Fourth Session, 41st Parliament (2019)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Wednesday, May 29, 2019

Afternoon Sitting

Issue No. 265

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

Statements

B. Routley

Introductions by Members

Introduction and First Reading of Bills

P. Milobar

Statements (Standing Order 25B)

J. Routledge

T. Redies

A. Kang

M. Morris

S. Malcolmson

J. Martin

Oral Questions

M. Polak

Hon. J. Horgan

P. Milobar

A. Olsen

Hon. C. Trevena

S. Bond

Hon. J. Sims

J. Thornthwaite

M. de Jong

Hon. J. Horgan

Petitions

C. Oakes

Hon. D. Eby

Reports from Committees

S. Malcolmson

S. Cadieux

R. Chouhan

Motions Without Notice

S. Malcolmson

Standing Order 81.1

Hon. M. Farnworth

M. de Jong

Orders of the Day

Third Reading of Bills

Committee of Supply

Hon. J. Horgan

A. Wilkinson

Reporting of Bills

Committee of Supply

Hon. J. Horgan

A. Wilkinson

A. Weaver

Proceedings in the Douglas Fir Room

Committee of the Whole House

A. Weaver

J. Rustad

Hon. S. Robinson

J. Rustad

Hon. D. Donaldson

Proceedings in the Birch Room

Committee of Supply

Hon. M. Farnworth

M. Morris

E. Foster

D. Clovechok

L. Throness

M. Stilwell

P. Milobar


WEDNESDAY, MAY 29, 2019

The House met at 1:35 p.m.

[Mr. Speaker in the chair.]

Routine Business

Prayers.

Introductions by Members

T. Redies: I have the pleasure of introducing a number of people today. First, I’d like to note that we have ten people — eight grade 11s and two adults, including their teacher, James Johnson — attending from the South Surrey–White Rock Learning Centre. I’d hope the House would make them welcome.

We also have a number of representatives from the credit union industry here in the gallery with us today. I know that on this side of the House, we were delighted to have some excellent meetings with the credit union folks yesterday. Many of us were able to attend an event later in the evening so that we were able to continue the conversations. Of course, for me, it was a bit like old home week. It’s always great to catch up with my old friends and colleagues from the industry.

This is a very important industry, contributing $3 billion annually to our GDP and providing loans to individuals and businesses totalling more than $70 billion. Perhaps even more importantly, the credit unions are the quintessential good corporate citizens, donating millions of dollars annually to support their local communities. If the House will bear with me, I’d like to acknowledge and welcome the following individuals.

From CCEC Credit Union, we have Ross Gentleman. From NPSCU, we have Michael Chilcott. From First West Credit Union, we have Ron Dau, Alicia Peters, Ken Voth and Renee Wasylyk. From Greater Vancouver Community Credit Union, we have Richard Thomas and Balbir Bains. From Westminster Savings, we have Sonia Mior. From Coast Capital Savings, we have Sara Goldvine and Dave Cunningham. From BlueShore Financial, we have Anna Hardy. From Interior Savings, we have Gene Creelman. From Vancity, we have Jonathan Fowlie. From Stabilization Central, we have Doug Evenshen. From Central 1, we have Karen Macdonald and Catherine Wall. And finally, from CCUA, we have Henry Han, Anna Morena and Morgan Paulgaard.

Would the House please join me in welcoming all of these individuals to our House today.

M. Morris: I’m delighted today to have a very valuable member of our constituencies, Shirley’s and mine, down here, representing the Prince George chamber. Todd Corrigall is the CEO. He’s been with us for about the past year and a half — extensive work, right across the country, with various governments and at government levels. Would the House please make him welcome.

Hon. M. Mungall: Zavier is joining me today for two reasons. One, he’d like to introduce the House to his Gumby, which is what we call his grandfather, Roman Matieschyn.

The second reason is that Zavier and I want to thank everybody in this precinct — all of the members here, all of the staff and all of the security throughout the entire building — for being so welcoming for this little guy and for accommodating all of our unique needs that we’ve had over the last two sessions.

[1:40 p.m.]

When people back home ask me how things are going and how it is to bring the baby into the Legislature, I tell them that it wouldn’t be possible for women, no matter where we are and which House in the Commonwealth, if we didn’t have the support of the House and all the people in the buildings where we work. Making workplaces more family friendly makes our workplaces more inclusive. It makes our democracy better, and I’m so glad that I get to go home and tell everybody what a wonderful place this place has been for the last two sessions, and no doubt into the future.

Thank you all very much.

Hon. L. Beare: I had the great fortune this afternoon to run into students from R.C. Garnett Elementary School in Langley. I ran into them in the halls, and they were asking me some wonderfully inquisitive questions. So I brought them into my office this afternoon, and they were able to tour the ministry office and sit in the minister’s chair and take some selfies. I want to wish all the students at R.C. Garnett a very happy tour, and I hope the House, please, makes them feel very welcome today.

L. Throness: We have a special guest on the floor with us today. When the member for Chilliwack-Hope retired in 2011 after almost 16 illustrious years in this place, I had the good fortune to take his place, but I’m not sure that I’ve ever filled his shoes. I’ve found him to be…. In addition to being a friend, he’s an intelligent, capable, principled, knowledgable and, I’m told, well-dressed member. He’s promised not to ask any questions today. Would the House please welcome Barry Penner.

D. Routley: I would like to introduce two guests. One is Joe Yablonski. He moved to Vancouver Island in 1993. He was a CBC TV worker in Winnipeg. He is a veteran of the Royal Canadian Air Force, where he was an electronic firing systems operator.

He is joined by his partner, Joy Dickie. She worked for the federal government in Victoria. She’s from England. She served in the British military as a dental hygienist. She met her husband in Germany and moved to Canada. They both have lost spouses, but they’ve found each other, and they’re here to join us today. Can the House please welcome them.

The next introduction is someone who might…. We just heard young Zavier had something to say here. It’s another voice in the Legislature that was commonly heard echoing through the hallways — and from in here, by the way. I happened to sit in front of that voice. He’s responsible for my hearing loss, not all the crazy punk rock.

This guy is a real hero of mine. We share a last name. We didn’t know we were related until recent years, when one of our relatives found a connection seven generations back. So when people used to ask me in Cowichan Valley, “Are you related to Bill?” I would say: “Well, how do you feel about Bill?” Now, actually, we can proudly say that we are related. I’m proud to be related to my distant cousin Bill Routley, who joins us, former MLA for Cowichan Valley.

Mr. Speaker: I’m not sure it would be appropriate if we allowed you to sit there without you at least talking for one half a minute in your voice. Could you do that for us? Can you say something, in your voice?

Statements

MESSAGE TO MLAs

B. Routley: Well, this is an unexpected opportunity. I’ll take full advantage. I get to say brothers and sisters, and brother to the Speaker, one more time.

I want to say that it was a most enjoyable time working here in the Legislature with many of you. Those of you that are new, I want to congratulate all of you that work on behalf of our constituents throughout British Columbia.

[1:45 p.m.]

I know what you’re doing is honourable work from both sides of the House. So I want you to know that at least one British Columbian actually really appreciates what you do, because I know now what it’s like to sit on both sides of the House. This is a weird experience, but I’m happy to say there’s still jiggery-pokery going on. [Applause.]

Thank you very much. I’m sure I’m out of time.

Mr. Speaker: That was by unanimous leave.

Introductions by Members

T. Wat: June 5 to 11 is B.C. Seniors Week. In the public gallery today, there are over 50 seniors directly from Richmond Chinese Community Society, RCCS, from my beautiful riding of Richmond North Centre. One of the seniors is 95, and one is 90, so you see how senior they are.

RCCS was established in 1989 as a charitable organization. They promote the spirit of community involvement and encourage the Chinese community to participate in various community activities and to also volunteer their time for other Richmond community organizations.

RCCS provides a variety of services and programs to the community and the seniors in Richmond. In 2005, RCCS was awarded the first City of Richmond Community Spirit Award for their outstanding contribution to intercultural diversity in our community.

I would like to take this moment to thank RCCS for your very valuable community services. Particularly, my heartfelt gratitude to the president Linda Li and directors Karen Chow, Thomas Yu, Wendy Yu, Frankie Chan, Mimi Chan, Fasina Low, and others. I’ll also send sincere thanks to all the seniors who have built our province and provided our families the many great opportunities and stability that we enjoy today.

[A language other than English was spoken.]

Please join me in welcoming all the seniors and the RCCS president and directors to our House.

J. Rice: Many members here may remember two weeks ago when we enjoyed a beautiful spread put on by the B.C. Seafood Alliance. It was there that many of us met a young, hip, pretty cool fisherman, fisherwoman, fisher. Side note: fisherwomen prefer to be called fishermen. That is politically correct, just so you know. I have been instructed.

Tiare Boyes is an albacore tuna fisher, which is deemed one of the cleanest fisheries on the planet. Here our North Pacific stocks are in good shape and certified by the Marine Stewardship Council and listed as a best choice by both SeaChoice and the Vancouver Aquarium’s Ocean Wise seafood rating programs. Would the House please make Tiare feel welcome.

P. Milobar: I’d like to introduce two people here today who have been down for the last few days, meeting with our caucus and several other local Indigenous leaders to talk about their project, which is Project Reconciliation. It’s a project that would see Indigenous communities have an equity stake in the Trans Mountain pipeline project. They’re down trying to make sure people are well informed, and I know they hope to have some face-to-face ministerial time before they leave town as well.

Would the House please make welcome D’Arcy Levesque as well as Shane Gottfriedson, who is no stranger to people in this chamber.

J. Yap: First of all, I would like to add my welcome to the 50-plus visitors in the gallery who are members of the Richmond Chinese Community Society here for a special visit to the Legislature.

I would like to welcome to the Legislature three visitors from China from the high-tech sector. With us today are three senior executives: Mr. Yuxie Tian, who has worked as a consultant to Alibaba new retail intelligent building and smart city and is also the CEO of a number of high-tech companies; also Mr. Rongde Lu, CEO of Hash Tech and founder of Contract Venture.

[1:50 p.m.]

Lastly is Ms. Qi Pan, who is the chief operating officer of U-bicycle. Now, if that name sounds familiar, U-bicycle of China is the parent company of the U-bicycle operation that has arrived in British Columbia. All of us who spend time here in Victoria will know the presence of the U-bicycles, which are bicycles for sharing. They’re in good use around the greater Victoria area.

Would the House please join me in offering a great welcome to our visitors from China.

R. Glumac: I would like to introduce two of my constituents, Guy Black and Sonny Son. They’re going to be travelling to Korea on June 17 to pay tribute to British Columbians that died in the Korean War — in particular, three veterans that have no known grave: Donald Hastings, Vince Liska and John Burak. They’re supported in their journey by many people. Many of them are here today. I believe they’re in the House. Maybe they’re above me; I can’t see. I ask the House to make them feel welcome.

Hon. K. Chen: I’m very happy to have the opportunity today to welcome a group of guests from the Canadian Chinese Betterment Association of Canada, including their executive members Julie Chen and Mr. Alan Den, who are here joining us for question period today. They are also here with a group of outstanding young professionals, including four award winners of a scholarship award from their organization. That’s Peggy Hua, Elody Yen, Margaret Zhe and Shan Zhang, who are outstanding young individuals — and all women — who are joining us for question period today and also meeting with members from this House, including the members for Burnaby–Deer Lake and North Vancouver–Lonsdale. I would like to ask the House to make them feel very welcome.

I also want to give a big shout-out to Ms. Julie Chen, who is also passionate about early childhood education.

C. Oakes: Last week I had the privilege of attending two different organizations’ conferences — the British Columbia Chamber Execs is a conference of managers from across the province and then the B.C. Chamber of Commerce, which represents small businesses in every part of the province. They do a fantastic job.

Today in the House we have Val Litwin and Dan Baxter from the B.C. Chamber of Commerce — hot off the press of their policy session. They have fantastic policies. I encourage everyone to please review the manual, because it represents the voices of businesses from across the province.

Hon. A. Dix: I’d like to introduce students from Ms. Lindsay Causey’s class at Stratford Hall school, which is located near Trout Lake in my constituency. The students’ names are Levi Schmitts, Jaden Ahamed, Ania Kasaam, Ming Treblecock and Obie Caldoway. They’re also joined by parents Ana Lin, Chris Caldoway and Hazel Lu. The students have been very involved in something called the 6,000 red poppies event that occurred at Mountain View Cemetery last year, honouring Canadian veterans of World War I.

They will be going with Mr. Guy Black, who the member for Port Moody–Coquitlam introduced. They’ve been working on making 400 handmade Canadian flags and 22 dogwood flowers. Mr. Black will be taking them with him on his trip to Korea at the end of June to place at the graves of Canadian casualties of the Korean War.

I ask everyone to make these amazing students welcome.

M. Hunt: This afternoon there’ll be two classes of young students with us from Surrey Centre School. Ms. Sandhu and 32 of her students will be here. I would like the House to please make them welcome.

J. Tegart: I’m pleased to introduce a constituent of mine from the village of Cache Creek visiting the precinct today. David Dubois has served on municipal council, and he will be enjoying the experience of question period. I ask the House to please make him welcome.

R. Leonard: We come into this House every day, and it’s always an amazing place to come into. For some of the folks that work in this building, it’s not a place they get to come to every day, but they support us to be able to be here.

[1:55 p.m.]

Today, for the first time, my legislative assistant and others’ assistant, Kaylee Szakacs, is here, and she’s really excited. I’m sure we’ll give her a great welcome.

Hon. S. Fraser: I rise on a point of order. I think it’s important that we follow proper procedure here. The member for Nanaimo–North Cowichan recognized our former colleague at an inappropriate time. He should have waited for introduction of Bills. [Laughter.]

Mr. Speaker: Oh, you’re withdrawing?

B. Ma: We have some guests from and with the Korean War Veterans Association of Western Canada. They are joining us today to commemorate the Canadian veterans of the Korean War as well. They are Ms. Yun Ik Schallert Im, Mr. Michael Chang, Ms. Jieun Lee and Ms. Celinda Williams. Would the House please join me in welcoming them to the Legislature.

M. de Jong: Last Monday the Bradner Elementary School hosted the 100th Annual Bradner May Day Parade. Today in the Legislative Assembly we’re joined by 16 grade 5 students from Bradner Elementary. They have their teacher, Mrs. Sandhu, and four adult chaperones joining them. Amongst the student numbers are the world champion maypole dancers of Bradner. I hope the House will make them welcome.

Hon. M. Farnworth: As both sides of the House well know, we are assisted during a session by an amazing internship program that has been a part of this Legislature for many, many years. In fact, some interns have gone on to become members of this House. The government caucus has been well served by a number of interns whom we would like to thank for their exemplary, incredible service this past session.

They are Kenya Rogers, who majored in political science and a minor in Spanish from the University of Victoria; Jess Neilson, who majored in a political science honours and a minor in public administration from the University of Victoria; Kim Chhina, who majored in health sciences from Simon Fraser University; Gagan Lidhran, major in political science with honours, minor in communications from Simon Fraser University; and Ella Champion, who majored in international relations from the University of British Columbia. I would also add that Ella will be fighting forest fires with the B.C. Wildfire Service this summer with the Blackwater unit crew out of Quesnel.

I would like to, on behalf of all members and especially our caucus, thank each and every one of them for the amazing job that they’ve done. I’d ask the House to join me in that welcome.

M. Polak: I know I’m late in adding my voice to this chorus. I had hoped to attend the Korean War veterans event at 11:30. I wasn’t able to just because of some other meetings, but I do need to stand and thank all those who keep the memory of the service and sacrifice of those veterans alive.

My father just turned 90 in March. He’s a veteran of the Korean War. He’s been to this place a number of times to join us. For those veterans of what was the forgotten war, it is so meaningful to them to now, so many years later, have people remembering the efforts that they put to that. I just want them to know how very meaningful it is for those veterans and for their families.

J. Martin: While we’re recognizing and welcoming representatives from the B.C. Chamber of Commerce and some local chambers of commerce, I’d just like to remind everyone in the House that last week the Chilliwack Chamber of Commerce was recognized as the Chamber of the Year. Please give it up for Chilliwack.

[2:00 p.m.]

Introduction and
First Reading of Bills

BILL M224 — GASOLINE AWARENESS
OF STANDARD SURCHARGES AND
EXCISES DISCLOSURE ACT

P. Milobar presented a bill intituled Gasoline Awareness of Standard Surcharges and Excises Disclosure Act.

P. Milobar: As everyone in this room and across the province is aware, gas prices have hit, and could potentially surpass, record highs this summer. Within that increase is a myriad of taxes levied by all three levels of government reaching up to 54 cents per litre in the Lower Mainland. But to many British Columbians, just what those taxes are is not very clear.

This legislation would increase tax awareness to the level of taxation on each litre of gasoline. With the Gasoline Awareness of Standard Surcharges and Excises Disclosure Act, gas stations would be required to post, on each pump, a breakdown of all federal, provincial, municipal and regional taxes applied to each litre of gasoline. This would be similar to a restaurant bill that shows liquor tax, GST and any other fees, or a property tax bill that shows the various levels of taxation within your bill.

This will provide British Columbians with a clear, easy-to-understand breakdown of just what each of their hard-earned dollars goes into when filling their tank. I’m confident, given that all the members of this House are committed to advocating for the consumers of B.C., that all parties in the Legislature will support this measure to increase British Columbians’ awareness and understanding of how they are taxed at the pump.

Mr. Speaker: The question is first reading of the bill.

Motion approved.

P. Milobar: I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill M224, Gasoline Awareness of Standard Surcharges and Excises Disclosure Act, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Statements
(Standing Order 25B)

ROLE OF BEES AND BEE GARDEN PROJECT
AT MOSCROP SECONDARY SCHOOL

J. Routledge: Today is B.C. Bee Day. Bees are a symbol of activity, diligence and constant effort. We revere them, and so we should. Where we see beautiful flowers, bees see pollen, food for their entire community. And bees don’t eat the pollen; they collect it for their hives. They carry it from flower to flower, spreading the pollen that fertilizes the plant, and the plants grow fruit that we eat. In fact, Mr. Speaker, one out of three bites of food we put into our mouths is made possible by bees.

Bees don’t just support their own communities. They support ours, and that’s why we need to support them. Bee health is at serious risk. Their habitat is being destroyed. They’re being killed off by pesticides, parasites and pathogens. They suffer from climate change, monoculture and industrial agriculture. So on B.C. Bee Day, we also celebrate the partnership between the province and B.C. beekeepers to improve agricultural production and monitor and maintain bee health.

Moscrop Secondary school in Burnaby became a bee school last year. They are the first school in greater Vancouver to receive that designation and only the second in the province. To become a bee school, Moscrop created a working group to put together a pollinator action plan and develop a plan for pollinator education and awareness.

Students in the environmental and gardening clubs took steps to make the school more livable for bees. They replaced lawns with gardens of native plants. They planted diverse species so there would be continuous blooms. Ten percent of the garden is arid, because those conditions are best for native bees, and the gardens are pesticide-free. They installed a bee bath station and two mason bee condos.

In conclusion, on B.C. Bee Day, we celebrate bees and our relationship to them because bees matter to everyone.

OLYMPIC QUALIFIER SOFTBALL
TOURNAMENT IN SURREY–WHITE ROCK

T. Redies: This summer my riding of Surrey–White Rock will be hosting the Americas Olympic qualifier for women’s softball. This competition, which will be held at Softball City, will determine two of six berths for the women’s softball tournament at the 2020 Summer Olympics in Tokyo.

Softball is a sport that is well loved in our community. We have hosted many international tournaments, and the community comes out in full force to see the games and support the teams. But this year will be even more exciting as we welcome athletes from all over the Americas who are vying to realize their dream of going to the Olympics.

[2:05 p.m.]

From August 25 to September 1, 16 countries will compete for the two spots. If members are in the South Surrey area during this time, I hope they’ll join me to support these talented women as they compete in our beautiful province.

Of course, we’ll be supporting the home team in their bid to qualify for the 2020 Summer Games in Tokyo. Canada is ranked third in the world for women’s softball behind the U.S. and Japan, so we have a very good chance of seeing young women like White Rock’s own Danielle Lawrie-Locke compete in Tokyo.

It takes a lot of time and passion to make these events happen, and I’d like to recognize Greg Timm, the Canada Cup chair who helped drive Softball City’s successful bid to host the Olympic qualifier. I’d also like to thank general manager Cari Henry, administrator Carla Reid, the staff at Softball City and all the sponsors and volunteers who put extraordinary effort into making sure the events at Softball City go off without a hitch. No doubt they will ensure this year’s event is a complete success.

Finally, I’d like to recognize all the athletes for their dedication and hard work in getting to this important qualifier. Like our Canadian team, each and every one of the players will no doubt represent their countries proudly. We’re looking forward to welcoming you all to our community this summer.

TAEKWONDO TOURNAMENT
AND FESTIVAL IN LANGLEY

A. Kang: Kam-sa-ham-ni-da, hon. Speaker. An-yong has-se-yo.

I had the pleasure of attending the third Korean Consul General’s Cup and Taekwondo Tournament this weekend at the Langley Event Centre. This festival has become one of the largest Taekwondo Tournament events with approximately 2,000 people attending, including 500 participants.

Taekwondo is a sport that was once solely practised in Korea — Seoul-ly — but has since grown to become a world-recognized Olympic sport. Approximately 50 years ago, the Korean government sent taekwondo masters to come to teach taekwondo in Canada. Taekwondo is especially popular in B.C., where there are more than 70 taekwondo clubs and 15,000 people practising the sport.

Taekwondo is one of my favourite martial arts. It has positive effects on the psychological and social development of youth and athletes of all ages. It is so popular that it even has worldwide appeal on many big-screen TVs, starring actors like Jean-Claude Van Damme, Chuck Norris and Jackie Chan.

This event not only promoted taekwondo but also the beauty of the Korean culture. It was an opportunity for the Korean and local communities to come together to not only enjoy watching taekwondo but have fun exploring the various cultural booths. I especially enjoyed watching the story-themed taekwondo demonstration by Chang’s Taekwondo, trying out the various foods such as fried chicken and Korean shaved ice, and watching a K-pop performance by KPK.

I also had the opportunity to try on a hanbok, which is a traditional Korean costume, write their names in Korean calligraphy, try K-beauty and many more activities. This festival was fascinating and impressive because one can experience every aspect of Korea in just one place. I want to specially thank Consul General of the Republic of Korea of Vancouver Byung-won Chung for hosting this event.

Thank you. Kam-sa-ham-ni-da.

HONEY BEES AND MLA’S
EXPERIENCE WITH BEEKEEPING

M. Morris: May 20 was the second annual United Nations World Bee Day, recognizing bees as being key to conserving biodiversity around the world. Today, of course, in B.C. is the Day of the Honeybee. The humble honeybee has been producing honey for at least 150 million years and is one of the most common agricultural pollinators worldwide.

My interest in honeybees began because of pollination concerns around my own garden at home. Little did I know of the magic these amazing insects perform each and every year. My garden has flourished. Fruits and berries are bigger and yes, Mr. Speaker, even Prince George apples seem a little riper — almost Okanagan-like.

My wife, Chris, together with our neighbours, took over the tasks of beekeeping when I entered politics and has embraced all of the aspects of this rewarding activity. Unwrapping the hives in April after a cold and snowy winter, feeding the bees until the first pollen appears in May and watching the colonies explode into action is a wonder of nature.

The queen bee goes into overtime, laying eggs over the summer. Eggs hatch in the larvae within three or four days and are then fed by worker bees for days before emerging as newbies. Worker bees spend their entire few weeks of life gathering pollen and nectar to produce natural honey. They can detect nectar up to two kilometres away.

[2:10 p.m.]

As the colonies expand during early summer, additional boxes — or supers, as we refer to them — are added to the hives to accommodate the honey production. By late August, approximately 100 pounds or more of honey are harvested from each colony.

Because of our extended winters in the central Interior, we also like to leave each colony with at least 100 pounds of honey to help them survive the winter. The bees will cluster together inside the hives, consuming honey and vibrating to generate the heat that will keep them warm throughout the winter. And then, once again, the cycle commences.

OCEANS AND COASTAL PROTECTION

S. Malcolmson: We celebrate oceans and coastal defenders on Ocean Day. Clean coastal waters keep us healthy, generate tens of thousands of B.C. jobs and billions in economic activity, from tourism to film to fisheries.

However, the ocean is taking the brunt of climate change, and oil tanker spills from the Trans Mountain pipeline expansion risk everything. B.C. people are taking action. Coastal restoration and Clayoquot cleanup re­moved over 1.5 million pounds of marine debris from the ocean just last year alone.

Veins of Life and the Dead Boat Society have pulled hundreds of abandoned vessels out onto dry land — just a thousand more to go. Ocean Legacy is turning marine plastics into fuel. And our government is taking action, moving open-net salmon fish farms out of wild salmon migration routes and fighting in court to tighten oil spill response.

This summer I’m travelling the coast to find recycling solutions for abandoned vessels and stop marine plastic pollution. Our first stop will be Nanaimo, June 8. The shoreline cleanup starts at 9:30 at the Lions Pavilion. The Snuneymuxw First Nation, the city of Nanaimo, the Pacific Biological Station and the Port Authority host Ocean Day at Maffeo Sutton Park, at Saysutshun Island and also along Nanaimo’s beautiful waterfront walkway. There will be touch tanks and whale skeletons to see.

Oceans give us life. So do the grassroots coastal defenders.

MAURO RANALLO AND ADVOCACY FOR
MENTAL HEALTH AWARENESS

J. Martin: It is with great pleasure I rise today to recognize an exceptional British Columbian born and raised in the Fraser Valley — in fact, just a couple of kilometres down the road from you, Mr. Speaker.

Mauro Ranallo knew at a very young age what he wanted to do with his life, and that was be behind a microphone entertaining sports fans. As a teenager, he did play-by-play for local hockey and football teams. He also called the in-ring action for wrestling promotions in Calgary and Vancouver. Mauro caught his big break when he became the voice of the Japanese mixed martial arts promotion, PRIDE. Today he is the most recognizable voice in combat sports, providing commentary for the biggest boxing, kick boxing, MMA and professional wrestling events around the world, including the recent Floyd Mayweather–Conor McGregor pay-per-view.

But none of this was supposed to happen. At the age of 19, Mauro was diagnosed with bipolar affective disorder. He has been hospitalized on multiple occasions. Ranallo once said: “I’ve looked at the chandeliers in the hospital and the light fixtures, wondering if it could hold my weight. I know the feeling.”

He was recently the subject of the critically acclaimed Showtime documentary, Bipolar Rock ‘n’ Roller, in which he literally bares his soul. The film chronicles Ranallo’s personal daily struggle and has served to educate countless viewers about the reality of living with bipolar affective disorder. The movie has been described as a tough but necessary look at mental illness.

Mauro is a role model and an inspiration to his huge fan base. He has channelled his fame and name recognition to encourage others to pursue their dreams despite living a with a mental health condition.

May is Mental Health Month, and I’d like to ask the House to join me in recognizing Mauro Ranallo. But rather than the usual, where we all clap for him, Mauro Ranallo has a catch phrase that he always uses at a high point or a knockout in one of his fights. He says: “Mamma mia.” On the count of three, can the House please join me in a tribute to Mauro Ranallo with a “Mamma mia.” One, two, three.

Some Hon. Members: Mamma mia.

J. Martin: Thank you.

[2:15 p.m.]

Oral Questions

GOVERNMENT RESPONSE TO ALLEGATIONS
REGARDING CITIZENS’ SERVICES MINISTER

M. Polak: For two weeks now, the Premier has avoided answering questions about the alleged misconduct of his Minister of Citizens’ Services, and it’s time he addressed them. On March 4, his office was notified of allegations against a member of his cabinet who had previously admitted to similar misconduct.

I’m sure everyone in this House would like to know: what steps did the Premier take to ensure that these serious allegations were investigated?

Hon. J. Horgan: Before we begin question period, I’ll just apologize to members. I know that you’re as crestfallen as I am that my voice is being lost. Not being able to speak is a great, great tragedy for an Irish guy. But I’ll do my level best to carry through the afternoon.

I am well aware of the allegations that the member raises. My chief of staff received a letter from the secretary to cabinet in March. He reviewed the allegations to the extent that he could. We discovered that the person making the allegations was not a government employee but was an employee of the Legislative Assembly.

He then transferred the information to the executive director of the NDP caucus. An appropriate investigation was done at that time. It’s also now known by all members, or should be, that the individual making the allegations was a very short-term employee, was terminated for reasons that can’t be discussed in this House and has been releasing information that may well not be hers to release.

I’m confident, based on the work that my chief of staff did, that any of the substantive allegations that have been made are not founded, and I’m comfortable with where we are on that.

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

M. Polak: Well, the fact of the matter is that while the person making the allegations is not a government employee, the allegations are about the behaviour of a cabinet minister and the behaviour, the conduct, of government employees who work for her — her government staff.

According to the Minister of Citizens’ Services, the Premier’s chief of staff, Geoff Meggs, reviewed the matter.

Would the Premier tell us what instructions he gave to Mr. Meggs in terms of conducting that investigation, and would he table those?

Hon. J. Horgan: There were allegations made that money-for-access or cash-for-access events were being organized. That turned out to be unfounded.

There were allegations that political contributions had been made to the NDP. My chief of staff checked with the provincial office of the NDP and found that the individuals that were allegedly contributors to the NDP were not. At that point, the issue was a human resource issue. It was between the caucus and the individual, and we left it at that and carried on with the business of government.

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

M. Polak: But in fact, the allegations are much broader than that. We’ve had acknowledgment in this House — from the Attorney General, no less — that the appropriate place for these things to be investigated is at the Office of the Information and Privacy Commissioner.

Subsequent to that, the Information and Privacy Commissioner wrote a rather explicit letter outlining his concerns that he was not able to investigate. Certainly, this lands at the Premier’s doorstep. It’s all well and good for the Premier to say: “Trust me. My folks have looked at it. It’s all good.” We don’t have any of that information.

If the Premier was privy to what kind of investigation took place, surely he can provide to us not only the terms of reference for that investigation and any instructions but also what came from that investigation. Where is the report out at the end of it?

Hon. J. Horgan: Well, the reference that the Opposition House Leader makes to the Attorney General’s response was the day that the official opposition made allegations without context about issues that were not at that time known. The Attorney General gave the answer that would have been appropriate. If you have allegations, they can go to this place or that place.

The opposition did none of that. Instead, they continue to come into this House with some trumped-up charges about a human resource matter between a former employee and a Member of the Legislative Assembly.

My chief of staff did what I directed him to do — ensure that there were no cash transfers taking place. There were not. To make sure that this so-called fundraiser that was not about politics whatsoever….

Interjection.

Hon. J. Horgan: The member wants me to answer the question, but she wants to continue to ask questions while I’m endeavouring to do that. I believe….

Interjection.

[2:20 p.m.]

Mr. Speaker: Member.

Hon. J. Horgan: What I said was that a letter came to government, to the assistant cabinet secretary. The assistant cabinet secretary looked at the material and said, “This is clearly not part of cabinet’s operations,” and handed it to the chief of staff. The chief of staff reviewed it. We discussed it. He looked into the allegations of impropriety between a political party and an individual. There were no grounds for that.

The member will also know that legal counsel for the caucus has asked the individual to cease and desist distributing information that she ought not to have in her possession. The allegations have been offered up. They’ve been proven to be unfounded. That’s not good enough for the Opposition House Leader, but apparently she has more questions, so I’ll wait for her to spit them out.

P. Milobar: The changing answers are getting a little hard to keep track of. When we first started down these lines of questions, the Premier said there was no investigation. Today he’s saying that he and his chief of staff discussed the allegations back three months ago. So it was almost exactly….

Interjections.

Mr. Speaker: Members. Members, we shall hear the question. Thank you.

P. Milobar: It’s understandable they’re having a hard time keeping their stories straight on this one.

It was almost exactly a year ago, May 31, 2018, that the Premier said: “We missed the mark, Member. I acknowledge that. And I’m going to do everything I can to make sure it doesn’t happen again.” But a year later, the same minister continues to break FOI rules by actively using iMessage and WhatsApp to communicate with Mindy Bansal and Shannon Russell, her government staff — not her constituency staff, her government staff.

To the Premier, did Geoff Meggs investigate all sent texts and WhatsApp messages of the minister and her government staff?

Hon. J. Horgan: When the letter was received by government, we reviewed the information. We found the allegations to be unfounded, and we carried on.

Now, I appreciate that the official opposition has had a bad patch for at least two years. It may go back a little bit further than that. I can well imagine that if they don’t have anything substantive to say about the economy in British Columbia, which appears to be red hot, and if they have nothing to say about the most ambitious climate action plan in Canada, that’s fine. If they don’t want to talk about the lowest unemployment rate for 18 consecutive months, that’s fine. But to come into this House, day after day, conflating stories by a disgruntled employee that have been unfounded, proven to be unfounded, that, I guess, is their right.

You’ve got about 20 minutes left. Have at it, Member.

Interjections.

Mr. Speaker: Members.

Kamloops–North Thompson on a supplemental.

P. Milobar: The sad reality is we have screen grabs of the WhatsApp conversations with government staff and the minister. Yet when you FOI, nothing comes back. So for the last year that we’ve been FOI’ing from the same minister that had troubles with her record management a year ago…. That means either the minister has done zero work in the last year or is continuing to skirt the rules around FOI.

The Premier doesn’t seem to want to look into this, yet a year ago the Premier promised: “We are going to do better. That’s as simple as that.” Yet it still appears he did nothing when he was told three months ago of allegations against the very member of his cabinet who admitted to misconduct a year ago and has continued on over the last year.

The Information and Privacy Commissioner says he can’t investigate. In fact, he said it’s absurd that the ministers would have to investigate themselves. It’s up to the Premier.

Will the Premier show leadership for once and order a proper investigation into these serious allegations?

Hon. J. Horgan: Again, I appreciate that the Leader of the Opposition and his team don’t have any material to bring to question period beyond the allegations of a disgruntled employee. That’s fine. I appreciate it.

[2:25 p.m.]

We have now some images that were captured by, again, a disgruntled employee, distributed, potentially, illegally. And they bring them to the House today with an expectation that somehow there has been malfeasance. I would remind the members…

Interjections.

Mr. Speaker: Members.

Hon. J. Horgan: …that the number of freedom-of-information requests between 2010 and 2018 has gone up 7,000 — 7,000 more requests today than there were then. Government is diligently working on this. We have had…. After the incident that the member made reference to, we’ve done more training. We’ve ensured that all members of cabinet, all staff understand the rules. I believe we’re back on track.

Again, I remember members on the opposite side deleting documents on their desks and saying: “There, now we don’t have to do any FOI.” That’s the record of the people on the other side. I’ll stand by what we’re doing nine times out of ten.

ROAD CONDITIONS ON
SOUTHERN GULF ISLANDS

A. Olsen: For more than 16 months, I’ve enjoyed….

Interjections.

A. Olsen: It was a dare.

Anyway, I’ve appreciated working with the Minister of Transportation. In many respects, I recognize that she inherited a ministry, a portfolio that was in some serious decay. I know….

Interjections.

A. Olsen: Equal opportunity.

I know the minister prioritizes safety. The residents of the Saanich Peninsula and millions of tourists each year have experienced the Keating overpass. But today I’m going to switch gears a little bit.

I have to ask the minister questions about the roads on the southern Gulf Islands. The conditions of the roads there are steadily deteriorating — hundreds of kilometres of roads, which are little more than paved wagon trails from decades ago and have a lack of road markings. They’re dangerous for pedestrians and cyclists. My constituents have been raising these issues, through my office, with the ministry, going back to previous governments.

My question is to the Minister of Transportation. When will the roads on the southern Gulf Islands be a priority for the provincial government?

Hon. C. Trevena: In light of what the member said, I have appreciated working with him too. He’s been very helpful and a very good advocate for his constituents, who have, like the rest of Vancouver Island, suffered after 16 years of neglect by the previous government. Because of that, there has been a lot of catch-up to do. We are working hard to try and catch up. We are working hard…

Interjections.

Mr. Speaker: Members.

Hon. C. Trevena: …investing in projects for safety. Right across the region, we’re investing. Whether it is working on bus lines, whether it is working on bridges, seismically improving bridges — the Koksilah Bridge, the bridge in Campbell River, resurfacing in Nanaimo — we are checking them off one by one. We’re investing in the area that has been neglected for 16 years, and we’ll continue to so. I look forward to continuing to work with my colleague in the Third Party on the needs of his constituents.

Mr. Speaker: The member for Saanich North and the Islands on a supplemental.

A. Olsen: Unfortunately, through that answer, I still don’t have any indication of when the roads on the southern Gulf Islands are going to be a priority.

We have a situation in my riding where, actually, year-over-year neglect, where work that should be done to improve the conditions of those roads that would actually increase longevity of those roads…. They’re now deteriorating to the point where safety has become an issue.

It’s been raised by constituents to me…. Last summer there were reports that surfaced that substantial investments in road improvements were being made on Gulf Islands — Quadra Island.

My question to the Minister of Transportation: can the minister tell us if those road improvements on Quadra Island are going ahead, and if so, why are they being prioritized over the well-known needs of bigger island populations like the one I represent on Saltspring?

[2:30 p.m.]

Hon. C. Trevena: I’m happy to say that there has been work, widening the shoulder along Heriot Bay Road on Quadra Island. That was done directly after community consultation and will increase safety for all road users. It’s due to be completed in a couple of weeks. I’m happy to sit down with the member to talk about the specific needs in his constituency, and we can make sure that we find the time to do so.

I’m extraordinarily proud of the investment we’ve been making in transportation on the Island and around the province — particularly on the Island — after 16 years of neglect. Not only are we investing in transportation; we’re investing in a transportation strategy to deal with the growing needs of one of the fastest-growing areas of the province. We’re working on a pedestrian traffic study at Cathedral Grove, a popular tourist area. We’re investing more than $40 million in transit in southern Vancouver Island.

I know that the member is also very happy to know that we kept fares on B.C. Ferries frozen for another year, after rolling them back by 15 percent. We brought in the free seniors rates, and we reinstated 2,700 sailings that were cut by that government, when the opposition was in government. I’m very pleased with what we’ve been doing.

GOVERNMENT RESPONSE TO ALLEGATIONS
REGARDING CITIZENS’ SERVICES MINISTER

S. Bond: The Premier and his office received serious allegations about the conduct of a minister of the Crown. Now, the Premier may want to stand in the Legislature today and have a discussion about the employee who had the courage to stand up and bring those allegations forward about where that employee, what jurisdiction…. But of this I am positive: the conduct of a minister of the Crown and how that is managed rests solely with one person, and that is with the Premier of British Columbia.

