year for the last three years. The ranchers and, specifically, the Cattlemen’s Association have asked for an increase in that budget. I’m just happy to confirm to the member that that will occur. We are contributing $180,000 out of this ministry — more than the $150,000 that the member referenced — and the Ministry of Agriculture will be contributing $120,000. So it’ll be $300,000 a year. That’s an uplift from the previous budgets, which was $250,000 a year.
D. Barnett: If I hear correctly, the Minister of Agriculture told us in estimates that she was putting $250,000 to $300,000 into the program. Are you adding an extra $180,000, or is the whole program going to be $300,000 with you contributing $120,000 and she $180,000?
Hon. D. Donaldson: I can’t comment on what the Minister of Agriculture said during her budget estimates. What I can confirm to the member is that the total budget is $300,000. The ministry I represent will be contributing $180,000, and the Ministry of Agriculture will be contributing $120,000.
D. Barnett: So the program will be…. Is that over one year, the $300,000?
I have been engaged in this program for many years, and extra funding, I know, has been asked for. If the whole program is only $300,000, this program will not be a success. Will the minister take another look at it — if it’s necessary to add more funding to make this program the success it has been in the past?
Hon. D. Donaldson: I want to point out to the member that we listened to the Cattlemen’s Association and have increased the budget from $250,000 to $300,000 a year.
I’m happy to hear that the member thinks that the budget should have increased in previous years, and I hope she’s happy that it’s increasing now under this government. And it’s a three-year time frame. Just to help clarify, it’s three years at $300,000 a year.
D. Barnett: Thank you. I never indicated the past budget was not sufficient. The past budget worked, but as time goes on and the program needs to be expanded due to wildfires, with more predators…. We all know that the wildfires created many problems we didn’t think would be there.
I have one more question for the minister. Back to hunting regulations. After the wildfires last year, of course, there was a lot of damage done to the landscape, to the animals. Most of your hunting of moose in region 5 was cancelled. There was a lot of hunting that was not allowed. Of course the guide-outfitters throughout the whole region 5, 1 to 14, have been totally desecrated not just by the wildfires but by the hunting being restricted, by the grizzly bear hunting being stopped.
As my colleague asked, for a lot of these people are in my region who are devastated financially both from wildfires and from the decision of the ministry to stop the grizzly hunt…. Is there going to be specific compensation for more than just the grizzly bear hunt being cancelled and for these guide-outfitters who have lost every single thing there is over the past year — not anything to do with issues that they have created but by Mother Nature and by cancellation of the grizzly bear hunt that was not done with science?
Hon. D. Donaldson: I just want to acknowledge the importance of guide-outfitters in the member’s region as well as the area I represent and around the province. They provide valuable contributions to the economy and also are stewards of the land. They are often eyes and ears on the ground for keeping most up to date on the health of species. I just want to acknowledge that, first off.
As far as the impacts of wildfires on guide-outfitters in the region the member represents, we are engaging with those guide-outfitters. We’re asking for specific impacts that occurred, and we’re awaiting information back from the guides on how they were impacted.
There is relief for small business and businesses impacted by wildfires. That initiative is being led through the ministry I represent from two aspects. One is through the rural development branch that we have, which is leading the conversation on relief for small businesses that guide-outfitters could be part of.
Of course, on the economy side, we have responsibilities both in the land-based recovery and the economy-based recovery, and the Red Cross has some ability to provide relief for small businesses on that side from those impacted. So there’s lots happening as far as the approach taken with guide-outfitters.
I’ll just reference the answer I gave previously to the member. We’re engaging with all guide-outfitters in the province around impacts, not only those around the wildfire but decisions made on the grizzly bear hunt, and discussing with them transition programs and other forms of assistance.
D. Barnett: Thank you, Minister.
Minister, those programs that you’re talking about that you’re engaged with, with the guide-outfitters…. Is there any public documentation on this, or is there information that I could possibly get a hold of to see what, actually, the program is and what it is going to provide them as compensation at the end of the day?
Hon. D. Donaldson: There are many aspects to the question that the member posed, so I’m going to go through a few areas. I want to reiterate: we’ve asked for documentation from the guide-outfitters impacted by wildfires, on their losses. We’re awaiting that information so that we can have further discussions with them, but we’ve got to get that information first.
As far as the public documentation, well, I think the member knows about many of the avenues that business owners — a guide-outfitter is a business owner — can access, as far as those impacted by wildfires, one of them being through the Red Cross program. If a guide-outfitter needs information about that, obviously, if they have website access, there is that access, but they can also contact our rural development representative in their area, and they can be helped to walk through the process, as well as through FrontCounter B.C. So there are many avenues for that access.
There’s a number of other land-based programs underway. The member will be aware that we had a $22 million uplift in recovery from wildfire, for land-based recovery. So we’re very interested in hearing from the guides around their input on that, because we want the land base to recover in a manner that enables them to have future opportunities for hunting, for conducting their business.
There’s a lot going on at once. That’s just an example of a few areas that we’re engaged with, on the guide-outfitters.
D. Barnett: Just one more question, Minister. Region 5 hunting, in this hunting season coming up — is it going to be allowed or not?
Hon. D. Donaldson: Thank you for the question. These are important questions regarding an activity that’s definitely part of the DNA of people who live in rural areas and is for all sorts of purposes — for food, for recreation and just for enjoyment of the landscape.
The decision about hunting in region 5 is coming up. We did conduct inventory surveys this winter. It’s an area the member knows well — and knows well that it was impacted heavily by wildfires. So we’re taking those inventory surveys and the assessments that were done, discussing with First Nations and stakeholders in the area, and shortly, the limited-entry hunt decisions will be announced, and then the general regulations will be published at the end of May.
J. Rustad: I want to touch on species at risk and a little bit of discussion with regards to that. I understand that the Minister of Environment is leading an initiative to look at a made-in-B.C. response or initiative. Having said that, obviously there are many steps and many things involved with Forest, Lands, Natural Resource Operations and Rural Development.
Specifically around caribou, caribou management and caribou recovery in the various regions of the province, is the ministry still engaged in developing and promoting the work that they were doing associated with recovery and management to the federal government as a response to try to prevent the federal government from its application of SARA, the species-at-risk legislation?
Hon. D. Donaldson: This is an important topic not only for biodiversity but for all the other impacts that ensuring that we have sustainable caribou populations into the future have on other values on the land base. I know that the member was at the Council of Forest Industries annual convention in Prince George, as I was, last week, and it was an important topic.
Yes, we are working and remain fully engaged with the federal government on this issue. We don’t want a section 80 order — I believe it’s section 80 — under the Species at Risk Act, the federal act, to be implemented by the federal government, which means we lose much control of the management activities. They are only able under the Species at Risk Act to consider habitat considerations. We are able, in our process, to consider more than habitat, but social and economic implications of managing a population for sustainability.
We are continuing to be fully engaged with the federal government. We have recovery actions that we’ve been implementing with caribou — a wide range of them. I can get into it a bit more later if the member likes. We’re stepping up our actions. We have allocated $9 million to work on that.
We’re also working with the federal government on a section 11 agreement under the federal species-at-risk legislation, which would apply to the central mountain group of caribou. Essentially, it would allow the federal government to devolve the management of that listed species to the provincial government on the understanding that they have endorsed our management techniques.
Those are the kind of things that we want to get done, because we understand the implications of not getting it done.
J. Rustad: Yes, this was a topic much discussed, both for the minister’s panel as well as throughout the Council of Forest Industries conference AGM in Prince George this past week. I’m encouraged to hear that the work that we had initiated is carrying on and the work is being done to show the federal government that we’re doing our best to be able to manage the species.
The question that comes to mind in doing this work — it was extensive work, and I understand the money, the finances that are being allocated towards it — is: why, then, the need for a legislative approach to species at risk rather than the continuum management approach that the Ministry of Forest, Lands, Natural Resources Operations and Rural Development has been undertaking?
Hon. D. Donaldson: That’s a question that should actually be posed, as well, to the Minister of Environment, since the provincial species-at-risk legislation is part of his jurisdiction and mandate letter. But what I can add to that, because we’re linked on this in many ways, is that we want to be proactive.
We don’t want to have the uncertainty of always being at the vulnerability of having the federal government make decisions that might impact our multiple values in negative ways. So we want to get out ahead of this. We want to be able to have the ability to control the process in B.C. Rather than sort of take an ad hoc approach and wait all the time for the federal government and then perhaps have to try to make arrangements under a section 11 agreement, for instance, that may or may not be successful, we want to be the primary managers of wildlife and species at risk in this province. That’s why that legislation is being contemplated.
Before I note the hour, because I’m getting an indication from the Chair about that, there are a couple of points I want to make in clarification. Perhaps what I’ll do is I’ll make those points of clarification tomorrow. We’re continuing tomorrow. That will give me a better chance to have a synopsis on that. I’ll defer to the Chair, to possibly address another question.
J. Rustad: Because we’re in the big House, of course, we can extend a little bit longer than if our estimates were in the little House. We would have had to wrap up by now.
I’ve just got a couple more quick questions I want to try to get in on species at risk, if I may. Then tomorrow we’ll go into a bit of a mixed bag. I apologize. It’s going to be a number of things on forestry and natural resource operations that we’ll need to get into. We may get wrapped up by noon tomorrow. We’ll see how that process goes.
In particular, my concern is this. As I’m sure that minister probably knows, there are obviously very significant differences between how you manage a species like caribou in the northeast versus the southeast of the province, how you manage for these various components. So the strategies that are implemented may be different. The strategies that you work on to try to convince the federal government, on their legislation, not to take that punitive action…. Or not to say “punitive” but, I guess, engagement. Their action could be different and very serious.
