Third Session, 41st Parliament (2018)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, October 30, 2018
Morning Sitting
Issue No. 172
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Office of the Ombudsperson, referral report, Interim Assessment of
Implementation of Recommendations — | |
Orders of the Day | |
TUESDAY, OCTOBER 30, 2018
The House met at 10:05 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Introductions by Members
Hon. J. Horgan: Members, in the gallery today is Leonard Schein, a well-known film aficionado from Vancouver. Leonard is the former owner of the Fifth Avenue Cinemas, the Park Theatre and the Ridge Theatre. He’s also the founder of the Vancouver International Film Festival. Leonard has been known for his philanthropy and his contributions to not just the arts and culture but the fabric and dynamism of Vancouver and, indeed, all of British Columbia. Would all members please welcome Leonard Schein to the Legislative Assembly of the province of British Columbia.
S. Cadieux: There are a number of folks in the gallery today from the Alliance of B.C. Students to meet with both sides of the House. I’d like to introduce them: Andrew Dillman, Noah Berson, Matt McLean, Anna-Elaine Rempel, Patrick Meehan, Chris Girodat, Snehdeep Kang, Sukhroop Kaur, Gurleen Sidhu, Jasvinder Singh, Harsimrat Singh, Joseph Thorpe, David Piraquive, Jewelles Smith, Gurvir Gill, Rajdeep Dhaliwhal and, last of all but not least, Emily Gaudette. Would the House please make them welcome.
L. Larson: Somewhere in the precinct today is the mayor-elect, Brian Taylor, of Grand Forks and the chair of the regional district of Kootenay-Boundary, Roly Russell. Would you please make them welcome.
Hon. K. Conroy: We always announce special events in the House. Today I’d like to announce that one of our colleagues is turning a big “0” birthday. I’ll let you guess which number goes in front of the big “0,” but please join me in wishing a big “0” birthday to the member for Saanich South.
Hon. J. Sims: I have visiting me in the gallery today a very dear friend, like a younger sister to me, and one of my constituents. I met her in 2012 and really, really value our friendship and her support. It’s Rabina Sattar.
I also have visiting here today Betty Dusange-Hayer, a friend I met recently. We’ve made some very strong connections, and I would say she is a big activist in the community. Accompanying them today is Anna Wu, who represents the Canada Asia Economic and Culture Association.
Please assist me in welcoming them to this House.
J. Martin: Today in the precinct, we have several members from CLAC, the Christian Labour Association of Canada; PCA, the Progressive Contractors Association of Canada; Canada Works; and Canada West. They’re here meeting with members, discussing fairness in the workplace, access to public projects and restrictive hiring practices. Please make them welcome.
Hon. H. Bains: I have a couple of introductions to make today. First, it is my pleasure to introduce some very special guests in the gallery: Jastej Singh Aujla — we call him Ronnie; his wife, Praneet Sandhu; along with their son Mehtab. They are here along with their parents who are visiting them. They are Ronnie’s parents from India. They are Dr. Kuljit Singh Aujla and Amrik Kaur Aujla. Ronnie has brought them over to show our beautiful city of Victoria and the people’s House. Please would the House join me in making them very, very welcome.
E. Ross: Another birthday wish, a special birthday wish, to the first MLA that I ever met in my previous term as chief councillor of Haisla Nation Council. The birthday wishes go out, actually, to our House Leader, Mary Polak. Happy birthday, Mary Polak.
Interjections.
Mr. Speaker: We’ll let that one go.
E. Ross: My apologies. Thank you, Mr. Speaker.
Happy birthday to the House Leader.
Hon. L. Popham: Just so nobody is left guessing, it’s the big five-o. A happy birthday to my colleague across the way.
I’m going to join my colleague who introduced representatives from the regional district of Kootenay-Boundary today. She mentioned Roly Russell and Mayor-elect Brian Taylor.
Congratulations, Brian.
Also joining them, in their delegation, are Colleen Ross, city of Grand Forks policy group liaison for recovery, and Graham Watt, the Boundary Flood Recovery team recovery manager.
Please make them welcome.
Statements
MESSAGE OF CONDOLENCE
FOR LUCAK
FAMILY
L. Throness: I have a sad event to relate today. There’s an informal fraternity among those who assist us here in Victoria and in our constituency offices. When one member suffers, we all hurt a little bit.
Last Saturday my constituency assistant, Dagmar Lucak, and her husband, Bill, smelled smoke in their house. They opened their bedroom door, and the place was engulfed in flames. Dagmar was able to escape without harm, but her husband, Bill, did not, tragically.
This is a reminder that our lives can change in a moment. We need to hold those we love close to us.
The condolences of this House go out to Dagmar, to her daughter, Ayla, and to her son, Emry.
Introductions by Members
Hon. B. Ralston: Joining us in the members’ gallery this morning is Marta Cowling, the newly appointed consul general of Portugal in Vancouver. Most recently the consul general was a representative for Portugal to the European Union.
As many of us are aware, the community of Canadians of Portuguese origin is prominently represented in British Columbia, numbering over 40,000, including famous Victoria-born singer and songwriter Nelly Furtado. I look forward to meeting with the consul general later this afternoon to strengthen trade and investment relationships between our jurisdictions.
Would the House please extend a warm welcome to the consul general.
Hon. H. Bains: I’m not sure whether they have made it to the gallery yet. There are 50 grade 5 students from my constituency school of École Gabrielle-Roy. They are joined by their teacher Assoli Renault. Please help me to say bienvenue to all of them.
P. Milobar: Well, all of us in the House have family members who have supported us along the way. It gives me great pleasure that I am joined by such a family member here today, as well, surely the most patient woman that I know. My wife of 25 years, Lianne Milobar, is here today.
M. Dean: Today here in the building, we’re visited by a class of grades 4 and 5 students from Eagle View Elementary. They’re studying government, and I spent last Friday morning there answering an awful lot of questions that were very smart from all of the kids. I would invite everybody to welcome them and their teacher Ryan Nast. Please make them very welcome.
Introduction and
First Reading of Bills
BILL 53 — RECALL AND INITIATIVE
AMENDMENT ACT,
2018
Hon. D. Eby presented a message from Her Honour the Lieutenant-Governor: a bill intituled Recall and Initiative Amendment Act, 2018.
Hon. D. Eby: I move that the bill be introduced and read a first time now.
I am pleased to introduce the Recall and Initiative Amendment Act, 2018. This bill amends the Recall and Initiative Act to ensure that the financing and advertising roles for the recall process are consistent with financing and advertising rules under the Election Act.
Last fall amendments to the Election Act banned big money from provincial elections and banned political contributions from outside of British Columbia. This bill would implement similar rules for all participants in a recall. Union, corporate and foreign contributions to petition proponents and members subject to a petition would no longer be permitted.
Eligible British Columbians would be permitted to contribute a maximum of $1,200 per year to a petition proponent or a member subject to a petition. Similar restrictions would apply to contributions to recall advertising sponsors. The bill would provide for additional transparency around fundraising functions held on behalf of petition proponents or on behalf of members…
Interjections.
Mr. Speaker: Members.
Hon. D. Eby: …subject to a petition when those functions are attended by party leaders or cabinet ministers.
The bill also addresses the fact that, currently, recall proponents and MLAs are subject to spending limits but third-party sponsors of recall advertising are not. This bill would create an expenses limit for advertising sponsors of $5,000 during the recall petition period.
In order to promote transparency around recall advertising sponsorship, individuals and organizations engaged in advertising that directly promotes or opposes the recall of a member would be required to register before sponsoring the advertising, regardless of when they are conducting that direct advertising.