While the Premier has been hiding and not answering questions, we’ve been treated to an absolutely embarrassing and nonsensical performance by the minister who is facing those allegations every single day. The Premier is well aware of this. We’ve heard a different story, different details and different answers every single day. Frankly, no one on that side has been prepared to describe exactly what happened during a so-called investigation.

It is time for the Premier to stand up today, to do the right thing and order an impartial investigation into the conduct of his minister.

Hon. J. Sims: The opposition has spent two weeks spinning unfounded claims and being reckless and irresponsible. Private, personal information from a constituency office and correspondence has wound up in the media and all over the Internet.

The member for Richmond-Queensborough was forced to apologize for playing into Islamophobic stereotypes for cheap political shots.

The MLA from Langley talked about a terrorist watch list, which is inflammatory. It’s irresponsible, and it also harms private citizens.

While the opposition….

Interjections.

Mr. Speaker: Members. Members, we shall hear the response from the Minister of Citizens’ Services.

Hon. J. Sims: Thank you, Mr. Speaker.

While the opposition focuses on irresponsible gotcha politics, we’re focused on people. I want to remind everyone that we are dealing with a human resources issue out of a constituency office — allegations, unfounded allegations by an employee who was in that office for six weeks.

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

[2:35 p.m.]

S. Bond: Well, if this Premier has so much confidence that this minister has followed the rules, then he should have absolutely not one moment of hesitation in calling an independent investigation and making sure that’s accurate. There is absolutely no one in British Columbia….

Interjections.

Mr. Speaker: Members. Members, we shall hear the question. Thank you.

S. Bond: There is absolutely no one in British Columbia, including the Privacy Commissioner, who thinks it is appropriate for this minister to investigate herself and stand up and say: “I’m beyond reproach.” Not acceptable. In fact, let’s look at what the Attorney General said. That was the day that we learned that he knew absolutely nothing about what he was talking about when it came to the role of the Privacy Commissioner.

Here’s what the Privacy Commissioner said. He called it “patently absurd” that he could not investigate this minister.

It’s time for the Premier to stand up in this House, do the right thing and allow the Privacy Commissioner — who, apparently, the Attorney General thinks is exactly the right person to do the investigation….

It is time for the Premier to stand up, do the right thing and ask the Privacy Commissioner to investigate the Minister of Citizens’ Services.

Hon. J. Sims: While the opposition continues to spend their time spreading unfounded claims, doing irreparable damage to private citizens, we’re focused on making life better for British Columbians. The opposition has spent two weeks…

Interjections.

Mr. Speaker: Members.

Hon. J. Sims: …talking up unfounded claims, allegations made by an employee in my constituency office who was there for six weeks. We have outlined the false allegations, and the opposition keeps repeating them. There is no credibility to them.

Their claim that visa applicants were on a watch list turns out to be fabricated. There was never any information to suggest that. Their so-called cash-for-access….

Interjections.

Mr. Speaker: Members. Members, we shall hear the response. Thank you.

Hon. J. Sims: Their so-called cash-for-access turned out to be a charity event for a children’s hospital. They made false claims about invoices — once again, no foundation. The registrar of lobbyists said the claims were not true, and — wait for it, Mr. Speaker; wait for it — even the Information…

Interjections.

Mr. Speaker: Members.

Hon. J. Sims: …and Privacy Commissioner said: “No evidence has been provided of an issue on freedom-of-information rules.”

Mr. Speaker, the other side continues to spin the allegations made by a disgruntled employee.

J. Thornthwaite: This issue is about FOIs. We have FOI’d and got absolutely nothing back from this minister. The fact is that, according to the Information and Privacy Commissioner, “the person responsible is the minister herself, which means she is investigating herself, and I think that the members of the public would agree this is absolutely absurd.”

Will the Premier, then, end this absolutely absurd situation and order an independent investigation into that minister’s conduct?

Hon. J. Sims: I’ve been very clear. I do not use WhatsApp for government business. There is a distinction between government and non-government work. These claims are unfounded. The facts are being presented — that there is no credibility to them.

On this side of the House….

Interjections.

Mr. Speaker: Members.

[2:40 p.m.]

Hon. J. Sims: On this side of the House, we’re very proud of the work we’ve done on record management. We have implemented Bill 6. Last month B.C. became the first province in Canada to legislate government’s obligation to create adequate records of key decisions under the IMA. These changes respond directly to recommendations made….

Interjections.

Mr. Speaker: Members.

Hon. J. Sims: They ask, and then they don’t want to listen.

Interjections.

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

Hon. J. Sims: These changes respond directly to the recommendations that came from the former B.C. Information and Privacy Commissioners David Loukidelis and Elizabeth Denham. Loukidelis said B.C.’s new approach will meet or exceed requirements to document government decisions in other jurisdictions around the world.

Mr. Loukidelis stated: “The directive and guidelines are consistent with best practices internationally and domestically…the directive and guidelines will result in a leading-edge framework for the documentation of government decisions that meets or exceeds requirements in other jurisdictions around the world.”

Interjections.

Mr. Speaker: Members.

M. de Jong: You know, listening to the minister’s nonsense and ever-changing story, I can’t say that I blame the Premier for not wanting to get up and defend her. It is difficult to defend the indefensible.

The Premier’s office gets notice of serious allegations of misconduct by a minister in his cabinet, allegations that include misconduct for behaviour that the minister herself confessed to one year ago, along with some other very serious allegations.

Well, the Premier apparently thinks this is all insignificant. He also apparently thinks that, confronted by those allegations, it is appropriate and sufficient to go to his political chief of staff at some point and say: “Geoff, anything here? No? That’s good enough for me.”

That’s an interesting standard in investigative excellence that I don’t recall the now Premier deploying when he was the Leader of the Opposition.

Interjections.

Mr. Speaker: Members.

M. de Jong: We have received additional information from the former employee that directly contradicts virtually everything the Minister of Citizens’ Services has said.

Will the Premier do the right, responsible thing, exercise the leadership that he should and initiate a truly independent, impartial investigation? Or, and I suppose we’ll do this in any event, we’ll simply forward along this material to the head of criminal justice branch and to the RCMP, and they can conduct their investigation.

Hon. J. Horgan: I just want to correct the record. I said there were 7,000 more FOIs in the seven years between 2011 and 2017. It’s only been 5,000, so I stand corrected on that.

With respect to the allegations made by the hon. former Attorney General, a QC, if he believes that there’s something inappropriate here, he knows what to do about that. I did what I was obliged to do. I looked at the information. I….

Interjections.

Hon. J. Horgan: Well, do you want to hear it?

I looked at the information. The questions with respect to political parties receiving funds for access were investigated.

Interjection.

[2:45 p.m.]

Hon. J. Horgan: You can do that by googling it, hon. Member, but I know you don’t use computers, so maybe one of your friends could help you google it. Just go to Elections B.C. You plug in the name, and you’ll find that no one can give more than $1,200, not the $12,000 or $100,000 they used to give to the B.C. Liberals. You can do that if you want.

The so-called cash-for-access was a charity fundraiser.

Interjections.

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

Hon. J. Horgan: A charity fundraiser. Only the B.C. Liberals could say: “What a scandal. The Minister of Citizens’ Services is helping raise money for Children’s Hospital.” I’m outraged.

[End of question period.]

Petitions

C. Oakes: I rise to present a petition signed by 37 residents of Cariboo North. The undersigned formally request a reappraisal of the AR-1 interconnector route plan in Quesnel and ask for further consideration of an alternate bypass option.

Hon. D. Eby: I rise to present a petition: 18,417 names signing the Howe Sound declaration opposing the Woodfibre LNG project.

Reports from Committees

HUMAN RIGHTS COMMISSIONER
APPOINTMENT COMMITTEE

S. Malcolmson: I have the honour to present the report of the Special Committee to Appoint a Human Rights Commissioner.

I move that the report be taken as read and received.

Motion approved.

S. Malcolmson: I ask leave of the House to move a motion to adopt the report.

Leave granted.

Mr. Speaker: Please proceed.

S. Malcolmson: I move that the report be adopted, and in doing so, I will outline how we got here.

Last fall the Legislative Assembly adopted amendments to the human rights code, which established the Human Rights Commissioner as a new independent officer of this Legislature. This committee was then appointed to select and unanimously recommended a Human Rights Commissioner.

The committee advertised widely and received 50 applications. This report describes the committee’s process and constitutes our unanimous recommendation to appoint Kasari Govender as B.C.’s Human Rights Commissioner. [Applause.]

Ms. Govender has an extensive background defending human rights. Committee members were impressed by her work with diverse communities, her commitment to Indigenous reconciliation and defending women’s rights. Combined with her collaborative leadership style and her strengths as an administrative manager, Ms. Govender has the skills, experience and qualities required to establish and carry out the mandate of this new independent office.

Finally, I extend my sincere appreciation to the committee members for their diligent work on this appointment process: the Deputy Chair, the member for Surrey South; the member for Shuswap; and the member for Burnaby-Edmonds, who has worked over a decade to get us to this day. Thank you all.

S. Cadieux: I, too, would like to make just a few comments as the Deputy Chair of the committee.

Ms. Govender is an exceptional candidate who brings a wealth of experience to this independent office. She exemplifies leadership, collaboration and openness, qualities that I believe will serve her very well in the role. She has in-depth experience in human rights, constitutional and administrative law. Personally, I will say that I’ve admired her work over many years with West Coast LEAF, where she has earned recognition, I believe, as a leading voice for gender equity.

I would extend the opposition’s thanks to the staff of the committee, who, as always, provided excellent service to the committee in support of the process.

On behalf of the Official Opposition, I welcome Ms. Govender to this new and very important role.

[2:50 p.m.]

R. Chouhan: I am so proud and honoured to participate in this historic moment announcing the appointment of a human rights commissioner after many years. B.C. was the only province that did not have a human rights commissioner for 16 years, but last year, as the committee Chair has said, the committee was appointed. We looked at more than 50 applications, and we were so impressed with Kasari Govender’s credentials. I’m so proud, so honoured to say that she will do a wonderful job.

I also want to say thank you to the committee members, the member for Shuswap and the member for Surrey South, for their friendship and their understanding to work on such a wonderful project to make sure that we have the right person.

We were all very impressed with the experience, the credentials Ms. Govender had. We are looking forward to working with her to make sure that British Columbia becomes a wonderful place, an inclusive place for everybody here in British Columbia.

Mr. Speaker: Members, the question is the adoption of the report.

Motion approved.

S. Malcolmson: I ask leave of the House to move a motion appointing Kasari Govender as Human Rights Commissioner for the province of British Columbia.

Leave granted.

Motions Without Notice

APPOINTMENT OF
HUMAN RIGHTS COMMISSIONER

S. Malcolmson: I move:

[That Kasari Govender be appointed as an Officer of the Legislature, to exercise the powers and duties assigned to the Human Rights Commissioner, pursuant to s. 47.01 of the Human Rights Code (RSBC 1996, Chapter 210), for a term of five years commencing on September 3, 2019.]

Motion approved.

[Applause.]

Standing Order 81.1

SCHEDULE FOR DEBATE
ON BILL 15

Hon. M. Farnworth: I move:

[Pursuant to Standing Order 81.1 (2), all remaining proceedings related to Bill (No. 15) intituled Agricultural Land Commission Amendment Act, 2019, including any proposed amendments on notice standing in the Ministers’ names on the Order Paper, shall be completed and disposed of on or before Thursday, May 30, 2019 at 5:00 p.m. At 4:45 p.m. on the date mentioned, the Speaker and the Chair of the Committee of the Whole will forthwith put all necessary questions for the disposal of all remaining stages of the said bill without amendment or debate.

Any divisions called on sections of the said Bill shall be taken in accordance with Practice Recommendation No. 1. Any division called on third reading of the said bill may be taken in accordance with Standing Order 16. Proceedings under this motion shall not be subject to the provisions of Standing Order 81, or the Standing or Sessional Orders relating to times and days of the sittings of the House.]

M. de Jong: I simply want to make this observation. I know the House is going to vote on this. I think this is a misuse of the particular standing order.

Mr. Speaker: Member, it’s not debatable.

M. de Jong: If Mr. Speaker consults the authorities, he will note that there is a procedure associated with the use of this particular standing order, and I don’t believe that procedure has been deployed. If the Speaker is prepared to entertain my submission in that regard, I’m happy to give it. If the Speaker is not prepared to entertain a submission on that procedural point, then I will be obliged to take my seat.

Mr. Speaker: Member, under the standing order, there is no debate. Thank you.

[2:55 p.m. - 3:00 p.m.]

Members, the question is the time allocation on Bill 15, moved by the Government House Leader under standing order 81.1(2).

Motion approved on the following division:

YEAS — 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

NAYS — 41

Cadieux

de Jong

Bond

Polak

Wilkinson

Lee

Stone

Coleman

Wat

Bernier

Thornthwaite

Paton

Ashton

Barnett

Yap

Martin

Davies

Kyllo

Sullivan

Reid

Morris

Stilwell

Ross

Oakes

Johal

Redies

Rustad

Milobar

Sturdy

Clovechok

Shypitka

Hunt

Throness

Tegart

Stewart

Sultan

Gibson

Isaacs

Thomson

Larson

 

Foster

Orders of the Day

Hon. M. Farnworth: I’d be remiss, before members get too far out of the hall…. I’m not wanting to preclude things. I suspect that there will be some votes coming very quickly in this chamber. I’ll do the committees first, so everybody knows what’s going on, and then I’ll come and do the main chamber.

In Committee A, the Douglas Fir Room, it will be committee stage on Bill M206, Residential Tenancy Amendment Act. In Committee C, the Birch Room, it will be the estimates of the Ministry of Public Safety and Solicitor General. In this chamber, it will be third reading on Bill 8, Employment Standards Amendment Act, and then there will be a couple of third readings after that which I will call, as well, just so everybody knows.

So right now in this chamber, it will be Bill 8, third reading, Employment Standards Amendment Act.

[3:05 p.m. - 3:10 p.m.]

Third Reading of Bills

BILL 8 — EMPLOYMENT STANDARDS
AMENDMENT ACT, 2019

Bill 8, Employment Standards Amendment Act, 2019, read a third time and passed unanimously on a division. [See Votes and Proceedings].

Hon. H. Bains: I call third reading of Bill 30.

[3:15 p.m.]

BILL 30 — LABOUR RELATIONS CODE
AMENDMENT ACT, 2019

Bill 30, Labour Relations Code Amendment Act, 2019, read a third time and passed unanimously on a division. [See Votes and Proceedings.]

Hon. M. Farnworth: I call third reading on Bill 28, Zero-Emission Vehicles Act.

BILL 28 — ZERO-EMISSION
VEHICLES ACT

Bill 28, Zero-Emission Vehicles Act, read a third time and passed on division.

Hon. M. Farnworth: In this chamber, I call estimates for the Premier’s office.

[3:20 p.m.]

Committee of Supply

ESTIMATES: OFFICE OF THE PREMIER

The House in Committee of Supply (Section B); R. Chouhan in the chair.

The committee met at 3:22 p.m.

On Vote 11: Office of the Premier, $11,349,000.

Hon. J. Horgan: Joining me for this year’s estimates is my deputy minister, Don Wright; chief of staff, Geoff Meggs; Deputy Minister of Intergovernmental Relations, Bobbi Plecas; and Vanessa Geary, the executive director of operations of strategic initiatives in the Office of the Premier.

This week marks the end of the fourth session of our government sworn in just two years ago. From the first day, we endeavoured to do our level best to make life better for British Columbians. We resolved to ensure that we were working every day to make people’s lives better by reducing costs, providing more services and meeting the objectives that we laid out in the election campaign of 2017.

I believe we’ve been making different choices. I know those contrasts will be made apparent over the next number of hours as the opposition members, the Leader of the Opposition and his team, ask questions not just about the budget that we’ve requested to be approved but a whole host of other issues.

I expect that we’ll talk, for example, about medical services premiums. Medical service premiums — the last province in the country to have them. By January 1 next year, we will be the last province to do away with medical service premiums. I’m very proud of that, putting money directly back into people’s pockets.

We’ve moved on affordable child care, putting money back into families’ pockets, making life, again, more affordable for families struggling in one of the most unaffordable markets in the country — not just in the Lower Mainland and our urban centres but right across the board. We’ve worked to address some inefficiencies in our Crowns. We’ve worked to ensure that our economy continues to prosper.

[3:25 p.m.]

We’ve kept balanced budgets year after year and going forward for the next three years. We’ve put money back into B.C. Ferries to reduce fees for the travelling public and coastal communities and on minor routes. We’ve added 20,000 new affordable housing units since we were sworn in with an objective of getting to 114,000 over the next ten years.

We’ve also been focusing on the economy, making sure that as the economy grows, people benefit from that good fortune we have here in British Columbia. I was very proud to work with my cabinet and the government staff to land the largest private sector investment in Canadian history. In October of last year, LNG Canada made a decision to invest $40 billion in an LNG facility on the north coast, putting people to work, putting dollars in our coffers to go towards the good society that I know that all members in every corner of the House want to see.

The challenges of our British parliamentary system will be laid bare for those who are able to watch today and those who are in the gallery and those who will be reading the transcripts in the future. It is appropriate that we have a back-and-forth about policies and views and perspectives and choices that the different people in this House would want to make.

I am very proud of the work that we’ve done in not yet two years, and I look forward to continued success for the people of British Columbia who all of us serve, regardless of what party we ran with, regardless of what part of the province we live in. All of us want the same thing. We want a better outcome for families, for communities and for our province.

A. Wilkinson: The Premier has outlined his program, and as part of that, he is spending in the range of $60 billion of taxpayers’ money this year. So a few questions arise from that.

The first will be, I hope, a very simple and straightforward question and a straightforward answer. The Premier has announced that projects in this province will be built under community benefits agreements, and there’s been a great deal of advertising in the last 15 months on that very topic.

Can the Premier tell us how much was spent on advertising and communications related to community benefits agreements in the last fiscal year? How much has been spent to date this year? How much is budgeted this year for advertising and communications of the community benefit agreements, the community benefits standards — all the things we hear on the radio and see on line?

Hon. J. Horgan: As the Leader of the Opposition knows, government advertising is the purview of the Minister of Finance. The government policy and communications office is within her administrative responsibility. She’s here with us today and has advised that there were no questions of her at that time on advertising specifically for CBAs, but we’re going to endeavour to get that information for the member as quickly as we can.

A. Wilkinson: We have until tomorrow afternoon to complete this, so one would hope that you’ll be able to collect that information overnight, since it’s a very simple matter and should be available with a single phone call.

Now, yesterday there was a fairly clear exposition in the newspaper about community benefits agreements and their apparent lack of benefits. The quotes that come forward…. I’ll just give the Premier a series of them, and he can confirm or refute them and tell me whether or not they’re correct.

“The New Democrats claimed these community benefits agreements would add only 7 percent to the cost of construction.” True or false?

[3:30 p.m.]

Hon. J. Horgan: I don’t know if this is going to be multiple choice, true or false, all the way through the next number of hours. I will say that if the member wants to explore the benefits of community benefits agreements, I’m happy to do that. He’ll also know, from his time in government, not just as a minister but as a deputy minister, that when you’re trying to build capital projects — whether they be hospitals, highways, schools or bridges — you’re competing, with other players in the marketplace, for skilled workers.

What we have seen over the past 18 months is an extraordinary record of employment. I believe the unemployment rate last month was just a bit above 4 percent. We’ve seen an escalation in costs for all capital projects, not just those that are governed by CBAs. One example I can think of is a project in Terrace. That was not a CBA project, but when bids came in, it was 50 percent over estimates, and we choose not to proceed with the project.

If the member wants to talk about specific projects, I’m happy to do that. If he wants to talk about how overheated the economy is because of the desire of people to come to British Columbia, to put down roots and to make a life for themselves, I think those are some of the challenges we’re seeing when we see escalation in capital costs — again, not just on CBA projects, but on projects in the private sector as well as in the public sector.

A. Wilkinson: Given that that is a complete evasion of the question and the statement that we understand was in the media — that the New Democrats’ plan, the community benefits agreements, would add 7 percent to the cost of construction — we’ll take that answer as either “don’t know” or “that’s wrong.”

The next quote from the article is referring to the Illecillewaet improvements on the Trans-Canada Highway east of Revelstoke. The quote from the article — which is readily available on line; I suspect the Premier has it readily accessible to him: “In calling tenders for the main construction contract on February 11, the B.C. Transportation Ministry estimated the total project cost at $62.9 million, but in announcing the award on May 16, the ministry issued a revised estimate of $85.2 million, an increase of $22.3 million in three months.”

That is a 35 percent increase over the anticipated cost. This is a community benefits agreement project. The learned commentator in the newspaper goes on to point out that all of the factors were predictable in this bid, except for labour costs. It appears that there’s a 35 percent boost in labour costs for this particular project. Is that an accurate statement from Mr. Palmer and the Vancouver Sun?

[3:35 p.m.]

Hon. J. Horgan: The member’s numbers are indeed correct. We were anticipating a lower bid when the tender was issued. Again, I think I’ve given the member, in my earlier answer, a sense of how we got here. It’s a result of higher costs for gravel, higher costs for asphalt. We know that steel tariffs have had a significant impact on our ability to meet costs, and it’s not just on this one CBA project.

I think we’ve seen escalating costs on a whole host of projects, one of which was started by the member for Kamloops–South Thompson at the McKenzie interchange. We’ve seen escalation in capital costs as a result of the hot labour market, an inability to secure labour, and increased costs for inputs that are so critical to roadworks, such as steel, gravel and asphalt.

A. Wilkinson: Well, that answer doesn’t address the issue, because there is no steel in this project. The idea of steel tariffs, which have now been abandoned by the U.S. government, is utterly irrelevant. Perhaps the Premier should take note of that before he answers the next question.

The project, I understand, has been reduced from 2.4 kilometres to two kilometres. At that rate, we’re looking now at $42.6 million per kilometre, or $42,000 per metre. This is a rather costly project, with a 35 percent cost overrun — apparently because it’s under the community benefits agreement.

The Premier is now faced with a choice of saying either that Mr. Palmer has got it right or that he’s got it wrong. Is this cost overrun related substantially to the community benefits agreement or not?

Hon. J. Horgan: I’m saying there are a number of inputs that have seen an escalation in cost, not just for this project, which is a community benefits agreement, but other projects across the province — capital projects of a public nature and capital projects of a private nature. These are challenging times with the hot markets.

Labour is difficult to come by because there has been a decline in skilled workers available to do these projects. That’s the whole point of a community benefits agreement — to make sure that the next generation of skilled workers is getting on-the-job training, practical training, so that we can continue to build this spectacular province. The majority of British Columbians support these initiatives because they know that their neighbours’ children are going to get the skills they need to compete in a very, very tough market.

A. Wilkinson: Given that this is a contract that apparently has been won by Emil Anderson Construction of Kelowna, which is a deeply and widely experienced contractor around the province of British Columbia…. There’s no change in the price of gravel, Premier. There’s no steel involved. Asphalt prices haven’t changed. The only variable is the community benefits agreement.

I’ll ask the Premier once more: is Mr. Palmer wrong that this 35 percent cost overrun is related to community benefits agreements?

Hon. J. Horgan: I disagree with the member’s premise. There has been increased cost in inputs. He knows that. We can have a disagreement on the efficacy of community benefits agreements. The opposition has made it abundantly clear that they prefer to not have people learning how to be better, going forward, by getting the skills they need to compete in a modern economy. That’s fine; acknowledge that. But I believe the member should understand — I’m sure he does — that we are at almost zero unemployment in British Columbia because of the hot market. The private sector is having difficulty — and the public sector is having difficulty — finding skilled workers. We need to focus on that.

That’s why we’ve been investing in advanced education in an unprecedented way. That’s why we believe the community benefits agreements will get people from classrooms to practical applications on worksites. We’re going to continue down that road.

A. Wilkinson: Well, given the cost overrun of $22.3 million on this project, which is 2,000 metres long, that’s about $10,000 a metre in cost overruns. Can the Premier refer to any other project in British Columbia which has had 35 percent cost overruns?

Hon. J. Horgan: I know the member has been to Kamloops. I think he knows this stretch of highway. He knows that it’s a very, very difficult piece of work. I’m advised that there are some 1,300 tonnes of steel on this project. So maybe you could get your facts straight and come back to me with another question.

A. Wilkinson: Well, rather than being combative, we look forward to answers from the Premier. Given that he’s apparently ignored the fact that we’re looking at a $10,000-a-metre overrun on this project, it’s a rather exorbitant number to explain to the voters of British Columbia. Is there any other project that has had this kind of overrun in British Columbia since this government was elected — or, for that matter, ever — a 35 percent cost overrun?

[3:40 p.m.]

Hon. J. Horgan: Well, again, the member two seats down from the Leader of the Opposition knows this community and knows this road and knows this file, and he understands the challenges of this piece of roadwork.

I will say, though, looking for other examples of cost overruns, I’ve come to one in 2009: the roof on B.C. Place, 40 percent over budget; the convention centre, 60 percent over budget; and then I guess one of the best all-time overruns — B.C. Hydro’s northwest transmission line, 82 percent over budget. Those were not community benefits agreements. Those were agreements that were signed by the people on that side of the House.

A. Wilkinson: Perhaps the Premier can explain how this dramatic cost overrun of $10,000 a metre was allowed to happen?

Hon. J. Horgan: Well, certainly we set out to do our level best to keep these costs contained. All governments do that, but as I have said — not yet acknowledged by the opposition leader — we have a very tight labour market. We have input costs that are escalating.

The member’s colleague, the constituency where this work is being done…. Those citizens deserve to have access to safety in their roadways. I know the member would agree with that, and perhaps he might want to pass a note down to the Leader of the Opposition.

We’re setting out to do our level best to make the roadways safe for the travelling public. We’re setting out to make sure that when we do that, we’re training the next generation of workers, often focusing on those that have often been left out of apprenticeship programs — women, visible minorities, Indigenous people. This is a program that’s designed to not just get a better outcome for the travelling public but also to get a better outcome for the people of British Columbia.

A. Wilkinson: At $11,000 a metre, the question obviously arises: how many people will be trained in this program, which is to cover only two kilometres of road with an extra cost of $11,000 per metre? I mean, the distance between me and the Premier is about four metres. That’s about $50,000 just to get from me to you.

Hon. J. Horgan: The member will know that the project has not yet begun. I don’t have apprenticeship numbers at this time. I will certainly endeavour to get them to him over the course of the project.

I want to just reinforce that this is a safety initiative. You’ve got two members from Kamloops sitting right there. They know full well how important this work is. I would expect they would want to get at it as quickly as possible, making sure that we’re putting local people to work and training the children of their neighbours to make sure that they’re ready for the next jobs that come forward.

[3:45 p.m.]

A. Wilkinson: Can the Premier confirm that he’s just told me that he has no idea how many apprentices will be trained for an extra $22 million of provincial money to put together two kilometres of road? No idea?

Hon. J. Horgan: Well, I reject the member’s premise. I did say to him that I would get the job numbers, I would get the apprenticeship number to him. The project was just let. It has not yet begun. That information will become available, and I’ll make it available to him as soon as I have it.

A. Wilkinson: Given the Premier has no idea how many apprentices will be trained for the extra $22 million, we’ll perhaps move on to the “sobering news” as put by the Vancouver Sun:

“The New Democrats are in the design and development phase to four-lane another half-dozen sections of the Trans-Canada Highway.”

The same highway, the same neighbourhood, the same labour pressures.

“Contracts for each would also be subject to community benefits agreements. There’s a budgeted $450 million twinning of a 4.8-kilometre section through Kicking Horse Canyon and $121.4 million for four kilometres of four-laning and a new bridge at Quartz Creek west of Golden. A five-lane replacement for the Rolf Bruhn Bridge near Sicamous is priced at $224.5 million. A further $162.7 million is budgeted for six kilometres of four-lane highway and another new bridge at Salmon Arm.”

There’s also a phase between Salmon Arm and Kamloops at just under $200 million.

To quote the article: “Even without the missing estimate, the total budgeted cost of those six projects approaches $1.2 billion.” Is that correct?

Hon. G. Heyman: I seek leave to make an introduction.

Leave granted.

Introductions by Members

Hon. G. Heyman: I want the members present in the House to recognize 24 grade 5 and 6 students and their teacher, Jessie Claudio, from Vancouver’s Talmud Torah school. They’re joining us in the gallery to observe the Premier’s estimates. Please make them very, very welcome.

Debate Continued

Hon. J. Horgan: I wasn’t clear what the actual question was from the member. I guess we’re going to be chasing our tail for a couple of days here. I do know that the total capital budget approved for the twinning of Highway 1 is $468 million, and we have an overrun on the first component. Again, I think that the public needs to understand that this isn’t the prairie we’re building highway on here. This is the Rocky Mountains. This is difficult terrain. So 20 percent….

Interjection.

[3:50 p.m.]

Hon. J. Horgan: I understand that, so I would think you’d have a more holistic approach to how we’re going to address a challenging piece of roadway.

What we do know is that the Minister of Transportation and the Minister of Finance have put in place a capital budget. We’re doing our level best to meet the needs of the travelling public, improve safety. Those in the area where this project is going to go ahead are looking optimistically at women and Indigenous people getting access to apprenticeships, and I’ll bring that information back to the member when we have it.

A. Wilkinson: Well, given that British Columbia has been paving its roads for over 100 years, that contractors like Emil Anderson are experts in their field — respected around the world — and that the Ministry of Transportation has a very long record of good estimations and good management, the only variable here is the community benefits agreement.

Perhaps I’ll give the Premier the list again: Kicking Horse Canyon improvements, the new bridge at Quartz Creek, the Rolf Bruhn Bridge at Sicamous, the improvements between Salmon Arm and Kamloops — all familiar to anybody who has driven across the Trans-Canada Highway between Kamloops and Golden. The newspaper article by Mr. Palmer says that the estimated cost of those six projects approaches $1.2 billion. I’m hoping that the Premier would tell us that he’s wrong, because the Premier has all the expertise on his side of the table.

Let’s just get this in focus: a $1.2 billion project set, and Mr. Palmer suggests, with a 35 percent cost overrun. We’re looking at $420 million of excess costs with no increase in the federal contribution. This is $420 million of excess costs introduced by this government to keep a few union bosses happy. So can the Premier explain? Is the $1.2 billion number wrong? It came from his ministry. His ministers are sitting right behind him.

Hon. J. Horgan: I appreciate that the member has got more time on his hands, perhaps, than I do, and he can look at Vaughn Palmer, noted engineer and roadbuilder, and extrapolate all he wants. I can tell you what I know. We need to do this roadwork for the safety and the interests of the people — not in a New Democrat constituency, because that’s not what this is about — of Kamloops, the people that travel back and forth between Alberta and British Columbia. It’s important work. We’re going to get to it.

If the member wants to make allegations and extrapolate overruns based on one contract, he’s welcome to do that. If he wants to use a noted columnist as his expert on these matters, he’s welcome to do that. I’ll remind him that this is the Premier’s office estimates, not the Ministry of Highways. The Ministry of Highways, as he has already acknowledged, is filled with outstanding individuals that work every day to make life better for people, make roadways safer for people, and they do it in the most cost-effective way possible.

What we have added, in the interests of the people of B.C., is a program that will train the next generation of workers that were ignored by that government when they had the opportunity, and we are going to stick with it.

A. Wilkinson: Well, the article goes on and quotes the ministry. The Minister of Transportation has staff who provide information to the media. The quote is: “The ministry is revisiting its estimates in light of the $22.3 million surprise on the Illecillewaet contract.” It goes on to point out that the federal contribution is capped. As the article says, “That leaves the province with commitments of about $700 million, not including any overruns,” which, on the same percentage basis would amount to a further $420 million, which would wipe out a hospital contract.

Is it true, Premier, that the people of British Columbia are getting shorter roads for higher cost with extreme cost overruns that will prevent other capital spending because of community benefits agreements?

Hon. J. Horgan: Again, I just reject the extrapolations the member is making. He raised one contract that has recently been let that is a CBA and that is over budget. We’re going to take a look at that. The minister is going to take a look at that and find out why.

[3:55 p.m.]

I’ve raised a couple of ideas that the member has rejected. He believes that there’s no steel in construction. That’s fine, if he wants to carry on that road. What we’re trying to accomplish here — the policy that he objects to — is making sure we can hire people in the communities where they live to do the work that will make their roads safer, their schools better, their hospitals better and, most importantly, make sure that the next generation of workers are red-seal trained to create the B.C. that we all want to see in the future.

I acknowledge that the B.C. Liberal Party does not agree with that, but to sit here and read a columnist’s article back to me…. I’ll get the newspaper in here. I have before me the deputy of the government of British Columbia. If you want to ask about my office and what we’re doing, I’m happy to answer the questions. If you wanted to know about highway construction, the minister for highways’ estimates are over now.

A. Wilkinson: Well that, with all due respect, amounts to just a flagrant evasion of the issue in front of the Premier, when he has the highways minister sitting behind him.

Just a little context. He talks about training. Well, the Hoffman’s Bluff project was done near Chase with 30 percent Aboriginal workforce from the Neskonlith and Adams Lake Bands. That workforce is immediately available for the Illecillewaet project and the bridge at Sicamous.

So the question remains. Apparently, there is no answer as to whether the 35 percent cost overrun is solely because of community benefits agreements, because there is no explanation that is credible, as the newspaper article points out.

We turn then to the next projects: the Pattullo Bridge, currently estimated at $1.377 billion, and the budgeted $2.83 billion expansion of SkyTrain. Together, that’s over $4.2 billion. Perhaps the Premier can comment: is there any limit that he will tolerate on cost overruns because of community benefits agreements? Because 35 percent of that would be $1.4 billion in overruns. Goodbye, Surrey SkyTrain. Goodbye, Richmond Hospital. Goodbye Terrace hospital.

Can the Premier comment: does he have any willingness to cap the costs of community benefits agreements in these projects?

Hon. J. Horgan: Again, I’ve given the member answers with respect to material costs; labour shortages; companies that are running flat-out bidding on projects, but they’re already fully subscribed; risk premiums…. Again, the member will know full well the challenges in a hot economy when you’ve got difficult work to be done. There are going to be challenges meeting budgets. We’re going to do our level best to make sure that we achieve that, but the objectives that we’re setting out to achieve….

I would maybe flip this around. I don’t understand why it is that the B.C. Liberal Party doesn’t want to see more training on our publicly funded projects so we have the skilled workers we need to continue to have the best economy in the country.

A. Wilkinson: Well, thank you, but that ignores the premise of the question I asked last time about the 30 percent Aboriginal workforce on the Hoffman’s Bluff improvement under the B.C. Liberals. The Premier has selectively just ignored that.

Let’s just summarize this article. It talks about a total of estimates that came from the Ministry of Transportation: $5.6 billion of spending, all subject to community benefits agreements. The obvious question for you, Mr. Premier, is: what is your tolerance limit for cost overruns due to community benefits agreements, and will you ever consider abandoning them if we get into the 35 percent of $5.4 billion, which is over $1.8 billion in cost overruns due to CBAs? Will you tolerate that, or do you have a cap?

[4:00 p.m.]

Hon. J. Horgan: Certainly, tolerance for overruns wasn’t an issue with the previous government. I already articulated three projects. Northwest transmission line, 82 percent over budget. We carried on from there to see 60 percent overruns at the convention centre and 40 percent overruns on B.C. Place. So again, pots calling kettles black are oftentimes circuitous arguments.

We are going to do our level best to meet the budgets that we’ve set rigorously through Treasury Board, through the Minister of Finance. And the minister for highways is doing everything she can to ensure that we’re getting bids in, in a way that will allow us to take the best way forward. That is what governments are supposed to do.

I appreciate that in down times, members can extrapolate a total budget and say: “Well, if it’s all 35 percent over budget, this is going to be the final number.” We have one project — one project — that is over budget on the community benefits side. I mentioned one. I could mention others that are not community benefits agreements that are also over budget. In fact, one was cancelled, in Terrace, because it was 50 percent over. That would be my tolerance on projects, broadly speaking.

The CBA target that the independent contractors, the backers of the B.C. Liberals, want to focus on is the issue here. Cost overruns are certainly commonplace to B.C. Liberals. We want to make sure we see as few of those as possible, but what we do want to see is as many local people hired and as many young people getting access to skills training so they can realize their full potential and benefit not just themselves, their families and their communities but all British Columbians.

That’s the policy objective. I don’t know why the B.C. Liberals and their backers don’t embrace that, because they certainly let costs get out of control when they were in power.

A. Wilkinson: Well, the obvious question that arises from that circuitous answer is: is there a cap on this policy? Will the Premier stop any project that hits the 50 percent cost overrun? Is that his tolerance? We’ve got a 35 percent cost overrun that he seems to think is just fine because of the CBAs. If it hits 50 percent on any project, will he kill the project?

Hon. J. Horgan: I reject that the 35 percent overrun at Illecillewaet is exclusively a result of the CBA. I’ve said that from the beginning. The member has not wanted to hear that, so I reject your premise.

What I will say is that although the former government had no problem with massive cost overruns, I do, and we’re going to do our level best to keep these contracts under control. But we need to be mindful. This is not a big problem for other provinces, because they have serious unemployment issues and challenges with their economy. We are going at full speed in this economy. We are having difficulty finding skilled workers. That’s the whole point of a community benefits agreement. Train more people; build B.C.

A. Wilkinson: Is there any cap the Premier is prepared to impose on cost overruns, regardless of the cause? We’ve heard 50 percent was intolerable; 35 percent is okay. Is that the range — somewhere between 35 percent and 50 percent cost overruns — in which the Premier says he’s prepared to say: “No, the people of British Columbia can’t afford this, because we’re going to get fewer projects for more money.” Is that an accurate suggestion?

Hon. J. Horgan: Our commitment is to provide services to British Columbians in a cost-effective manner, and we’ll continue do that. I appreciate that the member didn’t have an opportunity to ask the Minister of Transportation these questions, and I’m delighted to spend some time with him here today. But the difference between the two of us isn’t about the size of our overruns, because yours were massive. The issue is: we believe in investing in people. We believe in making sure that everyone has an opportunity to succeed in British Columbia, and we’re committed to making that happen.

Community benefits agreements are a way for that to go forward. The other side disagrees with that. That is the argument right now. That’s the whole point of this line of questioning. I don’t think the members care a whit about cost overruns, based on their own record. So if he wants to continue down this road, I’m happy to do it, but perhaps there’s some other part of government you want to talk about today.

A. Wilkinson: Well, we’re happy to talk about another project, and that’s, of course, the subject of today’s newspaper column — yet another blunder in the Ministry of Transportation, where the Premier seems to have decided unilaterally to blow apart his Transportation Ministry’s expertise, to ignore his minister and to just unilaterally decide he’s a civil engineer. He has decided the best way to get across the Fraser River.

[4:05 p.m.]

Perhaps the Premier can explain where this impulse came from to decide there should be a parallel tunnel under the Fraser River at the George Massey Tunnel.

