Fourth Session, 41st Parliament (2019)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Wednesday, May 15, 2019

Afternoon Sitting

Issue No. 258

ISSN 1499-2175

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


CONTENTS

Routine Business

Introductions by Members

Tributes

J. Yap

Introductions by Members

Ministerial Statements

Hon. A. Dix

D. Ashton

Introduction of Bills

D. Barnett

Statements (Standing Order 25B)

J. Routledge

J. Tegart

B. D’Eith

T. Wat

R. Leonard

M. Stilwell

Oral Questions

S. Bond

Hon. J. Sims

J. Johal

S. Furstenau

Hon. G. Heyman

P. Milobar

Hon. J. Sims

J. Thornthwaite

J. Tegart

Hon. J. Sims

M. Polak

Hon. J. Sims

Petitions

S. Sullivan

Orders of the Day

Committee of the Whole House

Hon. D. Eby

M. Morris

Report and Third Reading of Bills

Committee of the Whole House

P. Milobar

Hon. G. Heyman

Report and Third Reading of Bills

Committee of the Whole House

J. Martin

Hon. H. Bains

G. Kyllo

Report and Third Reading of Bills

Committee of the Whole House

J. Martin

Hon. H. Bains

Committee of the Whole House

J. Rustad

Hon. D. Donaldson

Proceedings in the Douglas Fir Room

Committee of the Whole House

M. Lee

A. Weaver

Hon. C. James

Point of Order (Chair’s Ruling)

Committee of the Whole House

Hon. C. James

A. Weaver

M. Lee

R. Sultan

Committee of the Whole House

G. Kyllo

Hon. M. Mungall

Proceedings in the Birch Room

Committee of Supply

N. Letnick

Hon. A. Dix


WEDNESDAY, MAY 15, 2019

The House met at 1:35 p.m.

[Mr. Speaker in the chair.]

Routine Business

Prayers.

Introductions by Members

Hon. A. Dix: I’m proud to introduce paramedics from around B.C. who’ll be visiting with members of the Legislature today. They’ll be visiting with me much later, because I and the member for Kelowna–Lake Country will be doing Health estimates and probably talking a little bit about ambulance paramedics and B.C. emergency health services at some point.

I wanted to welcome Cameron Eby — I want to say, again, no relation — who is the president, of course, of the Ambulance Paramedics of B.C. and who plays an extraordinary role every day. There are 33 paramedics here to meet with us today. They’re all around us in the gallery, particularly up there — hi, Cameron. I look forward to meeting them later; I know members of the House do.

Please give them a warm round of applause, welcome them, and thank them for all the work they do every day for British Columbia.

D. Davies: It gives me great pleasure to introduce a group of students from Western Washington University. They’re the political science class on Canadian government and politics. We’re joined here by their instructor, Butch Kamena. I just spent the last 25 minutes with them trying to explain everything that happens in this place, which was about 24 hours less than what I needed — in a very unbiased fashion, Mr. Speaker. Would the House please make the students feel welcome.

N. Letnick: I would like to follow up on the Minister of Health’s introduction, and for once, I actually have the list of all the names — which, usually, the Minister of Health gets to do, and I can’t. The honour falls to me to misquote some of these wonderful names.

Before I do that, I just want to say thank you, on behalf of all of my colleagues here in the House, for the work they do. I know I have availed myself of your expertise over the years, on more than one occasion. I’m sure my colleagues to the left of me and to the right of me have also availed themselves of that expertise.

Thank you, and thank you for the privilege of advancing the blood bill, the Emergency Intervention Disclosure Act, on your behalf in this Legislature just a few years ago.

So the brave soul jumps in. Let’s welcome Keith Taylor, Shane Thair, Melanie Stevens, Paul Alberts, Amy Chris, Gretchen Bonegardener, Corey Viala, Cameron Eby, Greg Hayes, Keith Moraes, Scott Sywake, Warren Leeder, Jessica Chilton, Annemarie Byers, Corey Froese, Dave Deines, Dustin Jackson, Kelly Budway, Kevin Marriott, Kevin Lemay, Robert Parkinson, Sophia Georges, Megan Nelson, Jason Jackson, Andre Ledoux, Chris Andersen, Matt Bordewick, Ashton Paradis, John Strohmaier, Grant Farquhar and Dave Leary.

Before I ask the House to make you feel really welcome, you should know that I’m giving the list to Hansard, so it will actually be spelled correctly. If I missed the pronunciation, don’t worry about it.

Would the House please make them feel very, very welcome.

J. Routledge: Well, I’m very excited to introduce Jody Torrance, who is a teacher at Gilmore Community School in Burnaby North. With her are 58 grade 4 and 5 students, one of which is my granddaughter, Asia Brassington. Also with them are nine parents who are here for the trip, one of whom is my son, Bill Brassington. Please make them all feel very welcome.

[1:40 p.m.]

Hon. M. Mark: In the gallery today we are joined by representatives from the regulatory body for architecture. The Architectural Institute of B.C. is an independent professional self-regulatory body that was incorporated in April 1920 under the Architects Act.

We have several guests from the AIBC joining us today: chief executive officer Mark Vernon, general counsel Thomas Lutes, director of registration and licensing Jenelyn Torres. They had a chance to meet with me this morning. I know that they’ve met with the members opposite.

I’m pleased to recognize that AIBC is commemorating its centenary year. For the past 100 years, the institute has served the public interest by ensuring that architects meet the qualifications and standards needed to practise architecture in B.C.

Would the House please join me in welcoming them and those that aren’t here. There are 2,167 members as far as I know today. Would the House please join me in welcoming the architects of B.C.

Hon. C. Trevena: It gives me great pleasure to make two sets of introductions today.

One is in the gallery, representatives of the B.C. Automobile Association. I think that many of us in this House are members of the BCAA. They do a great job for us. They’ve been talking to members of the government caucus and are going to be talking to members of the Liberal caucus later on.

We have in the gallery Shawn Pettipas, the director of community engagement and marketing; David Weloy, the senior manager of automotive safety and training; Sara Holland, who is the senior manager of communication advo­cacy; and Sacha Trueman, a road assist fleet driver. I hope the House will make them all very welcome.

My second introduction. I impinge a little on my colleague, the Minister of Agriculture’s role here, but in the gallery today is one of my constituents. He’s here as part of the B.C. Seafood Alliance. Gary Casavant works at Keltic Seafoods, a seafood company up in Port Hardy. I hope the House will make Mr. Casavant very welcome also.

Hon. L. Popham: With us today in the gallery are a number of folks from the B.C. Seafood Alliance. The alliance collectively represents more than 90 percent of the commercially harvested seafood in British Columbia, and that’s worth almost $1 billion in annual sales.

Members that are joining us here today are Christina Burridge, the executive director of the B.C. Seafood Alliance; Chris Sporer of the B.C. Seafood Alliance and the Pacific Halibut Management Association; Tiare Boyes, B.C. Tuna Fishermen’s Association; John Nishidate, the Seafood Producers Association of B.C. and Grand Hale Marine Products; Robert Hokness, who is a fisherman; Lyle Pierce, who is a fisherman; Brad McLean, seafood producer, French Creek Seafood; Gary Casavant, as we heard from the Minister of Transportation, a seafood producer from Keltic Seafoods; Grant Dovey, Underwater Harvesters Association; and Dane Chauvel, Gulf Trollers Association.

Please make them feel welcome.

M. Dean: In the precinct today we have over 30 grade 5 students from École Victor Brodeur. They’re here today with their teacher Daniel Bernatchez. Please make them very welcome.

S. Chandra Herbert: It gives me great pleasure to stand to celebrate a devoted dad, a loving husband, an incredible athlete, a good friend, a hard-working MLA for the people of Delta North. A very happy birthday to the MLA for Delta North.

Tributes

JACKY KO

J. Yap: I have some sad news to share with the Legislature. We learned that last night Jacky Ko, who is well known in the Richmond community and the Chinese-Canadian community as a very successful, popular photographer, passed away.

Jacky Ko will be best remembered for founding the Vancouver International Photography Festival, which I know some members on both sides of the House have attended over the years. He was a wonderful human being who carried out his profession of photography with great energy and passion and supported, most notably, the not-for-profit and charitable sector by providing photography services, often without charge. He did operate as a professional photographer with his own professional photography studio.

[1:45 p.m.]

As I said, very well known and cared for in the community, so very sad news to hear of his sudden passing last night. I ask all members of this House to join me in sending condolences to the family of Jacky Ko.

Introductions by Members

S. Furstenau: I have two sets of introductions to make. I’m pleased to introduce Christine McLean, Eric McLean, Judith Pringle, Doug Watt, Marlene Watt and Doug Gook, all from the Concerned Citizens of Quesnel Lake. I’d like to applaud their commitment to protecting their local watershed, which, as members may remember, was decimated by the Mount Polley disaster. They continue to raise awareness about the impacts to their watershed, which is sadly synonymous with experiences that we have had in Shawnigan Lake. May the House please make the Concerned Citizens of Quesnel Lake most welcome.

Speaking of Shawnigan Lake, I have three members of the Shawnigan community here today, and I’m delighted to introduce them. John Hayes was one of only two citizens who filed an Environmental Appeal Board appeal when the permit to put five million tonnes of contaminated waste into our watershed was delivered. He went to all 31 days of the EAB hearings. He is a true hero in our community.

Shelagh Bell-Irving and Marnie Hare are also here in the gallery. Shelagh was relentless in her efforts on the road every morning, and Marnie as well. I would like to really acknowledge that the friendships that we formed over those many years are deep and true. I’m delighted to see you here today. Thank you for coming.

Hon. L. Beare: I’d like to introduce 30 grade 5 students from Maple Ridge Christian School from my riding of Maple Ridge–Pitt Meadows. They’re in the precinct today, led by Mr. Reid and accompanied by 15 adults. They are touring the building at this moment, but I had the opportunity to meet with them this morning and brought them into my office. They took numerous selfies at the minister’s desk. We have a bunch of budding ministers in this group. I’m very excited to have had the chance to visit with them. Would the House please make them feel very welcome.

R. Kahlon: I share a special birthday with, I just found out, two special people. A special message to one of the birthday boys in the chamber today from his son, Dev, and his partner, Romi.

I want to recognize the member for the West End. We share a birthday. People often confuse us as twins. I just want to make sure, for the record, that we’re not twins. We just look very much alike.

Also, it’s the birthday of the member for Penticton’s mom, who is turning 94 today. A lot of great people born on this day.

Ministerial Statements

DAVID KAMPE

Hon. A. Dix: I rise to give a ministerial statement.

Last Wednesday David Kampe passed away, surrounded by family and friends, and our province lost a community builder, a role model and benefactor.

Mr. Kampe was a true champion of the city of Penticton and the entire South Okanagan. He grew up in Summerland and built Peters Bros. Construction and Paving from scratch to a company that is in every market in B.C.’s interior.

A kid at heart, one of Mr. Kampe’s passions was giving youth a chance to have success, no matter whether they had money or not. He was all about community, and I think it’s fair to say he loved Penticton.

In recent years, he donated close to $8 million to Penticton Regional Hospital for its new patient care tower, one that now bears his name, and a further $1.7 million for future equipment. We are so grateful that he was able to be with us when we opened the hospital — to be with the member for Penticton and the member for Boundary-Similkameen, who were there with us that day. I know that we were able to express our gratitude to him, and he was able to celebrate a hospital that he wanted very much to be a five-star hotel. I think we met that test on that day.

His loss is, of course, considerable for his family, friends, employees and all of the staff of Penticton Regional Hospital.

I ask members of the Legislature to join with me and the member for Penticton today to honour Mr. Kampe, whose work represented, I think, Penticton, his community and his province so well. His dedication will live on at the hospital and everywhere in Penticton for generations to come.

[1:50 p.m.]

D. Ashton: I would really like to thank the Minister of Health for his kind words.

The gentleman of which the minister speaks was a very good friend, a mentor and an incredible philanthropist not only in the Okanagan but throughout British Columbia, an individual who never, ever, ever wanted credit for his generosity. He actually really preferred to be anonymous. He actually had to be persuaded to have his name put on that brand-new tower at the hospital in Penticton. I was taken into his confidence many times on some of the contributions that he wanted to remain anonymous on.

I can say that Mr. Kampe did an incredible job of not only employing hundreds and hundreds of people in this province but making a difference to many in the province, especially those in need.

With the graciousness of all of us in the Legislature, I’d just like to reserve the opportunity in the future, when things settle down, to give him another word of thanks.

Introduction of Bills

D. Barnett: I move that the bill entitled Adoption Amendment Act, 2019, of which notice has been given in my name on the order paper, be introduced and read a first time now.

I am pleased to stand in this House to reintroduce the Adoption Amendment Act. I first brought this bill forward on November 21, 2018. This bill removes the legislative stipulation that disqualifies adults over the age of 19 from formally being adopted if these individuals were not supported as children by their prospective adopter during their youth. It increases the ability for consenting adults to have the freedom to define their family relationships and have them recognized by the state without the unnecessary and arbitrarily restrictive legislation exclusions currently present in the Adoption Act.

If passed, consenting adults who enter adoptions will have the ability to have equal access to state benefits afforded to families. This will align British Columbia with other Canadian jurisdictions that already have allowances to adulthood adoption in place, such as Manitoba, Alberta, Ontario and Saskatchewan, among others.

The bill will allow for the same protective safeguards against abuse of the adoption process that are already granted to the adoption of minors to remain in place for adults by allowing the courts to determine the validity of the motivations of prospective adult adoptions.

Finally and most importantly, this bill has been brought forward due to the fact that in my constituency, I have adults who wish to be adopted, and under the current system, it is difficult. I see no reason these individuals should not be allowed to define and have recognized their consenting family relationships.

Mr. Speaker: Thank you, Member. We will take that on notice for the moment. It wasn’t on the order paper. There must have been some glitch. We’ll look forward to hearing you introduce that again at the earliest opportunity.

D. Barnett: It was my understanding it was.

Statements
(Standing Order 25B)

NEW CURRICULUM IN SCHOOLS
AND NEWS ANALYSIS BY STUDENTS

J. Routledge: The other day I was having lunch with my granddaughter Asia, and I asked her what she was learning in school. She told me they were deconstructing the news. That’s right, deconstructing the news — her words, not mine. She’s ten years old.

Now, I must have looked impressed, because my son shrugged and said: “New curriculum.” I decided to find out more about this new curriculum, but first, I had to remind myself what “deconstruct” meant — to analyze by breaking something down into its component parts in order to expose its hidden internal assumptions and contradictions.

The new curriculum recognizes that kids in school today will graduate into a world that’s totally different from the one we know now. Not only do we need to teach them to embrace technology; they must become highly skilled in communication, collaboration and critical thinking.

[1:55 p.m.]

B.C.’s new curriculum allows students to have more input with respect to how, when and where they learn. It helps kids, both girls and boys, feel more connected and engaged with what they’re studying so that they can have a better chance of success.

Back to deconstructing the news. My granddaughter explained it to me like this. Everyone in the class picked a local news story and described it by answering a few questions. What’s the story? How has it been constructed? Who is the target audience? What persuasive strategies have been used to connect with the reader? What does the story want you to think and feel?

Asia picked pipelines. Now she watches the news with her dad, and she views it very differently than she did before she learned how to deconstruct it.

Let’s keep in mind that today there are 58 young people in the gallery who know how to deconstruct what we’re saying. They may even go home and share their analysis with their parents.

70th ANNIVERSARY OF
HOPE-PRINCETON HIGHWAY

J. Tegart: Recently I had the opportunity to attend a celebration of the 70th anniversary of the Hope-Princeton Highway. The event was hosted by the Hope Communities in Bloom Committee, which had printed copies of the original program used in 1949. The program indicates that they actually sang God Save the King.

The contract for the building of the highway was let to J. Tomlinson and Emil Anderson. Work began in 1945, and four years later, at a cost of $12 million, the route was complete. We would not even have environmental assessments done in that period. Six thousand people attended the opening day ceremony.

One of my constituents shared the following story with me, how exciting it was to be 16 years old at the opening day celebration of the highway that would open up the southern Interior of B.C. and to drive it on the first day with his two friends. His buddy had borrowed his dad’s car, and the three of them hit the road. He said he will never forget that experience.

He indicated they drove up to Princeton and back to Hope with a great many others who were excited about the new highway. When they arrived back in Hope, there was more excitement, as it appears his buddy who drove that day had forgotten to ask permission to borrow the car. The police were waiting for them when they arrived back in Hope. It was a memorable day all around.

The Hope-Princeton opened up the southern Interior of the province. It provided an efficient route for trade and produce out of the Okanagan, and for tourism. We only have to look at the economy of the southern Interior to know the impact that this highway has had in the last 70 years.

Congratulations to the engineers, the contractors, the workers and those with the vision to see the importance of highway infrastructure. Your work and vision have had a significant impact on the past and future of this great province.

River of Belonging ART PROJECT AT
ÉCOLE HERITAGE PARK MIDDLE SCHOOL

B. D’Eith: I continue to be amazed by the students and teachers in my riding, and I’ve shared a few of their accomplishments in the past — their dedication to helping others in programs they’ve created. Once again, I’m happy to stand and speak about an initiative taken on by teachers and students in Mission.

Last week École Heritage Park Middle School unveiled a new 12-by-4-foot art project called a River of Belonging. The piece is made of mostly coloured glass and glass rocks, and it depicts a beautiful river filled with salmon. It’s indeed something special, because every student and staff in the school contributed a piece.

Each person created a rock for the river, with a message or a picture that was meaningful to each of them. This actually was the brainchild of outgoing vice-principal Mikel Brogan. Artist Marina Papais collaborated with Daniel Collett and local First Nations carver Peter Gong to work with the students.

The vice-principal said that the project was aimed at creating a stronger sense of belonging in the school toward reconciliation, and it encapsulates the notion that every student truly matters and belongs. The school’s six core values — respect, responsibility, perseverance, courage, integrity and empathy — are all represented in six beautiful carved salmon by Peter Gong.

[2:00 p.m.]

It’s our job to teach the next generation about truth and reconciliation, and it’s so wonderful to see schools and school districts take this amazing step towards this reconciliation.

I want to thank vice-principal Brogan for his dedication to the students at Mission and for starting this project. I’d like to thank the artists and the Stó:lō First Nation who were part of the unveiling ceremony. And of course, I want to thank every student and staff who participated in this amazing project.

This piece of artwork is now permanently displayed at the school, in their Clark theatre. I encourage everyone to visit Mission to see this wonderful work.

ANNIVERSARY OF B.C. GOVERNMENT
APOLOGY TO CHINESE CANADIANS

T. Wat: As we move to the halfway mark of Asian Heritage Month, we land on an anniversary of a day that is very important to me and to the Chinese-Canadian community — a day that fills our hearts. In May 2013, as the then Minister Responsible for Multiculturalism, I began a consultation process that saw more than 1,300 people attend a series of seven forums throughout the province.

This all led to May 15, 2014, five years ago today, when I had the honour of standing next to the then Premier, Christy Clark, as she shared these words: “We can’t undo the actions of the past, but we can acknowledge them, apologize and learn from them. Today we rightly recognize and celebrate cultural diversity, and that’s why all sides of the Legislature were able to come together to offer our deepest regrets to members of the Chinese community for historic wrongs.”

The report that came out of the consultations outlined 13 recommendations to recognize the social, cultural and economic contributions of Chinese Canadians. One of those recommendations that received consensus at every forum was to update the social studies curriculum to acknowledge the contribution of Chinese British Columbians.

Other recommendations, such as repealing racist legislation, identifying sites and artifacts of historical significance, publishing a book profiling the contribution of notable Chinese British Columbians and creating commemorative monuments, have also been implemented.

It is with great pride that I repeat this again in the House. “In the words of one forum participant, our efforts will not only heal the past but generate new thinking about how to ensure we have a vibrant, inclusive community and continue to make a real difference in the lives of many thousands of Chinese British Columbians.”

FRANK BURDEN

R. Leonard: Frank Burden is someone who steps up to help without question. I wasn’t surprised to learn that I’m not the only one in this House that knows he’s always looked for ways to be of service to others. It began small, with his children, coordinating activities for local Cub and Scout leaders. As a secondary teacher-librarian and union activist, he served as union rep at his school, then as union president and bargaining chair in his school district.

He facilitated countless workshops and advocacy and curriculum change through the B.C. Teacher’s Federation and was elected to the board of the B.C. College of Teachers. After retiring, he didn’t stop. He supervised the work of UVic student teachers and was a founding counsellor for the Community Justice Centre in the Comox Valley.

Along the way, Frank joined his local legion wherever he lived, from Alberta in the 1960s to Vanderhoof, Nelson and, finally, to the Comox Valley. With Courtenay’s Branch 17, he’s been poppy chair and president and served on the board of central Vancouver Island zone command before taking on the role of service officer.

As service officer, Frank conducted poppy services and other forms of remembrance ceremonies for veterans and legion members. His advocacy and support for veterans, their spouses and dependents and other members of the community, went above and beyond, with deep gratitude in return. Digging up military records, helping apply for pensions, filling out forms and appeals — these were his regular fare. Through the poppy fund, he’s helped families leave abusive relationships. He’s helped two veterans settle after a house fire.

There are countless other stories. His legion has honoured him with a life membership. Frank Burden has enriched the fabric of our whole community with his selfless service on behalf of others.

We love you, big Frank, and thank you.

[2:05 p.m.]

RALPH NILSON AND
VANCOUVER ISLAND UNIVERSITY

M. Stilwell: I would like to take a moment to recognize and celebrate the wonderful work and dedication of Dr. Ralph Nilson, president and vice-chancellor of Vancouver Island University. He’ll retire at the end of June, after more than a decade at the university. I know that he will be greatly missed.

Many of my colleagues already know Dr. Nilson, having either worked with him or because of the initiatives that he’s launched in his time at VIU. He came from Acadia University in Nova Scotia to the post-secondary institution in 2007, when it was still Malaspina University College, and he led it through to its transition into a university.

Under his leadership, the university has been recognized for its work on reconciliation with First Nations communities and became the first university in B.C. to launch the tuition waiver program, meant to improve access to post-secondary education for former youth in care.

In 2017, Dr. Nilson was recognized for his work, with the B.C. Community Achievement Award.

I didn’t know Dr. Nilson well prior to entering politics, but I can say that he has become someone I respect and admire for his leadership and advocacy to create opportunities for all students attending VIU. The WEST program that my son will attend in the fall is just one program. The university has become a national leader in creating educational opportunities for non-traditional learners, thanks to him.

It has been an absolute pleasure to work alongside Ralph on successful projects like the expanded marine, automobile and trades complex and the health and sciences building at the Nanaimo campus.

I want to congratulate Dr. Nilson for all that he’s accomplished at VIU and wish him the very best in retirement. I know I’m going to miss his storytelling. He has such an incredible memory for personal details, and of course, his personal delivery of my Christmas wreath along with his homemade plum jam over the holidays will certainly be missed.

I also want to give a warm welcome to the new chancellor and president, Dr. Deborah Saucier, who I look forward to working with.

Oral Questions

VISA REFERENCE LETTERS BY
CITIZENS’ SERVICES MINISTER

S. Bond: On October 23 and again on December 18, 2018, the Minister of Citizens’ Services used her position as a member of the executive council to write sponsorship letters for ten Pakistani citizens. According to the whistle-blower: “In my questioning of the minister, she admitted that she did not know these individuals personally but vouched for them regardless.”

Can the minister confirm again today that she did not personally know the individuals she vouched for?

Hon. J. Sims: I take my job as a representative very seriously. I’m a minister, and I’m an MLA, and when I’m in my riding I meet with constituents.

A number of letters were sent out with my electronic signature, and I did not see the final draft. I take responsibility for what happened. When I became aware of the issue, I immediately had a serious conversation with the staff to ensure that it would not happen again.

While the opposition continues to focus on gotcha politics, I’m focused on our government’s important work to make life better for people in our province.

The letter was written on the Legislature letterhead and had the Legislature signature on it.

Mr. Speaker: The member for Prince George–Valemount on a supplemental.

S. Bond: That is an absolutely unbelievable and irresponsible answer from this minister. This is a very, very serious allegation.

We have seen six letters where the minister used her ministerial title to sponsor individuals who turned out to be on a security watch list. In the letter, she describes all ten individuals as friends and even claims that she plans to host them, both in Victoria and on the Lower Mainland. Her personal relationship with these ten individuals is clearly laid out.

How does the minister explain the contradiction between the letter and what she admitted yesterday?

[2:10 p.m.]

Hon. J. Sims: I’m so disappointed to see the opposition spreading unfounded accusations — not only that but also spreading people’s private personal information all over the Internet.

I take my job as an elected official in my riding very, very seriously. As MLAs, we get all sorts of requests from members of the public. A number of letters were sent out.

Interjections.

Mr. Speaker: Members.

The member for Prince George–Valemount on a second supplemental.

S. Bond: Well, the last time I checked, the job of the opposition is to bring these issues to the Legislature and hold ministers of the Crown accountable. The minister may be disappointed, but what she should do is recognize that we have seen not one, not two, not five but six letters that this minister signed, that were signed in this minister’s name.

The government of Canada has very specific guidelines for writing reference letters for visa applicants. The minister should well know this. She was a former MP and, believe it or not, had critic responsibilities for immigration, of all things.

In fact, when the whistle-blower raised the concerns with the minister, the minister said to her: “I know what I’m doing. I had the immigration file.” The guidelines require documentation of the relationship to the person seeking a visa and that “you must tell the truth and write the letter in good faith.”

Why did the minister misrepresent her relationship with these applicants and write letters in bad faith on behalf of individuals she did not know?

Hon. J. Sims: My colleagues across the way know that this was a challenging HR matter involving a former employee who was employed for six weeks. I do take my job seriously, and I try to do my very best for my constituents, which is our job.

I take responsibility for what happened. I do take responsibility for the fact that those letters were sent. I also take responsibility for the fact that I sat my staff down and had a serious conversation with them to ensure that those kinds of mistakes would not be made again. That was done, and that is what happened.

J. Johal: You know, I’ve heard about throwing your staff under the bus, but this minister keeps reversing and keeps doing it over and over. It’s ridiculous — wow. Wow.

Here are the facts. This minister wrote six letters and spent months trying to use her position as a minister of the Crown to expedite these visa applications. Three of the individuals that she personally vouched for and falsely described as friends were on a security watch list. The only reason we know this is because of a whistle-blower who raised concerns and was promptly fired.

Can the minister explain her appalling lack of judgment?

Hon. J. Sims: As an MLA, when I’m in my constituency, I meet with constituents. I advocate for them, and yes, I do write letters to support — I don’t sponsor — visa applications. I explain to them; “This is a federal matter. Go to your MP.” We give them the phone number. We give them the address for the MP. They go there.

When they ask us for a letter…. I did write those letters. As I have said before, I take responsibility for those letters. Once I became aware of the full content of them, I made sure that I had a conversation with my staff to make sure that that did not happen again.

Interjections.

Mr. Speaker: Members.

Hon. J. Sims: As I said before, I advocate for members. I do the work that other MLAs do in writing letters to support.

Mr. Speaker: The member for Richmond-Queensborough on a supplemental.

[2:15 p.m.]

J. Johal: This was clearly a high-priority political file for the minister, who spent five months attempting to expedite these visa applications.

Three initial letters were sent on October 23, 2018. Three more letters were sent on December 18, 2018. On February 6, 2019, the minister told her staff: “Drop everything, and deal with this.” She approved these bad-faith letters and vouched for individuals she doesn’t even know on behalf of her political supporters.

This just wreaks old-school political cronyism. How does the minister explain her inexcusable actions?

Hon. J. Sims: You know, for my colleagues on the other side to talk about cronyism is really, really rich. And let me say that I take….

Interjections.

Mr. Speaker: Members, the minister has the floor.

Hon. J. Sims: When I’m in my riding and I meet with constituents, I listen to their concerns. When a constituent came and asked me for a supporting letter, I wrote one. It was done. It went out under my electronic signature.

And let me assure you that the first letter went out, but it never got used because the people did not apply. They asked for…. The constituent who sponsored asked for the letter again with a different date on it. That letter was given, and the new employee….

Interjections.

Mr. Speaker: Members, if we may hear the response, please. Thank you.

Hon. J. Sims: The ex-employee…. The only thing she was asked to do was to phone the MP’s office, which is normal practice, to find out where these visas were in progress. Once she brought the information back, we pulled back and said: “Do not pursue any further.”

SOIL DISPOSAL SITE
IN SHAWNIGAN LAKE WATERSHED

S. Furstenau: There have been at least three iterations of a closure plan for the contaminated landfill in the Shawnigan drinking watershed — two in 2017 and one just a few months ago. The company that was hired to complete the original and updated closure plans, however, has not been paid for their work.

So what to do? Well, it seems that there’s a convenient change to the most recent closure plan. Now the plan is to import an additional 70,000 tonnes of soil to the site in order to generate the revenue to pay the company that provided the design for the closure plans.

To be clear, there is no need for this additional soil as there is currently 100,000 tonnes of soil that our community was repeatedly and explicitly told was intended for remediation of this site, and also to be clear, our community will not rest until the contaminated soil has been removed. Essentially, it seems to appear that we have a situation where a company has devised a new closure plan so that they can eventually get paid.

My question is to the Minister of Environment. Does the minister see a conflict of interest in this situation?

Hon. G. Heyman: Thank you to the House Leader of the Third Party for again raising this issue on behalf of her constituents.

We understand, on this side of the House, how important safety of drinking water is and assurance that drinking water and their environment will continue to be safe are to people all over British Columbia. And we understand that as a result of the decision that was made a number of years ago to dump the soil in this area, there has been ongoing stress on the residents of the area.

To the question that the member raises, we have met with her as well as with residents of the area on a number of occasions to go over information they’ve brought forward, information that we have had. When we’ve had inspection reports and other studies, they have been posted in the interest of transparency.

The closure plans to which the member refers have been posted for public comment. I’m aware of the member’s concerns and the community’s concerns about the qualified professional in question, and that’s precisely why we also retained and continue to retain another qualified professional, completely independent, to review all of the plans and are proceeding to evaluate all the information that has come forward.

[2:20 p.m.]

Mr. Speaker: House Leader, Third Party, on a supplemental.

S. Furstenau: It is getting complicated to keep track of all the qualified professionals and which ones weren’t paid at which time, but I’ll help the minister a little bit more on this.

In his 2017 decision, B.C. Supreme Court Justice Sewell said that the conflict of interest at the centre of the case, the secret profit-sharing deal between the landfill owners and the original engineers “struck at the heart of the Environmental Management Act” and that the withholding of information about Active Earth’s equity position “brought the integrity of the approval process and appeal into question.”

One of those qualified professionals continues to provide information on this site, but now we’ve got the new qualified professionals. Consultants like Active Earth are hired to provide expert advice. The recommendations they put forward are supposed to be based on the best available evidence and their expertise. They are not supposed to give advice that benefits them financially. That is a conflict of interest.

I would suggest that the current landfill closure plan in front of the minister contains a similar conflict. The closure plan proposes to import tens of thousands of tonnes more soil to this site for what appears to be no good reason except to generate income to pay for the landfill closure fees.

My question is, again, for the Minister of Environment. I know he still needs to make a decision, but in light of this, how can the third iteration of a closure plan even be considered by his ministry?

Hon. G. Heyman: Thank you, again, to the member. She’s quite correct. Ultimately, I will have to make a decision on the closure plan based on information brought to me by ministry staff who’ve been working on this issue, as she knows, diligently for a long period of time.

In my role as minister, I wanted to be assured that all due diligence is done — that if there’s any question of conflicts, we retain completely independent, qualified professionals to review the work that went into the closure plan so that we can be assured that whatever information forms the basis of our decision is science-based, that it’s based on the best evidence, that it’s independently reviewed and that it’s consistent with the acts under which we must make our decisions.

The member also knows that this government took actions with the Professional Governance Act to deal very strongly with the questions of conflict of interest that hung over the activities of this company and this permit for a number of years. We believe that this act will close loopholes in the future, and we’re taking measures today to ensure that people can be reassured that all information is independently reviewed.

VISA REFERENCE LETTERS BY
CITIZENS’ SERVICES MINISTER AND
POLITICAL FUNDRAISING ISSUES

P. Milobar: It’s very interesting today. The Minister of Citizens’ Services’ first answer was that staff wrote the letters, and her last three answers have been that the minister wrote the letters.

Let’s take a look, again, at what happened last year. Last year in October and again in December, the Minister of Citizens’ Services wrote sponsorship letters for ten Pakistani citizens. Yesterday she told the media: “I know the people who are sponsoring them.” The minister is the only name in the sponsoring letters listed as a sponsor, but apparently, there were other people pulling the strings.

Can the minister confirm that the people she referred to as sponsors were Rabina Sattar, her fundraising chair, and Kulwant Dhesi, a well-known NDP political supporter?

Hon. J. Sims: As I said previously, when we are MLAs, we have all kinds of duties and responsibilities when we’re back in our offices. A number of letters were sent out with my electronic signature and without me seeing the final content. I take full responsibility for that happening, and I have taken measures to make sure that my staff is fully aware.

I am disappointed. I am disappointed that the opposition is spreading unfounded accusations. Not only that, they are spreading people’s private and personal information all over the Internet.

Mr. Speaker: The member for Kamloops–North Thompson on a supplemental.

P. Milobar: Rabina Sattar is the minister’s fundraising chair, who claimed donations would be made for these letters in the allegations from the whistle-blower.

[2:25 p.m.]

I have here an email chain between the minister and Rabina dated October 29, 2018. Attached to the email are three sponsorship letters. Rabina’s business partner is Kulwant Dhesi, the same individual who has donated over $14,000 to the NDP and who hosted the infamous O.K. Corral cash-from-convict event at his private residence with Maninder Gill and Jawahar Padda.

Why do this minister’s fundraising chair and political supporters have any role in facilitating immigration issues?

Hon. J. Sims: Let me say very, very clearly that Ms. Sattar is a constituent of mine, and she has the same rights as anybody else to come into my constituency office and ask for guidance or support. Let me also tell the members across the way that Ms. Sattar has not donated a penny, either directly or indirectly, to me.

J. Thornthwaite: Let’s make this perfectly clear. The individuals behind the minister’s falsified visa letters were Rabina Sattar, the minister’s fundraising chair, and Kulwant Dhesi, a prominent political supporter of the NDP. According to the whistle-blower: “The minister stated to me that the visa issue had to be fixed, as these were very important people to her campaign.”

My question to the minister: does the minister think that this is an appropriate behaviour for a minister of the Crown?

Hon. J. Sims: Once again, it is outrageous that the opposition keeps repeating unsubstantiated allegations that result from…

Interjections.

Mr. Speaker: Members.

Hon. J. Sims: …an employee who is no longer in my employment, an employee who was there for six weeks. Let me say that I take my job very, very seriously. I take no money, and I do no political or other favours when I’m doing my work as a minister or as an MLA. That is my job.

Mr. Speaker: The member for North Vancouver–Seymour on a supplemental.

J. Thornthwaite: The minister wrote six letters trying to expedite visa applications. She misrepresented her relationship with these people, three of whom turned out to be on a security watch list. And she did all of this on behalf of her political donors. That is disgraceful.

I’ll ask the minister once again: does she feel this is an appropriate behaviour for someone on the executive council for the province of British Columbia?

Hon. J. Sims: I am a member of the cabinet, of the executive council. I am an MLA. When I’m an MLA and I’m back in my riding, I meet with constituents. They come to me to ask for letters of support for this, for guidance to deal with, sometimes, their issues with health care. They come to us for a variety of reasons.

I deal with people who walk through that door in the same way, whether they have donated to me, voted for me or not voted for me. This issue is about providing service to constituents, and I think that it is…. I want to stress that I will never, ever apologize for working with constituents to get them the best services.

[2:30 p.m.]

GOVERNMENT RESPONSE TO ALLEGATIONS
REGARDING CITIZENS’ SERVICES MINISTER

J. Tegart: Kate Gillie attempted to blow the whistle on the wrongdoings she observed in the minister’s office and brought her concerns to the NDP executive director, Roseanne Moran, on February 15. One week later, she was fired. On March 4, she wrote to the Premier’s office, again outlining her serious concerns.

What steps did the government take to investigate these serious allegations they have known about for over two months?

Hon. J. Sims: I’m really happy to be able to get up to clarify and answer this question.

This individual was hired as a constituency assistant. My colleagues across the way, because they did sit on this side for 16 long years, know that as a constituency assistant, she is not an employee for government.

The matter was raised in the March 4 letter. If my colleagues had read the letter from the lawyer, the employee says that her last day at work was on the 22nd of February.

Interjections.

Mr. Speaker: Members.

Hon. J. Sims: The letter dated March 4 relates to her six-week employment as a constituency assistant. When the March letter was received by the chief of staff to the Premier, he met with the executive director of caucus, which is the appropriate thing to do. The allegations….

Interjections.

Mr. Speaker: Members. Members, please allow the minister to respond.

Hon. J. Sims: The allegations were reviewed, and there was no evidence to support them. The matter was dealt with by caucus, as she was not a government employee. This is an HR matter, and the members across the way know it to be, but they are confusing the issue.

Mr. Speaker: The member for Fraser-Nicola on a supplemental.

J. Tegart: Well, let me provide some clarity. The whistle-blower attempted numerous times to raise what are extremely serious concerns. But instead of investigating these serious allegations, she was fired, and the concerns were simply covered up.

The Premier has been aware of these serious allegations since March 4. What steps did he take?

Hon. J. Sims: I keep believing I am communicating clearly, but let me do it one more time. This was a constituency assistant. Constituency assistants are not government employees, and the constituency assistant’s last day at work, according to her own information, was on February 22.

She wrote a letter on the fourth of March, after having worked for me for six weeks. When the letter was received, the chief of staff to the Premier met with the executive director of caucus, because it’s the executive director of caucus who deals with constituency staff. The allegations were reviewed, and there was no evidence to support them. The matter was dealt with by caucus because that is the right place for it to be dealt with. This is an HR matter, and my colleagues across the way know it to be.

VISA REFERENCE LETTERS BY
CITIZENS’ SERVICES MINISTER AND
POLITICAL FUNDRAISING ISSUES

M. Polak: It’s not just an HR matter. It is also a matter of confidence and whether or not people can have confidence in this minister in terms of fulfilling her role.

We know from the email chain that’s been mentioned that Ms. Sattar, as the fundraising chair, also played a role in coordinating the visa sponsorship letters. That’s questionable, certainly. But now we also know from a further letter — this one that was directed to Elections B.C. — that Ms. Sattar was also involved, quite actively, at the constituency office and with constituency staff in developing what I can only describe as rather questionable fundraising practices involving an awful lot of crossover between the riding association and the constituency office.

[2:35 p.m.]

I’ll read in part from this, that this included a fundraiser organized by Rabina Sattar “to get the Chinese money.” It is described in the allegations as a cash-for-access event. That’s consistent with activities that we’ve known the minister to be a part of in the past and that she’s apologized for. Certainly, there are more and more questions every day to be answered.

I need — we all need — to hear from the minister how on earth she can justify that kind of behaviour between her riding association and constituency office.

Hon. J. Sims: Let me state that I help people because it’s my job as a representative. I’m an MLA. I do not take money for it. I’m offended that the opposition would spread these unfounded accusations, especially given their record of taking massive corporate donations themselves.

Our government banned big money and brought in the strictest political financing rules in Canada. And no such fundraising event was held or planned that my colleagues across the way talked about.

Mr. Speaker: The House Leader for the official opposition on a supplemental.

M. Polak: Well, unfortunately for the minister…. I won’t hold it up, because we’re not allowed to have props, but here on my desk, I have the program for the evening. In addition to that, we also have screen grabs of communication about it. So there was, indeed, an event being planned.

One more day, one more series of questions that need to be answered. The minister already has a history of breaking the rules. She has apologized for her fundraising behaviour in the past. She has apologized for breaking FOI rules in the past.

Now, we know that not only is this about an abuse of FOI but also that we have to wonder if the Premier can continue to have confidence in this minister. The Premier, last time, expressed profound disappointment himself.

I have to ask the minister. Is there any reason she thinks that the Premier should still have confidence in her as a minister?

Hon. J. Sims: Outrageous innuendos, implying things that are happening. I know the rules around fundraising. I know the difference between constituency and riding. Let me assure you that my focus is on providing the very best service for British Columbians. I do the work as a representative. I do not take money for that.

