Fourth Session, 41st Parliament (2019)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, April 30, 2019
Afternoon Sitting
Issue No. 243
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Orders of the Day | |
Proceedings in the Douglas Fir Room | |
Proceedings in the Birch Room | |
TUESDAY, APRIL 30, 2019
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
R. Chouhan: Mr. Speaker, it’s my pleasure to welcome some special guests who are in the gallery today. I understand they had a wonderful lunch with you as well — very enjoyable.
We are very pleased to host a visiting delegation from the German Bundestag. The delegates had the opportunity to meet with members during lunch, and they have a number of meetings planned with officials from various ministries this afternoon. They are Bernd Rützel, Prof. Dr. Matthias Zimmer, Martin Erwin Renner, Dr. Tobias Lindner, Henning Otte and Sandra Weeser. The members are accompanied by Dr. Klaus Schmidt, consul general; Geoff Gartshore, counsellor, political affairs, Canadian Embassy in Germany; Franco Legiano, Office of the Parliamentary Groups; and Bernd Saure and Carola Garth, two interpreters with their delegation.
Would the House please join me in welcoming these wonderful people, Members of Parliament, to British Columbia and to our Legislature.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued second reading debate on Bill 28, the Zero-Emission Vehicles Act. In Committee A, the Douglas Fir Room, I call continued debate on committee stage of Bill 4, Witness Security Act. In the Birch Room, I call continued debate on the estimates of Indigenous Relations.
[J. Isaacs in the chair.]
Second Reading of Bills
BILL 28 — ZERO-EMISSION
VEHICLES
ACT
(continued)
S. Gibson: I appreciate this opportunity to make this presentation today on behalf of my constituents in the Abbotsford-Mission riding. I appreciate the opportunity to represent them here regarding Bill 28, the Zero-Emission Vehicles Act. Important legislation but it requires considerable attention, I think, by every member of this House.
The implications are significant. I think all of us…. There’s unanimity in this place with regard to the desirability of reducing emissions significantly, and these kinds of vehicles that we’ll be discussing today are all a part of that paradigm.
There are some reservations that rise to the surface as we examine the materials that have been disseminated. I want to thank the minister for arranging a briefing. A number of my colleagues went to a proposed Zero-Emission Vehicles Act briefing, which was quite helpful. We were able to engage the staff with some questions that we thought were relevant, and I believe most of their responses were timely and well-thought-out. So I want to make that comment here.
It’s my concern that what I would call a measure of hollow optimism, as government moves ahead with this, in some ways quite expeditiously, notwithstanding the long window which will approach us quicker than we might imagine — 2040….
We do acknowledge, I believe, on this side of the House the desirability of pursuing lower emissions, ultimately leading to zero emissions. The question is: at what price, and how is that executed?
As I talk to my constituents, there is the realization that the internal combustion engine will continue in many iterations but that its application, particularly as we pursue this means, is something that will be reduced over the years, perhaps significantly.
I do want to honour government to this extent. I believe the intentions are good. I believe that they’re honourable. Of course, we would agree that it’s a tampering with the marketplace. Who better knows how to provide these kinds of vehicles to the public but the manufacturers and dealers themselves? So the vision that the government has may not necessarily be congruent with the aspirations of the various companies that make these vehicles.
Now, there are a lot of vehicles registered in our province. As a matter of fact, interestingly, in my riding of Abbotsford-Mission, I’m advised that in the Abbotsford side of the riding, it’s the most percentage of vehicles per population. In other words, we have a 140,000 population in Abbotsford, and the largest percentage of those adults own a vehicle. You can tell we are a very vehicle-oriented community, and we’ll continue to be so around it.
I also want to make some comment with regard to what industry’s aspirations are. I was having a look at the growth of the Nissan LEAF, which is the largest electric vehicle, EV, sold in the world — hundreds of thousands sold in the U.S., Japan, Canada and other places. But it should be noted that this vehicle was really brought about by the initiative of Nissan itself and, in particular, the CEO. He said to his team: “We need an electric car.” The result, of course, is one that is selling widely in all parts of the world.
Although it’s true that the nature of society was moving in that direction, it was not regulated. I want to make that comment. Wherever commerce is regulated, you need to be suspicious. You need to remember that the values that government imposes on the free marketplace will have some repercussions.
I’ve noted, in particular, that the profitability of companies is essential. If companies can’t be profitable making these kinds of vehicles, zero-emission vehicles, then so what? The companies will collapse, or there’ll be other issues and maybe some bailouts. We’ve seen bailouts of car companies, a number of instances, in the financial crash in the U.S.
It’s interesting to note that a Labour government in the U.K. — which would be characterized as a left-of-centre government, perhaps similar to the government here — nationalized a good portion of the auto industry in the mid ’70s in the U.K. Of course, subsequently, that auto industry collapsed, and now you see that the manufacturing of automobiles in the U.K. is, largely, boutique luxury vehicles.
I want to make that point. I’m hoping that government will review that, because as we move in this trajectory, which is laudable to some extent, we are saying to the manufacturers: “This is what we want you to do, and here’s how you’re going to do it.” I’m a bit alarmed about that.
In addition, the changing marketplace is going to have an impact, repercussions like little dominos clicking together, with regard to the future of the internal combustion engine. It should be noted, for the record, that the internal combustion engines today, with all of the catalytic converters and the other paraphernalia that are added to vehicles, are considerably cleaner than those that I had as a university student, driving my big, gas-guzzling, old V8 Buick.
I wanted to make that point. Although I’m not saying that we shouldn’t be pursuing these kinds of vehicles, it should be noted that internal combustion engines now are much cleaner than they’ve ever been, which is why the AirCare stations have been closed in the Lower Mainland. They really were no longer a necessity.
The planning for this is in place. I won’t review too much, other than the fact that there’s a sequence of requirements, and I think that’s a good thing. But in terms of history, we’re going to accelerate it quite dramatically, to the point where we are going to have a full imposition of this policy in 2040. So it’s a significant change.
Also, I would recommend to government that they have a plan in place to review what the future of the internal combustion engine is, with regard to those vehicles above a Ford 150 pickup and all light-duty vehicles. I’m advised, when we had the briefing, that every other vehicle above that would be still internal combustion. Now, that may be moderated in due course, but that’s the plan right now. You’ve got larger pickups and other vehicles — delivery vans, small buses — that are all going to have internal combusion engines. As we are adding more of the charge stations, then, of course, the need for more gas stations is going to be really compromised. This is another implication.
I might add, as well, that the whole infrastructure of our society is, in many cases, based upon the availability of people to work on cars, work in the transmission repair places. In all of the shops and those other kinds of businesses in my community, they’re working on cars — transmissions, air-conditioning, radiators, all of those things. Most of these will not be found on the new EV cars. Now, I’m saying that, really, to point out to government that when you interfere with the marketplace dramatically — and I understand the aspiration — there’s going to be an effect of connecting with people who are feeding their families by taking care of internal combustion vehicles.
Of course, there are going to continue to be used dealerships selling these kinds of vehicles. Eventually they’ll disappear, if that ultimately is the case.
We need to remember that. On both sides of this House, we’re glad to have people working on cars. I would say that everybody in this room knows somebody who has a livelihood working on internal combustion vehicles — whether it’s the radiators, the transmissions, whatever it is. Many of these components are not found on zero-emission vehicles.
I want to make a comment, if I may, with regard to government’s attention to the manufacturers. When we had our discussion, it was really an emphasis on the manufacturers of vehicles. Some, of course, are more prepared than others. There are companies that are just starting to get into zero-emission vehicles. Mitsubishi is coming into it, and we know Chevrolet is working at it. Of course, the premium companies, such as Tesla and others, are grabbing a lot of headlines with some pretty amazing cars, but they’re out of the reach of most people. I want to speak to that in just a moment.
With regard to automobile manufacturers, I think we have to be quite careful in trying to understand who they are. Just because a company calls themselves Chevrolet and they get the acknowledgment or recognition, it doesn’t mean that they make those cars. Many manufacturers will buy one vehicle and put their label on others. A recent example is a car made by Subaru, but Toyota puts their name on it. It’s a sports car. Some of you are familiar with that.
The auto industry is extremely competitive. I want to make sure that anything that this House supports is sympathetic to the fact that the auto industry operates sometimes on razor-thin profitability.
Interestingly, when you look at a car…. You’ll see a Volvo drive by on the street. Most of us will think of Volvo as being a Swedish car. As a matter of fact, it’s now owned by Geely, out of China. The Lotus, which we think of as an English car, is also owned by the Chinese.
Jaguar has just produced their brand-new, first zero-emission car, a very handsome car and very expensive, which I’ll speak to in a moment. Jaguar and Land Rover are both owned by Tata of India.
You might say: “Well, what’s the relevance?” The relevance is that if we’re going to start categorizing companies and doing our best to encourage them to produce the cars that we want to see here, we’d better make sure that we’re categorizing the cars appropriately and under the correct manufacturer.
I want to say, in addition to that, that my comments regarding the competitiveness of the auto industry…. I think we all know around here, this place, how many car marks, companies, have declined or died in the last few years. I just casually made a list, and some of you here could probably help me with the list. I remember Mercury. Mercury is gone. Plymouth is gone. Pontiac is gone, Oldsmobile, Hummer, Scion, Suzuki and many others. Well, these were pretty big names. When I was a young student in university, I owned a couple of Pontiacs. They were pretty nice cars. They’re gone, and that was a result of GM’s bankruptcy.
We’re a small market here in British Columbia, if you contrast the overall in Canada or the U.S. However, I think we need to be sensitive to the fact that car companies are vulnerable. We need to make sure that when they produce zero-emission vehicles, they are doing it in a trajectory that they feel comfortable with, not one that we impose on them.
What about these zero-emission vehicles? I worry significantly that these cars are likely going to be out of the price range of average families. On both sides of this House, we characterize our work we do here as benefiting families, in particular. Well, if you look at the zero-emission vehicles, I believe a Nissan LEAF is early $40,000s, $40,000 plus for a small car. That’s out of the range of a lot of young people and young families. Tesla makes three different models. The two most expensive ones are around $140,000, $150,000 — something in that area, putting on options. Their new one, which is kind of a mid-size, I’m given to understand it’s around $60,000 to $65,000 — out of the range of most people.
We can see that government needs to think about the implications of that, because if they’re going to impose this dramatic model on the public and the public can’t afford these cars, what they’re going to do is just buy used vehicles that have internal combustion engines. I have a Toyota 4Runner ’02, not a very new car, and it’s got 215,000 kilometres on it. The guy that looks after it for me, my buddy, says to me that I can go probably 400,000 kilometres with that car.
You imagine in 2040, you’ve got all the lots filled with used internal combustion engine cars. Those are the ones that can be afforded by young families. It’s only going to be rich people that are going be riding around in the zero-emission vehicles. So you’re going to get a hierarchy of society. You’re going to have the people with limited means driving internal combustion engine cars, and then you’ve got the other folks driving the zero-emission cars. I think this government needs to be sensitive that they’re not having a kind of bifurcated society, bifurcated between those who can buy them and those who can’t.
One of the things that we’re going to have to anticipate is availability of power, clean electricity. I was very happy to see this government finally acquiesce on Site C and clean power, clean energy. I was very thrilled to be a part of a government that moved that goal forward to the extent that we now are constructing it and providing clean energy. But may I say that government, this government in particular, seems to be nervous about clean energy. I want to say that if we don’t have clean energy, we’re sure not going to have zero-emission vehicles.
In addition, I want to make the point that the point system — and I refer to the document that was disseminated here — is complicated. It’s not easy to understand. I had a look at it. My colleagues looked at it, and it’s a bit perplexing. We discussed it with staff.
I don’t think it’s insurmountable, but I can tell you that if a manufacturer is looking at a point system…. There’s a ratio. If you make this many vehicles, then you get this kind of point system. If it’s overly complicated, I wonder if some companies are going to look and say: “Why are we going to bother with B.C.? This is, like, really complicated. It’s only a small market. There are only five million people in the population. Let’s work on California more.” California’s population is more than that of Canada. What is it? It’s 34 million — something like that — against five million.
So I worry. If this document is too perplexing and too complicated, I fear that manufacturers are going to be quite uncomfortable. They won’t want to bother with this market.
Overall, I think it’s laudable that we’re going in this direction. However, I must say that I’m worried that this government hasn’t anticipated all the possible challenges. I think they’re moving in a trajectory that could be problematic. Yes, we need zero-emission vehicles on the road within a certain time frame. But whether we’re doing it in a way that’s respectful for families, for the auto sector, for dealerships, for people who work on cars right now — all of those things…. If it’s not respectful of them…. I think really, to some extent, it’s a social agenda, which isn’t bad, wrapped in some kind of ideal, which really compromises the objectives for this.
I’m going to register those concerns. I know we’ll be discussing it further. I do appreciate this opportunity, today, to speak to it.
Hon. J. Sims: It’s my pleasure to rise and speak in favour of the Zero-Emission Vehicles Act. As you know, our government is very committed. We have launched CleanBC. This is just one component of our total package to make sure that we have a program in place, policies in place, so that we’re taking actions to make sure that we’re looking after Mother Earth.
I don’t think there are too many people in this House who would be in denial about climate change. We don’t need to read scientific tomes to know that the climate is changing. We just have to turn on our television set and see images of the North Pole, and in the south, of the melting of the glaciers. We just have to look at the kind of climate we have experienced over the last number of years and see what kind of a massive shift has occurred, with massive fires, floods and temperatures that have varied greatly.
One of the ways of starting to address climate change is to take a look at our biggest polluters and start moving towards zero-emission vehicles. I’m so glad that my colleague across the way who just finished speaking spelled out that we have to do this judiciously. When we are bringing about this kind of change, it can’t just be a massive shift.
That’s why I am so pleased that this legislation does exactly what my colleague across the way was asking for. It’s not asking for the manufacturers and the retailers to have zero-emission vehicles in the next two or three years — 100 percent of their fleet, let’s say. The legislation requires automakers to meet increasing annual levels of zero-emission vehicle sales to reach 10 percent of the new light-duty vehicle sales by 2025.
We’re not starting from zero. We’re already at 4 percent. So I think that kind of an increase, up to 10 percent by 2025, is very judicious. Then, by 2030, to build up to 30 percent, and by 2040, we’re looking at 100 percent. The reason that I think this is a very thoughtful way to proceed is because it takes into consideration the very issues I’ve heard being raised here about transitioning, about transitioning the economy, transitioning our automakers.
We all know that when the automobile was first manufactured, it was out of bounds for most people. It could only really be afforded by the very, very rich, and very few people had a car or an automobile. But then as more people began to buy and more cars got to be produced, the prices became reasonable. I’m absolutely convinced that’s what’s going to be happening with ZEV, the zero-emission vehicles. That is exactly what is going to be happening with them, because as more are produced, more sales will be made.
I know that in our province here in B.C. — I’m only going to speak on behalf of B.C. — we do have a shortage. I have a number of friends who are on wait-lists. They have been waiting. I know that when my vehicle went through a need for a renewal…. I’m one of those people who buys a vehicle and then keeps it forever, until it kind of gives up. I had to go out and buy one a few years ago, and my first choice was to get a hybrid or an electric vehicle. Unfortunately, I didn’t have the luxury of waiting, and there was no vehicle available at that time that I could have purchased.
So the demand is definitely here. I know my children and my grandchildren vocalize this. They expect our generation to do something about climate change. They expect us to take steps to make sure that we’re looking after Mother Earth. And for those of you with children, you know that after our children finish kindergarten and grades 1 and 2, they come home and become the police for recycling as well.
I can remember me throwing a piece of paper into the wrong bin and getting a lecture from my little ones, saying: “Mom, you’re not supposed to do that.” Our children are very, very much into this, and they’re expecting us, as adults, to set policies, to set targets, to make sure that we do move into zero emission and are looking after the planet.
I’m so proud of the recycling that goes on in so many of our cities, especially of the organic waste. Talking about organic waste, I really want to talk about Surrey’s state-of-the-art biofuel plant. This facility will actually reduce the city’s carbon footprint by up to 50,000 tonnes of greenhouse gases annually. That’s huge. And who would have thought that your potato peelings and banana peelings could lead to this?
The city unveiled its new industrial-scale biofuel plant, and I had the pleasure of being there for the opening, the ribbon-cutting, and then getting a tour of this facility where organic waste will be converted into natural gas, which then fuels the city’s waste collection fleet. To me, that’s another example of a creative and innovative way of using our produce, our waste, to make sure that we are looking after our emissions. The Surrey biofuel facility has capacity to transform up to 115,000 tonnes of organic waste into biofuel, according to the city. It will reduce local greenhouse emissions, as I said, by 50,000 tonnes per year.
That’s a city that I’m very proud of, the city of Surrey, and the steps it has taken over the last number of years — not just the city but the residents of Surrey — in protecting our environment, getting involved with recycling and also in reducing our emissions.
As you know, Madam Speaker, April 13 is Vaisakhi month. Even though Vaisakhi was on April 13 here in B.C., we like to celebrate Vaisakhi all month. I think all of us have been to a number of Vaisakhi celebrations.
When I was in Kelowna this past weekend, lo and behold, they were having their Vaisakhi celebration there on that day. In Surrey, it was an amazing Vaisakhi parade. We had over 500,000 people in the streets of Surrey — safe, secure, eating amazing food and listening to some religious lectures along the way, as well, but really enjoying the Nagar Kirtan.
What was special about this Vaisakhi is the work that is being led by Bal and Sarj Sabharwal, two brothers from Surrey who are hoping businesses and families that serve free food at last year’s Vaisakhi parade would find alternatives to Styrofoam to cut down on the waste headed to the landfill. I believe that in Surrey, this was the first Styrofoam-free Vaisakhi. A huge, huge shout-out to the initiative of two citizens who took this upon themselves because they care so, so deeply about Mother Earth and about our planet.
When I talk about electric cars and the importance of us moving toward zero-emission vehicles, it is something that is no longer a luxury. It’s not something we can just keep talking about and hope it will happen by osmosis. We know that when we reach that target, then we have something to aim for. So does the industry. And it gives the industry a clear road map.
I don’t think the automakers are going to find it hard to read the charts that are going to be provided to them. If they do, I’m sure they’ll know which minister to phone. It certainly won’t be me. But I can tell you that giving automobile makers and the retailers a road map of the targets actually helps them to do the planning and actually helps them to transition from the old to the new.
That is really, really important, because that’s the kind of thing…. Businesses want to know that ahead of time. They don’t want to be surprised one day and then told a year later or smacked: “Why aren’t you doing this?”
I’m very, very happy with the way that this is going to be rolled out. It is a transformative tool. Setting targets will transform the production, but it will also be transformative in changing habits, as well, because we know that we need to have cars, clean electricity from batteries or hydrogen fuel cells. We need to have that up and running, and it is no longer something we can talk about.
I heard my colleague talking about the Tesla and the luxury end of that market. Absolutely, even in the traditional cars fuelled by gasoline, we have the luxury end of the car market as well. You know, you can go out, and you’ll see the Hummers being driven. You’ll see the Lamborghinis on the streets of Vancouver and Surrey. And you will see the luxury cars that we were talking about.
I’m sure that in the electric category, there will be luxury cars. But also, when you have targets like this and when the practice of the consumer is changing and the government is helping with that transformation, you know what’s going to happen? It’s going to give manufacturers that incentive. It’s going to allow them to do that planning. It’s going to allow them to start transitioning their workforce as well.
All of that is very important. And this is about growing jobs. It will grow jobs. Absolutely. It’s not about getting rid of jobs, as was hinted at earlier. This is about jobs as well. But we do know that zero-emission vehicles use cleaner energy. And absolutely, I don’t think there is anybody on either side of the House that does not support clean energy. Of course we do. It improves air quality, and it costs dramatically less over time to fuel and operate.
There was a time when even recycling was unheard of, and now we take it to be part of our lives. We either compost or we have a green bin, and it gets picked up and gets taken away. Electric cars. Yes, they’re still very expensive, but even at the expense they are at, there are people out there who are wanting them because they care about the planet.
There’s the luxury end, absolutely. Not everybody will be able to afford those. But as more vehicles are produced and we move more into the electric vehicle zone, I think what we will see is a dramatic shift in the prices as well.
Who would ever have thought that the other cars, the regular cars that use gasoline, would have come down in price from when the automobile was first invented, when only very few people and those with lots of money could afford to buy those cars?
So it is without any hesitation that I speak strongly in favour of this plan. One of the main reasons I speak in favour of this plan is it’s well thought out. It’s laid out like a road map, both for the consumer and for the automakers and those who retail. It gives them the time to make the transition that we must all make, because at the end of the day, what we have at risk is our planet, is Mother Earth.
As my colleague said earlier, from the other side, all of us want to move towards zero emission. Here, then, is a prime example for all of us to stand together and say that each and every one of us, no matter where we sit in this House, is committed to looking after Mother Earth.
J. Thornthwaite: I’m pleased to rise today to talk about Bill 28, the Zero-Emission Vehicles Act. The challenges that do come with climate change are an action item for all governments, and the B.C. Liberals are no different than that.
We do support — I support — the thrust of this legislation. Obviously, it sounds like a great idea with regards to moving British Columbia vehicles towards zero emissions.
Our government set the stage for that to happen. Basically, I’m talking about Site C. We had a lot of doubters from the other side. I know that it was a campaign issue in the 2017 election. I had a lot of people from the other side, the NDP side, telling me that the Site C dam was not needed.
Well, we’ve had folks from B.C. Hydro since tell us that if everybody is going to go to an electric vehicle, then we’re not going to need just one Site C dam; we’re probably going to need three. It was the leadership from the B.C. Liberals that certainly got that one started.
The other thing that…. Before I get into specifics about my situation, being an owner of an electric vehicle, I’d like to have a caution. I think there are a few cautions that my colleagues from this side have brought forward, but one of the main ones is that there’s a huge assumption in this bill that the price of zero-emission vehicles is going to be the same or go down. In other words, it’s the very foundation of this bill that zero-emission vehicles will be affordable. Right now they’re not affordable to the average person.
I’ve talked to numerous people, because they always ask me about my car, and then they want to know how much it was. Even with the rebate, they are not classified as a cheap car. One thing we do know is costs never go down. They always go up.
According to the bill, in six years, 2025, at least 10 percent of the new light-duty vehicles, sold or leased, will be zero emission. Then it goes up. Five short years later it is expected to triple again, making an increase in affordability critical. Then by 2040, all light-duty vehicles will have to be zero emissions.
The viability of this entire legislation, and for the targets for the zero-emission vehicles, relies on the affordability of the cars. Ten, 15, 20 years from now, the government is counting on price drops in technology to make zero-emission vehicles more affordable, to make the sales targets. I’m worried that this whole thing will fall apart if prices do not drop.
It was us, the B.C. Liberal government, that brought forward the proposal for the rebates — the CEV for B.C. vehicle incentives for point of sale, which I’ve been able to benefit from. But we worry, again, that it doesn’t necessarily mean that in the future these vehicles are going to be affordable.
Then just an aside, because I know that my colleagues from rural British Columbia will be bringing this up in more detail. What I worry about, and I worry about it with regards to the options of transit and other non-car ways of getting around, is that those of us who live in areas that do not have access to public transportation — or, in this case, say, a neighbourhood charging station and long distances…. We don’t want to punish those folks.
Certainly, in rural British Columbia, they seem to get the brunt of these decisions often that we make here in urban British Columbia. Even some of us in urban British Columbia don’t have those things close by. The point being is that I think we have to have an appreciation of how this legislation will affect my colleagues in rural British Columbia.
I’d just like to talk a little bit about my personal situation. I’ve had a 2018 Chevy Volt for almost a year. I was very pleased that I was doing my part for the environment by purchasing an electric car. The Chevy Volt, just so you know, is part gas, part electric. I get, on average, 85 kilometres on a charge, which is okay for bombing around in the riding and even Vancouver. But you can’t get very far if you’re going on a trip, certainly not in rural British Columbia, on 85 kilometres.
I do have a gas tank. So when I do go up to Whistler, because my sister lives up in Whistler, I basically make it to Squamish, and then it kicks into gas. Thankfully, Squamish gas is cheaper than here. Then you’ve got to try and find where you are going in Whistler and whether you have a plug-in. That’s where it becomes really interesting.
Although the idea of having an electric car came to me, and I enjoy driving it, the number one barrier right now is the lack of charging stations. I can charge at home, and because I don’t have a fast charger in my home, I use the regular outlet. It takes an overnight charge to get it up to snuff. If I am driving because I have to be somewhere at an appointment outside of downtown Vancouver — so going to visit my colleague in Surrey — there is no place for me to plug in close to the area that I want to go to meet that person.
I’ll give you another example. I’ve got some friends that live in the Interior. Traditionally, I would probably gas up in Abbotsford or Chilliwack and then head on the Coquihalla or the Hope-Princeton or whatever, wherever I’m going. But this particular example is what happened to me last year.
I thought: “Okay, this is going to be good. I’ll go to Abbotsford.” I was going to meet my girlfriend there, because she works at the university. I thought: “Well, the university will have charging stations.” Well, they do have charging stations, except that all of them were full. This is in the summer. Who knows who was filling up all of these charging stations, but they weren’t available to me.
One of the problems that I’ve noticed in owning an electric car is that there’s no etiquette when it comes to charging stations. People will go and park in those one or two charging stations that you’ve got in an area, and they’ll park there for the whole day. So everybody else that’s maybe commuting and coming to a meeting in that area and wants to plug in…. If it’s a fast charger, you can sometimes get it charged in a couple of hours, which is good. But if those charging stations are unavailable or full, then that kind of defeats the purpose. So back into gas.
Then what did I do? I didn’t get a charge in Abbotsford, so I decided to go to Chilliwack. Okay, notoriously, where you can fill up your car is at district halls. Municipal halls have charging stations. Are they always available? No. But sometimes they are. So I thought: “Okay, well, there’s….” I didn’t know where another charging station was. Yes, I do have the app that has the points of charging stations, but one of the ones that they alerted me to was this one at the municipal hall.
If you’ve ever been to the municipal hall in Chilliwack, it’s kind of out of the middle and not exactly in the centre of town. You can’t go to London Drugs or Starbucks or whatever. There’s actually not a heck of a lot there. But I thought: “Oh, okay. I’ll go visit the mayor.” I know the mayor in Chilliwack. So I did. I went and visited the mayor, but she wasn’t there. She was on holidays.
The point is that I plugged in my car. I got to plug in my car, but I wasn’t there very long — say, half an hour or so. Then I came back. And you know how much charge I got? I got enough charge to get me from the municipal hall to the highway. So I’m back on gas.
This is the point. There is a significant problem right now with the lack of infrastructure for charging stations and for fast chargers.
Funnily enough, last year I was in Europe on a holiday with my family, and I was talking to a guy from Ireland, actually. He had an electric car, but he was selling it. He was selling it, Madam Speaker. Why? Because he lived in an apartment, and he needed to plug in his car. His apartment didn’t have a charging station, so he had to find charging stations all around the place.
As I just alluded to, trying to find a charging station that’s actually free — I don’t mean free in cost; I mean free like available — because there are too many people that are charging their cars…. They might charge up in two hours, but their car is sitting there for eight.
Then I can tell you another story that happened just last Friday, when I was at the BCSTA convention, which was in Richmond, at the Sheraton. I was elated when I saw that the Sheraton had five parking spots devoted to electric vehicles, except for — guess what — only four charging stations. So I went in, and I paid for my parking — at parking spot 141, or whatever it was — then went to go charge. No charging station available, because they only had four for five spots. That seems a bit ridiculous.
I went and told the person at the front desk, and of course, they acted like I was from Mars and I didn’t know what I was talking about. But I had already paid for my parking spot, in parking spot 141. I don’t want to move, do I?
These are the kinds of things that people that don’t own an electric car — huge frustrations. And if we’re having more people get electric cars and not the accompanying charging etiquette as well as the number of places that you can charge up, then it’s going to be a huge problem.
The other thing that I think people aren’t talking about. I mentioned that I was eligible for the $5,000 rebate. And that’s all good, but it still doesn’t make the car affordable. I’ve got a Chevy Volt, not a Tesla. I think I’ve got probably the cheapest electric vehicle on the market, and it’s not cheap.
The other thing that I think people are not talking about…. I actually asked the Attorney General about this last year. It’s the insurance. I compared my insurance, the new insurance for a new vehicle, to my old vehicle, which actually wasn’t that old. It was a leased vehicle. It was four years. I was trying to figure out, when I was buying my insurance by the ICBC guy at the dealership: why is this insurance so expensive? He said: “It’s because the electric cars are big computers. They cost a lot to replace or repair, and your insurance reflects that.”
Nobody is talking about the affordability here when they’re talking about how much more expensive the insurance is just to insure an electric vehicle because of all of the bells and whistles that are all in the car.
The other thing that I think is something that is a barrier: what about the home charging stations? I mean, I mentioned that I’m okay getting my car charged up overnight at my house. But what about incentives for private businesses? As I said, I’m not going to go to a district hall to plug in my car when my meeting is down somewhere else. I mean, this sort of thing has to be convenient. I don’t think that the majority of these charging stations are convenient.
Private businesses. If I was going to go to a Starbucks or a coffee shop or even someplace in Deep Cove, there is absolutely no place to charge your car in Deep Cove. Yes, I do take transit a lot of times, but if I have to be there quickly, I have to take my car, because transit only comes once an hour to go to Deep Cove.
I talked about those examples. And the enforcement issue — I talked about that. And the apartments. I really do want to get onto the apartments, because here we are in Metro, where not everybody expects anymore to be in a single-family home. Granted, some of the newer apartments probably do have plug-in stations, but the older ones don’t. So where are these people going to plug in their cars down the road?
Maybe in the city of North Vancouver there’s a couple of plug-in stations in their district hall, but I’m not aware of very many plug-in stations right in the city of North Vancouver. What about that? If everybody has an electric car and the grid isn’t prepared to provide electric cars for everybody in your apartment complex, what about that? I don’t know. Has anybody thought about that?
For sure, if you’re in a single-family home, it’s maybe not so much of a problem. But if we’re all trying to do our part and get into the electric car business or to purchase an electric car or lease or rent or whatever, then we have to have a really easy and convenient and affordable way of charging, if we happen to live in an apartment.
Then the last thing I wanted to mention with regards to some of the barriers of owning an electric car is the HOV lanes. We all thought that was great. You get your little decal there, you stick it on, and then you can whip in onto those HOV lanes.
Well, guess what. Every time I’ve…. To be fair, I’m in North Van. There’s no such thing as HOV lanes. If I was going to Vancouver or going further beyond on the highway, they have HOV lanes. But the HOV lanes are already packed, not just with electric vehicles, obviously with people that have more than one person in the car. If everybody’s driving an electric car and they’re all going to be piling into these HOV lanes, then that’s not going to do anything for congestion.
I guess what I want to say is that I like the idea of Bill 28. I like the idea of it. But I think, in practical terms, there has to be more of a concern of the barriers to ownership, either affordability of ownership, because they’re expensive, as well as the lack of infrastructure to accommodate more of the usage of electric cars, even today.
D. Routley: It gives me great pleasure to stand in support of Bill 28. That’s because it answers all of the basic principles that I and the NDP stand for. Those are equity at the core, but using the three pillars in our society to achieve the goals that we all share. One of those goals is environmental protection.
Using the market forces, using directed action through public policy, as has been done in so many other jurisdictions, is definitely an effective way to go about achieving your goals. It’s really surprising to hear the party that claims to be the free market representative reject the use of market force to achieve goals. I mean, I think it really runs counter to the basic principle that they stood for when they introduced the carbon tax, which they said was using a market force in order to achieve a goal. I think all of us should be supporting that.
Also, I think this represents a shift, because it takes us from expressions of hope in agreements with targets, which essentially put off action, to a place of action. This bill takes action. This bill is not telling these students: “Hope for the best. It will work out.” It is actually saying that by this time, we will achieve these goals, and we will use these forces to make their futures better and also protect our economy at the same time.
It also represents a just transition, which is core to the principles I represent and that my party represents. A just transition means effecting change in a way that doesn’t displace people or harm them. When you provide predictability to a marketplace, that protects jobs. That creates security and protects prosperity.
Similarly, the Vancouver building code, which looked out and had several phases of change, told the industry to expect those changes. Those changes could be predicted. The leaders in the industry actually leapfrogged ahead and met those conditions early in order to be more competitive. There are so many examples of using market forces to achieve these goals — California, which demanded higher vehicle safety standards. We all benefited, because the marketplace demanded it. They had a large enough pressure in the marketplace. Similarly, California vehicle emission standards meant that every vehicle in every jurisdiction met those standards.
The member refers to other jurisdictions. The member before the member for Abbotsford-Mission recommended against any tampering with the marketplace. It’s obvious that we do not live in a free market. We live in a marketplace that is guided by regulation and law.
[R. Chouhan in the chair.]
We exist in a marketplace that has restrictions as well as freedoms, and adjustment of those is the responsibility of every government, to the benefit of the people we represent. So it seems odd to see the B.C. Liberals standing up and opposing the constructive use of market forces to achieve the goals that we all share, or we, at least, purport to share.
Prosperity usually goes to early adopters, and in this case, that couldn’t be more true. Not only will prosperity come to those who are early adopters, but so will the cars. You know, California, the state that the member mentioned, is, in fact, doing a very similar thing. They’re joining together with seven other states to become ZEV states. They are ZEV states, and in ZEV states, there are rules and regulations. It’s already paying off, in that those states are receiving far greater shipments of zero-emission vehicles than other states. They’re receiving the newest models up to six months earlier than any other state.
If you go into dealerships in states that are not ZEV states, you may face a six-month waiting time to get the car that you want, whereas in a ZEV state, it’s much less. In that way, again, this bill protects our local marketplace, our provincial marketplace. The car companies, far from what the member opposite suggested, aren’t saying, “Why bother with B.C.?” because B.C. is demanding more zero-emission vehicles. They’re going to be saying: “Why bother with jurisdictions that aren’t requiring this? We need to go where this is a requirement, where there is a demand.”
I didn’t know I would be standing up and tutoring the B.C. Liberals on marketplace dynamics, supply and demand. But it’s pretty clear that a jurisdiction that takes these steps along with California, along with Colorado, along with the six other states and along with other jurisdictions, I’m sure, that will be leaping to do this as well…. We will, in fact, be protecting jobs, protecting the economy and protecting prosperity at the same time that we’re protecting the environment. That, to me, is a pretty good equation.
The member for Abbotsford-Mission said that interventions will have consequences. Interventions in the marketplace will have consequences. Well, I certainly hope so. I anticipate that the consequences will be excellent, because, in British Columbia, companies, including car repair service outlets, will be able to have time to adjust — not only adjust their business to the demands of the marketplace but also have time to put their employees ahead of the curve in training for new technologies. That’s a very important advantage that jurisdictions like ours will capture by taking these steps with public policy.
In fact, I would read from an article. When we look at California and Colorado, ZEV states that adopt California’s rules establish a system that requires they attain specified numbers of ZEV credits for low-emission vehicles. Automakers must comply with these numbers or face financial penalties.
This is very clearly the wave of the future, when the largest marketplace in North America — California, the marketplace that was responsible for vehicle safety standards that we enjoy now — demanded lower emissions from vehicles so we don’t have leaded gas anymore. That’s what they did, by using the marketplace to achieve the goals that we all share.
That’s what this bill does. Not only does it do that, but it puts us in that critical mass with California, with Colorado, with other states and, hopefully, with other provinces. That will create the demand, and we’ll be the place that those car companies come to in order to supply and in order to train and maybe even in order to manufacture and design. That would be a wonderful thing. This bill puts us on that path.
This article goes on to say that non-ZEV states have a six-to-12-month waiting period for new models, after they go on sale in these ZEV states. For example, in December of 2018…. Subaru started selling its first electrical vehicle, the Crosstrek Hybrid, in January of 2019. The reporter who wrote this article went to her dealership in Colorado, which was not yet a ZEV state, and was told that she would have to wait for at least six months, and they would have likely no cars to test-drive in the foreseeable future. So she had to order sight unseen and then wait six months to 12 months.
Becoming a ZEV state will motivate automakers to deliver more models and thus increase future sales in Colorado and right here in B.C. That will help. That will help the environment, that will help the economy, and that will help our communities. There will be fewer people displaced from the current industry. That’s an important principle for us to remind ourselves of.
The member for Abbotsford-Mission, I think, mistakenly reminded us of that when he said: “There will be consequences.” I agree with him. He said: “If car companies fail, so what?” He thought that if the marketplace caused a company to fail, well, so what?
There’s a lot more to it than that, isn’t there, Mr. Speaker? It is a marketplace that we affect by the rules and the expectations and the regulations of government, governments past and inherited by governments now and handed off to governments in the future. Obviously, we live in that kind of an environment — that these things have consequences in the marketplace.
I think it’s rather callous to just say: “Well, if these companies fail, so what?” Well, so a lot. If we are setting public policy that can help transition an economy into a new phase, ahead of the curve, thereby protecting jobs, protecting the economy and encouraging and supporting prosperity, why would we not do that? We’d be derelict in our duty if we did not do that. That’s what this bill does.
He also was worried, he said, about those workers who work on internal combustion engines. So am I, which is another reason that I support this bill. Those workers will have a greater and advantaged opportunity to train for future opportunities that will be coming due to this bill and its requirements.
He then went on to say that car companies are vulnerable. Well, that’s a debatable notion, but I don’t think I need to spend much time on it.
He said he worries that these technologies will be priced out of people’s reach. So did the member for North Vancouver–Seymour, who said that prices only go up and that this technology will only go up in price. Well, I’d ask the member to harken back about eight or ten years ago when a flat screen TV cost $6,000. A bigger one now costs $600, some 20 years later.
Interjection.
D. Routley: Yeah. We created demand, right?
The notion that technology costs will go down when there’s a greater demand created seems nonsensical to me. In fact, when California, which is a fairly large economy and not known for being an outlier but in fact a leader, is leading their partner states, in ZEV states, to create the demand necessary to get those vehicles into their market so that they can make the transition as quickly as possible, with the least disruption to the current marketplace and also protecting jobs by ensuring those vehicles actually come there, thereby protecting the environment.
States and jurisdictions that fail to take these steps will be left out. They will not receive the inventory, and they will not receive the latest technology, because it will go to places where there is a demand. That demand is being created by that critical mass south of us, and we need to get on board with that. We need to get on board with that and make B.C. one of the leaders, rather than a laggard. This is about just transition. This is about achieving goals. This is about using the principles that we believe in, in order to satisfy our goals, the dreams of British Columbians that they would have a future that’s worth hoping for.
I think we owe it to the students who were here earlier, and to future generations, to take whatever steps we can to transition our economy to a low-emission and zero-emission state as quickly as possible. It’s too late to avoid the effects of climate change — we are going to have to cope and to manage through them — but it is not too late to begin to turn that around. This bill is part of doing that.
I think it’s even more principled or more important than the goals, specific and technical, of this bill: to achieve so many cars in a certain length of time. That is, obviously, the thing we’re trying to achieve here, to have an impact on the environment. But to do that in a democracy, we need to persuade people. We can’t simply…. We need to persuade people to make that change, and this is part of doing that. This is part of making a step in government that will encourage not just hope. Hope, in climate agreements that put targets off, simply puts off action. We’ve seen that.
People, particularly young people, can be forgiven if they become skeptical or even cynical about the steps that governments will take. The pronouncements that they will achieve certain goals within a certain time period are met only after a while, with an adjustment of that time period. They need more than that. They need to see us do more than that. They need to see us take action, not just issue words, not just proclaim goals with no specific plan.
This is a specific plan. This is helping us transition. I support it because it does it in a just way. It does it in a way that protects the marketplace, the economy, our society and our communities. Those are the pillars of our core principles. The third one is the goal that we’re all aiming at here. That is to improve our environment. Then I think we can go home after the end of this session and feel as though we’ve taken a step that we can be proud of to all the young people that we encounter in our communities. We can legitimately stand in front of them and say that we are taking concrete steps to improve their lives, improve their environment and make their communities and their economy more just and fair.
Those are laudable goals. This is a worthy tool. This is something that deserves support from all sides of the House, and I hope that the government that claims to support using the free market to achieve goals will do just that. I am sincerely hopeful they will do that. That’s what this bill does. It uses that tool of the marketplace economy to achieve a goal shared by all of us. Then we can go home, hold our heads high and tell people that we have actually taken action to address climate change.
Deputy Speaker: The member for Kelowna West.
Member, would you please move adjournment of debate?
B. Stewart moved adjournment of debate.
Motion approved.
Reporting of Bills
BILL 4 — WITNESS SECURITY ACT
Bill 4, Witness Security Act, reported complete with amendments, to be considered at the next sitting of the House after today.
Hon. M. Farnworth: As the ravages of time require me to have my glasses…. In this chamber, I call continued second reading debate on Bill 28, the Zero-Emission Vehicles Act. In the Douglas Fir Room, I call the estimates of the Ministry of Labour.
Second Reading of Bills
BILL 28 — ZERO-EMISSION
VEHICLES
ACT
(continued)
B. Stewart: It’s a pleasure, after that little bit of confusion, to kind of…. I have watched this before, but it’s kind of like I’m one of the animals, and I don’t quite know the direction I’m supposed to be, where I’m supposed to be standing or sitting.
It gives me pleasure to rise and speak on Bill 28, the Zero-Emission Vehicles Act. The challenges that come from climate change are a call to action for all governments of every stripe — no individuals, no matter where they live. Our government set the stage with the introduction of a carbon tax way back in 2007, the Clean Energy Act, and the improvements that we were aspiring to, to reduce emissions that were emitted by vehicles and transportation, the built environment and manufacturing.
I don’t know if anybody has really referenced that, but the first report-out on the CO2 emissions in British Columbia…. With growing GDP, an economy that was one of the best in Canada, we saw CO2 emissions decline in British Columbia because of the revenue-neutral carbon tax that this government had brought in. I’m talking about our government.
What I do find about Bill 28 is that it is an attempt to be more prescriptive, and it’s a narrow point of view. What is really missing is that…. There appears to be a lot of effort that’s gone into the credit system around cleaner vehicles, which I think is good. But what’s lacking in it are the other things that are so important and vital to making this a success.
People have spoken…. I can’t help but think about the comment that the member for Chilliwack-Kent made yesterday about a photograph that was taken in 1903, and there’s a single automobile in there. The question was: can you find the vehicle? Ten years later, in 1913, there’s another picture. You can’t…. Where is the buggy in the picture? That’s how quickly technology can change.
It is changing, as we’ve seen by the growing list of vehicles that meet the requirements about CleanBC. I look at this page, and there are, pretty clearly, over 25 different options here. We’re starting to fulfil a need, and I think that that is great.
I’m not necessarily certain that everybody is buying those vehicles because they’ve thought through, as the member for North Vancouver–Seymour just mentioned, in the sense that there are fundamental things when you buy an electric vehicle. You think that you’re going to be able to plug it in and find charging stations. You don’t know the range, and all of those things. These things are very complicated. Buying the vehicle is only one small component.
What is expected in this plan that’s laid out by government here is to put people into new, completely emission-free vehicles by 2040. Is that realistic? I mean, that means that we’re going to be selling a number that I don’t even know if they actually manufacture that many in the world yet.
The reality is that our vehicle sales today are about 80,000 per year. It’s going to increase over that period of 16 years. The reality is that the government’s Bill 28 mandates that we’re going to be at 10 percent in 2025, which is a more than 60 percent increase. Today’s sales are roughly…. As an earlier speaker from the government mentioned, it’s about 4 percent today of all vehicle sales. It has to grow in six years from 3,200 to over 8,640, I think it is.
The reality is that there’s an affordability issue in there, and there’s the other things that the member for North Vancouver–Seymour mentioned — the whole availability of where the electricity plug-in stations are going to come from.
I’ll talk more about how much consumption this is going to be and how it all works. You know, I think that most of us have been frequent visitors to California during the wintertime, maybe Disneyland and other things like that. I can tell you that there are a lot of regular internal combustion engines on the road in California. I don’t know where their numbers are at, but there are certainly not charging stations on every corner, and they haven’t got it figured out. But one thing that I did notice when I was down there recently was that they do have a charge when you go to charge up. You can get a rapid charge, etc., and you’re expected to pay for it.
When I’m thinking about the grid system and I’m thinking about the Lower Mainland and Fraser Valley, it doesn’t take very long to get out of town. Squamish was mentioned earlier. What about Hope? Maybe Chilliwack. Or the University of the Fraser Valley was cited, right? The fact is that they’ve got a couple of charging stations there. We don’t have it figured out how we’re going to have these charging stations so that everybody in 16 years can have a plug-in vehicle.
It kind of reminds me of when I used to live in Calgary back in the ’70s. Every parking lot had a plug-in for a block heater. Maybe that’s the kind of grid that we have to build up.