Hon. J. Horgan: Again, referring to the venerable engineer from the Vancouver Sun. That impulse, as the member called it, was at an announcement at the Jimmy Pattison centre in Surrey, announcing a new 3T MRI machine, the most high-tech MRI machine in British Columbia, which will reduce wait times for diagnostic procedures and will make sure that our hip-and-knee replacement program, which has reduced wait times as well, will be even better.

In the course of that press conference, a camera person — because networks rarely send reporters these days because they’re so busy — asked me what my views were on the new view of the Mayor’s Council, which was unanimous support for a tunnel. What I said at that time was that this was good news because we had unanimity on a mode of getting to the biggest congestion problem in that part of the Lower Mainland.

I thought that was good news. I celebrated that — that the mayors had come together. I met later in the day with the new mayor of Delta. I’m very excited about his desire to work with his neighbours in Richmond and other parts of the Lower Mainland to get a positive outcome for the travelling public.

I have every confidence in the Minister of Transportation that she will be able to work through all the issues that were left behind by the previous government, which said: “We’re going to build a ten-lane bridge. I don’t care if no one else wants to do that.” We disagreed with that. Now we have consensus. We have near unanimity in the area about building a tunnel.

I celebrated the fact of unanimity. I was not doing engineering decisions. If you want to blow that out of proportion or the Vancouver Sun wants to blow it out of proportion, fill your boots.

A. Wilkinson: Well, we also observed that there’s a $2 million contract out there to study the options. Is that now a nullity, or is the Premier saying he misspoke and should have referred to the engineering study and held his fire and been deferential to the experts in the field so they could come up with some options? Or are they just engaged in a pointless exercise at public expense?

Hon. J. Horgan: I guess the member didn’t hear what I said. I was at a health announcement, and I was asked about the Massey Tunnel and unanimity that now exists about a particular mode to address that congestion. I said that was very good news. I also have every confidence that the Minister of Transportation and her team are going to methodically go through this to get the best outcome for the people of British Columbia.

It’s difficult to understand why the member on the other side would not rejoice in the fact that Delta and Richmond and other mayors and other communities have a common focus. They wrote to us, publicly. They probably sent a copy to you. If you don’t have it, I can send a copy over to you. They’re excited about getting going, so are we, and so is the minister.

A. Wilkinson: The obvious question, Premier, is get going on what? Is the Premier still open to a total replacement tunnel, a deep tunnel, a bridge? Or is this a foregone conclusion now because he’s been influenced by half a dozen mayors?

Hon. J. Horgan: There is no foregone conclusion. The only foregone conclusion is that we’re sitting over here, and they’re sitting over there.

A. Wilkinson: Well, given that vacuous and arrogant answer, perhaps we’ll move to the next question. Is the Premier open to a bridge to replace the Massey Tunnel?

Hon. J. Horgan: The Minister of Transportation is discharging her responsibilities to make sure she canvasses a range of options. The point of my comment was that there was unanimity, and they wanted to talk about tunnels. That was the point.

If I can’t make comments when someone asks me a question, then I’m in the wrong line of business. If the member on the other side is going to take a comment and extrapolate it to me overturning engineering decisions, well, that’s ridiculous. It’s patently ridiculous, and he knows that.

A. Wilkinson: Same question, no answer. Is the Premier still open to having a bridge replace the Massey Tunnel?

[4:10 p.m.]

Hon. J. Horgan: An expert review rejected the ten-lane plan of the B.C. Liberal Party. The member now has the member for Delta South beside him. The mayor of Delta wants to make progress. He wants to see a tunnel proceed, and I said: “That’s great news.” That’s great news because there’s unanimity around the community. If there’s a better idea than that and it will receive unanimity, I’ll accept that as well.

A. Wilkinson: Third time, we’ll try for an answer. Is the Premier open to having a bridge replace the Massey Tunnel or not, given that he has a $2 million study underway to decide that question?

Hon. J. Horgan: I think I just said that I’ll embrace the best idea that’s supported by the people in the community. If they come forward with an idea that is not a ten-lane bridge that would be tolled, which was the plan on the other side, then I’m absolutely prepared to look at that.

The Minister of Highways is responsible for discharging this file, and I have full confidence in her. I made a comment with enthusiasm about diverse people coming together with common purpose. I think that’s a good thing, and I celebrate that.

A. Wilkinson: The most recent remarks from the Premier have been that he’s thought the idea of a twin tunnel was a good one, and now the mayors are saying they want a deep bored tunnel, which is a totally different proposition. Has the Premier come to any conclusions about this before his $2 million engineering study is brought forward, or is that just a complete waste of time?

Hon. J. Horgan: Well, again, if the member on the other side is saying that his solution is a bridge, then he can tell that to the people in the region. What I’m excited about, and I’ve said this a couple of times, is that people are coming together.

The work that the Ministry of Transportation is doing is going to be valuable in getting us to a resolution. But the thing that we need to celebrate, and what I celebrated in a brief, brief comment to a television camera, is that it’s good news that Delta and Richmond leadership want to see something work for everybody. I would’ve thought that the Leader of the Opposition would want everybody on the same page. Apparently not.

A. Wilkinson: I suppose it’s fair to say it’s nice to be on the same page about an answer to the question for the fourth time. Is the Premier open to a bridge to replace the Massey Tunnel? Or is this $2 million engineering study a complete waste of time, because he’s already come to the conclusion that it should be a bored tunnel?

Hon. J. Horgan: Well, I did say that I’m open to the best outcome for the people in the region. If that’s difficult for the member to understand, I don’t know how many different ways I can answer that. I believe there’s a way forward where there’s consensus in the region that will address this difficult congestion point. The minister is working on it. We’re seized of this.

The plan that the Liberals had, which involved no consultation whatsoever, was being dictated to the people of Richmond. There was one area that thought this was a great idea and a whole bunch that said: “Wait a minute. Why are we doing that?”

Now we’re getting consensus. We’re getting people coming together. If the Leader of the Opposition wants to get on board, there’s plenty of room, man. Come on, join us. Let’s all work together on this.

A. Wilkinson: Well, I’m always enthused by offers from the Premier to join him, because it’s in this charade about how to manage construction in this province. I’m sad to say that I won’t be joining him in that.

[4:15 p.m.]

The further part of the charade is this suggestion that there was no consultation on the bridge proposal. The Premier seems to have forgotten that there were 7,000 pages of consultations made available at an office in the Ironwood mall in south Richmond, which outlined the plan for a bridge where the engineering work had all been done, and the tenders were let at $3.5 billion, and the offer came in at $2.6 billion, as noted in the Vancouver Sun this morning and many times over the last three years.

So perhaps the Premier can let us know: is he still open to the idea of this apparently economical bridge proposal rather than the tunnel, or has he closed his mind to the idea of a bridge because of something he blurted out on television yesterday?

Hon. J. Horgan: My mind is always open, and that’s probably why I’m having so much fun. I just want to read a couple of quotes from people that might be familiar to the member. One is a former Liberal candidate. One is also a member, I believe, of the Liberal Party. It doesn’t matter.

Malcolm Brodie said: “The thing is, a new Massey replacement bridge exacerbates the problems. It’s shortsighted. It’s absurd. It goes against 40 years of regional planning focused on confining suburban sprawl and getting people out of cars and onto transit.” He also went on to say: “Under the previous group,” being those on that side of the House, “they made the announcement that there would be a ten-lane bridge, and that was all. That was the end of it.” We tried for — what? — five years to discuss and to have them rethink the options that were available but absolutely to no avail.

Greg Moore: “A ten-lane, auto-oriented bridge is too big in scope.”

So if anyone needs to open their mind, it would be the people on the other side of the House. I want to find resolution to the congestion at Massey. I think all of us want to do that. But the other guys, when they had the opportunity, disregarded 40 years of urban planning, according to the mayor of Richmond, who was re-elected overwhelmingly just last year.

The Chair: Member, just a second.

Users who are using their electronic devices may not be allowed, but we are double-checking that, Premier. In the meantime, just be careful.

A. Wilkinson: Thank you, Mr. Speaker. I’ll do my very best to use paper and my brain rather than electronic devices to address the issues.

So, Premier, we still haven’t had an answer. Greg Moore was the mayor of Port Coquitlam, 50 kilometres away from 87,000 people waiting to get through the tunnel every morning. The people of south Delta and Richmond are begging for an answer, and we’ve had no progress whatsoever after a bridge was cancelled, which would have shown a $900 million discount over the quoted sum in the budget.

So having discarded all that work, having blown off 7,000 pages of consultation, having rejected a bid which would have saved the taxpayers almost $1 billion, having wasted four years of traffic relief for the people south of the Fraser, perhaps the Premier can just answer the simple question: has he ruled out a bridge or not?

Hon. J. Horgan: I don’t have access to an electronic device, but I have a quote that is just waiting to be read into the record. It’s the member for Kamloops–South Thompson, who at the time had just been defeated. He had been, previous to that, the Minister of Transportation. It goes as follows — check me if I misspeak here: “A lesson for me that I really want to apply moving forward is I think we had our elbows up a bit too much with the mayors. I think the tone of the conversation was not always one of partnership and working together.” Imagine that. “There was too much tension, too much political calculation. We need to stop telling local communities and regions what is best for them.” We need to start engaging with them to improve places where they live, work and play.

I could not agree more with the good words of the member for Kamloops–South Thompson. That’s exactly what we’re trying to do, Member: to listen to people, to open our minds to possibilities, to bring people together. And positive outcomes will follow for all British Columbians. That’s what we’re doing on this side of the House. You might be sitting in the wrong place, Member. You should come on over.

A. Wilkinson: Well, these glib sporting analogies still don’t answer the question of whether there should be a bridge, a tunnel or otherwise at the Massey Tunnel crossing, and of course, we’d all like to think the Premier would keep his mind open to the possibilities and look for the best deal for taxpayers, rather than dissipating our income on cost overruns on these Rocky Mountain projects.

[4:20 p.m.]

We have a huge number of bridges in the Lower Mainland, across British Columbia, and very few tunnels. The obvious question is: what’s the enthusiasm for the tunnel apart from the politics of appeasing the mayors?

Hon. J. Horgan: I know we could check the Blues later. I have said my mind is open to the best outcome several times. “Asked and answered” is often, I think, what we say at this point in the deliberations. But I’ll carry on, because it gives me an opportunity to talk a little bit more about what we’re doing now to assist the congestion in the region.

We’re looking to see what the best way forward is. We invite members from all sides of the House to work with us on that. In the meantime, we’re pursuing congestion relief by putting in place traffic networks on both sides of the river. We’re also implementing safety improvements to the tunnel: new lighting, improved drainage, surfacing and other measures.

We’ll continue to work with local communities, listening to what they have to say to improve their communities. They don’t belong to the member for Quilchena. They belong to the people who live there. Why wouldn’t you listen to them? Malcolm Brodie, respected member of the community, longtime mayor of Richmond, is happy that finally someone is listening to the community, not telling the community what they need. That’s what we’re doing on this side of the House.

A. Wilkinson: I’m going to get nowhere on the eighth attempt to ask whether the Premier has ruled out a bridge because he’s simply unwilling to answer the question.

A $2 million engineering study that’s apparently just a complete waste of time. Continuing the pattern of the Ministry of Transportation to politicize every decision at the cost to the taxpayer of massive cost overruns. If the Premier is not prepared to answer the most basic question, perhaps we’ll go back to this issue of apprenticeship training.

New documents came out today, obtained by freedom of information from the Industry Training Authority, showing that 23,172 of the province’s 28,432 registered construction apprentices — that is 81½ percent of B.C.’s construction apprentices — are sponsored by open-shop companies, not unions.

Given that profile, perhaps the Premier can take us back to the Illecillewaet and tell us how these apprentices are all going to be trained on two kilometres of road when actually more than 80 percent of apprentices are trained by non-union work contractors, and the Premier has excluded them entirely from the Illecillewaet project.

Hon. J. Horgan: Again, I don’t want to leave the Leader of the Opposition with the view that my mind’s not open to whatever solution comes forward from the work that’s being done. I don’t know how more simple I can say that.

With respect to the so-called political calculations, I just refer him again to the very able comments of the member for Kamloops–South Thompson, where he said: “We need to stop telling communities and regions what’s best for them. We need to start engaging with them to improve the places where they live.” That’s exactly what we’re doing.

With respect to community benefits agreement projects, anyone can bid on those — union, non-union. It doesn’t matter.

[4:25 p.m.]

The B.C. Infrastructure Benefits is the group that will be the employer. They will be the employer. It takes away the labour risk, to a certain degree, from those who bid on the projects. That’s why we’re so concerned about the Illecillewaet contract, because there are other inputs that have seen that escalation, and I don’t know why the member won’t get his head around that.

The Chair: Before the Chair recognizes the Leader of the Official Opposition, I would like to make it clear that according to Standing Order 17A, electronic devices are allowed to be used here in the House, except for the Speech from the Throne, royal assent, prayers, oral question period, Speaker’s rulings, divisions and at any designated time pursuant to instruction by the Speaker.

For example, they cannot rely on a hand-held device or laptop to access textual information once they have been recognized by the Chair. So prior to being recognized by the Chair, if they have an electronic device in their hand, they can use it.

A. Wilkinson: Well, I’m sure the Premier will accept that reprimand in the best spirit of the House.

But the answer to the previous question is still unknown. Given that 81½ percent of apprentices in British Columbia are trained by non-union contractors, why is there this insistence on having them for two kilometres of road in the middle of the Rogers Pass, when the cost overruns suggest that perhaps the cost of doing that business is too high?

A $22 million cost overrun, $11,000 a metre — perhaps that’s getting a bit too steep for a community benefits agreement. Will the Premier consider opening that tender again for a non-CBA project?

[J. Isaacs in the chair.]

Hon. J. Horgan: I believe the member’s question was whether or not we were going to throw the bids back into the hat, and the answer to that is no. We’ve got an outcome. We’re going to proceed. We’re going to get the work done. I know that the community wants to see that happen, and we’re committed to doing that.

We’re going to make sure, as we go forward, that we address the challenges of other inputs: the cost of construction, the risk factors and the fact that most of the companies in British Columbia are going into overdrive to meet their existing obligations as we increase public funding for other projects — hospitals, schools, roadways, bridges and transit. That’s going to be increasingly challenging, but we’re up to the task.

[4:30 p.m.]

A. Wilkinson: Well, I think that answer invites the obvious question: are we going to be able to afford these hospitals, schools, bridges, when the Premier has decided that there is no apparent limit to cost overruns because of community benefits agreements? That’s the question, Premier. Are you prepared to say that there’s a reasonable limit in the billions where CBAs and the associated costs become intolerable to the taxpayer, and we need to build other projects?

We need to provide those schools in Surrey to replace 300-plus portables. We need to build the hospitals in Richmond and Terrace. Or are those going to be simply discarded because of the need to pay CBA premiums on Rocky Mountain highway projects?

Hon. J. Horgan: Again, the key issue here is that Rocky Mountain highway project was just extremely challenging. Again, the member has acknowledged that, but he doesn’t want to continue that thought forward.

So 80 percent overruns on the northwest transmission line, 60 percent overruns on the convention centre, 40 percent on the roof at B.C. Place — I’m not going to take advice on cost overruns from the Leader of the Opposition.

A. Wilkinson: Well, I’m going to take the Premier back to last year’s estimates. There was a question asked. I’ll ask a very simple question. What level of disclosure is required in the railways, which are federal undertakings under the constitution and not regulated by the province, in terms of disclosure of their cargoes, whether they’re hazardous or crude oil or diluted bitumen or otherwise?

After a lengthy pause and a consultation with his staff, the Premier came back and said: “We just had confirmed by both the Ministers of Environment and Transportation that that information is held by the federal government, and it is not currently shared with the province.” I’m sure the Premier remembers that little encounter, and perhaps he can answer the question. Has he endeavoured to get any more information about oil shipments in British Columbia from the federal government when they occur by rail, and if so, what has he learned?

N. Simons: I just want to introduce the young folks who are leaving the House right now. I think they’re from Surrey Centre, grade 5.

The Chair: Shall leave be granted?

Leave granted.

Introductions by Members

N. Simons: Oh, yeah, apparently I have to have leave.

Welcome to the House. Thanks for coming. Sorry you’re leaving so soon, but the estimates are continuing. This class is a bunch of grade 5s, 31, plus their chaperone. Welcome to the House, and I hope you had a good time.

Debate Continued

Hon. J. Horgan: We did follow up, as you would expect, with the railways. They advised us that it was not within their scope to provide that information to us. That decision is currently before the Environmental Appeal Board. We’re hoping that that will be revisited. But this was….

We wanted this information, as the member would want it. It’s been denied to us by the railways, and we’re appealing that decision.

A. Wilkinson: Just to clarify, then, the province of British Columbia, as represented by the Premier and executive council, has no information on the volume of oil or bitumen or refined products shipped by rail into British Columbia on railways. Is that correct?

[4:35 p.m.]

Hon. J. Horgan: We do have data from Washington state that shows oil-by-rail shipments from B.C. dropped by 64 percent in 2018 compared to 2017. The U.S. Energy Information Administration provides information for oil travelling to the Gulf Coast.

The issue that we were discussing last year was: do railways…? Are they obliged to give us information? They’re not, according to them. We’ve appealed that. There was a stay. We’re anticipating more action to get more information.

I share the member’s concern about this. That U.S. agencies will give us partial information is…. It seems to me outrageous that companies operating in Canada won’t provide that information to the government of British Columbia, but that’s the case at this time.

A. Wilkinson: Well, I think it’s obvious to any of us who ever see the rail lines, either from the air, as I saw them with the Premier last year…. As the Fraser River flooded on June 11 and we travelled by helicopter up the Fraser to Chilliwack, extensive unit trains were travelling underneath us on the eastbound track empty, going back to Alberta to fill up with crude oil and refined fuels.

Those trains travel down the North Thompson River on the CN tracks. They travel on the CP tracks through the Rockies. Those two tracks converge at Kamloops and travel all the way down the Fraser Canyon along the Fraser River, because the right-of-way is immediately next to the Fraser River. These are unit trains of up to 120 cars of gasoline, diesel, crude oil. I assume the Premier is not about to refute that.

That’s background to the Premier’s litigation. Perhaps he’ll remember that one of the staff at the Ministry of Energy, Mr. Michael Rensing, swore an affidavit on January 21, 2019, which was filed in the Queen’s bench court in Calgary, Alberta. At paragraph 22 of that affidavit, Mr. Rensing swears to the truth of the following statement: “Rail shipments currently face backlogs due to capacity constraints.” Apparently, the Minister of Energy does know something about this. “Any reallocation of rail capacity for refined fuel shipments would leave other shipments stranded.”

Perhaps the Premier can clarify: does his Minister of Energy and his able staff, including Mr. Rensing, actually know anything about rail shipments, or are the two ships passing in the night?

[4:40 p.m.]

Hon. J. Horgan: As I understand it, Mr. Rensing, who works in the Ministry of Energy, was testifying with respect to the legislation that the government of Alberta was bringing forward that would shut off refined product coming into British Columbia. His comments about refined capacity within railcars could not be specific because we don’t know what’s in the railcars.

I appreciate the member can count cars. I was in the helicopter seeing the same trains going below. I hear from members of the House on occasion about these issues, and I’m seized of them, but we don’t know what’s in them. That’s the issue. That’s what you raised with me last year, and if that’s the continued line of questioning, we have to stick with the notion that we’re appealing the decision by the rail companies to divulge that information. The court case you’re referring to is separate from the line of questioning, I think, but if you’re going to tie those together, I look forward to it.

A. Wilkinson: Well, the January 21 affidavit of Mr. Rensing states at paragraph 9: “Each day British Columbians consume between 90,000 to 100,000 barrels of gasoline and between 70,000 to 75,000 barrels of diesel.” We assume that’s accurate because it’s a sworn piece of evidence before the Alberta courts.

However, in a subsequent affidavit, dated May 1, 2019, in paragraph 8, Mr. Rensing changes his story and says: “Each day British Columbians consume between 70,000 and 85,000 barrels of gasoline” — a big difference — “and between 55,000 and 70,000 barrels of diesel.” So that ranges from 125,000 to 175,000 barrels.

Which affidavit is correct? Did this government mislead the court?

Hon. J. Horgan: We’ll endeavour to get…. We don’t have those affidavits with us. You didn’t give us an inventory of the questions you were going to canvass here today. We are discussing the budget estimates for the Premier’s office. We’ll await the arrival of those affidavits, and then we’ll be able to answer your question.

In the meantime, hon. Speaker, could I have a comfort break?

The Chair: Absolutely. The House is recessed for ten minutes.

The committee recessed from 4:43 p.m. to 4:52 p.m.

[J. Isaacs in the chair.]

M. Stilwell: I seek leave to make an introduction.

Leave granted.

Introductions by Members

M. Stilwell: I’d just like the House to welcome Mr. Irving’s class from Dover Bay Secondary School in Nanaimo, in my riding. Welcome them here. If you see them in the hallways, you won’t miss them. They’re in the beautiful tie-dyed shirts. They’re actually the band members from Dover, and they’ve been entertaining at various community events. They’ve been today at a seniors home and tomorrow another community event. Would the House please make them all feel very welcome.

Hon. J. Horgan: As a Vancouver Islander, I welcome the musicians from Dover Bay.

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

Motion approved.

The committee rose at 4:53 p.m.

The House resumed; Mr. Speaker in the chair.

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

[4:55 p.m.]

Reporting of Bills

BILL M206 — RESIDENTIAL TENANCY
AMENDMENT ACT, 2019

Bill M206, Residential Tenancy Amendment Act, 2019, reported complete with amendments, to be considered at the next sitting of the House after today.

Hon. J. Darcy: In this House, we call estimates of the Premier, and in the Douglas Fir Room, Section A, we call Committee of the Whole on Bill 22, Forest Amendment Act.

Committee of Supply

ESTIMATES: OFFICE OF THE PREMIER

(continued)

The House in Committee of Supply (Section B); J. Isaacs in the chair.

The committee met at 4:56 p.m.

On Vote 11: Office of the Premier, $11,349,000 (continued).

Hon. J. Horgan: With respect to the question from the opposition leader just prior to our brief recess, he made reference to two affidavits, one from January 21 and one from April 19 of this year, with respect to proceedings in Calgary.

He asked me, I believe, why there was a discrepancy between the affidavits signed by Mr. Rensing in January versus April. I can only say that they were at different times of the year. We haven’t yet got access to the second affidavit. I’m sure the member has a line of questioning he wants to proceed with.

But I know that with absolute certainty, and the member will agree, public officials, when asked to swear evidence, do so with good conscience and with all available facts. These were estimates because we don’t get access to the information that the rail companies use to move products around.

A. Wilkinson: The concern, of course, is this is sworn evidence before the Alberta Court of Queen’s Bench, on which the Premier seeks to have a major decision made on the prospects for supplies of fuel to British Columbia. It’s a very clear statement that each day British Columbians consume between 90,000 and 100,000 barrels of gasoline and between 70,000 and 75,000 barrels of diesel. So it doesn’t seem there’s any ambiguity in that sworn evidence. If it’s an estimate, it should have said so. Otherwise the courts are entitled to reject the evidence in its entirety.

With that in mind, the Premier can look down to paragraph 12(c), which refers to the fact that, according to the affidavit, the Parkland refinery produces 25 percent of British Columbians’ gasoline and diesel in the amounts stated at the top of the page in paragraph 9. The obvious question is: where does the rest of it come from?

[5:00 p.m.]

Hon. J. Horgan: We’re guesstimating, regrettably, Member, because we had not anticipated questions about where our gas comes from. But based on the affidavit and the work that’s been done to date, we assume that 25 percent, as is outlined by Mr. Rensing, of refined gasoline and diesel comes from Parkland, 55 percent from Alberta, about 10 percent from Husky and about 10 percent from Washington state.

A. Wilkinson: Given that that’s the fuel supply of British Columbia, it would seem obvious that a vast amount of that is being shipped from Alberta as refined product by rail. There’s no suggestion that the Premier knows otherwise. We see these massive unit trains of 100-plus cars carrying that fuel to British Columbia. Is the Premier aware of any other route for those 100-car trains full of gasoline, diesel and crude other than down the Fraser Canyon?

Hon. J. Horgan: The member will know that refined product comes to the Lower Mainland through railcars, by sea, by tanker truck, by pipeline. The issue, I believe, when we started this line of questioning was: what’s in the rail cars? That is an issue that we continue to be perplexed by, as he is. We are not given that information by the rail companies.

If you’re going down another line, you’ll have to clarify it for me. I thought the question initially was: how much crude, how much refined product, how much diluted bitumen is coming in railcars? We can’t answer that question.

[5:05 p.m.]

A. Wilkinson: I’ll turn the Premier to paragraph 25 of the same affidavit dated January of 2019. It starts by saying that gasoline supplies can be exhausted quickly. For example, in July of 2018, anti-pipeline activists staged a protest which disrupted the passage of oil in fuel tankers under the Second Narrows Bridge, in Vancouver. Representatives of the Parkland refinery advised me that the protesters were preventing shipments of gasoline to Vancouver Island.

How does gasoline get to Vancouver Island?

Hon. J. Horgan: As I had expected, most of it comes by barge. Again, had the Leader of the Opposition had this level of interest, certainly, the Minister of Energy would have been a better place to get that detailed information.

A. Wilkinson: Well, thank you, Mr. Premier. Of course, the presence of the Minister of Environment here just moments ago would suggest that he would have been the one knowledgable in this, given that it’s a core area of interest to him.

Since we have the answer that it comes on barges, the obvious question is: how much? And what environmental protection is available for those barges? Are they escorted by tugs? Are they surrounded by berms? Are they in any way protected from the kind of damage that can occur to barges which are dragged behind tugs passively and occasionally sink or smash into the rocks?

The route of passage would obviously be across the Strait of Georgia into Nanaimo Harbour, which is no small navigation task, or through Active Pass, where the ferries go, which is an extraordinarily difficult navigation task.

Given these difficult routes, what protections are currently imposed upon those barges by the province of British Columbia or any other authority?

Hon. J. Horgan: I’m advised that Transport Canada regulates the traffic through the Salish Sea on to Vancouver Island. I don’t know where the member is going. I can speculate, but one of the reasons that we are concerned about the movement of products — diluted bitumen, refined products, crude oil in and about a marine environment — is that we don’t have the jurisdiction over that.

That’s why we’ve made the reference case. Perhaps that’s where we’re going with the next question.

A. Wilkinson: Well, rather than anticipating my next question, it would be helpful to get some answers. Apparently, it’s abundantly clear the Premier hasn’t got a clue how much oil comes down the Fraser Canyon by rail. The Premier hasn’t got a clue how much comes to Vancouver Island.

[5:10 p.m.]

The Premier hasn’t the faintest idea what kinds of protections there are for the vessels or requirements for the vessels carrying fuel to Vancouver Island in the face of a potential catastrophe — in case one of those fuel barges, which we see regularly around the cruise ships in Vancouver, comes to grief on the rocks of British Columbia.

Now, given that the Premier has been very enthusiastic about coastal protection, protecting our coast, it’s somewhat alarming to us in this House that he hasn’t got the foggiest idea how the current protections function and if there are any at all.

Perhaps he can get to the question of: what protections does the Premier understand would be provided by the government of Canada, in the event that the Trans Mountain expansion goes ahead, so those fuel barges will finally have some degree of security of transit?

Hon. J. Horgan: The federal government is currently deliberating over whether or not the Trans Mountain pipeline will be expanded. I have said from the day I was sworn in that it’s our obligation to make sure that federal responsibility in this area is lived up to. The ocean protection plan was the federal government’s attempt to pacify those who were concerned about the transportation of diluted bitumen and other products through our marine environment.

Again, it sounds like the member’s on my side. That’s good to know.

A. Wilkinson: We’re all on the side, I’m sure, of making sure that our coastline remains protected, and it certainly would be helpful to have $1½ billion of federal money to help that happen.

I think the Premier probably acknowledges there is not the slightest shred of protection from the daily traffic of very large crude carriers through the Strait of Juan de Fuca, from Alaska to Anacortes, Washington, which has been going on for 45 years. This Premier has not provided any suggestion of protection from Canadian fuel barges through Active Pass, Canadian fuel barges into Departure Bay, Canadian fuel barges to Swartz Bay or American tankers in the Strait of Juan de Fuca.

Unless the Premier’s got some way of refuting that proposition, we’ll assume there is no protection whatsoever for existing traffic of petroleum products through British Columbia waters, and we can turn to a further page in the affidavit.

Oh, perhaps the Premier is learning something off the device in his hand, so I’ll allow him to answer that question as to whether there is any protection whatsoever.

Hon. J. Horgan: I see that the Leader of the Opposition is working on his interpersonal skills during this exchange of ideas.

Look, he made an incorrect statement right off the top, that the $1.5 billion ocean protection plan was all about British Columbia. We have three oceans in Canada, hon. Member. You probably are aware of that, and the money’s being distributed to all coasts over a ten-year period.

We’re working as hard as we can to address the shortcomings, but if the member is going to make the statement that for 40 years, nothing’s been done, I recall him being in power for 16 of that time and doing nothing himself.

A. Wilkinson: Well, I see we’re degenerating into argumentative answers now. Perhaps the Premier would care to address the question: is there any protection at all for these fuel barges travelling through rocky passageways to Vancouver Island? Is there any protection at all from tankers travelling through the Strait of Juan de Fuca?

Hon. J. Horgan: When I was Leader of the Opposition, I went to Bella Bella when the Nathan E. Stewart hit the rocks and diesel spilled out onto the clam beds of the Háiɫzaqv people. It was that vivid image that made me commit myself to ensuring that if there was an increase in traffic in British Columbia, we had every protection available to us. That’s why we’re expanding our ability to have jurisdiction in this area by making a reference to the Supreme Court.

I would have thought, because there seems to be a new-found interest in marine protection on the other side, that after 16 years of indifference, they would join with us. That doesn’t seem to be the case today.

A. Wilkinson: Well, the Premier makes an important point that his challenge is only to expanded traffic.

I’m asking, Premier, about existing traffic: the 100,000 barrels of day that comes by rail down the Fraser Canyon, the unknown amount of refined fuel that travels by barges to Vancouver Island, the massive traffic that travels to Anacortes, Washington. Between Anacortes, Birch Bay and Ferndale, they refine 600,000 barrels a day.

The obvious question that the Premier seems to not want to answer: is there any protection in British Columbia at this point from those large crude carriers and from those fuel barges?

Hon. J. Horgan: The west coast marine rescue corporation is active now protecting our coast. As I said, I was in Heiltsuk territory, in Bella Bella, when the Nathan E. Stewart ran aground. The big concern on the Central Coast was that it took so long for a response to come from Prince Rupert or from Port Hardy.

[5:15 p.m.]

Since that time, the federal government has recognized its jurisdiction in this area — again, someone who was in charge of intergovernmental relations for a time would have known that — and they’re putting more resources in the Central Coast to protect these vital areas. And we need to do more.

One of the fundamental questions that we’ve put to the Appeal Court and are taking to the Supreme Court is expanding the jurisdiction in British Columbia so that we can put in place the programs and policies that will protect not just our marine environment but our natural environment as well — the Fraser Canyon and other parts of British Columbia.

I appreciate that the member wants to somehow say that this problem arrived on the 18th of July, 2017. That’s not the case. But I can assure him that since the 18th of July, 2017, we have done everything we can to make sure that we can assert our authority and jurisdiction.

The response from the Leader of the Opposition was: “Go to Alberta, and say you’re sorry.” That’s not a solution to the challenges we face. Working aggressively to make sure we have the jurisdiction and the ability to protect our coast is what we should do, and that’s exactly what we are doing.

A. Wilkinson: Speaking of saying sorry, perhaps the Premier would like to apologize for doing absolutely nothing about protecting the Fraser Canyon, which is provincial jurisdiction, from any kind of fuel spill, because it’s abundantly clear there is no protection whatsoever. And the Premier’s efforts to obstruct pipeline construction mean we’ll see more and more and more rail traffic down the Fraser Canyon with no protection plan whatsoever.

Let’s turn to paragraph 30 of the Rensing affidavit. Perhaps the Premier would care to pay attention and read it, so I’ll take a moment while he consults with his staff.

M. Stilwell: I seek leave to make an introduction.

Leave granted.

Introductions by Members

M. Stilwell: Joining us in the House this afternoon is part 2 of Dover Bay Secondary school — Mr. Irving’s class, the band members who are down here in Victoria performing at various community events. I ask the House to please make them feel welcome.

Debate Continued

Hon. J. Horgan: Again, the member is a member of the bar. He will understand that our reference question was not confined exclusively to the pipeline. It was, in fact, any transportation of deleterious substances — products that would have an adverse effect on our natural environment — whether by rail, whether by barge or whether by tanker. We were endeavouring to get the jurisdiction to put in place safeguards, ensuring that we could get information from rail companies, which the member now knows is currently before the Environmental Appeal Board.

We’re doing everything we can, leaving no stone unturned, to ensure that we have the ability to protect our natural environment. Again, I don’t recall this level of intensity between 2001 and 2017.

[5:20 p.m.]

A. Wilkinson: I’ll take the Premier to paragraph 30 of the Rensing affidavit — once again, sworn evidence in the Alberta Court of Queen’s Bench. “All other sources of refined fuels available to British Columbians are more expensive than shipments through the Trans Mountain pipeline. Any reduction in supply of refined fuels will increase prices.” Is that true?

Hon. J. Horgan: Yes.

A. Wilkinson: I’ll take the Premier to a list of the reasons that he gave for increases in gasoline prices in British Columbia recently. This was a daily shift. It started with: “We need more refineries in British Columbia.” It then shifted to: “Refinery maintenance is to blame.” It then changed to: “The provincial government is investigating gouging.” The next day, it became: “The federal consumer protection agency needs to intervene.” A couple of days later, it was, “We need more refineries in Alberta” — apparently a shift in priorities. Then it became: “We need more refineries in Washington state.”

The Premier then shifted his line of argument to a different point — “Refinery margins are too high” — and started blaming the oil companies. Then he said, in a rather rash statement, that pipelines have nothing to do with gas prices, when his sworn evidence in the Alberta Court of Queen’s Bench is exactly to the opposite. Then there was a final desperate attempt where the Premier said that the federal government must increase the flow of refined fuel through the existing pipeline to reduce gas prices, until it was pointed out by the experts that that is utterly irrelevant, because the owner of the pipeline does not determine what goes into it.

So the Premier has now turned to the B.C. Utilities Commission in a rather desperate attempt to find an explanation for gas prices. We know they’re to report out on August 30, when the Premier is hoping the summer travel season will have resulted in a peak in gas prices.

Can the Premier simply answer the question: why is the scope of the Utilities Commission so restricted that it’s not allowed to ask about provincial enactments or policy on gasoline and diesel fuel prices in British Columbia?

Hon. J. Horgan: The issues before the travelling public right now, a significant increase in the price per litre of fuel, are known to all British Columbians who drive a car. The statement in paragraph 3 here says: “Any reduction in supply of refined fuels will increase prices.” I’ve been saying from the beginning that this is a supply-and-demand question. More refined product will reduce prices. There’s no inconsistency there. It’s exactly what was sworn in this affidavit. If we don’t have enough refined product, the price goes up.

What we need to do is get to the bottom of how we saw a 40-cent-a-litre increase over a short period of time when the tax increase in that period of time was 1 cent through the carbon pricing regime that we were following through on, which was put in place by the former government.

I don’t understand where you’re going with this. If we don’t have enough gasoline, the price will go up. We need more of it. The current batching in the Trans Mountain pipeline has seen a decline in refined product and an increase in diluted bitumen. The last time I checked, diluted bitumen didn’t make our cars go.

A. Wilkinson: If the goal is to provide price moderation for British Columbians at the gas pumps, and the Premier’s just said that we need more supply, how does he propose to get it here without a pipeline?

[5:25 p.m.]

Hon. J. Horgan: The wholesale price for gasoline, which does not include taxes — retail sales, carbon taxes, that sort of thing — has historically been…. The differential between Edmonton and Vancouver has been about 2½ to 4 cents. Now that’s risen to 24 cents. So I believe — and I’m surprised the member doesn’t agree — that there’s a legitimate public policy question to be asked, and the best way to do that is to be able to compel testimony, which is something that the B.C. Utilities Commission can do and he and I cannot, to determine why it is that there’s this significant disparity between the price at the pumps in Edmonton and the price at the pumps in Vancouver.

If the transportation costs have gone up that much, I’d like to know why and how. The historic average differential is no longer in place, and that’s a legitimate question for us to ask.

A. Wilkinson: Well, that answer had nothing to do whatsoever with the question, which was…. The Premier just said that to reduce fuel costs, we’ll need more supply. Other than through a pipeline, how does the Premier propose to get that increased supply from the oil fields of Alberta or North Dakota or Texas or Alaska to British Columbia?

Hon. J. Horgan: Again, I’ve raised this with the member in this House several times. The volumes of refined products in the existing pipeline have been going down, and the amount of diluted bitumen in the pipeline has been going up. That has constrained access to supply and pushed up prices. Those are choices that are being made in Alberta. They’re not being made in British Columbia.

The challenge we have is…. I appreciate that the member is getting to the point of embracing the Trans Mountain pipeline, because he wants to see more pipelines into the Lower Mainland. The only problem with that, hon. Member, is the National Energy Board has made it abundantly clear that that pipeline will be filled with diluted bitumen, not refined products.

A. Wilkinson: Once again the Premier entirely avoids the question of how we’re going to get increased supply of fuel to British Columbians. Either he doesn’t have an answer or he doesn’t like the answer.

Perhaps it’s found in this briefing note from the Ministry of Energy dated May 10, 2018, which says that 21 percent of our fuel is produced at the Parkland refinery; about 61 percent comes from Alberta; 7 percent is ethanol produced in a variety of jurisdictions and shipped to British Columbia by rail, which again would be totally destructive to our animal population if it spilled; and 3 percent is imported from California in the summer to meet the clean gasoline regulation. Interestingly, in 2017, the source was Texas, while in other years it may have been Washington or any other jurisdiction that ships fuel by water.

So the Ministry of Energy is apparently telling us that this excess fuel demand is satisfied by shipping it in by sea. Perhaps the Premier is not aware of what’s happening in his own Ministry of Energy, but it seems his policies are actually increasing marine traffic when we’re trying to avoid that.

[R. Chouhan in the chair.]

Perhaps the Premier can come back to answer the question. If it’s not coming through the pipeline, how is it getting to British Columbia consumers?

Hon. J. Horgan: Again, I’ll try and say this so the member can understand it. There is less refined product coming in now because it’s being displaced by diluted bitumen. This is not a policy choice being made by the people of British Columbia. This is a choice being made by providers in Alberta. The notion that refined products moving by sea is something that’s happening now…. We’ve canvassed this. The ocean protection plan may well be able to assist us in that regard. There’s a company in place — I don’t have that in front of me; where did it go? — that’s working on that to protect our marine environment as it stands now.

