Second Session, 42nd Parliament (2021)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, May 13, 2021
Afternoon Sitting
Issue No. 70
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
THURSDAY, MAY 13, 2021
The House met at 1:03 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call continued committee debate on Bill 13. In Section A, in the Douglas Fir Room, I call continued estimates debate on the Ministry of Indigenous Relations and Reconciliation.
Committee of the Whole House
BILL 13 — EMPLOYMENT STANDARDS
AMENDMENT ACT (No. 2), 2021
(continued)
The House in Committee of the Whole (Section B) on Bill 13; N. Letnick in the chair.
The committee met at 1:05 p.m.
On clause 1 (continued).
G. Kyllo: It’s great to be back in the House to have further conversation and inquiry with respect to Bill 13, Employment Standards Amendment Act (No. 2), 2021. Just before the lunch break, we were asking a series of questions with respect to the timelines, largely when government first became aware of the potential concern around, obviously, COVID, and specifically COVID transmission in the workplace.
The minister provided some context with respect to the timelines by which government was made aware, indicating first that on March 12, actually by an order from the provincial health officer, indicating on March 12 that workers that were feeling unwell should not go to the workplace and stay home. Further to that, on May 6 of last year, a little over a year ago, WorkSafeBC actually provided some guidelines through a safety plan, which set out different protocols and practices employers could employ in the workplace in order to provide protection for workers, again to reduce the transfer of COVID in the workplace. Obviously, increased transfer in the workplace could also impact families at home.
As part of that general inquiry, I think it’s important for British Columbians to have a clear understanding of the timelines that actually were employed. As early as last March, and certainly by May of last year, by May 6, government was well aware of the concerns of the transfer of COVID in the workplace and the negative impacts that would have for workers. The minister had also shared that there was some work undertaken by government to try and encourage the federal government to take actions and initiatives that would actually provide protection for workers through some form of a paid sick leave program.
I think it’s important to note that in the midst of a pandemic, the single largest health crisis that I think our country and our province have experienced in well over 100 years, there was a lot of concern and there was a lot of, I guess, impetus on government to take actions to reduce the transmission of COVID. To that end…. I guess it was government’s own admission. The second largest transfer of COVID actually is in the workplace. The questions that I have today…. I will be spending some time this afternoon trying to understand a little bit more about what government was thinking last spring and why it has taken well over a year now for this piece of legislation to hit the floor.
Government was aware, certainly, of the concerns and the potential transfer of COVID in the workplace. Government also had the financial ability, through a $5 billion COVID spending plan, which was approved by all members of this Legislature last year, in March. It certainly had the financial ability. I can remind those that might be watching from home that it was only back in the summer that the Finance Minister indicated, initially projected, about a $12½ billion deficit for the province. We just found out recently, on the tabling of this year’s financial budget, that the $12½ billion deficit was actually only, approximately, $8.1 billion — so about $5 billion less than initially projected.
Government was aware of the concern and had the financial resources to respond. Then the third part to that is that certainly government had the legislative time on the calendar. This Legislature sat last summer, and as we know, there was ample opportunity in order to bring forward legislation.
There was also ample opportunity that legislation could have been brought forward last fall. A typical sitting of the Legislature would be the months of October and November. But, of course, that was cancelled. That was cancelled due to the Premier’s desire to put his self-serving political interests ahead of the health and well-being of British Columbians. It was during that time that there were significant concerns around the continued transfer of COVID in the workplace.
My question for the minister, at this juncture, would be…. Maybe I’ll back up a step. The minister also had shared that the federal government did provide a COVID sick leave program for workers. That came into effect on September 30. I appreciate government was undertaking efforts, as other provinces across Canada, to try and encourage the federal government to step up and to provide those very important protections for workers.
But by the end of September, when the federal government announced their plan, government identified that there were gaps. There were areas where workers that might want to stay home had to miss, in my understanding, about 50 percent of their workweek of pay before they’d be eligible to apply for the federal program. That actually left a shortfall.
Workers that did not have a sick pay program were actually put at additional risk. They had to choose between going to work with an illness, potentially transferring that illness in the workplace, but at least they’d be able to put food on the table…. And if they followed the health guidelines and followed the WorkSafeBC health protocols and stayed home, they would actually be financially disadvantaged, definitely as far as the timeliness, with respect to a federal program and when that cash flow and that cheque would arrive to them. But they still would be out of pay for those two or three days.
The minister has gone on at quite a length to explain how this bill, what is proposed before us today, provides three days of paid sick leave for workers that are not already covered on a sick leave plan. Up to $200 per day would be paid for by the government. Any additional wage shortfall would fall onto the backs of B.C. business owners. This plan — primarily, the majority of the legislation that’s put before us — is to provide that funding to workers, that gap that currently exists.
My question to the minister is: when government was aware of the shortfall that was left by the federal program on September 30 of last year, why has it taken until May of this year before this legislation was actually introduced?
Hon. H. Bains: I think we canvassed this question all morning. I answered it in every which way that I could. But again, I will give it a try.
As the member will know — and I have listed it here earlier — we were not just sitting idly by when the pandemic hit us. We wanted to see that the workers get the support that they need. If they were sick, they could stay home with a job-protected leave. We did that. We wanted to make sure that the workers, if they become ill at workplaces with COVID, are covered from day one rather than having to go through the claims and the regular process, which would take days and sometimes weeks in order to establish whether that claim is justified or not. We fixed that as well.
Then, in the meantime, it wasn’t just that we were working in isolation here. We were working with the federal government. And, as I said before, it wasn’t just the government. Other governments also were saying the same thing: this is a national emergency, and there should be a national solution. They were talking about an EI-type of program to fix the gap that exists for the workers.
I mentioned earlier today that even the businesses in B.C. and elsewhere wrote to the Prime Minister and said that the national solution is the answer, as far as the sick pay is concerned, for the workers who have become sick and who should stay home to stop the transmission at workplaces. So that work continued on, and we were assured by the federal government that the help was coming. They came in September, and we realized that there were some gaps. We started to work with them again — that those gaps needed to be fixed.
They complied to an extent by extending from two weeks to four weeks qualification, but still left a couple other gaps in there, so we continued to work with them. Indications were that, yeah, there may be a possibility of finding a solution, to have a national program in place. Then, when their budget came — I believe it was about two weeks ago — we realized that there was no mention of that. Then we didn’t stop. We talked to them again.
Again, there was an indication that there might be some kind of a model that we could create here between British Columbia and the federal government that might work not only for British Columbia but for other provinces as well. Because it is a national emergency, and we should deal with it with a national lens on it. Then they came back that they were not able to fix that.
