Third Session, 41st Parliament (2018)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Tuesday, May 15, 2018

Afternoon Sitting

Issue No. 138

ISSN 1499-2175

The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.


CONTENTS

Orders of the Day

Second Reading of Bills

R. Sultan

J. Thornthwaite

R. Coleman

Hon. S. Robinson

Hon. G. Heyman

P. Milobar

S. Chandra Herbert

A. Weaver

A. Olsen

Report and Third Reading of Bills

Second Reading of Bills

S. Furstenau

Hon. G. Heyman

Committee of the Whole House

M. Morris

Hon. M. Farnworth

J. Thornthwaite

I. Paton

A. Olsen

Report and Third Reading of Bills

Committee of the Whole House

M. Morris

Hon. M. Farnworth

A. Olsen

Report and Third Reading of Bills

Committee of the Whole House

M. Morris

Hon. M. Farnworth

A. Olsen

Proceedings in the Douglas Fir Room

Committee of Supply

N. Letnick

Hon. A. Dix

T. Stone

T. Shypitka

D. Ashton

Hon. C. James

S. Bond

T. Redies

Proceedings in the Birch Room

Committee of the Whole House

L. Throness

Hon. K. Conroy

S. Furstenau

M. Lee

Hon. D. Eby

S. Furstenau

Hon. A. Dix

N. Letnick


TUESDAY, MAY 15, 2018

The House met at 1:32 p.m.

[Mr. Speaker in the chair.]

Orders of the Day

Hon. M. Farnworth: I call continued second reading debate on Bill 33, South Coast B.C. Transportation Authority Act. In Committee A, I call continued debate on the Ministry of Health estimates. After those are completed, I will be calling the Ministry of Finance estimates. Then in Committee C, the Birch Room, I’ll be calling committee stage on Bill 26, Child, Family and Community Service Act.

[R. Chouhan in the chair.]

Second Reading of Bills

BILL 33 — SOUTH COAST
BRITISH COLUMBIA TRANSPORTATION
AUTHORITY AMENDMENT ACT, 2018

(continued)

R. Sultan: I’m pleased to comment on Bill 33, the South Coast British Columbia Transportation Authority Amendment Act, 2018.

Deputy Speaker: Member, just a second. Sorry.

Hon. S. Robinson: Mr. Speaker, I move second reading of Bill 33.

Deputy Speaker: Member, now continue.

R. Sultan: This bill will add additional development cost charges pursuant to bylaws. The sorts of development cost charges will be applied, including capital costs, including planning, engineering and legal costs directly related to work for a capital project. The collection may be performed by municipalities, by Metro Vancouver or by UBC, which is singled out for special attention in the bill.

The issues raised by this bill are abundant and I’m sure will be explored in detail at committee stage. So let me just give you an overview of some issues and concerns.

[1:35 p.m.]

Section 34.21 says that subject to an agreement under section 34.31, the authority may, by bylaw, for purposes described in subsection (2), impose development cost charges on every person who obtains, for example, approval of a subdivision, a building permit, etc., for the capital costs of eligible projects.

These charges levied by the authority — and let’s remind ourselves that we’re talking about the South Coast British Columbia Transportation Authority — must pass muster by an inspector. Who the inspector is, is rather vaguely defined. We can let our imagination roll as to who might be given this plum assignment.

I think the core of the concept is one where those of us who attend meetings around the Lower Mainland, lamenting the congestion we face and the solution of mass transit, public transit, frequently switch to a discussion of development corridors and the huge amounts of capital expended, which may be taxed in what has been up till now, at least — it remains to see what happens — a buoyant real estate market. So we’ll just pile on some more development charges, and the development charges will pay for all of this new public transit infrastructure that we so desperately need.

That’s the theory, and it is very eloquently explained in great detail by the academics who tend to show up at these conferences. I’m sure it provides the intellectual underpinnings of this proposed legislation.

Let me say upfront I oppose the legislation because I lived through the last transit referendum. That was a rather clever idea. We recognized, as the provincial government, that new sources of income must be realized by TransLink if they’re to fulfil all of our public transit ambitions. But we felt, in our wisdom of the day, that we should not levee these taxes unilaterally. We should do it pursuant to a referendum.

The referendum ran something like this: “Would you like us to raise your taxes? Yes or no?” Well, it didn’t take even the leader of the Green Party to realize that maybe this referendum was going to be in trouble before it even got out of the starting gates. And so it was.

I think the lesson to be learned from this unfortunate episode is that not only must more revenue be acquired from some source in order to have the public transit which the Lower Mainland so desperately needs; it must be raised in a politically legitimate manner. Legitimacy is acquired by much more tedious steps than just asking people if they would mind paying an extra tax, because we know in advance what the answer is going to be.

Nevertheless, we now have this new government, boldly marching into the swamp of public transit and legitimacy, saying the authority is going to make all these decisions to put on development charges. They will be kept fair and square by somebody called the inspector.

I can assure you that in the riding I represent, this would not be a scheme greeted with pizzazz and acclaim. We have suffered for too long under a governance structure which is heavily weighted by population.

While we had, for a time, Mayor Richard Walton — a very well-versed accountant by training, a savvy political leader, the mayor of North Van district — as chair of the Mayors Council, when push came to shove, what happened? The mayors of Surrey and Vancouver decided: “Well, thanks for keeping the seat warm, Richard, but we’re pushing you out, and we’re going to elect one of our own, because we’ve got the votes. So if you don’t like it, tough luck.” And that’s what happened.

[1:40 p.m.]

That, more or less, is the political legitimacy presented to all of the encircling municipalities in Metro Vancouver today. It is a bad formula for raising the amounts of capital which are required, and I think this motion will only perpetuate the bad feeling that the people who have made these decisions do not represent all of us in a fair manner.

I might interject, also, that this entire process I see, between the lines, is suffering from an overdose of what I would call academic theorizing — that somehow, you could build a little academic model of how development occurs along public transit routes. Tall condominium towers are built. There is so much economic rent to be acquired, which we can bleed off to pay for the development of infrastructure, the mass transit itself. Everybody’s happy.

Having served as an academic with economic training, myself, for many years, I recognize the symptoms. I would say they infect not only the planning proposed for new funding of infrastructure for transit but the entire seven-point “let’s raise taxes in all directions” program of this NDP government — seven new taxes being imposed on my constituents. Count them.

Tracing down the origins, frequently we find that some professor, either at Simon Fraser or UBC, has come out with a great model that if only we raise taxes enough, all will be well, and our housing supply problems will be answered. I have to say: what first-year economics class did they attend which suggested that supply would be increased of a commodity upon which you’re going to raise taxes? Nevertheless, that’s the false advice that they end up giving, and I think, having been trained with supply-demand curves with price vertically on the left hand side of the chart, you interfere with price by fiddling with taxes, and from there, all sorts of mischief flows.

They, unfortunately, lack real-world experience, and I think we see that, as the realities of some of these taxation schemes now appear. It would appear to the casual observer, such as myself, that the government is scrambling, trying to make it all work with patchwork, in-transit — no pun intended — adjustments.

Back to Bill 33. It is, to give it its due, addressing a real and urgent problem. We should commend the government for doing its best, however flawed it might be, with this bill. At least it is trying to address an issue. The issue is that we need a grander vision for our public transit system in the big city, as I call Vancouver, and we need a grander vision for how we’re going to pay for it.

I think that the creaking, aging, somewhat tired structure of TransLink, as useful as it has been in its day, should be replaced with something bolder and more attuned with current-day realities. I won’t bore this assembly by offering my somewhat academically influenced theories on the subject, but I assure you they’re not going to be influenced by a supply-and-demand curve.

I had one or two other thoughts to offer before I leave the podium here. For the record, lest we believe that somehow it is the NDP that has discovered the need for transportation infrastructure, we should point out that on our watch, a huge expansion of SkyTrain, the South Fraser Perimeter Road, the immensely successful Sea to Sky Highway and the Port Mann Bridge were all built, and other structures as well.

[1:45 p.m.]

We were significantly along on a replacement for the George Massey Tunnel, and on behalf of the consulting engineering fraternity that I hang out with from time to time, I should point out that to have the rug abruptly pulled out from under that project grievously wounded the balance sheets of the major engineering companies involved, who had put up about $75 million of their own money to prepare proposals and design concepts which ultimately led to the structure that was under construction, before it was cancelled.

One of these firms is world renowned. It is a North Shore engineering company called COWI, formerly known as Buckland and Taylor. These people are so renowned that they have been retained to build the structures replacing the World Trade Center, which was destroyed in that tragic guerrilla attack by air.

They are eminent. They came up with the unique engineering approach which saved enormous amounts of capital costs. Now, since the project is cancelled, the documents seem to have become public property, including all of their good ideas, for which they are not being compensated.

To say that some elements of the consulting engineering community are not amused by the behaviour of this government would be an understatement because of the huge amounts of money that have somehow been evaporated on proposals that led nowhere.

The other point I would make is that in devising a suitable governance structure, we must, again, trust the people whose money we plan to spend, which means a democratic presence. Although the Mayors Council is a good attempt, it is curtailed and isn’t really quite the right answer. Nevertheless, they were on, and are on, the right track. I think to really leave these decisions up to regulation and to, heaven forbid, a cabinet in Victoria, staffed and advised by people who do not endure the daily agony of congestion in the Vancouver area, is not the way to do it.

Government by regulation, in my opinion, is inherently flawed. It smacks of dictatorial tendencies and, I think, is bred into Bill 33 to an unfortunate degree. Therefore, when this bill comes up for further debate, I will be speaking further against it.

J. Thornthwaite: I would also like to speak to Bill 33, intituled the South Coast British Columbia Transportation Authority Amendment Act, 2018.

First, before going specifically to the…. Oh, somebody wants to do an announcement. Okay.

J. Routledge: Thank you to the member.

I seek leave to make an introduction.

Leave granted.

Introductions by Members

J. Routledge: I have the pleasure of introducing Mrs. Sabina McCloskey and her Holy Cross Elementary grade 5 class and, I believe, some parents. Please join me in making them welcome.

Debate Continued

Deputy Speaker: The member for North Vancouver–Seymour will continue.

J. Thornthwaite: Resuming my remarks on the South Coast British Columbia Transportation Authority Amendment Act. Before I get, specifically, into the act, I’d like to go through a little bit of history with regards to all of the investments that our government did with regards to transit and transportation.

[1:50 p.m.]

To reiterate, we’ve been supportive of the Mayors Council, as was mentioned by the previous speaker. Our own mayor in the district of North Vancouver, Richard Walton, has been paramount in working diligently for the region and also for North Vancouver in his role as the chair of the Mayors Council, and we support his work.

As the member for Kamloops–South Thompson said earlier, since 2001, the B.C. Liberal government invested more than $18 billion in transportation infrastructure upgrades. That includes major projects in the Lower Mainland. Certainly, SkyTrain, the South Perimeter Road, the Sea to Sky Highway, the Port Mann Bridge everybody knows about. Personally, I have a favourite — the Highway 1 lower Lynn improvement project, $198 million to improve all those interchanges, the three interchanges, four phases. We are expecting that the first phase is supposed to be finished later on this year. Great. Everybody in the North Shore is ecstatic about that.

As the members opposite know, I’m still advocating for at least a consideration by TransLink to investigate the possibility of SkyTrain to the North Shore and, in the meantime, perhaps a B-line from Phibbs Exchange back and forth to match and connect us across the Iron Workers Memorial Bridge to the Millennium Line on the other side. Hopefully that will be coming. I will certainly be advocating for that.

The last budget prepared on this side of the House set aside $3.2 billion for a three-year plan, which, along with the federal investments, brought total spending to $4.6 billion. Totally with transit then…. Since 2001, ridership was up 47 percent, but funding increased by 132 percent.

Here’s a little bit of trivia that people might not know. B.C. provides the highest level of provincial contribution towards transit operating costs in all of Canada, more than two times the national average.

Since 2001, our government provided over $2.2 billion to TransLink. Even since 2008, there were significant investments of just under $1 billion, including the Evergreen Line; many, many bus projects; obviously, UBC and Surrey; rapid transit; expansion of buses across the region; expansion of SkyTrains and the West Coast Express; more SkyTrain cars; fare gates; and a new SeaBus. That is in addition to, with the Evergreen Line, $1.43 billion invested by the B.C. government and its partners.

To summarize, then, going ahead towards the last election, the B.C. Liberal government had matched the federal funding, and it set up feasibility studies on major new expansion projects, including the east from Evergreen Line towards Maple Ridge and Mission, into South Surrey, into Langley, Abbotsford and Chilliwack, west to UBC, across to the North Shore and up to Squamish.

I wanted to go through this just so that people realize that despite the rhetoric that’s coming from the other side, there were significant investments in transportation and TransLink and B.C. Transit with our government over the years that we….

Yes, as I said, we are very supportive of the transportation infrastructure programs, but we worry with regards to this bill that any off-loading of the costs of investment onto the homeowners during a housing crisis would have a negative effect on housing affordability here, in Metro Vancouver.

I know that some of my colleagues have already mentioned this, but I’m going to reiterate it. In fact, when it comes to housing affordability, one of the key issues that is very, very important for any government to consider is: if you start tacking on more fees, more permits, more taxes, etc., that will actually increase the cost of housing. It’s called development cost charge for high-density new housing projects.

Yes, the government has made some important exemptions, including for not-for-profit rental. But the single most important tool to address is supply, and this government has not done that. That’s encouraging more supply, densification along transit lines, speeding up the approval process in municipalities.

[1:55 p.m.]

We are going through those growing pains, actually, in the district of North Vancouver with regards to trying to balance the availability of housing that, for instance, the millennials can afford. Keep them on the North Shore. We all want our children to be able to be close to home and not have to move very, very far away. The district of North Vancouver and the city of North Vancouver are in the middle of a balancing act, trying to increase the diversification of housing. Obviously, the residents are concerned about density or concerned about traffic, etc. I know it’s a balancing act.

Something that we have to really, really focus on is the supply end of the chain in order to provide more options for people at all levels of affordability. I do worry about the piling on of all these costs and fees and taxes that might have an unintended consequence. We have seen during this session that perhaps many initiatives that have maybe good intentions…. When you look at the details and the range of people and, say, businesses that are affected, sometimes those negative consequences kind of come up to bite you in the you know what.

Anyway, what I was going to say is that the speculation tax, the so-called speculation tax, which we thought: “Oh, that would be really, really good because it would stop speculators….” But in fact, it doesn’t have anything to do with that. It was an extra tax on, say, cabins or inheritance or wealth.

Then, of course, there’s the famous employers health tax that actually will increase costs to non-profits, school boards and municipalities. Of course, many of the municipalities have come out publicly, and the mayors have claimed that this will not only increase property taxes but could have a negative effect on staff or a reduction in services or all three.

The member for Kamloops–South Thompson had mentioned a quote from the Urban Development Institute that from the year 2008 to 2018 — so in ten years — with all of the taxes, fees, permits, community amenities and all of this stuff piled on to increase the cost of actually building houses, it was a tenfold increase, or 790 percent, over a ten-year period. So anything that’s going to increase the cost of actually building houses would be a disadvantage.

In summary, for me, I definitely want to reiterate the importance of transit and certainly the investments in our public transit system, but I worry that these extra costs are going to just pile on extra cost to housing and negatively affect affordability of housing in Metro Vancouver. So that will be the reason why I will not be supporting this bill.

R. Coleman: I’m pleased to get up to talk about this particular piece of legislation. I’ll be focusing on the conversation around the development cost charges that are going to be applied to density in and around transit. I want to have that conversation in the context of some information that I want to share with the House.

First of all, I think what we forgot and have been trying to deal with for years is what the layered-on cost is before somebody actually starts to build on any single unit of housing anywhere in British Columbia. In some places, it’s called a development cost charge. In some places, it’s called a community amenity charge. Sometimes it’s both. Sometimes it’s got other intonations.

The challenge with it is this. For instance, the C.D. Howe Institute’s study that just came out in the last couple of days says that Vancouver has the highest additional costs put on housing prior to starting construction, which are community amenity charges and other charges against the housing, and that it totals $600,000 a unit. So before you pour any cement, before you buy the land, before you get your approvals, and before you actually get in the ground, it’s $600,000.

Now, the average across the Lower Mainland is anywhere from $250,000 a unit to $150,000 a unit. But it’s not any cheaper anywhere, and that doesn’t take into account the time. You have to have the money committed to be able to do a project when it takes four, five or six years to get in the ground.

It also might be the systemic issue that we face with regards to the fact there’s over 100,000-some-odd units in process on the Lower Mainland, in British Columbia, that are not getting built right now.

[2:00 p.m.]

The other thing that’s happening in the marketplace, something that people have to understand, is that cost is tough. But the other cost that’s tough is being able to get a project financed if you want to build it. Let’s assume you want to build a 100-unit building of condos. In order to approve the financing for that, you need to get 75 percent of that building presold. Today, because of the taxes that have been put in place, presales are actually evaporating.

There are $300 million of construction projects in the city of Kelowna alone that are on the shelf because of presales. They were people wanting to have a secondary residence — people from Alberta, Saskatchewan or even Ontario — who had presales, ready to buy, who said: “Whoa. I never knew I was going to get an extra tax, so I actually am going to step out my contract.” Presales evaporated. So those projects will not get financed and will not get built. Somebody has to finance it, and there are rules around this with both CMHC and banks as to what they’ll finance.

I want to give you a couple of other examples where I think some vision…. I’ve had these conversations with various cities over the years to try and see how they could move their vision forward, and I think there’s an opportunity in some of this. In the city of Vancouver now, in downtown towers that will get built, 20 percent of the units in the buildings will be for social housing. That means that a developer builds them and gives them to the city, which then hands them off to a non-profit to operate them for social housing.

I think they need to come out of their box. This is no new story for them, because I’ve actually told them this in the past. Think about that as 20 percent of the building now being rental housing. Who do you want to have rental housing for, in addition to social housing? One of the biggest complaints in cities like West Vancouver and in Vancouver elsewhere is that people who actually do the services in the community — nurses, teachers, police officers, firemen — can’t afford to live in the city. I know that, because over 600 police officers alone live in my riding and serve elsewhere all around the Lower Mainland, including Vancouver city police, West Vancouver city police and others.

The opportunity is: why don’t you try some affordable home ownership deals, where you can actually have some caveats put on it to allow people who work in the city to buy, stay or rent in the city and actually change that dynamic? You can’t just have it all dedicated to social housing if you really want to have some affordability in the marketplace for your people.

Now, we should remember that when that 20 percent is paid for, the people on the floors above pay for that in the price of retail when they buy there. They’re paying for the 20 percent, because it’s in the retail price.

The other thing that concerns me about this particular bill is that it’s a small development cost structure. When I was in the business back in the ’80s, it was a small development cost structure. It was $5,000 to $10,000 per door. In my community, at the time, it was $15,000 a door. Now it’s $60,000 a door. What’s going to happen when it starts at $300 to $600 per unit in the additional transit development cost charge? Already people are talking about it going to $1,200. It’ll just bump, bump, bump, and it’ll go right down to the retail price of the house and will affect housing affordability.

I want to give you another example. In the city of Burnaby, you can get 2.5 density. If people don’t understand what that means, you can take the land base and get a multiplication of square footage going up into your tower, and that’s what you can build. Now, you can take that density up for another 750,000 to one million square feet if you want to go higher.

In Burnaby, in addition to the development cost charges that are already pushing up around $250,000 per unit, to go bigger and do density, which I actually support…. You would think that density would bring more affordability into the marketplace, but not in Burnaby. For the extra 750,000 to one million square feet that you were allowed, the development cost community amenity charge is $350 a square foot. Every thousand-dollar unit has another $350,000 charge on it that goes directly into the pocket of the city of Burnaby, which still doesn’t have a contract with its fire department that’s over three years old. It doesn’t make any sense.

If you want affordability as a local government, you need to understand that and how it can work. There’s no community that I know of that’s in the development side that’s got this right.

[2:05 p.m.]

For years we’ve tried to figure out ways that we could actually reduce that cost, streamline the cost for development, get housing into the marketplace, but it’s in the control of local government.

As we go through that, let’s remember that what we want in the end is affordable housing. We want rental housing, which would allow for the 20 percent in Vancouver, which they could be really flexible and very ingenious with, if they want to be, and do some really creative things. But we need to do that in the context that it can actually get built.

Now, on top of $350,000 for an expanded unit in square footage in Burnaby, add in the $250,000 you’re already paying. All of a sudden, this new tax, this DCC…. I’ve watched DCCs for 20 years plus. They don’t go down. They go up.

For the next SkyTrain station along the corridor out to UBC, don’t be surprised, if this legislation gets passed, that it could be $10,000, $20,000, $50,000 within a couple years. Because it will be seen as an opportunity, and nobody understands the trickle-down effect of that amount of money for the ability for people to live there, buy there, rent there or find other opportunities in housing. We have to understand that the input costs in housing are staggering.

Can you imagine? You want to buy a home. Let’s say you want to buy a very small condo in Vancouver. It’s $1.6 million, because the costs in Vancouver are very high. Imagine if you figured out that the actual cost of that condo could be $1 million because $600,000 of your price is going to local government. It’s not going into the other infrastructure, because a lot of it’s already in place. In downtown Vancouver, that is particularly true.

As we go forward with this, let’s remember that today…. That’s why I just don’t believe another development cost charge is going to give you one cent of affordability in the future for housing, which is what you want to accomplish.

I think we should look at how we’re doing that 20 percent in downtown Vancouver, or the city should, and actually split it up. Have some that could be co-op; some that could be affordable home ownership; some that could be pure rental and affordable, below-market rental and social housing. You can diversify the concern and actually address some of the things that that city is dealing with.

The other thing is that if we’re going to get there on affordability, at some point in time we have to recognize the fact that we need to speed things up. We could speed up the process for rezoning. But remember on the back end. The more you layer on the front and the more presale customers you take out of the marketplace…. You can have it all approved, all 100,000 units approved tomorrow, but you can’t get it financed if there are no presales, and right now in British Columbia, we’re killing presales.

That’s what we should keep in mind when we deal with this bill.

Deputy Speaker: Seeing no further speakers, the minister to close the debate.

Hon. S. Robinson: I had a chance to listen to some of the debate here in this chamber, and I just want to close with a couple of remarks.

I have never met anyone who likes to be in traffic. I think it’s definitely something that everybody in this House can agree on. I’m confident that everybody in this chamber gets frustrated by traffic and by congestion. Making sure that we have a robust transit system, one that meets the needs of a growing Lower Mainland — remember, we have a million more people coming to greater Vancouver — is critically important to reducing congestion.

I do want to say that I know that there was some acknowledgement of TransLink’s project costs continuing to escalate. It’s continuing to escalate because the old government, the members on the other side of the House, refused to work together with the Mayors Council, refused to work together with TransLink, refused to actually act and make the projects viable. When you have a failed referendum, which was doomed from the start — of course it just caused delay. So if people in this chamber are frustrated by delay, I think it’s because the previous government caused those significant delays that have resulted in escalated costs.

The other thing I want to point out. I heard, certainly, a bit of commentary from the development community and what some of the big developers have been complaining about, but I also have a developer who understands the value that transit will bring to their projects.

I want to speak, specifically, the words of Jason Turcotte from Cressey Developments, which is a significant developer in our community. They’ve come out in support of this, mentioning on News 1130: “If new development is going to continue to become available as a result of transit expansion, then new development should help to fund it. I really think the two things go hand in hand, so it makes sense that you have a direct correlation.”

[2:10 p.m.]

Now, the other comment I want to make has to do with the concerns that I heard from the other side around how it’s just going to increase the cost of housing, therefore making it less affordable. First of all, this includes a role for the inspector of municipalities, who will play a significant role to ensure that the rates will not deter development or discourage the construction of reasonably priced homes. So we’re pretty clear that that’s here in this legislation.

The other thing I want to point out is that when you have some fees, because it does cost local governments to move projects along…. If you were to remove the fees…. Let’s say we said: “Okay. We’re removing all of those fees.” If anyone in this House believes that suddenly the house prices are going to reflect that removal…. Remember. This is the marketplace, and the market determines that.

I’m not worried about what members opposite have been saying in their comments. We have put some safeguards in there, and this is going to be an important piece of legislation that gets people out of congestion in the Lower Mainland.

With that, I move second reading of Bill 33.

[2:15 p.m.]

[Mr. Speaker in the chair.]

Second reading of Bill 33 approved on the following division:

YEAS — 43

Chouhan

Kahlon

Begg

Brar

Heyman

Donaldson

Mungall

Bains

Chen

Popham

Trevena

Sims

Chow

Kang

Simons

D’Eith

Routley

Ma

Elmore

Dean

Routledge

Singh

Leonard

Darcy

Simpson

Robinson

Farnworth

Horgan

James

Eby

Dix

Ralston

Mark

Fleming

Conroy

Fraser

Chandra Herbert

Rice

Krog

Furstenau

Weaver

Olsen

 

Glumac

 

NAYS — 38

Cadieux

de Jong

Bond

Polak

Wilkinson

Lee

Stone

Coleman

Wat

Bernier

Thornthwaite

Paton

Ashton

Barnett

Yap

Martin

Sullivan

Isaacs

Morris

Stilwell

Ross

Oakes

Johal

Redies

Rustad

Milobar

Sturdy

Clovechok

Shypitka

Hunt

Throness

Stewart

Sultan

Gibson

Reid

Letnick

Thomson

 

Larson

Hon. S. Robinson: I move that the bill be referred to a Committee of the Whole House to be considered at the next sitting after today.

Bill 33, South Coast British Columbia Transportation Authority Amendment Act, 2018, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.

Hon. M. Farnworth: I call second reading, Bill 34, Greenhouse Gas Reduction Targets Amendment Act.

[2:20 p.m.]

[R. Chouhan in the chair.]

BILL 34 — GREENHOUSE GAS REDUCTION
TARGETS AMENDMENT ACT, 2018

Hon. G. Heyman: Hon. Speaker, I move that this bill amending the Greenhouse Gas Reduction Targets Act be read a second time.

Bill 34 sets the foundation for this government’s climate strategy. It makes two very significant changes for how we address climate change in this province.

First, the amendments will revitalize the greenhouse gas reduction targets to set a clear path to the 2050 legislated targets. These targets will ensure that we stay on the path to achieve an 80 percent reduction in emissions below 2007 levels by 2050.

Second, the scope of the act will be expanded to cover how this province adapts to climate change and how, as a government, we are accountable for the adaptation measures that we promote and that we offer to assist communities around the province to do.

Specifically, the amendments make the following changes. The Greenhouse Gas Reduction Targets Act is renamed the Climate Change Accountability Act to reflect the expanded scope of this bill to cover targets, carbon-neutral government and climate risk.

Next, the greenhouse gas emission targets are reset by repealing the 2020 emission reduction target of 33 percent below 2007 emission levels, which the previous government, as well as the 2015 climate leadership team report, said simply could not be met. We are simply too far away. In fact, in the period of time from 2010 to 2015, under the previous government, our emissions rose by 4½ percent instead of continuing to decline.

We will add new targets. We will add a 2030 reduction target of 40 percent below 2007 levels, as recommended by the climate leadership team of the previous government in 2015, which was not adopted by the previous government, and add another target on the pathway to 2050: a 2040 reduction target of 60 percent below 2007 levels. Taken together, these changes will create a clear path for the 2050 target of an 80 percent reduction from 2007 emission levels.

But it takes more than setting a target in legislation. We need to develop a strategy. That’s exactly what we will be doing over the coming months. The bill assists that by enabling the minister to set sectoral targets by order. Sectoral reduction targets were recommended by the climate leadership team, and they’re typically grouped by emissions sources. One of them is buildings and homes, another one is transportation, and another one is the industrial sector.

Sectoral targets provide clear policy direction and enable us to work with the change-makers, with communities, with entrepreneurs, with the private sector, as well as with government agencies while we recognize the unique characteristics of each sector, the capability of each sector. Where we see greater opportunities in one sector, we can avail ourselves of those opportunities.

Finally, the amendments will prepare B.C. for managing the risks of climate change. We know that climate change is already upon us. We know that even if we stopped emitting today, the impacts of climate change would continue. Emissions are happening around the world, as well as in B.C., in Canada.

Those concentrations of greenhouse gases will continue to have devastating impacts on weather. We see that in wildfires. We see that in floods. We see that in unpredictability. We see that in changing growing zones, whether it’s for trees or agriculture. We see that in the movement of species as they need to find new habitat that will support them.

Beginning in 2020, the province will be accountable to British Columbians through reporting on the current and predicted climate risks. In addition, we’ll report on the plans, actions and progress that have been taken to mitigate current as well as future climate risks and to adapt to those risks that are unavoidable.

[2:25 p.m.]

The amendments to the act will also enable regulations that collect information from public sector organizations, such as school boards, that relates to how B.C. is preparing for climate change through both mitigation and adaptation measures. Together, these amendments will ensure that British Columbia is well positioned to manage the risks associated with climate change.

Bill 34 and the establishment of revitalized climate targets is the first step in developing a new climate strategy for British Columbia. Over the coming months, we will conduct a careful and thorough consultation with British Columbians to inform our actions.

We will use the newly established Climate Solutions and Clean Growth Advisory Council, which has already made a number of recommendations to government which we have made public, to advise us on the opportunities of taking action to address climate change as well as impacts and threats to British Columbia’s economy, families, communities and individuals, which we need to be mindful of as we design policies — policies that we wish to minimize negative impacts while maximizing economic opportunity and opportunities for more affordability as well as for a more comfortable, predictable and stable life for families and communities.

I will give a small example of some of the things that we already are planning to do. As part of the increase of the climate tax, the carbon tax, which began this April with a $5-per-tonne increase, we will be giving a significant percentage of that incremental tax back to low- and moderate-income families.

[L. Reid in the chair.]

We will also establish a clean growth incentive fund to assist large industrial emitters — to assist them in both making changes to reduce emissions as well as to approach world-leading benchmarks on emissions so that we remain competitive. We protect jobs in British Columbia while reducing our emissions.

We will be making a number of announcements over the coming months about opportunities to reduce emissions, opportunities that will be examples of how we flesh out a climate strategy plan for British Columbia. It’s a plan that will continue to be iterated and reiterated into the future and a plan that, coming this fall, will show British Columbians that this government is serious about addressing climate change, serious about making life better for communities, serious about providing great economic opportunities for families and communities throughout B.C.

It’s not a choice between climate action or environmental action and the economy. The truth is that the two are inextricably linked — today, tomorrow and into the future. By addressing these issues together and seizing opportunities to build a modern, diverse, low-carbon economy, cutting carbon pollution, we can show leadership for Canada. We can show leadership for the world. We can show our determination and intention to address the greatest challenge of our generation in a way that seizes the opportunities before us and that encourages others to join us.

The strategy will set B.C. on a path to ensure that we use less energy, that we make life more affordable, that we invest in innovation and new technologies and that we truly build a better British Columbia.

I’d be happy now to take my chair. I look forward to the contributions from other members as we will engage with all British Columbians to build the plan for the future.

P. Milobar: It gives me pleasure to rise and speak to Bill 34. I think the minister and I might have a different interpretation of words and language — what, specifically, the word “significant” means. We heard the minister say that this bill creates significant changes to the Greenhouse Gas Reduction Targets Amendment Act of 2018. I would suggest to you that the most significant change in this bill is actually the name changing to the Climate Change Accountability Act.

[2:30 p.m.]

I would like to address a few of the changes in this bill and further explain why this really does not pose any significant changes whatsoever to the original Greenhouse Gas Reduction TargetsAct from 2007, when you go through and read. In fact, it’s almost word for word the same except for a few changes.

When you look at the section 2 amendments, at first blush it sounds very impressive that we are removing the 33 percent reduction of 2007 levels by 2020 and replacing it with a 40 percent reduction by 2030. However, given that the end point of an 80 percent reduction by 2050 is still the ultimate goal, the only way to get to that 80 percent is to have a 40 percent reduction from the original plan by 2030 anyways.

All this plan has done is put in writing what was already the preset trajectory for greenhouse gas reductions over the course of time. In fact, this was confirmed by the minister’s staff during a briefing on this as well — that the trajectory of emission reductions has not changed, with this bill, from the 2007 bill at all. What we see is an updating of dates, the natural percentage number that would go with that date. But according to the ministry staff, that’s the exact same number that would have been in place from the 2007 plan — hardly a significant change to the plan of how we’re going to tackle greenhouse gas reduction.

We hear the scope has been expanded. Well, the only scope of any change to this plan, based on what we’re reading today, is that now, by regulation, instead of coming to this House to make these sectoral changes in targets, the minister is empowering himself to be able to make those sectoral targets.

That makes one pause, I think, to consider the implications that has, as we embark — getting closer and closer to a final investment decision — on LNG plants in this province. When you consider that the government is on record as saying that LNG will not be subject to carbon tax and we now see the only change — other than the name change in this bill — being the minister granting himself the ability, by regulation, to make sectoral targets, it does connect, I guess, when you consider the possible investment decision on LNG.

Now, I fully support a final investment decision for LNG. I think it’s safe to say our caucus has been very clear that they support the LNG industry. But I find it interesting that we are now establishing, by ministerial regulation — instead of needing to come back and update in this House, through this type of a process — what those targets will be.

There are no new targets in this bill. As I say, the targets for 2050, as the minister acknowledged, are still 80 percent of 2007 levels by 2050. That’s what was in the original bill in 2007. In the original bill in 2007, the target for 2030 would have been a 40 percent reduction of 2007 levels. What we see here today is a reduction in 2030 by 40 percent of 2007 levels. Again, identical to what was presented in 2007. In fact, one would be hard pressed to find any changes of any significance, to use the minister’s language.

Now, I think it’s safe to say that everyone is quite interested in what techniques, tactics and incentives will be used moving forward to try to get to these targets — because, as has been proven, it’s not from lack of trying that we’re not able, at this point, to chart to 2020. There has been a great amount of work done. There has certainly been a lot of work done when you want to talk about building codes, when you want to talk about transit corridors, when you want to talk about areas of government buildings and municipal buildings and the streamlining of those operations to try to reduce emissions in those sectors. There absolutely has been a lot of work done in there.

[2:35 p.m.]

But this is a tough nut to crack. It has been a tough nut to crack everywhere around the world. It doesn’t mean we shouldn’t keep trying. It doesn’t mean we shouldn’t keep redoubling our efforts, and it doesn’t mean we shouldn’t have targets, but I think we should make it clear to the public that the fundamental targets haven’t changed. This bill does not change those targets. The real question will be, moving forward into the fall: what types of regulation, what types of incentives for heavy emitters within the industrial sector, come forward?

What types of changes may people have to see to their home environment, in terms of potential legislated rules around energy efficiency and older housing stock, energy efficiency in newer housing stock? I know, when you talk with the building associations, there gets to be a tipping point where you’re investing a lot of money to save an extra 1 percent or 2 percent on a home. That’s going to have to get taken into account. Unfortunately, we don’t see any of that today.

Although I can appreciate that we’re reaffirming the original targets set out by the previous government in 2007, until we get more detail, until we see the true impact, until we see how the yearly increase to the carbon tax, which is no longer revenue-neutral, will be implemented for a path forward, there is no clear path, as the minister has said this bill provides.

This bill does not provide that clear path. This bill reaffirms a very clear target that was set, back in 2007. It doesn’t increase that target. It’s certainly not a bill that you would consider the proverbial moon shot bill to try to accelerate a reduction in climate action. In fact, even some of the finer-point details, like an every-two-year update on even-numbered years, is the exact same language.

All of those, I think, are necessary, but let’s not kid ourselves. This is fundamentally the exact same bill as the original, which is: “The title of the Greenhouse Gas Reduction Targets Act, S.B.C. 2007, c. 42, is repealed and the following substituted: CLIMATE CHANGE ACCOUNTABILITY ACT.” That is the only true change in terms of outcome in this bill, other than the minister, by way of regulation — not by way of legislation, not by needing to come back to this House — providing himself the authority to set greenhouse gas emission targets for individual sectors.

One can only assume the reason this bill, with so little change in it, needs to be dealt with now, instead of in the fall, as part of a comprehensive package — when the other changes would be being brought forward from the great work the committee is doing for the minister — is because of the concern that there may be a final investment decision for LNG sometime this summer. If that’s the case, the minister would clearly need to have the ability to make sure that they had peace of mind and comfort that they would be, indeed, exempt from carbon taxation with that final investment decision.

Again, we support LNG. I don’t want to try to confuse that part of the discussion. But that’s the only reason I can see, with so little change in this bill, for this bill to need to come forward right now: to ensure that that happens.

Although this side of the House has always firmly supported LNG, and the government has now warmed up to the concept of LNG, obviously we will be supporting this bill. I know others in this House have made very clear statements around their support, or lack thereof, for LNG and the seriousness of what happens if LNG is courted. I look forward to hearing comments from other members of this chamber around (b)(4), in terms of the minister establishing greenhouse gas emission targets for individual sectors, by regulation.

[2:40 p.m.]

Certainly, this bill, although it does make very clear what a 2030 target was…. Again, that target was the exact same as was laid out 11 years ago now, in 2007.

We will look forward to seeing what the true changes in the fall will actually be and what the clear direction coming out of the other work and the update work in terms of targets and what people can expect for impacts and for the provision around increased carbon taxation — no longer revenue neutrality — and what that actually means to people in their daily lives, to industry in their daily operations, and in any serious, tangible way whatsoever to seeing any targets being met. Again, they’re the exact same targets as we saw in 2007.

Thank you for the time on this bill. I look forward to further questions in the committee stage.

S. Chandra Herbert: Well, it gives me pleasure and some hope to speak in support of Bill 34, the Greenhouse Gas Reduction Targets Amendment Act, which should it pass, will be renamed, I understand, the Climate Change Accountability Act.

Now, I think that’s important — accountability. I know that the speaker before me is a big fan of accountability. He says he is and really wants to hold people accountable in his job as the official opposition. In order to do that, I think he needs to understand the history of his own previous government, the party he ran with, which from 2010 to 2015, jacked up emissions when every known scientist that’s credible and anybody who cares about climate change would know that we have to be bringing emissions down, not increasing them.

Unfortunately, under the B.C. Liberals for the last, I guess, seven years, really, from 2010 onwards, their trajectory was to send emissions up. I understand the member spoke a lot about how, in this bill, the targets are the same, so really there was no point to change them, that it’s all fine. They were all going in that direction anyways.

Well, they weren’t, unfortunately. The reason that 2020 has been abandoned — 33 percent emission reduction below the 2007 levels in 2020, which we should have made, which we should have done…. Morally, it would have been the thing that I think any one of us would agree is the right thing to do when you consider the impact of climate change.

We didn’t get there because his government, under Christy Clark, abandoned any pretence of trying to act on climate change, claiming: “Well, you know, we’re acting.” Well, they were acting by increasing emissions. I know that for generations ahead of us…. They will be looking back at governments of this time and wondering what the heck we were doing when we knew the problem was there, when we saw the problems staring us in the face of climate change.

Burning gas. Burning carbon. Sending it up into the atmosphere. Burning methane, sending it up in the atmosphere. Doing all of those things that make climate change worse — make flooding worse, make forest fires worse, make the challenge to our species much worse. This is sending people fleeing from their countries as refugees because of climate change and is drowning islands in the South Pacific and whole nations because of climate change.

Well, we knew that, and many of us in this House were trying to raise the alarm. My friends who are, thankfully, now on the opposition side did not do anything about it at the time. They made emissions worse.

That’s accountability, I would say to the hon. member, that he should reflect on — that his party made climate change worse over the last seven years, not better.

I speak today about the Climate Change Account­ability Act because I want the government of B.C. to get back on the right track to reducing emissions — to following our obligation to our fellow citizens and preachers around this planet, to this planet Earth that we all rely on.

Today is my birthday, and I mention that because, well, I love birthdays. But I mention that because we all have an obligation to this earth, I believe, through being born onto it. That obligation is to leave it as a better place for the future, not a worse place, and to reflect on our children and our children’s children and on into the future. We need to be bringing climate change emissions down and fighting greenhouse gas emissions now, and not doing the opposite.

By setting a target of 40 percent below 2007 levels by 2030, that sets us a new benchmark. I’ve got to admit I’ve given the minister a few words, and I’ve certainly shared that with the former Environment Minister as well. We need to find a way to hold politicians accountable for these promises around climate change targets. I know that certainly voters do. The argument is that they will, and some would say that’s why the Liberals lost a number of seats last time. Others will say that didn’t reflect at all.

[2:45 p.m.]

I think that there are other things that we need to think about. I’m hoping, through this legislation, that the idea of having the minister put out, every two years, a report on the risks to B.C. from climate change and what they’re doing to meet those risks would help to create an accountability loop that we could connect to.

I know there’s a time lag between when the emissions go up into the atmosphere, when the planet gets hotter and when the politician might be held accountable for that. You create emissions today, and the heat may not be felt for a while. We’re dealing with a lot of the impact from the burning of coal and so on, years ago now, because of the time lag between the actions we take now and when they impact the planet.

It would be hard in some ways to hold an individual responsible for climate change, because of course we all are. But we really do, I think, need to reflect on: how do we make sure our governments are responsible in taking that into account? We do that for budgets. If somebody doesn’t meet their budget, their salary is reduced a bit.

I jokingly asked: “Well, maybe we should do that for ministers too.” They might take it a bit more seriously if they saw their salaries shaved if they didn’t meet climate change targets — the challenge, of course, being the time lag. Maybe a minister would be held responsible for something they had no hand in doing. I suppose the argument would be: if we followed the 2020 target and we didn’t meet it because the B.C. Liberal government didn’t do anything to fight climate change and an NDP cabinet minister got their salary cut…. I could see why some people would have a challenge with that.

I’m hoping that we start broadening and that the Auditor General broadens their scope around what we audit. We often audit the books. You look at the numbers, the finance, the dollars, the cents. Do they add up? Do they track? Was it value for money?

I hope that we keep just as firm an eye — and we take a closer eye, I would argue — on carbon emissions, climate change emissions, and that we really track those as well, because you can’t act if you don’t have the data. For a while, we’ve been lacking data to see how much the emissions increased under the former government. I know the minister said that from 2010 to 2015, they went up 4.5 percent.

It doesn’t sound like a lot, but it does sound like a lot when we understand that emissions didn’t go down that much in 2008 to 2010 after the bringing in of a carbon tax and a major recession. Emissions did go down but not by a huge amount, and then they just bumped right back up.

We only have a steeper hill to climb from here on out if we’re going to reduce emissions by 40 percent below 2007 levels by 2030. That’s 12 years from now. A 40 percent reduction of our climate change emissions in 12 years — we shouldn’t kid ourselves. That is a very difficult thing to meet, because of course, many people…. How did they get to this building today? They might have driven a fossil-fuel-combusting car to get here. They might have taken the bus, which in many cases uses fossil fuels.

How did they heat the water for coffee they had this morning? Well, maybe it was with an electric kettle; maybe it was on a stove burning gas. I know, depending on what part of the province you are, there are different prevalence levels of that. Maybe they heat their home with gas to stay a little bit warmer. That’s a fossil fuel.

If we’re going to cut 40 percent of our emissions by 2030, all of those issues need to be acted on now, and that takes a while. I’ve talked to many apartment owners, strata condo owners and others in my constituency. In some cases, their boilers come up, and they go: “We need to buy a gas-burning boiler to heat the water that people want for their hot shower in the morning.” In some cases, solar can supplement if not outright replace that, and certainly, the costs are looking a lot more affordable to do that. But many people don’t think about it.