My concern is a legislative approach…. I’ll potentially get an opportunity to ask the Minister of Environment this, because their estimates look like they might go longer than our estimates. Regardless of that, I’m worried about a legislative process being a one-size-fits-all, as is what often happens with legislation, which then would create some flexibility problems in various areas of the province.
To that extent, does the minister share that concern about the flexibility that’s needed for the specific examples of challenges that we have in various regions of the province?
Hon. D. Donaldson: Of course, I legitimately would like to encourage the member — if he can’t be there in person, then through one of his colleagues — to ask specific questions, about the species-at-risk legislation that’s being contemplated, to the Minister of Environment.
What I would say at a general level is that we are in, and the minister is in, a consultative process to determine what the legislation will entail. If flexibility is an issue, those are the kinds of comments that I would anticipate would come up at the engagement sessions.
Putting that aside, managing species at a geographic level…. Yes, I agree that sometimes, depending on the location of the species, different management approaches are required. Sometimes a species will be managed differently depending on the numbers and depending on the location and the health of the population. I agree with the member on that aspect.
J. Rustad: A quick request and then a question, hence the reason for two more.
The request is pretty straightforward. That is that there’s a current stakeholder engagement for caribou recovery and species-at-risk wildlife and habitat management that’s going on, starting tomorrow and for the next couple of days, at the Wosk Centre. There are various groups that have been invited. The ministry plays a prominent role through this engagement that is at the Wosk Centre starting tomorrow. I’m curious as to if the ministry….
I don’t need this, but if you can provide to me in writing who is invited, the various representatives of the groups that have been engaged with regard to this dialogue that’ll be going on — I’m assuming that’s leading in towards the potential for legislation — and whether or not there will be a summary of that dialogue that’ll be made publicly available. I’m not looking at that as a question, but if you can provide that back to me either tomorrow or in writing, that would be good.
I’ll end my last question on a little more of a political note, because I think it’s a question that was posed at COFI, but I don’t think it ever got an opportunity to be asked directly to the minister. That is specifically around SARA and the response.
Both Quebec and Alberta have announced that they can’t afford to protect the herds because of the socioeconomic impact, and creating the cost of that to communities and to them as a province is untenable. Because of that, of course…. They’ve announced that to the federal government, and they’re obviously working on strategies as well. They’ve put the federal government on notice that they can’t go where they want to go because of socioeconomic values.
The impact, potentially, to British Columbia of section 80 of the SARA legislation could be much more significant than what it is to Alberta and to Quebec. I guess the question is: will the minister look at a similar position for British Columbia to be able to protect the values in the rural communities and the people that are dependent upon those industries?
It’s not, of course, to ignore the issue — obviously, there needs to be the work and engagement — but to join Quebec and Alberta in terms of a statement of those values that are going to be important for British Columbia in terms of managing the caribou.
Hon. D. Donaldson: I’ll provide a very short answer because I know everybody’s anticipating the end of this debate. Well, it’s not the end of the debate but prolonging this debate till tomorrow.
I believe Quebec and Alberta are risking a lot. They’ll be subject to a section 80, and they’ll lose control. I think they’ll lose control, and it could have severe consequences to them. We’re working a collaborative effort with the federal government in order to avoid that. That’s the approach that we’ve been talking.
With that, I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:26 p.m.
The House resumed; Mr. Speaker in the chair.
Committee of Supply (Section B), having reported progress, was granted leave to sit again.
Committee of Supply (Section A), having reported progress, was granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow morning.
The House adjourned at 6:27 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of Supply
ESTIMATES: MINISTRY OF ENVIRONMENT
AND
CLIMATE CHANGE STRATEGY
(continued)
The House in Committee of Supply (Section A); S. Chandra Herbert in the chair.
The committee met at 2:47 p.m.
On Vote 22: ministry operations, $133,949,000 (continued).
P. Milobar: It seems like forever ago that we were last here, but I guess it’s been the three weeks. I’ll try to keep soldiering along here with the minister’s answers.
First off the bat, just a couple more localized questions, I guess, for my own riding area around the Clearwater parks that have come up with a couple of public meetings I had.
I’m wondering if the minister could clarify some timelines for people around the Wells Gray Park in terms of where it stands, where it stands moving forward in terms of potential works done in the park and what the community can expect in terms of local engagement.
Hon. G. Heyman: Thank you to the member for the question. As the member knows, we have a five-year capital plan for Wells Gray. We would be happy to provide the member with a detailing of what aspects of the work will be up first. We can do that in writing if that’s acceptable. Otherwise, we would need to gather the details that we don’t actually have in the room with us today.
With respect to local engagement, we’ve been working with the town of Clearwater, trying to arrange a multi-agency meeting with local residents on wildfire preparation, recovery and park management, and would expect that meeting to take place in about four weeks’ time.
P. Milobar: Thank you for that answer. I’m sure in writing would be fine. It would be an easier way, probably, to make sure the same information is being relayed to the local people as well and everyone’s on the same page. That sometimes is the frustration. They think they’re hearing two different things. So that would be appreciated.
In terms of the overall calculation or assessing works and the justification for level of works, there has always been a concern that parks tend to get judged based on what economic activity they generate. In the case of Wells Gray, that concern is magnified because there’s a feeling that although the park, within the park boundaries itself, doesn’t necessarily generate huge dollars in terms of economic benefit to the provincial economy and to tourism and all of those issues, if you factored in what happens within the township of Clearwater and the surrounding outlying areas with their tourist-based operations, that would change the economic impact of the park greatly.
Will Wells Gray Park have that broader base of economic operations taken into account as the justification starts to come into play on how to allocate capital resources within parks?
Hon. G. Heyman: Thank you to the member for the question. First of all, with respect to our capital asset program for parks, we work with a number of set criteria, not just one. Foremost among those, although they’re not the only ones, are public health and safety — ensuring that infrastructure that is in need of repair is repaired on a priority basis and ensuring accessibility to parks.
Insofar as economic benefit is part of the criteria, and it’s certainly not the foremost one, certainly the impacts on the surrounding area to the park would be part of that calculation.
P. Milobar: Thank you for that, Minister. I’m going to turn the floor over to my colleague from Penticton. He has a couple of questions for you. We’re not 100 percent sure if it’s you or FLNRO. Since FLNRO estimates are going on now, too, it might be partly both of you.
D. Ashton: Minister, last year the Okanagan and surrounding areas experienced a terrific amount of flooding. There were issues with drawdown on the lake because of an excess of rainfall — a period of time that took place during the spring.
[J. Rice in the chair.]
My question to yourself and to the ministry is: are we doing our best this year to address it? We’ve had signs of an increase in water content coming off of the hills because of ground saturation and the snowmelt. We’re expecting higher temperatures very quickly.
We just want to make sure, not only for the area that I represent but for the whole Okanagan region and heading south to the international border, that we’re doing everything possible to adjust lake levels to ensure those catchment basins are there to adequately hold the amount of water that is coming down, or tentatively coming down, without the combined effects of the multi-million-dollars worth of damage that was incurred last year by many residents, not only along the lakefront but beside it and on the preceding hillsides.
Hon. G. Heyman: Thank you to the member for Penticton for the question. Forests, Lands, Natural Resource Operations and Rural Development is the lead agency on the particular issue and the decision-making about how to protect against flooding and drawdowns of lakes. Having said that, we work quite collaboratively with them.
The climate monitoring that we do in the Ministry of Environment and Climate Change Strategy would do things like look at…. We do snow surveys. We take data and put that into the river forecast centre. That is amongst the information used by FLNRO to make these decisions.
We are putting new resources into water monitoring as part of the 2018-19 budget, so that will certainly assist. In addition, we monitor flooding in parks and protected areas, and members of the conservation officer service will assist, when needed, if there’s an emergency, as well as in looking at what’s actually happening on the ground.
The information ultimately feeds into FLNRO, and I think more specific detail about what they may be planning to do could be gained by asking those questions of Minister Donaldson.
D. Ashton: Thank you very much. I know that your ministry is responsible for snowpack levels, and it has been an extraordinary year in not only the Okanagan but in the Similkameen for these snowpacks.
I would just ask that…. Interministerial cooperation will make a big difference. We were caught last year, and we don’t need the same again. I cannot emphasize the amount of damage that took place and that is actually still being reported as lake drawdown level comes down because of what the ground base did and the shifting that took place with the incredibly high water.
Minister, thank you very much, and I will take up my other comments with the other ministry. And before I go, if I could just pass along not only to the senior staff here but to the staff that I have the opportunity to work with in the Okanagan…. They are always there at the beck and call of not only people like myself but, specifically, the citizens. And it always appears that when there is an issue, they’re always front-line and doing their best to ensure that some form of resolution can take place.
If that can be passed along to the individuals that man the offices in Penticton, it would be greatly appreciated.
Hon. G. Heyman: Thank you to the member for that recognition, for putting it on the public record. It will certainly be expressed to ministry staff in the area. They do a fantastic job. It’s often a hard job, and it’s great to have that recognized. Thank you very much.
P. Milobar: I’m just wondering. In the last little while, a couple constituents have raised the concept around a carbon fee dividend. I hadn’t really heard much of it previously, but it was apparently in the Green platform. I haven’t looked to see and double-check on that, but it is a fairly growing movement, apparently. I’m wondering if the minister is familiar with the idea of a carbon fee dividend as it relates to carbon tax.
Hon. G. Heyman: To the member, yes, I am familiar with the idea of a carbon fee dividend. It’s sometimes called…. It goes by a number of names. It’s one of a number of forms of ensuring that revenues from a carbon tax or other forms of carbon fees are returned rather than go into general revenue.
In fact, while not adopting the model that’s generally called fee and dividend, we’re adopting a variation of that that focuses on rebates of the carbon tax to assist low- and moderate-income people. It will be based on a graduated scale that reflects the income they make.