I think the solution, in our view, was easy — that if they weren’t going to top up the $500, they allow the provinces to top up without clawing back. Ontario also suggested, almost similar, that the federal government double the amount to $1,000, and the province would reimburse them.
So I think there was a discussion going on. We had some indication there might be a model available, but then we realized soon after, through the discussions, that they would not be able to do it. They had their own, I guess, challenges in order to do it in a timely fashion. We decided the time is now and that we can’t wait any longer, so we would put together our own made-in-B.C. program.
That’s why we put this thing together. It deals with the one gap that the federal government program has, which is that you must lose 50 percent of work in a particular week, or 50 percent income, then go on to their program. I think it covers that piece. When you lose less than 50 percent, you’re not qualified. So these three days will come in, and the worker will know if they want to take one day off in one particular week or two days. If they’re waiting for the result of their test, they know that they’re covered.
I think that’s what this bill does. I think it deals with the issue that we haven’t had in the short term, up until the end of the year. I think, as I said before, the program is designed to work in collaboration with other support systems, including the federal government, to support the workers who are sick and who should stay home to stop the transmission at workplace.
G. Kyllo: Thank you, Minister, for that additional information.
The minister has indicated that government was aware that a paid sick leave program would reduce COVID transmissions. Government was made aware of that as early as March and, certainly, by May of last year, when WorkSafeBC published specific workplace protocols that would be followed with respect to a COVID WorkSafe plan.
I appreciate that efforts were undertaken to try and put the costs of any paid sick leave program onto the backs of the federal government. However, by September of last year, it was evident, when the federal government came forward with their plan, that there were still gaps.
Can the minister provide to this House any commentary with respect to the urgency, or the lack thereof, of taking action to provide the provisions that are set forth in this particular piece of legislation? This could have happened as early as last summer, but let’s just assume that government was working in conjunction with the federal government.
When they were unsuccessful in achieving the plan that they were trying to pitch to the federal government at the end of September of last year, why has it taken over six months to bring forward this piece of legislation that’ll actually provide protection for workers?
Hon. H. Bains: I think we took action as soon as we could, as soon as we found out from the federal government that they were unable to deal with the gaps. We didn’t just stop doing anything after September. We continued to talk to them. They fixed part of the problem by extending from two weeks to four weeks. They also gave us the indication that they will work with us to deal with a couple of the other gaps that we were talking about.
In the meantime, we also brought in paid vaccination time to help the workers to go get a vaccination, removing the barriers to vaccination. That’s the best solution to overcome the pandemic: to have everyone vaccinated. So we did that as well.
While we continued to talk to the federal government, there were indications that they would be able to entertain our request to deal with those gaps. As soon as they said, “No, we cannot do that,” within two weeks, we brought out this bill.
G. Kyllo: Well, that’s interesting. The minister just confirmed in this House that government waited to see the federal budget and then has indicated that within two weeks, he was able to present this legislation to the floor, which seems to contradict conversations and commentary of the Premier, in the media, indicating that he had a B.C. plan on the shelf and ready to go last summer.
Here we are in May of 2021, seeing a piece of legislation that, in part, will address some of the risks of COVID transfer in the workplace, yet government had the financial ability. They had the knowledge. They were aware that workers were at increased risk — those that did not have access to a paid sick leave program — but they continued to wait and stall and delay in introducing this legislation.
Do they have any specific data, or have they read any of the reports with respect to the studies that have been undertaken, to determine the percentage of COVID transmissions in the workplace that can be reduced through a paid sick leave program, and is he willing to share that with the House today?
Hon. H. Bains: It was made clear by the provincial health officer that if workers are sick and if they stay home, that will help stop the transmission. It’s been accepted fact that if workers who are sick with COVID don’t come to work, the transmission at a workplace will not happen. That was clearly established by the provincial health officer.
We knew that workplace COVID transmission would take place, because there were some operations that were shut down because there were outbreaks of COVID in those operations. So businesses recognized that — that the workers should stay home when they’re sick, to stop the transmission at a workplace, to increase the viability of the operation to continue to operate. They recognized that.
That’s why many businesses stepped up and allowed people to take time off without loss of pay. But there are lower-end workers — many of them minimum-wage workers or close to it, and the grocery stores and such — that take a risk if they know that they will lose money if they stay home. So they would go to work. That is accepted fact. Then if they go to work, transmissions take place. That is not good for workers. That’s not good for businesses.
Businesses, as early as May 13, recognized that. There are about 20-some businesses, many of them from here in B.C., but there’s also the Ontario Chamber of Commerce, that penned a letter to the Prime Minister. For the benefit of the member, maybe I’ll read parts of that letter. It says:
“Sick pay for employees required to self-isolate or who were found to be ineligible for provincial workers compensation coverage through the regular claim adjudication process should, in our view, be covered under employment insurance (EI) and/or Canada emergency response benefit, CERB. In this regard, we ask that your government” — this is a letter to the Prime Minister — “immediately initiate discussions with provincial officials to extend COVID-19 sick pay coverage under the EI program and/or CERB. Discussions should include which order of government tops up sick pay beyond current statutory caps for EI and CERB coverage.
“Prime Minister, COVID-19 is a national pandemic, and therefore, a compelling rationale exists for EI and/or CERB to provide temporary sick pay during the COVID-19 recovery period. A national program through EI or CERB has the added benefit of ensuring that sick pay coverage is less variable from province to province as efforts continue to flatten the pandemic curve.”
It’s recognized by the businesses, by this government and by other governments and workers that the EI type of system that already exists…. The system is already there. All they need to do is tweak it so that they deal with the emergency and the pandemic that we have on hand. They did. Then we realized, and others realized, that there were gaps. We immediately contacted them — that those gaps needed to be fixed.
The member talks about September. We continued to talk to them immediately after that, and they fixed part of it. I canvassed this here earlier. They extended from two weeks to four weeks. So they listened. But a couple of other areas of gaps were not fixed. We continued on with them. We had the indication that there would be some answers to fix those gaps. Once they told us that no, they cannot — that they don’t have the ability to do it — as the member said, we were ready to go. Within two weeks, we brought the legislation in.
G. Kyllo: Well, thank you to the minister for sharing what Ontario was undertaking to try and encourage government. I think the question is: can the minister respond and provide clarity to this House? If the provisions of this bill, with respect to the three days of paid sick leave…. Would those have been of benefit to workers, had this legislation been introduced last year — when they became aware that the gaps existed?
The minister has clarified that by the end of September, after working for a number of months with the federal government, the federal government failed to provide all of the protections that the province had been looking for and seeking of the federal government. The minister today has just shared that when they actually decided to take action, they could take action in two weeks, and this piece of legislation is before us today. The province and the government had the ability to move forward — in haste, in very short order, through the minister’s own admission — which could happen in two weeks.