[End of question period.]

Petitions

S. Sullivan: I would like to table a petition of over 400 names out of 24,000 people very concerned about surtaxes on property. The petition is organized by a group called STEP UP and titled “Say no to new provincial surtaxes.”

S. Furstenau: I seek leave to make an introduction.

Leave granted.

Introductions by Members

S. Furstenau: In addition to the Concerned Citizens of Quesnel Lake, who I introduced before question period, Matthew Nefstead, the lawyer, is with the group as well.

Orders of the Day

Hon. M. Farnworth: In this chamber, I call committee stage debate on Bill 31, Police Amendment Act. In Committee A, Douglas Fir Room, I call continued committee stage debate on Bill M209, Business Corporations Amendment Act (No. 2), and in the Committee C, the Birch Room, I call continued debate on the estimates for the Ministry of Health.

[2:40 p.m.]

Committee of the Whole House

BILL 31 — POLICE AMENDMENT ACT, 2019

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

The committee met at 2:44 p.m.

Hon. D. Eby: Hon. Chair, we’re ready to go here. I have staff here, and we’re ready to hear the member’s questions.

Section 1 approved.

On section 2.

M. Morris: I’ve provided an amendment here.

[SECTION 2, by deleting the text shown as struck out:

2 Section 38.06 (3) is repealed and the following substituted:

(3) The chief civilian director may not appoint a person under subsection (2) if the person

(a) is currently a member of a police force or law enforcement agency outside British Columbia,

(b) is currently a member of the Royal Canadian Mounted Police, or

(c) was a member of a police force in British Columbia at any time during the 5-year period immediately preceding the appointment.]

On the amendment.

M. Morris: Basically, I’ll just sum it up. It’s eliminating section 2 of the bill, where it reverts back to the original state after a two-year period of time.

[2:45 p.m.]

I just want to just explain my concerns around this particular part of the bill. I honour the fact that the intention of the IIO is to become fully civilianized and be a fully civilianized organization that provides these kinds of investigations and this kind of support for the public. I think that’s important. The optics are important. The public deserves to know that there’s a fresh set of eyes that are independent of a police department that sit on an investigative body like this.

I look at a couple of different sections in the existing statute. The issue that I have…. It was made clear during the process, when we had the committee looking into the IIO a couple of years ago, that perhaps led to these amendments — concern from police organizations, for sure — that the expertise in the IIO was missing. When we consider the fact that we have a member’s livelihood at stake when they become a subject member under this statute and the IIO is looking into one of these incidents…. Unfortunately, somebody has lost their life or somebody has been seriously hurt, perhaps. But the implicated member — his or her livelihood is at stake.

The stress that’s involved by the extended and protracted investigations done by this particular unit, the stress caused not only to the member himself or herself, but the added stress on the family because they don’t know what really is going to happen at the end of the day as well…. I think it needs to be taken into consideration here. That’s one of the things that we looked at on the committee itself.

Part of the recommendation…. I’ll go back to the report that we put in, back on February 23, 2015. I’ll quote from the recommendations that the committee made at that time. “In exceptional cases, the chief civilian director have the discretion to appoint investigators who were former police or law enforcement members in other jurisdictions or in British Columbia within the past five years in order to provide special expertise to complete effective investigations….” The part that was added to this particular recommendation to provide that level of oversight: “And that, in such exceptional cases, the chief civilian director be required to notify the Ministry of Justice and provide a justification for the appointment.”

So we know that it’s not going to be done carte blanche. This particular part of the recommendations was put in there just so that it wasn’t a free-for-all in appointing members of police forces within that five-year limitation.

The other part of it that I’m concerned about with the bill in its existing form without this amendment is that under subsection 38.06(5) of the Police Act, it says: “The chief civilian director may retain consultants, experts, specialists and other persons the chief civilian director considers necessary to enable or assist the chief civilian director in exercising powers or performing duties of the chief civilian director under this Act.” So he or she has the authority to appoint whatever expertise he or she requires to get those investigations conducted.

If we revert back to the way the act states right now, where you can’t hire somebody within that five-year period of time, we’re excluding a lot of expertise that this section provides the ability to hire. By excluding those investigators who have been out for less than five years from the pool of expertise, I think we could be making a mistake here.

Having been heavily involved in criminal investigations in the past, it doesn’t take very long for your level of expertise and information that you have that you make your decisions on to become dated because things change so quickly. When we look at the amount of jurisprudence that’s emanating from every court level in the country on a routine basis that could change in an instant how an investigation is done, I think that needs to be taken into consideration.

[2:50 p.m.]

The other part of this as well and sort of one of the other recommendations that was made in the original report that I didn’t see in this particular bill, which would have provided a level of oversight as well, was the fact of the recommendation that we had in that same report: “That the Police Act be amended to require a comprehensive statutory review of the independent investigations office by a special committee of the Legislative Assembly at least once every six years.”

Again, that would have been another level of oversight. It should eliminate the fact that this arbitrary two-year period be placed in this particular act. So the amendment that I’ve put forward is basically eliminating section 2 of this particular bill, Bill 31, striking out just the numbers on the subsequent sections there and amending the schedule to eliminate that particular piece in the schedule.

I don’t think an arbitrary time limit of two years does the IIO any favours. It doesn’t provide the public with the necessary expertise in the IIO. I know there are some good investigators involved in that. I know they have training programs involved with the IIO to bring them up to speed. But this provides that extra ability to go out and find the technical requirements that are necessary for these kinds of investigations.

I’ve seen these where an investigator will attend the scene and examine the evidence, seize evidence. Of course, there’s all kinds of jurisprudence, and there’s direction on how that’s done. But the investigators also have to be finely trained enough so that when they get to that line and they realize that something could be criminal in nature, the entire aspect of that investigation changes — the requirements for various warnings under the charter, for the collection of evidence, for treating witnesses and suspects and whatnot. The whole element changes when you cross that line, and these folks need to have that level of expertise to understand that.

In order to be accredited and to get to that level of expertise, having somebody that has recent and extensive criminal investigational experience work beside them, as an apprentice, for a period of time until they become fully functional on their own is, I think, something that should be considered by the minister here. That’s one of the reasons why I put the amendment forward and would like to see it stand.

Hon. D. Eby: With respect to the member’s proposed amendment, the effect of the amendment would be to strip out a key provision of the act, which is the intention that the IIO become, ultimately, a civilianized body. I understood from the member’s remarks at second reading that this is something that he supported in principle, and his issue, as I understand it, is with the two-year period. He thinks it should be longer.

Well, actually, with this amendment, it appears that he thinks it should be forever, that, essentially, the goal of civilianization of the IIO is not one that is achievable, if this is what his amendment is aimed at.

Now, I agree with the member. I think it’s certain that the most qualified criminal investigators in British Columbia are police. They do these investigations. They have many years of experience doing these kinds of investigations. There is an exception to that, unfortunately. There were two….

This act, the IIO, didn’t show up because someone thought: “Let’s take investigations away from the most obvious qualified investigators.” It came out of two very high-profile public inquiries. The first was the Frank Paul inquiry, and the second was the Robert Dziekanski inquiry.

I agree with the member. The expertise among police in doing homicide investigations, in doing death investigations — unparalleled. Yet for some reason, in these two investigations, the investigators failed to use the videotape of the incidents to form their conclusions — in both cases. There was videotape of Frank Paul being dragged out of the VPD cells, yet the investigator’s report said he walked out under his own power. In the Dziekanski case, there was videotape of what happened at the airport. The RCMP account of what happened — completely at odds with that.

[2:55 p.m.]

The reason for that, in my opinion, is that it is very difficult for police to investigate themselves in these kinds of things. That is what the record shows from these public inquiries.

With the support, actually, of some very significant people in police, this agency was established to take the responsibility for these very serious investigations into a separate body. Broadly, it supported the idea that these not be police officers that have a history in British Columbia, who potentially have no other members or have a relationship with a particular force, but that these be, ideally, people who don’t have that kind of record in terms of relationships and daily interactions that can lead to those sorts of problematic investigations.

That was the idea behind the whole thing. The member wants to take that out with his amendment. I guess I don’t have to say it, but I will: I don’t support it. I support the goal of civilianization for the IIO, but I also recognize, as the member does and as many people do, that the IIO is not there yet. Civilianization is a work in progress. Ontario has struggled, as well, with their Special Investigations Unit and critiques of the investigations that have been done there.

This provision, these amendments as a whole, this package, is aimed at addressing a difficult issue. One is that the police generally support this idea of civilianization, as I understand the member does and as I do. Yet civilianization, in terms of training, major case management and other pieces, was not put in place when this body was struck by the previous government. So we’re in a situation where, unfortunately, we’re really back to, in some ways, the beginning of this organization again — a rebirth, if you will. Part of that means we have to bring on additional people that have experience in major case management and in investigations, just as the member says.

Police are able to do this work. It is a compromise, and the compromise is for a two-year period. There’ll be a significant number of people, hopefully, hired during this period that have that experience. They will continue their careers with the independent investigations office, and they will continue to provide the support, the mentoring and the training that the member is talking about. Ultimately, the independent investigations office is working on civilian training, and ultimately, there will be, as more and more provinces move to a civilian model, training across the country and exchange of people who are civilian investigators very well qualified to do this kind of work.

There’s just a shortage of people who meet the requirements under the act right now, so this two-year period is trying to strike the balance. I don’t support the member’s amendment to give up on civilianization. I don’t support the suggestion that we go longer than two years. Two years should give the IIO the time to do the hiring that they need, to bring in a critical mass of people to support with the training, with the goal of civilianization.

M. Morris: Just so the minister is clear…. I think we’re on the same page. They were just talking a little bit about the technical aspects of this. I’m not supporting that this amendment exist in perpetuity. What I’m saying is that it should be there to allow the IIO to hire that expertise, because every once in awhile, there will be a requirement to hire somebody with a specific skill set from the criminal investigative side of things that is more modern than perhaps the individuals that are doing the job already.

Keeping the amendment, under section 1, as the basis for doing that I think allows the civilian director to do that, at the end of the day. If I’m going to be proven wrong in this, and if there’s an abuse of this particular process, we’re not…. Right now we’re suggesting that the chief civilian director report to the minister whenever he does hire somebody within that five-year period of time. But if, at the end of the day, that other amendment that we were recommending, that another review be done every six years…. Legislatively, that would catch that.

That would give that opportunity to ensure that any of the deficiencies that are found, any of the abuses that we might see in the process, where individuals are hired where perhaps there were other qualified people on the civilian side of things to do the job…. They would have that opportunity.

I’ll just say it one more time — and I hear the minister say he doesn’t support this: I just think that we are limiting the ability of the chief civilian director to hire the talent necessary to complete these technically elegant investigations in a timely fashion, to satisfy the public but to protect the members that are involved in it themselves.

[3:00 p.m.]

This is their job; this is their livelihood. This is the rest of their life that is at stake, based on the quality of the investigators they have. It’s their families, it’s their mental health, and it’s everybody that’s attached to that. I’ve seen it. I’ve witnessed this many, many times. For people that are subject to these kinds of investigations, it is a load of stress on the family. I think this is one way to ensure that those investigations are done properly and quickly, as quickly as possible. It does give the chief civilian director the opportunity to have these options.

The Chair: Members, the question is the amendment to section 2 proposed by the member for Prince George–Mackenzie.

[3:05 p.m.]

Amendment negatived on the following division:

YEAS — 37

Cadieux

Bond

Polak

Lee

Stone

Coleman

Wat

Bernier

Thornthwaite

Paton

Ashton

Barnett

Yap

Martin

Davies

Kyllo

Sullivan

Morris

Stilwell

Ross

Oakes

Johal

Rustad

Milobar

Sturdy

Clovechok

Shypitka

Hunt

Throness

Tegart

Stewart

Sultan

Gibson

Letnick

Thomson

Larson

 

Foster

 

NAYS — 44

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

Sections 2 to 4 inclusive approved.

Title approved.

[3:10 p.m.]

Hon. D. Eby: I neglected to introduce the staff assisting me: Sherri Lee, the director of criminal justice policy, and Sarah Mason, senior policy analyst in the policy and legislation division. I very much appreciate their assistance.

I move that the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 3:11 p.m.

The House resumed; Mr. Speaker in the chair.

Report and
Third Reading of Bills

BILL 31 — POLICE AMENDMENT ACT, 2019

Bill 31, Police Amendment Act, 2019, reported complete without amendment, read a third time and passed.

Hon. D. Eby: I call Committee of the Whole, Bill 17, Environmental Management Amendment Act, 2019.

[3:15 p.m.]

Committee of the Whole House

BILL 17 — ENVIRONMENTAL MANAGEMENT
AMENDMENT ACT, 2019

The House in Committee of the Whole (Section B) on Bill 17; J. Isaacs in the chair.

The committee met at 3:16 p.m.

J. Rustad: Could I request a five-minute recess, please?

The Chair: A five-minute recess has been requested. Granted.

The committee recessed from 3:16 p.m. to 3:18 p.m.

[J. Isaacs in the chair.]

Sections 1 to 29 inclusive approved.

On section 30.

[3:20 p.m.]

P. Milobar: Just to be clear, I’m not sure about the member for the Green Party, but I have no questions on this bill. They were all answered in the briefing and in second reading. So if you want to do everything as a block, I have no objections to that.

The Chair: Thank you, Member.

Sections 30 to 49 inclusive approved.

Title approved.

Hon. G. Heyman: I move that the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 3:21 p.m.

The House resumed; Mr. Speaker in the chair.

Report and
Third Reading of Bills

BILL 17 — ENVIRONMENTAL MANAGEMENT
AMENDMENT ACT, 2019

Bill 17, Environmental Management Amendment Act, 2019, reported complete without amendment, read a third time and passed.

Hon. G. Heyman: Hon. Speaker, I call Committee of the Whole on Bill 30, Labour Relations Code Amendment Act, 2019.

[3:25 p.m.]

Committee of the Whole House

BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT, 2019

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

The committee met at 3:26 p.m.

On section 1.

J. Martin: Thank you, and welcome, Madam Chair, and the minister and the staff.

On section 1, can the minister tell us how lawful consumer leafleting won’t be used as a stalling tactic to unduly intimidate?

Hon. H. Bains: To the member: I think, when you’re talking about the changes here, we are bringing ourselves up to the Supreme Court of Canada’s decision, which, during the United Food and Commercial Workers Local 1518 v. Kmart Canada, 1999…. The court ruled that consumer leafleting constitutes an exercise of freedom of expression protected under the Charter. As the code definition of picketing encompassed consumer leafleting, it was overly broad and unconstitutional. So the proposed new definition, designed to meet the constitutional requirement…. This is to exclude consumer leafleting and to provide clear guidance to employers, workers and unions on what constitutes picketing for the purpose of the code.

J. Martin: Can the minister explain why, in this section, there is no definition of “construction,” as was recommended by the panel?

[R. Chouhan in the chair.]

Hon. H. Bains: When we sent this report out for further consultation, no stakeholder asked that the definition should be there. But those who did said that it was not inclusive enough. It excluded some of the sectors from construction.

[3:30 p.m.]

The way we are doing it…. We are leaving it out, because construction has been defined already by the labour relations jurisprudence over the years. We know that the labour board is the right place to continue to work on that area, defining what construction is and what construction is not.

Section 1 approved.

On section 2.

J. Martin: Can the minister explain why he’s adding a new provision that he “must appoint a committee of special advisors to undertake a review of this Code” every five years, when he can already do this with the existing provisions in section 3 of the code? In fact, the minister can appoint a committee of special advisers that could provide him with an evaluation every 12 months if he chose. In other words, there’s nothing preventing the minister from properly utilizing the review process as is.

Hon. H. Bains: First of all, that was the recommendation of the panel. And the reason is, Member, that just because the language was there for 27 years…. No review took place. I think the panel felt — because of the changing nature of work these days, how work is changing so fast — that there should be, at least every five years, a review to reflect the changing nature of the world, of workplaces.

The needs of the workers change. The needs of the employers change. We see the economy changing. So I think they are saying that we should be doing at least five years, rather than leave it like what happened for 27 years, where nothing was reviewed.

Section 2 approved.

On section 3.

J. Martin: Thank you for the previous response from the minister.

On section 3, why is the provision in section 6(1), which provides for the right of a person to communicate on any matter — which I note is being amended in the next section of this amendment bill — being removed?

It appears that through the earlier amendments that provide for “lawful consumer” and the amendment here that removes the right of a person to communicate on any matter, the government is actually broadening a union’s ability to communicate, while simultaneously limiting an employer’s ability to communicate.

Hon. H. Bains: I think the panel was very clear. The panel heard from all stakeholders. I think almost everyone agreed that the decision to join a union or not to join a union should be solely of the worker and that no one should be influencing that decision or stop them as far as joining a union, by coercion, by intimidation.

The language that in 6(1) was there…. That would allow, somehow, when you read that along with section 8, the next one…. The first one says: “Except as otherwise provided in section 8, an employer or a person acting on behalf of an employer must not participate in or interfere with the formation, selection or administration of a trade union….”

[3:35 p.m.]

So when they recommended that the language that was there was too broad…. That allowed an employer to engage in anti-union activities and approach, and that caused a lot of problems for both sides. There were all kinds of unfair labour practices as a result of that, so they are making it much, much clearer, with language that used to be there before 2002. They are saying that the workers’ right to join a union should not be impeded by someone trying to coerce them or intimidate them.

The previous language was quite vague. It allowed that to happen, so they are tightening the language. That gives the opportunity to the worker to make their own decisions rather than being influenced by anybody else.

Section 3 approved.

On section 4.

J. Martin: This is fairly detailed, what I’m going to ask, so please bear with me on section 4.

In lieu of an employer being able to provide information, it would default to the board. How does the minister expect the board to provide information in a timely manner to an employee looking for a quick response, especially if the time frame for representation votes is being reduced from ten to five business days?

Is replacing the employer with the board an equitable substitute? That would now require a person to call the board, likely after they’ve left work, likely having to leave a message for someone on the board to return their call and then, hopefully, being able to take the return call, either when they’re at home or if it’s on their mobile, this being a convenient time and, ideally, in a private setting so the person can engage in a conversation.

It would seem far more likely that a person would pop in after work to ask a question of their employer and be on their way than go through this call-to-the-board process.

Hon. H. Bains: I think when the panel was hearing and taking presentations from all different sides, they actually wrote, on their page 8, to address exactly what the member is asking. I’m going to quote that, and I hope that that will help the member. They said:

“We agree informed employee choice is important, and we understand an employer’s interest in responding to employees’ questions about the certification process. However, the interests of employers and employees are distinct and not aligned. It is difficult for employers to provide objective, neutral information that best assists the exercise of employee choice. The board is a neutral body and, therefore, is better able to provide that information. To fulfil that role, the board will have to update its existing information guidelines and website, provide information in different languages and have more information officers available.”

I think that’s what they recognized.

Also, Member, you know that freedom of speech does not actually work here if an employee wishes to join a union and there is no such opportunity for employees to have that debate without consequences. Those who would openly talk about a union, they know, and it’s recognized in the history, that those employees end up losing their jobs, in most cases.

[3:40 p.m.]

I’m suggesting — and I agree with the panel’s report and their research — that the interests of employers and employees are distinct and different. Therefore, an employee cannot rely on information provided by the employer.

The labour board is neutral, and that’s where you will get objective information without any slant, one way or the other.

Section 4 approved.

On section 5.

J. Martin: On section 5. With the addition of subsection (4.1) to section 14 of the code, why have sections 10, “Internal union affairs,” 11, “Requirement to bargain in good faith,” and 12, “Duty of fair representation,” been removed as prohibited acts when a board is considering certifying a trade union despite a failed representation vote?

Hon. H. Bains: Member, this section talks about, as was recommended by the panel, that if an employer violates those sections and they’re found to have violated, then there is a remedial certification that applies there. A board may give them a remedial certification.

What sections 10, 11 and 12 talk about…. They’re talking about something different. That doesn’t apply to this section here. Sections 10, 11 and 12 talk about internal union matters — fair representation and internal union matters. Those are dealt with somewhere else. The board may rule…. If the union is contravening those sections, then the board will make a decision accordingly and deal with those issues at that time.

Section 5 approved.

On section 6.

[3:45 p.m.]

J. Martin: Why has the government opted, once again, to deviate from the panel’s recommendation to provide different rating provisions for the construction sector compared to all other sectors?

Hon. H. Bains: This was very clear. I think right now, if you look at it in construction, the raiding is allowed every year. But the panel heard from stakeholders. They came back with a recommendation in one area. They came back with a recommendation that it should be the third year. If the collective agreement is three years, then it’s on the third year. If it’s longer than three years, then the third year and every year thereafter.

When we sent this for further consultation, we heard from the stakeholders that most construction projects last two years or three years. So if you put that provision in there that you could only raid in the third year, and the employees choose to change unions, it’s about employees. It’s about workers. It’s not about anybody else.

If the worker chooses to change their union and their certification, then they will not have that opportunity in construction, because most of those contracts are two years or three years. Most of those projects are two years or three years. Compared to all other…. You know, if you have a manufacturing facility, that is there forever. So every third year, for the stability, makes sense — the third year and every year after that. So for that reason, we are keeping it.

After further consultation, we’re saying that in construction, an employee can change their union every year. But they also came back that it should be in July and August. Now, the current language is the seventh and eighth month of the collective agreement. The seventh and eighth month could be in July and August. The seventh or eighth — the collective agreement — could be in January or February, when hardly anybody is working in construction.

Again, it’s the uniqueness of the construction industry. It is recognized not only here but across all jurisdictions in Canada. There are different provisions for construction in different places, so that’s why we’re suggesting that we keep July and August, because a majority of the workers should have the right to decide their representation vote. So July and August are kept, but for construction, because of uniqueness, because of the short period of their projects, we’re saying that for that particular industry, the opportunity to change their union every year makes sense.

J. Martin: I appreciate the response, Minister.

The Labour Relations Code Review Panel remarked: “…raids are divisive and disruptive to employers, unions and employees.” Hearing considerable support from unions and employers to reduce the frequency of raid, the panel recommended to reduce the frequency of the open period for the raids to the seventh and eighth month of the third year of the last year of the collective agreement, contingent on the length of the collective agreement. As just stated by the minister, for the construction sector, to July and August of the third year or the last year of the collective agreement, depending on the length of that agreement.

Can the minister explain how he can justify the amendment in this act allowing the construction unions to be raided in July and August of each year of their collective agreements? How is that not divisive to employers, unions and employees?

Hon. H. Bains: There is no doubt that when workers decide to join a union, there is that debate that goes on. When workers decide to change union and certification, there is that kind of uncertainty. There’s no doubt about that.

[3:50 p.m.]

When one union raids on another one, it is very divisive. It can be very disruptive, no doubt. That’s why we agreed with the panel’s recommendation everywhere else that if they are in a collective agreement that is three years long, then only the third year could you raid. But if it’s longer than three years, then the third year and every year after, we could do that. But in construction, because of the reason I’ve given you, most projects are two years or three years long, and those employees, those workers, then, will never have the opportunity to change union membership if they wish to.

It is about those workers, and we heard from workers. We heard from the representations, and that’s why we’re saying the uniqueness of the construction, because of the short period of projects…. That’s why we decided that in that sector, every year — which is the case today — makes sense.

J. Martin: Can the minister cite the other jurisdictions in Canada that have a more frequent open season for raiding that applies solely to construction?

Hon. H. Bains: I can tell the member that in other jurisdictions, there are unique and separate provisions in the labour code. We don’t have that here. For example, there are other jurisdictions where they have sectoral bargaining, so they deal with issues differently, and our industry is, again, different. That’s why, currently, in construction, raids are allowed every year. So that’s why I’m saying that we decided that we should keep it, after receiving further consultation — that we should keep construction a little bit different, but also agreeing with the panel’s recommendation to have that raid in July and August, when most of them are working. That’s the difference between other jurisdictions and us.

J. Martin: Can the minister cite the specific data that was used to base this decision on to have more frequent open seasons for construction? What was it based on — what data?

Hon. H. Bains: We listened. This is the input that we received from those people who work in the industry. Those are the people who understand what goes on out there on a daily basis.

[3:55 p.m.]

Member, you know that when we put this panel together, they went around the province. They listened to everyone. They had their input from industry, from workers, from unions, from academics, from the law practitioners and all those. And they came back with a recommendation. When they put that together, their report, we sent it out again for further consultation so that we get the information and the input from people who actually work in those industries, all kinds of different industries that are covered in the labour code.

That’s the input we received: that construction is unique. We all know construction is unique, different than manufacturing plants. Other jurisdictions, again, because of the uniqueness, have different provisions in their labour code. That’s what we considered. We considered the recommendations and the suggestions from those who live, work and make their living in construction.

J. Martin: Projects don’t get raided; companies get raided. Companies typically have ten, 20, maybe 30 projects going on simultaneously. Has the minister taken into account the degree of instability and problems that are presented with an annual open season allowing for such frequent raiding?

Hon. H. Bains: Member, today they can raid every year. So when the recommendations came — that in construction, a raid could take place in the third year in a collective agreement that is three years long, and in every year thereafter, if the collective agreement is longer than three years — we received the input, and we were advised that this is a mistake. This is taking the opportunity from those members who wish to change a union. In construction, they will not have that opportunity — or very little opportunity, if the projects are only two years long or three years long.

I think that’s the issue here, and we are trying to address that issue through consultation and through the input that we received from those people who work in the industry.

J. Martin: With respect to the projects that come under the community benefits agreements — where there are no-raid agreements between the unions, presumably because it would be disruptive — what impact are the changes to raiding going to have on the major infrastructure projects that come under the community benefits agreements?

Hon. H. Bains: What unions agree among themselves is up to them. The labour board has nothing to do with that. If those unions wish to raid each other at some point, then the labour board will make their decision, based on the labour code that we are talking about.

[4:00 p.m.]

J. Martin: Hypothetically, could an independent union, or a union that is not covered under a community benefits agreement, raid during one of those projects?

Hon. H. Bains: If one union decides to raid another union or the members decide to change unions, whether there’s a community benefits agreement or not, they have that opportunity. Then the labour board will have that application, and they will deal with it according to the law.

G. Kyllo: I propose to introduce an amendment to Bill 30, the Labour Relations Code Amendment Act, 2019.

The Chair: Proceed.

G. Kyllo: The amendment that I’m moving…. Bill 30, Labour Relations Code Amendment Act, 2019, is amended as follows:

[SECTION 6, by deleting the text shown as struck out and adding the underlined text as shown:

6 Section 19 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Subject to subsection (1.2), if a collective agreement is in force and is for a term of 3 years or less, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit

(a) during the seventh and eighth months in the last year of the term of the collective agreement, or

(b) during the seventh and eighth months in each subsequent year of any continuation of the collective agreement.

(1.1) Subject to subsection (1.2), if a collective agreement is in force and is for a term of more than 3 years, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit

(a) during the seventh and eighth months in the third year of the term of the collective agreement, or

(b) during the seventh and eighth months in each subsequent year of the collective agreement or any continuation of the collective agreement.

(1.2) If a collective agreement is in force, a trade union claiming to have as members in good standing a majority of employees primarily engaged in construction work in a unit appropriate for collective bargaining may apply to the board to be certified for the unit during July and August in each year of the collective agreement or any continuation of the collective agreement. , and

(1) Except in the case of construction,

(a) if a collective agreement is in force for a term of 3 years or less, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit during the seventh and eighth months of the last year of the collective agreement, and

(b) if a collective agreement is in force for a term of more than 3 years, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit during the seventh and eighth months of the third year of the agreement and thereafter in the seventh and eighth months in each year of the collective agreement or any continuation. ,

(b) inby repealing subsection (2) by striking out “subsection (1)” and substituting “subsections (1) to (1.2)”. and substituting the following:

(2) In the case of construction,

(a) if a collective agreement is in force for a term of 3 years or less, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit in July and August of the last year of the collective agreement, and

(b) if a collective agreement is in force for a term of more than 3 years, a trade union claiming to have as members in good standing a majority of employees in a unit appropriate for collective bargaining may apply to the board to be certified for the unit in July and August of the third year of the collective agreement and thereafter in July and August of each year of the collective agreement or any continuation. , and

(c) by adding the following subsections:

(3) Despite subsections (1) and (2), an application for certification may not be made within 22 months of a previous application under those subsections if the previous application resulted in a decision by the board on the merits of the application.

(4) Unless the board consents, a trade union is not permitted to make an application under this section during a strike or lockout.]

As well, hon. Chair, I have a number of comments I’d like to make with respect to the amendment.

The Chair: Carry on.

On the amendment.

G. Kyllo: “Change in union representation,” or what’s commonly referred to as raids, under section 19, is extremely important. It doesn’t just affect the construction trade.

[4:05 p.m.]

When we have a look at the need for fairness in treating workers and having the same ability for workers in order to determine under which union they may wish to associate, the ability for workers to change unions is a fundamental democratic right that needs to be protected. This right needs to be balanced with the principle of stability, which the minister rightly notes as the primary motivation for his proposed changes.

The government appointed a review panel that took into consideration this balance. That panel, with no dissenting opinion, made a recommendation back to government to move the raiding period — that period in which workers have the ability to select another union — to once every three years. The government outright deviated from the panel’s recommendations in carving out the construction industry, where they believe it is appropriate to have a raiding period each and every year.

As my colleague the critic for Labour, the member for Chilliwack, indicated, it is not the companies that are raided; it’s the workers themselves. The companies, as the member for Chilliwack indicated, may have ten, 15 or 20 different projects under construction at any given time. You look at large companies, like Kiewit or Ledcor. The project is not what actually gets raided; it is the company and its workers. When the minister makes the argument with respect to the fact that projects have a shorter duration, it is not the project which is raided. It’s actually the company and the representation of those specific workers. I think that’s a very important point that British Columbians should be well aware of.

Referring back to the panel’s very language, a verbatim lift from their report: “Raids are divisive and disruptive to employers, unions and employees. In the public consultation process, there was considerable support from unions and employers for reducing the frequency of the open period for raids to correspond to other Canadian jurisdictions. The annual open period in B.C. is the exception in Canada.” These are remarks by the panel that provided recommendations to government.

Now why would this government see fit to deviate from what every jurisdiction has in play? Even more pointedly, why would this government see fit to deviate from the unanimous recommendations of a panel that they appointed?

The panel’s commentary goes on to say: “The development and evolution of a productive bargaining relationship requires time. In the case of a newly certified bargaining unit, the possibility of a raid immediately after certification is problematic. In our view, the frequency of open periods in other Canadian jurisdictions provides a more balanced approach which recognizes the disruptive effects of raids.” Again, it begs the question: why would this government believe they know better than every other jurisdiction in Canada? Why would this government believe that they know better than the expert review panel that they selected?

There is thick irony in this discussion about employee choice. The B.C. Federation of Labour unions, including the Building Trades unions, will speak affirmatively about an employee’s right to choose. Interestingly, they have all banded together to create what are known as non-raid pacts. That is to say, if employees are experiencing poor service with one of the B.C. Federation unions and ask another B.C. Federation union to represent them, they will say, “No, work within your existing union,” effectively denying employees a choice.

The only target of this legislation, then, is quite obvious: the independent unions that do in fact give their members the ability to choose. The B.C. Fed unions have donated millions of dollars to this government over the years, and perhaps, this is where we are seeing some indication of the motivation for this legislation.

Now, consider the impact of this legislation through the lens of some examples. A school or hospital in B.C. is about to be built by a contractor who has just recently been certified by a union. The contractor negotiates a three-year collective agreement with its signatory union in June of this year. It has a number of projects it is building in the province. In early July, the incumbent union is displaced through a raid.

[4:10 p.m.]

The new union applies to the labour board to have the collective agreement terminated, via section 27(1). The labour board terminates the agreement in late July. By the end of October, 90 days later, the agreement is terminated. The contractor has absolutely no certainty on costing, the employees do not know what their future holds, and the union is in a legal strike position. Is this the sort of instability that government anticipated when they drafted this specific legislation?

Another example. The first piece of Highway 1 expansion between Kamloops and the Alberta border has been tendered. This work is subject to the government’s project labour agreement program, the so-called community benefits agreement. Now, let’s just assume for a moment that the work commences this summer. If the workers on this project were to choose to be represented by another union this July, are we to understand that the effect of the legislation is that the new union could apply to the labour board to have that agreement terminated, thus ending the agreement between the B.C. Infrastructure Benefits Inc., the Crown corporation, and its group of selected unions, the Allied Infrastructure and Related Construction Council of B.C., some 90 days later?

The government went to some lengths to create a monopoly for its building trades union friends, and now they’re introducing legislation that could see that entire model crumble, creating huge uncertainty for the government, the affected employees, the contractors involved, and likely leading to cost escalation. The NDP’s likely defence of an annual open season in construction goes like this. Employees working on a construction project that has a duration of, say, two years would not get an opportunity to change unions over the course of that project if open season frequency were to be three years in construction.

Again, keep in mind that the annual open period in B.C. is the exception in Canada, according to the panel’s own report. And keep in mind that the panel unanimously recommended an open period every three years for all sectors, including construction.

Now, let’s be generous and put that aside for a moment. Even if we were to explore the line of thinking the government is putting forward, it is extremely difficult to suggest that employees’ freedom to choose their union has been rightfully denied due to the fact that they might not be positioned to change unions within that two-year period. This group of employees would have already voted on an agreement and for their new union.

Furthermore, a project is not subject to a raid. Rather, all employees of a company are included in a raid. The vast majority of construction companies doing work in this province have more than one project in the province underway at any given time. It is also the rare exception that a construction company parachutes into a province, does one project in less than two years and leaves again. That is just not the norm. This rationale for this proposed legislation is deeply flawed. It’s being defended on the basis of addressing a problem that doesn’t exist.

Hon. H. Bains: I ask to have this section stood down for a period of time. We’ll continue on with the rest of the sections, because I think we need to review the amendment.

The Chair: That’s fine. Let’s move to section 7. Section 6 is now stood down, with the proposed amendment. The minister will review it, and we’ll get back to section 6 as a proposed amendment.

Now we’ll move to section 7.

Section 6 stood down.

On section 7.

A. Olsen: I’d just like a five-minute recess, if possible, please.

The Chair: This House will be in recess for five minutes.

The committee recessed from 4:14 p.m. to 4:16 p.m.

[R. Chouhan in the chair.]

J. Martin: Can the minister, in some detail, explain why we are proposing to move the time period for a representation vote from ten to five business days?

Hon. H. Bains: The panel was very clear. They are saying that we should bring ourselves to the other jurisdictions in this particular area. They believe that this is a time when there is quite a turmoil. When employees decide to join a union, there’s uncertainty, so it’s felt that the process should be faster and have a quick end to it. Many other jurisdictions are five days to seven days, and we’re the only one at ten days. They decided that that period should be shortened to five business days. That’s why they recommended it. They were unanimous on this, by the way. That’s why we accepted those recommendations.

J. Martin: Does the minister have a record — let’s say in the past two years — of how many representation votes were impacted by improper interference during the ten-day period, which warrants shortening it?

Hon. H. Bains: I can tell you that the panel did very thorough research on this thing. They didn’t talk about the last two years; they took the data from between 1990 and 2007. They found that 254 unfair labour practices complaints were filed with the board, of which 197 were against the employer, 54 against the union and three against an individual.

[4:20 p.m.]

Of the 197 complaints filed against the employer, 152 were found to have been wholly or partially meritorious, and over 90 percent of the complaints and findings of code breaches involved either unlawful termination or communication during the organizing drive, or a combination of the two.

They looked at the data. They looked at how disruptive it can be. And there are examples. I think if you look at and listen to some of the presentations that they received…. There is a certification process. They cited an example of a person getting fired three times during the one certification, despite the fact that the board ruled that that was against the law, that they should hire him back. They would hire him back, fire him again. Hire him back, fire him again.

So there are those types, but I’m talking about the extreme cases here, right? Those are some of the things that hap­pened. I can tell you: I was an organizer in my life, and I’ve seen that happen.

I think the idea here is that once the employee makes a decision to join a union of their choice, then that process should be quick, should be fair and should be without any interference from anybody.

J. Martin: What consideration has been given to the potential impact this would have on those rare cases of mail-in votes?

Hon. H. Bains: It’s again keeping with the same principle of having that process go through in a speedy way so that there is certainty at the end of the day. They feel that…. Clearly, the report suggested that mail ballot votes are problematic, contribute to delay and should be only an exception. There are times when you need mail ballots, so they’re giving that opportunity, but it should be an exception rather than the rule.

If both parties agree that the situation warrants mail ballots because of remoteness and maybe different situations, then the board will allow that. But I think for most of it, what we’re talking about is to speed up the system both for the employer and employee and bring that certainty so that they can move and on continue on with their business.

J. Martin: Can the minister enlighten me on how these mail-in representation votes are determined? Does it happen from the union only? An employer only? Is it the board? How does this actually get determined?

Hon. H. Bains: Again, this is not a choice of either party. I think the language is very clear: “The representation vote may be conducted by mail only if (a) the trade union and the employer agree, or (b) the board is satisfied exceptional circumstances exist requiring the vote to be conducted by mail.”

G. Kyllo: With respect to the numbers that the minister provided with respect to infractions that were undertaken, is the minister able to share with us the time period in which those infractions occurred? The minister referenced a number of infractions that took place, apparently within the ten-day period. I’m just wondering if the minister can share with us what percentage of those infractions happened on day 6, 7, 8, 9 or 10, or if there is just an assumption that by shortening the period, somehow, miraculously, these infractions will go away.

[4:25 p.m.]

Hon. H. Bains: Member, the panel didn’t go: “Day 1 it happened. Day 2 it happened. Day 10 it happened.” What they found was that it does happen.

Now the parties know they have ten days. Within those ten days, they could choose whenever. They could do it the first day, the second day or the eighth day. They could do that. Now, when you shorten it, you shorten that period. You shorten that window for them to engage in unfair labour practices. So that’s what the panel found out. That is what they’re recommending. It was unanimous.

G. Kyllo: I think, as the minister has indicated, the infractions could occur during any day. The timing, with respect to when the application is actually made, is clearly in the hands of the union organizers. It is not the company that chooses by which date the application is going to come forward. So we see an imbalance of power here, where the union organizers that are trying to move forward for unionization have the power of determining whether they’re going to drop that application on a Monday or a Tuesday or a Friday, or maybe right at the head or the start of a large construction project.

There is certainly opportunity that comes with the timing by which that application is submitted. It is not an application that is negotiated between the union organizers and the company. So we see clearly where the union organizers have the privilege and the opportunity to determine the timing of when that application is submitted. In order to jam the time frame by which the company has an opportunity to respond and to communicate with its employees, the current ten-day period, from the minister’s own admission, has not been able to identify why a shortened period would actually reduce the number of infractions.

The infractions may occur over a shorter period of time. But there is nothing that is stating that by the reducing the period of time by which the company has an opportunity to engage and to speak to its workers with respect to the impacts and implications of unionization…. There is nothing that the minister has shared with us that shows that reducing that time will in any way, shape or form reduce the frequency or the number of infractions.

When we’re looking for balance, when you have the clear opportunity, the privilege of the union organizers to determine the date by which they actually make their application…. I think that by further restricting the time by which an employer has an opportunity to converse with their workers and to talk about the implications — maybe positive, maybe negative….. But by reducing that time, I think further restrictions reduce the opportunity for employers to engage with their workers.

Again, if the minister has any data…. The minister did indicate that he has data to support the decision. Is the minister able to share with us the frequency by which the infractions occurred, whether they were predominantly within the first five days or on days 6, 7, 8, 9 and 10?

Hon. H. Bains: Let’s look at what the panel said after listening to stakeholders. It’s not about the member; it’s not about me. It’s not me, as was done by the previous government, who sat behind a desk and rewrote the labour code without any consultation in 2002.

We took a different route. We went around. As a result of that consultation that the panel took…. They did their own research, looked at other jurisdictions and came back with the recommendations — unanimously, I might add. This is what they said: “The shorter time within which a vote must be taken will be more consistent with other Canadian jurisdictions, will limit the opportunity for improper employer interference and will permit sufficient time to arrange the vote.” They mention which jurisdictions and how many days.

[4:30 p.m.]