Gas prices are low right now, so they say: “Well, they’ll always be low.” They don’t factor in the climate cost of burning the gas and so may not make that transition. Well, if in 12 years we need to cut our emissions, by 2040, a whole lot of us are going to be needing to make those kinds of transitions — moving to the electric car if possible, moving to walking, biking, as many of us do. I think Bike to Work Week is upon us. Certainly, that’s how I choose to get around most of the time.

There’s a lot of change we need to make, and I’m glad that we’re started on that path. I look forward to seeing the plan to get us to these target levels because a target is just a target unless you actually act on it. We’ve seen what happens when you don’t act to meet your target: you miss it, and you miss it by a long shot. You burn gas, and you make the climate problem worse.

I’m hopeful that we can actually meet the target and then some, because I think there are generations — my generation, the generation behind me, younger than me, and so on…. All we’ve seen is political parties make promises about fighting climate change and then break them.

[2:50 p.m.]

I think the federal government, through the ’90s, made all sorts of talk about meeting the Kyoto protocol and did barely anything to actually meet it and blew past those numbers. We saw that under the Christy Clark government. We saw it under the Stephen Harper government. They made grand plans and then did nothing to actually meet them.

I’m committed to working my butt off to make sure that we actually meet the targets, because I think it’s important for my generation, for the generations to come, for our elders, for our planet, for the very thing that gives us life, the Earth. If we don’t do it, we as a species are facing incredible calamity. If we do take action, we’re already facing real, real challenges because of the inaction of previous governments and previous generations.

It’s my pleasure to speak in support of this bill and of continued action to actually fight climate change. It’s our obligation. We must do it.

A. Weaver: I rise to speak in favour and support of Bill 34, Greenhouse Gas Reduction Targets Amendment Act, 2018. This act is putting forward a number of amendments to the original Greenhouse Gas Reduction Targets Act, which was assented to on November 29, 2007. That act has three parts to it: one with respect to future greenhouse gas emission targets, one with respect to a carbon-neutral public sector and one that had some general provisions.

It is on the first part that the amendments are being put forward today, under three main areas. The first, of course, is that new targets are being added for 2030 and for 2040. The government is proposing a 40 percent reduction of greenhouse gas emissions by 2030, relative to 2000 levels, and a 60 percent reduction, relative to 2000 levels, by 2040.

In addition, we know that there are sections being added here to give the minister executive power, through the Lieutenant-Governor-in-council, to provide sectoral reduction targets as we move forward.

In addition, and in direct response to the federal Auditor General’s report, the government is proposing to have, starting in 2020 and reporting every two years after that…. A report will be introduced that will discuss the determination of the risks that could be expected from changing climate, the progress that has been made toward addressing those risks, the actions that have been taken to achieve that progress and the plans to continue that progress.

I’d like to go back to the original act in 2007 that’s being amended. To me, that was a very important time in my life, because 2007 was the year in which the IPCC — that’s the Intergovernmental Panel on Climate Change — released its Fourth Assessment Report: Climate Change. In that year, they also received the Nobel Peace Prize.

I remember that year very, very well. I remember that year because of the fact that the B.C. government at the time, under the leader, Gordon Campbell, decided that this was an opportunity that B.C. could not afford to miss out on. Gordon Campbell, the Premier at the time, recognized, as did his Environment Minister, Barry Penner, that having a climate change and greenhouse gas reduction strategy is essential to having a vision. It’s, essentially, exactly the same as having a vision for a renewable, clean 21st century economy that brings prosperity not only for the present generation but also for future generations thereafter.

He recognized that the very first piece of legislation that needed to be introduced prior to bringing in steps to actually mitigate greenhouse gases was setting a goal. That goal, in 2007, in the act that received royal assent on November 27, was greenhouse gas reduction targets.

I sat in the audience proudly watching that day when the bill was read here. I see young children from a school here. I sat where they sit that day and listened to the minister at the time, Barry Penner, bring in this legislation. I felt proud to be a British Columbian. I told my colleagues around the world to look at the jurisdiction we had. I’ll come to that in a second.

It was not just about the goal, the target that was put in. It was the subsequent legislation that was brought through in a diversity of arrays.

[2:55 p.m.]

In 2007, something happened. Mr. Campbell, the Premier, recognized that what we need to do is we need to send a signal to the market in British Columbia that we are going to be leaders in the new economy. We see the emergence of a clean tech sector, we see the emergence of a renewable energy sector, and we see the emergence of investments by companies in reducing greenhouse gases. A lot of that was done by the subsequent measures that were brought in place.

I talked about the Greenhouse Gas Reduction Targets Act. That was a goal that subsequently was buttressed by a number of measures brought in through, for example, the Carbon Tax Act, which was assented to on May 29, 2008; the Greenhouse Gas Reduction (Cap and Trade) Act, which was assented to on May 29, 2008; the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, which was assented to on May 29, 2008; the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, which was assented to on May 1, 2008; the Utilities Commission Amendment Act, which was assented to on May 1, 2008; the Local Government (Green Communities) Statutes Amendment Act, which received royal assent on May 29.

We have the Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, which I already mentioned, and the Greenhouse Gas Reduction (Vehicle Emissions Standards) Act, another act assented to on May 29. Then we have the Utilities Commission Amendment Act. Finally, we have the Clean Energy Act, brought in on June 3, 2010.

During that time, as British Columbia was leading up to the Winter Olympics, a very strong signal was being sent to the market. I remember, as part of the Climate Action Team, the very first climate action team, the multitude of meetings that we had as we made recommendations to government about the types of policy measures they might consider. We were tasked primarily with coming up with interim targets for 2012 and 2016.

We came up with targets…. In 2012, we were putting forward targets that we believed that government should seek to reduce emissions by 6 percent, relative to 2007, by 2012. By 2016, the second target that we were tasked with providing recommendations for…. We came up with 18 percent by 2016.

Government was on track. In fact, it made its 2012 target, based on the policy measures that were put in place. We knew, and government knew at that time, through wedge analysis, that we were not going to make the target of 33 percent reductions by 2020 with the policy measures and those bills and statutes on the table. More needed to be done.

Despite what the member for Kamloops–North Thompson suggests, there was no plan for 2040. The fake numbers brought up about somehow this was part of the government’s plan…. I recognize that he wasn’t there, and he’d probably throw his hands up and say: “What do I know? I wasn’t there.” However, the reality is that I was there. I was there, working on the Climate Action Team. I was meeting with the Premier at the time, Gordon Campbell, and the Minister of Environment numerous times during that time in an advisory capacity.

As I say, again, I was proud to be a British Columbian. Mr. Campbell recognized the economic opportunity associated with dealing with greenhouse gases, associated with being clean instead of polluting.

All of this came to an end with a switch in leadership. The first crack in the wall or hole in the dike started in July of 2012 when LNG was excluded in the Clean Energy Act. Energy would have to be renewable unless it was being used in the compression of liquefied natural gas. That was the first act.

It became far more aggressive towards dismantling the policies. That culminated in 2014, in the Greenhouse Gas Industrial Reporting and Control Act, wherein we in this Legislature repealed the Greenhouse Gas Reduction (Cap and Trade) Act, which was assented to on May 29, 2008. We repealed that act, an act that business had actually sought. Even today, in speaking with heavy point source emitters, they wish that we had that legislation in place. Why, of course, is that we try to meet our targets.

We have to recognize that in our society there’s a diversity of emitters. There are large point source emitters, like cement manufacturers, like Rio Tinto Alcan, like pulp mills or paper mills. These large point source emitters are subject to the carbon tax, but the original intention back in the day, back in 2007 and 2008, was that….

[3:00 p.m.]

A regulatory framework was put in place. That enabling framework was there, through the cap-and-trade legislation, which would allow for the inclusion of large, heavy point source emitters while exempting them from the carbon tax. They’re still covered by emissions pricing, but it’s internal emissions pricing within heavy industry, which allows the most efficient investment of money to reduce emissions. They’re still covered by emissions pricing, but it’s internal emission pricing within heavy industry that allows the most efficient investment of money to reduce emissions.

This is the approach California has done with large heavy emitters. This is the approach Quebec has done. This is not the approach of some other provinces or certain states, but many jurisdictions around the world have cap-and-trade legislation or enabling legislation — some more aggressively so than others.

With the repeal of that legislation, large point source emitters were left wondering what to do. They were left troubled by the fact that they’re now going to be incorporated into an emissions pricing, a straight-up pricing, and that really what we care about is internally reducing our emissions in British Columbia by spending money on the most efficient and effective ways of doing that.

The Rio Tintos of this world that have spent billions of dollars on upgrading their facility to reduce emissions by 50 percent at the same time would potentially be in trouble if it’s suddenly only a carbon tax approach, as opposed to a cap-and-trade approach, which would have given them recognition for early adoption of measures that were subsequently brought in. That would be allowed and possible within the cap-and-trade system.

I still hope government, one day, will be bringing in that legislation. You don’t have to go far to find out where it is, because it’s right there in the legislation that we repealed in 2014 in the Greenhouse Gas Industrial Reporting and Control Act. As a little sidebar, you’ll recall that I proposed an amendment, which didn’t pass, to rename it the Greenhouse Gas Increase and Industrial Reporting Act back in the day.

Coming back to the issue of emissions. We now know, in British Columbia, that we have two new targets set in this bill — 40 percent by 2030 relative to 2007 and 60 percent at 2040 relative to 2007 — and the existing and old target of 80 percent by 2050.

Now why that 80 percent number is critical is that, while some might cynically say, “Okay, it means we don’t have to do anything, and other governments are responsible,” that number sends a signal to market, a very strong signal to market that government should listen to. That signal is this: we can no longer spend any more money investing in fossil fuel intensive infrastructure in the province of British Columbia today, because we know that we’re not going to tear it down tomorrow. Instead, we should be transitioning away from fossil fuels to renewables and the low-carbon economy.

We don’t build a coal-fired electricity plant to tear it down tomorrow. We don’t build an LNG facility — a two-train, a four-train LNG facility — in Kitimat to tear it down tomorrow. We build them to last 40, 50 years. We build them to last until 2050. Therein lies the conundrum that government has if it’s trying to talk on the one hand about LNG and on the other about meeting climate targets.

The previous government lost all credibility on that file, as they were talking 23 permits and five big plants. I mean, it was just outrageous, the rhetoric that was coming from the opposition, then-government, about wealth and prosperity for one and all from LNG that clearly didn’t transpire.

I recognize that the present government has taken the giveaway one step further with reduced electricity rates, exemption of increase in carbon tax. It has also talked about repealing the LNG income tax, which I hope my colleagues opposite will not support the repeal of, as we will not support here in the B.C. Greens. But coming back to that….

In 2007 — that is the reference point upon which all future reductions are measured against — we in British Columbia emitted 64.7 megatonnes of carbon dioxide equivalent.

Now, the carbon dioxide equivalent means that we know that methane, on a 100-year time scale, is much more powerful, as is nitrous oxide or certain CFCs or HCFCs. They’re more powerful on a molecule-to-molecule basis in terms of their absorptive ability on greenhouse gases. So we convert them, all those other greenhouse gas emissions, to the carbon dioxide equivalent.

We had 64.7 megatonnes. In 2008, we had 64.7 megatonnes of emissions again. In 2009, not because of any grandiose immediate policy — although we recognize that there was a very strong signal at the time sent to the market that the carbon price was going up, and there was investment at the time — emissions dropped to 61.1 megatonnes. Part of that, too, was because of an economic downturn that didn’t really hurt B.C. but hurt global economies.

[3:05 p.m.]

In 2010, we were down to 60.6 megatonnes, and in 2011, 61.1 megatonnes. In 2012 — and here’s where the policy shift started to happen — 61.9 megatonnes. In 2013, 62.9 megatonnes; 2014, 62.3 megatonnes; and 2015, 63.3 megatonnes. Every single year since the change of leadership of the previous government, emissions went up.

Why did they go up? It was because government sent exactly the wrong signal to market that you want to send if you want to head towards decreasing emissions. Government introduced exemptions on the deep-well royalty credit, not only for deep wells but now for shallow well. Heck, for any well, royalty credits now exist.

Did you know that ten years ago we used to get $35 or so for every 1,000 cubic metres of natural gas produced in the province of British Columbia, as a royalty — $35? Now it’s less than $3 as a royalty. It was more than ten times that just a decade ago. It’s going down still. At the same time, the production of natural gas has gone up and up. Why wouldn’t you take it out, if we’re giving it away?

Literally, we give this resource away, this beautiful resource, for applications that we yet have no idea of, in the future. We know that these molecules are very useful in the petrochemical industry. We know they’re very useful in other industries for creating fertilizer and creating methanol. We know that we can use our natural gas resources in a diversity of ways. Burning it is one of the most ridiculous ways, and frankly, generations after us are going to look to our generation and say: “Why did you squander that resource? Why did you burn it when the most powerful source of energy, the sun, is free, as is geothermal energy?”

Let’s come back to the targets, because it’s critical that we do that. I’ve pointed out that in 2015, now we’re at 63.3 megatonnes. That’s the last reporting year. For the next little bit, I’ll assume that we haven’t changed from that — not because that’s correct or wrong, but because that is the last year we have reporting data officially done for Canada in the United Nations framework convention on climate change.

So 63.3 megatonnes of CO2 equivalent from B.C. in 2015. Let’s suppose we know that we’re going to add a four-train LNG facility. Shell Canada talks about a two-train facility right now, but you don’t build two trains not to build four trains. So let’s suppose we talk about a four-train facility and that that’s really the direction we’re heading.

Well, we know, as I’ve mentioned already, that if we start at 64.7 megatonnes…. That’s the 2007 reference value that this legislation is referring to. We know that our 2030 target of a 40 percent reduction of that 64.7 megatonnes means we have to go down to 38.8 megatonnes by 2030, to 25.88 megatonnes by 2040, and to 12.9 megatonnes by 2050. So that 64.7 megatonnes in 2007, under the legislation before us, must drop to 38.8 in 2030, 25.9 in 2040, and 12.9 in 2050.

Now, if we’re going to add a four-train LNG facility, we’re going to add 8.6 megatonnes — that’s before some of the recent estimates that I could talk about shortly, about fugitive emissions — on to that. So our new reference case is actually…. Well, we’re basically adding 8.6 megatonnes to that 2015 value. The 2015 value was 63.3 megatonnes. We’re going to add 8.6, and we’re going to come up to 72.9 megatonnes. That 72.9 is our starting point — because we’re adding 8.6 — for reductions.

Let’s suppose that we know we’re going to put in a four-train LNG facility. We know that Shell won’t build that today to tear it down tomorrow. It’s going to last for several decades. They’re not going to invest billions of dollars just on a whim. It’ll last decades. So what does this mean for greenhouse gas reductions in every other sector?

Here are the numbers. We know that if we have a four-train LNG facility — that’s going to be constant; it’s going to be there; we’re not going to tear it down — then every other sector in our economy, other than that facility, must drop its emissions by 52 percent by 2030, down to 30.2 megatonnes, by 73 percent by 2040 and by a whopping 95 percent by 2050.

[3:10 p.m.]

Now, reflect upon this, hon. Speaker. One four-train LNG facility in Kitimat will produce 8.6 megatonnes of emissions that aren’t going to be around just for tomorrow and then we tear it down. That’ll be around for decades. If we add those four trains and we believe these targets that we’ve actually put forward, then we need every other sector of our economy to reduce its emissions by 95 percent. That means telling Rio Tinto Alcan: “I’m sorry, but you have to shut down.” That means saying nobody can drive fossil-fuel-combusted vehicles anymore, nowhere in B.C. That means telling heavy industry left, right and centre they have to shut down because we’re already at that with things like landfills, which we have to close down as well.

There’s a staggering disconnect. To be fair to the politicians in this room, it’s not just here; it’s globally. There’s a staggering disconnect between science and policy here in B.C., in Canada and internationally. I’ll come back to that again in a couple of seconds.

Leaders around the world signed, in 2017, something called the Paris accord, which committed…. Canada was one of the signatories of it. Despite the fact that Trump wants to get out of it, he can’t for years to come. It committed to keep global warming to below 2 degrees relative to preindustrial levels. They would actually keep it substantially below 2 degrees.

What can science say? It can say this. We know the world has warmed 1.1 degrees already. We know that 2016 was the hottest year on record, followed by 2015, 2017, 2014, 2010, 2013, 2005 and 2009.

For those people who’ve been following this climate change debate, like I have, for so many years, you should be asking the question: where were all those skeptics who said we’re in a cooling period? What happened to them? Are they finding some other argument now?

Believe it or not, scientific communities understood thermometers quite well for several centuries, and in fact, the world is warming, and we can measure it. Forty percent of Republicans in the U.S. don’t believe there’s solid evidence that the world is warming. Frankly, they don’t believe in the existence of thermometers. That’s the scale of that.

Coming back, we know the world has warmed by 1.1 degrees. We know that if we do no more, if we do nothing but keep existing greenhouse gas levels fixed at the present-day values, we’re going to warm by another 0.6 degrees. That takes us to 1.7 degrees, and we know that the permafrost carbon feedback is going to give us another 0.2 to 0.3. We know that if we do no more than just keep the levels like they are now, we’re going to warm towards 1.8 or 1.9. Yet emissions continue to go up year after year in places like Canada and elsewhere.

The disconnect that I mentioned about here in British Columbia extends globally. It’s particularly in Canada. I’ll come back to this in a second, but in Canada, Mr. Trudeau signs with a smile that we’re now part of the global agreement. On the one hand, he says: “We’re going to actually bring in place a climate plan in Canada to meet our Paris targets.” It’s actually Harper’s plan, but that’s an aside. I’ll come to that in a second. He’s done nothing, argues we need to build pipelines to have a climate plan. It makes no sense, because what Paris says, not only to Canada or British Columbia but to the world, is that effective immediately, we must turn the corner and stop investing in new fossil fuel infrastructure that will continue to be around for decades to come.

As I say again, we don’t build a coal-fired plant today to tear it down tomorrow. It’s about making the right choice of investments today that will affect tomorrow. I’ll come back to some of the ramifications and the importance of this bill later.

Coming back to federally in this context of meeting our legislation. Federally, ironically, people like me are beginning to look quite fondly upon the time of Mr. Harper because he did nothing on the climate change file — nothing at all — and Mr. Trudeau has done negative by stumping for pipelines.

It’s remarkable that we have this cognitive dissonance happening politically, federally, at a time when most of the world is actually recognizing the seriousness of this. Norway, for example, a nation that recognized that climate change is not only something to be concerned about; it’s also an opportunity. Did you know that 40 percent of new cars in Norway are electric? They’re electric today. Netherlands, India and other jurisdictions have announced that all new cars will be electric by 2030.

[3:15 p.m.]

Here in British Columbia, we have an opportunity for leadership. The first step in claiming that leadership is setting in place targets. It is those targets that allow the civil service, allow the modellers, to do their wedge analyses so that we can actually start to understand what the effects of certain policy measures are in terms of future greenhouse gas reductions. That work is ongoing as I speak. I’m very pleased that it is ongoing as we speak.

Coming back to the LNG relationship with this legislation. I’ve heard it say that LNG Canada is talking about a two-train LNG facility instead of a four-train. I’ve got the numbers for a two-train LNG facility as well, and they’re no different.

If LNG Canada invested a two-train LNG facility in Kitimat, all other aspects of our economy would have to drop their emissions from 63.3 megatonnes in 2015 to 34.5 in 2030, 21.4 in 2040 and 8.6 in 2050. That’s a 46 percent, 66 percent and 86 percent reduction — an 86 percent reduction, everything else other than LNG Canada.

These are big numbers. These are very big numbers, and very big numbers cannot be met without bold plans. That is what we’re looking forward to. We’re looking forward to seeing that plan, because frankly, I got into politics back in 2012, not because I saw this wonderful opportunity for a career in politics. That was not the intention.

It’s that I was involved very intimately with Gordon Campbell’s government and the development of the climate policy and climate strategies and his government — which, hon. Speaker, I note you were part of at that time — as they put British Columbia on the map as a leader internationally in both dealing with the challenge and recognizing the opportunity of what greenhouse gas mitigation does.

We were leaders, and then I saw that start to crack apart in 2012. I could not stand by and say to my students, who would come…. You know, I would talk in these classes about framing the whole issue of climate change as an issue of intergenerational equity, because it is. Today’s generation, our decision-makers, won’t have to live the consequences of our decisions, and those who do, better get participating in our democratic institutions, because they’re going to inherit those consequences.

They don’t. I would ask them: why don’t you vote? Why is it that 30 to 40 percent of youth between 18 and 24, until the last election, voted federally? They would say to me that all politicians are corrupt. All they want to do is line their policy…. I’d say to them: “No. No, that’s not the case. People go there for a right reason. If you don’t like them, run yourself or find someone to run, but this is the system we have.”

In 2012, I’m giving the same lecture, and I’m looking at myself in the face and saying: “I’m a hypocrite. I can tell them that if they don’t like what’s happening, they should run themselves.”

So I ran. I ran with the B.C. Green Party. Let me tell you, hon. Speaker. It is not the easiest path to this Legislature, as my friend from Saanich North and the Islands and my friend from Cowichan Valley will attest. Running with the B.C. Green Party, a party that had elected nobody before in any province, is not what you do if you’re looking for a political career in power. You do that out of principle. The same goes for my colleague Adam and my colleague Sonia.

We’re here. We’re here with 17 percent of British Columbians saying: “We support you.” We were very clear in our campaign that this defining issue of our time is one that we’re here to push, to ensure that British Columbia capitalizes on the opportunities. We can be laggards of yesteryear or we can be leaders of tomorrow. I think British Columbians want to be leaders.

We could talk about revenue. Revenue to natural gas was more than $1 billion a little over a decade ago. Well, a couple of years ago we actually lost money. Now we’re making a mere few tens of millions of dollars.

Hon. Speaker, I am the designated speaker. I noticed the light has come on.

We are not going to continue to bring wealth and prosperity to British Columbia if we continue to chase the economy of the past. We are blessed in British Columbia with resources — renewable resources and raw resources like minerals, like gas, like water, like forests. We are blessed with resources that we have a duty and a responsibility to steward for future generations, not only the resources themselves but also the environmental and social systems that surround them.

That’s why this bill is critical as giving the first step of those targets that will allow the civil service the wedge analyses to get there. For example, let’s look at the mining sector. British Columbia is blessed with a mining sector. We are some of the world’s leading miners around the world. Many of them started…. Some of them get bought up.

[3:20 p.m.]

Look at Teck Cominco — well, it’s now just Teck — an incredible asset to British Columbia. Teck’s a good company, a good steward of the environment. Teck would love to be able to use electric trucks. But there’s no technology out there. There’s an opportunity for B.C. innovation.

There’s an opportunity for B.C. to actually do what Norway is doing in replacing their ferries with electric ferries — with batteries built in Richmond, no less. Why are we not recognizing this innovative opportunity for heavy industry? Electric trucks. We’ve got lots of electricity. We’ve got a company like Teck, a global leader, ready to adopt. There’s an opportunity.

Here’s another piece of innovation out there. We talk about gas filling stations all over the place. You want to be a leader of the new economy? You recognize that you can get land really cheap on the highway between here and there, halfway between towns, and you could start to put a gas station there. But the gas you’re doing is actually electricity for electric vehicles. When you fill up in a high-voltage 400-volt charger, it’ll take you 30 minutes. You’re going to sit there. You have a cup of coffee. It’s an opportunity for innovation, to start to create charging stations. But that innovation needs government to get out of the way.

Right now in British Columbia, you cannot give away your electricity and ask someone to pay for it unless you’re a registered utility. I have an electric charging station at my house. I’d love to charge the member for West Vancouver–Capilano 35 cents every time he filled his electric car up. But I can’t.

Interjection.

A. Weaver: There we go. My colleague here would charge me 25 cents, and the free market starts to come to play here. Capitalism, free market economy — here we go. He’s charging 25 cents, and maybe my colleague there from Whiskey Creek will say: “I’m going to charge 20 cents, because I’ve got a First Nations, the Huu-ay-aht, who’ve got a generating station there, and they have excess power. We want to charge that power here. Let’s go.”

This is innovation. We in British Columbia used to be leaders in that regard, and now, sadly, we’ve fallen off that. This legislation is the very first step, the necessary first step, mirroring what was done in 2007 by Gordon Campbell, to get us back on the right path.

British Columbia has an electric car company, Electra Meccanica. Our colleague there ran in Vancouver–Mount Pleasant against the member for Vancouver–Mount Pleasant. This is the company that builds electric vehicles. It’s traded publicly on the NASDAQ. It builds electric vehicles in Victoria. But now, guess what. The factories are going to be in China and India. He’s got hundreds of millions of dollars of sales coming forward. In B.C., we should be doing that here.

We should be saying say to Terrace: “We get that you have some economic issues right now, because the oil and gas sector is hurting because the price has gone through the floor. But you are on a rail line between Chicago and Prince Rupert. You’re on that rail line, and guess what. We can get your goods manufactured there to market in both the biggest east coast and Asian markets.”

What we need is to attract manufacturing there, by recognizing that there’s a whole generation of manufacturers who want to be clean and good corporate citizens: B corp. — the legislation I just brought in a couple days ago — benefit corporations. We could give them that clean energy. We don’t have to double down on the economy of yesterday. We could say that Terrace is the place to go, and 100 Mile House. All of these small communities across our province have their own strategic advantages that make them the place to go for innovation and variety of areas.

Forest fire innovation. There is so much potential there, both in terms of the type of suits that people wear through the suppression techniques for innovation in the forest fire sector. We have innovation in the forestry industry, but we buy our innovation from Finland.

There was a government there that recognized that in order to compete, we can’t compete by racing to the bottom. We can only compete if we are smarter. Otherwise, we’re going to give our resources away. We’re smarter, and we’re more efficient. Therein lies an opportunity. In those opportunities, those wedge opportunities, we meet our targets at the same time as we bring economic prosperity to British Columbia — not only for this generation but for generations to come, because not doing so is a problem.

We bemoan…. And it’s a tragedy that we have the flooding events in the Boundary-Similkameen region this year. We had flooding last year. We had forest fires last year. We had forest fires that took out much of Fort McMurray. This is a story that happens year in, year out not only in B.C. but everywhere.

As I’ve tried to point out time and time again, the issue of global warming, which this is addressing, is fundamentally a question of intergenerational equity. Do we, the present generation, owe anything to future generations in terms of the quality of environment that we leave behind?

[3:25 p.m.]

If the answer is no, who cares about global warming? Really, it doesn’t matter, because it just goes to hell in a handbasket and “I don’t care about future generations.” But if we care, yes, we must act now, because waiting is too late.

The analogy that’s direct is that you put a pot of water on the stove, and you turn it up to 8. Now, that dial there is essentially greenhouse gas emissions and the level in the atmosphere of carbon dioxide and other greenhouse gases. You turn it up. The water’s cool. It starts to warm. “I don’t worry about global warming. I don’t care.” The thing’s on 8. It starts to get a bit warm. You go: “Whoa, this is getting hot.” It starts to get a little bit warm. “I’m going to turn 8 down to 7.” It gets warmer. Now it starts boiling. “Oh, I better turn it off.” You turn it down to zero, but guess what? It’s too late.

The analogy is direct to the world: 71 percent of our globe is covered by water. It takes time for the oceans to heat up. Once they do, you can’t cool them right away either. The analogy is direct. Once you get to a stage where you say, “Oh, it’s too warm. We better cool it,” it’s too late, frankly.

Now we worry about a forest fire here and a flood there, and I get that it’s really important. But it pales in comparison to the plight that’s in store for us. You can go back and look at what the climate scientists have been saying for decades. It’s been the same thing. Those touting that it’s just somehow some natural cycles act like a legal defense team who’ve lost their case. They throw all sorts of public doubt out there, fake news and all, hoping that the public jury will render a not guilty verdict.

We know that a substantial fraction, something like 60 percent of the world’s species, will be committed to extinction — 60 to 80 percent at the end of this century, as a direct consequence of greenhouse gas emissions. We can’t turn the level of atmospheric dioxide up, on the scale of 100 years, to the levels that haven’t been seen since Jurassic and Triassic and not think there’s not going to be an ecological response.

We are literally going back to the Triassic and Jurassic in the scale of a few decades, as we take that captured carbon that was captured in those swamps and seas that created goal and natural gas, which we’re releasing in decades.

Sure, life will go on after an extinction event. It will come on in a different form, but it certainly will not be life like we know it today. We know that in the big extinction events in earth’s history, when a meteor hit or when we had more intensive volcanic activity, 80 percent, 90 percent of marine organisms went extinct. We know we’re on track to do that now.

We know that the biggest sink of atmospheric carbon is the oceans. We know that the Great Barrier Reef is probably gone, and there’s nothing we can do about it because of the sink of the carbon that exists. We know that many of the ocean’s corals are dead, and they will die forever, and there’s not much we can do about it. These are just the early stages.

Again, I come to the point of: do we, as the present generation, actually owe anything to future generations? If we do, we must act here now. We must not weigh, for example, one LNG plant and jobs that may or may not exist five years from now versus the opportunity for success in a new economy that preserves prosperity and the environment that our next generation will actually come to live in.

These are not options. I talk about some of the sad things I see. One day I see a politician putting sandbags up on a dike, and the next day that same politician is here arguing: “Rah, rah, rah Kinder Morgan and LNG.” Where’s the disconnect? The disconnect is mind-boggling.

Again, we go back to this issue that we’re proposing to deal with here. The greenhouse effect goes back to Jean Baptiste Joseph Fourier in the early 1800s, the first to recognize that the atmosphere acts like a greenhouse that allows incoming solar radiation through but blocks outgoing long wave radiation to act like a blanket to keep the surface warm.

We’ve known about the different effects of a variety of greenhouse gases since the 1860s. We’ve known about the specific role of carbon dioxide in the 1890s. We had the first multisensory projections in the 1930s. In 1979, when I was graduating from high school, Jule Charney, an MIT climate and atmospheric scientist, was tasked with the first national assessment in the U.S.

They came up with the best estimate of the single most important metric summarizing our cumulative understanding of the world’s response to increasing greenhouse gases. That is climate sensitivity. Climate sensitivity, by definition, is: how much will the world warm if we double atmospheric carbon dioxide levels from pre-industrial levels, from 280 to 560 parts per million.

In 1979, the very best estimate was between 1½ and 4½ degrees. That was the range. In 1990, the first IPCC, Intergovernmental Panel on Climate Change, assessment. Scores of publications examined. Best estimate: 1½ to 4½ degrees.

[3:30 p.m.]

In 1996, a second assessment report, best estimate: 1½ to 4½ degrees. The single best estimate of the single most important metrics summarizing our cumulative understanding of how the world responds to a doubling of carbon dioxide, has not changed from 1979 to 1996, where we’re in the second assessment report.

[R. Chouhan in the chair.]

We move to 2001. We’re now at the third assessment report. The best assessment gives 1½ to 4½ degrees, and then we move to 2007. That’s the Nobel Prize year. It moves to 2 to 4½ degrees. Wow. We’ve changed it slightly. Then in 2013…. I was involved in every report from 1996 through 2013, and that 2013 one was fundamentally frustrating. The report had largely concluded in 2012, and I withdrew from the process when the writ was dropped in the 2013 election, but all the rating had been done.

The 2013 estimate from the Intergovernmental Panel on Climate Change, summarizing tens of thousands of papers’ knowledge on this issue, the best estimate of climate sensitivity, the single most important metric summarizing our cumulative understanding of what will happen as a consequence of global warming — that is, how much the world will warm if we double carbon dioxide…. The best estimate was 1½ to 4½ degrees again.

We don’t need more science. What we need is political will, and what we don’t need is more grandstanding on these important issues, which is why I’m excited about this bill. Why am I excited about this bill? Because it provides the first step, as was done in 2007 — the very first step that is necessary to actually head us in a direction. And that necessary step…. This should be taken as a signal.

If government is serious about this bill brought forth, it cannot support the addition of a two- or four-train LNG facility. We just can’t do it. You cannot square that round peg. It doesn’t work. The numbers don’t work, and the last thing this government needs to do is to try and play the accounting games that happened towards then end of the last administration’s governance.

We start to get things like: “Okay, I’m going to give you money and take a carbon credit, because you’re not going to not cut down those trees that otherwise you would cut down.” This is the kind of carbon accounting nonsense we get into. If you open that Pandora’s box, you’re going to have to start accounting for forest fire losses as well, and we don’t want to do that, let me tell you.

We started to pay Encana…. They had at the time…. We gave them carbon offset as they actually upgraded some natural gas facilities. Okay. That’s fine, but that was not the intent. The intent was to actually get fundamental changes and send a direction to the economy that we want to move elsewhere. And we have to be careful how we continue with the offsetting.

With that, I will suggest that this debate…. Both my colleague from Saanich North and the Islands and my colleague from Cowichan Valley will be looking to speak to this bill further.

I do want to touch upon the last two things that I haven’t marked. I want to support the minister in his ability to be given the powers to set sectoral targets through regulation. I think that’s important. He has articulated and identified, in his opening remarks, that he will seek guidance for that from his…. I forget the name of this reincarnation. We’ll call it climate leadership team 3.0, for the purpose of Hansard. He will seek advice from them. They represent a variety of sectors. I think that’s a good strategy, and I think the approach is a fine one.

I also want to give the minister a lot of credit for adopting the recommendation of the Canadian Auditor General with respect to biannual reporting out of the risks as well as how we are moving towards meeting those risks of climate change.

The risks are very real and very serious and will get worse as time goes on. You know, I could talk about…. For example, we knew since 2000, when a student of mine, Dáithí Stone…. He went to Oxford — I lost touch with him in the last few years — and was a lecturer there after that. He wrote a paper where he analyzed precipitation trends in Canada. We know extreme precip is going up.

We know, for example, we can attribute…. We did this in 2004. Nathan Gillett is a former post-doc. He’s now head of the Environment Canada Canadian Centre for Climate Modelling and Analysis. We knew, in 2004, that we could detect and attribute the increasing area burnt of forest fires in Canada directly to human activity. We know that.

[3:35 p.m.]

We know what the cause is. We know what the precursors are. We need to have ignition. Well, we’ve got lots of lightening. We need to have dry, dry timber, and the way you get dry timber is through soil moisture and summer warmth. We know we can connect regional changes in increasing temperatures.

Again, I’ve said the same thing since the 1990s. As a climate science community, we know it’s going to happen. We know that we’re going to get an increase in extreme weather events, particularly in precipitation. The 100-year event is no longer a 100-year event; it will become a 25-, a ten-year event, and then it’ll become a five-year event, and so forth. We know we’re going to get that.

We know we’re going to increase our precipitation in our latitudes. We know water here is not going to be an availability issue; it’s going to be a storage issue, because we know we’re going to get increased water in the winter and less in the summer, because we have increased likelihood of summer droughts.

We know that in the winter it’s going to be increasingly likely and more and more extreme events. Ironically, we might get amazing snow years, because if the temperature is slightly below zero, it’s snow instead of rain. So yes, we might get a big snowfall, but that’s exactly what we would expect to get, because it’s winter, and it’s and cold, and we expect increasing amounts of the warming climate to have more moisture in it.

We expect a northward shift of the storm track, so yes, and lo and behold, we’re getting more of these stronger storms hitting our latitude. What would you think? That’s exactly what we’ve been saying: these move further northward.

The same in the south. We know where Arctic sea ice is going. We know it’s likely going to be gone in the summer in a few decades. We know that 2017 is right on the edge of setting a new record — the record that was first set in 2007 and then broken, quite dramatically, in 2010. We’re on path to beat it again this year.

We know that global sea ice volume was a record low this year. We know that if we don’t do anything, we’re going to commit 60 to 80 percent of the world’s species to extinction towards the end of this century. We know that we’re going to get increasing droughts. We know that we’re going to flood islands.

We know that there are hundreds of millions of people living on the coasts, and we know that if we get warming to about 2 degrees, we have a very high probability that we’re committed to seven metres of sea level rise, because that point puts Greenland and the West Antarctic Ice Sheet past the point of no return.

Now, we also know that when there’s a storm — and we know that there are increasingly strong storms — that we actually get storm surges. We know that with the warming water…. Again, you could do this experiment at home. When you have a high tide, warming water and storms, you get big storm surges, and you start to see things like Hurricane Sandy flooding New York.

Now what happens when New York, which has flooded once, starts to get flooded like that every ten years? Then you add six metres of sea level rise on that. You start to create a problem for our built infrastructure — a problem when you have hundreds of millions of people living within ten metres of the coast.

The town of Shanghai, the burgeoning metropolis of Shanghai, is less than ten metres from the coast. You get rid of Greenland and the West Antarctic Ice Sheet. It’s pretty hard for them to adapt if you add ten metres of sea level rise. It’s pretty hard for Delta and for Richmond to adapt if they have ten metres of sea level rise.

It’s not going to happen overnight. This is why the issue is one of intergenerational equity. That won’t even happen in the next 100 years. It takes hundreds of years for that to happen. But, hon. Speaker, let members in this House know that history will not be kind to those of us who stand by and let this happen. We will be judged. So be it if people don’t care, if they don’t care about intergenerational equity. That’s fine. People who don’t have children might not care.

Some people may have belief systems that this conflicts with. They might believe, for example, that whatever is going to happen was meant to happen, and it’s God’s will. As climate scientists, we can’t argue science against faith. You can’t dismiss those views — people within our society — because nobody, no science could ever address the question: do we as a society need to actually deal with this issue? That requires all of us.

What we need to do is we need to get facts and evidence on the table, and we’ve got to stop listening to rhetoric that’s put forward and doublespeak — like we need to build pipelines in order to have a climate plan. Politicians need to be truthful to the people of British Columbia. They need to know what the consequences of inaction are.

If society believes that you don’t need to deal with this problem, so be it. I happen to think we do, and I happen to think most people do believe we need to deal with this issue. As such, this bill is critical. When we apply this as critical, not only to implement this bill but also the subsequent policy measures that will ensure we will meet targets…. Targets have been in place in Canada since the 1980s, when Brian Mulroney introduced the first targets, and we’ve got a litany of missed and failed targets.

Europe met their targets. We have not met our targets here in Canada — not one, not close, not even a little bit close to any of our targets.

I look forward to the subsequent legislation announcement to come. With that, hon. Speaker, I thank you for your attention, and I look forward to further debate.

[3:40 p.m.]

A. Olsen: It’s an honour to stand today and speak to the Greenhouse Gas Reduction Targets Amendment Act, which is now going to be renamed, and quite thoughtfully renamed, the Climate Change Accountability Act.

I think, you know, oftentimes we can get caught up in words in the Legislature here, and I think that these are important words — the Climate Change Accountability Act. I think, as my colleague so passionately spoke about just for the few minutes that he had the floor, this was about us being accountable.

I often tell the story of XÁLS, the Creator in the WSÁNEĆ territory. XÁLS left that place, left that territory, for the W̱JOȽEȽP, the people that live there. The key message that he left us was that we were to be accountable for our terri­tory, that we were to make decisions that were not to diminish it, that we weren’t to take more than could be replenished.

I think that that is the foundational principle of what’s trying to be accomplished here with the repealing of this name, which was the reduction targets, and giving it a new name, which is adding the word “accountability,” Climate Change Accountability Act. I don’t think that this should be something that should be underestimated, the importance of the change of the name of this bill.

What is also important, not more important, is that we identify the fact that we have a responsibility. The decision-makers in this place have a responsibility to more than just the four-year cycle that we get elected to in this place. We have a responsibility that goes much further into the future than four years.

I know we get caught up in the cycle of this place, that decisions need to be made now in order…. You know, the tough decisions need to be made at the front end of an election cycle, and then at the back end of an election cycle, we start to give back, and we get caught in this cycle where we, the 86 members that fill the seats of this place, become the most important. Our political careers are seen as more important than the actual policy that we’re putting forward.

I think that what’s critical here is that we start to take a look at this policy, the Climate Change Accountability Act, and we see that we’re actually making decisions that are much further in the future — the intergenerational equity.

The responsibility that I have as a father is to make decisions that are not only going to impact me and my wife in our lifetime but also the lifetime of our children, my ten-year-old son, my six-year-old daughter — the chances that they have in the future of also having a place that’s worth living in so that when they get to the time in their life where they decide whether or not they’re going to have children, they don’t throw their hands up in the air and say: “Well, what good is it? When my dad had a chance to make a choice, a decision…. When my dad had a chance to stand up for us, he made the wrong decision. He sold us out, all for a few dollars or for some opportunity that was fleeting, for a too-good-to-be-true sales pitch. He bought into it, and now we’re stuck with the world.”

My colleague, as only he could do in this place, could highlight the challenges that we will be faced with if we do not take firm, bold, courageous action on climate change.

We don’t face down the dinosaurs that we face in the open fields these days — the fossil fuel industry that has a sales pitch for us. We don’t face them down in the open fields, but we drag them into the jungles, and we say, “You’re going to have to battle us there,” because we’ve put forward an alternative vision for this beautiful place that we live that says that we don’t need to survive on fossil fuels alone. We can invest in innovation. We can create other opportunities for us that don’t require us to be beholden to the fossil fuel industry.

We find ourselves saying things that we don’t believe, or we find ourselves morally compromised, ethically compromised, because we’re chasing a dream that just simply does not exist. It may exist now, but it’s fleeting, and it won’t exist a few years into the future.

[3:45 p.m.]

I think it’s hard for us to remember that we’re only here for such a brief moment in time, yet we have to make decisions that are going be impactful for countless generations ahead of us. So it’s important that the government takes action. I think it’s important, to me and my colleagues in our caucus, that this bill, only a few pages in length — that the three of us are going to take the time to stand and speak to it.

It emphasizes the point that we want to make — that this is an absolutely fundamental and critical part to why we are here as members of this House, why we have stood to put our name forward. The action that we take is important to us — that we all stand and speak to it, that we all stand and say that this is an important first step, setting the targets, setting the goals. If we are going to take action on climate change, then we have to set goals, and we have to be accountable to them. So I think that this is a phenomenal step to that.

I think it was highlighted on Monday. A number of speakers on both sides of the House talked about the costs of climate change, and oftentimes we find ourselves having these economic arguments around certain industries, primarily the fossil fuel industry now, as it’s in its sunsetting days.

We have these conversations about economics. I think that we cannot overlook the economic costs that climate change is going to provide us. One of the examples of that is just in North Saanich alone, the conversations that are happening around rising sea levels. The property owners on the beachfront, and the district itself, are starting to wake up to the fact that early action on this now will save the property owners and the districts into the future. Making these investments, making the decisions now, here, that we can make in this place are the critical first steps. Preparing our properties, preparing our communities to become resilient and making those investments are important next steps.

I think it’s important to highlight two things. We used to be a leader in climate action. We have an opportunity to regain and retake our position as a leader in climate action. This bill, Bill 34, is not the action. This is just simply the goal-setting. It’s important to set goals. It’s also important to set the tone and to create signals for the marketplace so that they know that once again British Columbia is going to be a leader in climate action.

That’s going to create all sorts of economic opportunities for companies in our province, businesses in our province, the innovators in our province to take the wicked challenges that we have in the 21st century and find solutions for them. It’s going give an opportunity for the government to be working with our post-secondary institutions, making the investments to ensure that we are at the head, at the forefront of finding solutions to those problems.

I appreciate in this bill the fact that the minister has taken up the Auditor General of Canada’s suggestion to have annual reporting. That’s an important piece of accountability — to see where we’re at.