The issue is supply. The member is acknowledging that. The challenge is that the existing infrastructure is not bringing refined product. It’s not even bringing sufficient light crude to have Parkland at full capacity.

[5:30 p.m.]

I would prefer to see refined product travelling through the Salish Sea than diluted bitumen any day of the week, because you can clean up refined product. We don’t know if you can clean up diluted bitumen.

A. Wilkinson: Well, if the Premier has ever seen a fuel spill on the ocean, he’ll know that oil, gasoline and diesel kill everything they touch on the surface layer. So the obvious question to the Premier is: if our excess demand is being satisfied by shipments from Texas by sea, why isn’t the Premier trying to sort out our needs through improved pipeline deliveries?

Hon. J. Horgan: We’re doing just that. I spoke with the Prime Minister, the owner of the pipeline, and we’re working on other mechanisms to batch more refined product and reduce the amount of diluted bitumen. These issues are taking more time than I would like and, certainly, the travelling public would like. But we need to be abundantly clear: twinning of the Trans Mountain pipeline does not increase, in and of itself, refined product. It’s right there in black and white in the National Energy Board reports.

A. Wilkinson: Well, the Premier will recall that the day after he mentioned that he’d talked to the Prime Minister about increasing fuel deliveries through the Trans Mountain pipeline, that was sneered at in the energy press, because they know perfectly well that the owner of the pipeline has nothing to do with the product that’s shipped through it. The Premier is barking up a dead tree to make a political point, and still we have the highest fuel prices in North America, and still we have the highest fuel taxes in North America.

Let’s go back to that briefing note, May 10, 2018, from the Ministry of Energy. It says on page 29, at paragraph 2.1.7, that there are additional costs associated with compliance with the low-carbon fuel requirements. Can the Premier tell us what the price premium is in British Columbia to satisfy the low-carbon fuel requirements that demand that all ethanol traffic come by rail?

Hon. J. Horgan: The low-carbon fuel standard probably increases the cost of a litre of fuel by about a penny. It was a proposal brought in by the former government, one that I support. It will lead to reductions in our greenhouse gas emissions, which is a policy that I believe all members of the House support.

A. Wilkinson: Further down that same page under “Factors that affect retail margins,” the statement is made by the Ministry of Energy experts saying that evidence does not suggest that consumers in regulated markets face lower gasoline prices than consumers in non-regulated markets.

Given the expertise in his ministry, is it safe to say that the Premier has abandoned the idea of trying to regulate gasoline markets, as is done in Atlantic Canada?

Hon. J. Horgan: Some of the Atlantic provinces do regulate prices. They set a floor for a period of time. I looked at that many years ago. I felt that at the time of increases in gas prices, that might be a viable way to proceed. The work that’s been done by my deputy minister demonstrated that that did not answer the question of why there was a 39-cents-a litre increase over a short period of time. We’re trying to find ways to increase the amount of refined product coming here. There are a number of plans underway. Hopefully, I’ll be able to talk to you about it in more detail later.

[5:35 p.m.]

A. Wilkinson: Once again, that same Ministry of Energy note states at the bottom: “There is no sign that there are non-competitive or unfair business practices leading to the higher margins.” Is that true, or is the Minister of Energy wrong?

Hon. J. Horgan: That note was prepared a year ago. That note did not take into account an extraordinary increase that the member has acknowledged and that we’ve all acknowledged. A 40-cent-a-litre increase has to come for some reason. We want to find out what that reason is.

A. Wilkinson: Is the Premier aware that in Washington state, there’s roughly a 20 percent margin over other American states in the cost of fuel at the pump?

Hon. J. Horgan: I’m aware that refined products on the west coast are more expensive than in other jurisdictions, in many cases as a result of low-carbon fuel standards, certainly in California. I don’t know the differentials. What I’ve been focused on is the differential between Alberta and Vancouver, which is more appropriate, I think, at this time, as we talk about a Canadian issue that I believe requires national attention. That’s why I spoke to the Prime Minister, and he was receptive to the idea.

This is a crisis we’re in. The member has acknowledged that in his line of questioning. I believe we need to find a way forward. The best course of action, it seems to me, in the short term, is to find out why there’s such a massive disparity between the two jurisdictions, why we had a significant increase.

Some members on that side want to talk about taxation. Most of the taxes that are in place were put in place by the former government.

A. Wilkinson: Let’s go back to the note. Keeping in mind that the Premier said that there is a one-cent margin for the low-carbon fuel standard, that doesn’t explain gas prices in California, any more than it does here.

The note says: “A similar situation in the U.S. west coast seems to point to some growing supply constraints in a region with an expanding population and demand.” Quite clearly, we have a supply problem. The Premier has acknowledged that. The Premier said half an hour ago that if we can just get more supply of fuel to British Columbia, it will moderate prices. It says so in his own ministry note. It’s common sense. It applies to the United States as much as it applies here.

The question comes back to the Premier. Apart from the Trans Mountain pipeline, how does he propose to get more fuel to British Columbians to moderate prices?

Hon. J. Horgan: Well, the member has just answered: the initiatives that I’ve undertaken. I want to see more refined products in the Trans Mountain pipeline. The twinning of the Trans Mountain pipeline will not lead to more refined product coming into the Lower Mainland. The member for Skeena spoke about that, and about the impacts of diluted bitumen in the marine environment.

We need more refined product. The best way to get it here is through the Trans Mountain pipeline. That’s why I talked to the owner and said: “How can we work to figure this out?” We have some plans underway. I’m not in a position to discuss them with you today, but I’m hopeful that we can have some success in the short term.

A. Wilkinson: Another statement: “Because our current pipeline infrastructure fails to meet domestic demand, B.C. must pay a premium to import refined fuel from the United States. In turn, this increases the price B.C. must pay for refined fuel from Alberta.” All of this seems to boil down to the need for an enlarged Trans Mountain pipeline to supply the necessary demand in British Columbia. Does the Premier agree?

Hon. J. Horgan: No, I don’t.

A. Wilkinson: The next statement: “Twinning the Trans Mountain pipeline could increase the capacity of the existing pipeline to ship refined products or light crude oil to be refined in B.C. to help meet domestic demand.” Does the Premier agree?

Hon. J. Horgan: There’s no guarantee that the twinning of a pipeline to move diluted bitumen would take any pressure off the existing pipeline.

A. Wilkinson: Well, the Premier seems to be very confident that the people of British Columbia can be gouged at the pumps for years to come because he has written off the concept of increased capacity through the Trans Mountain pipeline. Where he gets this certainty of opinion baffles most of us, but certainly the people of British Columbia going to the gas station know exactly why they have a problem. There’s a lack of supply and high taxes. The Premier has clearly made it his decision to refuse to increase the supply capacity to British Columbia through a modernized pipeline. Secondly, he has refused to reduce taxes under any circumstances because of his argument that it would just be soaked up by the oil companies.

[5:40 p.m.]

We’re left with the consumers at the pumps paying the ever-increasing price of gasoline, and the Premier has dismissed the two obvious arguments that are made manifest in the evidence of his own officials in the courtroom of Calgary and in his own briefing notes. We have a major supply constraint issue, which would be relieved by an expanded pipeline. We’ve heard the Premier say: “Oh no, no, no. It will be filled up with diluted bitumen.” Well, he seems to forget that it’s a twinning of the pipeline, and clearing out the primary pipeline would create a modernized, high-flow pipeline that would reduce fuel prices in British Columbia.

Is the Premier going to persist in this dogmatic approach that British Columbians are going to have to get their fuel by railcar, buy it at a premium from Washington state, or have it shipped in by barge from Texas? Is that the Premier’s answer to supply constraints in British Columbia?

Hon. J. Horgan: Again, I’ve said to the member several times now that I’m working closely with the federal government, the owner of the pipeline. I’m meeting Premier Kenney shortly to discuss the challenges that we see in the Lower Mainland when it comes to supply. I just do not accept the argument that he’s trying to make that somehow gas prices are going to go down tomorrow. There is no twin pipeline. The federal government hasn’t made a decision on whether they’re going to twin the pipeline. That decision is pending.

For today, the immediate concern for the people, the travelling public, in the Lower Mainland, is how did we get here? How did we go 40 cents a litre almost overnight? We’re going to try and get that answer from the Utilities Commission. In the meantime, we’re working as hard as we can to increase volumes through the pipe by reducing the amount of diluted bitumen coming through.

A. Wilkinson: So that makes it clear that the Premier is going to do absolutely nothing this summer to assist British Columbians at the gas pumps. He has said that the issue is supply constraint. The only way to get that supply into British Columbia is barges from Texas, trucks from Washington or railcars down the Fraser Canyon. This is the concept of responsible public policy in the province of British Columbia, to give people a break at the pumps.

The obvious alternative is to give people a break on the motor fuel tax. So perhaps we can get the Premier to rule out right now any attempt to improve supply or any attempt to reduce taxes.

Hon. J. Horgan: The Muse, Stancil report that was done by the National Energy Board says the following: “Muse has been advised by Trans Mountain to assume that refined product shipments are approximately 50,000 barrels a day and that refined product shipments will not increase as a result of the Trans Mountain expansion project.”

This is not me saying that. This is not the Ministry of Energy saying that. This is not anyone other than those that were giving advice to the National Energy Board.

The member seems to think that if we acquiesce to his notion that diluted bitumen coming into the Lower Mainland and a sevenfold increase in diluted bitumen tanker traffic going through the Salish Sea and up the Strait of Juan de Fuca will reduce gas prices tomorrow…. That’s not going to happen. What we need to do is get more product here today, and we’re going to do our level best to make that happen. That’s why I’m talking to the owner of the pipeline. I’m going to be meeting with the Premier of Alberta shortly, and we’re going to do our level best to bring prices down in the short term.

As a policy question, we’re going to ask the refiners: why is it that the margins went from 2½ cents to 24 cents? Why did it go up 40 cents a litre when the commodity price stayed exactly the same?

A. Wilkinson: Clearly, the problem in the short term is to get an increased supply of fuel to British Columbia, and the Premier has no plan whatsoever to do that, so the rest of us can just rot at the gas pumps. In the longer term, the obvious solution that the Premier alludes to is to increase the capacity of the Trans Mountain pipeline to ship refined product or crude for refineries in British Columbia.

The Premier is nodding. So why is it we’re not looking for an expanded Trans Mountain pipeline rather than no pipeline at all?

Hon. J. Horgan: I think I just read, maybe…. I’m not well today — I’ve got a cold, a head cold — but I’m pretty sure I just read expert testimony that said there will not be an increase in refined products as a result of the twinning of the Trans Mountain pipeline. Again, not me saying that. Expert testimony to the National Energy Board.

A. Wilkinson: Well, given that Trans Mountain was completed in 1953 when our population was 1.2 million, and it’s now five million and growing, surely this Premier should be going to the federal government and saying, “You’re going to have to increase the capacity of the refined products pipeline and the crude pipeline,” begging them to give some relief to British Columbia consumers. Instead, this Premier is doing his level best to block the whole project. And who is going to pay the price for years to come? The British Columbia motorist.

[5:45 p.m.]

Premier, is there any reason why you wouldn’t go to the owner of the pipeline, the federal government, and ask them to increase the size of the pipe for a renewed Trans Mountain pipeline for the five million people of British Columbia?

Hon. J. Horgan: I think I just said that I’m working with the federal government to get more refined product into the Lower Mainland now — now, today. Not two years from now or three years from now when the pipeline is finished. Right now.

The chief economist for the NEB recently said that the pipeline expansion could actually raise gas prices. We were reading newspaper articles earlier on. You were reading from the noted columnist of the Vancouver Sun. This is what used to be the referred to as the national newspaper, the Globe and Mail. The chief economist for the NEB says: “No decrease in costs of refined product if we’re just putting diluted bitumen in the pipe.”

That’s where we’re at right now. The federal government has not made a determination on the expansion. I’m working on how we get answers to the problems that we see before us. That means, in my opinion, getting compelling testimony from the people who provide the products — and explain to us why you’re putting more diluted bitumen in and less refined product.

At the same time, we’re working on other measures that I hope to have answers to in a short period of time.

A. Wilkinson: Premier, will there be any increase in supply of refined products or crude oil to British Columbia, to the Parkland and Husky refineries, in the short term to give us any price relief? Because all you’ve described is hopes and dreams.

Hon. J. Horgan: I believe I’ve been saying that from the start of this line of questioning. I’ve talked to the owner of the pipeline, the federal government. I’m working with the Utilities Commission to try and get answers from the refiners as to why it is that they’ve reduced their shipments to the Lower Mainland when they know they have a market, a viable market, and they’re doing very well by it by constraining that supply.

I’m doing my best to solve the problems today. The Leader of the Opposition and the B.C. Liberal Party want to twin the Trans Mountain pipeline on the hope that somehow there will be more refined product coming forward. Yet piece of evidence after piece of evidence described to us today in this House, from the chief economist on the NEB as well as the Muse, Stancil report that was the definitive piece on the NEB process, says: not going to happen.

A. Wilkinson: Is it accurate to state, Premier, that in the past three months, your attempts to increase the supply of fuel and drive down the cost of gasoline in British Columbia have accomplished absolutely nothing?

Hon. J. Horgan: Well, let me just take a look at what the Leader of the Liberal Party has done in the time that I’ve had the opportunity to try and effect change.

Firstly and foremostly, to protect and defend our coast, we’ve put a reference case to the Appeal Court. We’re going on to the Supreme Court. The Liberals objected to that.

When the former government of Alberta and the current government of Alberta passed legislation threatening to cut off the supply entirely, we took that to court. The Leader of the Opposition said, “Don’t do that. Just go and say you’re sorry,” and all of a sudden something is going to change.

Their solutions to the increase in cost were to slash the taxes that they put in place, which was called, by economists at UBC, ridiculous.

I appreciate that the B.C. Liberals are trying to catch this tiger by the tail. The public understands that the challenges in the marketplace when it comes to refined products that move our cars back and forward are a result of a lack of supply. We are doing our level best to get more supply into the Lower Mainland now, this summer, so we can reduce costs for consumers.

At the same time, we’re asking the Utilities Commission, an independent body with subpoena powers — they can compel witnesses — to explain to the public how it is that this happened. Everybody knows that the carbon tax went up one cent a litre this year — one cent. Where did the other 39 cents go? Not into the pockets of British Columbians. They came out of pockets of British Columbians, and they want to know where it’s going.

[5:50 p.m.]

A. Wilkinson: The upshot of all of this is that motorists can expect no relief whatsoever in the next three months until his famous report from the Utilities Commission, just like they’ve had no relief whatsoever in the last three months because the Premier has utterly failed to negotiate any increased supply to British Columbians. Is that correct?

Hon. J. Horgan: No, it’s not correct. I’m going to be meeting with the Prime Minister next week. I’ll be with him, as well, in Europe, commemorating the courageous efforts of Canadians on D-Day, 75 years ago this June 6. We’ll have ample opportunity to talk about these issues.

The Prime Minister acknowledges that this is a crisis in the Lower Mainland. He knows British Columbia well. He’s the owner of the pipeline. I’ll be meeting with the Premier of Alberta, not once but twice in the next number of weeks, and we’re going to be talking about these issues, I’m sure. He has a point of view. I have a point of view. I’m going to be defending the interests of our coast. I’m going to be doing my level best to get more refined products into British Columbia now so we can relieve these costs for the transportation public.

A. Wilkinson: Well, the Premier sadly suggests that the Prime Minister owns the pipeline. Unfortunately, 36 million of us own the pipeline. We don’t want it. We don’t know how to operate it. We don’t know how to build one. That only happened because of the Premier’s obstructive efforts, which forced the federal government to purchase the pipeline to avoid a commercial disaster.

We have concluded today that the Premier has no plan whatsoever to reliably increase the supply of fuel to British Columbia. We have fuel coming in from Texas by barge. We have thousands of railcars bringing crude oil and refined products down the Fraser Canyon, at vast risk to British Columbia’s natural environment. The Premier has done absolutely nothing that serves to change that.

We also noticed that the Premier said that he is engaged in litigation to try and fix the situation. Well, the Premier got thrown out of the Alberta Court of Queen’s Bench on his ear for a poorly prepared application designed to protect British Columbia’s fuel supply — a huge embarrassment in January of this year. We then faced a 5-0 loss in the British Columbia Court of Appeal last week, so the Premier’s litigation strategy seems to be a bit of a flop.

The question remains: can we look forward to any relief in the next three months from the highest gasoline prices in North America, or do we just have to suck it up until the Premier’s Utilities Commission report comes back with some vague hope of change?

Hon. J. Horgan: Well, I’m going to reject a whole bunch of that. First of all, the federal government is a big government, filled with people who make decisions. They chose to purchase the Trans Mountain pipeline. We were issuing permits as they were requested by Trans Mountain. We were not obstructing in any way.

We entered into existing court cases with the Tsleil-Waututh and others in the federal court. You will know that that decision came out in favour of the Tsleil-Waututh, and that led to further consultation — not yet concluded effectively, as far as I’m aware — as well as an expansion of the views of the NEB to include the marine environment. This was not part and parcel of the first review by the NEB, which was, of course, deferred. The former government deferred all responsibility for this to the federal government at that time, with the equivalency agreement that was in place.

Again, we got here not by my actions but by the actions of a whole bunch of people who were committed to protecting and defending our coast. When it comes to Bill 12, it’s interesting that the Leader of the Opposition will quote from affidavits from that court case and declare that they are certain and true, but somehow it’s a fiasco because the court said, “Well, they haven’t enacted the legislation yet, so you’re premature.” That’s what they said. That’s why we’re back in court on that.

Mr. Kenney — when I spoke with him, the Premier of Alberta — said they had no intention at this time of implementing that act, but they did enact it. We are in court, and we’ll be talking about that as well, not just in the courts in Alberta, but also at the Western Premiers Conference and again at the Council of the Federation.

It’s all well and good for the member to say that Canada bought a pipeline because of British Columbia’s actions. That’s just not the case. We were issuing permits, as we were obliged to do. We entered into existing litigation, and we took steps to protect and defend our coast that the member is saying we should have done, apparently, 16 years ago. He said nothing happened for 40 years, but the vast majority of that time, they were in power. So I don’t know how that becomes my problem and the problem of this government.

A. Wilkinson: What has the cost been for the well-qualified lawyers to engage in this futile and unproductive litigation strategy that resulted in the dismissal of the claim in Calgary and a 5-0 loss in the Court of Appeal?

[5:55 p.m.]

Hon. J. Horgan: As a former Attorney General, albeit for a short period of time, he will know that legal costs are not disclosed in the middle of a proceeding. The vast majority of the work, I will say, was done by in-house counsel, very capable counsel, and we’re confident that the prices are well within what would be reasonable.

There were, of course, other instances where governments of British Columbia have fought with citizens — not with other jurisdictions, but with citizens. I think of the B.C. Teachers Federation or the Hospital Employees Union, whose contracts were ripped up and then put back in place by the Supreme Court. The class-size and class composition language was rejected by the Court of Appeal here, and it took 22 minutes — about as long as it would take to watch a sitcom — for the Supreme Court to throw the province of B.C. out of the courtroom and say the teachers were correct.

So I think we’re on a good track here, and it’s not breaking the bank.

A. Wilkinson: Well, Mr. Arvay left the Attorney General’s Ministry 25 years ago and has been in private practice ever since then. Perhaps the Premier can explain why he is reluctant to disclose the legal costs of Mr. Arvay. There’s no good reason why he should not.

Hon. J. Horgan: I’m advised that it’s not the practice, and he’s not finished.

A. Wilkinson: Well, every competent lawyer I know in the private sector bills monthly. I’m sure the Premier has paid a lot of those bills, and I’m sure, as the client, he knows he can waive privilege and disclose those costs at any time. So is there some reason why the Premier…?

Interjections.

A. Wilkinson: Is there any particular reason why the Premier doesn’t want the public to know the cost of Mr. Arvay today?

Hon. J. Horgan: Again, I recall that the member, when he was defending the egregious advertising budgets of the former government, wouldn’t disclose those, and they were part of his ministry responsibility. He said, “Well, you’ll see it in the public accounts,” which will be the answer I’ll give with respect to Mr. Arvay’s legal fees. All of that is disclosed. It’s not hidden from the public, and it will be made available in July or August, when the public accounts come forward.

But the notion of waiving privilege is an interesting one. One of the big challenges we’ve seen in British Columbia over the past number of years is the increase in the amount of money laundering in our economy — not a victimless crime, as we all know; in fact, quite the contrary. It has distorted our real estate market. It has led to a whole host of grief for the people of British Columbia.

We asked the former government to waive privilege on what they did to address money laundering, and the response back was: “No, no chance. We’re not going to do that.” So I don’t know. If the member wants to talk about waiving privilege, he should maybe lead by example.

A. Wilkinson: The Premier should know full well that we’ve consulted the Attorney General to find out which documents would be involved in waiving privilege. While we’re at it, perhaps the Premier would assure the public that the two Premiers who were forced to resign in the 1990s over gaming issues and the Nanaimo Commonwealth Holding Society conviction also generated some privileged documents. Will the Premier agree to disclosing those as part of the investigation into gaming, money laundering and criminal activity involved in gaming?

Hon. J. Horgan: A stretch, hon. Speaker, if ever there was one. We got to the 1990s, and it’s just six o’clock. In fact, we got to the 1970s, because that’s how far back the Nanaimo Commonwealth Holding Society so-called scandal went. There was, I recall, a public inquiry into that, but the former government shut it down.

A. Wilkinson: Given that $4½ million was taken out of the hands of a charity by the NDP and not a penny has ever been paid back, will the Premier waive any and all cabinet privilege over documents related to the Nanaimo Commonwealth Holding Society, the resignation of Premier Harcourt or the resignation of Premier Clark, yes or no?

Hon. J. Horgan: No.

A. Wilkinson: The summary of our gasoline prices issue was put out beautifully in the Vancouver Sun April 24: “Horgan Points Fingers, but Not at Himself, for High Gas Prices.”

The Chair: No names, Member. No names.

A. Wilkinson: The Premier points fingers, but not at himself, for high gas prices. “Much as the Premier is loath to admit it, the New Democrats are doing their part to drive up the price of gasoline.” Does the Premier accept that proposition?

Hon. J. Horgan: I’ve just been handed a note with respect to cabinet confidences, and they’re automatically waived after 15 years. So the documents the member is looking for, if he’s really looking for them, are readily available.

[6:00 p.m.]

The period in question, when money laundering went out of control in British Columbia, was on his watch and the members’ on that side. So I would suggest that, rather than wait 15 years, they might do the people of British Columbia a favour.

I would also say that the Vancouver Sun has done very well today. It seems to be the journal of record for the Leader of the Opposition. He reads from it chapter and verse, headline to byline.

Again, what we’ve been trying to do is address a fundamental public policy question. What the people on the other side of the House have been trying to do is bring politics into the equation. No one believes that government policy has led to a 39-cent-a-litre increase in gasoline. Nobody believes that.

The taxation that now is a critical problem for the B.C. Liberals was largely put in place by the B.C. Liberals. So the challenge we have is that the travelling public — at the core of these issues — the people of British Columbia are in distress because of high gas prices. They don’t believe it’s my fault. They don’t believe it’s his fault. They want to find answers.

That’s what the Utilities Commission is doing. At the same time, they want government to do what it can to relieve that pressure, which is a supply and demand, private market question. The party of the private markets seems to not understand that.

We’re going to do our level best. We have some initiatives underway, which I cannot talk about at this time — but I have assured the member that when we can talk about them, we will — that could well see more supply coming to the Lower Mainland.

A. Wilkinson: The Premier was kind enough to point out that cabinet documents, in terms of their confidentiality, are waived after 15 years, but privilege is not. Perhaps he can revisit the question. Will the Premier agree to waive privilege over all cabinet documents related to the resignation of Premiers Harcourt and Clark and to any and all dealings with the Nanaimo Commonwealth Holding Society scandal which resulted in a $4½ million fraud?

Hon. J. Horgan: If we’re going to go into history, I would like to start with the Basi-Virk inquiry and why those people got off with legal fees being paid by the people of British Columbia; why, at the last minute, the sale of B.C. Rail got yanked out from underneath the eyes of the people of British Columbia, because of the decisions of that government.

If we’re going to do a history lesson, Leader of the Opposition, let’s go back just a couple of years and look at the past 16 years of malfeasance by the people on that side of the House.

A. Wilkinson: Well, that was a total avoidance of the question. The Premier earlier said he refused to waive privilege over the documents related to the resignations of Premiers Harcourt and Clark, and he refused to waive privilege over the Nanaimo Commonwealth Holding scandal. Will the Premier waive privilege and allow all of those cabinet documents to be revealed to the public, either before or during the Cullen inquiry?

Hon. J. Horgan: I thought we were doing the budget estimates for the Office of the Premier — today’s Premier. I have the honour and privilege of occupying that office. I came with able staff to talk about the issues of the day. We did do a little bit of that over the course of the past few hours, but the notion that the Nanaimo Commonwealth Holding Society holds any interest for the people of British Columbia today is ridiculous. The member knows that.

Why don’t we get back to something else on your pad of paper over there and proceed to do something useful for the people of B.C. over the next hour.

A. Wilkinson: Premier, I’d be delighted to get to the matter if you would simply put forward a straightforward answer to the questions. You have ignored and avoided the questions for three hours now.

Perhaps we can get a clarification. Is the answer still no to a waiver of privilege over the resignation of Premiers Harcourt and Clark and the Nanaimo Commonwealth Holding Society in terms of NDP cabinet documents in the 1990s, yes or no?

Hon. J. Horgan: Why doesn’t the member use some of his spare time when he’s not reading the Vancouver Sun to make a list of the things you want, send it over to me and see what we can do? But the people of British Columbia, I think — I’m fairly confident; I may be off base on this — want to talk about the issues of the day. They want to talk about child care. They want to make sure that their kids are in classrooms that aren’t overcrowded. They want to make sure that seniors are getting the care they need — the things that matter to people. I don’t know where you’re going, man, but this might explain the poll results.

A. Wilkinson: Well, I take it the Premier has indeed refused to waive privilege, so let’s talk about Surrey portables. The Premier promised during the election that by year 2, which is coming up in two short months, the number of portables would be reduced by 50 percent. The number at the time of the election was 276. That would have been 138 portables removed with corresponding classrooms provided. What do we have instead? The number of portables has gone up by 31 percent to 358.

[6:05 p.m.]

Massive failure on the part of the Premier’s promise to do anything for the people in Surrey to reduce the number of portables. The Premier has just been handed a note which will explain announcements of schools in Surrey, almost all of which were prepared and funded by the B.C. Liberal budgets before this government came along. And now the Premier is going to grin and say he’s solving the problem. The problem is the number of portables just went up by another seven, to 365.

Premier, is this a complete failure and a broken promise?

Hon. J. Horgan: The member might well remember that as portables were increasing exponentially in Surrey, the B.C. Liberals were in government. The reason they went up again in 2018 was not because of any actions by this government. Quite the contrary. It was a Supreme Court decision. I’ve referred to it already: 22 minutes to throw the B.C. Liberal government out of the courtroom, saying, “You need to restore class-size and class-composition language,” which led to — guess what — a proliferation of portables.

Not only did they not fund schools for 16 years, by restraining free collective bargaining agreements that led to smaller classes, they had to explode the number of portables. The problem got bigger just as we arrived. It wasn’t because of us; it was because of them.

We’ve been doing, despite that, our level best by making a multitude of school announcements; first and foremost, working with the city of Surrey, working with the school board in Surrey, to have a dedicated project office so that we can keep pace with the development — again, a fast-growing community, a desirable place to live. Young families are going to Surrey. They need schools, just like they do in Coquitlam and Sooke and other fast-growing areas.

We’re doing our level best to meet the demand, but again, we were put on our back heel by a government that didn’t seem to care much about kids or education.

A. Wilkinson: Well, the Premier seems to forget that the election happened more than a year and a half after the Supreme Court of Canada decision. Yet the Premier ran around, knowing full well what the demand would be for classrooms, promising the people of Surrey that they would have 138 fewer portables. What have they got? They’ve got a 31 percent increase to 365 portables. A total failure of the promise.

Premier, can you just acknowledge today it was an empty and broken promise from the election when you knew full well what the class size and composition demands would place on Surrey portables, and you basically misled the people of Surrey.

Hon. J. Horgan: I did nothing of the kind, and the member knows that. If the old government had approved 2,500 new seats, like we have, in each of the last four years, there would be no need for portables in Surrey today. If the former government had been doing their job in Surrey…. The last school built there was in 2014. If they had been doing their job, we would be in a better place.

I think you should go onto another line of questioning, because it’s indefensible for the B.C. Liberals to stand and say they were defending education at any time in the 2000s, up to 2016, and certainly when it comes to providing classrooms in Surrey.

A. Wilkinson: Well, I’m glad to see the Minister of Education has joined us, because he’s the person who promised in 2018 that we were still committed to the 2019 deadline to reduce the number of portables by 50 percent to 138. The Minister of Education is sitting three seats away from you. Was that a complete misleading statement?

The Chair: Members. No member should identify or try to identify people sitting in the House, so please be careful.

[6:10 p.m.]

Hon. J. Horgan: There have been 7,365 new seats in Surrey. We’ve got the new Salish Secondary with 1,500 seats; an addition at Woodward Hill Elementary, 195 seats; Panorama Park Elementary, 200 seats; an addition at Pacific Heights Elementary, 300 seats; an addition at Coyote Creek Elementary, 100 seats; Frost Road Elementary, an addition there, 150 seats; an addition at Sullivan Elementary, another 200 seats; an addition at Douglas area elementary, 605 seats.

A new school at Edgewood Drive, 655 seats. The new Grandview Heights secondary, 1,500 seats. Maddaugh elementary, brand-new, 605 seats; Regent Road Elementary, 655 seats; and an addition at Sullivan Heights Secondary of 700 seats. In addition, ten more projects with over 2,000 new seats in Surrey are supported in the minister’s capital plan, and they’ll be bringing forward another 9,450 seats.

We’re doing our level best to meet a commitment that we made in good faith assuming that the information that we were given by the former government was accurate. The Supreme Court made that irrelevant and redundant. We’re working as best as we can to make up for the glaring omissions and errors of the former government when it came to providing quality education for the kids not just in Surrey but right around British Columbia.

I profoundly believe that education is the great equalizer in our society and that giving more opportunity to young people means that we’re going to be better off as a society. I think the members on the other side agree with that. We’re doing our level best to make up for the backlog in Surrey. I commend the Minister of Education for the work that he’s done. Again, we’ve got lots more work to do.

A. Wilkinson: The Premier is absolutely right that public education is the great leveller, and it creates opportunities for British Columbians. That’s why the B.C. Liberal capital plan included most of those seats that he just described in the school list. Certainly Salish, Woodward, Panorama, Sullivan, Grandview Heights were in the B.C. Liberal capital plan, regardless of what others may say in this room.

So we come back to the question. One year ago, the Minister of Education said we would have half the portables removed in Surrey by the summer of 2019. Instead, the number has gone up by 31 percent. Premier, when are you going to get rid of the portables in Surrey, or is it just a flagrantly broken promise?

Hon. J. Horgan: We are, as I’ve said…. I listed off some of those seats: 7,365 completed, 9,450 committed — funded within our capital budget. The member should take a trip out to Surrey. It doesn’t cost him anything to cross the bridges. The tolls are eliminated, so he can go out to Surrey, and he can see the explosion of development there. It’s a desirable place to live, but you need to have services. That’s why we’ve focused on the portable challenge in that community.

Before the election and since the election, we’ve been doing our level best to meet the needs of that community, but increased enrolment and having to address the shortfalls that were a result of the belligerence, quite frankly, of the former government when it came to class size and class composition has delayed our ability to meet our targets. But we’re going to work as hard as we can to meet them.

A. Wilkinson: That answer amounts to: “The Education Minister was just plain wrong a year ago when he said we’d get rid of half of the portables by this summer.” Having established that, I think we’ll move on, because the Premier has no answer as to when those portables are going disappear. The Premier has said nothing more than: “We’ll keep building.” There’s no goal, no timeline, no final date — in clear violation of that election promise.

[6:15 p.m.]

Let’s move on to a very simple topic: partisan advertising. This government promised, when we were in government and they were in opposition, that the partisan advertising would end. Instead, we have seen saturation advertising on every imaginable topic, particularly on the community benefits agreement, and goodness knows who that benefits apart from the political party in power of the day.

Can the Premier explain to us: what is the policy about advertising, and has there been any change after hearing the high-flying rhetoric that it should be processed through the Auditor General to make sure it wasn’t partisan?

Hon. J. Horgan: We have been working diligently. There has not been blanket advertising. In fact, I’m advised that the community benefits agreement advertising you’re seeing is not being paid for by the province of British Columbia. It’s being paid for by people who want to see more apprenticeships, more local hire and more British Columbians working on these projects.

Again, I remember when the Leader of the Opposition was the minister responsible for advertising. He was contemptuous of the notion that there should be some check or balance put on that.

I’ve spoken personally with the Auditor General. She was less enthusiastic about monitoring government advertising but understood that there was good policy work that can and should be done. We continue to do that.

There has not been blanket advertising. I think you might be just not reading the Vancouver Sun enough. Spend more time doing that. You won’t have to listen to good people talking about the benefits of the programs that we’ve been implementing here in B.C.

A. Wilkinson: Well, rather than dismissing my reading habits, perhaps the Premier could answer the question. Has the Premier approached the Auditor General, or anyone in this government approached the Auditor General, about a new approach to advertising, which was so heavily criticized by these members when they were in opposition?

Hon. J. Horgan: We did take action. As recently as April 1, all ads are reviewed by the Advertising Standards Council. The Auditor General, as I said, did not want the burden of having to review all government ads. She has approved of this process. She can continue to audit if she chooses, but what we’ve been trying to do is to take the partisanship out of advertising.

I would argue that the bulk of the advertising that’s done by the province…. Certainly at this time of year when fires are upon us, we’re doing advertising in that regard. We’re doing advertising when it comes to budget programs, which again, is pretty consistent with every government in the land. We’re not doing partisan ads, and we don’t intend to.

A. Wilkinson: So to summarize, there’s been no change whatsoever in terms of government policy related to partisan advertising because the Auditor General dismissed the concept and the Premier has decided to do nothing at all to change the process. Is that correct?

Hon. J. Horgan: As I said, effective April 1, the non-partisan advertising standards are required for all B.C. government informational ads under STOB 67 — to be reviewed by non-partisan advertising review criteria before they’re released or published.

Advertising campaigns with budgets over of $250,000 are required to undergo a mandatory non-partisan review conducted by the Advertising Standards Council of Canada, a not-for-profit organization that administers the Canadian code for advertising. I think that’s a significant change.

Again, I’m happy to send all of the information over to the Official Opposition so they can have a full understanding of what a government should do when it wants to inform the public about good programs rather than push partisan politics.

A. Wilkinson: Does the Advertising Standards Council approve the ads before they’re aired, or is it a review afterwards?

[6:20 p.m.]

Hon. J. Horgan: Before they’re on the air.

A. Wilkinson: Now, in the election, the Premier promised, in a grandiose fashion, that there’d be $10-a-day daycare. Then that turned into an aspirational goal. Then it turned into a pilot program. I believe — if we can get the correct information from the Premier — that we now have 2,500 spaces at $10 a day out of 107,000. Is that correct?

Hon. J. Horgan: The $10-a-day pilots that the member referred to are very well received in the community. Tens of thousands of people are receiving reductions in child care fees since we came to government. With respect to the $10-a-day pilots, it’s about 2,000. But it’s the reduction in fees, broadly, for tens of thousands of people, that we keep hearing positive feedback from — so much so that in the annual publication by First Call, the living-wage coalition annual report on what the minimum living wage is to live in Vancouver, it has gone down, for the first time in 15 years because of the reduction in costs for child care. That’s a significant issue.

Similarly, the elimination of medical services premiums has also put money back into the pockets of people, which they can use to do other activities to improve themselves and their families and contribute to the economy. I’m very proud of the work we’ve done on child care in the short time we’ve had. We’re committed to a broad ten-year plan, and we’ve made good progress in the first two years.

A. Wilkinson: Well, at 2,000 spaces of 107,000, that’s under 2 percent who’ve actually met the election promise, so we’ll count that as a continuing, aspirational goal.

Perhaps it’s time to talk about another aspirational goal. There was a grand profusion of announcements during the election about the government building 114,000 housing units in ten years. In a radio debate with the now Attorney General, I asked where he would find the $23 billion required to build those housing units. His answer was: “When we cancel Site C, that’ll put $7 billion on the table.” Well, Site C wasn’t cancelled. There is no $23 billion. There’s no ten-year plan, and it turns out that the actual number of units built is 1,575 — meaning it won’t take ten years to build those units; it’ll take 70 years.

Can the Premier explain to us if this is another aspirational goal, when 1,200 units of modular housing are put together, out of 1,575 total, and when the build rate means a 70-year program to satisfy his election promise?

Hon. J. Horgan: I’ll just correct the member on his response to my answer on the child care benefits to people in British Columbia. Tens of thousands of families have seen significant reductions in their costs.

Interjection.

Hon. J. Horgan: I said it. You didn’t acknowledge it. I want to say it again so that Hansard will record that the child care plan here is working for families — which, again, is the fundamental reason why I think we all came here in the first place: to help families.

[6:25 p.m.]

When it comes to housing, we will fund 36,000 new units over a ten-year period — 20,000 already funded, according to the Minister of Housing, who’s not with us right now, but I’m sure she’d be happy to come and join us. This is a fun time for all of us. We’re working as hard as we can to bring down costs, not just with demand actions but also with more supply.

I believe, again, that the member will know this. He participated in the 2017 election. The two biggest issues that we heard time after time after time were child care and housing. The costs of those two elements in the family budgets were debilitating, so much so that people were contemplating leaving British Columbia rather than staying. As a result, over two years, of bringing on 2,000 homes, completed or underway, we’re well on our way to meet our targets. I’m hopeful that the member will get behind us on this because it’s good for his community. It’s good for everybody’s community.

A. Wilkinson: Let me make sure that I heard that correctly: that it’s been reduced now from 114,000 in ten years to 32,000 — just a 70 percent reduction. Is that correct?

Hon. J. Horgan: No, that’s not correct. Certainly, I misspoke.

In less than two years, we’ve already made progress on 20,000 houses, completed or underway, in communities right across British Columbia. That’s a pretty good average after not yet two years on the job. And we will, over ten years, invest $7 billion in new housing supply. That’s good news for British Columbians. That’s good news for everybody. I don’t know why the member on the other side doesn’t see the benefits and the enthusiasm on the faces of British Columbians when they see these costs going down.