Can the minister explain to this House why, when put forward with the opportunity to provide the provisions of this bill, to provide additional protections for workers — as early as the end of September of last year they had the funding ability; the minister just clarified it only takes two weeks to put this together — it taken over six months for this piece of legislation to be brought before this House?
Hon. H. Bains: Mr. Chair, how many times can you answer the same question, giving the same answer? I explained it to the member with as much clarity as I could, but obviously the member is looking for something different that is not there. Let me explain one more time. The federal government, in September, brought in the program. Jurisdictions across the country realized that there are gaps. They were all given the indication, or they had the indication or the hints that those gaps will be fixed. Discussions took place between our Premier and the Prime Minister that those gaps need to be fixed.
I’m happy that in February this year, they listened and extended from two weeks to four weeks. But the Prime Minister and the Premier continue to engage, to suggest that there are a couple other gaps that need to be fixed. Other jurisdictions were in the same shape and had the same challenges. Everyone was waiting for the federal government to come up with solutions for those gaps. That’s why no one, until they realized and heard from the federal government that they were not able to fix those gaps…. Other provinces also started to act around the same time — some the week before, some the week after.
It’s the same thing that we did, but we continued on with the federal government, with additional discussions. Again, we said: “What about the different model? If the Ontario model doesn’t work, what about a different model, a B.C. model? This is what we are suggesting.” They looked at it, had discussions, and then they came back that “No, they could not go there.” Soon, we heard that they’re not moving to fix those gaps.
As the Premier said, you know, we were ready to go. That’s why, within two weeks, we brought the legislation in. Here we are. I think it serves the purpose to fix the gap of the initial two or three days that workers miss who otherwise, under a federal program, wouldn’t get paid and that is a disincentive for them to take time off when they’re sick. That adds risks of transmitting COVID at workplaces and jeopardizing the existence or the operation of the business.
We are moving as quickly as we could. Again, we’re not stopping with this bill either. We are continuing to have discussions with the federal government that more needs to be done with the federal program. We will continue to advocate, on behalf of not only B.C. workers but all workers, that that program needs to be fixed. If we’re able to fix that and if they are able to allow the provinces to top up the $500, or some other arrangement, I think that is the right solution.
Now, as the vaccination system and the vaccination plan is progressing so fast here in British Columbia, I’m proud to say — as the Minister of Health has been saying and Dr. Bonnie Henry has been saying — that we are over 50 percent vaccinated now. Many of the workers are vaccinated now, partly because we removed barriers as we went along and gave them the support that they need.
I think this bill is as timely as it could be, considering that we tried to work with the federal government to fix the national solution, which I still believe is the answer and which I think other jurisdictions still believe is the answer. But we have to move. So we are moving with this bill as quickly as we could.
G. Kyllo: The minister has indicated that this bill was on the shelf, ready to go. That’s why they were able to respond so quickly and provide this bill on the floor within two weeks of the federal government announcing that they were unable to actually move forward. Having this bill drafted and, I assume, costed and ready to go, if government gave consideration last September to providing that additional funding mechanism that low-paid workers, largely, would actually benefit from, why wasn’t it brought forward last fall?
It really surprises me. I appreciate that work was undertaken with the federal government to try and encourage them to provide the funding for a plan that was more robust and was developed. But when the federal government came forward with a plan that did not fully meet the needs of government and those of workers, which the minister has shared with us today, did government give consideration of bringing this bill forward that apparently was all ready to go? Was there consideration of bringing it forward last year, in the months of October or November, when there typically would have been a fall sitting of the Legislature, or was it just discounted in its entirety and just pushed off to wait for the federal government to finally tell them with certainty that there were no additional funds?
This government was aware of the risk that was imposed on workers that did not have access to a paid sick leave program. In September of last year, government was aware that there were some further gaps that existed. The minister has indicated that this legislation before us today was ready to go. They had the financial ability, yet it was stalled for six months.
Can the minister share with this House, alike with the people of British Columbia, why, when they were ready to go and could have provided those very necessary additional stopgap measures, the additional funding, to provide protection for workers…? With the legislation ready to go, the funding in hand, why did they choose to sit and wait for six months while continuing to put workers at unnecessary and increased risks?
Hon. H. Bains: I think I made it very clear. We did not sit around and wait for six months. We were having discussions with the federal government, because that is the solution. I believed it then. I believe it today. A national emergency requires a national solution. Not only our province. Other provinces felt the same way. Twenty-some businesses representing thousands of businesses in this province believed the same way. So we continued to have discussions with the federal government. We continued to have indications from them, coming back to us, that there would be a solution to those, and they acted. In February, I mentioned, they changed their plan by extending from two weeks of qualification to four weeks. So they were listening. But in the other two areas, we will continue to work with them.
Then we believed that their budget would have something to say about that. Two weeks ago, when we realized there was nothing in there, again, we didn’t just sit around and do nothing. We went back to them. Other provinces started to do the same thing. Ontario said: “Well, if the feds aren’t going to do it any more, we will do it.” Then we also, when we received the indication they weren’t going to do it, continued to have that discussion with them: let’s give it one more try to see if there’s a different model that would be acceptable to complement the federal program.
The best solution, like I said, is that there’s no waiting period in the beginning, and the $500 is topped up either by the province or by the federal government. We have an indication that there’s a chance that their model may work for British Columbia. But soon we realized, or soon we were advised, that they were not able to do it. We were ready to go, and then we brought the legislation as soon as we could.
G. Kyllo: The reasons, the rationale, the justification for bringing this bill forward today also existed last year in the fall. The minister indicates that government didn’t sit around waiting. Well, they did sit around waiting. They waited for the federal government to potentially correct something.
But this government was elected by the people of British Columbia to provide protections, and especially to assist with getting through COVID, to using every measure possible to try and reduce the transmission of COVID in the province of British Columbia. That was what this government was elected to do.
All members of this Legislature, in unprecedented fashion, approved a $5 billion — that’s 5,000 million dollars — COVID spending plan to provide the necessary resources so that this government could act. They could take action. It’s really challenging to see this bill coming forward over six months after government was aware of the challenge.
So I’ll ask again. Did government give consideration of bringing forward this legislation last October? Through the minister’s own admission, he said that the legislation was ready to go. They had the money. They had the legislative tools. Did government give serious consideration to the potential opportunity that government had to provide these protections for workers to reduce COVID transmission in the fall of last year, or was it that government just didn’t even give consideration and decided to just push a potential solution off to the hands of the federal government, to just sit and wait for Budget 2021?
