Fourth Session, 41st Parliament (2019)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, October 29, 2019
Morning Sitting
Issue No. 284
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Islands Trust, annual report, 2018-19 | |
Public Guardian and Trustee of British Columbia, annual report, 2018-19 | |
Orders of the Day | |
TUESDAY, OCTOBER 29, 2019
The House met at 10:05 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers.
Tributes
CURTIS WILSON
Hon. C. Trevena: Later today at Thunderbird Hall in Campbell River, there’s going to be a celebration of life for a person lost far too soon from our community. Curtis Wilson, whose traditional name was Mulidzas, died suddenly from a heart attack about ten days ago.
Curtis, who described himself as an avid artist, will be remembered for, among other works, his inspirational Kwakiutl rendering of the Canadian flag. His design for the new logo for school district 72 was unveiled just days before he died.
While Curtis was a wonderful Liqwiltokw artist, he was so much more. He was dedicated to education and to reconciliation. He was an elected councillor on the Wei Wai Kum First Nation council and was proud to share Liqwiltokw culture, songs and dances with youth. Curtis, Mulidzas, still had so much to give. He was only 39, but he has left a legacy for us now and for future generations.
Mr. Speaker, I ask the House to give our condolences to his wife, Dayle, and his children, Nalu and Gideon. He’ll be sorely missed.
Introductions by Members
J. Martin: For his first visit to the precinct, please welcome my brother-in-law Michael Leduc. I’ve talked several times in this chamber about Bowls of Hope, a non-profit organization that feeds close to 1,000 children a day at 21 different schools. Every single one of those meals is made by my brother-in-law. Please make him welcome.
Hon. M. Mark: In the gallery are students from the University of Victoria, Capilano Students Union, Kwantlen Student Association, University of the Fraser Valley Student Union, the Graduate Society of the University of British Columbia and Langara Students Union. They’re in the chamber. They’re in the precinct meeting with the Speaker’s office, meeting with members of the opposition.
Will the House please join me in welcoming their voice to the chambers and their advocacy on behalf of affordability and better conditions in the public post-secondary system.
Thank you, hon. Speaker, for inviting my guests.
Hon. S. Robinson: Joining us in the gallery today are Mayor Kennedy Stewart, along with Neil Monckton, chief of staff, Anita Zaenker, chief of staff, and Lauren Reid, senior policy adviser. The mayor has been meeting with a number of members of cabinet as well as with the opposition. I want to invite the House to please give them a warm welcome.
Hon. L. Popham: Well, it’s the greatest day in the Legislature happening today. It’s B.C. Agriculture Day. We have a lot of people in the chamber that are representing amazing parts of agriculture, from one end of the province to the other. I think that our members are excited that they’re here. Everyone is going to receive a beautiful bag, a token of appreciation from the B.C. agriculture sector for our support in the House. Treats all around for everyone. Thanks for bringing those bags in. It’s something we look forward to every year.
Now, Mr. Speaker, I hope that you can indulge me. I’ve got some names I’d like to read off. These are guests. There are many people that are visiting for meetings today. But these people, I’ve been told, are actually in the chamber.
We’ve got Jen Gamble, Niklaus Forstbauer, Heather Stretch, Glen Lucas, Deep Brar, Peter Simonsen, Christine Terpsma, June deDood, John deDood, Mickey Aylard, Holger Schwichtenberg, Sarah Sache, Jared DeJong, Jeremy Dunn, Emma Bryce, Sukhpaul Bal, Tyrion Miskell, John Bayley, Leo Quik, Melanie Daischorn, Reg Ens, Cassy James, Malcolm Odermatt, Rick Kantz, Bob Pringle, Pete Smit, Len Smit, Ray Binnendyk, Jenni Binnendyck and Steven Falkirks.
Welcome to the Legislature.
C. Oakes: Yesterday the member for Vancouver–West End introduced one of his former teachers. Well, I’m delighted that I have one of my former teachers in the gallery today, also a councillor. Her husband was also one of my teachers. She is here today with the agricultural group, a very strong, passionate champion for agriculture in our rural communities. Would the House please help me welcome Lynda Atkinson.
J. Routledge: We also have some guests in the gallery today from the BCIT Student Association. Stewart McGillivray is the government relations strategist, and Steven Palfrey is their vice-president, external relations. Both are very active advocates on behalf of the BCIT students. I hope their time with us today will hone their strategic skills. Please join me in giving them a warm welcome.
A. Wilkinson: Joining us in the gallery is Mr. Tek Manhas from the Duncan-Cowichan community. He is known extensively in that part of the world for his many interests and great activism — a stalwart of the political process, who is a person you don’t neglect when you’re in Duncan and North Cowichan.
Hon. A. Dix: We have guests today from two organizations. I’d like to introduce first, from Heart and Stroke B.C., Jeff Sommers, Zoey Wells and Mary Stambulic. They’re here meeting with MLAs and people in the Ministry of Health. I wish everyone could make them welcome.
We also have, with what was formerly known as the Rick Hansen Institute, a whole group of people: Dr. Ian Rigby, who is the board chair of Praxis Spinal Cord Institute; Bill Barrable, the CEO; Dr. Vanessa Noonan; Penny Clarke Richardson; Linda Bryson; John Chernesky; and Vanessa Gee. I understand they’re meeting with MLAs, including over the lunch hour. I hope everyone makes them welcome.
M. Stilwell: Apologies, Mr. Speaker. The Leader of the Opposition has already made my introduction. So we’ll introduce Tek Manhas again, if you’d like — an advocate for his community — and welcome him to the House today.
Hon. C. James: I have three guests in the gallery today. First, there’s Cabe Grey, who is 12 years old and lives in Victoria–Beacon Hill. He’s visiting with his home school teacher, Duncan Wiscombe. Cabe is currently learning about municipal, provincial and federal governments. So Cabe and Duncan have decided to come to the Legislature to witness firsthand a very small portion of how government operates.
The third guest who’s here today needs no introduction, really, in this House. She calls the Legislature her second home. Sheenagh Morrison is a regular visitor to this gallery. She is an employee from Thrifty Foods. She’s a volunteer at the Beacon Hill Park petting zoo, a Special Olympics swimmer, also part of their public speaking course. She’s also a great friend, and I’m very proud to call her one. Would the House please make Sheenagh Morrison very welcome.
S. Cadieux: I just want to join with the Minister of Health to welcome our guests from Praxis here today. It’s an organization I’ve had a very long history with. Many of the folks here today are people I consider friends. I’d like to also bring the opposition’s greetings to the group here from Praxis.
Statements
(Standing Order 25B)
BULLYING ENDS HERE KINDNESS TOUR
AND WORK OF TAD
MILMINE
J. Thornthwaite: On October 15, I joined Tad Milmine outside on the front lawn of this Legislature to kick off the Bullying Ends Here Kindness Tour. Tad is travelling coast to coast from October through May, raising awareness on bullying and mental wellness. Tomorrow he visits North Vancouver.
Since 2012, Tad has dedicated his life to helping those who need it most. At 22 years of age, he tried to commit suicide. Fortunately, he was unsuccessful, and happily, he was able to fulfil a lifelong dream to become a police officer. But when he learned of Jamie Hubley’s suicide, a 15-year-old LGBTQ youth from Ontario who took his own life because of severe bullying, Tad sprang into action and swore he would work on helping all youth and bring awareness about bullying and mental illness.