I don’t see anything in here — nor do I see it in the government’s plan — in terms of its CleanBC plan as to how they’re going to build that infrastructure out. In estimates earlier, the Minister of Citizens’ Services talked about money to go in to putting in charging stations. Not specific — the design and the actual numbers haven’t been determined or planned out. But $5 million to randomly — and I would say random at this point, because it’s not a plan — put in electric charging stations in government offices, whether that’s Service B.C., or maybe it’s forestry offices, conservation offices, wherever it might be.
The bottom line is that these charging stations are not…. I don’t know if it’s clear as to whether those are for the public or just for the electric vehicles that government plans to put into its fleet.
When I hear numbers about how far and the distance that the vehicles can actually travel in terms of…. Again, the member for North Vancouver–Seymour said that her Chevrolet Volt did 83 kilometres, which is about what it says it does on the electric range. It does a full range of 676 kilometres based on the gas-electric mix.
Are we prepared to accept that as a lower standard, even though it’s not really meeting the CO2 emission targets, by allowing vehicles in rural British Columbia that have to have backup? I mean, I’m sure that when you hear from some of my colleagues that represent the ruralest parts of British Columbia that they’re going to talk to you about the impracticality of even driving from Dawson Creek to Fort St. John, which is a good hour. That is not likely to be on electric power.
I have to say that one of the things that I really wonder about is when it comes to this planning about…. We talk about the grid, and we talk about the goal, this target, of having 100 percent of the vehicles in 16 years being all light-duty vehicles and being emission free.
I guess the real question is: well, where is the plan? Where is the electricity coming from? I mean, it’s all great to be self-righteous and to say that we’re going to do this. We’re doing this, I am assuming, because of the confidence and supply agreement. I think that it says that, that this is a fundamental part of why the Green Party has joined up and created a coalition to have two minority parties that are basically running the government — saying that they want this.
I understand that they want it. We wanted it too. But the reality is that we have to have the electricity. We have to have the grid. We have to have the costs. I’m assuming that costs will decline. What about the recycling of all of these leftover batteries?
Now, I happen to have a business that uses electric forklifts. We prepay for the battery, and we get five years use out of the battery out of a forklift. At the end of it, that battery has to be recycled, and that is in place. But the new batteries that are going into electric vehicles are not the same, and they do need to be recycled at some point. There’s an end-of-life use that has to be considered, and I haven’t heard anything from the Minister of Environment on that.
I think the minister that’s working on this initiative…. No doubt, I think it’s probably near her riding, where Teck is actually doing a lot of this complicated recycling with rare metals. But it is still a big project. Where do you take them to?
I remember as the minister having to recycle electronic goods. We had a depot in Surrey — for all of British Columbia, one depot. Now it’s expanded, and we have a system that’s grown. I’m not saying it’s perfect, but the reality is that we can collect used television sets, stereos and all of those things. We can take it back to a place where it will be properly disposed and put those mined minerals back to good use. But there’s nothing in this plan that talks about it.
Even the member for Cowichan Valley mentioned about the building code, and I do think that we have to address that. Is the Minister of Housing dealing with how we’re going to incentivize existing buildings? New buildings. How are we going to put charging stations in for everybody that’s in those buildings? If the life cycle of the building is 50 years and it’s only a ten-year-old building, we still have to retrofit it. We’ve got to come up with that. Who’s paying for it?
When I talk about planning, I can’t help but think about starting out with a small winery. I started out making a few bottles of wine. It takes roughly 1½ plants to make a bottle of wine. The reality is that we’re still a small winery. We make just under one million bottles a year. It takes a lot of plants and a lot of management to do that, and we’re still a tiny winery in the scheme of the global things.
To put it in perspective, all of these things that…. The grid system — think about it. Look at the Internet. We’re talking about expanded Internet services into rural and remote communities. We’re not talking about hard-wiring every house. We’re talking about putting fibre optic on highways and then distributing through local systems. We know how much money…. The Minister of Citizens’ Services has just announced $50 million to the Northern Development Initiative Trust to help build out the system. It takes years and years of planning. Technology changes. The reality is that our grid system…. We don’t have that plan.
We’re talking about Site C. We’re talking about maybe…. I don’t know if it’s 1,500 gigawatts. The member for Langley East would probably know the terminology because I always get that turned around. But the reality is: how many Site Cs is it going to take to power the number of vehicles that we want to achieve or convert to electric?
Three Site Cs. There you go. Where are those going to go? I mean, we didn’t have plans to build more. We tried to improve. We reinvested. We put more efficient generators in there, reconstructed old dams.
What’s going to happen about affordability? All these people that are demanding electricity for these vehicles are going to be increasing demand. How is B.C. Hydro expected to be able to deliver affordable energy in terms of electricity for homeowners?
Some of them were convinced years ago to put electric heat in. As demand goes up and the cost of electricity generation goes up, these people are going to be forced into the situation…. Maybe the minister has the answer to that. How are we going to make certain that we keep the prices in a realistic, affordable range for the average homeowner?
I mean, the electric vehicle user is going to have to pay a fair market price for the electricity. Maybe the new energy that we’re talking about — wind, solar, whatever it is — is going to come way down in price, etc. I didn’t see that when I was in Asia, by the way, even though it’s widely adopted. Hydroelectric would still be the number one preferred choice, in any of the countries I visited, for electricity use.
One of the things that I really worry about in this particular bill is the fact that it lacks the completeness and a plan so that we can count on delivering this in the sense that you, as government, and ourselves, as members of the Legislature, can be adequately prepared that we don’t go off and embark on something that is great marketing but…. What about the rest of the thing? What about the cost to the rest of British Columbians?
We’ve got in estimates this year “Making life better.” Not only have we seen the carbon tax go from roughly just around $1 billion to $1.4 billion to $1.7 billion this year; we have $679 million for funding to CleanBC to reduce carbon pollution and to promote the use of clean energy to power B.C.’s economy.
What have we got here? We’ve got $90 million out of that $679 million of new funding, it says. But it’s still $90 million out of the $1.7 billion that the government is going to collect. Only $90 million is being put into the Ministry of Energy, Mines and Petroleum Resources to encourage and accelerate the adoption of zero-emission vehicles. So we’ve got $42 million that’s going into the point-of-sale incentives, $20 million to support the creation of new public fast-charging and hydrogen fuelling stations and $10 million to offer more incentives for medium- and heavy-duty vehicles, including trucking, port, airport, ground equipment, buses and marine vessels.
It seems to me that port electrification…. I seem to recall that we were a big investor in port electrification when the former minister and member from Cloverdale…. We tried to reduce emissions with bunker fuel, etc., in the port of Vancouver and many of the other places and, I’m sure, right here in Victoria — $6 million in support of training programs for automotive technicians, $6 million to help the light-duty vehicle fleets adopt zero-emission vehicles, and $5 million and another $1 million. So this year $96 million is going into this program.
Then we have ’20-21, $6 million, and ’21-22, $5 million. It’s front-end loaded with $96 million. What type of plan is that? How are we going to get to over 8,600 vehicles that are clean energy vehicles — going to be incentivizing people to buy these? We don’t have the charging stations. We don’t have the grid. We don’t have the vehicles. All we’ve done is we’re putting an imposition on the people that are in business to sell vehicles, trying to provide fair value, to make certain that they’re clean and energy-efficient.
If people want electric vehicles, we want to have those too, but I don’t see that Bill 28 actually delivers — with all of the credits and the complicated accounting and the bureaucracy it’s going to create — a system that’s going to have people running to the car lots to buy new electric vehicles, because they don’t have the infrastructure or the plan. And especially if they know that the money is running out this year, they get their vehicle, and then they start to find out that there are other costs with it.
I think it’s unrealistic — the timelines that are put on this. It’s not that I don’t like aggressive timelines, but let’s be realistic. We don’t have the buildout. We don’t have the plan that I’ve talked about.
You know, I think that it’s fine to legislate. As the member from North Cowichan mentioned, it’s about… I think he used the term: “We do not live in a free market.” It’s up to the government to tell people what to do. That’s not the way that…. I’m trying to think that people are raised to make their own decisions. The situation is that we’re not going to be successful if the government is there telling everybody: “You know, you have to….”
Of course we know that we have to reduce emissions. I’ve had dozens and dozens of people that have come to my office because after they’ve retrofitted their homes and reduced energy, now the carbon tax costs more than the fuel that they’re using. They can’t square the peg on this, in the sense that they’re completely perturbed by the fact that we’re allowing this to go on. There’s a disconnect.
Anyways, I think that when it comes to this, it’s got to make sense. People have to be brought along. We have to be thoughtful about where these millions of charging stations have to go — I mean, not just a few hundred thousand, millions.
First and foremost, I think the other thing that’s really missing is that we need to ensure that this legislation remembers the realities of living in rural B.C. I mean, I have places in my riding that are ten minutes from my office that are considered to be almost off the grid. I don’t think that they’re going to be having charging stations at their home, unless somebody can explain to me how this is going to end up happening with some other legislation that’s yet to come in.
I don’t want to sound cynical, but it seems this government is embedding itself deep into the sales process in a way that is fraught with dangers to consumers, to the cost of vehicles and to the very goals of the program itself.
Then there’s the government’s continual lack of transparency, again reflected in this legislation’s reliance on regulation to come later. There are a lot of unanswered questions. It’s difficult, when something like this doesn’t have the planning behind it, to really believe that the act and giving the ministry the power through regulation is going to come out in the best interest of British Columbians.
It’s going to end up costing British Columbians, because as taxpayers — we’re all taxpayers here — we have to fund what government’s spending or investing. We want to make certain that that investment is not only idealistic or ideological but that the whole process of this investment works out in the end to achieve the ultimate goal of reducing CO2 emissions.
Many of the specifics of the program have been left to be developed behind closed doors, lacking the security of this House, pushed out through regulation without any consultation. I’d say that this is just a bad way to develop the system that’s supposed to help to accomplish an important goal: a transition to zero-emission vehicles. This is more than a lofty goal. It represents a fundamental change in the daily lives of the vast majority of British Columbians, and it has the potential to have major impacts on their pocketbooks.
I look forward to the committee stage, to digging deeper into the complex system the government is establishing and making sure that we can actually reach the 2040 aspirational targets laid out in Bill 28.
R. Coleman: I’m pleased to stand up and speak to this legislation. The aspirational goal of EV vehicles is an interesting one and one that is fraught with not just one or two questions but probably a thousand questions. The thousands of question come from a number of places.
I want to spend a couple minutes just talking about how the previous government actually got to the idea of maybe putting in place an incentive for people to buy hybrid or electric vehicles back starting in about 2009.
There was a period of time where we went on a very extensive public listening and hearing process, with regards to thousands of people and actually 160-plus meetings with everybody from the automotive industry through to the David Suzuki Foundation to all the environmental groups — scientists, environmentalists and all kinds of other people that were concerned about climate — and had a conversation about how you could improve the climate in the country and in the world.
It was quite eye opening, to be honest with you, because you got an opportunity to hear all aspects of the discussion. I’ll give you an example. In one day, we were having a conversation with a variety of groups about what was clean energy. One group came in and said: “There’s only one clean energy in the whole world that’s clean energy, and that is nuclear.” Well, knowing that B.C. doesn’t want to mine uranium and that B.C. doesn’t support nuclear power, that wasn’t going to be something in the future that the government would put in policy to say this is how we’re going to get our clean energy.
We had people come in and tell us: “Well, in actual fact, because it’s cleaner than coal, natural gas is clean energy.” Of course, that led to the conversation about learning what GHGs were and what the calculations per tonne were and what all of those things were about.
It also led to a conversation about hydroelectric. Some people, including members of the Green Party who I know, actually said that Site C was a good idea at the time and that it should be pursued because it was clean energy. Today you’d get a different answer on that particular conversation. But it does take you down a road where you try and put together a plan where you’re trying to create opportunities for change in your economy with regards to getting cleaner energy into the marketplace, reducing your GHG profile and finding a way to help the rest of the world at the same time.
That’s not an easy task. This actually gets pretty complicated, complicated to the point that one person, one organization…. Not an auto industry. It was actually, I think, one of the scientific magazines that came in and presented us with what I will refer to as the life-cycle environmental impact of a Hummer versus a hybrid Prius.
They went through all the aspects of all of the things that went into building the one and the other, frankly, from mining to commodities and what had to go into building them; what their life cycle was; what the life cycle of each of them was with regards to what their waste would be at the end of the cycle; and the inability to actually recycle the batteries, at that time, relative to the Prius. I was shocked. They came up with the conclusion that, at that time, the Hummer had less environmental impact in its life cycle than the Prius did.
You’re trying to figure this thing out, and you get these people who are actually considered to be experts in their field coming in and giving you that example. So as you go through this, you start to say: “Okay, how do we get to where we need to get to?”
Now, the biggest change that was made to try and drive a change in climate in any province in Canada or any jurisdiction in North America was to actually come up with a workable carbon tax, a carbon tax that would actually be reinvested in the economy to promote issues relative to encouraging people to go green, whether it be that you add money from the carbon tax so you can recycle the old televisions to replace what are now the high-definition televisions in your recycling programs or whether it’s to enhance the recyclability of tires by having money invested from the user of the carbon to being able to deal with the carbon that you want to dispose of.
It’s to take that carbon tax and make sure it’s revenue-neutral relative to incenting the marketplace with other taxes to reduce use in certain areas and to increase the use of other clean energies in other sectors.
Well, I fought the campaign of the $30 carbon tax. I remember the Axe the Tax campaign. I remember the protest outside my constituency office — led by, at that time, a member of the New Democratic Party of British Columbia who was running for politics — to axe the tax. We shouldn’t have a carbon tax. It was no good for people and the economy. It was the wrong tax. It wasn’t fair to people, and it should go.
Well, a couple of weeks ago, on the first of April, the NDP government raised our carbon tax to $40 a tonne, $40 a tonne paid for by every single person that goes to a gas pump in B.C. but, just notably, not by the newest industry to come to British Columbia, which has got a holiday at $30 a tonne guaranteed for 20 years.
As I looked at the numbers with regards to this program, as I started to debate this legislation…. It’s about $96 million, if I’m not mistaken, in the first years to try and encourage people to buy electric vehicles. So we’re going to give them an incentive to go buy a vehicle, but on the flip side, we give out $600 million tax-free on PST for 20 years to a company when you’re only putting $96 million into actually incenting people into an electric vehicle market. That PST thing is to push for another resource. I don’t have a problem with that. I support the resource. But I think it can be a bit hypocritical.
As we went through this whole thing, with these 160-plus meetings and the conversations and whatever, I actually handled a couple of portfolios as I came through that. I found out some things that were kind of staggeringly interesting.
First of all, let’s talk about vehicles themselves before I get into their life cycle. I’ll admit that my wife owns a small SUV, and I own a pickup truck. I happen to be an RV’er. I’ve been RV’ing with my kids since they were little, and my oldest is now in her 40s. So I like trucks for that particular purpose, and for others.
One of my children had a hybrid vehicle that turned out to be not so good at the end of its life cycle. As they tried to get a change in the battery piece because it was starting to go down as the car had aged about three or four years in, they were told that it was $8,000 to replace the batteries in the vehicle if they wanted to continue owning that car, for which they would only say the value was $6,000. You have to think about that as a life cycle, because in a car of the same size, to replace it with a rebuilt engine was actually about $1,200, which would then give that vehicle a life cycle of another five or six years, whereas the other one now has to be disposed of and recycled.
I remember sitting in a room with people from B.C. Hydro when I was the minister responsible for Hydro, talking about the future needs and supply of electricity in British Columbia. We knew we had a growing population and that it wasn’t going to stop: “We’re predicting a million more people in British Columbia over the next 15 or 20 years. What do we need for electricity?”
At that time, you could have made the argument that we were not energy-self-sufficient in British Columbia, because we were actually buying power from other jurisdictions. Even though we liked to say we were clean energy, we were buying coal power from Alberta on a pretty regular basis. We traded some of our electric power into the U.S., but the reality is that we did not have the mix that says we’re energy-self-sufficient but that also we’re as clean as we thought we were.
We moved to push that, to try and attract ourselves to more things like wind and solar, to figure out how we could do deals with First Nations based on megawatt prices, to be able to make it a business case with some subsidies to try using the carbon tax to incent people to come up with other forms of power. We did that.
As we did that, of course, we got criticized, because the megawatt price of energy that was coming from run of the river, from wind or from solar was higher than what would come over the top of a dam. The criticism, by the way, that came from the now Premier, very aggressively, was about us buying junk power. He would have preferred at the time to just have us keep buying power by coal, which would never have met any climate goals whatsoever.
The next thing I found interesting, though, is that…. I said to B.C. Hydro one day: “Okay, we have the incentive program. We’re moving towards electric and hybrid vehicles as we go through this. Tell me: if every single vehicle in British Columbia” — forget the grid; forget the capacities; we’ll get to that in a minute — “went electric, how much more power do we need?” The answer was: “Minister, you would probably need to build three more Site C dams, because the juice has got to come from somewhere.”
Now, people talk about — and California is a classic example — how clean California is with regard to its encouraging electric vehicles. But do people in this room know that 35 percent of the power in California still comes from coal — that you’re actually burning more coal in California to power electric vehicles? What’s coming out at the end on the electric vehicle…. They call that clean, but the source of the power is not.
The interesting thing, when I got into that piece recently, looking at that part — I have a keen interest after sitting through 160 meetings back in 2007 to ’09 — was that I asked them, through the transportation people in California: “What does the internal combustion engine do today in California versus what it used to?” The answer was kind of interesting.
They said today’s car, a modern car driving down a highway in California today, puts cleaner air out of its tailpipe than it takes in through its intake. The modern car actually treats air, and there’s more H2O than CO2 coming out of the tailpipe of a car. In one case, one guy said to me: “It’s actually like an air cleaner.” It’s actually helping us with our own environment of air down here because the cars have gotten modern. It’s the reason, quite frankly, a whole lot of air got cleaned up — because technology helped, from the old leaded fuel–type engine all the way through to the new technology today.
Here’s where I found the conversation the most interesting: if you have to add more electricity. It’s a given, because you won’t have enough, with a million people coming, the cars that’ll be here and the electric car and all of the other electric aspects of the economy. So then I went down to the nub, and I said, “Tell me something. In a subdivision built in the last 20 years, and one built in the previous 30 years, how many homes on a street can handle the voltage that’s required for a quick charger or a charger in a home for an electric car?”
This answer was not very good. To use an example of a subdivision with two cul-de-sacs, with a T-intersection coming into them, if six went onto that, with one charger per home out of six homes, the lights would flicker in the rest of the houses when they’re all being charged. He said: “You’ve got a problem with transformers outside of that because of the underground power, simply because there’s a load capacity here.”
I was shocked to find out that in actual fact, as we go and move down these roads, we have to look at what the costs are to the next stage of what we want to do. It’s great to say — and I believe we should try to get to it — as many zero-emission vehicles as possible by a certain date. But let’s understand the downstream. First of all, you need to have bigger KVR lines in a number of areas of the province just to bring in enough electricity. A place like Prince Rupert, for instance, has a relatively small KVR line compared to the one that goes up Highway 33. It was built a few years ago.
The lines into Kitimat and Terrace, because they actually have to deal with Rio Tinto Alcan, are pretty large and are being upgraded by LNG Canada for the purpose of taking a bigger load. But Rupert has no backup. Their line goes into there, and if it goes down, the city is in trouble. That means that nothing would run, that nothing would charge. So you’ve got to be careful with what that load is coming in there.
If you take the number of cars that are possibly docked that day, forget the incentives. It’s not anywhere near the number of cars that would be on the roads of British Columbia, but if you incent every one of them, you could be running up around $5 billion to $15 billion in incentives to try and reach your goal. That’s not the scary number. The scary number is how you then handle the capacity in subdivisions and in communities where, in some cases, all the power lines need to be replaced. They need to be bigger, they need to be stronger, they need to be able to take a better transformer, and they need to take the load.
As you do this and you start to look at it, you’ve got to keep in mind that you need to deliver. Otherwise, you end up doing some things like you’ve done in other aspects of government over the years. You have a great idea, and the inability to deliver actually makes it unattractive to accomplish the actual goal you wanted to accomplish, which was to clean up the environment.
Back in the day when we did the 160 meetings, one of the interesting conversations we had was about the subsidy for an EV or a hybrid. Even when you put it in place, that conversation took place with all kinds of groups, both environmental and business groups. One of the things that struck me in that whole conversation — I heard it from a group of people in my own riding when we were sitting around at a round table — was that middle-class and working people said to me: “Has it occurred to you that your subsidy to the electric vehicle is a subsidy to the richest people in the province of British Columbia? Has it occurred to you that we can’t afford the car even with the subsidy? We can’t get in on this, because we can’t afford it.”
The one lady, who had a couple kids, said: “You know, every time I see a Tesla and I’m driving my five-year-old SUV, I’m offended, because somebody subsidized that for somebody to buy that car, and I could never afford it.” As you start to do this sort of social engineering, remember the people that you’re actually working with and representing. In this case, you forgot about a whole bunch of them. A whole bunch of them are the people that actually would like to have themselves in a situation where they could get an EV.
You have this interconnection; you have the power load. What’s it going to cost? I know what it costs to bring power into a single-family residential home. I know what it would cost, in addition to that, to increase that for capacity. Let’s assume that we build 30,000 homes in British Columbia a year. Let’s say we added an extra power line in there for capacity. For the homes, at about $10,000, that’d be $300 million in additional costs for the homeowners who might want to buy homes in B.C. That doesn’t count the million or so homes that we already have, which takes you into $10 billion plus, just to get the power.
That doesn’t get the power down the street. Now you have to dig up the street, or you have to go down, whichever way you put the power in, and pull in more wire in order to handle the volume. I know how expensive that is and how difficult it is because when I was minister for Hydro, I actually watched the project proceed. It snaked wire through a neighbourhood, from downtown Vancouver, underneath the water and into Vancouver, to replace the 40-, 50-, 60-, 80-year-old vaults, as we would then call them, with big switches in them, to make sure that Vancouver had the power, just in case they started to go. That was about 300 million bucks.
Now, I’ve just talked about the single-family home. Let’s talk about condominiums and townhouses for a minute. Condominiums are wired to be able to handle branch-off wires into each individual unit. If they’re concrete, it’s not so simple to actually add the power — to bring it in, necessarily, to do the ability to handle the number of chargers.
My colleague from North Vancouver was talking earlier about how difficult it is to get a charge. Well, I just sat down with somebody who asked me about whether…. Their strata council wanted to look at how they would put in electric chargers. Are there incentives for them to do that?
Here’s a big argument. The big argument is if you have 50 people in the condominium, 50 units, and ten of them say they might like to get electric cars. They want the strata to pay for ten EV charging stations at their parking spots. They don’t want to pay; they want everybody else to pay. The other 40 say: “No way. If we’re doing one, we’re doing them all.”
What was going to be a fairly simple project of a number of thousands of dollars is now running up close to north of $1 million, and somebody has to pay for it. With 50 people divided into $1 million, are they all going to get electric cars next week? No. Are they going to get one in two years? Not likely. Will they sell some of them and not care? Who knows?
The reality is that this initiative ignores all that. It ignores the ability for people to actually make use of what this is about. This is really about saying: “You have to do something. We’ll incent you to do it to a point. We’re going to run out of money, but it’s okay. We’ll dish it out somewhere else. We’ll reduce the carbon tax for somebody over here, but we’ll keep charging it over there. We’re going to take that into general revenue and actually not put it into the infrastructure that’s required to build this program in the first place.” What we’re talking about is a multi-billion-dollar hole — in the production of power, how it’s used and how you will access it.
The neatest thing about all of this — or the sad thing, actually — is that people that get electric cars today think that electricity is a free good. It’s not free when you have to build the dam. It’s not free when you have to build the power line or bring the line underground into a subdivision, a condominium or an office tower. It’s certainly not free when some municipality is putting up these quick-charging stations. If the demand goes to them that they need ten, 20, 30 or 40, they will start to charge for electricity.
If there’s a draw on electricity and there’s not enough of it, we then have to start buying it in the marketplace because we haven’t thought the other piece through, and electricity is going to get very expensive. British Columbia right now pays about the fourth-lowest power costs on the continent. It looks a lot more attractive when your power cost is four or five times higher in some states in the U.S.
The U.S. answer to this is to build more power stations, but they don’t build power stations with hydroelectric. They build them using coal and natural gas. In actual fact, they’re polluting at one end to call something clean at the other end. They’re talking out of both sides of their mouth, and it isn’t true.
We need to get our head around this before we decide we’re going to vote for this bill or make sure some of the committee stage debates are taken care of, because quite frankly, if we don’t, there’s no reason to vote for this. Why would you vote for something where thousands of cars are going to be put on the road with a subsidy to people that can most afford it, as opposed to those that can least afford it in your community, because they can afford the more expensive option of an electric vehicle?
[J. Isaacs in the chair.]
Why build an infrastructure that disenfranchises those people with less income and ignores them and, at the same time, give away $30 a tonne in carbon tax to one company and charge every single person in the province $40 a tonne every time they get their fuel, their natural gas at home, their electricity or if they get the simplest of things, like fill up at the pump?
Every single person in B.C. is now subsidizing one industrial deal. And the carbon tax, which is supposed to help them have an incentive to buy an electric vehicle, is not going back into this, because the last $10 a tonne that has been charged to everybody at the pump in B.C. is going to general revenue and is not actually being spent on environmental initiatives at all. There is no revenue neutrality, and there is no ability to look at this thing and say: “There’s a good reason why I’m paying this, because this is helping over here on the environment.” That’s no more. That does not exist in British Columbia anymore.
It’s all about the cash grab and then, in this case, subsidizing the cars that only the people with money can actually buy. As we do that and we move people down this road and we try and hurt the auto industry and the other industries in B.C., we’ll find out that we don’t have the money at this stage to actually make the grid perform with the ability to charge the cars in a way that’s convenient for those people that want to run them.
I think, in this particular piece of legislation, somebody’s gone into a room and said, “Let’s make this announcement. We’ll do a deal with the Greens. We’ll make all the cars in B.C. electric by such and such a date. Oh, and don’t worry about how much power you need. Don’t worry that you might need three Site Cs. Don’t worry that you might have to rewire 90 percent of the houses in B.C. to be able to handle the load. Don’t worry that the wires in the subdivision, whether they’re on the power line up on the telephone pole or underground, need to be upgraded to handle capacity. Let’s just make the announcement, and let’s pass a piece of legislation,” knowing full well you can’t perform.
You don’t have a business case. You don’t know the numbers. If you even sat down with the people that have worked at Hydro or are still at Hydro that know capacity, know growth and know power and know what the wiring is in the places in British Columbia, given the age of some homes and buildings, they would say to you: “Go cautiously. Don’t put too much pressure on the grid until you know you have it. Make sure that if you say you’re going to get out of the car and plug it in at night and it’s going to be charged by morning or in a couple of hours, you have the ability to deliver that electricity, because today you’re not wired for that.”
We’re talking about a decision on a thing that could run up in the hundreds of billions of dollars. What we’ll do is we’ll incent people to go buy a Tesla or some other electric vehicle, because we’re going to give that rebate to those and have other people have to live with what they have. And then on the back of the very people who are living with what they have and having to pay the higher gas prices, we will rewire the province. I’m assuming that’s what they want to do, at a cost of billions of dollars.
Reality is going to come home to roost on this one. The reality is that all that work, all that study, all those meetings I went to back in 2007, 2008, 2009…. The reality of listening to how the NDP tried to campaign on axing the tax, the carbon tax, which today they take $10 more a tonne and take it out of every single person’s pocket at the pump — and they subsidize industry elsewhere, because they don’t want to actually give it back to British Columbians to clean up the climate — is what they’re faced with today.
I won’t call it a fraud. I will call it a multi-billion-dollar misdirection, for a piece of legislation, that can’t be accomplished in the reality of how you actually get electricity to flow to the right places at the right time in British Columbia.
D. Davies: It gives me pleasure to stand here today and give my two bits on Bill 28, the Zero-Emission Vehicles Act. Certainly, I’m going to come at it from a perspective of rural B.C. — of course, speaking on behalf of the great constituents of Peace River North — and how this bill is going to have significant impact on more rural and remote areas of British Columbia.
We’ve heard in the House here many, many times how diverse our province is, which is great. I think we all embrace the diversity that we have in our province. From up in my area, I look to the west, and I see the Rocky Mountains. I look to the east, and I can see Winnipeg, with the Prairies and the vast agriculture; moving over to the coast, of course with the ocean; and down into the Interior, where we have the wine region. I mean, this is what makes British Columbia beautiful, fantastic. The diversity is what I certainly appreciate from our province.
However, often we see these bills come forward, policies coming forward, with a cookie-cutter approach. It is something that even before, when I served in local government, we would see government come out with cookie-cutter policies that might work well here in Victoria or Vancouver but do not work well for Fort St. John or Kelowna — or Terrace, for that matter.
I think that this is one such policy. This is one such bill that I don’t think has taken into consideration British Columbia’s diversity. It is definitely a cookie-cutter approach.
When I see places like Fort St. John and our winters…. I’ll briefly define winter in the North Peace, and the South Peace would be very similar.
Interjection.
D. Davies: “Usually a little warmer,” he says. Just a smidge.
My children never…. Well, they get to wear Halloween costumes, but it’s usually under their snowsuit, because usually about mid-to-end October, that’s when the temperature is dropping down to about minus 10, minus 15, even colder sometimes. It just keeps going down and down. By the time we’re hitting toward the end of November, we are usually hovering around the minus 25 to minus 30 mark. It’s usually in and about there, between minus 15 and minus 30, right through until — well, this year — March. I think it’s important to keep that in mind when we’re talking about electric vehicles.
Just before I came here today…. You just have to do a quick search. There’s lots of research on batteries — the lithium-ion batteries, which is now the main battery that’s used in electric cars — and how the cold weather impact these batteries.
I found it quite funny. This is a lot of American information, so bear with me. They’re talking about when a battery is cold, they know for a fact that the battery performs less efficiently, does not hold a charge as long — in fact, a 20 percent reduction in energy from the battery — on temperatures from 32 degrees Fahrenheit to 20 degrees Fahrenheit.
Now, put that in perspective: 20 degrees Fahrenheit is minus 6, and we’re already looking at losing 20 percent reduction in capacity and output at minus 6. Well, minus 6 — that’s a September temperature in Fort St. John, maybe an early October temperature. As it gets colder, the research shows that there’s permanent damage to batteries.
Some of the recommendations…. I printed off — this is, I think, from the Tesla website — tips for driving while cold. I’ll read a couple of them here. “Turn off your wipers in the winter to avoid damage.” I mean, when it’s snowing and we have ice and everything else, I’m not too sure how we’re going to do that.
“Preheat and warm up the cabin as well as the battery for at least 20 minutes prior to driving your car.” A lot of people don’t have garages in Fort St. John, Fort Nelson, Dawson Creek and other communities. People that live in apartments have to park outside.
“Expect substantial range reduction in the cold.” I’ve already talked a little bit about that.
“Short trips dramatically reduce the range in cold temperatures.” Well, when it’s 40 below, you’re going to be driving to the grocery store. You’re going to have to drive to pick your kids up at school. Then you’re going to be driving them to the sporting events that each of your children attend. You might have to go to your employment. You might need your car as a delivery service. Short trips in cold are a no-no for electric vehicles.
It talks about limiting use of brakes.
“Turn on the chill mode.” Okay, I think minus 40 is a little bit beyond chill.
“Park in a garage or covered area.” I talked about that. Again, a lot of people do not have garages or even covered ports. I’m not sure of the number of apartments that we have just in Fort St. John, but there is a significant amount of people that live in apartments or in townhouses and park in the street and will not have access to this.
“It is strongly recommended….” And remember, we’re talking minus 6. I could not find anything other than talking about extreme temperatures, which are critically harmful to batteries. At minus 6, it’s strongly recommended that you use a battery heater when you’re charging in the cold — not 110 volt, as it cannot keep up. So there opens up a whole new range of infrastructure that I know my house doesn’t have. Well, I guess my dryer plug-in is 220. The oven, I think, is the other one that’s 220. I guess I could get an extension cord and run it from out there…. I don’t know.
My point on this is…. We’re talking 20 years from now. I don’t think any of us in this chamber or that work in this place argue the fact that we want to reduce our emissions. We want to see improvements on what we’re going to leave behind for our children and our grandchildren. But I also need to stress the point that with the diversity of this province, we also need to take a realistic approach when we are introducing any kind of legislation in this House, and I don’t believe Bill 28 has it, for just some of these reasons.
I talked briefly about the freezing. Again, we’re talking minus 40 sometimes for up to seven or eight days, an entire week. In February this year, I think we had in excess of — I don’t know — ten to 15 consecutive days where we were below 30 below.
When I see “permanent damage for frozen batteries” or “significantly impact the ability to hold a charge from batteries freezing,” that’s going to be a fact of life for electric vehicles up in the northeast, up in the northwest. I mean, Terrace gets 20-below weather. Prince George gets 20- or 30-below weather. This is much easier, I would say, certainly, to have in the Lower Mainland or here on the Island, but it’s not going to work in regards to the extreme temperatures that we experience in the north.
Another thing: distances. We have great distances to travel pretty much when you leave the Lower Mainland. Your distances to travel to go shopping, distances to travel to go to schools…. Everything increases, and it increases more as you head further north.
Just an example, my riding alone, and I’ve talked about a lot in this chamber, is almost 170,000 square kilometres. It’s the size of four small European countries. When we talk about batteries having a 300-mile range, 200 miles in the cold weather…. When I say 200 miles, that’s 321 kilometres. Remember, when they’re talking cold temperatures and all the stuff I found here, that’s minus 6. So when it’s minus 30 or minus 40, we could significantly reduce that again, and I’m not even sure what it goes down to. Maybe 100 miles is all.
When I look at even just maybe travelling to Fort Nelson, which I do every four to six weeks to visit my constituents up in Fort Nelson…. I have an office in Fort Nelson. When I go up there, we’re talking upwards of 500 kilometres, with a little community called Wonowon that’s roughly 70 kilometres north of Fort St. John. When I say community, I should say a service station and some houses. The next place is Mile 143, Pink Mountain, which has got a service station. When you get north of that, there’s nothing. There are certainly no charging stations up north of Fort St. John. So what are people to do that need to travel between Fort St. John and Fort Nelson?
We’ve talked lots in this House, as well, about rural health care. People in the north, people in rural B.C., have to travel significant distances to obtain specialty health care. People in Fort Nelson cannot have a baby. There are no maternity services in Fort Nelson. They are advised to go to Fort St. John three weeks prior to their due date and have their baby in Fort St. John. Now, I can talk about the health care issue. That’s a complete other issue. I’ll save that for another day. But people have to travel from Fort Nelson to have their baby. They have to travel to Fort St. John, 450-plus kilometres.
This puts people at risk on a remote highway. Yes, there are vehicles going back and forth. But in the wintertime…. I’ve driven that highway before. If you’re travelling at night because you need medical treatment in Fort St. John, there are not a lot of vehicles that travel that highway. I guess they’re all going to be electric in 2040 anyway, so everybody is going to be facing the same concerns and same issues. But it puts people at risk that have to do this.
Prince George is the home of the northern cancer centre. The province has put a significant amount of money into that, which is a great thing. There are a lot of people in Fort St. John or Dawson Creek or Fort Nelson, other areas, that have to drive on a regular basis from Fort St. John to Prince George to receive medical treatment, to receive cancer treatment as well as other specialty treatments. Prince George is 438 kilometres from Fort St. John.
The range is not there, especially, again, if we go back into the winter months. I have real concerns that the range is ever going to be there. I mean, technology will improve. We know that technology will improve, but I don’t think, in 20 years, that we will be to that point to make the significant changes and mandate that everybody buy an EV by 2040.
A lot of people, again, travel to Edmonton for appointments, for medical appointments. Edmonton is much easier to get to for us than going down to Vancouver. We’re talking a difference of a 15½-hour drive versus a seven-hour drive. A lot of people get referred to Edmonton for specialty appointments. So we’re talking almost 700 kilometres now. Now, granted, you go through a couple of communities. The city of Grande Prairie is approximately, I think, in the area of about 50,000 people or thereabouts. They currently have two charging stations, by the way, in Grande Prairie — only.
I think Whitecourt would be the next town that has a charging station. But people are travelling, again, great distances in vehicles that will not have that capacity, unless you’re going to stop somewhere and charge. Again, this is Alberta, and I don’t foresee Alberta bringing in this legislation any time soon. But people are still going to be required to travel to Edmonton to go to their appointments.
We won’t have an internal combustion engine to drive. We’ll be taking an electric vehicle into Alberta, where who knows what the infrastructure is going to look like in Grande Prairie. Again, it’s a city of almost 60,000 people, and they’ve got two stations today. I didn’t look at how many charging stations Edmonton has. I know they do have some, obviously, but what is that going to look like in just 20 years from now?
It’s unique up in the northeast corner because there is a lot of movement of people between British Columbia and Alberta — a lot of movement. Whether we’re talking commerce, medical appointments…. Like I said, there are a lot of people that go to Edmonton — and Grande Prairie, for that matter — for medical treatment. There are a lot of people that work, of course, with the oil and gas industry, back and forth. A lot of work happens in between the two provinces. How is that going to work?
In the bill, it talks about light-duty motor vehicles — a half-ton pickup and under. A lot of people up there have a half-ton pickup because they require that for employment. They require that if they work in the oil and gas industry, when we’re hauling around a surveyor that requires a quad to go surveying in the back country. The tools that are required to do a lot of jobs that are required up there…. There is a requirement to have a pickup, and a half-ton pickup is significantly cheaper than when you start going in to your three-quarter-ton or your one-ton pickups.
I think there is also the luxury tax that starts playing a role there as well. A half-ton pickup would not be captured under that, but when you go up to a one-ton vehicle or other, it will be. Again, it’s a cookie-cutter approach that is penalizing people that are required to do certain things that aren’t required elsewhere.
One of the biggest concerns, then, that I do have for rural B.C. and the people in my riding is the travelling of great distances, not because they just want to. It’s the travelling of great distances because we have to. We need to go to these medical appointments. We need to go to Edmonton. We need to go to Prince George. I might also add, too, that driving to Prince George, you have to go through one of B.C.’s passes, the Pine Pass, which often isn’t the greatest pass to be going through in the winter. Once you get out of Chetwynd, you’ve got one little gas station at Mackenzie Junction, which does not have a charging station, by the way, and I’m not sure if they will have a charging station 20 years from now.
I just see so many issues with this legislation for my riding, and certainly for more rural ridings, that are going to be challenged on just access to the infrastructure around it. I’m not going to belabour the point here. It’s been talked about numerous times by my colleagues. But it is an issue, and it will be an issue, even in Fort St. John.
There are only two charging stations in Fort St. John. There are a couple of vehicles that are electric vehicles. They don’t drive in the winter, by the way. I’ve never seen an electric car in the winter, but I do see them in the summertime. So those people must have a garage that they can park it in and keep it warm all winter. But even then, those two electric charging stations in the summer, you know, people just park at them. They plug their car in, and they’re there all day long. So I see significant issues coming that way as well.
We’ve talked about consumption of electricity. Site C, of course, is in my backyard. It’s roughly eight kilometres away from my home. You know, there was lots of opposition in this chamber by the government side initially about Site C. As B.C. electrifies…. When I say electrifies, I’m talking a push to move to more electric vehicles, a push to move away from fossil fuels, so we’re talking heating homes, heating apartments. We’re talking, even in industry, a move to move off of fossil fuels, to electric-driven motors. There is a massive move to electrify British Columbia. And when you layer, of course, the electric vehicles onto this….
I’m just going to go a little off here. I talked earlier, from the Tesla website, about plugging in the extra battery warmer in the wintertime. There is already incredible surge on the grid right now that pushes it to the limits in the wintertime when everyone’s heaters are on. Things are always plugged in. We’re almost, right now, at maximum capacity. And again, 20 years is not very far away. When we start driving all of this stuff — pardon the pun — onto our electrical grid, as mentioned here before, we’re going to need three Site C equivalents to put everything onto the grid that we are pushing toward. Where is that going to come from?
I know where it’s going to come from. Well, I don’t know where it’s going to come from, but I know who is going to be paying for it. It’s going to be every single one of us, as British Columbians, paying for this incredible push of required infrastructure. There will be significant costs to do this.
We’ve already, again, seen challenges about how some of this is going to be drawing onto our grid. I wonder what the plan is for our communities that are not on the grid. I’ve got communities in my riding…. Toad River. I’ve got two First Nations communities, Kwadacha and Tsay Keh Dene. They’re off grid. They run on diesel generation. How is this going to impact them, for them to be required to have electric vehicles in these remote areas that don’t have access to the B.C. Hydro grid? There is no plan. There is no talk about that in this bill.
I’m sure there are other communities in my riding that aren’t on the grid that are on diesel. But those are three fairly significant communities that are in my riding. So I would be really curious to see what the plan is for some of these communities that are remote, on diesel power generation and how that is going to work. Actually, I believe even Fort Nelson is not on the B.C. Hydro grid. They’re through cogeneration at the Spectra gas plant.
There are some significant challenges that I don’t see addressed in this bill. I’d be curious. Again, these will be certain questions that I’ll be asking in committee stage as well.
I’m not sure if it’s been mentioned or not, just about the aspect of the lithium and the mining of lithium. Like any resource in our world, lithium is a finite resource. Right now lithium is mainly being mined in Australia, Chile, Argentina, China and Zimbabwe. Those are the top five countries that mine lithium.
Well, as we start talking about a resource being depleted, what happens with that resource? It goes up in value. Electric cars are already only pretty much affordable to people because of significant subsidies. I will guarantee that as lithium becomes a rarer resource, the cost to produce electric cars is going to increase significantly. Maybe the word astronomically even comes to mind, when you start having something that’s…. Well, look at gas prices. We’re talking about a supply issue right now, and we’ve seen gas prices go off the charts. Well, imagine what’s going to happen when lithium gets down to that end piece where it’s rare.
Now, granted there are recycling stations, but the recycling of these batteries is nowhere near able to absorb what is expected. If we look…. I don’t have the number here, but I did see something on…. In 2040, the amount of batteries that will need to be recycled is an incredible number. And they don’t expect the recycling facilities to be anywhere near capable to be handling all the batteries that will need to be recycled.
Again, I think we’re kind of putting the cart before the horse. That’s a double pun as well. Not bad, right? Not bad at all. This is the cheap entertainment you get here today, folks.
I want to make sure I don’t miss anything on my incredible notes here that I was making.
Interjection.
D. Davies: Oh, great. Thank you.
I also want to talk briefly, just to mention a comment on the member for Oak Bay–Gordon Head, who mentioned earlier today that…. He was talking about when you buy an electric vehicle, you drive it off the parking lot, and you never have to go back to the dealership until you buy your next electric car. Well, I’m sorry. I’m going to call him out on that. There are issues, just like every other car has. There are powertrain issues. The number one issue right now on new vehicles are electrical issues, and they’re the most expensive and hardest to diagnose in a car. Electric cars are no different.
I just want to call him out. He made it sound like you buy an electric car and drive it off the parking lot, and you’re hassle-free for the entire time you own your vehicle. Well, that is just not true. There are equal amounts of issues that can happen and do happen to electric cars, as any other car.
Just finally, talking about Alberta. Myself, Peace River South actually even more so, where you are right against…. You’re one hour from Grande Prairie. I just wonder the challenges that are going to be, as people are obviously…. Again, I mentioned Alberta is not going to change much, I don’t think, moving to….
I certainly don’t think they’re going to be beating us on a move to electric vehicles, but there are going to be significant challenges as well, I think. Certainly, in our border communities that border with Alberta, there are going to be challenges to having gas vehicles being sold one hour away from Dawson Creek, in Grande Prairie. I think these are some challenges that we’re going to have to be looking at.
Anyways, I’m looking forward to committee stage. I’ll take my place. I’m happy to speak on behalf of my constituents.
J. Rustad: It’s a pleasure today to stand to say a few brief words about Bill 28, the Zero-Emission Vehicles Act, 2019.
When I first heard of this act, I had this vision in my head — thinking about the future, thinking about my riding of Nechako Lakes. You know, no gas stations needed. Everybody would get around in electric vehicles. I thought about what that would mean throughout the riding. Then I quickly realized, as I thought about it: “Well, my riding is 2.2 times the size of Vancouver Island. It’s 72,000 square kilometres, and just to go from one side to the other along Highway 16 is 280 kilometres.”
I figured: “Well, okay, let’s take a look and see what vehicles have a range of 280 kilometres, just to get from one side to the other but not to get back.” To my surprise, there wasn’t any. I thought: “Oh, that’s kind of interesting. So if I needed to go around in my riding, to go from one community to another and back, how much time would it need to be able to do that in an electric vehicle?”
I’d have to find a vehicle that I could max out the range on and could get out there. Then when I’d get there, I’d have to be able to have a charging station that could charge it fast enough so that I could actually get home that night in terms of it. Those are some real challenges for rural B.C. and the distances in rural B.C.