Finally, the bill establishes monetary penalties for contravening recall financing and recall advertising rules, similar to penalties under the Election Act, to assist the Chief Electoral Officer in enforcing the rules for the recall process.
Mr. Speaker: The question is first reading of the bill.
Motion approved on division.
Mr. Speaker: The first motion passed on division.
Interjections.
Mr. Speaker: Members, the first motion has been moved on division. That’s been noted. Let’s move on to the second motion.
Hon. D. Eby: I move the bill be placed on orders of the day for second reading at the next sitting of the House after today.
Bill 53, Recall and Initiative Amendment Act, 2018, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today on the following division:
YEAS — 43 | ||
Chouhan | Kahlon | Begg |
Brar | Heyman | Donaldson |
Mungall | Bains | Beare |
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 |
Furstenau | Weaver | Olsen |
| Glumac |
|
NAYS — 40 | ||
Cadieux | de Jong | Bond |
Polak | Wilkinson | Lee |
Stone | Wat | Bernier |
Thornthwaite | Paton | Ashton |
Barnett | Yap | Martin |
Davies | Kyllo | Sullivan |
Isaacs | Morris | Stilwell |
Ross | Oakes | Johal |
Redies | Rustad | Milobar |
Sturdy | Shypitka | Hunt |
Throness | Tegart | Stewart |
Sultan | Gibson | Reid |
Letnick | Thomson | Larson |
| Foster |
|
Statements
(Standing Order 25B)
WAH NGOK
T. Wat: I’m very sad to learn of the loss of my former colleague and friend Elliot Ngok at the age of 76 on October 20.
Elliot is more affectionately known to the community as Wah Ngok, great brother Wah. We have known each other since the ’90s. He has always been a passionate actor and an individual, both in British Columbia and in Hong Kong.
Wah Ngok started his acting career in Hong Kong in 1963. He was one of the most versatile and prolific leading actors and starred in five to ten films per year in his golden days. His shot to fame was the 1966 film Come Drink With Me.
Wah Ngok and his family moved to Vancouver in the ’90s. He and I were colleagues at the multicultural radio station Mainstream Broadcasting CHMB AM 1320. He was a Mandarin program host, a man of strong work ethics and passion who always helped and cared for his colleagues.
Wah Ngok has always been actively involved in community work in B.C. He participated in many charity events and helped raise over $1 million for our local charitable organizations and those in need around the world. He has always volunteered and visited seniors homes to sing and perform for the residents, giving them warmth and laughter. He and his wife, Tanny Tien, also a well-known actress in Asia, are dedicated volunteers of the Tzu Chi Foundation of Canada, which delivers disaster relief and humanitarian services through the essence of Buddhism.
I would like to offer my most sincere condolences to his wife, Tanny, and his daughter, Faye. Words fail when a loved one is taken away from us too soon, but I pray we’ll all find comfort and strength in the love and support of family members.
GORD DOWNIE AND CHANIE WENJACK FUND
LEGACY SCHOOLS
PROGRAM
B. Ma: Chanie Wenjack was nine years old when he was sent to the Cecilia Jeffrey Indian Residential School in 1963. Years later Chanie ran away from the school to try to reunite with his family 600 kilometres away. He didn’t make it. They found his body one week later at the age of 12.
Chanie is one of an estimated 6,000 Indigenous children who never made it home from a residential school. It was this story, the story of so many Indigenous children in this country, that inspired Canadian rock musician, writer and activist Gord Downie of the Tragically Hip to create, in collaboration with the Wenjack family, The Gord Downie and Chanie Wenjack Fund to continue the conversation that began with Chanie Wenjack’s residential school story and to aid our collective reconciliation journey through awareness, education and action.
Gord Downie passed away on October 17, 2017, and this fund is part of his legacy. Most of us in these chambers did not grow up learning about the residential school system. Indeed, there are generations of Canadians outside of these walls who have no idea. But our young people know. Through the Downie-Wenjack legacy school program, classrooms in schools will lead the movement in raising awareness about the history and impact of the residential school system on Indigenous peoples and the challenges they continue to face today.
Because of the leadership of district principal Brad Baker, five North Vancouver schools — including Norgate Elementary, Westview Elementary, Carisbrooke Elementary, Sherwood Park Elementary and Windsor Secondary — will join Gord Downie in his commitment to reconciliation as legacy schools.
Though the road to reconciliation is long and the path winding and the journey arduous, let us all go forward with courage.
FUNDRAISING BY
LIONS GATE HOSPITAL
FOUNDATION
R. Sultan: Lions Gate Hospital on the North Shore is both a community hospital and a regional centre of excellence, fourth-ranked in Vancouver Coastal in volume of patient care. Lions Gate Hospital Foundation is only a few hundred thousand dollars shy of reaching its $100 million fundraising goal, about half of the funds required for a new high-tech medical and surgical centre.
The $93 million raised so far was donated by 3 percent of the North Shore residents. For those last few dollars, the foundation needs support from all of the North Shore community, the 97 percent, regardless of the individual dollar amount.
The Give Where You Live campaign was recently launched with the slogan “Celebrate seven days of LGH for a lifetime of care.” Keystone sponsors were Save-On Foods and McDonald’s, and supporting roles were played by a long list of North Shore businesses.
The public at large was engaged through a Burma Shave on Lions Gate Bridge, a rally at the SeaBus terminal, a meet-and-greet tent on Lonsdale, Facebook Live, and more. The results? The LGH Foundation raised another $50,000 in one week. The campaign continues.
Our Minister of Health has one of the most financially challenging jobs in government. Communities have an obligation to help him out. All citizens must engage to ensure our health system excellence. Thank you, Lions Gate Hospital donors large and small.
MUSLIM YOUTH CENTRE
R. Singh: This past weekend the Muslim Youth Centre, a centre located in Surrey just across the border of my riding, organized their fundraiser. A while back, I, along with the member for Surrey-Newton, attended their International Bazaar and International Food Festival.
These events are not just organized to exhibit the array of the community’s goods and food but more an invitation to people of all faiths and denominations across the Lower Mainland to join in the celebration of the immense diversity of Surrey and our magnificent province.
Events like these are not the only outreach that the centre arranges. Since 1999, when the late Iman Asgar Husain, with the support of his wife, Zuleika Husain, opened the centre, it has been a place for young girls and boys to engage in spiritual, religious and educational programs, besides having the opportunity to attend self-defence classes and sports days. One of its objectives is to provide youth with a friendly educational environment and to empower them enough to repel unwanted elements.
In today’s world, where wild rhetoric and Islamophobia seem to be rampant, the Muslim Youth Centre is not only a place of solace and reflection but also a beacon working hard to bring people together, whether it is with their events, their educational work or their collaborations in the community.
I would like to acknowledge the Muslim Youth Centre and its efforts to preserve the ideals of multiculturalism of our province and to equip youth with values that will last them a lifetime and help them to build stronger communities.
FOOD GARDEN AND COOKING PROGRAM
AT JOHN ALLISON
ELEMENTARY SCHOOL
L. Larson: For the past five years, the students, volunteers and staff at John Allison Elementary School in Princeton have planted a fabulous food garden. The plants are carefully tended by the students during the spring, watched over by volunteers in the summer and harvested in the fall.
The next step is to cook, preserve and prepare what has been grown. Volunteers come to teach the students how to cook from scratch, the old-fashioned way. Retired teachers, professional cooks and bakers and other talented people help out with the cooking lessons.
The students participating are from kindergarten to grade 3. The kitchen kids program began in 2013 with a three-year renewing grant from the Valley First Credit Union First West Foundation. The money helped to develop the how-to-cook program and has inspired the very young to eat healthy foods and develop skills in cooking and baking.