In addition to that, part of the incremental carbon tax revenue will be targeted for rebates to emission-intensive industries to, as we’ve discussed previously in estimates, lessen their exposure to unfair competition. That’ll be based on both assisting them and monitoring their success in lowering their emissions towards an ultimate goal of world-leading standards.
P. Milobar: The model that was presented to me was similar to that. However, it would have no rebates going back to industry at all. It would be strictly a fee, a dividend, returned to every resident of British Columbia once a year.
If I’m hearing the minister correctly, there’s no move within the ministry to go down that road in terms of restructuring the carbon taxes and the redistribution of the carbon taxes to that level. It’ll be the standard income-based thresholds, as we’ve seen with those slight changes to the low-income thresholds as well as the trade-exposed industry.
Hon. G. Heyman: That is essentially correct. We are taking the model of rebate that was initially targeted only at low-income people by the Gordon Campbell government, in 2008, but which, over time, failed to give the same level of protection to low-income people. We’re modifying that. We’re upgrading it so that both low- and moderate-income people get rebates.
In addition, as I said, we’re dealing with industry. But we are, of course, as government, taking a number of other measures to increase affordability for British Columbians, such as a universal, accessible child care program and dropping Medical Services Plan premiums.
P. Milobar: Over the last several weeks and, certainly, even around an hour ago during question period, we heard a referencing that there should be another refinery in British Columbia. That talk seems to have been increasing over the last short while. Certainly, the Green Party has been advocating that for quite some time, and there’s obviously a confidence and supply agreement connecting the Green Party and the NDP, enabling the current government to exist.
I’m just wondering. Have there been serious discussions with the minister, with industry or within government around location or trying to site a new refinery in British Columbia?
Hon. G. Heyman: With respect to the discussion around refining, it wasn’t restricted to just British Columbia. I think the general discussion, particularly in question period, had to do with refining capacity in Canada, generally. It could be in Alberta. It could be in British Columbia.
There have been no discussions with me directly about a refinery proposal. A refinery proposal, if it was to come forward, would probably start with the Ministry of Energy, Mines and Petroleum Resources. There might be a discussion with the environmental assessment office. But to my knowledge, nothing very specific has happened at this point and certainly not with me.
P. Milobar: With the environmental assessment process being under review right now, has there been any discussions or plans…? If a project or an application was to come forward to double or triple the refining capacity in Burnaby or to refire up the closed refinery in Kamloops, would there be an expedited environmental assessment process for those operations, given the commentary we’ve been hearing from the Premier over the last short while?
Hon. G. Heyman: Joining us is the executive director of the environmental assessment office, Kevin Jardine. He informs me that there are two early-stage proponents in Kitimat. One of them is Kitimat Clean; the other is Pacific Future. But there is no formal proposal from either of them before the environmental assessment office, in the sense that they haven’t initiated the process. Dependent on when they were to initiate it and whether new legislation had been passed and enacted would, in part, answer the question that I think was implicit about how the process would deal with it.
I think the member also mentioned a refinery in his own constituency? Yeah. Whether or not it’d even trigger an environmental assessment would depend on the scope and nature of the upgrades that were planned to it, and we don’t know what those are at the moment.
P. Milobar: To be clear, I’m totally unaware of any move to recommission…. I think they’ve actually taken out most…. It’s pretty much just a tank farm holding area now. Back from when I was a child, I can remember the flares firing all night long. So that’s probably less likely. If there was to be something, an operational refinery like the one we see in Burnaby, expanding would probably be more likely. I was just trying to get a sense. Is there a sense, then…?
If the Burnaby refinery decided to expand its operations, what size of expansion would be enough to trigger an EA process? In other words, how much could they expand their capacity without triggering an environmental assessment process within Burnaby?
Hon. G. Heyman: The answer to the member’s question is somewhat complicated by the fact that aspects of the Burnaby refinery are — for instance, aspects or portions that are in the water — under federal jurisdiction, so it would depend on the nature of the proposal. But the particular triggers are set out in the reviewable projects regulation, and there are a number of factors.
Once we actually saw what the proposal was, separated out parts that were reviewable by federal processes and looked at what was left against what’s in the reviewable project regulation as criteria, we’d be able to make that determination. And the regulation is publicly available.
P. Milobar: I’m just trying to get a better sense because, obviously, especially being Burnaby, there seem to be some disputes around jurisdictional authority, provincially, municipally and federally. There have been concerns raised from areas around.
The bottom line, if I’m hearing correctly, is that there is the potential that the Burnaby refinery could see some form of an expansion that would not trigger an automatic review or a permitting process. They could, in fact, make an investment decision, if it was a small enough expansion, and there’d be no stopping that through provincial or federal means if it met those criteria.
Hon. G. Heyman: I think, to be clear with the member, it’s impossible to say there’s a number, because the reviewable projects regulation actually has a number of complex factors that would go into making the determination. It’s not a matter of saying below a certain number it wouldn’t require a review. It would be whether or not it triggered based on the factors that are set out in the regulation.
It’s also important to know that whether it’s a reviewable project or not, the project would still require federal, provincial and municipal permits. The permitting regime would still be in effect, whether or not it was a reviewable project.
P. Milobar: We typically see that refineries will shut down for maintenance twice a year as they get ready to switch from winter and summer blends — not unlike pulp mills that go through a yearly shutdown maintenance and other large industrial operations like that.
I’m just wondering if the minister can shed some light on the intentions around the increase of carbon taxation and the incentives for industry to modernize and become more efficient — if a refinery was to have a move to install more efficient or what is considered newer and more modernized equipment, if the intention is that those would fall under the same rebates for carbon taxation that other industry is being looked at right now with the new program.
Hon. G. Heyman: First of all, it’s important to note for the member that we haven’t finalized the design of the emissions-intensive industry rebate program, but some of the general principles do exist. The program is designed to address all large industrial emitters, and we define that based on those who emit over 10,000 tonnes of carbon per year. If a refinery, or this refinery to which the member referred, was over that threshold, then certainly it would be eligible for the program.
In addition to that, any money that is not used for rebates will go into a technology fund that will assist high-emission industries to introduce technology that will move them toward world-leading benchmarks and standards. To assist with understanding that, Deputy Minister of Climate Change Strategy, Bobbi Plecas, is going to meet with the Canadian Association of Petroleum Producers on Thursday to talk about how the program will work and to get their input on how they think it should work.
P. Milobar: I’ll have to make sure I get all my carbon questions asked before Thursday, then.
In terms of going back to the reference to the possibility of those preliminary stages of inquiry around Kitimat-area refineries in terms of the EA process, were those preliminary discussions based on the intention to locate the refinery nearby an oil reserve of some sort?
Hon. G. Heyman: The answer is no.
P. Milobar: That’s what I assumed, but I thought I should ask just to make sure.
If the minister could maybe, then, shed some light to us on what the preferred transportation method of getting the raw material to a refinery would be. Would it be by pipeline, or would it be by railcar?
Hon. G. Heyman: To our knowledge, neither proponent has, first of all, formally made a proposal or decided on what mode of transportation they would like to use, and perhaps more importantly, what form the bitumen would be in. But anecdotally, I’ve heard that both proponents are looking to transport bitumen in a different form that is not diluted and for which cleanup potentially could be, in the event of a spill, much simpler. But they’ve made no formal proposal or final decision, so it’s up in the air at this point.
P. Milobar: So the transportation of the finished product from either the Kitimat refineries or the Burnaby refineries is not the worry in terms of getting to world markets? The concern right now that we’re hearing, then, is around bitumen and how it reacts in water versus a finished product coming from a refinery, being loaded on a tanker and being shipped. Is that correct?
Hon. G. Heyman: Thanks to the member for Kamloops–North Thompson for the question.
All of our focus and regulatory activity have been on petroleum products, generally — on their impacts on the environment and on human health. More recently some of our regulatory proposals have focused specifically on heavy oil spill prevention, response and recovery, although those factors apply to any spill of any petroleum product.
We’re particularly concerned with information that came from the National Academy of Sciences and the Royal Society of Canada. Their studies into the behaviour of heavy oil in aqueous environments indicated there are significant gaps in knowledge about how the product behaves in water, both fresh and salt water, and what’s available for spill prevention best practice, as well as recovery best practice.
When we propose a scientific advisory panel, it’s a follow-up to those studies: to look at all of the existing and any new literature that comes along that can help inform our spill prevention response and recovery plans in order to protect the environment and human health. I’d note the federal government has also dedicated about $45 million to answering those same questions as part of their coastal protection plan. That’s what our regulatory activity is focused on.
P. Milobar: The reason I’m asking these questions is that there seems to be a move recently, as started this whole line of questions, around increasing refining capacity within British Columbia. One’s assuming that that is not strictly for domestic use but also for export.
Is the minister saying that the refined product — which would no longer be considered as heavy, with much more established clean-up protocols and that — would be supportable by the government for export through tanker traffic through the same waters, in terms of if it had been refined and then shipped?
Hon. G. Heyman: First of all, I think the characterizing discussion or proposal or testing the waters, if you’ll pardon the pun, on refineries, as a move, is not quite accurate. There are a couple of proponents who are talking about developing proposals. But it’s really impossible to answer the member’s question, because there is no proposal that’s fleshed out and brought forward for environmental assessment at the moment. So it would be purely speculative on my part.
P. Milobar: Well, it’s really about direction of government. Government has been referencing quite frequently, recently, about: “We should be looking at, as a province, dramatically increasing our refining capabilities to serve our domestic and, potentially, export needs.”
That was supported by the Green Party all through the election. They talked very much about: “We should be refining in British Columbia.” There’s a confidence and supply agreement. That is the only reason we have the government in place that we have in place right now.