The section here, part 1.1, preparing for climate change, and adding the reports on climate change risks and progress…. I think it’s important that our government has in front of them a process in which we determine the risks, that we report out on the progress that we’ve taken to reducing the risks, that we’re clearly identifying the actions that we’re taking to achieve that progress and that we’re talking about how we’re planning to continue to progress in time.

I think these are really critically important opportunities for government to be learning and to be learning from our learning, and to be always in a position where we are advancing ourselves in this great challenge that we have in our time.

I’d like to thank the Speaker for providing me the opportunity to speak to this bill today. I’d like to thank and raise my hands to the minister for putting forward a bill that really clearly highlights the accountability that we, the 87 members of the government of British Columbia, need to take on this important topic of climate change.

[3:50 p.m.]

I’ll take my seat at this time, and I thank the Speaker for the opportunity.

Hon. M. Farnworth: Committee C is going to report out, so I move adjournment of the debate.

Hon. M. Farnworth moved adjournment of debate.

Motion approved.

[3:55 p.m.]

[Mr. Speaker in the chair.]

Report and
Third Reading of Bills

BILL 26 — CHILD, FAMILY AND
COMMUNITY SERVICE
AMENDMENT ACT, 2018

Bill 26, Child, Family and Community Service Amendment Act, 2018, reported complete without amendment, read a third time and passed unanimously on a division. [See Votes and Proceedings.]

Hon. M. Farnworth: In this chamber, I call continued second reading debate on Bill 34. In Committee C, Birch Room, I call committee stage on Bill 28.

[R. Chouhan in the chair.]

Hon. C. Trevena: I seek leave to make an introduction.

Leave granted.

Introductions by Members

Hon. C. Trevena: In the precinct at the moment and soon to be in the gallery are 18 students and a number of adults. The students are from the Ka:’yu:’k’t’h’-Che:k:tles7et’h’ elementary secondary school. These students have had to go about an hour by boat and then more than an hour, closer to 2½ to three hours, along a very poor logging road up to the main road, which gets them just south of Port McNeill, and then have driven down Highway 19 and Highway 1 to get here. It’s been a long journey for them.

[4:00 p.m.]

They’re here to see their House, where decisions are made that are going to affect them and affect their future. They’re also here on a significant day because this is the day that Brooks Peninsula Provincial Park got a new name. Brooks Peninsula Provincial Park is just north of where their school is and where their home is.

Mr. Speaker, I know the group is soon to be in the House, and I hope everyone will make them very welcome when they arrive.

Hon. M. Farnworth: Before I move second reading of Bill 34 here, I would just like to advise the House that things have moved very quickly. It will be Tourism estimates in Section C.

In this chamber, I call continued second reading of Bill 34.

Second Reading of Bills

BILL 34 — GREENHOUSE GAS REDUCTION
TARGETS AMENDMENT ACT, 2018

(continued)

S. Furstenau: Bill 34, the Greenhouse Gas Reduction Targets Amendment Act, reaffirms our commitment to the environment and, by extension, to British Columbians. The act changes the name of the legislation from the Greenhouse Gas Reduction Targets Act to the Climate Change Accountability Act. Although nominal, this change demonstrates an acknowledgment of what we most desperately need in environmental stewardship, which is accountability.

The reality of climate change in British Columbia is stark, and it gets worse every year. Recurring and worsening flood and fire seasons continue to pummel our communities. They are symptoms of climate change, and they contribute to it too.

As Martyn Brown noted in the Georgia Straight last week, a single forest fire can easily wipe out any reduction of greenhouse gas emissions claimed by tree-planting projects. In 2017, there were 1,300 fires. In other words, reducing our emissions cannot rely on a few minor projects. It needs to be a comprehensive framework across every sector.

Martyn Brown also provides valid criticism of this legislation. Setting new targets is not substantive action or change that will concretely reduce emissions. Bold statements require bold action, and it is important to acknowledge that in order to meet our targets, we are going to have to commit to the hard work.

Both the B.C. Greens and the B.C. NDP campaigned with a promise to implement a plan to meet our targets. We did so because we have a responsibility to future generations. We are working in partnership to build a plan to ensure that we will meet our commitments, and this is a top priority of the B.C. Green caucus. This act is a first and small step towards us delivering on our promises.

We must do everything we can to ensure British Columbians have the resources they need to respond to the new normal of extreme weather events. Rising costs also demonstrate the urgent need to keep our commitment to the next generation to meet our climate targets. Under the Paris Agreement, countries around the world are coming together to do their part to prevent an increase in global temperatures above 2 degrees Celsius. We are seeing historic investments in clean tech and renewable energy as the world transitions to a low-carbon economy.

The status quo won’t work. Consider our forests in B.C. What should be part of our capacity to sequester carbon has, sadly, become a net emitter of greenhouse gases. According to a Sierra Club report, B.C.’s forest emissions between 2003 and 2012 have totalled 265 million tonnes of carbon dioxide. In the ten years before that, our forests had absorbed 441 million tonnes of CO2. These emissions come from logging, wildfires, slash burning and reduced sequestration due to the mountain pine beetle outbreak.

The emissions from our forests are not counted as official emissions by the province — a change that will need to take place if we are to be serious about measuring and reducing our emissions. The government needs to heed the loud calls for forest practice reforms in this province, because how forests are currently being managed is a double-edged sword in the era of a changing climate. Not only are the forests not acting as carbon sinks; the forestry practices in the province exacerbate impacts we are seeing from climate change.

In drinking watersheds, clearcuts can result in diminished water quality and lead to ever-increasing boil-water advisories. With heavier rains and shortened spring melt periods, as we’re seeing again this year, flooding and mudslides are becoming more common and more severe in communities across B.C.

[4:05 p.m.]

I vividly remember a report presented to the regional services committee when I was director with the Cowichan Valley regional district. It was May 2015, and we were already in drought conditions in the Cowichan Valley. Aquifers were at record-low levels, and the staff brought forward a report outlining the very real possibilities that several aquifers in the valley were at risk of running dry by August if the drought conditions remained as severe as they were.

It was a moment that I recognized as reaching a deeper understanding of the impacts of climate change at the local level. Potentially, thousands of residents in the Cowichan Valley could find themselves with no water.

I asked whether there were conversations at that point with the province about the logging practices in these watersheds, given the critical conditions of these aquifers. The answer was no and that there was no plan on the part of the province to look at practices at that time.

Last year a friend who worked on the front lines of the forest fires lamented the giant slash piles that had been left behind by forestry companies — slash piles that acted as fuel for the fires that were burning so ferociously.

Where is the carbon pricing on slash burning? Where are the policies that will ensure that we’ll see a shift in forest practices that will not leave massive slash piles on land? It’s long past time for the province to take very seriously the need for reform of our forestry sector. I’m hoping that this legislation and the forthcoming plan to meet these targets include substantive reforms.

Communities across B.C. have reached out to express their growing concerns about logging practices in their drinking watersheds — Ymir, Youbou, Comox, Sunshine Coast. The opportunities for watershed co-governance with First Nations is one step I’d like to see this government move forward with, with more urgency. There is currently one pilot project in the Nicola Valley, but there are many other communities that have done the groundwork and are keen to embark on these pilot projects. I hope to see this government move forward with pilot projects in every region of B.C., without waiting for the completion of the first project.

The unfortunate truth of this amendment act is that it serves to adjust our emissions targets because we failed to meet them. According to the Auditor General, B.C. is on track to miss its 2020 targets and will not meet its 2030 targets if it does not enact a plan.

In response, this legislation changes our first target year from 2020 to 2030, but it adds a target for 2040 and raises our emissions target levels. We are also allowing for the minister to set individual sector targets and requiring biannual reports of progress made.

These targets are important to reaffirm our commitment to the natural environment of British Columbia. They provide an important, clear foundation for the renewed climate strategy coming up later this year and are a means for us to be held accountable for the health of our province and the future generations who will rely on a livable climate.

B.C. was once a leader in climate action. After enacting the carbon tax in 2008, British Columbia showed the world that a strong economy and bold climate action were, indeed, perfectly compatible. As a member of Citizens Climate Lobby, I would travel to Washington, D.C., to encourage the government there to bring in carbon pricing, and B.C. was recognized at that time as almost a superhero of climate leadership. We were seen as the one place in North America that recognized our duty to future generations.

It was actually the leadership under Premier Gordon Campbell that got us to that place, which was then rejected by the last Premier, who turned us into climate laggards instead of climate leaders. By seizing the opportunity to reclaim this leadership, we can position our province to develop a 21st century economy centred on innovation, sustainable value-added resource development and entrepreneurship.

This bill is by no means a panacea for addressing our dismal trajectory in B.C. on climate action and accountability. It’s a small, first step, but there needs to be a clear commitment on taking many bolder steps. The Clean Growth Advisory Council’s recent letter to Minister Heyman outlines the priorities they would like to see implemented, including a low-carbon fuel standard…

Deputy Speaker: Member, no names, please.

[4:10 p.m.]

S. Furstenau: Sorry. My apologies to the minister.

…a zero-emission vehicle standard, policies to address the emissions from new and existing buildings and incentivizing clean growth in B.C.

These targets need a plan, and the plan needs to be driven by a vision, a vision of B.C. as a low-carbon economy, a leader in innovation and a province that embraces the challenges and opportunities that we face right now.

We cannot double down on a 20th-century approach to resource extraction. We cannot look to massively emitting industries as the path out of the challenge that we are in today. We cannot continue to resist what is required of us as legislators and policy-makers to ensure that future generations will have a climate that is livable and ecosystems that will allow them to thrive.

Deputy Speaker: Seeing no further speakers, the minister to close the debate.

Hon. G. Heyman: It’s my pleasure to take a few minutes to close debate on second reading of this important bill. I want to give thanks to the various members who have spoken to the bill over the last couple of hours. I want to address a couple of points that were raised during debate.

The member for Kamloops–North Thompson claims that the bill does nothing but reiterate targets that were already set. With respect, I reject the member’s argument. There is, in fact, no 2030 target. The reason we have to set a 2030 target is because we deviated so far from the 2020 target that was legislated that the only thing that made sense to us as government was to repeal that target.

While we were moving toward it for a period of time between 2008 and 2010, the fact remains that following the government of Gordon Campbell, we reversed direction and emissions rose 4½ percent. They did not go down. They rose 4½ percent between 2010 and 2015.

This bill, in setting the targets for 2030 and 2040, is a reaffirmation by our government that we are committed to meeting the 2050 target. We intend to be accountable for actions to meet that target. We will demonstrate, through the creation of a climate action strategy over the coming months, which we will unveil in the fall, how we intend to do that — how we intend to do that collectively with British Columbians.

The member for Kamloops–North Thompson took issue with the fact that we didn’t legislate sectoral targets, that we left the power with the minster to set those targets. There’s a reason for that. We accept, notionally, the sectoral reduction targets that were outlined by the climate leadership team in its 2015 report. But should it prove easier to reach targets in one sector and harder to reach them in another but overall it keeps us on our path to the 2030, 2040 and 2050 targets, I think, certainly as minister, I would explain our actions in that regard.

The goal is always to do the most we can to make the progress we need to, to reduce emissions substantially and keep British Columbia’s commitment to our people and British Columbia’s commitment to Canada, in terms of putting our emission-reduction share forward.

I look forward to working with British Columbians. I look forward to working with the Climate Solutions and Clean Growth Advisory Council, which was established last fall, including members from First Nations, industry, environmental organizations, labour, academia and local government.

I spoke about them in my early remarks. They have an important role to identify opportunities, economic and emission-reduction opportunities for British Columbia, as well as red flags for us about actions or mitigation measures we can take to ensure that we don’t adversely impact British Columbians or British Columbia industry but that we work with communities, people and industry to reduce emissions and keep employing British Columbians as we transition to a society and an economy free of climate pollution.

[4:15 p.m.]

The Leader of the Third Party spoke passionately for an hour. The Leader of the Third Party and I — and, I believe, all members of the Third Party, all members of this government and, I hope, all members of this House — share an understanding that we have to do our part to fight carbon pollution and climate change.

The Leader of the Third Party has the privilege and the advantage of understanding very deeply what has happened over decades through humankind’s releasing of carbon into the atmosphere, what the opportunities are that are available to us to reduce carbon pollution and what the threats are to us if we don’t. He has spoken continually, long before he entered this chamber, about the threat to us. He has raised awareness in British Columbia. He has raised my awareness, and for that, I thank him.

I look forward to working with the Leader of the Third Party, the members of the Third Party, members of our government, any member of this House and any British Columbian who wants to engage productively, proactively and creatively to find the innovation that is going to move us into the economy we know we must build if we’re going to defend our planet and our corner of the planet against the ravages of climate change, which we see every day, which we see increasing every year and which we know have a human cost and a quantifiable economic cost. Instead of paying a price for negative impacts, we should seize opportunities to mitigate the potential impacts, to adapt to them and to build a sustainable economy.

The Third Party House Leader spoke about being a part of the Citizens Climate Lobby. I have met numerous times, as many members of this House have, with members of the Citizens Climate Lobby from our own constituencies, from areas of British Columbia.

I met with them quite recently, in the last couple of weeks. They were thankful for the commitment they saw and the foundational principles of CASA, the confidence and supply agreement — that climate change was the underpinning of the arrangement made between our party, our government, and the Third Party to move forward with a different form of governance in British Columbia on a whole range of issues, making life better and more affordable, building a sustainable economy and providing the services that British Columbians need.

They were particularly thankful for the commitment to deal with climate change, to deal with carbon pollution, to set a price on carbon, to set targets and to move forward. In the coming months, we will be unveiling a number of measures that will make clear to British Columbians the kinds of opportunities that exist for us across industry, across transportation, across the built environment, buildings and homes, to reduce emissions and to prosper while we do it, to make life better for British Columbians.

We’ll be setting a framework for the climate action strategy. Today’s bill and the targets that we set are not the plan. They’re the foundation for the plan, they are the guiding light of the plan, and they are what will form the basis of the plan that we will reveal in the fall.

We will conduct a careful and thorough consultation with British Columbians to inform our actions. We will set B.C. on a path to ensure that we make life more affordable, use less and cleaner energy, and invest in innovation and new technology.

These are the amendments contained in Bill 34, and I move that the bill be referred to a Committee of the Whole House to be considered….

These are the amendments contained in Bill 34, and I move second reading.

Motion approved.

Interjections.

Deputy Speaker: Division has been called.

[4:20 p.m.]

[Mr. Speaker in the chair.]

Mr. Speaker: Just to be clear, the question is the referral of Bill 34 to Committee of the Whole.

[4:25 p.m.]

Motion approved unanimously on a division. [See Votes and Proceedings.]

Bill 34, Greenhouse Gas Reduction Targets Amendment Act, 2018, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.

Hon. M. Farnworth: In this chamber, I call committee stage, Bill 31.

Introductions by Members

Hon. C. Trevena: A few moments ago, just after the last vote, I had the pleasure to introduce the students, family and staff from Ka:’yu:’k’t’h’-Che:k:tles7et’h’ elementary secondary school who have joined us today. They witnessed a very important part of democracy, the fact that we all come and stand up to be counted and make sure that our voices are heard.

They’ve come a very long way to see what we do in this House, and I hope everyone will make them very welcome. They get the joy of being introduced twice to this chamber.

Committee of the Whole House

BILL 31 — CANNABIS DISTRIBUTION ACT

The House in Committee of the Whole (Section B) on Bill 31; R. Chouhan in the chair.

The committee met at 4:29 p.m.

Hon. M. Farnworth: Before we begin, I’d just like to introduce my staff.

[4:30 p.m.]

Mark Sieben is my deputy minister; Mary Shaw, the executive director of the cannabis secretariat; and Devon Windsor, the senior manager of the cannabis secretariat.

Sections 1 and 2 approved.

On section 3.

M. Morris: Going to section 3(2)(b)(ii). It says “takes adequate measures.” So the government may not sell cannabis unless it “takes adequate measures to reduce the risk of cannabis that it possesses for commercial purposes being diverted to an illicit market or activity.”

I’m just wondering if the minister could give me an example of what he means by this.

[L. Reid in the chair.]

Hon. M. Farnworth: It would mean having appropriate security at the warehouse — so at the main distribution centre, ensuring that there is property security in place.

Sections 3 and 4 approved.

On section 5.

M. Morris: My colleague from North Vancouver–Seymour will also have a question on this. One of the questions I have — and then I’ll turn it over to her — is section 5(1)(b): “stores for the sale of cannabis and cannabis accessories to consumers and an online system for the sale of cannabis….”

I’m wondering if the minister could explain a little bit behind that and what kinds of security measures they have in that to ensure that it’s not being sold to minors, that it’s not being sold to individuals who aren’t legally able to purchase marijuana or cannabis.

Hon. M. Farnworth: Currently for medical cannabis, there is the federal government’s on-line system for ordering and for delivery. That has a whole series of security checks built into it.

We are developing the provincial on-line sales portal as well. That is one of the key issues in terms of priority for the development. That is security. That will include age check at point of delivery, for example.

We will not be going forward with that on-line portal until we are satisfied that all the necessary security issues involving minors have, in fact, been dealt with in the same way that they have been at the federal level, through their portal. But one of the key components of that will be an age check and an identity verification at the point of delivery.

M. Morris: Just a follow-up to that, has the federal government experienced any issues with the on-line medical delivery system that they have? Has your ministry looked at some of the problems or issues they’ve had with that to ensure that we incorporate any lessons learned into our system?

[4:35 p.m.]

Hon. M. Farnworth: Not only are we looking at the experience at the federal level in terms of issues to make sure that we’re learning from their experience but also in other jurisdictions so that when we do go on line with the provincial system, we’ve looked at all of the experiences in different areas to make sure that any issues have been identified and are dealt with before we go on line — or flick the switch, as it were.

J. Thornthwaite: I have a couple questions about section 5 as well. Given that my constituents, at least the ones that have talked to me about this…. Although they support the federal government’s decision moving forward with regards to the decriminalization, etc., with cannabis, what they don’t like is the fact that this government is in the business of selling cannabis.

Yes, taxing, regulation, licensing, etc., is obvious and a good thing, but the actual business of getting into selling cannabis seems to be contradictory to free enterprise economies, small businesses, etc. It will decrease competitiveness.

My question to the minister is: does the minister have any idea how many small businesses this is expected to shut down?

Hon. M. Farnworth: Well, that’s an interesting question because right now there are no legal cannabis small businesses. So the reality is, in terms of it shutting down legal businesses, the answer would be none.

We have been very clear right from the very beginning on the legalization debate — it’s not decriminalization, it is legalization, and they’re very different things — that the public will have their say. We did an on-line consultation, as well as surveys. We received almost 50,000 responses.

We worked very hard with local governments on how they would like to see not only the retail but the distribution system put in place. We’ve worked and seen what other provinces are putting in place. What became really clear was that — and I have repeatedly stated this right from the very beginning — what works in Vancouver may not work in Vanderhoof or Port Coquitlam or North Vancouver or Chilliwack or Prince George.

The local communities are going to have their say. What was very clear and came back was that they wanted the options of having a government store or a private store, so we went with a mix of public retail and private retail.

In terms of distribution, the overwhelming number of responses was that the province retains control of distribution in the same way that it does with liquor. Every other province is doing that very same thing, with the exception, I think, of Saskatchewan.

In terms of, again, the free enterprise model, this province has, in fact, said that we want to see private stores, but local communities are going to have a say. Some communities have already told me that they don’t want to have a private store. They only want a government store, and that’s what their community is about. Other communities have said they’re looking forward to a mix of government stores and private stores.

In fact, I can tell the member that in the Okanagan, for example, Kelowna has said that they are looking forward to seeing private stores. I think — now, I may be wrong — that Lake Country and one of the others have said they want something different.

We have said that there’s room for both, in line with what the public and local governments in our consultation processes have told us. In Ontario and Quebec, they have both said no to private stores. They are going strictly with the government store model. We think we’ve taken an approach, in terms of both retail and distribution, that is in line with the majority views of the people of this province.

J. Thornthwaite: Does the minister have an idea of…? Were there any surveys done specifically to North Vancouver?

Hon. M. Farnworth: The survey was provincewide. Every local government received a request for input from us, as a province, for their views on the legalization of cannabis, how it would impact their community and the kinds of things that they wanted to see.

[4:40 p.m.]

They participated — your community, as other communities did as well — on the joint working task force that we set up and announced at UBCM to deal with the issues around cannabis and how its legalization will impact on local government.

I have been very clear right from the beginning that the views of local governments matter a great deal. That is why, unlike in some other jurisdictions where government is going in and saying, “This is where the store is going; that’s where the store is going,” we have said local government will get to decide where a store goes. That applies to a government store and a private store, the same. So government and private retail are being treated in exactly the same way.

Your community would have been able to participate in the overall survey. Your community would have been asked for their input in terms of what they thought on some of the key questions, and your community would have also had input in terms of the joint task force that took place between UBCM and the province on this issue.

I. Paton: A few questions. Please excuse me and turn me away if they’ve already been asked. I got here a little bit late.

The federal government plans to give roughly 75 percent of the cannabis excise tax revenue to provincial governments. How will the B.C. government allocate this to local governments — on a per-capita basis? Or what would be the other route?

Hon. M. Farnworth: I thank the member for that question.

We’re still working on that issue with the Ministry of Finance and with local government. There are a number of factors that are coming into play on those decisions. Some of them relate to the final decisions around Bill C-46 and when that passes the Senate and on the drug-impaired driving, because that’s one of the areas that local government says that they’re particularly concerned about — any increased cost in that area. The other is that once the bills are passed…. That involves the setting up of the internal enforcement to deal with illegal operations.

That was something that local government was thinking that they were going to have to take responsibility for. We have indicated to them that that is not something they will have responsibility for. That is what the province will be doing.

At the same time, we’re also working with that joint committee with UBCM. So the issue is still very much under discussion. No decisions have been made at this point, but we are very much aware of the desire of local government to share in revenue, and I fully expect that we will come to an agreement on that issue.

I. Paton: I know this is a very wide-open question, and it’s been discussed at great length, I believe, by the committee that’s been recently activated regarding agriculture and revitalizing the ALR and our Agricultural Land Commission. I think one of the main concerns with the input that’s come from lots of the public and farmers throughout B.C. is cannabis to be grown on agricultural land.

Two questions. One is: do we have plans to restrict cannabis cultivation in the ALR; in particular, in my riding, in our greenhouses in Delta? Secondly, if it was to be grown on the ALR, would it be taxed at an industrial tax rate as opposed to an agricultural tax rate, which is somewhat cheaper by a long shot.

Hon. M. Farnworth: I thank the member for that question, because I know how important this particular issue is to him and to the community that he represents.

A number of communities, particularly in the Lower Mainland, have made representations to us on that very issue, wanting to have input in terms of the production of cannabis on agricultural land.

I can tell the member that that is an issue that we are currently working on within my ministry, the Ministry of Agriculture and the Ministry of Finance. So that, again, is a decision that we still have to make, but it is one we are very much aware of the importance to local government.

[4:45 p.m.]

On the taxation issue, that’s a very good question. And what I will say to the member is this: we are looking at all the different options around taxation on cannabis. One of the key goals in the whole legalization of cannabis has been to get organized crime out of the cannabis trade as much as possible.

One of the key factors in that, of course, is price and taxation. It’s a key component of that. I have said that governments need to be very careful in terms of the taxation that they do put on it. If, initially, they think that this is — a term that the opposition likes to use sometimes in question period — a cash grab or a big revenue stream coming on, it’s certainly not going to be that way in the short term. There are a lot of issues around that.

We are looking at that taxation issue, at all its different stages, very closely in terms of what it will mean for government and, in particular, the goals around the organized crime issue.

I. Paton: Thank you to the minister for that answer. Just maybe two or three more. With the increased access to recreational cannabis, do we feel, as you’re part of the government, that we still need to allow homegrown cannabis, if there’s going to be a great deal available on the open market as recreational cannabis?

Hon. M. Farnworth: I’m happy to answer the question. It is a little bit outside the section, but if it speeds things along, I’m more than willing to answer the question.

The issue of home cultivation has been one that has engendered a lot of discussion. It is part of our legislative program, because we have to operate within the federal government framework. The federal government has allowed up to four plants to be grown for personal consumption.

That is separate and different from medical cannabis. The medical cannabis rules have not changed, but in terms of the recreational, for personal use, the federal government has said that you can grow up to four plants.

We have looked at that. We’ve had discussions with the Attorney General’s ministry, because some people, a couple of provinces, have said no to that. We have been advised that in terms of the constitutionality of that, it will not stand, so we have gone with the four plants, which is the same as what the federal government has allowed.

I expect — and we can get into it more in the other — as a general thing, it may very well turn out to be like making wine at home and making beer at home. You will get those people who say: “Hey, we’re going to do it.” But the reality is that 99 times out of 100, the properly…. You know, getting wine from a great Okanagan winery or beer from an excellent craft brewery is a lot better product than trying to do it yourself at home.

There are still going to be a lot of issues around it, but in a nutshell, that’s why the home cultivation is there. It’s also why there is the four-plant limit.

I. Paton: A couple more questions. In my municipality of Delta, we have brought in a bylaw that completely bans public consumption of all forms of cannabis and the growing of cannabis and whatnot. Can you confirm that these sorts of bylaws would be at the discretion of local government?

Hon. M. Farnworth: I think it’s probably best that that particular question is addressed in the next cannabis bill that we’ll be dealing with, because that’s where that would be covered.

I. Paton: One last question. There is, under the upcoming rules, zero tolerance for learner drivers. We were wanting to know if the zero tolerance would be included also for commercial drivers, such as bus drivers, taxi drivers or truckers in the heavy-trucking industry.

[4:50 p.m.]

Hon. M. Farnworth: It actually was dealt with in the previous piece of legislation that we did on that. But the issue of impairment does not change. Even without the passage of this, if you are impaired by cannabis or any other drug, you are impaired today, with the passage of the legislation. While we wait for the federal government, you would still be impaired. Companies have existing policies in place around what they expect of their employees and especially, in particular, the trucking industry.

M. Morris: Just one more question on this section, 5(1)(a): “warehouses for the storage and distribution of cannabis and cannabis accessories.” Does the minister have any idea…? Formulated a budget for this? How many warehouses are we going to have? This is going to be a pretty prolific industry — it could be — and I’m just wondering if he has any idea where we’re starting with this.

Hon. M. Farnworth: At this particular time, we’re looking at one warehouse. It also takes up significantly less space than is required for liquor. And in terms of costs around that, I know that the AG’s estimates will be coming up, and they will be able to give you a much more comprehensive answer than I can with this bill.

Section 5 approved.

On section 6.

A. Olsen: Just one question with respect to the facility. There have been a number of questions with respect to quality and quality control. I’m not sure if this is the section of the bill that this would fit in, but it was brought up. So just with respect to ensuring quality and quality control of a product, can the minister speak to what type of warehouse this will be and how the product will be stored?

Hon. M. Farnworth: I can tell the members that the LDB will be buying prepackaged product that is shelf stable.

M. Morris: Section 6. I’m reading the subsections (1) and (2). It says in subsection (1), the latter part, that “the administrator may register cannabis as a cannabis product.” In subsection (2) it says that “the administrator may consider one or more of the following….” I’m just wondering about the choice of words here — “may” versus “shall.” “May” sometimes can be quite nebulous, subjective, and I’m just wondering why the minister chose that language.

[4:55 p.m.]

Hon. M. Farnworth: This is modelled on the Liquor Distribution Act. What this allows the administrator to do…. It gives some discretion in terms of if somebody wants to sell a product in British Columbia. The administrator has some discretion in terms of whether or not and how that product can be sold.

M. Morris: Just so I have it straight in my mind. It gives the administrator some discretion. But if it’s a product that is produced under federal licence, as long as it’s produced under federal licence somewhere in Canada, it’s still legal. I’m just assuming this. It would still be a legal product for the distribution branch to accept here.

Again, I’m just wondering what the distinction is between “may” and “shall” when the only product that can be sold is a legally produced product.

Hon. M. Farnworth: I would make this point. Just because the federal government licenses it or says it could be sold…. We still want to have the ability in that we may want to say, “We don’t want that sold here in B.C.,” if we don’t like the particular product or if we think that the product is actually geared to the wrong market.

For example, shatter. I’m not expecting the federal government to say: “Yeah. We will license and sell it.” But if they did, we may well say, and I expect we would say, that “no, we are not going to see that sold here in B.C.”

M. Morris: That takes us, then, to subsection (2). It says that “the administrator may consider one or more of the following in determining whether to register cannabis as a cannabis product under subsection (1).” So (a) is: “The promotion of social responsibility in relation to cannabis.”

Again, the distribution branch has a product that a legal producer wants to sell, so I’m just wondering what an example is of “promotion of social responsibility” for the various products that can be registered.

Hon. M. Farnworth: I’ll make a couple of points on this. The first. In terms of the licensed producers that we’re meeting, they’re actually very big on this particular section, because they think it’s crucial.

[5:00 p.m.]

As part of the social responsibility aspect of this section, the administrator will be able to look into areas that matter to and may impact on public health — such as the amount of THC per serving, for example, and whether the product promotes overconsumption or, for example, that it would enhance social success, as we sometimes see with other products that are currently advertised on TV. This is what this section allows the administrator to take into account to make a determination about.

M. Morris: Sub (b) is “the nature, packaging and promotion of the cannabis.” Under the federal act, they talk about controlling the packaging of cannabis. Is there an overlap here, or is there something more that government wants to bring in, to cover off something?

Hon. M. Farnworth: This is a section that…. It’s like many things. We’re still waiting for C-45, in this case, to become actual law, the regulations along with it. We expect stringent regulations by the federal government, but what this does is it gives the province the ability to do further if we’re not satisfied with what we see at the federal level.

J. Thornthwaite: I also have a question with regard to section 6(2)(a) and (b), “the promotion of social responsibility in relation to cannabis;” as well as “the nature, packaging and promotion of the cannabis.”

In my remarks to Bill 30, which was yesterday, I expressed concern about the age of 19 with regards to youth consumption but in particular with regards to the risk of increase in mental illness in some proportion of the youth population at that age, 19. Doctors as well as the Schizophrenia association and many psychiatrists have come out really strongly, saying that “you should not be consuming cannabis until at least 25,” because that’s when the brain is properly developed.

My question is: in the promotion of social responsibility as well as the packaging and promotion, is there going to be an opportunity to get that education and health promotion across?

Hon. M. Farnworth: I appreciate the member’s question. It has been an important part of the discussion not just here in British Columbia but in every province right across the country. They’re absolutely not necessarily tied to this particular section, but the issue of social responsibility is going to be a crucial one that rolls out with legalization, and it’s obviously going to have to continue.

We have made that clear with the federal government, and it’s something that’s in our discussions with public health in B.C. — that there is going to have to be educational promotion taking place as legalization occurs and continues. The LDB is very familiar in terms of doing that already with alcohol, for example.

What you’re talking about, the issues you’re raising, will be very much a part and parcel of the overall legalization process here in B.C. but also right across the country, with the federal government also very much involved.

J. Thornthwaite: Just to clarify, is the province then waiting to see what, say, the packaging is going to be, as per what the federal government has recommended? I’m not too sure exactly where the province, as far as packaging, would be different than the federal government and whether or not you’re going to up the ante with regards to health promotion. How does that work?

[5:05 p.m.]

Hon. M. Farnworth: The federal government will be setting the laws around packaging and advertising. We expect, from everything that we’ve been told, that they are going to be particularly stringent and taking into account the issue that you have been raising.

Section 6 approved.

On section 7.

M. Morris: Again, good to see “promote of social responsibility” in there, because I think that’s going to be a big issue here.

I go to 7(2)(ii): “establish the government as the sole supplier of cannabis to retailers in British Columbia.” It’s a pretty broad statement. I understand what the premise is for this. However, when we have a plethora of illegal retailers out there right now, and who knows how much illegal cannabis is out in the province right now, I’m curious to see what steps the minister has in mind to really establish the government as the sole supplier of cannabis to retailers in British Columbia.

I think that’s going to be a major issue. The government needs to make a statement here so that all those illegal dispensaries are put on notice that they’ll be out of business the day this section is proclaimed and the federal legislation comes into force.

Hon. M. Farnworth: I’ll make this point, because I know we’re going to be dealing with it within the other bill, which is actually where those enforcement issues are being raised. What this section is doing and makes clear is that the only distribution place that retailers can get cannabis or cannabis products from and sell it legally will be this distribution centre. Every other province is taking the same approach.

If you had a cannabis store and you decide that you wanted to bypass this, that will be illegal. The only place that you can get legal product is from the provincial distribution system. That’s it.

[5:10 p.m.]

M. Morris: I appreciate the minister’s answer.

I guess I look at this as…. It says: the administrator must administer this act subject to paragraph (a) and also “establish the government as the sole supplier of cannabis to retailers….” A pretty strong statement. So a pretty big job that the administrator has.

I guess my question was more from the perspective of: is government prepared to back that administrator up? What tools is the minister going to bring to bear?

Hon. M. Farnworth: I know we’re going to be talking further about it in the other piece of legislation, but what I can tell you is that we absolutely intend to back up the administrator and the general manager. The general manager’s role under the distribution system will be…. They will be responsible for ensuring that licensed retailers are only retailing legal product, and they will have significant tools at their disposal to ensure that that takes place.

That’s why, again, in the other legislation, we’ve established the policing component whose sole responsibility will be illegal sellers.

A. Olsen: Just further on this 7(2)(b)(ii) with respect to sole supplier, does this mean that all product will pass through the location controlled by the government, owned by the government?

When you say “sole supplier,” all product that eventually makes it to the retail market will pass through the hands of the government at some point? Is that what this is suggesting?

Hon. M. Farnworth: The short answer to your question is yes. At this point in time, the government will be the sole supplier of legal product.

A. Olsen: Just for clarification, how is this different from the liquor distribution? Is this the same as what we’ve got for liquor distribution, or has that changed?

Hon. M. Farnworth: Yes. The answer is yes. It is similar to liquor, in that the government takes title to all of the product that is sold.

Sections 7 and 8 approved.

The Chair: Shall section 9 pass?

I’m sorry. There’s an amendment on section 9…?

On section 9.

[5:15 p.m.]

M. Morris: I’ll spend a little time on section 9 here first. Just want some clarification in a couple areas. “Cannabis revenue must, at the close of each day’s business, be applied, first, for the administration of this Act….” So just some clarification around “the administration of this Act.”

Does that include the salaries and the overall operations of the store itself? Does it also include…? There have been references already to the social responsibilities. Does it have any bearing on the responsibilities that were laid out in the previous sections, the promotion of social responsibilities?

Hon. M. Farnworth: The answer is yes. It has application to the administration of the act, including social responsibility.

M. Morris: With respect to that, I’d like to introduce an amendment to section 9. I’d like to….

Interjections.

M. Morris: Okay. I move that the committee rise and report progress and move to sit again.

Motion approved.

The committee rose at 5:16 p.m.

The House resumed; Mr. Speaker in the chair.

Committee of the Whole (Section B), having reported progress, was granted leave to sit again.

Report and
Third Reading of Bills

BILL 28 — PUBLIC INTEREST
DISCLOSURE ACT

Bill 28, Public Interest Disclosure Act, reported complete without amendment, read a third time and passed.

Hon. M. Farnworth: In Section C, I call committee stage on Bill 29. In this chamber, I call continued debate of Committee of the Whole on Bill 31.

Committee of the Whole House

BILL 31 — CANNABIS DISTRIBUTION ACT

(continued)

The House in Committee of the Whole (Section B) on Bill 31; L. Reid in the chair.

The committee met at 5:20 p.m.

On section 9 (continued).

M. Morris: I move my amendment to section 9 that is standing on the orders of the day.

[Section 9 by adding the underlined text as shown:

9 (1) Cannabis revenue must, at the close of each day’s business, be applied, first, for the administration of this Act and, after that application, 2.5 per cent of the balance remaining shall be spent on cannabis education and mental health treatment, including prevention and recovery, and after that application, any balance remaining must be paid promptly into the consolidated revenue fund.

(2) If cannabis revenue is insufficient for the administration of this Act, the amount of the deficiency must be advanced from the consolidated revenue fund in accordance with arrangements made by the Minister of Finance.

(3) For the purposes of subsection (2),

(a) each advance from the consolidated revenue fund must be recorded to the satisfaction of the Minister of Finance and reported to that minister, and

(b) the Comptroller General may direct the methods and procedures to be employed in administering this section.]

The Chair: Proceed.

On the amendment.

M. Morris: The reasons behind that…. When we talk about this particular bill before us and the emphasis that the government has put on the promotion of social responsibility, including in this bill, the fact is we’ve heard from constituents and individuals about the impact that cannabis has on youth and the threat that it has on developing minds.

Individuals and Health Canada have indicated this. The Doctors of B.C. has indicated this. Developing minds, up to about age 25, have problems or could face some significant issues with this.

When we’re talking about promoting social responsibility, there’s a price tag attached to that. There needs to be a commitment from government in order to put the money into that social responsibility that is so eloquently laid out in this bill — to ensure that the youth are aware of the dangers, the families of youth are aware of the dangers associated with smoking cannabis and the development of these young minds and all of the other social ilks that go with that.

I think it’s important to ensure that we’ve got money that is designated solely for that purpose. This is a new product coming on that government is saying, “There are dangers to it,” but because of those inherent dangers to it, we’re going to commit a certain level of funding to ensure that everybody in this province is aware of the dangers inherent with consuming cannabis products.

So I move the amendment.

Hon. M. Farnworth: I appreciate the notice of motion. I appreciate the member’s motion and the rationale behind the motion. Unfortunately, I have to let the member know that the motion does impose a financial impact on the Crown, and therefore, the motion would be out of order.

Having said that, I appreciate where the member is coming from. I do think he raises an important point, and I want to assure the member that we take this issue very seriously. As we’ve said right from the beginning, we view social responsibility and the issues around mental health and addiction as a key component in terms of what needs to be addressed around legalization.

That’s one of the reasons why I have said outside this House publicly, and I will restate it in this House publicly, that if governments think that the revenue coming from this is some sort of cash cow or a massive revenue stream, particularly in the initial years, then that is a mistake.

[5:25 p.m.]

We know that there are going to be important and significant costs that are going to have to be addressed that are going to require revenue going to those. The issues that the member has raised — in particular around education, social responsibility, mental health, addictions services — are critical in that regard.

I can tell the member that this is an area that we are — I and my colleagues in Mental Health and Addictions, for example — working with the Finance Minister on so that once the bill passes and legalization takes place, we want to see a significant focus in that area. It’s not that I’m rejecting it because I don’t agree with the premise. There may be those who, in fact, say we need more than that. But it is very much a key priority.

A. Olsen: I do agree with the spirit of the amendment, and I recognize that a lot of the questions that have come from my colleagues in the official opposition, very substantial and significant questions, have come around the social responsibility and the action that the government has to take in order to protect the health and well-being of our constituents and the citizens of British Columbia.

I do believe that the government does need to make a substantive investment in that education and in ensuring that the information is getting to…. I mentioned this, in fact, when it came to the Motor Vehicle Act, the first piece of legislation that we’ve gone through. I recognize that once there are some revenues that are flowing to general revenue, it’s going to be perhaps difficult for the Finance Minister to pull that money back and make that investment.

What kinds of commitments can we have? It’s not that I don’t trust the minister. I do. But what kinds of commitments can we have that there will be substantive investments made in education around the social responsibility piece brought by the member of the official opposition who raised the amendment?

Hon. M. Farnworth: I thank the member for that question, just as I did the opposition critic. But we have been clear right from the outset. When the Finance Minister and I were in opposition, we went down to see how legalization was taking place, for example, in Washington and Oregon. That message came through loud and clear — that you need to do that right up front. That was very much part our findings when we came back.

The second is that, in this House, we have been very clear on that issue around the need for education. We have raised the issue continuously with the federal government at the federal-provincial-territorial meetings. It is one that I am telling — in this House, on the record — that we are very much committed to that.

The Chair: Hon. Members, under Standing Order 67, the amendment, by express language, involves the expenditure of public funds. Therefore, it is out of order in the hands of private members.

Sections 9 and 10 approved.

On section 11.

M. Morris: If I understand the sequence of events as we go through these sections and into 11…. If at the end of the day, the administrator or the manager reconciles the books for that particular store and if there’s money made after the administration is taken off, that is put into general revenue. If there are insufficient funds, then I see that this provides authority for the retail liquor side to support the cannabis part of the operation. Do I have this right?

Hon. M. Farnworth: That’s correct.

[5:30 p.m.]

M. Morris: Looking further down into section 11(c), and (d): “section 10 of this Act does not apply, and the annual report required under section 30 of the Liquor Distribution Act must include the information required by section 10 (2) of this Act.” It blends the two, liquor and cannabis, together. I’m just curious as to why government has gone in this direction.

[R. Chouhan in the chair.]

I’m just curious as to why government has gone in this direction. We have the cannabis distribution system distributing it to the retail outlets for cannabis, and now we are amalgamating the financial reporting under the Liquor Distribution Act. I’m just wondering whether that is going to cause some confusion or cloud the effectiveness, I guess, of the financial reporting for the cannabis side, that the public may not get a clear picture of how cannabis is producing.

Hon. M. Farnworth: I’ll make two points. One, it’s being done this way because it is efficient, from the fact that the LDB is the distributor. The cannabis division of LDB will be the distributor. The annual report will make it clear what are the cannabis financial statements and what are the LDB, the liquor financial statements. You will be able to see one, and you will be able to see clearly the other as well. They’re not going to be sort of…. You’re not going to see them mixed or melded in one report. Rather, it will be one report but with two complete, separate sections, one dealing with cannabis and the other dealing with liquor.

Section 11 approved.

On section 12.

M. Morris: Section 12 deals with inducements: “(1) A cannabis official must not, directly or indirectly, solicit or receive an inducement. (2) A person must not, directly or indirectly, give or offer to give an inducement to a cannabis official.” I’m just wondering how an inducement is defined. How definitive is an inducement in this? What constitutes an inducement here?

Hon. M. Farnworth: The reason that term was used is because it has a well-understood meaning in case law in the courts. So that was deemed by our legal advisers on this as the appropriate term to use.

Section 12 approved.

On section 13.

M. Morris: Under this definition of cannabis officials, “does not include any of the following: (a) a worker in a warehouse or store, other than a manager; (b) a security guard; (c) a prescribed employee of the government.” What about supervisors? If the manager is not in the store, if there’s a supervisor in the store, is there a delegated responsibility here with that?

[5:35 p.m.]

Hon. M. Farnworth: I think, to answer the member’s question, it would be…. Anybody who is acting in the capacity of a manager, whether official or not, would be covered by that.

M. Morris: “‘Interested person’ means a person, other than the government, who does or intends to do any of the following: (a) produce cannabis for commercial purposes; (b) sell cannabis….” Does this include illegal grow ops, like somebody who’s got an illegal dispensary in the community?

Hon. M. Farnworth: The answer would be yes. In fact, if someone was operating in an illegal area, whether it was a grow op or whatever aspect of an illegal market it was trying, it would be even more illegal.

M. Morris: Just one more question on this one. Subsection (4) says: “Subsections (2) and (3) do not apply in relation to gifts of nominal value.” No definition here, but I see later on in this bill that the Lieutenant-Governor has the power to make regulation to define nominal value. Does the minister have any indication of what nominal value might mean in this particular case?

Hon. M. Farnworth: A pen would be an example of a nominal gift — or a key chain, something like that. That would be an example of a nominal gift.