Of course, when I was looking at the range on some of these vehicles, I then quickly saw the fine print. That range is only if you aren’t using air-conditioning, the heater or the other electronic devices in your vehicle. As soon as you turn on the heater — in my riding, it’s not uncommon to hit minus 30 or minus 40 in the middle of winter — suddenly now your range goes from a potential of maybe a maximum of 250 to where maybe you can get 100 to 150 out of your vehicle. I couldn’t even get from one side of my riding to the other with the current technology.
I think: “Well, you know, it’s a worthy goal. It’s a nice thought to be able to have this, but the realities in rural B.C. just don’t allow for it — not with the current technology.” Now, I know that technology will advance, and battery technology will advance. These are good things, and I look forward to seeing those types of advancements. But a bill that is designed to set a limit based on an unknown technology and capacity just doesn’t make sense. What is it we’re trying to do here?
Then I thought, “Well, maybe it’s an aspirational goal,” like it was for the $10-a-day daycare that was talked about by the NDP. “Maybe this is what this really is: it’s just an aspirational goal.” But does it make sense to be setting policy and setting rules within the province based on some aspirational thought, without basis in reality? That just doesn’t make sense to me. I can’t quite understand it, except that it’s about politics and votes, perhaps.
Now, I know that the people in my riding would love to be able to get around using things like electric vehicles, but it’s not just about passenger vehicles. I’ve got lots of people that go to work. They need pickups. They need half-tons. They need the ability to be able to go out on tough roads and get around. How does that work with an electric vehicle?
For people that are going out logging, they can easily drive 150 kilometres or more, one way, in the middle of winter, to get out to a logging site, have their vehicle sit in minus 25 to minus 30 degree temperatures all day while they’re working and then have to drive back. How does that vehicle charge? How do they get the range for something like that for vehicles? I scratch my head, and again I think: “This just doesn’t make sense. Why would this be happening?”
Now, I think we can all agree we would like to see that utopian world. Sure, we’d love to see all the vehicles be green, especially cities like this. I think in Vancouver or Victoria, these types of places, it makes a lot of sense, but for most of the province, it would be very, very difficult to imagine this type of policy being implemented.
Recently I had an opportunity to see some things that were going on in European cities. You know, they have bikes everywhere where you can just go in, scan the bar code and can rent it. You can go. They even have these little trike things or these little two-wheeler things set up with batteries on them. Once you get going, the battery kicks in, it’ll go and move you along.
People are zipping around all over the place. It makes great sense. I love to see that sort of stuff. Imagine that on ice and snow. I don’t think it will quite work. These policies and stuff make sense in those types of communities, and I’m happy to see that happening. It’s helping people get around. It’s healthier. It’s all done and based on electricity. Those sorts of ideas make sense.
Once again, with a bill like this, you’re setting targets that are not achievable in the real world with the technology we have today. Maybe there will be the advancements. Maybe there won’t be. What if there isn’t? How do I go out and buy a new vehicle and get around in rural B.C.? Do I have to go to Alberta to buy it and then come back? I mean, is that what we’re trying to do? Are we trying to say that for a province like this, when you’re living in rural B.C., you’ve got to go somewhere else to be able to have the mobility to get around?
My colleague had mentioned going for doctor appointments and these types of things. That’s regular in my riding too — people having to drive long distances for appointments and to be able to get around because there aren’t the services within communities.
Now, of course, all of this is…. Like I say, they’re worthy targets. I think it’s a great thing to be able to aspire to this, but let’s put some reality behind it. The electricity alone, when I think about passenger vehicles…. I did this math during the last election, back in 2017. I thought: “Okay. If we’re going to have electric vehicles on the road, how much power does that need?”
I know many of my colleagues have talked about this, but it’s worth mentioning. If just a third of the vehicles in British Columbia were to become electric, passenger vehicles only…. We’re not talking about transportation trucks or heavy-duty type stuff. If just a third of those were to become electric, you would need 100 percent of Site C to power them on an ongoing basis. That means that if all of the vehicles were electric, you would need three Site Cs, plus a fourth just to meet all the additional power requirements that are up in the province.
Where is that going to happen? Where are we going to build additional dams? We already have a government that’s opposed to independent power and independent power production and that wants to move away from that. Where are we going to get this electricity? Certainly, we’re not going to be doing coal-fired plants. I’m sure that’s not what the government is thinking about doing.
Where is this power going to come from? Is it going to be nuclear? Are they going to be putting solar panels and windmills all over the place and linking a major grid all around the province so that they can move this power around? Maybe. Maybe that’s what they’re thinking of doing. But how are you going to back up that power? How are you going to firm that power? Are you going to have gas-fired plants? What are you going to be doing?
Maybe you’re thinking that there will be battery storage for all of this. That’s what all these cars will be doing — running around storing all the power that comes out of this system. I don’t know. The reality is that there isn’t a plan. At least, there’s not a plan laid out in this bill.
In addition…. My colleague from Langley was talking about this. Some of my other colleagues have talked to me about this as well. Our grid doesn’t have the ability, at a local level, to be able to do massive power charging of vehicles. You start wanting to put in a high-speed charging system in your house. That’s good. You can do that. But if everybody in your neighbourhood did it…. The grid is not designed to handle that. You’re going to have to do major upgrades to infrastructure around the province even to come close to trying to meet these goals.
Right now we have these free charging stations all over the place in the province. It’s good. It’s a way to encourage people to get into electric vehicles. How does that work in terms of people wanting to charge up their vehicles? Are we going to have free power stations for everybody everywhere? When is that going to switch over? What’s the plan around doing that so that suddenly road sides…?
Road taxes. Gasoline taxes. All that is designed to help with our roads and our infrastructure. If we’re not having gasoline come in…. Where’s the plan on replacing the carbon tax? Where’s the plan on replacing the revenue that’s going to come in on the various gas taxes?
And 2040 is an interesting target, but there are a lot of things that need to be put in place in order to make something like this work. Otherwise, this is just pie-in-the-sky politics without those kinds of plans. I don’t think a person…. I don’t think a government should be making policy based on pie-in-the-sky ideas. I think they should have a firm plan. If they’re committed to this, if they’re committed to the policy of zero-emission vehicles by 2040, put all the rest of the pieces in place to go with it. Have a general plan. Have how government is going to lay this thing out and roll this thing out over the next ten to 20 years so that it can be achievable.
That’s what we did with LNG. With our government, when we looked at putting a plan in place around liquefied natural gas and an industry, we put all the ministries behind it. We put the pieces in place. We did all the structure that we needed to do to support it and to build it, and now we have an LNG industry. That’s how you do policy. You don’t just put a policy out there saying: “Hey, we want LNG in B.C.” and hope it’ll happen, or put a policy in place, “Hey, we want zero-emission vehicles by 2040,” and hope it’ll happen.
You have to have a plan that has goals and targets and be able to address all of these kinds of issues. How do you get around in rural B.C.? How do you get charged? How are you able to make sure that people can get around in winter and through these challenges? How do you make sure we have the power in this province? How do we have the grid to deliver that power? How do we deal with taxation and that side of things?
You have to have a plan. This is a big issue. It’s a worthy goal. I think it’s a worthy goal to go after, but you have to have a plan in terms of how you’re going to deal with these things. If you don’t, then this is just politics. I don’t think government should be just running things based on politics and that sort of process.
When I think about countries around the world — in particular, Germany — they’ve got a big push to go to electric vehicles. They’ve got subsidies and stuff in place. There was a recent report that was just done that actually came to a conclusion that electric vehicles produce more carbon dioxide than a combustion engine does when you look at the broader thing. So what are we trying to do?
Believe me, I think it’s great if we can move away from fossil fuels. I think that side is good. But if the rationale for doing this is because you want to reduce greenhouse gases, how does that work? If a vehicle is going to be producing more greenhouse gases than the current type of vehicle, when you look at the whole life cycle, are we actually making things worse by this? How is that going to change? What’s the plan within government, then, to deal with these types of issues? Once again, there is no real plan around it. It is just, once again, politics.
It is interesting, though, when you look at it, because other countries around the world are looking at this as well, looking at trying to get to zero g emissions. Vehicle companies are talking about stopping vehicle sales that aren’t electric vehicles and changing over structure and stuff. Hey, you know what? That’s great. That’s the way the world changes, and that’s a good thing. I’d be happy to be able to be part of it, if it can fit where I live.
I live in a little place called Cluculz Lake in my riding of Nechako Lakes. I have to drive 35 kilometres to get to my office. I’ve got to drive 70 kilometres to go into Prince George. I’ve got to drive 80 kilometres to get to the airport. Can I get to the airport and back in the middle of winter — and my car has got to sit there for a week while I come down to the job here? Or does the airport now have to put in infrastructure so I can plug in my car at the airport? How would that work?
It’s a good question, an interesting question that has not been thought about and addressed in terms of all the structure that goes in place.
When I look at this, once again, I think the goals that they’re trying to achieve make sense. I think we all want to see this movement away from fossil fuels. I think we want to do this, but there has to be some planning. You have to be able to go to the voters and explain how you’re going to get from point A to point B. What is it that you’re going to do? Are we going to be putting in large-scale electric-generation plants of some kind? Is that going to be nuclear? Not going to do coal, obviously. Are we going to say that we can do natural gas–fired? Where is the plan?
I used to do a lot of work with the clean energy sector when I was the Minister of Aboriginal Relations and Reconciliation, as it was called back then. It seems almost like a long time ago now. I did a lot of work with the clean energy sector. They were very keen on the projects and bidding on the infrastructure and the ability to be able to get some of these projects going. I was very pleased that we could move forward on a bunch of these types of agreements and the projects, the First Nation involvement, the revenue streams that came with it. We have got 25 percent of our power now, today, on the grid, coming from these independent power projects.
That’s a great thing. And 98 percent of our power in this province is clean and renewable. That’s an even better thing. There isn’t a country in the world that has our stats in terms of what that electricity and energy is. But how do we meet that future need? Costs would have to go up dramatically.
When you look at the cost of wind or solar and think about adding in what that would be for the grid here, you’re talking about doubling the power prices in this province, if not more. Are you going to go out and talk about that in terms of meeting your target for 2040, of all new vehicles being electric?
That’s an interesting conversation to have. I wonder what the voters would say about that. Is that where they want to go? Maybe it is, but it’s a conversation that needs to happen, as opposed to just setting targets out in the sky without any plans whatsoever.
It’s disappointing to see this type of a bill come forward. Goals are worthy, but it’s disappointing to see it come forward without those kinds of thoughts and plans. You know, I was thinking about it. Maybe, if I were to drive down to the Legislature, maybe it would have to be like the old Pony Express, where I jump in the vehicle and drive until I run out of juice. I get out at whatever that station is going to be, at 100 Mile House or 80 mile house, and go in there and change out my batteries, right? Then I can drive on, and those batteries would be charged.
Maybe that’s the way the world would work. I don’t know. Seems kind of odd to me, but you never know. I suppose people have to do what they have to do to be able to meet government policy once it becomes law, because short of that, you’re going to have to break the law.
Not to mention, for those people that still have gasoline vehicles: are we still going to have stations for filling up? How are we going to get gas around this province? Mind you, that may not be an issue if we can’t get a pipeline built, I suppose, down the road. But regardless of all that, I digress.
Interesting concept. Happy that we’re having this kind of conversation, but let’s make it a much broader conversation about all the other issues that need to be solved in order for this to be realistic legislation in this Legislature.
Deputy Speaker: Recognizing Columbia River–Revelstoke.
D. Clovechok: Thank you, Madam Speaker. It’s always a pleasure to see you.
Here I’m very pleased to stand and speak to Bill 28, the Zero-Emission Vehicles Act. The challenges that come with climate change — we’re all very aware of those. It’s becoming more top of shelf. I was just recently at a municipal government conference in Castlegar this last weekend. The Columbia Basin Trust did a fantastic workshop on climate change. It’s top of shelf for all municipal governments and certainly should be top of shelf as well for provincial and federal governments.
There is something definitely amok, as the climate goes right now. For individuals, no matter where they live…. I know that where I live the biggest issue for us is wildfires. That is something that we’re going to be, unfortunately, likely dealing with this year. The Meachen Creek fire that actually put Kimberley on alert last year and evacuated St. Mary Lake….
This climate change is having great impacts, as I already said, on wildfires but also on wildlife. The changes in wildlife patterns, the loss of habitat because of climate change. Not only the loss of, but it’s changing animal behaviour in terms of we’re seeing animals that are migrating north into our regions that have not been here before.
It’s creating behaviours that are different in animals. I can cite an example, what they call now the coywolf, where coyotes and wolves are mating and creating a new kind of animal called a coywolf. They’re running in these massive packs, these super packs, of anywhere from 25 to 40 animals.
We’re starting to see this climate change phenomena certainly having an impact on wildlife and the way that these animals behave and, frankly, the creation of new strains of animals. Of course, there are the invasive species that we’ve got to deal with. We’re seeing insects that we’ve never seen before and, I think, the spread of disease.
The bottom line is that climate change is very real, and it’s something that we’ve got to be aware of. This is why, I think, if you look at this legislation, which I don’t think is broad enough or comprehensive enough to even consider passing…. But I think the broad thrust of this legislation is important in helping B.C. move towards zero-emission vehicles, if that’s ever achievable by 2040.
You know, I look back at our previous government. We set the stage, really, for this to happen — this shouldn’t come as any surprise to anybody — in a way that had nothing to do, really, with vehicles and the emissions that they produced.
Despite, if you look back in history, an army of doubters, we went with the vision to build the Site C dam. The reason we wanted to do that was to create electrical opportunities for future generations so that we would have enough power, if we ever needed to draw upon that, and to have that electrical capability to move more of our economy toward zero-emission and clean, green energy.
I’m pleased the members opposite have had a good, strong look at the policies that we were putting forward and have adopted those. It speaks, I think, volumes to the vision that we had at that time. There were those who questioned the need for that power, as they charged their multiple electronic devices. We live in a world of electricity.
I think there’s only so much that you can charge and there’s only so much that you can do with the electrical capabilities that we have today and, in some cases, even the drawdown of water. That in itself is a bit of an issue. But let’s be clear. There’s no way you can have a province where every vehicle is zero-emission without readily available and plentiful electricity. We know for a fact…. That is a fact. You’ve got to have that electricity. I’m not sure the folks that are putting this bill forward truly understand that concept.
In 2017, there were close to 3.7 million vehicles registered in the province of British Columbia. That’s a lot of vehicles. On average, they say that’s going to go up by about 80,000 a year, so by 2040, we’re talking about approximately five million vehicles. That’s a lot of vehicles that are running on electricity. If that year seems far away, it is kind of far away, when you think about it.
Honestly, when you look at a bill like this, it’s not visionary in the sense that no government, unless they have a crystal ball — I don’t think that the folks across the aisle have one of those — and no corporation can know exactly what the world will be like in 2040. We just don’t know. I’m not sure how this forecast can possibly be realistic.
A 21-year plan or a 20-year plan from now — I think it would be more feasible to look towards five-year plans or even a ten-year plan. So 20 years out, I don’t know how they’re going to figure that one out. But I think it’s really dangerous to make assumptions about something as simple as the price of a zero-emission vehicle in ten years, let alone 21, as I mentioned. I really don’t get that.
Yet the foundation of this bill is an assumption that zero-emission vehicles, which are financially out of reach for the working family in B.C., will be cheap and plentiful. Again, I’m not sure where that crystal ball comes in. Right now it’s very expensive, and it’s tough to buy these things. Then again, when you consider the exorbitant price of gas today, even gas vehicles are almost out of the reach of most people.
As a matter of fact, I just got a call last weekend from a very distressed young man in Canal Flats. He drives a lumber truck, a logging truck, and has got a couple kids — just a solid young man who’s working so hard. You know, with the gas prices and everything going the way they are, you could tell he was emotionally distraught. “How am I going to continue to support my family? How is this affordable?” This is what his question was. “These guys keep saying they’re making life more affordable. Well, they’re not. They’re not making life more affordable. It’s causing my family distress.”
If you look at the gas prices and then you think about how this young guy is going afford to fill up his logging truck, let alone try to run a logging truck on electric, it’s just not feasible.
Needless to say, I think it’s an aggressive timeline for such a massive shift. Where is the education associated with this as well? I’m from the business world, and I would hope that there’s a business plan out there that has some key performance indicators, year by year, that would indicate whether or not they’re on track with this and how you are going to get from A to B, because without a business plan, you have no plan at all. I don’t see that in this bill at all.
In six years — that’s 2025 — at least 10 percent of the new light-duty vehicles sold, at least in B.C., must be zero-emission. Five short years later, it is expected to triple, making an increase in affordability so critical. But where is the plan? Where is that? By 2040, all sales of light-duty vehicles will have to have zero-emission vehicles.
The viability of the government’s legislative targets for zero-emission vehicles sales relies on the affordability of these cars for the average British Columbian. Again, how do you forecast?
In the business world, when you’re looking at budgets and you’re looking at changes and being pre-emptive in your visioning, how do they know how this is going to affect…? Where is the pricing for this? How do they understand what those cars are going to be worth in 2040? How are they going to be affordable for British Columbians? That’s what British Columbians need to know. They need to know that the government has a plan.
[R. Chouhan in the chair.]
When it comes to affordability in cars, there are some British Columbians who would love to see a zero-emission car today, thanks, quite frankly, to the record prices at the gas pumps right now.
Welcome, Mr. Speaker. Good to see you.
Well, maybe we’ve stumbled on the reason the government refuses to do anything about North America’s highest gas prices. It’s absolutely shameful that this government has the ability and the capability of helping British Columbians, yet as recently as question period today, we saw a refusal of this government to even address any potential solutions that might be offered. Yet the Premier himself said that there would be. Unfortunately, that’s something that British Columbians aren’t buying.
I think it’s a plot to make the internal combustion engine more expensive. We all know that internal combustion engines produce the emissions, but they’re also becoming way more efficient, and they continue to become more efficient, especially with hybrid vehicles. I know that during my campaign, I had a Prius, which is a hybrid vehicle. I know how efficient and effective that vehicle was in terms of gas mileage, and that sort of thing.
I guess what we’ve got to look at is the whole concept of the fine folks across the aisle here just refusing to give up tax dollars rolling in to these record prices. So you wonder. It makes you question the motive. When you have to question the motive in such a bill, you really think…. It makes you really stop and put a check by that box and say: “Darn, I don’t understand what this is all about.” If I don’t get it, I know British Columbians aren’t going to get it either.
Ten, 15, 20 years from now, this government is counting on price drops in technology. Well, where is the crystal ball yet again to make zero-emission vehicles more affordable and to meet their sales targets? How do they know that? How did they get that information? I’m worried, like my colleagues on this side of the House, that this whole thing will fall apart if the prices don’t drop. That is a real potential. That’s a concern, no question about it.
We worked to make vehicles more affordable by introducing CEVs for B.C. vehicle incentives, for point-of-sale purchase incentives on new zero-emission vehicles.
We also had a number of other concerns about this legislation and issues. We look forward to exploring it in committee stage. That’s certainly going to be a great opportunity to sit down and drill into some of these really important issues that are associated with this bill.
From a 60,000-foot view, you can’t argue with it. You can’t argue with it when you think about climate change and things that I’ve already mentioned around climate change. But it’s going to be interesting to see the strategy and the purpose and the stages that they’re going to unroll this. First and foremost, I think we need to ensure that this legislation remembers the realities of living in rural British Columbia.
I am from rural British Columbia, as you know. I live in what is classified by the province of British Columbia as a remote rural riding. It takes me five and a half hours on a good driving day to go from the west end in Revelstoke to the south end in Kimberley. That’s on a good driving day — five, 5½ hours, depending on traffic, and certainly much more when it comes to weather. So this is going to have a significant impact on rural British Columbia.
I think it’s really critical that this legislation or this proposed legislation looks at and ensures that it doesn’t punish those living past the greater Vancouver regional district. It makes sense in greater Vancouver, in the Lower Mainland. But we just want to make sure that rural British Columbia is always considered in these decisions. The way it sits right now, from what I have been able to see and read, that’s not there.
It doesn’t come as a surprise, because, honestly, of some of the things I’ve seen of late happening in rural B.C. around legislation and moves, especially around wildlife. It concerns me greatly that rural communities and rural municipal governments aren’t being considered or discussed or engaged in these systems.
Again, we’ve got to make sure that their lives in rural British Columbia…. Basically, in my riding, with the loss of Greyhound, there is virtually zero public transportation — zero public transportation. This new transportation…. To the credit of the Transportation Minister on the other side, we’ve had long discussions. I’m meeting with her again very shortly about this situation in my riding.
There is some movement now, I think three days a week, that they’ll be coming out of Alberta and going directly to Vancouver, but that doesn’t service the south end of my riding, nor does it service those that want to go to Kelowna for medical appointments. It’ll go by Sicamous, through Salmon Arm, through Kamloops and on to Vancouver. It won’t head south, down through the Shuswap and the Okanagan.
In rural British Columbia, it’s a different story. It’s a different way of life. We have different opportunities, but we also have different challenges. I don’t see that here, and that concerns me greatly.
In my neighbourhood where I live, I’m very proud to say that we do have some charging stations now. There are charging stations in Invermere. There’s a charging station in Canal Flats. Yeah, I’m really excited to see that. Not many people driving those vehicles, though. Most of these vehicles are small, and where I live, we always are dodging elk and deer. I’d rather hit an elk…. I don’t want to hit one at all, but if it was to happen, that accident, I’d rather have it in my Tundra than a Prius; I can tell you that.
Even though we’ve got charging stations, the distances…. I want to come back to the distances — like I said, 5½ hours. I know a government official from Cranbrook came down our way to Invermere and drove an electric vehicle and spent an hour at the charging station in Canal Flats. Well, it takes me five minutes to fill up my truck. It’s a loss of time, and so on and so forth.
I think what I really want to focus on when it comes to rural British Columbia and this bill is the practicality of it. Where I live, we have two mountain passes. There’s the Salmo pass, and there’s also the Rogers Pass. In the summertime, they’re the most beautiful passes you could ever imagine anywhere in the world, both Salmo and the Rogers Pass. Some of the most striking scenery is through the Selkirk Mountains — initially coming through the Rocky Mountains and then on to the Selkirks and then on to the Monashees. You couldn’t ask for a more beautiful drive.
In the wintertime, it’s a different story. I think the record was up to 50 feet in the Rogers Pass at one time. Don’t quote me on that, but it’s very high and very cold. Golden can get the same kind of weather patterns as Alberta, with minus 20, minus 30 types of temperatures. That’s going to have a huge impact on these vehicles as people try to get across these very large and very dangerous, in the wintertime, mountain passes with these vehicles.
I think there needs to be more thought. Even from a research perspective with the automobile folks, they, too, are struggling with the batteries and how long these batteries will last. To be stranded in the Salmo pass in the wintertime, or the Rogers Pass, because your battery ran out of juice…. I’ll tell you, Mr. Speaker, that there are absolutely zero charging stations in any one of those passes. That’s a big deal.
I think the range of vehicles and how far they can go on that charge, as I mentioned, is a big deal. The temperatures I’ve mentioned, and the incredible snow cover. Will these vehicles be able to capably navigate these treacherous winter road conditions? Maybe they’ll have an electric 4-by-4. I don’t know. Electric trucks. I know they’re talking about that. If you’re living in downtown Vancouver, okay, you’ve got your pickup, and you’re doing all right. But where I live, there are very few charging stations, so I’m not sure how that’s going to work.
Emergency vehicles. We transfer, from a medical perspective…. Our B.C. ambulance services go to Alberta quite frequently and come back, and Alberta comes back.
How is that going to translate between interprovincial trade and interprovincial travel? My understanding is that you just won’t be able to buy a new vehicle. You can buy an old vehicle, which is likely less emission-friendly than the new vehicles. And what are they going to do in Alberta? It’s a service issue.
I think that there are so many unforeseen consequences that aren’t discussed here yet that are so important that we talk about, and that will be done, obviously, in the committee stage. As an opposition member, I think we’re going to have to remain vigilant in monitoring the measurements taken by government to legislate the supply of zero-emission vehicles. That’s something that we’re going to take on and, with great pride, do that.
When governments step into the market this way, there are, as I mentioned already, the unintended consequences. I think, like in any good business plan when you’re forecasting your five-year-out, whether you’re in the oil business or the technology business — any business where you have a business plan — it’s incumbent upon the president, CEO and his financial people and all of the senior people to really look at those forecasts. What are those…? “We’re going to do A, but will A create what? What is the potential of that happening?” I don’t see any of that here. You can avoid unintended consequences by thinking about them before they happen, and that certainly isn’t the case here.
Costs often rise and get passed on to consumers. Consumers are being bled dry right now, as you know, Mr. Speaker. I mean, you drive as well as I do. We know how expensive fuel is, and they’re getting bled dry already. And they’re not happy about it. So if this is going to be another cost to them, they’re going to be even less happy, and we’ll just have to wait and see how that goes. When the next government changes, of course, that’s going to….
A. Weaver: Green government.
D. Clovechok: Oh well. Good luck with that. All the very best, sir.
Anyway, apparently, the esteemed member just woke up.
A. Weaver: No, I’ve been listening intently.
D. Clovechok: You have so, sir. Thank you. I appreciate that very much. I say all of this respectfully to you.
Just like the NDP’s health tax is getting passed on to British Columbians through the higher municipal taxes…. Listen, I’ve got to tell you. This one kind of makes my head hurt a little bit, because they keep telling you…. There’s a pattern. There seems to be a pattern emerging here.
I certainly don’t want to ramble and get off topic here, because we’re about emission-free vehicles. But we’re talking about gas prices and other things. How can you possibly say that you’ve eliminated MSP on the backs of small businesses? I don’t get that. I just don’t get that. So it’s gone. We gave you a whole bunch of cash when you took government over to be able to accomplish that goal. But you haven’t eliminated it; you’ve just passed it on to another group of people through your taxes.
When governments step into the markets this way, as I said, costs rise, and they always get passed on to consumers. As I mentioned, the health tax…. Once again, with all due respect, Mr. Speaker, these fine folks across the aisle from me just seem to love red tape. They love it. They thrive on it. I continually hear this from people in my constituency. It’s so difficult to get anything done, whether you’re applying for a grant or…. God forbid that you’re applying for one of those. It takes forever. So less red tape.
I’m concerned that this bill will kind of lead down that road again, because it’s complicated, and there’s more to it than meets the eye. This act introduces massive increases in the reporting requirements of suppliers. So that’s another one.
I think the act introduces a complicated credit-debit system that will create even more burdensome red tape, again, for zero-emission vehicle suppliers. It’s about suppliers to you. You’ve got to think about who is going to provide these vehicles. You’ve got to make it easy for people to do their jobs and make money, because when you make money, you get to pay taxes. That’s how the government survives. Or they tax people that have money, then they leave, and then there’s no money left at all.
Under this system, a director in government will report each year on whether the year’s targets were met. That director will receive reports from vehicle suppliers while using this information to ensure an adequate supply of zero-emission vehicles. More red tape.
The challenge here is that government — not the market, not consumers — will determine the supply of vehicles. On what planet does that make any sense? In what universe does that make any sense? Supply and demand directed by government. Man, oh, man, I can see a disaster waiting to happen there.
The director can also order investigations and administer fines — so more government control; bigger government; more taxes; bigger government, not less government; not letting people make money and enjoy their lives. But Big Brother knows the best, I guess.
Under this complex system, suppliers are awarded credits and debits based upon supply levels. This is where it gets really complicated. Consumer sales of zero-emission vehicles and other agreements with the director concerning actions a supplier may take to reduce GHG emissions in B.C. for motor vehicles…. When you hear all that stuff, if you’re a dealer, all of a sudden your eyes get blurry.
Suppliers also submit a model year report — now, what the heck does that mean? — to the director, who’s in charge and has the power, each model year. This information will be used to report their point balance information. There’s some jargon that we’re definitely going to have to get to the bottom of and define that. Based on this, then, the director can administrate an automatic administrative penalty if the balance of credits versus debits is less than zero. Seriously. Seriously, the hand of god. Unbelievable.
I don’t mean to sound cynical here. I don’t. I don’t mean to sound cynical, but it seems like government is embedding….
Interjections.
D. Clovechok: I got them talking to me now, so that’s obviously a good thing.
This seems like government is embedding itself deeply into the sales process in a way that is fraught with dangers to consumers — and that’s who we should be protecting here and talking about — to costs of vehicles and to the very goals of the program itself.
Interjections.
D. Clovechok: I’ve got the member from over here talking to me now. Everybody’s talking. That’s a good thing. You know you’re doing your job right when that’s happening.
Anyway, then there’s the government’s continual lack of transparency. My goodness, I’ve never seen a less transparent government. It’s just time and time and time again.
Let’s talk about wildlife management just for a minute, because it has to do with gas emissions. It has to do with gas emissions. In one of the communities that I represent, which is Revelstoke, around the caribou issue, I had to push…. And to the credit of the minister, he finally relented and said: “Yes, I will meet and talk with the local municipalities, and I’ll talk with them.” That’s not transparency. We won’t even get into the Maple Ridge issue.
A. Weaver: What happened there?
D. Clovechok: Oh, you don’t want to know. It’s still ongoing, lock and load.
Then there’s the government, again, as I say, the transparency…. So many specifics of the program will be developed behind closed doors. It seems there are a lot of closed doors going on. We don’t want closed doors — we want it open; we want to have transparent discussion — lacking the scrutiny of the House and pushed out through regulation without consultation. People need to be talked to, and they’re telling us straight up.
At the conference I was at in Castlegar last weekend, the municipal folks that were there said: “We’re tired of being…. These guys keep telling us that you’re listening, but you don’t do any action around the listening.” It’s really important to listen when you’re in jobs like we have, but it’s really important to action the listening. That’s what they’re not seeing, and that’s why they’re so frustrated. And this is part of the problem I have with this bill.
It’s a bad way to develop the system — I think, anyway — that’s supposed to help accomplish goals, transition to zero-emission vehicles. It has the potential to really impact people’s pocketbooks.
The act introduces…. As I said, it’s just so darn confusing. It’s going to be interesting to listen to this one in committee. The details of making all of this happen deserve to be debated in public, and by goodness, we’re going to have a good hearty debate when it comes to this, Mr. Speaker, and I know that you’re looking forward to that.
It’s critical that British Columbians work to protect our environment and work towards lower emissions. This member believes that with his heart. I believe that we have to work towards it, but we also have to do it responsibly and transparently.
I look forward, in the committee stage, to digging deeper into this complex system the government is establishing and making sure that we actually reach 2040 targets envisioned in the legislation. As always, Mr. Speaker, it’s been a pleasure to stand and speak to bills here in the House. I thank you, and with that, I’ll take my seat.
Interjection.
M. Bernier: Well, it’s an honour to get up and speak to this, and I’m sure if the member wants to heckle me, he can. The other person is finished right now.
Interjection.
Deputy Speaker: Member, continue.
M. Bernier: I’d love to continue as soon as the member opposite would maybe calm down a little bit.
The issue here is really to sit here and talk about Bill 28. I just want to start off by saying that I hope that the members in government, the minister…. I know that the minister, hopefully, was paying attention to a lot of the comments. A lot of people, a lot of colleagues on my side of the House here, stood up and, I want to say, brought forward some very pointed and very good arguments during this part of this debate — some of the things that it looks like the government has left out when we’re looking at this bill, things that really should have been considered when a bill like this was being brought to the House.
Let me set the stage, first of all, by saying that I don’t think there’s any argument in this House about doing the best job we can for reducing greenhouse gas emissions in the province of British Columbia and looking at every opportunity to be able to do that. Where some of us, I think, are going to debate is when you bring a bill forward without looking holistically at the issue at hand.
Now, to say that we want to make, by 2040 — that every vehicle sold in the province of British Columbia must be an electric vehicle, again starts that whole conversation around affordability, around accessibility and around practicality as well, I would say, on a bill like this. If the government had put this bill forward and said that this was an aspirational goal, that it’s a target that we’d like to shoot towards, it’s something that we’d like to consider trying to achieve, then there might be some merits in a bill like this.
But to follow it up in the same bill and say it’s no longer aspirational…. If you actually don’t meet these targets, or if you fail to do the simple things like report, we’re talking about fines of up to $1 million to individuals or companies, half a year in jail, just because the government is trying to now make something illegal — selling a vehicle in the province of British Columbia unless it’s an electric vehicle. In my world, this is just a pure example of something that was not considered.
Now, it is the government’s job to try to curb habit with policy. I’ll give them this. I’ll agree that the government can put things forward, such as…. It was found that for safety reasons, people should be wearing seatbelts in cars, and people weren’t necessarily following those regulations or those policies. So the government had to put in a law to say that you must wear a seatbelt; otherwise, there’ll be a fine. You know, they do the same. We’ve done the same around drinking and driving because it’s proven that this has to happen — that we have to have policies around drinking and driving to make sure it doesn’t happen. If not, there are going to be fines and consequences.
But to go to the extreme of saying that we now have to curb spending habits in the province of British Columbia, that we’re now going to dictate how the free market is going to work, and if not, there are going to be actual large fines and jail time associated if you don’t follow through with the direction that this government wants…. Well, we’ve gone a step too far.
The government has…. The few members that actually spoke to this bill talked about how hard it is right now to get an electric vehicle because of the demand. Well, I’d say that’s a good thing. I’m not sure anybody is going to argue that. But if it’s working so well, if companies are already having a hard time keeping up, if people are already wanting to change their habits and buy electric vehicles, is this not a redundant piece of legislation that’s being brought in to try to accomplish something that members opposite have said is already happening?
The member for Nanaimo–North Cowichan tried to use the example of how technology changes so quickly, and he used the example of how we used to have old projector TVs and now we have the big screen TVs that have flat-screen and LED technology. Well, government didn’t put in legal policies to curb those changes. They let the market dictate and allow what people wanted, and the suppliers tried to keep up with consumer demands. That’s what happens in our society. But to actually mandate, to tell people: “This is how you have to purchase something now….” Well, if you can’t afford it, I guess you don’t get it.
We look right now at the affordability of a vehicle. People who can’t afford a nice new vehicle are buying used vehicles. People are buying internal combustion engine vehicles because they can’t afford a Tesla or a full zero-emission vehicle right now. Again, it’s aspirational. This government has said: “If there are more on the market, the price will come down. Look at the TVs.” Well, okay, I’ll give them that, but nowhere in this bill is it allowing for that time. Nowhere in this bill is it actually allowing for choice in the marketplace. In fact, it goes to the extreme of saying: “There are going to be penalties associated if you don’t follow through.”
Hon. Speaker, I should maybe let you know, too, that I will be the designated speaker on this bill. I forgot to let you know that, and I’ll give you as much notice ahead of time as possible on this.
Interjection.
M. Bernier: This is something that obviously, the leader of the Green Party, I know…. I’ll give him ample opportunity to heckle me through this, which I encourage him to do, because I’d probably acknowledge that….
I’m not sure if this was part of the CASA agreement or not. I would hope and assume that the minister and government would have done their due diligence when they were putting a bill like this forward and not just being pressured by the leader of the Green Party. Looking at the bill, though, I fear the latter, because I don’t see anywhere in here where the research was done. You know, the leader of the Green Party wants to take credit for this. Well, maybe I’ll give him that too, because now he’s batting one for four. How’s Site C doing? How’s PR doing? How are Trans Mountain, LNG?
I think it’s really important to highlight, again, that allowing the market to meet the demands, I think, is important. Society knows that we are going to be moving down this path. We also know — whether it’s zero-emission vehicles or other technologies that might come up over the next five, ten or 15 years — that we need to allow for that as well.
It does concern me, though, when government tries to put these timelines into policy here and it says: “By 2030, we’re going to have 300,000 fully zero-emission vehicles, fully electric vehicles, and by 2025, we’re also going to be at about 10 percent of our fleet.” Well, we’ve seen in California, which has about a ten- to 15-year head start, that they’ve been unable, as aspirational as it was, to meet those targets. And what does this government do? They come in and say, “Well, we’re going to actually put it into law, and we’re going to beat those targets that California has been unable to achieve,” with no work being done, no studies being done and nothing practically to prove that it’s achievable.
One of the points…. The member for Chilliwack-Kent, I thought, did an excellent job of highlighting the history and disruption and how technologies will meet demands, how people’s spending habits will change depending on need and technology. We’re starting to see that in zero-emission vehicles as well.
When we put a bill forward, which is a cookie-cutter approach, that is actually going to mandate and change the selling requirements — I won’t necessarily say purchasing habits, and I’ll get to that in a minute — of companies without taking into consideration our geographical diversity, the difference between rural and urban….
There are a lot of things that have been unexplained, and even in the briefing — I want to thank staff that gave us a briefing — these answers can’t be given. Why? Because I don’t think the work was done. Let me just highlight a few of the things, first of all. I know some of my colleagues have touched on these.
Of course, I come from a riding that for many parts of the year will be down at 30, 40 degrees. I actually have an electric hybrid vehicle, and I’ve seen, if I’ve left it out overnight in the wintertime, how it struggles to operate in the morning. If I’ve left it in my shop or my garage all night, then maybe it’ll actually be able to start. But not everybody’s in a position where they have a garage to park their vehicle in overnight to stay warm.
We hope and we think the technology will advance, that the lithium-ion batteries and the technology will try to keep up with some of these issues, but it’s not there yet. So for government to come forward with legislation and law that’s going to mandate people to only be able to purchase, if they want a new vehicle, an electric vehicle in B.C. is really going to be problematic, I’d say, for rural B.C.
It’s not just the temperatures. It’s the distances that people have to travel. I look at remote First Nations villages. What has government planned? Nothing. If we have a remote First Nations community, the only way they can now buy a new vehicle is if it’s electric, but they’ve got no mechanisms. Some of them don’t even have power, aren’t even on the grid, let alone have the ability to charge a vehicle.
When you look at the distances that electric vehicles can travel…. I looked for myself. Just to go from my riding to Prince George is about 400 kilometres, to go see my daughter at university down there in Prince George. These vehicles aren’t going to be able to get me to where I have to go in today’s technology and today’s systems that we have, with the lack of charging stations around the province.
When we asked the question: “Okay, fine. Where’s the meat and potatoes to this bill…?” Where can we show and hear and relate this to the budget that says: “Don’t worry. Here’s a bill that says we’re going to be able to have all of our vehicles sold electric. Here it is in the budget in our three-year budget plan that says the billions” — and I said it with a “b” — “of dollars that will be required to upgrade our hydroelectric systems or our grids that we have around the province so that we can travel those distances?”
We kind of made the joke earlier that at least if I have to drive right now from Dawson Creek up to Fort Nelson in my vehicle, I can carry a jerry can in the back if I don’t have enough gas. If I think I’ll get stranded, I can carry a jerry can. I can’t really carry a spare battery for an electric car — thousands of dollars.
Interjection.
M. Bernier: Well, the member…. How ironic this comment is from the leader of the Green Party. He says: “Yes, but you can carry a diesel generator, so you can start that up to plug in.” Okay, I’ll give him that one. I’ll give him that one.
I can buy diesel to carry to start up my generator to charge my electric vehicle while I sit on the side of the road for 12 hours or so looking at the beautiful, I will say, scenery that we have up in the Peace country. I’ll watch, especially up in that area, the huge amount of wildlife and caribou prance through the area being chased by all the wolves. But I digress, like my friend from Columbia River–Revelstoke.
One of the challenges we have, obviously, when we’re looking at not only subsidies for electric vehicles but at policies to make people buy only new electric vehicles…. What we’re saying is that we’re now…. This government is putting in policies to support people who can actually already afford it.
There is nothing in here to actually help people who might be struggling. In fact, this is going to hurt them. At the end of the day, if we have to spend billions of dollars to upgrade our electric grids, who’s going to pay for that? Is that going to be now in our housing supply? People who are already struggling in some areas around affordability to pay their power bill are now going to have to have increased hydro rates because of all of the money that’s going to have to be spent to upgrade the grids?
I also look at: if I purchase an electric vehicle, am I stuck in British Columbia? My colleague from Peace River North I think brought up a really good point. In my riding, there are a lot of people that drive to Edmonton for health reasons, to go to the hospital. That’s about a six- or seven-hour drive from my region to Edmonton without the opportunities, which I know of in many places, to stop to charge a vehicle. If I’m forced to buy an electric vehicle, I’m also being forced to stay in my area.
Now, this might be fine if you’re in a real urban area. I’d give this to government. If government had come forward and said, “We’re not going to make this mandated provincewide. We’re going to phase this and say let’s start in the urban areas, where there are opportunities, and let’s see if that works,” and allow some flexibility, allow the market to take place, allow the people’s choice to be heard…. Then we’ll see how that actually rolls out. That’ll also give time for the rest of British Columbia to adapt and to look at opportunities.
I do find it ironic, especially when I had a briefing on this issue. I asked government and said: “How are you planning, in the short term, to achieve this goal of having 300,000 fully electric vehicles on the market within the next ten years? How is this even going to be achieved in B.C.? Where are we getting the power from?” The comment I got from government is: “That’s why we’re happy to have Site C being built.” Now, isn’t that an ironic comment coming from a government who fought, and was opposed to, Site C tooth and nail? Now they’re bragging that they can move forward with a policy like this because of Site C.
What they neglect to say, though, is that in order to achieve these aspirational — they’re saying no; they’re saying it’s going to happen — goals in the province…. Again, they have neglected to say where this power is coming from for the long term, for that 2040 target. You’re going to have millions of vehicles on the road, according to them, that are electric, with no charging infrastructure yet — I guess that will come; no one knows how — with no power being able to get the electrons through the lines to those charging stations, even if we had the infrastructure.
It does, again, get a little complicated but a little ironic when, if we’re not going to be having enough power…. Good thing we have Site C in the short term, we’re told. I don’t see anywhere in the plans two or three more dams or any other major electrical facilities in order to meet that demand.
The only alternative, then, is to buy coal-fired power that is being generated from other jurisdictions to come into British Columbia — for us to feel really good about ourselves, I guess, for having an electric vehicle, while we’re being powered by coal or natural gas from other areas, rather than looking at being energy self-sufficient in our own province.
It highlights, again, that this government has put a bill forward with no studies, no work and pretty well close to zero consultation, except for maybe with a few environmental groups who have been pushing for this for a long time.
On that point, maybe I’ll digress a little bit. Some of these same environmental groups who have been out there saying they want to increase the carbon tax, who want to have fully electric vehicles, are the same ones that are out there saying we have to have these laws to change habits, and then, in the same breath, say: “Don’t worry. We’re actually reaching peak oil in the world, and this is all going to happen naturally anyway.” Well, if we’re reaching peak oil, why do we need to have laws like this that are going to curb behaviour that’s going to be forced to change anyway?
I look at other countries around the world and how we differ. We try to compare ourselves sometimes, but I think we have to acknowledge our geographical differences and also our societal differences and our habits that we have. I had the pleasure of going over to see my son David a couple of years ago — it was four or five years ago now — in Austria and travelled around Europe.
One of the things he was showing me and talking to me about is the abundance of electric vehicles that they have over there and how they’ve really been able to be successful in that avenue. I said: “Well, okay, but if I’m in Salzburg, and I want to drive up to Vienna, that’s quite a drive. What do you do for charging when you’re going through parts of the Alps?”
He looked at me like I was crazy. He said: “Why would anybody drive that far? That’s two hours away.” He goes: “We don’t drive two hours. That’s not part of our society. We actually are able to stay in close proximity. We have everything in our cities. We don’t have to travel long distances.” Well, maybe in situations like that, electric vehicles could work if they have the infrastructure, if they’re actually not going long distances. It’s not practical for so many families and so many people in the province of B.C.
Now, we said by 2040. I just want to try to explain this, not only for the few people that might be watching, but I’m hoping for the government and for the minister as well to take into consideration these comments. A lot of my colleagues have made some great points, again, that I sure hope are being listened to.
[Interruption.]
M. Bernier: It’s nice to know at least one person is listening right now on the other side.
Interjection.
M. Bernier: Yeah. Usually, when the leader of the Green Party speaks, his voice sounds about the same as the other voice I just heard.
Interjections.
M. Bernier: For you, that’s a compliment, actually.
At least he’s dressed well for the House, as well, today.
One of the things that I’m hoping Zavier and everybody will listen to as we’re going forward is that I don’t think this was completely thought out well — when we’re saying that by 2040, new vehicles are the only ones, if they’re electric, that can be sold. Then I asked the question: what about other jurisdictions that we have no control of? Well, we can’t tell Alberta what to do. In Dawson Creek, where I’m five miles from the Alberta border, the question I asked was: “What’s stopping me from opening up a car dealership five miles down the road, selling really nice half-ton pickup trucks?”
As people in the House have said, that’s the most popular vehicle sold last year: the half-ton pickup truck. What’s stopping me from selling brand-new, internal combustion engine, gas-powered vehicles five miles down the road from Dawson Creek? The answer is: nothing. In fact, I can go, still buy one out of jurisdiction, five miles away, come to British Columbia, register it and drive it here. There’s nothing changing that.