To celebrate the success of this program, a kids’ cookbook was published with input from all of the kids’ parents and grandparents, who submitted recipes that were easy for kids to do. The kids were introduced to many different dishes from around the world, and the recipes reflect their community’s diversity.
Thanks go to the Princeton Teachers Union, the B.C. Teachers Federation, Mr. Bill Lawrence, Mr. Barry Clarke and school district 58 for their financial support over the last five years. But the driving force behind this program was teacher-volunteer Shirley Low, and it was her efforts and a grant from the government that enabled the printing this past spring of the Amazing Kitchen Kids Food Tales Cookbook. The students are very proud of their cookbook and thank everyone for their support. If anyone would like a copy, just let me know.
RON DUTTON AND ARCHIVAL COLLECTION
ON LGBT HISTORY IN
B.C.
S. Chandra Herbert: While we all know the saying about how those who don’t learn from history are doomed to repeat it, we also need to sometimes consider what voices are missing from history, what conversations, what people are missing from the record — in many cases, minority voices.
In my community, I have a remarkable constituent who’s worked hard to ensure that the voices of LGBT people, in their fight for equality and for civil rights, have not gone missing, have not vanished.
Over 42 years, Mr. Ron Dutton has collected posters, reports, magazines, advertisements, articles and various ephemera of the LGBT civil rights movement in British Columbia. He has now amassed over 750,000 items in his B.C. gay and lesbian archives.
Now, that’s a lot of items, and as a constituent of mine, where would he find a place in the West End big enough to keep that? I don’t know. He lives in a two-bedroom apartment, but he has somehow managed to fit his archives into his apartment in an incredibly organized way. But that’s been a challenge, because of course, he’s wanted that archive to be able to be studied and learned about all across the province and for anyone around the world.
They can’t all fit into his small apartment, so Ron has done something remarkable, I think, in keeping the collection and now giving it to the City of Vancouver Archives. This collection will not just be held in the archives, where you have to go and research it there, as I know that Ron feared it being locked away in boxes that nobody would see. What they’re doing now is digitizing the collection. They’ve just announced that they’re going to, through the next year, digitize all of the audio-visual, all the graphics and all the artwork that he’s collected to have available on line by next summer.
I want to say thank you to Ron, thank you to the City of Vancouver Archives and thank you to everybody who makes preservation of history and the stories that unite us so much more of a priority than it has been.
J. Rice: I seek leave to make an introduction.
Leave granted.
Introductions by Members
J. Rice: They weren’t in the House earlier when they were acknowledged, but considering all that this community has endured with an unprecedented flood this year, I wanted the House to recognize the outstanding resilience and leadership of the community of Grand Forks and the regional district of Kootenay-Boundary. I’m hoping the House can please make welcome local government reps Roly Russell, Colleen Ross, Brian Taylor and recovery manager Graham Watt.
Oral Questions
COMMUNITY BENEFITS AGREEMENT
AND
WORKERS
S. Bond: Ryan Deforge is a heavy-equipment operator and a trainer from Mission. He has a question for the Minister of Transportation. He says: “I’ve worked on numerous major public infrastructure projects in my career. To keep working, why should I be forced to join an NDP-approved union?”
A pretty simple question to the Minister of Transportation: why is she forcing Ryan to join a union he does not want to join?
Hon. C. Trevena: As always, I’m willing to listen to constituents directly. If they want to get in touch with me directly, I’d be happy to talk to Ryan about this.
I would like to reference a government report prepared for the former Minister of Jobs, Tourism and Skills Training, the current member for Prince George–Valemount, to answer the question. The report, which was presented to the former government back in 2014, provided some useful information on meeting the skilled labour needs for projects in our province.
It’s talking about the use of project labour agreements, or community benefits agreements, and the mobile workforce. It says that they have a significant history of use in B.C. stemming back to the 1960s’ large-scale infrastructure development. The model continues today under the Allied Hydro agreement, says the report.
That agreement was with the same 19 building trade unions that are involved with community benefit agreements. Maybe the member can explain to me why a number of projects that started and completed under their government were using the same 19 select unions that are being used under community benefit agreements.
Mr. Speaker: Prince George–Valemount on a supplemental.
S. Bond: Well, it was a nice try, Minister, but the good part of the answer was the part where the minister said she’d be willing to talk to Ryan. It’s about time. In fact, Ryan is in the gallery today. Ryan is here today, and he is a proud member of CLAC. In fact, he and his colleagues are joining us today, and he wants a straightforward answer from this minister.
Ryan wanted the minister to know this….
Interjections.
Mr. Speaker: Members, we shall hear the question.
S. Bond: Ryan wanted the minister to know this: “These things used to justify this deal don’t make sense. For example, the apprenticeship goals are just aspirational and are actually lower than most projects I work on. I still want to know why the minister would violate my right to join the union of my choice.”
Will the minister explain to Ryan, who is listening very carefully to her answers today, why she is forcing him to join an NDP-approved union he doesn’t want to join?
Hon. C. Trevena: I think that the member opposite knows that on work projects, people join the association or the union that’s part of the project. So members are often members of CLAC, members of the United Brotherhood of Carpenters and Joiners and other unions, depending on where the work is and what the work format is.
Maybe the members opposite also recall a project which was started under their watch in my constituency. I remember former Minister of Energy Bill Bennett coming up to Campbell River, being there with SNC-Lavalin at the start of the John Hart generating station. It started in 2014 and is just wrapping up now. That, also, was constructed under a project labour agreement with 19 select building trade unions.
The member may want to explain why their government constructed such a large project using an agreement very similar to that which we’re using. But I think I can tell the member why: because the 19 building trades unions know how to build major projects. They know about construction; they know about apprenticeships. That’s why we, like the opposition when they were in government, are working with them.
Mr. Speaker: Prince George–Valemount on a second supplemental.
S. Bond: I’m sure the minister will continue to dismiss and ignore the concerns. The minister can stand in the House all she wants. With CLAC, members who work hard, who actually also know how to build projects, who have skills, who have expertise….
The minister can duck, dodge and ignore the question. Here’s what Ryan had to say to the minister.
Interjections.
Mr. Speaker: Members, the member for Prince George–Valemount has the floor.
S. Bond: The members opposite can be as dismissive as they want. Here’s what Ryan had to say to the members on that side of the House. He said: “I know that the Premier has dismissively called CLAC members like me turkeys. This feels like political payback” — the Premier can shake his head; that’s what he said — “and I think that’s wrong.” These are Ryan’s words: “Why should I be banned…?”
Interjections.
S. Bond: Let’s try it again. “The Premier has dismissively called CLAC members like me turkeys. This feels like political payback, and I think that’s wrong. Why should I be banned from working on public projects because of the government’s political agenda?”
Why are Ryan and other experienced, hard-working British Columbians who are here today being forced by this minister to join a union they don’t want to join?
Hon. C. Trevena: I’d like to continue with the opposition’s record from when they were government. The $900 million Waneta dam expansion began in 2010 and ended in 2015. That project was also, under the previous government, a labour agreement with 19 select building trade unions — exactly as we are doing.
The member opposite was the Minister of Jobs at that time so should have known about labour agreements. The member opposite at that time, as Labour Minister, would have also known that nobody is being forced to join a particular union. It is a union jobsite.
The reason why, I’m sure, the opposition, when they were government, used their 19 select unions is because the building trades know how to build projects. They worked for the former government; they’re working with us too.