We have challenges in the economy. Of course we do. It’s red-hot right now. That’s a problem that most provinces would like to have. But we need to think more creatively about how we train people for the next generation of workers. We need to make sure that people can afford to live in communities, not hollow communities where prices were driven up by speculation and money laundering. We’re trying to remove those elements from the community to put more houses on the market for people to live in, not to speculate in.

A. Wilkinson: Well, let’s get it clear how many of these 114,000 units are actually functional. The best information we have is 1,575 after two years, and of those, 1,200 are modular. Is that correct?

Hon. J. Horgan: Well, the program is ramping up: 2,300 homes already complete, and 20,000 funded and underway. That’s, by any measure, a positive start to a program that has been wildly supported by people in communities right across B.C.

A. Wilkinson: The question is a crystal-clear question. One hundred and fourteen thousand were promised. We’re told 23,000 are underway. The capital plan is a ten-year cycle. The budgetary plan is a three-year cycle. If we’re now at year 2 and you have another three years, in five years, you’ll have 20,000 units underway. That’s a complete failure and broken promise. Are we looking at 114,000 in ten years completed or not?

Hon. J. Horgan: Well, again, housing starts by our budgets are up, relative to the budgets that were tabled by the former government.

We’re not the only people building houses in the marketplace. The private sector is doing that as well. And bringing on more supply is the key to bringing down costs for people. I’m very proud of what we’ve been able to do. You go to any of the not-for-profit housing organizations, you talk to the people in communities, and they’re going to say yeah. I talk to mayors and councils in most communities. They’re going to be happy with how things are going.

A. Wilkinson: Given that we just heard from the Premier that his 114,000 housing unit goal has fallen apart right in front of him, he’s now turning to private sector to fill in the gap. I’ll thank him for his time, and we’ll rejoin him tomorrow for a continuation of estimates.

I’m glad to hand the floor over to the Leader of the Third Party.

A. Weaver: I’d like to start by saying I think it’s an important anniversary today. I believe it’s the two-year anniversary of the signing of our CASA agreement. With that, I would suggest that this has been a rather unique time in the province of British Columbia with a minority government. I would suggest that the Premier would probably agree that the relationship has been fruitful, collaborative — at times challenging, without a doubt, but nevertheless, reaffirming the commitment that we made in CASA to work together.

[6:30 p.m.]

That doesn’t mean we agree on everything. It means we that have a process to reflect upon our disagreements, and I would just like to canvass a few of the issues here. In particular, I’d like to start off with some of the issues with respect to the gas prices.

I was listening with interest to the comments coming from the official opposition. I was somewhat flummoxed by the kind of apparent petro-stumping that I heard and somewhat concerned that I did not perceive there to be a desire to actually support British Columbia in standing up for British Columbians, as opposed to supporting the gouging that is going on by certain elements.

I noticed that over the last few months, the Premier and this government have come under fire, frankly, about the rising gas prices, and the official opposition has done what they can to try to distort the issue — frankly, to blame government — appealing to the worst type of populist politics.

I want to start my questioning by asking the Premier: what tools does he have to affect gas prices?

Hon. J. Horgan: I thank my colleague from Oak Bay–​Gordon Head, the leader of the Green Party, for his questions and his interventions here today in the budget estimates for the Premier’s office.

[J. Isaacs in the chair.]

Firstly, I’d like to say that we’re trying to find ways to bring down the cost of gasoline by talking to suppliers, finding ways to bring more supply into our region. That means talking…. Again, as I said to the Leader of the Opposition, we’re working on a plan that has not come yet to fruition, but I think in the next while, if I give it time, I’ll be held to that.

We’re working hard to try to find a way to increase our ability to affect what’s in the pipeline. What we’ve been trying to do is work with the federal government, get an acknowledgment from our federal government, who now does own the pipe. Although they can’t dictate what goes into it, they have a bunch of mechanisms at their disposal to help us explain how the price went up so high and what we can do to bring it down in the short term.

But in the long term, the member will know — and he and I are both enthusiastic about this — we’re going to be moving away from gasoline in the first place. We want to see more people in electric vehicles. We’re putting in place, as he knows, incentives to see more people using electric cars. I drive a hybrid. You drive a full electric. We’re building charging stations right across British Columbia. I think we have over 1,500 now, or somewhere in that neighbourhood, right across the province.

We’re putting in place infrastructure to reduce the costs over the long term and also have a better environmental outcome, but that’s not happening today. Sorry, Member. The public expects, rightly so, that we will be doing what we can to bring on more supply so that prices can go down, so we can make that transition over a longer period of time.

A. Weaver: I concur. I accept the arguments brought forward by the Premier with respect to the ability to affect what’s in the pipeline. I found compelling the arguments that discuss the fact that, in fact, the Trans Mountain was not about enhanced refined capacity. It’s all about increased diluted bitumen.

The Premier has referred to a multitude of things that could happen. One of the things that I have a concern on, and I’m going to frame a question in this regard, is that if we look back historically, virtually every year, as long as I have known, gas prices go up in the spring, and they come back in the fall.

The Premier will remember back whenever the Axe the Tax campaign was initiated by a previous government. It was during the summer months, right at the peak price when there were record prices being set. The kind of rhetoric associated with that campaign kind of fell flat as the fall approached, because the price of gas came down.

[6:35 p.m.]

My question to the Premier is: does he think it is prudent for a government to have a market intervention along the lines of what the member of the official opposition is stating, in light of the fact that essentially every year we know that the price of gas goes down as we move out of the summer season and, in fact, will fall naturally because of traditional supply-and-demand arguments and enhanced refining after, basically, the long weekend in September?

Hon. J. Horgan: I agree with the member’s premise, but this year seems to be, without any doubt, anomalous relative to others. That 40 cent increase — when only one penny a litre can be put to the carbon tax that we increased on April 1 — is unusual. There is always an increase in demand during the travelling season. You and I have talked about that. I agree with you. But it’s never been that large.

That’s why I asked my deputy minister about the margin question, the refining margin, why it had gone from 2½ cents to 24 cents. What happened there? We did our best through inquiries to get an answer to that question, but we can’t compel people to testify. The Utilities Commission can, and that’s why we’ve punted the question over to them.

In the meantime, we need to continue to talk about how people can get out of their cars. That means investing in transit, which we’re doing in a big way, not just in the Lower Mainland but right across B.C. It means giving incentives to get off of fossil fuels and on to cleaner energy alternatives for our transportation needs. These are all long-term goals that we have in our plan that you and I worked on, together with the Minister of Environment, as part of CleanBC.

But for today, when people are looking at their summer season, they’re pretty unhappy about this, and I absolutely feel that and understand it. We are trying to find ways to have temporary relief through mechanisms that we’ve been working on as well as coordination and cooperation from the federal government.

You’re absolutely right. These cycles are traditional. The Leader of the Opposition and his crew are saying that it’s a tax question, among others. That’s not the case. Do we have a significant amount of tax in our gasoline — federal, transportation, TransLink, and so on? Yes, we do, but that does not explain these wild seasonal swings that you’ve suggested.

A. Weaver: I agree with the Premier. The refining margin in British Columbia seems to be out of whack with the rest of the country. I’m hoping that the B.C. Utilities Commission is able to explore this. I look forward to the results.

On that note, I noticed that the official opposition was focusing on increasing supply, increasing supply, increasing supply. At one point, they kind of walked away from that. They started introducing this kind of Marxist logic about introducing a price cap, which was just outrageous coming from a free market party. Unbelievable. I think they’ve walked away from this price cap.

Anyway, my question is on the demand side, then. I suspect, knowing back when the last time we had some price hikes and the widespread move towards alternate forms of transportation, which did have a legacy effect…. I’m wondering if the Premier has any statistics about uptakes of electric vehicles, uptakes of transit ridership or uptakes of other modes of active transportation that have arisen as a direct consequence of the rising price of gas and whether or not this has affected the demand side of the equation and whether or not, in fact, demand is dropping in British Columbia.

Hon. J. Horgan: I’m just asking if we can get the uptick in people using transit, because it will be significant. The member is quite right. In times of crisis, people modify their behavior. They do different things. They don’t go, maybe, out to the grocery store every other day. They wait, or they buy larger amounts so they’re not travelling as much.

I can say, on our incentives to get people into electric vehicles, as you’ll know, we had to increase that budget three times last year, which means that there’s a big demand for people to get out of the lineup for gasoline and a big demand to get into the future, which is electric vehicles. Prices are coming down. They need to come down further so more people can get into electric vehicles. But people are voting with their feet on this question, taking up the incentives that government is providing. The federal government is now involved as well. This is very good news.

The transit numbers are coming. Because we’re short of time, perhaps I’ll just make sure that I can get those numbers to you.

[6:40 p.m.]

I can quantify the three increases. I think we had the budget number in February. We increased in September and then again in November — the money is available — which is unprecedented, to have a program that you increase not once but twice during the course of that fiscal year.

A. Weaver: I just want to canvass this a little more on the gas prices, because I think it’s important to get. We had so much focus on the supply side and, I would argue, not enough focus on the supply side. The numbers that I’d heard I’ve got from good sources. I’m hoping to confirm. I recognize that it may be a little outside the scope of the Premier’s estimates and be more into Energy and Mines.

I’ve heard that this year, upwards of 10 percent of all new vehicles in British Columbia have been electric, pushing 15 percent in the last month. Can the Premier confirm these numbers, as to whether I’m in the right ballpark?

Hon. J. Horgan: The member is quite right. We’ve seen a continued increase in demand, and supply is now having challenges. The providers are having longer wait times to get vehicles. I think, actually, the member for Delta North managed to get his electric vehicle ahead of you. That’s because there’s so much demand.

That, of course, will mean that Detroit — I say Detroit as the amorphous auto sector — is changing their production plans, because they see a change in the marketplace. We see that with the incentives that I’ve talked about, and we’ll be able to provide those numbers to you in some detail afterwards. There has been a steady increase in demand for non–fossil fuel transportation mechanisms, and I think that’s all good news for us. That, of course, requires industry to recognize that, and they have. But because of these longer wait times, they realized that they’ve got to build more cars faster.

A. Weaver: The Premier mentioned the member for Delta North, and I am very jealous. The member for Delta North and I both ordered Hyundai Konas. I did about three months beforehand. He got his about one month before, and mine isn’t even here yet. He was able to go to a dealer that actually ordered them proactively instead of reactively. The Premier is quite right. The supply for these vehicles is troubling.

I’m wondering, on the issue of demand again, to what extent the Premier has, with his office, explored the work that was done, the report that was done on mobility pricing in the greater Vancouver area. I’m wondering if he’s had any thoughts about where government is going in terms of the issue of mobility pricing — whether they’re thinking of that in Metro Vancouver or not.

Hon. J. Horgan: Just on the previous question, May is not finished yet, as you know. So 15 percent of the vehicles sold in May were light-duty EVs. That is unprecedented, as the member knows, and speaks well for the future. I think gas prices are a part of that, absolutely. People are saying: “Well, this might be the time to make that leap.”

We’ve been reducing costs for people — reducing medical services premiums, eliminating them; eliminating tolls; reducing fees for child care. On the toll question, the reason we eliminated the tolls was because it was just for one area, for one piece of infrastructure. When other pieces of infrastructure were being built, there was no toll ascribed to them. And the federal government, of course, has a policy that they will not fund infrastructure that has tolling on it. That meant that the Massey project, for example, was solely on the back of the provincial government.

TransLink has established a mobility committee, and they’ve been working diligently, I guess, for quite some time now. They were supposed to report back in the summer of 2019. We look forward to hearing from the region, the densest part of the province, with what their plans are. This is going to be largely an issue to be dealt with by residents in the Lower Mainland. Of course, we need to work with TransLink, with the Mayors Council, to make sure that any mobility program that comes forward makes sense to the travelling public and is not onerous.

[6:45 p.m.]

A. Weaver: Just to explore this a little further, the Premier mentioned the issue of the Massey Tunnel replacement, and he’s referred to this recently. As an issue, of course, we support the Premier in this regard. The bridge was…. I just didn’t quite understand it; a twinning of the tunnel was much more sensible.

My question to the Premier is this. As government is exploring this option — and I understand they’re doing it through consultation — are they considering active modes of transportation in the Massey Tunnel as well? Right now you can’t really get across that south arm of the Fraser with bikes and walking. I’m wondering if that’s in the cards for a Massey Tunnel expansion, if it happens.

Hon. J. Horgan: Yes, it is, Member. I was excited last week when I learned that the regional mayors have come to a consensus that they need to work together to address the congestion problem at Massey. Both the member and I are Vancouver Island members, so when we enter into the Lower Mainland, our first introduction to the challenges of transportation is the Massey Tunnel. That’s our way off the Island: get off the ferry, go through the tunnel, and you’re on your way into Metro. So we’re very seized of that.

The Minister of Transportation is working on that. We’ve got a study underway that will include multimodal transportation. We don’t want to just have the same old, same old, but we need to find a way to get it done in a cost-effective manner. The federal government will participate, provided there’s no tolling infrastructure. Now, how mobility pricing fits into that, I think, is a discussion for, I would expect, after the federal election in October. We’ll see what the outcome is there.

We’re very much aware that we can’t just keep building infrastructure to move cars and trucks. I will also say that in Metro, transit use is 437 million boardings in 2018, up 7.1 percent from the year before. Again, that speaks to…. We have a population increase, of course, but more and more people are choosing to use public transit. We have a safe, effective means of moving people around in our Metro area. It’s cost-effective, people like it, and more success will breed more success.

A. Weaver: Those are impressive numbers. Actually, 7 per­cent is far and above any population growth for Metro Vancouver, I would suggest. That’s actually quite good news. I thank the Premier for that.

I know that one of the other issues — I believe the government campaigned on this; I know we did as well — was exploring ways to deal with the affordability issue and somehow to incentivize zoning or taxation policies to incentivize density in and around transit hubs. I’m wondering if government has any exploration into this area about tools that they might use at their disposal to incentivize the densification in urban areas around transit hubs, whether or not that’s being considered.

Hon. J. Horgan: We don’t believe that incentives are required, but we do know that coordination is. That’s why, when I formed the executive council, I put the member for Coquitlam-Maillardville in charge of Municipal Affairs, TransLink and Housing, to put all three of those critical areas under one roof so that we could coordinate our transportation links with density, ensuring that municipal governments, local governments, were participating and understood our objectives and that we understood their objectives. When we designate a transit line, density will come to that, but the challenge then becomes: are neighbourhoods prepared for that? That’s where the municipal activity takes place.

We’re confident that these things will come together, but we are also looking at property taxes and how they’re affecting small businesses. That’s become very topical in the past number of months. That’s part and parcel of zoning issues that become, “This is what is possible here,” and all of a sudden, the value of the land goes to the possible rather than the real. That has a negative impact on business and on people.

I will say, also, as people are lining up and looking at me, that in the city of Vancouver, 2017 — 52.8 percent of all trips were made by walking, cycling or transit. That’s up from 48 percent the year before — again, a 4 percent increase in activity.

People are voting on these questions with their feet, literally — walking, cycling. Finding other ways to move around reduces their carbon impact, reduces their costs. I believe government’s role is to work as best as we can — and you agree with this — to put in place a framework that will work to get people where they want to be. It makes for a better society. It makes for better communities.

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

Motion approved.

The committee rose at 6:50 p.m.

The House resumed; Mr. Speaker in the chair.

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

Committee of 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 6:53 p.m.


PROCEEDINGS IN THE
DOUGLAS FIR ROOM

Committee of the Whole House

BILL M206 — RESIDENTIAL TENANCY
AMENDMENT ACT, 2019

The House in Committee of the Whole (Section A) on Bill M206; R. Leonard in the chair.

The committee met at 3:29 p.m.

On section 1.

A. Weaver: Thank you to the member opposite for the questions that will be asked, and to the minister, who I’m here with too. I’m here to introduce the bill, M206, and to introduce my staff, who will be helping me out. Claire Hume is in the gallery there, along with Evan Pivnick.

As the Chair will know, this is a rather unique process. What will happen here, and what we went through with the benefit corporation, is that I may have to confer with my staff off in the gallery and the minister may confer with her staff. I, of course, am not allowed to confer with the ministerial staff, but I can confer with the minister. So it will be a rather interesting kind of dialogue and exchange here.

Interjection.

[3:30 p.m.]

A. Weaver: Well, we can feed the member opposite some questions if he would like to see some as well. No.

Anyway, I’d like to start by moving the amendment that’s on the order paper.

[SECTION 1, by deleting the text shown as struck out and adding the underlined text as shown:

1 Section 45.1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended

(a) in subsection (1) by adding “ and section 45.2” after “In this section” and by adding the following definitions:

occupanthousehold violence” means violence that has adversely affected a tenant or an occupant’s quiet enjoyment, security, safety or physical well-being or is likely to adversely affect those if the tenant or occupant remains in a rental unit, including

(a) physical abuse of the tenant or other occupant, or a dependant of the tenant or other occupant, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,

(b) sexual abuse of the tenant or other occupant, or a dependant of the tenant or other occupant,

(c) attempts to physically or sexually abuse the tenant or other occupant, or a dependant of the tenant or other occupant,

(d) psychological or emotional abuse of the tenant or other occupant, or a dependant of the tenant or other occupant, including

(i) intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property,

(ii) unreasonable restrictions on, or prevention of, the financial or personal autonomy of the tenant or other occupant, or the dependant of the tenant or other occupant,

(iii) stalking or following of the tenant or other occupant, or the dependant of the tenant or other occupant, and

(iv) intentional damage to property, and

(e) in the case of a child an individual under the age of 19, direct or indirect exposure to violence against the tenant or other occupant;, or a dependant of the tenant or other occupant. , and

“occupant” means an individual, other than a tenant, who occupies a rental unit. ,

(b) by repealing subsection (2) (a) and substituting the following:

(a) if the tenant remains in the rental unit, the safety or security of

(i) either the tenant or a dependant of the tenant who lives in the rental unit is or is likely at risk from family violence carried out by a family member of the tenant, or

(ii) either the tenant or an other occupant or a dependant of the tenant or other occupant who lives in the rental unit is or is likely at risk from occupant household violence; ., and

(c)  by adding the following subsection:

(5) For certainty, a reference in this section or section 45.2 to “occupant” includes a dependant of a tenant or occupant, if the dependant occupies the rental unit.]

On the amendment.

A. Weaver: That amendment to section 1 has been on the order paper for quite some time. If we look at section 1, if we start with that, in section 45.11 of the Residential Tenancy Act, we’re proposing the addition of two new terms to be used exclusively in sections 45.1 and 45.2. What you’ll see there is that, as currently written, 45.1(1) lists and defines the following: family member, family violence, long-term care and long-term-care facility. To that list, in the amendment, we’re proposing the addition of “household violence” and a clarifying definition of the word “occupant.” Again, these terms are as defined for use in sections 45.1 and 45.2 of the bill only — only those sections of that bill — not throughout the rest of the act.

“Household violence” is defined using the same definition that currently exists for family violence and the same definition we had in the first draft for “occupant violence.” Recall, a lot of this good work was done by the previous administration in 2015 when they brought in a bill to actually address tenancy and family violence.

In our case, instead of only applying to violence perpetrated by a family member, it’s expanded to capture violence, in general, associated with the home, perpetrated by a non–family member, such as a neighbour or a roommate, for example, as well. We’re also proposing the use of the definition of “household violence” as follows.

“‘Household violence’ means violence that has adversely affected a tenant or occupant’s quiet enjoyment, security, safety or physical well-being or is likely to adversely affect those if the tenant or occupant remains in a rental unit, including (a) physical abuse of the tenant or occupant, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm, (b) sexual abuse of the tenant or occupant, (c) attempts to physically or sexually abuse the tenant or occupant, (d) psychological or emotional abuse of the tenant or occupant, including (i) intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property, (ii) unreasonable restrictions on, or prevention of, the financial or personal autonomy of the tenant or occupant, (iii) stalking or following the tenant or occupant, and (iv) intentional damage to property, and,” for the final, “(e) in the case of an individual under the age of 19, direct or indirect exposure to violence against the tenant or occupant.”

The reason why that’s important, of course, is that the violence may be to a child who’s not actually on the lease, but the child’s parent may actually be an occupant in the household.

“Household violence” is proposed as an amendment here to replace “occupant violence,” as written in my original bill that was in our binders because of the feedback I received from the Ministry of Municipal Affairs and Housing and their legislative drafters. There was a concern that using “occupant violence” could be confusing because of its overlap with the term “tenant.” For example, a tenant is an occupant, but an occupant is not necessarily a tenant. I’m sure the member opposite will be asking some questions about the process that led up to the amendments that came today, and I look forward to answering those, if those question arise.

The concept of a tenant is used extensively throughout the Residential Tenancy Act as well as in the Strata Property Act, but they can have slightly different interpretations depending on the context, so we decided it would be better to choose a new term all together. And when I say we, it is in consultation with the legislative drafter that we worked with for several months on this file.

The word “household” was chosen because it is a term that refers to people who reside under one roof, which works nicely to capture violence associated with the house. I also like the term “household” because it reflects the fact that after a crime, one’s residence is often no longer a home and, certainly, no longer a safe home.

The other amendment members will note, in the definition here, is a tightening of the household violence subsections and the addition of an occupant definition. In the first bill we had, we wrote this. It said: “of the tenant or other occupant, or a dependent of the tenant or other occupant,” repeated in each line. This was viewed to be burdensome. An example of that was: “physical abuse of the tenant or other occupant, or a dependant of the tenant or other occupant.” This starts to sound like a bit of a mouthful.

[3:35 p.m.]

So what we did, again, from feedback through the ministry staff and their legislative drafters, who are separate and different from our legislative drafter…. They made a recommendation to simplify it by just saying tenant or occupant. And in the definition subsections, we added some lines there to clarify that “occupant” means an individual who occupies the rental unit, including dependents of the tenant or occupant who live there.

I recognize this sounds like a mouthful of words, like tenant, occupant and household, but again, we’re working very carefully and closely with the legislative drafter that we had access to, and then we had feedback from the legislative drafters associated with the ministry. And after several iterations, we came to this in the legislation. The policy intent remains of the original one, but it’s better organized now, so I think this is a good change as it makes the section much more readable.

Finally, I’m proposing we replace the term “child” with “individual under the age of 19”. Again, that’s for clarity reasons to ensure that people understand we are talking about youth, not adult children.

There are a couple more changes in section 1(b) in the amendment. We’ve also made a change there, based on the feedback again from the ministry and the legislative drafters that they have access to, about the clarity matching with the existing language. I am proposing again in this amendment that we add in the word “either” to the start of 45.1(2)(a)(ii) to match the family violence section above. The family violence section exists, and it was brought forward by the B.C. Liberals in 2015.

Again, to match the simplifying change made to the previous definitions section, I’ve amended 45.1(2)(a)(ii) to just say tenant or occupant, instead of listing out “tenant or an other occupant or a dependent of the tenant or other occupant who lives in the rental unit.”

Finally, in section 1(c), we introduced an amendment there to add a new subsection, section 1(c) of this bill. This “For certainty” subsection pairs with the language simplification changes detailed previously to clarify that for section 45.1 and 45.2, the term “occupant” includes the dependents of the tenant or occupant who live in the rental unit. This was an important thing that we were missing — that, in fact, “occupant” could include the children of a tenant there, and that children may not actually be on title, but certainly they’re living in the domicile. We’ve added the subsection instead of listing the same information every single line.

With that, hon. Chair, I thank you for allowing me to share these initial comments with the members in this room.

J. Rustad: This is an interesting process. I actually didn’t have the opportunity to go through the bill that came through earlier, and there have been very few bills that have gone through. I guess….

Do I ask the question of the member moving the bill…?

The Chair: You may.

J. Rustad: Aha, yes. And then the minister may then at that point, if she so desires, enter into a few questions.

Like I say, it’s an interesting process because, as a Legislature, we don’t tend to move forward private members’ bills. The process tends to be, if a private member’s bill comes forward, government adopts it if they want to move it forward and then moves it as a government bill. So this is unique, and it’s actually one of the things I think that’s kind of, much as I find being in opposition, not exactly to my taste.

The current circumstances have allowed for a few of these types of situations to come forward, so it is an interesting process. And I want to congratulate the member in terms of bringing this forward. Through this and obviously working through the secretariat, there must have been some discussions and process that would’ve gone on with government in terms of the ability to bring this forward.

I guess maybe just an initial question, if I may, to the members. As you move this bill forward, as this process has developed, how did that conversation…? How did that work actually go on between…? And I realize that’s not in a section of the bill, but I’m curious — right? — in terms of how that work actually went on between government and the process that went on to go back and forth in order to actually draft the bill and have it come forward.

[3:40 p.m.]

A. Weaver: First off, I wish to acknowledge that, in fact, the previous government did do precisely what the member did in the case of a couple of my private members’ bills. The government recognized that they supported the intent, and they brought in their own bill — and credit to government for doing that. So there has been precedent, but it has not been done this way. It’s kind of unique this way.

Both the minister and I will answer because we have different perspectives. It’s a very unique process here. We do not have access to the ministry staff or the ministry legislative drafters. However, government, for the first time, as far as I know, or if ever, for a very long time, has given opposition members access to legislative drafters. We have access to a legislative drafter who we have got our amendments and worked our bills through.

The process that came is that my staff and I developed the concept that we wished to be put into legislation. We went to our legislative drafter. We had a back-and-forth between our office and the legislative drafter until we got what we believed was a good first draft.

What we will see is that draft that appeared on the order paper — government was looking at that then. Government staff, government lawyers, government legislative drafters then had a look at it, and they made recommendations to us from their perspective, because our legislative drafter and their legislative drafters are not even allowed to talk to each other in this process. There are very distinct processes.

Our legislative drafter worked with us exclusively. Their legislative drafters looked at it and gave recommendations to us. We then discussed it amongst ourselves, staff and me, and the staff would go back and forth with the legislative drafter. We’d put forward some ideas, and then we got some recommendations back. There was a bit of back-and-forth in terms of recommendations.

Government…. At no time did their legislative drafters insist or require that we change anything. At all times, all they did was make recommendations that our legislative drafter took to make recommendations to us. It was a back-and-forth process.

The minister and I actually…. I don’t think we talked about this. It was all done between staff and legislative drafters through staff. In the end, I put the amendments that we came to agreement through our legislative drafter via our staff to the ministry staff, to their legislative drafters. There was some chord of recognition that we felt comfortable. We had addressed their recommendations. Government, at this point, pointed out to us that they felt supportive of the intent and this bill, and we put the amendments on the order paper. As you can see from the order paper amendments, they’re extensive, but they’re not substantive. They’re extensive in terms of changing the definition of “occupant violence” to “household violence,” shortening language and also reflecting upon the issue of the children who may be associated with a tenant who is in the house.

The process was…. It actually works. It was interesting navigating it. It worked very well. We had a very good relationship with our legislative drafter. The interaction was good, and it led to where we are today.

But I don’t know what happened on the ministry side, so I’m going to appeal to the minister to see what happened there.

Hon. S. Robinson: Being part of a government that’s doing things differently is really important to me, because I think at the end of the day, for our government, it really is about: what do people need? Here was a private member’s bill that came forward, and it was…. This piece of legislation sits in my ministry, and it became a discussion around: “Do we, as government, and do you, as minister, agree with this direction?”

It fits within our focus and our frame in terms of what we’re aiming to do, which is to make sure that people’s homes are safe for them, and this strengthened a piece of legislation that the previous government did. So from our perspective, it was: “Shall we work with them in order to deliver this? This is something they want to deliver.” It was like: “Okay. What’s the process?”

I think it was created as we went along, in terms of identifying how to best move forward. There was regular feedback. It would go through the Green caucus, and then it would come down through staff. They would do their work, and it would come back up to the ministry. But really, I want to acknowledge staff from the residential tenancy branch who have been absolutely outstanding in helping to co-create a method for bringing forward a private member’s bill so that it would work, and here we are today.

A. Weaver: Just one clarification to my words. I think I used the word “recommendation.” I think feedback would be a more appropriate word. I tried to do recommendation with the understanding that at no time did they require us to implement. It was really a point of feedback, so I thank the minister for using that word.

[3:45 p.m.]

J. Rustad: Like I say, I’m fascinated with this process, because I’ve moved forward a number of private members’ bills, and I had never really even thought about actually trying to figure out if we could do this jointly with the ministry. Of course, when you’re opposition, it’s a little different in terms of the process of going through.

I’m curious. If I could, I’m really kind of curious: why weren’t they able to have the legislative drafters involved in it? I get the government…. I’ve used legislative drafting as well and having people made available to help with drafting a private member’s bill. I get that, but what I don’t get is why there needed to be the division. That doesn’t seem to make sense to me, so if I could just ask for some clarity on that.

Hon. S. Robinson: I will do my best, because it’s not my area of expertise. I am going to assume that this may have something to do with the AG’s office in terms of when you work for government versus not and how supports happen and play out. But I can do my best to get a more specific answer for the member.

Again, we need to, I think, remember that this is brand-new. We’re all sort of feeling our way around how we can do this in a way that might be more efficient. I think there are some learnings that we’re doing around how we can do this more efficiently. But this was the process that was set up as best we can, given that this was brand-new.

So using the existing structures and trying to adapt and adopt a new way of delivering good legislation, we’re feeling our way as we go through. This was a process, and I expect that there’ll be some ongoing conversation about: are there ways that we can make that work better?

J. Rustad: I want to thank the minister for that answer. Having been in government not that long ago, I fully recognize that government resources need to be spent on government activities. There’s definitely a line. There’s even a line with private members within government, let alone private members within opposition or within…. Well, I guess, officially, you’re opposition.

So I get there’s that sort of challenge on that, so that’s an interesting point. I guess I’ll need to find a way to think about that in terms of how those resources are spent. Because I do think there are some ways to be able to be more efficient in terms of how we can move forward private members, which I think, quite frankly, can add some value to the work that everybody does within the Legislature.

I commend you in terms of finding a way through this and working on this. I’d love to be part of a conversation about how we actually extend that out to making it, perhaps, even more efficient in the future through what that does.

In terms of the process and the back-and-forth, I am a little curious. The member, obviously, had gone out and talked to a number of groups and would have been through some sort of engagement process before coming forward with this sort of bill. I’m just wondering if the member, in coming up with the suggestions in here, could perhaps talk a little bit about the process that he went through in terms of input that would have led to this and bringing forward this bill.

A. Weaver: Two things. First, to address the member’s comment about the process, I think I’d like to give an example, just for illustration, in case people are watching.

Yesterday the member for Shuswap brought forward an amendment to Bill 30, the labour code. That amendment had been prepared by legislative drafters that were made available to government. Because the amendment was actually put and developed in a manner that was consistent with legislative language from all acts, it was something that produced a very strong amendment that allowed our caucus to support the amendment brought forward yesterday.

I think the minister’s government deserves a lot of credit for making available to opposition members legislative drafters. I think the members of the official opposition as well as our Green caucus have taken advantage of that.

With respect to the process, the two main groups that we consulted were the Ending Violence Association of British Columbia and West Coast LEAF, where LEAF is the Legal Education and Action Fund, both of which are extensive advocacy groups and both of which were very involved and also consulted by the B.C. Liberals in 2015 when they developed the family violence provisions in the act that we’re extending.

[3:50 p.m.]

Again, it was a similar process. We reached out to them and asked them…. They’re extensively involved in ensuring that, basically, we’re moving on a path towards ending violence. They were the key people in terms of a broader engagement for us — in terms of how we were getting a sense of what the issues were. They provided us some examples of why this is important.

J. Rustad: I do, actually, have a fairly keen interest, although I didn’t get an opportunity to speak in second reading to this. Spending time as the minister for…. At that time, it was called Aboriginal Relations and Reconciliation. I mean, there’s significant violence in homes, both within Indigenous communities but also outside of Indigenous communities.

I have worked closely with the women’s shelters in my riding, trying to get support. Through that process, I’ve talked with them about a number of these things. Women fleeing violence, in particular, is a significant concern. The idea…. In terms of this stuff, I think it’s good to be able to have these definitions in there.

There are, obviously, some pretty unique situations that happen, certainly, in my riding, unfortunately, and in many other ridings. Having had a chance to talk with many family members and many people, particularly in a session I did with the families of the missing and murdered women from along Highway 16 as well as around the province, when we did a gathering, I had a chance to hear many stories and components around it.

I guess the question on it…. Many of those issues, of course, aren’t dealt with in here. Those are issues that are in other pieces of legislation. Certainly, when it comes to tenancy, many people found themselves trapped in situations. They didn’t know where to go. They didn’t know what to do. They’re in…. Whether it’s verbal abuse, sexual abuse, violence or these types of things, it becomes a very…. It’s a pretty challenging issue, particularly for First Nations. I mean, it’s a very challenging issue with that.

That’s why I’m asking…. The groups that you mentioned, obviously, are very connected with that and those parts of it, in particular from that perspective of on-reserve people living in these situations. Did you get any feedback or components around that as part of how you developed this bill?

[3:55 p.m.]

A. Weaver: Thank you to the member for that very important question about consultation with broader Indigenous communities. What we did, as I mentioned, is go through the Ending Violence Association of British Columbia and West Coast Legal Education and Action Fund. These are two organizations that have extensive experience working with Indigenous and other marginalized communities where we accept that some of these problems that we’re trying to deal with are often amplified.

One of the things that I think is important to also add here is that when the former government brought in the family violence legislation in 2015, they created a very fine suite of regulations attached to it. They spent a fair amount of time extensively consulting more broadly to, in particular, come up with the types of people who may make a family violence confirmation statement.

The idea here, as you’ll see in the legislation, is that there are certain professionals that are able to make family violence confirmation statements. They’re individuals that…. For the purpose of this discussion, the two key aspects of that are an employee of “(i) an aboriginal organization who is responsible for duties as a family support worker, executive director, aboriginal court worker or aboriginal justice worker, or (ii) a first nation or the Métis Nation British Columbia who is responsible for providing support or services in respect of children, families, justice, housing, or health.”

Our approach to this was to go to the advocates who have extensive experience working with communities, both Indigenous and other communities, to seek their extensive advice, and also to recognize that government previously had done extensive consultation in terms of setting up the regulatory environment. And we, as you’ll see in the legislation, agree that this is a very good foundation.

In fact, we believe that the section (o)…. In part 7, “End of Fixed Term Tenancy,” section 39 of that, called “Eligibility to confirm risk of family violence” in the residential tenancy regulations, section (o), “an employee of…,” is very fine language that gives Aboriginal communities the ability to use local support workers or court workers or justice workers or the Métis Nation to actually be the person making the statement to allow for the lease to be broken.

Hon. S. Robinson: I do have an answer to the member’s previous question about the use of legislative drafters. And it’s about the client-solicitor privilege that the legislative drafters…. The client is the government, not the opposition. Everyone has their own relationship, so that’s why it’s set up the way it is. The solicitor…. The drafters — their client is the third party. That’s the frame, and that’s why it’s broken down the way it is.

[4:00 p.m.]

I also wanted to make mention…. The member asked and commented specifically about Indigenous women. We know that the risk for Indigenous women is significantly greater than it is for other women. That’s why our government has taken a number of steps around, first of all, significant funds for women and children fleeing violence.

I was just in Penticton, for example, opening up homes for women, and the stories that I heard were quite astounding. In fact, there was one woman in particular who told the story of her husband just locking her out with their infant son and not having any place to go and so was grateful to have the opportunity to set up a home so she can raise her child.

The other thing that we’ve done, of course, is housing on and off reserve. That really just gives people, certainly, a home where their community is. That was a significant announcement. We’re still the only province to have done so. Again, we know that when there are multiple families living in a home on reserve, people are crowded. There’s terrible overcrowding, and we need to find a way to deliver the kind of housing that people on reserve need. So our government is doing our part to help relieve some of that burden.

J. Rustad: I actually want to — as an opposition member, sometimes you don’t often get a chance to say this very much — thank the minister for the investments in that. When I had the portfolio for over four years, obviously, with the stories, with the circumstances, I’m appreciative of anybody, any government that has an opportunity to step up to the plate and to be able to help address these situations. Some of those particular circumstances that people had enough confidence to share with me were pretty horrendous, so anything that can be done to help try to alleviate and change those circumstances I think is good.

To that end, that’s why I particularly asked the question around engaging on the Indigenous side, because the numbers are significantly higher than they are in the general population, so for making changes, we want to make sure that it can work effectively for a population that really needs it.

The side circumstances, of course, that come from not having a safe environment, not having a safe…. Whether it’s issues within family, related family members or others is…. Sorry. I get kind of emotional in talking about this, because it is such…. I mean, it’s quite remarkable when I think back on some of the stories, and I wish there was a way I could actually share some of those stories more publicly, simply for the reason that more people need to hear about these things. But they’re not my stories to tell, so I can’t go off and talk about that.

In terms of this act, in terms of the changes that are brought forward in the household violence and that side of things…. I’m thinking particularly about the occupant violence. Sometimes there can be blurred lines around that. I’m just wondering. Are you satisfied in terms of how that’s defined? Or do you think there’s any potential loopholes that could come, given the circumstances? Often, in a situation on reserve, there can be multifamilies. It can be overcrowded. There can be situations that can lead to these sorts of challenges that this bill, hopefully, is designed to try to address.

[4:05 p.m.]

A. Weaver: In section 1, article 1, there’s a very key word here. That is the word “including.”

There’s a definition of “household violence,” and it says this. Let me get the version that’s as amended just so I can ensure that I don’t mess it up. As amended, if the amendment passes, it would say: “…means violence that has adversely affected a tenant or occupant’s quiet enjoyment, security, safety or physical well-being or is likely to adversely affect those if the tenant or occupant remains in a rental unit, including….” Now, the key word there is “including,” because by using the word including, it provides a list of situations covered by the term “family violence,” as is also used in the definition of “family violence.”

Now, family violence, of course, exists in the existing bill. That was what was brought forward by the B.C. Liberals and passed with the support of the House in 2015.

We’ve built upon that. The law is kept inclusive of a range of situations that could fit the broader intent, rather than explicitly specifying which situations would be covered and risk unintentionally excluding — by having the word “including” and giving a list of examples but recognizing that there may be some that, down the road, others might find that might have not been covered within the actual “including.”

This is precisely why it’s so important to move towards the regulations, which I touched upon earlier. Again, these regulations in the existing act were brought forward after extensive consultations by the previous government with reference to the family violence provisions. In those extensive consultations, in which Indigenous communities were included, it was very important and critical to ensure that the experts who could provide the testimony were relevant to the communities on which the violence was occurring. So we commend the previous government — we’ve done this several times — for really extensively canvassing the type of professionals who should be involved in making recommendations with respect to breaking a lease.

The Aboriginal components in there are carried forward into this legislation. So we believe that it’s inclusive. We believe we have the right regulatory framework in place already.