Section 13 approved.

On section 14.

M. Morris: I just want some clarification here. Under section 14(2), “A cannabis official may disclose cannabis records and information,” if authorized, and so on. Down to subsection (4), it says: “An agreement under subsection (3) may only be entered into with one or more of the following: (a) a ministry of the government of British Columbia; (b) another government or an agency of that government; (c) a prescribed entity.”

Of course, subsection (3) talks about: “…the minister may, on behalf of the government, enter into an agreement that provides for the disclosure of cannabis records and information to, and the exchange of similar records and information with, a party….” I’m just wondering. Would subsection (4)(b) include public safety, include the police?

Hon. M. Farnworth: We don’t think so, as it relates to (b), but they certainly, most likely, would be under (c), other entity.

M. Morris: I guess what I’m getting at…. I see in sub (5) as well: “An agreement under subsection (3) may only be entered into for one or more of the following purposes: (a) the purposes of the administration or enforcement of (i) this Act…or (ii) laws relating to cannabis that are enacted by another government.”

[5:40 p.m.]

I guess I’m wanting to make sure that there’s nothing that prohibits the information from being shared with law enforcement agencies. Perhaps some clarification on that section.

Hon. M. Farnworth: This section would allow, in fact, the creation of an information-sharing agreement with law enforcement. It would allow what you’re asking to take place.

M. Morris: Has the minister…? Is there an example of where information may not be provided to police, with respect to this particular section?

Hon. M. Farnworth: None that we can think of.

Sections 14 to 17 inclusive approved.

On section 18.

M. Morris: Just a clarification on here. A corporation commits an offence under section 17, with respect to an employee, an officer or an agent…. Subsection (3): “For the purposes of subsection (2), a corporation has the burden of proving that an employee, officer, director or agent of the corporation was not acting on behalf of the corporation at the time the employee, officer, director or agent committed an offence referred to in that subsection.” Is this a reverse onus? Perhaps some clarification on how that section pertains to an employee committing an offence.

Hon. M. Farnworth: The answer is yes.

Sections 18 to 20 inclusive approved.

On section 21.

M. Morris: Again, subsection (2)(d), defining the term “nominal value.” There will be regulations coming in with respect to that.

Subsection (2)(f): “without limiting paragraph (e)” — which is “respecting the disclosure of cannabis records and information for the purposes of section 14 (2) (a)” — “deeming a class of cannabis records and information, for the purpose of section 21 (1) (b) of the Freedom of Information and Protection of Privacy Act, to have been supplied to the government in confidence.”

I wonder if the minister could give me an example of information that would be provided in confidence under the Freedom of Information and Protection of Privacy Act.

Hon. M. Farnworth: It would be the kind of information that business competitors would want to know in order to get an advantage over another operator.

M. Morris: My only concern there is that competitive information…. I can understand that, but as long as it doesn’t limit the ability to enforce any provisions of this act or any of the other legislation?

[5:45 p.m.]

Hon. M. Farnworth: No, it does not.

Section 21 approved.

A. Olsen: We moved pretty quickly. Can I go back to section 19 and ask a question, or is it that if it’s passed, it’s passed?

The Chair: Okay, Member. The Chair will allow you to ask a question on 19.

A. Olsen: Just a very quick question. I recognize that in subsection (a), a corporation is liable on conviction for a fine of no more than $50,000. If it’s an individual, it’s a fine of $10,000 or imprisonment. I’m just wondering. Is there no imprisonment opportunity for a director of a corporation who breaks this…? Maybe the minister can just provide some clarification on this. I might be way off base.

Hon. M. Farnworth: A director of a corporation would also be considered as an individual.

The Chair: Okay, back to section 22.

On section 22.

M. Morris: I see this as another opportunity to make a statement as we transition into this new world here. “The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing this Act into operation and to avoid any transitional difficulties encountered in doing so.”

I think a regulation here that aids enforcement officers in bringing the illegal dispensaries to a halt and in dealing with the large amount of illegal cannabis that is out there, providing some avenue or some direction to police officers as to how they should be proceeding…. Because of the prolific nature we’ve seen in this province here over the last couple of years with the illegal dispensaries and the habit that a lot of these operators have in just flouting the law and carrying on their illegal activities no matter what takes place, I see this as an opportunity, maybe, to provide a little bit more teeth in that.

I was just wondering if the minister had any thoughts on what this regulation might look like.

Hon. M. Farnworth: I appreciate the member’s question. I would say to that particular question, the regulations in the next act dealing with that will pertain, I think, more to the issue that the member is concerned about.

Other than that, I would just say: look, that is why we chose the distribution model that we have chosen. It gives us the greatest control in terms of getting product, the distribution of that product…. It’s the same mechanism that has been used in every other provincial jurisdiction. I think it reflects a commitment — not just here but, in fact, right across the country — to make sure that we are ensuring that the product that gets into the retail system is legal product and only legal product.

We believe that this is the most effective way to do that, and regulations, when they are put in place, are intended to support that principle.

Sections 22 and 23 approved.

Title approved.

Hon. M. Farnworth: I move the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 5:49 p.m.

The House resumed; Mr. Speaker in the chair.

[5:50 p.m.]

Report and
Third Reading of Bills

BILL 31 — CANNABIS DISTRIBUTION ACT

Bill 31, Cannabis Distribution Act, reported complete without amendment, read a third time and passed.

Hon. M. Farnworth: Hon. Speaker, I call committee on Bill 30, the Cannabis Control and Licensing Act. While we’re waiting for some staff, we will also take a five-minute recess.

Mr. Speaker: This House stands recessed for five minutes.

The House recessed from 5:51 p.m. to 5:58 p.m.

Committee of the Whole House

BILL 30 — CANNABIS CONTROL
AND LICENSING ACT

The House in Committee of the Whole (Section B) on Bill 30; R. Chouhan in the chair.

The committee met at 5:59 p.m.

Sections 1 and 2 approved.

On section 3.

[6:00 p.m.]

M. Morris: Just a question. Section 3 says: “The provisions of this Act are subject to exemptions as prescribed under section 130,” which is exemption by regulation. Then 130 states: “The Lieutenant Governor in Council may make regulations exempting the following from all or part of one or more provisions of the Act: (a) a person or entity; (b) a class of cannabis; (c) a form of consumption of cannabis; (d) a thing; (e) an action….” This is a pretty comprehensive list. I’m just wondering if the minister can give me some examples and why this is there.

Hon. M. Farnworth: The key exemption I can give as an example for the member would be medical cannabis, which operates under different legislation at this point in time. We may be required to make an exemption in regards to that.

M. Morris: I go back to section 2. It says: “Unless this Act or the regulations provide otherwise, Parts 3 and 4 of this Act do not apply to medical cannabis.” So it’s in there already. I’m just wondering if there is something else that I might be missing here.

Hon. M. Farnworth: The parts of this bill that pertain to retail do not apply to medical cannabis. That’s why, with this section, that will allow us, if necessary, to be able to deal with exemptions if they are required.

M. Morris: So basically, it’s only focused on medical cannabis and nothing else.

Hon. M. Farnworth: Not necessarily. The reason that flexibility is in there is in part because the federal legislation is still not passed, and we still don’t know what the final outcome is going to look like. We hear that there may still be amendments, so this will give us the ability to deal with that final piece of legislation — that C-45, at some point, gets passed and becomes a federal law.

Sections 3 to 5 inclusive approved.

On section 6.

[6:05 p.m.]

M. Morris: Section 6 is talking about analysts. Perhaps a little bit more background on this. We have the federal government talking about tracking cannabis from seed to sale. And we have the province now using the cannabis distribution centre to wholesale out to the retailers.

Is an analyst under section 6…? Is this the analyst who will go in and check and make sure that the cannabis that’s being sold in the store is in fact from a recognized, licensed distributor? Do they analyze the DNA of the marijuana that’s in the store to ensure that it’s from a regulated distributor federally? What does “analyst” mean in this section?

Hon. M. Farnworth: Analysts are those who’ll be responsible for testing substances and providing evidence in a prosecution of an offence under the act. Negotiations are still ongoing as to whether Health Canada labs will continue doing testing of cannabis for law enforcement purposes or if additional labs will be authorized to carry out testing of cannabis for law enforcement purposes. But that’s the purpose of this section.

M. Morris: I see this as a significant undertaking for government and for the enforcement side because of the number of illegal dispensaries that we already have in the province and the amount of illegal cannabis that is, obviously, in the province here as well. The minister has alluded to the fact or made some fairly strong statements that illegal cannabis will not be tolerated in the province. Does the minister have an idea of how many analysts? Will we be adding a significant number of analysts to staff to help enforcement officers throughout the province and the infrastructure necessary to support them?

Hon. M. Farnworth: That’s where work is currently underway within the ministry on exactly what is going to be required. I fully expect that the member will be asking me those questions in estimates in the 2019 budget.

M. Morris: I surely will. But I guess between now and the estimates in 2019, this…. I’m assuming with the federal legislation, unless the minister has information that the federal legislation won’t be coming into force before 2019 and that this legislation won’t be coming into force before 2019…. I think that transitional period from the time that this does come into force is going to be very impactful and that those analysts are going to be very busy. That’s when we’re going to need to front-end-load onto this system to ensure that we are effective in knocking out the illegal cannabis trade. I’m just wondering how the ministry is preparing for that and whether you are prepared for that the day that this is proclaimed.

[6:10 p.m.]

Hon. M. Farnworth: I appreciate the member’s question. It’s one that, as I said, we are working on. We know that we’re going to have to…. We’re preparing to be ready for when legalization takes place. When that takes place — we still don’t know.

As I’ve said publicly, what I fully expect is that this will be, as in many other components of the entire legalization process, something that is going to be starting out, and it will be building on and ramping up over time to get to the full system that we envisage taking place. Definitely, this is a key component and will be getting considerable attention from my ministry, but also other ministries that will be impacted.

M. Morris: I have it here that…. I think there’s going to be a real need for this, and I appreciate the minister and staff turning their minds to it.

Is the analyst function, or one of the significant functions of the analyst, to use DNA, to do a DNA sample of the cannabis that might be suspected of being illegal, to compare it with a federally regulated producer in the province? Have there been DNA links made? Or how is that going to take place?

Hon. M. Farnworth: The primary role of the analysts is, in terms of that prosecution, to determine whether or not a product is cannabis or a cannabis product, or not. That’s where we’re starting from. Then I have no doubt that over time it is going to build from there.

M. Morris: So judging from the minister’s answer, the analysts will only be used in cases that go to prosecution? In the interim, how do the enforcement personnel determine whether or not the product that’s on the shelf is, in fact, from a licensed producer?

Hon. M. Farnworth: I want to make a couple of points. First, in terms of the analysts, this will be dealing with, you know, a legal store and showing that the product in a legal store is, in fact, legal product. If it’s being sold in an illegal store, it’s illegal regardless of where it came from. The analyst will be looking at in terms of, as I said, whether it is, in fact, a cannabis product or not.

[6:15 p.m.]

In answer to the member’s specific question, on how you determine, there are a number of ways they’re going to be doing that. One is through packaging, records and, importantly, the excise stamp. All of those things are going to be key components in determining whether a product is a legal product that has come from the B.C. distribution network.

M. Morris: I guess I go back, again, to my days of enforcement. Those nefarious individuals who want to circumvent the law are pretty ingenious when it comes to duplicating excise stickers or packaging, counterfeit packaging and whatnot. I’m assuming that’s the role of the analyst, as well as enforcement officers, but sometimes it takes a particular skilled individual to detect the differences.

I guess where I’m going with this is…. We talked, in the previous bill, about government retail and private retail outlets for cannabis in British Columbia. I’m very concerned over the vulnerability of, particularly, private cannabis outlets and their susceptibility to the infiltration by organized crime. If there is a way that analysts can go in and check that product to ensure that it’s what it’s supposed to be — that it’s from a regular, licensed producer in the province….

Hon. M. Farnworth: I’ll make a number of remarks to the member’s question because, again, it is an important question. And he is right. Organized crime or those who want to think that they can skirt the noes and do what they want because they don’t like the rules will always try and find a way to get around those rules and try to be “creative.”

The reality is that enforcement also knows how those things happen, and they are also creative in figuring out what’s going on. The reality is this. There is a lot of interest in entering this market, and if people are not going to play by the rules, they’re going to get caught. They will get caught. There are significant penalties in the legislation, and they will be washed out. They will not have their licence. There are plenty of other people who will be lining up who are prepared to play by the rules, who will be able to participate.

That’s been the experience we’ve found in other jurisdictions, and I fully expect that to be the experience here in B.C.

A. Olsen: Just to follow up with the member of the official opposition’s question with respect to folks who have criminal records that have accumulated over time as they’ve worked in the illegal industry as it currently stands now. I think it’s important to point out that many of these folks have….

As we’ve seen laws evolve over time, it begs the question that…. This law and this relationship that we have with this particular product is evolving, and much of the reason why we’re at where we’re at today is because there have been people that have been working to bring these issues to us, and many of them have accumulated criminal records.

[6:20 p.m.]

They’re going to be left out of this situation. I’m wondering if the minister has anything to say about that — if they’re going to be allowed to operate once this new law is established.

Hon. M. Farnworth: There will be other sections of this act that actually deal with the questions that the member is raising, but I’m happy, at this point, to say, look, no one is being grandfathered in who is engaged in retail. We’ve made it clear that people are free to apply, but there will be significant background checks. Some individuals may find themselves on the outside. That’s just the reality.

There are other sections where we will be dealing with that.

Sections 6 to 9 inclusive approved.

On section 10.

M. Morris: Subsection 10(2) states: “If any of the following entities have custody or control of information that the general manager is entitled to collect under this Act, the entity must, despite any other enactment, disclose that information to the general manager on request”. And subsection (b) states: “a police force described….” in the sections above.

I’m just wondering. If we have a police force that’s investigating a criminal offence or an offence under this act and has information that is sensitive to the investigation, this section seems pretty strong. It’s a very strong section for the police force to disclose that information to the manager.

I wonder if there’s any provision or anything that the police force can use to prevent them from having to disclose any information that may be sensitive to a current investigation that they’re working on.

Hon. M. Farnworth: The collection of information by the general manager, including public bodies and the police, is there to carry out the security screenings and background checks that are necessary in terms of determining fit and proper determinations around licensing. It’s not intended to impede a sensitive investigation.

M. Morris: Would that section compel a police force to release the information even if they felt they shouldn’t at that particular time?

Hon. M. Farnworth: Our expectation is that these arrangements and the way this section will work will be similar to the way that it currently works with liquor. There’s an understanding of how it works by both police and the liquor authorities, and we’re expecting a similar approach in terms of cannabis.

[6:25 p.m.]

M. Morris: Just one more question on this section. With respect to cannabis, the investigation may not fall under the auspices of this particular legislation, but it could include an investigation under the Controlled Drugs and Substances Act as well. Oftentimes there’s information that the police might have in their possession that might compromise an investigation under the CDSA, or a criminal code investigation — whatever it might be.

In my first blush, in reading this section, it seems pretty strong. So I’m just wondering if there is an opportunity for the police to say: “No, I’m sorry. We can’t do that.” And if the manager pushes the issue, what recourse do the police have?

Hon. M. Farnworth: The member does raise a good point. It’s a legitimate issue, legitimate concern. It’s certainly one that we know this section is there for, to do what I think both of us want to see, which is a proper and thorough background check.

The police services branch within the ministry understands the sensitivity and deals with the police on a lot of sensitive issues. We will be discussing with them how to make this work and how to deal with those situations, but I don’t see it being an impediment. We’ll be able to come to make it work, based on experiences in the past and with the staff in the ministry.

Section 10 approved.

Hon. M. Farnworth: Noting the hour, I move that the committee report progress and ask leave to sit again.

Motion approved.

The committee rose at 6:27 p.m.

The House resumed; Mr. Speaker in the chair.

Committee of the Whole (Section B), having reported progress, was granted leave to sit again.

Committee of the Whole (Section C), having reported progress, was granted leave to sit again.

Committee of Supply (Section A), having reported resolution and progress, was granted leave to sit again.

Hon. M. Farnworth moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourned until 1:30 tomorrow.

The House adjourned at 6:29 p.m.


PROCEEDINGS IN THE
DOUGLAS FIR ROOM

Committee of Supply

ESTIMATES: MINISTRY OF HEALTH

(continued)

The House in Committee of Supply (Section A); R. Glumac in the chair.

The committee met at 1:34 p.m.

On Vote 30: ministry operations, $19,606,664,000 (continued).

N. Letnick: People in the other seats are exclaiming how much money that is.

[1:35 p.m.]

Hon. A. Dix: It’s a lot of money.

N. Letnick: It is indeed a lot of money, over $19 billion. Could the minister please advise us as to what percentage of the provincial budget is his health care ask?

Hon. A. Dix: Well, this is interesting. I’d be happy to share this historical document with the member. For the 2018-19 plan, in terms of the ministry, as a percentage of the CRF, it’s in the neighbourhood of 45 percent — 45.0 percent, to be precise. If you’re looking at it as a percentage of the GRE, of government revenues, it’s 40 percent. So it’s in that range.

You can actually get numbers higher than that if you make it net of debt servicing, for example. So those numbers are even higher than 44 percent, but that’s the range. It’s somewhere, depending on what you include, between 40 and 45 percent, which means quite a bit.

N. Letnick: Thanks to the minister for both the accurate answer and the “quite a bit” answer. My rough numbers, when I look at the actual budget estimates document that came out…. If I just look at the Ministry of Health over the total amount of operating, it comes to below 40 percent. So either I’m not including some things or I’m including other things. Would the minister mind just reading the two numbers for the record, so I know where I have to recalculate my percentages?

Hon. A. Dix: As I say, there are three options, depending on what you include. These are just the numbers to contain them. To keep things simple, I’ll just share this document with the member, which shows this historically going back 20 years.

If you look at government reporting entities, which may be the number he’s looking at, the number for 2017-18 is 40.2 percent, and the number for ’18-19 is 40.4 percent. The number for ’16-17 was 40.4 percent, so that’s stayed pretty consistent. As the member will know, in September, the health budget, other than Mental Health and Addictions, stayed relatively stable while other budgets went up. We actually went down as a percentage in that time.

[1:40 p.m.]

If you’re looking at it through estimates documents for the Ministry of Health, the number grows, and you’ll see that at 45 percent. If you look at actuals, the last full year of actuals, ’16-17, was 45.3. It dropped in ’17-18 as a percentage of actuals. But this year the plan is for it to stay just below where it was in ’16-17, which is 45 percent as well.

Those are the numbers, and sometimes there are different numbers in these things. As I noted, you’d get a higher number if you took out debt servicing, which would take that government expenditure on that out of the equation. There may be other numbers the member is looking at, but we can share this with him.

N. Letnick: Thank you to the minister. It’s the answers I wanted to get. Since I’m going to get the sheet, that’ll be perfect.

We can move on to some other issues while I wait for the rest of my colleagues to come to talk about the Interior. We have been approached by a group advocating in British Columbia to inform general practitioners if their patient’s mammogram indicates dense breasts so the doctor/patient can decide if they want to perform additional ultrasounds.

There is a percentage of women over the age of 40 that have dense breasts, and this is a normal and common condition, apparently. Dense breasts make it harder for radiologists viewing mammograms to spot cancer because dense breast tissue shows up as white and so do cancerous tumours. Mammograms are recognized as a highly effective tool for women with fatty breasts, but mammograms alone are not enough for women with dense breast tissue.

The screening programs in B.C., Manitoba and Nova Scotia do not report the density information to the family doctor, as far as I understand. Consequently, most women don’t know if they have dense breasts because they haven’t been told. Like screening mammography, this issue is controversial and will never be settled. But breast cancer is women’s number one health concern and, obviously, a very serious concern to everyone in the House and British Columbia.

Assessing and advising women regarding dense breasts has caught on everywhere else, or a lot of places. When we were in government, we were actually great advocates for breast screening, and I’m glad to see the current government is continuing with that.

I just want to understand if B.C…. There are two questions, and I’ll give you both questions at the same time. If B.C. wanted to make it mandatory for breast density information to be transmitted to patients and their doctors, what would be the process to make this change in British Columbia, assuming that it’s not mandatory now? And then the second question is: will the government undertake to make these changes?

Hon. A. Dix: I met with advocates on this issue in June of 2017, in a brief period when I was re-elected MLA on the opposition side. Obviously, they make an eloquent case for their position.

What has happened — and people are staying informed of this — is that B.C. Cancer is doing a review of the supporting science and implications of the potential policy options. That review is almost completed. Once that final version is complete, the next steps will include developing a manuscript for publication of some of the analysis of B.C. data and then to take further actions based on the conclusions of the review.

The review is in process. It’s not in process so that it’ll be here in 2019. We’re at the final stages of the review now. I know people are very interested in that. In fact, I believe people with the PHSA have met with advocates on this question, which is an important question for many women, and I’ve met with them personally.

Obviously, our intent would be to follow the science and follow the recommendations of B.C. Cancer. They’re in the final stages of the review, and all that information will be shared, obviously, with members of the House but, most importantly, with people in the community. I thank the member for raising the issue.

[1:45 p.m.]

N. Letnick: Thank you to the minister. I also have met with the advocates in the last month, and I think, if I remember my calendar correctly, I’m meeting with one again this week, either tomorrow or the day after. They will obviously ask me if there’s any timeline that the minister wouldn’t mind sharing with us when he says there’s a review being done. I know he said 2018. But any idea as to…? Are we looking over the next few months that this issue will be resolved one way or another?

Hon. A. Dix: We’re definitely going to get the response to the review, as I understand it, within weeks and not months. Then there’ll obviously be some discussions of actions to be taken further to that, but we’re not talking about December 31 here. We’re talking about much closer to June 30 for that. I’m not putting a date on that, but I’m saying we’re talking a period, really, of weeks rather than multiple months before we get the results of the review.

Action has been taken in response to the advocacy. The Cancer Agency has moved on it, on this question. They’re doing their review, and they’re going to be making recommendations. I haven’t seen those recommendations. We need to respect that process, but they are well on the way. They, I think, engaged with advocates in August of 2017 on this question. I engaged in June, so they’ve been involved in that since then.

I think it’s not good news or bad news as to the result of it, but the review is almost completed, and then, obviously, information will be shared.

N. Letnick: Again, thank you to the minister. Seeing as the advocates are going to be coming in and speaking with me again…. I understand — and I think most people watching understand — the need for an evidence-based decision-making process that the government is following and respect that.

Is there any opportunity for the advocates to make any further submissions to this process, or has that now gone past and their submissions have already been incorporated in the review of the evidence?

Hon. A. Dix: I think it’s fair to say that the people involved in the review, the PHSA and others, have engaged with the advocates and received their information.

There’s always, of course, an opportunity to present more information. There’s always that opportunity, but we’re getting close to the finalization of the review. I think the next step of engagement would be after the review is completed, which will be soon.

N. Letnick: Thank you to the minister. Again, for my sake and just for clarity so I know what to tell them and not lead them with high expectations, I could tell them what the process is. I’ll obviously refer them to the Hansard record of this discussion for clarity and then advise them that should they have anything else to provide to the process, they should send it to the B.C. Cancer Agency or to the ministry or to some other body.

Hon. A. Dix: I think, in general, the lead here in terms of population oncology is Dr. John Spinelli, so a good place to go would be through his office. But if letters are sent to me or to the Deputy Minister of Health, Stephen Brown, they’ll be forwarded to the right places. I always like to hear from people.

N. Letnick: Thank you to the minister again. As we’ve both said, this is a very serious matter and affects half the population, potentially. I’m happy to see that we are going to get closer to a resolution, whatever the evidence may show.

Switching gears, I’ve been contacted by Dr. Paul Etheridge regarding pain intervention in British Columbia. He’s a GP-anaesthetist who has completed a 12-year interventional pain medicine fellowship at McGill in 2012. He understands there’s a new accreditation guideline for non-hospital pain clinics that’s being brought in or being discussed to be brought in.

He says that these are worthy processes that can serve the greater good, but the implementation, of course, may significantly impact IPM physicians and reduce non-hospital pain services to British Columbians with major unintended consequences to health authorities and chronic pain patients.

[1:50 p.m.]

He believes that the government is going to require a 12-month Royal College pain fellowship, which does not currently credential new pain fellows to perform interventional procedures outside of basic treatments. There’s a movement at the Royal College to increase interventional pain procedure training but currently not a core requirement.

His concern is, if I can paraphrase…. If you’re in hospital, you’re going to be covered without the fellowship because of the Hospital Act and the other acts that we have that protect people in hospital. But if you’re not in hospital, and you want to do one of these pain interventions, you’ll need a fellowship. Many physicians who are providing the service — who are properly trained and have been working and doing this for years — don’t have that fellowship. They would require a 12-month fellowship.

The point is, unless we want to see…. He says approximately 80 percent of current practising IPM physicians are being forced to stop providing the service. The government or whoever the authority is — I apologize for not having that in front of me; it could be the college — might find itself in a situation where there are going to be a lot more people at the ER looking for pain mitigation when they’re now getting it outside at these physicians who are properly trained, in large part, I would guess, or in part at all, by Dr. Paul Etheridge and other people who had the fellowship.

Just to sum up: is there a way that we can grandfather in these physicians who are doing a good service so we don’t end up with 80 percent, as he states, of the people who are doing these services not able to do them anymore and causing a large number of people to go to emergency rooms all over British Columbia?

I know that’s not what the minister would like to see. We’re trying to get more people in the community taken care of, right? That’s why we’re going to primary care networks. That’s why we’re working on emergency services outside of hospitals that can be taken care of — that don’t require ERs. I think it would be counterintuitive to come up with a new regulation that would, for all intents and purposes, disqualify 80 percent of the people who are doing the work now. If the minister wouldn’t mind having a comment on that.

[1:55 p.m.]

Hon. A. Dix: There is a review taking place on IPM. The review involves the Provincial Health Services Authority, essentially a committee of doctors, to look at those issues, but also the College of Physicians and Surgeons, because some of the doctors in question may not have hospital privileges.

These issues have been identified as part of the review, as have issues with the increase in complexity of the issues involved in IPM and the need for levels of training to address that. So this issue isn’t decided yet. In fact, it will be some time before it comes back to the ministry. These are the issues that the college is working on and the PHSA is working on, or committees of doctors within both organizations are looking at.

I think it’s premature to say that it would have that consequence. Certainly, the issue being raised by the hon. member is something the college has made us aware of as well, and it’s obviously a subject of concern. So as always with these things, it’s the balance between ensuring that people are properly trained and prepared to deal with the increasing complexity of the issue, on the one hand, and on the other, making sure you don’t have unintended consequences for service to British Columbians. But these issues are before us, including our discussion today.

The comments of Dr. Etheridge. He, I’m sure, would be invited by people involved in those processes, to be involved for really some time — I mean months — before the issue comes back to the ministry. So there’s no imminent decision and no decision taken on this question one way or another.

N. Letnick: Thank you to the minister for that. The 80 percent number. I just noticed here it says that the pain medicine section of the Doctors of B.C. are the ones that estimate that, when implemented, 80 percent of current practising IPM physicians will be forced to stop providing pain treatments.

It goes on to say that they will have an immediate impact on ERs, and patients will seek other forms of pain relief they can obtain, potentially adding to the current opiate crisis. These are not my words. Obviously, the minister recognizes — and I’m sure the college and everyone involved recognizes — that we have to be very careful when we make decisions like this, for the unintended consequences.

A little smile on my face comes on when I read that it’s actually the former minister, Terry Lake, that initiated this process and not the current minister. So we’ll give Terry Lake full credit for this one, and I’ll ask him later about the outcomes of this.

The College of Physicians and Surgeons of B.C. have been asked to regulate interventional pain procedures outside health authority clinics — which, in and of itself, like I said, is a good thing. We just have to make sure that these doctors, who have received training from clinics like Dr. Etheridge’s, for example…. They’re well trained, are experienced, and they’ve been providing pain services from five to 15 years.

So that we don’t end up in a situation — and I’m sure the minister will agree — where, as the estimate of the pain medicine section of the Doctors of B.C. says, 80 percent would be unable to practise…. Obviously, that’s not something that would be of any interest to people in pain, first of all, and to the minister’s and government’s intention to keep people out of hospital whenever possible.

If the minister doesn’t have a response, I’ll go on to the next question.

Hon. A. Dix: Just to say that this issue was raised by my deputy minister Steve Brown and assistant deputy minister Mark Armitage in a meeting they had this morning. The meeting wasn’t about this, primarily, but this issue was raised at that meeting. The government is aware of it, and now they’re even more aware of it.

It’s obviously a significant issue as we develop this area, which is to increase and improve standards — which you always want to do, of course — and ensure that as a consequence, these patients don’t suffer. These issues are right before the government and the appropriate authorities right now, including the college and including the PHSA and the doctors involved in these reviews. I appreciate the hon. member raising the question.

N. Letnick: Again, thank you to the minister and his staff.

[2:00 p.m.]

Here’s one that the minister knows fairly well about, one that he’s been living with all his life, or a large part of his life, and that’s diabetes. I don’t think I’m sharing anything new. I think the minister has shared that fact many times in many public forums.

If I understand correctly, a commitment was made during the last election, by the government, that they would expand the insulin pump program. Could the minister comment on what expansions he sees to the insulin pump program and when they’ll actually occur?

Hon. A. Dix: As the member will know, for people particularly with type 1 diabetes but also with type 2 diabetes who have incomes under $45,000, the changes we made in the budget with respect to deductibles for PharmaCare were very important. People in those categories tend to be…. All of them, almost without exception, who have type 1 diabetes, are spending money on prescription drugs and devices, be they syringes, test strips or whatever, which takes them well above that. So basically, that group of people is almost a test case of people who could most benefit from the changes we made then.

We made a commitment…. The member will know that in 2008 and ’09 — I think I was Health critic and advocating for this — then Premier Gordon Campbell announced, at a west side elementary school in his constituency, that for the first time the government would fund insulin pumps for children.

In the 2013 election, I campaigned as Leader of the Opposition to expand that to 25, because you had people in a very difficult period in their lives who might lose coverage when they went from 18 to 19, which is a vulnerable area for a lot of social services and health services, and this one in particular. The government, under the direction of Health Minister Terry Lake, subsequently did that.

We committed, in the 2017 election, to remove the age limit on insulin pump coverage. While we’re not announcing it today, we’re obviously working on that issue, both to get the best possible deal for British Columbians and to fulfil that campaign commitment, which was obviously a commitment made over the period of the mandate.

I’m hopeful that we’ll have good news soon, but the work is being done on that file. Obviously, it’s a long-standing personal political commitment by the government, and one that has consistently also been supported by members of the Liberal Party as well.

N. Letnick: Thank you to the minister. The minister should, I believe, feel open and available to make any announcements today that he wishes to make regarding this matter or any other matter. I don’t think anybody in this House would object to cutting a ribbon or crossing an X or doing whatever. He’s smiling pretty well over there, and that’s good. I’m glad to see that the minister, after — what? — day 3 of estimates, is still taking everything in stride.

The Diabetes Canada recommendations to the government of British Columbia. There are three. Expand the provincial insulin pump program to include all British Columbians with type 1 diabetes, regardless of age. I think the minister’s already addressed that. They’re looking at that, and we’ll have an announcement in some community near you at some point. Number 2 is to list medications with proven efficacy on the proven drug formulary in a timely fashion. Number 3 is to commit to public funding of foot specialist visits and off-loading devices for those with diabetic foot ulcers and to improve foot screenings and education.

Would the minister care to comment on the other two requests?

Hon. A. Dix: As the member will know, obviously I have personal insight. Really, how we deal with chronic diseases such as diabetes is a reflection of how we deal as a public health care system. That’s why I was very proud of the changes we’ve made that positively affect people with diabetes.

I think the one thing that we have to understand, and I as the Minister of Health particularly have to understand, is that many of the most important things we do to support people with diabetes are not in the health care system at all. If you knew one thing about someone as to whether they’d have type 2 diabetes or not — that number is approximately 400,000 and growing in British Columbia — the one fact that you would know is whether that person is living in poverty or not or what their income was.

[2:05 p.m.]

When you’re changing things, such as income assistance, disability or other services, to reduce inequality in a society, you’re taking important steps to assist people with diabetes — just as you do, interestingly, when you expand access to activity, whether it be for seniors or whether it be for young people in a society, giving people who may not have the opportunity to pay for hockey camp or something, those opportunities in the community.

Both on type 1 diabetes and type 2 diabetes, there’s a tendency to take a medical response. In my own case — because ever since I was diagnosed with diabetes, I’ve had good jobs, a loving family, supportive co-workers — even though I don’t own a home, I don’t own a fancy car, and I’m limited in those ways on what I can purchase, I would never go to the grocery store and not be able to afford something. It’s always better to buy whole fruit than it is, for example, juice, for someone with diabetes. So these are important questions as well.

On the insulin pump question, we’ve responded. On the PharmaCare question, we’ve responded. We’ve talked a little bit about drug approvals and their challenges. But I would say — and I do say this to groups of patients and fellow people living with diabetes — that we have to ensure, as well, that there be opportunities for people with diabetes to address income inequality, activity in their lives and other supports that are just as important for addressing issues of people living with diabetes. That’s the balance, of course. Is it a medical response? Is it a drug approval response? Or are there other things we can do? The answer, of course, is that it’s both, but we can’t lose sight of one in pursuit of the other.

Diabetes Canada, of course, is an active member of the B.C. Healthy Living Alliance. The member will know that a former federal Member of Parliament was involved in that for a very long time and has given its modern inspiration — Mary Collins. They advocate for many of those things on behalf of Diabetes Canada and on behalf of Diabetes Canada here in B.C. and Yukon.

Those are the kinds of things we’re doing right now on the issue. The drug approval questions are ongoing questions that we get advice on and that we address one by one. The drug that people talk about most right now with respect to type 2 diabetes is a drug called Jardiance. Its listing is a question that is before governments across the country, and the extent to which that drug will be provided. But we also have to balance those questions with other programs we could do that would greatly assist people with type 2 diabetes and type 1 diabetes.

Those questions, especially questions of income inequality, are crucial questions, because someone in my circumstance, I would say, on average would live many, many years longer than someone currently living on disability with diabetes. So we have to address those questions too.

N. Letnick: I would say it’s to the benefit of all British Columbia that people with diabetes, as the minister said, are living longer and, in a lot of cases, living good lives. I know this place is much better for the minister being here — living longer, as he says, a great addition to our province.

When the time comes to consider funding the insulin pump, will the government be advising the recipients that the government has made the decision as to which pump they will pay for? Or will the government be looking at, perhaps, a reference-based price which says: “Here’s as much money as we will provide for a pump”? That would probably be an acceptable pump at the least cost. “If you want this other pump, which you think is better, you go ahead, but you’ll have to pay the difference.”

[2:10 p.m.]

Hon. A. Dix: Of course, should we announce the program, which I’m optimistic about — as someone who has promoted it for many years and who happens to be Minister of Health — obviously, the details will come through. But this is not an unusual process. It’s just in the realm of people with diabetes — for insulin test strips, for example. The previous government put limits on the coverage of insulin test strips but provided the opportunity for doctors to have exception to those limits, based on special circumstances.

That’s the consistent pattern of governments in terms of funding these things. The details of insulin pumps will have to await the announcement we would make, but we have been in consultation and discussion with Diabetes Canada and others about some of these questions. They’ve asked some questions about our approach, and we’ve been engaged with them, as well, and have heard their point of view on those issues. The announcement of what we’re going to do will have to await the announcement of what we’re going to do.

N. Letnick: Thank you to the minister. I appreciate the announcement, whenever it’s made by this minister, since he has been advocating for this for so long. We’ll also have some details as to what’s in the announcement.

Now is my opportunity to perhaps….

[The bells were rung.]

N. Letnick: Go to a vote? To continue later.

The Chair: The committee is now in recess.

The committee recessed from 2:11 p.m. to 2:22 p.m.

[R. Glumac in the chair.]

T. Stone: I just have a question, possibly a couple, with respect to the village of Chase. Chase is a small community — I know the minister is well aware — population roughly 2,500, on the shores of Little Shuswap Lake, about a half-hour drive into Kamloops, a half-hour drive to Salmon Arm the other way.

When you look at the demographics in Chase, this is a community that’s got a disproportionate percentage of its population over the age of 65. The health care needs for those individuals, for those seniors, are obviously a bit different than if it were a younger community overall. Yet there are no long-term care or residential care beds in Chase.

It’s a point of contention for several dozen families a year that end up having to deal with those separation issues, to put mom or dad or aunt or uncle into a facility, if you’re lucky, in Kamloops or Salmon Arm. Often it can be a different facility elsewhere in the province.

The Chase and District Health Services Foundation, which is a volunteer organization and has a very good working relationship with Interior Health, has had some initial conversations over the last couple of years — well aware of a number of other similar facilities in similar-size communities that Interior Health has worked on.

Comparable communities would include Lumby, population 1,300; Enderby, population 2,700; Golden, population 3,200; Keremeos, 1,500; Sicamous, 2,400 — all worthy projects in these respective communities in terms of long-term care, full-care residential care facilities.

[2:25 p.m.]

I would note that the percentage of the population that’s over 65 in each of those communities I just listed is somewhere between 16 and 25 percent, depending on which community you pick. Again, as I mentioned earlier, the percentage of the population over 65 in Chase is 37 percent. So 37 percent of the 2,500 residents are over 65 years of age.

They’re in their very early stages of pulling together a proposal — a business plan, and so forth. I assured these folks that I would, when given the opportunity, pose the question to the minister.

I’m just wondering if the minister could provide any update for me, any consideration within Interior Health that he might be aware of with respect to working with the village of Chase on putting that plan together, so that at some point in the reasonable, not too distant future, folks in the village could look forward to having a facility in their community and not having to ship their loved ones off to communities, which can often, as I said earlier, be hours and hours away.

Hon. A. Dix: I’m actually a big fan of the village of Chase. It’s good to hear.

T. Stone: It’s the golf carts.

Hon. A. Dix: The golf carts? I like that. That’s not my game. Either golf or golf cart racing, which I think the member may be very good at. You know, he’s….

T. Stone: Off-road. Keep riding separate paths.

Hon. A. Dix: That’s right. I like your thinking. You get them souped-up, and they can really go.

I think the issue he’s talking about for communities of that size is an issue that you’ll see all over the Interior. There are two sets of things we do. First of all, I’d be very interested in talking to people in the village of Chase. I know that I’ll be meeting with the minister and a constituent on my next trip to Kamloops, which is delayed a little bit but should be soon, and I’d be very happy to talk to people personally in the village of Chase.

Generally speaking, the allocations for new seniors beds go through the health authorities. The member will know that the CEO of Interior Health is an outstanding CEO, Chris Mazurkewich,who would be dealing with those issues. Certainly, I’ll be talking to Chris about this, with the member having raised it.

There’s the issue of long-term-care beds, which is significant. But I think the issue all over the Interior and the north as well is the fact that there are many small communities that may not, for quite a while, get long-term-care beds. I’m not saying one way or another about Chase, but in general.

What that tells us is that there’s a really profound need to improve community care, home care and home support, because for people in those communities, the move from their home to long-term care can mean, also, that they’re moved from their own community to another community. So this argues for, as well — in addition to steps we’ve taken in long-term care — improving home care and home support services. We’ve had some significant debate about that, but I think it’s particularly important in the north.

If you look at northern and Interior communities, on average, those communities come closer right now to our collective goal of reaching 3.36 hours per resident-day in care homes, which is a standard of care. In the Interior and the north, those numbers tend to be higher, because in the Interior and the north, more of the facilities are health care–owned and –operated, which are themselves a higher level of care.

We’re also focused, particularly in the north and in the Interior, on improving home care and home support services, both professional services such as nursing and OT in home, but, as well, home care and home supports so that people can stay in their homes as long as possible in the interim period.

I’ll take the presentation by the minister. I hope to meet with people from Chase at some point in the near future on an upcoming trip in the region to talk to them about their needs, because addressing those community needs in home care and home support and community care and in long-term care is very important and a priority. I’ll be engaging with Chris, as well, on the same question.

[2:30 p.m.]

T. Stone: Just one follow-up. First, thank you, Minister, for the commitment to meet with my constituents in Chase. I would certainly be more than willing to facilitate that and look forward to that on your next visit to Kamloops and Chase.

I think it’s important just, again, to underscore the need that there is in Chase today, not just in the numbers but in the type of care that’s required. I couldn’t agree more. I think a lot of good work has been done over the last two, three, four years on home care, home support. That’s obviously a huge part of the strategy moving forward. It was when we were in government. I’m happy to see that it appears to continue to be an important priority for the current government, but there are still big gaps in the system when it comes to seniors care.

It’s all anecdotal. I don’t have the hard and fast statistics, but the number of stories that I hear from constituents in Chase…. They end up having to send a loved one, a frail, elderly loved one, often by ambulance, and then they get transported into Royal Inland Hospital in Kamloops. It might be for a fairly minor issue or condition, but you don’t know.

While the primary care has gotten much better in Chase, and home care, home support, as I mentioned, is improving, these people are still falling through the cracks. It would seem to me that the more appropriate level of care would be that full-service residential care for those who really need it. There’s a lot of people in Chase that really are going to need that.

I guess my final question to the minister would be this. In addition to a commitment to, perhaps, sitting down with the Chase health services foundation — I’d be happy to be there as well, if that’s appropriate — I’m wondering if the minister could commit to providing myself and the village of Chase with a contact person in Interior Health.

Chris Mazurkewich has been fantastic. He has done a great job as CEO over the years. There has been a lot of turnover in different individuals in the health authority. Part of the struggle, I think, at this point, in putting together a proposal on the part of the village, is understanding and knowing who they should be dealing with inside of Interior Health. I have found it somewhat challenging, myself, to try and figure out who that person is.

I’m wondering if the minister could commit, in as expeditious a manner as he’s able, to helping us connect with who we should be talking to so that we can do that work together in the best interests of the people who live in Chase.

Hon. A. Dix: Happy to. Let’s just say, because we love deadlines here…. How about by tomorrow at five we’ll get you the name of the person to contact.

T. Shypitka: Thank you, Minister, for the opportunity.

I just wanted to ask a couple of questions about assisted care. It’s something that’s really important in my region. I’m sure it’s important in every region, but I have a couple of residents that live in assisted care right now having some issues with care. The proper care that they require isn’t being met.

I know we’ve recently bumped up the care hours, and that’s much appreciated. To me, the single most important part of assisted living is how many hours they get that they deserve to get. The second most are whether or not the hours are being allocated properly and whether or not the right professional is allocating those hours.

In discussions I’ve had, we’ve addressed care hours and those that need them, and we found that there might be some gaps. Where reporting is done in Interior Health, anyways — I’m not sure if it’s across the board — it’s semi-annual reporting. I believe that to be true — that the private contractors have to show how many hours they’ve provided, where they’ve gone, those kinds of things.

What happens sometimes is…. For example, I’ll use Christmas time. Care providers may be sick, or they may be short-staffed, and those people that need the care hours the most aren’t being facilitated properly. What happens in January, then, is sometimes those private contractors will overstaff a little bit. That kind of gives it a bit of a smoothing curve so that when they do their semi-annual reporting, it appears that everything is all well.

[2:35 p.m.]

Well, it’s okay to be overstaffed, and we appreciate that, but it’s when they’re understaffed that it’s the hardest on these patients — or these residents, I should say. I’ve heard horror stories of some of these assisted people that are left hanging in hoists for half an hour at a time and some very troubling things like that. It all comes down to not having the right amount of care aides that are there to facilitate them.