I think people are, understandably, starting to want to get an understanding of the direction of the government as it relates to refining. So I guess, at its core, is the direction…? Given where the vast majority of domestic consumption happens — down in the Lower Mainland for personal vehicles or YVR or diesel for the trucking industry coming through the ports or…. That’s obviously where one of the larger ports in the province is for export.
Is the intention and the discussion or the inclination of government, with these ramped-up discussions around refining capabilities in British Columbia, that Kitimat or somewhere north, far removed from the Lower Mainland, should expect to see a super-refinery, or a series of super-refineries, to meet this demand? Or is the intention that…? To keep it close to market, close to domestic consumption and close to an export port, is the government indicating they are thinking that somewhere either in the Fraser Valley or along the Fraser River towards the ports should be a super-refinery, or a series of refineries, added to our current refining capacity?
Hon. G. Heyman: Thank you to the member. In general, the position of this government is that we think British Columbia and other jurisdictions in Canada would be well served by adding value to our resources and getting more employment and more return for them generally.
We also believe that we should have, in British Columbia and across Canada, a measure of energy independence. For instance, I’m sure the member knows that in eastern Canada, they import a very large percentage of finished, refined petroleum products from outside of Canada. Those are things we generally believe in. But we don’t try to steer the marketplace.
I’ll offer, as an example, the proposal from LNG Canada. It was a very specific proposal, and they asked us what our conditions were.
We told them the tax regime that would apply to all industry in B.C. and, in the case of manufacturing, an additional measure that would apply to the manufacturing sector and manufacturing industries. We also told them what our conditions were with respect to benefits for British Columbians, jobs for British Columbians, partnership and respect for First Nations and protecting our air, land and water, including meeting our climate commitments, which will be legislated but which we’ve made very clear that we are committed to meeting.
When a proposal comes forward, we will review it based on those factors, on the environmental factors. We’ll deal with it as regulatory decision-makers, not proponents. We just simply think that whatever comes forward needs to work for citizens, protect the environment and benefit the economy.
P. Milobar: We know, and the government knows, the exact impact the carbon tax increase would have on the price of fuel for a home consumer — driving their car, taking the kids to hockey or soccer, work or whatever they may be doing. And we know that it’ll be around a five-cents-a-litre increase over the span of the four-year lift, and the government clearly controls that. I’m assuming the government would have done some modelling ahead of time before changing or agreeing on the carbon tax changes to that effect.
Was there any modelling done before the minister released the five new points, which obviously have led us down this road that we’re on today in terms of the economic impact? If the pipeline, which has multiple clients that access the pipeline — one of which is refined product, one of which is obviously unrefined product to the refinery, but another client is also just strictly for export to the tanker….
Has there been any economic modelling done before those five points were launched as to the impact if one of those contracts, primarily the refining contract, was to be removed from the mix and we saw strictly bitumen being transported down for export through the existing pipeline and we would have to source our refined product from other locations?
Hon. G. Heyman: First of all, just to correct the member’s numbers, I think it’s important to recognize that the increase that took place on April 1 was 1.1 cent a litre. Over four years, that’s 4.4, not five.
With respect to the member’s question about economic modelling of the impacts. What we announced on January 30 was a plan to put out an intentions paper to consult with British Columbians on some proposals, both what the impacts might be, for which we would expect some feedback from a variety of people — including, potentially, economists — and some shaping of what we would do, which might result in different scenarios.
We did no economic modelling on specific impacts of what may or may not flow through a pipeline. We announced an intentions paper to do some regulation and expect that part of the consultation process would be to get feedback on a number of things — including, potentially, economics.
P. Milobar: Well, I’m sure the people in my riding that drive thousands of kilometres a year to try to get around a vast region will be relieved to know it’s only 4.4 cents a litre more they’ll be paying and not five cents a litre. I’m sure that will give them great comfort, Minister.
I’m just wondering. There was no economic modelling done ahead of time, if I’m hearing correctly, before a document gets released about potential impacts. The document gets released, which is following through on a campaign commitment by both parties as well as the confidence and supply agreement — on point 7, I believe it is — to stop the pipeline project.
As that document’s getting released, fulfilling the mandate of trying to stop the project, there was no modelling done to know what would happen to B.C. and the affordability of products coming through that pipeline if the project is successfully stopped by the government, following through on their CASA agreement.
Hon. G. Heyman: I’d like to point out to the member and the member’s constituents that the carbon tax would increase to $50 a tonne under whoever was the B.C. government or it would be imposed by the federal government. That is the pan-Canadian framework. Under the previous Liberal government, there was no plan to change the rebate structure for British Columbians in response to the tax going up.
My assumption is that the member’s constituents are actually happy to have the tax brought in by a government that has a plan to rebate to low- and moderate-income British Columbians, because that actually offsets the tax increase that they’re facing when the previous government had no plan whatsoever to do so.
I’d also like to correct the statement of the member that we did no economic modelling on regulations that we decided to consult British Columbians about, which he characterized as intending to stop the pipeline. That’s just simply incorrect. First of all, the proposed regulations would apply to transport of heavy oil by pipeline or by rail.
In addition, they are focused on measures necessary to prevent a spill, to respond appropriately and quickly to a spill and to recover in the tragic and unfortunate event that a spill takes place. There is no reference in them whatsoever to stopping the project, simply to making it safer from a community, economic and environmental perspective.
P. Milobar: I’m glad the minister reiterated that they’re not trying to stop the project. I was looking for the exact quote from the previous three weeks ago. I believe the minister reiterated that several times — that this has not been a process to try to stop the project, that in fact they’re just reviewing a regulatory decision.
I’m hoping the minister can shed some light on this quote. It’s not that old of a quote. I’m just looking at the clock. It was at about 2:26 this afternoon, from the Premier during question period. The Premier said: “Well, firstly, it’s not about pride. It’s about the commitments we made to the public during an election campaign, and we’re living up to those commitments by using the courts to make our argument that we believe that the risks are too great to proceed with this project. That’s what we said we would do. That’s exactly what we’re doing.”
At 2:26 today, the Premier made it very clear that they are out, through the courts, to stop the project — not to regulate the project but to stop the project — based on commitments the government made in the election.
The question to the minister is: who is correct? Is the minister’s assertion — that they’re not trying to stop the project, that they’re simply trying to regulate the project and get a court decision — accurate, or is the Premier accurate in his assertion that they are trying to use the courts to make their argument that “we believe that the risks are too great to proceed with this project”? It has to be one or the other.
Hon. G. Heyman: I appreciate that the member for Kamloops–North Thompson is trying valiantly to put words in my mouth or put words in the Premier’s mouth to create a political frame that’s to his advantage, but he’s simply wrong when he says it has to be one or the other.
He’s actually conflating, inappropriately, two entirely different processes. One is a regulatory process, which I’ve talked about in answers to recent questions and in weeks past, and the other is an intervention made by our government in the federal court challenge to the granting of the National Energy Board certificate and the subsequent decision by the federal government to approve the project.
The nub of that case is that the process undergone by the National Energy Board was inadequate because it failed to adequately consider the impact on British Columbia’s coastline in the event of a heavy oil spill and it failed to adequately consider British Columbia’s interests. We also state that the federal government failed to address those impacts, as it was required to, in its reasons for decision.
Now, were that case to succeed, that wouldn’t be the end of the project. It would be the end of that assessment process and approval. The proponent is free to do another proposal and have it assessed again under whatever conditions the court deems appropriate. The federal government could make a decision based on that assessment.
The point that we made was the assessment process was simply flawed and inadequate, and I would point out that that is a case that was made frequently by members of the then Liberal government during the process itself.
P. Milobar: I’m not conflating the two. It was very clear. The context of the questions today was around the actions that we’re seeing unfold based on the release of an intention for an intentions paper and clause 5 within that. That resulted in the trade war first being triggered, which has resulted in further actions that we’ve seen taken over the last few days, both by a company and by comments primarily made by the federal government. In fact, the questions were around getting on the plane to meet with the Prime Minister to resolve this issue.
The minister, in our last sessions, went to great lengths to confirm that there was no intent to flat out stop and, in fact, went to great lengths to disown the CASA agreement in clause 7 as it related to Kinder Morgan. I believe the term was “irrelevant.” I can look up the quotes. I know the minister is aware now that I love reading through Hansard. It’s a bad hobby of mine, I guess.
However, the minister was very clear three weeks ago — time and again, day after day — that there was no intention to try to stop the project. They weren’t using every tool in the toolkit to stop the project. They were simply trying to regulate what they felt they had a provincial authority to regulate, and they were working with the courts around trying to do that — and getting ready to go to the courts to try to do that.
The Premier, today, was very clear: “We’re living up to those commitments by using the courts to make our argument that we believe that the risks are too great to proceed with this project. That’s what we said we would do” — in the election, with CASA, moving forward. That’s what he would have been referencing. “That’s exactly what we’re doing.”
Again, was the Premier misspeaking this afternoon in question period, or was the minister misspeaking three weeks ago when he was asked repeatedly if the intention of the delays was not to, in fact, have the project be cancelled?
Hon. G. Heyman: Now the member for Kamloops–North Thompson is conflating the matter even further by bringing a third point in. That third point would be point 5 of the five regulations that we initially said we were going to take to consultation.
As the member knows, point 5 is…. We announced that we would not take it out for consultation. We would develop instead a reference to the courts to determine the constitutionality and the parameters of the extent of provincial jurisdiction, which I believe is an appropriate way to deal with a matter where there is a dispute between the parties. Frankly, so did the government of Alberta. When we announced that, they withdrew their sanctions on B.C. wines. The Premier of Alberta announced that she was satisfied.
The member then went on to state that he thought either the Premier or I had misspoken ourselves. I would say again that neither of us misspoke ourselves. I agree with the Premier that the risks are too great. That is, in fact, the nub of our intervention into the federal court appeal of the NEB decision — that the NEB failed to adequately consider the risks of this project as it is designed.