Hon. H. Bains: Look, we’re proud of the work that we did to provide support to the workers in British Columbia during this very, very tough time. Unprecedented, difficult times our province went through, our workers went through, our families went through, the whole world went through. The main priority was the health and safety of our population. I think from all accounts, under the guidance of Dr. Bonnie Henry, we did a pretty good job, and I’m proud to say that.
In the meantime, what we as a province could have done, we did, to protect the workers, provide them support that they need. If they were sick, they could take time off with job-protected leave. That wasn’t there before. That’s what we inherited.
Then we knew COVID exists outside and inside workplaces. We made it easier for workers, if they contract COVID and become sick at the workplace, to get benefits from day 1, without delay by putting a presumption clause with the help of WorkSafeBC.
We even helped, in this House, remove the 90-day requirement for the WCB. After they changed regulations to bring in the presumption, we waived the 90 days. We did that here to support those workers, many workers. I could provide to the member, if he wished, how many workers actually applied to WorkSafe for claims that are work-related COVID. Most of them got accepted.
That’s another support that we provided to the workers. We were thinking all along: how do we provide support to the workers in this province during this tough time? Then, as the vaccination program started, we brought in another program to remove the barrier for workers who need to take time off during work time: three hours of paid time to go and get vaccinated.
But all of that wasn’t just us working in isolation. Like the businesses, like other jurisdictions, we all decided that it’s a national emergency and there must be a national solution. You know, the federal government finally agreed that there needed to be a national solution. They came back with a program to deal with this.
Was it enough? No. We brought it to their attention. Then they listened again. They made changes. I said that before. In the meantime, we continued to talk to them, and we were given the indication that they would fix those gaps that exist. They tried. They advised us, finally, that they had challenges to do with that. Once we knew that that’s what was happening, that they were not going to move….
There’s a real risk. For anything you do that will interfere with a federal program, there’s a clawback issue. If a worker wishes to go on a federal program, there’s a clawback issue. So there’s no point in us doing something when there will be a clawback on the benefit that we provide to workers. That’s the area that we were trying to fix.
I think I have answered this question. I don’t know. I can’t even count that far anymore, but numerous times we have answered this question and we have canvassed this particular question. Anyway, I’m prepared to continue to go this route if the member wishes to continue on this route.
I think at some point, he probably will get to the bill itself, the content of the bill, what the contents of the bill are. Then probably we could have more discussion about what this bill is and how this bill will benefit those workers. We could have a real discussion about that. I look forward to that.
G. Kyllo: This line of questioning certainly does relate specifically to the bill. The bill specifically sets out that it will come into force and effect through government’s own determination, based on when this bill receives royal assent. They could have chosen to have this bill come into force and effect at an earlier date, but they have chosen a specific date in time, which is when this bill actually receives royal assent. My understanding is that the LG has not been called, and it may not be happening today. But I’m assuming that in the next week or two, this bill will actually come into force and effect.
Government has decided and made the decision on when this bill would be introduced, thereby setting the time that these benefits will flow to workers across the province. I’m just trying to establish: did government give serious consideration to implementing this legislation last fall, when they knew that the federal government program had gaps? Gaps existed within it, which led to the creation of this legislation that the minister has indicated was ready and available to be tabled in the Legislature. They also had the financial resources to do so.
Maybe just another inquiry to the minister. What would have been the risk for the province to table this legislation last fall to provide that immediate stopgap measure, while they continued to undertake negotiations with the federal government with the hope that the federal government would provide further supports in Budget 2021? Again, if the minister can just provide maybe some context and some clarity to this House. What would have been the risk? What would have been the risk to British Columbians? What would have been the risk to the financial coffers of the province to introduce this legislation last fall?
Hon. H. Bains: I think, as I have given information to the member in my previous answers, the pandemic hit us out of nowhere. The whole world was brought to its knees. Many around the world lost their loved ones. It took time to develop a vaccine, and so many people suffered.
We, in our responsibility as a government and my responsibility as the Minister of Labour, got to work very quickly by looking at the gaps that existed for workers who are sick and who many times have to make a tough choice — go to work sick or stay home and lose pay. Many of them are paycheque to paycheque, especially the lower-paid workers, as we canvassed earlier today.
Why not at that particular time or that particular time? I mean, we could argue that point as much as we want. We accomplished a lot by having the federal government convinced that it was a national pandemic. It was a national emergency, and we needed a national solution. They agreed. They came back with a program, and then they extended that program. So they were listening. It wasn’t that we were facing a stone wall and then we sat around and continued to bang our heads against the wall. No. They were listening. They moved. Indications were they would move further into dealing with some of the other gaps that existed.
What are the risks? Why not earlier? I think we could continue to talk about that. Why not have sick leave permanently established in the employment standards two years ago, three years ago, the 16 years when they were in power? Why didn’t we have sick leave provisions at that time?
Governments make decisions. They made the decision not to have sick leave provisions to deal with emergencies like this, to deal with influenza, sicknesses that workers face every year.
[S. Chandra Herbert in the chair.]
That impacts productivity. The member should know, because he owns a business. When members go to work sick with an influenza-like illness, it impacts the other workers. Absenteeism increases. Productivity lowers. Well, why not have a permanent sick leave program? The member can look inward and decide why that lacked under their regime for 16 years.
We are fixing not only a short-term issue here. We are talking about a long-term solution as well. That is part of this bill: how this bill is going to benefit workers today. When they wake up in the morning, on Thursday morning, they feel sick. They go for a test. They’re waiting for the result. They need to take Friday off as well. They’re covered under this bill. If they need more time off, they go on to the other programs that exist, especially the federal program.
Could they have a better system federally and cooperate with the provinces? Of course. We would have loved to see that. Didn’t happen. Other provinces — same thing. They waited. They were also working with the federal government, and indications were that the federal government would fix those gaps. They did in February. They went to a length, but they still left a couple of other gaps.
So the indication was that they were listening, that they would move and fix those gaps. We had very productive discussions with the federal government. Even after their budget, we said: “Okay. The Ontario model doesn’t work. What about a B.C. model, a different way of dealing with the issue?” They were interested. Once they said, “No, we cannot move on,” we were ready to go. We moved as quickly as we could. That’s why we have this bill here.
G. Kyllo: I’m not quite sure where to start first. The minister has chosen not to answer the question, in that the provisions of this bill will provide immediate protections, upon receiving royal assent, to workers — and largely lower-paid workers — in this province, and government was well aware of the gap that existed by the end of September of last year. This bill was ready to go. The funds were made available.
The question to the minister was: what was going through government’s mind, when armed with the knowledge that COVID transmission in the workplace can be drastically reduced through the provision of a paid sick leave program? The gaps that are being filled through the provisions of this legislation…. The minister has indicated that legislation was available. They had the funding. They had the opportunity.