What we’ve actually done with Interior Health is we’ve got the private contractor to report monthly, just to back-check to see if this is actually indeed the truth. It seems to be working. More regular reporting is actually keeping everybody on track a little bit better.

I’m just wondering, and the question to the minister is: has he maybe thought about increasing reporting periods to do a monthly, or with the way that technology works nowadays, it could almost be every payroll? When payroll comes out, it could be a click of the mouse, and those payroll stats go straight to Interior Health. They can actually see if the right care professional, the LPN or the RPN or the care aide, is actually there in place at that time. Kind of like real-time reporting.

Has the minister considered anything like that?

Hon. A. Dix: I assume when the member is talking about assisted care or assisted living, he means long-term care in a general sense — funded long-term-care beds.

As the member will know, one of the significant parts of the budget we just tabled was to address a very significant gap in the health care system. In 2016, the seniors advocate reported and said that 92 percent of care homes across British Columbia did not meet care standards. That’s a significant failing of the health care system, because that information had been known for some time.

We’re taking significant action here to raise the average across every health authority to at least 3.36 within the terms of the three-year seniors plan. That means very significant new funding.

The majority of that funding is going to go to private and non-profit operators, because they have a lower level of funded beds on average now than health authority–owned and –operated. With that very significant budgeted money going to the operators, we do have high expectations that they will be operating consistent with that.

The circumstances the member talks about. With respect to the issue of…. I think he would admit he talked about an extreme case. If there are issues like that, then those issues should be reported — period. I’d say that aside. If there are issues where there are problems for people in care, they should be reported to the health authority. In a general sense, I would say that’s just not acceptable. I think, in general, our private operators, our non-profit operators or public operators do a very determined job to ensure that people get respectful levels of care.

With respect to questions of December and January, it is frequently the case that private operators seek help from health authorities in those circumstances to find staff to fill in, in those periods. I think some of the circumstance he talks about, where the averages change month to month, are a reflection of that.

[2:40 p.m.]

We are going to be, I think it’s biannually now, moving towards quarterly reporting as a standard across the system. So we’ll start to see that.

I think daily reporting is more of a challenge, because in many care homes, a certain allied health professional might come in on one day a week, and that would skew the hours day to day. Having more consistent reporting, I think, would be a good thing. We’re looking at some web-based options for that.

I think, in general, raising the standard of care is a high priority. We’ve put our money where our mouth is on this question everywhere in the province. I think the average in Interior Health of care hours is the second highest right now, after Northern Health, so we have not quite as far to go in that area. I think the average is roughly 3.3 in Interior Health. I stand to be corrected. The people behind me are correcting me all the time. If that doesn’t happen, the critic will be correcting me, I’m sure. That’s what the situation is now. The difference between those is significant.

The final thing I would say, and this is particularly true in communities around B.C., is the need to find the next generation of care aides, the next generation of nurses, the next generation of allied health professionals and the next generation of doctors. That’s particularly true for care aides because the 3.36…. We’ve found the money, and annualized, that sum of money is about $110 million a year, every year, to raise the current care homes to the care standard. But we also have to find the people, and that’s a critical question, particularly in an area, an industry, which has relatively high injury rates.

Part of the way of finding the people is to reduce those injury rates. Part of the way of finding the people is to transform and transfer part-time work to full-time work. Part of the challenge that we’re talking about is the absolute need across the system of increasing the number of, especially, young care aides, young LPNs, young registered nurses so that we actually have the people — not just the money but the people — to fund this area.

The number of people over 75 is going to double in less than 20 years — over 75. If you look at long-term care, the core group of people in long-term care is in that category. That means we’re going to be challenged. That means we need better care at home so that people don’t have to go into long-term care, but as well, obviously, high standards in long-term care, because more of us are going to be there in the next 15 years, and this will be a bigger issue then than it is now.

T. Shypitka: Thank you for that. It’s encouraging to see more hours going back into our assisted-living and care homes, long-term care. Of that 3.36, what allocation of that is direct care? I think before, in the old model, it was 3.15 hours, and 2.8 was direct care. Can the minister explain the allocation on that 3.36?

Hon. A. Dix: The 3.36 is all direct care. Three of that is nursing, which means care aides and, obviously, LPNs and nurses. The remainder is allied health professionals.

T. Shypitka: I’m just a little confused. I thought that dietary concerns wouldn’t be actually, per se, direct care. It would be allocated indirect care, kind of, but maybe I’ve got that wrong. I’ll let the staff look at that one.

I’ll just go on to something else, quickly. I’ve got one more question. It’s in regards to Parkinson’s. I’ve got some constituents who suffer from Parkinson’s. It’s a very tough condition, illness, to have.

I’ve got one constituent who actually got a very good surgery, deep brain stimulation surgery, DBS. As the minister probably knows, it’s a very time-sensitive surgery. Not everybody with Parkinson’s can be afforded this type of surgery. If it’s not an elevated condition of Parkinson’s, you are not eligible to get DBS. But if it’s too far gone, then you’re certainly not eligible. There’s a tight window there.

The only problem right now is getting that surgery in a timely fashion, as we’re low on those specialized physicians that provide that service. I’m just wondering if that’s on the minister’s radar as far as attracting those specialized physicians to the province so that our constituents can get that much-needed — life-changing, actually — surgery that is required for anybody that has Parkinson’s.

[2:45 p.m.]

Hon. A. Dix: First, on the question. Just to be clear, out of scope — so out of the 3.36 — non-direct-care worked hours consist of support or secondary resident care, in which interactions with residents are not primarily focused on the care or care plan for the residents; e.g., laundering the linens or preparation, cooking and plating of meals. The 3.36 is direct care hours, just so we understand the difference. That’s, I think, an important question.

What’s happened in health authorities over time is that those numbers, on average, have been under the 3.36. So when he refers to things like 2.8, 3.15, generally that refers to direct nursing hours and then the allied health hours below that. That would be below standard. As of 2016, 92 percent of care homes were below standard, so what we’re trying to do is raise that in a good way.

With respect to Parkinson’s, obviously, I have many constituents, too, who talk to me about these issues, and family members who are struggling with Parkinson’s disease. I’m very well aware of the challenges faced.

The DBS surgery the member talks about is a concern for lots of people because it’s seen as a very positive thing. What we’ve tried to do on surgery — and the member will know we made an announcement at the end of March — is to increase significantly the number of surgeries in two areas where there were very significant wait times, hip and knee replacement and dental, and to raise the number of surgeries in all other areas to make sure that we’re maintaining the level of service.

People have made representation to me about DBS. What I’ll endeavour to do, as well, on that specific category of surgery is make information available to the member in the coming days, if that’s all right, to respond in detail to his concern.

T. Shypitka: Thank you for the information on DBS and the availability of that life-changing surgery. I’ve seen it firsthand, where the constituent actually came in and turned off his electrical charges and sat down. Then within minutes, he’s shaking quite visibly. Then he connects himself back up, gives himself a little bit of a jolt, and it’s quite miraculous, the difference that it’s making. These surgeries are life-changing and improve the quality of life incredibly. If the minister can put that on the radar for sure, I look forward to the information coming back.

Going back to the 3.36 hours, that includes management as well — management, dietary, all that kind of stuff? There’s a difference between management and direct care. I just wanted to find out what that actual allocation is — if there is, actually, anything there.

Hon. A. Dix: We had some exchanges on this earlier, but I’m happy to let the member know that direct care worked hours are a subset of worked hours and include only the hours worked by staff or contracted service providers, including RNs, RPNs, LPNs, care aides and allied care, in the direct delivery of services to residents. For example, allied care includes both professional and non-professional direct care providers.

Pastoral care and volunteer coordinators are not considered to be direct allied care providers. The criteria to apply that distinguishes between what is characterized as professional versus non-professional is whether or not the profession has a regulated college in B.C. That’s the definition of professionals. There are obviously some professionals that don’t have that in.

Direct care worked hours do not include hours worked by nurses who are administrators or provide clinical support, volunteers, and positions paid for by donations or grants. In addition, tasks performed by care aides, such as plating food, setting up a dining room for a meal or cleaning up after a meal, light housekeeping and other laundry duties are also excluded. That’s the distinction.

These are direct care hours. We could set the standard differently, and the number would be higher. But the purpose of this direct care hour standard was essentially set about ten years ago. It was set out to address direct care hours.

[2:50 p.m.]

If you included all the other things that go on in a care home, the numbers might be higher. But again, we want to compare apples to apples, and we want to increase our direct care hours to support seniors who are living in long-term care.

T. Shypitka: Thank you. I’ll pass it over.

D. Ashton: Minister, just a quick follow-up to what we had been talking about before — Penticton Hospital. You had mentioned it. Could you give me an update on the tower, where it sits? Opportunity for on time and on budget, and a completion date. Also, when the scheduled renovations to the existing structure are meant to start.

Hon. A. Dix: Oh, the words that ministers always like to say: on time, on budget. You know? Nothing beats that, really.

Interjection.

Hon. A. Dix: Well, that’s good. Unfortunately, we can’t say that about that, alas. What we could do with the additional $1.8 billion. What we could do with that. I think we could build a lot of ERs with that additional $1.8 billion. But anyway, I digress. Your colleague is heckling me here — I say to the hon. member for Okanagan-Penticton. I am trying to maintain a stiff upper lip in the…. That’s cool.

The project cost was $312.46 million. There’s a total project reserve of $10.1 million. As you know, we’re about a year away from opening. The proposal — and you can certainly share this with the member — is to complete that, obviously, to open that. The estimated renovation, which is phase 2 that he’s talking about, is estimated to begin in May 2019 and end in April 2021. So we’ve finished the first, and then we move over to the second.

Having toured the facility, I think it’s going to be a fantastic addition to the health care service in Interior Health. I’m very enthusiastic, and I know that the member and I are going to be there when we open it in a year. Whether I’m still Minister of Health, I will leave to others, at that point. Nonetheless, I’ll probably want to be there anyway.

D. Ashton: I want to thank the minister for that. Just a quick follow-up, though. Funds are in place for phase 2?

Hon. A. Dix: Yes.

D. Ashton: The last question is on the surgical announcements regarding hips and knees, etc., and the increase that you are looking at. Are the specialists in place to facilitate that — i.e., those involved in anesthesiology, etc. — to help pull down some of those long wait-lists? My question is: do you have the staff available to be able to accelerate these operations to try and get more and more people off the wait-lists?

[2:55 p.m.]

Hon. A. Dix: The short answer is yes. One of the things that we did…. This isn’t, I don’t think, the normal way for government to do things, but the way I like to do things a little bit. It’s a small innovation, which is in the area of MRIs and in surgeries. We instituted many of these changes in advance of announcing them, because I wanted to see…. When you make an announcement and you say there are going to be this many surgeries, you want to ensure that you can do that.

I think we’ve showed that over a period of months that we could meet the very ambitious targets that we set for hip and knees. If you think of hip and knees, that was 14,300 surgeries in 2016-17, and we’re talking about 19,250 surgeries in 2018-19, right? That’s a significant increase, obviously, in that short period.

Nothing in health care is without human resources challenges. We, of course, have lots of work to do on all surgery issues into the future with anaesthesiologists. This is nothing new. We continue to do that. The other main area of concern for us is the number of specialty nurses. We’re already doing some work with BCIT and other places to increase numbers there. We’re confident we can meet those targets.

We need to continue to meet targets in the coming years, because the idea here is to dramatically reduce wait times in the two areas we’ve identified, which are dental, which is really important for the people in that category…. People who need general anaesthetic for dental care tend to be people whose wait times are…. Sometimes, they’re not able to communicate, so they can be particularly painful. We wanted to address that, and we are.

In addition to that, on hips and knees, we want to reduce those and then maintain a much lower wait time for hip and knee replacements. There are other categories of surgery where we’re increasing less dramatically but increasing and that we had hoped to target in future years.

The efforts with respect to anaesthesiologists and specialized nurses are going to be necessary into the future, because there are going to be more challenges and more demand in the future. So it’s not just meeting the targets for the next year or two, which I’m confident that we can do. It’s meeting targets five years from now, seven years from now, nine years from now.

In the cases of doctors, in particular, and nurses and others, who take years to train, if you’re planning to increase numbers in 2024-2025 or allow future ministers of Health and others in governments to do that, we need to do some of that work now. That work is underway — on care aides, on allied health professionals, on nurses, on doctors — across the system.

Because as I said earlier in the debate, the area that I think about just about every day as Minister of Health — and Steve Brown as Deputy Minister of Health thinks about every day — is not just the question of money and resources in that sense, but the issue of ensuring that patients have the people ready to give the care that they might need, whether that’s the care of a care aide or the care of a surgeon on a given day, that they have that available into the future. That’s a major challenge for us now, as the percentage of people working declines. The percentage of people over 65 is going to increase over time.

D. Ashton: Thank you to the minster. I really appreciate the answers. One last request would be: could I get a copy of the answer to my peer that was given by the minister of the explanation of what the 3.36 hours of care is in profits and non-profits and also in facilities? Can I get a copy of that?

Hon. A. Dix: It’s a very strict disciplinarian in the chair, so I have to follow the rules. So I won’t shoot the answer across, because you know what can happen. I think the members know what’s going to happen tonight, and the risk to ministers who don’t listen to Chairs is very, very high. So I say that yeah, the information we provide in the fact sheet that I was reading from I’d be happy to provide to the member.

D. Ashton: Thank you to the minister and his staff. An exemplary job, especially by all the staff in all the various departments of heath care. Thank you again, Minister.

[3:00 p.m.]

N. Letnick: Now for something completely different.

Hon. A. Dix: These are short snappers here.

N. Letnick: Well, some are short snappers, as the minister is alluding to. Some are a little longer.

Team-based care. This might be a little longer one. I know the minister has been waiting for this question for three days. The previous government was a big advocate of team-based care. I know personally that Minister Lake, with the deputy minister and all the staff, worked to expand team-based care. We’ve seen the Foundry start, a humble start, but it’s grown to occupy more and more places around British Columbia. A great start to that program, team-based care.

Just in my hometown, Kelowna, there’s a single stop for seniors at Cottonwoods — another opportunity for team-based care. A couple of weeks ago there was an announcement made by, again, IH involving the ministry and First Nations with the Sage initiative — again, team-based care for people with mental health and addictions that are attached, at least to start with, and then will work with unattached patients in time.

One of the…. I’m here — like, I think, everyone in this room — to continue to add elbow grease to the movement towards team-based care. We obviously see eye to eye on many issues, and this is one of them. A big part of getting more and more people attached is getting people working in teams at their highest level of competence, right? So that means pharmacists, nurses, dietitians, physicians, you name it. I’m sure I’m missing people — psychiatrists, whatever, depending on what the team is for.

One question I have for the minister is…. At the announcement with Sage, I was heartened to know that the Sage development was actually started under the previous government and completed under this government, which is great. Again, another indication of people working towards the same vision. One thing that I learned through the announcement was that what we’re offering physicians is a guaranteed minimum salary. So they are able to bill MSP for their time at the Sage clinic, and should they meet the guarantee, well, then, all is good.

One part of the taxpayer’s pocket goes to pay the physicians, and the other part, from IH, isn’t involved. But should they not, then IH comes forward, from what I understand — and the minister can correct me if I’m wrong — and provides them with a minimum guarantee. That guarantee runs somewhere between $200,000 and $250,000 per physician FTE.

My question is: is this a paradigm that is used in other team-based care in the province? Is it also being used in other primary care delivery, where we’re migrating away from pure fee-for-service over the years? It’s not something that started this year. We’ve been in blended payments for some time. We’re migrating away from pure fee-for-service over to some blended combination of salary — a base, a floor — and moving to a position where at some point the new physicians, a lot of whom would like to basically be on salary, will also have that option in primary care in communities.

[3:05 p.m.]

Hon. A. Dix: Thank you for the question. The model that we’re talking about at Sage has been in place, actually, in lots of areas, and it’s a fairly standard model. What happens when you have a new primary care doctor is it takes them some years, often, to build up a panel of patients to meet that test. Those kinds of models have been in place for a while.

As the member will know, we are much more fee-for-service than any other jurisdiction in Canada. We’ve been the slowest to move to team-based care. That presents some challenges, because, I think, for really…. Very significantly, the community of doctors has moved ahead now on some of these issues. Many doctors, as the member notes, are more interested in alternate forms of payment. Some of that discussion, of course, on compensation will be collective bargaining in the future. But obviously, as we prepare for different forms of team-based care, we’re going to have to look at these questions very seriously, and we will, with respect to the payment of doctors.

The model used at Sage is, I think, a good model to recruit people in the system. That system was developed, in that case, with the First Nations Health Authority. What’s happening there is very exciting, in IH, and very positive. We’re obviously going to be expanding. All of the efforts that we take in the next little while to deal with the issue of unattached patients, whether it be in communities such as Chilliwack…. Our colleague from Chilliwack-Kent, I think, has some of the highest rates, for example, of unattached patients in all of B.C., in Harrison and in Agassiz and in Chilliwack.

We have to, as the member has said, work in teams now to address these issues of attachment, and a process focused exclusively on doctors won’t succeed in doing that. At the same time, doctors remain and continue to remain an essential part of it.

Alternate payment models will, I think, be used more and more in the system. We’ve got a long way to go to match what they do in that regard in Ontario. I think the important thing to recognize — and I think the people working at the ministry and the health authorities and the Doctors of B.C. — is that we be flexible as well. The same model doesn’t work in small communities as in large communities. So my approach on team-based care is the same as my approach everywhere. If things have been working, then we need to build on those things, make them better, improve them and improve the way doctors in communities work together. We can make additions to that.

I think there need to be more opportunities for community health centres across the province, community-based non-profits. Other provinces have many more of those. Those are team-based approaches. There are communities all over B.C., from large communities, where most of the community health centres are now — the big ones, such as REACH — but other communities, as well, that have expressed interest. Princeton to Ashcroft to, potentially, Lake Country are expressing interest in those kinds of models.

What we want to do is be flexible so that we’re not trying to impose one view from the Minister of Health which makes you feel all right on announcement day but doesn’t work very well when you’re trying to deliver actual services on the ground. So there is going to be flexibility, depending on where we are and what the circumstances are. Often, with new doctors, if you’re recruiting new doctors into a community, you’re going to have to take some steps in the first and second years for a doctor you want to be in the community for ten, 15, 20 years to enable the rest. That’s what you see. That kind of model you’ll see at Sage and at some other places, and it’s been used in the province for some time.

N. Letnick: Thank you to the minister. The model that the minister is talking about, I think, has been used in many jurisdictions in OECD countries. Yes, Ontario moved quite extensively on it a few years ago, including capitation. From what I understand, it was very expensive. Even though this is estimates, I won’t ask the minister to estimate how much all these different models might cost taxpayers in British Columbia. I would assume that as the models start to take hold, we’ll have more of an idea, maybe a year from now, when we’re back in this room asking similar questions to find out what the minister and the ministry have learned in implementing some of these models so we can have a handle as to how much these things are going to cost.

[3:10 p.m.]

There are definitely benefits. I totally grant that. I visited, I think it was, the township of Langley, which had a trial capitation model for some years. I’m not too sure if it’s still active there.

Interjection.

N. Letnick: It is, okay. When I visited the docs there, because I was looking for a thesis project, they told me that it was very expensive to do it the way they were doing it back then.

Again, I’m not going to ask for numbers now. I don’t think we’ve gone along enough on this journey to have them. Hopefully, within a few months or a year, the ministry will have a good idea as to what the different models they’re really looking at and what the different options are going to cost.

You look at all the pressures on family doctors. The minister knows this. The pressures of, well, their personal life. They want a work-home balance. It’s different than the family doctor of my generation. You know, I’m 60. A lot of the baby boomers tend to be workaholics and out there pumping out the fee-for-service, you know. But more and more, the younger doctors — and the evidence, I think, proves that — appreciate a life-work balance. And I wish them a life-work balance. I’m not trying to take that away. But that, of course, reduces the amount of time that they can serve patients.

Their patients are much more educated than I ever was at a young age, thanks to the Internet and the ability to learn what’s going on in one’s body.

Some family doctors believe that the specialists are pushing downwards to them some of the issues, that the specialists say: “Well, I don’t need to do that, so you do that at your family practice.” So they’ve got that pressure.

They’ve got the pressure of operating a business, trying to make a profit. They have the pressure of the HR, which the minister knows fairly well, because he’s dealing with it right now. They have the pressure of electronic medical records and all the ideas that are coming at them regarding change in the paradigm that they’re operating under.

With all that, if the minister and government offers a physician a salary, or a salary guarantee of $200,000 to $250,000 a year, with no overhead, hardly any of these pressures, I can imagine there are probably a few physicians who’d be interested in signing up for those kinds of things.

Again, maybe it’s more of a rhetorical question, but I know the minister likes to retort. He’s shaking his head. Absolutely, yes, he’s going to jump on this.

The fundamental question in all this is: how are we going to afford to provide this level of care that we all want to provide, making sure that the doctors, especially the young ones, have a pathway towards good practices and provide the patients with the care that they require?

Hon. A. Dix: Well, by operating within budgets, by budgeting, by taking it seriously. We have, as the member will know, set aside some numbers in Budget 2018 that will fund some of these measures. And I think it’s taking it step by step.

[R. Leonard in the chair.]

I mean, sometimes we’ve made mistakes in the past. I think the member may remember the previous government, at one time, because of pressure for hospitalists in the Fraser Health Authority, made an offer that was based on billings, as I recall the issue, of family practice doctors, which didn’t include the fact that all those family practice doctors also had considerable overhead of those billings.

The result can be, if you overpay for certain positions, people moving and closing one practice to join and fill those positions. So it’s one thing if you’re adding incremental doctors to the system, but you have to be careful of unintended consequences.

That’s why my approach on this issue — and I’m blessed to have in the ministry people who have been working on these issues for a long time and have a lot of experience — is to take the best of what’s happened and to continue to drive those initiatives, and also to add some things. We’ll be doing some things with urgent primary care centres and community health centres that I think will work well in connection with the previous measures taken.

You know, we don’t throw away ideas because they’re not my ideas. We continue forward, and I think that’s critically important.

The final thing I’d say is this. It is true that things will be expensive. But when we don’t provide good primary care, they’re expensive anyway. When we don’t provide adequate care in the community for people with diabetes or whoever it is, that number comes up in a different budget line anyway. So good primary care is essential to an effective health care system.

[3:15 p.m.]

This team-based approach is not just the best approach in terms of care, but it’s also the best approach, I think, in the long term, for financial sustainability of the system. It allows the professionals, in particular, who we train often at high cost, all kinds of professionals, to work to the full extent of their skills, which is critical for us in the future.

It allows us, also, to give the appropriate care, which is usually coincident with being the lowest-cost care. If you have excellent home support, obviously, you’re able to support people out of hospital more quickly, etc., at a lower cost. We’ve had these discussions already.

The debate about primary care and its cost is to ensure that the system is sustainably set up, that we try different models in different communities, that we accept that sometimes we won’t get the right model and we’ll have to make changes, because when you’re trying different things, sometimes they don’t work.

There’s a tendency, I think, for all of us — and this is true with me as much as anyone else — especially in the public sector, to be blaming under those circumstances, when we actually have to let a number of models flow and then be guided in best practices by the successes and the non-successes we’ve had. I think if we do that, we’re going to make the right decisions. I’m very confident that this is the wave of the future.

Individual doctors, when I was growing up…. I would have picked 50 in the pool, not 60, for the member’s age. But anyway, we had a doctor who was our family doctor from 1969 till he retired at 82. He provided fantastic care for our family over a very long period of time. But that’s changing. He was the only doctor in the office. We’d go to the doctor, and he’d have his assistant, and that was it. That’s where we got our primary care.

That’s changing. This is a new time. We have to respond to this with the best possible system of care, and that’s what we’re trying to do.

N. Letnick: Thank you to the minister for the answer, including the 50 age reference. Appreciate that.

We want team-based care. We want to continually improve primary care, absolutely. I think everyone agrees to that. I think the best way we can do that is to continue the relationship that the opposition and the government have when it comes to health care, and that is to try to bring it beyond politics, wherever possible. That way, the government will have the confidence that it can fail.

What the minister has just said is that we need to try different things, and some will work and some won’t. Usually, in an adversarial situation, like we can be…. The way this is set up under the British parliamentary system, with the minister and the critic or critics, our job is to hold the government’s feet to the fire. We won’t back off of that, but as long as the opposition is brought along with the government on these initiatives, then it makes it easier for the opposition to support the government when something does go wrong.

No, we don’t wish anybody to get hurt by initiatives taken by the government or the team behind the government, behind the minister. But if you’re going to try different models of care — whether it’s capitation, salary, blended, fee-for-service, mixed teams, individuals, nurse practitioners, whatever all the nuances that we have available to us in health care — some will work better than others in some locations. That opens up opportunities for criticism when those that don’t….

I know the minister loves to be criticized in question period. He actually begs for questions on a daily basis, but I believe that the best way to provide the best care for British Columbians is to work collaboratively to achieve a common purpose.

The minister talked about urgent care centres. I have a proposal here from the city of West Kelowna, which was given to me by the member for Kelowna West. Now, obviously, the city of West Kelowna has provided the minister and government with a proposal for an urgent care centre in West Kelowna. I totally support their application for an urgent care centre in West Kelowna.

As the critic for health care, what I would also like to understand is what the minister’s and the government’s vision is regarding placement of urgent care centres around British Columbia as a whole.

[3:20 p.m.]

Is he waiting for every community to provide proposals for their particular community, identifying maybe an empty building that’s ready to go, that requires some staffing and some other supports, or is the government looking at providing complete systems — bricks and mortar, as well as the staffing? Are there opportunities for people to understand the criteria by which the government will be making decisions?

For example, just in this particular case, if the idea is to get people to go to an urgent care centre instead of the emergency room at KGH, would another alternative be to have one in West Kelowna for the growing population they have but also one very close to KGH? So when someone goes to KGH, they can be triaged immediately and told, “You’re in the wrong place. You need to go across the street” — or to the other building that we built that’s sitting empty right now in anticipation of a need — “and go there. That’s our urgent care centre.”

This applies, I would imagine, to many communities around British Columbia that have a tertiary care hospital like Kamloops does, like Kelowna does, like, maybe, Cranbrook, like other places around the province that have hospitals that have a lot of people going to their emerg. What, if anything, can the minister provide, as far as guidance goes, to all these communities that would think they are prime candidates for urgent care centres?

Hon. A. Dix: This is obviously something we’ve given lots of thought to. We are going to build out the system incrementally over the next number of years. In terms of our approach to primary care, what the member is going to see when we announce the full policy and the full strategy is several key elements. Obviously, there’s a human resources element, which is understandable. You need to understand that part of every health care announcement, really, is: where do you find the people?

The first thing people ask me about, everywhere I go, is: where are the nurse practitioners? Where are the doctors that we need? I think it’s fair to say, and I’ve said this to nurse practitioners before, that if there were more trained — we’ve only really been training for a short period of time, in relative terms — we could probably use them today in all kinds of ways in all kinds of communities — so the human resource part of it.

It’s our intention, throughout local health regions, all of the local health regions, to build up primary care networks, which are based on some existing policies with some changes we’re making. It will be the case in some communities, as well, that the urgent primary care centres will be established in key communities around the province. The original criteria will be laid out, and laid out soon, for people to see. I’m very interested in discussing this with Mayor Findlater when I next get to Kelowna or if he comes down here to talk about their needs and their requirements.

I think it’s fair to say that not all communities will have an urgent primary care centre, or need one, but my bias is to address issues of primary care. Often the use of the term “urgent” makes it seem like you’re talking about some sort of sub–emergency room. Yes, it’s the case that, say, in a hospital such as Surrey, when approximately 25 percent of patients…. Surrey is a major hospital. This is higher, actually, in many communities and other towns around B.C. So 25 percent of the patients could actually be seen somewhere else. That’s useful and is a relief of the pressure on emergency rooms.

I see these care centres as playing a crucial role in attaching people to primary care networks and to providing care for unattached people in communities. What are the standards that will be used to select those? I think one of the key standards is unattachment level. The level of attachment, I should say. Let me get the right thing — the level of attachment in a community.

There are some communities, and those statistics are available to us, which have relatively high rates of people who are unattached, either in absolute numbers, as in the case of a community such as Surrey — which in percentage terms isn’t that high, but the absolute number is pretty staggering in that community — and other communities, such as, say, Dawson Creek or Harrison Hot Springs or Chilliwack or Sooke or others which have, in percentage terms, high unattachment rates.

A smaller community might have a different menu of services than a larger community. I think we have to, again, not think that we have all the answers. But also, the key is that you connect with the situation on the ground.

[3:25 p.m.]

The direction isn’t: “We’re going to put these centres everywhere because I said so.” The direction is to work with the local health authorities, the local divisions of family practice, to make sure that we’re contributing so that there’s an actual connection between all of the people providing primary care in the community and not just the imposition of a service that may not have a positive impact if it doesn’t go well.

Our focus is on primary care networks, on adding bridging primary care centres, where they’re necessary — there are a number of communities that are in my mind that we’ll be announcing over time — and then adding to that a number of community health centres, all of which serve similar goals.

It’s to provide supports so that family practice doctors can see more patients and that patients can sometimes see the appropriate level of care in a particular thing, which might not be a family practice doctor; to support those doctors in specific areas, particularly mental health and addictions, but also seniors care, where often doctors spend a disproportionate amount of time on the phone finding the right service for a particular patient, and it makes them less efficient.

There are ways, given the large number of services being provided, that we can assist in those regards. That’s part of a primary care system that works together as a team. It’s not one answer. It’s several answers, and you’re going to see that, when we lay out the full primary care strategy.

I very much appreciate the previous comment by the member. We’re hopeful to invite the member, for example, to those events and to provide full briefings as we go along, so we understand what the measurements are, what our expectations are.

Will everyone succeed in every community? I think the answer is no. I think the Deputy Minister of Health is going to be busy, as he always is — but particularly busy on this file. In many ways, particularly in private primary care networks, the sort of intellectual inspiration for this has come from the deputy minister over a period of time.

We’re making changes. I think there’s been a significant commitment by the Minister of Finance and this government to this issue. We actually have directed new dollars in the budget to assist us this year to expand out services. I’m very excited about what we can do, very optimistic about it, but the challenge is great as well.

When you have a community like Chilliwack-Hope, where more than one in four people are unattached to a primary care provider today, whether they be doctor or nurse practitioner, that’s a huge challenge, especially when it’s not a static situation. Doctors, like many health professionals, are also disproportionately older.

N. Letnick: Thank you to the minister for his comments. Part of the overall picture of getting people to work together is to have people operate at the highest scope of practice that they can, especially when we are limited in human resources, as the minister has said frequently.

Part of the team is pharmacists. When I look at the scope of practice of pharmacists in British Columbia compared to other provinces, it would appear that we have some room to grow. You know, we’re looking at, for instance, independently being able to prescribe a schedule 1 drug. Alberta can; ours can’t. I would also say the rest of the country can’t. Also, it’s just Alberta, according to my list here that I have, going back to 2016. That might have changed.

To work in a collaborative practice setting under agreement. Many provinces can. To initiate prescriptive drugs for minor ailments and conditions. Again, most provinces can, but they can’t here. To provide a prescription for smoking tobacco cessation. It looks like the rest of the country, all provinces, can, except for us. To prescribe, in the case of an emergency — again, we can’t here.

There are other things that I have on this list that show…. There are pharmacists…. Again, I’m not an expert on this. I’m just who I am. I don’t have clinical knowledge or experience. But it would seem, looking at our relationship with pharmacists and their working to the scope of practice compared to other provinces, that we have some room to catch up on.

My first question regarding the pharmacists…. We’re talking about 1,300 or so pharmacies, I understand, around the province. Is there any move to include common ailment prescribing in pharmacists’ scope of practice to improve health outcomes and deliver cost-effective care in the community?

[3:30 p.m.]

Hon. A. Dix: I think pharmacists will be one of the professions that play an increasing role in the health care system. Some of the issues that the member has raised around prescribing are before the government now, and we’re in consultations with the College of Pharmacists.

It’s not just pharmacists and their ability to prescribe certain drugs that are in question as well. There are also discussions with both nursing colleges and the nursing profession around registered nurses and registered psychiatric nurses for the same thing, to aid in both the delivery of appropriate services and the efficiency. Those are issues that we’re looking at right now.

In addition, pharmacists as a profession, both at the acute care level and at the primary care level, will play, I think, an increasing role. They’ll be part of both primary care networks and urgent primary care centres, where appropriate, because there are significant issues in the community, for example, around the prescribing of drugs to seniors and others and whether the overall prescribing of drugs is appropriate. Pharmacists are very helpful with that. They obviously play a very significant role in acute care and providing advice on these questions as well.

Some of the issues that the member is talking about directly, of expanding scope of practice for pharmacists, are directly before the government now. They’re under review, and they’re obviously part of the answer in reducing costs and reducing visits, perhaps, to physicians that are not, strictly speaking, necessary.

N. Letnick: Thank you to the minister. Part of the opportunity that we’re going to have, I believe, is as we continue to bring more and more people onto the team…. Before it was the doctor, perhaps assisted by a nurse, writing a script, sending it to the pharmacist and the pharmacist filling it out. If we have pharmacists prescribing, nurses prescribing, doctors prescribing, how are we going to keep track of the patients and all the drugs that they’re getting?

I understand that pharmacists have access to PharmaNet. But it’s not mandatory for physicians, either at the hospital in emerg when they see a patient or back to the doctor that they’re attached with, to have that line closed between all the health care professionals around the patient, that the patient is centre to everything that’s going to go on. I know the whole concept of team-based care is that the patient is at the core, and we’re all there supporting that patient.

What are we going to be doing, from an electronic perspective, to make sure that we have the processes in place, the ability, so that everyone that’s involved in that patient’s care is able to understand what the care of that patient has been and what that patient is consuming? We all know that quite a few patients end up in emerg because of medical issues to do what they consume based on what they’ve been told to consume by medical experts.

[3:35 p.m.]

To prevent those errors, I believe we need to get to a point where it’s seamless so that as we go through all our trials and tribulations as we get older — or even young people that need all this care — the patient is at the centre and everyone understands what’s going on, including the patient.

I say that because…. I think it was a couple of years ago that I was at the launch of a new project by IHA — I’m not too sure if it was across regions — where I could go and look at my personal patient record and see the results of all my lab tests and X-rays and all those other kinds of things that were done through an IHA facility. So when I get my ultrasound or my blood test or whatever, I have access to those things.

I think that’s great. I can see what my medical record has been. How do we get that at the core when we move forward to make sure that we have all these allied health professionals involved in the patient’s care, so not only do they get to see, in a seamless way, what’s going on…? When I show up at emerg, the doc or the nurse there knows what to do with me a little better than just: “Who is this person? What is he up to? What drugs does he use?”

Once he or she is taking care of me, my family practitioner, whether it’s a doc or a nurse or whomever, is able to also understand what happened in emerg. Also, when my pharmacist looks at what I’m taking, they can quickly see, “Why are you taking all these drugs?” and we don’t have to get some other group to come in and review the drugs that someone is taking.

A lot in that question. I look forward to the answers.

Hon. A. Dix: I think the member is exactly right. Part of the purpose of team-based care is to have people’s eyes on these questions. One of my frustrations as a Health critic, and as someone who has looked at this question over time, is that the information technology opportunities, the electronic medical record opportunities, for patients themselves to gain more control of their lives — an important area of our life, our personal health — and in general, the opportunities for medical professionals to have all of the information in front of them….

I’ll just give you an example. If you go to, let’s say, London Drugs, because that’s where I go to fill my prescriptions…. It’s not a plug. It just happens to be where I go. Lots of people go there. Lots of people go to Pharmasave and Shoppers and all the other places. We’ve plugged a bunch of them. There’s more to plug. If you go there, what the pharmacist would be able to see is your record of scripts, your record of prescriptions, but not have access, for example, to your lab tests or other necessary information that might inform them in their work.

[3:40 p.m.]

We’ve still got a long way to go to get the level of access to records required, to get all of the possibilities that team-based care, I think, can bring in the health care system, and there’s lots of work to be done. All of the work by Canada Health Infoway over a period of time, all of the problems in information technology in health care — not just in British Columbia but in Ontario, famously, and other jurisdictions — have made that a longer process than I think a reasonable person would say it should take. We’ve almost had three generations of technology while we’ve been figuring out how to ensure that all doctors have access to electronic medical records.

That said, I’ll just make this one point, which would be of interest to the hon. member. In 2017, PharmaNet, which is our system and which is an extraordinary reservoir of information, especially overall information, since it’s been in place so much longer in B.C., since the early 1990s…. We have this reservoir of information, both about population health and about patients over time. It is in place and processed over 76 million dispenses in B.C. They flagged over 355,000 drug interactions, assisting pharmacists in identifying and warning patients about potentially harmful medication interactions and unintended duplications. So some of this work is taking place now.

The member is absolutely right in terms of the promotion of electronic medical records through the system. Many doctors, a majority of doctors, have access to PharmaNet now. One of the debates and one of the discussions with the college and others is the extent to which doctors use that information. That’s an important question in the debate, but that’s not just true of family practice doctors. It’s true of many other people in the system.

Part of what we’re doing, part of what you’re going to see in primary care networks and part of what we’re going to see in all areas of health care is an improvement in technology over the next period that will match and allow team-based care to happen. That technology is what allows you to have team-based care between the family practice doctor in Chase and Royal Inland Hospital or in Salmon Arm and Kelowna General Hospital. That connection is often necessary, and that has to be the team as well.

I think the possibility…. We’ve heard it in every single report. The member has read the many significant reports in health care over the years. I would say that in the last 20 years, not a report doesn’t wax eloquent about the possibilities of electronic medical records and IT in assisting when providing better care. I think, as an area of government, this is an area where we have not collectively succeeded to the extent we need to.

I think that in a general sense, our approach, especially on big projects, needs to change. I think it has changed. We’ve had some major hospital-based projects, which the member will know, that have been in the media and that are over budget. I think we have to, on health IT projects, prove success — that it actually works well for actual practitioners and actual patients — before we go to bigger procurements. I think that pattern will serve us better over time.

We can do better. We’re doing some very important things on IT and electronic medical records today. But I think the potential…. That has to be part of any team-based care concept, because often the teams aren’t going to be in the same buildings. But if they have access to the same information, they can still be on the same team.

N. Letnick: Since the minister has not made a plug for London Drugs, I will not make a plug for RelayHealth.

I was brought into the loop with RelayHealth a few weeks ago. Look, they have a cloud-based care coordination solution that they are going through with Nova Scotia and also with the Cowichan Tribes right here in British Columbia. Perhaps this is something that the government might consider just having a look at, if they don’t already know about it. I’ll just pass this on to the minister after estimates, if he doesn’t have it.

They say that this will increase the capacity and efficiency of scarce family physicians, improving patient access in rural B.C. or better supporting seniors aging at home, pointing to how Nova Scotia was able to galvanize a provincewide rollout. Granted, Nova Scotia is slightly smaller than British Columbia. But their provincewide rollout, based on a 22 percent increase in primary care capacity….

Just with this one package…. I’m sure there are competitors to the package, but just with this one rollout, they were able to increase capacity in primary care, which is a key area for both of us, by 22 percent.

[3:45 p.m.]

The other part of the pharmacy that I would like to ask a few questions on is the in-hospital pharmacy. Can the minister comment on whether or not we are short in-hospital pharmacists — in particular, pharmacists that accompany doctors when they’re looking at patients? I understand that pharmacology was made an elective in medical training in the 1980s, and therefore there’s an even stronger need for the expertise that pharmacists offer to physicians inside hospitals. So working side by side with medical doctors is extremely important.

If the minister can comment on: is there a shortage of pharmacists? Is there a shortage of pharmacy technicians? And if there is, would the ministry support the Minister of Education to get some kind of school in British Columbia for pharmacy technicians?

Hon. A. Dix: I think it’s fair to say two sets of things. One is that often in some rural and remote communities there are challenges always with the recruitment of health sciences professionals in general. So we’re going to need new generations of people working in pharmacy and pharmacy tech. But if you’re talking about the professions where we face the biggest human resource challenges right now, pharmacy and pharmacy tech are not those in terms of shortages.

That doesn’t mean that they’re not important or we don’t obviously need more. It’s also sometimes a challenge at what you’d call the highest level of specialty in acute care. It’s sometimes a challenge finding the people we need in places like B.C. Children’s and others. But in the general sense, while we’re obviously going to continue to have to recruit in this area, this is not one of the significant areas of shortages we face. There are obviously others which are more challenging.

N. Letnick: As we are approaching the end of our time together for this set of estimates, I just have a few more questions left for the hon. minister. One question has to do with, again, expanding scope of practice in a sense. That is, the chiropractors in British Columbia would like the ability to issue their X-ray requests directly, rather than having to go to a physician to issue them. Could the minister comment on that, please?

Hon. A. Dix: It’s not something that we’re focused on right now. We receive a number of requests to expand scope of practice. For example, naturopathic doctors have sought recently the right, in letters to me, to expand their ability to prescribe MRIs. Those would not be system MRIs and so on. Those scope-of-practice requests occur. Chiropractors equally have done so. But these are not things under active consideration at the ministry, although they are things that…. Of course, they’re suggestions from professions that we’d always be open to.

[3:50 p.m.]

N. Letnick: Thank you for the answer.

On point-of-care devices, some people believe that an expansion of point-of-care-use devices would help to reduce the cost of offering health services. Instead of going to provide a donation of your fluids to a lab, you would just, at your point of care, wherever it is — hospital or your primary care provider — be able to use one of these modern devices and get pretty close to immediate feedback.

Does the minister have any comment as to the ability for us to engage in point-of-care machines?

Hon. A. Dix: Staff advised me that staff are working with the lab….

[The bells were rung.]

Hon. A. Dix: You know, this was going to be my best answer yet. I’m just saying that. I think the anticipation….

The Chair: A division has been called in the chamber. We will recess this committee.

The committee recessed from 3:52 p.m. to 4:01 p.m.

[B. Ma in the chair.]

Hon. A. Dix: Before a break for yet another unanimous vote for a bill in the Legislature, which we’re very excited about — and we’re joined by the member for Columbia River–Revelstoke, which is fantastic news — the member for Kelowna–Lake Country was asking about point-of-care testing. That refers, as the member knows, to diagnostic tests performed at or near the site of a patient, with the result leading to a possible change in care of the patient. These devices are, of course, regulated at the federal level.

In 2009, I think it was, 14 low-risk diagnostic tests were identified that don’t require accreditation. That includes some of these. These direct-to-consumer tests are not regulated in British Columbia. Right now the Ministry of Health is working with the lab agency and with Health Regulators to develop a policy framework for oversight of such testing outside of the medical environment.

It should be said that, overall, this kind of testing is more expensive than the testing we provide now, in its net. It’s that issue of who might pay or if there’d be any change in the way we pay for testing which would be a key issue in any discussion of point-of-care testing.

I appreciate the comments by the member, and I would say that once the work with the lab agency and B.C. Health Regulators is complete, we’ll be able to provide the member with a briefing on these questions at the same time that I’m briefed.

N. Letnick: In the Ministry of Health 2018-19–2020-21 service plan…. I did have a few dozen questions, but seeing as the Ministry of Finance is waiting for this space, I will turn it down just to one. On page 7, it talks about performance measures for implementation of primary care networks. Forecasted or this year is 15 primary care networks to be implemented, then 25 and 35.