Then they went on to say this. The panel stated: “The exercise of employee choice through certification votes must be protected by shortening the time frame for votes, ensuring the expeditious and efficient processing of certification applications and unfair labour practice complaints, together with expansion of the board’s remedial authority. If these enhanced measures are not effective, then there will be a compelling argument for a card check system.”

This is how serious they were — looking at what happens during those ten days. It is disruptive, no doubt. It is divisive, no doubt. That’s why they’re saying, “Let’s give them a shorter time to break the law” — those who have done in the past and those in the future who come in that situation. And employees will know whether they have a union or not. The employer will know whether they have a union or not in a short period of time — expeditiously so that they can get on with their businesses.

That’s what the panel heard and their own research showed, looking at other jurisdictions. They suggested this is the right thing to do, and I’m complying with their recommendation.

I move that the committee rise, report progress and ask leave to sit again.

Motion approved.

The committee rose at 4:31 p.m.

The House resumed; Mr. Speaker in the chair.

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

Report and
Third Reading of Bills

BILL M209 — BUSINESS CORPORATIONS
AMENDMENT ACT (No. 2), 2019

Bill M209, Business Corporations Amendment Act (No. 2), 2019, reported complete without amendment, read a third time and passed unanimously on a division. [See Votes and Proceedings.]

[4:35 p.m.]

Hon. M. Farnworth: In this chamber, I call continued committee stage on Bill 30, the Labour Relations Code Amendment Act, and in the Douglas Fir Room, I call committee stage on Bill 19, the Energy Statutes Amendment Act.

[4:40 p.m.]

Committee of the Whole House

BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT, 2019

(continued)

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

The committee met at 4:43 p.m.

The Chair: Calling the committee back to order on Bill 30, Labour Relations Code Amendment Act, 2019. We can take a five-minute recess.

The committee recessed from 4:44 p.m. to 4:48 p.m.

[J. Isaacs in the chair.]

On section 7 (continued).

J. Martin: Just one final inquiry on section 7, if I may. Can the minister cite the jurisdictions in Canada that have a five business day period for certification?

Hon. H. Bains: Ontario has five days.

Section 7 approved.

Hon. H. Bains: Madam Chair, I suggest that section 8 stand down, because the parties have not had an opportunity to look at this yet. We’ll continue on, but section 8 stand down.

[4:50 p.m.]

The Chair: Is it agreed that section 8 will be stood down?

Section 8 stood down.

On section 9.

J. Martin: With respect to the time period changing from ten days to five business days, there’s also the issue of the representation vote for revoking of bargaining rights. That’s also being changed from ten to five days. Can the minister elaborate on what’s behind this?

Hon. H. Bains: Member, it is the same rule when you are applying to acquire certification. You know, the panel recommended five days, but the same applies if employees choose to be certified. The application is made that the vote should take place, just as the certification process, within five days.

J. Martin: In a similar vein as when we were discussing the similar issue earlier, is the minister able to, as he did before, give us some indication of how frequently this has happened in the last two years, or over the time period — I think 1990 to 2004 — that he used previously?

Hon. H. Bains: Member, this is about standardizing and creating a balance. They felt that if the employees decided to join the union, then they made rules that the ten days should be reduced to five business days. The same thing if the members decide to decertify. They believe the same standard should apply. Therefore, the vote will take place within five business days if the employees apply for decertification.

J. Martin: Is this an anomaly, or is this consistent practice in Canada?

Hon. H. Bains: I imagine the other jurisdictions have a similar position to acquire or revoke union membership. The same standard, the same timeline applies. So if they have five days to apply for certification, there are five days for decertification. Others may have seven days for certification, and then I imagine that there will be seven days for decertification as well.

J. Martin: By extending the period during which an application for revocation of bargaining rights, following the certification of a union, or a refusal to cancel the certification by the board — changing it from ten months to 12 months…. What’s the rationale? Is this the practice in other jurisdictions?

[4:55 p.m.]

Hon. H. Bains: I think the panel felt, and they listened…. They believe that the following decertification vote…. The 12 months is a much more reasonable time for the union and employees to establish that relationship and bargain with the employer. So that’s why they believe ten months should be changed to 12 months — to give them a couple extra months.

Section 9 approved.

On section 10.

J. Martin: So to section 10. With the addition of subsection (0.1) to section 35 of the code…. It allows for prescribed services. Which services, sectors or industries are being considered for inclusion in this prescribed list?

Hon. H. Bains: That will be decided. It means it gives the minister an opportunity in the future if — because of the changing nature of the work, the changing nature of our economy — the ones that are listed here above…. If there is an industry or a group of workers who is not covered by this in the future and they made submissions and the parties felt that that should also be included in a successorship, that would give us the power to listen, and we could add through OIC to this group.

J. Martin: I’m just wondering a little more how this process actually would take place — other sectors and industries being added to the list. It could be complaint-driven. It could be consultation-driven. I guess it could be based on data from the employment standards branch. Maybe it’s based on breaches of the standards act.

Is this going to cover publicly funded services, or will privately funded services be included?

Hon. H. Bains: Member, you know the same process will follow as we’ve seen in the last number of years. There were a number of different situations.

The health care sector was one area and janitorial was another area, where you heard, time and again, of situations where workers would join a union. The new contractor comes in, and then those same workers provide the same service sometimes using the same equipment, sometimes providing service to the same people, working at the same place. They were required to reapply for their jobs many times. Well, not many times.

[5:00 p.m.]

Their collective agreement was not recognized so they had to recertify, reapply for their jobs. We heard that time and again. I’m sure the members on the other side heard those stories as well. That’s what the panel heard, and the panel recommended that those should be included for successorship.

The same could apply going forward. The panel actually came back with this recommendation that we should watch what’s going on out there because the work is changing. Therefore, when we see there’s an area or a group of workers…. It’s a developing…. They’re facing the same situation as the other area that we’re trying to cover here. Then we would have the power, at that time, through consultation, of course, and we could make changes and add them for successorship protection as well.

Section 10 approved.

On section 11.

J. Martin: What other jurisdictions have the same proposed 12-month period during which an employer is not to increase or decrease the pay of an employee or alter any other term or condition of employment while a new collective agreement is being bargained?

Hon. H. Bains: I’ll just read this to you:

“All Canadian jurisdictions have statutory freeze provisions with a range of time frames. Ontario, Canada and Quebec impose a freeze from the date of an application for certification until strike/lockout or a first collective agreement has been concluded. In Nova Scotia, a freeze is imposed from the date notice to commence collective bargaining is provided until a collective agreement is concluded or seven days following a report of a conciliation officer. Saskatchewan imposes a freeze from the date of an application for certification until collective bargaining has occurred. Alberta and Manitoba impose a freeze for 90 days following the granting of a certification.”

All the different jurisdictions have all different time frames, but they all have this position that there should be a freeze on wages and working conditions following when the certification is granted. Again, it is to respect the process of certification and free collective bargaining.

J. Martin: The Labour Relations Code Review Panel cited a 1998 recommendation that “the freeze period reflect the average amount of time required to negotiate a first collective agreement.” It was deemed at eight months at that time.

Currently what’s the average time period required to negotiate a first collective agreement in B.C.?

Hon. H. Bains: There is no time frame in the code that requires you to…. You must have a collective agreement within a certain time frame.

Let me tell you what the review panel said. “The current four-month freeze period under the code…is insufficient…. In our view, 12 months is a more reasonable amount of time to establish a relationship and to bargain a first collective agreement. In addition, if an application has been made under section 55, the freeze should continue until the process has been completed.”

I think what the panel felt…. Give the parties an opportunity to have good-faith bargaining and a free collective agreement negotiated so that they could start to develop a long-lasting relationship. Now the union and employer need to work together so that they could start looking at what is needed to make that company more efficient, rather than continue to be engaged in bargaining for this time during the certification period.

In order to…. Keep the working conditions and wages the same so that there’s no indication, directly or indirectly, that somebody was trying to influence the outcome of the collective agreement.

[5:05 p.m.]

T. Shypitka: I seek leave to make an introduction.

Leave granted.

Introductions by Members

T. Shypitka: In the gallery, I’m proud to introduce two community leaders from Kootenay East region. Representing the Community Connections Society of Southeast B.C. are Gwen Noble and Kim Levie. Community Connections provide a wide spectrum of support to individuals and families, as well as enhancing the well-being of the diverse people of Kootenay East. They do quite a bit for us in the region — everything from Bellies to Babies to senior support to Collective Kitchens. You name it; they support it. I’m really proud to introduce them in the House. Would the House please welcome them.

Debate Continued

Section 11 approved.

On section 12.

J. Martin: To section 12, does the minister have any data as to how many collective agreements have not been filed with the board?

Hon. H. Bains: I think that the panel was quite alarmed to look at how many unions and companies were not filing their collective agreements with the board. They are saying that in order to make that system work, you must. If you don’t, there are consequences. So I think it’s important that all collective agreements are filed. That’s why they’re suggesting this change, because it helps to know exactly where both parties are, what their collective agreement is, so the board, for the future, can help them sometimes navigate their very, very tough situations when they come before the board.

Not knowing what was a previous collective agreement actually delays the whole process of mediating and solving those problems.

J. Martin: Besides the suggested amendment of “the board may decline to consider the collective agreement in any proceeding before the board….” If a collective agreement is not filed with the board, what would be the monetary penalties for failing to comply?

Hon. H. Bains: There’s no monetary penalty here. I think basically what they are saying is that if you don’t file, you cannot rely on the collective agreement for future disputes or help from the board.

Section 12 approved.

On section 13.

J. Martin: How often has a facilitator been appointed “to assist in developing a more cooperative relationship between parties”?

Hon. H. Bains: Under section 53(5), 23 were filed in 2018, and 12 were filed in 2017.

Section 13 approved.

On section 14.

[5:10 p.m.]

J. Martin: Section 14 — under what circumstances could an application for the appointment of a mediator to assist in developing an adjustment plan be denied? What would be the follow-up? What would be the next step if it was denied?

Hon. H. Bains: We’re talking about situations when there’s a major disruption at a workplace that affects the terms and conditions of a collective agreement. Parties are encouraged to come up with an adjustment plan to see what happened to those employees. How do you adjust them? How do you move them — retraining or finding new jobs?

If the parties cannot help themselves, then they can apply to the board for help. The board mediator will come in and try to help the parties to put an adjustment plan together. I think this goes further: if, again, there’s no adjustment plan, the mediator may issue a report with recommendations for the terms of an adjustment plan.

I think this will bring some finality to it and help both parties to come up with an adjustment plan. At the end of the day, it’s about employees. It’s about workers. What happens if half of the workforce is being laid off or the working conditions have changed so drastically? I think that’s what they are trying to do. It is to help both parties to work through some of the difficult times.

Section 14 approved.

On section 15.

J. Martin: Besides Ontario and Alberta, are there any other jurisdictions in the country that have removed the strike-vote requirement to apply for mediation?

Hon. H. Bains: Different jurisdictions have different time frames, and different conditions apply. I think the idea here is that the panel felt that by the time you’re taking a strike vote, sometimes the relationship has deteriorated to a point that it may or may not be very helpful. I think if either party feels that the bargaining isn’t moving in the right direction and they wish to have support from the board, they could apply to get that support, rather than waiting and getting a strike vote. Different jurisdictions have different conditions attached to them.

They believe that this is the right thing to do. Again, it is to promote good, harmonious collective bargaining and good-faith bargaining, to encourage people to come up with a negotiated agreement sooner — rather than going through some tough times, such as strike votes — and to conclude the first collective agreement.

Section 15 approved.

On section 16.

[5:15 p.m.]

J. Martin: Within this bill, should it pass and become law, with education no longer being considered an essential service, to what extent has the minister considered what impact this may have on elementary schoolchildren, if there were a strike by teachers at their school, for example?

Hon. H. Bains: This is, again, to follow the Supreme Court ruling. The Supreme Court ruled very clearly…. They’re saying that essential services are those services considered under section 72. I would go back to that, but that’s basically what we are looking at. What the panel looked at was what the Supreme Court of Canada said — those services considered by the board as being essential to prevent immediate and serious danger to the health, safety and welfare of British Columbians.

Section 16 approved.

On section 17.

J. Martin: How often has the current provision for industry advisory councils been used?

Hon. H. Bains: The panel, after they did their own research and listened to the parties as well, concluded that “there is confusion about the role and practical utility of industrial advisory councils.” They went on to say:

“Section 80 of the code, enacted in 1992, enables the Minister of Labour to establish industry advisory councils to provide advice to improve collective bargaining and procedures for settling disputes. Although this provision has not been utilized, it offers considerable potential for the evolution of more cooperative labour relations.

“The board, as the only Canadian labour tribunal to encompass both mediation and adjudication functions, is well positioned to facilitate the creation of industry councils by identifying sectors with potential for developing more cooperative labour relations and assisting parties to initiate industry councils.”

Again, it is to address the changing nature of workplaces, to see if there are certain areas where the industry councils are needed. Then the board could utilize and then help the parties — to help in that situation.

J. Martin: What’s the rationale in shifting the authority to establish this council from the minister to the board?

[5:20 p.m.]

Hon. H. Bains: I think the panel felt that this system, this model, would work better to give it to the parties, the employer and the industry, to come up to the board and make a case that an industrial council is needed. Then the board would be in a very good position, understanding the industry and having input from both sides, to come up with recommendations.

J. Martin: Will the establishment of these councils…? Will they exclusively pay attention to those sectors that are already unionized, or will they be looking at other sectors, union or not?

Hon. H. Bains: I think, generally speaking, it’ll be union operations, union and employer, but it could be non-union as well, because the structure and the exact role and the function of such a council would depend on what the industry parties decided on. With the assistance of the board, the council would be chosen by the industry. Section 80 will provide the authority under which the minister could direct the board to assist the industry in establishing a council.

Sections 17 to 21 inclusive approved.

On section 22.

J. Martin: What would prompt the board to “direct an employer to display in the workplace, or make available or provide to employees, information about rights and obligations under this Code”? What would initiate that? What would prompt that?

[5:25 p.m.]

Hon. H. Bains: I think the idea behind here is what we heard in both the employment standards consultation and the labour code review consultations — that the informed workplace is a much more, I think, productive workforce. When the employees know what their rights are, they will know if their rights are being violated. The employer will also know what their obligations are. So there will be fewer disputes, knowing that those are the rights and obligations on both sides and also what to do in case there is an issue about a violation of one worker’s rights — or it could be the employer’s rights. So I think it will help both parties.

Again, it is asking the board to prepare that information so that it is unbiased. They give factual information to both employers and employees so that they know what their rights and obligations are. They will work through those rights and obligations, know what the employer’s responsibilities are and know what the employee’s rights are so that there will be less, I think, conflict, knowing that both are working within their rights and obligations.

Section 22 approved.

On section 23.

J. Martin: Currently when does the board receive a list of employees in a proposed bargaining unit?

Hon. H. Bains: Members may or may not know that there are different jurisdictions, and they have different rules about this. In Ontario, once the union has signed up 20 percent of the members, that code requires the employer to provide the list of all employees. But I think this panel didn’t go that far. This panel decided that the list will be available upon application. In the past, there were times when an employer would delay providing that information, so it would drag on with the certification process. Now this will give powers to the board to require the employer to provide the list of employees by a certain time.

J. Martin: With the proposed amendment providing the board to order an employer to provide a list of employees in the proposed bargaining unit, once the board is in possession of this list, are they permitted to share it with anyone else? Are they permitted to share it with a union, for instance?

Hon. H. Bains: We’re not changing any of that particular area of how this list is shared, when the list is shared. It is about providing that list by a certain time so that they can start the certification process, the secret ballot, to plan. The board needs to make a decision whether the union meets a threshold.

[5:30 p.m.]

You have to have 45 percent in order to even apply. So if you don’t know the list, how do you determine whether you have 45 percent or not? I think that’s the whole purpose here: to expedite the system, whether the union has full support for a secret ballot or they don’t, so that they can get on with their lives. That’s what the whole purpose is.

J. Martin: This employee list. Would it just consist of the employee’s name, or would there be other contact information or data included?

[R. Chouhan in the chair.]

Hon. H. Bains: What the list consists of isn’t being changed. That is the current system. Whatever is required today is covered somewhere else in the code and will continue.

All this one talks about is that the list must be provided by a certain time if the board requests it.

Section 23 approved.

On section 24.

J. Martin: With the removal of “industry advisory council” from section 147, the payment of members of tribunals, of the code, is the replacement industry council considered a tribunal for the purposes of this section in order for members to receive reimbursement for travel and out-of-pocket expenses?

Hon. H. Bains: Member, the remuneration and the expenses for the industry council will be left for the industry to determine, perhaps with the assistance of the board.

Sections 24 to 27 inclusive approved.

The Chair: Now we are going to bring back section 6 and the proposed amendment.

Hon. H. Bains: Mr. Chair, I move the committee rise and report progress and ask leave to sit again.

Motion approved.

The committee rose at 5:33 p.m.

The House resumed; Mr. Speaker in the chair.

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

Hon. M. Farnworth: I would just call a quick five-minute recess.

Mr. Speaker: This House will stand recessed for the next ten minutes.

The House recessed from 5:35 p.m. to 5:39 p.m.

[R. Chouhan in the chair.]

Hon. M. Farnworth: I call committee on Bill 14, Heritage Conservation Amendment Act.

[5:40 p.m.]

Committee of the Whole House

BILL 14 — HERITAGE CONSERVATION
AMENDMENT ACT, 2019

The House in Committee of the Whole (Section B) on Bill 14; R. Chouhan in the chair.

The committee met at 5:41 p.m.

On section 1.

J. Rustad: Just as we get started, I want to make a couple of comments on the bill. I’m not sure whether it will be appropriate to end up putting an amendment in later on in the bill or not. But I just thought I would say that in conversations with the cattlemen and with others, there was some concern around who ends up paying for archaeological assessments. When we get to those sections, I will be raising those kinds of questions.

On section 1 specifically, and particularly on section 1(a)(b), there is the authorization in writing to be an official for the purposes of the provision of the act and regulations. Does that authorization include contractors? Does it only include employees of the ministry or of government?

Hon. D. Donaldson: Only employees of the government and ministry.

The Chair: Shall section 1 pass?

Some Hon. Members: Aye.

The Chair: So ordered.

On section 2.

J. Rustad: Throughout here — actually, in 1(c) but also in other sections, too — it talks about striking out “established under” and substituting “designated under.” I’m just wondering why the change in the language.

Hon. D. Donaldson: Are we dealing with section 1? I thought we passed section 1. I think those comments are on section 1.

J. Rustad: Actually, it was 1(c). I missed that. I thought it was in other sections as well. At the Chair’s discretion, I’ll ask if the minister could just provide us an explanation as to why. If it’s too late, we’ll move on.

Hon. D. Donaldson: There was a discrepancy between “established” and “designated.” They were used interchangeably throughout the act. Just for clarity, we’re using “designated” now only.

Sections 1 to 6 inclusive approved.

On section 7.

[5:45 p.m.]

J. Rustad: My apologies, Chair. As I looked, I saw section 7, and then of course, it’s 8.2 underneath it. For some reason, I thought that was section 8, so I jumped the gun a little in allowing that to go through.

The section says a person “who discovers a prescribed site or object that may have heritage value must report the discovery to the minister” within a prescribed period of time. Could the minister provide an explanation as to what a prescribed site or object is as well as what he is looking at for a prescribed time period?

Hon. D. Donaldson: There’s nothing defined yet regarding a prescribed site or object or a prescribed time period. That will be added by regulation later to allow time to develop those regulations.

J. Rustad: Could the minister perhaps give some indication as to what will be considered as a prescribed site or object, just for the purposes of knowing as we go through this bill? It’s a good idea to know exactly what it is we’re talking about or what is thought about being talked about. I’m not looking for an extensive list. As the minister knows, when you go through making regulations, there could be other things added as part of it, but I just want to get an indication as to where the minister is planning to go with this.

Hon. D. Donaldson: This would include objects or items that are already protected under the act — burial sites, rock art, objects predating 1846, for example.

J. Rustad: If I got that right, a site would be…. Does that include any activity that may have been happening prior to contact, the date of contact from Europeans coming? Or would the site only include a site where objects might be found?

Hon. D. Donaldson: In answer to the member’s question, that would include any sites where there is physical proof of human habitation that predates 1846.

J. Rustad: What is the minister looking at in terms of a potential time period, in terms of the time to report? Is it a matter of weeks? Is it going to be a matter of months?

[5:50 p.m.]

Hon. D. Donaldson: The prescribed time period will be brought in by regulation, and we will undertake consultation before determining what that regulation will be.

J. Rustad: Under section 7, 8.2(3), it says: “The Lieutenant Governor in Council or the minister, as applicable, may make regulations exempting a person or class of persons from the application of subsection (1).” Can the minister perhaps provide some indication as to whom those exemptions may actually be created for?

Hon. D. Donaldson: Yes, if a person already holds a permit under the Heritage Conservation Act, there is an obligation to report. That person could be exempted from the regulations under 8.2(3).

J. Rustad: Just to confirm, then, what the minister said. The only people that would be exempt are if they already held a permit. There wouldn’t be any other class or group of people, whether that be Indigenous or non-Indigenous, that would be considered to be exempt under that?

Hon. D. Donaldson: If there are any other persons that could be exempt, or a class of persons that this section would apply to, that will be determined through consultation.

Sections 7 to 9 inclusive approved.

On section 10.

J. Rustad: Hon. Chair, I’d like to offer the minister, perhaps, an opportunity to provide a little bit of rationale or explanation with regard to the intent of section 10.

Hon. D. Donaldson: There are no material changes as part of this amended section 10. The intent is that it clarifies language, corrects language used and adds a missing word in reference to “designated as a heritage object.” That missing word is “provincial.”

Section 10 approved.

On section 11.

J. Rustad: In section 11, “Provincial heritage properties,” it talks about the designation of “a heritage site on Crown land as a Provincial heritage property.” I’m wondering: what does that do? If the minister could perhaps provide some examples of what that would look like.

Hon. D. Donaldson: There are no material changes in this section. It’s a matter of moving what was in section 23 of the act to this section, section 11. If the member would like an example of what “a heritage site on Crown land as a Provincial heritage property” is, that would be something like Barkerville or Fort Steele, as examples of that.

Sections 11 to 13 inclusive approved.

On section 14.

[5:55 p.m.]

J. Rustad: So 14 is a rather lengthy section. There will be a few questions that will come up associated with 14, starting off with…. Under 12.1(2)(b), under section 14, it says: “…damage, desecrate or alter a burial place that has historical or archaeological value or remove human remains or any heritage object from a burial place that has historical or archaeological value.”

What I’m wondering about is the time frame. If somebody is currently doing some activity that has done…. But what about historical activity or historical removal of particular artifacts? How does that fit in, or does it fit in, in terms of this section?

Hon. D. Donaldson: There’s no material change in this section. This was a section that already exists in the act. The application of this section relative to existing section 13 of the Heritage Conservation Act involves no material changes.

J. Rustad: I recognize there wasn’t any significant change with regards to it, but it still leaves a question mark in terms of the act. The act was passed in the 1990s, and the world has changed quite a bit in the last 20-some-odd years since this bill was first introduced in the Legislature. So obviously, there may have been activities that have happened over time that have potentially impacted on a site or an archaeological value.

I’m just wondering. Does this act determine what that is? If somebody comes in to a property and there is some damage or there is something that has already happened on a site, he obviously has a duty to report that he’s found the site. Obviously, it wasn’t reported before because it didn’t have a designation. How do you handle that historical potential degradation of an archaeological site?

[6:00 p.m.]

Hon. D. Donaldson: Once again, this is unchanged from the act that’s in existence now. I believe the member was posing a situation where perhaps a person acquired a property and then discovered there had been some kind of previous disturbance. The person acquiring the property will not be held accountable or responsible for the previous disturbance that took place before they acquired that property.

J. Rustad: I recognize that the person would obviously not be held responsible, because they aren’t the ones that would have caused the issue. I guess the question is: how far back does this act or the authority go to previous owners or to previous individuals that may have created the reason or the cause in the first place?

Hon. D. Donaldson: If the heritage branch became aware that there had been, potentially, an infraction under the act on a piece of property, that would be investigated. There’s no statute of limitations on that. It would be investigated back to previous owners and previous owners.

I think the member’s question was: would the current owner be responsible for that? No, they wouldn’t be. But if the heritage branch became aware that there had potentially been an infraction by a previous owner, then an investigation would be undertaken.

J. Rustad: It raises a question. The reason why I ask the question, of course, is there have been a tremendous number of artifacts and cultural objects that have been lost to nations right across the province since time of contact. Obviously, it may be impractical to be able to go back certain distances — right?

If you’re talking about going back 150 years to somebody that took a mask and took it to New York, and it’s sitting in a museum in New York, it may be impractical to go through that. That’s why I’m wondering if there’s any thought, or provisions within this act, to be able to limit how far back the act will look in terms of trying to track down people, or otherwise, that may have impacted on a heritage value, whether it be an object or a site.

Hon. D. Donaldson: This is the existing act, so any potential violations go back to when the act was enacted, which would be 1994.

J. Rustad: Okay, that clears that up. Thank you for that. It’s just one of those things I was wondering about, because, obviously, a lot of impact has happened over a very long period of time. So it’s from the date of the original act going forward, in terms of the statute. That is good to know.

[6:05 p.m.]

Continuing on in section 14, under 12.2: “A person must not excavate or otherwise alter land for the purposes of archaeological research or searching for artifacts of aboriginal origin except under a permit….” I guess the question is: if there was an archaeological value that was not of Aboriginal origin — I’m curious why that word wasn’t “Indigenous” origin, but that’s fine — would that also fall under an act? For example, if there was a ship or other type of value that may have come from Europeans or others, if that was discovered, does it fall under this act, or is it only applied to Indigenous values?

Hon. D. Donaldson: This section is unchanged; it’s from the existing act. The member’s question was: what is protected? Well, anything that’s automatically protected under the act, as it stands now, will not be changed. The member talked about Indigenous objects and artifacts, but it could also include objects associated with a heritage shipwreck or provincial heritage properties.

J. Rustad: In 12.2(2) and 12.2(3) under section 14, it talks about authorizing a heritage inspection or heritage investigation of any property. Could the minister perhaps provide an estimate as to how much it costs to do a heritage assessment?

Hon. D. Donaldson: The costs associated with heritage inspections and investigations can vary greatly, depending on the qualities of the area to be assessed, including the size, the terrain and access. Furthermore, consulting archaeologists charge various rates based on location — I’m sure the member is aware of that, considering where we both come from; complexity of the assessment; and skill set required.

In general, costs can range from hundreds of dollars to upwards of $100,000. The price range includes small residential and large industrial developments. An example of the latter is dams and mines, with smaller developments typically having those lower costs in the hundreds-of-dollars range. Most companies and Crown corporations currently voluntarily undertake heritage inspections as preconditions to site alteration permits. This won’t be a change in the process for these types of proponents.

J. Rustad: How have these costs been paid in the past? Who has been responsible for paying them through the process or through the act?

[6:10 p.m.]

Hon. D. Donaldson: The proponent is responsible for paying these costs. It’s voluntary. But also, under certain circumstances, the minister can order it.

J. Rustad: Particularly when I look at the cost — up where I live and, certainly, around the province — there is potential for archaeological values in many, many areas. And the cost for doing archaeological investigations or inspections could be, as the minister has said, rather expensive through this.

The value of a heritage site, certainly, is one to us as a province, not so much to an individual that may be required to look at this. I recognize that there has been past precedent, but I guess the question that keeps running around my mind is: if it’s a societal value to us as a province, why are we requiring an individual to have to bear the costs of this work?

Hon. D. Donaldson: Well, I suppose the principle here is that the developer pays. That’s not unlike other B.C. provincial acts. An example of that is the Environmental Assessment Act, where the proponent pays for various processes under that as well.

J. Rustad: I could understand it in the situation where somebody is doing a development of some kind. But where you have, for example, ranchers putting in fence posts or something of a very minor nature, the requirement could be very significant for an operation like that, particularly things that have been done historically. Maybe a fence post has burned and needs to be replaced, etc.

Has the minister considered any sort of provision or ability for the Crown to be able to afford or put forward or compensate for some of the costs where those things are not, necessarily, in the nature of a significant development but more of an operation — whether it’s an existing operation or whether it is something small, such as an individual that might be wanting to put in a well on their property for water for their house, or for these types of activities?

[6:15 p.m.]

Hon. D. Donaldson: This act only applies within designated archaeological sites — and then within those sites, only if the proponent or developer desires to alter the site and doesn’t…. They might have other options of avoiding or going around the site.

There are other examples. The member brought one up of lower-impact areas as far as archaeological sites are concerned. Sometimes we can move to an alteration permit in those situations. That requires less archaeological work and, therefore, not as involved a process and, therefore, not as much cost.

J. Rustad: I had this conversation come up when we had an opportunity to meet with some ranchers yesterday. Yesterday was B.C. Beef Day, so of course, we all got an opportunity to enjoy some of the beef that is produced here in B.C. But they came in, and one of the issues they had raised was the requirement — or the worry or the fear — that they would have to do an archaeological heritage inspection or investigation in terms of the potential archaeological values when replacing fence posts. They have been instructed that they may be required to do this.

Perhaps the minister can provide some clarity, then, as to whether or not there is a requirement outside of a designated zone to consider potential archaeological values. As the minister knows, the inventory that was done quite some time ago was pretty broad-based. It captured very large areas, and some areas may have been missed.

So for the sake of the ranchers, I need to just ask about, I guess, where they go and how they determine if there is a potential cost that is going to be required of them to be able to do things like replace fence posts.

[6:20 p.m.]

Hon. D. Donaldson: It’s important to note that these are the conditions under the act, as it stands, and they’re not changing that. The situation that the member brought up, if the fence posts were to be replaced over a known archaeological site, it would require a permit, not necessarily an archaeological study. It depends on the impact and what is known about the site. But if there’s fencing to be replaced outside of archaeological sites, there are no permits required. In fact, blanket permits have been provided for replacement fencing in the past.

J. Rustad: Minister, thank you for that answer. In 12.2(4), it says: “A permit issued under subsection (2) does not authorize entry onto land or into a building without the permission of the owner or occupier.” Perhaps the minister can provide just a brief description of what is meant by that section?

Hon. D. Donaldson: This is verbatim from the existing act. There’s no change. This is in reference to a permit that might have been issued for a professional, for instance, to do archaeological work or research. The issuing of such a permit does not mean that the person who the permit has been issued to can access property to do the work — without the permission of the owner or occupier.

J. Rustad: We’ll get to section 18 in a bit. We may want to just talk about the differences of that, but we will get to that.

A little bit further down, when it talks about the heritage inspection and heritage investigation by ministerial order, the first question I would have is: is there a process for appeal?

Hon. D. Donaldson: No, there’s no option, process, for an appeal. I suppose the tool, in that regard, for a person who wants to pursue that would be a judicial review.

J. Rustad: I’m sorry. I didn’t quite hear that last bit.

Hon. D. Donaldson: I said there’s no process for appeal, in response to the member. Then I further said that if a person disagrees or wants to pursue that avenue, then the judicial review process would be an avenue for them.

J. Rustad: “The minister may order that a heritage inspection or heritage investigation be conducted if the minister considers that one or more of the following apply,” then: “property may be subject to alienation from government.” That’s 12.3(c). Could the minister provide just an example of that?

[6:25 p.m.]

Hon. D. Donaldson: This is verbatim from the current act. Our staff aren’t aware of any instances where it’s ever been used.

J. Rustad: As I mentioned before, and like I say, this was an act from 1996. Some things have changed. Obviously, it’s being put in here. So I’m asking questions about it just for the clarity of it.

“Property may be subject to alienation from government ownership.” I’m assuming that would be a situation where land would be sold. The Crown would have a disposition of land. Maybe if the minister could just clarify that.

Hon. D. Donaldson: The way the member framed his statement is the way we would interpret it as well.

J. Rustad: The reason for asking the question is…. I mean, it seemed obvious, in terms of what that would be, the alienation of ownership. Obviously, the Crown would no longer own the land.

The question would be, of course: if the land was being considered for sale or transfer by the Crown for a variety of reasons and the minister then ordered an inspection or an investigation on that land, why would the proponent receiving that land be the one responsible for the cost of doing that inspection?

Hon. D. Donaldson: Again, this is unchanged from the current act. This is land, as we already established…. First of all, we’ve already established that, in the memory and the collective wisdom of the heritage branch, section 12.3(1)(c) has never been implemented.

We’ve already established that if it’s for sale by Crown land, and that would be Crown land…. In that case, then, the cost of the inspection would be with the Crown, especially…. We might be telling another ministry to do that inspection, for instance.

[6:30 p.m.]

J. Rustad: As we get to the next portion of this, get down to (3), we’ll be talking about who has to pay for this component or for this issue. It’s why I raise it. I understand when an order is put in place, but when we get down to 12.3(2)(e): “may require that the owner take actions to preserve….” Sorry, I might have the wrong section there. It’s: “…the minister may require the person purchasing, subdividing, developing or using the property to undertake or pay for the heritage inspection or heritage investigation.”

[J. Isaacs in the chair.]

It doesn’t make sense to me that in a situation that’s described in here where property that is owned by the Crown and that is being disposed of by the Crown, that may have an archaeological value or may have an archaeological value discovered on that property, we’d be requiring the purchaser of that to pay for it when it is still, in essence, a Crown asset or a recently transferred Crown asset.

The minister has just said that the Crown or one of the ministries would be responsible, I suppose, for paying for that. That’s good, but under the act, it doesn’t necessarily lay that out — at least, not that I read it how it’s laid out.

So how would this act, then, be applied in that situation that may require the person purchasing to have to pay for it? How would that person know, through this act, that the Crown would be responsible for those costs?

Hon. D. Donaldson: Again, same language as exists in the act right now. We know that these provisions have never been used since 1994. The word in there is “may,” so really, if they are used in the manner that the member is suggesting, it would really be discretionary and circumstance-dependent.

Of course, it would be policy and just best practice that the ministry would tell the prospective buyer prior to the purchase whether or not that might be required. But again, we’re getting into sort of a theoretical situation here, because this has never been used in the manner that the member suggests since 1994.

J. Rustad: There hasn’t been that much land that has been disposed of by the Crown over time, as a percentage. I do know, having been on that side of the table, that when land transactions are considered, those sorts of values are looked at in advance. But you never know when one may be discovered that was unknown at the time.

The next section down says that property that “may have heritage value, or land that may include heritage property, may be subject to alteration by natural or human causes,” so I’m assuming that would be if there was a wildfire or flood, an earthquake, some sort of natural event beyond what human causes would be.

[6:35 p.m.]

How does that then apply if there is a natural disaster — let’s say a wildfire, since we’re entering wildfire season — that could put at risk or could alter, potentially, a heritage value or a heritage property? In that particular case, once again, would it be the landowners or the person that is responsible, or individuals that are responsible for a property, that would be responsible for that cost, despite the fact that it would be, potentially, a fire that started somewhere on Crown land and may have gone onto private land?

Hon. D. Donaldson: Again, that’s entirely situationally dependent on what the circumstances are. The language is unchanged from the previous act.

J. Rustad: I recognize that this is the language from the original act, but it speaks to a point I’m getting to, which is: who pays? Who pays for these components, for these costs? These are values that are obviously of a provincial nature. These are values that, I think we all agree, we want to be able to preserve and recognize and, certainly, significant values for Indigenous people in most cases that we’re talking about.

We’re talking about a situation, both in (c) and (d), that…. In (c), we talked about the Crown potentially covering it, but in (d), where there may be of no cause of an individual or an individual’s actions, a heritage value could be put at risk, or could be impacted. Does the minister look at it, even though it’s existing language, from a perspective that it would be fair to charge the individual for any sort of inspection or investigation by a ministerial order from a natural event?

Hon. D. Donaldson: We’re getting into some of the details of 12.3 — 12.3(1) as well as 12.3(3). So 12.3(1), as the member pointed out, in subsection (d), allows the ability of the minister to order a heritage inspection if there has been a “property that may have heritage value, or land that may include a heritage property,” that “may be subject to alteration by natural or human causes.”

[6:40 p.m.]

I believe that the member’s question is around human causes. The member’s question also is around who, therefore, would have to pay for that inspection. Section 12.3(3) lays out the situations where heritage inspections are required to be paid for. It is not under circumstances of natural conditions like forest fires or floods.

J. Rustad: I’m looking once again to the requirement, particularly about the pay side. The point I’m trying to get to with all of this, and the questions around the components here, is that there may be some that require an individual proponent to pay, and there may be some that maybe require the Crown to pay with regards to it.

The real question, I guess, comes…. These values, once again, are of a nature that are to the benefit of all the people in the province. Under some circumstances — obviously if there is damage, if there is negligence that’s been done by an individual — there obviously would be a cost associated with that. But if it’s simply that a heritage value is a discovered object or otherwise, or a site is valued, I think, from my perspective, it would make sense that the Crown should have a fund available to be able to pay for the types of investigations and work that needs to be done, as opposed to downloading those costs onto individuals.

As a matter of fact, it was one of the recommendations, once again, that came to us from the cattlemen which was around archaeological assessments — that the province establish a process to fund these archaeological assessments.

It’s not just the cattlemen that are worried about this. Anybody else around that may be in a potential archaeological area or an undiscovered area…. It’s a huge risk. It’s a bit of a gamble, because there are potential archaeological values in many areas around the province.

I am looking at whether I’d consider an amendment here to this, as to whether or not there is an appetite for the province to consider creating some kind of fund — through a variety of potential sources, whether it comes from general revenue or other types of things — to be able to cover the costs associated with this type of work.

As the minister has said, when we get into some detailed investigation and work that can be done, it can be up into the hundreds of thousands of dollars or more in terms of what the costs could be. That’s a pretty significant cost to be borne by an individual that may, by no fault of their own, find themselves in a situation where they have an archaeological value. Maybe the property has been in the family for generations. Suddenly now they’re in a situation where some significant costs may be incurred.

Has the minister considered an approach that would not see those costs downloaded to individuals?

[6:45 p.m.]

Hon. D. Donaldson: The member, I believe, is describing a situation on private land. If the private land owner is proposing to undertake work in an area that’s a protected archaeological site, then they require a permit. Depending on the archaeological site, conditions of that permit might require an archaeological inspection.

So the private land owner then has the ability to decide whether they want to amend their proposed development to not impact the archaeological site. Then they wouldn’t have to necessarily pay for an inspection. It’s the principle that the developer pays.

Now, section 12.3(3) outlines areas where the minister may require the person purchasing, subdividing, developing or using the property to pay for a heritage inspection. That’s a discretionary authority of the minister. It says “may.” This section does not mention alteration by natural cause. The situations that the member brought up around natural disasters, fire or floods aren’t included in that section, and that’s the way the act reads right now.

J. Rustad: I was talking about section 12.3(1). I did go into 12.3, but under 12.3(2), it talks about a “heritage inspection or heritage investigation order made under subsection (1) (b) must state the purpose,” etc., as it goes through. And in (e), it says: “may require that the owner take actions to preserve the integrity and condition of the property” by the order while the order remains in effect. Who is responsible for paying for those costs?

[6:50 p.m.]

Hon. D. Donaldson: The owner would be expected to incur those costs. However, in the history of the knowledge of the ministry staff, there have been no instances of substantial costs. An example would be the owner being required to buy a tarp and put a tarp over a site to preserve it as a short-term measure.

J. Rustad: As we move on from that section, the owner is responsible for that piece. I think what the minister talked about before…. With the response to my previous question, it was about somebody doing some work on private land. But under section 12.3(3), it describes: “(a) alienation of government-owned property, (b) a public work authorized to be taken under an Act, (c) the extraction or harvesting of resources from land, (d) the subdivision of land, or (e) changes in use or development of land, the minister may require the person purchasing, subdividing, developing or using the property to undertake or pay for the heritage inspection or heritage investigation.”

Is that only designed for activity on private land, or is that designed for activity that could be occurring on Crown land? As you know, there is lots of resource extraction activity that happens on Crown land, so I’m curious with regards to that.

Hon. D. Donaldson: As this section reads and as this section exists, the section is unaltered from what the current situation is, and the current situation as it has been applied since 1994: “…the minister may require the person purchasing, subdividing or developing or using the property to undertake or pay for a heritage inspection or heritage investigation.” And subsections (a), (b), (c), (d) and (e) apply on private and Crown land.