P. Milobar: This is very troubling. I mean, we are standing today in the midst of, by lots of commentary across the country, a potential constitutional crisis that will impact all of Canada. We have issues now with one of our closer trading partners right next door. Most of this was triggered by the insertion of point 5.
When questioned about the relation of that point 5 in the intention for an intentions paper document, and as it related to trying to stop the project outright and have it…. As we questioned around point 7 of the CASA agreement and that interconnectivity, the minister was very, very clear that commitments made in the campaign, that commitments made in CASA, now that they were in government, were no longer relevant as they were regulatory decision-makers. In fact, they were not flat out trying to stop the project. That was simply campaigning language.
Today we have the Premier very clearly saying that they’re following through — ironically enough, one of the few campaign commitments that is being followed through on — with trying to stop: “…the risks are too great to proceed with this project. That’s what we said we would do. That’s exactly what we’re doing.”
The minister can try to deflect away — that I am trying to confuse or reach for straws here. But these are the exact words said by the Premier today. If the minister would prefer, I can go back. I’ll highlight the exact times on multiple occasions, three weeks ago, and use the exact wording the minister used, off of Hansard, when asked very similar questions about flat out trying to stop, especially in relation to the confidence and supply agreement, which is giving the ability to govern.
One would hope that the minister recalls referencing several times, over and over again, about not trying to stop. This was strictly about trying to regulate — very clearly said about regulate. I think the public in British Columbia deserves to have a very clear answer from a minister of the Crown, as well as the Premier of the province, as to what direction is truly being taken. In fact, I would suggest, given that we’re on the brink of a constitutional crisis…. I think the whole country deserves to have a very clear understanding of whether the Premier misspoke today or the Environment Minister had been misspeaking three weeks ago.
Again to the minister: who is correct? Is this all about just regulating? Or is this indeed about: “…too great to proceed with this project. That’s what we said we would do. That’s exactly what we’re doing”? He said it at around 2:26 this afternoon.
Hon. G. Heyman: The member for Kamloops–North Thompson continues to say that he finds the actions of the government troubling. There are a lot of troubling aspects to this whole discussion.
What I find troubling is that members of the official opposition seem to be more interested in siding — with editorial writers for the Globe and Mail — with the actions of the Premier of Alberta to threaten interfering with trade between our provinces in a way that is clearly unlawful and violates Canada trade agreements; and to side with threats from members of a Texas corporation sitting in a boardroom in Texas, rather than standing up for the interests of British Columbia — the interests of the British Columbia government and British Columbians to exercise our jurisdiction, which has been established by the courts, which is recognized by the courts as flowing from the constitution.
Instead, it takes nothing for the members of the opposition to simply side with people who believe that their interests supersede the interests of tens of thousands of workers in British Columbia whose jobs would be at risk through an oil spill.
The member referred to a constitutional crisis. There is no constitutional crisis. There is a constitutional disagreement, which we offered — after asking and inviting the federal government to join us — to resolve through a referral to the courts. That’s the appropriate way to do things. That’s the calm, reasonable, respectful, adult way to do things.
The federal government declined to join us in that reference, declined to join us in a reference to the courts to determine whether what we were doing was constitutionally valid or not and to give definition to that. Instead, they simply stood back and claimed that our actions are unconstitutional, claimed that we’re disregarding the rule of law at the very same time that we’re going to the courts to determine what the law actually says, and then threaten and coerce us with unspecified measures.
I would welcome the opposition saying, no matter what they believe about this pipeline or how we should regulate in British Columbia, that they will not stand for other jurisdictions trying to prevent the government of British Columbia from establishing in the courts what our jurisdiction is, which is our right. Every Canadian, every Canadian jurisdiction has a right to go to the courts to determine what our jurisdiction is and what our rights are to protect and defend the interests of British Columbians.
I would say, again to the member for Kamloops–North Thompson, when the previous Premier of British Columbia, Christy Clark, got into a spat with then Premier of Alberta Alison Redford, the member on the member’s right — the member for Abbotsford West — stood with the Premier and didn’t express any concern about impacts on trading relationships between Alberta and British Columbia. He stood with his Premier to say that we should assert our rights, interests and jurisdiction. Apparently, their minds have been changed.
Let me simply say that there is no discrepancy between what I’m saying and what the Premier said. The Premier has said and we said, during the election campaign, we’re committed to defending our coast. That’s exactly the commitment that we’re following through on, and that commitment is being expressed through our intervention in the federal court hearing about whether or not the National Energy Board process was adequate and properly reflected and took into account B.C.’s interests.
We’re expressing it again through proposals to regulate prevention of spill, response time and recovery in the event of a spill of petroleum products, including heavy-oil products. Both of those are consistent with our election commitment.
With that, hon. Chair, I would suggest a five-minute recess.
The Chair: That’s a great idea. We’ll take a five-minute recess.
The committee recessed from 4:21 p.m. to 4:34 p.m.
[R. Leonard in the chair.]
M. de Jong: I was grateful to accept the minister’s invitation to re-engage, by his reference earlier. I think there’s an important point that it is entirely legitimate for the opposition to explore with the government and the minister, and it’s this basic question. What is the government’s position today with respect to a major infrastructure project, the pipeline?
The member from Kamloops, my colleague, has alluded to the exchange that took place now several weeks ago. The minister was very specific. I related to him portions of the platform that he and his colleagues ran on, specifically page 62. I quoted from that platform. “The Kinder Morgan pipeline is not in B.C.’s interest. We will use every tool in our toolbox to stop the project from going ahead.”
The minister pointedly stood and indicated, in excruciating detail, that those were statements made prior to becoming government, and he actually challenged me at one point. “Neither I, the Premier nor any member of our government has said that we would use every means available to delay, to deny the pipeline.”
There matters stood until today, at about 2:30 this afternoon, when the Premier stood up. By the way, there is nothing unparliamentary about my offering this observation — the Premier standing up and directing his minister not to stand up. The minister tried to stand up and answer a question. He knows that’s the case, and every member of the House knows that’s the case. And in his place, the Premier said, “I’ll answer the question,” and did so through the entire process.
Though I didn’t wait for the Blues or the Hansard, I wrote down what the Premier said, at 2:37, with respect to the Kinder Morgan pipeline: “We need to be committed to the campaign pledges that we have made.” Well, we know what the campaign pledge was. Therefore, the minister, on behalf of the government, is, in my view, obliged, on a matter of this magnitude, to state clearly whether or not the pledge that the Premier was referring to — to “use every tool in our toolbox to stop the project from going ahead,” which is what the Premier was referring to with “the campaign pledge that we have made” — remains government policy. Three weeks ago the minister said it wasn’t. Today the Premier has said it is. Which is it?
The Chair: Minister.
Hon. G. Heyman: Thank you, Chair, and welcome to the ongoing examination of who said what when.
The member for Abbotsford West quoted, from question period, comments by the Premier and also quoted from the NDP platform. He quoted correctly from the platform in terms of some of the words used. But our commitments to British Columbians in the campaign included what’s in the platform as well as what we said. And what we said was that we thought that the Kinder Morgan project was too risky and not in British Columbia’s interests. We believe that.
That’s why we’ve gone as interveners to the Federal Court to say that the National Energy Board process failed to adequately consider B.C.’s interests or the impact on B.C.’s coastline in the event of a spill or on our economy and, therefore, it was flawed and should be set aside. We also said the federal government, in relying on that process and then not putting in its reasons for decisions, specifics about how the interests that were raised by British Columbia or potential negative impacts to British Columbia’s interests could be addressed, was also wrong. So we are following through on our commitment to British Columbians.
Repeatedly, throughout the election campaign, our commitment to British Columbians was to defend our coast. We used those words repeatedly in the months leading up to the election. We used them during the election campaign. The member opposite may imply from the Premier’s statement in question period that he is referring to the platform commitment, but what the Premier said was “commitments to British Columbia,” and I heard many speeches from the Premier in which the wording that he used was “to defend our coast.”
That is exactly the basis of our intervention in the Federal Court. It’s the basis of our regulatory proposals that are out now through an intentions paper. It’s the basis of the fifth point, which we have not put out for consultation because we are referring it to the court to settle a constitutional difference with the government of Canada, and that’s the basis on which we’re proceeding.
M. de Jong: Thanks to the minister. So the statement from the Premier today, only a few hours ago, was: we need to be committed to the campaign pledges that we have made — in response to a specific question about Kinder Morgan. The most specific pledge that the government made, presumably, is that which was contained in the platform document which reads: “We will use every tool in our toolbox to stop the project from going ahead.”
Is the minister saying that when the Premier spoke today, he was specifically not referring to that commitment?
Hon. G. Heyman: Thank you to the member for an opportunity to clarify and for asking the question. I understand why the member is asking it. As I expressed before the three-week break, when we canvassed this material at some length, one learns when one enters government — often by having access to a broad range of legal advice from government lawyers whose job it is to clarify for lawmakers and regulators what our jurisdiction is, where there may be questions about the jurisdiction and how to best achieve our aims…. We learned that the authority to say yes or no to a pipeline rests with the federal government, and that is their jurisdiction. We accept that.
That doesn’t change the fact that we believe that the project, as put forward, was a great risk to British Columbia, a great risk to our environment and a great risk to our economy. We questioned how the review took place and how the decision was made. That led us to use a perfectly reasonable tool, which is to join the federal court challenge of the review and the decision itself. But that decision stands, as does the review, until the court itself rules.
We also learned that we could, however, within provincial jurisdiction, take a number of other measures to meet our commitment to British Columbians to defend our coast. We believe the project is risky, too risky, with little, if any, benefit to British Columbia to show for it, and a great risk to both our environmental and economic values.