Last week, after Tad launched his tour at a high school on Vancouver Island, right here, he was contacted by a student who was coping with suicidal thoughts. Thankfully, Tad intervened and connected him with the supports that he needed. This is just one of the thousands of texts from students who contact Tad who are struggling and feel they can’t cope or can’t go on.
The Bullying Ends Here tour aims to demonstrate that no one is ever truly alone and it’s okay to talk about mental illness and to seek help. When talking about his own upbringing and encouraging others to speak up, Tad said: “The truth is that no one ever knew I was locked down there because I didn’t tell anybody.” This statement is literally and tragically true and what happened to Tad. He didn’t reach out. He didn’t think anyone would help him, and no one did until he told someone.
One of the parents of a young boy said after his presentation that he stopped thinking about killing himself after he heard him speak at the school. He now believes he has a chance to turn out to be a good person as well, so there is no need to die.
I would add that all children should be given the opportunity to be themselves and deserve to be loved and treated unconditionally. So let’s make sure that they all feel safe at school, at home and on line. Bullying ends here.
ACTIVE TRANSPORTATION
AND USE OF
TRANSIT
S. Chandra Herbert: Well, I messed up. I made a mistake. Last week was Bike to Work Week, and I didn’t stand to invite everyone to bike to work. Why was that? Perhaps it was because I was too busy biking to work. When I’m here in Victoria, I bike to work most every day. When I’m home in the West End, I walk or bike to work most every day.
Indeed, maybe it’s because of where I live, in the West End, but biking to work, walking to work or taking the bus to work is just how most of us get around. Indeed, 72 percent of constituents in the West End bike, bus or walk to work. Seven percent bike, 27 percent take transit, and 38 percent walk to work. It’s how our neighbourhood lives. It’s one of the great reasons people want to call it home.
Bike to Work Week is one week, but I think that as we move forward, for more and more British Columbians, it will become every week. Our government strategy, move, commute and connect, is putting the groundwork in place, as are our municipalities and communities all across British Columbia.
I had the pleasure of visiting communities across B.C. to learn about what were barriers in their path to getting more people actively commuting, actively transiting around their communities. In some, it was the snow, and there was no clearing of pathways for parts of the year. In others, it was just unsafe to be on the highways. The suggestions for creating more complete streets were very well heard. I think as we move to strongly fight climate change, move to create a healthier community, move to save people money and cut congestion, we must be putting a stronger focus on biking and riding people-powered means across our communities.
Now, to those who say it’s too hard, try an electric bike. It’s a lot of fun too.
COMMONWEALTH
PARLIAMENTARY
ASSOCIATION
L. Reid: I speak today of the Commonwealth Parliamentary Association.
The theme for International Day of Democracy 2019 is “Participation.” It’s an opportunity to recall that democracy is about people. Democracy is built on inclusion, equal treatment and participation, and it is a fundamental building block for peace, sustainable development and human rights.
The universal declaration of human rights, which states that the will of the people shall be the basis of the authority of government, has inspired constitution-making around the world and contributed to global acceptance of democratic values and principles. Democracy, in turn, provides a natural environment for the protection and effective realization of human rights.
The Commonwealth Parliamentary Association connects and supports Commonwealth parliamentarians and their staff to identify benchmarks of good governance and to promote democracy, and it offers its members a range of opportunities to enhance their parliamentary knowledge and networking. I was honoured to chair the Commonwealth Women Parliamentarians for Canada and vice-chair CWP internationally. Thank you to women everywhere who put your name on the ballot and, in some instances, your life on the line.
The CPA provides both established and newly elected parliamentarians and parliamentary staff with continuing professional development and encourages them to share experiences and knowledge with other parliaments, in the wider pursuit of democracy in the Commonwealth. The 2030 agenda for sustainable development addresses democracy and sustainable development goal 16, recognizing the indivisible links between peaceful societies and effective, accountable and inclusive institutions.
The CPA’s recommended benchmarks for democratic legislatures have been highlighted as an important tool in the pursuit of peaceful and inclusive societies. The Commonwealth Parliamentary Association, now in the 107th year, exists to develop, promote and support parliamentarians and their staff to identify benchmarks of good governance and to implement the enduring values of the Commonwealth.
I’d ask you to visit www.cpahq.org for more information.
SOUTHEAST ASIAN
CULTURAL HERITAGE
SOCIETY
A. Kang: I would like to recognize the good work of the Southeast Asian Cultural Heritage Society. SEACHS consists of a group of highly skilled Southeast Asian Canadian artists who have come together to preserve and share culture through intercultural collaboration. Founded in 2009, SEACHS is now celebrating its ten-year anniversary.
Over the past ten years, SEACHS has shared elements of the cultural heritage of the Philippines, Vietnam, Indonesia, Malaysia, Singapore, Thailand, Cambodia, Laos, Myanmar and many more with British Columbia. This year SEACHS helped TaiwanFest engage the Vietnamese community in its fourth dialogue with Asia, entitled Riding the Waves with Vietnam.
SEACHS’s next big event is on November 9, entitled BANYAN, an intercultural ceremonial performance. This will be a theatrical representation of ancestral stories and traditional art forms. Artists will come together to share their ideas, dances, music and stories informed by traditional performance forms from their homelands and experiences as settlers on unceded territories.
Last week I had the pleasure of connecting with Montreal-born Vietnamese actor-singer Thai-Hoa Le and Canadian-based Filipino theatre director Dennis Gupa, who share their vision of crafting a contemporary creation story drawn from the respective cultures of the artists. This production brings together communities and gives voice to those who have been marginalized.
This is what our beautiful British Columbia is all about, and I am grateful for the efforts of these artists to highlight the strength of our diversity. Like a banyan tree, we must continue to express the roots of our heritage so that we can branch a way ahead together for a shared future that will endure for generations to come.
INDEPENDENT SCHOOLS
L. Throness: Cardus, a social policy think tank, has just completed an empirical study on independent schools in B.C. Its findings shed new light on common misperceptions about this growing movement, a movement that now claims more than 86,000 students.
Opponents of parental choice like to cast them as schools for the rich, but only 8 percent of them are elite prep schools. In fact, it’s middle-class parents who sacrifice a lot to send their kids. Over half make major financial and life changes to afford the cost of school. Nor are they all religious. Just over half are faith-based. But 40 percent are specialty schools, like the excellent James Cameron School that I toured in Maple Ridge, which focuses on helping students with dyslexia.
Parents don’t choose these schools out of ignorance. They have more education than the average parent, and parents of independent school students are ethnically diverse. Nearly half were born outside Canada, and they’re more than twice as likely to speak a foreign language at home.
Parents choose these schools because of their supportive environment, their trust in the teachers, administration and curriculum and their emphasis on character development. Some have been disillusioned with a public system that they feel tolerates too much bad behaviour. But they are satisfied with their independent school. Fully 91 percent are very happy with their choice of school and would strongly recommend it to others.
Finally, independent schools represent a gift to the taxpayer. The study estimates that every independent school student saves B.C. taxpayers $6,600 per year.
Congratulations to Cardus for taking on the task of busting myths about independent schools. Their study tells us that these schools are good for parents, students, teachers and taxpayers. We should be encouraging more of them.
TUITION WAIVER PROGRAM FOR
FORMER YOUTH IN
CARE
B. D’Eith: For many children in our province living in care or aging out of care, their lives have been about survival, overcoming trauma and certainly having lives that are more challenging than many other children in the province. But last weekend I witnessed a real sign of hope.