M. Polak: We’ve heard a lot of dismissive comments from the minister when we pursued this line of questioning, but this one, I think, is particularly disgraceful, because it doesn’t take much time to compare the agreements that were made in the past with what’s contained in this current agreement.
I will go directly after what the minister just said about how these people are not being forced to join particular unions. Well, the agreement actually says they are. First of all, in article 8.100 and 8.101, it says that maintaining their membership in such unions is a condition of employment. It makes that very clear by saying: “Application for membership shall be made to join the appropriate affiliate within 30 calendar days.” That’s a condition of their employment.
The minister should stop skating around that. It’s really disgraceful that she pretends that’s not in the agreement. It’s disgraceful to people like Natalie. Natalie Bak is a red seal welder from Burnaby. She completed her apprenticeship with CLAC…
Interjections.
Mr. Speaker: Members, we shall hear the question.
M. Polak: …as many, many people do.
Here’s what Natalie says: “I’m proud of my training, and I don’t understand why I can’t work on public projects as a CLAC member. How does it make sense to exclude one of the top three sponsors of apprentices in B.C. from public projects?”
It doesn’t make sense, and the minister should be explaining why she expects that these people should be forced to join unions they don’t want to join.
Hon. C. Trevena: The member opposite was in government for a number of years. She should realize that it is a union jobsite, like Allied Hydro jobsites, like the John Hart generating station under their watch, like the Waneta dam under their watch. These are union jobsites. At a union jobsite, you join the union after 30 days.
Many workers, which I think the member opposite realizes, are members of a number of associations and unions. You can be a member of the Carpenters and CLAC. You can be a member of a number of unions on this jobsite. You’re anticipated — as at Waneta, as at John Hart — and expected to join one of the 19 unions, the same unions that were under Allied Hydro under the former government, as they are under our community benefits agreement.
Mr. Speaker: The House Leader for the official opposition on a supplemental.
M. Polak: Well, I guess the really only interesting thing about the minister’s answer is that it’s becoming obvious we built a heck of a lot of infrastructure when we were in government.
Interjections.
Mr. Speaker: House Leader, proceed.
M. Polak: Thank you, Mr. Speaker.
We’ve already covered the first part of the minister’s answer on the agreements, which is incorrect, and where it is not the same as previous agreements. There’s something else that this agreement does that’s equally disturbing and maybe even more so.
Interjection.
M. Polak: No, it’s actually the wages that are paid to pre-apprentices. For example, if you’re a bricklayer pre-apprentice, guess what. You don’t even get minimum wage. As the table goes on, out to 2024, you don’t even get minimum wage then. You still only get $12.38. I mean, what’s going on here? So not even minimum wage for the bricklayers pre-apprentices. No minimum wage for the drywall taper-finisher. They get $11.78. No minimum wage for the tile-setters and the commercial-institutional. They only get 11 bucks.
This is something they don’t want to talk about, and they certainly don’t want to tell people like Natalie. Natalie says that the best way to train more apprentices is to work with everyone in the construction sector. Especially, they should be working with people like CLAC, who train thousands of apprentices each and every year.
Again, why is the minister misleading workers and British Columbians about what’s in this agreement? When is she going to come clean and stop forcing workers to join unions they don’t want to join?
Hon. C. Trevena: Those tables have been adjusted. Everybody will get above the minimum wage. I have to say that….
The member can say that CLAC has apprentices. We are doing exactly what the previous government did, using the building trades. The building trades and the private sector unions have a great record on apprenticeships, on skills training.
I really do not understand what the opposition doesn’t understand about union workplaces. I mean, whether it’s going into a school where you’ve got the BCTF and you’ve got CUPE, whether it is working in a hospital where you’ve got HEU and the BCNU, whether it’s a liquor store or the Langley police department, we have union workplaces around this province. That’s what we’re going to be doing. We’re proud.
BIOPRODUCTS DEVELOPMENT
IN AGRICULTURE
SECTOR
A. Olsen: To continue our theme of embracing innovation to drive economic prosperity in British Columbia, I’d like to canvass a few issues with the Minister of Agriculture on her birthday. Happy birthday, Minister.
Last week the European Union voted for an extensive ban on single-use plastics. Plastic straws and plastic bags are already being banned in various jurisdictions right here in Canada. As we move away from plastics, sustainable bioproducts are taking their place. We see examples of innovation happening around the province.
In Revelstoke, a brewery is using bread from a recovery program to make new brew. Victoria is home to Abeego, a successful operation making reusable food wraps from beeswax. Enterra Feed Corp. is using food waste to feed flies and using the resulting fly larvae to create animal feed. The list goes on.
There’s so much opportunity for us to be encouraging innovation, to be encouraging farmers to develop bioproducts. The world is quickly changing, and alternatives to plastics are going to only increase in demand.
My question is to the Minister of Agriculture. We have an opportunity to position B.C. as a leader in bioproducts, but only if government leans in to support this innovation. What concrete steps is the minister taking to support the development of alternative bioproducts in our agricultural sector?
Hon. L. Popham: Thanks to my colleague for the question. It is an exciting time in agriculture. When you travel the province and meet farmers who are embracing innovation, you know that the possibilities are endless. We have just signed a new five-year Canadian agricultural partnership with the federal government. This comes with a $14 million agri-innovation program. This program will support projects relating to research and development, pilot and demonstration, and commercialization and adoption. It is an exciting time.
The member mentioned a few projects. I also have stumbled upon a few really cool projects myself.
There’s a duck and chicken farm up in Kamloops operated by young farmers that have launched a pilot project using flies to feed their poultry. They’re using this as an alternative to food pellets. This is replacing three tonnes of food waste every week from nearby restaurants. Just in Delta, where my critic’s riding is, there is a dairy farm that’s turning animal and food waste into biofuel and moving that fuel into the Fortis grid. Then lastly, in the Fraser Valley, where the Speaker resides, there’s a land-based aquaculture operation that uses food waste to generate insect protein, which they then use to feed their coho stock.
I’m as excited as the member is about innovation, and I look forward to future discussions about that.
Mr. Speaker: Saanich North and the Islands on a supplemental.
FOOD SECURITY AND
FOOD-PROCESSING
SECTOR
A. Olsen: Thank you to the minister for the response. There was a time not too long ago that Vancouver Island produced 100 percent of its food. Fifty years ago we produced about 90 percent of the food that we consumed. Now we import roughly 90 percent of our food.
With climate change, disruptions in the global food network are increasing. Costs of transportation and drought are just two challenges facing food security, an issue that I know the minister is passionate about. But it’s not just growing more food that we need.
In Canada, 30 percent of our food goes uneaten, and $31 billion is wasted every year. Approximately 18 percent of food waste happens at the manufacturing level, so this is a huge opportunity for innovation to address both food waste and food security. We have opportunities to encourage more food-processing facilities to help local farmers.
My question is to the Minister of Agriculture. What is the ministry doing to address the lack of food processing here on Vancouver Island and across British Columbia?
Hon. L. Popham: It must be my birthday, because that’s the best question ever. I am proud to say that in my mandate letter from the Premier, one of the things that I’m addressing is the capacity of our food processing. Up until now, we are one of the only provinces in Canada that wasn’t a home to a food innovation centre. We’re working hard, with partners, to see that a success in the near future, but there is a lot more that we can be doing. Food processing is a value-added part of agriculture, and it also would address things such as waste.
I can tell you that the member is exactly right. We are producing less food than we use, and we’re depending more on imports than we ever have in British Columbia. We need to address this for many reasons. One of them is climate change resilience. Food security is a hot topic right around the world, and I am concerned about that.
Mr. Speaker: Thank you, Minister.