We set about to look at measures that we could use that were within our jurisdiction to defend our coast, to defend our economy — by placing conditions on a B.C. environmental assessment; by proposing regulatory measures to deal with reducing, to the greatest extent possible, the risk of a spill; by addressing recovery through both response times and recovery requirements.
We’ve also proposed a scientific advisory panel to look at the existing science and any new science on the behavior of heavy oil as well as the state-of-the-art spill prevention response and recovery to help inform those measures that are within our jurisdiction. Where a measure is found or contested as potentially not being within our constitutional jurisdiction, as I’ve mentioned previously, we’ve referred that to the courts to determine whether we’re correct in our assumption, whether other governments are correct in their assumption, or where, in fact, the truth lies.
We’re exercising our right and responsibility to defend B.C.’s coast, our interests and our environment from a threat of a heavy oil spill or, in fact, from a threat of a spill of any other hazardous substance, because many of the regulations addressed not just heavy oil but other petroleum products transported by rail, pipe or truck, so that is what we we’re doing.
M. de Jong: All very interesting and mostly relevant, and yet the minister steadfastly attempts to avoid the fundamental discrepancy that gives rise to the question. I think I understand why he wants to avoid it, because it is problematic from a whole variety of perspectives.
The fundamental difference between a Premier who today, taking charge of the issue, stands up in the House and says that the position he, his colleagues and his party took into the election — the pledge, as he put it, that he made, and his colleagues made — to use “every tool in our toolbox to stop the project from going ahead” remains government policy, versus the position that the minister has carefully laid out for the committee, which is fundamentally different.
I can’t and won’t ask the minister to speak to what was in the mind of the Premier today when he chose to step in and take questions that were directed to the minister, but that’s what he chose to do. He made very purposeful statements referring back to the platform document that, for this committee, the minister carefully tried to distinguish, or carefully did distinguish.
Let me try this. The minister has taken great care. I think for any politician, the obligation to stand up and say: “I know we said something when we were seeking people’s votes, but that’s no longer our policy….” That’s what the minister is saying. If I’m mistaken about that, and if he still intends to use every tool in the toolbox to stop the project from going ahead, he can correct me now. But I think the minister went to great lengths three weeks ago, and again today, to say to the committee and British Columbians that that is not the government’s policy, notwithstanding what we heard from the Premier today.
My question is: why not? What is it about that pledge? What is it about the pledge contained in his party’s platform to use “every tool in our toolbox to stop the project from going ahead” that is today so problematic?
Hon. G. Heyman: I think the answer to the member’s question is because, when we took office as government, when I took office as a minister and we reviewed commitments we’d made, it was incumbent upon us to understand what our legal responsibility is as government. It became clear, through listening to legal advice, that we did not have the authority to stop a project that had been approved by the federal government within its jurisdiction.
We do have authority to apply conditions that are attached to the environmental assessment, a certificate, and to propose regulations to defend B.C.’s coast, but it is not appropriate to “stop the project” or to delay the project through anything other than even-handed consideration of permit applications. That is what we have tried to do at every step of the way.
In fact, Kinder Morgan president, Ian Anderson, reported to his shareholders on a conference call that there was no problem with the B.C. government’s handling of permit applications, that we were considering them. We are certainly applying due diligence, but we’re considering them appropriately. What we’re doing is what is within our jurisdiction and lawful for us to do, and that is do everything we can to defend our coast with the tools available to us, including, as I mentioned earlier, intervening in challenges of the decision-making process that was approved through the NEB and, ultimately, made by the federal government — but not disregarding it, as long as it stands as a legal process subject to a decision by the courts.
It is clear what our duty is and our responsibility is, and within those constraints, we are doing everything we can and using every tool available to us legally to defend our coast, to defend our economic interests, to defend the interests of British Columbians.
The member said that the Premier referred to platform documents. I would say, again, the Premier referred to commitments we made to British Columbians repeatedly throughout the campaign. That commitment was to defend our coast — and won an election. Our commitment was given life shape and articulation through our understanding of what was appropriate and legal for us to do, and I believe nothing has changed in that regard.
M. de Jong: Well, part of that was helpful, and part of it I may even agree with. I think the synopsis and the short story is….
To be fair to the minister, I have heard versions of this explanation in the past. He and the government, I believe, I hope — at least elements with in the government — have received advice and come to the conclusion that they can no longer embrace the statement contained within their platform document: to use every tool in the toolbox to stop the project from going ahead.
I don’t think the minister has made that up. I don’t think he has come to that, but I think he’s received advice that says to adopt that approach is to invite arguments of bias and abuse of process.
Maybe I’ll put that question, because I think the minister would be in a position to verify that for the government to cling and proceed on the basis of its platform would put it in legal jeopardy. I think that in the past, I have heard the minister say that — which, by the way, I agree with. So I’ll stop there. Then I’ll have a follow-up question to that. But it would be for the minister to confirm that adherence to the campaign pledge exposes the government to successful challenges around bias and abuse of process.
Hon. G. Heyman: I’m sure the member for Abbotsford West would agree — because the member has served many years in responsible positions in government — that when one comes into office and finds that a campaign pledge, in its exact wording, is not within the legal jurisdiction or responsibility of the government, the correct thing is to look at what underlies it and address it in the best way government can, within the confines of law and jurisdiction.
Our platform was very clear. It spoke about the risks of the project and that we thought the risks were too great for British Columbia. It was made clear to me, made clear to us, that issues of interjurisdictional immunity and paramountcy meant that we couldn’t simply do what we initially, in opposition, thought was an option for government.
We did, then, focus on what we could do to protect British Columbia against the risk of heavy-oil transport. And it’s not just about this one project; it’s about heavy-oil transport. Our subsequent efforts at regulation, consultation and a scientific advisory panel address all forms of transportation of this product that we believe, and that previous scientific studies and even federal government dedicated research funds would indicate, pose risks that we need to examine and determine.
It’s not really a question of legal liability. It’s a question of legal responsibility, and that’s a responsibility that we take seriously as a government and I certainly take seriously as a minister.
That responsibility says that you may have legitimate goals, and if the particular means you thought you could use to address them aren’t constitutional or legal or within your jurisdiction, then the right thing to do is to look at what you are trying to do and do what is possible and legal for one to do. What we are trying to do is to defend British Columbia against the risk of heavy oil spills, and we’re proposing to address that in a number of manners which I have previously articulated.
M. de Jong: Is the minister saying that the care he has taken to distance himself and the government from the statement within the platform to use every tool in the toolbox to stop the project from going ahead has in no way been influenced by advice he has received cautioning that as the, in a sense, regulator of an approved project, he, the ministry and the government now have to be very cautious about not allowing a political bias to influence the approach they take to exercising that regulatory and administrative function?
Hon. G. Heyman: As the member knows, in my role as minister and a member of executive council, I have a responsibility to — in this case, because I’m the Minister of Environment and Climate Change Strategy — protect the environment and to ensure that our environmental protection laws are enforced. I’m also a legislator — we all are — and in that role, I think it’s important that we all understand our responsibility to ensure that laws and regulations and permit considerations are applied even-handedly and in an unbiased manner.
To undertake activities which I’ve been advised are outside the scope of B.C.’s jurisdiction under the constitution means that to disregard that, despite wording in a campaign platform, would be biased and inappropriate and not the right action for somebody who is supposed to be overseeing an even-handed and fair process that is designed to defend and protect our environment.
Once again, what underlies all of the wording in the platform was the acknowledgment that there was great risk to British Columbia — great risk from heavy oil in transportation. So we have turned our attention to other methods which we can use to lessen and mitigate that risk within the confines of our constitutional jurisdiction and authority that’s complimentary to the constitutional authority of the federal government with respect to interprovincial transportation.
I would say that what underlies all of this is the need to act in a fair and unbiased manner, and when receiving legal advice about what we can do and what we can’t do, to act on things in any other manner than within the parameters of what we are constitutionally permitted to do would be a demonstration of bias, which would be completely inappropriate in my role as a minister.
M. de Jong: I think I’m going to take that as a yes — that the minister has received advice.
Look, I think the skepticism that the minister and the government are encountering is attributable to this. On the one hand, the minister, not just before this committee but in other contexts, has talked about the importance of even-handedness, procedural fairness and unbiased responsibility that accrues to the Crown once approvals have been granted and a project moves to a different stage.
Today that skepticism — that in fact behind the scenes, the political agenda is still very much at play — received a boost on the strength of what the Premier said. By referring specifically to, and I do have the Hansard now: “I also believe that we have to be committed to the campaign statements that we made.” There is no clearer campaign statement than that contained in a party’s platform document.
If the minister’s position is that the Premier, today, in injecting himself into the exchange around this issue, was specifically not referring to the campaign pledge to use every tool in the toolbox to stop the project from going ahead, boy, this would be a good time for him to say it. I’m not sure how he can, unless he’s had a conversation with the Premier and can confirm that. I mean, we’ll ask the Premier when we get to that stage in the proceedings.
Look, the minister is astute enough to know, and his able advisers will have reconfirmed, that these exchanges, including the exchange during question period, are being very carefully reviewed by parties with a multi-billion-dollar interest. Now, I think that’s why the minister, to his credit, is being very careful with the words that he chooses. The Premier was not, today.
If the minister is in a position to definitively and unequivocally state that the Premier was not referring to the clearest pledge that the now governing party gave around Kinder Morgan, boy, this is the time to do it. But I presume he could only do that if he has had a conversation with the Premier between question period and now and can offer the committee that assurance.
Hon. G. Heyman: I have expressed that our campaign commitment was centred around the risk of heavy-oil spills and defending B.C.’s coast. That underlaid all the other wording that we used. That’s equally a commitment, and that’s a more fleshed-out commitment. That was our campaign commitment.