With that and noting the hour, I move that the committee rise, report progress and ask leave to sit again.

Motion approved.

The committee rose at 6:52 p.m.

The House resumed; Mr. Speaker in the chair.

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

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

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

Hon. M. Farnworth moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow morning.

The House adjourned at 6:54 p.m.


PROCEEDINGS IN THE
DOUGLAS FIR ROOM

Committee of the Whole House

BILL M209 — BUSINESS CORPORATIONS
AMENDMENT ACT (No. 2), 2019

(continued)

The House in Committee of the Whole (Section A) on Bill M209; R. Leonard in the chair.

The committee met at 2:47 p.m.

On section 5 (continued).

M. Lee: I just wanted to come back, before proceeding with the further questions and comments about section 5, to touch on a point that we addressed at the beginning of this committee process on this bill, which was the level of consultation and the letters received by the member for Oak Bay–Gordon Head in response to this proposed legislation.

For the purpose of the record, I wanted to confirm with the member that he did receive the correspondence — which, from my understanding, when I’m looking through the correspondence — is expressing various concerns regarding this legislation, much of which we are covering in committee here.

For the record, it’s from Dr. Carol Liao, who is an assistant professor with the School of Law at UBC; Joel Bakan, who is also a professor there and well known for his views on corporate structure; Ryan Black, who is a lawyer with McMillan — I guess he’s co-chair of the information and technology group there; Steven McKoen, who’s a leading lawyer at Blakes and a former classmate of mine at UVic law school; Camden Hutchison, who is an assistant professor at the Peter A. Allard School of Law at UBC as well; and of course, Janis Sarra, who is a pre-eminent, distinguished professor at the law school at UBC as well.

Could I just confirm with the member that he did receive that correspondence and has had an opportunity to review their concerns and address them?

A. Weaver: If the member would bear with me, I have an email chain here. I can search emails. It’ll take some time. If we could go slowly through the names, I could search each one.

[2:50 p.m.]

Carol Liao sent us a number of letters. Obviously, most of the correspondence we received was either from Carol, was cc’d to Carol or was in a chain which Carol was on. I would suggest that the main person we had feedback from in the academic community was Carol Liao. This bill has been on the order paper since May of last year in various forms. Only in the last week or so did we get a couple of others that had Carol Liao, again, on the cc chain. Really, the only person in the academic community throughout this process who we have had continual letters from has been Carol Liao at UBC until the last week or so. But I will check each of those names, if we could go through them slowly.

M. Lee: Well, I appreciate the member doing that to confirm. Let me read them back. And you’re quite right. At least, in a few cases, I can see Carol Liao being copied in on the correspondence. Besides Professor Liao, it’s Joel Bakan, who’s at UBC Law School. It looks like correspondence on April 11. Should I give you the names and then you can search, or do you want me to…?

A. Weaver: Yeah.

M. Lee: Why don’t we do that.

So Ryan Black with McMillan law — correspondence, email here dated April 12. Steve McKoen, with Blakes, also dated April 11. He’s also an adjunct professor at UBC. It looks like all the correspondence to the member is all dated around April 11 or April 12.

Camden Hutchison, assistant professor at UBC, also dated April 11. And again, apart from some correspondence, as well, to the Minister of Finance from Carol Liao as well. Janis Sarra, April 7. Sorry. That may be a…. You may have confirmed, though, that she…. I know that Professor Sarra had sent separate letters to many members of our caucus separately and independently. I certainly received one on May 12, so I am assuming that you also saw her correspondence on May 12 as well.

A. Weaver: I can confirm I received a letter from Ryan Black and Steve McKoen.

If we could just spell the name of Hutchison and Bakan again, that would help me, because I’m having difficulty finding them.

M. Lee: Let me just…. Maybe the reason is, when I look at it in more detail, it went to the Minister of Finance in both cases.

A. Weaver: Ah. That’s why I couldn’t find it.

[2:55 p.m.]

M. Lee: There you go.

Maybe I can ask the same question, though, but you don’t have your laptop there, necessarily. And that’s Joel Bakan and Camden Hutchison on April 11. I’m sure the minister received a lot of correspondence, but perhaps you could confirm that.

Hon. C. James: Yes, I can confirm we received that correspondence.

A. Weaver: And I can confirm I received the correspondence from Janis Sarra on May 12, 2019.

M. Lee: I think the point being, with the level of consultation and the length of time that this bill has been worked on…. The quality, I would say, of the comment received by these individuals — leading experts, let’s say, in the corporate law field in good governance…. Certainly I’m aware of many of them. Whether their comments have been taken into account in terms of this bill would be the question.

A. Weaver: Yes, we read all the letters. We reflected upon the comments. Many of the comments, if not most of the comments, fell into the hypothetical. They were suggesting the hypothetical.

I would remind the member that the court system does not make the law. It interprets and enforces the law. It is the duty of legislators to create the law. It was in the spirit of…. The academics were suggesting what I would believe is hypothetical and theoretical interpretations of how a court, without any evidence other than their opinion, may wish to…. We have before us a bill that is informing law. It is not one that is informing how a hypothetical interpretation may or may not rise in the future, so we did take into account their suggestions.

There were others who disagreed with that, and as somebody who has spent a good deal of time in the academic sector, I very much appreciate the input from academics. I recognize that they took it upon themselves to raise this issue.

I would suggest to the member that it really was a single individual, Carol Liao, who was the person who wrote a paper in an international journal. When I met with her over lunch, extensively, it seems that Ms. Liao is not very enamoured with the B corp. model in the U.S.

We are not referencing B corp. We are not making a U.S. model, and her expertise in the published literature is with respect to the U.S. implementation of B. corp.

I would suggest to the member that we have indeed looked at this academic advice. We recognize that many of their concerns were hypothetical. We also recognize, with the additions that I mentioned yesterday in the case of Loblaws…. Also, with the adoption into the Budget Implementation Act, federally, the federal government is bringing the BCE requirements into that, and this particular legislation has no effect on the existing duties of directors.

M. Lee: Well, I don’t think we have the time, unfortunately, at this committee level, to have the back-and-forth that the member’s comments might invite me to respond to.

Let me just say that I think that what these individuals have taken the time to do — as the member does respect in terms of their effort — is provide commentary to this government and to the member about the implications of this bill and the areas that we’ve been talking at length about in the committee yesterday, which we will continue to do with a few other considerations at this session.

Certainly, when I look at the letters, of course, I recognize their concerns in the sense that they are applying basic corporate law, corporate governance principles, which is partly based on the case law, partly based on the statutes, partly based on our understanding of how good governance is to occur in our country. So the changes that are set out in this legislation will alter that in respect of benefit companies.

Again, we’ve talked about why that might be the case in terms of the purpose of benefit companies, which we clearly support. But it’s just a matter of the way the standards are set, as we talked about and we’ll talk about a little more in a moment — and also the directors’ duties themselves.

[3:00 p.m.]

Certainly, I’m aware of the studies that Carol Liao has partly based her review on for that article that the member spoke to. I was actually one of the people who was interviewed for that study when I was still practising corporate governance law. That was really based on 25 leading practitioners in the country dealing with corporate governance, and those were some of the elements that she drew from.

It’s not just a purely academic exercise. I would say that Professor Liao certainly has reached out to members in the profession to understand from corporate lawyers what they do in terms of advising companies around some of the leading case law to deal with a director’s duties. And the same thing with Steve McKoen as well. He is a practising lawyer in a major corporate law firm, so he has that perspective.

Let me just go on to ask a question, then. If I may, Madam Chair, there is a related section later in this bill that I’d like to ask about now, in the context of section 5, because section 5 is quite all-encompassing. So if I may, I’d just like to ask that question relating to section 16.

The Chair: All right.

[The bells were rung.]

The Chair: Well, actually, no. We’re going to recess.

The committee recessed from 3:01 p.m. to 3:12 p.m.

[R. Leonard in the chair.]

M. Lee: Just for the purpose of continuing to look at section 5, I’d like to just ask…. Under section 16, it does refer to third-party standards.

As the member yesterday commented to me near the end of the session, there noted, in the section, it does provide for Lieutenant-Governor-in-Council to prescribe “for the purposes of the definition of ‘third-party standard’…(i) the matters that the standard must define and address, and (ii) the methods of assessment the standard must require.” I would just like to ask the member the interaction between this regulation-making power and what’s intended here versus how third-party standards would be set.

[3:15 p.m.]

A. Weaver: I appreciate the member asking on section 16. I recognize that the bill is largely contained in section 5, but it’s so tightly linked. It’s, in my view, utterly sensible to raise these questions now, even though it pertains to a later section.

The intent of section 16 was a safety net. In particular, as the third-party standards emerge, we were hoping that government would retain the ability to deal with any issues that may arise. There might be some niche issues that arise where the government retains flexibility to step in if government believes that it needs to do that.

Before I pass to the minister to provide more on-the-ground practice of how that would work, I’d just like to address for the member from before an issue that was raised that I think is important to put on the record.

That was that in 2014, the Canadian Bar Association recommended that parliament — that’s at the national level — codify the BCE decision that directors may consider other stakeholders. As I mentioned yesterday, that’s currently in progress. It’s in the Budget Measures Act, and they are responding to that. Also in 2014, the Canadian Bar Association recommended that there be allowance for incorporation of benefit companies. That was a recommendation to the federal government by the 2014 Canadian Bar Association.

In addition, we put the article by Ms. Liao and others, information, to the B.C. branch of the Canadian Bar Association to ask them if they could give us information as to whether or not they agreed with the concerns that were raised. When they reviewed our legislation — the B.C. branch of the Canadian Bar Association — in the fall of 2018, no flags were raised with respect to the particular issues that were identified by the member prior to the bells being rung.

Hon. C. James: Just to confirm from the Finance Ministry’s perspective, the section in section 16 really speaks to enabling government to require the standard to address various areas. Again, there is no intent from government to do that. That is not the direction, but I think a safety valve, as the member has described, is a good description. I would say that if there were standards that were being misused, it would provide an opportunity for government to come in and, as the section reads, to be clear about the matters that the standard must define and address and the methods of assessment that the standard must require — so, again, another piece that’s there in case there was some abuse or some misuse of standards that were in place.

M. Lee: I think this interaction is important to consider. Is it intended that the government would prescribe “the matters that the standard must define and address, and (ii) the methods of assessment the standard must require” prior to the standards being set by another organization?

A. Weaver: As the minister pointed out, that is not the intention of this. The intent of this is for the government to have a safety-net approach to actually step in if they believe that, in fact, stepping in needs to occur.

M. Lee: If I’m hearing it this way, the step-in, then, would occur after the standards were established by a third-party group, a benefit corporation is incorporated to meet that standard and is reporting against that standard. When does government actually step in if there are concerns?

A. Weaver: I’m going to ask the minister to address this, because it’s asking about intervention by government, and as the minister is the relevant body, she will address the question.

Hon. C. James: The standards would need to be in place. There would be no rationale or no opportunity for government to step in and prescribe, as it identifies matters that the standards must define, unless there was, as I said, abuse or misuse of the standards.

[3:20 p.m.]

That could come forward from the shareholders. That could come forward from citizens — to raise those concerns. Obviously, government would look at that. But this is, again, meant to be enabling.

So the standards would already be in place. They would already be utilized. A public report would be out on how the company was doing on those standards, which would provide, obviously, all of the information that would be necessary for someone to feel that the standards weren’t being met and to raise their concerns with government.

M. Lee: I think that with the discussion we had yesterday and the clarifications today in this session, I would still like to propose an amendment to the bill, recognizing that this has been very much an involved discussion. The concerns that I raised yesterday support the reason why I’m raising the amendment. That would, in the first case, to section 5, put the benefit standard back in the hands of government so that it wouldn’t be in the hands of a third party.

Perhaps I could first table that amendment here, and others can review that. There is a companion amendment that would be necessary to the same regulation we just spoke about in section 16, if this amendment would pass. Perhaps I will just circulate the two amendments together.

The Chair: Member, are you moving the amendment at this time?

M. Lee: Yes, I am.

[SECTION 5 is amended

(1) by deleting the text shown as struck out and adding the underlined text as shown:

third-partybenefit standard” means athe prescribed standard for defining, reporting and assessing

(a) the overall performance of a benefit company in relation to its conducting business in a responsible and sustainable manner, and

(b) the performance of the benefit company in relation to the public benefits specified in that benefit company’s articles,

which standard is developed by a third-party standard-setting body and in accordance with the regulations, if any;

“third-party standard-setting body”, in relation to a benefit company, means a person or entity that is not related, in accordance with subsection (2), to the benefit company and that makes public the following information:

(a) the name of each member of the third-party standard-setting body’s governing body;

(b) the selection process for membership in that governing body;

(c) the name of each person who,

(i) if the third-party standard-setting body is a corporation, controls the standard-setting body within the meaning of section 2 (3) of this Act, or

(ii) if the third-party standard-setting body is not a corporation, controls the operations of the standard-setting body;

(d) a description of the sources of the third-party standard-setting body’s funding in sufficient detail to disclose any relationship that could reasonably be considered to compromise the standard-setting body’s independence from the benefit company;

(e) a description of the process used to develop a third-party standard, including the criteria against which the benefit company’s performance is to be measured and the relative weight of those criteria.

(2) For the purposes of the definition of “third-party standard-setting body”, a third-party standard-setting body is related to a benefit company,

(a) in the case of a standard-setting body that is a corporation, if it is an affiliate of the benefit company, and

(b) whether or not the standard-setting body is a corporation, if

(i) a director, officer or shareholder, or an associate of a director, officer or shareholder, of the benefit company or of an affiliate of the benefit company is a member of the governing body of, or controls the operation of, or otherwise controls, the third-party standard-setting body, or

(ii) a person who beneficially owns shares of the benefit company, or an associate of such a person, is a member of the governing body of, or controls the operation of, or otherwise controls, the third-party standard-setting body. ; and

(2) by substituting “benefit standard” wherever “third-party standard” may appear.]

The Chair: And you want to speak to the amendment.

On the amendment.

M. Lee: The proposed amendment, copies of which I’ve just handed over, would redefine the benefit standard that’s defined under section 5 and would make it a prescribed standard for defining and reporting and assessing the same aspects that are required for a benefit company, namely the overall performance in conducting its business in a responsible and sustainable manner, and the performance of the benefit company in relation to the public benefits specified in that benefit company’s articles. That is no change from the actual standard components that are set out in section 5.

What is deleted, though, is the rest of that particular related provision, which would have put it over to a third-party standard-setting body, as opposed to what I’m proposing under this amendment — having that standard, the co-called benefit standard that’s required under subsection 51.991(1), be determined by regulation.

This goes to the points that I was raising yesterday in terms of the interaction between benefit standards and the ability of directors to comply with the duties, that they’re meeting that standard and they have the opportunity, through various provisions of this act that we reviewed yesterday, to, arguably, vary from what level of director duties they currently have under corporate law in British Columbia.

It’s out of that consideration and the concerns that I raised yesterday that, really, the standards that benefit corporations ought to be meeting in respect to public benefit and a responsible and sustainable manner in terms of the way they conduct their business, which are the aims of this act for benefit companies — that that be prescribed by government. That’s the purpose for this amendment.

The Chair: Speaking to the amendment, the member for Oak Bay–Gordon Head.

Point of Order

A. Weaver: I will not be supporting this amendment. More importantly, in my opinion, this amendment — and I’ll take a ruling from the Chair — is out of order.

[3:25 p.m.]

The reason why I believe that is that the intent of the entire bill is dramatically changed. This is about creating, and there would be a substantive cost to government in the creation of an agency that would be required to set the standards. That was never the intent of the bill. The intent of the bill is exclusively to focus on third-party standards and to have industry, the market, involved as well.

I must say I find it rather interesting that the free enterprise party is trying to cut down free enterprise or the ability of innovation in our broader society to actually be the standard-setters that government will oversee through its regulatory-making power but will not insert or demand upon such benefit companies as it stands.

Debate Continued

Hon. C. James: Speaking to the amendment, I’ll speak against the amendment. I understand why the member is bringing it forward, but the purpose of the act is enabling. That is the purpose of this act for corporations. It’s to be enabling.

To look at a prescribed standard from government would take away, in fact, the ability to enact those standards in a way that would meet the diversity of private companies. There’s a whole range of companies out there. There’s a great diversity of companies. To have a very prescribed standard would take away the ability for a private company to meet those standards and/or to carry out the benefits in a way that, again, meets the needs of the company and the diversity of the company.

There wouldn’t be one definition of the standard met in the same way by all kinds of companies. All kinds of companies will want a variety of ways to be able to meet that standard, to be able to apply the standard. That’s the purpose of a benefit company. It gives them the ability to make that determination and to meet those standards and then to be accountable for them.

I think that’s the other very important piece here. The accountability has to be there. The report has to come out. They have to have the third-party validation, and the shareholders then have the ability to make their decisions based on the information that comes forward. I think that’s a very critical piece in looking at making these amendments to the act.

M. Lee: Well, I think we’re speaking both to the amendment and the suggestion that it’s out of order. I can speak to both at the same time. It’s just to say that in my view, the whole purpose of the amendment is because it is dealing with the way that we’re enabling new corporations to become benefit corporations, to seek and fulfil the purposes that are set out for a benefit corporation in this bill, which is public benefit in a responsible and sustainable manner.

In doing that, my suggestion and the purpose for the amendment is that those standards ought to be, when we’re talking about public interest around the environment…. Again, that’s including air, land, water, flora and fauna, animal, fish, and plant habitats. That’s not something that you would necessarily put out to an organization that isn’t directly accountable to the people of British Columbia through government regulation.

Certainly, our B.C. Liberal caucus is very supportive of companies that prosper for the benefit of shareholders and the communities that they operate in, but they need to do it responsibly. The concern regarding having standards set by a variety of organizations, with the opportunity for government to step in only after the fact that these standards have been set and benefit corporations have been incorporated, as we’ve just heard from the Minister of Finance…. That’s the concern.

Government ought to have and ensure the consistency of these standards across the board for all benefit corporations. That’s the purpose of this amendment, and that’s the reason why, in my view, this amendment is in order.

The Chair: I think we will take a recess for five minutes.

The committee recessed from 3:29 p.m. to 3:37 p.m.

[R. Leonard in the chair.]

Point of Order
(Chair’s Ruling)

The Chair: The amendment is in order.

Debate Continued

The Chair: Are there any other speakers to the amendment?

Hon. C. James: Again, speaking against the amendment. I think the important piece to note in the amendment…. The amendment speaks to accountability and speaks to regulations and government being involved. I think it’s important to note — we had this as part of the discussion yesterday — that regulations already exist in other acts. A company is still required to follow all of the environmental laws that are in place in British Columbia. A company is still expected to follow all the requirements around a financial institution and protection of consumers. All of those exist in other acts. This section is not meant to replace or to add those kinds of regulations, because they already exist in other acts.

This is related simply to the benefit piece of a benefit company. I just think it’s important to make sure we put on the record that this isn’t related to all of the regulatory requirements already in place for companies that they’re required to follow. This does nothing in that regard.

A. Weaver: I thank the minister for that. To add to that, I would also like to point out that government does not want to suppress the innovation that’s out there in the broader market. The whole purpose of enabling a third-party standard is to tap into the innovation that’s out there in the for-profit sector who are busy developing such standards. For government to suggest it would know how each individual company should function is probably an overreach of government. A government sets rules and regulations, as the minister said. All companies still are required to follow all the other regulations, environmental law, social laws, etc.

[3:40 p.m.]

This is saying, with respect to the benefit, we’re encouraging a bottom-up, an innovative approach to defining what benefits are and providing third-party standards without the overreaching arm of government interfering in the market which is out there.

Again, I come back to the point that I find it rather challenging that a Liberal party that suggests it is quite supportive of innovation and free market would try to suppress innovation in the market and actually suppress the free market to have more big government control on what is or is not a public benefit.

[3:45 p.m.]

Amendment negatived on the following division:

YEAS — 8

Wat

Thornthwaite

Ross

Oakes

Rustad

Milobar

Tegart

 

Gibson

NAYS — 9

Kahlon

Brar

Beare

Kang

Ma

James

Ralston

Fleming

Weaver

M. Lee: I just wanted to appreciate the consideration of that amendment. Perhaps while we’re looking at section 5, the other area that, in the absence of that amendment passing…. The main element, of course, of section 5 continues to be the director’s duty section under section 51.993.

In respect of that amendment to that section, I’d like to also move another amendment, which would effectively treat directors of benefit corporations like any other director of any other corporation and not reduce the standard for which directors of benefit corporations would be held accountable.

For the purpose of the intent of the bill, the motion that I move, which would amend section 51.993, would effectively strike out every section other than subsection (1). I can submit that amendment to you, as well.

[SECTION 5 by deleting the text shown as struck out:

Directors and officers

51.993 (1) A director or officer of a benefit company, when exercising the powers and performing the functions of a director or officer of the company, must

(a) act honestly and in good faith with a view to

(i) conducting the business in a responsible and sustainable manner, and

(ii) promoting the public benefits specified in the company’s articles, and

(b) balance the duty under section 142 (1) (a) with the duty under paragraph (a) of this subsection.

(2) Despite subsection (1),

(a) the directors and officers of a benefit company have no duty under subsection (1) to

(i) a person whose well-being may be affected by the company’s conduct, or

(ii) a person who has an interest in a public benefit specified in the company’s articles, and

(b) no legal proceeding may be brought by a person referred to in paragraph (a) (i) or (ii) against a director or officer of a benefit company in relation to the duties under subsection (1).

(3) A director or officer of a benefit company does not contravene the duty under section 142 (1) (a) of this Act due only to the director or officer acting in accordance with subsection (1) of this section.

(4) Despite subsection (2), a legal proceeding under this Act or any other enactment may be commenced in relation to the duties under subsection (1) only by shareholders of the benefit company and only if,

(a) in the case of a public company, the proceeding is commenced by shareholders holding, in the aggregate, at least the lesser of

(i) 2% of the issued shares of the company, and

(ii) issued shares of the company with a fair market value of at least $2 000 000, and

(b) in any other case, the proceeding is commenced by shareholders holding, in the aggregate, at least 2% of the issued shares of the company.

(5) Despite any rule of law to the contrary, a court may not order monetary damages in relation to any breach of subsection (1).]

On the amendment.

[3:50 p.m.]

M. Lee: As I was mentioning, this amendment would delete the other subsections of 51.993 under section 5 of the bill, such that only the first provision would remain. It basically sets out the director’s duties in respect of “conducting the business in a responsible and sustainable manner” and “promoting the public benefits specified in the company’s articles.”

We had some discussion yesterday about the balancing that’s required between the duty to act in the best interests of the corporation and other duties under section 142(1)(a) of the Business Corporations Act. That still is a concern. But to achieve the right balance for the purpose of this bill, rather than strike out that subsection as well, I think that it is beneficial to include, on the whole, recognition of that particular duty, as it speaks to conducting the business in a responsible and sustainable manner and promoting the public benefits.

The reason why the deletions of what follows…. The main question to consider is: why is it that directors of benefit companies should be held to a lesser standard, in effect, than directors of any other corporation? So I appreciate that there are greater aspirations for these companies, but these aspirations really speak to language that’s already in the bill, where we’re talking about…. In the first case, we spoke to the use of the word “endeavour.”

For example, under “responsible and sustainable manner,” it says: “endeavours to use a fair and proportionate share of available environmental, social and economic resources and capacities.” “Endeavour” is something that is less than a best effort, a reasonable effort or a must. It’s not mandatory. It is “endeavour.” I think that that’s a pretty low standard in terms of the aim and objective, for example, in that area.

Secondly, as we did comment yesterday, for example, in committee stage, when we talk about promoting the public benefits, that’s the standard that the director or officer of a benefit company is to be held to — again, promoting public benefits, as opposed to actually affecting those benefits. These are fairly high-level, aspirational-type objectives for benefit companies.

In view of that, I still do not see the need to have directors being held to a lower standard in terms of their liability, as well as restricting lawsuits or any claims from any stakeholders. Here I would note that subsection (4) restricts any legal proceeding to only be by a shareholder, as opposed to any stakeholder. That means, in effect, that under this enabling legislation, the only lawsuits that can be coming forward against directors and officers of benefit companies are from shareholders and only if, in the case of a private company, they hold an aggregate of at least 2 percent of the issued shares of that company.

Obviously, in a public company case, it’s the same 2 percent threshold and a fair market value of $2 million. That’s, again, only putting these directors and officers in a position where they’re potentially the subject of a lawsuit or a claim for not meeting these higher-level goals for reasons of limitations on shareholder remedies, which is not the case for companies under the Business Corporations Act when they’re not a benefit company.

To ensure that in the area of good governance and for shareholder protection and the protection of stakeholders as they look at benefit companies and for others who might invest in benefit companies, it’s important that we maintain the same standards that would be there for any other company under the Business Corporations Act. And that’s the reason why I put forward this amendment.

A. Weaver: Thank you to the member for putting this amendment forward. We recognize this issue is one that has created some questions.

[3:55 p.m.]

We went back and forth on this. We extensively consulted on this, including with the B.C. branch of the Canadian Bar Association. The lawyers who reviewed the legislation there did not raise concerns about this, but in fact, the practising lawyers who work with clients — these are on-the-ground lawyers, who we also argued — felt that this kind of protection for taking on extra duties is extremely important. In fact, they believe that the middle ground that we found here in terms of accountability is precisely the protection that they needed to encourage companies to go that way.

The member is slightly incorrect here. There is nothing in this legislation that affects section 142(1) of the act, which states: “A director or officer of a company, when exercising the powers and performing the functions of a director or officer of the company, as the case may be, must (a) act honestly and in good faith with a view to the best interests of the company.” The issue of a fiduciary responsibility is still there. All the rules with respect to that still apply.

It is only to the benefit section of the benefit company that the responsibilities have changed slightly. That is that monetary damages cannot be sought but only injunctive relief. It was with that in purpose. We did not want to discourage people from moving beyond exploring different benefits for their public company while retaining all of the protection shareholders have for fiduciary responsibility. But in the case of the benefit component, it is only that aspect of the director’s duties that the aspects of this subsection apply.

I don’t know that the concerns of the member are justified in light of the fact that the fiduciary responsibility is still there, as per section 142(1). However, the benefit component has slightly different…. We’re saying that that is the novel aspect of this bill. It’s enabling companies to go further and to be protected in doing so.

Hon. C. James: I’ll be speaking against the amendment that has come forward. I appreciate that the member feels that it’s necessary. This is part of our discussion we had yesterday about what this actual section refers to. I’ll come back to our discussion we had yesterday, when we talked about the “and” being the important part of this section.

These sections refer to the benefits section. So in fact, what this section does is add to the duties of directors, not take away. It talks about balance. It talks about the importance, yes, of the best interests of the company and the fiduciary responsibility, and balancing that with the other pieces. So it’s not an either-or. It’s not that one takes away from another. One doesn’t have more weight. In fact, it talks about the duties of directors in both of those areas.

So from that perspective, I don’t feel that the amendment is necessary.

R. Sultan: I cannot resist interjecting, as an old corporate director, and making the observation that as I understand this particular feature that my colleague has referred to, we are further insulating directors in certain aspects of these benefit corporations. And since I think it would be quite easy to point out in a court of law that most corporations, in fact, exist to provide benefits…. You know, they deliver bread. They put a roof on your house. They run transit systems. That’s the main purpose of benefits. They’re not a corporation…. They’re not going to be in business very long unless they’re benefiting somebody.

On a broad definition of “benefit,” I guess it would strike me, as a non-lawyer, that you’re giving them immunity, an added degree of immunity. And if my interpretation is correct, I would forecast a great rush to convert to public benefit corporations amongst boards who always have the grey cloud of possible litigation hanging over their heads. It is a bit of a nightmare for directors, and they take out insurance for accusations raised against them for these very reasons.

I’m wondering if the distinguished members sponsoring this legislation have thought through possible unintended consequences whereby: “Wow, we get more immunity. Let’s sign up, and if we have to prove benefits, well, that’s the easiest part of the whole assignment.”

A. Weaver: I would argue, as the minister pointed out, in fact, in a benefit company you have an added level of duties and responsibilities to which you’re accountable. You’re accountable to all those fiduciary responsibilities that companies are now.

[4:00 p.m.]

What we’re doing is we’re saying that if you are going to pursue a benefit with your company — a benefit through a third-party standard, etc. — directors, in doing so, will not be at risk from a monetary penalty because it will just be injunctive relief. The reason why this is important…. I come back to the Loblaws example because I think it’s a very illustrative example. What happened is Loblaws wanted to have a proposal to put forward to pay a living wage to their employees. That would be a benefit. That would be a social benefit.

You might imagine that in articles of a benefit company, they actually put living wages as a social benefit. Well, the shareholders of Loblaws rejected, very recently, the proposal to have a living wage. Loblaws could not go forward, then, and start paying a living wage to their employees, because their shareholder resolution here has told them they can’t.

Now, if Loblaws were a benefit company and they had in their articles that treating employees with a living wage is one of their benefit articles, then they would be protected in doing so because it is part of the articles of their company.

In fact, the member for West Vancouver–Capilano…. His concerns, I would say, are not substantive because of the fact that we’re actually providing an additional layer of accountability here. But that is with respect to the benefit component and only the benefit component of a benefit company.

R. Sultan: If I may respond very, very briefly to the member’s arguments. I must say they are convincing if one accepts the member’s definitions of benefit, which I would say are more than a little bit tinged by the member’s own particular value system, his experience and his impression of how the world goes around. But this has very little correlation, I would forecast, with how the law in fact would be interpreted in reality, in the courts, in the future, so I would suggest caution. With that, I’ll sit down.

M. Lee: I just wanted to further the discussion that my colleague from West Vancouver–Capilano has raised. We canvassed this at length yesterday in committee as well. I don’t believe that my view is incorrect or slightly incorrect. I think we have a difference in view as to how this section will work. That actually concerns me in the sense that the lack of clarity around the application of this section is a concern.

If we look at, in my view, the qualification that is set out in sub (1) of this amendment, which I am prepared to let stand even though I have concerns about the word “balance” under sub (b), arguably, as I mentioned yesterday, that already cuts away at how the duties will be adhered to by directors of benefit corporations. This is what the member just spoke to — that they’re able to balance that against the duties in section 142(1)(a).

That balancing, in effect, has a concern that’s raised by sub (3), because sub (3) says that a director “does not contravene the duty under section 142 (1) (a)” of the Business Corporations Act “due only to the director…acting in accordance with subsection (1) of this section,” which is the section I just went through.

If a director is found to have achieved the right balance, then they’re no longer to be found in contravention of section 142(1)(a). So that immediately does qualify the application of 142(1)(a) to that director if that person demonstrates that he or she has balanced their duty under that section against the new duties that are there, in this section, for a benefit corporation. That, of course, we did canvass at length yesterday. That’s one of the reasons for this amendment.

Just to speak to the other provisions. I spoke to the shareholder one already, the fact that there’s no order of monetary damages in relation to a breach of subsection (1). Again, because of the interplay with section 142(1)(a), because of that linkage, that actually means that as long as they’re somehow balancing their duties in subsection (1), then they get an out, in effect, under sub (3) and sub (5). They have a limitation on which shareholders can potentially bring forward a claim under sub (4).

[4:05 p.m.]

Again, sub (2) says: “no legal proceeding may be brought…against a director…in relation to the duties under subsection (1).” It actually goes further to say a director has “no duty under subsection (1) to (i) a person whose well-being may be affected by the company’s conduct, or (ii) a person who has an interest in a public benefit specified in the company’s articles.” This effectively strips a number of duties and responsibilities of these directors of benefit corporations.

They act in favour of the environment, yet if there’s a person whose well-being may be affected by the company’s conduct, whether it’s concerns over drinking water or other aspects that might impact the environment in which we all live, this section actually says there’s no duty to that person.

This is just another example of why these provisions that are set out in 51.993 effectively insulate, the word that my colleague from West Vancouver–Capilano has used, and that’s a concern. That’s, again, the purpose for this amendment, and that’s the reason why we’re tabling it in this manner.

Hon. C. James: I appreciate the outline. I think there’s no question we have a disagreement on the interpretation. I don’t want to leave the record talking about the fact that there’s a lack of clarity. In fact, we certainly have reviewed it from a finance perspective. We feel that the act, as I’ve talked about, refers to added duties, not taking away from duties, and that the balance and the word “and” are critical in this piece. Certainly from our perspective, we feel that the interpretation that we outlined is clear in this section, but it’s clear we have a disagreement on this issue.

The Chair: Seeing no further comments, calling the question on the amendment.

[4:10 p.m.]

Amendment negatived on the following division:

YEAS — 8

Coleman

Wat

Thornthwaite

Yap

Ross

Oakes

Milobar

 

Gibson

NAYS — 9

Kahlon

Brar

Beare

Kang

Ma

James

Ralston

Fleming

Weaver

S. Gibson: I think, with respect, we should wait until my colleagues arrive here. I think it would be inappropriate to really do it this way. I can’t speak for them, but I have a hunch they would prefer to be here. I think that it’s a bit disrespectful to take advantage of a situation like this. I say that with respect.

[4:15 p.m.]

Hon. M. Farnworth: I don’t have a problem if we take a five-minute recess, but I will also remind the member to remember this, because I can remind him of a previous time when the roles were reversed and the same courtesy was not extended. So we will take a recess.

Interjections.

The Chair: Members. Members.

S. Gibson: I was not a perpetrator of that.

Interjection.

S. Gibson: No, but I don’t want it to be taken personally. I’ll accept that five-minute recess. I’ll be back.

A. Weaver: I see no reason why this committee cannot proceed. There was no notice given to any of us that a recess was going to be taken. They walked out of the room, and here we are. Well, we now have a person back.

The fact is this has happened to me and my colleagues in the B.C. Green Party multiple times, where the B.C. Liberals had an agreement with us that we would speak at a certain time and be present at a certain time, and they negated that agreement. There was no such courtesy ever exhibited or shown to us.

I find it very rich now. While I respect what the member for Abbotsford-Mission said, I find it very rich to see the pleadings coming from the member in light of the behaviour of said official opposition over the last two years.

I see we now have the member back. But frankly, for the record, I think the courtesy being extended right now is one that has not been shown, and it exhibits the difference between this side of the House and that side of the House, which is actually trying…. [Applause.]

Well, thank you for that. So I’ll sit down, because I see that the member is now back, and we will likely be able to continue.

Interjection.

The Chair: Excuse me, Member. Seeing that I am not calling a recess, we will continue with section 5 now.

M. Lee: Without understanding what I just walked back into, with apologies to this chamber in terms of this committee side, when we’re running three houses — and I know the House Leader will acknowledge this — it’s very difficult, of course, on the members to be able to deal with different bills at the same time. That is the reason why I was delayed in getting back here.

There was a recess called in the main chamber to deal with another piece of legislation which your colleague had called. So I’m able to come back here. My apologies for not being back here right after the vote was called, if that’s the issue. I’m not sure what the exact issue is, but you have my apologies. I will continue on with the bill, because we’re on a tight time frame, of course, for other reasons.

The Chair: Let’s limit our comments now to section 5.

M. Lee: Okay. I appreciate that, Madam Chair.

Just in terms of the benefit report, yesterday, during committee side, we did talk about the review and the nature of the benefit report. If I could ask, what is the standard of representation in terms of concerns around misrepresentation or fraud relating to this benefit report? Who is going to be reviewing the nature of the disclosure in the report itself?

[4:20 p.m.]

A. Weaver: To answer the questions, a couple of things. First, the member did comment on the fact that there are three Houses. I will say that that’s not an excuse. I will remind the member that, in fact, with three Houses, there are three B.C. Green caucus members. I am the critic for the labour bills that are being debated in the other House right now. We had to make alternate arrangements. At any given time…. Like yesterday, I was supposed to be in three Houses at once. So for the member not to be here at the appropriate time is inappropriate. While he may have apologized, I do not think it’s appropriate for the member to walk out and for us to continue. With that said….

The Chair: Member, just to remind you that we don’t speak about members’ absences.

A. Weaver: I was speaking directly, not about the member’s absence but about the member’s comments that he made himself, not ones that I was making.

With respect to the standards, the standards are to be publicly available. Sorry, the benefit report is to be publicly available, as are the standards. They are to be accessed free of charge. They are to be posted on a website if a company has such a website.

Section 14 of the bill, you’ll see here, sets out the following offences: failure to comply with approval and signing requirements for a benefit report, failure to publish or post a benefit report or publishing or posting a non-compliant benefit report. Those are set out in section 14, while section 15 provides for the penalties associated with not doing that which is in section 14.

M. Lee: What is the standard review for the benefit report?

A. Weaver: I thought I just answered the question. The benefit report is made publicly available. It is made available to anybody who wants to access it, free of charge. It is posted on a website if a company has such a website. The offences outlined in section 14 are those sections that outline what they are, and section 15 outlines the penalties. The member’s question was answered the first time, I believe, that I rose.

M. Lee: Is there a standard of misrepresentation in the report itself?

A. Weaver: I haven’t seen any said reports published publicly on either the website of a company or by accessing free of charge, so I’m not sure what he’s referring to. Perhaps he could expand upon that.

M. Lee: Is there any sign-off or liability or responsibility for the report itself by the officers and directors who sign the report?

A. Weaver: In section 51.994, the section entitled “Benefit report,” the member will note that subsection (4) of that specifically states: “The directors of a benefit company must ensure that, before a benefit report is published, the report is (a) approved by the directors, and (b) signed by one or more directors to confirm that the approval required under paragraph (a) was obtained.”

Then No. 5 says: “Promptly after a benefit report is published, the directors of the benefit company must post the report on the company’s publicly accessible website, if the company has one.”

[4:25 p.m.]

Section 16 of the report enables government, if government believes that it needs to step in…. It grants government regulatory power, and I say here, under (b) of section 16, “prescribing, for the purposes of section 51.994, (i) information that must be included in a benefit report, and (ii) the manner in which the benefit report must disclose the required information.”

As I outlined earlier, section 14 outlines the potential offences. Section 15 outlines the penalties associated with those offences.

The Chair: Hearing no further questions….

Sections 5 to 17 inclusive approved.

Title approved.

A. Weaver: I move that the committee report the bill complete without amendment.

Motion approved.

The committee rose at 4:26 p.m.

Committee of the Whole House

BILL 19 — ENERGY STATUTES
AMENDMENT ACT, 2019

The House in Committee of the Whole (Section A) on Bill 19; J. Rice in the chair.

The committee met at 4:55 p.m.

Section 1 approved.

On section 2.

G. Kyllo: The minister is delaying the development of B.C. Hydro’s integrated resource plan until February 28, 2021, just before the next election. I’m wondering if the minister can just share with us why this is being done.

Hon. M. Mungall: Before I answer the member’s question, I just want to introduce everyone to Les MacLaren, who is the assistant deputy minister for the electricity and alternative energy division. We also have Shannon Craig, who is the electricity policy analyst in our electricity branch.

They’ve both put a lot of time and effort into this legislation, which is, obviously, as we spoke about in second reading of the bill, a direct result from the phase 1 review of B.C. Hydro that we completed earlier in the calendar year. Now we have the legislation that’s coming from that.

To answer the member’s question, we have a second phase of our review of B.C. Hydro, and that’s exactly why we’ve moved the IRP to February 2021. We want to give B.C. Hydro the time necessary to take the results from that second phase of our review and develop their IRP from that. February is also not an atypical time to being going before the BCUC with an IRP.

G. Kyllo: The minister has had the role of Minister of Energy and Mines with the responsibility for B.C. Hydro now for over a year and a half. I’m just wondering: can the minister share with us why it is that there’s a further two years required in order to establish the updated integrated resource plan?

It’s been a year and a half already; she’s indicating that it’s going to take yet another two years. Certainly, the update and review of the IRP is something that must have been under consideration when she first took over as minister of the Crown agency. So I’m just wondering: what is the purpose or reasons or rationale around 3½ years in order to develop a plan?

Hon. M. Mungall: As I mentioned, our government has been conducting a review of B.C. Hydro. That was actually one of our commitments to British Columbians — that we would conduct a review of B.C. Hydro.

The first phase of our review looked at costs at B.C. Hydro and how we can reduce those costs for the direct purpose of maintaining rates at an affordable level for British Columbians. We have done that, and that’s what this legislation is about.