As other people have mentioned before me, where I see a huge market now is going to be in the used vehicles, not in the new vehicles. As it is right now — I can’t remember the number I heard earlier — it’s about ten to one. There are ten used-car lots in British Columbia for every one new lot. Well, all we’re going to see is more people driving less fuel-efficient and less environmentally safe vehicles on the roads because they’re not going to be in a position to meet the demands that this government is trying to impose on society in the province.
Interjection.
I’m being accused of fearmongering, but there’s nothing in this bill, there’s nothing in the budget, and there’s nothing anywhere to prove me wrong. If you actually want to say that this is not going to happen, then show me anywhere in this bill, show me anywhere in the budget, show me anywhere in practicality that putting a law forward to tell people how to spend their money is going to actually force them to change their habits.
[Interruption.]
M. Bernier: Now, I guess the next one will be…. Actually, I will acknowledge that after having five kids, I’m not even really noticing that. I’m enjoying it. At least, I can get some good heckles from the other side.
Again, the big problem that we’re facing, which has been mentioned in the House but I don’t think government has thought about, is how you actually make this come to fruition. We’ve seen the few electric vehicles here at the Legislature. We’ve seen the few charging stations. I took a walk around. I just wanted to try to understand this a little better. There’s one charging station at Uptown by Walmart. I can definitely see the 100,000 vehicles on the south Island here fighting for four charging stations and the one at Walmart. We know that there are going to be a few more.
The other problem is, though…. Where’s the infrastructure going to come from to upgrade all this? I went for a walk through one of the apartment buildings across the street from the Legislature, and 200 people live in that unit. There are 240 parking stalls. I found, in the entire complex, six 110 charging outlets — six.
Interjection.
M. Bernier: Okay. The leader of the Green Party says he’s got some work to do. Well, I’m glad to see that he’s acknowledged that this is going to cost the people of British Columbia a heck of a lot of money. If a strata is now going to have to upgrade 200-plus parking stalls, even if it’s 110 — let alone if we’re going to be putting in some fast-charging systems — who’s paying for that?
I can tell you right now that in the one that I went and looked at, the majority of that unit was rental units. So now, I guess, rent rates are going up. If everybody has to have an electric vehicle, if they’re going to have that there and if all the stratas are now going to have to upgrade all their facilities, I guess rent is going up again. So much for affordability.
This is the point, though: putting a bill forward — a visionary, aspirational bill — I’d give government credit for that if it didn’t have the actual penalties attached to it, if it didn’t actually have members opposite who stood up and instead of saying, “This is aspirational; we’re trying to do our part to reduce greenhouse gas emissions in the province,” they actually said: “No. This will happen. We’re going to force everybody to buy electric vehicles.”
What’s next? Are they going into grocery stores to tell you what food you can or can’t eat? Is that going to be next? I guess from now on, it’ll be only green food.
Interjection.
M. Bernier: You can’t have that.
The big part, though, is allowing for flexibility and allowing for the free market to actually do its job in a lot of places.
Interjections.
M. Bernier: The member of the Green Party wants to keep going. He kind of continues to make my case for me every time he heckles and says: “Yeah. There’s lots of work to do.” Yet in this bill, it’s not there. This is another example, unfortunately, of this government using a cookie-cutter approach to try to solve an issue.
Again, I will give them credit for trying to acknowledge the fact that we need to do our part to reduce greenhouse gas emissions in the province. They need to look at this, though, and remind people that this does come with a cost. The price of vehicles could go up. The price of your rent could go up. The price to get hydro into your property is going to go up. Affordability to get a new house is already tough. What’s going to happen now when they’re told: “Sorry, you have to upgrade to a 200-volt system in your house because that’s the only thing that’ll accommodate 200 watts for your system?”
Interjection.
M. Bernier: If you really want it, we can get into the debates about electricity and how it works later, if the member would like, because you still need…. Whether it’s a dryer plug, you’re still going to need power running through to the houses in order to do that. Now, you can only have so many electrons running through an existing line, if the line is not big enough. If you don’t have a big enough power line running to a house, if you don’t have a big enough power line running to a subdivision, to an apartment building, you cannot and will not be able to charge enough electric vehicles in order to do this. This is simply how electrons work for charging vehicles.
We need to know how this government is actually planning on doing all that. They are going to cost the people of British Columbia a lot of money.
Interjections.
M. Bernier: The members still don’t understand, I don’t think, how electrons flow, how pipes work, how wires work to flow power. The way they’re trying to talk, it’s like trying to fight a fire with a garden hose rather than a fire hose. You need to bring the appropriate tool to the event. If you’re going to actually be building a new subdivision and you do not put a high enough kV line into that subdivision, you will not be able to charge all of the vehicles in that subdivision, plain and simple. So in order to do what this government is wanting to do, they will have to increase the costs. Somebody is going to have to pay for that.
I’m not saying that it can’t be done. It can all be done. Who is paying for it? There’s nothing in the budget here that says government is paying for it. There’s nothing saying there are going to be subsidies in here. I guess that means that it’s going to be going back to the homeowners and to the people who are actually going to be trying to rent places in the province.
I think I’ll end by saying that….
Interjection.
M. Bernier: Well, I would like to go on, because I could continue to highlight the flaws in this bill that the Green member forced — it looks like he’s trying to take credit for this — this government to put forward.
One of the main things, again, where this is flawed is not in the intent. It is flawed in the execution. It is flawed because in order to achieve this, there is no plan that has been put into place. There has been no discussion about how this will work out in reality for people in rural British Columbia mostly, how this is going to affect not necessarily just the transportation habits but how this is going to affect the livelihoods of people in British Columbia and what they have right now.
Again, this was not thought through, I’d say, for 90 percent of the province out of the Lower Mainland where there are not the charging facilities, where we don’t have the ability to do this and it’s just not practical. I will say, though, that there are people like myself, and others, who could have a vehicle, if you’re not taking it long distance in parts of rural B.C. We’re starting to see that play out. That is taking place slowly. The market is trying to keep up, as we’ve heard. But consumer choice is a big part of that.
I think, as people in the province start to realize that this government is telling them how they have to spend their money, that’s going to be problematic. That completely goes away from the society that I know, where we allow choice, where we allow freedom, where we allow people to work hard for their money and then decide how they are going to spend it.
I know a lot of these things are going to be brought up in committee stage. This is a hard bill for some of us to support because of the lack of clarity and the lack of information that has been put forward — the lack of answers to difficult, maybe, questions for government to answer because it’s out in rural B.C. But they’re still ones that they need to acknowledge.
I look forward, in committee stage, myself and others, to ask the minister, to see what kinds of answers we get. We would hope and assume that if they are going to stand up en masse and support this as a government, they, too, have asked these tough questions that we’re going to ask and they have answers to them and will share those answers with us and, more importantly, the people of British Columbia, because they deserve to know why they’re being pushed into something, rather than being allowed choice.
Thank you very much for the time.
Deputy Speaker: Seeing no further speakers, the minister to close the debate.
Hon. M. Mungall: I want to thank all the members who have taken the time to speak to this bill. It’s a unique bill of its kind for British Columbia, and I’m really glad that it got a good debate in the House. Listening to many of the comments that have been made, I would like to just speak to some of them.
Most recently the member for Peace River South was saying that he’s concerned that this bill is effectively telling people how they need to be spending their money. I just can’t disagree more. That is not at all what this bill is about. We’re not telling anybody how to spend their money or what cars to choose. What we’re making sure of is that the cars that they are choosing to buy are going to be available to them. That’s the impetus for this bill.
British Columbians want zero-emission vehicles. We know this because we have the highest adoption rate in Canada. Four percent of new vehicles sold last year were zero-emission vehicles. The wait lists for zero-emission vehicles are quite lengthy. Many members have actually commented on that from both sides of the House. We know that British Columbians want this type of vehicle, but some of the challenges that exist in the marketplace to get these vehicles to British Columbians need to be addressed. That’s what this bill is doing by having a zero-emission vehicle mandate.
We’re not the only jurisdiction to have thought of this. In fact, many jurisdictions…. One-third of North America’s car market is covered by a zero-emission vehicle mandate, because so many jurisdictions are getting on board with this. In Canada, we have Quebec. We had Ontario. Unfortunately, that government decided to pull back on its mandate for ideological purposes. Ten states in the U.S. have zero-emission vehicle mandates. China has a zero-emission vehicle mandate. Many countries around the world have this type of mandate, because it is ensuring that there’s an availability of vehicles.
As the availability increases, prices begin to drop. That’s just basic supply-and-demand economics that you learn in any econ 101 program at a university or college anywhere in North America, Europe, Asia, Africa or Australia. That’s just basic economics. I know that some colleagues pointed out, for an example, that we saw that happen with the change in types of TVs. We saw that happen with VCRs to DVDs — all of that.
The reason why we have a mandate here for types of vehicles is because it’s more complex and impacts our roadways. It impacts the roadways that governments build and impacts the type of fuelling and the regulation over fuel, and so on and so forth. So we have this mandate. That’s why governments are getting on board with doing this mandate.
Some of the members were concerned that there wasn’t a plan to meet the increased electrical demand with zero-emission vehicles. And they were like: “Why isn’t this plan in this legislation? Where’s the plan? Where’s the plan?” Now, let me just take a moment to respond to that. The plan is found in the integrated resource plan of B.C. Hydro that goes to the B.C. Utilities Commission on a periodic basis. The next time will be in 2021.
I would hope that the members opposite are familiar with that process. That particular plan is where we identified the load demand, projections for that load demand going into the future and how we’re going to meet that demand. That type of planning does not happen in legislation. That happens in the appropriate place — through B.C. Hydro’s integrated resource planning process.
I heard comments around battery recycling. Yes, that is a present-day issue. Are we going to be able to solve it? Of course we are, because the more vehicles come on line, the more opportunities there are going to be. For what? A free market to start to address these very issues. There are going to be opportunities for the free market to be able to get into the recycling business and have the actual economy of scale to do so.
Again, economics 101. I would think that the party of free enterprise would understand those basics. I hear their comments, and I hope that they understand that a lot of this has been thought out, keeping in mind that their friends, their proponents of the free market, are well involved.
[J. Isaacs in the chair.]
Now, I know that some people also commented on a concern around charging, having sufficient charging infrastructure, and wondering where the plan is for that. Well, that’s part of our CleanBC plan, which has been well supported throughout the province. Many people are speaking to how thoughtful and how well developed our CleanBC plan is, including rolling out infrastructure for charging stations. I spoke in my opening remarks that we already have over a thousand charging stations in B.C., and that is growing.
Just in the 20 months that we’ve been government, I’ve already seen the charging infrastructure in my rural area of British Columbia, the Kootenays, expand. Now you can actually drive from the Alberta border all the way to Tofino with enough charging stations along the way that you don’t have to worry about being caught out without the opportunity to charge your vehicle and get you to your ultimate destination. So the idea that we don’t have enough infrastructure I would not say is accurate, because it is growing.
Now, I won’t be able to comment on the etiquette that might happen at charging stations, as was a concern for the MLA for North Vancouver–Seymour. I don’t think it’s responsible for government to start legislating the etiquette that might occur at those charging stations, but again, as use of vehicles of this type increases, and as I see many members from the official opposition talked about their own experience with their own zero-emission vehicle, I imagine that perhaps people’s etiquette will improve, as it may in restaurants when somebody across the way might be on their cell phone really loud. I mean, I can’t explain that. It’s rude. And I can’t explain people being rude at charging stations.
Nevertheless…. I don’t think that that is the primary concern that is being put forward by anybody in this House, but I wanted to acknowledge that the charging stations…. We have a plan for rolling that out — that is happening very, very quickly — and that is why a lot of people are seeing that particular barrier to zero-emission vehicles being removed.
I heard some members talk about range anxiety, and I don’t want to dismiss that. That is a real concern that a lot of people do have. They want to be able to make sure they can get from point A to point B, and that’s exactly why we’ve included plug-in hybrids into our zero-emission vehicle mandate. Now, those plug-in hybrids will not have the exact same ZEV units as a full electrical, as I explained in my opening remarks, but we want to include those because, of course, for people in places like rural B.C., it makes more sense to have a plug-in hybrid at this time than to have a fully electric.
People have that range anxiety, not just in terms of distance travelled but the demand on a battery in a particular driving situation. I’ll give you the very situation that concerns a lot of people where I come from in the Kootenays: the Kootenay Pass, one of the highest passes in Canada, to get up and over that mountain. Going from Creston to Salmo, perhaps to Nelson, perhaps to Castlegar, maybe the other way, on the way to Cranbrook and so on, you want to make sure that you’re going to be able to get up and over that pass in any type of weather.
People want to know: will the battery of an electric vehicle be able to take not only the demand of going up the hill on a beautiful sunny day — and I’ll tell you it does, because I’ve done that test drive — but will it take the demand of going up that hill in a blizzard? Because you never know when you might be caught out. Will the battery be able to do that? People have those legitimate concerns, and that’s exactly why those concerns need to be addressed as more people start to adopt these vehicles.
The member for Abbotsford-Mission talked about his concern around ZEV credits and that they might be too strenuous and, perhaps, too difficult for manufacturers to understand. I just want to take this moment to say I have every faith and confidence in the intelligence of vehicle manufacturers, which are large, large companies that hire very smart people with very, very strong brain power.
They have a very strong brain trust to be able to address and understand all of the way in which we are going to be able to calculate ZEV units, not just because they’re very smart but because our credit system is similar to every other jurisdiction. So this is not new for them. In fact, this is something that they’re already working with in other jurisdictions. The fact that British Columbia has this same system — we might be calling it ZEV units instead of credits or whatever the name might be someplace else — is something that they are going to be very familiar with.
I am very proud of this legislation. I feel that, as I said in my opening remarks, it brings the cars of the future to today. It might not be the cars that were promised to us by Doc Brown and Marty McFly in Back to the Future — of course, as a science fiction fan, I have to pay tribute to that movie — but they are the cars that are part of our reality. We’re bringing them to people so that we can start getting on board with them, not just because we want to drive them, not just because they’re peppy vehicles, not just because they have lower maintenance costs associated with them.
We’re making them more affordable with our rebate programs as well. A lot of people talked about affordability. We’re addressing that as well.
We all have a duty, not just as legislators, not just as company heads, but every single one of us in this society, in this world, has a duty to do our part to reduce our impact on climate change. Some of us compost in our backyards. Some of us reduce the plastic packaging that we use. Some of us wash those plastic bags over and over and over again, bring them back to the grocery store, fill up our veggies in them, wash them again, and so on. We all have a part to play.
One of the parts that we can play as British Columbians is to move to a zero-emission vehicle, and British Columbians want do that. We’re making it easier for them. That’s part of building a better B.C. That’s part of our CleanBC plan.
I’m very proud of this legislation. I look forward to answering questions in the committee stage, and I look forward to seeing all members of this House support this legislation.
I move second reading of Bill 28.
[Mr. Speaker in the chair.]
Mr. Speaker: Members, the question is second reading of Bill 28.
Second reading of Bill 28 approved on the following division:
YEAS — 71 | ||
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 |
Malcolmson | Furstenau | Weaver |
Olsen | Glumac | Cadieux |
de Jong | Bond | Polak |
Wat | Thornthwaite | Paton |
Ashton | Yap | Martin |
Kyllo | Sullivan | Reid |
Ross | Johal | Redies |
Milobar | Sturdy | Clovechok |
Hunt | Stewart | Sultan |
Gibson | Isaacs | Letnick |
Thomson |
| Foster |
NAYS — 4 | ||
Bernier | Barnett | Davies |
| Throness |
|
Point of Privilege
(Reservation of Right)
D. Routley: Mr. Speaker, I’d like to rise to reserve my right to raise a matter of personal privilege.
Mr. Speaker: Thank you.
Second Reading of Bills
BILL 28 — ZERO-EMISSION
VEHICLES
ACT
(continued)
Hon. M. Mungall: I move that the bill be referred to a Committee of the Whole House to be considered at the next sitting of the House after today.
Bill 28, Zero-Emission Vehicles Act, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.
[Interruption.]
Hon. M. Farnworth: The translation was that Bill 23, the Land Owner Transparency Act, be called.
[J. Isaacs in the chair.]
BILL 23 — LAND OWNER
TRANSPARENCY
ACT
Hon. C. James: I move that Bill 23 be read a second time now.
This act, the Land Owner Transparency Act, addresses the government’s commitment, in our 30-point plan for housing affordability, to end the hidden ownership of land.
For years, people have been able to obscure property ownership in a variety of ways — using shell companies, using trusts, using partnerships — which leaves a loophole and makes it easier to launder money and to evade taxes.
Transparency International Canada, which has done some extraordinary work around raising these issues across our country, has put together some very good data and very good reports, raising concerns. According to their last report in 2016, nearly one-third of the 100 most valuable residential properties in greater Vancouver were owned by shell companies. That statistic alone raises all kinds of concerns.
We’ve seen other reports, as well, and data leaks that have come out, things like the Panama Papers, the Paradise Papers. They’ve also pointed to examples of Canada’s reputation as an attractive place for setting up anonymous companies and hiding wealth. That’s certainly not something that British Columbia should be known for. It’s certainly not something, when you talk to the public in our province, that they believe is right — that people should be able to avoid taxes, avoid the opportunity to pay their fair share as everyone else is doing in our province, or use a loophole to be able to launder money in British Columbia.
This act will identify the hidden owners of land, and it’ll require transparency around information from corporations, from trustees and from partnerships in three situations. One would be on transfer of legal title. The second would be on change of beneficial owner or interest holder, even when that change doesn’t trigger a transfer of legal title, and for existing owners. The purpose of this is to ensure that we have a clear picture of true land-ownership in British Columbia.
High-level information that’s going to be contained in the transparency reports is also going to be publicly accessible, very similar to the disclosure requirements that we have for individual property owners. I think most British Columbians know that if you buy property, you register on the land titles. Your basic information is there. This will be the same requirement now for corporations and trusts and partnerships.
More detailed information is going to be available to law enforcement, to tax authorities and to certain regulators, within parameters. This information is going to help those authorities crack down on tax evasion and identify tax fraud and money laundering.
The public registry will have built-in protections around privacy. So it will omit information for any individuals who are under the age of 19, for example, as well as for those who are legally incapable of managing their financial affairs. Protections are also going to be provided for vulnerable people. The example that often comes up is people fleeing domestic abuse. There are legitimate reasons to have that information protected and eliminated from the registry. The opportunity in this registry, as you will see through the act, provides the opportunity for people to come forward and give that information and not have that information included on the registry.
I think it’s important to note that this registry is part of a package of work that we have done as government to be able to address the issue of transparency when it comes to real estate and when it comes to legal procedures as well.
This legislation also will ensure that there are considerable penalties and offences to make sure that people are complying with this regulation and with these requirements. We take this very seriously. Violations of this act will result and could result in administrative penalties of up to $50,000 or 5 percent of the assessed property value, whichever is greater. Offence fines can be up to $100,000 or 15 percent of the assessed property value. We want to ensure that people follow the law, that they pay their fair share and that we close the loopholes around money laundering.
I’m really proud to say that with this registry, B.C. is going to be the first province in Canada to make all land-ownership transparent. We followed the best practice in other jurisdictions across the world to make sure that we have a very comprehensive approach to this. We certainly hope that other provinces will join us. I think it’s very clear that people who are involved in illegal activities don’t look at the borders of provinces. They don’t look and say: “We’ve got to stop here.” This activity can take place anywhere.
Certainly, from our perspective, the ideal would be that this would happen across the country, that we wouldn’t provide the opportunity for money launderers anywhere in Canada. I think, again, that we will be able to share the work we’ve done with other provinces and with other governments to take a look. I think everyone will have their own unique plan that fits their province. I think we’re all very different across our country, but I think there are some commonalities around transparency and around closing loopholes that I would certainly hope others will be taking a look at.
As I mentioned, this bill is just one step that our government is taking to address the housing crisis and to address transparency, along with some of our other actions like the condo and strata assignment integrity register, where we now are requiring people to register condo flipping, as it’s often known out there. We are now requiring registration of that flipping. Often you would see a condominium, for example, flipped to four, five, six different owners before the building was actually completed or before the final sale got to the end. Now you actually will be required to register who has owned each of those flips to ensure, again, that people are paying their fair share of taxes, which we think people expect in British Columbia.
We’re delivering on our commitments in our 30-point plan to both improve supply and to address demand, and to increase transparency and fairness — again, critical work from our perspective, and preventative work. There is no question that leaving loopholes open provides that opportunity for criminals, for people who want to use illegal activity. This work is not only ensuring that we’re able to follow up on any criminal activities that may be happening, but it’s also a preventative piece. It’s also making sure that we’re closing those loopholes, that people won’t be able to hide behind numbered companies.
People won’t be able to hide behind a register and think that they’re not going to be publicly identified. If you buy land in British Columbia, whether you’re in a partnership, whether you’re in a trust, whether you’re a corporation, you will be identified on the registry, just as other British Columbians are identified on the registry.
It’s very clear. As I talked about this work and as we’ve done the work through the 30-point plan, the Minister of Housing and myself, we’ve heard from British Columbians. We’ve heard from experts. We’ve heard from municipalities that they want government to end hidden ownership.
This is a very well-supported piece of legislation. We put it out for consultation. We actually provided an opportunity for people to be able to give their feedback. I’m very proud that with this legislation, we are doing just that.
T. Redies: I’m pleased to rise today to speak to Bill 23, the Land Owner Transparency Act.
As the official opposition, we welcome real measures aimed at halting tax evasion and tackling money laundering in British Columbia. And I can say, as a 25-year banker who spent a lot of my time trying to figure out, to make sure that our institutions were not subject to money laundering, that I appreciate the fact that the Finance Minister has brought this legislation forward.
It’s critical that we, as legislators, come together to ensure that we provide police and public officials with the tools they need to track down and tackle lawbreakers. This should not be a partisan issue. In particular, we need dedicated police investigators armed with the appropriate tools, information and facts to bring the perpetrators of tax evasion and money laundering to prosecution.
What is critical is information, data, the facts. The world of tax evasion and money laundering relies on a lack of information to circumvent the law. It hides in the shadows to process the proceeds of crime. And it keeps secrets in order to avoid paying what is due. This act will shine a light on the facts around land-ownership in B.C., as the legislation we’re debating today aims to put an end to anonymous land-ownership.
If the bill passes, the identity of the real owners of real property will no longer be able to be shielded by numbered companies, offshore and domestic trusts, and corporations. This will be accomplished by requiring extra information when title is registered in the name of a corporation, a trust or a partnership. And if such registration takes place, a declaration will be required to name the beneficial owner behind the entity.
As well, each individual interest owner will have to provide detailed information, including date of birth, social insurance number, individual tax numbers and whether or not the individual is resident in Canada. To cap all of this, the list of beneficial owners will become available and searchable on line, as the minister said, in the same way the public can currently access the land title registry. This, for the most part, is very welcome transparency.
The legislation is also providing the police and public officials with tools to tackle tax evasion and money laundering. The act provides sweeping powers for inspections by enforcement officers, ministry officials, tax authorities, law enforcement and regulators. It also gives them the ability to share information with agencies outside of Canada if there is an existing arrangement, written agreement, treaty or a law of B.C. or Canada to enable that cooperation.
In general, I think, on this side of the House, we’re positive with respect to this legislation. But while we welcome the tools and transparencies, we do have some concerns based on what we’ve seen from this government in other areas. For that reason, our primary concern will be to ensure the legislation is being used purely for what it articulates, to address tax evasion and money laundering.
The government does talk a lot about transparency, yet over and over what we’ve seen is that they’re not always transparent about their ultimate intentions.
They crafted the so-called speculation tax that taxes British Columbians, all the while saying that British Columbians wouldn’t have to pay. The Premier and the Finance Minister both said, at first, that the people who paid income tax in British Columbia wouldn’t be hurt by the speculation tax, but we know now that that is not the case. British Columbians who’ve worked hard and saved their money and invested in second properties will have to pay the speculation tax unless they can rent out their properties.
To add insult to injury, while these British Columbians who saved and invested for their futures and families are stuck paying the tax, actual speculators are not. Moreover, the government has said the focus of the tax was on the so-called satellite families, immigrants living here but not paying their fair share of taxes. However, we now know that the tax is capturing seniors who’ve put their children on title to help manage estate issues at the time of their passing — if their child lives and pays tax outside of Canada.
We also know now that the speculation tax is capturing Canadians who were born in this country and have paid tax here all their lives but, because they married a foreigner who’s still working in their home country, are now classified as a satellite family. So if their spouse makes more than 50 percent of the family income and is paying tax outside Canada, these Canadians are now facing a 2 percent speculation tax, even though they are Canadian born, resident here all their lives and have paid tax only here in this country.
Interjection.
T. Redies: I will get to that, Member.
These are the unintended consequences of blunt taxation. The government also introduced an additional school tax that doesn’t pay for education. It just goes into general revenues, and this tax is raising a lot of money from British Columbians.
Our concern here, again, is that this particular legislation is used for the purposes that the minister’s articulating, that it’s about tax evasion and money laundering and not a fishing exercise to more broadly tax corporations and find additional tax revenues.
The government says that they’re, for example, eliminating the MSP. But in fact, all they’ve done is actually created a shell game, with businesses now paying not just the balance of the tax to be eliminated but an additional $500 million a year. Again, this was something that was not anticipated. Our concern on this side of the House remains, again, that this legislation does not result in additional taxation.
We have seen a litany of stated intentions, but the actual realities of how some of these things have played out have not been what turned out to be the reality. That’s why we’re going to be raising a number of questions at committee stage to ensure that there is a balance between the tools to fight crime and the rights of citizens.
To start, it’s critical that this legislation, like all legislation that passes through the chamber, respects British Columbians’ right to privacy and civil liberties. The legislation also raises, rather than answers, serious questions about exactly how and when information is collected and how it’s going to be shared. That is especially important when it comes to the sharing of information with agencies outside of Canada.
As well, it’s critical that British Columbians are assured that all personal information collected under this bill, much of it incredibly sensitive, is protected from misuse and that access is limited to the authorities specified.
As we’ve seen with the new speculation tax registry, the government is collecting the personal information of 1.6 million people in British Columbia using a third-party software solution of a company headquartered in the U.S., which itself has been the subject of hacking of the personal information of 1.7 million people in Michigan.
I’ve received many calls from people who are downright angry that they have to provide their social insurance number on this registry. I suspect a large number of the 96,000 people who did not register for the speculation tax exemption by March 31 actually didn’t do that because they didn’t want to provide their social insurance number.
A much broader concern we have goes back to Budget 2018 and how the government has suggested that there may be new tax models or taxes spawned by this registry. While it will be used to identify and tax people who have second homes and satellite families, I think we all have reason to be fearful that this speculation tax registry has a much broader ultimate goal.
Again, to say that we’re a bit skeptical that this new Land Owner Transparency Act will not be used for purposes other than what the government is stating would be an understatement. I may not be from Missouri, but I don’t have to be after two years of watching this government in action.
The government promised that the speculation tax also would target speculation and that British Columbians wouldn’t be paying for it. In the end, of course, it’s British Columbians who’ve worked hard and who’ve saved for their retirements that have become the targets of the tax.
The fear we have is that this new registry could be used to extract additional tax from individuals and companies. It has the potential to be a taxation temptation that this government will find hard to resist. After all, when it comes to taxes, this is a government that seems to have no compunction about taxing British Columbians more and more. The reality is that taxes under this government are increasing about $11 billion since they took office. Somebody’s paying for that. Again, this government has not, I’m sure, completed all the things that it wants to do. So I would not be surprised to see additional taxes coming forward.
At the end of the day, again, our concern with these registries, whether it’s the speculation tax or the landowner transparency tax, is that they are used for the purpose that the ministry has indicated and not for looking for more ways to identify how to tax British Columbians beyond the original stated intention. While this side of the House supports the increased transparency with Bill 23, we’re still concerned that the use of the bill will be limited to stopping tax evasion and money laundering. With taxation revenue going up $11 billion under this government, we think British Columbians are already taxed too much.
In summary, while we agree that tax evasion and money laundering must be stamped out, we’ll want assurances from this government that this doesn’t become a tax fishing exercise for this government’s appetite to tax British Columbians in new and less transparent ways. We look forward to the committee stage of this bill.
A. Weaver: That took me a little bit by surprise, as it was so succinct, the previous speaker. She was so timely in her words that she was speaking in, I think, support — caveated support — to this bill, but I’m not quite sure. I was indeed listening.
It gives me pleasure to rise and stand in very strong — let me be very clear — unequivocal support of Bill 23, Land Owner Transparency Act, at second reading. This is something that is long overdue in British Columbia. I am absolutely delighted that the government is stepping up to create the important registry required to ensure that partnerships, trusts and corporations that own property in British Columbia have beneficial ownership registered in such a registry.
This legislation will require owners of such corporations and partnerships and trusts to file a transparency declaration when there is a transfer of legal title of property or change in beneficial ownership. Pre-existing beneficial owners will also be required to file a declaration. It doesn’t apply to individual owners. The ownership information of individuals is already publicly available through the land title office, as we know. You and I have to do that whenever we buy a property.
Therein lies the problem. This is an issue that I’ve been raising in this Legislature since not long after I got elected in 2013, within the context of what was going on, when I asked question after question after question to the then B.C. Liberal government about what they were going to do to close the so-called bare trust loophole, which is continuing to this day to be used to avoid paying property transfer tax and to avoid disclosure of who is buying or is not buying property in British Columbia.
This is a first step there. This is a requirement that beneficial ownership now be declared in the registry.
Let me give you an example about why that’s important. Let’s suppose I want to speculate in the Victoria or Vancouver real estate market. I assign somebody to go and buy a property, and to buy that property and put it in a trust. I’m going to put it in a trust, and there may be a corporation that owns that trust. The beneficial owners of that corporation may be some people who were there initially to buy that property and develop the corporation. Those individuals have no need to disclose the owners of the shares of the corporation that owns the trust.
The trust is on title. The trust is all that’s on title. No matter how many times those shares in that corporation change, no matter how many times not only the beneficial but majority ownership of that corporation changes, there is no change of the registered owner at the land title office. It is the trust, the bare trust.
We had examples of properties being flipped, typically high-end properties being flipped from owner to owner to owner, not through the sale and change of land title but through the change of the transfer of the shares of the corporations that owned the trust that owned the land title. And all the time avoiding property transfer tax, because you only pay property transfer tax on transfer of title, not on transfer of beneficial ownership, which is an area that I hope government, at some point in the future, will move towards closing.
I understand the rationale they’re bringing forward now. They want to gather the data first to see how the scale of the problem is in order to deal with the problem, rather than going straight to deal with the problem. I have some sympathy from that argument. It’s taken some time to get here, but we are here, and I’m absolutely delighted that we are here. The registry that will be there will be publicly searchable, but with some information only accessible by government and law enforcement for reasons that were articulated by the minister in her opening remarks.
The bill also allows individuals to apply to omit information if their health or, as the minister alluded to, safety is at risk from public disclosure. You might imagine, for example, the issue of someone fleeing domestic violence or someone in the witness protection program. It would be kind of odd to have the beneficial ownership of a property of someone in witness protection to actually be in their original name. So there are reasons that we have that.
Coming back to the background for this article, the confidence and supply agreement the B.C. NDP and the B.C. Greens signed back in 2017 states as follows that we will collectively focus on shared values to “make housing more affordable by increasing supply of affordable housing and take action to deal with the speculation and fraud that is driving up prices.” The B.C. Green caucus has been calling for this for I don’t know how long. We know we’ve been calling on government to eliminate the ability of buyers to hide their identities through shell companies, numbered companies and trusts.
We’ve been calling on them to improve transparency in the land title registry — not only this government but the previous government before that — and to improve the land title and corporate registry by requiring the disclosure of beneficial ownership. Disclosure is critical to actually dealing with any issues that may be out there. We also have been, for quite some time, pleading with government to make existing and new data more regularly and freely accessible to researchers and the public. We hope that as the registry is created, as was promised in Budget 2018, that this will be the case.
This registry is, without a doubt, a significant step forward for transparency that ends hidden ownership. As we know, hidden ownership is intricately tied into speculation tax avoidance and money laundering in our housing market. One of the issues raised by the minister and, prior to that, by the member from Point Grey when in opposition, was the notion of shadow flipping, a notion where I put in a contract to purchase a property, but it’s me or my assignee who purchases that property.
With the member for West Vancouver–Capilano…. I may buy his property. I may put an offer on his property with “the MLA for Oak Bay–Gordon Head or assignee.” The member for West Vancouver–Capilano might say: “That’s a great offer. I want it.” But my “or assignee” clause is such that I could actually start assigning this contract to whoever I want, who can reassign it to whoever they want, who can reassign it to whoever they want, and they can jack up the price as we go along.
Now, steps have been taken. I think it was the previous government, or was it this government? I can’t remember. This place becomes a blur after a while. But certainly, we now have legislation that requires that any profits realized after the shadow flipping goes on actually go back to the original seller of the property.
The member for West Vancouver–Capilano would not lose out if I were shadow flipping, but nevertheless, the transfer of the properties in between those stages would not be required, even today, to be disclosed. This registry is critical. All stages of the process — transparency.
The use of shell companies, as I mentioned, and trust and proxy ownership structures has obscured who has owned property in this province, undermining efforts at gathering and analyzing and allowing for an analysis of large-scale tax evasion and the data used to support this.
A report by Transparency International found that governments can’t identify the owners — now get this — of almost half of Metro Vancouver’s most expensive homes. Government, whether it be Metro Vancouver or the city of Vancouver or the province or the federal government — no government knows who…. More than half of the high-end properties in Vancouver — we don’t know who owns them.
What a recipe for abuse. It’s just unbelievable this has been allowed to go on for so long. It’s absolutely unacceptable. This bill will close that. It will ensure that transparency is there.
We know that wise accountants, who know full well about the existence of the bare trust loophole, have been advising clients to avoid paying property transfer tax by buying their property in a trust. If I, for example, were to buy a property in a trust…. Any house that I wanted to live in I buy in a trust instead of me. As soon as I buy it in a trust…. The very first time it happens, you will pay property transfer tax. But every single time that house is traded from thereon in, you will never pay any property transfer tax as you transfer the shares of the corporation that owns the trust from one to another.
This is one of the reasons why the higher-end homes, so many of them, have been put into trusts, because when they flip, there is no property transfer tax, and the property transfer tax can be expensive.
There are also means and ways of hiding foreign ownership behind…. Some of that was indeed closed, again, by the previous government after much pestering.
We know that some of the money laundering has taken advantage of this, too, in Metro Vancouver. We still await Peter German’s report. We still await at least another chapter. We got one chapter. There’s got to be more coming. It’s clear…. We continue to push, and I will be doing so in the weeks ahead, for a public inquiry. We need a full-scale public inquiry into money laundering in this province. It is inexcusable that we have had as much as $5 billion laundered through Vancouver’s real estate market since 2012 distorting housing prices, particularly in the high-end market.
I forget how many thousand homes are empty in the member’s riding, the member for West Vancouver–Capilano. He met with the council and mayor of West Vancouver–Capilano, who were at odds, not knowing what to do to actually go after the owners of these vacant homes that they simply are leaving there, not paying the social cost that has been historically developing by these homes being left vacant and distorting a market that would otherwise not be where it is, if it weren’t for some of the laundering and nefarious activities going on.
We know, for example, that just in 2016, over $1 billion of Vancouver’s property transactions have links to Chinese organized crime. Over $1 billion in one year alone had links to Chinese organized crime. That’s not counting any Russian organized crime, any Canadian organized crime, any American organized crime — just one. It’s rampant in Vancouver, and we’ve sadly got a reputation internationally for being the home to the so-called Vancouver model of money laundering. Not a nice thing to be known for.
The president of the Law Society of B.C. stated: “This groundbreaking move by the B.C. government will increase the transparency of land ownership in B.C. and make it more difficult to use such arrangements for tax evasion, fraud and money laundering. British Columbians will benefit from a fairer and more transparent real estate market.” Those are pretty powerful words of support from the president of the Law Society of British Columbia. I think that’s a strong, independent endorsement of this legislation.
Transparency International has applauded the establishment of this registry — another pretty strong endorsement from an international organization. A former director of FINTRAC has said that the province is now leading the country with this legislation. I can tell you, hon. Speaker, that if there is one thing I want British Columbia to be, it is a leader. We’re seeing, finally, leadership and transparency in the real estate sector in our province, and for that, the minister deserves a great deal of credit. I thank her, and I thank this government for bringing this forward.
If ever there was a moment that we have second-guessed our decision in 2017 as to whether or not we support this side or that side in terms of a minority government, let me tell you that legislation like this makes us not question for a second that we did the right thing. The Liberals opposite had many, many years to deal with this, but they ignored it.
I can’t remember how many times I stood up in this Legislature and posed questions to the then Finance Minister, asking him when he would take steps to deal with the transparency and beneficial ownership and close the bare trust loophole that was being used to avoid paying property transfer tax and also being used to launder money. The public record of this is available on my blog site. You can see it there, going back years.
The answers I was getting were platitudes, because, to be honest, the members opposite simply had no idea. They had been in government too long. They’d lost ability to determine what the issues were, and there is absolutely no doubt in my mind that this issue is before us.
Interjection.
A. Weaver: Thank you to the member for Prince George–Valemount for calling for relevance. Thank you. The reason why I called it to your colleague…. It’s because every time anybody in our caucus stands up, you have the audacity to stand up and call relevance, yet you’re not willing to accept others calling relevance to the other side. So it’s part of the hypocrisy that we see. I enjoy the conversation, and I will make this relevant, hon. Speaker, before you must tell me to make this relevant.
Coming back to the bare trust loophole, as I noted, I’ve been calling on government for years to deal with this, and frankly, this is a step in the right direction. Hopefully government will move forward to closing this. I know that the market had discounted this, both the real estate market and the accounting market. They had both already discounted that government was going to close the bare trust loophole. They didn’t, but now they’re collecting data, and that probably will lead it up to move forward.
Looking at this, we also need to expand this progressive approach to transparency to the corporate registry. Right now, the corporate registry is not searchable by director name. As it’s hampering transparency and accountability, hopefully we’ll be able to see this transparency that we’re seeing here with respect to land-ownership move into the corporate registry as well. The Attorney General has called this issue a “deliberate or grossly negligent decision that limits transparency, a benefit to firms and individuals who wish to evade accountability.” I urge government, as well, to move beyond this and to change the corporate registry to fix this problem, in line with the spirit of the legislation before us today.
In conclusion, this legislation is an important step forward for opening up hidden ownership in real estate in British Columbia, and it’s timely. I’m very pleased the government has done it. It’s just a shame that we’ve gotten to the position we’re in after so many years of neglect in this sector. We need to go further and crack down on tax avoidance, using the ownership structures that the data will be collected. I’m looking forward to government stepping in to close that bare trust loophole, which many use to avoid paying property tax. I look forward to seeing information in the registry and will continue to push for action on this file and get to the root of the housing crisis.
With that, I do note the time. I would like to move adjournment of the debate and reserve my right to continue at the next sitting of the House after today.
A. Weaver moved adjournment of debate.
Motion approved.
Committee of Supply (Section A), having reported resolution, was granted leave to sit again.
Committee of Supply (Section C), having reported resolutions, was granted leave to sit again.
[Mr. Speaker in the chair.]
Hon. C. James moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 tomorrow.
The House adjourned at 6:26 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
(continued)
The House in Committee of the Whole (Section A) on Bill 4; R. Kahlon in the chair.
The committee met at 1:39 p.m.
Sections 9 to 12 inclusive approved.
On section 13.
M. Morris: There are a number of sections that apply under the ATA, or the Administrative Tribunals Act. One of them pertains to remuneration. I’m just wondering what the rate of remuneration will be for the panel members or the committee members.
Hon. M. Farnworth: I thank the member for the question. That’s still to be determined. It will be determined by Treasury Board and Treasury Board policy.
M. Morris: The other part of the tribunals act that pertains to this is the section allowing the committee to make the rules respecting practice and procedure and whatnot, and it’s pretty detailed under the ATA as to what those are. I’m just questioning as to why or whether the minister considered section 12(1) of the ATA with respect to time periods. I’ve gone through the act, and I noticed that one of the things that seemed to be a little bit vague in the bill itself is the time limits and the time periods that are in place there.
Hon. M. Farnworth: At this point — the member is correct — there aren’t timelines in. What we want to do is to develop by policy, and that is going to take some time. Right now, what we need is to have the maximum flexibility to make the act work in the right way. But that policy work will be something that is undertaken as we move in terms of implementing the act.
M. Morris: I appreciate where the minister’s answer is coming from. One of the concerns, I guess, reading through the legislation, is the…. I know there’s a section — I believe it’s 25 — that deals with emergency and urgent matters. Forty-five days seems like quite a long period of time, even, for an urgent matter.
I’m just wondering. The committee struck…. This could take weeks, months, the way it’s outlined right now. So there’s no concern that this could prolong? You know, once this legislation comes into force, there are no guidelines for the committee chairs to determine how they’re going to do business. I’m just wondering whether the minister is confident that the job can get done without those guidelines in the act.
Hon. M. Farnworth: I thank the member for his question. It’s a very good point. I can tell the member that that policy work is actually underway right now. The underlying premise of the act is to ensure timeliness. So that work is, in fact, underway to deal with those issues that the member has raised.
M. Morris: I’ve got a couple more on that.
Section 31 also applies to this particular section, and 31 deals with summary dismissal of this. The first thing that 31 talks about is that the applicant can be dismissed, but the application is not within the jurisdiction of the tribunal. What is the jurisdiction of the tribunal? Is it within the municipality under which the application comes forward, or is it a broader jurisdiction? Is it a provincial jurisdiction? How does that work for the specific case that’s before the tribunal at that time?
Hon. M. Farnworth: I just want to clarify. Are we talking about in terms of section 31 or section 13? If you could just rephrase that in a slightly different way, it would be helpful.
M. Morris: Sure. Section 13 is speaking to the application of the Administrative Tribunals Act. Under that, they talk about section 31 of the ATA. They talk about summary dismissal. It says: “Any time after an application is filed, the tribunal” — or the committee — “may dismiss all or part of it if the tribunal determines that any of the following apply: (a) the application is not within the jurisdiction of the tribunal.”
My question is: is it within the municipality that that particular application applies to, or is it broader than that?
Hon. M. Farnworth: It would be the panel that is the tribunal that has the ability to deny if an application comes to it and it determines…. Those things are listed. I’ll read them, because it would probably help a bit.
“At any time after an application is filed, the tribunal may dismiss all or part of it if…any of the following apply: (a) the application is not within the jurisdiction of the tribunal; (b) the application was not filed within the applicable time limit; (c) the application is frivolous, vexatious or trivial or gives rise to an abuse of process; (d) the application was made in bad faith or filed for an improper purpose or motive; (e) the applicant failed to diligently pursue the application or failed to comply with an order of the tribunal; (f) there is no reasonable prospect the application will succeed; (g) the substance of the application has been appropriately dealt with in another proceeding.”
So it is the panel that will be acting as the tribunal.
M. Morris: Okay, thank you for that. So irrespective of what municipality, it’s the provincial jurisdiction of the panel itself.
Hon. M. Farnworth: Yes.
M. Morris: The last one under section 13 I’d like to address if I could is section 50 of the ATA dealing with orders for payment. I’m just wondering whether this would apply.
In the application process, there are issues around costs. There are issues of cost — we can get into it further on in the bill itself — that the service providers will be impacted with. But if somebody refuses to pay or doesn’t pay, is this section applicable to that particular kind of a scenario?
Hon. M. Farnworth: I just want to also clarify. When you say refusing to pay or failing to pay, by that, you mean the sponsoring agency?
M. Morris: Yes. That’s correct.
Hon. M. Farnworth: I thank the member for the question. I describe this as a safety provision. It’s not something that we anticipate or expect to be using. We don’t expect that there will be issues around payment, because you’ll have a plan that’s been agreed to. But if such a situation were to arise, then there is a mechanism by which the panel, the tribunal, can act.
M. Morris: Just so it’s clear in my head. We do rely on the good graces of all the sponsoring agencies to pay as required. I understand, though, under the emergency provisions, the province does step up and provide some services or will require some agencies to provide some services. But in the event that somebody doesn’t pay, would there be a new committee struck to hear that particular case and to make an order under section 50(1), (2) or (3) of the ATA?
Hon. M. Farnworth: I thank the member. While, in practice, there is the flexibility to create a new panel, the reality is it will, nearly in all circumstances, be the same panel that dealt with it in the first place.
M. Morris: Just one last point of clarification on that, then. If it is several weeks or months after the initial decision was made by that particular panel to grant the application, and the application goes through — and it might even be a year or even longer, depending on the circumstances — would that same panel be brought forward then? Or would it still be a panel of jurisdiction, I guess, because it still remains struck? Or how does that work?
Hon. M. Farnworth: As long as those same panel members are on the broader committee, there’s no reason why it would not be the same panel members.
Sections 13 and 14 approved.
On section 15.