I have not had a conversation with the Premier about this, this morning or yesterday or since question period. But what I can tell the member is when the Premier offered me the position of Minister of Environment and Climate Change Strategy, and asked if I was interested and had a discussion with me about what I would see in my mandate letter, he was very clear that as part of transition, he had been given the legal advice that stopping the project was beyond the jurisdiction of B.C., and to talk about it or frame our actions around doing that, as opposed to defending B.C.’s coast through a variety of measures that were within our jurisdiction, would be inappropriate and unlawful.
That is why we could not do that. He advised me to not do that — that this was now our new position based on legal advice. I have no reason to believe that he’s changed his views. In fact, I’m quite sure he hasn’t. He understands that clearly, as we all do.
M. de Jong: When 17 years ago, the last time there was a change in government, the new government of that day inherited a matter that was before the courts that touched very much on the issues of statutory decision-making, procedural fairness, bias and abuse of process…. The case was Carrier Lumber. Some of the staff surrounding the minister will have a specific recollection.
That case and the conduct that took place behind the scenes ended up costing the taxpayers millions upon millions of dollars. The suspicion here is that, notwithstanding the public pronouncements from the minister, what we caught today in the guise of the comments made by the Premier was a glimpse of what is taking place behind the scenes.
The minister is not going to comment, or maybe he will, on my observations in that regard. But I would say this. It would not be unreasonable for someone observing proceedings today, in my view, to view and interpret what the Premier said in the context of the exchange in question period as a reassertion of the very specific commitment made by him and his colleagues and his party in their platform document leading up to the last election. That, for reasons I think the minister knows and has partially articulated, is problematic and, in the event of challenges, will lead to great difficulty for the Crown.
I have one other set of question. I’m not meaning to preclude the minister from responding to what I’ve just said. He may not wish to. But I’ll sit down, and if he chooses to, fine. Otherwise, I’ll move on to my second set of questions.
Hon. G. Heyman: I’m happy to answer the question. I think, as the member knows, both as a long-time member of the Legislature and as a lawyer, it’s possible to read any number of implications into words that someone uses. But in the end, those words have to be read on their face value, because that’s all that’s available.
What I can say to the member, through the conversation with the Premier that I recounted, when he offered me this position, and numerous conversations that we’ve had since, is that he understands very clearly what our jurisdiction is in British Columbia and what isn’t; what’s lawful for us to do in terms of trying to fulfil our pledge to defend British Columbians and our economy and our environment from the risk of a heavy-oil spill through any mode of transportation, not simply one particular project. It needs to be done within the confines of our constitutional jurisdiction, and that is exactly what we’re trying to do.
I’m not going to say for a minute that we’re not doing everything we can, within that construct, to defend British Columbia, but it is within that construct in which we are operating. It is simply clear to all of us that our job in government is to represent British Columbia’s interest but to do so in a way that is lawful and unbiased.
M. de Jong: Much of what the minister and today the Premier have said in defence of the strategy that the government is employing around this issue and the proposed project relates to the decision that has been taken to refer the matter to the courts for a pronouncement on jurisdictional issues.
The public first became aware of that, I think — if I’m wrong, the minister will correct me — at the end of January in the press release that was issued that day. If I’m mistaken about that, the minister can correct that. I think that’s what triggered the issue, and the announcement around the reference came several weeks later.
The minister has referred to it, the Premier again today. We talked about it almost a month ago, almost four weeks ago. What’s the status?
It seems a great deal turns on — and the minister has said a great deal turns on — the ruling to be derived from the courts. We’re talking about a massive project that, whatever side of the issue people are on, involves a potential investment of billions of dollars, the employment of thousands of British Columbians or, for those who are concerned about it, a very specific perceived environmental risk.
Three weeks ago I asked the minister when we are going to see the question. Has a determination been made about which court the matter is going to be referred to? Do we have any update on an issue of this magnitude, which forms the bulwark of the government’s approach and defence to criticism?
Hon. G. Heyman: As the member knows, we’ve retained one of Canada’s pre-eminent constitutional lawyers to prepare a reference to defend our assertion to jurisdiction and aspects of jurisdiction that have been won in previous court cases. Mr. Arvay is working on the preparation of that reference, including the determination of which court. We hired him precisely so that we could rely on his advice. He is working on it with his team. I cannot give the member the details he is requesting. We are, in fact, leaving it to Mr. Arvay to address those issues.
M. de Jong: Maybe the minister wants to tell me that it’s not his ministry that is providing instructions. The Crown is the client here. Presumably, the client has said to its counsel: “We wish to commence. We wish to file our reference and impose our question by such-and-such a date.” And if the client hasn’t said that, why haven’t they?
Hon. G. Heyman: We have instructed our counsel to prepare the reference in a timely manner, but we’ve also instructed our counsel to prepare the best possible legal case to defend B.C.’s jurisdiction and interests. Because they rely on court decisions, we want to ensure that we prepare the best case possible to represent British Columbians’ interests.
M. de Jong: In the absence of a more specific answer than that, why shouldn’t people be suspicious that this is part of a purposeful delay strategy on the part of the government? I’m not suggesting to the minister that it is reasonable to say to counsel preparing a reference case to have it done next week.
We’re 2½ months into this, and no member of the government is prepared to say — is prepared to offer any indication — that this fundamental issue, which will determine, ultimately, whether or not a multi-billion-dollar investment in infrastructure takes place…. Not of when it’s going to be heard; the courts will determine that. But we have, in this country and in this province, seen reference cases before, and we have seen them expedited.
Is the minister prepared to tell British Columbians, who have an interest in this matter, that the nature of the question being put to the court — and we still don’t know which court — will be available to them and will be available for public review prior to the end of the legislative session?
Hon. G. Heyman: First of all, just to correct the member, it’s been less than two months, not 2½, since we announced our intention to put point 5 to the courts in a reference.
While I might want to say to British Columbians that we’ll have this case publicly available and filed within a certain time period, even the one the member mentions, what’s most important for me to say to British Columbians is that in preparing a reference case on the ability of the British Columbia government to defend our jurisdiction, to protect our environment and the economy, the primary concern is that all of the due diligence necessary is put into preparing the best and most solid case possible, and that’s going to guide our time frame.
M. de Jong: On a matter of this import that engages the interest of so many British Columbians, has the minister inquired of his counsel when the documentation will be ready for filing?
Hon. G. Heyman: We are in regular contact with counsel discussing the development of the case. It is proceeding nicely but is not yet ready. Our commitment to British Columbians is to ensure that the due diligence is done to ensure that we have a solid best case going forward.
M. de Jong: All very reassuring. The question was: has the minister asked counsel when the material will be ready for filing?
Hon. G. Heyman: We have not specifically, or I certainly have not specifically, asked counsel when it would be ready, but we have expressed to counsel that we want it to be developed in a timely manner but, as I said, with the due diligence necessary to prepare the best case.
M. de Jong: Will the minister undertake to put that question to counsel and provide the committee tomorrow with an indication from counsel as to when counsel anticipates the documentation to be ready for filing?
Hon. G. Heyman: I think the member knows, because the member is a lawyer, that asking me to…. I mean, it’s fine to ask me to ask a question, but then asking me to report back to committee on the contents of a discussion between a solicitor and client — in this case, the government of B.C. being the client — is a matter of solicitor-client privilege and could potentially open up other areas of discussion regarding this case to review and exposure. Perhaps that’s the member’s intent, but it’s not our intention to do that.
M. de Jong: With the greatest respect, that’s ridiculous. The government’s position on this — whatever perspective you take on it — fundamentally important question that has, for the minister and others, grave potential environmental consequences, significant economic consequences…. The government’s response to that is: “We seek, in pursuit of our agenda, to secure a decision, a reference decision, from the courts.” And the minister goes to great pains, and the Premier, to point out how appropriate a strategy that is.
It is not unreasonable for British Columbians to ask — not when the court will rule, because no one here can answer that…. It is entirely appropriate to ask the government, through its representative, the minister: when do you intend to have that application finalized and filed? What the minister has just said is: “I’m not prepared….” The minister has first said, “Well, I can’t tell you that, because I don’t know,” and then a moment ago, he said: “And if I find out, which I might, I’m not prepared to tell you that, anyway.” That’s a little too cute.
By his own admission, it’s a significant case, and every time the minister plays games like that, in my view, it amplifies the suspicion that people have that this is part of a broader strategy to simply delay.
I’ll give the minister a chance to reconsider his answer. The committee is sitting. He has indicated — and I take him at his word — that he doesn’t have the information from his counsel about when this material for the reference, which he attaches such importance to, will be ready. I’ve asked him if he will make effort to consult with counsel and report back. The committee will be sitting tomorrow.
I don’t want to be unreasonable. It may be a range. It may be that “on the basis of the information available and my conversation to counsel, I anticipate it to be some time before such-and-such a date.” But what the minister is saying to the committee today is: “I’m not prepared to give any indication whatsoever as to when British Columbians might expect to see this matter brought before the courts.” I think that’s unreasonable. I think that elicits a measure of skepticism about what the real agenda is here.
I’ll let the minister respond, and then I’ve got a couple more questions.
Hon. G. Heyman: I’m hopeful this answer will suit the member. First of all, we announced retention of Joe Arvay as counsel on March 12. That’s less than a month ago. It’s taken some time to work so far.
What I can say to the member is that we want this done in a timely manner. I can assure the member and British Columbians that there is no intention whatsoever to use the preparation of this reference case as a delay tactic of any kind. We’re interested in it going forward in a timely manner.
I have said on a number of occasions, when asked, that we expect the reference to be prepared and ready to go forward this spring. I have no reason to believe anything different at this point.