Hon. L. Popham: But there are some successes as well, Mr. Speaker. Because it’s my birthday, can I just talk about one?
Mr. Speaker: The member for Kamloops–South Thompson.
COMMUNITY BENEFITS AGREEMENT
AND
WORKERS
T. Stone: Tom MacDonald is a carpenter and a foreman. He’s worked for almost 20 years for the same company, Ledcor. He has participated — and is very proud of his participation — in helping build major infrastructure across British Columbia, like the B.C. Children’s Hospital, the Canada Line, and highways and bridges. He’s been a member of CLAC Local 68 for the entire period of time.
Here’s what Tom has to say: “My taxes are paying for these projects, and I find it offensive that I would be forced to join a particular union, lose the continuity of my pension and benefits, and be dispatched to a company I have no history with, all in the name of the NDP paying back their friends with no regards to my individual choice and rights.”
Tom is with us here in the gallery today, and frankly, he deserves an answer from the minister to this question. Why is the minister forcing Tom to join a union that he does not want to join?
Hon. C. Trevena: To the member opposite, I thank him for the question. I repeat my answer, from the previous two members, that we are using the same model with the same unions that the opposition did when they were government. We are using 19 building trades unions because they are proven, as private sector unions, to be excellent at training those people in the skills that we need training in.
We’re talking about heavy equipment. We’re talking about welders. We’re talking about electricians. We’re talking about pile drivers and ironworkers. These are all trades that we desperately need. The member opposite, I know, was only in government for four years. He may not have realized that there is a massive skills shortage. Part of the community benefits agreement is to build up the people of British Columbia and make sure that we’ve got those skills.
Looking at Indigenous people, looking at women and looking at other people who don’t usually enter this and ensuring that they have those skills and training, we are using the building trades unions to do that training.
Mr. Speaker: The member for Kamloops–South Thompson on a supplemental.
T. Stone: Frankly, the minister’s responses here, today, and in previous opportunities where we’ve canvassed this subject are disheartening, dismissive and highly disrespectful to people — workers like Tom MacDonald and his colleagues who are here today and the thousands of workers that they represent across this province.
Now, let’s try this again, to refresh the minister’s memory. Tom has worked for Ledcor for most of his career. Tom has been a member of CLAC Local 68 for that entire time period. CLAC has a long-standing bargaining relationship with Ledcor, but CLAC is not one of the 19 NDP-approved unions.
Tom says: “I object to the fact that if Ledcor obtains a contract on the Pattullo Bridge project, I would be forced to join the building trades unions to work for Ledcor, even though Ledcor already has an existing bargaining relationship with CLAC.”
This policy is unfair, and it’s discriminatory. My question to the minister, again, is this: why is the minister preventing Tom from working on the projects he wants to work on, working for the company he wants to work for, and why is she forcing him to join a union that he doesn’t want to join?
Hon. C. Trevena: Like the previous questions, I’d be very happy to sit down and talk with Tom, to talk to him about this. These are the same unions that the previous government used. We’re not forcing anybody to join a union. It’s the union worksite, as are the Allied Hydro projects, as is a school, as is a B.C. Transit operation. We have union worksites around the province.
I just really wanted to reflect a little bit on the previous government’s history. Yes, they did for…. Hydro used the 19 building trade unions, because they can deal with the skills shortage. They can deal with apprenticeships. But it has not always been their record. Going back, the member opposite mentioned the Canada Line. That was under the previous government, and under the Canada Line, they had 30 workers from Costa Rica being paid less than $4 an hour, working 12 hours a day, six days a week.
Yes, we are using a union worksite, and yes, we are using the building trades, because the building trades can train people. We’re proud of it, because we’re investing in the people of British Columbia as well as the infrastructure.
J. Thornthwaite: Tim Spencer is 21 years old and a third-year apprentice from North Vancouver. This is what Tim wants the minister to know: “This policy has nothing to do with good-paying jobs. The increase in construction costs doesn’t go to workers. It goes to higher union dues, the hiring hall, bureaucracy and inefficiencies. I know I would vote to reject this deal.”
My question, again, is for the minister. Why is the minister forcing Tim to join a union he doesn’t want?
Hon. C. Trevena: I’m sure the member opposite did tell her constituent that it’s really the honesty about what community benefit agreements are, that we’re using the same 19 unions that their government did when they were in government — the opposition, when they were in government.
I know that the opposition did have a relatively good relationship with one union just before the last election, Ironworkers 97. There were photos with the former Premier, Christy Clark. That union had some thoughts about our community benefits agreement.
I would like to quote from Doug Parton, the business manager, about the community benefits agreement. He’s talking about the Golden Ears Bridge, what was there, and I have mentioned before about how the Ironworkers had to bring pizza down to help people. But I’d just like to quote from Mr. Parton.
Mr. Speaker: Thank you, Minister.
The member for North Vancouver–Seymour on a supplemental.
J. Thornthwaite: I don’t quite know what that answer was, but I’ll continue on.
Carmen Elebracht is a fourth-year electrical apprentice. She, too, is in the gallery today. The question she has for the minister is: “I don’t see how giving a monopoly to unions controlling 15 percent of the workforce helps anyone, certainly not the workers. Why not take a collaborative approach with all of the industry and let workers decide who represents them?”
Again to the minister, could we please get an answer? Why is this minister forcing Carmen to join a union she doesn’t want?
Hon. C. Trevena: We are using 19 unions in a union worksite in our community benefits agreement projects, as the members opposite, when they were government, had union worksites too. They had Waneta dam, John Hart and other Allied Hydro projects. They were union projects.
I’d like to go back to their union, the Ironworkers. Mr. Parton, the business manager, was involved in the Golden Ears Bridge project, one of their flagship public-private partnerships. Mr. Parton asked this. He was a strong…. His union supported the previous government at the last election.
He said: “But I ask this. Where are the community benefits on that bridge?” — meaning the Golden Ears Bridge — “Where was the training of the next generation of ironworkers, labourers, carpenters or whatever? We got nothing out of it, except a big bill. An employer there made out with a bunch of money, and there was no benefit to B.C.”
We’re investing in the people of B.C. We’re investing through apprenticeships. We’re investing in Indigenous people. We’re making sure that the people of British Columbia get the benefit when we’re building infrastructure.
MEETING BETWEEN TRANSPORTATION
MINISTER AND
WORKERS
A. Wilkinson: It’s so good to hear that the Minister of Transportation is concerned about workers. It’s so good to hear that she’s interested in meeting with them. It was great to hear her say last week: “If the opposition would like to share with me the details of the people that have been in touch with them, I’d like to talk with them myself, because there’s obviously a concern.”
The minister’s office is up here behind me to the right, and in a short 20 minutes, the four people we mentioned today — Tom, Natalie, Ryan and Tim — will all be available to meet with the minister at her convenience on her way back to her office.
Will the minister meet with these workers and explain to them why they’re being shut out of employment for the next five years?
Hon. C. Trevena: Of course I’ll meet with them.
[End of question period.]
Tabling Documents
Mr. Speaker: Hon. Members, I have the honour to present a report intituled Interim Assessment of Implementation of Recommendations — Misfire: The 2012 Ministry of Health Employment Terminations and Related Matters from the Office of the Ombudsperson.
Orders of the Day
Hon. M. Farnworth: I call second reading of Bill 49, Professional Governance Act.
[L. Reid in the chair.]
Second Reading of Bills
BILL 49 — PROFESSIONAL
GOVERNANCE
ACT
Hon. G. Heyman: I move that this bill be read a second time now.