Phase 2 is going to be conducted over the course of this year. From there, from the first phase of our B.C. Hydro review and the second phase of our B.C. Hydro review…. Both of these are necessary to inform the IRP, which is, in very short form, the business plan for B.C. Hydro.

[5:00 p.m.]

The reason why we are moving the IRP further into the future is so that B.C. Hydro can develop its business plan using the information and the changes that are going to be resulting from the first phase, as well as the second phase, of our B.C. Hydro review.

G. Kyllo: With all due respect to the minister, 3½ years to develop a business plan seems like an extremely long period of time. I’ve seen start-up organizations develop a business plan in 12 or 18 months. We’ve been 18 months now into this government’s mandate, and I’m still trying to wrap my head around the reasons or rationale for 3½ years of duration in order to develop the integrated resource plan, which will largely establish the rate-balancing that different user groups are paying, whether it’s commercial, industrial or residential. Anyhow, is the minister able to share a bit more clarity around the reasons or rationale for a 3½-year time period in order to develop the plan?

Hon. M. Mungall: Let me clarify. Perhaps I’m not saying this in a way that the member is understanding, and I apologize for that. B.C. Hydro is not in the process of conducting a business plan right now. It’s not a three-year term for conducting their business planning or their integrated resource planning — which is what IRP stands for. Rather, they will be beginning that process once we complete the two phases of our B.C. Hydro review. I think it’s really important that we start after we complete phase 2 of our B.C. Hydro review.

This phase 2 is looking at how B.C. Hydro can be the crown jewel for British Columbians — as it has been in the past — going into the future, particularly in light of the CleanBC plan that this government has put forward. This is a very important plan that’s going to be looking at electrifying, with clean electricity, our industry around the province. It’s going to have to meet the demands of more zero-emission vehicles on the road. It’s going to have to meet the demands of people moving from gas-fired furnaces to electrical heat pumps, and so on and so forth.

There are a lot of things that are coming from this review. It just would not be prudent to start the business planning or the integrated resource planning prior to that review being completed. That’s why we have moved the IRP date further into the future.

G. Kyllo: Is the minister able to share with us when the last IRP or the last business plan was actually completed for B.C. Hydro and what the typical time frame would be for incremental updates to a business plan for an organization of the size of B.C. Hydro?

Hon. M. Mungall: The last IRP was in 2013. Ideally, you would have a new one every five years. It’s five-year planning at B.C. Hydro. We have a very specific circumstance here, though, where we are doing some major reviews at B.C. Hydro, and we want to make sure that an IRP is going to have that information, going forward. The act allows us to do that. That’s the important part of this — that the act allows for these types of circumstances and for government to comply with what the circumstances require, as in this case.

G. Kyllo: The minister references the act, which requires a five-year review period or, I guess, update, which would have meant that the updated IRP should have been completed last year. So we’re now already a year overdue, and the minister is indicating it’ll take yet another two years. I’m having a hard time understanding the rationale or the logic of why it’ll basically be an additional three years.

[5:05 p.m.]

If it was five years, it’s now going to be eight years before the IRP is actually completed. The estimated or anticipated completion date is, I think, February 28 of 2021. So it’ll be a full eight-year period. Again, I can fully appreciate that there are many things that are changing within the world of electricity when it comes to clean energy.

Having said that, this is not new. The minister, when she undertook the role of minister of the Crown agency back in 2017, I’m sure, at that time would have been briefed by B.C. Hydro. They’d have given her a full update on where things were at within the organization and also likely identified the act requirement of a five-year update of the IRP, which would have been due in last year’s, the 2018, fiscal. Not only was the timeline missed by a full year; through this bill, the minister is actually requesting yet a further two-year extension.

From five to eight years certainly seems very lengthy. I would anticipate — for most companies that are on a five-year business plan cycle, if they’re looking for an extension — six months, maybe a year. Three years just seems a bit exhaustive. I just wonder if the minister can share, with any specificity, what it is, what portion of the review is required, or what new information may be acquired by the Crown agency in order to allow them to actually complete and do the updated IRP.

Hon. M. Mungall: I feel like I’ve answered this question multiple times, so I’ll try again. The member says there has been nothing new since 2018, so why wasn’t a business plan completed or an IRP completed in 2018? I would like to remind the member that there have been new things. First off, in 2017, there was a new government with a new mandate. That mandate was that we do a review of B.C. Hydro.

[S. Malcolmson in the chair.]

That needs to take place, and it is taking place in two phases. I’ve talked about the two phases. I’m going to come back to it as well. What else is new is CleanBC. It’s our government’s plan to address our impact on climate change here in British Columbia, but it’s also an economic development plan. That plan is based on a widespread electrification of industry but also of the transportation sector, which are the two areas where we see our greatest carbon emissions.

[5:10 p.m.]

B.C. is very fortunate to have B.C. Hydro and to have the vast majority, 98 percent, of our electrical energy generated without any GHGs. The opportunity with CleanBC to electrify our industries and reduce greenhouse gas emissions is huge.

If we had developed an IRP before we completed CleanBC and completed that plan, the minute CleanBC was rolled out, that IRP would be out of date, because it would not be a business plan that could meet the demands of CleanBC. That’s why we not only have CleanBC but we have phase 2 of our Hydro review so that we can do that transformational review that’s going to place B.C. Hydro as the crown jewel — it always has been in the past — that it needs to be for the future.

I already mentioned zero-emission vehicles. With zero-emission vehicles — just that alone — it shows that the market is shifting. So with such major shifts in the market demand for electricity, it would be imprudent to have had an IRP go forward in 2018 before CleanBC was announced, before phase 2 was announced and before we had a full understanding of the demand that British Columbians have for zero-emissions vehicles.

We now have that understanding, and it is a strong demand. So how are we going to meet that? Well, B.C. Hydro needs to do that analysis, and then they need to put it into an IRP. Moving the IRP to a better time in the future so that we can get all of our ducks aligned and then deliver a business plan that’s going to work for B.C.’s crown jewel, B.C. Hydro — that’s the prudent thing to do, and I’m glad that we’re doing it.

The Chair: Member.

G. Kyllo: Thank you, Madam Chair, and welcome to the chair.

Can the minister share if…? The work that was undertaken in the phase 1 review — was that isolated and separate from the work undertaken in phase 2, or was the work of phase 1 required to be completed before the work under phase 2 could be undertaken? And if that is the case, what specifically was required on the phase 1 review that actually was requisite before the commencement of the phase 2 review?

Hon. M. Mungall: There are a couple reasons why we broke off our review of B.C. Hydro into two phases. One is that it’s a major undertaking, and we wanted to make sure that we were able to get started on some of the work that was going to be required rather than waiting several years for a review and then getting going. But rather knowing that there were some things that required immediate action, so we wanted to be able to get going on that. That was one of the reasons that we broke it off into two phases.

More importantly, I’d say that we broke it off into two phases because we had to establish a base, and that’s exactly what phase 1 did. It established that base in terms of revenue and costs at B.C. Hydro and ultimately costs to ratepayers and how we can get the rates under control. They had been going up quite substantially — 70 percent, actually, that rates went up under the previous government.

We made a commitment to British Columbians that we were going to make life more affordable and that we were going to find ways to reduce costs at B.C. Hydro to bring rates down.

[5:15 p.m.]

We’ve been able to do that in terms of…. We’ve reduced the rate increase by 40 percent from the previous government’s projections. So that created the base that we could then work from for that transformational review that is the second phase of our B.C. Hydro review.

So we now have the foundation that we can work from in terms of the internal structure at B.C. Hydro. Now how do we position it so that it’s going to be able to meet that future electricity demand that we know is going to be coming from industry, that we know is going to be coming from the transportation sector, that we know is going to be coming from individual British Columbians as they look at opportunities to reduce their fossil fuel use and increase their clean energy use?

G. Kyllo: Thank you, Minister, for the additional information.

The minister references that the phase 1 review was a major undertaking and was necessary in establishing a base. I’m assuming that’s a base of understanding, a base of knowledge with respect to the position that B.C. Hydro was in. Could the minister share with us specifically what actions were undertaken under that phase 1 review?

Hon. M. Mungall: There’s a public report for phase 1 of our B.C. Hydro review that was released on February 14. I can make sure that the member gets a copy if he hasn’t gotten a physical copy yet, but that is available on our ministry website. I always offer this to anybody. Finding what you’re looking for on a government website can be very, very challenging. I completely understand that, so I’m happy to send the member the link directly.

To give a few highlights from that report in terms of what we did in the phase 1 review, well, we had teams from the Ministry of Finance, the Ministry of the Attorney General and my ministry. They all worked together. For example, they looked at all aspects of B.C. Hydro operations and their costs. They also reviewed the entire regulatory structure overseeing B.C. Hydro. And that review of the regulatory structure is what’s resulted in a lot of the other aspects of this bill in terms of enhancing BCUC’s oversight as a regulatory body of B.C. Hydro.

Like I said, there was quite a lot of work done. Those two aspects alone are major undertakings, and I’ll just take this moment to thank all of the civil servants who dedicated their time to this. They did an outstanding job.

[5:20 p.m.]

G. Kyllo: Were there any other works that were entertained other than the direct work of the Ministry of Finance, the Attorney General’s office and the Ministry of Energy and Mines in undertaking the review, or were there any outside consultants or contractors that provided any specific reports to help inform government on what the minister had indicated — the work undertaken through phase 1 — to establish a base of understanding with the Crown corporation?

Hon. M. Mungall: The large bulk of this review was done internally, with internal modelling and the teams within the respective organizations — B.C. Hydro, Ministry of Finance, Ministry of Attorney General and Ministry of Energy, Mines and Petroleum Resources.

I think the member is aware that in part of our phase 1 review, we started to understand that we needed to get a better handle on the financial impact that private power production — so the IPP plan under the previous government — was having on the long-term books of B.C. Hydro.

We contracted with a very qualified individual named Ken Davidson. He looked at that particular aspect of the IPPs and its financial impact on B.C. Hydro, identifying, as a result of his study and his review, $16.2 billion over 20 years. His work would be the only outside work that was involved with this review.

G. Kyllo: The minister references a bulk of work that was undertaken internally, including internal modelling, as she’d indicated. Yet she has also confirmed that only in one instance was an outside contractor retained to actually undertake work.

Can the minister share with the House the level of trust and confidence that the minister had in the work undertaken by the outside contractor, Mr. Ken Davidson, in establishing their base of knowledge and base of understanding? I’m assuming that work that was undertaken in phase 1 will help to inform government as they move forward with the decision-making. If the minister could just confirm, I guess, the level of confidence with the work undertaken by Ken Davidson and what, if any, role that work would play in informing government on how they may move forward with the Crown corporation.

[5:25 p.m.]

Hon. M. Mungall: I’ve been clear on many occasions, and very consistently, that I have confidence in Mr. Davidson’s qualifications and his capabilities and with the results of his review — that they are accurate.

In terms of how that’ll inform us, going forward, particularly with our phase 2…. What Mr. Davidson’s report shows us is the financial results and how it has such a large implication for B.C. Hydro going forward.

In the future, as part of our phase 2 review, B.C. Hydro, ultimately at some point, is going to have to contemplate how it’s going to procure increased energy to meet increased demand over time. That’s very much a part of what phase 2 review is all about. We need to make sure that how we procure future energy has to be done in a way that is cost-effective to ratepayers. Ultimately, they foot the bill. So it’s very important to have the type of knowledge that Mr. Davidson was able to give us from his review to have an understanding of what kinds of programs would be financially detrimental to the ratepayer and what kinds of programs may perhaps be better for the ratepayer.

G. Kyllo: So the work that’s going to be undertaken in phase 2…. Is there any of the work that is going to be undertaken in phase 2 that could not have been undertaken at the same time that the phase 1 review was being undertaken? Again, the minister has indicated that the act actually required an updated IRP to be completed in 2018. We’re here now in 2019, just seeing the completion of phase 1, with phase 2 yet to be underway.

So my question is: was there any of the work that was planned to be undertaken in phase 2 that could not have been undertaken or started until phase 1 was completed? Further to that, the work that’s established or set out in phase 2, what is it specifically, or what timeline reviews were undertaken, determining that a full two years were required to complete a phase 2 review? There must have been some analysis undertaken by the ministry to determine the appropriate timeline to undertake those works. I’d just like see if the minister would be kind enough to share that with us.

Hon. M. Mungall: We are straying a little bit away from the bill here. The bill doesn’t actually deal with phase 2. It only deals with results from phase 1. The member has asked some questions around phase 1, though, so I’ll answer. But I just want to make sure that we stay on track with the bill here.

I want to be clear, though, that I did not say that phase 2 was going to take a three-year time period. Rather, I believe I did say that it’s going to take a one-year time period. Following that one-year review, over the course of a year, B.C. Hydro will then have the opportunity to do its integrated resource planning. That takes, generally, minimum a year. So once they have completed that, then they would be going forward to the B.C. Utilities Commission in February 2021.

Part of their IRP involves consultation and so on. So it does take time. It’s not something that you write on the back of a napkin, and I know the member knows that. But I just want to be very clear that it is a very serious undertaking. It’s not the phase 2 review that’s taking up the amount of time over the next three years. It’s actually that IRP.

In terms of phase 2, we are finalizing the terms of reference right now.

[5:30 p.m.]

G. Kyllo: Where the questions arose is that the IRP…. The bill actually contains a request that the IRP be moved out until February 28, 2021. That will be three years past the actual requirement as set out in the act. It was actually the minister who had shared with us the work that was undertaken on phase 1 and the timeline for that to be completed. It also referenced phase 2. Is there a requirement that phase 2 of the review be completed prior to the establishment of the IRP plan?

Hon. M. Mungall: The terms of reference for phase 2 will have a reporting date of when that phase 2 review should be completed by. To answer the member’s question, that’ll be well in advance so that B.C. Hydro can therefore commence with its IRP.

G. Kyllo: The question that I raised a few questions ago was if there’s any of the work that’s undertaken in phase 2 that could not have been undertaken previously, maybe as early as a year and a half ago or a year ago, or if there are any works that could have been undertaken at the same time as phase 1.

The minister is sharing with us that part of the reason for moving the IRP renewal date out till February 28, 2021, is because of the breadth of work that has to be undertaken. I’m just wondering if the minister can share with us if there’s any work that’s going to be established or set out in phase 2 that could not have been undertaken, maybe, as a broader review of phase 1.

The minister did share with us some resource issues, potentially. But if phase 1 and phase 2 are fully required to be completed before the IRP plan, then I think that questions around phase 2 are fully relevant to the bill that’s before us.

Hon. M. Mungall: I don’t want to leave the member with the impression that B.C. Hydro isn’t always monitoring markets and isn’t always monitoring changing behaviours of its customer base. It’s always doing that. But how you, therefore, apply that information in terms of where you see yourself as an organization and as a public utility in ten, 15, 20 years down the road is not the work that they always do. That’s part of that phase 2 review.

In terms of answering the member’s question, the most direct way I can possibly do it is to say no. The phase 2 work was placed into a second phase, and the phase 1 work was placed into that initial phase precisely because they’re separate approaches, and phase 2 builds off of phase 1.

G. Kyllo: For a point of clarification, the work that will be undertaken in the phase 2 review could not have been undertaken until phase 1 was completed. The work that was undertaken in phase 1 will largely inform the work that’s going to be undertaken in phase 2.

Just a point of clarification, if the minister could clarify if that is what she intended by her answer.

Hon. M. Mungall: Two things I really want to highlight for the member. He wants clarification, so I want to make sure we have the context around this.

[5:35 p.m.]

Phase 1. Not only will it be informing phase 2, but it’s also informing B.C. Hydro’s revenue requirements application. I live in a world of acronym soup. We call it the RRA. Phase 1 is informing B.C. Hydro’s RRA, which is before the BCUC, the B.C. Utilities Commission, right now.

Phase 2 will be informing the IRP, the integrated resource plan. That would go before the BCUC February 2021, with this act. Part of phase 2 is not only building off of phase 1 but is also building off CleanBC, as I’ve discussed already. That’s why those items had to go after phase 1 was complete — as well as building off of phase 1, it is building off of CleanBC.

There’s also a logistical thing that we often don’t think about. Basic administrative realities and resource realities…. For B.C. Hydro to do an RRA and an IRP at the same time is not possible. They just don’t have the resources to do both of them. These are major, major undertakings, so to do both of them at the same time, the administrative resources just aren’t there for that. So we had to do phase 1 in the past year to inform their RRA before BCUC that started this spring.

G. Kyllo: The minister references resources internally. The minister also had shared with us a significant body of work that was undertaken by Ken Davidson, work that was contracted out.

Was there a consideration of the opportunity to contract out further works that might be established under phase 2 and the opportunity to have undertaken those works earlier such that we wouldn’t be waiting yet another two years before the next IRP plan?

Hon. M. Mungall: At this point, I feel like we have diverted from the substance of the bill — to be talking about contracting out for phase 2 work. I already said to the member that the terms of reference are just being reviewed right now and being finalized right now and are not a part of this legislation.

G. Kyllo: Well, the bill that’s before us clearly establishes the opportunity for the minister to push out the IRP plan a full three years past the requirement that’s set out in the act. The minister has shared with us that the work that’s required on phase 1 and phase 2 is required in order to inform and allow the opportunity for the IRP to be completed. So I believe they’re intrinsically linked, and I do believe that it actually is fully relatable to the bill that’s before us for consideration right now.

With all due respect, I would appreciate a response from the minister.

Hon. M. Mungall: Chair, you may have to make a ruling in this situation. I contend that we are far beyond the scope of the bill at this point.

The Chair: The minister has indicated it’s beyond the scope. I think you’ve got a lot of answers, a lot of content on this, so I’ll encourage the member to move to a new area of questioning or to keep focused on the exact content of the legislation before us. Thank you.

G. Kyllo: Thank you, Madam Chair. Happy to move on ever so slightly.

Will the delayed IRP contain any of the answers to the missing 25 percent of the CleanBC plan?

[5:40 p.m.]

Hon. M. Mungall: I’m very certain that the content of the future IRP — I don’t have a crystal ball to fully know what will all be in it — is not in this bill. Therefore, I don’t know how we can possibly debate the future content of the future IRP in the bill that’s before us today.

What I can tell the member is that that IRP will be going before the B.C. Utilities Commission because of this bill rather than cabinet, which was the case under the previous government.

G. Kyllo: I think, as the minister had indicated, there were a number of different ministries that were participating in the initial phase 1 review. The minister indicated the Ministry of Finance, the Attorney General — I’m not sure why they would have been involved, but the minister indicated they were — as well as Ministry of Energy and Mines.

One of the minister’s responses gave specific reference to CleanBC as one of the reasons for undertaking or requiring the additional time in order for the IRP to be established. The request set out in this bill for the extenuation or the extension of the timeline for the IRP was, in part, for phrase 1 and phase 2 works, as the minister indicated.

Also, from the minister’s comments, or what I understood from her comments, it was also required for CleanBC. I guess, with all due respect, the missing 25 percent of electrical supply that is set out in the CleanBC plan…. I’m just asking if the intention of either the phase 2 works or the work that’s been undertaken for the IRP review will take that into consideration.

[5:45 p.m.]

Hon. M. Mungall: Again, it’s definitely beyond the scope of the bill to try and contemplate what is in an IRP that hasn’t even been written yet and isn’t going to be written for a few years, and isn’t even going to be put before the B.C. Utilities Commission for a few years. So I’m not going to do that. I’m not going to have that back-and-forth with the member.

What I can tell the member is that in CleanBC, we have met 75 percent of our GHG reduction targets with the plan. We have another 25 percent to go. That’s GHG reductions. That’s not actually what would go before the B.C. Utilities Commission in an IRP. What goes before the B.C. Utilities Commission is meeting electrical demand. And because that 25 percent hasn’t been completed, I can’t say whether it’ll be based on increased electrical use or not. It might be something else, right? And if the member wants more detail on what it could possibly be, he should be asking the Minister of Environment and Climate Change Strategy.

G. Kyllo: Were the ministry and B.C. Hydro actively involved in the development of the CleanBC plan? I say that with all due respect. As the minister has indicated, quite often, there are a number of ministries working together on certain files. I think British Columbians appreciate the fact that they like to see government not working in silos. I appreciate that the CleanBC plan is within the Ministry of Environment, but because it’s so intrinsically linked to the electrical requirements that will largely be placed on the backs of our Crown B.C. Hydro, I’m just wondering if the minister is able to share with us the work that has currently been undertaken with the Ministry of Environment on the development of the CleanBC plan.

Hon. M. Mungall: That would have been a great question in estimates. In terms of ministry involvement in the CleanBC plan, I don’t know how that relates to the bill.

The Chair: Member, if you can move on. Thank you.

G. Kyllo: Well, thank you, Madam Chair. I think that it may be a bit of a stretch, but again, we’re talking about an extension, a three-year extension past the actual requirement date set out in the act, of the IRP the minister has referenced, the requirement for both the phase 1 and phase 2 review to be completed in order to inform that plan. The reason for the request that’s set out in this bill for that extension is largely to undertake the completions of phase 1 and phase 2. With all due respect, I feel that the work that might be undertaken in phase 2, if that truly is the reason for the extension, certainly should be part of the line of questioning that I can ask of the minister.

[5:50 p.m.]

If the minister indicated that there were other reasons and phase 2 had no reason or play in the extension, well, then I would agree that the questions may be out of line, but the minister has indicated the reason for the extension of the application for the IRP is in order for phase 2 works to be undertaken. Any work that’s undertaken in phase 2…. It appears that the minister is indicating that they haven’t even completed the terms of reference.

Where I started my line of questioning was: what works are undertaken in phase 2 that couldn’t have been undertaken a year and a half ago? The minister has indicated to me and to the House that the work of phase 1 was required to be completed before they could actually move forward with the work on phase 2. Yet the minister is also sharing with us that the terms of reference have not yet been established for the work under phase 2.

I’m at a bit of a loss. Either the works of phase 1 and phase 2 are very distinct and build on each other…. If that is the case, the minister should be able to share with us, with the House, the work undertaken in phase 2. If she’s unable to share with us the work undertaken in phase 2, which was part of the reason for the extension application…. There’s no reason why those works couldn’t have maybe been undertaken a year and a half ago.

With all due respect to the minister, I do hope that the minister can provide some clarity for us.

The Chair: Member, you’ve asked this question in a number of different ways. The minister has indicated that what would be achieved by passing section 2 would be a process change and not an outcome.

Your concerns are on the record. I think the minister has indicated that she’s answered as much as she can within the confines of this legislation. So I’d suggest you move to another line of questioning related to section 2, please.

G. Kyllo: Absolutely, Madam Chair. It’s unfortunate there’s a reluctance in sharing that information.

In any event, another question. The B.C. Utilities Commission would have had to consider the delayed IRP in its approval of Hydro’s expenditure schedules. What are the material impacts of this delay on expenditure schedules that are considered by the B.C. Utilities Commission?

The Chair: I’ll maybe encourage the minister…. If you want to respond to that question, just so that we don’t lose the thread there. Then, by consent, we’ll recess for a little under ten minutes.

Hon. M. Mungall: The B.C. Utilities Commission files information requests to get sufficient information to make its decisions.

The Chair: By consent, we’ll recess for, let’s say, eight minutes, and we’ll see you back here shortly.

The committee recessed from 5:54 p.m. to 6:03 p.m.

[S. Malcolmson in the chair.]

The Chair: We will return to the member for Shuswap for your next question.

G. Kyllo: The last question I had asked just before our break was: what are the material impacts of the delay of the IRP on expenditure schedules that are considered by BCUC? The minister had indicated that the BCUC files info requests, but I don’t know that I actually got an answer to the question. Again, what are the material impacts of the delay on expenditure schedules considered by BCUC?

[6:05 p.m.]

Hon. M. Mungall: Sorry, I did not provide a fulsome answer, for the member, to his last question. I apologize for that. We’ve all had a break. We’ve all had some cookies. We’re ready to go. So I can give the member what I hope he’ll appreciate is more of a detailed answer.

How it works is that the B.C. Utilities Commission will ask for updated information from B.C. Hydro between IRPs. Whether that IRP gap is three years, five years, eight years, whatever it is, when B.C. Hydro goes forward to the BCUC with, for example, an RRA, like it is right now…. That’s a revenue requirements application — rates application, more understandably for people who don’t want to live in the acronym soup that I do.

When B.C. Hydro is before the BCUC with an RRA, for example, the BCUC will ask for updated information to ensure that they are able to make a decision on the expenditures schedule and go from there.

G. Kyllo: Okay. So if the IRP is being delayed, it just requires, I guess, additional clarification from the B.C. Utilities Commission to B.C. Hydro to have a better understanding of where things are at, at that point in time. I’m seeing a nod from the minister. Thank you very much for that.

B.C. Hydro spokespeople have actually confirmed that the uncertainty around the LNG Canada project has led, in part, to the delayed IRP. Was B.C. Hydro not sufficiently equipped to deal with the requirements of upstream electrification? Did that play any part in the delay of the IRP?

Hon. M. Mungall: What I understand the member to be asking is if the delay in the IRP that is part of this legislation is a result of the uncertainty around LNG Canada’s load, as well as load associated with upstream electrification. “Upstream” in the oil and gas sector would be the activity that’s going on in the northeast of British Columbia, for those who might be watching and not know what all these terms mean.

The answer is that before we had an FID from LNG Canada, yes, there was uncertainty in terms of what the demand would be and when it would be required. Now that we have the FID, there is more certainty, and B.C. Hydro is able to plan for that.

[6:10 p.m.]

In terms of upstream electrification, we’re getting a better sense of what we need to be planning for that as well. Upstream electrification was also part of our CleanBC plan. We anticipate — I anticipate — that going forward into the future, in terms of the overall desire and need to electrify various industries, whether it be mining or upstream oil and gas, B.C. Hydro will be taking all of that into consideration. We will be taking all of that into consideration in terms of our phase 2 review, and therefore, it would definitely be informing the IRP.

G. Kyllo: Earlier on the minister indicated the work of phase 1 and phase 2, which were required to be completed before the IRP could be completed. I’m now hearing that in addition to the completion of phase 1 and phase 2, other considerations were undertaken or considered in establishing the need for moving the IRP plan out for another two years, three years past the required date.

I just want to clarify. The delayed decision by LNG Canada and the potential for the upstream electrification…. I just wanted to ask: can the minister confirm that those were also considerations of the extension for the completion of the IRP?

Hon. M. Mungall: As I was saying earlier, the primary drivers for the extension of the IRP have been the phase 1 and phase 2 review of B.C. Hydro. Those are absolutely the primary drivers for this. Needing to understand better the load coming from LNG Canada…. I wouldn’t say that was a significant driver at all, because we just didn’t know if an FID was going to be coming in when we started this endeavour with the phase 1 review.

In terms of electrifying the upstream, like I said, that was part of a CleanBC plan, and we know that CleanBC plan is going to have to inform the phase 2 review. So again, I wouldn’t say that that, outside of CleanBC, was a driving factor. It’s hard to describe it, though, because it was part of CleanBC, and CleanBC is a significant component to be considered in phase 2.

G. Kyllo: Will the public have to wait until the IRP is completed to learn of the missing 25 percent of the CleanBC plan?

[J. Rice in the chair.]

Hon. M. Mungall: I think we’ve already addressed this. What is in the IRP ultimately, the details of it, is not up for debate here, because it hasn’t even been written. But it’s definitely not a part of the bill.

G. Kyllo: Again, it may be a bit of a stretch on my part, but the delay on the completion of the IRP, the minister indicated, was in part — maybe a small part — due to the uncertainty around LNG Canada’s decision and the potential requirement for the electrification of the upstream. If those two factors actually did result and, in some way, indicate or drive the need for the two-year further extension of the IRP, I feel it is applicable. But I’m happy to move on.

[6:15 p.m.]

The minister has been repeatedly attacking independent clean energy producers, using what I would say is faulty data, but B.C. Hydro itself has said that it will need to look at additional energy options to deal with upstream electrification. “Our next IRP will also be looking at new generation, transmission and demand-side-management options beyond Site C to meet any expected future need for electricity.”

The question to the minister: does the minister have a plan to deal with the added demands of electrification on our grid?

Hon. M. Mungall: In terms of how British Columbia is going to meet future electrical demand, that is part of the IRP process. It’s not me, personally, that makes that decision. Rather, B.C. Hydro develops its plan in consultation with stakeholders, industry, and so on, and they then create a 20-year forecast for what the demand might be and how they intend to meet that demand. Then they go to the B.C. Utilities Commission, who, from this legislation, would be reviewing that and approving, ultimately, or disapproving or making changes or however the B.C. Utilities Commission decides what it would like to do with the IRP. That’s the process.

G. Kyllo: Well, I appreciate that B.C. Hydro would be likely consulting with industry but also government in that government policy will probably have the largest significant impact on B.C. Hydro as far as their future electrical demands, much more than just the industry that may grow or go through different times of even retraction.

The policy that’s being established by the government will have a significant impact, and I think for the better. I think most British Columbians appreciate that — that as we see movement away from combustion engines, reductions in GHG targets, largely…. And it’s already established and clearly set out in the CleanBC plan, at least for 75 percent of the GHG emission reduction targets — that the large majority of that will be undertaken and achieved through electrification, which will have a significant impact on the Crown corporation, on B.C. Hydro.

Is the minister able to share what role the ministry — not just her ministry but, I guess, government in general — will have in establishing the policies that will largely drive additional electrical demand to B.C. Hydro in the future years and how that may or may not impact the IRP?

[6:20 p.m.]

Hon. M. Mungall: If I understand the member’s question, it’s: what is government’s role in terms of the policies that influence electrical demand that would therefore need to be met in the integrated resource plan? Of course, government has a variety of influence through its policies in terms of electrical demand.

The member mentioned the ZEV mandate, for example, but of course, government policies aren’t the only factor. There are concerns about customer behaviour. So while government has a policy that right now is coming from CleanBC to give people rebates for making a switch from a natural gas furnace to an electric heat pump, not many people might take us up on that. I hope that’s not the case. I hope that it is very wildly popular. Same with the ZEV rebates. I hope it’s wildly popular. But if it’s not, then, ultimately, that behaviour is something that also influences B.C. Hydro when they have to plan out for their IRP.

There are a variety of other things as well in terms of what might be going on with broader markets, what might be going on with industry and their future needs. Commodity prices, we know, play a very important role in terms of determining the success of our mining sector in B.C. So if commodity prices go down, how would that impact the demand on B.C. Hydro for electricity needed in the mining sector, and so on?

G. Kyllo: I think I’m just trying to draw to the attention…. I know the minister is aware of this, but the ability of government to effect public policy will largely influence the public’s behaviour. No incentives for the ZEV program for electric vehicles, and you’re largely going to reduce the amount of people buying, as evidenced, I think, in Ontario. They took away the rebates, and purchases of electric cars plummeted to an all-time low. So obviously, I think it’s going to be intrinsically important that, as the policies are developed by this government as set out in the CleanBC plan, it will have a significant impact on the IRP for B.C. Hydro in order for them to plan.

Some of the questions that I believe were raised last week in estimates were ensuring that, you know, if there’s clearly a direction of this government in order to encourage folks to move away from combustion in vehicles and move into electric vehicles, it is very important for B.C. Hydro and, I think, the general public to know that the money is there to provide the rebates that we know are going to be necessary for people to make those transitions.

More of a statement than a question. I think what I’ll do, Madam Chair, is move on. That was the last question I had on section 2.

Sections 2 to 5 inclusive approved.

On section 6.

G. Kyllo: The minister has repeatedly attacked clean energy producers using debunked data. I’m just wondering: why is the minister choosing to keep the standing offer program on the books? And as a follow-up, is the minister planning on re-activating the standing offer program, even though she’s smeared clean energy producers?

[6:25 p.m.]

Hon. M. Mungall: No one has credibly debunked any of the information that Ken Davidson put forward in his report Zapped. I know that the member shared opinions in the estimates process, which is not part of this bill. On that and just for the record, Ken Davidson’s report stands and is accurate, and I have said many times that Ken had incredible qualifications to do that work.

In terms of the standing offer program, I don’t know that that is about section 6, but for the member’s benefit, we are having a consultation process with First Nations who are impacted by the indefinite suspension. At this time, however, we have no plan for B.C. Hydro to be buying further surplus power.

G. Kyllo: Well, if there’s no intention for the government to purchase additional power, can the minister share with us why she’s allowing the standing offer program to remain on the books?

Hon. M. Mungall: We do know that well into the future — not right now; maybe 15 years down the road — we are going to need to procure more power. I addressed this in an earlier question. How that program is going to look is going to be determined by a variety of factors in the future, including our phase 2 review as well as the CleanBC plan and other factors.

G. Kyllo: Okay. So there is at least an understanding or maybe an expectation that there will be additional requirements for additional power in the future and that those power requirements may indeed be fulfilled through the standing offer program. I just looked for a little bit of additional clarity from the minister. So there is an intention to reintroduce the standing offer program at some point in time.

Hon. M. Mungall: I didn’t say that there’s a definitive intention. It’s an option that government wants to retain, because there’s so much that is yet to be determined.

Sections 6 to 9 inclusive approved.

On section 10.

G. Kyllo: Is the minister planning to exempt Powerex from the B.C. Utilities Commission review?

[6:30 p.m.]

Hon. M. Mungall: It’s because Powerex is actually regulated by a different entity and to include it being regulated under the B.C. Utilities Commission would essentially be duplicating work that’s already being done and, therefore, would probably add expense to ratepayers. Right now it’s being regulated by the U.S. Federal Energy Regulatory Commission, and that’s because Powerex operates in the United States.

G. Kyllo: Is there an actual goal for the exclusion? The minister indicated that they’re under the review of a U.S. entity. I think British Columbians might be interested to know why they would not undertake to have the B.C. Utilities Commission also maybe weigh in and monitor and, eventually, actually pay attention in monitoring Powerex and its operations. It has a significant impact on revenues. They’re certainly a big contributor, I think, to B.C. Hydro’s bottom line.

If the minister can share with us why, specifically, they are not looking to have the B.C. Utilities Commission undertake a review of Powerex.

Hon. M. Mungall: I alluded that…. It would be somewhat duplicative. You would have two entities, two regulatory bodies, regulating Powerex. That’s one of the reasons. But mostly, it’s a different function. The B.C. Utilities Commission is about regulating rates, ultimately. All the work that B.C. Hydro does before BCUC is, ultimately, about setting rates.

Powerex does not. It’s not about rates. Powerex is about selling and buying power. It operates in U.S. and Alberta markets. So it’s not actually operating within the B.C. market for BCUC oversight. Because it’s operating in other markets, it’s those markets’ regulatory bodies that provide the regulatory function to oversee Powerex.

I just want to commend the member for being a champion of BCUC. We didn’t see that from B.C. Liberals for about 16 years.

G. Kyllo: Well, there was a shot. I was waiting for it.

I wasn’t looking for the B.C. Utilities Commission to regulate. It was more to review. Powerex generates a significant amount of revenue. It has an impact on what British Columbians might consider as being green power.

We know that, largely in Alberta and the United States, when there’s either coal or natural gas-fired generating plants that are running, they run 24 hours a day. They don’t just ramp up and turn off at nighttime when there’s no demand. So power is available at a very low rate.

Powerex, quite often, will purchase that brown or dirty power when it’s very affordable in the evening and use that power to meet B.C.’s electrical demand — meanwhile, slowing down the turbines at some of our major generating facilities in order to retain water, which can be then drawn upon at different months of the year when power prices are very high.

The minister references being respectful to the ratepayers, the impact on the ratepayers. Residential, commercial and industrial customers pay in British Columbia. It is largely impacted by the success or failure of Powerex in both making sure that B.C. meets all of its own power demands but also the opportunity to actually monitor the markets. The revenues in Powerex do have, in my understanding, an immediate and direct impact on ratepayers.

[6:35 p.m.]

Therefore, I think if the B.C. Utilities Commission is largely there to monitor and to be responsible for ensuring that ratepayers are protected in British Columbia, including Powerex under the review of BCUC certainly would be valuable. I think most British Columbians would agree that that just makes sense.

Hon. M. Mungall: The reason why Powerex’s day-to-day activities are not reviewed by BCUC prior to them taking place is that Powerex is operating from minute to minute. BCUC just can’t turn around and provide that type of oversight in a nimble and flexible enough way for Powerex to do its job. Basically, we’d have to shut down Powerex, if that’s the type of review the member is talking about.

I don’t think it is, though. I think the member is wondering: why don’t we have BCUC review Powerex’s activities, perhaps on an annual basis? Why isn’t Powerex’s annual report going before BCUC as well as to the board at B.C. Hydro? What I would tell the member is that, actually, BCUC does see the projected and the past revenue of Powerex through the revenue requirements application, the rates application process.

G. Kyllo: But this bill specifically exempts Powerex from BCUC review.

Hon. M. Mungall: That’s what this bill is doing, in terms of exempting Powerex from BCUC review. It’s those activities beforehand. If Powerex wants to buy power from another jurisdiction or sell our power to another jurisdiction, that’s what BCUC is not regulating. The reason is it just can’t do that in real time, so we would miss out on any opportunity to buy or sell power if we had that.

[6:40 p.m.]

Currently BCUC does not do this type of regulatory oversight. It doesn’t do that by regulation. We’re just putting something from regulation into legislation, making it a bit more transparent.

G. Kyllo: Powerex — and, I guess, the behaviour of Powerex — has an impact on GHG emissions that are actually created here in British Columbia. The Leader of the Third Party recently raised questions, last week in estimates, indicating that at times, Powerex is purchasing brown power from outside British Columbia, largely from either coal- or natural gas–fired power plants, in order to meet B.C.’s energy needs, although we actually have green power that’s available and that could be utilized.

When we have a look at the work that has been undertaken by government on the CleanBC plan and the potential impact that Powerex could have on profitability — the ability of selling power at a high rate and purchasing power at a low rate, which is, really, largely what they do — that also has an impact on B.C.’s greenhouse gas emissions. I think they are kind of intrinsically linked. I’m just wondering if the minister could provide some clarification on how she feels that the work of Powerex should not be under the purview of the B.C. Utilities Commission.

Hon. M. Mungall: First, the B.C. Utilities Commission does not regulate greenhouse gas emissions. So if we were going to assign Powerex to be reviewed and all of its day-to-day activities reviewed by BCUC, you would not get the end result that its GHG profile from its imports would somehow be regulated. That wouldn’t be taking place. However, Powerex’s imports and their GHG profile are reported out every year through the Ministry of Environment, so that public knowledge is there.

I do want to highlight something I did say in estimates, which is that other jurisdictions from where we’re buying power are changing their power generation. So the profile, in terms of our GHG emissions from the places where we’re importing power, is also changing. We’re seeing more wind and more solar in that overall profile.

G. Kyllo: I’m not suggesting, one way or another, how Powerex operate. The point I’m trying to make is that the performance and the profitability of Powerex are directly relatable to policy decisions by government. If government is looking to make policy decisions around GHG reduction, it could potentially have a significant impact in reducing the profitability of Powerex because there’d be more reliance on green power. As the minister indicated, as far as the total capacity of B.C., it’s 98 percent clean energy. But the power consumed in British Columbia is a factor much less than that. I don’t know what that number is. Not to belabour the point, but the profitability of Powerex does have an immediate and direct impact on ratepayers.

[6:45 p.m.]

If the B.C. Utilities Commission’s role is largely to be respectful of ratepayers and to monitor to make sure that ratepayers are being treated properly, I feel that the B.C. Utilities Commission should have a more direct linkage to the operations of Powerex.

I will go on to my next question. Are we to expect changes to Powerex’s profits as a result of the exclusion or exemption from BCUC review?

Hon. M. Mungall: The answer to the member’s question is no. We don’t anticipate any changes to Powerex’s profits as a result of this legislation. I would be concerned that we might see changes to Powerex’s profits if we did require all of its activity on a day-to-day basis — every single bit of it — to be reviewed every single day by the B.C. Utilities Commission, because it just would not become nimble, and it would not be able to actually operate in the markets. That’s the intention behind this particular section.

With that, I move that the committee rise, report progress and ask leave to sit again.

Motion approved.

The committee rose at 6:46 p.m.