The Federation of B.C. Youth in Care Networks hosted their fall retreat in my riding at the amazing Zajac Ranch for Children in Mission. The federation is actually a youth-driven provincial non-profit organization dedicated to improving the lives of young people in B.C. who are now or were in care.
The federation invited the Minister of Advanced Education, the MLA for Maple Ridge–Pitt Meadows and me to attend a special celebration during the retreat. Early Saturday morning, after an energetic icebreaker of a game called Whoosh — it was fun — we had an impassioned and powerful presentation by the Minister of Advanced Education. We celebrated the 1,119 former youth in care who have accessed the post-secondary education tuition waiver program. That’s 1,119 lives transformed, 1,119 young people who have limitless possibilities.
The tuition waiver program was introduced in the fall of 2017 in response to a decades-long call for action from generations of former youth in care, youth advocates, foster parents and youth still in care. The program is the most robust program of its kind in Canada. Former youth in care can now enrol in all types of programs — social work, teaching, nursing, flight training, trades, business administration, graphic design and many more — in over 25 post-secondary institutions.
Since the program launched, there has been a 443 percent increase in the number of former youth in care enrolled in post-secondary over the 2016-2017 school year. This semester alone over 250 former youth in care have access to the waiver program.
Last weekend I was lucky to meet several incredible youth who’ve accessed the tuition waiver program. What I heard from them is that the benefit of post-secondary isn’t just about a diploma. It’s about expanding the world around you, making new friends, improving your time management, developing a stronger sense of self and feeling empowered to write a positive future for yourself. These young people are doing just that — writing their own positive future.
Oral Questions
AGRICULTURAL LAND RESERVE
CHANGES AND
IMPACTS
M. de Jong: Every week hundreds of volunteers from around the Lower Mainland gather on a farm in Abbotsford. They sit down at tables, and they chop vegetables. These are the vegetables that are bruised or otherwise imperfect. They chop broccoli, Brussels sprouts, cabbage, carrots, cauliflower, celery, corn and other vegetables, and they turn them into soup. They feed the world’s hungry. They feed the world’s starving people.
In 2018, they served 15 million servings of soup — over the years, hundreds of millions of meals — to the world’s hungry. It’s an incredible story.
It was going great until this minister and this government came along. You see, the Gleaners need to expand slightly, very slightly, their lunchroom to feed their own volunteers. The government amended the legislation, and now they can’t.
Where is the common sense in that? Where is the common sense in saying to a group that is feeding the world’s hungry: “You can’t slightly expand your lunchroom so you can feed your own volunteers”?
Will the minister stand up and pledge to get the government out of the way and let the Gleaners do what they do so well, which is feed the world’s hungry?
Hon. L. Popham: I will agree with the member across the way that they’re doing really great work, and we’ve supported that work that they’ve done. They are receiving donated produce that would otherwise end up in a landfill. They’re dehydrating it. They’re making a soup mix, and I think that’s to be commended. It’s being sent out to other countries, and I commend them on that.
They were looking to expand their operation on the agricultural land reserve. As I’ve said many times, I don’t interfere with applications or decisions that the Agricultural Land Commission makes. The Agricultural Land Commission made a decision that expanding the operation on agricultural land would take away from the capacity of the agricultural land. So their application for expansion was refused.
Mr. Speaker: The member for Abbotsford West on a supplemental.
M. de Jong: Well, the minister, sadly, does not want to take responsibility for the amendments that she and her government have made to the ALC legislation that are responsible for that refusal. She changed the mandate.
The minister stands up and says: “We support their work.” Well, perhaps philosophically. The government doesn’t actually provide any funding. And you know what? The Gleaners don’t want government funding. They want the government to leave them alone. They want the government to allow them to expand their lunchroom a little bit into the parking lot so they can feed their volunteers.
It gets worse. Not only did the ALC, under this minister’s new mandate, refuse their application; they’re now threatening them and demanding that they tear down existing buildings that they require to continue their operation.
I don’t get it. What part of feeding the world’s hungry does this minister find offensive?
Hon. L. Popham: As I said previously, we absolutely support the work that that organization is doing. They are operating a processing business on agricultural land reserve land. They put in an application to the Agricultural Land Commission. The commission looked at it through a lens of agricultural production, and unfortunately, they refused the expansion of that business.
Interjections.
Mr. Speaker: Members.
The member for Abbotsford West on a second supplemental.
M. de Jong: I have to say that the minister has a very odd way of defining support.
Just to bring this full circle, the Gleaners — this volunteer-based non-profit organization — also own the land that the Abbotsford Women’s Centre is located on. Remember them? They’re the women’s support group, the women’s support home that the ALC, using the minister’s new mandate, is evicting from their site. Evicting women from their home, telling the Gleaners that they can’t do what they need to do to feed millions and millions of starving people around the world…. That’s the minister’s version of support?
We have farmers in the gallery today who heard nothing from this minister when their homes were invaded by people trespassing on their property — not a word, until she got in front of them yesterday.
It’s time this minister stopped simply mouthing support and actually showed some real commitment to the work that farmers are doing and the work that volunteers are doing — in this case, to feed the world’s hungry. When will she do it?
Hon. L. Popham: Well, as you know, I don’t interfere in decisions with the Agricultural Land Commission. But what I can say is that the application that was put forward to the Agricultural Land Commission was about expanding on agricultural land.
The other situation was that the shelter had reached its capacity. We’re very fortunate that the Minister of Housing recognizes the need for different types of housing in appropriate locations…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …and will be addressing that in Abbotsford.
Interjection.
Mr. Speaker: Member.
Hon. L. Popham: It’s interesting…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …how the member tries to frame an issue. He just said that our government hasn’t addressed the issue around animal welfare and activism. We’ve been working with the B.C. Agriculture Council on this for months. We’ve been meeting with law enforcement. We’ve been speaking to stakeholders. I think last night we had our chance to make it clear to the agriculture industry…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …that trespassing on farmland is a serious crime. Now, it’s….
Interjections.
Mr. Speaker: Members, please allow the Minister of Agriculture to answer the question.
Hon. L. Popham: I think it’s also important to remember that producing food in British Columbia is important, and if we continue to take capacity away from our food-producing lands, we won’t have that opportunity. There are many things that the Agricultural Land Commission considers when making an application. The first lens is, of course, agricultural production and encouraging farming.
M. Polak: When the minister brought forward the amendments to the mandate for the ALC, she claimed that that was all about trying to increase and improve agriculture. But there’s an example in Langley that shows exactly the opposite.
There’s a plot of land. It’s about 15½ acres. It’s on the corner of 16th Avenue and 200th, a spot I’ve driven by many, many times. I see other people nodding if they live in the area. This land hasn’t been farmed in 60 years. You drive by. There are lots of grasses. There’s a building that gets rented out — a house that gets rented out occasionally — and a run-down old red barn that people can’t use because it’s unsafe.
Enter Southgate Christian Fellowship, who thought it would be a good idea to farm that property. They’ve owned it since 2000. They put in an application where they would build their church and community amenity building and then farm the rest of the land for the first time in 60 years. What does the ALC say? No.
Madam Minister, how on earth is that helpful for agriculture?
Hon. L. Popham: We do have many areas of land that aren’t farmed in British Columbia right now, and that’s why we’re encouraging new entrants to enter into the agricultural sector. In fact, this is something that was neglected for 16 years by the other side.
We have programs that we’ve initiated to get new farmers onto the land.