M. Morris: The eligibility threshold is…. We might have a few questions on here. I don’t know whether my colleague may or not as well. The risk to security is pretty clear, having been involved in some of these in the past. But the one I see here, risk to health, is very broad, and I’m just wondering whether the minister can give an example as to what this intends to capture from the health side of this equation here?
Hon. M. Farnworth: Mental health or substance abuse issues that may prevent a witness from being able to testify would be, I think, a key example.
M. Morris: As I’m going through this bill, I also had the federal legislation beside me. I’m looking at the two, and I understand there are only a couple of provincial jurisdictions that do have their own witness security program in place. I’m just wondering where the thresholds are in the application process or in the determination process by the sponsoring agency. Why would they choose this provincial witness security program over a funded or over the witness protection program that’s already in place federally?
Hon. M. Farnworth: That’s a really good question. I think there are a number of key issues as to why it works the way it does and what we expect to see of it.
First off, the federal program is designed for ten provinces and three territories. It’s not designed for the specific needs that we have here in British Columbia, where we have some unique criminal gang activity on a number of different layers. The federal is not as…. We want this program to work in the context of not just protecting the witness but in aiding us to get prosecutions.
At the federal, it’s a slightly different context. It is focused on protecting the witness, absolutely, but, it’d be fair to say, not as much in terms of the concerns around the prosecution side of things. That’s one of the key differences as to why you would use a made-in-B.C. provincial program that’s tailored to meet the specific needs, the specific demographics — a lot of the issues that we are facing in this province that may not be being faced either in other provinces or with a national program, which is designed to meet general needs across the whole country.
M. Morris: A number of questions come to mind on this. I know your colleague at the table there has a world of experience in this area, and I’m glad to see him at the table here with us today. I’ve had a little bit of experience with that program over the years, but it’s very dated now.
In going through the legislation — I refreshed in my mind with the legislation, with the federal legislation — it is quite broad, and it is there to address the wide application. But is the problem related more to the underfunding and under-resourcing of the federal program — that it doesn’t meet the needs of the province in that respect? Or is it missing in several areas of the legislation itself — that it’s not comprehensive enough to cover what this provincial legislation is covering?
Hon. M. Farnworth: Again, that’s a good question, and I’ll try and answer it as best as I can. I know that the member’s experienced, and he will know that a lot of the kinds of cases that we have seen in this province are very complex cases that, many times, have components that are unique to our situation here in British Columbia.
It would best be described as…. It’s not, I don’t want to say, a question of underfunding. But I think, rather, perhaps, a lack of understanding might be a better word when it comes to the federal government about the needs that we have here. The legislation has been developed in part by hearing from prosecutors and the prosecution service about what they need here in this province to be able to get prosecutions and to get prosecutions that will stick. That has been a key component of shaping this legislation.
M. Morris: I appreciate, again, where the minister’s coming from on this. It does seem — and I had this opinion years ago, as well — that the program…. The legislation is fairly strong, in my view. I’ve never exercised it as much as the gentleman at the table here.
The legislation is quite strong, in my view, but it was never funded to the level it should’ve been. Decisions were made far removed from the unique environment that we have here in British Columbia. I think it’s a matter of structure, perhaps, and resourcing, rather than developing a whole new piece of legislation. Those are just my thoughts on this right now.
We will get this legislation through, and of course, we will support it. I want to pop the hood open on a few more sections here, but that is my concern — that we have not been adequately resourced and/or issues have not been understood by the RCMP at the headquarters level nationally, which has compromised a lot of the operations that we have in the province here. But that’s a whole new discussion that we can get into, perhaps in estimates.
Section 15 approved.
On section 16.
M. Morris: This goes into the application and all the requirements that the application itself has to cover, which makes sense — all of the information there. But go down to 16(j): “information about the sponsor’s willingness and ability to pay for services that may be required if the applicant is admitted into the witness security program.” I guess that’s for whatever jurisdiction they’re working in, whether it’s a municipal or RCMP jurisdiction.
Would the sponsor have…? Will somebody be sitting down with the sponsor to say: “This could cost X number of dollars”? This could include having to send this person to Mexico and give him new identification. The magnitude of some of these programs in some of these cases is huge, and I think that might scare some of these sponsors, at the end of the day. They might be: “It’s far too expensive for me to enter into this kind of an agreement at this time.” Of course, that leads to other questions down the road.
Does somebody sit down and go through a comprehensive review with the potential sponsor as to what this might look like financially?
Hon. M. Farnworth: I thank the member for his question. Again, I think this is an important question, and the answer is yes. They do sit down with a sponsor, so they are coming in eyes wide open as to what the potential plan and the costs are going to be. That’s also one of the differences between the provincial program and the federal program. In the federal program, they can walk away. You know, let’s say a drug case. They can walk away.
A lot of the cases that we’re anticipating, a lot of what’s being anticipated at the provincial level…. I give the example: the Surrey Six one. We can’t do that, and we won’t do that, and that is: “You’re going to have to pay. It could be expensive.” But having said that, I also think that the public is there. Communities are there. If this is able to be an important tool in getting convictions, I think that that will be money absolutely well spent.
You’re right. They do sit down and go through so that everybody is aware of just what it’s going to be and what the cost will be.
M. Morris: We might as well discuss it at this particular point. It may come up later on, but if we get the answers now, then we can rush through them at the end of the day.
We have CFSEU, which I think is one of the best models of criminal investigations I’ve seen in my service with the force. I like the model. We have CFSEU that works in a multitude of jurisdictions, and we have witness A in Prince George, witness B in Kelowna, witnesses C and D and E down in Abbotsford and Surrey, and we need to put them into a program — or agents that might be involved. It’s right across the board, right across the province here.
How do you divvy up the cost for something like this? How is this brought to the mayor in Prince George or to the chief of police in Prince George and Kelowna and Surrey and Abbotsford, and say: “We’ve got all these people here. They have these special requirements”? Might be mental health issues and addictions as well. Might be security issues with some of them.
How is that divided up? How do they know, from the outset, what their costs might be? Or do you give them a range of costs? How does that work?
Hon. M. Farnworth: In the example that the member has given…. Let’s say CFSEU. It would be, most likely, taken over by them. What they would then do is go to each of the police agencies and say: “Okay, in community A, for this witness, there are these particular demands,” or “This is what we think are the services that are going to be required.” They would sit down with them, work out a plan, and they would come to an agreement on the financial requirements.
The reality is, I mean, this could take quite some time, and different components may in fact come into play at different points.
M. Morris: So if I understand correctly, then CFSEU would be the sponsor. Is that what you’re saying?
Hon. M. Farnworth: It could. In many cases involving organized crime, CFSEU actually does take on the role — not all of them but in the majority of them. So they, in essence, then, would become the lead agency.
M. Morris: They’re the sponsor, then, the lead agency. Then it’s up to them to collect the money from the municipal and the independent police forces?
Hon. M. Farnworth: That’s correct.
Sections 16 and 17 approved.
On section 18.
M. Morris: Just a couple clarifications on this particular section here. It says: “After receiving an application, the director must promptly do one of the following….”
I guess with the lack of time indicators within the statute itself, I’m just wondering what “promptly” means. That could mean a variety of things.
Hon. M. Farnworth: I thank the member for the question. There is policy work being done on that, and the whole premise is for the director to be able to move as quickly as possible. As well, there is case law around what “promptly” in fact means. So we expect that to be just that — promptly.
M. Morris: I guess I’ll accept it. We’ll have to wait and see what the policy looks like when it comes out.
Section 18 approved.
On section 19.
M. Morris: There are a couple parts in 19 here. So 19(2)(c): “the sponsor’s willingness and ability to pay for services referred to in paragraph (a).” Has the minister or staff anticipated what would happen if…? You know, we have some circumstances where we do have to put the individual into secure protection for a period of time. It’s costing money, but the sponsor says: “I’m not paying.” Sitting in your chair before, I’ve seen the reluctance of some jurisdictions to pay a bill when it comes in for various things.
I’m wondering what happens. Is section 50 of the ATA brought in to bear? How do you approach that kind of a scenario?
Hon. M. Farnworth: I thank the member for his question. I know exactly about some of the examples that he’s talking about. The bottom line is that it becomes a disputed item. But at the same time…. Right now you have the federal program where it’s managed. It’s also being done currently on an ad hoc basis, in terms of protecting a witness.
It’s not something that we anticipate being an issue, because the reality is…. I know some of the examples the member is talking about. I’d say there is a difference in terms of a prosecution, particularly around a high-profile case, but we will not abandon a prosecution because of that. As I said, it becomes a disputed item.
M. Morris: I might as well insert it into this particular part of the discussion, as well: has the ministry or staff put any metrics around what this looks like from a budgetary perspective for his ministry? How big an animal is this going to be for you to manage, and the cost of it?
Hon. M. Farnworth: Currently on the administrative side of the program, we’re not anticipating a significant cost. In fact, that cost will be being borne within the current ministry. On the operational side of the program, we will be preparing for Treasury Board, for Budget 2020, into next year’s budget, in terms of the funding. That’s being developed.
Section 19 approved.
On section 20.
M. Morris: Just one short question on this one. After a panel prepares a service plan, it’s shared. I’m just wondering… You have to give it to the designated agency and the sponsor. How detailed is that plan? Does it go through the full length of any treatment the individual might be needing while he’s in secure custody — secure custody while he’s being secured? Does it break down things explicitly enough that the agency understands exactly what services they need to provide and how much it’s going to cost at the end of the day?
Hon. M. Farnworth: I thank the member for the question. The designated agency will get a full, comprehensive, line-by-line breakdown. The sponsoring agency will get a high-level category expenditure breakdown. That’s in part to, again, control the amount of information that is out there.
Section 20 approved.
On section 21.
M. Morris: Just, again, a couple of clarification points on this. Section 21(1), the question I’ve written down here: what if the applicant meets all the criteria but the sponsor is unwilling to pay? Is there some kind of a mediation that takes place, or how does that happen? Then the other one is: if the panel rejects the application — the sponsor doesn’t want to pay — what if the risk for the applicant is still there?
Hon. M. Farnworth: If I understand the member’s question…. We don’t think that that’s likely to happen. It’s not something that we would expect to happen. It’s not something that we have seen at the current time. Right now we deal with these things on an ad hoc basis. It would, like in the earlier question, in essence, become a disputed issue.
When the applicant and the agency, the police, would obviously be coming to an agreement that, “Yes, you need to get into this program,” and then it would be going forward. At that basis, it’s hard to see why someone would be saying, “No, we’re not going to pay,” particularly if the police feel that this is an important case and this individual is important to getting a successful prosecution.
M. Morris: The scenario that comes to mind in the event something like that may occur…. Like you say, it may be unlikely, but we never know these days. It would behoove the sponsor or the police agency involved not to…. They’ve got to do the work. They’ve got to get the evidence and get the case. They’re going to incur costs as they move ahead. They have to….
Just like you said, there are some ad hoc situations ongoing as we speak right now. There’s nothing in the legislation, then, that would preclude an agency from doing that — if these things aren’t meshing and they provide this ad hoc service outside of the boundaries of the legislation itself.
Hon. M. Farnworth: I thank the member for the question.
In the scenario he’s outlining, and I think what he’s asking in the question is…. Yes, the police could continue on an ad hoc basis, but the reality, everything we’ve heard from police right across the province, is that they want this. This is the way they think that we should be going. The prosecutorial system wants prosecutions. They want the best practices, and this will ensure that. Again, I think it’s a question of…. It will work, and the scenario, as unlikely as it is…. We think we’re able to deal with it with this legislation.
Sections 21 to 24 inclusive approved.
On section 25.
M. Morris: Section 25 deals with urgent admission, and looking through it…. This is a situation where the province steps up to the plate, and they pay for the costs associated to it — the service plan, everything with it. It’s 45 days. So the services are provided for 45 days, initially, under this particular section here, if I read it correctly. It seems to be a….
How long would it take…? We’re talking about an urgent situation here where somebody comes rushing in the door and says: “We’ve got to do something with this individual and tuck them away somewhere safe.” That happens within a day or two, or it has probably already happened.
Is the panel convened immediately to deal with this urgent situation? And if they can’t get everything completed within 45 days, then it’s extended for another short period of time? Is that how this works?
Hon. M. Farnworth: The province can pay for the first ten days. After that, the jurisdiction is on the hook. There is the 45 days to come, to plan, and it can be extended for an additional 90 days after that. But again, in this kind of situation, I’m expecting that people will understand what the issue is, the importance of the case, what the plan is and, again, get things done promptly. I understand exactly what the member’s saying, and this is there to make sure that there is a timeline, but I expect the reality is that things will move quickly.
M. Morris: So we have this urgent situation. They apply, or everything is put in motion. But the provisions of part 1, or division 1, where they have to make an official application in the normal way, would kick into play. That would make the urgent requirement redundant, I guess, at that particular time.
Hon. M. Farnworth: It allows the director to allow somebody into the program, and then the application process kicks in.
Sections 25 to 30 inclusive approved.
On section 31.
M. Morris: Just a point of clarification on this section as well. It says: “The director may recommend to the committee that a panel terminate a participant’s participation in the witness security program.” I was wondering if the minister can give me an example of why this section is there. Why would he terminate something on his own?
Hon. M. Farnworth: I’ll make two points. First, this is discretionary. It’s not mandatory. Every case is different, and it may well be that an individual, you know, for whatever reason, after a year or two, is not abiding by the terms of the contract which they’ve agreed to. They may end up engaging in criminal activity again, for example. So that would be an example of how somebody could be terminated from the program.
Section 31 approved.
On section 32.
M. Morris: With respect to sub 32(3)(b)(iii), would the provisions of section 50 of the ATA come into play in a situation like this, as described under that particular section?
Interjection.
M. Morris: Section 32 of this bill and 32(3)(b)(iii)…. Oh yeah, you’re right: “Section 27(1) [payment arrangements in urgent cases]”. Or any kind of payment issues at all…. Would section 50 of the ATA come into play to address this deficit?
Hon. M. Farnworth: They could, but it’s not something that we anticipate them using.
Sections 32 and 33 approved.
On section 34.
M. Morris: My notes here…. Pretty broad powers with this particular section. Does this bind other police jurisdictions to comply, considering ongoing and active criminal investigations that they have that might be affected by this?
Hon. M. Farnworth: Yes, they are obligated to give the information. But then, of course, this is about protecting a witness. If there are concerns, they would have that conversation and work through that.
Sections 34 and 35 approved.
On section 36.
M. Morris: Again, in reading through this section, I look at 36(1), which basically says the director doesn’t have the power to require the records or information from those agencies, but then he will go and he will require those agencies to get that information. So the agencies have the power to get the information that’s required here? The director doesn’t have it? Maybe if I could just get some clarity behind how all that works.
Hon. M. Farnworth: The director would go through the designated agency or the sponsoring agency to get info that they otherwise wouldn’t have access to. This contemplates situations where, let’s say, you have a family situation where you may have one member in the federal witness protection program and there may be other members of the family that are in the provincial witness protection program.
Sections 36 and 37 approved.
On section 38.
Hon. M. Farnworth: I move the amendment to section 38 standing in my name on the orders of the day.
[SECTION 38, by deleting the text shown as struck out and adding the underlined text as shown:
(2) Subsection (1) applies despite any other
enactment, including the Freedom of Information and Protection
of Privacy Act and the Public Interest Disclosure
Act.
(2) Subsection (1) applies despite
(a) the Freedom of Information and Protection of Privacy Act, and
(b) the prescribed enactments.]
On the amendment.
Hon. M. Farnworth: This amendment modifies section 38 of the bill by removing the reference to the Public Interest Disclosure Act and adding a regulation-making power to prescribe other statutes if needed in the future.
The objective is to remove the exemption of the Public Interest Disclosure Act to allow for further consultation with the Office of the Ombudsperson and to follow the process under the Public Interest Disclosure Act, section 3(1)(b), Relationship of Act to other Acts, and to ensure that the intent of the Witness Security Act to limit the disclosure of information to protect the safety of individuals in the program is maintained.
Amendment approved.
Section 38 as amended approved.
On section 39.
M. Morris: Again, my colleague brought this up earlier on in the discussion here. But just a cautionary, I guess, issue from us is that we have protected individuals…. I’ve seen all kinds of nefarious individuals, and I’m sure my friends across the way have as well, who have gained access to these kinds of things in order to gain access to information.
So when this section here states, “For the purposes of subsection (1), sensitive information may be disclosed among any of the following: (a) a protected individual…” again, that opens the door to this individual perhaps getting information that might be beneficial to whatever organization he or she might have been attached to. Or it also could be an opportunity for the individual to scuttle prosecution because they don’t want to risk themselves any further, so they will get information to leak or to do something with in order to compromise the prosecution at the end of the day.
Was consideration given around these kinds of circumstances with this particular section?
Hon. M. Farnworth: Again, this is discretionary. It’s not mandatory. You know, the police have become very good at managing these individuals, and they’re very good at working with and understanding how nefarious individuals can operate. So I have confidence that they know what they’re doing.
Sections 39 to 42 inclusive approved.
On section 43.
M. Morris: Section 43. On request of the director, a person or entity referred to in section 37 — police forces, public bodies, etc. — “must cooperate with the director, to the extent possible, in providing or arranging a service for a witness or associated person who is or may become a participant.”
Again, I go back to the Surrey Six or the Bacon brothers or a number of these different scenarios that we’ve had where we’ve had to move locations perhaps for court purposes — and the impact that it has on ERT, emergency response teams, on bodyguards perhaps, on extra security provisions and all those kinds of things.
Is that recoupable by the original sponsor if one location has to spend a couple of hundred thousand dollars or half a million dollars, or whatever it might be, in providing ERT and security and whatever else is needed for that service but the actual sponsoring agency might be a community or a city or something way outside of the jurisdiction of where this actual trial might take place or whatever the circumstances dictate?
Hon. M. Farnworth: I thank the member for his question. That is part of the plan in terms of what the sponsoring agency does is exactly what the costs are going to be. But in the kinds of cases that the member has talked about, they are so big that the province will often step in and deal with some of those funding issues.
Sections 43 to 45 inclusive approved.
On section 46.
Hon. M. Farnworth: I move the amendment to section 46 standing in my name on the orders of the day:
[SECTION 46, by adding the underlined text as shown:
Personal liability protection
46 (1) In this section, “authorized person” means any of the following:
(a) the director;
(b) a minister, employee or agent of the government;
(c) a member of the committee;
(c.1) an employee of the Insurance Corporation of British Columbia;
(d) an employee or member of a law enforcement agency that is a sponsor for a protected individual;
(e) an employee or member of the designated agency;
(f) a prescribed individual.
(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against an authorized person because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Act, or
(b) in the performance or intended performance of any duty under this Act.
(3) Subsection (2) does not apply to an authorized person in relation to anything done or omitted in bad faith.
(4) Subject to subsection (5), no legal proceeding for damages lies or may he commenced or maintained against the Insurance Corporation of British Columbia, an employee of the Insurance Corporation of British Columbia or the registrar general under the Name Act because of anything the Insurance Corporation of British Columbia, the employee or the registrar general, in providing for a participant’s change of identity, does or omits to do
(a) in the exercise or intended exercise of any power under an enactment, or
(b) in the performance or intended performance of any duty under an enactment.
(5) Subsection (4) does not apply to the Insurance Corporation of British Columbia, an employee of the Insurance Corporation of British Columbia or the registrar general under the Name Act in relation to anything done or omitted in bad faith.
(6) Subsections (2) and (4) do not absolve the government from vicarious liability arising out of anything done or omitted by an authorized person or the registrar general under the Name Act for which the government would be vicariously liable if this section were not in force.]
On the amendment.
Hon. M. Farnworth: This amendment modifies section 46 of the bill by adding specific reference to employees of the Insurance Corporation of British Columbia such that they are explicitly captured under the liability protection provisions of the Witness Security Act.
The objective is to ensure that employees of ICBC may undertake duties for the purpose of the provincial witness security program without undue concern that the actions that they take in good faith in the pursuit of a confidential change of identity for a program participant may result in personal damages. Effective implementation of program services, such as the critical service of a secure change of identity, will be of utmost importance to the success of the program and safety of the participants.
Amendment approved.
Section 46 as amended approved.
Sections 47 and 48 approved.
On section 49.
M. Morris: Again, just a point of clarification here. Judicial review, 49(2): “A court or person presiding over a judicial review….” A court presiding over a judicial review — I certainly understand that, the ones I’ve been familiar with. I’m not sure what person would be overseeing a judicial review, so if that could be clarified.
Also, the other part in that is that it says “may take any measures the court considers necessary to ensure that sensitive information” is protected. Is “may” the strong word here, or should it be “must”? I’m just wondering. It’s a play on words here, but “must” would be a little bit stronger.
Hon. M. Farnworth: The term “a court or person” is legal drafting terminology that is used. The “may” is based on legal advice that we’ve received in terms of the development of the legislation.
Sections 49 to 54 inclusive approved.
On section 55.
M. Morris: Just one point of clarification. It’s probably the legal part of it. A corporation commits an offence. An officer, director, manager or agent of the corporation that participates in the commission of the offence also commits an offence. So would the prosecution directly go back to, then, the director or the person involved with that corporation, and the prosecution would take place with him or her as an individual, then, rather than the corporation itself?
Hon. M. Farnworth: Yes, both.
Sections 55 to 59 inclusive approved.
Title approved.
Hon. M. Farnworth: I move the committee rise and report the bill complete with amendments.
Motion approved.
The committee rose at 2:43 p.m.
Committee of Supply
ESTIMATES: MINISTRY OF LABOUR
The House in Committee of Supply (Section A); R. Kahlon in the chair.
The committee met at 2:54 p.m.
On Vote 35: ministry operations, $16,449,000.
The Chair: Minister, do you have an opening statement?
Hon. H. Bains: I’m really honoured to speak here today about the 2019-20 spending estimates for the Ministry of Labour. With me today I have Trevor Hughes, who is my deputy minister; Danine Leduc, right behind me, assistant deputy minister; John Blakely, executive director of labour policy and legislation; and Michael Lord, assistant deputy minister with management services division.
Also joining us from WorkSafeBC over there are Todd McDonald, vice-president of claims services; Al Johnson, vice-president, prevention services; and Mark Heywood, corporate controller.
These are the people and their staff who work incredibly hard to make life better for workers and employers in this province, looking at their health and safety, both in prevention and dealing with their claims, and helping them to get back to their pre-injury job as soon as possible. They have accomplished a mountain of work to support a busy legislative session, and I want to thank them for their effort.
The Ministry of Labour total budget for 2019-20 is almost $16.5 million. I said $16.499 million. This budget supports the ministry’s overall responsibility for workers’ health and safety, labour relations and stability and ensures that B.C.’s employment standards reflect the needs of British Columbians.
Budget 2019 provides an increase of $14 million over three years to support the modernization of the employment standards branch. From this, we receive an important increase — again, close to $4 million for this fiscal year and $5 million in both ’20-21 and ’21-22. The increase will allow us to make significant improvements to services for workers and employers, to improve the complaint resolution process and, more proactively, enforcement activities and to provide greater access to information so more workers and employers understand their rights and obligations.
The funding will also support implementing the new Temporary Foreign Worker Protection Act to better protect our vulnerable workers from exploitation and abuse. This includes the on-line licensing of foreign worker recruiters and on-line registration of employers wishing to hire temporary foreign workers.
At WorkSafeBC, there is a renewed focus on delivery of services and making them more worker-centric. A focused review of the workers compensation system is underway to ensure that injured workers receive care, compassion and respect while they recover from workplace injury. WorkSafeBC is increasing resources that focus on more education and enforcement as well as hiring more prevention and investigation officers. The investment we are making will help us better serve workers and employers while also ensuring sustainable economic growth.
With that, I would like to acknowledge our critic and the important role that he and his colleagues have played and continue to play. I look forward to discussions ahead, and I’m pleased to answer any questions about work underway within the Ministry of Labour.
I just want to add to that. Health and safety is the number one priority for this government and for me personally. For that, I had discussions with the staff that were here while we were waiting to come here. There are a number of changes being made at WorkSafe to ensure that we have strong prevention and enforcement regimes and, at the same time, respect those workers who are injured or become ill at workplaces, with respect and dignity — and that they get the support and care that they need to go back to the work that they used to do. I think they are moving in that direction very well, and I just want to say thank you to staff at WorkSafe for the work that they’re doing.
We have a lot more work to do, because I believe, at the end of the day, and I’m sure the critic and everybody else in this room would agree with me, that workers, when they go to work, expect they’ll come home in the same shape they went in — safe and healthy.
J. Martin: Thank you to the minister and staff for this latest session. I think we’ve been rescheduled three times now in the last 24 hours, but it’s good to be back on track.
Actually, the first couple of questions I had the minister addressed in the opening remarks regarding the modest increase to the budget and where that would be designated. I have a couple of specific inquiries about the minister’s office, and then we’ll move onto workers compensation and some of the other more generic themes.
The first one is…. Maybe I can just get a quick nod. Does the Minister of Labour have, as other ministers do, an executive assistant in his constituency office?
Hon. H. Bains: Yes, we do.
J. Martin: Thank you. I didn’t know if that was across the board for all of the front bench or not.
Can the minister tell us if he can include the costs, discuss the costs, of any renovations made to the constituency office to accommodate this EA — additional phones, computers, printer costs, any furniture purchases, supplies, travels, etc., for the EA that may have come out of constituency funds?
[R. Glumac in the chair.]
The Chair: Member, I just joined as Chair here, but I understand that we have to keep the questions to ministry estimates rather than constituency office funds. I don’t think that question is relevant to this discussion today. Thank you.
J. Martin: Okay. With the changes to the Workers Compensation Act last spring to expand presumptive conditions in the legislation, can the minister tell us how many claims were made under their previous scope and how many have been made under the new expanded criteria, which I was happy to support during the discussion?
Hon. H. Bains: When we are looking at…. Between firefighters, paramedics, police and all of our first responders, there were, in 2017, 3,934 claims, and in 2018, there were 4,404.
J. Martin: Thank you. I appreciate that.
Can the minister please tell us how many front-line staff were dedicated to processing these claims before the change in legislation and how many staff are involved since the legislation passed?
Hon. H. Bains: So 35 new staff were added as a result of extra workload.
J. Martin: Thank you for that. With the even-more-recent legislation that will receive royal assent shortly — including nurses, emergency dispatchers, the new extension for firefighters and volunteer capacities and such — what forecasts have been made about future caseloads regarding presumptive conditions and how staffing levels may have to be adjusted and funded to meet that demand?
Hon. H. Bains: Member, I must correct myself. I think I gave you total numbers, what was needed at that particular time. So 20 were added in 2018. Another 15 were added in anticipation of the extra workload that they anticipate. Going forward, based on the workload, they may have to make further adjustments.
J. Martin: It wasn’t that wasn’t long ago that the minister launched a formal review of the workers compensation system, to quote the minister, “to increase the confidence of workers and employers” in the system. Can the minister tell us what information he and his staff relied upon to undertake this review, and, in particular, what brought his attention to the concerns of workers, employers and other stakeholders? How did this process come about?
Hon. H. Bains: I think the member knows well. I’m sure that he has heard in his office — all other MLAs’ offices have — complaints from injured workers. They felt that the system was failing them. They felt that the system wasn’t there to help them to get back to work, that they were rushed to get back to work or that the system wasn’t fair to them. The system didn’t have as much confidence as was needed, about fairness, about objectivity.
I think that that’s what we are asking of this review: to take a look at the system from within and then provide us with some recommendations. How do we increase the confidence of injured workers in the system, how their claims are processed and how the injured workers view how their claims were actually dealt with? Was there a fairness and an objectivity when their cases were dealt with?
I always say that we should not judge any organization on how well they manage the good claims, but I think they should be judged on how well they manage those that are very difficult and complex claims.
You will hear from the board that…. I believe they talk about how 90 percent of the claimants are happy with their experience. I’m saying that’s fine. But what about the 10 percent? How are we dealing with those 10 percent, whether they’re 10 percent, 8 percent?
I don’t have exact numbers, but that is the area that we’re asking this review to take a look at. How can we improve the system so that those complex cases, whether they are going through the rehab system and have difficulty, whether they have, perhaps, a relationship with their case manager, whether they are having a problem with one of their contractors where they go for rehab, a pain clinic…? I think all those areas…. The workers, at the end of the day, make a decision whether they were dealt with according to what the expectations were.
I think that’s what Janet Patterson is going to do — look at the system, how we can improve the confidence of those who use the system. Remember the great compromise of 1917. The workers feel that they should be looked after when they’re injured, and I believe that. The employers need to have a system where they know that the injured worker, their employee, is going to get the help that they need and have them rehabbed and back to work as soon as possible.
J. Martin: Can the minister tell us what the surplus at WorkSafeBC is — I’m assuming there’s a surplus at this point — and what efforts are going to be made by WorkSafe to refund these amounts to employers?
Hon. H. Bains: I’d just like to say this. My goal as minister, and I have made it very clear, is that money that is at WorkSafe belongs to the workers — that they are dealt with when they’re dealing with their claims.
Right now it is funded at 154 percent. I think that’s where those…. It is because of the good return, partially, I think, on their investment and also lower claims. Those are the results; 154 percent that is a funded portion of WorkSafe today.
J. Martin: Relatively speaking, 154 percent funding may be described by some as excessive.
Is there a plan to review the possibility that there’s excessive funding taking place here and what to actually do with the excessive surpluses?
Hon. H. Bains: As you know, I think, about two years ago, some of the surplus money was returned to the employers. As a result of the way the system actually works, I think it’s a very sound financial…. I think with the fundamentals that are in place, they get a good return on investment. As a result of that, the employer right now is paying about 13 cents less per claim than the real cost is. The real cost is $1.68, and they’re paying $1.55.
J. Martin: Appreciate that. According to the government news release, one area of the workers compensation system review will assess WorkSafe BC’s current policies and practices through a gender- and diversity-based analysis. Does this beg the question that the minister is considering the Equal Pay Reporting Act tabled by my colleague and is considering pay equity as it relates to his ministry and associated agencies?
Hon. H. Bains: The member knows it is very, very important to this government and to all of us to make sure that we all agree with the intent of the bill that the member talked about. I think it’s long past that we still are talking about pay equity in Canada in 2019, so we need to look at that and adopt those policies wherever we can.
This one here that the member is asking about, gender-based analysis plus, is an analytical tool that includes the examination of a range of identity factors — gender, Indigenous, race, class, age, education, sexual orientation, language, ability, etc. It supports a comprehensive approach to policy development that is people-centred and evidence-based.
It’s not particularly to deal with pay equity, the gender-based-plus approach that we are taking across government. But the member’s sentiments are welcomed, and I think we all need to work towards that.
J. Martin: To follow up on that, then, beyond the accolades and the good intentions and the righteousness of such a definition of the review, what is your ministry specifically going to be undertaking this fiscal year to ensure this is more than just some very virtue-signaling, very confident description of the analysis? We’ve got a gender- and diversity-based analysis, and we have these other factors that the minister mentioned. So beyond words, what is this going to result in, in terms of legislation, in terms of policy, in terms of change?
Hon. H. Bains: The member knows some of the actions that the Ministry of Labour has already taken. For example, the presumptive clause for care aides, nurses and 911 dispatchers. That pool of workers is, largely speaking, female employees. Many of them are visible minorities and Indigenous workers in there.
Our goal is to make sure that our workforce reflects the population that we govern and, at the same time, to continue to help those with the policies such as what I’ve just mentioned — to bring all those groups of people, to give them presumptive…. The previous ones, the first responders, largely speaking, were male-dominated occupations.
We have brought these occupations, largely female…. Many of them are visible minorities and Indigenous groups. That’s our goal going forward as well.
You can also look at the Temporary Foreign Worker Protection Act that we brought in last year. That group is very racialized. We have ensured that when they’re working here in Canada…. They’re here because we need them. They’re here because our local workers are not available to fill those positions. But when they’re here, they deserve the same rights and protections as any worker, regardless of their immigration status. That’s why we brought that in.
I think if you look back…. I don’t want to make this political. I think we had opportunities in the last 14 or 15 years to move in those directions, but we didn’t. I think we need to continue to work on this. A lot more work needs to be done. Our ministry is very, very serious. We actually take this very, very seriously, and that’s why we are making those changes.
J. Martin: So shifting to the Fair Wages Commission, we know that they continue with their work. Perhaps the minister can provide us with an update on the budget for this commission and what we can expect during this fiscal year.
Hon. H. Bains: Member, thank you for the question. I think we went through it last year as well.
The $500,000 was the budget that was given to me to pay for the Fair Wages Commission. They have completed the first two phases of their work. One was to see how we could deal with the minimum wage. The second phase was: how do we deal with many of those non-traditional, alternate rates — piece rates, and so forth? They came back with that report as well.
Now they’re moving into a third phase of their responsibility, which is…. We said it right at the beginning, in the terms of reference. Now their responsibility is to look at: what can they do? What can they recommend? How do we deal with the discrepancy between the minimum wage and the living wage?
That’s the work they have just started. I understand they have gone through one meeting already. Yes, with one meeting in Nanaimo, this started. They will be hosting other meetings, and I expect that they will come back with that report.
This particular one, I think…. It’s not that the previous ones were not as important, but this one is much more difficult, much more complex. The living wage, as you know, is different in Courtenay than in downtown Vancouver. I think that’s the kind of challenge they will be looking at. Around the province, how do we deal with the discrepancy between the minimum wage and the living wage?
J. Martin: On that note, can the minister tell us when he expects to receive the report from the commission on the discrepancies between the minimum wage and the living wage and how comprehensive it will be to reflect the issues provincewide?
Hon. H. Bains: My understanding is that they will conduct about eight consultation sessions, and one is already done. The second one, I believe, is tomorrow in Surrey, and then six more to go. They will go around the province. Then I think it’s sometime in the summer, perhaps July, that they will come back with a report.
J. Martin: Recalling back about a year ago during estimates, we canvassed regarding the importance of continuity among the panel members for the duration of the three reports and anything else that they were to be tasked with. The minister provided assurances that his appointees would be “for the duration, and I expect them to deliver on the terms that I have given them.”
Can the minister elaborate on why the chair of the commission, Marjorie Griffin Cohen, was replaced last fall by Danielle van Jaarsveld?
Hon. H. Bains: As you know… I just want to say that Marjorie Griffin Cohen was a great chair. She did a lot of work. Even when we were discussing it, she felt that this was more than what she thought the work would entail. She had done those first two reports. Then it was agreed that the new chair would come in and take over for the last part.
They are moving around. As I said, a total of eight. Seven more are needed, when you look at tomorrow’s one as well. They will come back with their report sometime in July, I believe.
J. Martin: If the report comes back to your office in July, can you tell us when the public might be notified of that report’s contents?
Hon. H. Bains: Just like when the previous reports came to my office, we take some time to analyze it, study it. But my intention is, like before, to release it publicly as soon as we can do that.
J. Martin: Okay. The Fair Wages Commission — the mandate has been extended, basically indefinitely, past the third report. Can the minister bring some clarity to this? Was it an autonomous decision by the panel to continue, or was this a direction of the ministry to continue to operate? Maybe elaborate on the reasoning for the extension — whether it was the minister’s or the panelists themselves.
Hon. H. Bains: Member, I just want to clarify the question. As I understand, you asked why it is taking this long or whether we extended the time for the final report to come. My expectation was to complete those three phases and come back with a report by summer of this year. That’s the timeline that they have.
J. Martin: Basically, the main issue that I was seeking clarity on was where the direction came from for the extension of the panel beyond its original structure and mandate — if that was directly from the minister or if this was something that the panel determined would be in the best interests of their work.
Hon. H. Bains: I did not extend their term per se. I asked them to do those three things. They have completed two, and they still have to do the third one. So they’re just going by the timelines I expected them to come back with. I am expecting them to come back in July this year.
J. Martin: So to clarify, then, you expect the commission will not be working, tasked with any further reports or analysis, past the delivery date in July.
Hon. H. Bains: Yes. I think where the member is going was the recommendation in the first report. Their recommendation was to have a permanent Fair Wages Commission in place. We haven’t made that decision yet.
You know, when the time comes, we’ll make a decision. I’m waiting for the final report to come. When that report comes, then that’s the time, I think, to make a decision. What do we do? Do we continue on with them in some kind of ad hoc fashion or give them some permanency? Do we appoint them from time to time? I haven’t made that decision yet.
J. Martin: Thank you for the clarification.
The original task…. In the first report regarding the minimum wage recommendations, it’s pretty straightforward what type of data sets would be reviewed and the type of analysis that would be done. It’s going to be very, very different when we talk about a living wage. Can the minister elaborate on what type of data and what type of analysis the commission will be undertaking to come to recommendations in this area?
Hon. H. Bains: The member full knows that we have very, very capable members on that board: a professor from UBC; a chief economist from the business council; Ivan from UFCW, a president for many, many years — very, very thorough and qualified people. Like what they did before, they will do their own research, they will listen to the academics, and they will find all the data that they need.
I think, at the end of the day, it is complex. There’s no doubt. It’s not as simple as raising the minimum wage. The inflation and the cost of living — they examined the economics around it. They came back with a recommendation.
Here, there are two ways to look at it. Raising wages is one area. Lowering the costs for British Columbians is another one. We are looking at a number of different areas where the cost is going down for British Columbians. It will narrow the gap between the minimum wage and the living wage.
For example, when you look at the cost of child care, if a family was paying $2,000 per child before, and now they’re paying $800, that will be reflected. If they were paying MSP premiums, they will be saving $1,800 a year. That will be reflected in their data. They will be looking at that. I think if you have affordable and social housing, if more and more families are in social housing, that’ll reduce their costs.
I think a number of government initiatives already…. I think, in the House, in the question period, the minister was clearly stating that a family of $80,000 today is paying 43 percent less taxes. That is a savings. The cost of living in that particular area has gone down for them. Then they will look at where the wages are, what the overall cost is. I think taxes are one thing. Reducing fees and taxes are one thing. But then there are other costs.
I think that’s the kind of data they will be looking at. They are, like I said, very, very capable people, very thorough. They are research-based individuals. I’m sure they will look at all the data in order to come up with a final decision.
J. Martin: The ministry is still on track to raise the minimum wage to $15 an hour by 2021. I forget the exact date. What about the scenario where we come upon some rough, troubling waters ahead? There are concerns across the country that we may get a little bit rocky very soon on the economic front. The GDP, nationally, and a number of other indicators and metrics are not looking very promising right now.
If things were to change…. This stuff is cyclical. If we were to go through a period of economic hardship, as other parts of the country are experiencing — the new administration right next door and what might be happening as a consequence of their policies and their budget and what impact that might have on British Columbia….
Is the ministry totally committed to the current timeline for the increases to the minimum wage, or is there some flexibility there to recognize what might happen should the economy change fairly quickly?
Hon. H. Bains: I think the commission was very clear. That’s why they front-loaded the wage increases — and less in the last two years. They were very cautious, and they said that what they could forecast in third and fourth year sometimes is volatile and sometimes is not and may not be reliable. They did mention that the third and fourth year, they believe, will continue to be good economic growth in British Columbia. That’s why they said that if the economic growth continues the way it was in the last two years, when the report came in, the minimum wage actually could go up another 20 cents. So instead of $15.20 by June 1, 2021, it could go up to $15.40.
I have the full intention to continue on with the wage increases. Many forecasts that I’ve seen, that our government has seen, going forward…. British Columbia’s economy is seen to be continuing to grow faster than the rest of Canada, and job growth, including economic growth, GDP growth — all those factors are there to give British Columbia that kind of a forecast. It’s quite optimistic.
Of course, we are a small economy, as the member knows. We are sitting with the United States on one side and the rest of Canada. If all of those economies collapse somehow, it will affect us. But I think that, right now, the forecasts are looking good, and we have full confidence that those wages will continue on.
J. Martin: I’d like to touch on, for a moment, the situation with farmworkers, liquor servers, live-in camp leaders, labourers, live-in home support, residential caretakers. There’s quite a lengthy list of individuals and occupations that were left out of the initial report, but some of them were included in the second report.
Has the minister followed up with representatives from these sectors to get an understanding of how the commission’s recommendations and the implementation of those recommendations are having an impact in those sectors? Perhaps maybe if he’s able, too, to indicate what’s happening in each of the individual sectors as opposed to a collective approach.
Hon. H. Bains: As the member knows, when the Fair Wages Commission report came, they wanted us to implement minimum wage to farmworkers as a floor, starting, I believe, in June of this year. But they also raised some questions in there that not enough information was available to them. They said the system, piece rate basically…. The piece-rate system was implemented in the early 1980s, so it’s an over-40-year-old system. Agriculture being a very complex and large industry, we need to have a thorough understanding of the economics.
And not the entire agriculture industry is the same. What happens to the economics of blueberries is totally different than apples, and those are all paid through piece rates.
We hired Karen Taylor since that time. Karen Taylor worked with the Fair Wages Commission. She was to look at the agriculture industry individual crop by crop and come back with some recommendations. How are they paid currently? What are the economics? She is actually an agricultural economist from UBC and very qualified. We asked her to take a look at the economics of the agriculture industry as a whole and individual crops — what we need to do in order to make sure that the workers are paid fairly at the same time that the industry will continue to thrive.
We haven’t made any decisions on Karen Taylor’s recommendations. There are a variety of different things, as we expected. We will be making a decision shortly. I have been consulting with the agriculture industry and their representatives to understand more about what their concerns are.
J. Martin: Could the minister please elaborate on the concerns from the agriculture sector that have been expressed to him?
Hon. H. Bains: They brought a number of concerns. One of them was timing, and we listened. The Fair Wages Commission reported that we should give the wage increases effective June 1 every year. That is the middle of their harvest season, so we did not comply with that request. We chose January 1 to give all of them an 11.5 percent increase — to the workers who are in the farm industry.
The other concern that they had was that they are price-takers; they are not price-setters. Sometimes the price is set way after the product is sold, so they’re showing helplessness in that area. Also, the import of those products coming from other low-wage areas is another concern. They were looking for: how do we work together to find some more export opportunities, market opportunities for our product? I think the previous government and then this government is working together with them to make sure that we give them the opportunity so that they can market and get the pricing they need.
The Minister of Agriculture has come up with a very robust program: Grow B.C., Buy B.C. and Feed B.C. That is something that we are gearing toward, to make sure that products grown in B.C, that we utilize them in government facilities, that we purchase them locally and feed the people in those institutions local food.
I think there are a number of initiatives. We are working very closely with the agriculture industry. The Minister of Agriculture is probably the best friend that the agriculture industry can have. She is always talking about: how do we improve that industry, grow that industry? My job also is to make sure that, for the workers who are working there, their health and safety is protected, and they’re paid fairly as well.
J. Martin: There’s a unique situation with farmhands and live-in care providers. They’ve been given a longer timeline than some of the other occupations that we’re discussing. My understanding is that there’s still a plan to get them to $15 an hour sooner rather than later.
What type of impact assessment has been done on the businesses that will be expected to increase their pay for employees in these longer-term areas — speaking specifically, as I say, of farmhands and live-in care providers? Could they do it on the extended timeline?
Hon. H. Bains: Live-in home support was another group that was dealt with through the alternate wages. But the report obviously didn’t have enough information about them, how many are actually out there. We realized, after the report came out, that there was a lot more live-in home support than we thought there would be or the panel thought there would be. So we are taking in more information, and we will be making a decision. We haven’t made that decision yet — how we go about that and how we give them the increase that they deserve.
J. Martin: With respect to those in the liquor-serving industry, the government has expressed that they want to get their wages up to $15.20 an hour by 2021. This is a sector that is having enormous challenges these days, and I’m curious about what the minister has been hearing from representatives from this particular sector about the impact of minimum-wage hikes on their ability to stay in business.
Hon. H. Bains: I want to draw the member’s attention to the earlier question that he had about the pay equity and the gender-based-plus approach. Here is another example. These are largely female employees. About 82 percent of these workers are female. I think it was gender-based discrimination to pay them less than all other workers.
We took the balanced approach, a gradual increase, moving up to 2021 to bring them up to $15.20. I think it’s the right thing to do, and the industry was receptive to that approach. Industry’s concern always is: don’t come in and increase wages tomorrow by so much that it’ll be a real shock to them and they will not be able to adjust to that.
It’s like what happened…. As you remember, Member, the minimum wage was frozen for eight years, but then in 13 months, it was increased by $2.25. That’s not the kind of approach that the industry wants. We listened to them. All they want is certainty. We are providing certainty by implementing the first part of the recommendation of the Fair Wages Commission — gradually increasing, a steady increase, so that the businesses know what their labour cost is going to be this year, next year and two years down the road.
It’s the same thing with liquor servers. We want to make sure that all workers should be treated equally. This discriminatory wage rate that was established before is not right in 2019 in British Columbia, Canada. That’s why we are eliminating it. We did not hear very much push-back from the industry because of the way we are implementing it, a gradual increase. It’ll take us to 2021 to move them to the minimum wage, as all other workers are.