PROCEEDINGS IN THE
BIRCH ROOM

Committee of Supply

ESTIMATES: MINISTRY OF HEALTH

(continued)

The House in Committee of Supply (Section C); S. Chandra Herbert in the chair.

The committee met at 2:45 p.m.

On Vote 31: ministry operations, $20,698,339,000 (continued).

Hon. A. Dix: Is this birthday rumour true?

The Chair: I’m told it is indeed true. I don’t remember the day itself, but my mother assures me it did happen.

Hon. A. Dix: Well, happy birthday. Really, it’s a week-long celebration. That’s good news.

N. Letnick: Thank you to the minister and his staff. Also, thank you for yesterday, for the first day of estimates with the minister. The answers were clear. My colleagues were very happy. We got through all my colleagues’ questions but one. The one member will be back tomorrow to ask one or two questions, and then the critic for seniors and the critic for Mental Health and Addictions will also be in attendance.

We have set aside some time in the afternoon — the first hour — for the Third Party to ask their questions. Then, I understand…. Well, we’ll be at the mercy of the House Leaders as to whether or not there’s room for anything else.

I would assume that the only opportunity for us to have a discussion, minister to critic, is this afternoon. For that purpose and because of the number of items that I’ve been collecting over the last year on behalf of stakeholders and other interested parties, I met with the minister’s staff to give them a pretty clear brief as to what the areas are going to be — in many cases, what the questions are going to be. That way, hopefully, we can get through all of these in an expedited manner. Without any further ado, if it’s okay with the minister and the Chair, we’ll begin.

So $20 billion is a lot of money. Could the minister please describe what the planned Health budget growth is over the next three years?

Hon. A. Dix: Much thanks to the member for Kelowna–Lake Country, the critic, for having organized the estimates so well. I think it really helps to get through material, and we’re going to try and meet the test today and get through the issues that he wants to present before us on behalf of people he’s met and on behalf of the opposition.

The Ministry of Health budget, of course, for 2019-20, is, as you say, $20.846 billion. It represents an increase from the prior year of $1.091 billion, or 5.5 percent. Over the three years in the fiscal plan, the Health budget increases by $1.3 billion, which is 12.2 percent overall in that period.

I know the member will have follow-up, but I’ll just give you a sense of what’s driving some of the increases, some of the items that were given particular focus in this year’s budget. Many are for the B.C. Cancer Agency — over the next years, $105 million; the B.C. Children’s and Women’s Hospital, $24 million; the B.C. emergency health services, $51 million. Global funding increase for ’21-22 — as the member knows, these are put out in advance — is $639 million.

We also received resources for new drugs in the PharmaCare program, which we’ll get to later, which is $42 million over the three years — so $14 million a year, in addition to the inflation increases.

[2:50 p.m.]

We received resources to support transition on the employer health tax — obviously, compensation increases — the overdose emergency response and the mental health strategy, all of which are part of the incremental dollars.

That’s what the budget looks like over the next three years.

N. Letnick: Would the minister agree, then, based on those numbers…? If I can just go back a few years — five years, for instance. The budget was just under $17 billion. Then it went to $17.4 billion, which was a 3.1 percent increase. Then it went to $17.9 billion, which was a 2.9 percent increase. And then in ’17-18, it went up to just under $19 billion, $18.9 billion. In ’17-18, it went up by 5.4 percent, quite a considerable jump. Last year it went up to $19.7 billion, which is 4.5 percent, another considerable jump, and then this year, as the minister stated, 5.5 percent.

Then it goes down, back to the previous first years that I just mentioned. It goes back down to a 3.2 percent increase, and then in ’21-22, at $22 billion, it’s a 3 percent increase.

This almost looks like a bell curve, where you have 3 percent, 3 percent, 3 percent, 5.4 percent, 4.5, 5.5 and then back down to 3.2 and 3. I just want to confirm that I have my math correct.

Hon. A. Dix: The member is correct. I’d be happy to share. I’ve got a document, which he may well have, that deals with three questions, estimate actuals, and by health function within government. They show, roughly, what the member talks about.

The member will know in the period essentially between 2012 and 2017, those increases in those years were just under or at 3 percent, in that range. To a degree, that reflected, as well, reductions and increases in the Canada health transfer. For a long period in the ’04 to ’14 agreement, federal increases in the health transfer were higher than provincial lifts, and then they came together in the last number of years. Again, provincial lifts have been higher than the federal lift in the Canada health transfer net and other federal initiatives that have come forward.

He’s right that in 2017-18, both in the budget that was tabled in February and then in increases in the budget, which were largely devoted to mental health and addictions but were within the Ministry of Health envelope, that amount moved up to 5.4 and this year to 4.4, of course. And these are, of course, cumulative…. So 3 percent includes all of the others, so that has to be kept in mind. When we have these increases, that’s the case.

In future years, these are the base levels set for future year budgets, for future increases — what the ministry can expect. The member, as a former minister, is aware of the Treasury Board process — that should we wish more or require more or have other initiatives, we would have to seek that in that process. Today we’re obviously debating the budget for this year, which is the increase of 5.5 percent. That’s reflected, obviously, in the motion we put forward at the beginning. But that’s the situation.

In the next two years, that’s the base lift increase that has been established in the three-year plan. Should the ministry wish or require more or make the case for more, it would be more than that, and that would be determined, of course, by the Minister of Finance on budget day.

N. Letnick: Thank you to the minister for that. I’m going to move now to 1(b). For those of you who are watching, the minister and his staff actually have a list of all the topic areas in advance. So 1(b) talks about….

Interjection.

N. Letnick: So the planned budget growth for the regional health authorities…. Given that the minister and I have agreed on the increases being approximately 3 percent for a few years and then approximately 4½ to 5½ percent for three fiscal years and then down to 3.2 and 3 percent in years 2 and 3, I was very curious to see the source of the same numbers described for the health authorities. In this fiscal year, the year we’re dealing with, the increase is 3.9 percent for the health authorities.

[2:55 p.m.]

But in year 2, while for the ministry it’s a 3.2 percent projected lift — if he needs more, he goes to Treasury Board; we know that argument — for health authorities, it goes down to a 2.4 percent lift. Then in year 3 of the plan, it goes down to a 1.6 percent lift. Given that — in my little knowledge of health inflation — there usually is somewhere around 4 to 6 percent a year annual health inflation, it really exceeds the standard CPI.

How does the minister plan to make sure that the health authorities have the money they need to deliver improved services, let alone expanded services, when they’re actually going to be realizing a net increase of only 2.4 percent in year 2 and then 1.6 percent in year 3. As I said, health inflation’s probably 4.6. I’m not going to suggest there be any cutbacks. There might be efficiencies or something else the minister has in mind that can support these lower numbers than inflation. I look forward to hearing the answer.

Hon. A. Dix: Thanks to the member for his question. I think it’s possible we’re operating under different numbers, so I’ll just read in the numbers that we have for this year and subsequent years. Then, if the member wants, I’ll also be happy to share with him the back numbers. I don’t want to take too much time and go through all of those.

The numbers for regional health authorities this year are 6.1 percent. That number in Fraser Health is 5.8 percent; Interior Health, 6.4 percent; Vancouver Coastal Health, 5.2 percent — this is based on funding letters; Vancouver Island Health, 5.1 percent; Provincial Health Services Authority, 8.5 percent. That 8.5 percent reflects the cancer agency increases that we’ve talked about. That’s why it is higher.

The expected increase based on the three-year plan for next year is 3.4 percent and 3 percent in the third year. That is similarly divided amongst the health authorities. But I’ll just give one year, and then I’ll actually be happy to share the note with the hon. member: 3.5 percent, Fraser Health; 3.1 percent, Interior Health; 2.8 percent, Northern Health; 3.1 percent, Vancouver Coastal Health; 2.6 percent, Vancouver Island Health; 4.5 percent, Provincial Health Services Authority; which add up, collectively, to the 3.4 percent. So 6.1, 3.4 and 3 percent for a cumulative increase over the three years of 12.9 percent.

N. Letnick: Thank you to the minister. I’m realizing right away, given all we have to talk about in about four hours, that I’m going to have to apply self-discipline to myself for not going down the rabbit hole on all these different issues.

Just to put on the record. Using the same sources, which is the budget, that the minister and I have been talking about so far, the numbers I got for health authorities, for this fiscal year, is $16.292 billion, $16.681 billion in the second year, $16.953 billion in the third year. So I will go back and review my numbers against the numbers the minister has said, and maybe staff can also do the same. Tomorrow we’ll come back and discuss this because I don’t get 6.1, 3.4 and 3 percent from the numbers provided by government. I get 3.9, 2.4 and 1.6 percent, which are definitely — I would imagine the minister would agree — troublesome.

I’ll just leave that there and move on to….

Interjection.

N. Letnick: I’m sure it’s myself that has miscalculated or has taken the wrong number off the wrong ledger. But that did shock me when I saw that.

The issue 1(c), actual versus forecasted change in MSP beneficiaries by age group. The minister, in the past, has talked about British Columbia — and, actually, I’ve talked about it as well with the minister — being very attractive for people coming here to retire. I think some people peg it as approximately 35 percent of their health care costs, once they come here to retire, that are actually paid for by them through their contribution in taxes and other things, which leaves 65 percent on the table that taxpayers, generally, in British Columbia are covering for them. We believe in mobility as a country, so that’s great.

This begs a question. Over the last couple of years, given the current government’s policy decisions, has there been any change in the in-migration of people from outside of British Columbia on the rolls for MSP, in particular. The reason why I ask by age group, and the minister doesn’t have to go through all the young age group, is I’m really looking for retirees.

[3:00 p.m.]

Have the retirees started to taper off coming to British Columbia and applying for being a beneficiary under MSP?

[The bells were rung.]

The Chair: Division has been called in the main House. I would like to propose that we call this recessed.

The committee recessed from 3:01 p.m. to 3:12 p.m.

[S. Chandra Herbert in the chair.]

Hon. A. Dix: There are some detailed questions that the member asked for that we’re retrieving — that we’ll get for him with respect to expectations and interprovincial transfers. One document that I received about community residential care…. It shows that our estimates, which include, obviously, an assessment of those changes, were that we didn’t go over, in ’17-18, what we expected for people in the 85-plus bracket or the 80-to-84 bracket. That said, those expectations were set based on an understanding of interprovincial transfers. I think we’ll have an opportunity, in the next session, perhaps, to talk about the Canada health transfer and what it means.

On the specific question the member asked, we’ll get that information for him and read it into the record shortly.

N. Letnick: Thank you to the minister. Are we saying that the number of MSP beneficiaries is not available at this point? The minister will get back to me on that, whether it’s changed up or down over the last few years?

Hon. A. Dix: We’re hoping to get that, I think, before we close today. We’ll have that information if questions flow from that. It’s there. There was just some misunderstanding about the information required.

N. Letnick: May I ask a question on the federal health transfer? I can. Okay. So we have those numbers.

I know that the government agrees with the opposition, because when the opposition was in government, we fought for the same thing. I think all British Columbians would agree that doing the health transfer based on a per-capita basis is putting B.C. at a disadvantage, especially when we have people from across the country moving here in their peak health-use years. Somehow, we need to reflect that in our transfers.

Obviously, this is a federal transfer, made by federal politicians, but it would be nice to know what the analysis of the gaps is — if it was based on a different model, a preferred model, by the minister and the ministry. I would assume that work was done with the previous minister and the current deputy minister. I would assume that information is still current. I don’t think that would have changed very much over the years.

Can the minister please provide some insight as to how much we’re losing in health transfers because it’s on a per-capita basis versus some kind of weighted basis?

[3:15 p.m.]

Hon. A. Dix: Some historical information in there, again. I apologize to the member. We’re searching for some of the historical information from Finance, from the previous government, because there was a debate at that time, in 2014, and again in 2017. There was a reduction in the annual growth rate in 2017 that had, obviously, a significant impact; $142 million was the one-year impact in 2017-18.

There was a significant debate between British Columbia — the then Health Minister and the then Premier — and the federal government in those discussions, particularly in 2014 and again in 2016, around that. And clearly, British Columbia is penalized by the lack of reflection of the demographic changes of the province — who moves here, the qualitative questions.

There is a document that’s available — I’ll make it available to the hon. member — that comes from the time of the previous government. It has been archived, but it is available, and we’ll share that. Happy to share that with the hon. member.

N. Letnick: Thank you to the minister. Being the former Minister of Agriculture for four years, I wasn’t involved. That’s why I didn’t know there was a document. That’s great to know. I’ll look forward to seeing it.

I’m going to take a one-question tangent on this, if I may. What can we do, as the official opposition, to assist the minister and Premier so that we can get our fair share?

Hon. A. Dix: I think it’s, really, very much a British Columbia debate. The member will know…. This is a question when I go, for example, to federal-provincial conferences and so on: to what extent do you complain, and to what extent do you get on with it?

This current structure is going to be in place for the next five years and will have significant impact, obviously, in that time on British Columbians. So part of what we have to do in British Columbia is consistently make the case, particularly as we get closer to renewal — that would be past the next general election — that British Columbia has not been well served. British Columbia citizens, and Canadian citizens, ultimately, who move to British Columbia, have not been well served by the current arrangement.

It should be said, of course, that unless the federal government was to lift the overall amount to reflect that, this is a zero-sum game. There were winners in the last round of the process. I won’t want to reflect too much on who they probably were, but I have a sense of who they probably were. They include the province of Alberta, I believe, the province of Quebec and others. That’s the way it goes.

I think that we have to make the case for this. We have to make the case in agreements that happen subsequently — agreements such as some of the agreements we’ve done on mental health and addictions, where, clearly, the problems are more significantly felt in B.C. and therefore the expenditures should be disproportionately applied in B.C. But I think this is a case that we have to consistently make over time. One of the things that I try not to do, obviously…. Establishing and saying the case consistently over time so that that message is received.

But we have to also get on with it. This is the amount of money that we’re going to receive from the federal government. I may not like that, I may not like the decisions they’ve made, but I think in this period, we have to continue to make the case that this is what’s happening in British Columbia. These are the demographic increases we’re seeing in the coming decade, and we have to make the case that the federal government, federal tax dollars, which of course come from British Columbia, should flow appropriately.

[3:20 p.m.]

We have equalization in this country, and that’s the appropriate place for us to make decisions as between provinces and ensure that all provinces can provide equal services. In the federal health budget, surely, it should reflect the needs of the population.

N. Letnick: Thanks to the minister. Seeing as the minister is responsible for la francophonie in the province de Colombie-Britannique, and seeing as I’m the previous representative for that portfolio, I’d be very, very happy to be good cop, bad cop. He can be the good cop; I’ll be the bad cop. We can go after our Quebec colleagues and let them know that it’s time to share the wealth of this country equally, equitably, with those of us in British Columbia.

On a little bit of a tangent…. I promise this is the only question, I think, that’s this kind of question. The constituency office expenses — is it correct that the minister has an executive assistant, paid for from the ministry budget, based in his constituency office?

Hon. A. Dix: Yes.

N. Letnick: Thank you to the minister. Three more of these. I’ll actually just ask them all. What is the total cost for creating workspace for EAs in the constit office that was paid out of the ministry budget? Are any of these costs coming out of the ministry budget? If so, how much? And the last one is: were there any expenses charged to the ministry for these five things — renovations, phones or computers, furniture, supplies and, lastly, travel?

Hon. A. Dix: My executive assistant works out of the constituency office. There were no changes, no renovations to make that possible. She has a desk in the office. We did add to my constituency office a phone set-up, which cost $386. This allows me to do conference calls, from my constituency office, that are ministerial calls. I’m a Vancouver MLA, so I’m there frequently and do those calls frequently. We also spent an additional $806 for furniture. As the member will know when the public accounts come out, we underspent our ministerial budget this year, and I expect that we’ll do that next year.

I feel that having an executive assistant based in Vancouver is of value to my office and is the right thing to do, but we’ve done it in such a way that the costs to the taxpayers are minimal. We use the existing space. I think we use it well, and one of my excellent staff members works out of it. In terms of travel for staff, staff do travel with me, but that’s not really affected by the executive assistant being in Vancouver. Probably those costs are reduced, since my executive assistant in Vancouver is able to staff me at a number of events and not have staff come over from Victoria.

N. Letnick: Thank you to the minister. This is on behalf of the member for Skeena, who could not participate yesterday. He would like to know, for the Mills Memorial Hospital, if there is any money in the ten-year capital plan.

Hon. A. Dix: The answer is yes. I had this discussion yesterday. The member, because he was a member of the executive council, knows this. You know that there’s money in the ten-year capital plan for a project when a concept plan is approved. That’s the key moment in the approval of any project. There’s some debate — and I think the member for Skeena has been engaging in this debate a little bit in his constituency — because there is a budget list of projects that go into that budget list when business plans are approved.

When the project at Mills Memorial was announced, it was a wonderful day in February of 2018. We usually take 12 to 18 months for the business plan. We’ve received the business plan from the Northern Health Authority, and we’re, of course, planning to move that project forward. It’s an excellent, needed project. It will add beds. It will add services. It will be a regional centre.

[3:25 p.m.]

I think that people in Terrace and the whole surrounding area have been waiting for the Mills Memorial Hospital project for a long, long time. I’m very happy that the government was able to follow through on the Premier’s commitment and deliver on that.

N. Letnick: Thank you to the minister. We move on to item No. 2, human resource management and primary care. I just made some notes as to what I think the previous governments have done regarding medical school spaces. It might be — probably is — a part of the Advanced Education Ministry, but hopefully, the Health Minister can shed some light on these questions as well. The places for medical students went from 128 to 288 over the last few years, at distributed campuses across the province. We discussed this yesterday. The minister, I think, is very keen on making sure that we educate people in their home areas. That way, they tend to stay there.

We’ve seen over 8,900 new health and medical program spaces, including more than twice the number of spaces for nurses; over twice the number of new spaces for midwives; over twice the number of resident spaces, from 134 to 346. In 2005, the nurse practitioner program was created. I think the minister has said somewhere around just over 400 nurse practitioners in B.C. as of 2017 — with, of course, the great announcement of moving that up by 30 per year, so that in addition to the 45, it’s 75 new ones per year, as of 2018.

Obviously, part of our primary care initiative is to increase the number of people working in the sector — in this case, doctors, nurses, midwives and nurse practitioners, etc. I was just wanting to know: does the minister and his government have any plans underway — any studies, any business cases, anything — that would indicate that there might be, in the near future, some expansion of any of these programs?

Hon. A. Dix: I think it’s fair to say that our priority, what we’re looking at, other than the increases in some of the health sciences professions…. We’ve talked about increases in nursing, increases in care aides, which we’ve discussed in previous days, and as the member notes, the large increase in nurse practitioners because of, certainly, the anticipated need and the growing need and the use, in the health care system, of nurse practitioners.

One area we are looking at expanding is, clearly, residency spaces. I think it’s 346 right now, divided between the 288, if I’m not mistaken, for Canadian graduates and the remainder for international medical graduates. The focus will be to expand out in areas where there’s particular need. This is sometimes a struggle for international medical graduates, who graduate in areas that are not of particular need, or where we don’t have a lot of need for expansion. But looking at the health care system, looking at medical specialties, there are going to be some areas where I would expect that in the next few years there’s going to be greater need. Those are the areas where we’re looking at an expansion of residency spaces in this fiscal year.

N. Letnick: I’d like to thank the minister. I especially want to thank the minister for his concise answers. This is great.

Hon. A. Dix: Unusual.

N. Letnick: I wouldn’t want to say that.

Whenever the minister’s ready to do it, he does it. I’m very thankful for that, so that we can get through this long list this afternoon, which does allow me to go to just one tangent, the 346 spaces. The minister is correct — the residency spaces.

[3:30 p.m.]

If we’re looking at expansion on that, do we have, as a province, the latitude to do any return of service for those B.C.-educated new residency spaces, or are we limited by some federal legislation, as far as mobility is concerned, human rights or anything else, that would say residency spaces must be open to anywhere that they choose?

Hon. A. Dix: I think the short answer to the member’s question is no. But, just to be precise, obviously we have return of service for IMGs. We’re doing a pilot project this year for two dermatology positions, which is an area of significant needs in some parts of the province, that are B.C.-based that will have a return-of-service component, which I think will be very useful.

We’re very focused on this issue, though, of ensuring that the people we train in B.C. at significant cost, obviously, to the new doctors or the residents themselves but also to all of us and to the taxpayers — to get the maximum uses…. It’s part of why, when we were hiring our 200 new doctors in the primary care plan, we focused on making those positions salary positions in response to requests by resident doctors, who overwhelmingly have said they’re interested in alternate payment provisions, especially when they start out. It allows people to build up patient panels, for example.

This is a real focus of ours. In terms of those areas of health care that are of particular interest in B.C., I think the member would be able to guess what they might be. They would include areas such as dermatology, which we’ve mentioned, but anaesthesiology, which is always a challenge, and really the principal challenge in practical terms of meeting some of our surgical goals. We don’t have a shortage of surgeons, but we often have challenges with anaesthesiology in areas such as geriatric medicine, which, obviously, given the changing demographics of the province, will have ongoing and significant importance.

N. Letnick: Thank you to the minister. If I can clarify, with the IMGs, international medical grads, we could have return of service, but for residency spaces we are limited, basically, to putting the spaces where we want them, hopefully, to stay afterwards. We can’t tell them that they must work in a certain area, but we can actually put them in certain areas, and they would have to apply and get accepted for those residency spots in the locations and for the fields that we would prefer they do. Correct?

Hon. A. Dix: I think when I said no, I meant this. We’re piloting two…. A pilot project this year in dermatology that would involve — for B.C., essentially B.C. — the Canadian doctors from B.C. that have return of service. So that pilot…. We’ll see how that works. But that’s in a particular area.

We don’t feel limited, if you will, by, as the member says…. That’s what I think I was saying no to in the previous answer. So there may have been some confusion there. But that pilot project, I think, will be of interest to the member and certainly is of interest to us. It’s part of a focus on particular areas where we clearly need to find ways, in particular specialties, to ensure that people have access around the province.

N. Letnick: Thank you for the clarification of the “no,” much appreciated.

Speaking of residency spaces, I’ve been approached by the group representing residents. They are asking the government to address the shortage of residency positions to provide all medical grads from UBC with the opportunity to complete their training in full, so they can address the health care needs of British Columbians, specifically increasing the ratio of medical grads to residency positions from the current 1 to 1.01, to 1 to 1.10, given that 1 to 1.10 has historically ensured all medical students are able to practice medicine in a residency program.

The number of current-year graduates and prior-year unmatched applicants exceeds the number of residency positions in B.C., meaning that, at its current rate, it’s impossible for all medical students to successfully graduate from UBC to secure residency. They estimate this is a cost of $3.6 million.

Or they are offering to ask to provide additional residency positions specifically for unmatched medical grads from UBC, given this reduces the loss of investment represented by each unmatched graduate by allowing them to continue training and eventually practice medicine in B.C.

[3:35 p.m.]

Medical grads who complete both their undergrad and postgrad training in B.C. are more likely to remain in B.C. long term.

Now, from what I heard from the minister, actually, he’s looking very favourably on doing one or both of these. Could the minister comment as to which one he is leaning towards?

Hon. A. Dix: It’s a real tribute to our students at UBC, first of all — 96 percent matched in the first round. There are subsequent rounds. The 96 percent were matched to residency, which I believe in this year is going to be the best record in Canada, so that’s a real achievement.

I did meet with the group, and we did talk about unmatched residencies, which is a pretty small number when you consider the number I just expressed. That can change in different years. But the quality of education that our students receive, and their work, is going to, I think, continue to earn us very high matching in the first round of matching. There are subsequent rounds, as the member would know.

We are looking, though, at increasing the number of residency spaces. We did have a discussion with the group about just the issue the member raised before, which is: what, if anything, might be considered with respect to return of service for those physicians if one were to create positions? I would say that the group was not yet ready to commit on that question, but that was a good discussion we had. I know they had a similar discussion with the hon. member and his colleagues.

I would say that we just negotiated an agreement with the Resident Doctors of B.C., and I think it was ratified at 86 percent, which is less than the Doctors of B.C. You can’t get 98 percent every time. But it reflected the work that resident doctors are doing and their increased engagement in the medical system. I think the Resident Doctors of B.C. are doing a very good job at that and at making the case — I think an important case — for us to ensure that when people are trained here, we give them every opportunity to work here. We’re looking at all those options.

N. Letnick: Thank you to the minister. That would have been a good segue to my next question. But before I do that, international medical grads. If the number of residency spots is very close to the number of graduates from UBC, it doesn’t leave much opportunity, even in the second rounds, for our children who go abroad to get a qualified — and I say “qualified” — education somewhere else and then want to come back to British Columbia. So basically, they’ve paid the shot, whether it’s $100,000, $200,000 or $300,000 not covered by taxpayers, to become doctors but still require residency to become fully accredited doctors.

Is there any thought at all as to how we can better accommodate the international medical grads that are coming back to British Columbia?

[3:40 p.m.]

Hon. A. Dix: Like the member, I’ve had meetings with families and international medical graduates as well. As he expressed, people are very, to say the least, invested in the process and want to come back and want to work here.

[The bells were rung.]

Hon. A. Dix: I’ll continue this answer after we vote.

The Chair: It’s a vote in the Douglas Fir Room, not in the main chamber. So there’s no requirement, unless you are a sitting member of that chamber, to vote. We can continue in this chamber, once the bells are done.

Hon. A. Dix: There are 58 residency spots for IMGs. There have been human rights rulings that say that all IMGs are treated equally. In other words, there’s no preference for Canadian IMGs against other IMGs in that competitive process.

We do have the 58 positions, and that’s, of course, part of the policy question that might be decided. Would one expand that number of positions, or not, to increase the number of IMGs against the number of Canadian medical graduates? That’s one of the decisions that would be facing us. Would we expand the number of residency spaces?

It should be said, of course, that the quality of residency education has to be maintained. It’s not an unlimited question. You might say: “Well, why don’t you go from 346 to 400 or whatever?” It also involves enormous effort by existing doctors and nurses and others to ensure that the residency process goes well. It’s expensive, obviously, to the health system, although very valuable to it. Those are the choices that we have to make.

The one consideration…. Would we consider expanding the number of spaces for international medical graduates? That’s something that, obviously, is before us to consider as we look at increasing, somewhat, the number of residency spaces in B.C.

N. Letnick: Thank you to the minister. It’s really unfortunate we don’t have two weeks to do this. That question…. We could have gone for two days, just by itself, on that one.

The Resident Doctors of B.C. did, as the minister said, come and speak with us and, on March 12, sent a letter to the minister basically outlining the challenges that they face in terms of workload and salary. Shortly after, resident doctors ratified an agreement with the minister. See how quickly the minister has responded to their needs? Notwithstanding the 2 percent increase per year in wages, which…. I don’t know, actually, if I asked them if that’s enough. It’s never enough, obviously.

My concern is the same one, I think, that politicians and citizens have had for generations, which is: is it sustainable, the work that we put these resident doctors under and the hours that they have to work? Under the — I don’t want to say the words, so I won’t say it; I’m learning — paradigm of, “It was okay for a different generation, and therefore it should be okay for this generation,” which is: “If you have to work around the clock, that’s just the way it goes. We did it, so you should be able to do it.”

As the minister knows, a lot of problems that end up in hospital are because of medical errors. We’ve seen the studies all across the world. Again, I don’t know what the current number is, but 20 or 25 percent of admittance to hospitals is because of some kind of error.

Is there any work that’s being done by the ministry to review this particular situation of the workload and what we’re asking for from the current set of doctors that are in residency and whether or not that’s going to have a negative impact on British Columbians and their health care?

[3:45 p.m.]

Hon. A. Dix: As the health critic will understand, this was a significant issue in the discussions that we had with resident doctors for an agreement. We’ve made progress in that regard. We now have a tripartite working group involving UBC — HEABC, on our side, and the Resident Doctors of B.C. are all signatories — that is tasked with developing a system to gather data on issues of resident scheduling, identifying systemic challenges and barriers pertaining to call workload and scheduling, and making recommendations to the parties by April 1, 2020. So there’s a process to deal with that, which was of great importance to resident doctors.

Since 2013, as the member may know, residents have been required to purchase insurance. So there was funding for that. That was a part of the agreement. We also have designated some funding for resident engagement so that we do a better job of engaging residents with the health care system in B.C., which is important.

Of course, other parts of our primary care plan involve resident doctors, much more so than before. There is, I think it’s fair to say, a difference of views. The member referred to people looking back and making sure that educational systems and residency systems were like the past. Maybe it wasn’t what should have happened in the past. So that’s the first part of the discussion.

Also, resident doctors, as I mentioned, have consistently said to us that…. They have a different view of their role, especially in primary care, once they start practising — after they stop being resident doctors and become doctors. So some of the changes we are making reflect that, because we have to ensure that the people we’re training become part of our health care system in B.C. We’ve got to do a better job of connecting not just our graduates with residencies but our residents with positions in British Columbia that are supporting health care here.

N. Letnick: Thank you to the minister. I’m very happy to hear about the work that’s being done between the resident doctors and the ministry to look at this issue and look forward to the decisions or recommendations that come out of that process. I know the minister is fair-minded and will do what’s in the best interest of British Columbians on that to make sure we can reduce any potential opportunities for medical errors.

The next question, topic area, is about physician supply. I’m talking about the interprovincial mobility and foreign immigrants. Obviously, we have physicians that live or train in British Columbia that move to other provinces and other countries. Some years, some decades, the numbers are higher than others. We also import people who trained and practised in other countries into British Columbia.

My first question would be: does the minister have any numbers to indicate whether or not this is getting bigger or smaller in these areas?

Hon. A. Dix: We have some specific numbers which I’ll share with the member before the end of today. The member will know that we have 112 physicians currently, in 44 communities, in the practice readiness assessment program. Thirty come in per year. Essentially, obviously, there are 30 rotating out of the program.

[3:50 p.m.]

We have now…. What we can say is that we’re clearly net beneficiaries in B.C., and have consistently been, in terms of people coming into the province to practise as opposed to people leaving the province to practise, by a significant margin.

The staff is committed to getting the details of that information before the end of business today.

N. Letnick: Thank you to the minister and staff for doing that work.

If I understood correctly, we have 30 international medical doctors — not grads, but medical doctors — from other countries that come to British Columbia each year to work. They’re coming from countries all over the world. Do we have any guidelines as to which countries we will not accept doctors from? And I don’t mean in the case that they’re not qualified; I mean in the case of the moral hazard of taking poor countries’ physicians, who they’ve taken the time to train, and stealing them and bringing them here. I think that’s, ethically, a very poor practice.

Do we have any guidelines that will dictate which countries we will accept potential British Columbians from and which countries we will not?

Hon. A. Dix: The short answer to the question is no. The opportunity is available to all to come who qualify, obviously, and who meet standards to come. One could look at that two ways, I suppose, in terms of moral hazard, in terms of who has opportunity to come and to take part in the practice-ready assessment program and who doesn’t. Then the reverse part of it, which the member rightly points out, is that people have been trained elsewhere, and then those countries lose the benefit of that.

The member will know that there are some countries in the world where we’ve had a significant number of doctors come to British Columbia, particularly the British Columbia interior. In the last number of years, many people will know, we’ve had many doctors over the last several decades from South Africa, for example, and other jurisdictions such as that.

The specific answer to the member’s question is no. There’s no such restriction other than all of the medical standards that we apply in these cases.

N. Letnick: I appreciate the minister’s answer. The answer does trouble me. It’s not a political thing. This goes probably since time immemorial in British Columbia that we’ve haven’t had it.

Is the minister aware of any other provinces in our Confederation that does have some kind of standard or criteria as to which countries they will or will not accept qualified medical doctors from?

Hon. A. Dix: I think the answer is no again, but I want to make this clear. I’ll explain what I mean by no, which is that we have a national system of designated, accredited medical schools which accept people to this program, and all provinces are part of that. So I think the answer is no to the question. No province has something that, maybe, the member is suggesting, which are limits on receiving doctors from particular countries for the reasons that he explained.

There are some countries that do not allow or do not participate in international accreditation in order to protect doctors in their jurisdiction. Or they would see that…. That’s not necessarily a limit on those doctors in arriving at the Canadian program, but it might be a domestic limitation on those doctors in those circumstances.

N. Letnick: I’ll switch now to a different topic, but with the minister’s indulgence, I will follow up on this conversation with the United Nations and other bodies to see if this is something that is frowned upon. I believe, in my studies over the years, it is quite an interesting moral dilemma. But I’ll take that off line and do some research.

[3:55 p.m.]

The next one has to do with violence against nurses. I assume that the minister signed a pledge to help combat violence against nurses. I’m not holding up a prop, Mr. Chair. I’m just reading from this pledge that we had, I think, all signed.

One of the items on the pledge was to ask the federal government to modify the Criminal Code of Canada to make violence against a nurse an aggravating circumstance for sentencing purposes, as it is already for transit operators. So my first question is: what has the minister done, if anything, to see this happen?

Hon. A. Dix: At my first opportunity, meeting the federal Minister of Health, it was the one issue I raised — at the first federal-provincial conference I attended with Ms. Petitpas Taylor. I believe it was in November of 2017. It was the one issue we raised. I brought the letter to her attention and asked for some action.

The federal government has not yet moved forward with action, but nonetheless, I think that there is a consensus in British Columbia. I believe that members of the opposition have also indicated their support for such legislation, which would parallel the legislation for transit drivers.

I also believe that the legislation should apply to other people in health care who provide nursing and other services. So it’s not just talking about registered nurses but all categories of nurses and care aides as well.

We’re supporters of that action, and we’re hopeful that the federal government will listen. I understand that there’s a private member’s bill in the federal House of Commons now, in support of that, put forward by Don Davies, who’s a Member of Parliament from British Columbia. That’s, again, a little bit of progress. There will be an opportunity, I’m sure, during the federal election, for British Columbians, for people active in politics and for nurses and everyone in the community who supports them to press federal politicians to go forward with this change.

N. Letnick: Thank you to the minister, and thank you to the minister and his government for those actions. Quite exemplary. This, of course, is something close to heart to all members of the House, in particular to the Leader of the Official Opposition and also to the member for Prince George–Valemount, who wanted to be sure that she got another chance to tell the minister how passionate she is about nurses. So there we go.

I’d like to congratulate the government on getting an agreement with the Nurses Union. The minister can tell us what percentage support he got for that one. I’ll let the minister put that on the record in a minute.

In the summary of the agreement, it does identify commitment to workplace safety that allows nurses to provide the highest level of professional care without fear of injury of violence. In particular, contract provisions are considered to be in addition to those found in the Workers Compensation Act. Violence prevention training will be offered to all employees on an annual basis, as well as to employees in new positions. OH-and-S supervisory training will also be offered to those in supervisory roles.

There will be six new EDMP representatives added to the system, bringing the total number of reps to 17, and a new working group will be established to make recommendations for a provincial OH-and-S framework and continue existing projects such as the implementation of the CSA national standards for psychological health and safety in the workplace.

These are all good things. But when I went to visit my mom at Peace Arch Hospital back in the fall before she passed away, I did notice that the security person, at night, was there. My question to the minister is: are there any plans to make sure that security personnel in our hospitals and other sensitive health care facilities are of the highest qualified standard and not just parking lot attendants with a uniform?

[4:00 p.m.]

Hon. A. Dix: First of all, I’ll draw this to the member’s attention and certainly share it with him. There was a series of incidents at the Forensic Psychiatric Hospital over the last number of years that were, at least to me, unacceptable. So we put in place there, in particular, an action plan working with all of the unions that work there. In that case, it’s principally the B.C. Government Employees Union because of that particular site, and the B.C. Nurses Union in others. We’ve put together an extensive plan to address issues at that site, which is a particularly challenging site in the health care system.

Secondly, I note that all of the collective agreements that we sign…. Because, well, the violence issue is a significant issue for nurses. It’s a significant issue across the health professions and amongst skilled health care workers. All of the agreements that we sign reflect a commitment to support, protect and reduce violence and the threat of violence and injury in the workplace. Those are agreements with the HSA, with the HEU, with the BCNU — the broader community agreement. What you’re seeing in the nurses’ agreement, you’re seeing elsewhere. The nurses’ agreement, by the way, passed with 54 percent.

The third point I’d make is I wasn’t…. While I think that collective bargaining is an important place to engage in this discussion, there’s a broader responsibility for the employer, in my view. I’ve asked Michael Marchbank, who the member will know. I have asked the former president of the Fraser Health Authority, who is an outstanding leader in health care, to do a report about how we address system-wide violence in addition to those steps that have been taken in collective agreements — those steps that have already been worked on, or we’re working on, through the system. I have now received that report and will be responding to that in the near future.

Finally, I’d say this, with respect to security. This is one of the issues that we, of course, have to look at, with respect to how we contract certain services in the health care system. What’s essential and what’s not? There has obviously been a significant contracting out of security services, particularly in Metro Vancouver and southern Vancouver Island, but everywhere in the last number of years. The expectation of those agreements sometimes has been to reduce costs for the health care system, which is always a legitimate goal. It has to be balanced against the effectiveness of that.

Obviously, we’re looking at those contracts, particularly in the wake of the passage of Bill 47. We’re looking at those contracts in the public system to see what would be appropriate. What might be appropriate — I think what the answer to that is — is some combination of a return for some classes of security, in order to ensure — or to have a higher qualification of people, in addition to the work done by people in the health care system.

I think that people who do security in health care work very hard, and they’re very committed and are qualified people. But it may be that there are things we could do to increase their training and their consistency, because sometimes, when you contract out, depending on what the circumstances are of the contract, you have fewer long-term employees. That’s in terms of the system — in terms of knowing the work and knowing the institution. Knowing the job is a challenge sometimes.

Those are some of the things that we’re working on in terms of violence, which is a significant issue to me. I signed the pledge. The member signed the pledge. We’re working to fulfil the pledge that really, I believe, almost every member of the Legislature signed, including the Leader of the Opposition, just recently.

N. Letnick: Thank you to the minister. I appreciate his concern for the safety of all health care workers. I’m sure of that.

I’m agnostic, quite frankly, as to whether or not these are done through contracts or done by in-house employees — whatever can give us the level of security that’s required for all these staff at the minimum cost to taxpayers, so we can invest that money in drugs and other things that the minister has to deal with on a day-to-day basis. I’m quite sure, as we’ll see later on this afternoon, that it’s not easy making those hard decisions as to: “Do I fund this and not fund something else?”

I’ll just repeat it. Whether it’s through contract or in-house, we’re looking for the best bang for the buck that will give our hardworking employees the safety they require. On that, whether it’s contracted or in-house employees, what is the minimum standard of qualifications that is required for our security personnel?

[4:05 p.m.]

Hon. A. Dix: The process, in general, is that there’s assessment at each site of the security needs of that particular site. Then what’s happened in the last number of years, really in the last couple of decades, is that the health authority goes to the market and asks vendors to provide those services on site. There are, in some health authorities and in some positions, people who do that work directly for the health authority, but for the most part, that work is currently contracted out.

So there is work with vendors who do this work in the area and who, obviously, have a background and competency in the area. They, in effect, bid for those contracts. The health authorities do the assessments of the needs. They go out to the market, they get proposals, and then they respond to those proposals and select the vendor. That’s really been the pattern over the last number of years.

N. Letnick: Again, another area of discussion we can go down for a couple of hours, but I need to move on.

The nursing policy secretariat prepared a report by David Byres, who I see is in the room. Thank you to David and all the staff that are here, obviously. In particular, I just want to refer to some of the questions regarding licensed practical nurses, or LPNs, which is item 2(e) on the agenda. I’m going to go to page 9 of the report. On page 9, it talks about scope of practice. What the LPNs are looking for is a consistent, larger scope of practice so that they can do things that they were trained to do in school and practise outside of school.

In particular, the recommendations from the Byres report….

[The bells were rung.]

The Chair: Thank you, Members. Just wait until the bells are complete, and then we’ll continue.

Just to be clear for everyone, this is a division that’s been called in Committee of the Whole, Business Corporations Amendment Act. If you have to vote, please proceed. But otherwise, we can continue.

N. Letnick: So in case that was missed from the bells, I just want to do that again, because it sounded so good. In the Byres report, recommendation No. 15, “The nursing policy secretariat will examine certified practice as a concept for consideration with RPNs and LPNs,” and 16: “The nursing policy secretariat would conduct a fulsome needs assessment to articulate the roles required across nursing,” and it lists all the different nursing categories, “to enable an optimized practice within primary, community, acute and residential settings, with careful use of clinical examples and clinical decision-making tools to support desired practice.”