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: One of them is the land-matching program, which we work on with the Young Agrarians. That is to match people that don’t have access to farmland to land that needs to be farmed. We’ve had great success, over the last year and a half, since we launched that program. Many acres are coming back into production. That could be a piece of land that a young farmer may want to farm on.
I’m not going to comment on the particular application that the member brings up, but what I can say is that when the Agricultural Land Commission receives an application, the primary lens they use is agriculture. So perhaps they looked at that application and decided it would take away from the agricultural production of that land. I look forward….
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: If the member and the members across the way really consider that agriculture is important, let’s talk about that piece of land and figure out how to get it into full production.
Mr. Speaker: The House Leader for the official opposition on a supplemental.
M. Polak: Well, actually, the ALC has just that chance on this plot of land. The minister mentioned the Young Agrarians. In fact, the pastor of the church, in outlining the plans to council, indicated that it’s the Young Agrarians that they were working with to get the rest of that land into production. Council supported the application quite heartily, and just to make sure that the ALC wasn’t concerned that the land might revert at some time in the future, the owners even agreed to register a covenant on the property to ensure that that land being farmed would be farmed in perpetuity.
Mr. Speaker, when will this minister return the ALC to its previous mandate and stop these illogical decisions?
Hon. L. Popham: On anything that would have affected that decision, we did not make changes. Our government did not make changes on that, no. But you know what? What we can remember is, under this government, what happened to the agricultural land reserve and the erosion that took place. We had mega-mansions being built. We had farmland being considered as speculation. We had fill and garbage being dumped all over the land.
Mr. Speaker, they do not have a record they can be proud of. It’s very rich for these members to stand up and say they like agriculture, on the Day of Agriculture in this House, when we know their record on agriculture.
There’s one thing that’s clear. Not only do we believe in agriculture; we know how important it is to this province. We’ve put our money where our mouth is. Over the next three years, there’ll be $30 million more dedicated to the agriculture file.
LABOUR DISPUTE IN
SAANICH SCHOOL
DISTRICT
A. Olsen: The labour dispute between school district No. 63 and CUPE 441 is hurting the 500 school support workers — clerical, transportation, grounds, maintenance and custodial staff — that provide critical services to the quality of public education in my riding. It also disrupts teachers, school administrators and the 8,000 students that are sitting at home this week.
In addition to the disruption to public education, thousands of families in my riding are scrambling to find child care and manage their way through this difficult situation. I’m hearing all about the challenges, Mr. Speaker. The families in my riding need certainty. Accountability flows to this House, where the government must deliver on their commitment to families in British Columbia to provide a quality public education system.
To the Minister of Education, parents in my riding want to know: what is the pathway for resolving this labour dispute?
Hon. R. Fleming: I thank the member for the question. I know, in terms of his constituents, that this is a very stressful situation for parents and for kids in the Saanich school district. I want to let them know that the province of British Columbia is, obviously, monitoring the situation very closely. We have remained available to provide whatever assistance we can to get the two parties back at the negotiating table and find a resolution forward.
I would add that we have achieved success 53 other times with support staff unions right across British Columbia, where we’ve negotiated successful agreements with support staff unions and workers. We expect that within the sustainable services mandate, we can achieve exactly that in Saanich. We want to do it immediately. We’d like a resolution to the situation as soon as possible. The government remains available to help the two parties — both the Saanich school district, as the employer, and the union, represented by CUPE, to do just that.
Mr. Speaker: The member for Saanich North and the Islands on a supplemental.
A. Olsen: I thank the minister for his response.
Mediation has not been successful to date. The parties have been at the mediation table. I’ve met with both sides, and I’ve heard that everyone agrees that, actually, there’s a problem that cannot necessarily be solved locally. There are substantial and historic challenges in Saanich that have gone unaddressed for decades.
From what I’ve learned, the provincial negotiating framework lacks the flexibility the school board requires to address the situation in our district. It appears to back workers into a corner with conditions that punish them for advancing their interests. It forces them to accept the status quo, as they have done for successive contracts. It also handcuffs the employer, whose representative was on the CBC this morning highlighting how the situation impairs recruitment and retention.
It appears that it’s on the minister to solve the situation. In the Times Colonist this morning, the minister rightly states that the previous government did not address this inequity. However, the negotiating framework appears unchanged. The situation is on this government. Only the current minister has the power to do what previous administrations have failed to do.
To the Minister of Education, the situation is impacting the quality of education in my riding and the quality of life for the workers. I’m certain that it’s causing uncertainty for families in Saanich. How does the minister intend to redress the unmanageable and growing disparities between workers in Saanich and their counterparts in the same city in neighbouring school districts?
Hon. R. Fleming: Again to the member, our government is seeking to do what we’ve done successfully with 230,000 public servants right across British Columbia. That is to successfully negotiate agreements under a free collective bargaining framework. We seek to do the exact same in the Saanich school district. We have done so on 53 occasions with the support staff unions around British Columbia.
I want to thank the district thus far, and the union, for trying to work creatively under the sustainable services mandate committee. It’s not as if the parties are hopelessly far apart. They are close, and could be closer, to an agreement.
For example, as the member mentioned, we have inherited a situation where workers in this district have had their wages held down for the better part of a decade. The parties have agreed already to look at an 11.7 percent wage increase in a three-year term for educational assistants. That’s what we’ve been able to offer at this point in time in the Saanich school district.
We have achieved agreements with 53 other support staff unions. The same mandate is available to this group of workers. There is no reason why we can’t be successful. We want to work as hard as we can. We will offer the resources to get the job done, to get an agreement that’s good for the workers in Saanich school district and good for kids, parents and families in classrooms in this district.
AGRICULTURAL LAND RESERVE
CHANGES AND
IMPACTS
S. Bond: Janet Munson, of Terrace, recently wrote a letter to the Premier. Janet’s family has owned and operated a working cow-calf-hay operation since 1990. Her message to the Premier and this minister is similar to what farm families from across British Columbia have been saying to her. Janet says: “The recent changes to Bills 52 and 15 have caused us all serious concern and many sleepless nights worrying about our future.”
Yesterday the minister dismissed and refused to listen or take any responsibility at all for the significant concerns that are being expressed by Janet and other farm families. It’s time for this minister to set aside the speaking notes, stand up in this Legislature and take responsibility.
The members opposite can laugh and giggle. This is a serious matter for farm families across British Columbia. It’s time for this minister to stand up, get on track here and listen to the farm families of British Columbia.
Will the minister listen to the concerns expressed by Janet in a heartfelt letter to the Premier? Will she stand up and agree to repeal Bill 52 today?
Hon. L. Popham: Again, I appreciate the member’s concern about agriculture today. It’s always a good time to talk about agriculture. I was up in the Okanagan this weekend. I was talking to people who grow grapes for a living.
In one conversation I had with a gentleman who has been growing grapes for many years in a small vineyard, he said that when he originally bought his land in the ALR, he had hopes of maybe turning it into a condo development. Then he said to me, “I’m so glad that your government is changing legislation in order to strengthen the agricultural land reserve, because my area…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …that I live in would look completely different if we hadn’t…
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: …protected the agricultural land reserve,” and how proud he was to be a farmer.
Those are the stories I’m hearing around the province. I’m hearing from farmers all the time that are happy that we have an agricultural land reserve. Without it, we wouldn’t have been able, I don’t think, to reach a record high in agriculture this year. We have reached $15 billion in the industry.