Can the minister explain what the risks would have been and what government’s considerations were last fall when they chose to not act? The minister has shared with us that when the federal government tabled their budget, any additional asks and requests of the province were yet unfulfilled. Six months, from the end of September through until the tabling of the federal budget — six months — went by, for the federal government to still not provide those stopgaps.
The province had the opportunity to do what they’re doing today. This piece of legislation could have been brought forward in the fall of last year to provide additional protections to workers that would have reduced the transmission of COVID in the workplace. Of course, workers that are infected with COVID in the workplace take that home to their families.
Government had knowledge that a program that is being put forward and tabled here today would have had benefit last fall, but government chose not to introduce it last fall. All that I have heard from the minister is…. The reason that they didn’t take immediate action, in the instance of a national emergency, a worldwide pandemic…. The only reason that he can indicate and advise to this House, on the reason for their delay, is: “Well, we’re just waiting for the feds to maybe make some amendments.” Six months later we found out that the federal government was still not willing to make those changes.
Can the minister share with us why…? What was the rationale that was undertaken? There must have been discussion. They had the bill ready to go. They were aware, as all Canadians were aware, that a paid sick leave program…. The provisions of this bill will provide additional supports and protections for workers. They knew that last fall.
Can the minister share with us…? What were the rationale and the logic for holding on to this piece of legislation for six months, putting workers at increased risk? What was it that drove government to sit on their hands and hold this piece of legislation back, other than…? In all that I have heard from this minister, the only reason is: “Well, we’re just waiting for maybe the feds to tweak the program a little bit more.”
If that is the only reason by which this government did not take immediate action, in the instance of a worldwide pandemic, to provide the necessary supports and protections for workers when all members of the Legislature have provided the funding capacity for government to act…. I would suggest that government’s choice to sit on their hands and to delay on introducing this legislation, only because they thought they could pass the buck on to the federal government, is not good enough.
The Chair: Member, is there a question?
G. Kyllo: Yes. Thank you very much, Mr. Speaker.
I wonder if the minister can provide any detailed analysis or undertakings to try and determine the number of workers across the province that are currently covered under any form of a paid sick leave program.
As we know, data drives decisions. The Premier yesterday, in question period, made the comment that data is very important in helping to guide the direction of government.
Can the minister provide…? What efforts were undertaken over the last 15 months, since the pandemic hit our door, to undertake any kinds of surveys, data collection or otherwise to fully understand how many workers in this province are not currently covered under a paid sick leave program?
Hon. H. Bains: The member will know that the employers in this province are not required to advise the government on what benefits they provide to their employees. You get some knowledge through collective agreements.
The labour code at one time required that all collective agreements be submitted to the labour board. Over a previous number of years, that didn’t happen as much as it should have happened. So when we made the changes to the labour code, I think we put that emphasis on the changes as well, that all collective agreements must be submitted to the labour board. I think that’s why it is not as easy to pinpoint the number of employees who do not enjoy sick leave provisions at workplaces.
G. Kyllo: Can the minister advise if any other surveys were sent out — or any efforts whatsoever, either through WorkSafeBC or employment standards or other government entities — to try and understand and ascertain how many workers would be covered under any form of a paid sick leave program?
Hon. H. Bains: There are some surveys done by different organizations. B.C. Fed will report that about 50 percent of the workers do not have paid sick leave provisions at their workplaces. Under their estimation, a little over a million workers do not enjoy paid sick leave provisions in British Columbia. There are some other reports. They say the same thing.
I think the reports continue to come back to say that unionization is the key driver in having paid sick leave at workplaces. So I guess with more unionization, there are better provisions at those workplaces for sick leave provisions. I would suggest that, in the end, it’s anecdotal. Many non-union workers and private sector workers are the ones who do not enjoy paid sick leave.
I think those estimates are probably close to what…. When you look at different people talking about different numbers, it’s about a million workers, plus some, that do not enjoy sick leave provisions at their workplaces right now.
G. Kyllo: Thank you very much to the minister. I guess what I hear from the minister is that there were no direct undertakings of this government, over the last 15 months, to really understand the breadth of workers in this province that are not currently covered under, or do not have available to them, a paid sick leave program. The minister has indicated that they’re largely relying on federal data, which indicates about 50 percent.
The reason, I think, that this is important is that as we start to establish legislation, if we look at what the potential impacts are on COVID in the workplace and otherwise, it’s really important that we have the statistics, the important information that will help to guide government in making good and accurate decisions.
Now, the minister provided some context yesterday, in his comments about the potential cost of this program. I’m assuming that that must be based, in part, by assuming a certain number of workers that might be eligible for this particular program. The minister has also indicated that a lot of work has been done.
I’m just wondering if the minister can provide any further comment with respect to why there were not any undertakings, over the last year, to really fully identify and determine how many workers are currently not covered under, or do not have access to, a paid sick leave program, what the size of those organizations might be, and what might be the inhibitors from companies actually bringing forward some form of a plan.
It was the Premier, yesterday, who shared with this House how government relies on data to be informed in making decisions, yet this bill appears to be largely based on data that was assembled through an estimated number of workers from a federal study.
Just a follow-up to that would be: is there the ability of government, through regulation, to make changes, or were there opportunities available to government to make changes — to employment standards, WorkSafeBC reporting or otherwise — in order to potentially capture that data so that government would have had more data from which to inform the decisions based around this legislation before us today?
Hon. H. Bains: As I said before, once the pandemic hit us, the focus of the government was to protect the health and safety of our families and of workers at workplaces. That was the focus. Businesses were hurting. They were almost all shut down in the beginning.
Then we went through phases to reopen the economy — to help the employers to see how they could continue to operate under those very, very difficult and challenging times — by bringing in, as the member had said earlier, unprecedented packages to support the businesses to survive through this tough time that they were facing. At the same time, how do we protect the workers and fill the gaps that existed, be in support of those workers at workplaces if they are sick?
We acted on all of those. Businesses received benefits in every different part that we could. Then the workers…. I mentioned earlier how we brought in job-protected leave. You’re sick; your job is protected if you take time off. That’s good for the business; that’s good for the workers.
Then we made changes to the WCB — which, by the way, the member didn’t support — to bring the presumption, to support those workers who become ill at a workplace and need to depend on workers compensation, file a claim so that they could get benefits from day one. They get the support that they need on day one so that they recover sooner to go back to work. And they protect the workers at the same time, and the workplaces, so that we could stop the transmission at workplaces.