The proposed Professional Governance Act has been developed to fill a need identified by many British Columbians to better protect the public interest in relation to professional reliance. The purpose of the proposed act is to provide improved and consistent oversight and safeguards concerning professional conduct and services, specifically for the professions involved in decision-making in the natural resource sector.
This bill has been prepared after this government’s consideration of the independent Final Report of the Review of Professional Reliance in Natural Resource Decision-Making, released earlier this year and following extensive consultations with Indigenous nations and stakeholders, concerning the policy elements for the bill itself. These stakeholders include the professional regulatory associations concerned, employers of regulated professionals and a range of other citizens concerned about natural resource management and public oversight.
Over 4,000 responses were received and considered during the engagement process for the professional reliance review and, subsequently, through the consultation process supporting the development of this legislation. Many meetings with the five professional regulatory associations named in the bill were invaluable for their knowledge and expertise on professional governance with respect to their professions.
A bundled engagement process on wildlife management, species at risk and professional reliance matters was conducted by government staff, with 105 Indigenous nations participating in 15 regional sessions from May to August of this year.
There were also face-to-face discussions with individual First Nations, as well as two on-line sessions that focused exclusively on professional reliance, with eight First Nations participating.
A two-day advisory round-table workshop included representatives from community groups, professional regulators both in and outside the natural resources sector, the business community, labour unions, environmental organizations and coastal First Nations.
Staff in my ministry also met informally with a number of industry associations during the development of this bill, including the Mining Association of B.C., the Canadian Association of Petroleum Producers, the Council of Forest Industries and the Association for Mining Exploration.
In addition, a number of resource companies participated in the advisory round-table workshop and met bilaterally with ministry staff. Discussions were also held with the Provincial Forestry Forum and the Forest Practices Board.
As a result, this bill is the product of thorough engagement with a wide-ranging cross-section of organizations and citizens that want to see effective and trusted management of our province’s natural resources.
Perspectives do, of course, vary, but a common goal is that professional reliance, in the context of natural resource management and decision-making, must happen in a way that is transparent and accountable to government and to British Columbians around the province.
To that end, this bill establishes and provides for the functions of a new office of the superintendent of professional governance to be located in the Ministry of Attorney General. This office will be a centre of expertise in professional governance and will have the authority to carry out various functions as required or authorized by the act.
The act will initially apply to the key five professional regulatory associations that govern professions involved in land and natural resource use decisions. These are: the B.C. Institute of Agrologists; the Applied Science Technologists and Technicians of B.C.; the College of Applied Biology; the Association of Professional Engineers and Geoscientists of B.C., also known by the shorter name, Engineers and Geoscientists of B.C.; and the Association of B.C. Forest Professionals.
The office will be charged with administering the act and keeping the public interest front and centre as it works with the professional regulators, regulatory associations and other stakeholders to develop effective regulations to fully implement the act.
The superintendent will have statutory authority to issue guidelines for consideration by professional regulatory associations, to conduct investigations and audits of professional regulatory associations, to issue directives, to take enforcement action in relation to offences under the act and to appoint public administrators to take over some or all duties of a professional regulatory association, as a last resort.
The intent is that the superintendent and professional regulatory associations will work collaboratively to identify issues and make improvements so that there will be no need for the superintendent to resort to enforcement measures. However, these measures will be available, if this bill is enacted, as final safeguards to ensure that the public interest is protected.
The act includes requirements for the professional regulatory associations to report annually to the office with respect to their effectiveness as regulators of their profession. This information will inform annual reporting by the superintendent to the Attorney General concerning the effectiveness of the act. The superintendent may also be called on by the Attorney General to make recommendations for changes to improve the act.
In addition to overseeing the professional regulatory associations operating under the act, the office will be empowered to look into the state of practice of professions generally in British Columbia and will be able to make recommendations to cabinet regarding the designation of additional professions under the act to safeguard the public interest.
The professional regulatory associations under the act will operate with a common set of standards and associated requirements to bring consistency, improved transparency and accountability to their respective professions. For instance, the act sets standardized duties and responsibilities for professional regulatory associations, the first of these being the duty to serve and protect the public interest.
The act also standardizes and bolsters the complaints and discipline process for professional regulators. The size and structure of the governing councils of professional regulatory associations are also standardized in this bill to ensure that these councils have greater public representation and are made up of individuals who possess the competencies needed to govern their respective associations.
The provisions in this bill are designed to strengthen and focus the responsibilities of professional regulatory associations governed under the act to regulate their professions. Councils are given the authority to adopt bylaws without member ratification, subject to oversight by the office. Certain forms of advocacy currently allowed in existing professional statutes that do not necessarily align with the public interest are eliminated.
Authority is also provided for any professional regulatory association governed under the act to regulate firms that employ professions in the regulator’s practice area and to set requirements in key aspects of professional regulation, including ethics, conflict of interest, continuous professional development and quality management.
This bill also extends practice rights to these professional regulatory associations that currently have the exclusive right to their professional titles but not exclusive right to practise their profession. Specifically, the applied biologists, the agrologists and the applied science technologists and technicians will be enabled to have this right under the act.
This bill also brings new obligations for the individual professionals who are governed by the professional regulatory associations under the act. Individual professionals governed under the act will be required to declare their competency for the specific work they undertake and declare any real conflicts of interest or circumstances that may reasonably be expected to give rise to perceptions of conflict of interest.
Professionals will also be required to follow a common set of ethical principles and report when the conduct of other professionals poses a risk to the public and the environment. The act also includes new whistle-blower protection for those that report in accordance with this requirement. Finally, requirements for continuous professional development will be new for some of the professions under this act.
After roughly 15 years of experience with the enhanced professional reliance model, it is reasonable and necessary that government reflect on this model and take steps to address issues that were identified in the review concluded earlier this year as well as in other reports over the last decade. This act and the proposed office of the superintendent will address areas in the professional reliance model that need to be improved.
This government is responding to public concerns about a need for more oversight and transparency to ensure that professional regulatory associations and their members are clearly placing the public interest first and foremost. A similar approach to governance of professional regulatory associations has been successfully adopted in other sectors and jurisdictions over the last decade, most notably in the health sector here in B.C. and in the United Kingdom.
This proposed act would put a governance framework in place that follows international best practices and helps professional regulatory associations to strengthen their role in protecting the public interest and to improve public trust in professional oversight.
I’m proud to introduce this bill, and I look forward to debate.
P. Milobar: It’s my pleasure to rise and take my place in the debate around Bill 40, in second reading. Or Bill 49 — sorry. Wishful thinking, maybe. Bill 40 is the proportional representation bill.
Bill 49, the Professional Governance Act, frankly, could be retitled the “Take a sledgehammer where a fly swatter is needed” act. I’ll delve into that through my comments here as we move forward.
I don’t think there’s a concern about regular review, regular re-engagement of professional bodies to make sure that best practices are followed, that modernization is happening, that the public is being well served by those bodies and that government is being well served by those bodies.
But Bill 49 does that and so much more, and that’s, I think, where our underlying concerns on this bill are. This bill, as witnessed by being introduced by the Minister of Environment, seems to be very heavily targeted with a very specific outcome already underway and undermined.
I say that because once implemented, this bill will be fully managed and used and regulated through the Attorney General’s office, not the Minister of Environment’s office, not the Minister of Forests, Lands, Natural Resource Operations and Rural Development’s office — any of the other ministries that these five organizations actually touch upon on a regular basis. It’ll actually be managed by the Attorney General’s office. Yet it’s a piece of legislation being brought in by one of those other four ministers instead.