My mandate — which is Grow B.C., Feed B.C. and Buy B.C. — addresses issues that farmers are facing on the ground and is helping to get new farmers on to the ground farming. We have a bid B.C. policy which is moving more food through our hospitals and our institutions.
Of course, we are focusing hard on marketing our products to British Columbians and around the world with Buy B.C. It’s looking like it’s working, at $15 billion this year.
Mr. Speaker: The member for Prince George–Valemount on a supplemental.
S. Bond: It’s an interesting answer from the minister, because it isn’t working. Farm families across British Columbia are speaking out and sharing their stories.
Those words are cold comfort for Janet. Here’s what Janet had to say about their farm. “Our farm has supplied beef and hay sales to the local community for almost 30 years. We have improved, nourished the land and provided food security. It’s been a good life until this year.” That rests squarely on the shoulders of this minister and no one else.
Janet goes on to say: “I don’t just feel discouragement with the changes to Bills 52 and 15. I feel completely defeated.” That’s the impact of the changes that this minister made to the mandate of the ALC. Completely defeated.
Janet has a specific request for this minister. She can ignore us and dismiss all of the questions. This is what Janet in Terrace is asking the minister to do. “I am calling on you to repeal Bill 52. Leave the rules and regulations in regard to agriculture and farming to the people who know farming, who have particular knowledge of what they need to do on and off farm to remain viable and sustainable.” That’s Janet’s request to this minister.
Will she do the right thing and stand up and admit that this is a mess and a mistake and repeal Bill 52?
Hon. L. Popham: I’m not sure…. I appreciate that the member read out the letter, but I’m not quite sure what the ask was, what she was trying to do. I’m not sure what she was asking to do on her farm, but I can tell you this. It sounds like they have an incredible farm operation.
Interjections.
Mr. Speaker: Members.
Hon. L. Popham: It sounds like they’re supplying food into the local economy. Something that we can all be proud of.
If it’s around a housing need, her family farm can apply to have additional residences by putting an application into the Agricultural Land Commission. I’m assuming that’s it. If it’s around encouraging farming or marketing their products, we can help with that. I would say that I would love to meet with this resident of Terrace. We can talk about her concerns individually.
I can also tell you that we have a very supportive mandate for farming. Yesterday, meeting with farmers across B.C., I also heard that the policies that we’re putting in place are helping.
J. Rustad: One thing that we’ve heard here clearly is that…. The minister has made sure that common sense has absolutely no place in land use decisions.
In Vanderhoof, the minister’s new mandate means that a temporary work camp, which would have housed 900 people in the community, will not be able to go ahead, despite the support of the Vanderhoof council. This temporary facility would have been behind the airport and seen significant both short- and long-term benefits for the community.
Will the minister do the right thing and ensure that this vital step for the LNG pipeline is achieved in Vanderhoof?
Hon. L. Popham: I think there’s something in process right now. It’s my understanding that there is an alternative site that’s being looked at. There are discussions between local government, First Nations and the oil and gas company right now.
The one thing that I want to point out, which we’re looking forward to…. There are a lot of work camps that are setting up around British Columbia.
We’re in contact with the oil and gas companies around where they’re procuring their food from. There are great opportunities to be able to supply the work camps with British Columbia grown and processed food. So we’re looking forward to that.
We know that those discussions are underway, and when they decide on an appropriate place for the work camp, we’re looking forward to working with them in their kitchen.
ASSISTANCE FOR RANCHERS IMPACTED
BY FLOODING IN
CHILCOTIN AREA
D. Barnett: We have a government that has no problem telling farmers and ranchers what they can build, where they can build and how they can build on their own land. But when these same farmers and ranchers are in trouble, the government has gone AWOL. Ranchers in the Chilcotin are dealing with the impact of this summer’s flooding and need assistance now to help feed their cattle, and many are their pregnant breeding cows.
To the minister: will you and your government help these ranchers or not?
Hon. L. Popham: It is a very difficult situation, with the flooding that’s happened up in this member’s area.
I know that I can always count on this member to bring forward situations in her riding. She’s an excellent representative of her area, and I appreciate it. We’ve had many conversations in my office, and we’ve solved a lot of problems together.
I can tell the House that my staff have been working with the ranching organizations in her area. I think she knows that. We’ve been having meetings. We’ve been helping ranchers and farmers get their applications in order, in order to apply for support and assistance.
We’ve also been in contact with the federal government. In a situation like this, which is a natural disaster, we are able to go into different pots of money with the federal government. So now that their election is over, we’re hoping to see some progress on that.
AGRICULTURAL LAND RESERVE
CHANGES AND
IMPACTS
L. Throness: I have to get back to the Gleaners and the women’s shelter, because what the minister is saying is so unsupportable, so egregious. You know, the minister’s position is obviously indefensible, but she continues to resort to her talking points, her clinical talking points.
Worse than her indefensibility is her heartlessness. This is a heartless way to approach this. She’s happy to chuck women onto the street. She’s happy to let elderly volunteers who want to feed…
Interjections.
Mr. Speaker: Members.
L. Throness: …hungry people in the developing world…. She’s happy to stop what they’re doing. She’s happy to care about land, but she doesn’t care about people. And that’s the problem.
So my question is simple.
Interjections.
Mr. Speaker: Members. Members, the question.
L. Throness: Will the minister have a heart and do what it takes to change this decision — either change the mandate of the commission or pass legislation to overrule this egregious, unsupportable, indefensible, ridiculous and unjust decision?
Interjections.
Mr. Speaker: Members.
Hon. M. Farnworth: The member says “indignation.” You know what? There is a lot of indignation, a lot of indignation of a government that for 16 years….
Interjections.
Mr. Speaker: Members. Members, you are out of order.
Hon. M. Farnworth: You want more? You will get more. You’ll get indignation from health care workers who saw contracts ripped up. You’ll get indignation from people on social assistance who had their bus passes clawed back. You’ll get indignation from people who tried to protect farmland and watched interference after interference with an Agricultural Land Commission from a government that didn’t give a rat about it. You will get indignation….
Interjections.
Mr. Speaker: Members. Members, we shall hear the response.
Hon. M. Farnworth: You’ll get indignation from people who for 16 years were subject….
Interjections.
[Mr. Speaker rose.]
Mr. Speaker: Members. Members, you are out of order. Members, you are totally out of order.
[Mr. Speaker resumed his seat.]
Hon. M. Farnworth: I will end with this: clearly, the truth hurts.
[End of question period.]
Tabling Documents
Hon. S. Robinson: I have the honour of presenting the 2018-19 annual report of the Islands Trust. The report underlines the wide range of activities and hard work of the Islands Trust and the Islands Trust Conservancy Board in managing, developing and sustaining communities and protecting ecosystems in this unique and special part of British Columbia.
Notably, this year the trust conservancy reached an important milestone of 105 protected places, totalling 1,290 hectares of natural and cultural values, with the establishment of the Valens Brook Nature Reserve on Denman Island and the Salish View Nature Reserve on Lasqueti Island.
I greatly appreciate the ongoing dedication of the trust staff and elected officials in fulfilling the legislated purpose of preserving and protecting the trust area and its unique amenities and environment for the benefit of residents and for all British Columbians. They have recently embarked on an ambitious undertaking to review their policy statement, the foundational document that guides their planning and advocacy.