However, under section 3 of this act, you’ll see that there’s a time period proposed to be amended. The idea is that government may go through a consultation process and find that there are some other examples that we might have to consider. So the regulatory environment that is enabled here would also allow government to come up with some other examples as the civil service does their work, if they find some. We’re quite confident we’re capturing it.

Again, just like in 2015, in speaking with members at the time, I think we build legislation. If gaps are found down the road, I’m certain, based on the support we’ve seen on this type of thing, we’ll get to fixing it collectively.

J. Rustad: I want to thank you for that answer. I am happy that I see the wording here using “including.” Including is good, because that means it’s not excluding — right? — if there’s something that wasn’t necessarily in that list. That is helpful in terms of moving through.

[4:10 p.m.]

I’m a little bit curious, though, just in terms of the situation. One of the things that comes to mind sometimes in environments, whether it’s with Indigenous people or not, is…. You may have somebody in a home that is an occupant and that may not be a signatory to rent. They may just kind of be there, legally or otherwise.

I’m just curious in terms of how that sort of situation comes about. If somebody is there for a period of time that may not be a tenant, so to speak…. It may just be somebody in the thing. How is that dealt with and associated with this bill?

A. Weaver: To address the question, there is in the amendment a definition of the word “occupant.” It’s a clarifying definition. It means an individual other than a tenant who occupies a rental unit. I’ll come to that in a second.

Now, if we, then…. What does occupy mean, and what does occupant mean? Well, “occupies,” as used in the definition of “occupant,” has the ordinary meaning here. It’s commonly used in the Residential Tenancy Act, as it is, and also in the Strata Property Act, as it exists in statutes, to describe someone who lives in the unit. However, these amendments do not cover violence towards guests or visitors.

If someone is considered to be an occupant as to the regular meaning in use already in the Residential Tenancy Act and the Strata Property Act, they’d be covered. However, a guest, someone who’s, perhaps, visiting you for a couple of days, would not be considered an occupant. They would not be covered under the act, based on the normal use of the words “occupant” and “occupies.”

J. Rustad: I’m curious about that, just in terms of occupant — I apologize; I don’t have the definition here in front of me — and what length of time before someone changes over from being a guest to being an occupant.

The reason why I ask, of course, is because…. You can get some very interesting situations that happen and that I’ve heard, particularly with Indigenous communities but in other communities. You may have a situation where a brother or an uncle or a friend is being invited to come in and stay for a while, and a while turns into, potentially, many months. So I’m just wondering how that works.

A. Weaver: I don’t want people to change the channel at home. We want to give them something to listen to, as the minister is consulting.

I just wanted to address the member’s questions about process. Anything that’s with respect to the bill, I will try to address as best I can. I am unable to go and talk about the broader implications.

This particular question refers to a time with respect to the regular use of the word “occupy.” That reflects the use in the Residential Tenancy Act and the Strata Property Act, which requires the minister to speak on that behalf. So she will answer this question.

Hon. S. Robinson: And I have an answer. We have third-party verifiers, and they make that determination. Each situation is unique. It’s based on the existing regulations, and that’s the process that has been developed and that’s being used.

[4:15 p.m.]

J. Rustad: I want to thank both members for the answer. As you can see, as I’m working through and thinking about the situations…. I’ve got a number of situations where there have been…. These sorts of issues have been raised in my office, which is why I’m asking specifically about these. That’s one thing about being an MLA. Particularly in a rural area but, really, in all areas, your office tends to get engaged in many, many different circumstances. So the clarity on that is helpful. I’ve had people come in and ask: “How do I deal with this situation?” Anyway, that part is good.

Just a little bit of follow-up in terms of when you go through the list. One of the things that’s in here that I kind of wondered about was where it talks about stalking or following a tenant. Is there a measure, or is there a process that has a reasonable sort of fairness perspective in terms of what that would constitute?

Hon. S. Robinson: Well, I’m not going to wait for the other member, because I’ve got an answer.

Interjection.

Hon. S. Robinson: And he can have another answer. We’ll see if it’s the same answer.

Staff tell me that it’s consistent with the Family Law Act. They just took it right from the Family Law Act, and they’ve imported it into this act so that, as government, we’re consistent.

A. Weaver: And I can provide some value-added commentary to the minister’s response. In fact, there is a criminal definition of “stalking.” The offence of criminal harassment or stalking generally consists of repeated conduct that is carried out over a period of time and which causes those who are victimized in these ways to reasonably fear for their safety. The criminal behaviour does not necessarily result in physical injury. So there is actually a formal criminal definition of stalking, and as the minister mentioned, this is consistent with the family violence act.

J. Rustad: I appreciate that. That’s good. You know, in one of the communities that I represent, there have been cases where information has come forward and has not actually been able to play out because of circumstances, whether it’s proof or otherwise. That’s why I’m sort of asking about that in terms of where that line may be. So if that line is the same as it has been in the other laws, that’s good.

I kind of assumed that would be the case, but I just wanted to make sure — not so much on the stalking but just on the following side — because you do get these situations where sometimes a family member or friend or perhaps somebody who used to be a friend will make an accusation and base it on various components. You never know. Sometimes those accusations, of course, don’t follow through in terms of getting to a place where somebody is actually held accountable for that sort of thing. Like I say, that’s why that was one of those things that stood out for me when I went through the bill, and I just wanted to be able to have the clarification around that.

I’m trying to think through the amendment that you had. In the situation that I’ve outlined…. So it is not exclusive. It’s inclusive in terms of the process going through. There will be regulations or the potential for regulations to be made through this process. Is there going to be a process in terms of those regulations similar in terms of engagement and discussion? Once again, obviously there’ll be lots of people that’ll be very interested in this component. There are many groups that are engaged in and concerned on this side. I’m just wondering how that process will go through so that people don’t have a sense of there being an exclusion or something that might be missed.

[4:20 p.m.]

Hon. S. Robinson: We would absolutely consult and perhaps build on the work that’s already been done and undertaken in order to make sure that we can cover off as much as we can as part of the regulation. It’s really important that we consult with these groups and others so that we are as inclusive as possible and that we can make sure that this works.

At the end of the day, it really is about the people, the people that find themselves in dangerous situations and in frightening situations or in unsafe situations. We want to make sure that they have the ability to get to safety, and this is another way to do that. So we want to make sure that we’re as broad as we can be. Consultation is a key component of developing these regulations.

J. Rustad: I’m glad to hear that. That’s an important piece. Just curious as well, though, in terms of issues of mental health — these types of things that can happen that can sometimes be viewed from one perspective but may not be because of the situation. I’m just wondering how that plays into the definitions and the process that is outlined here in the bill.

A. Weaver: I’m wondering if we might get some clarification from the member as to what he means with respect to the issue of mental health. Is the member asking about what would happen if a tenant was undergoing a mental health crisis? Or is it about a perpetrator who may have mental health issues or an occupant who may have mental health…? We’re a little unclear as to what the member is meaning with respect to mental health.

J. Rustad: I was referring to an occupant or a tenant that may have a mental health situation that could create an environment that may not necessarily be threatening or otherwise but may be perceived that way — and just how that sort of thing would be handled.

A. Weaver: Thank you for the clarification. In the section 1 definitions, there is something there that talks about “(d) psychological or emotional abuse of the tenant or…occupant.” Let’s suppose hypothetically that there are two people sharing a lease. Let’s suppose they’re two students, and they have a two-bedroom condominium, and they’re both on the lease. One of the students suffers some mental illness that makes the other student feel very unsafe.

The other student has the ability to go to the third-party validators, such as counsellors, mental health professionals, psychiatrists to seek an opinion as to whether or not this would allow them to break the lease. If they get third-party validating certification, they would be able to break the lease because of a perceived threat under section 45.1(d) with respect to psychological or emotional abuse.

[4:25 p.m.]

Or it could actually be a worry about a threat of violence. Let’s suppose, hypothetically, there was a concern that a student with you stopped taking medication with respect to schizophrenia or something like that. You might imagine that you might feel unsafe on a lease, and a third-party validator would allow a person to break a lease. So we believe it’s captured in the existing definitions.

J. Rustad: I’m chuckling a little bit. This is obviously a very serious issue. But the first thing that came to mind, of course, was Big Bang Theory.

Interjection.

J. Rustad: Oh, you did? Okay. I’m sorry. I won’t go there, Minister, but that’s okay.

My apologies, Madam Chair. This is obviously a very serious issue in terms of it. A little bit of humour as we go through this process is always nice to be able do, but I certainly don’t want anybody taking it out of context in the seriousness of the issue.

In terms of going through, it looks like this has gone through and been able to capture the circumstances certainly that I have run across in my time and privilege of being an MLA and certainly the issues that I’ve dealt with as being minister and the kinds of things that would come up.

I’m happy to see that is in place. I don’t think I have any other questions on section 1.

A. Weaver: I just want to formally acknowledge how important I think it is to bring humour into discussions like this, so I appreciate the candour. It is a very serious issue. I agree with the member. But when the member referred to Big Bang Theory, it brought back just as many memories to me too. So thank you for that reference.

Amendment approved.

Section 1 as amended approved.

On section 2.

A. Weaver: Thank you for the patience of the member opposite as I introduce an amendment to this section. The amendment to section 2 has been standing in my name on the order paper for quite some time, a couple of weeks now.

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

2 Section 45.2 (1) (b) is amended by adding and, if applicable in respect of household violence, the occupant and the occupant’s circumstances” after “the tenant’s circumstances”.the following subsection:

(4) If the regulations do not provide for the making of a statement under this section in relation to occupant violence, a person’s authority under this section to make a statement in relation to family violence is deemed to include the authority to make a statement in relation to occupant violence.]

On the amendment.

A. Weaver: What the amendment does is as follows.

The original intent of section 2, Residential Tenancy Act, section 45.2 in my bill, was to extend a person’s authority to make a confirmation statement in relation to family violence to include the authority to make a confirmation statement in relation to household violence as well. The amendment still accomplishes that policy goal but, again, with different language that aligns with the feedback that we received from the ministry.

Instead of specifying that “If the regulations do not provide for the making of a statement under this section” in relation to household violence, “a person’s authority under this section to make a statement in relation to family violence is deemed to include the authority to make a statement” in relation to household violence…. My staff have talked extensively with the ministry about adjusting section 3 to build in the time necessary to consult and adjust the regulations directly, which would make this section as I originally drafted it essentially redundant.

We accepted that, and this amendment text is added to the end of section 45.2(1)(b) to clarify…. Is that an l or a 1? If it was written as an l, I can assure you that a few years from now, there’d be a very fine legislative drafter who would pick up the error, and we’d have a misc stats bill, because we actually changed one of those recently — an l to a 1, or vice versa.

In this amendment, the text is added to the end of section of 45.2(1)(b) to clarify that for household violence the occupant and occupant’s circumstances can also be considered by the third-party validator when they are evaluating the tenant’s situation.

For example, if your roommate or child is attacked by your neighbour, even though it is not specifically about you as the tenant, it is reasonable to expect you may need or want to leave for a safer home. So the amendment that I’m proposing is as follows. It reads this: “45.2(1) A person may make a statement confirming a tenant’s eligibility to end a fixed term tenancy under section 45.1 only if the person (a) is authorized to do so under the regulations” — that we referred to earlier — “and (b) has assessed, in accordance with the regulations, the tenant and the tenant’s circumstances and” — this is new — “if applicable in respect of household violence, the occupant and the occupant’s circumstances.”

Here the amendment is clarifying, tightening and ensuring that it’s inclusive as well.

[4:30 p.m.]

J. Rustad: I have no real concerns on the amendment. The amendment is fine. I’m actually just curious, once again, about the process with the legislative drafters — just that process that went on and how that came about.

I guess I understand the legislative drafters’ job is to put that forward, but I’m just wondering: wouldn’t there be a better way, so that wouldn’t have to go back…? I just want to ask a little bit about that process and how it came to this amendment of change.

A. Weaver: I’ll go through the process. It’s very similar to the previous process. Of course, we put the bill, through that process that I won’t really go through, onto the order paper, after we consulted with our legislative drafters. It’s at that point that ministry staff, ministry lawyers and ministry drafters were able to see what we entailed, and they provided feedback.

One of the things we did there is we felt that the regulatory environment associated with family violence, brought in place by the former government, was very strong. We felt that that language and that regulatory environment could carry right across into household violence. What we did, initially, was to ensure that if government didn’t come up with a regulatory environment, this one would fill in. We would ensure that there was a default — which, in essence, was what was already on the books applicable to family violence.

However, my understanding, in consultation between staff, was that government agreed that the regulations that had been brought in place by the former government were very strong. They believed that it was a foundation on which to build, as opposed to one to replace. We accepted that, and we thought this was no longer necessary — and, hence, redundant. So we removed that by simply clarifying.

It was really a process of us putting the bill on the order paper; the government looking at it, providing us feedback; us responding to that feedback; a discussion about the importance of the regulatory environment brought forward by the previous government; and agreement by both government and the Third Party that these were the foundation, not something to be removed. So the text was redundant.

J. Rustad: I want to thank you for that explanation. Just a procedural question, if I may. I’m just wondering. We talked about this a little bit before. Do you actually have to have it on the order paper as a bill before the ministry’s legislative drafters can look at it, or is it possible to provide a draft through a process? I’m just wondering if it has to actually be on the floor before you can get that input.

A. Weaver: Our procedure that we identified was we tabled, at first reading, the bill. I stood at first reading and tabled the bill. That was the first time that government saw the bill. Because of the fact that our legislative drafter that we have access to cannot — because of, I guess, client privilege — interact with the government legislative drafters, the communication between them did not occur until after. Well, it really never occurred directly between them. Our communications only took forward once our bill had been tabled at first reading.

[4:35 p.m.]

It was the feedback and ongoing discussions with ministry staff and our staff that led to the amendments put on the order paper a couple of weeks ago. That was us. It was only at that period that we knew what the feedback from their legislative drafters was, relative to our legislative drafters.

I tend to agree that maybe there are other processes involved, but this seems to have worked well. It was very collaborative. It was very consultative. It was very rewarding, actually, to get the feedback. Honestly, I think that having a diversity of views on the same piece of legislation and feedback from a multitude of legislative drafters led to a tighter and better piece of legislation.

J. Rustad: I agree with the member, actually, on the process going through. The question I had, though, was just whether or not there was another way to do that, whether or not there was a way to be able to provide the minister with a draft copy to, potentially, look at and whether or not there was any potential to do some of that work. Not that it can’t be done this way. Obviously, this can be done, and this bill can be moved forward, and the amendments can be brought forward and this kind of stuff. I’m just wondering if there was a way to be able to have that collaboration, sort of as a process, before it was officially on the floor, just from a technical perspective.

Hon. S. Robinson: Well, I suppose one way that it could have been done more efficiently is to introduce it as a government bill, right? Then we’d just have government legislators that we’d bring it by. The intent of the bill still is kept whole. This was a different exercise and a different understanding and agreement that this would be a private member’s bill. Again, because we have this division of solicitor-client privilege, it’s about keeping it separate because the legislative writers work for government. Government is the client. They can’t work for both opposition and…. That why it’s separate.

I don’t disagree; maybe there is another way. I don’t know. Like I said, this is the second time that we’re doing this, this session. The most efficient way, I think, is for government to say: “Well, let’s just pull it into a number of changes that we’re doing. Let’s just add it in and continue the consultation. Is this the intent?” But we only use one set of legislative writers, drafters, who’d do it, and that would be the government drafters. Of course, they have the history. They’re most familiar. They’re special folks. The Residential Tenancy Act — they know it well. They know how it interfaces with all the other acts. That would be, certainly…. Just have government do it, and use resources a little bit differently.

J. Rustad: Thanks to the minister for that. That’s why I was just wondering. I guess if it had come forward from a private member who asked the minister to have a look at it…. In order to do that, it would basically have had to become a government bill. That is unfortunate, of course, because there’s a lot of work and effort that goes into it from a private member, whether it’s the Green Party or other members of the House, right? The recognition, obviously, needs to be there or wants to be there — right? — in terms of that work. You’re working hard on behalf of constituents on issues that come up. I get that.

Okay. I just wanted to understand that better in terms of why that couldn’t have happened that way. I really appreciate your taking that question and providing an answer.

Amendment approved.

Section 2 as amended approved.

On section 3.

A. Weaver: I thank the enthusiasm from government members who are….

Interjections.

A. Weaver: On this point I’d like to also move an amendment that’s on the order paper. You’ll notice that the section 3 amendment has been on the order paper for a couple of weeks.

[SECTION 3, by deleting the text shown as struck out and adding the underlined text as shown:

Commencement

3 This Act comes into force on the date of Royal Assent. by regulation of the Lieutenant Governor in Council or on the date that is one year after the date of Royal Assent, whichever is earlier.]

On the amendment.

A. Weaver: This may seem to be somewhat unique, and it is unique in the B.C. context to amend it as such. But this type of commencement language is actually quite common with bills in the Senate, federally — in particular, opposition bills in the Senate — and the federal parliament.

[4:40 p.m.]

We have a very different process federally for debating private members’ bills than we do provincially. We’re kind of learning it here, as we move forward, provincially.

The idea here is that…. We recognize that government needs to take some time to reflect upon the regulatory environments and do some consultations. That will take some time. The one year is a backstop. This is an important issue. It’s a very important issue for a large number of people. So the one-year backstop means that government has a full year — we believe that’s entirely reasonable — to bring it into force, to do the consultation and to make any regulatory changes. That’s why we have the backstop at one year. Otherwise, it’s just an order-in-council, which is a typical thing that we see on most bills here in British Columbia.

J. Rustad: I think it’s probably the first time I’ve ever stood up and asked a question about commencement.

Interjection.

J. Rustad: Exactly. It’s a dawning of a new age.

Actually, I am curious about this. I have never seen this in the years that I have had the privilege and honour of serving my constituents and of being in here debating bits and pieces of legislation. I’ve never seen one that has had the either-or, a one-year sort of thing.

I guess I could see, in the potential situation where you didn’t want to lose the bill or have the bill kind of get hung — maybe there’s an election or a change of government or these types of things — having that in there. I also, of course, see it’s implemented by regulation or through an order-in-council, the Lieutenant-Governor-in-Council.

I guess the question is…. The bill, as it is…. There’s regulation that can be created and put in place, obviously, and that needs to be put in place. There’s consultation and work that will be done around that. Why is there a need, then, to actually have the division here, as opposed to just having it passed upon royal assent?

I’m just wondering. If it’s passed by royal assent, the government still has the ability and the need to be able to go forward and create the regulations and the process that’s happening. So I’m just wondering why that was put in.

A. Weaver: From our perspective, we felt we wanted to give government the time to develop the regulatory environment. It’s more difficult for us, as an opposition caucus, to know exactly what’s entailed in terms of the regulatory environment. Our worry, by putting it at royal assent, is that we would have not given government that time.

The member is absolutely correct. The rationale for a year is…. Again, it comes from the federal Senate and the federal parliament. It’s very common there for private members’ bills to have that clause. The idea there is exactly as the member identified. If government…. Let’s suppose, hypothetically, an election happened. Let’s suppose there’s a change of priorities, and this falls on the back burner. The one year, actually, is a backstop there.

We just wanted to give government the time to do the background. That was really the rationale for why we did it. I think it’s a part of collaboration. We didn’t want to force them into something. We wanted to allow them to reflect upon it and bring it in, in a timely fashion. There is an element of trust there. I recognize that. But we also have the one-year backstop.

Hon. S. Robinson: I have a couple of responses to the member’s question. The first one is that we need to remember that this is about people. Yes, it’s a piece of legislation that the member for Oak Bay–Gordon Head worked really diligently on with his staff. I want to thank them for their work. We need to make sure that…. What does it mean for people?

The concern…. When you bring it in on royal assent, people think it’s already in place, when, in fact, the regulations haven’t even been formed, and there’s still some work to be done. So this is a way to say: “We’re not quite there yet. It’s a law, but there are still some regulations. In order to make sure that everybody understands how to use this, we need to make sure that we have the regulations.”

I know that there was some discussion about the one year and the regulation. I can appreciate wanting to make sure that there’s a backstop, but we’re committed, as a government, to make sure that we have the pieces in place for these people who find themselves in untenable situations. That’s what this is about.

We keep going back to: so what does this mean for people? By doing it on royal assent, the concern is that people will think that it’s raring to go. We haven’t really fully built it out yet, and we need the time to do that.

[4:45 p.m.]

J. Rustad: I thank you both for the answer with regards to that. It was a little different to see.

I actually want to thank staff and the member for bringing this thing forward and government for recognizing its importance and bringing it forward, too, because it is about people. As I mentioned at the beginning, I get quite emotional about this issue because of all of the experience, all the things that I’ve had an unfortunate opportunity to hear about and to be involved in and see. So thank you for the work on this thing. Certainly, if there’s anything I can do as you’re developing regulations and bringing this thing forward, I’d be happy to be engaged and involved in it.

Hon. S. Robinson: I want to thank the member for his questions. I’m assuming that he doesn’t have any more.

I want to thank my staff Wendy, Tyann and Greg for being here. I know it wasn’t easy for the two staff groups, because it took a lot of bodies to figure out how to make this work. What I’m most proud of is that we always kept people at the centre of it — who is it we’re talking about? What is it they need from their government, broad government? — in order to deliver for them. So I want to thank the people that are sitting behind me, the people who are sitting at the end here, for their hard work in bringing forward good policy.

A. Weaver: In the spirit of that, I would be remiss if I were not to thank both the minister and her staff for working with us on this, the member for Nechako Lakes for his line of questioning, and of course, my amazing, incredible staff, Claire and Evan. Claire really put her heart and soul into this project, and I think what we’ve seen here is a testament to the good work that she does. Thank you to everybody for bringing this forward.

The Chair: Although everyone has made their concluding remarks, we still have a couple of votes here.

Amendment approved.

Section 3 as amended approved.

Title approved.

A. Weaver: I wish to thank the member for Powell River–Sunshine Coast for his enthusiastic ayes.

With that, I’d like to move that the committee rise and report Bill M206 complete with amendments.

Motion approved.

The committee rose at 4:47 pm.

Committee of the Whole House

BILL 22 — FOREST AMENDMENT ACT, 2019

(continued)

The House in Committee of the Whole (Section A) on Bill 22; J. Rice in the chair.

The committee met at 5:08 p.m.

On section 19 as amended (continued).

J. Rustad: It’s unfortunate to have a break in that where it breaks up — certainly not on the records — the conversation that we were having with regard to section 19 in particular and the records. There were some questions I had on that that I think will come up in section 20 around utilization and restrictions on utilization of the information.

I apologize if we’re taking a step back with this. But I think I remember, when we were speaking, the questions around this. I was raising some concerns with regard to the amount of information that was required to be collected — the reporting. Maybe I’ll start with this, just ask for some clarity, because I’m just trying to refresh my mind.

[5:10 p.m.]

I believe the minister said the reporting requirement was with the tenure holder, in terms of reporting that information out to the Crown, not the contractor. Maybe I’ll start with that, just to get a confirmation from the minister on that.

Hon. D. Donaldson: Yes, to confirm, that’s what we put on the record yesterday. The reporting requirement is with the tenure holder in the case of timber harvesting.

J. Rustad: I’m just wondering, then, why…. In 136(2): “This section applies to the following persons: (a) the holder of an agreement under this Act,” which obviously would be someone who has tenure. But then it says: “(b) a person who harvests timber; (c) a person who buys or sells timber; (d) an operator of a timber processing facility; (e) a party to a fibre supply agreement; (f) a prescribed person.”

If a requirement for information is from the person that has the licence or that has the tenure, why is there a requirement…? Why is there a list of people, then, associated with the information that’s to be collected?

Hon. D. Donaldson: Because you can be an agreement holder and not be the harvester of the timber. The new provisions will provide regulation authority to capture persons or classes of people who engage in buying or selling of timber in relation to secondary processing, as well as the other people in the subsections 136(2)(a) to (e).

J. Rustad: Once again the reason for asking the question is if there is an activity that happens to the tenure — whether it’s logging or whether that is buying or selling, etc. — I’m assuming that activity is what the minister is looking for to be reported. Why is it looking for a person who harvests the timber as opposed to the activity of the actual tenure itself?

Hon. D. Donaldson: Simply because it’s the person who has the obligation to undertake the activity and, therefore, report the information as required.

J. Rustad: So the person — for example, a person harvests — then has to report that information to the licensee or to the tenure holder. I think this is what the minister has said, right? And then it’s the tenure holder’s responsibility to report that information to the ministry.

Who, then, is responsible for holding somebody to account for the accuracy of that reporting? If it’s the individual that’s out, the faller that goes out and is working on a block on a cutting permit and falling trees, and they report…. I mean, obviously, what this seems to be saying is that person has to report, then, to the tenure holder. Who has the obligation to ensure the accuracy or the thoroughness of that information is being presented appropriately?

[5:15 p.m.]

Hon. D. Donaldson: There are cases, obviously…. The member knows this from his experience up where we live, in the northwest. The licensee, the tenure holder, might subcontract some of this work. In those subcontracts, the contractor’s contractee has the information to be accurate in order to fulfil those subcontracts, so that information is available to the tenure holder on an accurate basis through their business relationship with subcontractors.

Obviously, they want to know that the subcontractor is doing what is necessary under the contract. As well, we have, under…. Our pricing branch has its own audit function, too, as far as the ability to assess the information coming in. But I think the member’s question was on the accuracy of the information that’s coming forward, and that’s through that business relationship between a licensee and whomever may be doing the work.

J. Rustad: I thank the minister for the answer. The reason why I ask is…. People are out working the land base, and I’ve been out logging, and I know the minister has some forestry background as well. You know, you go through, and you harvest. If an individual who was out harvesting timber or out falling timber, says, “I think I felled” — pick a number — “1,000 trees,” or whatever the case may be, I’m not quite sure how that translates into how much volume comes across the scale or how that’s rationalized.

I’m just wondering, in terms of the information that is being presented, how that information is supposed to be presented and in what form and how that information could be collected and potentially rationalized.

Hon. D. Donaldson: The areas that the member mentioned — waste assessment or cruise data or scaling data: that’s not what’s being addressed in this section of the act. That’s addressed in other parts of the act that aren’t being amended whatsoever. What we’re interested in here is what’s laid out in section 136(3)(a).

[5:20 p.m.]

The question around the volume of timber harvested. Well, the tenure holders have logging supervisors. They know the volume that has been brought off a cutblock. That’s what we’re interested in. The waste assessment is something totally separate from this section.

J. Rustad: I wasn’t referring to waste assessment. Under 136(3)(a), one of the things that it talks about is the volume of timber harvested. The volume of timber harvested between somebody that ends up processing or hauling may be different from an estimate of a volume from, as described under section 2, a person who harvests the timber. So I’m just wondering how that reporting is rationalized.

Hon. D. Donaldson: I think it’ll help just to clarify that this is not new information. This is information produced already, as part of a normal course of business.

In fact, some of the information that the member is referencing under this section is already in the existing Forest Act. For instance, the existing “Records and returns” of section 136 refers to a person who is harvesting timber “must keep accurate records.” Another part of 136, existing, is: “The following information must be reported…(a) the volume of timber harvested.” In those cases, that’s already captured in the act, and that kind of information is already being provided to the ministry.

J. Rustad: Well, section 136 adds requirements respecting the keeping of records and the reporting of information required to be kept. Obviously, if this was already existing, I’m not sure why it’s in there, in terms of the requirement. So perhaps the minister could give a little bit of an explanation of that.

Also while you’re looking at that side of it, under 136(4), it says that a person referred to under subsection (2), which is, once again, a person who harvests trees or one of the other activities that are in there, “must report to the minister, in the form and manner and at the times required by the minister, information recorded under subsection (3).” So that’s why I asked earlier about it being the tenure holder that does reporting. Yet under subsection (4), it appears that it might be the person who actually harvests the timber who has to do the reporting.

I’m just wondering — those two rationales — why there’s quite a bit of it in this section and why there’s the difference between what seems to be written in under (4), versus what was described by the minister when we first started the questioning here today.

[5:25 p.m.]

Hon. D. Donaldson: Perhaps this will be an easier explanation. It was more of an efficiency in drafting to repeal the entire section and then bring it back — that’s why it appears to be added — with some of the parts of this section 136 amended.

The subsection (4) that the member refers to is the same as the existing bill. The part of the section that was added is under 136(1) about fibre supply arrangement.

J. Rustad: It still leaves the question with the minister…. When I asked, originally, here today — I stand corrected if it wasn’t — what I thought I heard the minister say, when I went to those people that…. The person required to do the reporting was the tenure holder, in terms of reporting this information up to the minister, in section (4). I may be wrong on this, but I think the minister agreed that that was the case. In section (4), it says: “A person referred to in subsection (2) must report to the minister….”

I’m wondering what the difference is there.

Hon. D. Donaldson: First of all, this is wording from the bill as passed by the previous government. So perhaps the member might have been part of creating that act back in 2004. I’m not sure.

To be clear, section (4) simply refers back to section (2). We’ve given the interpretation to the member. Section (2) applies to tenure holders or holders of the agreement — the other categories under sections (2)(a) to (e).

I believe the member, and he can clarify, is getting at who is — and we’ve had a discussion on this — actually responsible for providing the records to the minister. His concern seems to be that it might be a person who isn’t normally responsible for collecting that kind of information, especially in reference to a person who harvests timber. What we’ve said is the intent of 136(2)(b) is that it’s the tenure holder.

The Chair: Member. I almost called you minister.

J. Rustad: That’s okay. You know what? We’ve been back and forth on this through estimates and through this. The next thing you know we’ll switch chairs too.

Come on over.

Interjection.

J. Rustad: Well, I was thinking it might be the other way around. Sorry. A little bit of humour as we go through the day. These days do get to be long after a while.

I thank the minister for that. The reason for asking, of course, is…. I’ve been involved in logging. I’ve done lots of things, everything from falling to skidding to working on a landing, in terms of activities associated with the harvesting of timber.

[5:30 p.m.]

When it says “a person who harvests timber,” I’m assuming that’s an individual that’s involved in the actual fieldwork, the work that’s happening on the ground, whether it’s harvesting or other components that work on this. According to section 4, it says that that person “must report to the minister.” That’s why I’m asking for the clarification.

Further down when it talks about transportation “by any means” or these types of things, it gets very specific around various components of work that gets carried on in the field — hence asking the question. Obviously, in your situation, if it’s somebody who has a tenure and they’ve got to report out that they’ve harvested wood, I understand that. They’ve got to report out that they have transported the wood. I understand that, too, in terms of the activities that happen under tenure.

When it comes down to an individual or a person that is actually engaged or active in these activities, it seems to be unreasonable that that person would be required and must report to the minister with regard to that person’s activities — hence why I’m asking these questions.

Hon. D. Donaldson: I know we’ve covered this ground at length. The member wants some answers, and I’m providing them.

The instance that we’re talking about here is that the harvesting people are doing the harvesting — for instance, under subcontract. They’re reporting to the tenure holder, and we’re requiring that the tenure holder aggregate the information and report it to the minister. That’s the way it’s been working up till now, and that’s the way that this section is intended to remain and read.

We’re not interested in the operators of skidders and harvesting machinery to be reporting information directly to the minister. This section reads for us that that’s the kind of information we expect they’ll be providing through their business dealings, under the normal course of business, to the tenure holder, and the tenure holder is the person that will be reporting it to us.

J. Rustad: Thanks, Minister, for that. I kind of assumed that would be what it is. But as the bill reads, it could be confusing in terms of that. I’m just wondering whether or not the minister would consider amending part 4, 136(4), just to say that, as opposed to “a person,” and refer to it as a person who holds the tenure of one fashion or another. I’m just wondering whether that would help with creating some clarity around that requirement.

Hon. D. Donaldson: We’re not contemplating any kind of amendment to section 4. The way it’s been worded in the act as existing is the way it’s been applied to date. It’s providing clarity for those who have been operating to date and supplying the information to date.

[5:35 p.m.]

I’ll also point out that in section 4, there is the flexibility by saying at “times required by the minister.” So it’s not necessarily all the time. It’s up to the discretion of the minister. It’s been working since 2004, when the bill was introduced by the previous government, and we’re comfortable with that part of the wording for that part of the section.

J. Rustad: I can’t remember if I mentioned this before, but no, I wasn’t around in 2004. I was first elected in 2005, so this does predate my time in terms of the act. But I almost went back that far.

Anyway, I think that provides some clarity around persons harvesting. I didn’t ask this earlier, but it’s just come to mind, so maybe just one quick ask for some clarity. We talked earlier about pulpwood agreements. We talked about woodlot licences. We talked about Crown tenures. I’m just wondering: does that also include community forests, forestation woodland tenures and these types of tenures in terms of the requirements for records and information that is being requested?

Hon. D. Donaldson: Yes. That is correct, and that is the existing situation as well.

J. Rustad: Thank you to the minister for that. It just popped into my mind as we’re talking about this, as the AGM for the community forests is coming up. I think the minister is talking to the community forests, and I plan to attend that as well. I just, like I say, wanted the clarity around that.

With regards to the records and the process that’s being collected and the information, I understand the volumes of timber. Transportation, by any means, of harvested timber — just curious: what is the purpose of collecting the information around…? So if wood is harvested, if you’re out harvesting 100,000 cubic metres of wood, clearly that would require to be transported at some point. Otherwise, it’s going to be in the woods and left behind as waste and all those other things as part of it. I’m just wondering why that is a piece of information that’s being looked for.

Hon. D. Donaldson: These are the same requirements as exist currently. When the log, after it’s been harvested, is transported, then there’s added…. We want to capture all the costs associated with that. It might be skidded and loaded onto a piece of equipment taken to a load-out facility on a lake, transported down the lake, reloaded, put on another piece of machinery, taken to another reload and put on a highway vehicle and taken to a mill. We want to know and understand those kinds of activities because we want to make sure when it comes to assessing stumpage, for instance, whether that stumpage is too much or too little. We have to understand the transportation linkages after the timber is harvested.

[5:40 p.m.]

J. Rustad: Thank you to the minister. In looking at the costs of each of the following: transportation, the construction, maintenance…. Obviously, there’s a lot of information that’s being collected in the cost structure, and that is an important piece in terms of the work. I guess it makes sense to collect this information, and it makes sense, as well, from the stumpage perspective in terms of going through and determining whether the stumpage needs to be adjusted or set — or whatever the case would be on those. I mean, those are put forward, I think, as part of the application for a cutting permit.

The reason why I was twigged to that is that when I was looking at Bill 22 and the intent of Bill 22, which is not necessarily around stumpage and stuff — those sorts of components — but around transfer tenures and these types of issues…. That’s why I looked at it, and I went: “What exactly did this have to do with the transfer of tenures and the information associated with it?”

I assume the minister will be able to stand up and just say that it’s a part of the rewrite, that it’s just a continuation in the act, but is any of the information that’s being collected here relevant to the tenure, the transfer of tenure or the provisions that have been added to the Forest Act?

Hon. D. Donaldson: As I explained before, much of this section was deleted and then put back in, and some of it is the same as what was in the existing act, and “fibre supply arrangements” was added. This section around the kind of information that’s collected, under (3), is information that’s collected currently.

The rigour with which we’re collecting the information, as well as adding fibre supply arrangements, is necessary not just for as it relates to things like stumpage or as it relates to things like tenure. Bill 22 is more than just about tenure. It also has the whole section about collecting information, and that information isn’t simply in regards to tenure; it’s in regards to collecting better information so we can make better forest policy as stewards of a publicly held natural resource.

As well, this information is important for assessing things like the public interest test. We have to understand the overall perspective of companies that do want to undertake a disposition of tenure — what they’re facing from a cost structure — in order to better apply or understand the public interest considerations too.

[5:45 p.m.]

J. Rustad: I want to thank the minister for that, but it does raise a little bit of a question. I want to provide the minister, if I may, with an opportunity to perhaps expand on that a little bit in terms of how the harvesting, silviculture, maintenance of roads, bridges…. The day-to-day operations of harvesting, of turning tenure into products, into jobs and into revenue for the province — how do those components in here relate to public interest?

Hon. D. Donaldson: I’ll just give one example; there are probably many. Just in order to flesh it out a bit more for the member — if a disposition is being proposed by a company and the proposal is brought to us and it’s been proposed, for instance, as an efficiency gain for the company in order to have better efficiency for bringing logs from a certain tenure to their mill, then we must be able to understand that. We must be able to understand that through the costing information that is being requested and required under the legislation.

J. Rustad: I appreciate understanding the costing structure of wood coming in and that whole side of it. I’m still curious, though, how that relates to public interest.

Hon. D. Donaldson: As I laid out in answers yesterday, part of the public interest test is around communities’ interest. If a company is coming to us with a proposal around a disposition and they’re making the argument that it’s in the public interest — because if we don’t have this disposition approved, it will make it less financially viable to keep a mill running in a town — then we need to be able to access the information from the company to understand that financial argument. The argument would be that it would be in the public interest to keep the mill running for a community.

J. Rustad: That’s helpful. I do understand that if a company is looking at a disposition or an acquisition of fibre and they want to make the case that it’s in the public interest, then I’m sure they would provide the minister the rationale in terms of the cost structure and the benefit in terms of the mill and that side of things. That, I’m assuming, is one of the things that a company would do to try to make the case and bring forward to the minister in terms of how they’re meeting the community interest.

I’m thinking of the example of Houston and Quesnel and the swap that was in there when West Fraser closed the mill in Houston and Canfor closed the mill in Quesnel. They swapped timber associated with that. Obviously, the price would be down. They’d be able to provide that wood to their local mills in their opposite communities at a more affordable price. Hence the rationale for why they decided to do that swap.

[5:50 p.m.]

I’m curious, in terms of the information collected and being able to meet public interest…. If the company needs to put forward and make that case, the company would provide that information. I’m curious as to what the ministry would do with this information — on a broader perspective, not just on where there is a potential tenure issue of a purchase or sale of tenure — in terms of trying to assess public interest.

Hon. D. Donaldson: How the information that’s collected under section 19, under the 136 in the act, is used is in section 20.

J. Rustad: Thank you for that. We can get to that, I suppose, in section 20. When the minister mentioned the example…. That’s what led me to following up with the question here, as opposed to waiting until we get to section 20 for the bill. If the minister wants, I can repeat the question. But if you want to be able to provide the answer now, it might be just more convenient, as opposed to me having to go through and restate the question.

Hon. D. Donaldson: The proponent who is proposing a disposition, for instance, comes to us with their numbers. We want to be able to verify those numbers. For instance, without the added amendment in 136 around fibre supply agreements, we might not have a full understanding of how those impact and that information impacts the costing and the further information under (3). It’ll also give us the ability to acquire specific information of the company, not just in aggregating information.