I mean, we could sit here and argue who did what. Those are the facts. The member and his party did not support workers who become ill at a workplace with COVID, to give them support right away through workers compensation. Then, as the vaccine program started, we moved again to support the workers so that they could go get a vaccination without any barriers.
In the meantime, like I said, we were working with the federal government. The federal government agreed that it is a national issue and we need to come up with a national solution. All other jurisdictions agreed with the same thing. They all worked with the federal government. The federal government came back with the support, but then we identified with them that there were more gaps that needed to be fixed. There were gaps that needed to be fixed. They fixed it. It’s not that we just sat around and the federal government sat around.
In February, they came back and fixed one of the areas of gaps. But there were a couple of areas that still were still left. And we continued to work with them. That was February. March, April, we continued to work with them to make sure that those gaps were fixed. We had the indication that they would. Budget came two weeks ago. It wasn’t there. We again worked with them. Again, they looked at different models: “How do we fix…?”
We didn’t sit around, as the member sometimes alleges or claims that we did. We were working every day, and the provincial workers were working every day in order to fix some of those areas that needed to be fixed to support the workers and families. Once we realized the federal government’s inability to fix those gaps, once they advised us that they were not able to move on those areas, we moved very quickly. That’s why we have this bill before us. As soon as the federal government gave the indication that they’re not moving any further, we moved, and we moved very quickly.
G. Kyllo: I have not accused government or the ministry of sitting around. I think that the population of British Columbia will make their own determination, from the answers provided here today, which will evidence either the actions or lack thereof, of whether government was sitting around or not.
The question, if I could, just to provide some clarity: does government have the tools and do they have the ability through regulation to require businesses to report, either through WorkSafeBC, employment standards or even maybe through the federal government, through EI…? Was there an ability for government to reach out and to better understand how many workers in our province are currently not covered and have access to a paid sick leave program — yes or no?
Hon. H. Bains: I think the member would appreciate that we are talking about a time when businesses were hurting. To add more burden to them — in their words, more red tape — how is that going to help those businesses who are struggling to survive? Now we’re asking them to provide us this much information.
I guess governments, through law, probably…. I’m not an expert in this. Can they force every employer in this province to provide certain information? I think that’s a question that some expert could answer. But we need to understand. Businesses went through a very tough time. We have enough information already. We could send 5,000 surveys and get back 20 percent. It will confirm exactly…. There is other research done by Ernst and Young. They’re almost confirming the same numbers. So I think the information is there.
Now, what we do with that information is what is being discussed here today. This is the bill that will support the worker who gets up in the morning one day, feels sick, feels that they have signs and symptoms and could stay home without worrying about income for that day. And we will support the employer, because they are also struggling to survive.
It is a balanced approach. It deals with the gap that exists in the federal program. If the worker needs more time, we wish that we were able to top up the federal program. We weren’t allowed to, but they will be going on the federal program then.
G. Kyllo: Thank you very much, Minister. I guess the question that I have is: what work or what efforts were undertaken by government to really, accurately understand the breadth of the issue and the number of workers that do not have the opportunity for a paid sick leave program?
From the answers that the minister has provided, it appears that they chose not to undertake any direct surveys or undertake any actions where they could actually really understand, with some specificity, the number of workers that are currently not covered under a paid sick leave program in the province. They have chosen to rely on national data and maybe a correlation between the national data and the information that the minister just indicated was provided by Ernst and Young to come up with some estimation.
I don’t want to belabour this point, but when we look to governments to make decisions that have significant financial impact both to the province of British Columbia and to employers, I think it is important that government take those initiatives and those efforts. I appreciate it was a pandemic, and I appreciate that businesses are really struggling right now. I know it only too full well.
However, I certainly would have thought that this government would have undertaken more proactive measures to better understand what the actual data shows. Because as the minister shared with us yesterday, they have come up with some estimated numbers on what the potential cost of this program is. So that’s where I think it is very important and incumbent on governments to make sure that they’re using accurate data and undertaking efforts to ensure that they have accurate data when they’re making decisions that will have significant cost implications to British Columbians.
Moving on from the lack of effort by the ministry to really fully understand the breadth of those that are currently not covered under a paid sick leave program, could the minister just outline for this House the consultation process that was undertaken over the last 12 months, in the development of this legislation, with businesses and workers across the province?
Hon. H. Bains: This issue has been with us, as the member has canvassed, for a long time — going back to establishing the Economic Recovery Task Force by the province. They met regularly, where you have labour, non-profit and business groups representing their members.
These discussions took place there — what kind of program there should be. That’s where the letter from the businesses to the Prime Minister was…. That’s how it started. Then that table continues on to have the discussion.
We had, also, the COVID Industry Engagement Table, which I sit on. We have numerous meetings on that too. We discuss many of these issues. How do we support the businesses? How do we support the workers? How do we have a program to have the workers stay home? Surrey Board of Trade — I had a discussion with. B.C. Business Coalition. You name it.
These discussions have been going on for months now. Everyone agreed that there has to be a national solution to it, and that’s why all of the businesses — almost all of them, I think — represented by these 20 different organizations combined a letter saying that the national solution is the answer. We continue to work towards that.
I think that’s the engagement. That’s the consultation that we had. Once we realized that the federal government isn’t going to move to deal with those issues, we moved here to fix the gap that existed there.
G. Kyllo: Thank you to the minister. Could the minister just clarify, specifically, what groups did government rely on to better inform, I guess, the creation of this legislation? The minister referenced the COVID Recovery Task Force which, I believe, is chaired by the Premier of the province. There was also a reference to a roundtable. But if the minister could just provide a bit more clarity with the specific groups that were actually consulted upon….
Further to that, was the engagement with these organizations more to get a general feel or general input into the need or necessity of a program? Or was this bill, or the provisions that are set out in this bill, specifically brought forward to these groups for consideration?
Hon. H. Bains: As I said, when we had these discussions with these different groups on a regular basis — not only to particularly discuss the content of this particular bill, but generally, how we support the workers who are sick to stay home…. Many stakeholders, actually, have written to us. They believe there should be a paid sick leave provision. Surrey Board of Trade, for example, is one of them. The others have also said the same thing.
The businesses that I mentioned here believe that there should be a paid sick leave provision, but they believe — all of them believe — it should be an EI-type of program that should be the one that should administer this federally. That’s why the letter to the federal government, by all those businesses. So same thing.
Many businesses wrote to us that we need to make sure that the workers who are sick stay home. There needs to be support for them. Also, how do we support the businesses at the same time if that happens? I think they’ve been advising us that there is a clearly established need for workers who are sick with COVID to stay home without loss of pay.