I think that’s what creates some of the underlying concerns — when you talk to agencies, when you talk to some of the groups that have been consulted on this — where this bill has landed. This bill has landed to the extreme of trying to make some changes within some of these bodies and how they self-regulate themselves and how they work forward.
The fact that there may be some oversight, I think people can understand, is a desired outcome in terms of wanting to make sure there is that public confidence within any of the projects as they’re getting reviewed. However, with such a strong focus on simply the natural resource side of the great many tasks that all of these associations do…. They do so much more than simply natural resource work. In fact, I believe the engineers…. Only about 20 percent of their membership actually works within the natural resource industry.
However, 100 percent of their body will fall under this act, which has been created expressly, as the minister has said, to try to work on natural resource projects and natural resource codes of conduct and standards of care, which leads you to wonder. How does that, such a heavy reliance and such a heavy view towards the natural resource side, come into play, when people within those scopes of work that are doing something totally outside of that type of natural resource work come into play?
When you look through the bill, there are some very concerning aspects to it. First and foremost, and probably the most significant, is the absolute power that would be granted to the superintendent in this bill. The superintendent in this bill would have absolute power. The superintendent in this bill would be able to look at an organization that’s not currently under this legislation, a professional body, and deem that they feel that professional body should fall under this legislation.
Now, that professional body would have no say in the matter. They could protest. They could make a case for why they don’t think they should be. But if the superintendent is so inclined to demand that they become part of this legislation, it’s as easy as making a recommendation to the Attorney General, and then that is so.
If the superintendent under this act deems that two associations should be joined to form one, the superintendent can consult with those two professional bodies to see if they would like to join together and become one. So he could talk to, say, the agrologists and the foresters and say: “Hey, it might make sense that you two become one professional body. Why don’t you talk together and see if you can’t work this out?”
Now, my hunch would be that those two sides would say: “Thank you so much. We’ve talked about it. We’re not interested in joining together.” One would think that would be the end of it.
But no, under this Bill 49, the superintendent can still turn around and say: “Well, I still think it’s more appropriate that you two actually join.” Whether or not the agrologists and the foresters agree, the superintendent has the power in this legislation to make that so. He has the ability to amalgamate professional bodies together, whether they want to be amalgamated together or not.
That is not oversight. That is an overreach, and that is the biggest problem that I’ve been able to find in this bill. Going through an update with staff, a briefing with staff ahead of time, they confirmed many of our interpretations of some of the sections in this bill, because that’s ultimately what this bill says. This bill says that the superintendent has ultimate power. The superintendent, if they believe that either an organization should have passed a bylaw or a bylaw would be appropriate for them or a piece of code-of-conduct policy would be appropriate for them….
Whether those organizations, the engineers believe that would be a good piece of bylaw or a good code-of-conduct policy to have, the superintendent has the ultimate authority under this new legislation to implement it regardless of what those professional bodies say. As much as this sounds like it is a wonderful thing to try to get those organizations to rely on best practice, even if it’s a proposed bylaw that would not actually be best practice but a personal opinion of a yet-unnamed superintendent to put into effect, those bodies would now be beholden to that bylaw with no recourse.
There is whistle-blower protection like crazy in here for people within these organizations to report, because there is a duty to report, and I can understand that, but there’s no whistle-blower protections for anyone feeling that the superintendent might be acting out of order.
Again, it’s creating a situation where over time, the superintendent will have too much authority, too much autonomy and too much power without proper checks and balances. The minister referenced the word “intent,” and the minister’s staff in our briefing referenced the word “intent” on a couple of questions. Well, intent is wonderful, but this is a legal document. It’s not about what the intent of the drafter of the legal document thought was going to happen. It’s not what the intent of the minister might be. The minister may have the best of intentions in the world as it relates to how the superintendent should operate.
The Attorney General who will oversee this could have the best of intentions, regardless of political stripe, for how this is going to be done. Then there’s a new Attorney General in office, maybe there’s a new superintendent hired, and maybe there’s a new staff person in the background. There’s always movement happening in government. Nothing is an absolute.
From that, intent goes out the window. The person that drafted the legislation had a certain intent in mind, based on direction from the minister — who gave the intent of what the minister would like to see this drafted around. It was followed up by an Attorney General that, one would assume, was somewhat involved in the drafting of legislation that they will now be responsible for moving forward. All of those people’s intent is no longer relevant. What are the legal powers and authorities written in this document, and what does it legally allow the superintendent to do? What does it legally allow the Attorney General and cabinet to do?
In this bill, it puts way too much power and authority into the hands of those people when you’re talking about the oversight of, to start with, five. It could actually drop down to two or three as the superintendent decides to amalgamate a bunch of these groups together. Then it can actually grow again as the superintendent starts to go a little further afield with some other professional organizations, and say: “You need to be under this legislation. You are now under this legislation.”
That’s the overriding problem here. The superintendent is unlike other offices that would be statutory in nature. If you think of the Auditor General, the Privacy Commissioner or offices of that nature, those are appointed by a committee of this House. Those people answer to this House as a whole. This superintendent is hand-selected by the Attorney General and cabinet. Their tenure solely lasts at the will of the Attorney General and cabinet.
There are lots of positions out there that are like that if you sit on a board. I don’t take issue with the fact that the four laypeople on the five boards would be appointed and serve at the pleasure of the minister. I get that. I was on the B.C. Transit board. It’s very clear. You serve at the pleasure of the minister. I understand that. That’s at the board level, though. That’s a board member at a board level. We have so many boards out there. That’s the only manageable way to make something like that happen, from universities to transit to Hydro. You name it. That makes perfect sense.
What doesn’t make perfect sense, though, is when you’re appointing somebody that will be able to have ultimate control and ultimate direction over five professional bodies in a piece of legislation that is supposed to control those five professional bodies as a whole, yet has been crafted specifically, by the minister’s own words, with a focus on natural resource.
I don’t know many elevator technicians that need to worry about the natural resource sector and UNDRIP, but they fall under this. This has been crafted 100 percent in a way to try to knuckle down on the natural resource industry and try to shut things down. Let’s be very clear about that.
When you look into areas around “duty to report,” the section around “duty to report” in this…. Again, clarified by staff in the briefing, and with 157 or 158 sections of this bill to go through, I’m sure it won’t be a short committee stage of this bill as we delve into trying to get answers from the minister on each section. But at a high level, when we queried what “duty to report” would mean…. It says that if you’re a professional and you believe there may be harm being done to the environment, you must report.
My question was: if I’m a forester that’s out for a drive on the weekend, and I’m driving by a cutblock, and just by my eye, with the terrain of the hill, I feel that they cut 15 feet too close to the road, do I have a duty to report the other forester, who probably did months and months of work trying to figure out the proper guidelines of where that cutblock should be?
The answer back was: yes, because if the person on a Sunday afternoon drive — a forester, a professional — feels there may have been harm done to the environment, they must report. In fact, if they don’t report, they find themselves in hot water. There’s no definition around what “may” and the level of damage to an environment may be, but one can see where it doesn’t take much for this to expand.
Now, I go back to the elevator service person — who would fall under ASTTBC, I believe — or other such types of technicians. Very skilled in what they do, very knowledgable in what they do, they fall under this professional model as well. If that person is going fishing for the weekend and just has a personal opinion that they feel that that cutblock is too close, do they have a duty to report? They fall under this. Their professional code of conduct says that if they think something may be harming the environment, they must report it. If they don’t, do they face sanction?
Are we turning an office that is scheduled to have an original staff of 12…? I would suggest it’s going to take a lot more than that, because of the amount of potential reporting coming in, because of what people think may be happening out there — people that might have zero training as it relates to that field but that fall under this legislation in one of the five categories and that do work that’s totally unrelated to anything to do with natural resources. It actually says that it’s their professional duty to report. That’s what it says in this.