J. Martin: How has the ministry reconciled the minimum wage for those serving liquor with the reality that most of those servers make the bulk of their income in tipping? What type of analysis or number crunching was done to determine what an appropriate minimum wage for that sector is?
Hon. H. Bains: The Fair Wages Commission collected all that data. The Fair Wages Commission did their research, and they came back with the recommendation that the liquor-server low wage should be eliminated. They came back with the recommendation of how it should be raised.
There’s only one minimum wage, so all workers will be at that rate. That’s the decision we’re making. The member knows that we are moving forward to make sure that the tips somehow stay with the workers. It belongs to them. It is their wages.
J. Martin: Last year about this time, we spent a bit of time discussing the indicators that the Fair Wages Commission used in their costing of the $15 minimum wage. At that time, as I recall, the minister wasn’t exactly sure what this indicator was going to be, if it was going to be a combination of indicators or if it would be a single one — whether it’s inflation, CPI or maybe some other measure that is exclusive to one sector or another. Have we come up with a clear indicator of how we’re going to quantify this?
Hon. H. Bains: As the member knows, the Fair Wages Commission reported in their report that after 2021, it should be tied to inflation. We haven’t made that decision yet because the Fair Wages Commission is still working out there. We haven’t made a decision whether there should be a permanent Fair Wages Commission established to look at this area, but we will be making those decisions going forward.
J. Martin: Okay, thank you. What would be the purpose of even entertaining keeping the commission going? If the indicator was going to be tied to inflation, what purpose would they serve?
Hon. H. Bains: I think those are some of the questions that are also in my mind. We will be making decisions. If we are going to tie future wage increases to inflation or another constant like that, then we have to question whether there’s a need for a Fair Wages Commission to continue on. They may come back and suggest that they may be doing some more research in this area or some other area to help us continue on, but we are not there yet.
J. Martin: It’s my understanding that the commission is holding these consultations for another 30 days. It ends May 30, roughly. There are eight — two down, six to go.
Interjection.
J. Martin: Okay. Can we get an itinerary of the tour?
Hon. H. Bains: It’s on their website. I don’t have all the dates right now, but I can get them for you. It’s on their website — exactly where they are and what the dates are. It’s right there.
J. Martin: I appreciate that.
We’ve been seeing in the news lately a fair bit of coverage on people being persuaded to boycott retailers that are using automatic self-checkout tills. There was even a story about employees encouraging customers to avoid the real-person checkout and use the self-checkout themselves.
I’m curious. With all this dialogue going around self-checkout and whether that’s a good thing or a bad thing, and self-ordering now at fast-food restaurants, it’s basically inevitable that there’s going to be an enhancement, an expansion, of self-checkouts in the retail and hospitality industries. Is the ministry considering what impact this may have on those that are typically earning minimum wage in that type of profession?
Hon. H. Bains: I think the technology is used for a number of different reasons. Employers make those decisions for efficiency, for customer service. They make those decisions.
I hope you’re not engaged in that boycott campaign, Member. I hope not.
I’ve been to places where you have kiosks where customers go and order their fries, and others go directly to the worker. So I think it’s a choice of the workers and a choice of the employers who are going to make those decisions. When I go to those places, when I have an option, I go to the worker. There’s a personalized service available, and they are there to feed their families as well.
Technology is a reality, and I’ve gone through it my entire life. One time we used to have 650 workers working in a sawmill, when I started. By the time I finished, it was under 200 but with production of three or four times. I think these are the economic decisions that management people make, businesses make, and I encourage them to make them.
I think my role is to make sure that the workers who are working are treated fairly, that their health and safety is protected and that they’re getting fair wages. I think that’s where my role is. But I think workers will make their own decisions; customers will make their own decisions.
J. Martin: When the final report — possibly the final report — from the Fair Wages Commission is released, dealing with such a novel concept as a fair wage policy, will the minister take some time to consult with the sectors that are most likely to be impacted before acting on any of the recommendations that may come out of this report?
Hon. H. Bains: Of course. I think we will look at the report and analyze it, how it’s going to impact. I’m hoping that they will come up with recommendations that will give us information about why those recommendations are and how and what kind of impact it would have on society as a whole and individual sectors. So I think we will look at the report, analyze it and then make decisions accordingly.
J. Martin: What organizations, representatives, groups — B.C. Ag Council, for instance — would the minister consider consulting with before acting on any of the recommendations?
Hon. H. Bains: As you know, a number of reports came, and we went through a consultation process. The B.C. Law Institute went through the same thing. The labour relations code review came, and we put that out for consultation.
I think, depending on the report, we will do the analysis. If, at that time, decisions are made — to consult, how to consult and who to consult — we’ll make those decisions at that time.
J. Martin: Shifting attention now. Obviously, today was a big day for the minister, introducing the new amendments to the labour code. Whether the labour code had been introduced prior to estimates or not, obviously it’s something that’s quite topical.
Can the minister give us a bit of an overview of the type of consultations that took place and the people, the organizations they took place with before bringing in this legislation today?
Hon. H. Bains: It was quite an extensive consultation process that we went through before the labour relations code legislation was brought in.
First, we appointed a section 3 committee. They consulted far and wide, all across the province. In-person submissions were made. Written submissions were made. Then once they came back with their report, that report again was put out for consultation, further consultation and commentary from stakeholders and others. Then they received more submissions from different stakeholders commenting on that particular report.
Looking at all of those, the submissions and presentations, is how the decision was made to draft the legislation that we introduced today.
J. Martin: In the few hours since the legislation has been introduced, there are two areas of concern that I’ve received correspondence about, and they may have implications for the state of some of these sectors as we go down the road. The first one is with respect to raising the age for youth working. There’s some concern from both the ag sector and from the organizations that are involved in grade 11 co-op jobs, early trades training and such. Those are the sectors that I’ve been hearing from — trades in education and agriculture.
Can the minister elaborate on the consultation that took place in those particular sectors?
The Chair: Member, if the question is related to a bill that’s currently before the House, then you can ask those questions in that context. The questions here are regarding estimates. Thank you.
J. Martin: Okay. Then with respect to the labour code, the consultations that have taken place, what concerns were raised by different groups and different stakeholders with respect to your making changes to the labour?
The Chair: Member, that is essentially the same question. I’d ask that you move on to a different line of questioning on that. Thank you.
J. Martin: Am I to understand that questions regarding the labour code are not to be brought up?
The Chair: If it’s a question related to the bill amending the labour code, then that question isn’t for this venue.
J. Martin: Okay, thank you.
Last year, during the estimate process, my colleague from North Vancouver–Seymour brought up the issues of first responders and trauma, increased risk of addiction, mental illness and suicide. The minister was open to suggesting about how best to deal with this particular issue. Obviously, there’s some movement, going forward, with respect to the presumptive legislation. What more is the ministry planning on doing or has already committed to doing in this regard?
Hon. H. Bains: It’s a good question, because mental health is a very serious issue our society is facing and the workplaces are facing. As a result of that, in October 2015, actually, WorkSafeBC initiated the concept of a first responders committee focused on mental health and facilitated a forum to bring together representatives of first responder agencies. Of the 60 attendees, 81 percent supported the formation of the committee. The committee was formed, and the “Share it; don’t wear it” campaign was started.
In addition to that, WorkSafe has hired the first chief mental health officer, whose job is to ensure that all those support systems are in place, that those claims coming for mental health are dealt with in a fast-track manner and that those suffering from mental health and addiction will get the medical help and support that they need and which would help them treat their condition when it’s needed so that it would help them from progressing into a much more serious condition such as PTSD.
So quite a bit is being done, Member. It may not be enough, but I think we are monitoring it. The government, as you know, also has a stand-alone Mental Health Ministry. I think that working together and having presumption clauses, a first chief mental health officer and the committee of first responders…. All of those are the pieces that are needed in order to make sure that we provide the help to those who are suffering from mental health and addiction to get the support that they need in a timely fashion.
J. Martin: During the previous government, there were a couple of these presumptive bills. I believe the minister has introduced two of these so far in his mandate. Typically, the costs of these are borne by the municipalities. What consultation, what analysis, what degree of discussion took place with the municipalities that will very likely have this cost to contend with?
Hon. H. Bains: Member, you probably remember that we had this discussion last time. UBCM actually supported providing a presumptive coverage to the first responders. Those are their employees. The one that we brought in now…. They’re largely health care employees, so the Ministry of Health will take responsibility for that. It’s all costed out, and the ministry supports that — the ministry that is responsible for funding it. I think that, at the end of the day, it is about the health and safety of those workers, to make sure….
Member, you know — and I think no one would disagree — that when you have a broken leg or a cut finger, you know exactly what to do and how the claim will be progressed. But mental health is very, very difficult to diagnose and treat. There’s a stigma. There’s a denial.
Once you have the presumption clauses in there and the campaigns like this “Share it. Don’t wear it,” it will encourage those who are suffering or who might think they are suffering because they face some trauma to get help in a timely fashion so that they don’t develop the condition which then, later on, becomes much more difficult to treat. I think that’s the whole purpose: to prevent it first and then provide them help and support as soon as they need it.
J. Martin: I know that the Leader of the Third Party has raised some other areas where he would like to see this expanded to. Is there some consideration from the ministry for doing so?
Hon. H. Bains: I think when we passed the bill last year, it had provisions in there that we could add more groups through OIC. We are talking to different groups out there. Many groups have approached us. My goal is to make sure all workers’ health and safety is protected. Prevention is the key here. We haven’t made any decisions yet. Moving forward, there may be a decision made, but that would be for the future.
J. Martin: Again, last year during the estimates process, you agreed with the member for Cariboo-Chilcotin that WorkSafeBC was in need of some change and reform, and you mentioned that some initial changes had already been made in the leadership and the hiring of more people to provide faster, more efficient service in certain areas. Can you speak to the degree that these changes have been successful? Can you identify improvements with regards to the satisfaction rate of clients of WorkSafe, which is a key concern to all legislators?
Hon. H. Bains: I think, as we talked about last year, there were a number of different areas that were being looked at. The Paul Petrie report — I believe we talked about it last year. I’m not quite sure whether we did. He was appointed by the board to look at their policies and procedures, to come back with recommendations. He came back with 41 recommendations in his report titled Restoring the Balance, and also making a worker-centric focus when we are approaching the WorkSafe claims.
Those 41 recommendations are being implemented now, and they’re at different stages. Some of them are policies, some of them are looking perhaps at a change in the act, and the other ones are perhaps requiring a change to the regulations from within.
Yes, we have changed a number of board members. There’s new leadership at the board. They have since hired a new president, who will be starting June 1. Anne Naser was with the board a couple years ago and left. Now she came back. So there’s a new, refreshed, fresh look and focus.
I think, at the end of the day, working with the officers of the board to change the culture of the organization to make sure that safety is the key culture, that the workers are the people that come to them for service, that they are treated with respect and dignity, that they are provided help when they need it, care when they need it, rehab when they need it so that they can, No. 1, go back to their pre-injury job, and, No. 2, if they cannot, that they are taken care of and they get the support that they need.
I think those are a number of things. I’m advised that since last year, they do their internal surveys of those who use the services of WorkSafe. Those who reported poor and very poor last time — that number has gone down. I’m also advised that the injury rate has gone down as well. So I see some progress being made in that area.
The last…. I think 2017 workplace and work-related deaths were 160-plus. Last year it was 131. But I want to make clear that 131 are 131 too many. One death is too many.
That’s why we’re continuing to work to make sure that prevention is the key. That’s why there were 40 new prevention officers hired since we talked last time. There are more inspections, and more fines are levied if they see that there’s a continued violation of health and safety. So I think we are trying, through enforcement, prevention, education and training, to prevent injuries from happening in the first place. But then, if they are injured or become ill, they are treated with respect and dignity, and they get the care that they need in a timely fashion.
J. Martin: When referring to people that are injured or fatalities on the work site, can the minister give us some overview of those sectors that are particularly troubling in this regard?
Hon. H. Bains: These are the same traditional industries that you have seen in the past — construction, forestry, health care, manufacturing. Those are high-risk industries, as they call it. But also the member should know that of the 131 deaths that were work-related last year, half of them were from asbestos exposure. The same thing with the previous year. Almost half every year are from asbestos exposure.
That’s why the cross-ministry group was formed, the committee was formed. They consulted with the stakeholders, industry, workers and academics to come back with some recommendations. How do we protect workers and our population where these activities take place so that we can eliminate exposure to asbestos, because that is too much — half the deaths. I mean, these are the workers who were exposed to asbestos five, ten or 15 years ago. If they knew that that exposure is a certificate to death, they probably would have reacted differently and acted differently at that time to have better protection.
I think we are moving in that direction to make sure that the population and the workers especially understand the risks of asbestos so that we can eliminate that risk. That is certainly half the deaths that can be prevented going forward.
J. Martin: During that exchange that I’m speaking about with the member last year from Cariboo-Chilcotin, you had mentioned that any changes or reforms would be preceded by the consultation that you just made reference to.
He also said there would be public engagement. Can you identify what public engagement and what the results of public engagement were regarding reform and change at WorkSafe?
Hon. H. Bains: All of those areas of change that we talked about, whether it was Paul Petrie…. He consulted a wide range of people in order to hear their concerns about what is working and what is not working as far as the policy and procedures of the boards are concerned, how the claims are dealt with and what other areas need to be looked at for change to make the system better. He did that himself.
This asbestos committee is across ministries, and they consulted. There are people on that committee from unions who represent workers in that industry, and industry folks are there. They consulted, far and wide, all those who are stakeholders in that particular area — and municipalities. They came back with a recommendation, and they have a report now.
Now Janet Patterson will also talk to the injured workers who have dealt with WCB. She will talk to WCB. They’ll talk to the stakeholders on both sides — employers and employees, and advocates, the employer advocate and the worker advocate — to figure out what is working, what is not working and how we can make changes from within the system so that the workers who go through the services as a claim is going through WCB — how that can be streamlined and help made available, either compensation or medical, in a timely fashion, and how they can restore or actually increase confidence in the system, which may not exist because they may have had a bad experience.
I think that’s the kind of stuff that took place. That kind of consultation took place before we made those changes.
J. Martin: Is there a distinction in the challenges or the reforms that are sensed to be needed at WorkSafe? Is there a distinction between rural and urban B.C.?
Hon. H. Bains: They’re very live, actually, to the situation of rural versus urban. The operations are widespread in rural areas, as you know. They’re far apart, and the health care services are also much further available than the urban settings. I’m advised that they have actually increased the health care providers in those particular areas for injured workers, to accommodate the need of rural, recognizing the distance involved.
J. Martin: Similarly, last year, during estimates, my colleague from Kelowna West expressed concerns about the employer health tax on businesses, as increased costs may force businesses to lay off workers or to rethink expansion or hiring of new workers.
That taxation measure has been in place. Now, is there any indication of the impact that this may have had? We’ve heard of certain projects — developers having second thoughts and standing down. Obviously, that’s bad news for the construction sector and employees within it.
What inventory is the ministry taking of the impact that the EHT is going to be having on sectors such as that?
Hon. H. Bains: I could go by only one indicator. We have had the lowest unemployment in British Columbia in the country for the last 18 months. Since the health tax was implemented, actually, the unemployment rate has gone down. Today I think we’re sitting at 4.3 percent. You see signs all over: “Help wanted.” They haven’t come down. So I think, clearly, our economy is booming — best in the country. Job growth is higher than in the country. Unemployment numbers clearly show that businesses want to invest in B.C., and they are growing. They are thriving. That’s what I say about that.
Construction projects. I think there are a number of different factors why construction is slower now than it was before. If you look at the residential side, you’re looking at the stress test, which is a federal government thing. I just met with the real estate folks last night. I’m sure the member met them as well. They think that’s one of the key reasons why the industry is slowing down a bit.
You cannot pinpoint one area why maybe one project has been cancelled or a number of projects have been cancelled. There are a number of different reasons.
Also, if you want to ask more about the health tax and its impact on the industry, I think the estimates for the Ministry of Finance are coming, and maybe it’s appropriate to ask those questions there.
J. Martin: Specifically with regard to the construction industry, as you just discussed a slowdown in housing starts and construction, what is the outlook for that sector based on the information the minister has available?
Hon. H. Bains: Our ministry doesn’t keep that kind of data. It rests with some different ministries. They may have it — the Ministry of JTT, Jobs, Trade and Technology. It may be the Ministry of Finance. They may have that data. We don’t have that data.
What I can tell you is this. In construction, when the workers are working, our general responsibility is to make sure that those workers are safe, that their health and safety is protected, that they go home as safe and healthy as they came to work in the morning before their shift.
J. Martin: The member for Cariboo North last year at this time asked the minister, during estimates, about the impact minimum wage had specifically on employment and skills-training prospects. That was an area that a lot of us were talking about when the minimum wage was brought in. So what has the ministry done in terms of assessing the impact on young people, low-skilled employees, getting that first opportunity to apply their trade? What impact has the minimum wage had on that?
Hon. H. Bains: We have not noticed any impact, negatively, on youth employment as a result of minimum wage increases. As the member knows, it’s always a big debate about: what happens if you raise the minimum wage? There’s always fearmongering in one area. But if you look at the data and the research….
When we were going through the minimum wage, and then the Fair Wages Commission was going through it, there were 50 Canadian economists that wrote a letter, seven of them from three leading B.C. universities. They clearly said in that letter that the raising of the minimum wage has no impact, no negative impact on the job side of the equation.
If anyone argued that jobs will be lost or businesses will be shut down, they said it’s fearmongering. Those are 50 — not just one economist, two economists but 50 — economists all across Canada. I take a lot of comfort in those experts. Then the Fair Wages Commission looked at all those reports.
Now we look at the results. We started the minimum wage increases. We started when the minimum wage was at $10.35, I believe, and now we are sitting at $13.85, starting June 1. The economy is still booming. Businesses are growing. More investments are coming to B.C. The unemployment rate is the lowest. I think the indication clearly shows that there is no relevancy since we raised the minimum wage — that the job losses, somehow, in any significant way, can be realized.
To the opposite, I think the economy is growing faster. You see the signs out on every corner in the province: “Help wanted.” I’ve seen signs for the last two years. Those signs are still there. They can’t find workers. When I meet with the representatives of small businesses and businesses in B.C., they tell me their number one priority, number one concern is getting and retaining labour. They can’t find labour, and they can’t retain it. I think it just clearly shows that the minimum wage does not have any negative impacts on employment in British Columbia.
J. Martin: What has your ministry been doing with regard to one unique metric — that being workers staying on the job long after they probably would have retired in another era or people re-entering the workforce after they’ve already retired? They’re bringing a world of skill set and experience. What impact may that have on young people entering the market as there are fewer and fewer retirees?
Hon. H. Bains: The member knows…. Can you imagine if all workers were retiring at age 65, as it used to be? What would happen to jobs and then the vacancies? We can’t find workers now. If those workers were retiring earlier, that situation would have even been made much worse. I think it’s good that many of the members are able to work longer. It keeps them busy, gives them income that they need.
I think young people have all kinds of opportunities in British Columbia today. They’re finding jobs where they need to be. Not only that, we are bringing in a lot more temporary foreign workers to fill those vacancies. When you talk about 4.3 percent, the member knows that that is like full employment, in real economic terms. We have, perhaps, more jobs than the workers available.
I think it is a good thing that workers can work as long as they can, as their health allows them to, and, at the same time, that young people continue to get the opportunities to get into the workplaces.
J. Martin: Thank you for that. Again, last year the members for Cariboo-Chilcotin and Cariboo North raised concerns about the inability of northern communities to negotiate with physiotherapists, and you mentioned that you would personally look into this file. Are you in a position to give us an update on that?
Hon. H. Bains: The information I have is that approximately 450 physiotherapy clinics that are representing approximately 96 to 98 percent of the injured workers being treated have signed contracts with WorkSafeBC.
Of the over 38,000 injured workers who required physiotherapy treatment in 2018, about 200 were from four communities that are still without a contracted physiotherapist. But of those 200, 131 travelled to the nearest community with a contracted physiotherapy clinic. The remainder of workers were treated by a non-contracted physiotherapist in their home community.
I think they have worked hard to get all of them under contract, but they continue to work to see what more can be done in those four communities, whether it’s to work with them or if there’s an alternative way of providing that support to those workers.
J. Martin: With the changing face of labour, the gig economy and the transitory nature of jobs, I’m curious about the ministry’s preparation for dealing with a changing workforce. For instance, there are sectors where people want to work three 15-hour days in a row, get their 40 hours in and have their four days off. This is problematic with some traditional ground rules about working beyond 8½ hours and such. How is the ministry gearing up for more and more of these anomalies becoming the norm in the workforce?
Hon. H. Bains: When you look at the reports that I have studied and that the member must have studied…. The B.C. Law Institute took, I think, over a year to consult and do the research. Same thing with the panel of experts that I appointed to deal with the labour relations code.
They researched. These are labour practitioners. They know what is going on, what kind of work is out there, the changing nature of workplaces. They have identified that area. I think it’s a very complex area. It’s a changing world of work, and I think we need to deal with it.
I’m watching very carefully. If the member has any suggestions on how we deal with that particular area, I’m all open to suggestions. We need to deal with that. SkipTheDishes, for example — I mean, those types of things never existed before. Then there are a number of other different types of jobs that never existed before.
We need to be cognizant of the fact that the world of work is changing. What we saw 30 years ago isn’t what it is today. What is today? Maybe six months later there will be a totally different workplace because the technology is changing so fast. We need to upgrade our laws accordingly, labour laws especially.
At the end of the day, when we make those decisions…. You always want to keep in mind that the workers’ needs are looked at, that they are paid fairly, that they are treated with respect and dignity, that their health and safety are protected. On the other hand, employers’ interests are looked at to make sure that the efficiency is there and that they have some system in place that has some certainty for them.
I think that’s the kind of goal that you would be, in my mind, keeping when you make those decisions. I think we need to make those decisions, but I’m not there yet.
J. Martin: I remember these people that used to call themselves consultants that would take on a job for a year, two years and move on. Now you have people doing that just as a matter of course, whether they’re in IT or programming or anything else. What is your ministry able to do to support people that are on these short-term contracts that seem to never end?
Hon. H. Bains: I think you’re talking about exactly what we talked about earlier. Work is changing. I’ve seen many, including my own son…. He works from home. You never even thought about those types of things ten, 15, 20 years ago. And there are more and more of those types of jobs. How do you protect them under WCB? How do you provide employment standards coverage to them or other labour laws?
[D. Routley in the chair.]
I think those are the challenging areas that we need to look at. I think, at the end of the day, we’ve got to find a way to look at the new economy. How do we provide protection to workers and, at the same time, the employer can continue to thrive in the new economy? There’s a flexibility in a changing world of economy and technology, how businesses continue to grow and services are provided, and the workers are treated with respect and dignity.
Those are the questions, and we will be looking at those going forward.
The Chair: Member.
J. Martin: Welcome to the chair. Good to see you.
Thanks for that. You alluded to my follow-up question regarding the increasing amount of people that work from home now. A lot of the workplace protections for employees that have been developed over many, many years are not applicable whatsoever to them.
As the Minister of Labour, what do you see as your responsibility, for yourself and your staff, to address the needs that those people, an ever-increasing part of the economy…? What’s for them?
Hon. H. Bains: I think it is the same answer, probably, to this question. It is about a new economy, changing technology and a different way of doing work. The work is changing on a daily basis. I think it is our responsibility, the decision-makers and the institutions we rely on, such as WCB, to make sure that the workers, regardless of the type of relationship they have today — whether the worker goes to work, punches a card in the morning and goes to their desk or makes widgets or stays home and works from their computer and provides the same service…. It’s their responsibility. How are they protecting those workers, their health and safety?
I think those are some of the things that we’re already moving on, but a lot more needs to be done. The economy is changing so quickly. The technology is…. We can’t even imagine what it’s going to be six months from today. So we need to be nimble when we are developing our laws and make sure that they’re reflective of the changing nature of work, that the workers get the protection they need but that the employer also has the efficiency and the certainty to make sure that they continue to grow.
We’re up to it. We’re in Canada. We’re in British Columbia. I think we can do that. The challenge is going to come, and I think it should be up to us to be proactively looking forward. Some of the work is already being done. Some of the things I’ve already proposed and we have already dealt with — temporary foreign workers and presumptive clauses, for example. I think these are some of the things that we need to continue to look at and evolve and make sure that we stay with the times.
J. Martin: Mr. Chair, I know you just got here, but can I humbly request a five-minute break?
The Chair: Absolutely, Member. This committee is in recess for ten minutes.
The committee recessed from 4:58 p.m. to 5:12 p.m.
[D. Routley in the chair.]
J. Martin: We’ll shift gears to one of the minister’s favourite topics. Perhaps we can get an update on the creation of the registry for foreign worker recruiters. How is that going? How successful is it? What have we had in terms of compliance, non-compliance, enforcement, staffing and budgetary ramifications?
Hon. H. Bains: Before I answer that question, I think that, previously, the member asked a question about the Fair Wages Commission, where they will be going, what the dates are and where. My very able deputy minister gave me these dates. May 1 they will be in Surrey; May 6, Abbotsford; May 13, Prince George; May 15, Kelowna; May 22, Cranbrook; May 24, Vancouver; May 31, in Victoria.
On temporary foreign workers, Member, a lot of work has been done. As you know, it’s a new creation, and a lot of work needs to be done as yet. But quite a bit of work has been done in order to create the registry and the licensing regime.
What we’ve done in the meantime is improved accessibility to the branch services with a new multilingual service on our info line to support clients in more than 140 languages. I tried it to see how the system worked. You phone. You tell them what area of questions you have. I asked for employment standards. Somebody from employment standards will speak to you and answer your question or direct you to where you need to go to get that question answered.
They are developing a new on-line licensing and registration system. They are talking about maybe….I mean, that is there on a testing phase. This is going on right now. They are creating a new website for the new registry of licensing and recruiters. So I think they are looking at, with all of those in place…. Then the regulations are being developed, as well, which will go back to the cabinet for OIC approval. We’re expecting that they will be completed by the end of May or maybe the beginning of June.
J. Martin: Is the situation any different with the registry for employers of temporary foreign workers?
Hon. H. Bains: As I suggested, all the supporting infrastructure is starting to get in place, and they are in a testing phase. I think, as I said, the recruiters will be the first ones to get into the licensing regime. They will be using the system, and by the end of May, beginning of June, that work will be completed. Now that the infrastructure will be there, then the next phase will be to have the employer to start registering as well. That work will be completed perhaps by fall. That’s the target date. I think it should be completed by that time. By fall, you would have all recruiters licensed, and all employers who wish to use temporary foreign workers will be registered.
J. Martin: Thank you for that, Minister. Was there an expectation that one or both of the registries would be up and running by now?
Hon. H. Bains: The expectation was to have the recruiters’ licensing completed by spring this year and that the employers registry will be the fall of this year. As the member can appreciate, a lot of work needs to be done. This is a totally new creation of a system, and it didn’t exist here in B.C. before.
We are moving very fast, because we’ve seen the stories in the media these days. The abuse and the exploitation continues, and I think we need to put an end to it. Our federal government had a lot to do with it. They need to pick up their side of the responsibility.
Our job here when they are working in British Columbia is that they are protected, that the illegal fees are not charged to them by their recruiters and/or by the employers and that the employers comply with the labour laws that they’re expected to.
I think that’s a step in the right direction. It’s a good step, a strong step, and I think I can see some good protections coming for these temporary foreign workers through this system.
J. Martin: So how many complaints or instances of concern have been documented since it became public that these registries were going to be created?
Hon. H. Bains: Since the registry isn’t up and running yet, we would not be able to document how many complaints are actually from the temporary foreign workers. I’m advised that the employment standards branch gets complaints from workers. They don’t differentiate whether you’re a temporary foreign worker or you are a worker working here, a Canadian worker. They just take the complaint.
If the employment standards law has been violated, the investigation takes place, and then the decision is made accordingly. So I think they’re not asking whether you’re a temporary foreign worker or you are a Canadian citizen or a landed immigrant. They just take the complaint and deal with it.
J. Martin: Often the best policies and even the best laws are the ones you never have to enforce because there’s voluntary compliance with them. So this is why I’m raising this.
It was very publicly broadcast that both of these registries were coming into force. I can still see the newspaper article, what it actually looked like. So what I’m pursuing here is if there’s been some documentation of complaints prior to and since the announcement of the registries. Have we seen some voluntary compliance, or is there obviously still a problem with recruiters and with employers?
Hon. H. Bains: Member, we don’t have any evidence of voluntary compliance. Complaints are still coming through the employment standards branch. As complaints are coming from all workers, you treat them, complaints, at the employment standards branch.
Also, understand that they still have to go through a self-help kit, and that is a kind of deterrent to many of those temporary foreign workers, those people with English as a second language. I think many just walk away. They don’t want to go through this hassle of filling that report and going back to the same employer that has cheated them out of their wages, for example, especially temporary foreign workers.
How does anybody expect them to go back to the employer that they’ve lodged a complaint about with employment standards? They will be deported.
I think once this registry is in place, this will open up for them to come in and complain either anonymously or through somebody, and then the complaint can be investigated. Today, the way the system that we inherited is, you can’t even go on an anonymous complaint to go and start auditing these employers. They don’t do that. We are changing that around, as part of my proposals, from complaint-based to a proactive approach so that workers will have a real person to talk to, give them advice, take the information, do the investigation and make a determination as a result of that investigation.
I think there are a lot of areas that need to improve, and the temporary foreign worker registry will be one. Then we will know how many complaints are there. We will know because, proactively, we will have additional resources given out to the branch. They can proactively go and audit if they hear that there are complaints somewhere and maybe laws are being violated. I think it will open up a bit more areas of compliance. Hopefully, when the employers and the recruiters know that we’re watching, and there are stiff penalties if they get caught, that is another deterrent. And voluntary compliance, I think, would be a part of that.
J. Martin: Are we in a position where we’re able to give, beyond speculation, maybe some approximation of how many recruiters are expected to be in the registry and how many employers are expected to be in the registry?
Hon. H. Bains: The expectation is that between 500 and 1,000 recruiters would be licensed — not necessarily, I just want to clarify, that they all are located in British Columbia. But anybody who wishes to do business in B.C. — recruit for B.C. employers — would be required to register in B.C. So we’re looking at 500 to 1,000, my information is, and up to 10,000 employers who currently employ temporary foreign workers. So those will be required to register.
J. Martin: Being this far along in the process of putting the registries in place, I’m of the expectation that the ministry has some idea of the resources in terms of dollars and staff that have been committed to developing both registries.
Hon. H. Bains: All the changes that we are making are turning the employment standards branch, making a major transformation. The other changes are coming, including temporary foreign workers. We are giving more resources to the employment standards, a $14 million total. That is a lift that will be received over three years.
We’re expecting to hire over 40 new officers this year, and there will be more hired next year. These are the officers that will be dealing with all the changes that we are talking about in employment standards transformation. Temporary foreign workers will be part of that as well. Those are the numbers we’re looking at right now.
J. Martin: Can the minister give us an update on if there have been any changes in the profile of temporary foreign workers in the past year, with respect to the numbers of workers, the sectors they’re in and the countries of origin? Has there been a change, a notable change, in any of the different variables with respect to temporary foreign workers?
Hon. H. Bains: We don’t track temporary foreign workers, which country they come from. That is part of immigration. The federal government and our minister responsible for immigration may have that data. We are targeting those who are here in British Columbia — how they are recruited, who employs them and then what their rights are and how their rights are protected.
I think that’s what my mandate covers — to make sure that the recruiters obey the law. Now that they’re licensed, they know that we’ll be watching. The employer knows that when they’re registered, we know who hires these temporary foreign workers and where they’re working.
By giving extra resources to the employment standards branch, we can proactively look at what’s going on in those operations. If they find that either recruiters or employers are breaking the law, there are stiff penalties in the Temporary Foreign Worker Protection Act, including jail time.
N. Letnick: Thank you to the minister and staff for taking part in the estimates process — and, of course, to the hon. critic for leading this process.
I received a letter from a constituent back in February, and I’m just interested to know if things have changed since then, given the legislation that the minister has brought in and, of course, the budget the minister has to make those changes. That’s how it reflects to estimates.
I’ll just read a bit of this and ask the minister for some comments. He says that he’s a high-tech employee in Kelowna, recently been switched to a salary versus an hourly wage. Previously, on an hourly wage, he received overtime at a regular rate and not the 1.5 or two times level of other, non-high-tech workers.
He says: “Our new salary is just our previous wage, times 40 hours, times 52 weeks per year, plus 1.5 percent. The 1.5 percent increase does not begin to cover the overtime we are expected to do, as I have to work many Saturdays and Sundays over the year, on top of daily overtime, to meet deadlines.”
The high-tech worker exemption is that they can force him to work overtime without any extra compensation. That was news to me — that there was a high-tech worker exemption. Obviously not to the minister.
His question is — I’m reading directly from his letter: “Why does a non-educated worker have more employee rights than a high-tech worker who has spent many years either in a technical college or university? Has the policy created more high-tech work? From what I have experienced over the last 20 years of working in Kelowna….” He would say no.
He says: “It is time to remove the high-tech worker exemption. This policy has been around for 20 years, and it has failed to make a difference, except for the lives of the high-tech employee who works more hours and sacrifices health and family time to meet the deadlines of the company.”
If the minister would have some hope that he can offer to this constituent, I’d be happy to hear it and communicate that to him.
Hon. H. Bains: Thank you, Member. I get these inquiries all the time but different situations. There are a number of exemptions under the employment standards, and high tech is one of them. The B.C. Law Institute, who consulted widely and did their own research, recommended that we should review all those exemptions. In some cases, there’s no policy rationale. There’s a new economy. There are new jobs out there. Whether those exemptions make sense today as compared to before….
In this particular case, Member, my suggestion would be to get hold of the employment standards branch, either through your office or he could do it directly, and first determine whether he is actually exempted. Let them decide whether he’s exempted or not, because sometimes the employer says you’re exempted, and they may not be. I don’t know the exact situation, but if they forward that information to the employment standards branch, they’ll get the answer, and hopefully, he’ll get the answer that he needs.
I can tell you that I am looking at, going forward…. I’ll look at all those exemptions and what we do, whether some of them stay or some of those exemptions we remove.
N. Letnick: Thank you to the minister for the answer. I will convey that information to the constituent.
Obviously, in many parts of British Columbia, including the Okanagan, there is that dynamic between the employers that want to build the high-tech industry and the employees that want to provide good income to their families to support them. Hopefully, we can find that right mix. In this particular case, the constituent will follow through on what the minister said, and my office and I will do what we can to assist the constituent.
It does lead me to the larger question. I’m not too sure I got the answer, because I didn’t ask it. So let me ask it directly. Is there an exemption for high-tech companies, where they can do what this constituent has said, which is put them on salary and then force them to work many, many more hours than they would get paid if they were working hourly without overtime?
[The bells were rung.]
The Chair: There’s a division in the main chamber, so this committee will stand recessed.
The committee recessed from 5:39 p.m. to 5:52 p.m.
[D. Routley in the chair.]
Hon. H. Bains: To the question, the high-tech professionals are excluded partially. Partially means that they’re excluded from hours of work, overtime provisions and statutory holiday provisions. That’s why I’m suggesting that they should contact the employment standards branch and see what provisions apply to them, what they are excluded from, whether he or she actually fits into the exclusion or not based on the job that they perform and how they could move from hourly wages to the salary. I think those are some of the questions that are best left with the employment standards branch.
N. Letnick: Thank you to the minister for that answer.
So in general, if I’m an employee working at an hourly wage in any industry in British Columbia, can I be switched over to salary against my will?
Hon. H. Bains: I’m advised that the answer is a bit more complex than I thought it would be, but I think each individual case has to be looked at. What is the employment relationship, employer-employee? Why were they on hourly? How are they able to move them to salary? Is it just to avoid paying overtime and vacations? I think that determination can be made by the employment standards based on the case law available to them, based on the employer-employee relationship they may have and the type of work that they’re in, because there are some exemptions that we just talked about earlier.
I think it’s a question best answered by the employment standards branch. Many times questions come: “Am I a contractor, or am I an employee?” Those are the situations dealt with in individual cases. So I think employment standards are equipped to deal with that. I think that’s the best place to go to get that answer.
N. Letnick: I understand that on a case-by-case basis it would be important for people to go the employment standards branch and get answers for their particular cases.
The question I asked was: is it permissible in British Columbia for an employer to switch an employee from hourly to salary against their will? The answer I got was, “It’s complicated, and they should check,” which leads me to the answer, which is yes, in some cases. Otherwise, the minister would have answered no.
Can I confirm, please, that in some cases, it is possible for an employer to switch an employee — who signed up for a job, has his family in the location and all the things that go with it — based on a contract that was hourly and switch that employee, him or her, to a salary against their will?
Hon. H. Bains: I think the simple answer is yes, they can. But, again, they cannot go below the employment standards, the minimum standard that employment standards set for employer-employee to follow. I think, again, it depends on the situation and the type of work that they’re doing. Are they an exempt employee? Are they an hourly employee? How do they move from one to another? I think there’s employment law that governs much of those areas.
In non-union places — that’s probably where the member is coming from as far as the questions are concerned — employees don’t have as many rights as they have if they were covered by the collective agreement. But if they are trying to move their working conditions, their wages against their will, I think there are some remedies available and that those remedies should be pursued.
J. Martin: I’d like to revisit a conversation started with the minister about 3½ weeks ago before the break. It was with regard to a situation where a subcontractor was not allowed to refuse unsafe work, unlike an employee, because of the status as a subcontractor. It would seem that would be something that the ministry would want to change pronto. Can the minister provide any update or clarification on that, please?
Hon. H. Bains: Member, we discussed this case, and we were provided with the answers. The fact of this case is that it went through the system, went through the WCAT, and WCAT made a decision. Their decision is based on there being no employer-employee relationship — that it’s an employer-contractor relationship. Therefore, that clause does not cover and apply to them. But I’m advised that WorkSafe is aware of the situation in that particular area.
I think the appointment of Janet Patterson is one way to go to look at how we deal with situations like that. The position that WorkSafe takes, and I agree with them, is that no one should be forced into unsafe work and that if they are, and they refuse unsafe work, they should be protected.
I think it is noted. Perhaps this contractor should be contacting Janet Patterson. We could provide you the information how. Perhaps Janet Patterson can look at this area: how do we protect these workers so that they’re not forced or compelled to perform unsafe work?
J. Martin: Thank you for that.
If we think back about an hour and a half ago and some of our back and forth with respect to the changing economy, the changing nature of jobs, the idea of the traditional employer-employee relationship — 40 hours a week with a 45-minute lunch break, time and a half for overtime, etc. — we’ve basically conceded that things are changing dramatically and that down the road, that will describe a very minority of employee-employer relationships.
As more people are on contract, it would seem to me that the ministry is compelled for some major overhaul to address situations like this, because this isn’t an anomaly. We know that many industrial-commercial operations prefer to bring in contractors and subcontractors rather than hiring a new employee. There are a number of reasons for that. It would seem that there’s going to be an increasing amount of people that are working in situations where they really don’t have any protection from the policies or the legislation of the government.
To what extent would the minister be open to putting everything on the table to revisit the restricted nature of the employer-employee relationship that seems to govern most of the legislation and policies that come out of this ministry and the predecessor, the minister before you, as well? This isn’t something that started with this ministry.
Hon. H. Bains: If the member is suggesting that we should overhaul the WCB act and put everything on the table, it’s noted. I think yes, there is a changing nature of the work, and I think WCB or employment standards or the labour code should reflect the changing nature of the workplaces. I think, going forward, Janet Patterson is looking at it from within the ministry. She may come back and recommend some changes to the act. This could be another area that she could look at.
I suggest that you contact Janet or have this person contact Janet and draw her attention to it. I agree that we need to update the laws. We need to update the health and safety regulations on a continuous basis to reflect the changing nature of the work that we have today, to make sure that every worker has the protection of health and safety and that when they are in a situation where there’s unsafe work, they are able to refuse without any repercussions.
J. Martin: I’m going to be very cautious approaching this next area, fully aware that this isn’t QP, and we try not to politicize our dialogue. I think the issue I’m going to turn to is something that the minister should be commenting on. I know that it’s a subject matter that he is very passionate about. I’m referring to the low-wage redress where community care workers are receiving different hikes in their salary depending on their association or lack of association.
It would seem that the minister has been pretty quiet on this particular subject matter. I know it originates from a different ministry, but as the Minister of Labour, I think it’s incumbent on the minister to put forward his thoughts and his comments on literally having unequal pay for equal work.
The Chair: I’m sorry, Member. It isn’t related to the estimates of this ministry. So if the member has another question.
J. Martin: No, that’s okay. I’m just surprised that the member from Powell River hasn’t heckled me yet. This is probably the longest we’ve gone.
Basically, I’m pretty well all out of inquiries for the minister. I want to thank him, and I want to thank his staff for being forthcoming. This is the third time we’ve had this process, and I appreciate the respectful and open dialogue that I’ve had each and every time and look forward to doing it again next year, unless there’s an election.
Hon. H. Bains: I also would like to thank the critic and other members who participated in these estimates. Labour is a very, very important ministry in my view. It deals with the workers’ health and safety, and what can be more important than workers’ health and safety?
I appreciate the respectful conversation that we held, the good questions, and I hope that we were able to answer the questions the way they were intended to. If there are still some questions — maybe, perhaps, you want to talk to me about something that I left out — just corner me somewhere, and we can provide you with that information. So thank you very much for your participation.
Vote 35: ministry operations, $16,449,000 — approved.
Hon. H. Bains: I move that the committee rise, report completion of the resolution and ask leave to sit again.
Motion approved.
The committee rose at 6:12 p.m.
PROCEEDINGS IN THE
BIRCH ROOM
Committee of Supply
ESTIMATES: MINISTRY OF INDIGENOUS
RELATIONS AND RECONCILIATION
(continued)
The House in Committee of Supply (Section C); S. Chandra Herbert in the chair.
The committee met at 1:40 p.m.
On Vote 32: ministry operations, $48,163,000 (continued).
E. Ross: Before I was interrupted the last time when we were here, we were talking about title. I had to go run out, and I never got a chance to come back. I’d like to revisit that topic because the last comment was about how I was not quite understanding the concept that the minister was explaining. I have no trouble understanding title. I have no trouble understanding that. I understand the different forms, different opinions. What I was trying to understand was: what is the government’s opinion and the views in terms of title when it comes to discussing title with the Office of the Wet’suwet’en?
Hon. S. Fraser: I want to thank the member for the question, and I acknowledge also his statement that there are different ideas about what title means. I agree with that too. I don’t believe there’s a consistent opinion, necessarily, throughout the province — or the country, even. We are in the very earliest stages of our process with the Office of the Wet’suwet’en, and we are open to hear from them what title means to them. That’s part of the discussion that we have just embarked upon, so I don’t want to be prescriptive about it. We’re not going in there saying: “This is our idea of title, and you have to fit into that box.” We are not doing that.
E. Ross: Thank you to the minister for that answer. But there are prescriptive measures that can be taken, given the history of title in Canada and B.C. I’ll give you an example. One was decided by the courts: Tsilhqot’in. It’s not reconciled yet with B.C. title, mind you, but it is title.
There’s also a kind of form of title, given the treaty process in B.C. We’re talking about Tsawwassen. We’re talking about Nisg̱a’a. Now, that’s a vague term because it’s not actually recognized as title. It’s actually, basically, a defined title, so they don’t have any Aboriginal rights and title anymore. So there are certain examples that can describe title.
I’ve been trying to read up on what the Wet’suwet’en have been pursuing as title, and I don’t see where it fits, apart from them basing their argument on Delgamuukw, the court case. I asked this question before in terms of where the government is going to take this, specifically when it comes to the legalities of this. Will they be taking advice from the Justice Institute, for example, or will they be going outside to get a different opinion on title itself? There are two examples that the government can go down and can entertain.
I guess I’ll get right to my real point here. Is government considering that they’ll be requested to grant some sort of title, from a government perspective, apart from the courts and apart from the treaty process?
Hon. S. Fraser: This is a good line of questioning. I like it. Of course, if you do anything in ministries, you need to get legal advice, and we have that available to us as a ministry, as do all the ministries. Other ministers here know that too.
Murray Rankin — we’ve brought him on. He’s doing the work with us and has initiated that, two days of conversation so far. He’s also a constitutional expert and a lawyer. There is a legal piece of this.
The member also mentioned the Delgamuukw-Gisday’wa decision. It’s now — I think it was 1997 — well over 20 years since that significant legal decision. I’m not a lawyer. But I understand…. My reading of that and the explanation of that decision…. It does confirm that there is title. It didn’t go as far as defining that either.
We’re embarking down this path, at the early stages, with the Office of the Wet’suwet’en. We’re not taking a legal perspective on this. We’re leaving that open. We are having discussions now. I know we’ll learn from the Office of the Wet’suwet’en and the hereditary chiefs what their take is on the Delgamuukw-Gisday’wa decision and how that applies to them. We will learn from that.