I’d like to take a moment to recognize the trust commitment to focusing its approach for improved relations with the many First Nations with interests in the lands and waters of the trust area. In seeking to move beyond formality and having meaningful interactions with First Nations that are rooted in a sincere and genuine relationship of mutual respect, the trust is helping to advance reconciliation.
Hon. D. Eby: I have the honour to present the Public Guardian and Trustee of British Columbia annual report for 2018-19.
Orders of the Day
Hon. M. Farnworth: I call third reading on Bill 35, Miscellaneous Statutes Amendment Act.
Third Reading of Bills
BILL 35 — MISCELLANEOUS STATUTES
AMENDMENT ACT
(No. 2), 2019
Bill 35, Miscellaneous Statutes Amendment Act (No. 2), 2019, read a third time and passed.
Hon. M. Farnworth: I call Committee of the Whole, Bill M225, Ukrainian Famine and Genocide (Holodomor) Memorial Day Act.
Committee of the Whole House
BILL M225 — UKRAINIAN FAMINE AND
GENOCIDE (HOLODOMOR)
MEMORIAL DAY ACT
The House in Committee of the Whole (Section B) on Bill M225; R. Chouhan in the chair.
The committee met at 11:05 a.m.
Hon. L. Beare: I request leave for permission for the member for Oak Bay–Gordon Head and myself to join the Minister of Jobs, Trade and Technology to answer questions together at those seats.
Leave granted.
On section 1.
A. Weaver: I’m very excited that we’re moving to committee stage. I suspect, with a bill that is rather short, it’s quite clear the questions will be minimal.
I do want to once more acknowledge members of the official opposition and members of government, including the ministers sitting beside me — the Minister of Jobs, Trade and Technology and the Minister of Tourism — for their support on this bill. I look forward to any questions that may come during this committee stage.
Sections 1 and 2 approved.
Preamble approved.
Title approved.
A. Weaver: I move the committee rise and report the bill complete without amendment.
Motion approved.
The committee rose at 11:07 a.m.
The House resumed; Mr. Speaker in the chair.
Report and
Third Reading of Bills
BILL M225 — UKRAINIAN FAMINE AND
GENOCIDE (HOLODOMOR)
MEMORIAL DAY ACT
Bill M225, Ukrainian Famine and Genocide (Holodomor) Memorial Day Act, reported complete without amendment, read a third time and passed.
Hon. L. Beare: I call Committee of the Whole on Bill 33, Securities Amendment Act, 2019.
Committee of the Whole House
BILL 33 — SECURITIES
AMENDMENT ACT,
2019
The House in Committee of the Whole (Section B) on Bill 33; R. Chouhan in the chair.
The committee met at 11:13 a.m.
On section 1.
Hon. C. James: I look forward to the questions from the members as we go through committee stage. I do want to introduce my staff, first, that we have here: Tim Prisiak, who’s the director of securities; Anita Kataoka, the senior policy adviser; and Joey Primeau, our executive director from the department.
Thank you, staff, for the able help. I look forward to our questions.
S. Bond: On behalf of my co-critic and I, and obviously our colleagues, who will be asking a series of questions, we appreciate the minister introducing her staff and thank them for their hard work. Obviously, it’s been a laborious task bringing forward a bill of this complexity and length. We’ll be working our way through the sections.
I wanted to begin by looking at the flow of our questions and where we might start, and I wondered if the minister would be amenable to having a discussion about the…. It’s something that doesn’t fit precisely into a section. There are two alternatives here. We can have a discussion here at the beginning of the committee stage about the progress, the status, the timelines of the work on a national securities regulator, or we can deal with it potentially at section 92.
Obviously, it was of significant interest to a number of my colleagues, and I know that several members would like to ask questions. I just want to have the minister indicate what her preference would be.
Hon. C. James: I think, because the questions and the areas that the members were looking at in second reading certainly impact all of the bill and the work that’s going on with the bill, my suggestion would be that we start with that and that the members ask their questions related to that. Then we can get into the specifics of the bill and the technical pieces of the bill, if that works for the member.
M. Lee: Perhaps I could just continue on with the points that were raised by many members on this side of the House in the second reading stage, including the member for Abbotsford West and myself.
Could we ask: what’s the status of the work that we were speaking to? The last update in this House, when we had this last opportunity to speak to the minister, was about May 7 of this year. Since then, if we could ask the minister, what further work has been done? What’s the status of what needs to be done in order to put in place the cooperative capital markets regulator?
Hon. C. James: Maybe I can start with the discussion we had in May. As the member mentioned, in the estimates debate in May we had a discussion about the work that was ongoing. I will let the member know that that work continues to be ongoing and continues to be very complex. I think the member will remember that a court case was still outstanding, which we talked about in May, for one of the provinces related to this work, and there were ongoing discussions.
B.C. continues to be at the table. We continue to be committed to the project, to make sure that it’s successful, and we continue to be a strong voice at the table. I think part of the discussion yesterday was whether B.C. continues to take a leadership role. Yes. In fact, our staff are experts in this area, are often utilized and play a leadership role. That’s important to us.
On the timelines, the work was taking a break over the summer, and then we went into the federal election. As the member would know, the federal government is also part of these discussions. So there was an agreement that we would take a break, that we would come back after the election cycle, when things had finished up. So I’m expecting that we’ll see a call with the group in the next short while.
I also think it’s important to note…. I know the member and a couple of members asked questions, really, yesterday around the work that we’re doing and the changes that we’re making in this act and whether they have any connection to the work that’s happening through the capital markets, the cooperative national capital markets. In fact, yes, they do.
This act was put out for consultation a number of times. We do not believe the amendments on this work will be a hindrance to the work of the capital cooperatives market. The draft that went out from the capital market is informing our work as well. We in fact think it will be complementary and be a support as we move further along.
I do have to say that this work is going to take some time. This is not going to be something that’s going to be completed in the next number of months. There have been changes in government across the country — Ontario in particular, which, as the member will know, is a partner in this process as well. Those discussions are ongoing. We continue to be committed to the work. I expect we’ll have a conference call shortly, now that the federal election has been completed, and all the parties will be back at the table.
M. Lee: One of the aspects that we discussed last May and that was raised again yesterday in second reading is the timeline for when all parties, with B.C. taking the role that it is, are to complete the work that’s necessary for a national securities regulator function to be put in place. Could I ask: what is that timeline at this point?
Hon. C. James: That was the last call we had before the summer break and before the federal election. There was an agreement that the group would regroup after the federal election. As I said, we’d had a change in Ontario’s government, as well, during that time period. So there is an agreement that when we come back together again, we will take a look again at the timelines and the workplan and adjust it based on the current timelines.
I should have a report by the time we get to estimates again coming up, or perhaps before then, depending on when the call is and depending on the discussion that occurs. I expect this could also be part of the discussion for the federal-provincial-territorial finance ministers meeting as well.
M. Lee: I appreciate the response from the minister. This is the second opportunity that we can have this discussion in the current context, and the opportunity.
As members on this side of the House have expressed, we’re quite concerned that this process is drifting. I appreciate the change in government and some of the other aspects that the minister raised. However, B.C. really needs to take that role. It has a history of leadership in this effort through many years, as we spoke about in second reading and before.
I would ask the minister: in terms of this government’s view about the importance of putting in place this cooperative capital market, does it remain a priority of this government to do so?
Hon. C. James: As I said at the beginning, we are committed as a province and we are committed as a government to making sure the project is successful. Yes, the timelines have drifted. In fact, that was a topic of conversation for all the ministers over this last year on the project itself, and the importance of setting timelines and, most importantly, a workplan that is going to be able to carry that out. So I expect, as I said to the member, that that will be part of the discussion that we’ll have.