At the same time, businesses need to be supported as well, because they’re going through a tough time as well. This bill addresses that. We looked at all of that information and analyzed it, and then we brought this bill together because the feds refused to move on a couple of those areas that we believed they should have.
G. Kyllo: Can the minister provide some specificity with respect to the businesses? If there are 500, I certainly don’t need all the names. But the minister referenced two groups specifically. He referenced the COVID recovery task force, which I believe is chaired by the Premier. I’m sure I can find specifically which businesses are actually part of that organization.
There was also reference to a round table, if the minister could maybe just provide a bit of context. What I’m trying to determine is the breadth of consultation with business organizations around the province, first, just to find out which organizations were consulted. The explanation the minister just provided sounds like kind of a general conversation. You might get together with your family and talk about the need for, maybe, a vacation. Everybody says, “yeah, yeah, we need to go on a vacation,” but obviously, there is more specificity when it comes to determining where you’re actually going to go.
In addition to the number of organizations consulted, also looking for some specificity from the minister, if he might be able to provide. Were the provisions, specifically, that are outlined and developed and presented here as part of this bill today, discussed and brought forward for consideration by all of these businesses, or was it just more of a general conversation with the businesses? So kind of two parts to that question.
Hon. H. Bains: On the B.C. Economic Recovery Task Force, we have Surrey Board of Trade, Vancouver Board of Trade, B.C. Chamber of Commerce, B.C. Federation of Labour. There are social services sector reps, a rep from SUCCESS and creative sector. Those are the people who represent those organizations who are on the Economic Recovery Task Force.
On the B.C. COVID Industry Engagement Table, I’ve got four pages if you want me to read them. All right. I’ll read them.
Interjection.
Hon. H. Bains: I’m ready.
Interjection.
Hon. H. Bains: I’ve got more. There are four pages of all different sectors and organizations. Many of them come to attend those meetings. That’s how far and wide this task force covers.
G. Kyllo: Maybe we could just ask that the minister could actually table those specific documents just so we have it on the record, with respect to the number of business organizations.
There were kind of two parts to that question. The second part was the discussions or conversations that happened with these two business groups. I was looking for a bit more clarity from the minister whether there was just kind of a general conversation around the need and necessity for a paid sick leave program or whether the contents of this bill were actually directly consulted — if those business organizations were directly consulted with respect to the provisions that are set forth in this piece of legislation.
Hon. H. Bains: We had a general discussion, and everyone…. I mean, the discussion was…. I think it was accepted that when workers are sick, they should stay home. The discussion about how we incentivize for them to stay home…. It was realized that many workers may not be able to stay home when they’re sick because they can’t afford to. So that is the issue identified and the solution — that they should stay home without loss of pay.
At the same time, it was discussed that the businesses also are hurting right now, so they should not be asked to carry the entire burden. I think, when you look at the discussion generally, in those areas, and then you’re expected to deal with those when you have the opportunity to deal with them, then you put it into the bill.
That’s how we arrived at this. We believe that in order to move from those discussions and issues and concerns that were raised…. This is how we arrived at the solutions to address them. We believe it addresses the concerns that were raised during those discussions.
G. Kyllo: I just wanted to go back and confirm that the minister is willing to table the document that he referenced and showed me here in the House, just to get that on the record with some clarity. Then as a further follow-up, I wanted to just confirm that there were no other business organizations that were actually consulted as part of this bill. The minister referenced two specific organizations or, I guess, business groups.
I wanted to just provide the minister one additional time to clarify if there were any other businesses or organizations that were consulted with respect to guiding government in the development of this bill, making sure that the minister would please just clarify that he’s willing to actually table the document that he referenced earlier.
Then further to that, just to clarify that consultation on the legislation, I certainly believe, would be very different than what the minister has characterized. A conversation with business organizations around the need or necessity for government to provide protections and support for workers for a paid leave program — that’s one conversation. But the specific provisions of this bill, which we’ll get into in a bit more detail later this afternoon, I’m certainly hoping….
I’m wondering if the minister could just confirm for this House whether the provisions that are specifically set forth in this bill — not just pertaining to this first section we’re still on right now — were specifically discussed and talked about with these business organizations in advance of this legislation coming forward today.
Hon. H. Bains: I think I would like to read the names again.
The Economic Recovery Task Force, the Surrey Board of Trade, the Vancouver Board of Trade, B.C. Chamber of Commerce, B.C. Federation of Labour, social services sector, SUCCESS, creative sector. They were at that table. There is more than one person sitting to represent many of those, so that’s who they were. It’s not just the businesses. You have the B.C. Federation of Labour. There is a non-profit as well.
As far as the COVID industry table: Aerospace Industries Association of Canada, Alliance of Beverage Licensees, B.C. Agriculture Council, B.C. Alliance for Arts and Culture, B.C. Chamber of Commerce, B.C. Construction Association, B.C. Craft Brewers Guild, B.C. Economic Development Association, B.C. Federation of Labour, B.C. Ferries, B.C. Food and Beverage, B.C. Hotel Association, B.C. Hydro, B.C. Maritime Employers Association, B.C. New Car Dealers Association, B.C. Pavilion Corp., B.C. Restaurant and Foodservices Association, B.C. Tech Association, B.C. Transit, B.C. Trucking Association, BeautyCouncil of western Canada, Black Business Association of B.C., Building Owners and Managers Association, Building Supply Industry Association, Burnaby Board of Trade, Business Council of B.C., Business Improvement Areas of B.C., Canada West Ski Areas Association, Canadian Federation of Independent Business, Canadian Manufacturers and Exporters B.C., Council of Forest Industries, Creative B.C., Destination B.C., First Nations Summit, Fitness Industry Council of Canada, go2HR, Greater Vancouver Board of Trade, Manufacturing Safety Alliance of B.C., Mining Association of B.C., Motion Picture Production Industry Association of B.C., Restaurants Canada, Retail Council of Canada, Small Business B.C., Small Business Roundtable, Surrey Board of Trade, Tourism Industry Association, TransLink, Unifor, Union of B.C. Municipalities, Urban Development Institute, Vancouver Airport Authority, Wine Growers B.C., WorkSafeBC.
Then from the B.C. government, attendees were the Minister of Jobs and the Minister of Labour, and then there were other deputy ministers and other staff from those ministries.
G. Kyllo: In the absence of any additional businesses or business organizations, I will take the minister’s second response now that the information that is provided, as far as the breadth of the consultation, is the entirety of the consultation that was undertaken.
Further to that, can the minister confirm specifically how many meetings there were, what the dates of those meetings were and the duration of those meetings and, specifically, if the provisions that are set out in Bill 13 were shared or referenced with the members of those organizations that the minister has referenced?