So the provisions now, under this proposed bill — and, again, we’re going to get to this more in section 20, I believe — will enable us to have more ability to verify the numbers that are being presented in a business case.

J. Rustad: I appreciate that in terms of verification. That’s helpful in terms of the information that is being collected.

I guess the question is, in terms of that particular section…. The intent of the bill in terms of the fibre agreements or changes, whether it be distribution, purchases, sales, etc., of a tenure…. I understand the context of it. For managing of issues such as stumpage pricing, I understand how that information is important to be collected, as well.

[5:55 p.m.]

I’m just curious. The information has been collected in the past. In terms of this going through, are there any other purposes that this collected information is being used for? What I’m thinking about, in particular, is…. Forestry is obviously very complex. There are a wide range of issues out there, everything from forest health issues to transportation to roads, the type of weather off highway or highway logging, etc.

Has the ministry compiled this information, looked at this information to do any other types of analysis around the industry that may ultimately come back and be used as a comparative to information that is being collected or used or considered as part of a potential disposition?

Hon. D. Donaldson: In the next section, we’ll get to the sharing of information, for instance, that the member might have some concerns about. But I believe his question relates to how the information will be used within the ministry. All I can say is that accurate information is important for the effective management of, and policy development for, the forest sector and also contributes to regaining public confidence in government stewardship of public forestry resources.

The information we collect will be protected, but the more information we’re able to collect around the activities on a public asset — that is, the forests — then the better we will be able to develop policy for the forest sector and for the effective management of that publicly held asset.

J. Rustad: I wonder if I may I request just a quick recess.

The Chair: I’ll call a quick recess.

The committee recessed from 5:57 p.m. to 6:07 p.m.

[J. Rice in the chair.]

The Chair: The member for Nechako Lakes on section 19.

J. Rustad: Thank you, Madam Chair, and thank you for that brief recess.

As we look further down in section 19, in particular with respect to the timber processing facilities….

I guess that maybe just before I get into that, a question occurred to me in 136(2), where it talks about an operator of a timber processing facility. There’s obviously significant information that could be relevant to somebody operating a facility versus somebody having the tenure. I think we talked earlier about how the intent is the tenure holder being the one to present and report information. So I guess the question is: how do you deal with the situation where you have a tenure holder versus an operator of a timber processing facility?

I’m thinking about this not only from a perspective of an individual that may have a tenure that sells volume, but as you are well aware, in the forest industry, there are many situations where mills swap timber. Different types of size wood will go to a facility that might not even be within an existing company. It may go to a different company. In return, they get some wood back. This sort of practice is common in the forest industry. So I’m just wondering, in terms of that information collected and the requirement in terms of an operator of a timber processing facility, how that information would be parsed out.

[6:10 p.m.]

Hon. D. Donaldson: Subsection 2(d) can apply, obviously, to…. There are mills that don’t have tenure, so there could be an operator of a timber-processing facility that acquires all its volume on the market. We’re interested in capturing that data, as it stands now, as well, and we’re also interested in data from those timber-processing facilities.

So when the member talks about log swapping — those kinds of things — obviously, those costs of those logs will be monitored and brought into the database of a timber-processing facility. That’s the kind of information that is required to support overall policy development, development around market pricing of Crown timber, economic analysis to develop and monitor forest policies, as it is now.

J. Rustad: I guess it just goes back to 136.4 and the conversation that we had around the tenure holder being the one responsible in terms of making sure this information is collected and reported versus an operating facility. When you look further down, under (3), where it talks about the cost of processing timber, etc., there may be reluctance by an operating facility to be able to provide that information to the person who has the tenure. There also might be the situation where it’s pretty hard to parse out what that cost would be for a few loads of wood that come in, in terms of a swap. So how is that handled?

Hon. D. Donaldson: When we were discussing section (4), the member’s questions were specifically around how section (4) related to (2)(b) especially. We already talked that out, that that was specific for us. The intent is around a tenure holder. The other areas of section (2) — some of them don’t necessarily relate to a tenure holder.

We’re not expecting an operator of a timber-processing facility who doesn’t have tenure to supply their economic data to a tenure holder that they’re not affiliated with. That’s not what the intent is. We respect the confidentiality of business information, and that’s not what we’re expecting under this. The intent of this is not to provide business data from an operator of a processing facility to a tenure holder that they’re not associated with.

J. Rustad: I guess just in terms of working out prices and components — whether it’s associated with what this information has been used for or, potentially, community interest — how, then, will the ministry be able to combine that information around those price differences or those costs associated with processing versus the harvesting component when considering the issues of community interest, when there may be a blended cost that’s coming from a timber-processing facility?

Hon. D. Donaldson: That work is done now, already, with the information gathered by the ministry. There’s additional information that will be required, as I pointed out previously, under fibre supply agreements. But the analysis of the data that the member asks about is currently conducted, and then that information and how it’ll be used is currently used for helping develop a wide range of forest policies, as it will be after these proposed amendments to the Forest Act will be put in place.

[6:15 p.m.]

J. Rustad: As I mentioned, I understand the broader uses, in terms that it’s…. Once again, I’m just trying to get my head around this community interest piece, in terms of that information. The cost of processing timber and wood residue at a facility. If you’ve got a licence that is in one supply area and the wood might be harvested and sold to a processing facility in another area, how is it determined?

I keep asking questions around this, and I apologize to the minister on it. But I’m just trying to get the sense of this community interest component that the minister talked about in terms of that pricing component and, if that wood ends up being put up for a potential disposition, how those factors will be calculated, judged or utilized — or whether it’s simply some guidelines that the minister would look at versus the information that would be provided by a company.

Hon. D. Donaldson: Well, we’ve already gone over, in a general sense, what the meaning of public interest considerations is. I’ve pointed out in previous answers that it’s not defined by regulation in other acts. It’s a term that’s used. I’ve pointed out the kinds of things we would be looking for. The data is collected. Much of the data is already collected. We’re adding some further requirements of data that we need to be supplied with. That will allow us to make judgments on approval of a disposition regarding the public interest considerations.

If the member wants to understand better how timber pricing happens and how the different scenarios he’s provided or, in his terms, parsed out, then I can offer him a briefing with the timber pricing branch. But other than that, we’re ready to complete discussions on section 19 if the member is.

J. Rustad: Maybe just an overview of this section from a perspective of…. This is pretty much from the same act. There’s the fibre supply agreement. How much is actually changed in this section in terms of the requirements for reporting?

Hon. D. Donaldson: That question’s been asked and answered. Primarily it’s fibre supply arrangements.

J. Rustad: Got just a couple more quick questions on this. In particular, when I look at financial statements prepared in accordance with generally accepted accounting principles…. My understanding of GAAP is that the requirement for a province or a government is different from a requirement from a company. I’m just wondering if there’s any discrepancy or difference in terms of what that interpretation would be.

Hon. D. Donaldson: General accounting principles are the same across the board, and this is standard language in government legislation.

[6:20 p.m.]

J. Rustad: Going back to the previous question I asked around what had changed, the minister said that had been asked and answered.

I appreciate the minister’s comment around that, but the reason why I asked this is that there has obviously been a fair bit of report and analysis that has been done around this. One of the pieces of analysis, specifically, was to section 136 — which is the section we’re on, under section 19 — that said whether intentional or not, under 136.1, only persons who hold Forest Act tenure had to report the information to government, and the information was, at least arguably, limited to matters in respect to tenure.

In contrast, the way the act seems to be written now — I know the minister has said it’s not this way, but this is the interest; this is the concern that’s out there, which is why I’m asking so many questions around this — it says that under the new section 136.2, everyone listed in this new section must report this information. This includes, for example, holders of private forest land not within the Forest Act tenures that are engaged in timber harvesting and log sales — logging contractors, subcontractors, silviculture contractors, log brokers and persons who operate manufacturing plants that utilize timber for wood residue, even if they have no timber right.

This is a concern that industry has raised, specifically to this act. Their concerns seem to indicate that there is a significant difference between what was in the original act versus what is currently in this act. I’m just wondering if the minister could put their minds at ease with regard to these concerns that have been raised.

Hon. D. Donaldson: Well, when the member was asking questions previously, it was in regard to information collection. That’s what I was referring to, that the information collection — for instance, in section 136(3) — was information that was already the same as in the existing act.

[6:25 p.m.]

I had talked about adding a fibre supply agreement proviso under the new, amended act. This section, actually, is information that the companies have been keeping already. We’re expanding, as I said, in some instances, around fibre supply agreements, and we’re also expanding our ability to access it from the companies. That is because we want accurate information for the effective management of policy development and for the management of a publicly held forest resource.

Much of this information companies keep. They’re required to keep. We’re expanding on that, and we’re enhancing our ability to access it for the betterment of stewardship of a public resource.

J. Rustad: That’s pretty significant. I want to thank the minister for that. It certainly clarifies some things, compared to what we had been talking about earlier, with regards to this. Like I say, it seems to be a pretty significant expansion in terms of some of the work and onerousness. At a time when our industry, of course, is challenged very much competitively, all of this sort of stuff will end up adding costs.

I’m curious about one other component. Before, the information was required to be submitted in writing. There is a designation now: in a form specified by the minister. I’m assuming that may go towards electronic reporting, but it could, potentially, require other changes as well. So I’m just wondering if the minister could provide some clarity.

Hon. D. Donaldson: In an answer to the specific question, yes, it could be electronic.

I just want to correct the perception left by the preamble to the previous question. This is not a significant expansion of data that is collected by companies. Companies collect this kind of data in the normal course of their business operations in order to remain competitive. We’re just expanding our ability to retrieve the data that companies already collect. So it’s not an additional burden on the companies to provide this kind of data.

Yes, it can be provided in an electronic format.

J. Rustad: To that, it did say or other methods as prescribed by the minister. I’m just wondering…. Electronic is one thing. Were there any other things being contemplated?

Hon. D. Donaldson: Just so we can get an accurate answer, if the member could point out where “or other” is in the wording of the amended bill.

The Chair: Member.

J. Rustad: Thank you, hon. Chair. We get into the groove of this being somewhat more conversational. I apologize.

Through you, hon. Chair, this is a…. I’m just trying to find the exact section in 136 that requires this, in terms of that reporting. I suspect that might get into section 20, under the bill. Perhaps we’ll go into that shortly, with regards to it.

[6:30 p.m.]

In terms of the efforts and the data collected, obviously…. Industry seems to be concerned that the people involved in the processing, as I had been talking about at length here…. The requirements on them seem to be more onerous. Industry seems to be concerned about that. That’s what I think is the potential, in terms of driving up the costs associated with it.

I’m curious. Under 136(3)(d), it talks about prescribed information in relation to a fibre supply agreement. Is that something that will be developed in regulations, or is that something that could be expanded upon here?

Hon. D. Donaldson: Yes, that’ll be determined in regulation. We covered some of that detail around fibre supply arrangements that we’d be interested in, whether it’s the volume or the period of time, whether it’s a replaceable one, the options that both parties would have as far as cancelling — those kinds of things.

J. Rustad: Under 136(5), on the recordkeeping and the case…. There always was, I believe, the timber sales manager that had that role. I guess I’m just curious. Who else, in terms of “designated by the minister” may now be able to go and inspect the records?

Hon. D. Donaldson: That’s the same as the current legislation, and that could be pricing department personnel, an accountant, somebody who’s been designated to inspect the record.

Section 19 as amended approved on division.

On section 20.

J. Rustad: I just checked with the minister to make sure he doesn’t have an amendment to move on section 20.

Okay, here we are now in a section that blurred into the previous section, 19, in terms of some of the comments and some of the questions that went to the minister. This really is about the disclosure of the records and who has access and is involved and can see this.

[6:35 p.m.]

I’m wondering if the minister could provide a little bit of an explanation or description with regards to the records that have been collected through this process. Who will have access to these records, and for what purposes?

Hon. D. Donaldson: As far as who will have access and for what purposes, access will be for relevant people within government who have identified a need and specified how it will be used and for what reason — a rationale. The purposes for how it will be used are outlined in 136.1(2).

J. Rustad: In 136.1(1), it talks about: “Subject to subsection (2), a person employed in the ministry of the minister must not disclose….” The minister said that it may be people within government, so I just want to give him an opportunity to clarify whether that includes people in a variety of ministries or whether that is people restricted to the Ministry of Forests, Lands, Natural Resource Operations and Rural Development.

Hon. D. Donaldson: There are other people within government — legal counsel; those who conduct audits; the Ministry of Finance, for instance — and they already operate under confidentiality rules. So this section pertains to confidentiality rules around people who are employed in the Ministry of Forests, Lands, Natural Resource Operations and Rural Development.

J. Rustad: I’m just curious what the results would be if information somehow was leaked or inappropriately disclosed.

Hon. D. Donaldson: This is very serious. A contravention of subsection (1) is just cause for dismissal.

[6:40 p.m.]

J. Rustad: I thought that would likely be the case, but I just wanted some clarity around it. Obviously, this information being collected is very confidential.

I guess, though, the challenge will become that as people within the ministry do reports, start looking at amalgamating or analysis of data, you may end up with information inadvertently being released through amalgamation or through reports. It may not be specific information to a company, but through some sort of amalgamated information. How will those issues be handled?

Hon. D. Donaldson: The release of data as part of an amalgamation is covered in (2)(c), under 136.1. That can be done as part of a summary, but it cannot in any way be connected with the person who reported it — in other words, where the data was gathered from.

J. Rustad: The reason for asking the question is if you’re in a situation where data is collected, say, for the coastal region or the Interior or maybe the province as a whole, and it’s combined and looked at — production costs or other components — other jurisdictions or companies may be able to utilize it for their own purposes in terms of competitiveness. That’s why I’m asking about the ability to release information that may be of an aggregate nature and that could create some disadvantages for the companies that are providing the information.

Is there any consideration, in terms of that aggregate information, of going back to companies that provide the information and requesting a release for that information or a release review in case there are concerns that may be raised?

Hon. D. Donaldson: Well, under the existing provision, information collected under the records and returns section can only be released if the person who supplied the information consented or if the information was released as part of a summary in a manner that would not allow for identification of the person who supplied it.

Also, the new rules clarify that information disclosure in accordance with a lawful requirement to disclose information under the Freedom of Information and Privacy Protection Act and for the purpose of administering the Forest Act to a person employed by government.

Really, the information’s protected as far as being able to be identified back to who it came from. If the information is disclosed under FOIPPA, then the provisions under FOIPPA allow for redaction for concerns around privacy and around protected information. So the provisions under the act will allow for the privacy of disclosure when it comes to business dealings that could impact the business that supplied the information.

J. Rustad: Is there any concern in terms of the aggregate of information? Information that is released could potentially impact on litigation issues such as softwood lumber.

Hon. D. Donaldson: The answer to that is no.

J. Rustad: If only question period was like that.

Interjections.

J. Rustad: Yes, it’s not answer period, I get that. Exactly, on both sides — simple questions, simple answers.

Interjections.

J. Rustad: Okay. It must be late in the afternoon. I appreciate the input from other members in here.

Maybe just a brief question to the minister with regards to 136.3, the affiliate and the collection of information. I’m assuming that’s the new language that’s been added in and additional information that’s been collected — as well as just perhaps some clarity around the intent of security interest in section 136.2.

Hon. D. Donaldson: The answer is yes. Those are new sections added to the amendments to this bill.

Noting the hour, I move that the committee rise and report progress on Bill 22 and seek leave to sit again.

Motion approved.

The committee rose at 6:45 p.m.


PROCEEDINGS IN THE
BIRCH ROOM

Committee of Supply

ESTIMATES: MINISTRY OF
PUBLIC SAFETY AND SOLICITOR GENERAL

The House in Committee of Supply (Section C); S. Chandra Herbert in the chair.

The committee met at 3:25 p.m.

On Vote 39: ministry operations, $770,889,000.

The Chair: Minister, do you have an opening statement?

Hon. M. Farnworth: I’m mindful of the fact that this is the penultimate day of the session and that these are the last estimates, along with the Premier’s. I want to thank my critic across the way for helping this to run as efficiently as possible so that we’re able to provide him with the answers that he’s looking for.

I’ve got a number of staff here whom I would like to thank and introduce: Mark Sieben, the Deputy Solicitor General; Salman Azam, the ADM, corporate management services; Brenda Butterworth-Carr, assistant deputy minister, policing and security programs; Wayne Rideout, deputy director; David Hoadley, chief financial officer; Toby Louie, executive director of corporate policy; and Jim MacAulay, executive director, finance and policing.

With that, I can look forward to — and try to answer, as thoroughly as possible — the members’ questions.

M. Morris: I’ll try to be as gentle as possible. It’s great to see the staff surrounding the table. I know you have a lot of talent on that side of the bench and that side of the House, which I respect very much.

My focus for the remainder of today — possibly into tomorrow morning, depending on how we make out here today — will be focused more on the delivery of police services, the provincial police service agreement, the municipal police service agreement, how we get our resources, the determining factors and whatnot, and some reference to the Police Act and the different MOUs that we have here. Then I’ll have some colleagues join us towards the end to ask a few specific questions — mostly on the police services side, and a couple on emergency management.

A basic question: what is the total authorized strength of the provincial RCMP in B.C. as of today?

Hon. M. Farnworth: It’s 2,602.

M. Morris: How long has it been at 2,602? Is there any anticipation of increasing that number?

[3:30 p.m.]

Hon. M. Farnworth: It is 2,602. It’s been in place…. There were three additional added last year in Cariboo-Chilcotin. Since 2012, it would have been 2,599. Right now it is 2,602. We’ve got a strategy looking internally to look at if there is the ability to add some additional numbers incrementally over time, starting in the north.

M. Morris: We’ll probably get a little bit more in depth into that strategy and some of the numbers in the future, to questions I have here. What are the current numbers of FTEs that are on strength, that are budgeted for? Are there any vacancies being held under the authorized cap?

[3:35 p.m.]

Hon. M. Farnworth: They’re funded for the 2,602, and they manage within that number.

M. Morris: We’re funded to the 2,602 and managed within that number. I look at…. The 2,602 was added. In 2012 it was 2,599, so we added another three resources in 2017 to bring it up to 2,602. Within that, I recollect from memory that we added significant numbers and resources to CFSEU in 2015. We’ve also added resources to the JIGIT team as well. I’m just wondering where that factors into this 2,602 number. I don’t see any additional members added. So I’m wondering where those numbers came from.

Hon. M. Farnworth: The funding for the 2,602 is separate from the funding for the CFSEU.

M. Morris: Where’s the funding coming from for CFSEU?

[3:40 p.m.]

Hon. M. Farnworth: I will make a slight correction in the 2,602 in the previous answer.

The authorized strength of the CFSEU is 168 — 100 of those come from municipal forces, ten come from the feds; 27.1 comes from muni RCMP, and 22.9 comes out of the 2,602 number that I gave the member a few moments ago.

M. Morris: So 168 is the authorized strength of CFSEU, and 100 are municipal. Are these 100 positions 100 percent funded by the municipal contracts?

Hon. M. Farnworth: Yes.

M. Morris: Ten are funded federally, and 22.9 come out of the 2,602 officers that we have. Where’s that 27.1 number — whatever you had there? Where does that come from?

Hon. M. Farnworth: Municipal RCMP detachments.

M. Morris: So that’s not part of the 100 municipal positions. Those are from the independent…?

Interjection.

M. Morris: Okay. I appreciate that.

The support services for…. I understand there are 400 bodies working in CFSEU. Where does the funding come from for the support services for all those positions?

Hon. M. Farnworth: It is provincially funded. A fraction — a very tiny fraction — comes from the feds.

[3:45 p.m.]

M. Morris: Can the minister tell me how much provincial money is spent on CFSEU on an annual basis?

Hon. M. Farnworth: The total for CFSEU from the province is $87.7 million.

M. Morris: We’ll probably talk a little bit more about CFSEU and integrated units and whatnot as we get further into our discussion here.

I just want to look at article 6 in the PSSA, provincial police service agreement. It says, “The provincial minister will set out the objectives, priorities and goals of the provincial police service.” And 6.3 says: “The provincial minister will determine, in consultation with the commissioner, the level of policing service provided by the provincial police service.”

A few parts to this question. The first one will be on the objectives, priorities and goals of the provincial police service. I know it’s in the service plan. It’s well stated there. I’m just wondering where money laundering falls under the priorities for the province and how long that has been considered.

Hon. M. Farnworth: The last time with the RCMP was in the spring of 2017. At that time, money laundering was not in that letter, in that communication.

Since that time, though, that has changed with the work that’s being done in terms of the reports that we have seen, and I know the member has — the German report and the additional work on the German report 2. The federal government having indicated that they and the federal RCMP are now also concerned with the issue, it has now become a priority in this ministry.

[3:50 p.m.]

M. Morris: With respect to that, this has been a topical issue now for several months — probably going on a year or so. Has the ministry determined what provincial resources they’re going to be putting into this priority of money laundering?

Hon. M. Farnworth: What I can tell the member is this. We’ve seen the first German report that dealt with casinos. JIGIT and GPEB are involved with the information that’s contained in that. We’ve seen the second German report and the Maloney report, dealing with different sectors of the economy. We’re doing the work around what kind of enforcement and what kinds of resources are required to deal with it on a broader scope than, for example, just casinos, where JIGIT has been focused on.

We have been meeting with, most recently, the Legal Services Society, who have considerable interest in this issue as well, as well as the feds. The federal government has also indicated a willingness, a desire, to cooperate with the province in an understanding that this is an issue that requires their attention as well. That work is currently underway within my ministry.

M. Morris: From my experience and understanding of how JIGIT was set up and how it works and some of the good work that CFSEU has been doing over the years, this shouldn’t be a surprise to the law enforcement community — that we had these types of activities going on. Of course, Mr. German used to be part of the law enforcement activities in B.C.

I’m curious, though. If this is a priority — and it sounds like it is for this government — have you made a determination of how many provincial resources you might be diverting into a money-laundering unit? What kinds of resources are we looking at in the future?

Hon. M. Farnworth: I thank the member for the question. I know the member is aware that this issue is not just about police. There are a number of regulatory agencies that also have an important stake in this as well as the federal government.

[3:55 p.m.]

What we are doing right now is the work that’s required in terms of what kind of strategy has to be in place that’s not just police but cross-sectoral. These agencies are involved. The feds are involved. That’s going to help determine the kinds of provincial resources that are needed in terms of the kind of enforcement regime that has to be in place.

M. Morris: It’ll probably be a little clearer as I go forward with some of the questioning here. The resources that would be required in this kind of enforcement activity and investigative activity would be required to be seasoned resources. Is the province prepared to take those resources out of the existing provincial resources that we have in the province to immediately start investigating?

Hon. M. Farnworth: I thank the member for the question. The question that the member raises is a good one, because you have limited resources, and experience counts. What we want to make sure of is that when things become a priority, you’ve got the resources to do it, but at the same time, you don’t want to be draining away from other priority areas. That is why one of the key areas in terms of the work that is underway and the discussions that have taken place is recognizing that there is an important role in this for the federal government as well.

So it wouldn’t be a question of saying we’re going to take all the resources out of the province and redirect them into this but, rather, working with the other regulatory agencies that have a role to play in this. How does the province fit into this? How does the federal government fit into this? And what is the best way to resource that? That’s the kind of work that is underway.

I just want you to know that we are acutely aware of the fact that it is, in many ways, sometimes a balance and ensuring that you’re not under-resourcing other areas that are important as well.

M. Morris: I appreciate the answer. That will provide me some fodder for some future questions later on here this afternoon.

I go to article 6, particularly 6.3, of the PPSA. It says: “The provincial minister will determine, in consultation with the commissioner, the level of policing service provided by the provincial police service.” There’s a list of criteria. So I’m interested in what the list of criteria is that you would use, as minister, to determine the level of policing service for the province.

[4:00 p.m.]

Hon. M. Farnworth: To the member, thanks for the question. There are a number of factors that will go in: population, crime rate, caseload, crime severity index, demographics, consultations/discussions with local government in terms of priorities, and First Nations.

M. Morris: Again, we’ll get into some of those later on, as an area of concern. I’m just wondering about the complexities associated with investigations, when we look at the determinations and the decisions coming down from all levels of courts across this country and various tribunals, and the impact that they have on how we do business.

I go back to that report on the 30-year analysis of the costs of policing that my colleague for Abbotsford did when he was a professor with the University of the Fraser Valley. There were some interesting things in there. But we don’t have to look too far back to look at the impact that Stinchcombe, which was a disclosure decision, or Feeney, which was getting a warrant…. It added a lot of time and resources to how we work.

I’m wondering whether the ministry has put their mind to the impacts of these decisions and the amount of resources that we have. I do see detachments out there that have not had an increase in establishment for years, and they’re still required to do the work that comes before them. I’m wondering whether that’s a consideration that’s been taken into mind when you’re determining the resourcing levels for the province.

Hon. M. Farnworth: The member is absolutely right. All of those things add up. All of those things have an impact. It’s something that we are very much aware of. A lot of that info resides with the police forces — with the RCMP, in particular.

[4:05 p.m.]

We’ve said we want to work with the RCMP, in terms of the development of the kind of metrics that are required, so that we’re able to actually fully understand the impact that each of those individual things that the member has referenced in terms of, you know, it’s impact on caseload, on the time it takes to do the job. Once we do that, by doing that, we’ll be, I think, in a stronger position to be able to tell a story that needs to be told, to get some of these things addressed, as I’m sure the member will appreciate.

M. Morris: A similar question. I think it’s also a very critical question, and I look forward to the response. We talk about metrics; we talk about the various conditions. The Police Act has been around for a while. Section 2 of the Police Act says: “The minister must ensure that an adequate and effective level of policing and law enforcement is maintained throughout British Columbia.” They’re pretty nebulous terms, I think. I’m just wondering whether the ministry has any metrics that they use, outside of what the statute says, or what they use to measure an adequate level of policing service.

Hon. M. Farnworth: To the member on that question: much of what you ask, in fact, would relate to the answer I gave on the previous question. It’s going to be things such as the crime rate. It’s going to be things such as the caseload, the crime severity index and how different communities are changing. These are all factors in that determination. That’s one of the reasons why I think the information that the RCMP has, has the potential to really assist in terms of dealing with some of those issues that the question the member just asked raises.

M. Morris: Is there a formal exercise conducted by police services, or are they relying solely on the police service, whether it’s the RCMP or the independent forces, to make that determination on the level of effective services, and it gets signed off by police services? Or is this a formal exercise where the staff sit down and go over and say: “We’ve got some problems here and there, and we need to address them”? I’m just wondering if there’s a process there.

Hon. M. Farnworth: Well, I thank the member for the question. I understand what he’s asking. He sat on this side, and he knows the issue very well. I would just say this to him: the process today is the same as when he sat on this side.

[4:10 p.m.]

I would also add that I think it makes it that much more important that we’re able to get the information and update it in approved metrics from policing — in particular, in the RCMP — to be able to deal with the challenges that he knows, and I know, exist.

M. Morris: I appreciate that, and yes, I do understand. I saw it as a deficit issue when I was sitting in that chair as well. But it’s been something…. It’s been 15 years since I was a police manager. It was present when I was a police manager before. I think it’s something that needs to be rectified because there are a lot of men and women out on the front line that rely on us making the proper decisions with the latest and greatest information that we have.

That leads me into this next round of questions. How many additional provincial resources has the RCMP requested in their latest multi-year plan?

Hon. M. Farnworth: This fiscal year, including support staff, the number is 60. And 288 over the next three years.

M. Morris: So 60 for this fiscal year. These are provincial resources, right? So 60 for this fiscal year. And 288 over the next three years, in addition to the 60?

Interjection.

M. Morris: Okay, so 288, inclusive of the 60, over the next three years.

Does the minister have a breakdown of where those resources are directed? Are they general duty? Are they specialized units? Are they going into CFSEU or what?

[4:15 p.m.]

Hon. M. Farnworth: To the member: thank you for the question. We’ll get you the exact breakdown of the request. That’s what it is — it’s the request — and the final has yet to be determined.

M. Morris: The request is not inclusive of the 288 that’s already on the books?

Hon. M. Farnworth: That is the request.

M. Morris: Oh, the request is for 288 more. Okay.

I’ll just qualify the next couple of questions I have. As an old detachment commander and police manager, I was always cognizant of core policing responsibilities that we have that get thinned out whenever there is a priority determined by either the federal or provincial government. I am concerned, and I’ve heard concerns raised by police managers throughout the province — various detachment commanders and whatnot.

We have core responsibilities in many of our communities — I’ve got some stats that I’ll talk about a little bit later on — where we have young recruits, fresh out of the factory, coming in and performing a yeoman’s work, whether it’s in Williams Lake or Anahim Lake or wherever it might be.

They get up to speed, and then a priority from the federal government comes in to say: “Let’s divert all our resources into national security.” The federal resources that we have are diverted into national security, leaving some vacancies in some of the job functions that we have with respect to CFSEU, drugs, organized crime, money laundering — those kinds of things. They start plucking the good bodies out of the various detachments to fill those vacancies, and the factory gets a little bit behind in filling the spots that are left vacant, but particularly in the more remote settlements that we have that are quite a ways away from extra backup.

The concern I have is that core policing…. It always has suffered, but I think that today it’s suffering even more than it has in the past. I’m just wondering whether the province is turning their attention to some of those core policing functions that we have. Whether it’s in a municipal detachment or a provincial one, I know that the watches in Surrey, Burnaby and Prince George are always crying to have bodies put on the watch, because they’re getting plucked out for the specialized units as well.

What is the plan, moving forward, to ensure that core policing is adequately staffed in the province?

Hon. M. Farnworth: I thank the member for his question, because I think it’s a really important question.

I share his concerns. I firmly believe one of the challenges in this ministry, that I have said I want to address and that we need to find a way to deal with properly, is that issue of core policing. I want to make sure…. There are other priorities that do come along. When I refer to my earlier question…. I don’t want to see resources taken that are, in essence, impoverishing communities in the province because there are additional priorities that have been determined — and rightly so — either by the feds or by the province. Money laundering, for example, is one of them.

When those priorities emerge, the resources have to be there and not just automatically taken from existing core policing, particularly in areas of the province, such as the north and the Interior and these small detachments, that face real challenges. There’s not…. I just want you to know that we are on the same page on that.

M. Morris: I thank the minister for that answer. I know he does feel genuinely for that.

How many provincial vacancies do we have, province­wide, right now, today?

[4:20 p.m.]

Hon. M. Farnworth: There is some degree of fluctuation in the number of vacancies, but at this time, we believe it is just under a hundred.

M. Morris: Let’s go back for a minute to the authorized strength of 2,602. You say we operate within…. They’re all fully funded. So we have a hundred vacancies within the provincial business line. That means we have 2,502 fully staffed provincial positions in the province.

Hon. M. Farnworth: The way that we get the data is not…. Or the way that we would like it is not the way in which we get it from the RCMP. We know that it’s under 100.

What we will commit to do for the member, because we are working on that…. We will take a specific date — let’s say, the end of the fiscal — and get an accurate piece of information for the member.

[4:25 p.m.]

M. Morris: I appreciate the answer. Sometimes it is difficult to extrapolate, I guess, information at the right time. Let’s work on the premise of 100 vacancies provincewide for provincial positions. How many of those positions would be in core police functions — so general duty members that are missing from a detachment? And do these hundred vacancies include sick leave or maternity leave or paternity leave?

Hon. M. Farnworth: We have to take that information that we receive. There’s a lot of additional analysis that has to be done. But I can tell the member that if we’re saying 100, that does include the issues that the member raised, such as mat leave and sick leave, for example.

M. Morris: I’m pleasantly surprised over that. I’ve seen those stats a little bit higher on the provincial side of things over the years. So 100 vacancies is somewhat surprising. Do we know…? Is the ministry keeping track or does the RCMP keep track or any police service in the province keep track of how many members are off because of stress-related injuries or PTSD-related injuries?

Hon. M. Farnworth: E division and the RCMP police services don’t make that available to the police services branch of government.

M. Morris: I guess I’m not surprised. You know, it would probably show up as a medical issue. My concern is — looking at some of the statistical data, caseloads per member and whatnot, in the various areas and knowing the number of members that suffer from PTSD — duty-related incidents where somebody, unfortunately, has lost their life or some other significant traumatic event. Maybe it’s just because we’re more aware of it in today’s world than we were five and ten years ago, but it is an issue.

It is an issue because it effects all the other resources on the detachment. They have to fill in and carry on while the particular member is off recuperating and getting better.

Section D of the MOU of the PPSA. The province recognizes having the constitutional jurisdiction over the administration of justice, which includes responsibility for policing. Looking at that section and looking at the various things that we do in the province, in my estimation, this provides the authority for the minister to provide police services right across the board.

There are other agencies that are responsible for funding parts of that — First Nations policing, for an example, the federal funding that is supporting money laundering or drug investigations or whatever we have here. But fundamentally, am I right, in reading that section, that the province has a fundamental responsibility for providing all law enforcement in the province of British Columbia?

[4:30 p.m.]

Hon. M. Farnworth: I thank the member for his question. I absolutely have statutory authority in terms of the Police Act and to ensure that there is effective policing across the province. But it’s also a shared responsibility in the fact that local governments, local detachments, whether they are RCMP detachments or municipal detachments, also have a significant say in terms of how policing is delivered in their respective communities.

M. Morris: I go back to section 2, where the minister is responsible for ensuring there’s an adequate level of policing right across this great province of ours and that the resources are there to do that particular job. I’ll get into municipal policing here shortly. But in the event, as we have seen, where the feds have been a little bit tardy in responding to some of the events that we’ve had here in British Columbia and funding some of the positions, it still does not preclude the fact that the work needs to be done.

Money laundering is a good example. If we don’t have adequate resources placed to address organized crime…. CFSEU is doing an outstanding job. I love the model. But our crime rates — I’ve got the stats here — are the highest in Canada, pretty much. The crime severity index is higher than the national average.

Will the minister step up to the plate — or maybe he already has and I’m not aware of it — and ensure that First Nations policing, for an example…? It’s underfunded by the federal government, but there’s still this significant need in our 203 First Nations that we have around the province here. They’re all sharing, last I heard, 98.1 FTEs in First Nations policing. It might be higher than that right now.

But there is a significant need, when we look at some of the more remote communities. Anahim Lake. We’ve got Alexis Creek. We have communities up and down the coast that are very remote where our persons crime rates are very high — the assaults, sexual assaults, those types of criminal files. Yet we don’t have the resources in there.

Is there a responsibility for the province, under that MOU, under the provincial police service agreement, to provide the service? Then let’s go chase after where the money is supposed to be coming from and hold those agencies to account that are supposed to be providing that service. But in the meantime, is there a responsibility for the province to ensure that these communities are protected?

[4:35 p.m.]

Hon. M. Farnworth: I fully understand the issue the member is raising on this. The reality, as the member knows, is that those operational decisions and the allocation of resources are made by the RCMP in the individual detachments, related to the circumstances that they’re facing.

Around the issue of First Nations policing, that is a challenge. We have the 92.5. We have funded for 108, so the province is doing some backstopping already. We have done that. We communicate with the federal government. I raise this issue with the federal government literally at every single FPT meeting we have — that they have got to step up. The current model and the current changes that they have put in place don’t meet the needs of British Columbia. They are more designed for other provinces that they’ll take into account. They don’t take into account B.C.’s unique circumstances.

We will continue to push that issue with the federal government. In terms of doing some backstopping, we’ve already been doing that.

M. Morris: With respect to First Nations policing then, this has been an ongoing issue for decades. You know, we only have to look back not very far into the missing and murdered women issue that we had in British Columbia — across Canada, but it was paramount here in B.C. A lot of those women were from our communities in remote British Columbia.

Having policed in those communities, the level of violence that I’ve encountered in my past…. I know RCMP members currently employed in those detachments still face that. They’re under-resourced. The communities don’t have the other types of resources available that we would have in the centres like the Lower Mainland here, as far as counselling goes and social services and education and all those other types of things.

I’m just wondering if the minister has put his mind to it or if staff have put their minds to it. This model hasn’t worked, and it will continue not to work as long as we don’t change it. We can shake the bars, and we can go to Ottawa and raise whatever level of concern that we do and I did and the previous Sol. Gens before us did — nothing has changed.

I’m wondering if there’s a possibility that there might be some changes coming up and that it’s something that we’ll wrestle to the ground, based on the fact that B.C. has a jurisdiction to enforce all the laws of Canada and that’s part of it.

[4:40 p.m.]

Hon. M. Farnworth: The member outlines a problem that I think we’re all aware of. It’s an issue that didn’t just appear today. It has in fact been something that has been evolving and developing over quite a significant number of years.

What we are trying to do, and what the RCMP is in fact doing, is looking at how we can change the model. What are the ways in which we can do that? How do we work with non-police-related services to be able to build on what is in a community or identify what’s not in a community? That work is ongoing.

There is, I’d say, a unique opportunity coming up very shortly, at the beginning of June, which will be the release of the national inquiry report on murdered and missing women in this country. I think that is going to be a unique opportunity, hopefully — as is my expectation — as a catalyst to be able to put in place some of the changes that are going to have to take place. We do have to recognize that there are changes in demographics and that there are changes in terms of economic activity that are having significant impacts. We’ve talked about it — things such as the camps, for example.

At the same time, there are also initiatives being undertaken by the province that are not…. There’s legislation that has been introduced this session and that we have passed. One of the pieces is the Community Safety Act, for example. It’s going to be held over to the fall.

Again, that’s the kind of initiative, along with the work being done by the police, whether it’s through situation tables or whether it’s the opportunity that I firmly believe will come with the report that’s going to be released, to be able to deal with and make some of the changes I think the member knows have to happen.

[4:45 p.m.]

We are wanting to work very closely with the RCMP and others on doing just that.

M. Morris: I appreciate the answer. It’s an enormous problem. It’s an enormous issue right across the province that we have here. I guess it’s determinate upon the….

[R. Kahlon in the chair.]

I guess, looking at everything as a whole, the minister is in government, and I know the same issues were on my shoulders when I was part of government as well.

What priority do we place on the health and safety of the members that are providing the service in the remote communities? What level are we putting on the well-being and community safety of Indigenous people that are suffering, in some of these communities, from addictions or mental illness — the violence that we see associated with that in many of these communities — where we haven’t provided that increased level of, I’ll say, police in a very broad, general term?

When I talk about police resources on site, I’m talking about the wraparound service that the police have been more or less expected to deliver through default — a social services issue in a small, remote community. The police are trying to resolve that because there are no social services there. Health-related issues or addictions issues or counselling families and all those kinds of things tend to fall to police in some of these smaller units.

I think it’s reaching a crisis level in many of our communities. It is significantly different than the issues that we face in Surrey or Burnaby or these communities that have the benefit of all these wraparound services available there. So I’m hoping it’s something that the minister turns his mind to in the immediate future to resolve.