We do not have any guarantee that we’re going to arrive at some sort of agreement at the end of this process. These are exploratory talks. We’ve left it, based on both the Office of the Wet’suwet’en’s opinion on this and our own, that we would go in there with open minds and open hearts and see if we can develop a relationship based on respect and recognition.
E. Ross: Thank you, Minister, for that. I do understand that. That was the answer I got the last time I was here, in terms of relationship-building versus accommodation or transactional agreements between the First Nation and the government.
When you’re talking about title, you’re also talking about principles of case law. In terms of title, there is a principle that title — and rights, for that matter — are actually held on behalf of the community.
Why I ask the legal question is that there are a number of things that the legal community is going to have to answer to protect the integrity and the liability that the Crown will be engaging in. One of those will be that rights and title are held on behalf of the community.
In these discussions, will there be groundwork principles and understandings between the government and the Office of the Wet’suwet’en to ensure that the rights and title are actually issues and are communicated to the Wet’suwet’en people themselves? They are who really own the rights and title.
Hon. S. Fraser: These are exactly the types of conversations and the topics that we will be embarking on. It’s very early on at this point in time.
E. Ross: Thank you for that. I guess I’ll be watching the newspapers, then.
In terms of this, then, we’ve already seen what happens when negotiations are held apart from the greater community. We see it with the caribou consultation on the caribou protection plan. Will the government be taking lessons from the caribou consultation plan and keep the greater public aware of what’s happening in terms of title? Title actually affects the land base, and in saying that, it affects a number of different rights associated with non–First Nations members. We’re seeing that all across B.C. right now.
Will there be a communication plan made for the greater public as these consultations are taking place with the Office of the Wet’suwet’en?
Hon. S. Fraser: Part of the role of Murray Rankin will be to, certainly, be in touch with local government and stakeholders. That’s going to be part of any process we have here. But I would just also like to remind and repeat that this is very early days. These discussions have just begun. I also meet with the elected chief and councils of the Wet’suwet’en. I recognize their role. They are elected. I understand their role too, but these discussions with OW are at the very, very beginning. There is not really anything to bring forward, certainly at this point in time.
E. Ross: Thank you for that. You actually…. Good segue into my next question.
The Wet’suwet’en people are just not one distinct set of people. There are actually a number of different houses, tribes, clans, communities. A lot of different houses — I can’t figure that out just yet.
In terms of the title discussions, it seems to me, trying to understand so far in everything I’ve read…. We’re talking about title with one specific group of the Wet’suwet’en people, and it seems to be a political body. But title being held on behalf of the community, trying to understand whose territory it is, whose house it is, whose tribe it is…. In that respect, I’m sure the government has a communication plan, not only for the non-Aboriginal people, but for all the Aboriginal people there, including all the Wet’suwet’en people themselves, as well as neighbouring tribes.
I don’t see the need for this to go into a meeting with the Wet’suwet’en themselves. The government’s already seeing what happens when they don’t do this type of communication through the caribou plan.
Again, I ask: is government talking amongst themselves about a communication plan that they can unveil to the First Nation in question later on? Surely, there’s a duty of the Crown here when we’re talking about this in respect to rights and title, as well as the greater public. I’m just wondering: is the Crown even thinking about this, as you get into these negotiations?
Hon. S. Fraser: Yes, communications and a plan will be part of any work we do as this unfolds. I would remind, also, that this process began over a month ago when the Premier and the Minister of Forests, Lands and Natural Resource Operations — it’s also his constituency — and myself were invited to a smoke feast. That was at the invite of the Office of Wet’suwet’en, the hereditary chiefs. This is a tradition and an honour to be invited to such. They also invited…. Really, the entire community was part of that, including elected members.
With the interest that I know the member was raising about…. I think it goes to unity. The hope here, too, is that this process will develop unity within Wet’suwet’en. I think that’s part of what everybody wants to arrive at. These discussions are not solely focused on the issue of title. They are about building a relationship, building unity within and building strength with unity.
There are a number of issues that, I hope and expect, will come out of this process, but again, I can’t speak to what a communications plan would look like. There’ve only been two days of meetings since that time. They just happened last week with the process that Murray Rankin’s involved in. We will know more as this unfolds, and that will help inform any communications.
E. Ross: To the minister: thank you for that. Yeah, we talked about that the last time I was here. We talked about unity and reconciliation. I talked about unity about 12 years ago and gave up on it. So if you can achieve that, with all these different tribes and houses and clans, you’ve accomplished something.
Even with the LNG project that I was working on for 14 years, we couldn’t get unity. We could get, at least, the leaders to agree to a business concept that was actually an accommodation of the infringement of rights and title. But even in my own community, I couldn’t get unity. I actually went to my elders to question it on how we get reunited. The answer from my elders was: “We’ve never been united. You’re trying to accomplish something that’s never been.”
Today it’s an even more complex subject, because we’re not isolated anymore. We’re not just one little community stuck with no highways. So if you can achieve that, you’ve achieved something.
When we’re talking about unity — unity for what? Are we talking about consensus, or are we talking about just uniting all the bands together and all the villages and all the houses and all the clans? Is there a purpose to getting all these Aboriginals, communities and houses united? Is there something behind it, or is that just the goal to get them united?
Hon. S. Fraser: Yeah, the topic of unity is another one that’s like reconciliation. You could come up with, I guess, various definitions. I know the member was referring to that. I agree with him on that too. In my opinion, unity — at least the unity that I’ve been referring to — is not…. I’m not talking about consensus. I would suggest the member is right.
I don’t know any community, First Nations or non–First Nations, or any government body that has a full consensus of opinion on issues. Life would be pretty boring, I think, if that were the case. I just don’t know that that’s ever going to be achievable.
As the member well knows, within Wet’suwet’en, there are differing opinions on issues of self-determination, governance and how that can be achieved. It’s my hope that we will see a coming together of direction within Wet’suwet’en on how to approach how to work with government, for instance — that sort of thing. That’s the kind of unity that I was referring to.
I don’t believe that it’ll be government’s role to create that unity. I think that needs to happen from within Wet’suwet’en. I believe that it’s a similar desire to bring together different opinions on how governance should occur within the Wet’suwet’en people.
E. Ross: Yeah, I understand all that. I just want to know what the purpose is behind this exercise. It’s going to take a lot of effort. It’s going to take a lot of time. It’s going to take a lot of money. So there’s got to be an objective to ensuring that there’s unity within the Wet’suwet’en people. Is there an overall objective?
Hon. S. Fraser: The member knows this, I’m sure. It is a divided community at this point in time. That is a lot of stress. I know there’s a lot of desire, within the community, to address these issues to try to bring some common ground to that, within Wet’suwet’en. We would like to help, as government, in that process. We’ve offered to help because I think it’s the right thing to do, first of all. So we’ve provided some resources for the Office of the Wet’suwet’en to engage in that.
To be fair, for government, what we can achieve from that too…. We get something back from that. It helps give us some clarity when we’re dealing with Wet’suwet’en on how to deal and who to deal with on the particular issues as they arrive. If we’re going to be having a relationship with the Wet’suwet’en people, which we are…. We’re developing. We have a relationship already, but it can be improved here.
On a government-to-government basis, it’s important that we have clarity about who we deal with and how we deal with. It’s hard to have a government-to-government relationship without that clarity. That’s the benefit, the goal, that I see as the minister.
E. Ross: I’m assuming the government thinks that’s what unity will achieve. It’ll give government a clearer picture on who speaks or what the directive is or the objectives of the First Nation in question. Why I bring this up is because this has happened before. They’re not the only community to be divided in B.C. Over the last 20 years, there have been many, many communities that have been divided, in similar conditions, to the same extreme, including mine.
One, in particular, was the war in the woods. That was settled through a forest and range agreement accommodation. That’s what got the First Nations to basically stand down, because all they really wanted at the end of the day was to be included and to address poverty, unemployment and some of the other social ills.
This is why I’m asking if there’s an objective at the end of this, because usually, in itself, it will tend to be a multi-generation project. You’ll have to continuously monitor it and keep up to date with it if it becomes a government program, to ensure there’s unity within First Nations communities.
I think I’ll be honest here. I’m not quite sure where this fits in with what’s going on along the pipeline corridor route from Prince George to Kitimat and Hartley Bay and beyond, but it’s my understanding that this has really got nothing to do with the pipeline. So am I to understand that the exercise the government’s taking here is mainly to create a relationship as well as to achieve unity within the Wet’suwet’en people that will give government a better idea on how to interact with the Wet’suwet’en people?
Hon. S. Fraser: I know the member mentioned the couple of goals that we’re hoping to get, but he said it more definitively, as though that was the reason we were doing this. Again, we’re not identifying all the goals of this process. There’s not an end-game. Like, this isn’t to get to do something. It’s not about a project; it’s about a relationship.
The member mentioned the war in the woods. I have a different take on how that happened. There was a huge conflict in the Clayoquot. Out of that process, in dealing with the conflict and the strife within Clayoquot Sound, the Nuu-chah-nulth led a process that the government of the day listened to and, without being prescriptive, worked with the Nuu-chah-nulth leadership to develop a process that led to what was known as the Clayoquot Sound central region board, which actually was a co-management board.
Five First Nations leaders, Nuu-chah-nulth leaders from the five First Nations — they were basically the chiefs from those nations — were appointed by the five First Nations as representatives. Then there were five non–First Nations local government reps — mayors and such. I happened to be one of those mayors for three years.
It was an even board. There were two co-chairs: one Nuu-chah-nulth, one from the province. It was a unique management board that was developed out of an openness to try to address some problems in the area and with the nations and between the nations and the province at that point in time.
By going in with an open mind, everyone benefitted from that. It reduced the strife and the conflict within the Clayoquot Sound region. Some of the land use work that was done back in the day…. It was really cutting-edge land use planning, and it still exists today, decades later.
Again, I think starting a process without being too defined as to where we’re going to get to but knowing that there are problems we need to deal with, being open to the discussions and going in with an open heart and open mind is the goal here — that we will develop a relationship, develop a level of trust and recognition in a government-to-government way that will serve everyone, the Wet’suwet’en and the people of the province, better.
E. Ross: Forgive me if I try to paraphrase what I heard in terms of the objectives. I heard “relationship” and “get a better understanding” of, basically, who the Wet’suwet’en are, and that would give you a better perspective on how to address some of the issues. If I got that wrong, I didn’t mean to. I didn’t mean to be prescriptive in terms of what the objectives were. I was just trying to understand what the idea was behind these discussions.
In saying that, the forest and range agreement actually drifted off into different jurisdictions. My band was a beneficiary of it as well. We signed a forest and range agreement. We spent ten years with it. We actually had a renewal five years ago, which brings me to…. I understand you’re not the Forests Minister, but the forest and range agreement is actually an accommodation. It allows B.C. to harvest the rest of our territory. I’m pretty sure every other First Nation that signed off to the forest and range agreement has the same arrangement. It’s an accommodation. In return, they get to harvest a certain amount of wood and they get a certain amount of revenue.
In saying that, in your knowledge base, are you aware of the progress of the government in terms of signing off these accommodation agreements — the renewals, to be exact?
Hon. S. Fraser: Those forest agreements I know. I remember them from before. There were the FRAs and the FROs and the FCRSAs — now we call them that, of course — different acronyms that always lose me, because I don’t like acronyms. I didn’t know what MSF was for the longest time, and I complained about it. It was me. That’s how I’m referred to in acronym. I felt like an idiot. But I digress.
These forest agreements are a very important tool for us as government and for the nations. In answer to the question, there are 156 nations with FCRSAs, and this year was a full pull for renewals, all 156.
L. Throness: I just have a few questions for the minister. It’s because we have a treaty process ongoing right now, in the Chilliwack River Valley in particular. It’s called the SXTA. It has to do with the six Stó:lō First Nations. This is just coming into the public mind in the Chilliwack River Valley, so there’s some public concern about it. There is a land offer of 10,000 hectares and a cash offer of $150 million that has been made.
I’ve had a meeting with staff, who are very good, but I want the minister to affirm that, just as he has consulted with the treaty table members, he will consult fully with other Indigenous peoples who have made concerns known to me, as well as the non-Indigenous communities who will be affected by the treaty.
Hon. S. Fraser: Thanks to the member for the question. The SXTA is an exciting table. It is moving along well.
Yes, in answers to the questions, there are dialogues with other local nations, with local communities and local government. There’s a community meeting in the next couple of weeks. I can get the member more information on that too. He’s nodding; he’s aware of it already. Yeah, that is the process. It is the process that we follow with all our negotiations, whether it’s inside the treaty process or there are other types of reconciliation agreements.
L. Throness: Officials have told me that the boundaries of the land offer are crude rather than refined boundaries. Some constituents have come to me who are essentially surrounded by a land offer community, and they’re worried about access to the Chilliwack River. They’re worried about access to water wells and hiking and all of the things that they are used to doing. I’m wondering if the minister would affirm his willingness to adjust boundaries of the land offer in response to local concerns.
Hon. S. Fraser: These processes, these dialogues we have with local communities, with other nations and with the nations — in this case, the SXTA — about the land quantum…. All of those consultations are designed to try to refine the crude boundaries, as the member has stated, and to try to accommodate for the various needs within the region.
That’s the nature of negotiating the land deals with nations — to try to make sure that we mitigate the concerns that are there by other communities, other nations. That is the challenge that our staff live with.
It’s a good point in time, actually, to maybe mention this. I’ve been doing this job for almost 22 months now, and I thought I knew it all when I began, because I’ve been the critic for over a decade. I thought I knew exactly how the ministry worked.
I have to tell you that the people we have working in this ministry are amazing. We are a very small ministry. You know, we have less than 300 staff in this ministry. I have, as a minister, put a whole bunch on top of them to do, that was over and above, I think, what was happening before, everything from different types of reconciliation agreements, different types of agreements, thinking out of the box when negotiating and working with nations, going to topics and places that previously were not even embarked upon, discussions of title and rights and reconciliation — all the things that were kind of shied away from at the tables.
Under my direction, we’ve opened that up, and it has meant a lot of work for ministry staff. Whether it’s those that are in the Jutland office here in Victoria or in the regional offices all over the province, everyone has just come to the fore on this. They’re excited and enthusiastic about moving forward on reconciliation in a different way.
I just want to put it on record. Hats off to everyone in this ministry — those at the senior level of staffing that are with me today, and everyone down in the regional office, everybody down at Jutland. If it wasn’t for them, I, as a minister, and we, as a government, wouldn’t be able to be doing what we’re doing. I want to put it on record that I acknowledge that and thank them for putting up with my idiosyncrasies as a minister.
Sorry to digress. I believe I answered the question. But yeah, that’s the whole reason that we have these discussions with local governments and other nations.
L. Throness: Just following on with that. The minister has already touched on this, but as the minister knows, there are overlapping claims between almost all First Nations in B.C. The SXTA process is no different. When I shared the maps of the land offer to a community forum, which involves municipal governments and First Nations in my riding, some were upset. They’ve made their objections known, I believe.
How does the treaty process resolve overlapping claims between First Nations, which could be vectors for conflict in the future?
Hon. S. Fraser: The member hits on a significant topic and one that’s challenging. One of the things that we are doing differently in the ministry is trying to address those up front, as quickly as possible — the issues of shared use lands and overlaps, those sorts of things. We try to bring the parties together early. Also to make sure that the nation that we’re actually negotiating with are a part of that process with their neighbours — that they have a role to play too.
Arguably, this is part of the reason why some of these negotiations take longer than we would wish and even the nations would wish. It’s because of the process. It can be a lengthy one, where you bring the parties together to try to find common ground on some of these issues.
The member is right. There are overlaps or, if they want, shared territory. I like that term better. It’s less negative, I think. They exist all over the province.
Many of the boundaries that have been put down are arbitrary in some ways. Sometimes it was done under the Indian Act, and other times…. And it’s divided. We have 203 different First Nations communities in the province now, but there are only around 30 linguistic groups. Tracy could give you the exact number, I’m sure.
Part of what I would like to see more of and is happening more in this nation-building process is where…. Again, you have six Stó:lō Nations coming together under the SXTA and negotiating together, essentially at the same table. It’s the start of a nation-building process in some ways, I think, and I think that’s healthy progress on our relationships, government to government.
It is what we do in these negotiations. Part of the big issue that we deal with is how we bring together the various parties to try to address overlap issues.
L. Throness: I would simply point out to the minister that some First Nations were surprised at the land and cash offer that had already been made in stage 5 before they heard about it, so early engagement would be very much preferred.
I want to ask a couple of philosophical questions that were given to me by a very experienced person in this area, and I thought they were good questions. The treaty process results in a cash and land offer, but often the Crown land is forested land, and it’s sort of a cookie-cutter solution to treaty. But when forested lands are given to a First Nation, they are not always helpful to them because the land may be in a remote area, the nation may not have experience in that area, the parcels of land may be geographically separated, as they are in this case.
Has the government considered giving a larger cash offer in lieu of land? It would allow a First Nation to tailor their own economic development to their situation and purchase private land wherever they wanted. For example, maybe an urban First Nation, such as we have in Chilliwack, may want to buy an office building, or they might want to buy a place with a Wal-Mart on it, as one First Nation does in Chilliwack, or something like that. Is that an option in the treaty process that’s explored?
Hon. S. Fraser: I guess the simple answer is yes. There is no cookie-cutter approach in the treaty process. Every table is different. The needs of a nation are different. We try to meet the needs of the nation through that process. It’s rare that land isn’t a big part of that, because land as territory is integral to nations. If it’s less available in certain areas, urban areas, then we try to be open and creative in those situations.
It’s tripartite also. The member is aware that the federal government is at the tables too. The formula is usually that the feds provide the cash component, whatever that might be, and the equivalent component is land. And that’s all movable too.
L. Throness: Just one final question for the minister. In the treaty process…. And I’ve drawn on my experience as a former chief of staff to the Minister of Indigenous Affairs federally, where I saw this across the country.
There are disproportionate rewards in the treaty process because it’s ad hoc. Every treaty is negotiated on a unique basis. Each one takes a lot of time. Over time, I think, in general, Indigenous communities who are first in line for a treaty…. Some may not want to enter the process, as many do not in B.C., but the ones who are first in line for a treaty will probably get more than the last ones.
Should not the government guarantee to every First Nations person that they will be treated equally with every other Indigenous person in B.C.? How is the minister going to treat every First Nations person fairly and equally?
Hon. S. Fraser: In my opinion — I’d like to correct — I don’t believe there is a first-to-the-table gets more. Each negotiation is…. As I mentioned in the last answer, they’re not cookie-cutters. We deal with each nation with respect and try to meet their needs. That’s the flexibility within the treaty process that we try to maintain. Every nation is unique, and we try to meet those needs the best we can through the treaty process.
D. Ashton: Just on the same subject, has the upcoming federal election slowed any process on working with the federal government regarding treaty revitalization? Has there been any slowdown?
Hon. S. Fraser: The member has a good question. So far the answer is no. However, I think the member is right in asking the question. As we move into the next few months, I think you’ll see the focus of the federal government change. That, I think, happens every four years, and we’re going to see it’ll have some effect, potentially, on what we’re trying to do on those issues, what we do in partnership with the federal government.
I suspect it probably happens the opposite way when we go into a provincial election. Probably something similar happens on the federal side. They might have the same discussions.
E. Ross: A little bit of a change in topic here, getting away from the rights and title and reconciliation.
Over the years, I saw less and less need for treaty, given the economic opportunities coming up, especially LNG. It afforded me more than treaty ever offered, including land, revenue, jobs, training — everything, the whole package. So I took our band out of treaty negotiations.
I understood the complications around land and land designations, whether it be private land, reserve land or Crown land. But I have a tough time understanding how asserted rights and title coexist with a treaty.
I’m talking about Nasoga Gulf. It’s been a few years now. The Nisg̱a’a signed their treaty. It’s got to be ten or 15 years now. And they’re still trying to achieve independence. They’re still trying to achieve self-determination. They’re still trying to get away from government funding.
They’re trying to lean more towards economic development. Nasoga Gulf is one of the biggest prizes that are adjoining their territory, and they’re kind of stuck in this political limbo between asserted rights and title versus the treaty. I just want to know if there’s been any progress made on the file on Nasoga Gulf.
Hon. S. Fraser: Nasoga, of course, is ongoing. It has been a while. It’s been years since the work began on the Nisg̱a’as’ acquiring of Nasoga.
As a nation, though, they do have the ability to purchase land. Also, as a treaty nation, they have the ability to add to that treaty land. So there are options open. Those discussions are underway. Discussions with the Lax Kw’alaams and Metlakatla are underway. Those are in progress right now.
E. Ross: Yes, I understand that. That’s basically what they’ve communicated to me as well. But that’s the problem. They understand their right and their option to purchase land — Crown land or private land. What we’re talking about here is purchasing Crown land at market prices and possibly converting it to private land, mainly for the certainty for a major project development like LNG.
But they can’t get over the issues of asserted rights and title with neighbouring bands. The people in charge of that, making that determination, are actually the provincial government. So they keep requesting updates and help from my side. I can help with implementation. I can help with the type of agreement. I can understand designations. I just don’t understand where it’s at.
Now, I understand the government has sent out letters to First Nations that have asserted rights and title. I do not think they sent referrals. I think they sent out letters notifying the band of the intention…. The treaty band — treaty First Nation. Sorry. They don’t like being called “bands.”
This is where I’m at. Is there going to be some type of formal process, specific referrals, going out to the neighbouring bands that have asserted rights and title in respect of Nisg̱a’as’ request for Nasoga Gulf?
Hon. S. Fraser: The member is right. The letters have gone out. We’re in the midst of that consultation process as we speak. That is happening right now.
E. Ross: The question was: is the referral going to be like…? You can send letters. You can have discussions. You can have meetings. But unless you have something really concrete to talk about in terms of the transaction itself, in terms of the land being transferred to the treaty nation, you can have talks forever. In fact, if a referral goes out, that means the government is actually serious about addressing the infringement of rights and title of the neighbouring bands.
That actually plays into a larger picture of the transaction or an accommodation of the neighbouring bands. But none of this can start unless the government actually sends out at a referral.
I know the letters went out. I know the meetings are taking place. That’s great. It’s been happening for a while. But there doesn’t seem to be anything driving this. I’ve always thought that a referral could be an official start of a negotiation like this, unless the government has a different plan on how to address this.
Hon. S. Fraser: I’m not entirely sure about the term “referral.” But the information has gone out to Lax Kw’alaams and Metlakatla, with the information about the Nasoga acquisition that is being proposed by Nisg̱a’a. This is a legal requirement. We are in the process of doing that right now.
E. Ross: The referral is basically the government’s official notice to the First Nation that they intend to entertain an activity that infringes a First Nation’s rights and title. I’ve been out of the game now for two years on the First Nations side, so maybe the government’s doing it differently, but a referral actually kick-starts the whole process, whether it be LNG, forestry or mining. That’s the official start of negotiations. The letters — yeah, that can happen anytime, anyplace, anywhere. But that’s not a formal process, especially when you talk about the honour of the Crown.
What I’m asking is that if there’s going to be no referral sent to the First Nations whose rights and title would be infringed here, is there another process the government’s considering to actually kick-start this process?
Hon. S. Fraser: Terminology confusion. Maybe on my part. What the member’s describing is exactly the process we’re in right now. That’s what’s happened. I would suggest that has actually begun. That was actually begun under the previous government. We’re in that process termed as referral, as described by the member. That’s exactly what we’re involved in right now.
E. Ross: The referral process has started with Nasoga Gulf, in terms of the land. So consultations and, possibly, accommodations — discussions are happening right now with the neighbouring bands. Is that correct?
Hon. S. Fraser: The consultation process right now is…. We’re assessing those asserted rights that have been brought to us. We’re assessing those now, which is part of that process. This is part of the consultation process. It’s what we’re doing right now. We’re assessing those rights that are being asserted.
E. Ross: Just to get right to the point: has a referral been sent to the neighbouring bands regarding the rights and title regarding the Nasoga Gulf? Not the letters. Not any emails on it. Has a referral been sent to the neighbouring bands regarding infringements of their rights and title in Nasoga Gulf?
Hon. S. Fraser: We have gone to Metlakatla and Lax Kw’alaams, asking them for what their interests are. It’s the process that began under the previous government. It continues now. We’re still receiving information from those nations. This is the legal requirement that we are going through as government, begun by the previous government.
The previous government sent out letters. If you want to call them referrals, that’s the same thing that we’ve done. We’ve continued that dialogue, that back-and-forth. Information’s coming in. We’re in the process of addressing that now.
E. Ross: Yeah, that’s basically what we characterize as pre-consultation. That gets all the information on the table in a non-pressurized environment. But the referral is something specific. So I’m going to assume, then, if you’re just continuing the previous government’s activity, there’s no referral sent. So there’s no real formal discussion regarding rights and title. If the government has a different process to resolve that, whether it be transactional or a relationship-building exercise, then I’ll take that as it is.
A different topic, here. It’s going to be a cross-ministry topic. But at the basis of it is an issue regarding my band’s ability to address capacity, poverty and employment, especially given the LNG proposal in Kitimat right now. It’s well underway.
Kitimat Valley Institute is a private post-sec institute that was actually going bankrupt when I was in council. In partnership with the local corporation there, our band actually bought 50 percent of this private post-sec institute with the intention of educating our people and getting them ready for the modernization of the smelter, as well as getting them ready for LNG.
Back at a time when we had no money and we were actually in a deficit of $3.5 million, it was hard to find funds to keep this facility alive. So three or four years later, about ten years ago, we gave them the mandate to be self-sufficient, which they’ve been struggling with.
They’ve now got a potential partnership to become a satellite campus of NVIT. Just wondering if the minister is aware of this proposal. Is there any intention of the government to actually entertain this and actually support them in terms of the efforts to become a satellite campus?
Hon. S. Fraser: I am aware. However, it is a question, detail-wise, to go to, I think, Advanced Education. We haven’t had any direct involvement.
E. Ross: I do understand that it’s an Advanced Education topic, but it is related to First Nations issues as well, directly. So I was hoping that…. If you see the Minister of Advanced Education, could you put some pressure on her and put a good word?
D. Ashton: We’re going to go to aquaculture if the minister is okay with that. How many Indigenous nations and workers are currently employed in the aquaculture industry on the coast?
Hon. S. Fraser: I do not have that information about how many Indigenous people are employed in aquaculture. I’m not sure. The Minister of Forests, Lands and Natural Resource Operations might know that, but I’m not sure who would know that. It’s not within our ministry.
D. Ashton: Have there been any discussions with interested First Nations about whether to lift the moratorium on new aquaculture tenures on the north coast or the moratorium on new aquaculture operations in the Discovery Islands region set to expire in 2020, if I remember correctly?
Hon. S. Fraser: This would be a question for FLNRORD. We do not have that information.
D. Ashton: Is the opening of any other aquaculture exclusion zones being discussed by First Nations in the province through your ministry at this time?
Hon. S. Fraser: Not through our ministry. Again, possibly through FLNRORD.
D. Ashton: Jump to the other side of the province. Columbia River renegotiation process with First Nations. Can the minister just give me an update on what is transpiring on that side of the equation, if he has it?
Hon. S. Fraser: On this one, the Minister of Children and Families is responsible for the Columbia River power. I’m not trying to be evasive here, but it does show that reconciliation is actually the responsibility of every minister in this government. We’re trying to break down those silos, and that’s happening. But I do not have the information. It is not housed with the Ministry of Indigenous Relations and Reconciliation.
D. Ashton: There’s no discussion at this point in time with your ministry with those? None whatsoever. Okay. Thank you.
Broughton model for tenure decision-making. Both the Premier and the Forests Minister have been clear that the Broughton model will be applied to tenure decision-making in the future. Can the minister expand on what this means?
Hon. S. Fraser: I was involved from the beginning in the invite to the big house by the chiefs in the Broughton. It was a unique situation that I’ve been involved in, a different way of dealing with things. Again, not a cookie-cutter approach.
I’m not familiar…. The member was just saying that the Premier had made commitments that this would be the model used in the future. To me, it’s been a success in the Broughton. The Broughton is a pretty unique situation. I’m not sure it applies to other situations in the province, but I would suggest that if there are other situations that might learn from the Broughton, certainly we would want to use what we’ve learned from the Broughton in those situations in the future, and other situations with tenuring maybe.
D. Ashton: How is the ministry involved in developing changes to tenure decision-making processes across other ministries? Are you working collaboratively with all the other ministries?
Hon. S. Fraser: We work cooperatively with all ministries in this government on reconciliation. That being said, some ministries have the capacity and have built their own relationships with nations on issues like tenuring and such, as it applies to them. In MIRR, we’re not always intimately involved in those, but we work it as across-government, generally.
D. Ashton: Decisions to relocate the Broughton area fish farms were not just a result of collaboration and respectful dialogue between the province and impacted First Nations and the companies. There was also background correspondence with the Minister of Agriculture and a decision of government to establish a deadline by which the agreements with the companies and the First Nations must be made. Otherwise, the aquacultural tenures may not or might not or will not be renewed.
Is this a direction on some of these issues that the province is going to continue? I, personally, just don’t want to refer to it as “the Broughton model,” but it, unfortunately, comes underneath what happened in that particular area. So is this a direction on how we might see tenures affected in the future along the coast, with companies and other people operating within those tenures?
Hon. S. Fraser: The Broughton process was a success, I believe, because all parties — the government, First Nations and industry — came together to find a solution. So I’m not sure you can apply that outside of this particular model, the Broughton model. The conflict in the Broughton and the strife that was caused — it’s decades old. I was very pleased with the results from the Broughton process — to actually bring that conflict to fruition and have an agreement between all parties that would work in the Broughton. But I don’t believe…. This was not designed as, again, a cookie-cutter for other processes that I’m aware of.
D. Ashton: Will changes to tenure decision-making processes in the future include First Nations–company agreement timelines, lest tenures be cancelled or not rewarded? I.e., will there be direction from First Nations directly, to say this must be or this shalt be or else?
Hon. S. Fraser: I’d say this agreement in the Broughton was agreeable to all parties. I don’t think you can apply it elsewhere. I just think it’s unique in that sense. I don’t know how to apply that elsewhere.
The Broughton has its own unique history and unique circumstances. In this case, all parties — First Nations, the industry and government — arrived at a solution. I think it’s kind of a specific thing for that. I don’t know if you could apply it elsewhere because of that.
D. Ashton: A follow-up to that is: will any changes to tenure decision-making be coming through legislative changes, then, and is there a timeline if that is to be brought forward?
Hon. S. Fraser: I guess any questions about what might happen with tenuring in the future would be best placed with the Minister of Forests, Lands and Natural Resource Operations. They’re responsible for tenuring and water leases and licences in the province. I just don’t have that information.
D. Ashton: Moving on to UNDRIP legislation. Having noted that at a First Nations gathering last year — I think late last year, it was — and from the Speech from the Throne also, the Premier announced that the province is committing to implementing UNDRIP in a formal piece of legislation. Does the minister know when that is going to take place?
Hon. S. Fraser: Thanks, Member, for the question. The fall is what we’ve committed to in the throne speech and the budget speech and, I believe, at the leadership gathering last November, as the member said.
D. Ashton: It’s my understanding…. The service plan states: “Jointly developed provincial legislation with the First Nations Leadership Council to establish the UN declaration as the foundation for provincial government–Indigenous relations and reconciliation in British Columbia. This includes alignment of provincial law and policy with the UN declaration and Indigenous rights.”
A question to the minister and the ministry. What is the minister’s definition of “alignment” with regards to provincial law and policies with UNDRIP?
[N. Simons in the chair.]
The Chair: Minister.
Hon. S. Fraser: Thank you, new hon. Chair. Welcome to the proceedings here.
The Chair: It’s a pleasure.
Hon. S. Fraser: The intent, if I may, to my critic — they’re asking good questions here — is to ensure that laws are respectful and reflective of the UN declaration, which is a human rights document, essentially.
D. Ashton: Can the minister provide examples of legislation, to date, in other ministries which show some alignment with the principles of UNDRIP at this time?
Hon. S. Fraser: I would suggest that the Haida Gwaii reconciliation agreement, actually signed by the previous government, would be an example here where you’ve got the First Nations, the Haida, given a significant role in the harvesting of the trees and the decision-making that happens there. The environmental assessment process that was recently revamped by the Minister of Environment in conjunction, in coordination, with the First Nations Leadership Council gives First Nations a role every step of the way in the environmental assessment process.
Those would be two examples, I think, one from the previous government and one from the current government, that would be reflective of the UN declaration.
D. Ashton: The service plan, as mentioned earlier, outlines the alignment of provincial law and policy with UNDRIP. Yet when looking at the performance measures and how that goal will be measured and implemented, it reads…. One piece says: “Legislation related to the declaration introduced by the fall of 2019.” “Legislation related to the declaration” seems to be fairly vague in definition. That seems to set the bar much lower than the stated alignment of provincial law and policy.
What constitutes the legislation related to the declaration? How does the minister reconcile what seem to be conflicting standards within the legislation?
Hon. S. Fraser: I’m not entirely sure how to answer that question. We haven’t drafted the legislation yet. Alignment — that’s yet to come. That would happen, I would assume — unless I’ve misunderstood the question — with the drafting of the actual legislation. And if I may, we are working closely with the First Nations Leadership Council to do that, to work on that legislation.
D. Ashton: Can British Columbians expect full alignment of all laws, policies and regulation by the fall of 2019? Or should they just be expecting the legislation of UNDRIP, so there would be a coordinated effort between all ministries to ensure that the implementation of UNDRIP will have that full umbrella over all the operations of government?
Hon. S. Fraser: The quick answer is no. There’s no expectation that laws will be changed by the fall of this year. This will be over time in the future. As time unfolds, we will be working with First Nations to bring into alignment. But there are a multitude of laws, of course, in the province, so there’s no expectation that that’s going to happen overnight, that’s for sure.
D. Ashton: Will this piece of legislation ensure the alignment of all provincial laws, though, now and into the future? As you stated, there would be a time frame of X amount of time into the future. But will all laws of the province be aligned under the UNDRIP resolution and legislation that is coming forward?
Hon. S. Fraser: The answer would be no, and that’s because many laws do not touch on rights and title issues, or reconciliation issues, for that matter.
D. Ashton: But those that do will be fully implemented with respect to UNDRIP, then, for those that do touch on rights and reconciliation?
Hon. S. Fraser: Again, we have not written the legislation yet, but it is anticipated that the legislation will identify laws that are not in sync with the UN declaration and that those will be identified as needed to be changed — and presumably a process to do so over time. But again, we have not drafted the legislation yet with the leadership council. That will be yet to come.
D. Ashton: I’m not trying to be…. So UNDRIP is coming in, in the fall in legislation and will be adopted, and then there are laws that are not going to line up with the UNDRIP legislation, and there will be a process over time to align those laws with UNDRIP. What transpires during that process as issues come up? How do we resolve the operations of government and the operations of private individuals in the province when we have legislation for UNDRIP but we don’t have laws that are aligned with it?
I’m just trying to look into that cloudy future myself. If the minister could help me see a little bit clearer into that, it would be greatly appreciated.
Hon. S. Fraser: There are hundreds and hundreds of pieces of legislation within government. The intention is that the UNDRIP legislation that we bring forward this fall will identify those places that we need to address and make changes. But again, this has not been drafted yet. I think I said before that legislation that is coming forward this fall will identify those laws. I misspoke, I believe. The legislation has not been drafted yet. I don’t know that we’ll identify any laws. But this will be over time.
I don’t see it as dissimilar to when things are changed in the human rights code. Those kinds of changes that are made, constitutional changes sometimes…. Over time, laws need to come into alignment with those changes because values have changed and we learn more. In my mind, that’s how I kind of equate this.
D. Ashton: There’s a lot of pent-up optimism with UNDRIP. I see it at home in my discussions, and I’m very sure the minister sees and hears about it a lot.
I would just hope that it would be sooner than later, because you know, there is uncertainty. I think there’s uncertainty with not only First Nations but others that reside in the province. I would just hope that as it gets put into the funnel, in my analogy, and tightens up and tightens up, time would be of the essence so that there is certainty for all in the province with regards to this legislation.
In linking the performance measures to objectives in this section of the service plan, it states: “Future performance measures to effectively measure government’s progress to implement the UN declaration will flow from mechanisms established as a result of the legislation.” Now, the minister has said that that legislation isn’t fully committed to and written at this point in time. What are the mechanisms that will be established as a result of the legislation? I guess that’s part of that balancing. Does the minister have ideas at this point in time that he could bring forth about that form of mechanisms that would be in place?
Hon. S. Fraser: We’re anticipating, with the legislation, to have a plan that would be incorporated with that for implementation, a reporting-out mechanism — some sort of accountability mechanism for that — so that we can chart progress, that sort of thing. I think that’s anticipated.
Hon. Chair, if I could ask you for a five-minute recess. Would that be all right with everyone?
The Chair: This committee will stand in recess for 5½ minutes.
The committee recessed from 3:12 p.m. to 3:22 p.m.
[N. Simons in the chair.]
D. Ashton: Just back to the UNDRIP, how much has been budgeted for the consultations for this proposed legislation? Who will be consulted during the process?
Hon. S. Fraser: Any outreach or communications and those sorts of things are part of our base budget. They’re not separated out. This work on UNDRIP….
I would note, though, that discussions are happening. If the member goes to the UBCM, there are discussions happening there. Many of the meetings that have been requested of me, as the minister, from communities across the province are to talk about the UNDRIP legislation, how they can utilize it and what they need to do in their communities to improve the relationships they have with the nations in their areas. Actually, industry has raised the issues with us too. So those discussions are happening.
Without the legislation in place, we don’t have the specifics to discuss yet. These things will be coming out as the legislation is being built.
D. Ashton: On that legislation…. What work is being done with the federal government to align any proposed UNDRIP legislation?
Also, do you think you have enough resources in the ministry at this point in time? This is a very big file, with a lot of input from all across the province — from various municipalities, regional districts and private citizens. I mean, it’s going to be…. There’s going to be a lot of consultation on this. I’m hoping that the ministry has enough funds and enough resources internally to handle what’s coming down the pipe early this fall.
Hon. S. Fraser: As the member knows, I’ve already said that we’re still developing this. The legislation, in the scope, is broad. The cost is still under discussion for how to roll this out. We will be engaging broadly. That is the plan. As we develop the legislation, we start putting meat on the bones of that.
Obviously, this will inform us of where we are with further development. We’ll know more about what we’ll need to move this thing forward. But until we actually have some meat on the bones of the legislation, it’s pretty…. It’s new legislation, so we’ll have to see how that unfolds.
We’re in the discussions now with the federal government — we have been for, well, almost two years — about what they’re doing. They’ve already got their legislation through the House of Commons. It’s in the Senate. I think it’s still in the Senate now. So at this point, the federal government can’t tell us how that process is going to work because they can’t predetermine how the Senate is going to work with this. I think it’s taking longer than they hoped, but that’s the Senate model, and there’s nothing they can do about it.
D. Ashton: Canada, with its distinct provinces and territories — the last thing I think we need is additional silos. So I would hope that as the legislation comes forward in British Columbia, there’s a lot of coordination and cooperation with the federal government to ensure a smooth transition. In my opinion, that’s what everybody would like to see: a smooth transition into this that’s fair and equitable for all. So I would just hope that there is a lot of dialogue.
Mr. Chair, at this time, I would just like to turn it over to one of my peers. If the minister is okay, I would like to come back to UNDRIP a little bit later, after his comments.
Interjection.
D. Ashton: No, please go ahead. Sorry, sir.
Hon. S. Fraser: I couldn’t agree more. We are working with the federal government closely to make sure that we’re in sync with them, that this will be compatible and in alignment, so that it will help bring more certainty and predictability to everyone in the province — and, presumably, in the country, with the federal legislation too.
D. Barnett: I have a few questions. We’ve had a couple meetings on some of the issues, and many questions have not been answered.
The first question that I would like to ask the minister is back to the Deni accord and the issues surrounding the Chilko River — the title area with the operators in there who have no agreements. I’ve got a guide-outfitter or two that cannot go to work because there’s no interim agreement signed with the province and the First Nations in the title area.
I would like to know: is there going to be compensation for these people? Where is it at? There have been appraisals done for resorts, and nobody has heard anything. So, Minister, I’d like to know how much money is put aside for compensation to help these people out, and when will there be some consultation with the operators, with the guide-outfitters so that we can have some certainty.
Hon. S. Fraser: Thanks to the member for the question.
Yes, we have met a number of times, between myself and her and her colleagues, and also many more meetings with staff. I’d also like to remind the member that this accord was signed by the previous government, and we are continuing to work under that accord. This came from a court decision that was not something that we brought in.
Court decisions are often a very blunt instrument. In this case it was and, of course, the first time in Canada that it has designated title to a nation. But we continue to work with the Tsilhqot’in to bring clarity on bridging agreements that are in place, for the operators. That’s ongoing. Discussions have been happening with senior staff and those affected in the region. All that work is ongoing.
D. Barnett: Thank you, Minister. I know that. I know where the Deni accord came from. I know the issues out there. I work with my constituents continuously. What we would like… I know our side of the table put the Deni accord together. It was necessary because of the federal government court decision, etc. But all aside now, you are the government and we need to have this resolved.
People are losing their homes; they’re losing their jobs. Their families are dysfunctional because they can’t go to work. They don’t know what’s going to happen tomorrow because of these bridging agreements. Other agreements that we were working on — yes, you took them over — for these resort operators…. And now the Chilko River is under discussion. They say it belongs to federal government jurisdiction. There may be no fishing out there. Things are not getting any better, Minister.
I was out there last week at a public meeting, with the people who are furious. They’re furious because there’s no consultation with the public about anything that is going on. I’m asking you to please get these things resolved so that we can all work together and feed our families and carry on. My question is: when will decisions be made? When will the bridging agreements all be signed, so these people can go to work to feed their families?
Hon. S. Fraser: I appreciate the concerns raised by the member, and I share those concerns. This is a very complex situation that we did not choose to bring us to. This obviously happened under the previous government. We have been working very hard. We’ve had an unprecedented amount of public engagement in the area with individuals, with groups.
The solutions are not simple. The fact that we have not arrived at solutions yet does not mean we’re not working very hard to do so. This is unprecedented. This has not happened before in Canada. I would suggest it goes to show why we need to work to arrive at agreements with nations rather than wait for the courts to use the blunt instrument that they are.
We are doing everything we can in a very complex situation, and we’ll continue to work with the member opposite. We’re hopeful that we will be able to address these situations. That is ongoing as we speak.
D. Barnett: Minister, I know you’re working hard, but we need to get this done. I know when it started. I’ve been through it. It started back in the 1990s, with this land issue in the Chilcotin and with First Nations.
We know we all have to work together, and we want to work together. But we have to get agreements signed so that people can carry on with their livelihoods and feed their families.
I know how many meetings are happening. People keep in touch with me all the time. I know what’s going on, and we have to have it resolved. We cannot keep cancelling or postponing. We need to put in every effort we can to resolve these issues because, Minister, they’re only going to get worse if we don’t do that, as you have said.
I also would like to know…. The people out in the Chilcotin are very upset because there have been no public consultations on anything. The last public consultation meeting we had was about two years ago, when the staff from your ministry, under the last minister…. I believe it was Minister Rustad.
The staff went out and put meetings on throughout the whole Chilcotin, Highway 20, and spoke to the public out there and basically gave them some comfort. They’ve been asking for meetings, and they’re going to continuously be writing letters to you. I met with them last week.
The Chair: Member, I would just remind you, first, you’re not allowed to use names of ministers. The second thing is when you say “you,” you’re talking to me, as the Chair. So you’re asking me the questions.
D. Barnett: Sorry. Yes, sir. Okay.
Minister, thank you very much. I will take the message back that I got here today on this topic.
I have another question, if I may, through you, Mr. Chair, to the minister on the Northern Secwepemc treaty negotiations and the ranching community.
I have ranchers who still are very upset. They do not know what their future is going to hold. I would like to know where the ranching community sits. When the negotiations for the rangers who are affected by the AIP and the treaty negotiations…. When will this be settled with the ranching community?
Hon. S. Fraser: Thanks to the member for the question. Our treaty team is working on the ground with the ranching community. This is literally kitchen table — roll up the sleeves at kitchen tables. That’s literally what’s happening right now. We’re looking to find resolution there, and we’re doing it on an almost person-to-person basis. So that work is underway right now.
D. Barnett: Thank you, Minister. That’s not what I’m getting, so I can only come here and tell you what I get questioned on.
I have another question on the UNDRIP question. In listening to my colleague here and the questions that my colleague asked you, will there be public consultation and public input when this legislation is being drawn up, or will you be downloading this to local governments and expecting local governments to deliver the message?
Hon. S. Fraser: Thanks to the member for the question. There will be no download. We’ll be working closely with local governments, with stakeholders, with industry, with the people of the province as we build the legislation.
D. Barnett: Minister, could you tell me approximately what period of time this will take and what the budget is for this process?