I’ll just stop there for a second and ask the minister what he thinks of those recommendations from — I know it’s the Byres report — January 24, 2018.

[4:10 p.m.]

Hon. A. Dix: Well, we were saying back here that it’s always good to get your advice on what you think of the recommendations from the Byres report from Byres himself. That’s how it worked out, which I know the member will appreciate.

The scope-of-practice needs assessment was completed, in fact, yesterday. I think the first meeting is tomorrow, of the working group on these issues, around scope of practice for LPNs. There is both a provincial nursing network and a practice assessment working group, and that’s part of the work done by both of these groups. It includes the BCNU and, of course, the colleges.

One of the significant benefits in all areas of nursing is the coming together into one college of nursing professionals, which has allowed us, rather than have competing colleges with different views, to have people working together in the same direction. I think that reflects a lot of the work done by Mr. Byres and everyone else in the area.

N. Letnick: Thank you to the minister, and thank you to the author of the Byres report. There are other parts of the report which I found quite interesting and supportive of the ask by the LPNs — under the surgical model, for example, under primary care.

One thing I’ll just touch on, if I may. When this is all done, when the work of the committee is done, are we going to see a single standard for all health authorities regarding scope of practice — so that an LPN in Fraser Health is an LPN in Interior Health and an LPN in Northern Health? So if there still is some issue between different professionals and questions as to whether or not an LPN can do what an LPN is able to do, it’ll be consistent across the province. If you’re an LPN in surgery in Vancouver Coastal and you can do these things, there shouldn’t be any reason why you could not do the same things in Northern Health.

Hon. A. Dix: Yes. That’s exactly what the college is working towards.

N. Letnick: Excellent. Thank you to the minister. We’ll move on to 2(f), which is chiropractor scope of practice. Let me just read an introductory paragraph from a chiropractor. This is not representative of all the chiropractors. This is just one chiropractor, but I think it hits the message home. This is from Dr. Dale Forsythe. He says, as part of his letter to you, cc’d to me:

“I would like to bring your attention to the issue of MSP providing coverage for necessary X-rays requested by their chiropractor. Currently if I wish to have X-rays taken on one of my patients at a lab, I have to first write out a requisition slip for the patient to take to their medical doctor, who in turn rewrites the requisition for the patient to take to the lab or hospital diagnostic imaging lab. The lab then charges the patient $50 to make a copy onto a disk for the patient to bring to me. The medical doctor’s visit fee is then added to the MSP costs for that extra service — both a waste of time and money for the patient.”

Could the minister comment on whether or not we’re going to get to the day when chiropractors can requisition these lab tests?

[4:15 p.m.]

Hon. A. Dix: I thank the member, and Dr. Forsythe, for the question. I don’t know if the member was there. I believe I recall that the Leader of the Opposition was there. Lots of members from both sides were there when the association presented to us about a month ago, largely on this question. It’s not just chiropractors who are looking for an expansion of their scope of practice here. It’s also true of other regulated professions in B.C. For example, I’ve seen, recently, similar requests from practitioners of traditional Chinese medicine and other groups that are regulated professions in the province.

In making a decision about that kind of question, the member has laid out a particular scenario, but there are a number of practitioners who can make such requisitions. Any decision to expand the numbers — even, in this case, significantly expand the numbers — would have to meet a financial analysis, as far as the ministry is concerned. In the circumstance described by the member, there are obvious challenges there and, potentially, costs to the health care system that could be saved.

On the other hand, you do have to make a decision with all professions. We’re soon going to have, I think, a similar discussion around pharmacists and others who want to expand their billing opportunity, shall we say, or their billing space but not necessarily just their billing space. In some cases, people are seeking the right to requisition, which they don’t have now, but not under MSP. They’re just seeking that right.

These are challenging questions. They’ve got to meet a financial analysis. We look at them one by one. We know that this is something that chiropractors have advocated for and that other professions are advocating for: to expand their ability to have access to tests, paid for by MSP or not paid for by MSP. We have to assess those both financially and in terms of reasonableness. It’s not that we’re saying, “No, that won’t happen,” but the case has to be made, and the decision would have to be made based on a broad analysis of value to the system.

N. Letnick: Thank you to the minister for that. One of those interesting things, as we’ve worked together for almost two years now, is there’s a tell the minister has when he’s about to sit down, when he’s finished his question. That’s why I’m able to pop up so quickly; I know he’s done. That’s because you twist your body just slightly this way. Don’t play poker.

This leads me to an obvious question. If it’s a business case analysis that needs to be done, is there any credential or clinical reason why the chiropractors would not be able to get what they want in this case?

Hon. A. Dix: I think the short answer is both. You have to meet the test clinically. One would expect that. This would be true of any profession looking for an increase in scope of practice — what would happen post such a test, and whether it’s an appropriate path to take or not. We have a professional regulation oversight branch in the ministry that does work in that area, as do the colleges themselves.

With respect to the issue of MSP billing, that’s obviously an issue for the commission to assess. Those decisions are made by the commission on a fairly regular basis, although in this case, as in others, the tests would be both financial and clinical.

N. Letnick: Thank you to the minister. Is the minister saying that chiropractors today are judged capable, of ordering these tests in the province, by whatever approving authorities would decide that? I’m not too sure who would actually decide if, clinically, they have these things.

[4:20 p.m.]

Obviously, I — as a politician, grandfather, father, businessman, teacher — am not qualified to order a test of this kind, an X-ray, a CT or anything else, for that matter. Chiropractors are a professional group. I was just wondering if they are deemed to be qualified in British Columbia to do so, should the ministry or should the MSP group decide that there is a business case that they would want to prove? In other words, before you go and do all the work to calculate the numbers, it’d be nice to know whether or not they’re actually qualified to do the tests.

Hon. A. Dix: First of all, I’ll just take a step back. Chiropractors, as the member knows — because it’s something that we’re working on a bit together — are overseen by the College of Chiropractors of B.C. They’re authorized now to requisition — including X-rays, CTs and MRIs — as part of the regulated scope of practice in their practice standards. In that respect, that’s a partial answer to the question.

Chiropractors can also interpret X-rays and provide a report further to their interpretation. Where chiropractors requisition CTs and MRIs, they must have the results interpreted by a radiologist, who provides a written report documenting the interpretation. Radiologists can, of course, interpret the full range of diagnostic imaging.

Then there’s a separate question of MSP and so on. We haven’t looked at that question. I know the chiropractors have brought this idea forward, as have other health professions, because this issue of being able to requisition and scope of practice is of interest to all of them.

Again, there would be an ongoing clinical assessment, although the question for chiropractors is different than for some other professions in that their issue is that they would like it to be paid for by MSP. And at present, as the member will know, diagnostic imaging requisitioned by a physician, dentist, podiatrist, nurse practitioner and certain certified registered nurses will have their services paid for through MSP. Obviously, the chiropractors would want that.

It’s a double process. It’s assessing the value of that and what would be paid for. Because of course, when you’re talking about the interpretation of diagnostic imaging, you’re also talking about paying for other services as well. The decision about who can and can’t initiate for payments and services is, obviously, a decision for the commission, and there’s a role for the ministry as well.

N. Letnick: Thank you to the minister for clarifying that for me. I appreciate that.

Are there any other provinces in our Confederation that do allow chiropractors to order these tests directly, covered by their provincial taxpayers?

Hon. A. Dix: I don’t know the answer to whether there are any. But the note I have — which I’d be happy to share as well — says rightly that typically, chiropractors are regulated in all provinces and territories in Canada, with the exception of the Northwest Territories and Nunavut. Authorizing the application of and interpreting X-rays, with the exception of CTs, is a core component of the chiropractic scope of practice, where regulated in Canada. Typically, publicly funded health care reimbursement programs in Canada only insure a limited number of chiropractic treatments — this is certainly the case in British Columbia, as the member is aware — and do not include reimbursement for diagnostic imaging.

Whether there are exceptions to that, I don’t know. Although I would…. Well, I don’t know the answer to that. But typically, no.

N. Letnick: Thank you to the minister. I’m sure that if any of the chiropractors watch or read this, they will let us know in due course.

The idea of doing a business case analysis. Would that include the potential…? Well, there’s a stupid question. Would that include the potential of a pilot project? Of course it could. Let me ask it a different way.

As part of doing a business case analysis for these different groups that want to have expanded scope, and paid for by taxpayers, would the ministry typically say that they would like to see a pilot done first before making it available to everybody else?

[4:25 p.m.]

For example, if chiropractors can make their case and the numbers show that, actually, it’s potentially a benefit to patients, of course, and to the treasury that they do move forward with being able to order these tests, would that then automatically go through the whole province? Or could they say, “Well, let’s try it in Northern Health,” for example, or try it in one section on Vancouver Island, that kind of thing, versus making it available to the whole province?

Hon. A. Dix: I think that, in the sense that anything is possible, I suppose the answer to that question is yes. I mean, I think it would be challenging to determine a pilot project here. Because what would one do if, say, the profession couldn’t order X-rays now? The issue here is principally billing and the value of that service — to the positive and to the negative — to the net incremental cost of what they’re trying to do.

Trying to figure out a way to do a pilot project would be somewhat difficult — to realize the savings. What are we trying to achieve here? Is it a savings to the system? Is it an improved service? How to measure that within a pilot project would be difficult.

There’s nothing stopping that from happening, I don’t think, but it would be challenging. Often, when you add into the system a particular service, it usually involves people being trained — being trained in the delivery of, I don’t know, injections, for example. In pharmacy, at one point, the scope of practice changed, and then you had to meet certain tests to be able to perform that. If you were a pharmacist, you met the tests on top of that.

In this case, this is, in many respects, a billing question. So you’re opening up the system to more billing and who could bill to the system. Measuring the benefit of that would be, I think, challenging, but that doesn’t mean it couldn’t be proposed or suggested.

N. Letnick: Thank you to the minister. The reason I ask about the pilot is that Dr. Forsythe’s letter — the chiropractor, Dr. Forsythe — basically says that he could save the system money by being able to requisition directly rather than having to go through a whole bunch of different avenues. I’m thinking that if that’s the case, if he can actually save the system money, make the system more responsive and, therefore, provide better health care to patients, it’s a win-win-win.

I’d find it probably a challenging thing for any government to just say, “We’re going to open this up to the whole jurisdiction of the province,” without making sure that we’ve had an opportunity to do a test somewhere. So I’ll just leave that there.

It’s a good segue, actually, into the next item, which is urgent care centres, primary care networks and medical homes. Why I say it’s a segue is that the chiropractors that came and spoke to us, in part of the conversation, wanted to know if they would be included in the primary care network system so that they can also be part of this great direction our province is moving towards.

[4:30 p.m.]

Hon. A. Dix: Potentially, you could envision expanding primary care networks to include lots of health professions. Right now, the early focus in terms of the organization has been on, obviously, the health authorities themselves and First Nations, as well as communities, doctors — divisions of family practice, principally — local communities, nurse practitioners, registered nurses. We have, obviously, a significant role being played by clinical pharmacists in that system, and others. The one that we just announced in the Okanagan-Similkameen envisions dietitians, and so on.

We can envision building out from there, and depending on the communities…. In Fraser northwest, which was the first one announced, there is a role for a local non-profit agency to support clinical counselling, for example — mental health and addiction workers and professionals, and so on. So there’s the possibility for that. Certainly, it doesn’t exclude other health professions, from chiropractors to massage therapists. This is kind of where we’re starting, and we would expand out from there.

N. Letnick: Thank you to the minister. I’m quite sure that everyone in this room and within the health care field is familiar with medical homes and primary care networks, now, and urgent care centres. The minister has done a very good job of promoting them, one by one by one…

Interjection.

N. Letnick: …around the province. Never find some good news you can’t repeat in different parts of the province. It’s good politics. I congratulate the minister for being a good politician.

Having said that, and this might be debatable…. I think most of this came out of the work by the person to the minister’s right, in his research paper starting in 2015, and then the conversation continued and actually started to get implemented, and then the minister really put it on steroids and continued to grow it. Again, the minister should be congratulated for continuing with those initiatives.

Having said that, I did receive some correspondence that troubled me, by a physician — actually, two physicians who are being impacted by the cost of doing business.

[The bells were rung.]

The Chair: Thank you, Member.

Division has been called in the main chambers.

This committee is now in recess.

The committee recessed from 4:33 p.m. to 4:44 p.m.

[R. Kahlon in the chair.]

The Chair: I recognize the member for Kelowna–Lake Country.

N. Letnick: Thank you, Chair, and welcome back to the big job. Keeping me in line is a big job. The minister is easy.

This gets a little more prickly than the questions up to now. I think that’s an appropriate word.

These are comments coming from two community GPs in a letter that I got. I actually had a phone conversation with them as well. It’s different issues, so I’m going to split them up. I’ll just read the issues one at a time.

[4:45 p.m.]

The comment is about the PCN process so far.

“The current offerings at the PCN table — restricted funding options for new family practitioners to set up practices, health authorities, managed RNs and allied health, high attachment expectations for RNs, no new funding models for existing family practitioners — do nothing to repair the damaged and failing business model for the vast majority of primary care physicians in community practice in B.C.

“Many of us involved in the PCN planning process are increasingly frustrated by it. We are being asked, by the ministry, to provide solutions. We spend time and money to provide practical solutions, being the experts in primary care for decades, and then we are ignored repeatedly. This is breeding disengagement.”

I understand that — what percentage? — 98 percent of the doctors approved of the new contract, but obviously, there are some doctors that are still not happy. I asked them for their input. Quite frankly, this goes past the minister’s time in office. This is before the minister and before that minister and probably before that government. This has been going on for a long time.

The minister is the minister now, and this is the place. Together, I always firmly believe…. I told this to the minister last year. Whatever I can do to support the government in making sure we provide the best services possible to British Columbians, I will do. This feedback is important to hear, even if it might be difficult to hear.

Before I go on to the next comment, does the minister have any comment on this?

Hon. A. Dix: Believe me. Occasionally I receive emails that are critical. That’s as it goes.

What we’re trying to do with the primary care network transformation is one of the most significant transformations of primary care that has been done since the system was, really, first established. That presents challenges. There are challenges of existing interests. It’s not that you can just start reforming the system. You have to continue to provide services while making improvements.

Philosophically, we made the decision to do exactly what we’ve done, which is to work community by community to establish the first primary care networks in areas and in communities where the doctors were most favourable and most interested in doing that work so we could have some successes and show the kinds of changes we wanted to bring to team-based care.

The reason we announced first in Fraser northwest was because they went through the process first. They came forward with proposals first, and they signed the agreement first, which will add, in that community, 65 new health care professionals in the next three years. That is an extraordinary achievement. And 95 percent of the health care clinics in that area, which includes Coquitlam and Port Coquitlam and Port Moody and New Westminster, agreed to it.

As the member says, doctors are a community with diverse opinions and views. That’s an extraordinary level of commitment. We had an agreement, of course, with the Doctors of B.C., which addressed a lot of these issues, that had 98 percent approval. We had an agreement with the resident doctors that had 86 percent approval. What that shows is the kind of working relationship we’ve developed on these very questions. That doesn’t mean that every one or every question can be solved at once.

[4:50 p.m.]

One of the interesting changes in this round of discussions with the Doctors of B.C. on the master agreement…. Historically, a lot of our focus has been: how do we address the need for doctors in rural B.C. and in remote communities? How do we, in some cases, incent doctors to go to those communities and be sustained in those communities? How do we ensure that that happens?

Previous governments have done lots of different things — Liberal and NDP and Social Credit — to ensure that that happens. I think what was unusual in this round of negotiations, and it may be reflected in the letters here, are the struggles that individuals have, that the community of doctors is having in many urban areas, with increased costs and increased challenges.

It’s an increased acuity of a population in some areas — for example, north of where we’re living here, in Sidney and Saanich — with very large and significant percentages of seniors, with doctors with practices disproportionately with people over 80 — the challenges that they face, the challenges that people face in terms of lease arrangements in the business side of health care.

It’s why we made the decision to add resources here and add 200 doctors and to do that largely on direct contracts, on salary or on alternate payment arrangements — 200 nurse practitioners and 50 pharmacists. At that time, some existing doctors said: “Well, how do we get in on this? How does that happen?” It’s a very challenging situation.

There was a situation a number of years ago where the health system made a mistake, in terms of how they valued hospitalists in Fraser Health, that caused a lot of disruption in Fraser Health at the time. It was a mistake. People didn’t make it intentionally, but it had consequences. You always have to be aware of the possible other effects and other consequences of decisions that are made.

That’s certainly the case in this instance. We did say, at the time…. We’re working with the doctors of B.C. on this every step of the way, which is the representative organization — and local divisions of family practice are the representative organizations — to see that these issues are worked through.

We’ve done an assessment now of how we might transfer, from the fee-for-service system, existing doctors as well. That analysis is being done now. It’s a complicated question, but one that we’re going to be working now, with the doctors of B.C., with the GPSC and other organizations, to come to some conclusions on. So I think we’re making progress.

I would say — and the member is in politics as well; he’ll understand this — that I would like us to be making progress quicker. That’s always the imperative, of course — to bring out reform more quickly. We’ve determined to go this route, which is to engage in primary campaign with nurses, with doctors and with communities, even if it takes less time and even if it’s more challenging to meet the goals that are set out in my service plan and so on. I think we’re going to create resilient networks of health care providers and teams and communities all over B.C. that are going to be able to last a long time — that it’s not an issue of checking off things on my service plan, although that’s important and my responsibility.

We’ve gone in this route of deep negotiations, in some cases, with divisions of family practice. We’ve gone on for months to address these questions, because we want people on board. We don’t want a situation where we’re adding resources but then losing resources. That’s the reason we’ve gone on this approach.

I understand that not everyone will be happy about the conclusions. Ultimately, you come to agreements. In Fraser northwest, 95 percent are part of it, but 5 percent are not. I don’t know if that’s just inevitably the case when you go forward with things, but I think that’s a remarkable level of support.

Again, in other communities such as Sooke — other communities where we’re adding resources; we’re working with local family doctors — I think it’s been successful as well. The reaction of doctors, everywhere I go, to it…. We went to Prince George, and I believe the response in Prince George was that 100 percent of the local division of family practice supported our primary care network and supported our urgent primary care centre.

The final thing is it’s reflected in the kinds of institutions you’re doing, which reflect local conditions. We do have an urgent primary care centre in Vancouver that is essentially run by Seymour Medical Clinic — public paid. But Seymour Medical Clinic has been a provider of primary care there for a long time. On Vancouver Island, on the West Shore, it’s directly health authority–owned and –operated.

What we’re trying to do is work this through with our partners so that we have resilient local institutions that address the very significant attachment and health issues in primary care in the province.

N. Letnick: I’ve said this before: we could probably spend two days just on this question alone, but we can’t.

[4:55 p.m.]

Let me skip to another issue that these two doctors bring up, the issue of nurse practitioners. I wouldn’t call nurse practitioners an issue. Nurse practitioners as primary care providers, they feel, can be part of the solution. The U.S. has been studying cost effectiveness of nurse practitioners in their health care systems for ten years, and the data is about to be published. Now, this letter goes back to May 6. I’m not too sure if the data has been published since May 6.

They suspect that:

“As many of their colleagues, however, the nurse practitioners would prove to be far more expensive than general practitioners. They rate highly with patients, because they are paid by salary and do not have to be” — I’m reading; these are not my words — “efficient to cover their costs. Therefore, they have more time with patients.

“More family physicians dream of being paid for their time, not for the number of visits. Many NPs generate much higher health care system costs due to overinvestigation and overreferral due to their lack of experience and different training than physicians. The fee-for-service system gets a lot of people seen quickly but disincents quality care.

“Alberta family physicians can bill an additional fee when a visit exceeds 15 minutes, in 15-minute increments thereafter. We desperately need this in B.C. Our patients are becoming increasingly complex and deserve careful assessment and treatment. This takes more time.

“Our primary care models, evaluated worldwide, show that a blended payment model is best.”

That’s where the ministry is going. We’ve been talking about that for ten years — since I’ve been elected. Ten years ago this Sunday, by the way, was my anniversary. Thank you, because I know the minister will say happy anniversary. He’s keen on these kinds of things.

“Pure salary slows everything down, which is generally neither affordable nor in the population’s best interests.” That’s why these two physicians are advocating for blended payment.

They obviously have their opinion on nurse practitioners. I wasn’t part of the government at the time, but our government brought in nurse practitioners. The minister has expanded places for nurse practitioners.

Obviously, we have a case to be made to the public that nurse practitioners are cost-effective. These would not be the first physicians that I’ve heard question the cost-effectiveness of nurse practitioners versus family docs, to be honest. I’m not trying to take a swipe at nurse practitioners. That’s just what I’ve heard in my travels. If the minister could provide some comment that would take care of these doctors’ concerns, I would love to hear what they are.

Hon. A. Dix: Listen. It’s always an interesting debate amongst doctors. That’s why — I don’t know if I’ve mentioned this before — I find it so extraordinary that 98 percent of the doctors approved our new master agreement with doctors. I don’t know if I’ve mentioned that before, but if I did, I just did again.

On the issue of nurse practitioners, I think there’s significant peer-reviewed evidence in this and many other jurisdictions about their value and quality. In the previous government, George Abbott was the Minister of Health when the nurse practitioners were recognized and brought into the health care system in B.C. They recognized that in 2006.

My predecessor, Terry Lake, established, I think, the first-ever nurse practitioner–led clinic in the north of Kamloops in 2016, I’m thinking — maybe early 2017. I can tell the hon. member that the response in there, both from a financial perspective but also from a patient perspective, has been enthusiastic. Nurse practitioners do this work across the country, and there has, of course, been a resistance to their role. There always is resistance to change. Here in British Columbia, as I’ve mentioned before, we’re pretty much last in the country in the utilization of nurse practitioners. That’s going to change.

[5:00 p.m.]

When I meet doctors…. Overwhelming, one of the things that changed from the time I was a Health critic, which ended in 2011, and the time that I became Health Minister was the transformation amongst many, many doctors, especially young doctors, of how they value nurse practitioners and how people working together in teams, doctors and nurse practitioners, can do even more for the health care system. Nurse practitioners themselves have enormous not just potential but proven results — over, now, at least a couple of decades in multiple jurisdictions — of the value of their work.

I understand some people don’t agree with that and don’t think that’s the right approach, but we believe it is. I think the evidence suggests that we’re going in the right direction. In that question, I think there’s been a line of direction. I’m very proud. The member talked about this earlier — about it being connected to work done in the past, work done by deputy minister Steve Brown and others. The decision 13 years ago to bring in nurse practitioners has put us in the position today to dramatically expand their role in primary care to the betterment of patients everywhere in B.C.

We recognize that. What we have to do now is ensure that patients get that care, that this works for them and this works successfully. I think it has been up until now. All the evidence shows it has been up until now. I think we have to continue on that path.

Not everyone’s always going to agree with that. We just had a discussion of…. You can have a debate with people in the medical community about chiropractors, about many other things as well. You’ll get different views as well. But nurse practitioners have shown and that path has shown itself to be the right path. I think the evidence — really, the bipartisan evidence — shows that to be the right path.

N. Letnick: Thank you to the minister for that.

If the minister, through the ministry, has any current evidence on the cost-effectiveness of nurse practitioners that he’s willing to share with me, that would be greatly appreciated. Since I said, as I travel the province and discuss things with people and listen to them, this comes up, it would be nice to pull out: “Here’s the evidence. Now what do you think?” Right? That would be great.

There are more issues that are brought up, but in the interest of getting to other issues, I’m just going to bring up one more.

Urgent primary care centres — the letter says they’re an extremely expensive model. “Communities and their physicians could have continued to provide this type of service for a fraction of the cost but we were shut out of the process, and our suggestions on how to build up and support existing providers of urgent care were ignored.”

The key part in this is the next line, for me: “How will they be evaluated? Will they be evaluated? By whom?” And when will the public be able — and I’m adding this last piece — to see the evaluation of the urgent primary care centres?

Hon. A. Dix: Thank you very much, hon. Chair. And as I say happy birthday to you, I say happy anniversary to the member. Ten years. It’s hard to believe. It seems like only yesterday that we first met here in the Legislature. So congratulations to the member. Actually, for those of us who are members of the Legislature, it’s an incredibly moving thing to do.

I think we’ve had an extremely good start with urgent primary care centres. Again, we have delivered in communities that needed improved access to care. We started in Kamloops, not just with the urgent primary care centre but the family practice learning centre there, which will build and support the next generation of family practice doctors in Kamloops. The data to May 1 shows 31,258 patient visits already. It’s the implementation in communities in every health authority of team-based care.

[5:05 p.m.]

Urgent primary care centres are not stand-alone. Their intent is to connect to patient care networks, to PCNs. They’re an important part of that discussion. But a far bigger budget part of that proposal will be primary care networks, it should be said. Urgent primacy care centres will play a role in all of those.

I believe, if you look across…. I’ll just break down the numbers so far. So 9,603 on the West Shore. Many of these have built out, so they started small and then they built up to full capacity — almost 10,000 patients on the West Shore here in Victoria. So 7,500 patient visits in Surrey. About 4,000 in Vancouver. The two combined in Kamloops, which have been around the longest, around 9,000.

I think they’re going to be valuable. I just want to say that the goals, the intent, everywhere is the same — team-based care with a focus on attaching to permanent primary care. In Vancouver, the Seymour urgent primary care clinic now has new family practice doctors with the Seymour medical clinic on top so that, as people who are unattached come to the urgent primary care centre, they can be attached. So that’s a very significant improvement.

It’s about attachment. It’s about addressing and reducing some pressures on emergency rooms. It’s about extra-hours and after-hours health care for people across the province. I think more and more communities have been talking to me and wanting urgent primary care centres to come to their communities. You know that one of the next sites will be in the member’s area. I think there, like everywhere else, while the principles are the same, the structures can be different.

We have, in some cases, health authority–owned and operated urgent primary care centres connecting to the system. In other cases, such as Burnaby, such as Vancouver, we have what are essentially existing networks of family doctors who are operating the urgent primary centre for the health authority.

We’re being, I think, entrepreneurial and flexible in our approach. It’s not one-size-fits-all. We’re meeting the needs of communities. We’re working with local divisions of family practice, and I think they’ve been a success. Absolutely they’re going to be evaluated on a regular basis.

I believe one of the challenges for health care and for every part of public services is that we have a difficult time learning and, occasionally, a difficult time admitting we were wrong in one thing and making changes in direction. We have to be prepared to look at what we’re doing, because this is new in many communities, and make an assessment about its value against other alternatives and its value for the costs that are put forward.

That’s absolutely an assessment that will take place, absolutely will be made public. I receive, obviously — and I’m very interested — regular reports. We’re hoping, as we develop out urgent primary care centres — I expect a couple more to be announced within the next few weeks, and then another group to be announced in each health authority in the fall — that they’re going to continue to prove their worth.

But some of them will be more successful than others, so we’ll have to assess that as time passes. I think you continue to learn. I think they’ve proven their worth, and I think the results already show that thousands and thousands and thousands of people are getting care that wouldn’t have got care if we hadn’t proceeded with this initiative.

N. Letnick: Thank you to the minister. The minister is right. We have to be entrepreneurial in these things. We have to celebrate our successes and repeat the successes and also be prepared to identify when things go off the rails or are not as successful as they should be.

Sometimes government, political parties, tend to accentuate the positives and try to be very quiet on the negatives. So I made that offer to the minister a year ago — working together to make things better. He took me up on the offer by inviting the opposition critics to join him on a particular file. I think that’s the right approach, especially when some things can be politically difficult, as the health colleges issue is.

On this one, it would be, I think, advantageous that when there is some kind of internal report as to the effectiveness of the different urgent primary care centres, the minister take the opportunity to share the good news with the bad news so that we can all learn from this new direction for our province, which, as the minister states, started a few years ago, but is really ramping up now.

I will not ask the minister when Kelowna is going to get theirs. I know he said soon, and I’m sure that’s when it’ll be.

[5:10 p.m.]

Just one last question directly on urgent primary care centres and then one as a segue, ministerial order questions.

To my knowledge, the Westshore Urgent Primary Care Centre is the only care centre that has been designated a health facility under section 49 of the Hospital District Act. Why is this? Are there plans to designate other urgent primary care centres the same?

Hon. A. Dix: I’ll get a specific answer about other institutions. It involved the range of services being provided on the West Shore. In some other cases, it won’t be necessary. For example, the urgent primary care centre in Quesnel is on the site of the hospital, so I wouldn’t expect that it would be required there — to designate an existing hospital site in that way. We’ll have information in the next little while. I recall that it involved the specific services, so the answer is that it may happen with other urgent primary care centres, but there were specific services being offered there.

N. Letnick: Thank you to the minister. The next item is attachment of patients, which is a good segue from urgent primary care centres.

By some accounts, there are approximately 700,000 to 800,000 people in British Columbia that are unattached. Some of them don’t want to be attached. They have no desire, and that’s fair enough. It’s personal choice. But there are a number of people who would like to be attached that have been having trouble finding family practice practitioners or practice teams to get attached with.

This is partly a political question. My concern, from the political side, is with the good work that we were doing on primary care centres, with networks, with medical homes — with all these things that we are working on to provide more access to health care. The ministry, or whoever calculates attachment, will say that a patient who, before, was unattached — now that they are connected to or have visited an urgent primary care centre, for example, two or three times — now is attached, all of a sudden, when they’re really not attached. They might be attached, in a way, to the primary care centre, but they’re not attached to a full-service family physician or a medical home.

I want to forestall that by asking the minister now: who decides how many people are attached or unattached in the province of B.C.? What is the definition, specifically, of that attachment? So that we are comparing apples to apples as we go forward over the next, I don’t know, maybe two and a half years, and we get to announce how great the ministry has done in attaching so many patients.

Hon. A. Dix: First of all, just to say that the Westshore was designated because of RHD funding. That’s why it was designated — on the urgent primary care centre.

On the issue of attachment. First of all, I think we have to reflect on — I think the member will know this — why attachment is important. We know, when there is attachment between a person and a nurse practitioner or family practice doctor or a group of family practice doctors, that they get better care.

That connection is important. Every single person in this room and every single person outside this room can tell of an example of that relationship being helpful in navigating the health care system, but also, that knowledge is very important. I’ve said many times — I have type 1 diabetes, so I walk into a primary care doctor with that problem and whatever problem I’m going in with on that day. Having that depth of experience with a family practice doctor, which, by the way, I don’t have right now…

Interjection.

Hon. A. Dix: …is very important. It’s very important.

That’s the way it goes. We all know how we can reduce that by one.

The Ministry of Health is reliant on two measures, historically — something called the Ministry of Health’s attachment algorithm, which is where we use the significant data that’s provided to the Ministry of Health through the Medical Services Plan, and also the Canadian community health survey data, which is a Statistics Canada measure, so it’s not our measure. It’s their measure.

[5:15 p.m.]

Just to give you a sense, the algorithm is derived from MSP data on patterns of primary care use. A patient is categorized as “attached” if the majority of a minimum of five primary care visits in up to the last ten years were made to the same primary care provider — this allows us to be not valuing attachment qualitatively but through data — or a patient does not have five visits but has three visits to the same practice.

A patient is categorized as “unattached” if the patient has the minimum of five visits in up to ten years but does not have a majority with a primary care provider.

A patient is categorized as “unknown” if the patient does not have the minimum five visits in up to ten years and does not have three visits to the same practice.

That is how the algorithm works, essentially. It’s using MSP data to define the attachment of a patient to a primary care provider. Equally, the Canadian community health survey, the Statistics Canada survey, goes another route, which is to survey the population broadly and provide similar information. We use both of those. What we want to do…. Something that’s, obviously, very important to me to know is how we’re doing. Sometimes it’s complicated.

I’ve said this, and the member has heard me say this before about GP for Me. There’s a political discussion about GP for Me. There was a political debate, and there was a promise that everyone would be attached to a family practice doctor. That didn’t happen. They abandoned the program, and the numbers of people went up. It doesn’t mean that everything about the program was bad. Indeed, significant efforts were made under GP for Me. Part of the problem, in the case of that program, was, let’s say, the overselling of what the program could do.

It is a challenge to measure it. The member will know this. In his own community of Kelowna and here in the capital regional district and Vancouver, there are doctors who are retiring. Sometimes what happens as a result of that is several thousand people may be sent out to find new attachments to family practice doctors. Those are challenges. We not only have to meet the challenge of the unattached but to reattach people whose family practice doctor or nurse practitioner…. Or they themselves have moved.

These are real challenges in the system. But that’s how we try and measure, apples to apples, what we’re doing. We have a federal government measure, which is important. It’s not just us. Then we have a much more technical and, in a way, much more detailed measure to do it so that we can tell ourselves how we’re doing from period to period.

N. Letnick: Thank you to the minister for that. I’m glad there are two sets of metrics that are working on this. I’m sure the minister would agree…. All members of the House would like all unattached patients who wish to be attached to be attached. That’s the goal. We’re here to serve. I don’t think there’s a better thing to do than make sure everyone has an attachment.

Over the last few years, the GP for Me program…. As the minister knows, I was not involved with the GP for Me program. But from what I understand, the money invested in the GP for Me program was able to find attachments for 178,000 unattached patients. His ministry, through the program and through the help of divisions of family practice and other allied professionals, was able to find 178,000 homes for unattached patients, which were attached.

The minister has already mentioned…. That’s not including the people who lost their doctors because of retirements. According to the statistics that I’ve received, that was another 130,000 patients because of loss of their primary care provider through retirement or relocating docs.

That’s over 300,000 people that were assisted by the GP for Me program. I understand that they didn’t achieve the goal of everybody getting attached. As the minister said, maybe the goal was very high. I always believe in shooting high. Better that way and not making the goal than shooting low and then exceeding the goal, but you didn’t really go very far because your first goal was too low. It’s always that compromise.

I’ll just put that aside so that we can move on to other questions.

Hon. A. Dix: We could debate GP for Me for ten minutes.

[5:20 p.m.]

N. Letnick: We could debate $1.5 billion in GPSC to improve access, and all that.

Here’s the question again, to the minister. If I’m an unattached person and I go to an urgent care centre and I see different doctors at the urgent care centre…. In one year, let’s say I get six visits, which is more than the minimum five. Am I now considered attached by the ministry? Or am I not considered attached because I didn’t go see one particular doctor? For another example, if I go to a walk-in clinic and I see six different doctors on six different occasions, am I considered attached to that walk-in clinic?

Hon. A. Dix: These are always interesting discussions about attachment. One learns things all the time.

It is possible now, if you go for the first time to see a doctor, to use a fee code to attach yourself — for example, if I was to seek out a new person who was going to become my family practice doctor, to do that through the fee code. In general, what they’re talking about with respect to urgent primary care system centres doesn’t happen today. The goal of the urgent primary care system is attached to the network of doctors and to the doctors accepting patients in the community, and there’s a real effort to do that.

The value, though, of attachment is what you call longitudinal care, which is to ensure that people have a consistent level of care. In the previous group of doctors that I was involved with, I had a primary doctor, but there were occasions when that doctor was not there, where you’d go and see another doctor. I’d still be attached to that doctor and to that clinic. But in general, the effort is to attach to a primary care provider or to a nurse practitioner.

There will be some UPCCs that have their own attachment, but their principle goal is to both treat and engage with the patient and deal with their needs and then ensure that they’re attached and they have continuing care. If someone is coming back six or seven times — it’s certainly possible, and that will happen — that’s not the attachment we’re necessarily looking for. The attachment we’re looking for is to have the patient treated and then connected to someone who will know them the next time they come and the time after that.

N. Letnick: Thank you to the minister. That answer gives me comfort that we’ll be comparing apples to apples for the foreseeable future.

That’s the challenge, right? A lot of young people might not want to get a primary care nurse practitioner or a physician. They might want to just go to the urgent care centre. We would consider them as unattached, because they go in, they get their treatment, and they’re gone. They don’t have that comprehensive care the minister is talking about that we all want for everybody.

[5:25 p.m.]

That’s fair enough, but I wouldn’t want them to be a statistic that favours the government, when they come out with their messaging saying, “Look how good we are; we’ve attached 200,000 or 300,000 people now,” kind of thing. Unless, of course, we actually do attach 200,000, 300,000 or 400,000. Then kudos would be to the minister and his team for doing that.

I look at the time, and I look at how much we have to discuss. So I’m going to go into the short snappers, at least for me, and hopefully the minister will oblige me. I’m also going to skip some questions.

Non-surgical wait-lists for northern communities, particularly long-term care — could the minister please describe where that’s at right now?

And, if I may, to the staff: I’ll be skipping 2(k). So if you have someone coming for 2(k), they can turn around.

Hon. A. Dix: The member will tell me if he’d like more than this, but we have data, which is one of the standard data items in the ministry, about provincial wait time in Northern Health. This is the wait time for residential care, by health authority. This is the percentage of home and community care clients admitted to a residential care facility within 30 days of approval for services.

The member will know that Northern Health operates, in terms of residential care, at close to or at full capacity most of the time and that other areas of home and community care have a good record of service, including for adult day programs and others. With respect to that data, though, for Northern Health in 2013-14, the number was 27 percent within the 30 days. Just to put that in context, the provincial average at that time was 67 percent. So that’s, shall we say, not good.

It continues to trail the provincial average. Currently, in the 2017-18 year — the most recent year I have here — it’s 50 percent, which is better, obviously, than before but still significantly below the provincial average. If you’re looking at Northern Health on that basis of care, of wait-time care — percentage admitted to a residential care facility within 30 days of approval for those services — that number is 50 percent currently, which is, as I say, an improvement but still not as good as it should be.

N. Letnick: Thank you to the minister. As I said, we’ll skip 2(k). If I get time tomorrow, I’ll ask that.

Moving on to surgical wait times, I’ll lump (a) and (b) together to make it easier, I believe. The public is always interested to know how wait times are doing in the province. That’s one key barometer as to how well the ministry is doing. Is there a place that the public can get access to wait times, for their particular procedures and overall, for different health authorities, through the Internet?

Hon. A. Dix: This is the information for patients, and we can have the discussion about the surgical and diagnostic strategy, which I’m sure the member will be asking about.

To improve the communications with patients on surgical wait-lists, we’ve implemented what’s called a patient notification and point-of-contact initiative. This is not just helpful for patients; it’s helpful for us. It’s absolutely critical, when you’re booking people for surgery, that they be prepared for that surgery and, obviously, that they attend that surgery but that they also be prepared in the many steps that sometimes have to be taken to prepare for surgery.

[5:30 p.m.]

The notifications inform patients that they’ve been placed on a surgical wait-list and provide them with an estimation, in weeks, of how long they should expect to wait for their scheduled surgery. They also provide phone numbers where they call in case they have questions, and the phone line is the point of contact.

We did an early evaluation of how we’re doing in that initiative, because it was an important part of what we’re doing, with input from approximately 90 stakeholders, 70 of whom were patients. The evaluation found that the initiative has significant value for patients. They appreciated being informed initially and really liked being able to call the health authority with questions. To have a point of contact for something as important as surgery is a very important thing.

The second thing we’ve done is to do a refresh of the surgery wait-times website, which is available. This displays information with respect to surgical wait times, and new tools have been adopted that provide more information to patients waiting for surgery and, obviously, their families.

Finally, we’ll obviously be reporting publicly. We’ve already reported…. The member may have heard that we’ve reported publicly on how we’re doing with respect to MRIs. I would expect, in the coming days and weeks, we’ll report on how we’re doing with respect to surgeries, just in general. We’ve met the overall surgical target for the year, which is an enormous achievement.

It’s easy for a minister to say we’re going do 250,000 surgeries, or approximately that, but that requires enormous effort by a whole bunch of people in the health care system. I’d like to pay tribute to them here. I think these are really remarkable achievements. We obviously gave priority this year to reducing wait times for hip and knees, which was a quantitative question. There were long waits for hip and knees. And dental surgery — I think I’ve talked about that to the member before — which is a qualitative measure. We’ll be reporting out on those programs and those numbers, etc., in the coming days and weeks.

N. Letnick: Thank you for that answer, Minister.

We’ll now move to 3(c), DBS surgery. All I wanted to say was: thank you to the minister for expanding the amount of DBS surgery that will be available in British Columbia. That’s it. Given the time, I don’t want to canvass that too much.