I mentioned, before, crime rates across B.C. These are the crime stats for 2017. The 2018 one is not out yet, or I don’t have access to it. But I just look at the violent crime rate in B.C. It’s 11 per 1,000 population. Nationally, it’s about the same for 2017.

Property crime rates in British Columbia: 48.1 per 1,000. Nationally, it’s 32, and the overall Criminal Code crime rate in B.C. is 74.2 versus 53.3 nationally, for the national average. There’s quite a difference in those numbers.

What’s also striking to me, with the information that’s on this particular form, are the clearance rates for B.C. and Canada. I recall from my days on detachment that clearance rates, a lot of times, pertained to the number of resources that you had investigating, the number of files that the investigators had at the time. Sometimes you were just overwhelmed, and you weren’t clearing the files.

The 2017 violent crime clearance rates in B.C. were 57.1, which is very good; 69.9 was the national average. But overall, Criminal Code clearance rates in B.C. were 27.4 percent. Most of that was property related. The clearance rates for property crime in B.C., 13.4 percent. So of all the property crime that’s reported, 13.4 percent is cleared, and the rest…. Who knows what happens to it?

I think that’s only the tip of the iceberg. I think a lot of it…. I saw some statistical data a number of years ago. I haven’t been able to put my finger on it, but the unreported crime…. There was a study done on unreported crime, and that has gone up significantly. There’s a lot of unreported property crime that never comes to the surface for police forces in British Columbia, so we can assume that there’s a lot going on out there. Again, very little effort is being paid to that because, in my estimation, police officers are so busy investigating other files.

[4:50 p.m.]

There’s one more stat from that. The crime severity index that we have in British Columbia for 2017: 88.9. The national was 72.9, so we are higher in all aspects here in British Columbia. Yet we do a very good job. I look at the results that we’ve got with CFSEU on those major issues around organized crime, and some money laundering factors were in there as well and the homicides associated to that — a yeoman’s job done by the men and women in that particular unit and by some of the other integrated units that we’ll talk about.

I look at a place like the Williams Lake municipal detachment. These stats are a couple of years old. Authorized strength was 24, and this was before the three were added to that particular unit, but the caseload was 123 criminal files per authorized strength. But when we look at the authorized strength…. We take off the inspector in charge, and we take off the staff sergeant because he or she is tasked with administrative work, and we can probably take off a couple of the senior non-commissioned officer positions. So the actual rate is probably more like 150 criminal cases per individual.

My experience, and I know you’ve got old…. Not old. You’ve got retired police officers working with you, experienced police officers working with you that can probably attest to the same thing. I worked in detachments where you’re just running your legs off every single day, investigating. You’re young, and you just suck it up and do it. But I don’t think a police officer can properly investigate, in today’s world of the complexities associated to criminal investigations…. I think 50 criminal files in a year, on average, is probably maxing a police constable out.

When we see figures like 123…. Wells provincial is 136. There’s three members there, and I think it’s mixed in with Quesnel detachment. Vanderhoof provincial — here’s another detachment that has suffered immensely from a lack of resources. Nine provincial resources there and 124 criminal files per member per year for a caseload.

Then we look at the city of Vancouver independent force. Caseload is 38 criminal files per officer in that police department. We have Oak Bay independent, with 23 members — so it’s about the same size as Williams Lake — and they have a caseload of 22 files per member.

I go back to our original discussion that we had here a while ago on article 6.2 of the municipal police service agreement, and it’s much the same as the wording that’s in the provincial police services agreement, where the minister and the CEO of the community “will determine, in consultation with the Commissioner, the level of policing service to be provided by each municipal policing unit.”

When we see the disparity in caseloads across the province…. We see our crime severity index high, and we know that Williams Lake has had its fair share of violent crime in that community, higher than most other detachments and police services that we have in the province. I’m wondering if that is the catalyst for some intervention.

We had some intervention by your police services branch not too long ago with respect to Victoria and Esquimalt, talking about the level of service and the workload that they had there, but we have detachments in British Columbia that are in far worse condition. The workload is enormous for the men and women working there. If we add in vacancies associated to illness or injury or paternity or maternity, those types of things, that’s impact.

Of course, under the police service agreement, “subject to the discretion of the commanding officer, no member will be replaced when attending a training course that is related to the municipal police service, when on annual leave, or when ill except where illness results in a member’s absence for a period of more than 30 consecutive days.” We have a whole bunch of absences that aren’t really accounted for in the process here. But we’ve got these high caseloads. We’ve got them working day-in and day-out, trying to solve crime, which they’re not doing a very good job of when it comes to property crime.

We will set up any kind of an agency for failure if we don’t adequately resource it. I think that we’re seeing that in some respects. I’m just wondering if there’s any plan to incorporate some metrics to address these high caseloads — to take CEOs or municipalities to task for under-resourcing their particular police department or RCMP detachment.

[4:55 p.m.]

Hon. M. Farnworth: I thank the member for his question. There’s a lot in it. I think in many ways it’s indicative of the challenges and the issues that we face not just today but have been facing for quite some time.

It comes back to my answer on the earlier question around core policing and why I, like him, feel that that is critically important in terms of how we’re going to deal with the pressures and the challenges that we face, not just in terms of the community level but because emerging new priorities come along, and the pressures that they place on those resources.

We also have to remember, though, that there are some significant differences between this province and other provinces. So it’s not just an apples to apples, but there is an apples and oranges component. We have a different charge approval process in this province as compared to most other provinces, so that has an impact.

That is why it comes down to the work that we are doing and will continue to do, working with the police in particular, the RCMP, on getting the appropriate metrics that will allow us, I think, to fully determine exactly what pressures, what changes, what initiatives have to take place to deal with some of the issues that the member has raised.

Small communities, particularly those under 5,000, face different sets of pressures than those communities that have the ability, let’s say Surrey or Coquitlam, to determine a level of support and can decide that they want to put in place additional resources because they have the population base to do that.

I think that comes back to some of the things that we were talking about earlier, some of the changes the RCMP are looking at in terms of what’s the best place to deploy resources effectively. It would also come, too….

I know the first part of the member’s question, when he talked about that lack of services…. It’s not directly related to the estimates in this ministry, but that is one of the issues, and that’s one of the things we’ve been trying to do in terms of a cross-ministry approach to some of these challenges.

[5:00 p.m.]

It’s not just about policing, but it is about ensuring that in some of these communities, there are those wraparound services. It’s trying to expand, in the case of mental health and addictions and the money that we’ve put into that, that those services are not just located in the Lower Mainland but in fact are available in Prince George, in Fort St. John, in the Kootenays, in the northwest.

It’s on health care and recognizing that you’ve got the challenges with physician recruitment. That’s why one of the focuses in the Ministry of Health has been around the comprehensive clinic that has a series of services available in it. You’re not just going to one place and then you’ve got to go somewhere else and then you’ve got to go somewhere else. It’s trying to put all the related services, so it’s not just a physician. It is counselling. It is addiction support services — all of those things together.

That’s the kind of work that needs to take place, as well as looking at it from a policing perspective and the changes that we know have got to happen with the RCMP. I appreciate the member’s question. It is very complex, and it requires a cross-government approach on a number of the things that the member raised.

M. Morris: Good discussion. You’ve got your work cut out for you, or your staff has your work cut out for you — in the not too distant future, I hope.

A couple of comments. First of all, you talk about the clearance rates, or I was talking about the clearance rates. But you brought up the fact that our charge approval process is different than other jurisdictions across Canada, and it is. I remember when that changed in 1974, with the Crown Counsel Act.

Part of the issue that I brought up, though — with respect to the clearance rate, perhaps, and the charges being stayed and criminal investigations being abandoned or losing cases in court — has to do with the complexities associated with these investigations. If we had the right amount of resources investigating these criminal offences, where their mind was on conducting a technically elegant criminal investigation so no mistakes were made, I think we would see the charge approval rate increase. And I think we would see, at the end of the day, the conviction rate increase, and we will see less and less stays.

The product that we have is due more to the organization that we have and the lack of resources that we have on the line, particularly in places like Vanderhoof and Williams Lake. Fort St. James — I was looking at some of the statistical data there. Fort St. James has the highest violent crime rate in the province. It’s 170.5 crimes per 1,000 population. Pretty high. Their caseload isn’t bad. It’s 73 criminal files. They’ve got a strength of 13 people there. They’ve got a broad area. But if they are all very serious assaults, sexual assaults and serious personal crimes, that takes a lot of resources to do that and leaves very little time for property crimes and whatnot.

I checked some statistical data here a few years ago. Pretty much the same right across the board with independent forces, as well as the RCMP — about 30 percent of your file load is criminal, and 70 percent would be social justice issues. So at the time you’re doing a criminal investigation, you have to drop what you’re doing and go and pick up some intoxicated person or deal with some other social justice issue. Then you have to go and try and put your mind back into that criminal investigation. I think that has some repercussions down the road.

You mentioned a couple times and I’m interested to hear what the RCMP is doing to determine resourcing levels. You’ve given me some indication that you’ve been working them or that your ministry has been working with the RCMP to try and find out what metrics are required in order to adequately staff our detachments. Could you enlighten me a little bit more on what might be going on there?

[5:05 p.m.]

Hon. M. Farnworth: It’s an ongoing process, and it’s dealing with a number of the things that we have been discussing in terms of insuring that we’re looking at the changes, for example, that are taking place in terms of demographics — what are the pressures that individual communities are facing? Detachment reviews that are underway — working with the RCMP on ensuring that we’re getting the metrics that we need to be able to better understand exactly what’s happening.

As I said, it is an ongoing process and it is going to continue. I think…. I’m not sure what else I can add to that, other than it’s very much, you know, those things that we have been talking about and those pressures that we all acknowledge detachments are facing.

M. Morris: Just while we’re on this theme, there are some detachments in British Columbia that just jump out at you because they are overworked, with the stats that I’ve related here. I’m hoping the minister and his staff can work at providing them some immediate relief to try and lessen the load on them but also take care of a lot of the issues that are associated with that with, you know, PTSD and medical issues and whatnot.

I look at some of the statistics. I took this off of the 2017 stats. It’s the last set that I could find. There’s a lot of attention around Surrey right now. I know the minister’s got his hands full with that and waiting to have a look at that report myself. But Surrey has an authorized strength, according to the last data I saw — 822. I know the Mayor hasn’t added any to that — the position that he’s taken on that. Their caseload per officer is 56. So it’s right in that average where, I think, it’s manageable. But Surrey has other issues with homelessness and a lot of the social justice issues that occupy a lot of time.

So does Williams Lake, where it’s got 113 cases per member as well. Terrace is another detachment — 261.3 crimes per 1,000 population. Twenty-five is their authorized strength in Terrace, and their caseload is 112. I know Terrace is running around. They’re busy because they’ve got the homelessness issues there as well and a number of other factors. We have a place like Duncan: 156 crimes per 1,000 population, authorized strength is 23 and 122 criminal cases per person there. So we’ve got many detachments that are in that 80, 90, 100, 110, 120 caseload per RCMP or per officer that are just crying for some kind of attention with respect to resourcing levels.

I think that, you know, we’ll see that Crown counsel is probably facing issues in those locations as well, with respect to perhaps resourcing levels. Maybe we’re seeing charges that aren’t approved because the work is not done as complete as it could be because the members are in a hurry.

[5:10 p.m.]

We’re crying out for some immediate relief in those areas. At the same time, we’re looking at putting 288 new resources, bringing them on over the next three years. I hope they’re going to be directed at core policing services.

It brings me back to something I forgot to ask earlier on: 2,602 is the authorized strength. What is the actual strength? You mentioned that we have about 100 vacancies. What is the actual strength that we have in British Columbia, for provincial numbers? Are we keeping any positions at all, anywhere in the province, vacant because of budgetary issues on the provincial business side?

Hon. M. Farnworth: We’re having that same discussion with the RCMP at this moment in time. We will get you that information for a specific date. It would seem to me that the end of fiscal is probably the best date.

M. Morris: I appreciate that. Core policing will gobble up all those resources, I’m sure. I guess I would also look for some assurances — if the province is going to put additional resources into specialized units such as money laundering or organized crime units, or adding on to JIGIT, or whatever the plan might be at the end of the day — that those resources would be over and above the consideration of the multi-year plan that the force has put forward in relation to core policing. Is that a reasonable expectation?

Hon. M. Farnworth: I would say this to the member: provincial policing is my top priority. I know that there are other priorities, but that is certainly my top priority.

M. Morris: I go now to talk a little bit about municipal policing. Under the Police Act, “Duty of municipalities to use and pay for specialized services,” section 4.03, a municipality with more than 5,000 people, of course, must “use the specialized services provided by the specialized service provider” and must pay all costs that are associated to that. I go back to the $89 million of provincial money that goes into CFSEU.

What money is billed back to the municipalities for these services provided by CFSEU, by the full-time ERT, by the integrated homicide team and, actually, all the various integrated teams that we have? How much of that is being covered by the province, and how much is being billed back to the municipalities?

[5:15 p.m.]

Hon. M. Farnworth: I thank the member for the question. There are 29 integrated teams in the province. The cost-sharing varies on the nature of the team and the involvement of the municipality. Some municipalities will be involved by a monetary contribution, others by a human resource, using a members contribution, as well as infrastructure. Some municipalities will also contribute infrastructure. So it varies by the team and by the involvement of the local government as to how the costs are determined.

M. Morris: We have $89 million going into CFSEU, and I know they have offices in the province. The lion’s share of the work is done in the Lower Mainland. That’s where the majority of the gangsters are hanging out and hanging their hats. What is the total cost for running CFSEU? If $90 million of provincial money is going into CFSEU, how much are the municipalities bearing?

[5:20 p.m.]

Hon. M. Farnworth: Could the member just re-ask that question, please?

M. Morris: The province is paying $89 million into CFSEU. How much are the municipalities paying into CFSEU, over and above that $89 million? What’s their contribution?

Hon. M. Farnworth: If I understand the question correctly, for those CFSEU units and local government, if they are contributing bodies, that cost is in that $87 million figure that the member quoted.

M. Morris: So the total cost of running CFSEU is $89 million a year?

Hon. M. Farnworth: For the CFSEU, it’s $87.2 million. The provincial share is $62.9 million, and the balance is the federal share.

[5:25 p.m.]

M. Morris: Okay, the federal share. Are you talking about…? Is that a 70-30 split with the provincial resources?

Hon. M. Farnworth: Yes.

M. Morris: So it’s under the conditions of the provincial police services agreement, the 70-30 split. The municipal contributions are, basically, covering the salary dollars of the individuals that are provided, or are they covering operational costs?

Hon. M. Farnworth: I’ll use an example because I want to make sure that we’re clear. There is a difference between the CFSEU units and integrated units.

On the CFSEU, let’s say, the VPD…. There are 20 units coming from VPD. They will bill us for those 20 officers, and they get paid back. That comes out of those numbers that we have been talking about — the $87.2 million. But integrated units are a separate stream altogether.

M. Morris: Let me wrap my head around this. The municipalities…. We’ll just take your example. Vancouver provides 20 FTEs for CFSEU. They bill the province for those 20, and the province pays them the money, so we fund those 20 positions.

What do the municipalities fund with CFSEU, then? I was under the impression that there was some funding coming from the municipalities.

Hon. M. Farnworth: Not on CFSEU, but there is on integrated teams. Yep.

M. Morris: So with CFSEU, that’s $87.2 million. So $87.2 million is what it costs to run CFSEU. It’s a provincial unit, for lack of a better term. It’s fully funded, and the municipalities that contribute — whether it’s Surrey or the other independents — those resources bill the RCMP for the use of those resources on CFSEU? Primarily, it’s fully funded by the province.

Hon. M. Farnworth: Yes, that’s correct.

M. Morris: I’m back on track with my mind. That’s what I thought originally. I got a little bit sidetracked there.

Let’s turn our attention now — and I might come back to this after — to the full-time ERT that we have. How much provincial money is going into the full-time ERT, and how much are the municipalities contributing towards it?

[5:30 p.m.]

Hon. M. Farnworth: The province provides $3.34 million. The municipal RCMP provides $5.93 million. The municipal independents provide $650,000. The feds provide $2.99 million.

M. Morris: This is for ERT. So the province provides $3.34 million and the feds, basically $3 million. That’s a 50-50 split, primarily — you know, close. So it doesn’t fall under the PPSA. It falls outside of that. How is that funding level determined between the feds and the province?

Hon. M. Farnworth: This would be what I would call one of those historical funding formula anomalies that has been in place for some time. It’s one of those things that I would call a work in progress with the RCMP.

M. Morris: Okay. That’s an interesting definition. IHIT is another integrated unit — does great work throughout the Lower Mainland here. Could you provide me a breakdown as to provincial and municipal funding for this unit?

[5:35 p.m.]

Hon. M. Farnworth: I know the member will know from his time on this side that this issue around IHIT was an issue that was in dispute for some time. I can tell the member that I’ll probably have a better answer for him than I’m able to provide today in the very near future. I’ll be happy to share that with him when everything is in place. But there has been significant progress made on the issue that I know he is aware of.

M. Morris: Thank you for that. I wait with great optimism as we move forward.

I guess the gist of my questioning…. I know the pressures around IHIT and some of the other integrated teams and ERT. I certainly don’t want to denigrate their effectiveness and use, because I agree 100 percent. I think we should be expanding those units. Integration is the only way I can see to provide effective levels of policing with that level of expertise.

What I am concerned about, though, is the number of provincial vacancies that we have — 100 vacancies, according to the information I got here — some of the under-resourcing in our smaller provincial detachments, and we’re spending money in the Lower Mainland within municipal jurisdictions.

Under the Police Act, under section 15, it says: “Subject to this section, a municipality with a population of more than 5 000 persons” — we get into that 15,000 and above and 5,000 to 15,000 — “must bear the expenses necessary to generally maintain law and order in the municipality and must provide, in accordance with this Act…policing and law enforcement in the municipality with a police force….” So everything that happens with respect to policing within the municipality is the responsibility of the municipality, either in that 70-30 split or the 90-10 or 100 percent of the cost with the independents.

I see an increasing amount of provincial money being spent, for good purpose, in the Lower Mainland, where there’s an abundance of resources already, more or less. The growing population…. When you see Surrey growing the size of Prince George every five years, that’s a concern. But we see that provincial money being spent within a jurisdiction where the statute says that those municipalities must pay for that service, and then we have provincial detachments in the hinterlands going short and being under-resourced because we don’t have the money to pay for those resources. It’s a concern that I’ve had for many years. It was a concern that I had when I was a district officer looking after a lot of that area, when I saw provincial money being spent down south.

I’m just wondering whether the minister has any plans to address that disparity or how he’s going to ensure that we’ve got the necessary resources. We probably have $100 million of provincial money being spent within municipal jurisdictions in the Lower Mainland that could very well be used to top up the resources that we are short in First Nations communities and provincial detachments.

[5:40 p.m.]

Hon. M. Farnworth: I appreciate the member’s question. I think it’s one of those things that comes down on a whole range of issues, not just policing — that balance between the Lower Mainland and outside the Lower Mainland and ensuring that there are levels of service that people are able to count on.

Whether it’s education or whether it’s health care — you name it — there is that tension in this province between where the population is and then that vastness of the rest of the province, where we’ve got communities and First Nations communities, we’ve got growing communities and we’ve got communities that have been shrinking. All of those things come into play.

What I can tell the member is this: I get that issue. That’s where the core policing comes in. I’ve said before that for me it’s a priority, because I think it’s crucial. That’s the base. That’s why we have expanded CFSEU units. They are provincewide units. They can go where they’re needed.

For example, there is a new one that has been set up for Kelowna. If they need to be in Prince George, then that’s where they will be. That’s where we work with local government. It’s where we work with RCMP. It’s where we try and ensure that those resources are there or that we’ve got the provincial resources that go where they’re needed.

[N. Simons in the chair.]

We’ve got major crime units. If there’s something that happens in Penticton, the local detachment there will do what it’s supposed to do, but at the same time, we’ve got the ability to get in those resources that they don’t have or those specialized resources that they don’t have.

But I take the member’s point, and it’s one that we are acutely aware of within the ministry.

M. Morris: Just further to that, then, and I do understand. Like I said, I don’t want to take away from the effectiveness of these provincial resources that are being used within a municipality. I’ll refer to section 15 of the Police Act and section 4.03 of the Police Act, when it comes to that as well.

You brought up an interesting point with major crime units and the expertise that we have within major crime in the Lower Mainland or homicide.

[5:45 p.m.]

When those resources go to Prince George or Kamloops or to Fort St. John to assist in those communities, it’s my understanding that they’re billing back to those communities for the services that they’re providing. Am I correct in that?

Hon. M. Farnworth: Technically, that’s correct. But the reality is the fact that, particularly in a major crime, the province actually ends up bearing the brunt of the cost.

M. Morris: You know, I go back to this unique funding arrangement with IHIT or ERT. Section 15(2) of the Police Act says: “If, due to special circumstances or abnormal conditions in a municipality, the minister believes it is unreasonable to require a municipality to provide policing or law enforcement under subsection (1), the minister may provide policing or law enforcement in the municipality, subject to the terms the Lieutenant Governor in Council approves.” Do we have any such funding arrangements in the province at this particular time?

Hon. M. Farnworth: The answer to that is no.

M. Morris: Okay. I thought we’d be able to squeeze that one circumstance in. Under section 4 of the Police Act, it says: “A municipality with a population of more than 5,000” — okay, we get into that 5 to 15, 15 or more — “… must do both of the following: (a) use the specialized services provided by the specialized service provider; (b) pay all costs that, in accordance with a regulation referred to in section 4.01 (1) (e), are allocated to the municipality by the specialized service provider.”

So the act says that you’ve got to pay all the costs. We’re paying about $100,000 of provincial money into these municipal operations, at the same time that we’re running detachments thin in the provincial side of things. Is there any appetite to look at balancing that out a little bit more in providing the resources necessary?

Hon. M. Farnworth: I understand what the member is saying. I’ll say this: we are aware of it, and it’s one of those things that we’re trying to resolve or solve — find ways to improve.

[5:50 p.m.]

I think, in terms of individual municipalities, we’re also sensitive to the challenges that they face and also mindful of the fact that in many cases, the crime is, in fact, not necessarily the local municipality but may well be regional. That also has a part to play in it, but we understand where the member is coming from.

M. Morris: Well, I appreciate that. I’m sensitive to it too. I understand the pressures that communities like Williams Lake have, for an example, in adding more resources. I know Surrey’s going through this tremendous exercise right now, trying to do whatever they’re going to do in Surrey. Every municipality is faced with that.

That’s why I was wondering whether subsection 15(2) would be the catch-all to provide the minister the ability to do that, but it’s going to increase the provincial policing budget significantly in order to resource these communities and try and balance out what we’re spending within municipal jurisdictions and the spending that we need to be spending to relieve some of the workload pressures out in the rural areas of the province.

We’ll put that aside. I think I made my point. Thanks to the staff for enduring that.

One final question or line of questioning that I had with relation to that — and then I’ll have some of my colleagues ask their questions — is around indemnification. I know RCMP jurisdictions…. RCMP indemnify those jurisdictions. At any given time, I’d be curious to find out what the force would be looking at in the province of B.C. — how many millions of dollars that are on the books at any given time from civil suits that the RCMP is facing.

That was one question. The other question I had with respect to that is: when we have these integrated units performing duties in the city of Vancouver or New Westminster or within the municipalities that are not policed by the RCMP, and an incident arises with ERT or with CFSEU or IHIT or one of these other units, where does that indemnity fall? Who takes responsibility for it?

Hon. M. Farnworth: The issue is primarily taking place at the federal level, between the RCMP and Public Safety Canada. My understanding is that there is a Treasury Board submission to deal with this, but you’re not likely to see that dealt with until after the federal election.

M. Morris: So it doesn’t have an impact on the provincial policing budget side.

I’m just curious, though. The second part of my question is with respect to the indemnification of these specialized units that are working within an independent area of responsibility, like VPD. Was that part of the same answer that you provided?

Hon. M. Farnworth: Yes. It’s part of the same issue.

M. Morris: Again, just in relation to expenses and whatnot. I know there’s at least one location in the province, maybe more…. Under the Police Act and under the PPSA and municipal policing agreement, communities are supposed to be providing the accommodation and the facilities for an RCMP detachment to operate out of.

I’m just wondering how many communities in British Columbia haven’t met that standard yet and what the province is…. What kinds of steps are they implementing in order to change that?

[5:55 p.m.]

Hon. M. Farnworth: That’s a very good question, Member. It’s one that we are concerned about. It’s an issue that came to my attention when I was up north in the northeast of the province last summer. The challenge for us is that we don’t have accurate information from the RCMP on the nature and the amount of their assets in this area. That’s why we have contracted, within this ministry, an individual to actually get that information for us.

M. Morris: While we’re still on the topic of accommodation, how are the discussions going with respect to Green Timbers and the issues around that?

Hon. M. Farnworth: I’ll give you the same answer I gave on IHIT, which is there has been a lot of work done, and hopefully, I have more accurate and better information to give you in the not-too-distant future.

M. Morris: I shall wait with bated breath. Just probably a couple more questions before I turn it over to my colleagues here. With respect to our offshore vessels, we’ve got the catamarans that have outlived their useful life for the most part. I’m just wondering where we are with respect to a replacement program for the vessels and what that might look like.

Hon. M. Farnworth: Since the last time you were dealing with us, I can tell you that there has been considerable progress made. But, like many things, it is also one of those things that would be called competing priorities, so it’s still a work in progress.

[6:00 p.m.]

M. Morris: I guess one more question with respect to assets. Our air services and the helicopter that is used in the Lower Mainland — a lot of those covering a lot of the work here. Has that expanded? Is that another service that is shared by the municipalities, or is it funded by the province?

Hon. M. Farnworth: We’ve taken possession of a very nice twin-engine helicopter that will be fully operational by the end of summer.

The Chair: Committee members, we’ll take a five-minute recess.

The committee recessed from 6:01 p.m. to 6:13 p.m.

[N. Simons in the chair.]

E. Foster: My time will be brief. Minister, a few weeks ago, I introduced a private member’s bill to recognize February 1 each year to be RCMP recognition day and all the good reasons why we should do that. Over 30 municipalities have sent in letters of support. Many MLAs, including the Solicitor General’s office…. I was curious as to whether there had been any discussion in your office.

I would assume that could be done on an OIC, but I’m not sure on that. I wondered if there was any further discussion.

[6:15 p.m.]

Hon. M. Farnworth: I can tell the member that in terms of…. There are two things. It depends on what he’s asking for.

In terms of a proclamation, that can be done very quickly and very simply, and that is not an issue. If you wish to create a statutory day, similar to, let’s say, Holocaust Memorial Day, for example, that would require a legislative change that would have to go through the legislative procedures of drafting a bill, LRC — all of those things — and get into the agenda. But in terms of a straight-up proclamation, that’s not an issue at all and can be done, literally, at any time.

E. Foster: I’m going to get asked the question when I get home, so can I tell the folks that you are going to do the proclamation? And then we could work towards an actual piece of legislation?

Hon. M. Farnworth: If the member is asking me if we will do a proclamation, absolutely. It gets routed through to the Attorney General’s Ministry, and it is signed off by the Lieutenant-Governor-in-Council.

A legislated day is a different issue that would have to go through the proper consideration and channels and all that, but in terms of a proclamation, it will be done.

E. Foster: Thank you very much, Minister. The folks in Vernon will be very happy to hear that.

When can I — because they will ask — tell them this process will take place?

Hon. M. Farnworth: We will set the wheels in motion to get a proclamation in place. In fact, I could tell the member, without breaking cabinet confidences…. Every cabinet meeting, one of the things I know that the Attorney General brings to cabinet are the proclamations for the coming months or that are being issued this week. There are many of them.

Anyway, there is no issue at all with issuing a proclamation in terms of honouring the RCMP.

E. Foster: Thank you very much, Minister. The folks will be very happy to hear that.

D. Clovechok: As the minister is well aware, there is a construction project on the Trans-Canada Highway that’s going to be occurring in 2020, which was confirmed by the Transportation Minister — the most expensive highway construction in the history of the Trans-Canada.

The minister has also confirmed that there will be closures due to that construction — on the shoulder season. It means then that the traffic that’s going to usually come down the Trans-Canada Highway through the Kicking Horse is going to be diverted, if it’s westbound, up through the Kootenay National Park, down through Radium Hot Springs, which is in my riding, and then south through very tiny, small communities along Highways 93, 95. Coming out of Golden, they’re going to be diverted the same way through the park, and so on and so forth.

The biggest concern that we have there is that when those closures are happening…. They’re going to be on the shoulder seasons and being diverted through a national park where the highway isn’t that great, and I know the Minister of Transportation is very aware of this. It’s also going to create some real significant policing issues, especially coming from the westbound, when they turn onto that highway. You’ve got patrols there from Banff and Lake Louise and also the Alberta sheriff services that are providing that patrolling there. We’re not going to have that in the park.

The biggest concern that we have in that area…. From Golden, we’ve got two amazing detachments in Invermere and in Golden, with great members, and they work really, really hard. But the biggest concern is with this increase in traffic that’s going to be coming through the Kootenay National Park and then down through those routes that I’ve already mentioned — through Brisco and Edgewater, and so on and so forth. We’re going to need more traffic members.

What the concern is, is that we’re going to take GD members and put them on to traffic, which then will diminish their GD service in the community. I guess the question that I have for the minister: is there a plan in place? When those closures happen, will the East Kootenay traffic service be bolstered? And will those members be shifted?

[6:20 p.m.]

As I say, the biggest concern that we have around that is that we don’t want to see our general duty members in Invermere and in Golden being deployed on to traffic and then taken away from their general duty assignments.

We’re going to need more patrols through areas. We all know, and I think the past members here know — although they don’t look like traffic members…. Nonetheless, what’s going to happen is the behaviour of those motorists is going to change. It’s also the CVSE as well. That behaviour, in terms of traffic, is going to change dramatically because of the change in altered routes — speeding and everything else. It’s going to be a potential nightmare through these small little highways that aren’t really built for that kind of traffic.

I want to know if there’s a policing plan in place yet, how can we address that or if there’s something in the works so that I can assure my communities that policing will be a factor and not take away from the two detachments we already have.

Hon. M. Farnworth: The RCMP will be aware of what’s taking place. They will know that they will require additional resources, and they have the ability to put in place those additional resources without taking GD — general duty — constables from where you’re talking. And we will follow up with you on that.

D. Clovechok: Just so that I’m clear and I can share it with both of my sergeants, those resources will be allocated from the province and there will be moneys available for additional members.

Hon. M. Farnworth: We will be working with the RCMP on that and make them aware of the concerns. As I said, they have the ability to put in place the resources required.

D. Clovechok: Thank you to the minister. I look forward to the follow-up. I appreciate it.

L. Throness: Recently I spoke out in the Legislature about human trafficking, and I want to follow that up with a couple of questions because there are hundreds and perhaps thousands, particularly women and girls, who are victimized across the province every day. We need to get a handle on the scope of the problem. I wanted to find out how many people are affected by it.

My question is: has the government done any data collection, particularly about girls and women, and knowing how many of them are being trafficked in B.C.? Does the office to combat trafficking in persons, which might collect this data, still exist?

[6:25 p.m.]

Hon. M. Farnworth: Yes. The office still exists. It is still in place, and it’s still functioning. In terms of the number of reported cases, it’s 35.

Having said that, I can also tell the member that there is work underway by both the RCMP and the VPD. The Vancouver police have been doing…. This has become more of an issue for them. The RCMP, the major crimes unit, is actually doing work to get, I think, a better understanding of the exact nature of the problem.

L. Throness: The former government had an action plan to combat human trafficking that lasted until 2016. I’m wondering if the new government has made its own plan. If it has not, why would it not do so?

Hon. M. Farnworth: I can tell the member that the plan that was in place in 2016 is still in place today. The actions that were part of that plan are, in fact, still ongoing. At the same time, the federal government has indicated to the provinces that they are working on a national plan to deal with human trafficking and child sexual exploitation.

L. Throness: My final question: can the government point to any specific new initiative that it has taken, on its own, within the past two years, against human trafficking — not from the former government but from this government?

[6:30 p.m.]

Hon. M. Farnworth: In addition to the plan that is currently in place, there has been the additional component added, which the province manages on behalf of the feds, which is a human trafficking component related to migrant workers. On top of that, this year there’s an additional $340,000 that’s going to organizations dealing with human trafficking and sexploitation.

M. Stilwell: Thank you, Minister, for taking questions today. My questions are regarding auxiliary police officers that are constables that are used in our communities. They’ve been used across Canada for over a half a century, volunteering their time and becoming a valuable resource for communities across our province. In Oceanside, we have eight auxiliary members, who help with education programs, security and community policing. I’m sure I don’t have to educate you on what they do.

I know that there’s an update, that there are some deliberations going on with the RCMP. I’m wondering if the minister can give me an update on how those deliberations are going.

Hon. M. Farnworth: I can tell the member that we have written to the feds on the issue as it regards, in particular, the reinstatement of the uniform. We have also been working with local government, and we’re waiting to see what response we get back from the feds. Depending on what they say, then there may be further action that we are able to take, as a province, under our existing statutes.

M. Stilwell: Just so I’m clear, then, when you say the reinstatement of the uniform, that is to go away from the volunteer vests that they’re expected to wear now, which…. If I were to compare other volunteer services like volunteer firefighters, they don’t wear big vests that say they’re volunteer. I know a lot of auxiliary constables are opposed to wearing these vests. I’m just wondering if the government is in the same mindset, and what the actual option is that government’s decided to go with in regards to…?

[6:35 p.m.]

Hon. M. Farnworth: We value very much the work that the auxiliaries have been doing. We think they fulfil an important role. That’s why we have let the federal government know our views on this. As I said, we’re waiting for that response, and we want to get a resolution to this that works to the benefit and the satisfaction of the auxiliaries.

M. Stilwell: One follow-up question. Has the province ever looked at or considered taking direct control over the auxiliary constables that are presently under the control of the RCMP? Is that something you’re able to do or willing to look into?

Hon. M. Farnworth: Subject to the federal response, that’s one of the things we are looking at.

M. Stilwell: Thank you very much, Minister. I appreciate the time.

P. Milobar: A couple of questions around keeping of prisoners and the tie-in with the RCMP and Corrections and the judiciary. It’s more Kamloops-focused, but obviously, that’s where more of my experience would be. But I’m assuming the same is happening, and I believe it is happening, in the Kelownas, Prince Georges and that of the world as well. There’s a big concern right now. I guess I’m trying to understand if there are moneys budgeted this year, if there’s a plan moving forward with the Solicitor General to address this issue.

What’s happening in Kamloops’s case is we have the keeping of prisoners in the RCMP cells. They are being remanded, actually, from the court back down to the local detachment instead of up to KRCC. My understanding is, although I don’t have confirmation yet, that they actually have a whole wing that is now not being used. It’s gone from being overcrowded to Osoyoos being opened and actually space in KRCC now.

Between the sheriffs and what’s happening with holds, it’s putting people into very unacceptable conditions within the cells. The cells are not meant to be a keep site that they have in Kamloops. So there would need to be upgrades done.

In addition, there’s also the keeping of women and children, or youth, neither of which is a totally acceptable situation, especially in Kamloops’s case. In the case of youth, they have to go to Prince George, and they only transport to Prince George twice a week. So if a youth comes into Kamloops cells on a Thursday, they are there till Tuesday in just the RCMP hold cells, not in a proper situation.

In the Ombudsperson report, although it does not specifically mention the Kamloops detachment — it doesn’t mention any detachments — a lot of the examples used, if they aren’t Kamloops, mean similar situations are going on in other hold sectors as well around the province. Issues around the keeping of female prisoners and access to shower facilities and things of that nature can be very problematic.

So I’m just wondering. What is the game plan moving forward? This has been something that was understandable, as the new institution was coming on stream, that there may have been a year or two to wait to see what was going to happen. But it’s become very clear and apparent over the last two years that that has not eased any of the situation. In fact, it’s getting worse in terms of the keeping of prisoners.

We’re not even going to get into the cost factor of repayment for the keeping of the prisoners. But it is creating a big problem. RCMP members are now tied up.

The prisoners seem to have figured out that if, as soon as they get into the cells, they say they have a medical issue, they get taken up to the hospital. It has to be a general duty member from the Kamloops detachment that takes that prisoner up to the hospital and sits and waits with them, waiting to be checked out by the doctors and the nurses up at the hospital, and the sheriffs have pretty much gone for the day.

It’s not really creating a very conducive environment. I’m just wondering: what is the overall strategy and game plan to start addressing this, not just in Kamloops’s case but provincewide as well?

[6:40 p.m.]

Hon. M. Farnworth: I thank the member for the question. I’m aware of the issue in Kamloops. I know it’s been raised to me by the mayor of Kamloops. It is not a new issue. It’s an issue that’s been going on for quite some time.

We’re working with the RCMP and Corrections in terms of — not just Kamloops, but provincewide — how we can deal with this particular situation. Part of the challenge has been the changes that took place a number of years ago, now, particularly in terms of inmates or people in remand going to a hospital, and then police officers having to wait with them. It used to be that there would be, I guess, a commissionaire, if you like. There was a court case that changed that.

What we’re looking at is ways in which we can reduce that. That’s something that the Ministry of Health is very much aware of, as well, in terms of: are there…? What kind of individual…? How do we put someone that the police have to take so that they’re not sitting for six hours or four hours or however many hours until the individual is able to be taken off their hands?

There’s not a quick solution in place, but it is something that we are working on. It’s not unique to Kamloops, but it is a challenge right across, in many parts of the province.

P. Milobar: I know the city is starting to work on ways to track the time that the RCMP are spending so that they can put a dollar figure to it. It is a significant cost as well as a resource drain for a city that chronically has a shortage of boots on the ground to their funded complement.

Is there any plan, moving forward? I know that several years ago — going back to, actually, when I was in the mayor’s chair — there was some discussion, preliminary, around a hold centre that would be created for women and youth in the Kamloops area or in the Kelowna area, somewhere in the southern part of the province. That seems to have just fallen off the books, but there definitely is a need and a demand for that type of service.

Are there any plans at all by the province to try to address that need by building a new centre for holding of women and youth detainees to make sure that they are actually being housed in a proper fashion? Much has been pointed out within the Ombudsperson’s report, as well.

[6:45 p.m.]

Hon. M. Farnworth: In terms of youth, that would be dealt with by the Ministry of Children and Families. In terms of women, if they’re remanded, they would go to OCC or down to the Lower Mainland. There aren’t any current plans at this point in terms of constructing a separate women’s holding facility in Kamloops.

M. Morris: I’ll just make a couple of comments. My colleague here has probably about 15 or 20 minutes of questioning with respect to victim services issues, and then we’ll go to emergency management B.C. right when she’s done. So we’ll probably do that tomorrow.

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

Motion approved.

The committee rose at 6:46 p.m.