I think it’s important to note again that the work that is coming forward in this act and the changes that are coming forward in this act are, in fact, many of them, part of the work that has been informed through the cooperative capital markets work. So you will see many of the recommendations. In fact, from our perspective, it inches us closer to the joint work that needs to occur by making sure that we are making those changes in our act — not working at cross purposes but, in fact, getting the pieces done that need to be done to be able to move towards a cooperative capital market.
Again, the importance of getting this right, the importance of putting a timeline and a workplan in place that will ensure that this protects the kinds of pieces of work that B.C. has been known for and that we need to ensure happen across this country is going to be critical through this process.
M. Lee: Just looking, if I can, at the aspect around the workplan. Could the minister please provide an update to this House as to what those core elements are that remain to be completed?
Hon. C. James: I’ll just touch on a few of the main pieces and major pieces of work that are going on.
As I mentioned, the capital markets act is progressing, and in fact, a fair bit of work has been done on that. It’s fairly far along. But the biggest piece of work that needs to be looked at now is, in fact, the regulatory act, the authority that would be in place. That still has a great deal of work that needs to be done on that piece.
Then provincial implementation legislation. Each province will have to have an implementation, have to have their own legislation to be able to implement the changes that occur across their acts to ensure that there’s a common framework across the country. That’s a piece that is a large piece of work that still has to be done. That has to be done by individual provinces. That’s work that has to be done by all the partners as part of this work.
The initial set of regulations. I talked about the regulatory act. The initial set of regulations went out for consultation. Comments have come back, so we’re taking a look now at those pieces and those comments on the first go-round that people have had an opportunity to be able to look at. Then the last piece, of course, will be the implementation and how that implementation occurs. So those are kind of the main markers that work still needs to be done on across this piece of legislation.
M. Lee: When we had the discussion last in May, the minister made a comment that it was necessitated, given the delays in the project, that staff — presumably, B.C. Securities Commission staff and others in the ministry — would be refocused on their efforts to what would be, and what we’re seeing today in this bill, Bill 41, in effect. Could I ask the minister to comment, in terms of the last five months, on where the focus of that staff has been and where it will be, going forward?
Hon. C. James: Certainly, as I said in the spring, the staff’s focus has been in preparing the legislation and getting the legislation ready, making sure we’re going through the process. That took us through into a portion of the summer, and now staff are again back focused — other than our opportunity to go through the committee stage — on the work that they’re doing with the capitals market. Staff have been having meetings in preparation for the ministers to re-engage once the federal election is done.
M. Lee: We have a 75-page bill that has been worked on. That’s a question perhaps to you. How long has it taken for the government to compile the work that we’re seeing here in Bill 41? Over what number of months has this been the effort?
Hon. C. James: I think it’s important to note that even work on the legislation isn’t full-time work. As the member would know, staff have a variety of duties that they take on, including work on legislation. I certainly gave direction and had discussions with the Security Commission in early 2018 about the fine collections and about their ideas and their approaches that they wanted to take a look at — and the recommendations that they could bring forward, the ideas they could bring forward to strengthen our ability to be able to collect fines, to strengthen our ability to be able to address the challenges that we are facing.
From that time, from 2018 through to 2019, when the legislation was being developed, there was continued work on the cooperative capital market but also work on the piece of legislation that you see in front of us today. The work continued on, but yes, the staff were also focused on making sure that these changes came forward.
As the member will know, and as I said through estimates and in the introduction of this legislation, we felt it was important to act. We felt, on behalf of British Columbians and particularly on behalf of people who are victimized through white-collar crime, that it was critical to bring forward these changes in legislation.
M. Lee: Certainly, we’ll have the full opportunity here with the co–Finance critics to talk about the nature of the enforcement and other tools that are set out in Bill 33. Of course, that’s what I meant to say earlier, when I last spoke. It is Bill 33, Securities Amendment Act. But my point is really that the level of complexity and the differences between securities acts in this country…. It’s the reason why there’s been challenge to harmonize and to bring together a national securities regulator through a cooperative capital markets forum.
The dedication of resources that this government has put towards this bill is one thing to note. But it has taken the eye off the ball, in the view of our members here. There is a window of opportunity here to get this work done, and as the minister just outlined in terms of the work plan, there is a lot of work still to be done.
We’re in that zone. We’re in the zone where there is an opportunity as a result of the Supreme Court of Canada decision. The momentum is there, with seven jurisdictions participating. So we are asking and urging this government to complete that work.
We’re very concerned that first and foremost, with the amount of effort that has been done over the last ten months, since the beginning of 2018, on this bill, the government has relinquished its role, its focus on ensuring that we put in place that cooperative capital markets regulatory authority.
We will talk about, through committee stage, points that the minister is suggesting. There are elements that have been consulted on and that may form part of the uniform legislation.
Let me ask the minister. Is the minister concerned at all, in terms of the continued amendment of the Securities Act of British Columbia, that that will pose more challenge to other provinces, like Alberta, Ontario, other provinces that are part of this effort to put in place cooperative capital markets — that they will have a challenge themselves with the amount of change that is going on and is presented in this bill?
Hon. C. James: No, I am not concerned. The member will know that Alberta isn’t part of this process. Quebec is not part of this process. There are still challenges across the country when it comes to the markets.
I think the other important point to note is that Ontario, in fact, has made changes to their Securities Act every year. They’ve continued to make changes. We have not, here in British Columbia. In fact, we are falling behind some of the changes that have been made. So it’s not accurate to presume that other provinces aren’t making changes. In fact, they are making changes, and B.C. has fallen behind. That is why it was so important to ensure that on behalf of the people of this province, we made sure that we brought these changes forward.
As I mentioned earlier, as well, we took a look at the capital markets act. Many of the changes, in fact, are mirrored from that act. We are doing exactly what we need to do to ensure that our act is moving ahead while continuing the leadership role through the federal national process as well.
M. Lee: Mr. Chair, I think as we go section by section in the committee review, we will be looking at sections that…. Clearly, B.C. is the only province in this country that is proposing that level of regulation — and not a situation where other provinces have already adopted similar regulations. This is going to be an area of, certainly, great review here in this process.
The minister did mention a level of consultation that has occurred with this bill and some of the changes that are proposed in this bill. Could the minister please describe what that consultation process looked like to this House?
Hon. C. James: When I mentioned the consultation…. Consultation occurred on the capital markets act, the work that went on in the capital markets act. That, again, is mirrored….
I know we’ll have a chance, as the member pointed out, to go through where they match up and where B.C. is taking a lead. For example, on the capital markets act, there were two rounds of consultation: one in 2012 and one in 2015. Again, many of those are pieces that are reflected in this act.
On the derivatives piece. As the member will know well, this is a piece where there’s been extensive consultation. In fact, most provinces have moved. B.C. is playing catch-up on the derivatives piece. That’s a piece that was recommended and consulted on and moved ahead on by other provinces. B.C. is playing catch-up on that piece. So that’s been broad consultation.
Then, obviously, on the collections and the fines, that has not been a consultation piece. You wouldn’t want to put out to those folks that you are looking at fining those pieces. That’s part of our act, where there are some changes, and I know we’ll get a chance to go through those when we get into the specifics of the committee stage.