Hon. S. Fraser: I know the member wasn’t there. We canvassed this earlier. Right now we’re working with our base budget. We had this built in. It was part of my mandate letter, so it’s within the budget, but it’s not identified as a specific line item. The timeline for this is we’ve committed to having legislation in place by the fall, so arguably October or November would be the timeline for that.
D. Barnett: Could you tell me when you’re going to start your public consultation?
Hon. S. Fraser: We are just starting to develop the legislation now. We’ve been working on it for a while, but the drafting actually has not started yet. That’s ongoing. We need to have some of that in place before we start getting involved in any consultation process. That plan will unfold over the coming months.
D. Barnett: Thank you, minister. I hope it’s going to be a very lengthy public engagement. I think we learned something with the caribou issue. I’m looking forward to lots of public engagement, particularly in the Cariboo-Chilcotin, where this is an issue that’s very, very strong with all people within the Cariboo-Chilcotin, as you know.
I have another question. Yesterday there was a news release by the Gitxsan hereditary chiefs prohibiting all recreational and sport fishing in 2019. I understand, from reading this document, that the province is involved in this. To the minister: could you please explain the provincial government’s involvement? Was this done with the Gitxsan behind closed doors?
They also mention the federal government. When did this process start, and what was the provincial government’s engagement in it? I have a couple of other questions after that.
Hon. S. Fraser: Thank you to the member for the question. We have not been involved in that. It looks like it’s a federal lead, so it’d be DFO, I think.
D. Barnett: The question I have on this is, basically, does the province still provide the licensing and collect the fees for people to fish in that region? If so, how will people be notified, etc.? For those that have bought licences, what will happen to those licences?
Hon. S. Fraser: As the member would know, if it’s dealing with salmon, it would be a federal lead involvement. If it’s freshwater fisheries, it would be FLNRORD. But in the Ministry of Indigenous Relations and Reconciliation, I don’t have any further information on it.
D. Ashton: If we can go back to UNDRIP: “free, prior and informed consent.” According to the Attorney General during estimates in 2018 — and I would like to quote: “I can tell the member that the section 35 jurisprudence is informing, very much, our understanding of sections 18, 19 and 23 of UNDRIP.” Does the minister agree that section 35 jurisprudence ultimately shapes the interpretation of “free, prior and informed consent”?
Hon. S. Fraser: As we implement free, prior and informed consent, within the UN declaration on the rights of Indigenous peoples, it would be within the context of section 35.
D. Ashton: Would the minister agree that the government’s new Environmental Assessment Act, introduced last fall, directly supports the full implementation of UNDRIP?
Hon. S. Fraser: I would say to the member that the environmental assessment process, the changes that were made and that were brought in through the Legislature were a step forward and a demonstration of bringing laws in keeping with the spirit and intent of UNDRIP.
D. Ashton: In the new Environmental Assessment Act, the ultimate decision-making authority when determining if a project receives a certificate remains with the Crown.
In fact, the ultimate decision of the ministers on an environmental assessment does not have to align with participating nations’ consent or lack thereof. When the ministers disagree with consent being provided by First Nations, they merely have to provide the reasons for their decision to the contrary to satisfy the requirements of the environmental assessment legislation.
How does this provide participating First Nations with the ability to consent in the traditional understanding of the term of “consent”?
Hon. S. Fraser: I’m not trying to duck this, but this is an issue, largely, for the Minister of Environment. He’s the expert on the changes that were made. He worked closely with the leadership council to develop this new type of environmental assessment process.
The member referred to the consent issue, but I must say this is about the free, prior and informed part of consent. Throughout the entire environmental assessment process — right from the application process, right from the get-go — First Nations have involvement directly in every process, every step of the way. This is developing the free, prior and informed part towards consent. It’s building consent by providing free, prior and informed. That would be my interpretation of it.
It does allow for projects that are good projects to potentially go faster, move forward quickly, as they are supported from the very beginning with First Nations. It allows the proponents to also get a heads-up early on if there are issues that are going to be coming forward from First Nations around the project. So a chance for them to deal with them early on too. It’s sort of a win-win situation. But it’s very much in keeping with the spirit and intent of the UN declaration. It’s done, of course, prior to our legislation being brought forward.
D. Ashton: Thanks to the minister. Will the UNDRIP legislation expected this fall define the concept of consent in the same way it seems to be applied at this point in time in the Environmental Assessment Act?
Hon. S. Fraser: I’m not trying to duck this, and I don’t want to sound stale here, but we’re still developing the legislation. So I can’t speak to it as…. We are doing this in partnership with First Nations, so I can’t speak unilaterally about what or what not it will be. We have more work to do before I could answer those questions.
D. Ashton: Well, consent has got seven letters in it. They’re going to be pretty important letters in whatever ministry it arrives in, so I would just hope that there is that continuation of work, not only with First Nations but also with the government, to ensure that we all understand what consent is going to be.
Will this piece of legislation be developed within and implemented through your ministry, Minister, or will it be another ministry, in regards to UNDRIP? Who will be facilitating it? Will it be your ministry, or will it come from another ministry?
Hon. S. Fraser: Sorry, I missed the question. I had to ask what it was. But yes, this would be my piece of legislation. This would be coming forward this fall.
I’d just like to also further add that UNDRIP is more than free, prior and informed consent. You need to take UNDRIP as a more holistic document. I know the member gets that, but it’s easy to zero in on things. And it’s been done many times. It’s a compendium of articles, 46 articles, that make up the UNDRIP. So it’s much more than just free, prior and informed consent.
D. Ashton: I concur wholeheartedly, but as we all know, it’s those little pebbles, sometimes, that we trip over that really make the big ripples in the water — not just those bigger issues. This is one that I would just hope that we all have a good understanding of what has to transpire to get to consent.
If it’s okay with the minister, I would like to switch over to the pipeline corridor at this point in time. My first question is: can the minister tell us how many First Nation groups are actively engaged in litigation around the Trans Mountain pipeline?
Hon. S. Fraser: This is actually a federal project. It’s federally regulated. So I just do not have that information, I’m afraid.
D. Ashton: Well, could the minister tell us how many groups along the pipeline corridor have signed mutual beneficial agreements then? Would you have that?
Hon. S. Fraser: There are no mutual benefit agreements between First Nations and the province on this project. There are, I guess, with the federal government and/or the proponent, but again, they’re not within our purview.
D. Ashton: Can the minister list for us the nations who have signed on to the agreements, though? Do you know of the nations that have signed on, whether it’s with Kinder Morgan or whether it’s with the federal government?
Hon. S. Fraser: No, I’m afraid we do not have that information, since it’s not through the provincial government. I’m just not aware of that.
D. Ashton: Since the pipeline is going to be in British Columbia, does the minister know what procurement or agreements or practices are going to be in place for First Nations along that corridor? Construction is taking place. How are First Nations going to be able to participate in the construction? Do we have any idea of that?
Hon. S. Fraser: These are questions for the federal government. They own the pipeline, and they are the regulators. They have full control and knowledge of this. We haven’t been dealing with this at all.
D. Ashton: Does the minister know, then, through one of his peers in other ministries, about training and education funding that has been provided to First Nations in regards to this?
Hon. S. Fraser: I don’t know if I can speak for cross-government, but I think I can provincially here. I don’t think there are any training dollars going into this project from the province.
Again, these would be questions that would be under the umbrella of the federal government. We do not have any involvement here.
D. Ashton: Has the minister heard from any of the groups of First Nations along the British Columbia portion of the pipeline in his various discussions, their favouritism towards it? I am not — I repeat this — trying to put the minister in a corner. I’m just curious. Has the minister heard yea or nay from many of the First Nations along the route?
Hon. S. Fraser: I’m trying to rack my mind here. I’ve never had any explicit meetings involving TMX at all as minister. I can’t say that it may have come up, wouldn’t have come up, just in side conversation. But I haven’t been specifically…. No one has asked for a meeting about it. My answer would be no.
D. Ashton: Has the minister, in his discussions in his ministry — because of, at this point in time, government’s stated opposition to this line — realized or had discussions with First Nations that the court may be a recourse for these First Nations and the actions of the government? Have there been any discussions within the ministry, with First Nations that are involved along the pipeline, about the government’s adversity — I guess that’s probably the best word — to this pipeline? Are you aware of any?
Hon. S. Fraser: The answer would be no.
D. Davies: Thank you, Minister, for allowing me the time to ask a few questions.
Just around the Supreme Court ruling on the Métis rights, I’m just wondering how the province is dealing with these. Have they adopted everything the same as the federal government? Are there specific pieces?
The reason I’m asking is the Fort St. John Métis Society has applied for a discretionary direct award on a forest licence up in the northeast, which, under section 47.3 of the Forest Act, allows First Nations to apply for this.
That being said, they are kind of getting the runaround to say that they don’t fit under the category. I’m just wondering if you have any information on that.
Hon. S. Fraser: Thanks for the question. Just for clarification, are you referring to the Daniels decision? You mentioned a federal decision.
D. Davies: Yes.
Hon. S. Fraser: I can’t actually answer the question. I think he’d be best served asking that from the Minister of Forests, Lands and Natural Resource Operations, because that would be where an application would come forward, I think.
D. Davies: I appreciate that. We did. Or they did. Then they came to me saying that the Métis were not recognized under section 47.3. My question was, then, to government: how has government adopted the Daniels case on recognizing Métis rights? It sounds like, in forest practices, they don’t recognize them as First Nations because they don’t qualify under section 47.3. That was from the Minister of Forests and Lands.
I’m just wondering if legislation hasn’t caught up to it yet or if things are still being talked about or if you, as the minister, can talk to the other minister and maybe make some magic.
Hon. S. Fraser: This has not come up to me before. As you know, the previous government had an accord with Métis Nation B.C. We have renewed that accord. We’ve built on that accord, too, as governments being a continuing body have.
In all of my meetings with them, this issue has never come up. It may have with the Minister of Forests, Lands and Natural Resource Operations, but it has not been an issue that has been raised by the Métis Nation B.C. through the accord or otherwise.
D. Davies: Thank you, Minister. Maybe what I’ll do, then…. Again, the Fort St. John Métis Society has been dealing with FLNRO because it’s applying for a forest licence. So what I’ll maybe do is I’ll have them…. Or myself, I’ll write you a letter and cc the Forests Minister as well, and hopefully, we can get some resolve on the issue.
Hon. S. Fraser: Please. Thank you.
D. Davies: Regarding the treaty land entitlement in the northeast, you’re very aware. I’ve written you before on the Charlie Lake lands and the lands at the Mile 63½ subdivision. Both of those decisions are in front of a statutory decision-maker right now.
It’s been 18 months, which is unheard of. I don’t think ever in the history it’s taken this long for a decision to be made by a statutory decision-maker. When can we expect a decision on these two lands?
Hon. S. Fraser: Thanks to the member for…. I’m very familiar with the issue. So 18 months. I thought it was even longer, but yeah, you’re probably right.
We, as in our ministry, made the application originally. The statutory decision–maker…. They’re their own authority, and we have no authority over them. Neither does the Minister of Lands or anyone else. I agree with you. I can’t recall a time where it has taken this long, but I have no information, and we have no influence, nor should we, on the independence of the statutory decision–maker.
D. Davies: I will take that back to them. Like I say, it is bizarre that it’s been this long. As the minister can imagine, there are a lot of people questioning, and there’s a lot of uncertainty that has been placed in this about this issue.
Cameron Lake Outdoor Education Centre, for school district 60. I understand there has been some movement on it. I think it’s West Moberly First Nation has….
Interjection.
D. Davies: Yes, right. Thank you.
They’ve had a 30-year lease with Forests, Lands and Natural Resources, with the ministry — a $1-a-year lease for the land. There’s been $1 million invested by the school district on that property.
There seems to be now…. I believe it was identified under the TLE process by West Moberly. Those lands, the Cameron Lake lands — the lease expired last January, in 2018. It has not been signed, and there’s, again, a lot of uncertainty. Of course, the school district, being a local government, investing taxpayers’ money in this land, has significant and valid concerns around these lands.
Now, we understand there might be something happening, but we don’t really know what’s going to be happening or what it’s going to look like. We do have a meeting, I think next week, with some staff, but I’m wondering if you can shed some light on what is going on with that issue.
Hon. S. Fraser: Thank you for the question. Indeed, the land has been selected as part of the TLE. I think that’s public knowledge and has been for a while. As for the status of the land in the lease, that is through FLNRORD, so I don’t have the information there. Our ministry is working with the West Moberly and with the school district, also, to address the uses of that land, but I don’t know the status of the lease at this point.
D. Davies: Unfortunately, it hasn’t been selected for a while. Or maybe it has been, but the school district just found out about it. They’ve been asking why it has taken so long to renew their lease, and I’ve just recently found out that it was indeed selected for a TLE. So that is one of the concerns that the school district is having.
After asking and sending multiple letters to FLNRO, FLNRORD — whatever they are this week — to finally…. I think it was just this January, a year later, that it was discovered that there was indeed a TLE, a selection, on it by West Moberly.
Again, it goes back to transparency, and I think people need to know. So what I’ll do is, if the minister can maybe follow up…. Certainly, these will be questions. We have a meeting next Wednesday, I believe, with both MIRR as well as FLNRORD and myself and some school district people. Hopefully, we can get all these answers there. I’m seeing some staff nodding assurances of some sort.
Did the minister want to respond?
Hon. S. Fraser: Thanks to the member for that. Yes, we’ll follow up before that. What was the time of the meeting? Was that Wednesday? We will follow up before then.
The Chair: Through the Chair.
Hon. S. Fraser: We will follow up with the member on this before his meeting date.
D. Davies: Thank you to the minister for that, and I look forward to hearing on it.
Kind of connected to…. Again, still on the TLE. Local governments have concerns around some of the TLEs, especially the ones that are within the municipality boundaries. Again, communication seems to be missing. I can think of Hudson’s Hope being one of the communities where there have been selections of land within the boundary. I’m just wondering what plans are there for improving communications with local governments.
Hon. S. Fraser: We are talking with local governments in the region on this all the time. If there is another or better way to consult and work with the local governments, I would be happy to hear it. But that is going on and has been going on. So that’s been a work in progress. We will continue. Again, if the member has a better way of communications, I’d be happy to hear it.
D. Davies: I think some of it goes back to when it was initially discovered that there were some of the selections finding out through other means as opposed to through government. I believe that there probably have been improvements over the last little while. It was just something that I did want to bring to attention to make sure that we are continuing to improve communication.
With that being said, as well, the stakeholders group, which you are aware of…. I think it’s now headed by Andy Ackerman and Jim Little, two folks that have invested a significant amount of time in looking at some of these issues. They’ve been asking, I guess, for awhile now, for some large-scale maps on all of the TLEs up in the northeast. We haven’t got any of that yet. The only way, from the sounds of it, is from a lot of the work that Jim Little is doing — by investigating and going through the government websites, finding the TLE selections.
Is there a map that can be shared with us that has all of the identified selections on it that I can take back?
Hon. S. Fraser: Thanks to the member. We’d be happy to share available information through the northeast round table, which is the process that’s been set up. As you know, before then, there was an urban systems process that occurred before that. Currently, there’s the northeast round table, so we can share the information through that. It’s the one that’s been established in the region.
The member should know that these issues are live. They’re subject to change, so none of these are etched in stone. It’s a dynamic process; let’s put it that way.
We’d be happy to share any of that information directly through the northeast round table.
D. Davies: I appreciate that. I know that the northeast round table is a new creation recently. I appreciate you sharing the maps and such with them.
I’m just curious. Will they be posted somewhere on line? Or will these just be shared in a hard copy to the round table?
Hon. S. Fraser: We haven’t been putting these on line because they have been changing and they are going change. That’s why we set up the northeast round table, so that there is a forum and the latest versions of whatever can be there. They change. They are changing. Nothing is set yet.
D. Davies: One of the other questions I had, too, was about West Moberly, so those TLEs. I imagine that those would then be coming in short order to the round table as well?
Hon. S. Fraser: The answer is yes.
D. Davies: Thank you, Minister. I certainly look forward to seeing those as well, when they become available.
One other thing. Again, a lot of the information…. I’ve been working closely with Jim Little and Andy Ackerman on this. They’ve done a lot of work — going through the different maps and everything else.
One thing that has been found, and it is quite interesting. I’m wondering if the reason for it…. West Moberly has basically identified a park in the South Peace called Hole-in-the-Wall. Of course, it already has a status on it. So we’re just wondering what the plan is. Is that an error?
Hon. S. Fraser: On the Hole-in-the-Wall Park issue that he’s referring to, our staff are meeting with local government on that tomorrow. So I actually don’t have any detailed information on that. It would be available through the northeast round table. Suffice to say, though, that there’s a meeting on this tomorrow at local government level.
D. Davies: Again, it has raised some concerns, and it’s very curious — being already something that’s designated as a provincial park. So we’ll look forward to hearing the answer on that one as well.
I guess, just to kind of summarize…. You know, some of these questions have been stumbled on as the stakeholder group has been doing work. There have been a lot of parallels with the caribou issue, when we come to transparency, when we come to dealing with stakeholders. Again, the idea behind the northeast round table is good, but there is still a disharmony between our Indigenous groups and the non-Indigenous groups. We feel that a lot of this is coming from the transparency of it, right from the get-go, going way back. So I implore government to do everything in its power to meaningfully engage all stakeholders as this process unfolds.
Most people understand the process. I’ll give a shout-out to Doig First Nation, who did an incredible job on public engagement around their treaty land entitlement process. They had an open house, and it was absolutely full. People get it. But people want to be part of and have that meaningful engagement piece.
Again, I implore your ministry to make sure that everything is being done, that every angle that you can improve on will be taken to make sure that people aren’t feeling like they were, again, with the caribou issue. That’s exactly how that blew up. It was because people felt that they were not being included. Well, they weren’t being included. We don’t want to make…. This is going down that same…. That is my closing remark, if you want to give a statement on that as well.
Hon. S. Fraser: Again, thanks for that line of questioning from the member. I know he’s passionate about these things, and I appreciate that.
Transparency is important. It is why we began the Urban Systems process that’s now morphed into the northeast round table. It’s why there are meetings with local government tomorrow. So we are trying to improve on this. Since we’ve been in government, we’ve been trying to make these incremental improvements in the northeast, certainly, and in other parts of the province as well.
I know the member will join me in…. There’s been some raising of the unacceptable nature of some of the stuff that’s come on line. I understand when people have a lack of information and they paint some of the worst pictures, but some of the stuff that’s happening on line is unacceptable — targeted at First Nations in the region. I think we all have to stand together against that, and I know the member will join me in that.
We need to work together to make sure we have the processes in place so that people are confident of what’s happening and have knowledge of what’s happening. We also have to stand up against those few people that have taken the time, on line, to actually be quite hateful. There should be no excuse for that.
I thank the member, again, for the questions. I’d be happy to work with him and continue to work with him on these issues and others.
I. Paton: A bit of a history lesson. I generally bring this up in Agriculture, but I think it’s appropriate to bring it up today in this ministry. The history of Brunswick Point, in Delta, goes back to 1968, when a former government, the Social Cred government, expropriated 4,000 acres of farmland in the south part of Delta when there was the building of the Deltaport terminal to export coal.
The idea back then was to expropriate 4,000 acres of farmland for future use, for industrial development around the port. The port since then has grown to take on container movement and coal exports as well.
Let’s back up a bit. Several years ago, after many years of pleading with the government to sell back the expropriated farmlands to the original farm families that they were expropriated from, quite a bit of that was done. The only piece that was held back was called Brunswick Point. It’s kind of a triangular-shaped piece of the most prime agricultural land in B.C. It’s right next to the Tsawwassen ferry terminal — to the coal port called Canoe Pass. It’s a little corner of the Fraser River that comes out by Westham Island.
To continue my explanation, Tsawwassen First Nations completed their treaty and have carried on now with some economic development on their property — a mall, some housing developments. But this Brunswick Point, which is roughly 600 acres of prime agricultural land, is still sitting in the hands of the provincial government. Yet the original farm families are still living on that land and farming it, with leaseback from the government — the Swenson family, the McKim family, the Montgomerys, the Gilmores, etc. They’ve never been given the opportunity to purchase their land back.
One of the other problems is that it’s all hung up in court. Perhaps some of your staff can give me an explanation of what’s happening with that piece of land and what’s happening in the court case taking place. I think, with the future of that land, not only would TFN — and possible first right of refusal to purchase that land back from the Crown…. And another band that’s not officially a band — it’s the Wilson family, that go by Hwlitsum. They’re an old Ladner family. They have launched a court battle to try and claim that land back for themselves. It’s a very complicated situation.
Finally, this is some of the most prime migratory resting area in British Columbia — next to Westham Island, the Reifel Bird Sanctuary — where, environmentally, it’s very important for agriculture but also for wildlife and waterfowl.
Our concern in Delta is that this land may be given, one day, back from the Crown to either Tsawwassen First Nations to continue on with their economic development, which would be horrifying in my estimation — to see any more warehouses go up on class 1 farmland. Or could the Hwlitsum band, which has launched legal action against this…? I know it’s a very long, complicated question.
Hon. S. Fraser: No, it’s fascinating.
I. Paton: I’m just wondering if you guys could bring me up to date on what’s happening with it, because if you google the Hwlitsum band, there’s court action and all sorts of things over this 600 acres of Brunswick Point in Delta.
Hon. S. Fraser: Thanks to the member for Delta South for raising this. I had not heard of this, any details on this, before. We are at a little bit of a loss for any details for the member opposite.
There are, apparently, two court cases fettering this right now. I don’t know the details on that either, which almost makes it a…. It’s out of our hands, certainly. The hands it is probably most in are the Minister of Agriculture’s, as it’s still under the ALR. That’s my understanding. I can commit to the member to try to work with her, the Minister of Agriculture, and try to get some information for him. I would be happy to try to do that.
I. Paton: Thank you, Minister, for that response. I know it’s kind of a complicated subject, and it’s been going on for a long time.
Actually, part of the 4,000 expropriated acres…. When the treaty took place with Tsawwassen First Nations, some of that land was actually given to Tsawwassen First Nations as agricultural land, which is part of their project. It was part of their project. So as that went forward, part of that agricultural land is now being used by Tsawwassen First Nations as part of their treaty.
I’m speaking on behalf of the farming community, and that’s sort of my role as Agriculture critic. It’s to try and save this Brunswick Point from any sort of economic development, by either the Hwlitsum band, which is fighting for it, and perhaps Tsawwassen First Nations, who are fighting for it. And then you can throw in Musqueam, who have got some land nearby too.
It’s very important that I would ask you to speak with the Ministry of Agriculture and the Ministry of Environment just to let them realize how important this piece of class 1 agricultural land is, not only to migrating waterfowl but to the farming industry in British Columbia. We certainly don’t need it to go back into any sort of economic development. I think there’s enough of it out there now with the housing development and the industrial warehousing taking place on TFN.
The Hwlitsum band…. I went to high school with lots of the Wilson family, which have sort of tried to reform a band. They’ve even laid claim — if you look at that news releases in the Vancouver Sun — to Stanley Park and different things like that. It’s got a long history to it, and I don’t think it’s going to get settled anytime soon.
If you could please just pass on the concerns of the Delta farming community — that this Brunswick Point is very important and that we keep it in agriculture and not let it go back as part of the Hwlitsum band claims or the Tsawwassen First Nations.
D. Ashton: Just before I go back to some questions, I want to thank the minister personally. At our last meeting, we had the opportunity…. This book was given to me not only by him but also his staff in the office. What a terrific book. Horrific, in a lot of ways, especially when you read the personal stories in here.
I would just ask the minister and his staff — and also the Minister of Mental Health, who is in the room — that if there is an opportunity to go through some of these things and lend a helping hand anywhere, I know that it would be greatly appreciated by many.
It’s one of those things that you can only stretch things so far, and I fully comprehend that, but there are opportunities in this book that it wouldn’t take a lot of resources and maybe just a little bit more of a helping hand that could make a real difference. Just a statement more than a question, Minister.
The Chair: Member, would you like to mention the name of the book?
D. Ashton: May I? It’s Red Women Rising. I think it was created by the Downtown Eastside Women’s Centre, if I’m correct. It is a phenomenal read. If anybody has the opportunity, I strongly suggest it. Unfortunately, it’s one of those books that when you start reading it, you can’t put it down. That would be greatly appreciated, if at all possible.
Back to an area that I know there is some interest in provincially. On February 7, 2019, the government’s statement from the Office of the Premier, from the minister’s office and the Office of the Wet’suwet’en went out, beginning the process for government-to-government advancement on reconciliation. We had talked a little bit earlier about the member of parliament that has been tasked with providing the mediation and the legal expertise in these efforts. It was presented by another member.
I just want to confirm. Mr. Rankin is only being compensated at this time in the budget of the ministry for his outgoing costs. He is not being compensated personally through yourself for additional compensation.
Hon. S. Fraser: Yes, that is correct.
D. Ashton: Will the province be providing any funding to facilitate these reconciliation meetings or any other ceremonial gatherings that, hopefully, will be taking place?
Hon. S. Fraser: Yes, we have provided $1 million towards this process.
D. Ashton: Has either the B.C. government or the Wet’suwet’en hereditary chiefs developed a set of goals for achievement through these efforts? And are these goals mutual?
Hon. S. Fraser: We are still in the exploratory phase, I would say, at this point in time. Only two meetings have been subsequent to the smoke feast that happened a number of weeks ago.
D. Ashton: Can the minister explain how these efforts would differ from engagement efforts that have taken place in the past, if he has that?
Hon. S. Fraser: I’m not familiar with anything that might have happened previously between government and the hereditary chiefs in the Office of the Wet’suwet’en. But since I’ve been minister, I visited the territory in May of last year. A return visit was with the Premier, and we just met and listened for a number of hours to the hereditary chiefs as they started the process of informing us of their role and educating us about that.
This process would be building…. The subsequent agreement that we have arrived at to proceed to work on a government-to-government relationship was kicked off by the smoke feast and providing the resources and enlisting Mr. Rankin. All of that subsequent to that…. I would say each one has built on the one before. This would be unique, I suggest, certainly in any of our involvement with the Wet’suwet’en hereditary chiefs, the Office of the Wet’suwet’en.
D. Ashton: Thank you to the minister for that answer.
Will elected First Nations chiefs or representatives of the community be present, that the minister might know of, in any ongoing and upcoming meetings?
Hon. S. Fraser: For the record, I have, of course, also met with the elected representatives. They also were present. A number of elected were also invited and present at the smoke feast.
This is about unity building. The process with Mr. Rankin is with the hereditary chiefs. That being said, this is our hope — that this is about unity and building unity. I think I’ve heard that across the board. I think that’s the hope by all. We’ll see how this progresses, but my hope is that we’re not doing this in isolation. At this point, this relationship building is with the hereditary chiefs.
The Chair: The committee will stand recessed for six minutes.
The committee recessed from 5:01 p.m. to 5:12 p.m.
[S. Malcolmson in the chair.]
The Chair: We are reconvening. This is the estimates debate for the Ministry of Indigenous Relations and Reconciliation. I believe we are going now to the member for Penticton.
D. Ashton: Thank you, Madam Chair. It’s nice to see you in the chair.
Just to continue the line of questioning from right before the break, does the province expect to discuss issues regarding overlapping jurisdiction on the land base? With the Wet’suwet’en bands, the jurisdictional overlaps that are there, does the province have plans for a discussion on that, and will that be a reportable occurrence?
Hon. S. Fraser: I’d just like clarification. I’m just wondering if the member is referring to overlaps on the land with other nations, or is he referring to within the governance within the nations?
D. Ashton: To throw a real curve at the minister, I’ll say both, because I know there are some perceived jurisdictional issues.
Hon. S. Fraser: As the member knows, these are very early days in our discussions with Wet’suwet’en Hereditary, the Office of the Wet’suwet’en. We do not want to predetermine anything at this point. We’re going to be asking a lot of questions as we start out, as part of this process. But I will commit to the member that as we proceed and we get information, we will be transparent about that.
D. Ashton: Thanks to the minister. I’ll rephrase another question then, since it is — and the minister has pointed it out on several occasions — fairly early in these discussions. Does the minister have any adversity to raising the issues regarding the Unist’ot’en Camp as this discussion process goes forward?
Hon. S. Fraser: Thanks to the member for the question.
As I pointed out before, this relationship-building process that we’ve embarked on with the Office of the Wet’suwet’en is not based on any specific project. That being said, in reflecting on the way the member phrased the question — “adversity” — I would have no adversity if the Wet’suwet’en raised the issue. It’s wide open. We’re not being prescriptive here.
D. Ashton: In a follow-up to that, then, is the minister and/or the individual, the Member of Parliament that’s been hired to help facilitate some of these ongoing discussions…? Will there be an opportunity for Coastal GasLink or any of the other project proponents to be invited and also be privy and/or part of these ongoing discussions in the future?
Hon. S. Fraser: I don’t anticipate that. I don’t want to predetermine anything, but I have no expectation that there’ll be…. This process has not been set up to facilitate anything dealing with any particular project. It’s hard to predict the future, but that would be my position right now.
D. Ashton: As we all know, these discussions are always, always, always better when everybody is in the room at some point in the future. I understand there is a process, but I would really hope that everybody that has ideas for the area has the opportunity to speak — and speak amongst themselves. It’s the old adage: if you can get everybody in the room, when it’s appropriate, then those things can be fettered out. I just hope that that opportunity presents itself.
I would like to take this away from…. I’ll phrase my comments around ministry/minister because I don’t want to put the onus entirely on the minister. How does the ministry/minister, at this point in time, define the concept of “title”?
Hon. S. Fraser: As the previous member had raised, the issue of title is a concept that has…. It’s a difficult one to define. I think there are different interpretations of that. The courts have certainly guided us to reconcile issues of title. Certainly, the Tsilhqot’in decision that affirmed that title exists in the province — intuitively, I’ve never doubted that. I didn’t believe in the doctrine of discovery — that, suddenly, Europeans had landed and that there was no one here before that. That concept, I think, is somewhat flawed.
That being said, we are exploring the concept in our discussions with OW and with all nations in the province, with the goal of leading towards self-determination and self-governance. Those types of concepts, I think, are part and parcel of what we need to close the socioeconomic gap — to involve First Nations on the land that they have been part of for millennia. As a government, we’re not defining it for the nations; we are working on that concept with them.
I’d say that would be part of the spirit and intent of the UN declaration — be open to those concepts. That’s the way that we are approaching our negotiations inside and outside of the treaty process in the province.
D. Ashton: On the idea of the concept, through the eyes of the ministry, the province and the minister, is there a difference of concept between fee simple land — i.e., fee simple/property rights — and title that the minister might be able to give a definition of?
Hon. S. Fraser: My critic, the member for Penticton, is asking some really good questions. They are. They’re ones that I wake up with sometimes.
There is a difference, certainly a difference, I believe, between fee simple and title land. I think the courts have also stated that. I don’t have a definition, and the courts have not gone as far as defining the difference in what title land is. But the courts have also guided us, to some extent.
Title land is generally held communally — those concepts. It involves decision-making on the land, jurisdiction on the land and self-governance on the land. So there are concepts that go well beyond fee simple. But the actual final definition of that is what we are working on with nations. The guidance that we’ve been given from the courts that land is held communally and such, which I just cited — those are guides only. They’re not a definition of title land, but it is clear from the courts and their guidance that title land is indeed different than fee simple.
D. Ashton: I really appreciate the answer from the minister, and I appreciate his honesty on it. However, with title — and the minister had mentioned the differences amongst First Nations and how it is community, in a lot of ways, holding that — how would that apply to resource development and treaties and other agreements, where it’s like a strata almost — I’m trying to think out of the box a little bit — where it’s a community resource and a community opportunity? How would First Nations be able to apply that over resource development and projects? I’m just kind of curious of direction.
Hon. S. Fraser: It’s interesting. The courts didn’t define title, but they declared title with the Tsilhqot’in. So 1,700 square kilometres was declared as title land for the first time in Canadian history, maybe worldwide. I’m not sure. But it ill-defined how that would apply and how that would be used and what the impacts would be. How that would actually play out was not done.
I would suggest that to get the definitions that the member is looking for, and that we are seeking ourselves, is through negotiated agreements, especially treaty. We can actually define, with the nations, what “title land” means, how it will be used, the jurisdiction, the self-governance and the nationhood that would go along with that.
The courts are a very blunt instrument. While they designated, for the Tsilhqot’in, title land, they did nothing else. Some of the questions that we had earlier around Tsilhqot’in issues are confusing for us. They’re also confusing, I would suggest, to the Tsilhqot’in, because the courts didn’t provide any further guidance in that. That is why, I think, we can define these things through agreements, especially treaty agreements, but not exclusively. Non-treaty agreements get us a long way there too — help at defining the use of the land and such.
We’ve done that in all the modern-day treaties, going back to the Nisg̱a’a treaty, before the treaty process began. There you’ve got some good definition of how the lands can be used and should be used and all the governance issues that go along with nationhood. But outside of that treaty, title is an amorphous concept, in my opinion. It needs definition.
D. Ashton: Following through with that, in ministry view or government view or the minister’s view, can multiple Indigenous leadership structures and/or multiple Indigenous clans or families or governments hold simultaneous title on a given area of land? Is there a possibility of multiple ownership amongst First Nations on a given piece of land?
Hon. S. Fraser: It’s hard to imagine. As for myself as minister, I have a hard time imagining multiple parties having simultaneous ownership on the same land. It’s not something that we’ve seen in our negotiations. There are areas with shared territories.
If I’m getting to the crux of the question, it’s why we need clarity. The nations need clarity and practical arrangements that define these things. It’s why we negotiate and try to bring some substance and definition to these tough issues. We can do that through negotiation.
The courts can’t do it for us. We’ve already seen that. They certainly have a role, but they do not provide the clarity. They don’t provide the practical arrangements that nations can work with.
It would be very hard to imagine multiple parties with simultaneous ownership to a piece of land.
D. Ashton: When we have the leadership structures that are being presented to us right now that have different ideas and ideals regarding the land and certain pieces of land…. I’m trying to stay away from an issue. I’m trying to be more holistic than zeroing in on a specific issue. How do we determine, as government, and yourself as a minister, who actually speaks for that piece of land?
How do we determine that? That will be important going forward. Who does government…? It could be any government. Who do they listen to, when you have differences of opinion of those that say they have interests, not only title — i.e., interests and title — but to be able to speak for the land? Again, I’m trying to stay away from a specific issue.
[The bells were rung.]
The Chair: Division has been called in the main chamber, so this committee will recess.
The committee recessed from 5:39 p.m. to 5:51 p.m.
[S. Malcolmson in the chair.]
The Chair: We will return to the member for Penticton.
D. Ashton: As we were running out from that division call, there was a question that had been posed. It was in regards to overlapping claims on the land. The minister was going to answer. I’ll just pose it to the minister again.
There were two. We were talking about leadership structures simultaneously holding title or jurisdiction over a given area of land.
Hon. S. Fraser: Thanks to the member for that. We were just discussing this because we were trying to remember what happened before the bells rang.
Many nations in the province that we have negotiated with and are negotiating with have defined how they want to interact with government. Sometimes it is the Indian Act governments, the elected officials, the chiefs in council that we deal with. Sometimes it’s more of a hereditary system. Sometimes it’s some combination thereof, and sometimes there are discrepancies there. I would suggest that with Wet’suwet’en.
That’s part of the reason we began the process with the Office of the Wet’suwet’en: to help address that, to work with the nation to find that unity — that term that we’ve been using many times today — and to bring clarity to how we negotiate, who we negotiate with.
But for the most part, we do it by talking to the nations and finding out how they want to address us. In the vast majority of cases, that informs us on how we deal with and how we negotiate and who we negotiate with.
D. Ashton: Does the ministry/minister and government agree that Indigenous peoples have the right to self-select their leadership and governance structures and that these are the government structures that the province should recognize as representative of the Indigenous peoples?
Hon. S. Fraser: I wouldn’t suggest that we are the first government to recognize self-governance amongst nations. That’s been a path that other governments have been on, too. But it’s at the very heart of the UN declaration — the right to self-determination. That would include governance.
D. Ashton: The province has been very clear that LNG Canada can proceed because of the four conditions that were met. One of those conditions was meaningful partnerships with First Nations that had to be created. Can I just ask the minister to speak for the ministry/the government — that there is still confirmation that would see the construction of the Coastal GasLink to completion?
Hon. S. Fraser: We’ve been very clear as government that the companies have met the four conditions. Yes, that project is moving forward.
M. Bernier: I’m going to make, I guess…. A couple of questions in here but some commentary as well, if you’ll indulge me as we go through this, not only to get things on the record but more for letting the minister know. I want to speak specifically, obviously.
In my riding, we have the partnership agreement that governments put forward working with Saulteau and West Moberly First Nations. This is a little bit outside the minister’s, probably, portfolio, but I’m hoping or assuming that it was actually something he was involved with.
If he’s not familiar with it, obviously we have the caribou issue, section 11, that was signed up in the area. Then his government came forward and did a partnership agreement with West Moberly and Saulteau. Was the minister involved at all with that?
Hon. S. Fraser: No, I had no direct involvement.
M. Bernier: I appreciate that. I find that interesting, obviously, when we’re talking about a partnership that’s been signed between the government and local First Nations, that the minister might not have been involved with that. Is it fair to say, though, that now that the partnership agreement with the local First Nations has been signed, the minister has at least been briefed and is up to speed with what’s going on down there?
Hon. S. Fraser: I think I said I had no direct involvement in that. But I’ve been made aware. It’s certainly an issue that I think many of us are aware of.
M. Bernier: This is going to be a sensitive topic in some ways. The reason why I’m bringing this up is the partnership agreement that was signed between government and local First Nations. Of course, you’ve got the federal government as fourth signatory on that agreement. If it hasn’t reached to the minister…. I sure hope it has.
It has created, in my area, an immense amount of animosity. One of the struggles that we’re facing now is that we had a corner of the province treatied, part of the province — treaty 8, of course, from 1897. There are still discussions around….
There might have been questions earlier, I’m sure, from my colleague, if he was here, from Peace River North — LEH and stuff. We don’t need to get into those, because those are going through their own different process.
With this partnership agreement, we have reached a point in our corner of the province that I have never seen there before. That’s why I want to bring this up to the minister, more for not so much a question, but as more for his acknowledgement. Maybe he can advise me what the plans would be going forward to help trying to rectify this.
We have local First Nations who are being harassed now in the area. They go to work, and they’re being criticized because of this partnership agreement. We have people who are making crazy, I will say, comments in my region that I’ve never heard before. This is not something I think anybody should be condoning or supporting, and I think it’s something that could have been avoided.
For government to put forward and sign a partnership agreement exclusively working with the first two nations in my riding and being secretive to everybody else and being very open with everybody else that they were being secretive created an issue for our First Nations that they never should have been in to begin with.
I don’t want to sound accusatory, and I do not blame our local First Nations for being part of this process, because it’s their right. We try to talk about that, but it’s…. I guess something that I’m curious about, from the minister, is: what does he see, going forward, that we can do to help patch this or fix this problem? Again, we never had an us-and-them in my riding. We never had comments that I would say — I’ll even say it on the record — came across as racism in my riding.
Interestingly, I’ve got one of the most conservative, if I can use that, ridings in the province. But we have all managed, not only through the treaty but because we all live in the area…. We have coexisted. We work together. We’re friends with each other. And this partnership agreement — over what we’re thinking, because people say it, is about a caribou — has created a divide in our region that I’ve never seen before.
I’m hoping that message has been received, has gone to the minister, because I’ve had good conversations with the Premier on this. But what do we see as something we can do as government to try to fix this problem that’s been created?
Hon. S. Fraser: Of course, what’s been happening has been very concerning. As you know, the Premier has visited, as part of that concern, and appointed Blair Lekstrom as an intermediary in that process.
I think some of the responsibility also lands with the federal government. They initiated that process, the SARA process, and I do not believe they addressed the issues in any meaningful way beyond that. So they sort of set the stage, but I don’t think they realized the divisiveness that that might cause.
Moving forward, I know that the Premier had committed to more time for the consultation process to happen, and that is the moving-forward piece of this, how we go forward with this. Of course, the appointment of Blair Lekstrom would be another part of that.
Earlier in this session today, we acknowledged the hate that has been happening on line especially. I know the member for the region has admonished that too. We deplored that on Hansard too. Whatever happens in a process or failures of a government process should…. Those few people that it brings a hatred out or the racism out or both…. I do not believe that’s an excuse for doing so. I don’t think that’s…. I think we should just roundly and soundly stand united that that’s not acceptable, and I know the member agrees with me on that.
We have a plan moving forward. I believe the federal government has wholesome responsibility on this. We are taking responsibility, as the Premier has made the visit to the area, met with people and provided a solution to move forward, more time and somebody from the region who is respected to help stickhandle that.
D. Ashton: Just quickly, in the remaining time that’s left. Suspension of the standing offer program. Could I ask the minister and staff to provide me, outside of this process, information on how many First Nations have interest in projects that are under the SOP and which nations those are? Can I get a commitment from yourself, if there are?
Hon. S. Fraser: I appreciate the question, and I think my colleague has anticipated my answer. I don’t have that information. We do not carry that information. It’s EMPR. I’ll be happy to work with you to get it.
D. Ashton: Thank you. Does the minister know how the suspension of the SOP program is going to impact First Nations that have been receiving money through the First Nations clean energy business fund?
Hon. S. Fraser: For the last couple of years, the focus of the clean energy development fund has been mostly focused on energy efficiencies and also, especially, getting communities off of diesel or reducing their reliance on diesel by clean energy solutions. That work continues.
The standing offer program, of course, was part of a number of nations’ plans for their economic development and others, so we are continuing to work with those nations to find other solutions and other opportunities. We’ll continue to do that.
D. Ashton: Thank you to the staff. My last question, other than a statement I’d like to make at the end, is…. As of October 1, 2018, it’s our understanding that there were nine EPAs whose projects were under development at that time. Are any of these projects involving First Nations going to be impacted by that decision of the SOP cancellation?
Hon. S. Fraser: I will commit here, on record, to getting that information to you. I’ll seek it from Energy, Mines and Petroleum Resources to get those details, along with the other information that I committed to getting — happily did commit to doing.
The Chair: Any further questions?
D. Ashton: Not a question, Madam Chair. Just a statement and a quick one.
Minister, thank you very much for today. You have an incredibly challenging portfolio here, especially during these times that we’re seeing not only in British Columbia but in Canada. But you have an incredibly exciting portfolio.
To be very frank, I know your dedication. To be very frank again, witnessing the staff you have here and the other 293 plus that are in the ministry, you’re in good hands. The opportunity you have, through that ministry and that the ministry has, to make a real difference in the future for British Columbia….
My dad always said: “Keep the sunshine on your face. Keep the wind at your back. Set your eyes on the future, and shake it for everything it’s worth.”
I give you that information. Thank you again, Minister.
The Chair: Thank you, Member, and thank you for the tone of the debate and the conversation, and to all of your colleagues. It’s appreciated.
Minister, do you have any closing comments? I think we’re not going to get any more questions.
Hon. S. Fraser: I’m heartbroken by that news, but thank you, Madam Chair.
Just to my colleague opposite, I know we’re not allowed to use names, but we’ve been working together for 22 months now. I was told early on, at a meeting in the Interior with nations there, that my job was to do constructive damage to the status quo. The member opposite has been a partner in that.
His comments have always been thoughtful. They’ve been informing. They’ve been useful. I appreciate the content that he provides me and the substance that he offers me in his comments — not just in estimates but throughout the whole process, the last 22 months. Thank you very much for that. You helped this process of doing constructive damage to the status quo happen. I very much appreciate that.
I very much appreciate and agree with his comments about my staff. My senior staff here have always had my back, and I can say that about all of the staff in the ministry. I travel a lot in this province, and there are challenges, as the member opposite has mentioned. Wherever I go in the province, people have my back.
This ministry has the best public service staff that I have ever encountered. I want to thank them on record, because we are all partners in doing constructive damage to the status quo, and we all seem to be doing it with a smile on our face, a good attitude and a spring in our step when we do it.
Thank you all.
Everyone who is watching, get a life. But anyways, thank you very much.
And thank you, Madam Chair. You’re new at this, the new job here, and I appreciate you doing a great job.
The Chair: Thank you, Minister, and thank you to everybody, the staff team included, for the vital work. This is arguably the most important thing that any government can do at this point in time, this work of reconciliation. Thank you for the conversation and the dialogue.
Hearing no further questions, I will now call Vote 32.
Vote 32: ministry operations, $48,163,000 — approved.
The Chair: I now invite the minister to move the next vote.
Hon. S. Fraser: That would be Vote 33, by my count.
Vote 33: treaty and other agreements funding, $49,729,000 — approved.
Hon. S. Fraser: I move that the committee rise and report resolutions and completion of the Ministry of Indigenous Relations and Reconciliation and ask leave to sit again.
Motion approved.
The committee rose at 6:14 p.m.
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