When you look at this bill strictly with a lens as a forester, only about foresters, you can understand the duty to report, forester to forester. That will work out over time, I’m sure. There’ll still be some differences of opinion, absolutely. But when you start looking through the duty to report in this whole bill and how it’s all-encompassing, it’s mind-boggling — the overlap and the situation that the government is putting into place with this bill, instead of tightening up and working with these organizations to get some better oversight. Again, they are going to the extreme.
Now, we’ve heard a lot about the “public interest” and the public good. The minister referenced that several times in his opening comments. Yet there is no definition for that in this. We have pages of definitions. We don’t have pages of definition — or even one paragraph, one sentence of definition — around what that means, yet it’s integral to how the superintendent is going to conduct their duties.
The minister’s own staff were not able to provide us…. Again, I don’t take issue with the staff. I think they’ve done a wonderful job. They have taken their direction from the minister and other ministers.
One would presume, since this touches on, actually, four ministers’ purview, that they would have taken direction from all four — and in fact a fifth minister, the Attorney General, who would have had nothing to do with these groups to this point but now is the overseer of all five. One would assume that these staff took direction, and I believe they did. I believe our professional public service does exceptionally good work at a very high level. They can only provide back, though, that under what direction they’ve been given.
One has to believe that the direction they’ve been getting from government is to make sure that this is solely focused on the natural resource side of the equation. There was a total lack of oversight in how these will work in practicality with all people in these professions under this act that now have a duty to report and now have to make sure that the public interest is being considered. But there are no definitions for them to operate under, so they’ll be left to their own.
There is not something as easily answered as potential conflict of interest. Now, potential conflict of interest, I agree, comes down to one’s own perception of what may or may not be conflict of interest. When you ask a question, in my mind, as simple as….
Does this mean if you are a forester and you work for a private forestry company, you would be considered in conflict of interest if you turned around and worked for B.C. Timber Sales, if you worked for the government on a separate contract? It may be in the same valley but a different cutblock. Would that put you in conflict of interest? Would you no longer be able to do contract work for the government and contract work for the private sector if you’re a forester? They can’t answer that question.
One would think that with a bill that’s had so much consultation and so much discussion, as the minister alluded to, the fundamental issues like that would have been worked out and thought about, and what those ramifications mean to these professionals. This is about these professionals being able to hang on to their ability to do their craft, to be able to say that they are professionals, to still be able to have a job, to still be able to provide for their families and know what rules they’re operating under.
Yet under this legislation, there’s no clarity there. It’s not good enough to say: “Well, the intent is this.” Intent is wonderful, but discipline tribunals don’t look for intent. Discipline tribunals will look for the language of the legislation and say you were in contravention. That is a problem.
For this and many other reasons that I’m sure my colleagues will be getting into, I have a hard time supporting this. We don’t know, don’t even have a ballpark of what the cost of this office will be. It will be run through the Attorney General’s office. They say it starts with 12, but one only has to guess how much that will actually cost. It appears that the superintendent doesn’t actually even fall under the public sector act, so the superintendent appears to have the ability to negotiate whatever pay packet they decide would be reasonable for them one on one with the Attorney General.
That seems a little odd to me, but we’ll get clarification of that going through committee stage. But it would seem strange that somebody that not only owes their whole job to the Attorney General and cabinet and gets fired, potentially, by only the Attorney General and cabinet can also go in and negotiate their own pay packet and make sure that if they want to see that pay packet still continue on…. You know, where is that line of separation when they keep reporting back to the person that has the ability to fire them? Where is the independence towards these five groups with the superintendent’s office?
I know the intent. We, hopefully, will hire the person with impeccable qualifications, but that doesn’t guarantee person No. 2 has impeccable qualifications. It doesn’t guarantee that someone with this much power doesn’t wind up in the midst of political changes and back-and-forth debate and back-and-forth ideology that happens around this place.
That doesn’t provide stability to these five organizations. That’s doesn’t provide stability to the general public. That doesn’t build confidence. That just creates uncertainty and a patronage appointment that gets to set their own pay scale. That’s very troubling.
There doesn’t seem to be any length of term for the superintendent to serve. They’ve got lots of language in there around the councils that get appointed, the seven professionals and how they get appointed, the four laypeople and how they get appointed. And I agree that they should be merit-based, like they have laid out in the legislation. So they’ve done some things right in this legislation.
I can’t find a length of term for the superintendent. Is it a job for life? No one really knows. If they get to negotiate their own pay packet, that also means they get to negotiate their own parachute of severance, if they don’t fall under the same guidelines the rest of the public service would fall under.
The bylaws that are drafted by the councils have got to be given to the superintendent. The superintendent screens them. The Attorney General, through the Lieutenant-Governor-in-Council, then introduces them into regulation. Again, it doesn’t matter what the professional organizations say.
Those bylaws could just die a slow death and go nowhere? Or if those organizations aren’t cracking down on development quite like the government would like to see, then that can be created with this bill. The superintendent has the power to do that. The superintendent has large, wielding powers when it comes to investigations. The superintendent has the ability to pretty much do as they please.
Now, that’s not, again, oversight. That’s an overreach. This bill has taken what started out to be a reasonable concept moving forward. And although the government will say they consulted, consulting and reaching out to hear what people have to say and actually listening to or taking any of their advice are two totally different things. I have a hard time believing…. In fact, some of the groups have said, even as this was being developed, even as the intentions papers and that were being released, indications from government around the consultation….
These organizations had said that the biggest, troubling piece they have out of this is the power and the overreach that a superintendent could have. Yet that’s exactly what we see in here. We don’t see it tempered. We don’t see it managed. In fact, it’s almost like the government heard those concerns and said: “Well, you know what? Maybe let’s stack on the authority of the superintendent even more. Let’s make the superintendent even more powerful, just to show these organizations who’s boss.”
If you look and wonder why some of the organizations aren’t going to be overly vocal in this…. It really doesn’t take much of a stretch to understand why. If you look at where and how much work is contracted by the government for some of these professions, it’s pretty hard to stand up and publicly say to the person that’s hiring you for the majority of your work that you don’t agree with this overreach.
It’s incumbent upon us to stand up and speak for them and say that this is exactly what it is. It’s an overreach. It is creating the office of a superintendent that will do nothing to further the professionalism of these groups, other than create a bureaucratic nightmare for them. The only reason you would need a superintendent with this much power is if you as a government are not happy on the natural resource side of the equation that there have not been more restrictive bylaws put into place to try to prevent people’s scope of practice and try to create an environment where everyone is nervous about what it is they’re doing and designing.
That’s all this bill does. For the most part, there are many sections of this bill that actually speak to existing bylaws within these professions, so it’s not changing any of that. This bill is trying to recognize…. By making a board for each one, with seven professionals within that professional body on that board governing it, there is obviously capacity within those organizations to manage themselves.
[Mr. Speaker in the chair.]
But instead of making sure that those groups can still work independently, it’s created a situation where there is an all-knowing, all-powerful superintendent, and I think that’s untenable. That’s something that we need to get a lot more information on as we move through committee stage, questioning the minister on this.
Noting the hour, I just need some guidance here. I’m pretty much done with my comments, but we have other speakers. So how do I phrase it?
Mr. Speaker: Perhaps, rather than have another speaker, unless the next speaker believes they can be completed in a couple of minutes.
P. Milobar: No, I will just adjourn debate.
P. Milobar moved adjournment of debate.
Motion approved.
Hon. D. Eby moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:51 a.m.
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