M. Lee: I just wanted to come back to a point that the minister, in her response, alluded to and to give her the opportunity…. There has been this level of consideration and discussion on the status, the timeline, the workplan, the progress being made and the opportunity that’s in front of British Columbia here.
Could I ask the minister what mechanism there may well be that the minister could do in order to report back to the House on the progress that’s being made to put in place this regulator between now and the next estimates — if there is some opportunity to do that, rather than having to wait till the next estimates process?
Hon. C. James: I’m happy to meet with the member any time he wants an update. I’m happy to have a discussion with him and with other members if they want an update on how the work is going. I’m more than happy to do that. Members will know that I do that in my office often with members from the opposition and our own members. So if the member doesn’t want to wait until estimates…. That’s the natural place, because it’s part of the ongoing work of the ministry. It’s a natural place to be able to give an update.
I also think that by the time we get the federal government sworn in, and by the time you have a Finance Minister in place federally…. I think it will be some time before that occurs, for us to get the group back together again and get the work going. In fact, estimates is probably when we’ll have an update on the work. But I’m happy to meet with the member any time he wants an update.
M. Lee: Just one other question, if I may, to talk about the current context. I appreciate the minister’s view on this. As we look at the focus of this government around enforcement, what is the assessment by the minister in terms of the ability of B.C. to do it alone, without the benefit of putting in place the cooperative capital markets regulatory authority? What is the effectiveness that British Columbia, in what it is proposing in this bill, will be able to move forward with in the absence of this prolonged effort that we’re seeing with the national securities regulator?
Hon. C. James: I think the member will have heard me say in second reading that our government believes it’s important to act, not to wait. We also recognize — and I’ve said this often as we have discussions around white-collar crime, around money laundering, around other criminal activity — that criminals don’t know borders. They don’t stop at borders.
We have certainly — in our work that we’ve done on money laundering, the work that we did through the Expert Panel on Money Laundering and Peter German’s report and the work that we’ve done on the Securities Act — called on the federal government to join us in this work, because this work is critical. We will have much more success if we are working together, hence the cooperative capital markets work that we’re engaged in.
It also requires the federal government to be at the table. It also requires the federal government…. For example, in the changes that are made, one of the areas where security fines don’t survive is the bankruptcy process, where if someone declares bankruptcy, the fines fall off the table. That’s something we will ask the federal government and have been asking the federal government to take a look at. There is much more strength for us to work together.
As I said, criminals don’t stop at provincial borders. They will utilize any and all tools to be able to keep the money and not return the money to victims. It’s part of the reason we’ve made some of the changes and amendments that are in this act. So I think the more work we can do together, the better.
S. Bond: I want to thank the minister for spending some time with us. I have two quick questions, but I also want to thank the member for Vancouver-Langara for walking us through the concerns that members on our side of the House have.
I’m wondering if the minister…. I know that she’s referenced the catch-up provisions. We’re going to spend some time talking about where British Columbia is actually going to be leading the country, where we are on our own — not necessarily a good or bad thing. But we do want to know what the context means for the work done nationally.
Could the minister tell me…? Did she share her intentions to move forward on the fines and collection and enforcement side with the rest of the working group? Were they aware that British Columbia was actually going to move ahead on the enforcement and fine side?
Hon. C. James: Yes, we did. In fact, we did a thorough briefing as well.
S. Bond: Is it fair to ask the minister what the reaction of other members of the working group was? Did they recognize the fact that…? Was there any commentary or recognition of the fact that B.C. is now taking a step ahead of the group? Certainly, the minister has described the enforcement and fine collection piece as landmark. Was there a reaction from other members of the working group?
Hon. C. James: Measured response is, I guess, the best way I’d describe it. There was some interest, obviously, in seeing the specifics of the legislation. We talked about the policy work and briefed them on the policy work. They’ll be going through the legislation. There was some interest in provinces, Ontario included, that perhaps, looking at some of the changes, they may want to mirror the changes, as well, in their acts. Good discussion.
S. Bond: Thank you for that response, Minister.
I guess I would like just to ask the minister if she would…. As we understand it, British Columbia was continuing to co-lead the drafting project. Would the minister be able to confirm whether British Columbia is still seen as the co-lead?
Hon. C. James: Yes, we are. B.C. and Ontario continue to be the co-leads on this project. The work goes back and forth. There are discussions around who does what work when, depending on the workload of everybody on the work team. We’re very fortunate to have staff, and all of those provinces are continuing to do this kind of work as an addition to the regular work that they do.
S. Bond: Thanks again to the minister and her staff for being amenable to having that discussion at the beginning of our work as we work our way through the bill.
With that, for the minister’s benefit and her staff, we’re going to start at section 1. There are a lot of sections, but we’ll start to work our way through those. Section 1 talks about benchmarks. Can the minister give us an overview of what the regulation of benchmarks is intended to accomplish?
Hon. C. James: This section provides a framework to allow the Securities Commission to be able to designate benchmarks, which then gives them the ability to create a framework to regulate them to ensure that they meet standards, to ensure that they fit standards. This fits, again, international best practice that’s in place as well. That’s what this section focuses on in the definitions, as the member can see.
S. Bond: Can the minister now, then, provide examples of which benchmarks currently provide payments or derivatives for securities in B.C.?
Hon. C. James: The member asked about designated benchmarks. There aren’t any designated right now. That’s the purpose of putting together this framework in this work.
There obviously have been some challenges internationally. LIBOR, for example, and the challenges that occurred there, are areas that obviously we want to be prevented, and we want to make sure we’ve got the protections in place. This will provide better regulations, as I mentioned, to meet international commitments.
Many provinces have moved on this kind of amendment already, to provide the framework. That’ll give a chance, then, for the specific work to occur around designation.
S. Bond: Can the minister confirm, then, that the regulation of benchmarks is a new process for the B.C. Securities Commission?
Hon. C. James: Yes, this is new, and it’s new for everyone across the country. This is a new process for everyone across the country but, yes, new for British Columbia as well. The rule has not been developed yet. There will be a consistent rule across the country. There’s consultation going on, on that right now. Many provinces have moved on the framework, which is what this is doing, and the rule is still to come, which gives the specifics.
S. Bond: Does the minister consider this, then, one of the catch-up provisions? Since other jurisdictions have made some advancement in the area of benchmarks, does she consider this one of the catch-up provisions?
Hon. C. James: Yes, that’s correct.
S. Bond: With the fact that the whole issue of setting up the framework is new across the country and specifically in British Columbia, how does the minister or the ministry intend to work with the B.C. Securities Commission to transition to the regulation of benchmarks?
If it’s new to us and it’s new across the country, how is best practice developed? Obviously, how resource-intensive will it be at the B.C. Securities Commission? Maybe if the minister could just paint for us a little bit of the transition picture as the B.C. Securities Commission takes on this new role.
Hon. C. James: I think the important point to note in this is that the national policy gets developed. Each province develops their framework, which is what we’re doing and what other provinces are doing, but a national policy is being worked on. That creates a rule. The rule now is out for consultation, as I mentioned.
In the national work that will occur, Ontario will carry a load of that. B.C. will certainly be involved, but Ontario will carry a load, being the largest province involved in this area. They will develop the rule, and then they’ll develop an implementation plan.
This is quite common through the securities work. They’re used to coming out with rules. They’re used to coming out with the implementation plan. Then each of the provinces will implement it.
I’ve been asked to move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 11:58 a.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was granted leave to sit again.
Hon. C. James moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 this afternoon.
The House adjourned at 11:58 a.m.
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