Bariatric surgery. I’ve seen a lot of correspondence from different people, and different MLAs with constituents, who are really concerned. I don’t think the minister needs to hear the issue. Since he is a type 1 diabetic, I think he’s really familiar with some of the things involved here.

When can we see an increase in bariatric surgery in British Columbia?

[5:35 p.m.]

[D. Routley in the chair.]

Hon. A. Dix: I just want to acknowledge the Chair is the only Chair that we’ve had so far today who isn’t out celebrating a birthday today. So that’s pretty good. We were two for two.

The Chair: It was my birthday last week.

Hon. A. Dix: Last week? Happy birthday, belated. I don’t know if you know this, Chair, but we’re celebrating the tenth anniversary of the election of the member for Kelowna–Lake Country and a lot of other members of the Legislature.

We did, in 2018-19, 411 surgeries. That’s up from 363 in 2014-15. We’ve established a floor for those surgeries because there’s always pressure on different kinds of surgeries in the system. You will know…. There’s a Dr. Sharadh Sampath, who’s been advocating for more such surgeries, arguing that, really, we are both performing fewer such surgeries in other jurisdictions, and we’re not coming close to meeting what he would perceive to be the need.

What’s definitely in place is the protection of that ongoing funding, both for the surgery and the significant preconditioning required for the surgery. I believe, in the last year, the surgical target was 415 in 2018-19, and that target was met: 200 here on Vancouver Island and 215, I believe, at Richmond Hospital, where Dr. Sampath does his work. He’s a very effective advocate.

In addition, there’s been preconditioning last year for…. The target last year was 406. The target has been increased this year so far, as we assess our surgical plans, to 438.

So the member is right. There’s a considerable campaign going on in this regard, and there are very effective arguments being made that we need to advance these programs. There are also changes in the types of surgeries taking place, which may be of significant value to patients in future.

It’s one of the areas of surgery we’re clearly looking at, as compared to other jurisdictions in Canada, as compared to the people waiting for surgery that we may proceed with. We haven’t made that decision yet, but it’s something that we’re looking at. Obviously, Dr. Sampath and his patients are strong advocates for that.

N. Letnick: Thank you to the minister. The minister is right. In addition to all the patients, Dr. Sampath is quite the strong advocate. He actually took a strip off the minister in public in the Province newspaper, describing wait times by the ministry to be a little rosy compared to what is actually happening. I’m sure the minister is aware of the Province article, since his name was all over it. I’m sure the minister doesn’t want me to reread the letter here. I don’t have that time. I’ll just let the minister sit with that.

Interjection.

N. Letnick: January 7, 2019. Let the minister look it up and have a read. Okay.

One more question on this. This is more of a clinical question, which is totally out of my area of expertise. In researching this issue, I found a lot of alternatives to surgery — the pills people swallow to fill up their stomach, other medical devices that can be inserted through scopes that move up and down with digestion, all these kinds of things. Again, I know the minister is not a clinician, but are these realistic options for the long wait-list to get bariatric surgery?

Hon. A. Dix: I think it’s fair to say that bariatric surgery is, itself, a complex surgery, a challenging surgery. I am aware of the advocacy of Dr. Sampath. He’s not arguing…. I don’t take his words as critical of me. He’s advocating for his patients, as he should.

[5:40 p.m.]

Part of the discussion we had around…. A lot of people on the issue…. It’s one of the challenges we face on the issue of deep brain stimulation, which the member referred to. In that case, what we were spending a lot of time working out was actually building the actual capacity. It’s one thing to make announcements; it’s another thing to make sure you can respond and deliver on that. That took some time. In the interim period in that case, there was some criticism as well, which is just the way it goes.

There are other devices. Just to give the member a sense of that, several of them have been approved by the FDA, which offers some alternative, some opportunity and, I think, some potential, to do some of the same things that bariatric surgery does but in a less interventionist way. There’s some potential for that, which I think is very positive for the future.

In our case, the health technology assessment committee makes those decisions. It helps us make those evidence-informed recommendations to executives as to whether a technology should be publicly provided. While they haven’t yet recommended any alternatives to bariatric surgery, some of the things going on, both elsewhere in Canada and in North America and the world, show promise.

N. Letnick: Organ donation. Are we at a point where the government is seriously considering making organ donation automatic — in other words, assumed consent?

Hon. A. Dix: First of all, I think the member would agree with this: there’s nothing more moving than the relationship between, sometimes, donor families, if the donor is deceased, and the recipient of an organ donation. Certainly, the work done by B.C. Transplant in B.C. is extraordinary work.

I’m really proud that 1.35 million British Columbians have registered their wishes to be an organ donor. I’d like to acknowledge the excellent work of my colleague the minister responsible for ICBC, who has made this, at a delivery level, a significant effort on the part of the Insurance Corporation. You see that every day, if you’re renewing licences and so on — a real effort to increase both the number of organ donations and to engage with the public.

We’re the leader in Canada for both deceased and living organ donation. In 2018, our donor rate per million population was the highest in the country for the second straight year, and 502 lives were saved in British Columbia in 2018 through organ donations and, I think it’s fair to say, the work of B.C. Transplant and all of the clinicians involved in it. Also, the work of hospital staff, frequently, is extraordinary in facilitating this and then in making it happen.

We have tried to, I think, for a number of years, follow Spain, which is the world leader in deceased donations. They attribute their success primarily to the use of transplant coordinators — as we do in B.C. — donation physicians and a robust education program. The evidence suggests that the major reasons for differences in donor rates between countries are varying practices in the identification of potential donors, rather than different legislation governing organ donation and presumed consent.

The member will know that Nova Scotia is looking to proceed in this direction. Of course, we’ll take a look at what they’re doing. There’s also some movement in the United Kingdom. But I’m very impressed with how we’re doing now — not how the health system is doing or the Health Minister is doing, but how British Columbians are doing. As the rates of people registered to be organ donors continue to increase and as we improve our health care system and our transplant coordination system, following Spain, we can do the job we need to do, which is to get the organs to people who need them in as timely a manner as possible.

[5:45 p.m.]

I am interested in the debate. Of course, when I became Minister of Health, it was one of the questions I asked — that whole issue of consent. But every time, in my view, you can get someone to actually step up and agree and register is a success. We’re doing well, and I’d like to continue on that path for a while. I don’t reject out of hand the idea of a different approach to this, of having a presumption of consent, but I love the idea that millions of people in B.C. are giving consent — and the generosity that that shows.

N. Letnick: Thank you to the minister. I had quite a number of questions on MRIs, which would probably take us till ten o’clock tonight. I’m going to skip a whole bunch of opportunity for the minister to tell us how great the program is going. He’s already done that; he doesn’t have to repeat it.

I do have three short, I hope, answerability questions. One of them is: one of my colleagues has a constituent who had a scheduled MRI in 2018 that was cancelled by a technician who told her that he could not do the MRI due to her size, and he rescheduled the MRI for November 19. The constituent said that the technician had no empathy. Immediately after she went out of the MRI room, a larger person than her — who was characterized by her as looking like a football player — went into the room. There did not appear to be any apparent problem or issue with him getting the MRI. He was likely close to 350 pounds in weight.

She obviously was discouraged by this. She is only 190 pounds in weight. She is wondering why she would have been told that she was cancelled — to use the word — due to her size, and how rescheduling an MRI for her would make any difference. My question is: does the minister or staff have any idea why someone of 190 pounds would be considered too large for an MRI, versus someone of 350 pounds? Or is there something else involved here, like the shoulder width, the stomach width or something like that? In the interests of time, if there isn’t an easy answer, I’ll just pass this file to the minister and his staff to look into.

Hon. A. Dix: What I would suggest are two possible approaches. Obviously, there’s a complaints process through the patient care quality review board. Certainly, if there’s a complaint or a concern, that’s something that was set up in 2008 — the whole patient quality process. I was opposition Health critic at the time, as I recall. There’s an opportunity for people who have complaints about the system to see those and have those complaints reviewed independently. If the member would like the ministry to review that — I would imagine he would go through the consent process — we’d be happy to take a look at the case.

N. Letnick: Could the minister please tell the members how much it cost to buy the two private MRI clinics?

Hon. A. Dix: I think I’ll have to check on this question. One of the issues around a commercial acquisition like this is, potentially, of course — I’m not suggesting we’re going to do this — being prepared to do this again. There may be some commercial confidentiality questions. If there are not, I’ll be happy to get the information for the hon. member.

N. Letnick: When the minister is doing that, would he mind also looking at the budget to run them, if it’s any different than running them inside a hospital, like traditional MRIs? The minister hasn’t been musing in the media about possibly doing this again. It would be nice to know if this model is actually more cost-effective than just buying machines and putting them into public facilities that were built for that purpose.

[5:50 p.m.]

My last question related to this issue is, and it’s appropriate to see the Attorney General here: is the legal cost in the Cambie case coming out of the Health budget, or is it coming out of somebody else’s budget?

Hon. A. Dix: It’s actually coming out of the Ministry of Health’s budget, but of course, that is being led by the outstanding legal team at the Ministry of Attorney General. It comes out of our budget. It’s the Ministry of Health, effectively, that’s being sued or was sued or had the case brought against us, in part. There were others that were defendants but in January of 2009.

N. Letnick: I concur with the minister. This has being going on for some time, over successive governments now. Is it a public record as to how much this is costing, on an annual basis, the ministry for the legal fees to defend in the Cambie case?

Hon. A. Dix: We aren’t providing information about the costs. How the process works is we provide money to the Attorney General’s ministry that they draw down on to pay their legal costs — for example, the cost of expert witnesses, travel and issues such as that and, obviously, the cost of legal services, and so on. That’s how the payment process happens.

We haven’t made public the legal cost of defending against this lawsuit. Sometimes there’s confusion about this lawsuit in some places, that we’re somehow engaged with Dr. Day. The lawsuit is against the province of British Columbia, and we’re defending that lawsuit.

I don’t know whether, at the end of the lawsuit, that information will be provided, but it’s not being provided at present.

The Chair: Member — the father of the best teacher in British Columbia.

N. Letnick: Thank you. Her name is Melanie Letnick, by the way — just to get that on the record. I’ll make sure she sees that from you, Mr. Chair.

I’m not familiar with the FOI process. I’ve never had to do an FOI. That might be of comfort to the minister. Is this something that I could FOI? Would that be something that, under FOI, is available to the public — to find out how much it’s costing British Columbians to defend in the Cambie case?

Hon. A. Dix: I don’t want to make this distinction and sound like I’m being in any way glib. The member, of course, can do an FOI request to government. I think, in this case, that would be adjudicated at that point. This is, obviously, an ongoing proceeding that has been carried on for a long time. So the member could submit such an FOI. It actually wouldn’t take the member very long.

[5:55 p.m.]

Whether he would be successful in that is not really mine to say. My guess is, from my own experience of…. I’ve attempted to do that in the case of a number of Crown corporations that I was the critic for at some point, and I found myself singularly unsuccessful. I’m not giving you advice as a minister of the Crown in that case. I’m giving you advice as a fellow MLA.

In the meantime, I wanted to put on the record that we have MSP beneficiaries by five-year age groups. This is just a chart, which I’ll share with the member. The area that he would be most interested in, though, is that in general, for 2014 and below, we’re seeing an increase in beneficiaries, an expected increase in beneficiaries over the next five years. In the gap between 15 and 24, a decrease. Then between 25 and 44, an increase. It goes from 10.3 percent in the 25 to 29 category to 7.9 percent in the 40 to 44. Then a decrease of beneficiaries in their 50s and then very significant increases — 10 percent between 65 and 69, 22.4 percent between 70 and 74, 20.5 percent between 70 and 79.

Here’s the kicker: 30 percent, for 90 and above, in terms of MSP beneficiaries. So 90 and above, 43,398 in 2017-18, expected to be 56,000 by 2021-22. Those are obviously significant increases. That’s an annual percentage change of 6 percent a year in that category of 90 and above.

I’ll share this with you.

N. Letnick: Thank you to the minister. This reinforces the whole argument we were talking about before about fair compensation.

Pain management. Again, this is another one of those that received a lot of concern from constituents across the province — about the change.

We discussed this in estimates last year, with Dr. Etheridge saying that the qualifications for issuing pain management services outside of hospitals are being reviewed and are potentially going to change, whereby up to 80 percent of people will no longer be able to practise this service outside of public hospitals and other public institutions.

What I understand, however, from the visit from the College of Physicians and Surgeons last week, is that they are reviewing this. They’ve asked for more input, and they are potentially going to slow-walk this, moving forward, in light of all the public input that they’ve received. Is that the minister’s understanding as well?

[6:00 p.m.]

Hon. A. Dix: The member will know, because we had a discussion about this on Tuesday, May 15 of last year, 2018. At that time, we’d received information. I think the day before, or something, a review had in fact been announced. Because of considerable concerns…. A number of doctors put forward concerns. A concern that the member expressed at that time was that that new regulation would, for all intents and purposes, disqualify 80 percent of people, including him, in that case. That was the concern that was being expressed at the time.

A year later some progress has been made. First of all, it should be said that health authorities were directed in their mandate letters this year to improve chronic pain management services, in collaboration with PHSA. For people living with chronic pain, it’s obviously a central question.

The B.C. medical quality initiative, which is part of PHSA, is completing the last phases of what are called privileging dictionaries, related to procedural pain management, anaesthesia, diagnostic imaging and other areas. These have been developed with specialists practising in the areas, the B.C. medical quality initiative draft public facility privileging dictionaries, allowing grandfathering of physicians currently performing PPM, providing they meet current experience and quality requirements.

This is the part more interesting to the member. The B.C. College of Physicians and Surgeons is, of course, establishing…. He and I and other MLAs met with them last week for credentials and facility requirements for PPM in private settings. They’re currently posted for feedback until May 27, 2019. Then obviously the college will be dealing with issues around that feedback. The college believes — and I think they expressed this — that the majority of physicians currently offering PPM in private facilities will be able to continue to do so under the new facility accreditation standards.

So that’s the process going on. It’s an ongoing process with the college. Obviously, they did a lot of work in the interim years since we’ve last spoken on this question, which is a question of real import both to practitioners and to patients. The member can tell, in discussing these issues with Dr. Etheridge that they take them seriously and have responded to the concerns and are trying to find the right balance.

N. Letnick: Thank you to the minister. Based on his answer, and also based on the conversations I’ve had with the college, I guess I would say to those people that are suffering in pain out there that it’s different today than it was a year ago. I have much more hope in this than I did a year ago that it will not see 80 percent of physicians lose their ability to take care of this very, very serious chronic problem that people have.

I also heard some good news that there might be an announcement to be made in a particular riding that I’m familiar with, in the near future, concerning this. But I’ll let the minister make that announcement once he’s told what it is by his staff. I might actually, based on his body language, have heard something before he did. I’ll take it.

We’ll move now to binder 2 of two binders. We only have less than an hour left. We’re just having way too much fun. For those that are keeping score — and I don’t mean basketball — we are going to skip 6(b). We’re going to skip 6(c), 9(b), 9(d) and 9(e). Hopefully, the rest will be short snappers.

Evaluating performance of regional health authorities. The minister is responsible for the health care of all the province. However, a lot of the health care is delivered by health authorities, which the minister gets to appoint members to and trusts that the health authorities will act efficiently and effectively on behalf of all British Columbians. But how does he know that? How does he know, how does the government know and how do the people of B.C. know whether one particular health authority is actually working better than another health authority, or a third or a fourth?

[6:05 p.m.]

I happened to just be looking at different reports, trying to figure that out, and I came across this beautiful report, the Patient Care Quality Review Board report, that listed the number of complaints that different health authorities had received over the last four quarters.

When I was reading through it, I was kind of surprised to see a general increase in complaints over the last four quarters by 24 percent, which is not a good indicator of anything other than, maybe, more people reporting that they’re not happy. But I would suspect that these are all legitimate complaints or inquires that have been lodged.

Then I looked by health authority, and I saw 24 percent in general, but at Fraser Health, it was 18 percent increase; Interior Health, a 28 percent increase; Island Health had a 21 percent increase; Northern Health had a 45 percent increase; PHSA had a 59 percent increase; and Vancouver Coastal, the star of the gang, only had a 10 percent increase in complaints.

Now, I have no idea if this means that one particular health authority is doing better than another. It’s just one measure of how a health authority is doing — one important measure, obviously. But there must be other measures that the minister uses, and I was wondering if those other measures are public.

Is there a benchmarking tool, something, where the public can see that their health authority is actually doing really well and should be congratulated for doing really well in the different categories of whatever it is — wait times or complaints or whatever the ministry has come up with as the “hold them accountable, feet to the fire” kind of criteria? Is that available to the minister? And is that available to the public?

Hopefully it’s available to the minister. If it’s not available to the public, can it be available to the public so that the public can see how their health authorities are doing? Those that are doing well can be congratulated and those that are not can face the consequences of their skills and abilities.

Hon. A. Dix: First of all, I’m sorry, I’m going back to a question for a little while, just to provide some information to the member. In 2016, the most recent year for which interjurisdictional migration data is available, B.C. gained a net of 282 physicians from other provinces and 42 internationally. So that’s kind of interesting information.

With respect to the monitoring and valuation, as the member will know, that’s something that I’m interesting in. Those are questions that I ask all the time. We see this in specific initiatives.

How are we doing on primary care networks? How are we doing on urgent primary care centres? How are we doing on surgical procedures and wait times? Will the circumstances…? Sometimes circumstances will affect how a particular site does. If you have issues with anaesthesiologists on a particular site and, in that period, there are some cancellations of surgeries as a result of that, that’s not a systems problem. That’s a personal problem that you have to address over time. These things happen.

With respect to the patient quality review boards, that’s also affected by something that I’m very proud that we’re doing, which is giving more significant publicity to the right to complain. I think that’s important. It’s important we hear those complaints and that we assess them not just in quantity but in quality. What were the conclusions that were developed around those complaints? That’s important. That’s why the review boards play such an important role.

Again, in that case, that was an initiative of the previous government that I supported at the time. We’ve gone through both the quality council and the review board’s ten years of activity. I think one of the things that we want to do and what’s valuable about those complaint processes is they give people a place to go, with independent adjudication, a place to have their concerns felt. I think they’re very important.

How they measure and how measuring the quantity of complaints or, conceivably, the outcome of complaints one could do, how that is measured. I would say it’s one measure among many. If we were to publicize the complaint process even more, we might get more complaints, but that wouldn’t necessarily reflect on the performance of the system.

That said, we do a number of things to set expectations, and we’re proposing to do some additional things because — I think we had this discussion a little while ago — I share the member’s desire to have ways to measure — and measure and assessment.

The first is, obviously, mandate letters. We also provide each health authority with an annual bilateral agreement, which specifically details expectations and requirements for priority setting. The former, the mandate letter, is a public document. The latter is not.

[6:10 p.m.]

We obviously have health authorities developing annual service plans, as well, that identify how the health authorities intend to carry out the direction of the mandate letter. Internally, we have a leadership council, which is led by the deputy minister, Steve Brown.

Essentially, once a month, the health authority CEOs meet with the deputy minister, often for a full day, sometimes a day and a half. We go through — area by area, issue by issue — the issues facing the health care system. We’re all part of the same team. I think there’s a tendency when you create separate authorities — especially very large authorities like Fraser Health, which is, objectively, maybe the largest employer other than the provincial government in the whole province — they are focused on their own concerns. So we have a leadership council.

In addition, they produce an integrated report, prepared quarterly, that monitors a set of indicators. Health authorities themselves prepare annual service plan reports. Obviously, we’re periodically getting wait-times reports. I’m pushing to get more of those because those are of concern to me. I meet bimonthly with the chairs of the boards of the different health authorities.

I think, objectively, we have outstanding chairs of our health authority boards, who I meet with regularly. We discuss expectations and have an exchange. The member will know Dr. Penny Ballem, who is the new chair of Vancouver Coastal Health, a former deputy minister of health. Leah Hollins is the chair here on Vancouver Island, a former deputy minister of health and Order of Canada winner. Tim Manning, who the member will know from Kelowna, is just an outstanding board chair and chairs my committee of chairs. He is just excellent.

I won’t go through everybody, but you know the rest. We just have outstanding chairs in every authority, and I’m very proud of the work they do. Some of them date from prior to my becoming Minister of Health. Others are obviously new appointees, but all of them are excellent.

In the future…. We obviously work with the Canadian Institute for Health Information, so we get a series of indicators there. There are plans — this is being led by the deputy minister — to improve monitoring and evaluation. We’ve developed what’s called the health sector performance management framework to drive continuous improvement and innovation. We’re working on its implementation. That will include — in addition to these measures — trends in population, health needs and health services received, and performance and population patient and system outcomes across health authorities.

I think that there is an expectation, on the part of the public, to have accountability. What we’re doing today is part of that accountability, of course, as well. But we believe that we can do more to demonstrate the extraordinary efficiency and success, overall, of the public health care system in B.C.

N. Letnick: Thank you to the minister for that. He did mention that health authorities had service plans and annual service plans reports. It would be advantageous if we could actually see those. Would the minister comment if he can make those public?

The minister also mentioned wait-time reports. I was given a wait-time report for 2018-2019 — P-11. The report is interesting in that it talks about the number of surgeries as of March 7 that British Columbians are waiting for. Hips and knees were 10,467. Dental — 1,994. Other surgeries — 73,883. And that’s compared to the fiscal year 2016-2017. So two years ago, the number of people waiting was 80,702. Over the last two years, basically, has been an increase in people waiting for surgeries across all health authorities by 5,642.

Now, that’s one piece of data. For me, the more important piece of data, the telling data, was the distribution of these waits across different health authorities. You look at different health authorities as to whether or not they met their targets. For those quarters in B.C., the target for all health authorities was 16,712. We came up shy 773 in hips and knees.

[6:15 p.m.]

IHA came up shy. They were only able to do 3,414, and the target was 3,814. Fraser Health — their target was 3,811, and they only did 3,434. VCHA — their target was 4,098, and they achieved 3,955. VIHA, however, gets the green star. They achieved 4,021 when their target was 3,839. Northern Health came in very close. Their target was 1,154, and they were able to achieve 1,115.

Now, that’s just hips and knees. Then it goes into how much time people had to wait. We have 14.9 percent that were able to meet — if I’m reading this right — the 50th percentile, which means 50 percent of the surgeries. So 14.9 weeks for half on the wait-list who were able to get their procedure, and if I’m reading this right, again, for all of B.C. for hips and knees, the wait is actually getting longer for the 50th percentile. But B.C. is doing well on the 90th percentile, achieving 41.3.

That’s fine, again, on hips and knees for all of B.C., but then you can look at the individual health authorities, and you see that the one that stands out the most is the biggest one, which is Fraser Health, where it’s taking longer for hips and knees to occur. They are not meeting their targets, and their times to get to hips and knees are not improving. Actually, they’re getting worse on the 50th percentile as well as the 90th percentile. So they kind of stick out.

This is just one report — one report that I would imagine is not available in the public domain — that clearly shows that in the case of surgical wait times, the province is not meeting its targets, and that clearly shows that in the case of wait times, Fraser Health is not doing as well as the other health authorities. I think the people who live in the area of Fraser Health have the right to know that their health authority, according to this report, needs to up its game.

I’m not asking the minister to really look at and comment about every single stat in this report. I’m just asking if there’s any way that we can see, in the future, that the health authorities are given their marching orders — as the minister said, their service plans that are produced — and then the annual results of those service plans are made public so that the public has the ability to know whether or not Fraser Health is doing any better than it did the year before or the year before that, and the public can help improve the delivery of health care services that clearly, from a wait-list monitoring report that I received, shows that there are some challenges in some of the health authorities and, overall, in the case of hips and knees, in the province.

Hon. A. Dix: Well, I’ll be reporting in full on this question, and I will be delighted to.

The province set a target of a dramatic increase. People will remember that in ’16-17, there were 14,300 hip and knee procedures in British Columbia at that time. This year you’re going to see a massive one-year increase in that. We actually set a higher internal target than the public-part target we set for that and for surgeries, and I’m very pleased with the results that emerged from that.

I’ve already told the member, and we’ll be reporting on this in detail, about the surgeries to do. We met and exceeded our surgical targets for the year. The reason some health authorities have higher wait-lists than other health authorities is generally because that’s what we’ve inherited over time. In Fraser Health, the surgical capacity is less and the population growth has been the most. They’ve faced the most challenges over time, and everyone understands that.

In terms of meeting the targets for surgery, our surgeons have done an outstanding job this year. We’ll be reporting on these things in detail to the public, who, as the member says, have every right to know. We said what our targets would be. We set them out in a public press conference a year ago — what the target for overall surgeries would be. We laid out a number there. We’ve exceeded that number, so I’m going to look forward to that equally. In the case of diagnostic procedures, we’ve have that discussion. We’ve had that report already, and the results have been excellent.

[6:20 p.m.]

I’m satisfied with the performance, which is on hips and knees and on dental. It dramatically exceeds any reasonable expectation. I think from the last full year of Liberal government to the first full year of NDP government, that’s a 28 percent increase, which is pretty good. Could we have done better than that? Well, we could. There are limits to that, and there are challenges to that.

That achievement is not my achievement. That’s the achievement by doctors and nurses and health care workers and patients themselves who prepared for those surgeries, patients who have rehabilitated themselves. A big part of that is success in Fraser Health. I think they’re doing an excellent job on hips and knees. We’re moving and changing the procedures and have moved and changed the procedures. We’re moving in these areas to centralize wait-lists that will improve public responses.

I think there are dramatically fewer people now waiting on hips and knees wait-lists — by more than 1,000 — than there were when I became Minister of Health. One could say it should be 2,000, that it should be 4,000. But there are fewer people waiting, and they’re waiting for less time. We will be reporting on that soon.

N. Letnick: Thank you to the minister for that response. Again, I used the hips and knees and the wait times and targets not being met as just an example. The key question was: the service plans for health authorities and the annual service plan reports — are they public, and if they’re not public, could the minister consider, please, making them public so that the public can see what is going on in the different health authorities?

Hon. A. Dix: Yes, they are.

N. Letnick: Thank you to the minister. I love the “yes, they are” answer. That was perfect.

Hon. A. Dix: We got it down. Can I check one off there?

N. Letnick: Yes, now we’re moving on to No. 7, health information technology.

Hon. A. Dix: Well, that’s three hours.

N. Letnick: That’s three days in Toronto, actually, next week.

Hon. A. Dix: That’s right. Are you going to report out?

N. Letnick: I will absolutely report out. I’m happy to do so, maybe in a two-minute statement in the fall session.

Welcome, to the health IT experts behind you. This won’t take too long.

PrescribeIT and PharmaNet — there is some concern by some companies that the government is seriously considering and going to move towards a system whereby PrescribeIT or PharmaNet — I’m not sure how PharmaNet would do it, but the Minister can enlighten me — will become the only method by which physicians and other prescribing professionals could send prescriptions to pharmacies in the province of B.C., thereby interfering, I guess would be one way of putting it, with the relationship between doctors who choose to use other methods to send their prescriptions electronically to pharmacies.

This is, I believe, being done in some of the other provinces, being considered as also exclusive. I understand how PrescribeIT came about, so I don’t need an explanation on that. I might, please, given the time we have…. I know; you have ten pages of that.

Hon. A. Dix: It’s such a good explanation.

N. Letnick: It is. It is a great explanation. My only concern at this point is: are we moving in a direction that would see PrescribeIT having an exclusive corner on the market, so that would exclude people from sending their prescriptions directly to their pharmacy of choice?

[6:25 p.m.]

Hon. A. Dix: No.

N. Letnick: The gold star goes to the minister. He knows how much I appreciate that. Thank you.

Personal health records. I don’t know if the minister’s familiar with this particular issue. I’m in IHA. Therefore, I have my health portal, which tells me what my results are if I go to get labs from IHA facilities. I go to the private lab, and it’s not on my personal health record. I then end up in an accident. I’m brought into the hospital. They have what IH has, but maybe I’m in the hospital, let’s say, in VIHA. Do they have what IH has?

You know where I’m going with this, which is: when are going to get to the day…? Obviously, in the last two years of the minister’s leadership, I don’t expect that to be today, but it’s a progressive thing. We’ve been working towards getting there.

When are we going to get to the point where every British Columbian has a single source of all their medical records that they own, that they can see from all providers and that they can then distribute to whomever they wish to distribute to, so that if they want to deal with Babylon Health and tell the guy on the other end of their smartphone that they have access to all their records…? Then when that meeting is over and done, they end up in the hospital, and they have access to all the same.

Obviously, that’s the way we want to go. We have countries around the world that are way ahead of us on this. I know the minister is probably going to say: “We’re doing catch-up as fast as we can, given the last 16 years.” He’s shaking his head no, so I appreciate that.

Hon. A. Dix: Only ten.

N. Letnick: Only ten.

When are we going to get there — maybe in two or three years? It would be nice.

Hon. A. Dix: One day, I’ll be able to give my 30-minute speech on the history of this question, because I have a lot of interest in it. Of course, as the member will know, it has a fairly colourful history, both within the Ministry of Health and within the country.

I think we have a system of EMR, electronic medical records, in general, that has been disastrously managed by not just the previous government but just about every other provincial government and the federal government. It’s a system where Canada Health Infoway used, as its defining metric, getting money out the door rather than results. The original bidding was disastrous, and obviously, it had consequences as well for individuals.

All of that said, again, I think, it’s a constant learning thing for governments. I don’t know — and I don’t quite understand; and I’m glad the member’s going to the conference — why, on so many areas of procurement, we do fairly well, and on areas of IT procurement, as a country and as jurisdictions, we don’t do very well. My general view is that the tendency has been to want to give big contracts and make big announcements. Then we have to start to prove things can work. That’s the way our staff is going through this process.

We’re actively working on a provincial patient gateway to provide patients with a secure, single on-line point of access to health information, regardless of where it’s held. Through the gateway, patients will have secure access to on-line health tools, using their B.C. Services Card. Certainly, the advent of the services card has been helpful in this regard.

Patients and their health care providers will be able to communicate securely, such that patient privacy is protected. Patients will be able to see their lab test results, medication history, diagnostic imaging reports and immunization information — the latter is very important to me right now.

[6:30 p.m.]

Connections will be made to external systems, such as physician EMRs, using provincial technical and health information standards that will improve patients’ and providers’ access to health services and information.

As the member will know, if you look at the past EMR vendor statistics in B.C., there are essentially eight vendors with at least 2 percent of the market, six vendors with at least 8 percent of the market. That’s the nature of the EMR side of the market, but we feel we can do better. I think we’re going to proceed on the basis that I’ve described. Take steps. Show they work before we give anybody massive contracts in future.

N. Letnick: Thank you to the minister. If I’m understanding correctly, we’re going to move towards a system where we have interoperability so that we don’t have a one-size-fits-all for everybody, with a big system, that we set together the architecture how people will communicate to this, but they can use their EMR or somebody else’s platform. As long as they have the right interoperability capabilities, then that’ll be good.

I understand that. People are shaking their heads. So probably in the next two or three years, from what I understand, is roughly what it’s going to take to get there, based on my conversations before Doug Kingsford started to work directly with the ministry, when he was a PhD adviser for somebody in the room.

Okay, that’s great. I’ll just leave that there and move on to hospital pay parking.

Jon Buss, amongst others, has been a strong advocate to see hospital pay parking stop. The minister has said, and I quote from an article: “One action that we have taken is that pay parking is not being expanded to new sites. We are systematically reviewing issues around parking across the system.” My question is very simple, to the minister. How much revenue is coming in for pay parking? What are our costs for pay parking? In other words, what’s the net difference? And what are his plans?

Hon. A. Dix: It’s interesting. Obviously, the direction of the previous government was to dramatically increase revenues from pay parking. It went from $19.2 million in 2005-06 to $44.2 million in ’17-18, which is a significant increase — 130 percent in that period. In FHA, you saw the same thing, in Fraser Health: $6.7 million in 2005, $15.3 million in 2017-18.

If you look at the nets and the costs of pay parking, the estimated costs are about $13.5 million, so you sort of take that off the $40 million, and that’s the net, which is around $26 million, $27 million in net revenue. In some cases, in some hospitals, the net revenue actually goes directly to the foundation, but that’s the situation in general, with respect to pay parking — that this sort of pay-for-play for parking was dramatically increased as a means, in part, of funding public health care. It wasn’t done for any other reason, but it was also an increased tax on people.

I think the member will know this, as Health critic. There’s no other issue, I think, that provides…. I said no other issue, but it’s one of the issues that provides the most passion from people, the most frustration. Partly, that’s the case because we want people to go to public hospitals to support their family members, to be there, so when they feel like they’re being ripped off, they feel like they’re being overcharged…. They feel like they’ve paid for the hospital, and they’re there doing something that we are encouraging and wanting them to do. In some cases, they don’t have a choice to do it. They go when they’re going into an emergency room, for example. This is a subject of enormous frustration for people.

[6:35 p.m.]

Mr. Buss has been talking about that publicly, but it’s a subject that I get asked about just about everywhere I go, with respect to hospital pay parking.

What can we do about that? Well, we’ve asked the PHSA to undertake a review. Current contracts, the main contracts for pay parking, end March 31, 2020. The need for that review now is an important one. Some people have already implemented some changes. In Fraser Health, they’re looking at having the payment happen at the point of exit, because that’s a moment of frustration.

The final thing I would say is, in the meantime, as the member will know, some new health care facilities, such as those in Comox and Campbell River, do not have pay parking — as he’s noted in what he had to say.

We want to be advocates for patients. But we have to understand that if there’s a decline in revenue as a result…. It’s like everything else. It’s one thing to say the previous government increased it by 130 percent or doubled medical services premiums. We still have to, if this is a priority, find the money but also make changes that might make the system fairer.

I happen to think that the proposal made by Jim Sinclair, the chair of the Fraser Health board, to move towards paying on the way out is an excellent and appropriate thing to do.

The final thing I would say is — and I can get the member this information — in significant numbers of cases, people are offered relief if circumstances require. This is true in every single health authority.

The challenges of pay parking are real. The woman who is working on this file is one of the most outstanding administrators in public health care, Linda Lupini. She’s conducting the review of this question for me. She works at PHSA and is the executive vice-president at PHSA.

We’re going to review that and consider all of the options involved. I think we can make some improvements. And then we have to address…. If we want to make improvements that reduce the amount of revenue produced by hospital pay parking, then we’ll have to make those decisions that are also budget decisions.

N. Letnick: Thank you, Minister. Just for my two cents’ worth, if we get to a position where pay parking is basically to pay for the parking and not to pay for health care, then I think that would be a reasonable compromise. You have to pay for the structures. You have to pay for the cost of managing the parking. In some areas, if you didn’t put a pay system in or some other control system in, the parking spots would be all filled up by people in the surrounding areas going to other facilities or other businesses.

It’s a challenge. I don’t see the day when all parking is free and available in all parking places around the province. For that reason, you have to manage parking in a lot of places. I don’t think you’ll get any argument from me if there is some mix of different things in different parts of the province.

Moving on to pharmacy, to drugs. I’m just going to talk very briefly on dispensing fees. We have the pharmacy association that basically says that they’re not getting enough money for dispensing fees.

In particular, I have one letter that said: “My cost for dispensing a prescription, as last measured by my fiscal year-end, September 2018, was $12.72. My cost to dispensing in 2011 was $10.72. That represents a reasonable annual cost increase of 2.7 percent.” Of course, he’s not getting that. He’s only getting $10 for the dispensing fee.

Is there any talk underway to see that the dispensing fee for prescriptions is increased?

Hon. A. Dix: I wanted to, since we have five minutes left, minimize the delay here, so the member might get another question.

The amount overall paid to pharmacists from the PharmaCare program is about $289 million. It represents a significant portion, as you would expect, of the PharmaCare budget.

[6:40 p.m.]

That proportion, that amount has been going up roughly 3 percent, per year, over the last number of years, so it has continued to increase. There are some areas of payments made to pharmacists in B.C. where we pay significantly above other jurisdictions. There are some areas of payments made to pharmacists in B.C. where we pay significantly above other jurisdictions. There are some areas where we are below. Obviously, those fees are always subject to review.

I spoke to the B.C. Pharmacy Association last Friday about the contribution they can make. I think one of the extraordinary things that’s happened in B.C. since the H1N1 virus hit the province…. They were responding, in the way that we immunize people, in a much greater role for pharmacists. That’s the role they’ve played. You’ll see that as we report month after month on our immunization catch-up campaign. The pharmacists who are providing immunization services, which overwhelmingly had been flu up to this point, about 97 percent flu, are going to be significant providers of MMR and MMRV vaccines in the next little period.

We are taking steps to increase the role that pharmacists play. In addition, of course, clinical pharmacists are playing a central role in primary care networks and in our primary care strategy.

That’s the situation now, and obviously, those fees get reviewed regularly. I understand that pharmacists would like the fees to be larger. We sometimes have these interprovincial comparisons. Depending on what we’re talking about, sometimes we’re higher, and sometimes we’re lower.

N. Letnick: Thank you to the minister for that.

What I’m going to do now, in the five minutes I have left…. I’m actually going to read out all the questions that I have left so that tomorrow, when we meet again, we’ll just basically, if possible, go through the answers. This way, the staff have a chance to do some homework tonight and put together the answers for the minister.

The first question is: can the minister release the price agreements made with Pharma?

The next question will be: what’s the government’s plan on biosimilars? Are we moving to a situation where people will be switched for non-medical reasons?

The next question will be under spinal muscular atrophy. It’s, obviously, a very serious genetic issue, life-threatening, debilitating. There are people that are looking for improvements to the reimbursement for patients on drugs that deal with it.

The next one will be for atrial fibrillation. Sorry. I can’t pronounce all these medical terms. I didn’t go to medical school. I went to business school. Rivaroxaban, also known as some other name that I can’t pronounce, Xarelto. The question is…. For the atrial fibrillation group, it’s only covered through special authority. Can we please advise if it’s being considered for PharmaCare coverage?

I got a letter from the CARP group, Geoff Cowan, also from Beverly Baxter, looking for the minister’s comments on funding for seniors when it comes to the high-dose influenza vaccine and also for shingles. If we can understand what the government’s position on that would be.

A lot of work over the last year on Orkambi for cystic fibrosis. Obviously, the minister is fully aware of their ask. It’s such a heart-wrenching story.

I know the minister says frequently that if you support one thing somewhere, then you have to find what you’re not going to do somewhere else. I understand that, and I know the minister is up at night thinking about these things. No one is debating the compassion the minister has or how much this must tear at him and his predecessors. The struggles that these people face, especially when they see Orkambi working in other jurisdictions and it’s not approved here…. They have a legitimate question.

[6:45 p.m.]

Pacific Hep C is another area of concern that I’d like to get some assistance on. So the elimination of hep C in British Columbia. The Hep C Network is asking the minister to commit to the development and implementation of a hep C–specific plan to eliminate the virus by 2030 in British Columbia — and that the plan to eliminate hep C in B.C. include meaningful and robust community roles, both in development and implementation.

We have the ALS group that also came, I think, last week or the week before. A very sad story that we heard from one individual, just representative of many individuals…. Wendy Toyer, the executive director of the ALS Society, is asking for B.C. to participate in the clinical trials. That is something for tomorrow.

The B.C. Schizophrenia Society would basically like their work to be base funding, as opposed to one-time, year-end, maybe funding.

The Canadian Hemochromatosis Society is asking the government to look at this genetic condition. Early intervention would prevent future chronic illnesses. We’re looking at some issues around that. So if the minister can talk about them.

The Alzheimer Society, First Link, again, is looking for base funding.

The MEFM Society would like to understand where they fit in the funding plans for drugs in B.C.

Lastly, the one the minister knows, probably, the most about because he’s lived the longest with it is diabetes — drugs, devices and other topics. In particular, if someone is given a medical device, an infusion pump, should it not also come with the insulin being covered under Fair PharmaCare as well? I want to talk specifically about that.

If we get time in the time we have tomorrow, we’ll canvass B.C. emergency services, the Auditor General’s report and some of her recommendations.

With that, thank you for your indulgence.

Hon. A. Dix: Just for a head start on tomorrow, the answer to the first question is no.

I move that the committee rise and report progress and ask leave to sit again.

Motion approved.

The committee rose at 6:47 p.m.