Is there a cost number that the minister can attribute to the 15, for example? Does the minister have an idea of how much money he has in his budget for 15 primary care networks?

Hon. A. Dix: It’s our expectation that that number is quite conservative. It fits in with the budgeting we’ve done both in the extra money for primary care and existing money for primary care.

[4:05 p.m.]

It’s driven, and these networks are driven, by the same thing we’ve talked about with respect to urgent primary care centres, which is the need of unattached patients in communities. Remember, all of those patients now are residents of B.C. and are attached to the health care system in B.C. So should something happen that they require medical care, they’ll seek out medical care.

There are some extra costs. We’re going to be laying out our full primary care plan soon, which will show where we’re going with respect to primary care networks, where we’re going with respect to other parts of the plan. But those targets are clearly ambitious targets across B.C. in the establishment of primary care networks. We intend to get going on this, this year.

We intend to support primary care networks with other health professionals. They will be at the core of our health care system going forward — so 15 and 25 and 35 are local health areas where we want to see primary care networks established. We think we have the resources to do that, and we’ll be laying out a plan soon that shows where the first communities are that we go forward on.

The intention over time is to build out, as the targets show, and to, hopefully within the first year and each year, exceed the targets that we’ve set in the service plan.

N. Letnick: Thank you to the minister. I understand that the targets are ambitious. I think that was the word that the minister used. And, quite frankly, I’d rather have an ambitious target and just miss, than a low target and hit it. I know that governments in the past have been criticized for setting ambitious targets and not meeting them. That’s politics. I’m sure I’ve played that game, and I know the minister has played that game as well. I’ve seen it. That’s just the way it is.

I just want to make sure that the minister feels comfortable in setting those higher targets, those ambitious targets, and working as hard as he can in government to achieve those targets. You won’t get any argument from me on that.

The amount of money that the minister is going to announce, I would imagine, when he announces the 15 or the 25 or whatever the number is going to be with the plan…. The minister is saying it’s already within the budget for 2018-2019. I’ll accept that. If possible, if there is a way of dissecting that out of the budget and letting me know what it is — outside, of course, of this — I would like to know what that number is.

Just a couple of more questions, and then we’re done. One is the Conference Board of Canada. The last time, I believe, that they ranked health systems across country was February 2015. If the minister has access to a more recent ranking by a non-partisan group such as the Conference Board of Canada, can the minister forward that to me? I would appreciate it. In 2015, the report card ranked Switzerland as No. 1 jurisdiction in the world; Sweden as No. 2, and British Columbia as No. 3 in the world. That’s just an amazing ranking, I believe.

The thing that caught my attention, besides the excellent ranking of our health care system back in 2015, was a comment made: “The province earns its lowest grade, a C, on mortality due to diabetes, but it has the lowest diabetes prevalence rate in Canada. Given its low obesity rate and strong performance on other diabetes risk factors, B.C.’s relatively low ranking on diabetes mortality is puzzling and needs to be further investigated.”

Since this was produced back in February of 2015, I was wondering if the ministry has done any further analysis on that question about diabetes and if they’ve come up with an answer that the Conference Board of Canada poses.

Hon. A. Dix: Well, I’m, of course, delighted, that the member didn’t describe a Fraser Institute report as non-partisan — although they might, under different circumstances. We know that different rankings of reports put different health systems in Canada in different places, and they have over time.

I think what’s extraordinary, consistently, about British Columbia is the fact that we have stayed, consistently over time in population health, at the top of Canadian jurisdictions in terms of health care, dating back many decades.

[4:10 p.m.]

That speaks, often, most about British Columbians — the care we take in terms of our fitness. Sometimes it reflects the nature of the labour market, as well, and the jobs that people do. I think we’ve had extraordinary successes in the past.

We’re not familiar with the report, but I’ll endeavour to get a written answer to the member on updates to the various reports. We get them from time to time. Sometimes we ranked high; sometimes we ranked low, depending on what the parameters of the report are. The most varied, of course, are our friends at the Fraser Institute, who provide a variety of reports and responses depending on the circumstances.

With respect to diabetes care, one of the issues, I’d say, is what I said earlier to the member. I think some of that response is a health care response, and some of that response is a social determinants of health response.

We haven’t talked about it a lot, but I think the single most important thing that the previous government did in health care in 16 years — and they didn’t do it alone — was the development of the First Nations Health Authority. First Nations, in a general sense, had been so let down in so many ways, both in issues of inequality and in our health care system over time. Our health care system is becoming more responsive, I think, but that’s partly because of the development of the First Nations Health Authority.

If you look at outcomes on issues such as diabetes, outcomes in terms of prevalence and outcomes in terms of life expectancy and other measures of quality of life related to diabetes — with respect to the people who suffer from problems in loss of limbs, of loss of eyesight and so on — we have to reflect on the fact that our performance in every area would be, perhaps, close to the highest in the world if it weren’t for the absolute failure of our systems to adequately respond to the health needs of First Nations people. Those go well beyond direct health services but also address social determinants of health.

I’m very proud of the work done, and my association…. It’s not my work. It’s the First Nations Health Council and the creation of the First Nations Health Authority. I think, as we improve outcomes in health care, it’s the work together between ourselves and the First Nations Health Authority and First Nations that are going to address, in some of these areas, outcomes questions in health.

Those are critical questions. Some of them are economic and social determinants of health questions. Others are the response of health systems. What we have learned, I think, and what history tells us, is that when First Nations are responsible for the management and the decision-making and the leadership, those outcomes are better. The First Nations Health Authority gives us the possibility to do even more, and I’m very enthusiastic of the work of Joe Gallagher and everyone at the First Nations Health Authority.

While that doesn’t directly relate to the question, as the member will know, the prevalence of diabetes among First Nations is disproportionately high. While one doesn’t want to guess at responses to those kind of questions, I think the work that we need to do together, in terms of cancer outcomes and diabetes outcomes, and the work we’re doing right now with the First Nations Health Authority holds a lot of promise for improvements for the entire population in terms of population health.

N. Letnick: Thank you to the minister. I do echo his words regarding the First Nations, for sure.

My last question has to do with these wonderful maps that I have of the 15 to 18 different regions of the province that we were going to canvass at the beginning of this. If the minister wouldn’t mind asking his staff, if they have information broken down by region, just to send it over to me so that I can have an opportunity to read it prior to canvassing the province on foot, so to speak, this summer. That would be great.

I’m extremely optimistic about the health care of our province. British Columbia is well served by a great cadre of professionals, not only surrounding the minister, the minister himself, in his professional attitude, and also, of course, all of the people that work in health care — from the people that are scrubbing our floors in hospitals to the person that’s operating on somebody’s brain right now and everyone working together as teams to make sure that all patients have access to the best health care in the world.

[4:15 p.m.]

The minister is right. We tend to take care of ourselves a little better in British Columbia, and that, of course, gives us a leg up on making sure that we have a good health care system. None of this could happen without a strong economy. I know the minister agrees that you need money to make these things happen, and the way to have the money is to have a strong economy. I just want to re-emphasize working together on all party lines.

We have to continue to focus on making sure we have the strongest economy possible in the country so that we can have the resources to fund these great plans that the government has and that the opposition would like to support.

With that, I’d just like to thank my two associates: the critic for seniors issues and also the critic for Mental Health and Addictions. We worked well as a team, and I look forward to working along with all our colleagues, all the MLAs on both sides, to make sure that we have the best health care outcomes for British Columbians for years to come.

Hon. A. Dix: I don’t even know if I have the motion to read. I think we get to do that. I would say that the Minister of Finance, when she was Leader of the Opposition, some Leaders of the Opposition ago, appointed me as Health critic, approximately 11 years and two months before I became Health Minister. I am just saying that sometimes the wait is long. And yet, somehow it seems worthwhile. Never would I have imagined, when she named me to that post, that I would be the Minister of Health one day. But there you go.

I want to thank the members of the opposition. I think we had 17 MLAs take part in the debate from the opposition side, which, I think, shows the centrality of health care issues in communities.

I agree with the member that a strong economy is crucial to communities and health outcomes and social determinants of health. People need to work in our society, need to have jobs to support their families, and that is crucial.

The reverse is also true — that in a lot of parts of B.C., we need to have outstanding health facilities, which are a necessary part. That’s why we’re so proud. I know that the Minister of Finance is proud, because she made this possible in her budget, supporting new health care facilities in communities like Williams Lake, Terrace, Richmond and other communities where we’re adding those services. They attract people to communities — the very entrepreneurs and people in communities we need to maintain those communities. So it is the relationship between the two.

I want to say to the member that I’m hoping for an FOI system one day that allows me to get access to his PhD thesis on health care. I think that we all deserve to see that, and I look forward to that one day. I look forward to all the work he does. He’s obviously an experienced and outstanding member of the House. I’ve enjoyed working with the member for Coquitlam–Burke Mountain, the former critic from Dawson Creek who was here earlier. And I look forward very much to working the member, which I have for many years.

With that, I think that we can move the appropriate motions.

Vote 30: ministry operations, $19,606,664,000 — approved.

The Chair: This committee will now recess for five minutes while we prepare for the Ministry of Finance.

The committee recessed from 4:18 p.m. to 4:32 p.m.

[B. Ma in the chair.]

ESTIMATES: MINISTRY OF FINANCE

On Vote 24: ministry operations, $172,581,000.

Hon. C. James: Just a couple of opening remarks to start our discussion. I look forward to questions from the member, and I know there’ll be other members arriving as well to provide support to the member as we go through estimates. I look forward to the questions and look forward to the discussion. I think we had a very good opportunity back in the fall to go through the issues in the ministry and the questions in the ministry. It’s kind of a catch-all ministry, as I think the member knows well.

I just want to say, as an individual, how privileged I feel to be able to serve as Minister of Finance for the province. It is an incredible responsibility, and it is an incredible honour to have been appointed by the Premier for this position, to be able to set the stage for the work that goes on in our province when it comes to setting budget, when it comes to the other responsibilities within this ministry.

Although we may disagree on specifics that are coming forward around this issue, I know we all want to make sure that we provide the best support for British Columbians, whether that’s economic support or whether that’s services and supports that people need in this province. I think one of the incredible chances I have as Minister of Finance is that you really get the chance to touch all of government and to really have a good, big picture of everything that goes on across the board. I think that really, as I said, is an incredible responsibility. I look forward to the discussion.

If I can introduce the staff who are here, and other staff may come in as we move through sections — I know there are a number of pieces in this ministry — Lori Wanamaker, our deputy minister; Heather Wood, associate deputy minister for Treasury Board; Teri Spaven, who is an ADM, executive financial officer; Shauna Brouwer, who’s ADM for policy and legislation; and Steve Klak, who’s here as the chief financial officer.

With that, I’ll turn it over to the members.

S. Bond: Thank you to the minister and her staff for the opportunity this afternoon. I certainly respect the minister’s comments about the role that she has played and is playing in this government. It is an honour. In my experience, I certainly felt that way. I think there are some things we share in common. We want what’s best for British Columbia. We want to make sure that people have the best possible opportunities that they can have.

[4:35 p.m.]

My colleague and I, my co-critic and I, and probably a number of our other colleagues will be in to ask some questions over the next period of time. I think we’ve provided to the minister our general areas of interest. It’s pretty fluid in terms of our thinking as we proceed. I do want to thank the minister’s staff. They’ve been very helpful in getting back and forth with ours, so that is very much appreciated — her own personal staff. Thank you for that.

We’re going to start, basically, with some general questions about revenue growth and about spending and general taxation questions. Obviously, looking at revenue growth actually matters pretty significantly. Revenue growth has increased to $7.1 billion. New taxation measures account for the vast majority of this increase. That is a significant concern for us, and we can imagine that for many British Columbians, it is as well.

Since this government has taken office, there have been over $6 billion in new taxation measures when you look at corporate income tax increases, personal income tax increases for those earning over $150,000, carbon tax, employer health tax, school tax, property transfer taxes. On the description that we have provided of that level of taxation increase since the minister became the minister in July 2017, can the minister confirm that those numbers are accurate?

Hon. C. James: Perhaps the easiest way is to…. I’ll just read the revenue. I’m not sure where the members are getting their numbers from, so I can read you the numbers that are related to the taxation revenue report.

[4:40 p.m.]

I’ll start with ’16-17, just so that we have some context here. The total taxation revenue was $26,000,937,206. The actual in ’17-18 was $28,000,115,879. Then budget 2018-19 has $30,000,414,081 for revenue for taxation.

S. Bond: Maybe the minister can clarify for us. We are looking at the three-year forecast that was outlined. Our question today is about the basis of revenue generation in the province. What we are pointing out is that the vast majority of revenue growth is related to taxation.

Could the minister look at the three-year projections? Again, the numbers that we are looking at are $7.1 billion of new revenue growth and $6 billion in taxation measures when you add up all of the variety of taxes.

[4:45 p.m.]

Hon. C. James: I can maybe refer the members to page 8 on the budget, which talks about Budget 2018 revenue measures.

Just to make sure they’re in the record, the revenue measures include eliminating the MSP premiums; introducing the employer health tax; the speculation tax; the additional property transfer tax; a tax on residential properties. I mentioned the property transfer tax. And on-line accommodations, so enabling the ability for on-line accommodation platforms to collect and remit PST; increase on tobacco taxes — the federal share; B.C. share of the federal duty on cannabis.

That comes to $4.4 billion over three years, over the three-year time period. Those are the new revenue measures. Other revenue is growth that we’re talking about.

S. Bond: Perhaps the minister could remind us, or at least clarify for the record. I believe that additional revenue growth related to taxation measures was introduced in the fall session as well.

Hon. C. James: Yes.

S. Bond: Then if we look at those additional measures, that’s where the number $6 billion comes from, because I think the numbers that were added in the fall were roughly around $2 billion.

The number we’re talking about for British Columbians to understand is that since taking office, which is less than a year ago, there have been $6 billion in new taxation measures added for the people of British Columbia. We’re going to go through each one of those taxes, and we’re going to talk a little bit about who they’re going to impact.

Setting the numbers aside for just a moment, could the minister identify for us and for British Columbians what other mechanisms — for example, a jobs plan, an economic growth strategy…? What other plans are in place to actually generate revenue in British Columbia, other than taxation measures, which are significant — $6 billion in less than a year based on taxation revenue alone?

What measures has she anticipated that will support the private sector, that will support the economy, growth in the economy, those kinds of things? At this moment in time, the vast majority of revenue growth is related to taxation measures. What other measures, what other contemplation, is the minister considering to pay for the very expensive promises that have been made?

[4:50 p.m.]

Hon. C. James: Thanks to the members for the question. I want to start off, though, by challenging the premise that is being put forward by the critics. Perhaps “challenge” is the wrong word. Perhaps show the difference between the two sides in this Legislature and show the difference in the direction we are taking the budget.

I think the proposed premise by the member that taxation is wrong and that there are other challenges in the budget…. I think our perspective — and I know the members will have heard me say this often, and I said it when I delivered the budget in February — is that if we are truly going to build a long-term sustainable economy in British Columbia, we have to make sure that we are not making investments simply because they’re good economic investments or simply because they’re good social investments and having that divide.

In fact, we need to integrate, and we need to link support for the environment, support for improving services, support for building a sustainable economy and jobs in every corner of British Columbia. That’s exactly what we did when we tabled the budget in February. We tabled the budget with support for programs and services that are economic supports, that do grow the economy.

If I take a look at the issues that have been raised to me by businesses, employers and employees across this province — in fact, in every corner of the province, whether it’s the B.C. Chamber of Commerce, the B.C. Business Council, the board of trade, from across British Columbia — the two key issues that have been raised for the last number of years by those organizations have been the issues of housing and child care. Those two issues have caused difficulty when it came to economic growth, when it came to recruiting and retaining employees and when it came to providing support.

We have, in the February budget, increased support for both child care and housing, not simply as social issues but, in fact, as economic tools. Both of those are huge economic tools, particularly in the kind of labour market and positive labour market that you see in British Columbia.

That’s in addition to a number of pieces that, as the members well know, were included in the budget — the elimination of PST on electricity; the continued support in the small business tax; the medical service premium cuts, which, again, will put money in families’ pockets which then provides support again in the province; the increase in minimum wage, which provides support for British Columbians as well.

There’s a large number, and I can go through all of the initiatives in the budget and how they link to the economy and link to improving services and supports for families. But I think what the member has rightly identified is that there is a difference.

There is a difference between the other side and this side. And the difference is that we believe that we need to make sure that those investments that are also key to our economy are investments that are in the budget and provided support for.

So yes, you see taxation increases in this budget. We believe that where we provide a fair tax system, part of my mandate as Finance Minister, we make sure that we follow through on that fair tax system. We believe we continue to have a competitive tax environment, which is important. That’s part of the goal that we continue to look at as well.

We also have balanced the budget over the next three years. So I believe it is a balanced approach, and it does provide, exactly as the member has suggested, support for growing our economy as well.

S. Bond: I appreciate the member’s answer, but no one on this side of the House suggested that taxation is wrong. That’s not what we suggested.

What we’re laying out are the facts that the minister has confirmed — that there have been $6 billion of taxation measures, which include corporate income tax, personal income tax for those earning over $150,000, carbon tax, employer health tax, school tax. That is certainly a choice that this minister and this government have made.

[4:55 p.m.]

What we believe is that you need a thriving private sector economy. We’re not going to disagree that child care is an important issue. In fact, during the election, that’s exactly what people told us. The question I had for the minister is: what are the specific initiatives that would incent a thriving private sector economy, or does the minister think that’s important?

This budget clearly lays out additional spending, and the people paying for that spending are taxpayers. The very people that the minister has quoted…. When you talk about the chamber of commerce, you talk about individuals or organizations across this province, small business owners. They are deeply concerned about the layering on of taxation, which will potentially cause them to either reduce the number of people working for them, reduce services or transfer costs to British Columbians.

Now, I’m not sure that’s what British Columbians thought this budget was going to deliver, but that’s what it is delivering. To the minister: what specific incentives has the minister put in place to incent a thriving private sector economy?

[D. Routley in the chair.]

Hon. C. James: Again, I think it’s important to state that the investments I talked about, and I’ll talk about them again, are investments in the private sector. They are investments in the economy in British Columbia. They are investments in building a long-term sustainable economy in British Columbia.

[5:00 p.m.]

Whether we’re talking about $1 billion investment over three years in child care…. That is an investment in the private sector and in a strong economy in British Columbia. That is a major investment in providing an opportunity for women to go back into the workforce, to make a connection into the workforce, which assists the private and the public sector. People head to work in all kinds of places.

That investment in child care, in fact, is an investment in providing that support for employers to be able to recruit and retain. One of the biggest issues that they talked to us about was the challenge of addressing that.

The investment in housing is, again, an investment in the private sector economy. It is an investment in providing support in British Columbia for growing a sustainable economy. When you have employers in the private sector — tech employers, for example, who approach me on a daily basis to say what a challenge it is to be able to find employees…. If we aren’t able to provide housing for those employers, for those individuals who they recruit — who they spend time recruiting to their private sector business and who then take a look at the real estate pages and decide that it’s impossible for them to move to British Columbia — that impacts private sector growth. That impacts our economy in British Columbia.

So $15.8 billion in infrastructure, in capital spending — again, that’s a huge investment, a record investment, in making sure that we’re building British Columbia. You can’t look at private sector growth unless you look at the supports like roads and bridges and infrastructure that’s needed in communities. That’s exactly why that investment is there.

Investments in adult basic education and English language learning are investments for the public and private sector and investments for a long-term sustainable economy.

Again, when we spend time having immigrants come to British Columbia…. We encourage them to come to British Columbia, to bring their skills, and then they get here and find out they can’t work in their field. That creates huge challenges, huge challenges for the individual and the family but huge challenges for the private sector who are looking for that kind of expertise. Providing adult basic education and English language learning for those individuals provides the kind of opportunity to be able to increase private sector business in our province.

We have expanded post-secondary technology programming. If you’re talking to the private sector and they talk about the kinds of challenges that they’re having when it comes to recruitment, one of the big areas that we hear over and over again is the area of technology. We need to have more training spots for technology. Well, we did that in the budget on behalf of the private sector and provided support.

Increased support with a tuition waiver for former children in care. If we’re looking at providing opportunities for people to get out of the cycle of poverty, to break that cycle, to be able to have the supports…. That’s exactly the kind of inequality that causes challenges when it comes to long-term sustainable growth, which is both public and private sector.

I talked about infrastructure for the transportation network. We’ve increased funding for arts and the creative economy. Again, a private sector and public sector investment that is going to increase the opportunity for us to be able to see the arts as a critical part of economic growth in British Columbia. That’s a very important piece from my perspective.

The agrifoods sector is another area where we put an investment in this budget, which again looks at how we broaden our base of support, how we look at value-added when it comes to public and private sector.

There’s a longer list, but that just gives some examples of exactly the kinds of supports that need to be in place to build that long-term sustainable growth in B.C.

T. Redies: The minister is quite right. We do have a difference of opinion. From the minister’s perspective, it’s the public sector that creates jobs, provides all the investments and stimulates the economy. The reality is that when you take money from commercial operations, from individuals, that’s money they can’t spend. It’s money they can’t invest in their businesses. This government has a peculiar idea that they can spend taxpayers’ money better than they can.

Now, some of that — the minister is quite right — is justified. Spending on public infrastructure is justified. But what we’re talking about here is the quantum of increase in taxation that is having a material impact on businesses. I’m pretty sure, Minister, unless you want to correct me…. I don’t think when businesses were talking to the minister with respect to housing and child care, they were expecting that they would foot the whole bill.

I want to go back to some of these numbers because I think they are important. It’s the quantum of taxation, the quantum of spending, that this government has engaged in which we believe could be very, very problematic for the private sector.

[5:05 p.m.]

Under the NDP government, general taxation in total is going to be increasing about 30 percent over the term of this three-year forecast. That’s a compound annual rate of 6.7 percent — well above inflation. It’s also well above what the economy is growing at, even though our economy has been growing at a very good clip.

In light of this, the fact that this budget, frankly, is very light on stimulation of the private sector and is really just a tax- and-spend budget, does the minister really believe that increasing taxation by 6.7 percent a year is sustainable?

[5:10 p.m.]

Hon. C. James: I’m making sure we’re taking a look at the numbers, because, again, I think the numbers the members are using are missing a few facts. I think it’s important to be clear about the facts.

On the issue of the investment in the private sector — that’s really the place I just want to start, since that’s where the member ended her question — around what investments there are in the private sector and whether businesses were looking for support when it came to child care and housing, yes, they were. Yes, they were looking for support. They were looking for investment to be able to invest in housing. They were looking for investments in child care, to be able to help them in their businesses.

A $1 billion investment in child care is an investment in a strong economy. A $1 billion investment in child care is an investment for the private sector. Those are investments. I think we will have an agreement to disagree on philosophy when it comes to budgeting, and I think that’s just fine. The members are entitled to their views, as we are.

On the taxation revenue, I want to just refer the members. If you look at page 140 in the budget, it lists the taxation revenue over years. In fact, if you take a look at the taxation revenue on page 140, it’s actually very consistent. It has to do with population growth. It has to do with economic activity. The revenue, as you can see from the numbers between ’15-16 and ’16-17, went up $2.8 billion. That’s just above 10 percent. Between ’16-17 and ’17-18, it went up by $1 billion. So again, it’s very consistent.

I think what the members are doing is they’re taking the numbers around taxation and ignoring the elimination of the MSP, because that comes in, in January 2020. That’s a $2.7 billion elimination, when it comes to taxation. So we are recovering 1.9, as the members, I’m sure, know, but that is a savings. If you account for that, in fact, you can see that it is very reasonable to look at the kinds of increases that we’re looking at. It is not out of line with what’s happened in previous years, when it comes to an increase in taxation revenue, and is both manageable and balanced.

I think that’s been shown by the numbers in the balanced budget, by the increasing growth that we see in the economy and by the increased support that’s there.

[5:15 p.m.]

T. Redies: Thank you, Minister, for your answer. It’s interesting that you brought up table A9 because I’d like to refer you to table A10, which shows that per-capita taxation is growing from $5,695 in 2016-17 to $7,050 in ’20-21. That, I believe, includes the MSP reductions.

Taxation per capita is increasing by about — let me think — 24 or 25 percent in this period. Minister, how does that actually improve affordability for British Columbians?

The Chair: Can I remind the member to direct your comments through the Chair?

Hon. C. James: To the member, that’s exactly the point that I was making. MSP is not included. You have not taken into account in that table…. You’ll see MSP is below the line. You’re not accounting for the elimination of the MSP, which obviously brings that number completely different than the members were raising.

The Chair: I remind all members to direct through the Chair.

T. Redies: The minister is saying that the $7,050 per capita does not include MSP reductions. It seems quite odd that you would put a per-capita taxation figure in place and not include the MSP in it. From my perspective, unless I’m reading something incorrectly on table 10, I don’t see anything with respect to an MSP reduction.

Hon. C. James: Just to refer the member, if the member looks at table A9, A9 has MSP in other revenue. Then if the member takes a look at table A10, again, under other revenue, the MSP is listed there. If you look across the board in total revenue, the member will see that it’s actually pretty consistent across the board. In fact, the last year, 2020-21, will go down even further, because that’s only counting the partial elimination. MSP will be eliminated on January 1, so it will cross over fiscal years, and so that number will be even lower.

That’s for the member. That’s where the information is, and that’s where the MSP is accounted for.

T. Redies: If the MSP was accounted for there, and it was actually going to reduce per-capita income, why are there no brackets around it?

Hon. C. James: To the member, it’s a positive number. It’s a lower number, but it’s a positive number. Therefore, it doesn’t have brackets.

T. Redies: The minister has made quite a big deal about the $1,800 in savings that people are supposed to be receiving with respect to the MSP cut. Yet it seems like in plan 2020-21, there’s only a $200 reduction in other taxes, of which the MSP is supposedly in there.

[5:20 p.m.]

I stand by what I say. On a per-capita basis, it still looks like taxation is going up substantially under this NDP government. I just wonder, again, for a government that has promoted itself on the basis of delivering affordability…. If you’re increasing the per-capita taxable income, you are not contributing to affordability.

Hon. C. James: I think that when the member is taking a look at the other…. You have to look at all of the other revenue that’s in the other table to do the comparison. Basically, what you’re looking at there is embedded, is all of the other revenue. That would include everything that would also be going up because of population increases as well. That would include tuition. That would include driver’s licenses. Again, as you continue to see growth, you’ll continue to see that number rise.

If you look at the total revenue line, which has the $11.687 billion and the $11.767 billion, you can see that that’s, again, an $80 million increase. That’s very modest, and that one…. If you take into account the savings that people will have on child care and all the other fees and services, you can see the kind of benefit that’s there for individuals.

T. Redies: In this particular case, I’m not talking about total revenue. I’m talking about taxation per capita.

[5:25 p.m.]

Just to refer the minister back to some previous numbers. In the last government’s forecast…. I took a look back to see what was happening with that over a time frame, which doesn’t include the 2021. But it goes up to 2019-20. Over that period of time, per-capita taxation was rising from $5,695 in 2016-17 to $5,775 by 2019-20. In the same period for this government, it’s $5,695 to $6,802, so that’s higher. That’s a higher per-capita taxation.

Again, I’m not talking about revenue. What I’m talking about, specifically, is a higher per-capita taxation under this government than under the previous government — a significant amount, 25 percent increase over this time in government. Again, I come back to the same question I had before: if you are increasing taxes on the public, that is not going to help affordability.

Hon. C. James: I think, again, the issue here is that this is not including the MSP reduction. If you take into account the MSP reduction, you can see that, in fact, it’s fairly level across the board.

T. Redies: I’m sorry. I don’t have my book from the previous government or else I would explain this a little bit more. What it looks like to this side of the House is that this government is increasing taxes at a rate of nine times what the previous government did on a per-capita basis. Of course, as we know, certain income levels, certain incomers, will be taxed way more than what others will be.

In fact, I took a look at, again, some numbers. According to Statistics Canada, there are about 95,000 people in this province who make over $150,000 a year. Based on what the minister and her staff are forecasting, they’re going to pay an additional $1 billion between now and 2021 in taxation, which on average — this is on average — works out to an additional tax bill of $10,800 per person over that period.

I get that the NDP government believes that certain people should be paying more tax, but does the minister really believe that taxing families or income earners an additional $10,800 is reasonable?

Hon. C. James: You know, I don’t want to sound like a broken record, but the member isn’t taking into account the MSP savings. The member isn’t taking into account the reduction of those resources of that taxation for individual families. Again, if that’s taken into account, as the member will see, there is a consistent increase across the board using the numbers.

The member mentioned the numbers. Those are the same numbers that we’re using from the previous budget. Those are the numbers that track across the board, and when MSP revenue is taken into account — $2.7 billion elimination — you will see that the numbers, as I said, are pretty consistent across the board.

S. Bond: I’m not really sure we had a definitive answer about sustainability. The fact of the matter is that this government…. We canvassed that at the beginning of our questions. Since taking office, they’ve added $6 billion in taxation measures.

[5:30 p.m.]

I have a significant concern about something that will be impacted by that, and that’s the issue of competitiveness. When we look at the fact that taxes are forecast by this government to increase 30 percent since this government took office…. When you think about that, most of that taxation revenue comes from the very people that we expect to be job creators in British Columbia, the people who are going to be part of a thriving private sector economy.

We’re doing that in British Columbia at a time when we look at other jurisdictions. Let’s take a look at the United States, for example — obviously, a competitor and someone that we need to be paying attention to. What are they doing? They’re lowering taxes at the moment — still paying attention to priorities. But let’s face it. This is about competitiveness.

When we look at what the CEO of RBC said recently…. He said: “There is a significant investment exodus to the United States already underway, especially in the energy and clean tech sectors.” That’s not my words or my co-critic. It’s the CEO of RBC.

I would ask the minister: if, in raising taxes by almost 25 percent, what type of modelling did she do to look at the competitiveness factor? British Columbia is not an island, and the vast majority of taxes that are being applied by this government are going to impact the very people who are job creators and part of a thriving economy. What modelling or analysis was done to consider the competitiveness factor of British Columbia’s economy?

Hon. C. James: The member mentioned competitiveness, and it’s certainly something that…. As the member knows, when I presented the budget, I also talked about competitiveness. B.C. is a small, open economy. We recognize how critical that is. But we also recognize that a race to the bottom isn’t a way to build a strong economy for all British Columbians, either.

[5:35 p.m.]

When it comes to competitiveness, we have the second-lowest small business tax rate here in British Columbia, the third-lowest general corporate income tax rate, the lowest personal income taxes up to $125,000, and the fourth-lowest personal marginal tax rate.

Again, we continue to be competitive, when you look across the country. That’s been confirmed by the three rating agencies, once again rating us because of our strong economic position, our strong budget measures that we have taken in place, our balanced approach of investments in key areas that will help grow the economy long term.

I think, again, by eliminating the MSP, we are getting rid of a regressive tax that, in fact, will make our entire tax system more progressive for British Columbians. There are few people who would suggest that the MSP was any kind of fair tax, when you could be making $50,000 or $150,000 or $1 million and be paying the same in MSP premiums. So, again, we’re very competitive when it comes to our tax rates.

The member mentioned the U.S. and the lowering of the taxes in the U.S. Certainly in the discussion with other Finance Ministers across the country, every jurisdiction is looking at that. But we’ve also had businesses be very clear that when it comes to the supports that they can receive in Canada and in provinces across Canada — whether it’s health care, housing, support for quality education — those are also important factors that are looked at when companies are looking at where to invest. It’s not simply, as I said earlier, a race to the bottom. They, in fact, are looking for a competitive environment that also provides the supports and the services, the quality training, well-educated workforce.

That’s why we do so well when it comes to the film industry. We are competitive when it comes to the film industry. When you have conversations with the industry, as I’m sure other members have, they will talk about good training. They will talk about employees who are well trained and well educated. Those are investments, as well, that keep us competitive as a province.

S. Bond: As we work our way through this, I think another area where we differ…. I think more and more British Columbians are coming to agree with us. The minister can repeat as often as she chooses that she is eliminating the MSP premium. The second half of the statement is that she is replacing it with a higher tax that will impact British Columbians directly. There is case after case after case where non-profits, charities…. We’ll get to that tax later.

You know, I’ve heard the minister talk about competitiveness and the fact that it is important. When you talk about the tech sector, it is important that there be a competitive tax rate. One of the things that attracts those professionals to a thriving, knowledge-based economy is actually the kind of income earners that this very government and minister are basically layering tax upon tax on. So we’ll wait and see what the outcomes of that impact are.

I’m wondering if the minister could describe for me her reaction or her response to the recent scorecard that was provided by the Greater Vancouver Economic Scorecard, which actually pointed out that the marginal effective tax rate that British Columbia has now earned is dead last when it comes to the group of jurisdictions that are compared. There is no doubt that there was room for improvement, but we were advised, certainly, that the marginal effective tax rate information comes after considering the tax changes made by this government.

If the minister paid attention to the issue of competitiveness, what is her reaction to the fact that the marginal effective tax rate in British Columbia, in their scorecard released just days ago, has now dropped to the absolute last position in that scorecard?

[5:40 p.m.]

Hon. C. James: I just want to begin by correcting the member, because I think it’s important to make sure that we have it on the record. The amount of resources brought in on the MSP was $2.7 billion. The amount coming in on the employer health tax is $1.9 billion, so in fact, it is not bringing in more revenue. It is not a larger taxation rate. In fact, it’s a break for British Columbians when you take a look at the difference between $2.7 billion and $1.9 billion. I think it’s critical to make sure that that’s on the record.

The scorecard. We had a great discussion with the Vancouver Board of Trade. I’m sure they had the same kind of briefing for opposition as well. It was a very good discussion around the report card. I think it’s interesting to note that two of their big issues that they believe need to be worked on, if we’re going to address the economy in the Lower Mainland….

Let’s remember that this is Metro Vancouver. This isn’t the entire province. The issues that they identified…. Two of those issues are major investments in our budget, including housing and transportation. Those are two of the critical issues that they really feel have to be addressed if we’re going to address it.

On the marginal effective tax rate, I’m sure they shared the same information with the members as they shared with us, that the large majority of the decline that we saw around the marginal effective tax rate was going back to the PST from the HST. That was the issue. They raised that with us, that that was the real challenge, that there is a challenge around a business investment. That’s something that we all have a responsibility to work on. It’s something that we are also interested in working on. Also, we’re having conversations with business about that.

I know the members will certainly be familiar with the challenge of the HST and the PST, but that certainly was the information shared with us in our discussion: that that really was the largest difference between other jurisdictions and British Columbia.

S. Bond: As I’m sure the minister knows, the marginal effective tax rate is a leading economic indicator. The fact of the matter is that when the scorecard came out, British Columbia dropped to dead last. That should be a concern to this minister. It is a concern to us.

The minister references the concern, the discussion. It’d be interesting to know…. The minister says that there is a discussion, again, about PST and HST. Well, the minister can certainly correct the record. She just talked about the PST and the HST. I’m sure that British Columbia would love clarity on that. I have lived that experience. I’ll allow the minister, then, to clarify what she was referring to there, because that isn’t a discussion we had.

The other thing I want to clarify for the minister…. While the minister wants to reflect on the elimination, using the minister’s words, of the MSP premiums, we need to be clear here that there are significant impacts on small businesses, non-profits, universities, hospitals — everyone across British Columbia. The minister knows. She has heard that. We’re going to go through the modelling on the employer health tax.

While she can continue to make the contention, to contend that British Columbians will be better off, the minister…. Surely she and her staff must know that employers and municipalities are going to see an impact. The Union of B.C. Municipalities has said clearly that there is one place that municipalities can actually manage that increase, and that is by passing on those costs to British Columbians.

[5:45 p.m.]

There has to be some understanding of the fact that the minister cannot continue to impose additional taxes without British Columbians being impacted. So while the minister wants to use a number and continues to tell that story, there will be an impact on British Columbians. That is exactly what she is being told by businesses and by others.

Perhaps the minister could just give us, again, her reaction to the scorecard and, specifically, that leading economic indicator and also, maybe perhaps, clarify her comments about the PST and the HST.

Hon. C. James: I know the member isn’t happy about the employers health tax. I know the member isn’t happy about the direction that has been taken. But I think it’s important, again, to put on the record the numbers. These are facts. This is not a debate about the numbers coming in, the resources coming in and the resources going out.

To the member, $2.7 billion was revenue booked by the previous government for MSP. The employers health tax will book $1.9 billion. That is a savings when it comes to taxation, a savings that will not be paid by British Columbians. I just want to put that on the record.

On the issue of the marginal effective tax rate, the biggest difference and the biggest component of that marginal tax rate is the issue of harmonized sales. If you look at the chart that outlines different provinces and where we sit with provinces, the provinces that don’t have an HST have a higher and more challenging effective tax rate, marginal effective tax rate. That’s just, again, a fact that that’s the comparison when you take a look at it.

In the report previously, we’re second-to-last, because the province, at that point, had gone back to the PST from the HST Again, that’s the biggest component of the marginal effective tax rate and has the impact.

I said that we were having discussions with businesses around business investment. That is important, and it is a critical piece of our discussions. Myself, the Jobs Minister and others are talking with businesses about how we look at business investment. That’s the discussion that will continue to be ongoing and should be ongoing.

T. Redies: We were talking about competitiveness. We are talking about business competitiveness in the province. I’d just like to correct the minister on her numbers. Yes, the MSP was $2.7 billion; yes, the EHT is $1.9 billion. But what the government has done is transferred the costs of the MSP onto businesses, many of which never paid MSP. That impacts their competitiveness, right?

[5:50 p.m.]

I just want to clarify that, because I think it’s not correct to say that we suddenly made everything better for businesses because we’ve moved from the MSP to the EHT. It’s just not correct.

I also have the numbers here from the previous government. I was referring to the four with respect to per-capita taxation, and I would just like to put them on the record. In 2019-20, the previous government indicated that per-capita taxation would be $5,775. The “other” category was $1,994. When I look at the per-capita taxation for the new government, it’s $6,802, and the “other” category is $1,931. So we are talking about a substantial difference in per-capita taxation, regardless of what the minister is saying.

If you want to talk about the total revenues, total revenues under the previous government were going to be $10.572 billion. Under this government, it’s going to be $11.687 billion. So this government is taking much more money in taxation from individuals and businesses in this province. I want to get that on the record.

My colleague has some questions with respect to the speculation tax.

S. Bond: To start with, can the minister provide us with the definition of a speculator?

[5:55 p.m.]

Hon. C. James: I appreciate the opportunity to talk about the housing crisis, because that’s really one way…. I’m sure we’re going to talk about a number of different measures that we are undertaking, as a government, to address the housing crisis. We are talking right now about the speculation tax, but I think it’s important to note the 30-point plan that has been brought forward around housing, because there isn’t one tool, in my view and in our government’s view, that is going to address the housing market.

It’s going to take a number of measures. It’s going to take a comprehensive approach. It’s part of the reason that the Minister of Housing and myself took the time to be able to put together a comprehensive housing strategy — because of the challenges. Government doesn’t have all the tools. There are also tools that are controlled by banks, by the federal government, by mortgage rules, by interest rates that also impact the housing market. That’s part of why we put together the comprehensive approach.

Speculation in the housing market really describes people who have the ability to use the housing market as a stock market. They’re taking housing out of the market. They’re utilizing it by leaving it vacant. They’re not utilizing it for housing. They’re not renting it out. They’re not occupying it. They’re leaving it vacant in high, unaffordable areas.

We have very specifically, as the members know, taken a look at the speculation tax in areas that are incredibly unaffordable, that have the high unaffordability index and have very low vacancy rates. When you put those two pieces together, you see the kind of crisis, and I think it’s why you see British Columbians, in such great numbers, in such support of the speculation tax and the other housing measures. I think it’s because of the kind of crisis that people are facing that it is important to take these kinds of measures.

S. Bond: Well, I think we’ve uncovered another area where we’re going to agree to disagree. I can tell you that where I live, people were astounded that this government and minister thought that having a cabin meant that they were speculators. In fact, there were people suggesting to me that the tax be called a cabin tax, not a speculation tax.

Let’s just go through the process, then, in terms of how the tax was designed. What analysis was done before the speculation tax was announced? If the minister could walk through the steps in terms of how it was determined who would be captured, what the revenue numbers would be, what process was involved and what modelling was done before the speculation tax was announced.

[6:00 p.m.]

Hon. C. James: I thank the member for the question.

I think it’s important to just go back to…. Well, I’ll start to talk a little bit about the process of developing the 30-point plan and the process of looking at the modelling for the announcement in the budget in February and then the process that occurred from February as well.

Part of the Housing Minister’s and my job over the fall was to put together that 30-point housing plan and to take opportunities to be able to do very targeted consultation with a range of individuals — everyone from business, private sector, developers, construction individuals, seniors, families. When I take a look at the wide range of discussion and conversations that occurred around the housing, it was a very positive conversation and a very positive information gathering, because I think it really showed and pointed out the real crisis.

As we went through that, there were a number of measures, as the member knows, that we brought forward that we took a look at. As we modelled those, as we took a look at the process of which measures we were going to announce as part of the budget, we, obviously in each of these measures — it’s not unique to the speculation tax; it’s common to all tax policy and to the work that we did on a number of the housing measures — took a look at the impact of the tax.

We took a look at who was going to be impacted by the tax, who was going to be affected by the tax. We took a look at all of the housing measures that we put together, and we took a look at who was going to be impacted by the range of measures that were coming forward.

We took a look at housing prices. We took a look at housing starts. We took a look at foreign ownership. We took a look at vacancy rates. We took a look at affordability of housing in communities per income. That just gives the members a range of issues that were used when we took a look at the process of modelling.

We also recognize…. The legislation, as the members know, is coming in the fall. So we also knew that there would be, as we were announcing the tax in February…. As I said on budget day when I announced the tax, this is a brand-new tax. This is a tax that has not been taken a look at across the country. Usually, when you implement taxes, you’re increasing or decreasing existing tax. This was a brand-new, bold measure, and we knew that there were issues that would need to be worked through on implementation.

As I said in February when I announced the budget, the tax was being announced and implementation details to come. That was the opportunity for us to be able to, again, have feedback from the public around making sure that we looked at defining the implementation.

[6:05 p.m.]

Again, if we take a look at the fact that 99 percent of British Columbians will not pay the speculation tax…. When we take a look at the details around the least affordable areas in the province that are targeted with the speculation tax…. I think that’s exactly what British Columbians expected us to do: to listen to the feedback, to look at the implementation and to ensure we were bringing in a tax that was going to have the impact that was needed when it came to affordability in the market.

S. Bond: Thanks to the minister for explaining that process. I’m a bit surprised, actually, that the minister says that there was a look at who was going to be impacted by the speculation tax. The way the tax actually ended up capturing people does not line up with the fact that the minister and the Premier made comments about this.

Let’s start with the Premier. Apparently, the Premier didn’t seem to know it was going to apply to British Columbians. If an analysis was done in terms of who was going to be impacted, wouldn’t one of the basic questions be: are British Columbians who pay taxes going to be considered speculators?

Here’s what the Premier said: “If you pay tax in B.C., you are not speculating from outside of B.C…. If you have a home in Vancouver and a home in Penticton that you visit in the summer or to ski in the winter, that would not fall in with the out-of-province speculation tax.”