M. de Jong: That’s helpful. May I ask, then, between now and when the committee reconvenes, for the minister to satisfy himself, with respect to his very final statement, and determine and report back to the committee whether any circumstances have arisen that would make the spring deadline unachievable?
Hon. G. Heyman: I don’t have to wait till tomorrow. As of today, I’m not aware of anything that’s arisen that would form an impediment to the time frame I have outlined, and I would be aware.
M. de Jong: For the sake of clarity, what I think I am hearing and the committee is hearing is that as of today, the minister is of the view and belief that the documentation relating to this reference will be complete and available for public review by, at the latest, the end of spring.
Hon. G. Heyman: As of today, yes, that’s correct. It will be available for public review, as the member knows, when it’s filed with the court.
M. de Jong: Sometimes the relationship between the Crown and counsel, particularly when counsel is contracted for a matter of this, is interesting. Can the minister indicate to the committee who will sign off on behalf of the Crown with respect to the reference documentation itself? Will it be him, in his capacity as Minister of the Environment, or some other minister?
Hon. G. Heyman: As far as I know, only the Ministry of Attorney General can sign off on the documents. I think, to be certain of that, the member should ask the Attorney General that question. That’s my understanding, but I’m neither the Attorney General nor a lawyer.
M. de Jong: No, and I suppose there are two dimensions of this. Where in-house counsel are being retained, I think the answer is clear. I think this is a function of how the executive council intends to organize itself internally with respect to the approval process for the question that is put to the court.
I think this is less of a legal question than it is…. Within the context of this executive council and on this issue, and keeping in mind the mandate letter that the minister has referred to, will the Minister of Environment be exercising a sign-off approval for the application and the nature of the question — if, in fact, it is a question — that is put to the court?
Hon. G. Heyman: I understood the question to be related to the actual mechanics of sign-off. If I was incorrect in that and it had to do with whether or not I would be consulted with respect to the question, I certainly am engaged on this file and expect to be consulted and engaged with the Attorney General on the issue.
M. de Jong: If it’s of any assistance to the minister, this is not — this instance, at least — a case of trying to trick the minister. I’m just trying to understand the approval process. For example, prior to the material being filed with the court, will it have undergone a review by the cabinet in its entirety? Who is the client ministry, in this case, for Counsel Arvay? Is it the Attorney General or is it the Ministry of Environment?
Hon. G. Heyman: The Ministry of Attorney General has retained Mr. Arvay. The Attorney General and I both have conduct of this file from different aspects, in general terms, and we consult and collaborate on it generally. As the member knows as a former member of executive council, I cannot tell him what goes or does not go to executive council.
M. de Jong: Two things that flow from that answer. The minister alluded to a component of the file for which he has conduct and described it as a shared responsibility with the Attorney General. I think the committee would be interested to know which portion of this litigation matter the Minister of Environment has responsibility for.
With respect to the question of what goes before cabinet, the minister is certainly precluded from discussing the details of the conversations that take place at cabinet, as per the oath. This government, and I suspect previous governments in the past, though, has certainly indicated — Site C being a classic example in the case of this government — whether or not the cabinet in its entirety will be considering a matter. That is the nature of my question.
What’s the nature of the minister’s role in the development of the litigation documents? Two, prior to filing, without…. Well, there’s nothing to disclose at this point. Will cabinet in its entirety review that material before it is filed?
Hon. G. Heyman: While the member might want to be able to create a clear line of who’s responsible for what with regard to this file, the truth is that it’s a shared responsibility between myself and the Attorney General. We collaborate and consult on the aspects of it, and the governance of this file is to be determined, with respect to the member’s question about whether or not and how it will be decided.
M. de Jong: I think my question related — and maybe this was the answer the minister gave — to whether or not prior to finalization of the material, as between the Attorney General, the Minister of Environment and the counsel for the Crown in Right of the Province of British Columbia — prior to that being finalized and filed — cabinet in its entirety would have the benefit of reviewing the material or whether it would go directly from the two ministers, via counsel, to the court.
Hon. G. Heyman: In answer to the member’s question, that’s yet to be determined.
P. Milobar: I just want one last clarification. I know the minister loves these clarifications. The minister is very careful when he words things, and I think he does put in a lot of thought to make sure that he’s very accurate with his phrasing in his statements. So it’s always an interesting challenge, but that’s good. I think it serves the public very well.
It does explain — on the NDP platform, on page 61, when it says, “We will use every tool in our toolbox to stop the project from going ahead,” and the minister’s explanation about the Premier receiving legal advice before mandate letters were issued — why the mandate letter changed to: “Employ every tool available to defend B.C.’s interests in the face of the expansion of the Kinder Morgan pipeline.”
I think the minister’s answer, earlier, very clearly does clarify why there was such a change in language between the platform versus the mandate letter and why, by extension, all of the minister’s comments post then — that I’ve been able to find, that we’ve questioned during estimates either previous weeks, the fall session or now — have been very clear to say that the government is not out to stop the project.
I bring that up because when we started the line of questions with the minister earlier and I had asked if the minister had misspoke or the Premier misspoke, and one of the final answers when the member for Abbotsford West was asking questions, the minister answered very clearly that the legal advice had been given. That’s why wording was changed. That’s why answers had been crafted the way they are now. It’s to make sure that as a regulator, lines weren’t being crossed.
When I suggested that one or the other, either the minister or the Premier, had misspoke, given that we had totally contradictory words…. The minister has spent quite a while now confirming that he did not misspeak. So I’m taking it by his answer that he feels he has not misspoke. I would tend to agree with that based on legal opinions that they had received previously.
That leads me to conclude, then, I guess, that he is agreeing, after close to two hours’ worth of questions, that today the Premier may have, in fact, misspoken in question period not once but potentially twice, given that the quote I used was from 2:26 and the one the member for Abbotsford West used was more in the 2:37 range.
Hon. G. Heyman: I respectfully disagree with the member. I don’t think the member quite heard clearly what I said previously.
What I said was that words can often be taken in different ways, different meanings can be imputed to them, but in the end, the only way the words can be taken is what they say on the face of them. I clearly stated that I didn’t believe that neither the Premier nor I had misspoken.
P. Milobar: Well, the minister made it very clear that legal advice had been given to the Premier ahead of mandate letters being issued that you could not use language as regulators around trying to terminate, trying to stop, trying to use every tool in the toolbox to stop a project, especially one that’s already been approved. The minister made it very clear. In fact, as I’ve pointed out, his own documents actually back up everything he said.
I totally agree with what the minister said in terms of it makes total sense that that would have been the legal advice given, given the difference between page 61 of the platform, and the language there, and the language in the confidence and supply agreement, which would have happened before legal advice had been given from the government.
We had great discussion around the timelines of what was said when we were in government or when government was sworn in versus when the confidence and supply agreement was in place or not. In fact, the minister made that very clear as well, that they were not in government at the time, so in fact, no, they’d never said in government that “we are out to stop the project using every tool” to stop the project. That was said about three weeks ago. Again, everything the minister has said today would validate both statements.
I don’t think there’s any question, that the minister has not misspoke. In fact, it’s been documented over and over and over again. However, not to proceed with the project…. “That’s what we said we would do. That’s exactly what we’re doing.” That was the Premier today. That is totally contradictory to everything the minister has said. I think we’re probably going to have to agree to disagree on this one. Others will have to decide whether or not the Premier has indeed misspoke.
I think there’s very clearly a difference in phrasing today versus what we’ve heard any other day leading up to today. In fact, earlier, answering similar questions, the Premier did not phrase it the same way, which is why I use the term “misspoke,” trying to give the benefit of the doubt to the Premier that perhaps he did misspeak. But as we’ve heard, that was twice there.
I’ll move on from that. I guess the question I would move on to is really more around the spill responses. A lot of this discussion is predicated on a document that is worried about spill response and coastline protection. I have note that there have been several meetings with Washington state in recent days and over the last short while.
I’m wondering. With the interest of shoreline protection happening and the interest that appears to be coming from the Washington state governor towards what’s happening in Canadian waters and out of our port, did those discussions also involve working on an agreement with Washington state to restrict any transportation of goods within the Washington state waters of a similar nature that the governor indicated there was support for the province of British Columbia?
Hon. G. Heyman: British Columbia has worked, as part of the Pacific states Oil Spill Task Force, for quite a number of years now. Ministry officials regularly work with our neighbouring coastal states within the United States, and they talk about spill preparedness and response.
[S. Chandra Herbert in the chair.]
Those discussions cover preparedness and response and recovery with respect to all petroleum products that are being transported. None of my senior staff have had any discussion with state officials, Washington or otherwise, about stopping transport. It’s been about oil spill preparedness, response and recovery.
P. Milobar: I’m wondering if what I’m hearing is that there doesn’t seem to be concern over an actual larger volume of tanker traffic in the exact same waters going to Washington state facilities and ports and refineries as there is around increased tanker traffic in those same waters coming out of a Canadian port and Canadian processing facilities.
I’m wondering if the minister can explain the difference our shoreline would see between a tanker from a Canadian facility — which causes more risk, apparently — than from a tanker from an American facility to that same shoreline.
Hon. G. Heyman: In answer to the member’s question, officials from Washington state and officials from British Columbia plan. They do joint exercises.
Obviously, officials on both sides of the border are concerned about any traffic on either side of the border that could have an impact on the Salish Sea, which knows no international boundary. Having said that, I know the governor of Washington state has expressed concern about what happens in Canada. Clearly, we’re concerned about what happens across the border, but as British Columbia’s Minister of Environment and Climate Change Strategy, I can only apply jurisdiction within our jurisdiction — certainly not across the border.
Chair, noting the hour, I move that the committee rise and report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:16 p.m.
Copyright © 2018: British Columbia Hansard Services, Victoria, British Columbia, Canada