To the minister, why didn’t the Premier know that the speculation tax, considering the minister has outlined a process that said there was a whole lot of discussion about who it was going to impact…? Why didn’t the Premier know that it was going to include British Columbians?

[6:10 p.m.]

Hon. C. James: I think it’s important to recognize…. When we take a look at the principle of this tax, when we take a look at the principle of looking at high, unaffordable areas with a very low vacancy rate, with an inability for people to be able to either rent or buy in areas of the province and the encouragement to look at getting units rented out…. That is the principle. That’s been the principle from the start in announcing the tax in February.

Then there are a variety of ways to be able to do that. There are a variety of ways to be able to get at implementing the principle. The example I want to use for the member…. The member mentioned a cabin. I think a cabin is a good example of the variety of tools that could be used to exclude cabins. We said all along that British Columbians…. As you can see, 99 percent of British Columbians are not impacted by the speculation tax.

There are a variety of ways to be able to exclude British Columbians or exclude cabins, and one of those might be the value. That might be a tool that you might use when you’re preparing a tax, to be able to take a look at the value of a property. You might use the area that it’s in. That was, again, a piece that we explored as we listened to people, as we were looking at the implementation. You might use the rental time, the period of time that a place is vacant, to be able to determine how people are excluded or included.

There are a variety of tools, as we looked at implementation, as we continue to look at implementation, that then get built into the legislation that will come forward in the fall. As I said, that’s precisely the kind of work that we needed to do in introducing the tax in February, in making sure that we’re looking at the implementation to ensure that…. As I said, 99 percent of British Columbians, in fact, will not pay the speculation tax. In fact, people don’t have to pay the speculation tax if they rent their property out, which is exactly the kind of direction and exactly the kind of principle that we have in place for this tax. It provides the opportunity to ensure that housing is used for housing.

I have to say that if you talk to British Columbians, it is the constant that I hear, not simply from the Lower Mainland but, in fact, around British Columbia. The real challenge is that families, working families, that people who, in fact, have decent jobs and decent income can’t get into housing. This is one of a 30-point plan to try and address that.

T. Redies: The minister keeps saying that 99 percent of British Columbians will not be impacted by this tax. Can she explain to us how many housing units are going to be covered by this tax? They did modelling, apparently, so I presume that those numbers are available. In terms of the 99 percent, 99 percent of British Columbians don’t own second homes. But of the people that own second homes, how many of those are British Columbians?

[6:15 p.m.]

Hon. C. James: I want to make sure we get the numbers right. We’ve got the numbers around the housing and the percentage of housing and the percentage of foreign-owned housing. We’ll make sure we’ve got that information for tomorrow morning for the member, if that makes sense — just so we can make sure we’ve got a thorough sheet of all the numbers.

We’ll bring that information back for the member. I know we’ll be back again tomorrow afternoon. It’s Wednesday tomorrow, correct? Just making sure I’ve got my days right. So we’ll come back tomorrow afternoon and bring that information so that we can go through a thorough discussion of that.

With that, I move that the committee rise, report completion of the resolution of the Ministry of Health and report progress on the Ministry of Finance and ask leave to sit again.

Motion approved.

The committee rose at 6:17 p.m.


PROCEEDINGS IN THE
BIRCH ROOM

Committee of the Whole House

BILL 26 — CHILD, FAMILY AND
COMMUNITY SERVICE
AMENDMENT ACT, 2018

The House in Committee of the Whole (Section C) on Bill 26; R. Leonard in the chair.

The committee met at 1:36 p.m.

On section 1.

L. Throness: I have several questions to ask on the first clause, so I hope the minister will bear with me. I want to thank her and her staff for appearing today.

The first question. The bill is full of repetition. When it comes to agreements, it repeats the same formula over and over. For example, “if the child is a First Nation child, the First Nation,” “if the child is a Nisg̱a’a child, the Nisg̱a’a Nation,” and so on. It does so about 13 times. Could we not be more efficient in this bill and make one blanket clause that would apply to all agreements throughout the bill?

Hon. K. Conroy: Legally it’s important that we repeat it each time for clarity.

L. Throness: In reading the reaction of a number of Indigenous organizations to the bill, the general feeling seems to be that the government failed to adequately consult. Nevertheless, there are some improvements brought by the bill, even though it doesn’t go far enough in recognizing Aboriginal independence and self-government.

Why would the bill not include in it — and this is a general question — a section requiring a review of the bill after a brief period of time — say, three years — so the government could build capacity in Aboriginal communities and then revisit the terms of the bill?

Hon. K. Conroy: We made a commitment to work with the First Nations Leadership Council, the delegated Aboriginal agencies and the individual First Nations on the implementation of this bill. We’re also working with the same groups around the legislation, associated with the issue around jurisdiction, which is, we think, the piece that the majority of First Nations felt was missing, moving forward.

[1:40 p.m.]

As we’ve been very clear, this is a first step, and this is only a first step. We were going to ensure that we had this first step in place, because this is what was requested by the majority of First Nations. That came out of the consultation from Grand Chief Ed John when he did his report — that this is very much needed as a first step.

L. Throness: What legal impact, if any, will this bill have on adoption for children or adoptive parents adopting Indigenous children?

Hon. K. Conroy: Adoption is a different piece of legislation.

L. Throness: How will this bill impact foster parents? Is there anything in the bill, for instance, that will help to promote foster parenting for Indigenous children?

Hon. K. Conroy: There’s nothing specific, but the legislation would support any agreements that First Nations would have with foster parents.

L. Throness: I want to move on to 1(1)(a) and ask about the word “aboriginal.” I’m wondering why the word “aboriginal” is being replaced with “First Nation” or “Indigenous” throughout the act, given that the word aboriginal is in the Charter, as well as other B.C. and federal laws.

Is this a legal issue? Is there any legal difference between the words aboriginal, First Nation and Indigenous, and are we taking away something from aboriginal people in removing that word from the act?

The same question would be for “Indian band.” There is an Indian Act, and Indian bands have a legal structure, and so on. Are we removing something from them — an option, a legal option — by removing this wording?

Hon. K. Conroy: The definition ensures that it covers all the same groups. It’s a modernization of language that First Nations asked for. The legal definition clearly articulates that it includes First Nations, Métis and Inuit.

It is, as I’ve said, considered more inclusive by Indigenous peoples, and the definitions section is inclusive of language used in the constitution and in subsequent legal decisions.

L. Throness: I have a question for the minister from a constituent, Peter Lang, who is the father Nick Lang, who passed away in care and was the subject of a detailed investigation by the Representative for Children and Youth.

He notes that the words “Métis” and “Inuit” are mentioned in 1(1)(a),(d) and (e), but nowhere else in the bill. Can the minister explain to us why the mentions of Métis and Inuit are only made here?

Hon. K. Conroy: The term “Indigenous” is a defined term that includes Métis, Inuit, so once we have brought that in, Indigenous refers to First Nations, Métis and Inuit.

L. Throness: There’s nothing in this bill that obligates the government to notify the Métis Nation B.C. when a child is apprehended, unlike First Nations. Why is that?

[1:45 p.m.]

Hon. K. Conroy: We have made a commitment to working with the Métis. We actually are in the process of finalizing an agreement. The actual process will be covered later in the bill.

L. Throness: The Métis Federation of B.C. responded to the legislation. They explicitly referenced custom adoptions. I want to quote from their letter, dated March 22: “Once again, I stress to please add to the CFCSA the suggested sections concerning family preservation and an easier way of recognizing our Métis custom adoptions for the benefit of our children.” How does the minister and the bill respond to this request?

Hon. K. Conroy: Actually, custom adoption is covered under a different piece of legislation. It’s not related to this bill.

L. Throness: Moving to 1(c). A First Nation child is defined as a member of a First Nation, which may be a band under the Indian Act but may also be an Indigenous legal entity. Could the minister provide an example of a First Nations child who would be a member of an Indigenous legal entity that would not be a band?

Hon. K. Conroy: The amendments ensure that children who are members or are entitled to be members of two First Nations in B.C. with self-government agreements, Westbank First Nation and Sechelt Indian Band, are included in the definition of Indigenous child. These two First Nations will be prescribed by regulation once the amendments are passed.

L. Throness: So we’re talking about being prescribed by regulation. I have an important question about that one. What will a First Nation or other entity have to do to be prescribed by regulation? Will there be any accreditation process, any standards to meet, or could it be just if there’s strong political pressure to prescribe an entity. Could the minister explain the process to us.

[1:50 p.m.]

Hon. K. Conroy: It allows us to include First Nations that have a self-government agreement with Canada, out of the Indian Act.

L. Throness: Well that’s a very murky answer. Maybe I could ask further: will there be a process of accreditation for becoming a prescribed entity under the bill? Where is the mandate in the bill for this process of accreditation?

Hon. K. Conroy: The issues of accreditation come up later in another section of the bill. What I did answer was based on the definition, which is what section 1 is about.

L. Throness: All right. That’s fine. I’ll bring it up later — again. Those are all the questions I have then on section 1. I’ll turn to my colleague if she has some questions.

S. Furstenau: I’m hoping the minister can just provide some rationale for the 12 years old as the age at which a child can self-identify as Indigenous.

Hon. K. Conroy: This is existing legislation. This has been under this act since 1996.

S. Furstenau: In section 1(b), there’s a reference to “another Indigenous community.” It says: “to a First Nation, the Nisg̱a’a Lisims Government, a Treaty First Nation or another Indigenous community.” I’m curious about what that could refer to. Could it be, for example, urban Indigenous communities? Then what would the implications of that be?

[1:55 p.m.]

Hon. K. Conroy: Just for clarity. I think the member is referring to where we canvassed the amendments — to ensure that children who are members are entitled to be members of the two First Nations in B.C. with self-government agreements, so the Westbank First Nation and the Sechelt Indian Band.

The member did refer to urban First Nation children. If she could clarify the question.

S. Furstenau: In section 1(1)(b): “in the definition of ‘designated representative’ by striking out ‘to the Nisg̱a’a Lisims…’ and substituting ‘to a First Nation, the Nisg̱a’a Lisims Government, a Treaty First Nation or another Indigenous community.’” I’m just curious about some clarity on what another Indigenous community could mean — whether, for example, it could mean an urban Indigenous community, such as we have in Vancouver, that might be made up of people from a number of different bands.

Hon. K. Conroy: This captures everyone who isn’t captured by the Nisg̱a’a treaty or Indian band. Urban First Nations would belong to a community either in B.C. or across Canada.

S. Furstenau: Just to pursue the “designated representative” a little bit. It means a representative designated in accordance with the regulations, and this regulatory process already exists. Could the minister explain how representatives are designated? Are parents consulted in the designation of a representative nation?

[2:00 p.m.]

Hon. K. Conroy: This isn’t part of the amendment. It’s something that is done now by existing regulation.

S. Furstenau: That’s great. I’m just wondering if you could expand a little bit on how it’s done and whether the parents are consulted in that process. If you have somebody who is Indigenous, perhaps it’s two parents from different nations, how is the designated nation determined, and is there input from the parent or parents into that determination?

Hon. K. Conroy: A parent would tell which community, which First Nation, which band that the child is part of — whether there’s one, two or how many there are. The representative is identified in regulation, and it’s not part of the amendments. It’s not part of this bill. That’s existing regulation that is in other regulation.

Section 1 approved.

On section 2.

L. Throness: In section 2, which amends 2 of the act, when we say, “Indigenous families and Indigenous communities share responsibility for the upbringing and well-being of Indigenous children,” we would agree with that. But the act applies to all British Columbians in addition to Indigenous British Columbians. Has the minister looked to see if there are any other ethnic communities which share that same characteristic of communal responsibility for the upbringing and well-being of their children, who may also be overrepresented among children in care, to see if they should also be named in the act?

[2:05 p.m.]

Hon. K. Conroy: The language mirrors the United Nations declaration on the rights of Indigenous peoples. The language is also a direct response to the overrepresentation of Indigenous children in care. Of course, cultural connections are important for all children, but this specifically refers to Indigenous children.

I just want to read into the record the actual section of UNDRIP which this language is mirrored after. It says: “Recognizing in particular the right of Indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child.”

S. Furstenau: Can I just ask for some clarification? For example, if there is a parent or a mother who has identified that she doesn’t want her nation involved, does she have the capacity to give, or not give, consent?

[2:10 p.m.]

Hon. K. Conroy: This amendment, within this bill, ensures the rights of Indigenous children to be connected to their community and culture, because it’s been proven that when they are connected, it improves outcomes. These are children who…. There have been some concerns prior to us utilizing this legislation.

Parents have rights to consent, under voluntary agreements, whether they want the nation involved or not.

S. Furstenau: That’s great — under the voluntary agreements. That helps clarify.

If it’s not a voluntary situation, is the consent also there for the parent or not?

[The bells were rung.]

The Chair: We’ll call the committee to recess.

The committee recessed from 2:11 p.m. to 2:22 p.m.

[R. Leonard in the chair.]

Hon. K. Conroy: In response to the member’s question before our break, what happens now, if a parent does not consent to the Indigenous community becoming involved with a child….

Under the current legislation, if a director has not removed a child and the parent objects to the community’s involvement, the director has limited authority to disclose information to the community. The director would not be able to involve the community, contrary to the wishes of the parent. Indigenous communities are entitled to notice and become parties to the Child, Family and Community Service Act proceeding whether or not the parents consent — so just entitled to notice of a proceeding. The director could disclose information to the community without the parent’s consent if the director considers the disclosure necessary for the safety or well-being of a child or necessary for the safety of an adult.

Also, the member asked: does parental consent affect how an Indigenous community can be involved? Well, the answer is yes. An Indigenous community will not be able to be a party to support and service agreements, to voluntary care agreements or to a special needs agreement without the parent’s consent. If the parent will not agree to placing his or her child with a care provider, and if an Indigenous community wants to be a party to the agreement, then the community would not be a party to the agreement.

If the director does not have a written agreement with an Indigenous community about how that community will be involved in planning and decision-making respecting its children, the parent’s consent may affect the community’s involvement. That said, the guiding principles make clear that Indigenous communities share responsibility for the upbringing and well-being of children and that Indigenous children are entitled, regardless of the parent’s views, to learn about and practise their Indigenous traditions, cultures and languages and to belong to their Indigenous communities. This right will be difficult to uphold without involving Indigenous communities.

[2:25 p.m.]

Agreements between the director and Indigenous communities respecting involvement with children prior to a child’s removal from the home will likely address what the party’s obligations would be if a parent does not want the Indigenous community to be involved.

S. Furstenau: Thank you to the minister for the answer.

Fundamentally, I agree on the overarching goal that Indigenous communities are clearly engaged and involved. Unfortunately, the situation we have in so many nations right now is the lack of infrastructure, the lack of funds for education, the lack of programming.

My question to the minister is: what steps will be taken to see the implementation of this overarching goal in Indigenous communities? What kind of support can communities be expecting in order to actually fulfil the laudable goals of this legislation?

[2:30 p.m.]

Hon. K. Conroy: There is a lot of work that’s been done over the last little while by both the federal and provincial governments. The provincial government has invested more money in the delegated Aboriginal agencies. We’ve invested money in the actual communities.

The Aboriginal services innovations fund is investing in service in Aboriginal communities. Teams in the ministry are delivering services to Indigenous children that are not being served by delegated Aboriginal agencies. Millions of dollars in contracts with the delegated Aboriginal agencies, as well as community organizations like friendship centres, deliver services for Indigenous children.

As well, we are working with Canada to continue to improve the supports and shift our investments to better meet the needs of Indigenous families. We are a partner with the delegated Aboriginal agencies, some of them who did get additional funding from Canada.

We know we need to work in collaboration. The bottom line is everybody wants to ensure that there are better services for Indigenous children and families across the province, preventative services to ensure children actually stay out of care and lower the number of children that are in care today in this province.

S. Furstenau: My last question on this section and sort of an overarching one. The minister mentioned the discretion of the director, in terms of making the decisions about reaching out to nations and those decisions. Ultimately, we’re still in a position of quite a bit of power and authority lying with the director.

If the minister could speak a little bit to the intention to move towards Indigenous families and communities sharing the responsibility. The authority and the power also needs to be coming into this equation. What kind of steps does the minister see moving towards that part of the equation?

[2:35 p.m.]

Hon. K. Conroy: The member is right. This is still the Child, Family and Community Service Act. Major transformational change will come, and that is coming with the discussions with First Nations, with the agreements that are being discussed now and will come into fruition soon, with some First Nations.

It also gives additional tools and obligations to the director within the amendments. Some of them are that the director must administer the act in a manner that upholds Indigenous rights to learn about and practise their Indigenous traditions, customs and languages and belong to their Indigenous communities.

The director has to consider the impact of residential schools, its intergenerational impact, and how to best address those impacts through culturally sensitive and appropriate supports and interventions.

The director has an increased ability to share information with Indigenous communities. The director also has increased authority to enter into agreements with Indigenous communities to routinely involve them in decision-making and planning respecting their children. All is in respect of the language of UNDRIP.

The director is required to seek the involvement of Indigenous communities in planning for their children who are under the continuing custody of the director. And in more instances, the director can withdraw from proceedings when parents and communities are working together and can protect their children. So when things are going well, at times the director can step back.

The director can also refer child protection reports to prescribed nations that have agreements with the director and be involved with the process with the children.

S. Furstenau: One more question. Based on what the minister just responded, I really appreciate….These could all be very positive steps, but what I’m concerned about and curious about is the accountability built into this.

If there are instances where the director is not doing all of these things — if there are instances when, for example, what’s playing out on the ground is quite the opposite — where is the accountability going to be for the director, which is all dispersed throughout the system? How can there be that capacity for both individuals and communities — Indigenous communities, nations — to be able to hold a director to account to be upholding the intention of this legislation?

[2:40 p.m.]

Hon. K. Conroy: I just want to say social workers do have a difficult job, and they work really hard every day to make sure that they’re doing a good job to ensure children remain with their families.

If there are issues that arise with practice, there are a number of processes in place. If the issues arise and it can’t be addressed at the local level, the ministry has a robust quality assurance framework that reviews and assesses practices on multiple levels. This includes conducting practice audits, reviewing incidents on individual files, conducting practice reviews and providing complaint resolution services and completing administrative reviews.

I mean, the reality is that it is the number one goal in our service plan to reduce the number of Indigenous children in care. It’s in my mandate letter. It’s my number one goal. So it’s a directive from the minister to the ministry and to social workers across the province that this is our goal. This is our mandate. And we are going to work towards this to ensure that….

We are going to make sure we have the supports in place. We’re going to provide the preventative supports to support families so that children can stay with the families. These amendments allow us to do the due diligence in ensuring that children don’t get taken into care — not having to reach out to a community after a child is taken into care but ensuring those supports are in place prior to a child being taken into care.

That’s my directive to the ministry and one that I will commit to.

Section 2 approved.

On section 3.

S. Furstenau: The service delivery principle acknowledges the impact of residential schools on Indigenous children, families and communities. Were the United Nations declaration on the rights of Indigenous peoples or the Truth and Reconciliation Commission considered as possible additional service delivery principles?

[2:45 p.m.]

Hon. K. Conroy: Social workers need to clarify to make sure they understand the impact of residential schools — that that’s taken into consideration when they’re working with families. Social workers are getting training now and will continue to get training to make sure that they understand how those impacts could affect families and children. I already talked in section 2 about the language of UNDRIP and how that was included in the truth and reconciliations.

Just as a specific example of what could be taken into consideration by a social worker…. If a family was being impacted by residential schools, social workers will want to know whether the parent attended a residential school or whether the child’s grandparents did and what they consider to be the impacts of those experiences. It’s been proven that the impact of a grandmother attending residential school can have an impact, as well, on the grandchildren.

The schools impacted children and families in different ways. It will be the impacts on the particular family that the social worker needs to be interested in, and they need to assure that they recognize the differences, because experiences are unique. In order to effectively address protection concerns, services will need to acknowledge the impact of residential schools and specifically address a family’s healing. So there needs to be work done by social workers to ensure that that is part of the process.

S. Furstenau: Thanks to the minister for that. In terms of the training for the social workers, is that going to be implemented for every social worker in B.C.? Is there a timeline for that, and what does that training look like?

[2:50 p.m.]

Hon. K. Conroy: There’s ongoing training that’s happening now. All social workers are required to take it. There is experiential training as well as Indigenous cultural training.

We have, within the ministry, an elder named Wedlidi Speck who is developing the more detailed training program. He’s close to being finished, I think. Once this is done, this will also be training that he will be undertaking with social workers across the province.

It’s ongoing, and it’s going to continue, and all social workers will be required to take some form of training, especially the additional training that’s being developed by Wedlidi. As soon as that’s ready to go, folks in the ministry will be ready to take it.

S. Furstenau: Just around the training, the experiential one…. I think that’s the village program that was developed in Cowichan, which is great.

Within that training, will it include — and this comes from specific examples in our riding — specific direction to social workers about language and how language is used — for example, saying to parents, “You’ll never see your children again” or “If you don’t do this, we’re going to take…,” the kind of implied threats?

I ask this because of what I’ve heard from so many parents who speak about the fear that they live in. As soon as they have an interaction with the ministry, or even if they haven’t, they live in a kind of fear. What I would hope is that that training would actually work specifically so that the social workers would recognize that the kind of authority and power they have brings with it a fear that the parents experience and that it would address that imbalance that already exists.

If the minister could comment on specific kind of language requirements and specific ways of communicating that would be recognized as unacceptable, particularly under these amendments.

Hon. K. Conroy: I just want to point out that the village training is very important and also something that I’ve recommended. We’ve been talking about it as something the cabinet should take, and we’re hoping to do that soon. It’s a great….

Interjection.

Hon. K. Conroy: Yeah, all MLAs should take it. The member’s right.

Also, as a minister, I would agree that that’s inappropriate language that the member is referring to and that it shouldn’t be used. We have trauma-informed practice that all social workers are trained on or will be trained on to make sure that that type of language isn’t used. But that’s specifically what type of training is undertaken by social workers.

Section 3 approved.

On section 4.

S. Furstenau: I’m likening my life to university now, where there are just endless assignments and homework and the presentations are all public. But I loved university, so this is great.

[2:55 p.m.]

Section 4 “adds factors to the determination of an Indigenous child’s best interests.” What will the procedure be to fulfill an Indigenous child’s best interests if they are no longer living nearby or with direct access to their nation or community?

Hon. K. Conroy: The new amendment expands the existing 4(2) by requiring consideration of the importance of the child being able to learn about and practice the child’s Indigenous traditions, customs and language and belong to the child’s Indigenous community.

The “best interests” test, as amended, will ensure that the courts and the director take the importance of an Indigenous child being able to learn about and practice the traditions, customs and languages, and belong to his or her Indigenous community, and take that into account when considering a child’s best interests.

The ministry has funded children to go back to their communities for homecomings, where they go back for events in their nation, as well. The Wet’suwet’en just came to Vancouver and spent some time with some children that live in Vancouver to do some work around the traditions and cultures of the Wet’suwet’en.

I think it’s more important that the amendments to this legislation, to this act, have actually strengthened the ability to do that — to ensure that children can experience their cultures. It’s made it much more consistent.

S. Furstenau: Just to clarify. There would be funding available through MCFD for those — for example, for travel for the child back to the community?

Hon. K. Conroy: Yes, there is.

S. Furstenau: One more. There’s a separate “best interests” subsection that highlights the importance of the relationship the child has with a parent. Considering the importance of the child-parent relationship, how will this generalized “best interests” determination emphasize that importance of the child-parent relationship within this greater context?

Hon. K. Conroy: All factors are considered by the court, by the social workers, by the director, when determining the best interests of the child, because the bottom line is determining what the best interests of the child are.

Sections 4 and 5 approved.

On section 6.

L. Throness: In this section, we have the first instance of the use of the word “may” rather than “shall.”

[3:00 p.m.]

As the minister knows, the Representative for Children and Youth appeared before the standing committee about a week ago, lamenting the fact that the bill, according to him, did not go far enough and gave too much discretion to the ministry rather than requiring that they do things. I wanted to give this opportunity to the minister to speak to the objection raised by the Representative for Children and Youth that the bill doesn’t go far enough. Could she speak to that?

[S. Chandra Herbert in the chair.]

Hon. K. Conroy: This is about an agreement. This is an agreement between the parent, community and the ministry, and the provisions are voluntary. We can’t force people to come into an agreement. That’s why the term “may” is used. It’s used — it’s a legal term — because you cannot force provisions upon people when it’s a voluntary agreement.

L. Throness: If I’m referring to the wrong section, perhaps the minister could refer me to the section that the representative was referring to when he raised his objection.

Hon. K. Conroy: I’m not sure of the direct section. We can follow up on that.

L. Throness: I want to go on to talk about another part of section 6. In repealing this section, the following was eliminated: “The services may include, but are not limited to….” And then it gives six categories — services for children and youth, counselling, in-home support, respite care, and so on.

Why are these categories being eliminated? It appears there is nothing now that defines what an agreement is about. It would just be about services or support to assist the family. Can an agreement now contain literally anything, or is there any guidance given?

Hon. K. Conroy: These are not being eliminated. They are staying status quo within the legislation.

L. Throness: I note that a withdrawal from the agreement by a party does not have the effect of terminating an agreement. If a party is attached to an agreement and is integral to that agreement, how can the agreement take effect if the party withdraws? What is the value of the agreement if the other party withdraws?

Hon. K. Conroy: This withdrawal only refers to the Indigenous community. So if the Indigenous community withdraws, the parent is not left without support. The support can continue with the ministry, and the agreement stays valid. The ministry stays involved with the agreement.

[3:05 p.m.]

L. Throness: Does the bill allow the party to withdraw without consequence, or would there be some kind of a consequence to the withdrawal from an agreement?

Hon. K. Conroy: I can’t imagine a circumstance where there would be consequences to a withdrawal. There could be a multitude of reasons.

L. Throness: Does the bill have provision for a director asking a party to withdraw from an agreement, if the party does not fulfil its conditions? Could they nullify that part of the agreement?

Hon. K. Conroy: Right now the regulation allows that any party can withdraw, as long as there is written notice — at least seven days’ notice.

S. Furstenau: Just a couple of technical questions. In section 5(1), it says: “A director may make a written agreement with the parent of a child….” This has changed from “parent.” Could the minister explain just the difference between “parent of a child” and “parent”?

In the previous iteration, it said: “A director may make a written agreement with a parent to provide…services.” Now it says “parent of a child.” I’m just curious if there’s a significant distinction between these two terms.

Hon. K. Conroy: It’s really just a grammatical change, because we added in that we can have an agreement with First Nations. So it’s purely grammatical.

S. Furstenau: What this section previously stated in the current legislation is: “A director may make a written agreement with a parent to provide, or to assist the parent to purchase, services to support and assist a family to care for a child.” And it’s been changed to: “A director may make a written agreement with the parent of a child for the provision of services or support to assist the family to care for the child.”

I’m just wondering about what this fundamentally changes, because it does take out the “purchasing services.” What does it fundamentally change, and what was the reason behind the change?

Hon. K. Conroy: It just gives a broader definition. It offers more services, and it doesn’t stop the ministry from helping a family to purchase services.

Section 6 approved.

On section 7.

L. Throness: I want to ask a few questions about the disclosure and security of information. What is the full scope of information that might be provided to a party under this section?

[3:10 p.m.]

Hon. K. Conroy: The parties are going to be receiving sensitive information, and they have to agree they’re going to deal with that information with the same respect that the ministry has to deal with the information.

L. Throness: The clause talks about “conditions on the use, disclosure and security of information.” What sorts of conditions might be placed on the disclosure of information provided under an agreement?

Hon. K. Conroy: It would be dependent on the nature of the agreement, but they would be beholden to the same standards that the ministry would be beholden to.

L. Throness: Can the minister give us some idea of what a concrete condition or conditions might be?

Hon. K. Conroy: Because it’s voluntary and an Indigenous community might receive quite sensitive information, the Indigenous community can’t disclose this information about the child unless it’s specific to the agreement that they have signed previous to receiving the information.

L. Throness: What would be the consequences of a party breaching those conditions? Say the First Nation or whoever the agreement was made with breached those conditions. Is there any consequence at all?

Hon. K. Conroy: It is actually an offence under the act to disclose information.

L. Throness: There could be big consequences for the improper disclosure of information, anywhere from public embarrassment to acts of violence or retaliation or whatever. Who will bear the liability if there is a lawsuit of an improper disclosure? Has the minister received legal advice on that?

[3:15 p.m.]

Hon. K. Conroy: I actually want to introduce Maria Coley, who is our legal adviser here. We definitely have legal advice. She’s been very much a part of the process and the development of this legislation and the amendments to the act.

Any individual who receives information under the CFCSA bears a consequence if they release information. They’re obligated to keep it confidential. It’s actually the individual’s responsibility. It’s not a legal risk to the ministry. It’s very much a legal risk to the individual.

Section 7 approved.

On section 8.

S. Furstenau: Just one question on this. The section outlines the conditions for another party to be included in an agreement between MCFD and the parent to provide services. I’m just wondering. If the child is Métis, how does that come to be — if there is a capacity for creating an agreement there.

Hon. K. Conroy: A Métis child is captured under section (2.1)(d): “if the child is not a First Nation child, a Nisg̱a’a child nor a Treaty First Nation child, the legal entity representing the child’s Indigenous community.” A Métis would be captured there.

S. Furstenau: If I could just get clarification of who the agreement would then be with. What would be the designated body?

Hon. K. Conroy: Currently the legal representative is the Métis Commission, but we are engaged in discussions right now with the Métis Nation.

Section 8 approved.

On section 9.

S. Furstenau: This section clarifies who cares for the child, and in the conditions for an agreement between the MCFD, the parent and another party. My question for the minister is: does this section allow for the parent or other kin to be given support in terms of money, as we see foster families being given support?

Hon. K. Conroy: Yes.

Sections 9 and 10 approved.

On section 11.

L. Throness: I have several questions on this one. Here the director has to decide whether or not to refer the report to a prescribed First Nation, Nisg̱a’a Nation or treaty First Nation, instead of another director. If he or she refers the report to a prescribed First Nation, it absolves the director of any obligation to assess the information in the report.

Can the minister comment on what legal effect that has on the case? I assume the child is still in the care of the government.

[3:20 p.m.]

Hon. K. Conroy: I think it’s important to point out that the child we were talking about is not a child in care. I also think it’s really important to clarify the process.

A child protection report does not necessarily mean a child is in need of protection or is destined to come into care. The ministry receives child protection reports on over 40,000 children each year. Every report is assessed. Each report does not necessarily create a child protection concern. The assessment determines whether there is a protection or a non-protection response. About half of these are found not to have a child protection concern.

L. Throness: What are the ramifications of, say, a prescribed treaty First Nation assessing the information in the report? In other words, what legal, financial or other responsibility does that treaty First Nation incur?

Hon. K. Conroy: If the treaty First Nation accepts the child protection report, that nation becomes legally responsible for the report.

L. Throness: I’m just wondering what that means. What are the ramifications of being legally responsible for the report?

Hon. K. Conroy: That would be the same responsibilities as the ministry. They would have to assess the child protection report, follow up on it and, bottom line, ensure the child is safe.

L. Throness: Can a prescribed entity refuse to assess a referred report?

Hon. K. Conroy: Yes.

L. Throness: Answers are coming thick and fast here.

What happens if the director makes an agreement with a prescribed First Nation, and is absolved from doing so him- or herself, but the First Nation, for some reason, perhaps a legitimate reason, doesn’t follow through with an investigation? Does it automatically come back to the government, or does it sit in a sort of legal limbo?

Hon. K. Conroy: If the report is referred and the report is not acted upon — the report isn’t assessed — and there is another report, then the director has the responsibility to determine how to move forward with that report.

L. Throness: Just to clarify, then, the report does sit in a sort of legal limbo. It just goes out into the ether, and then another report has to be generated before anything will happen.

Hon. K. Conroy: It’s not a legal limbo because the First Nations have their own laws and agreements.

[3:25 p.m.]

L. Throness: One more question. I asked this question earlier. I ask it because I think it is central to the process of the bill, and that’s the capacity of a prescribed entity.

We’re going to prescribe First Nations and other Indigenous entities that we can refer reports to and make agreements with, and so on. So the capacity of those entities is really very fundamental to the bill. We shouldn’t be referring things — and I think the bill understands this — to an entity that doesn’t have the capacity to deal with them. Where in the bill does it mandate a process of accreditation for becoming prescribed? Where is the mandate?

Hon. K. Conroy: Treaty First Nations already have the frameworks in place. They have the laws. The ministry would require, prior to prescribing an Indigenous nation to receive child protection reports from the ministry, that they have to have established a child welfare agency that is adequately funded and staffed, that they’ve developed operational and practice standards intended to ensure the safety and well-being of children. We are going to be working with delegated Aboriginal agencies and with First Nations over the next few months to ensure that all of this is in place.

L. Throness: There’s no automatic prescription for all First Nations in B.C.

Hon. K. Conroy: No. It’s not automatic.

S. Furstenau: This section “authorizes a director to refer child protection reports to Indigenous entities.” My question is whether parents are given consent for this to happen, and if not consent, are they at least consulted and told that it’s happening?

[3:30 p.m.]

Hon. K. Conroy: No, the director passes on the child protection report to the prescribed nation. The child protection laws of the prescribed nation then come into force and pertain to that child and family.

S. Furstenau: In the notes to the section, it says that it authorizes the director to refer child protection reports in the various circumstances and subject to the requirements and time frames set out. I’m just curious about what those requirements and time frames are.

Hon. K. Conroy: The time frame would be subject to their laws and any agreement that we would have with the prescribed nation.

S. Furstenau: Coming back to the bigger question of accountability, I’m just wondering how the ministry intends to measure the success of these initiatives. Is there a framework for that accountability and that measurement of success?

Hon. K. Conroy: The bottom line: the accountability is better outcomes for Indigenous children and fewer Indigenous children being taken into care and more Indigenous children and families being able to have the supports to stay together.

S. Furstenau: In subsection (2.1), it allows for situations where the director must not refer the report. My question is: how many First Nations currently meet the criteria of this subsection?

[3:35 p.m.]

Hon. K. Conroy: At this time, none. But we are in negotiations.

S. Furstenau: Any idea of a timeline on that?

Hon. K. Conroy: The timeline depends on when the act comes into force. But we’re pretty confident that as soon as the act does, there is at least one nation that will be ready to go.

Section 11 approved.

On section 12.

S. Furstenau: It says: “If a person referred to in subsection (2) (a) or (c) appears at the commencement of the hearing, that person is entitled to be a party at the hearing.” Could the minister please explain this? What are the parameters around that?

Hon. K. Conroy: This is actually housekeeping. It’s just to make it clear that if certain entities come to the commencement of a hearing, they’re entitled to be at the hearing throughout the entire hearing. They automatically become entitled to appear at the commencement of the hearing.

S. Furstenau: I’m just wondering about “certain entities.” For example, if there was an ex-spouse or a relative or a stranger, would they all be considered entities that could be a party to the hearing?

Hon. K. Conroy: Anyone who is entitled to notice is entitled to this housekeeping amendment.

Sections 12 to 14 inclusive approved.

On section 15.

L. Throness: I notice that in subsection (b), we are substituting seven days with the word “promptly.” The specific time frame of seven days was instituted for a reason. I realize it’s convenient for the government to give itself more time, but it’s not so nice for the parent and the child, particularly if the child has been wrongfully removed.

[3:40 p.m.]

What does “promptly” mean in legal terms? How many days could that seven-day period be extended? Have there been any court decisions or anything that would define this?

Hon. K. Conroy: This is also housekeeping. A director can withdraw any time from a hearing. It did make sense, because hearings often go longer than seven days. So this was just put in so that any time during a presentation hearing the director can withdraw.

L. Throness: I’ve been given a question by my colleague. Could we get the minister to comment about significant delays due to adjournments in court and the stress that it puts on parents? How does the ministry plan to address this in the bill?

Hon. K. Conroy: This is actually not about any of the amendments in this bill. We are working on that. We can brief the member about that later.

Section 15 approved.

On section 16.

L. Throness: Just one question about this. The director can make an agreement with any number of parties prior to withdrawing from a presentation hearing, even out-of-province governments or child welfare agencies, and has to present a report to the court stating the reasons why he or she thinks the agreement is adequate to protect the child. Are there any legal criteria provided in regulations for that report, or is the only criteria the court’s approval?

[3:45 p.m.]

Hon. K. Conroy: The director has to provide a written report. It’s an agreement.

L. Throness: I have no further questions until section 49, Chair.

Sections 16 to 48 inclusive approved.

On section 49.

L. Throness: Just one question here. Would the minister add a section after this section that would require a review of the changes in this bill in a few years, perhaps by the Standing Committee on Children and Youth, so that we could hear reports on progress and capacity and suggest further changes to the act?

Hon. K. Conroy: That, actually, doesn’t require an amendment. If the select standing committee asks for a report, the ministry would be obligated to provide a report to the select standing committee.

Sections 49 and 50 approved.

Title approved.

The Chair: That is the bill.

Hon. K. Conroy: I move that the committee rise and report the bill complete without amendment.

Motion approved.

The Chair: Thank you, Members. This committee is adjourned until we are empowered to take on more legislation.

The committee rose at 3:46 p.m.

Committee of the Whole House

BILL 28 — PUBLIC INTEREST
DISCLOSURE ACT

The House in Committee of the Whole (section C) on Bill 28; S. Chandra Herbert in the chair.

The committee met at 4:04 p.m.

The Chair: We’d like to resume here in the littlest House, Birch Room, for Bill 28.

On section 1.

Hon. D. Eby: I’m joined here by Angela Weltz. She’s the director of policy and research with the B.C. Public Service Agency. Jasmine Dadachanji is senior policy analyst with the ministry. And Tyler Nyvall is legal counsel at the ministry as well.

M. Lee: As we go through this bill, I’d like to ask the Attorney General through you, Mr. Chair, if you could provide us with a reference point in terms of the nature of this bill that’s being proposed. I understand that one of the models that has been looked at in the composition of this bill was the similar legislation in Manitoba.

I’d like if the Attorney General could please just provide us with an outline as to how, in that jurisdiction, a very similar act has affected public interest disclosure in that province.

[4:05 p.m.]

Hon. D. Eby: The member correctly recognizes that the legislation used as its starting point Manitoba’s legislation. Although, staff also looked at Ontario, Alberta, Australia, the U.K. and the federal Canadian legislation.

Just in terms of comparison with Manitoba. There are a number of similarities. In terms of prohibiting reprisal and in terms of non–public servants being prohibited from reprisal, the Manitoba legislation prohibits both of those. There is a very consistent definition of reprisal. So there’s a lot of similarity.

Whether it’s Manitoba or any other jurisdiction in Canada, when staff looked at the reports of the allegations made under whistle-blowing legislation, consistently across Canada, they saw reports in jurisdictions in the single digits, or the low double-digits.

This is not something that we expect to be used in a very large-volume way. But when these reports are made, they are critically important. So we want to provide that avenue available to people while understanding at the same time that there are lots of mechanisms internally within the public service outside of whistle-blowing that allow staff members to address matters.

Sections 1 and 2 approved.

On section 3.

M. Lee: I just wanted to ask, in terms of section 3, in terms of paramountcy or having this act prevail over others, does this include regulations to the acts that are enumerated in subsection 3(2)?

Hon. D. Eby: Subsection 3(1) deals with if there’s another act that prohibits an employee from disclosing information, then this act prevails over that.

Subsection (2) actually preserves existing whistle-blower protection that’s in other acts. We didn’t want to take away from any protections that people might have under other acts. We also wanted to ensure that the protection of this act prevailed over something that might otherwise purport to restrict a public servant from bringing information forward.

[4:10 p.m.]

M. Lee: Thank you for that clarification. In terms of the statutes that are referred to in sub (2), would that include reference to the regulations pursuant to those statutes?

Hon. D. Eby: To illustrate by way of an example, the Child, Family and Community Service Act contains prohibitions around disclosing information. Section 3(1), essentially, for the purposes of this act, for the whistle-blower, invalidates those provisions and allows the whistle-blower to bring the information forward.

If we wanted to, we as government could say: “Well, maybe there’s a certain circumstance where, still, we don’t want someone to bring forward information.” You could provide under 3(1)(b), where it allows regulation to be made…. You could carve out and say: “For this particular section of the Child, Family and Community Service Act, that prohibition still applies.” That safeguard in 3(1)(b) allows for if there is some unintended consequence of allowing somebody of invalidating these prohibitions against disclosure for an act. It allows government to put it back in by regulation, if necessary.

We don’t currently have any plans about any regulations for that…. Oh, pardon me. I’m just going to clarify that. Staff have told me that I’ve spoken too soon. There will be a scan of legislation that currently exists, and there may be acts included in this list.

Section 3 approved.

On section 4.

M. Lee: In terms of section 4(b), I wonder if the Attorney General would please describe the kind of information that would be expected to be provided by the chief executive as to how to make a disclosure under this act.

Hon. D. Eby: Each chief executive in a particular organization or agency of government is in the best position to know the way to communicate with employees. For example, employees might all work on one particular site, in which case posting it on a bulletin board might be appropriate. There might be a large number of employees that work remotely, in which case there’s an on-line information system used to distribute information to employees.

We didn’t want to be too prescriptive about how the information got out, but we wanted to be very clear that every chief executive must ensure the information is made available to the employees. How they make that information about how to make a disclosure under the act will vary, given the wide variety of agencies and departments in government, but what will not vary is that the information must be disclosed.

It’s also important, I think, for the member to know that the Public Service Agency will be making standard material available to employees about how to disclose under this act. Deputy ministers will likely take steps like ensuring that the material that’s made available through PSA is distributed to all current employees, that the information about disclosure is part of the onboarding package for new hires and that information is also available on line via ministry intranet sites.

Sections 4 to 6 inclusive approved.

On section 7.

[4:15 p.m.]

M. Lee: I just wanted to ask, in terms of the standard that’s set out in 7(1)(a)…. This includes the word “serious,” in terms of that being “a serious act or omission.” I understand that some of the other jurisdictions may not have the same standard of seriousness. Could the Attorney General just explain the rationale for including this standard?

Hon. D. Eby: This act provides the ability for a potential whistle-blower to disclose some very sensitive information to the Ombudsperson’s office.

There are a number of internal mechanisms available to public servants in terms of bringing concerns forward within offices. So we wanted to ensure that people understood that this particular section of protections and the seriousness of disclosing confidential documents should be for serious acts or omissions.

The definition of “serious” includes criminal offences as well as statutory offences. The inclusion of the word “serious” is intended to limit what offences might be captured by this definition. So we’re not talking about a parking violation here and using this whistle-blower legislation as a way to get back at someone you don’t like in the office. This is for serious acts or omissions that constitute an offence — and trying to import some of the seriousness with which we treat this in terms of allowing and encouraging people to come forward with information about serious offences, which doesn’t have any defined term in the legislation. It has its regular and ordinary meaning of being a serious act or omission and not a trivial act.

M. Lee: I’d like to also ask a similar question with respect to the standards set out in 7(1)(d) in terms of “gross or systemic mismanagement.” The terms “gross or systemic” — if the Attorney General, again, could explain the rationale for that threshold.

Hon. D. Eby: This is in keeping with the “serious” term that was used to describe an act or omission. It’s meant to be that the mismanagement be significant or a part of a pattern of mismanagement and avoid reporting of a single relatively minor example of mismanagement. So the B.C. Rail incident would be an example of gross mismanagement. Somebody in a single, relatively minor negative incident involving a manager — there are processes within the public service to address those kinds of things. This is more about a pattern of misconduct or something quite serious that would be necessary to involve the Ombudsperson outside of government.

M. Lee: Just in terms of section 7(2), is this provision intended to have some other meaning than what is currently the case?

Hon. D. Eby: The sole purpose of that section 7(2) is to ensure that the Ombudsperson is clear, that the Ombudsperson has the ability, if they believe that an offence has been committed, to report that offence to a law enforcement agency. There just to avoid any uncertainty about whether or not the Ombudsperson had that power or should exercise that power, if they believe an offence has been committed.

Section 7 approved.

[The bells were rung.]

The Chair: All right. This committee stands adjourned.

The committee recessed from 4:19 p.m. to 4:29 p.m.

[S. Chandra Herbert in the chair.]

The Chair: Thank you, Members. We are now going to resume after that exercise break.

Sections 8 and 9 approved.

On section 10.

[4:30 p.m.]

M. Lee: Just on subsection 10(3), if there is no designation made, the chief executive can serve as the designated officer. I’d just like to ask, under the design of this act, is it appropriate and necessary to have a separation between a chief executive role from the designated officer? In what circumstances is it appropriate to have the chief executive serve as the designated officer?

Hon. D. Eby: This section, subsection (3), recognizes that for the vast majority of chief executives, they’re not going to want to be the designated officer providing information to people about the process, potentially receiving complaints. It’s a very operational role. The chief executive of government agencies and departments, typically, are at more policy level, as opposed to operational role.

What section 10(3) does is say: “Look. If you don’t follow your statutory obligation under subsection (1) and appoint someone to be the necessary designated officer, then that’s going to be you.”

It does two things. It motivates them to actually appoint somebody. The second thing it does is if they don’t appoint someone, it doesn’t leave a gap. It doesn’t leave the situation where the act talks about a designated officer, but there’s no designated officer in a particular department or agency.

Other statutes and requirements ensure that there will be a chief executive or an acting chief executive, so therefore there will always be a designated officer.

We want there to be an internal process that someone can follow, but they can also, of course, go to the Ombudsperson as well.

Sections 10 and 11 approved.

On section 12.

M. Lee: Under section 12(1), it says that “the discloser, in good faith, may make a disclosure.” Are there circumstances, then, where a discloser may choose not to make the disclosure, in which case, are there any ramifications to that individual?

Hon. D. Eby: The act does some things, and it doesn’t do other things. What it doesn’t do is, it doesn’t create a positive obligation to disclose on anybody, and if the person has a right to disclose the information to someone else, it doesn’t prevent them from following that route either.

What the act does do is provide a route that a person can follow with information in order to ensure that they will be free from reprisal if they follow the steps that are set out in the act. They will be protected from reprisal, and they’ll have other protections in place.

That’s how the act operates. It doesn’t create an obligation on someone to report, and it doesn’t remove an ability that they would have under some other statute or under some other right or authority to provide the information to somebody else instead.

M. Lee: In the instance where the discloser chooses to make this disclosure under 12(1)(c) to the Ombudsperson, what happens next? Is there any requirement for the Ombudsperson to indicate that information, like there is in 12(2), in the case of a supervisor?

Hon. D. Eby: The distinction between (a) and (b) and (c) is that the supervisor has no investigative authority.

[4:35 p.m.]

If somebody provides the information to their supervisor, the supervisor must give that disclosure to someone that has an investigatory power. In particular, in this act, it says that they “must provide the disclosure to the designated officer of the relevant ministry, government body or office.”

We didn’t want to say that someone might not have access to the protections of the act if they provided the disclosure to their immediate supervisor. This allows them to provide the disclosure to their immediate supervisor and puts obligations on the supervisor to get it over to the investigator right away. In the case of (b) or (c), the designated officer or the Ombudsperson, both of these individuals, has investigative ability under the act, so they can follow up and investigate the disclosure that they’ve been provided.

Sections 12 and 13 approved.

On section 14.

M. Lee: I understand, in terms of various best practices from other OECD nations, that, actually, in many of these countries, it’s recommended not to have anonymous reporting unless that particular country or jurisdiction is particularly hostile to whistle-blowers. There’s been research that the legislation, which requires disclosure of identity, is actually more effective in ensuring civil servants’ safety and protection under anti-reprisal provisions.

Additionally, anonymous disclosures may render reporting systems less effective, as a large volume of cases can render investigations difficult due to insufficient information and limited options for follow-up. I understand, as well, that Alberta and Manitoba do not allow for anonymous disclosures, so I’d ask the Attorney General if he could please explain the rationale for the decision to allow for disclosures to remain anonymous under this bill.

Hon. D. Eby: Australia does allow anonymous disclosure under section 28. It’s similar to Alberta’s provision, section 21, of their relevant act. There is a difference. Alberta also allows for disclosure by non-employees, and this act does not allow that.

The motivation for allowing this is to ensure that relevant information is coming forward. They may be an individual who, despite the protections in the act, still does not feel confident that they would be protected from reprisal, or there may be some other reason. We decided to weight things in favour of disclosure, to allow people to bring this forward.

I absolutely acknowledge the member is right. Alberta recently did a report that said that it is more difficult to investigate anonymous disclosure. I would encourage any public servant who’s thinking about disclosing under this act to not use the anonymous provisions because it makes it harder to follow up and ask additional questions.

In addition, this act also requires the Ombudsperson to confirm that the disclosure has been made by a person that’s entitled to disclose under the act. In other words, the disclosure comes from a government employee. So someone who discloses anonymously may find that the disclosure doesn’t result in an investigation because the Ombudsperson is unable to confirm that they’re a government employee.

I would definitely encourage people to disclose, using their name, to confirm that they are eligible to disclose under the act. The protections under the act are intended to protect them, and will protect them. But for those situations where people are not convinced, we decided it was better to permit the information to come forward through anonymous disclosure than not receive it at all.

Section 14 approved.

On section 15.

M. Lee: Just on section 15, there is information that is required under this provision. What will happen in terms of a disclosure if it’s not responsive to all of these items?

[4:40 p.m.]

Hon. D. Eby: The goal is that the person provides as much information as they can. The member will note that section 15 says “if known.” So if the person knows the information, we’re hopeful that they will provide as much information as they know — and specifically, this information set out in (a) through (f), because this is a sufficient level of detail for us and, in particular, for the Ombudsperson or the designated officer to know where the investigation should go and what should be looked at in terms of an investigation.

It provides a bit of a framework for disclosure. But there’s no bar. If you don’t know whether the wrongdoing has already been disclosed under this act or another enactment, for example, which is subsection (e), that’s not a bar to you coming forward and bringing forward the information. You just say: “I don’t know.” It’s only if you know the information that we ask that that be part of the disclosure.

Section 15 approved.

On section 16.

M. Lee: I just wanted to ask the Attorney General, in terms of a protection officer, on what grounds in subsection 16(4) would a protection officer direct that the employee should not make a public disclosure?

Hon. D. Eby: There are possibly scenarios where a protection official, on receiving information from a whistle-blower, may be concerned that public disclosure of the information could cause public panic or it could cause the problem to become worse, rather than assist them in resolving the issue or moving towards containing it.

For example, if there was an outbreak of measles in a specific area or community and a discloser contacted the provincial health officer to say that there was an outbreak and that they plan to publicly warn people, the provincial health officer could say to the person: “Please don’t publicly disclose it, because we have practices in place, we’re actually already addressing the issue in a manner consistent with best practices around public health and disclosure may have unintended negative consequences.”

There are scenarios where someone could bring forward information and the public official perhaps is already dealing with it or believes that public disclosure could actually make the situation worse rather than better. We wanted to make sure that they had the ability to do that.

M. Lee: In subsection 16(2), in the fourth line, it states that the employee “may make a disclosure to the public.”

How will that be formulated — in terms of that sort of information — to the public? Is it expected that the employee will contact the press and do that? What do we mean by those words?

Hon. D. Eby: This section, 16, sets out how a public servant or, ultimately, an employee of larger government could potentially provide information to — as the member said, for example — the press, or provide the information in some other way to the public.

They need to follow these steps. In particular, they need to meet the requirements of subsection (2), which is, first of all, that the matter must constitute “an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment,” or to the employee himself or herself.

They must do the following things. They must consult a relevant protection official, which is a defined term — a provincial health officer, an environmental agency or the police. They need to receive direction from the protection officials — subsection (b). If that happens, then they can make the disclosure to the public in accordance with the direction received under subsection (b).

[4:45 p.m.]

The direction…. What would that be? What would that look like? We talk about that in subsection (4). It could be that the protection official directs the person not to disclose it because it would cause a public panic or it would make the situation worse. In that case, it’s a restriction. But they may receive direction from the protection official about the best way to disclose it or that kind of thing.

Once the disclosure is made publicly, the discloser must advise their supervisor or the designated officer in their agency about the disclosure to the public. They also need to make the disclosure in accordance with sections 12 and 15 of the act. Sections 12 and 15 we’ve canvassed already. We’ve passed them already. Section 15 is in relation to the information in the disclosure, and section 12 is in relation to ensuring that the disclosure is made to the Ombudsperson or the designated officer.

Sections 16 to 18 inclusive approved.

On section 19.

M. Lee: I want to ask…. In terms of section 19, there’s a particular back-and-forth between the designated officer and involvement, with possible assistance from the Ombudsperson…. Could the Attorney General please describe the working relationship between the Ombudsperson and the designated officer?

Hon. D. Eby: The designated officer investigation and the Ombudsperson investigation are parallel tracks. They wouldn’t both necessarily be happening at the same time, unless maybe they were happening unknown to the other person. A person would either report to their designated officer or they’d report to the Ombudsperson.

One of the ways in which there might be a relationship between the two is if a designated officer realized that they need greater investigation powers. The Ombudsperson has greater investigation powers. Under subsection 19(4), the designated officer can actually refer a matter to the Ombudsperson, where it needs…. Perhaps they need to get it out of the agency or department for some reason and get an outside look at it, or they need additional investigation powers. They can refer that over.

Similarly, although likely it will be less common, the Ombudsperson can potentially, if they receive information, refer it to a designated officer. One could imagine a scenario where it’s a serious matter, but it involves an employee on the very front lines. There’s a significant number of levels of management in between, and the Ombudsperson feels that it’s better handled within the particular ministry or agency and less appropriate for the Ombudsperson to manage it. They can also refer matters back to the agency. But given their independence, we suspect that it would be far more common that a designated officer would refer matters to the Ombudsperson, rather than the other way around.

Sections 19 to 21 inclusive approved.

On section 22.

M. Lee: Just in terms of subsection 22(2)(a), where “the disclosure does not provide adequate particulars about the wrongdoing.” Is there an opportunity for an employee to resubmit the disclosure — for example, with help from the Ombudsperson or another appropriate official — to meet the requirements under this provision?

Hon. D. Eby: There’s not a limit on the number of times an individual can bring information forward to the Ombudsperson about a specific incident. If they bring forward the initial disclosure and they don’t provide adequate particulars, it is possible that they could go back and bring additional particulars and confirm with the Ombudsperson what’s missing.

[4:50 p.m.]

There are safeguards, though, to prevent multiple complaints about the same matter. First of all, subsection 22(2)(b)(i) says if “the disclosure is frivolous or vexatious, (ii) has not been made in good faith,” then the Ombudsperson may continue to refuse to investigate.

In addition, section 15 requires the individual, under subsection (e), to advise the Ombudsperson if they’ve already disclosed it under this act or another enactment. So this would be where the person would be saying: “Yes, I’ve already told you about this, and I’m coming back again.” So they’re not able to, sort of, fool the Ombudsperson into thinking that this might be a new matter.

M. Lee: I’d just also like to ask about subsection 22(2)(d), where “the disclosure relates solely to a public policy decision.” If you could please explain the scope of the intention of those words in terms of limiting a possible investigation.

Hon. D. Eby: This is similar to Manitoba’s provision, and other jurisdictions have similar provisions. Manitoba says: “the disclosure relates to a matter that results from a balanced and informed decision-making process on a public policy or an operational issue.” Ours is a little bit more limited in that it’s restricted only to public policy.

The idea is that this act is around reporting serious wrongdoing, offences under various acts. Making a public policy decision that someone doesn’t agree with does not rise to that level. It’s explicit here that if this is a public policy decision that maybe someone doesn’t agree with — they don’t think it’s the best public policy decision — then that’s fine, but this act is for serious wrongdoing.

Sections 22 and 23 approved.

On section 24.

M. Lee: Under section 24, there’s a potential that the Ombudsperson could refer an investigation to a different office. Could the Attorney General provide an example of a situation where that might occur?

Hon. D. Eby: An example of a matter that might be referred by the Ombudsperson would be one that involves serious wrongdoing in connection with finances, perhaps including a more complicated financial matter. The Ombudsperson might determine that the Auditor General would be better placed to conduct the investigation. The Ombudsperson could then refer the matter to the Auditor General, and the Auditor General could use her statutory powers to do the investigation.

Sections 24 to 26 inclusive approved.

On section 27.

M. Lee: I’d just like to ask…. Under subsection 27(5)…. In that instance, when the reporting is done on an investigation by an Ombudsperson, only a summary would be provided to the discloser. Could I ask the Attorney General why that is the case?

[4:55 p.m.]

Hon. D. Eby: There are a couple of goals that are being balanced here. One is the desire to close the circle with the discloser, that they know that the matter has been concluded and that they know that the Ombudsperson has looked into it and taken it seriously. That is why they are provided a summary.

The question that flows from that is: “Well, why aren’t they provided the full report of the investigation?” We are confident that the Ombudsperson will provide that individual with as much information as the Ombudsperson can to ensure that that person knows the matter was investigated and taken seriously and that they know of any outcome that’s appropriate.

There are lots of scenarios where someone brings forward a small piece of information where they believe that there’s wrongdoing. The investigation talks to multiple other people, either inside or outside of government. It could include personal information, it could include confidential cabinet information, and under this act, it could include all kinds of sensitive information. The summary allows the Ombudsperson to exercise some discretion in what’s provided back to the original person who brought forward the information.

The full report, though, necessarily needs to go someone. Somebody needs to receive the report from the Ombudsperson. The report has certain elements that it must include: any findings of wrongdoing, any reasons to support those findings and any particular recommendations. A copy of the report must be provided to the chief executive of the relevant ministry, government body or office.

If the matter being investigated involves the chief executive of a particular ministry, government body or office, then a copy of the report must go, in the case of a ministry, to the minister responsible, and in the case of a government body, to the chair of the board of directors, executive officer or person occupying a comparable position. In the case of an office, the report actually goes to the Speaker of the Legislative Assembly.

The Ombudsperson prepares the full report. It goes to a relevant official, appropriate to the particularly agency, and a summary, as complete as the Ombudsperson believes is reasonable in the circumstances, goes to the discloser to ensure that they know that their report has been taken seriously and investigated.

Sections 27 to 29 inclusive approved.

On section 30.

M. Lee: I’d just like to ask, in terms of the reference in section 30(1) to “special report,” if the Attorney General could just define what a special report is and how that is different from what’s referred to as a report in sections 27 or 29?

Hon. D. Eby: Section 31 of the Ombudsperson Act talks about annual and special reports. Subsection (3) of that provision talks about where, when “the Ombudsperson considers it to be in the public interest or in the interest of a person or authority,” they can “make a special report to the Legislative Assembly or comment publicly about a matter relating generally to the exercise of the Ombudsperson’s duties” under the act or a particular case.

[5:00 p.m.]

Generally speaking, this power is used by the Ombudsperson to comment on operational matters related to the act and to the Ombudsperson’s responsibilities and government’s responsibilities. An example of that might be….

We talked about section 4, where government is required to provide information to employees about this whistle-blowing protection and how to take advantage of it. If government is not providing that information to employees and the Ombudsperson is raising it with government and they’re not fixing it, the Ombudsperson could issue a special report that says: “There’s this issue. They’re not telling people about this power that they have to bring information forward to me about wrongdoing. I’m very concerned about it. I’ve told them a bunch of times, and they’re not doing it.”

When the Ombudsperson makes one of these special reports — about how the act’s working, the Ombudsperson’s responsibilities or another special report — it provides government with an opportunity to provide a reply to the report, as long as they provide a report at least 15 days before the proposed date that the special report will be made. That gives the government a chance to have their response included with the Ombudsperson’s special report about the issue.

Section 30 approved.

On section 31.

M. Lee: I’d just like to ask…. In terms of the Alberta equivalent legislation, the scope of employees protected from actions or reprisals includes employees who decline to participate in wrongdoing. Does this bill include protection from reprisal for employees who might not report or intend to report but who may have declined to participate in the wrongdoing itself?

Hon. D. Eby: This doesn’t provide any obligation to report this act.

Section 31 approved.

On section 32.

M. Lee: In terms of the scope of section 32, it provides for a provision for protections for persons contracting with government from anti-reprisal. However, in terms of the definition of “employee,” that does not include persons contracting with government. Is this provision only dealing with contractual individuals, as opposed to employees? Or is there some other coverage for contractors in this bill?

[J. Rice in the chair.]

Hon. D. Eby: Section 32 is intended to provide contractors with protection if they assist with an investigation. It’s not unusual for government to use contractors in various roles in ministry or in government bodies. They may have information that’s highly relevant to an investigation, but they might be highly reluctant to participate in the investigation, given that they may not have any legal obligation to do so. And they may be concerned that if they do participate in the investigation, they’ll lose the contract or maybe they won’t get paid or maybe they won’t get the next contract.

This section ensures that contractors are protected and that the Ombudsperson or the designated officer can say: “You have protections under the act. We’d like you to assist us in this investigation.” Then they’ll know that the act provides them with protections that restrict the ability of government to terminate the contractor agreement, withhold payment or refuse to enter into a subsequent contract.

Sections 32 to 34 inclusive approved.

On section 35.

M. Lee: I’d just like to ask, in terms of section 35, the subject to subsection 35(2)…. Can the minister provide some context for the parameters that an Ombudsperson would utilize to find a complaint of reprisal to be frivolous or vexatious?

[5:05 p.m.]

Hon. D. Eby: We talked earlier about a situation where someone was provided partial information and then came back with more information later. It may be that someone files the same complaint over and over. And although the complaint, on its face, indicates that a reprisal occurred, they’re filing the same complaint over and over. So that would be an example of a vexatious complaint, especially if the matter has already been investigated or determined that it was not an appropriate complaint in the first place. So that’s an example.

The way the provision works is that if a complainant shows up to the Ombudsperson and says, “I’ve been the victim of a reprisal,” the Ombudsperson will look at it and say, “Are there sufficient facts here that are being alleged?” — that these things actually happened, but they’re not conclusive, or that they suggest that the person was a victim of a reprisal.

For example, the person was unsuccessful in a job competition. That might be an example. On its face, it looks like maybe they were the victim of a reprisal; however, that’s not conclusive. That’s just enough to start the investigation.

Once the investigation starts, then the burden is actually on a balance of probabilities. The person must need to provide evidence that, for example, the supervisor conducting the competition had reason to believe that the person was somehow involved in bringing forward the complaint, and wanted to discipline them or subject them to a reprisal, for example. They’d still have to demonstrate on the balance of probability.

The lower threshold makes it easier for the person to bring the complaint forward and initiate the investigation. They may not have all the information, but there’s still a balance of probabilities, at the end of the day, about the retaliation.

M. Lee: I’d just like to ask, in terms of this section, 35: what is the employer’s or supervisor’s role once an investigation is commenced with respect to a wrongful reprisal?

Hon. D. Eby: The only role for the employer at this stage…. Reprisals are the sole responsibility of the Ombudsperson — the investigation of those — and determination of complaints and acceptance of complaints. In the other situations, where someone’s bringing forward information as a whistle-blower, that could be the designated officer or the Ombudsperson or even the person’s direct supervisor. But around investigation of complaints of reprisal, it’s just the Ombudsperson that’s involved.

That means that the employer’s role is, potentially, to be a witness, to provide information to the Ombudsperson about a hiring process or about something else that caused the person to believe that they had been the victim of reprisal for being a whistle-blower, and that’s about it.

Sections 35 to 49 inclusive approved.

On section 50.

[5:10 p.m.]

M. Lee: I’d just like to ask, just to break the momentum there. On this particular provision, what is the responsibility of the Legislative Assembly to follow up on the recommended amendments after the five-year review? How will that process work, in this case?

Hon. D. Eby: I just have one point of explanation on this, following up on the member’s question. Section 50 provides a review of the act by a special committee of the Legislative Assembly at least every five years. It requires that the special committee prepare a report within one year of appointment, which includes any recommended amendments.

This is a common process used. The Freedom of Information and Protection of Privacy Act has a provision like this, where a committee comes together, hears from interested individuals and parties about how the act is working — we hear, certainly, from the Ombudsperson — and makes recommendations based on that.

Given the fact that this is an evolving area of law, an area where a lot of different jurisdictions are doing things to encourage and provide opportunity for whistle-blowers to come forward — the federal government has a similar process — it gives the chance to do a look across jurisdictions that have similar legislation, identify any best practices in other areas that we should be emulating, identify areas of the act that aren’t working and provide recommendations from the Legislative Assembly to government around potential amendments.

Sections 50 to 53 inclusive approved.

Title approved.

Hon. D. Eby: I move the committee rise and report the bill complete without amendment.

Motion approved.

The Chair: This committee stands adjourned.

The committee rose at 5:13 p.m.

Committee of the Whole House

BILL 29 — VOLUNTARY BLOOD
DONATIONS ACT

The House in Committee of the Whole (Section C) on Bill 29; J. Rice in the chair.

The committee met at 5:31 p.m.

On section 1.

S. Furstenau: Just a quick question to the minister about the definition of “blood.” Considering the significant differences between, say, blood and plasma and plasma products, I’m just wondering if he considers that there could be any challenges or confusion, with that definition being so broad and not identifying the specifics in there and the significant differences.

Hon. A. Dix: Thanks to the member for her question. The intent here is for the definition to be comprehensive. It’s our understanding, from our legal advice, that it is, and the intention is to ensure that payment is prohibited not only for blood but for its components, including plasma. In other words, the intention here is to have a comprehensive definition. Our legal advice is that it is comprehensive.

Section 1 approved.

On section 2.

N. Letnick: On section 2, can the minister define if the giving of gifts or food is considered an inducement?

Hon. A. Dix: As the member knows, we had a discussion of this at second reading. It’s been some years since I gave blood, since I was diagnosed with type 1 diabetes, but the giving of food and supports while giving blood is part of the process of ensuring that people give blood safely and are adequately supported at the place, so it wouldn’t be considered, in those circumstances, an inducement.

N. Letnick: One of the disadvantages of working in this room is the air conditioning, which means I can’t hear what the minister is saying. Could the minister repeat the answer so I could hear it, please.

Hon. A. Dix: I’m happy to. As the member will know, having no doubt given blood, as I have in the past, frequently food, juice and other things are offered in support of people giving blood. I expect that that would continue, and I don’t think that would be perceived by anyone as an inducement.

N. Letnick: Thank you to the staff for turning off the air conditioning. Much appreciated. We won’t have to shout anymore, which is great.

I understand the giving of food and drink after a donation is common practice, having given blood several times. Therefore, I also understand from the minister that it’s not an inducement.

[5:35 p.m.]

I’ve been advised that Canadian Blood Services is or is thinking about offering a raffle draw to induce, I guess the word would be, or entice people to come and donate blood. Could the minister comment on whether or not he has heard of the CBS offering a raffle draw for blood donations?

Hon. A. Dix: I had not heard anything about a raffle draw, but Canadian Blood Services is, of course, exempted from this provision of the act. They are the primary there, on behalf of the province, as the source for blood in Canada. As a result, they are exempted from the act, as is the government of British Columbia.

As you know, much of the blood from Canadian Blood Services does come from other jurisdictions. The payment for that or the cost of providing the services is a payment by the province. Equally, Canadian Blood Services itself is exempted.

The notion here is to ban private, pay-for-plasma services. Canadian Blood Services has always, as I understand it, and will continue to encourage people to give blood, consistent with their mandate as the national agency responsible for that.

N. Letnick: Thank you to the minister.

If Canadian Blood Services is to be exempt, and the exemptions come under the next section…. If Canadian Blood Services is to be exempt from the provisions of the inducement section, which is the one we’re talking about here, sections 2.1 and 2.2….

It was, I think, well canvassed in second reading that approximately 70 or 80 percent of our plasma products come from paid plasma in other jurisdictions outside of British Columbia, mostly from the United States. In essence, is the purpose of this bill to provide Canadian Blood Services with a monopoly over collection of plasma in British Columbia and not necessarily attacking the ethical concerns about paying people for plasma?

Hon. A. Dix: The purpose is, of course, to ensure that Canadian Blood Services maintains its control over the blood system in Canada, which has advantages.

As you know, we are self-sufficient for transfusions of plasma. There are plasma products for which we are not self-sufficient. We purchase all of our products from Canadian Blood Services today, and one of the intentions of the legislation is to ensure that that system that has been established since the Krever commission is maintained and that there’s not a private market based on pay or anything else for blood services in Canada.

[5:40 p.m.]

That’s the purpose of the legislation, and that’s what the legislation, in fact, does. That applies across the board, except that there’s obviously an exemption from the government, which effectively purchases blood from Canadian Blood Services, or there’s a transfer of blood in exchange for us supporting them on the one hand, and exempts Canadian Blood Services because they’re the national provider for blood services in Canada.

N. Letnick: Thank you to the minister.

Would the minister agree with the conclusion by Health Canada, therefore, that the products coming from people who have been compensated for their donations is just as safe as the people who have voluntarily donated?

Hon. A. Dix: Well, what’s happened, of course, in the present context, Canadian Blood Services, at least in British Columbia, has that monopoly, and through most of Canada.

The changes required to ensure that the blood is safe in Canada are regulatory changes that aren’t strictly connected to the market. So the short answer is yes, in the sense that it’s our obligation and Canadian Blood Services’ obligation to ensure that the blood supply is safe, regardless of what blood would be used in the system.

The issues we’re dealing with are different and protect the blood system as well and, I think, in the long run, ensure its safety. Regardless, if we had a different blood system, it would also be our obligation to keep it safe.

It’s not the fundamental question here, that of safety. I would say the blood system in Canada is safe. That’s the purpose of it. Legislation like this, in the long run, protects its safety. But the member is right, specifically. The answer to the question is yes.

N. Letnick: Thanks to the minister.

I understand that Health Canada has engaged a team of experts to look at the whole compensation-for-plasma question and that they are supposed to report back by the end of May. Can the minister confirm if that’s correct?

Hon. A. Dix: The best information we have is that the report will be available by the end of May.

N. Letnick: If I may ask the minister: why doesn’t the government wait until the report comes in? Why didn’t the government wait before the report comes in to introduce this legislation?

Hon. A. Dix: The good news is that government has seen copies of the report. We understand what’s in it. The legislation is consistent with that. And like other major jurisdictions, such as Ontario and Alberta, we’re proceeding in this direction because we think it’s important and good public policy and consistent with other jurisdictions in Canada.

The report will come out soon. It doesn’t just deal with the issues that are the subject of this legislation. It deals with many other issues. But obviously, we did our own consultation with the federal government on that. We look forward to the report being released.

N. Letnick: Thank you to the minister. I was not aware that the proposal by the government with Bill 29 was consistent with Health Canada’s report because I, obviously, have not seen Health Canada’s report. Thank you for informing the viewers of that and myself.

Does the legislation have the ability to restrict the importation of plasma or blood that was collected from an individual that was compensated?

Hon. A. Dix: Well, if the member is referring to plasma products that are imported into Canada, the answer is no.

[5:45 p.m.]

N. Letnick: A corollary to that would be, then: what is the contingency plan, identified in the legislation, should the supply of products be stopped coming into British Columbia?

For example, as the market for these products continues to grow around the world, as more and more middle-class people are found in China and India and others, there may be an interruption of supply. We’ve seen wars in the last 100 years that might interrupt supply. If there is an interruption of supply, is there anything accounted for in this section — or any other section, for that matter — that would override this section and allow for compensation by others besides the government and Canadian Blood Services?

Hon. A. Dix: It wouldn’t be our expectation that that would happen, of course. The exemptions for Canadian Blood Services and the government are there.

If the member looks at section 3 — with respect to the Chair, we’ll just extend our discussion of section 2 to include those provisions in section 3 — you’ll note that “a prescribed person, or a person within a prescribed class of persons,” could potentially be exempted by cabinet under extraordinary circumstances.

The drafters of the legislation were thinking, I think, of the kind of issue the member was talking about. Clearly, if that was a developing situation, there would be many responses by government and Canadian Blood Services short of that, but that provision also exists in the legislation should it be required by a future cabinet.

S. Furstenau: If I could just expand a little bit with the minister on the overarching issues that the other member has been raising about the need to build a bit more of a resilient system for blood and plasma here in B.C. and Canada and how he sees this legislation helping us move towards that resiliency.

Hon. A. Dix: Canadian Blood Services has developed a plan to dramatically increase self-sufficiency in plasma. The intention is to increase the level of self-sufficiency for immune globulin by three times by 2024. So they have a plan. That plan is currently under review by the provinces and territories. The reason it’s under review is the report chaired by Dr. Ballem, which I referred to in my answers to the questions of the member for Kelowna–Lake Country, the Expert Panel on Immune Globulin Product Supply and Related Impacts in Canada.

In advance, before approving the plan preferred by Canadian Blood Services, provincial governments are waiting to see that report fully published. Then the intention is to proceed with the plan. It’ll be something, for example, that I believe ministers will be discussing at the upcoming Health Ministers’ Conference. Ministers of Health effectively are the board of directors.

[5:50 p.m.]

Section 2 approved.

On section 3.

Hon. A. Dix: I move the amendment to section 3 that is in the possession of the Clerk and that I believe was shared with members of the opposition and of which I have extra copies.

[SECTION 3, by deleting the text shown as struck out and adding the underlined text as shown:

Exemptions from prohibition

3 (1) The government is exempt from the prohibition set out in section 2 (1) [inducements prohibited].

(2) Subject to any prescribed limits and conditions, the following persons are exempt from the prohibition set out in section 2 (1):

(a) Canadian Blood Services, being

(i) the corporation incorporated under the laws of Canada as Canadian Blood Services, and

(ii) the agents and successors of the corporation referred to in subparagraph (i);

(b) a person who

(i) collects blood that will be used solely for the purposes of research and that will not be used subsequently to manufacture pharmaceuticals derived from blood, and

(ii) is in compliance with the federal blood regulations, if applicable;

(b) a person who collects blood that will be used solely for the purposes of research and that will not be used subsequently to manufacture pharmaceuticals derived from blood;

(c) a prescribed person, or a person within a prescribed class of persons.]

On the amendment.

Hon. A. Dix: Let me just briefly explain the amendment. Obviously, a variety of stakeholders were consulted on the bill, including Canadian Blood Services. No concerns were raised about this matter before the bill was introduced. However, after the bill was introduced, Canadian Blood Services advised ministry staff that the federal blood regulations do not apply to blood collected for research. Therefore, as currently drafted, section 3(2)(b) may cause confusion to someone attempting to either comply with or enforce the law.

Furthermore, the bill focuses on prohibiting payment for blood or plasma, and British Columbia does not have an interest in requiring researchers to be compliant with the federal regulations. I’m proposing to amend section 3(2)(b). The amendment will remove the requirement that a researcher must be in compliance with federal blood regulations in order to be exempt from the prohibitions in section 2 of the act. That’s the purpose of this amendment, which is essentially housekeeping. But out of an abundance of caution and in order not to cause confusion with a new piece of legislation, we’re proposing the amendment at this time.

N. Letnick: Thank you to the minister. The minister did advise me of this proposed amendment — or staff, actually — some time ago, a few hours ago. I am reading it here for the first time on paper, but it seems consistent with what was proposed. I understand that the minister would probably have put it on the order paper if we were actually doing this tomorrow.

Since we’re not, and it’s today, for those of you who are watching, it now is presented as a floor amendment. I have no problem with the contents. Nor do I have a problem with the fact that it’s not on the order paper and was introduced today, in part because I have a similar opportunity, maybe later, to do exactly the same thing. But the content is fine for us.

Amendment approved.

On section 3 as amended.

N. Letnick: I just want to clarify the relationship between the Canadian Blood Services and the governments of the country. The minister has spoken frequently about the relationship. It seems like the governments of the provinces manage or control or influence — for sure, fund — the Canadian Blood Services. Could the minister describe what that relationship is between CBS and the government of British Columbia?

Hon. A. Dix: Canadian Blood Services is a corporation established under federal legislation. It’s mandated to function as an independent, not-for-profit corporation operating at arm’s length from government. However, governments collectively appoint the board of directors.

It’s responsible for managing Canada’s blood system, including the supply and distribution of blood and blood products, including plasma, to all provinces and territories except Quebec, which in Canada, as is occasionally the case, has its own system, administered by Héma-Québec.

The role of CBS as sole provider of blood services was established in a memorandum of understanding signed by provincial, territorial and federal Health ministers in 1998.

[5:55 p.m.]

We work together as Health ministers to appoint the board of directors, obviously. We see reports from them frequently on questions such as the reports coming forward and the strategic plan. These are the subjects of Health ministers meetings — most recently, the one held in Edmonton, I believe in November, and again in June — where Health ministers come together and Canadian Blood Services, because it represents, at least, all the provinces except Quebec.

Often the annual general meeting would coincide with our provincial meetings in order to see that happen. While it has independent management, obviously we’re involved in the appointment of the board of directors for regions and as the principal consumers as agencies. Obviously, it’s people that are the ultimate consumers. But consumers as provinces…. We have an important stake in what goes on.

So while it’s a federally mandated non-profit, provincial governments, for obvious reasons, including the appointment of the board, have a very significant role in the way Canadian Blood Services functions. But it’s also critical that it function independently, consistent with the recommendations of the Krever commission.

N. Letnick: It sounds like…. The minister said they were at arm’s length, but quite a short arm, perhaps.

Can I confirm this information that I received that CBS has sent a request of $855 million to those on the other end of the arm — in other words, the governments — to set up 40 plasma centres and collect more plasma in Canada to reach the target? It says here 50 percent for self-sufficiency by 2023, but I think the minister’s response to my hon. colleague from the Third Party just a minute ago said three times by 2024. I believe the amount of self-sufficiency we have right now is about 17 percent.

Probably the best way to approach this is…. Does the minister know what the request is for the increase in self-sufficiency? What year is the increase for and what percentage? Are we going to 50 percent?

Hon. A. Dix: The plan is to go to 50 percent. The member is quite correct. The plan is approximately amongst the province’s $855 million over the first seven years of the plan. That plan is under review by provincial governments now. The other key element of the relationship between provinces and Canadian Blood Services is that the annual budget and corporate plan are approved by provincial and territorial Ministers of Health.

That’s the plan. It’s under review. Of course, we’ve been in consultation, but we’re waiting for the publication of the federal report as well, as part of our review of that plan. But that’s the intent, to go from roughly 15 percent today, in that range, to roughly 50 percent over the course of the seven years of the plan.

N. Letnick: Thank you to the minister for confirming that. Given the amount of money that we’re talking about here, several hundred millions of dollars nationally — and I imagine over time that will increase, as these things tend to do — to achieve a 50 percent self-sufficiency by 2024, I think it’s important that we track how well we’re doing against that objective. I think all British Columbians would benefit from doing that.

Even though it doesn’t belong in this particular location, later at section 20, I’ll propose an amendment to the legislation which would provide the government the opportunity of doing exactly that, tracking it so that we can all be better informed year after year that we are meeting our goals.

Specifically to section 3(2)(c), can the minister please explain who would be considered as a prescribed person or a prescribed class of persons?

Now, that’s been changed. Prescribed person is still there, right?

Hon. A. Dix: It’s still the same.

N. Letnick: It’s still the same. Thank you.

There’s the question.

[6:00 p.m.]

Hon. A. Dix: Essentially, that would be a person prescribed by cabinet under its powers, or under the bill. It relates to the discussion we had under section 2. Essentially, if that became necessary, cabinet would have that opportunity or power to do that, to extend the exemption beyond the organizations — the government and the Canadian Blood Services — listed here.

S. Furstenau: Just specifically with plasma donation, which is such a challenge, does the ministry hope to establish some plasma donation clinics in B.C. to increase the amount of plasma being collected?

Hon. A. Dix: Certainly, under the plan that’s being proposed by Canadian Blood Services, there will be plasma collection in B.C. There are up to 40 being proposed nationally and, I think, up to seven proposed in British Columbia, which will be roughly our population share of the incremental 40.

Section 3 as amended approved.

On section 4.

N. Letnick: On subsection 4(2), could the minister please describe how the inspector is going to define the period of time required for owners of blood collection facilities to submit to the inspector their records?

Hon. A. Dix: This would vary depending on the type of operation we’re talking about. The inspector would set out this. The purpose of this section is to require owners of blood collection facilities to keep records.

How long they would keep records, in part, depends on the type of operation. I would hardly imagine an operation where one was doing it in a garage, because that’s not how such organizations would take place. But the inspector, essentially, as they deal with a blood collection facility, would identify, based on the complexity of the operation, how long those records would need to be kept.

Section 4 approved.

On section 5.

N. Letnick: On subsection 5(5), is the inspector expected to give notification of an inspection to a blood collection facility, or are the inspections intended to be a surprise?

[6:05 p.m.]

Hon. A. Dix: No advance notice would be required.

N. Letnick: If no advance notice is required, do they also need a warrant under section 7, which is coming up later? To do these things under section 5, must they have a warrant every time, or can they just pop in by surprise and inspect?

Hon. A. Dix: There is a discussion of inspection under warrant, but no warrant is required to have an inspection under section 5.

Section 5 approved.

On section 6.

N. Letnick: Could the minister please comment on section 6(1)(j)? It says: “exercise a prescribed power.” How can a regulation itself prescribe a power?

Hon. A. Dix: When we get to section 28(2)(d), it provides the authorization for the Lieutenant-Governor-in-Council to authorize inspectors to exercise powers in addition to those set out in section 6(1), “Inspection powers.” That’s where it gives us the opportunity, should it be required, to add, by regulations, to the inspection powers laid out in the legislation.

N. Letnick: Thank you to the minister for that. If I can just go back to 6(1)(b), then, it talks about requiring a person to produce “records or things.” Can the minister please define whether something is relevant to the inspection or not? What would define whether something is relevant to the inspection?

Hon. A. Dix: With respect to “things,” it’s things such as, conceivably, equipment, tubes, other such things that might be part of the equipment in a facility. Obviously, all of it has to be relevant to the purpose of the legislation. So equipment used for the collection of blood or plasma would obviously be relevant, and records related to that are the things that can be inspected.

N. Letnick: If I’m understanding this correctly, the inspector can go in without a warrant, define for him- or herself what is relevant, and ask the occupant to produce records or things that the inspector him- or herself thinks is relevant, which he or she is doing without a warrant. Am I correct in that conclusion?

[6:10 p.m.]

Hon. A. Dix: The purpose of the legislation is as discussed. The inspector would have the right to go in and ask for equipment or records to be produced. Obviously, there are occasions when people may say no to that, for whatever reason they choose, in which case, a warrant would be required.

This is not some sort of…. There’s no violation of the Charter of Rights or anything like that. The purpose of the inspector — who would be, I’m sure, a very busy person in their lives and in the work they do for government, because they would almost certainly be doing many things in addition to this — would be relevant to the legislation, to the enforcement and the application of the legislation. Obviously, if a person had objections to producing certain items, that would be, potentially, the subject of an inspection by warrant.

It wouldn’t be our expectation that that’s how it would work in practice, of course. To an extent, the purpose of the legislation is to lay out what the rules are for everyone in advance of such disputes happening. So all the ordinary protections of law that are allowed by individuals would be maintained, of course. This doesn’t override any of those.

Sections 6 to 9 inclusive approved.

On section 10.

N. Letnick: Could the minister please provide an example of what kind of order an inspector might make to another person in a place to assist in the inspection?

Hon. A. Dix: Perhaps this will assist in the understanding of the purpose of this section, the purpose of the legislation. Referring to section 10(1), section 10(1) allows inspection orders, which can include orders that a person on the premises of a place being inspected must assist in the inspection.

Since a prohibition on the purchase of blood and blood components could have significant financial implications for those engaging in these activities, there may be individuals who are not willing to cooperate with an inspection. Providing inspectors with the power to make orders necessary for exercising inspection powers will, together with powers relating to warrants and peace officer assistance, facilitate more effective inspections and increase the capacity of inspectors to determine if or if not the act is being violated.

Section 10 approved.

On section 11.

N. Letnick: When the section states that “the inspector may make any order necessary for the purpose of bringing the person into compliance,” what are the limitations or the scope of power for what the inspector can actually order a person to do?

[6:15 p.m.]

Hon. A. Dix: Section 11, the first part of it, subsection 11(1), describes all of the things that would be the subject of the order. Subsection (2) describes that it should be made in writing. It “must be dated and signed by the inspector.”

Subsection (3) describes what the compliance order must describe. In other words, the order must describe who must comply. It must describe “the actions or omissions that gave rise to the order.” It must describe the sections of the act, the provisions of the act or the regulations that have been contravened; “what must be done or not done, and any conditions, including, if applicable, the date by which something must be done;” and “how the person subject to the order may have the order reconsidered under section 13,” which is the subsequent section.

All of those sections describe what must be in the order. The first part of this describes the limits of the compliance orders provided that the inspector needs to address.

N. Letnick: Thank you to the minister. Do I gather from the answer, then, that whatever’s not listed here in section 11 are the limitations, the limits on scope of power? So it has to be there, and if it’s not there…? There’s no catch-all something else that says “anything else the inspector feels like”?

Hon. A. Dix: That’s exactly right. They can only do what’s here. Of course, section 11(1)(g) includes “take a prescribed action.” That allows this section to be expanded; this to be done by regulation by the Lieutenant-Governor-in-Council. But if it’s not there, this is what they can do.

Sections 11 and 12 approved.

On section 13.

N. Letnick: I think we really have a good system going here. It’s pretty smooth. Too bad it’s the end of the day. We’re going to have to start again, because we’re only at section 13.

Section 13(6). If the person under the compliance order is not satisfied with the inspector’s reconsideration, is there an opportunity to have a neutral third party review the order and provide a judgment?

Hon. A. Dix: The answer to the question is no.

I think with that…. One more? Sure. I’ll sit down. But the answer to the question is no.

N. Letnick: Thank you to the minister for that allowance.

If not, why isn’t there such a mechanism? It would seem like the inspector has a lot of power to inspect without a warrant, to determine what they want to inspect, to determine what they’re going to ask for, to make the decision. If you don’t like their decision, you have no ability to go to anybody else. Why not?

That will be my last question for today.

Hon. A. Dix: It isn’t envisioned. Obviously, individuals have the right to court action, should they wish, on legislation. But these are very limited inspection orders. It’s not envisioned that there would be an appeal of inspection orders.

With that, I move….

Interjection.

Hon. A. Dix: Is there more on this section? Okay.

Sections 13 and 14 approved.

Hon. A. Dix: We’re just completely in rhythm now, just as the day ends. I feel like we should continue on.

Interjection.

Hon. A. Dix: I know. People who have a profound dislike of skits I think want to continue on — unless we’re defining what we do in here as a skit.

With that, hon. Chair, I move that the committee rise, report progress and ask leave to sit again.

Motion approved.

The committee rose at 6:20 p.m.