Hon. H. Bains: I think the member should know that you don’t discuss the provisions of legislation with the groups before you introduce in the House — not specifically on the provisions of the bill. Generally, you discuss the issue, concerns, possible solutions. That’s what took place. A general discussion took place. What were the issues? The issue was, as I said before, that workers who are sick should be able to stay home without loss of pay, and employers should not be asked to carry the burden. How do we do that? All was moving in the direction that it’s a federal solution required, an EI type of program.
Then, when that came, there was some satisfaction that at least there was a federal program to deal with some of the issues that were raised. But gaps were still there. People talked about gaps. Before we introduced this bill, there were business groups out there publicly saying that we should have sick leave provisions in this province.
So you listened. There were organizations out there talking about X number of days. Others were asking for X-plus number of days. We as the government listened, and we believe that this is the right balance to give the workers, so that when they wake up in the morning sick, they could stay home. They were able to stay home without loss of pay. Also, we decided that we would step forward to support the businesses with the cost as well.
G. Kyllo: Thanks to the minister for that information. Can the minister provide some specific dates on when the consultation actually took place? The minister has indicated there has been some broad consultation with these industry organizations and all the different businesses that are members of those associations. I’m just trying to understand. If the minister could provide some context as far as the dates of those specific meetings that talked about, specifically, the necessity for a paid sick leave program.
I guess, further to that, the minister has shared now with this House that there was no discussion with these business organizations around the specific provisions of this bill. Maybe just a bit of further clarity, if the minister might be able to share with this House…. In those conversations, was there discussion around the number of days that a program might entail or might envision, and of who might bear the costs?
I guess, more specifically — these are largely business organizations — were businesses aware, or at any point in time did the conversation come about, that there would be a proportion of costs actually borne by businesses with respect to the bill that’s brought before us today?
[N. Letnick in the chair.]
Hon. H. Bains: The industry recovery task force started about April last year. There were regular meetings, and those issues were raised. It resulted in the businesses writing to the Prime Minister for a national solution. And we continue on that path to find a national solution. Then we established, also, the COVID-19 engagement committee, which also included almost all of those members who were on the industry recovery task force.
With those, the latest meetings I had were March 29 and May 10. But since the Economic Recovery Task Force started and COVID hit us, we had numerous discussions with industry, with labour, with others — from a requirement for paid sick leave of various kinds. Some would suggest ten days, others four weeks and others fewer than that.
Also, the temporary layoff provisions that we were engaging in with industry — how do we keep the connection of the workers and the businesses during the layoff? We provided provisions to help the workers and the businesses to deal with that issue as well. So all along, the one issue that continued to be discussed was the paid sick leave and the requirement for workers to stay home. That’s what was being driven down by the provincial health officer to ensure that the workers who are sick stay home to stop the transmission.
So that discussion went on. You don’t discuss how many days with a group, because look at the variety of different groups in here. All of them are — all different spaces or all different numbers that they would come up with. Like I said, the B.C. Federation of Labour was on that table. They were at ten days. Others would be at five days. Others would be no days.
I think, when you listen, the issue was: how do we help the workers to stay home when they’re sick, to stop the transmission at the workplace? That was the issue. How do we deal with this? It was felt that the federal solution was the right solution. We continued to push right up until the federal budget came in. Even after that, we continued to push to see if there was a way to improve the gaps that existed.
When we realized that they weren’t moving…. We knew the discussion that we were having. We knew that the stakeholders had been approaching us to move on the sick leave provisions and bring in sick leave provisions at workplaces in British Columbia to stop the transmission at workplaces.
There were some who were talking about only the temporary portion. Others were talking about long-term. As a government, we looked at all the discussions, and we said this is the right solution. It balances out different interests out there. It will allow the workers to stay home who are sick, to stop the transmission. At the same time, the businesses are being supported by the government as well.
The Chair: Members participating remotely, on the off chance that the two Richmond MLAs from different parties are having discussions with each other, that would be great. Just turn off your cameras while you’re doing it. Otherwise, if you’re talking through your electronic devices to other people, I would suggest that you turn off your camera as well, as per standing orders. Thank you.
Shuswap.
G. Kyllo: Thank you very much, Mr. Chair.
Thank you to the minister for that additional clarity.
Can the minister share with this House the conversation around the provisions that are set forth in this bill — specifically, the temporary funding of paid sick leave for workers for up to three days — whether that was discussed and if there was a general consensus? What I’m trying to get an understanding for is that…. I appreciate government needs to consult, and I appreciate it’s not a vote around the table, but was there any consensus-building? Was there an overwhelming majority of members that were supportive of the temporary paid sick leave provisions that are set forth in this bill?
Hon. H. Bains: The consensus was listed in this letter. It is to have a national solution. A letter from 20 business organizations that there needs to be a sick leave provision addressed through the national program — that was the consensus.
The consensus was that sick leave provisions need to be there because businesses were worried that workers who are sick are making a choice to stay home and lose pay or come to work and risk their businesses by allowing the transmission of COVID at the workplace. They’re seeing the results of that. That was the consensus: that workers need to stay home when they’re sick, and they need to be supported.
They asked the federal government to do that. The federal government did that. Not enough. Gaps need to be fixed. That’s what we took from these discussions: those gaps need to be fixed. We were hoping, they were hoping, that the federal government would do that. They didn’t. We’re fixing those gaps.
G. Kyllo: I appreciate that additional clarity.
Can the minister share with this House that once government was made aware, in the end of September of last year, that the program that the federal government provided had some short gaps or shortfalls, which the minister referenced, and that the provisions of this bill are, largely, there to fix and fill those gaps, if there were any further or subsequent conversations with those organizations, specifically about the need to provide the provisions that are set forth in this bill?
I appreciate the minister shared that you can’t talk specificity with respect to the number of days and that sort of thing. Just wondering if there were any subsequent discussions with these groups after September 30, when government became aware that the federal government’s program did not provide the fulsome coverage that the province was looking for — and if these organizations were part of the conversation about government’s intention to move forward with additional provisions as presented in this specific bill around the temporary three-day paid leave provisions as set forth in Bill 13.
Hon. H. Bains: The discussions that took place were about the gaps that existed in the federal program. One of those gaps is those 2½ days initially, and the $500 per week that is after, if they qualify. We couldn’t do much about the $500, because — I think I gave answers earlier — the top-up would not be allowed by the federal government without clawback. So the first gap that is for 2½ days is what we are fixing here.
G. Kyllo: Great. I appreciate that answer. And through those discussions, obviously, there were conversations around the opportunity for the province to maybe fill in these missing days that were not covered under the federal program. Can the minister just share: was there a general consensus that this was the right thing to do, and a general consensus, I guess, by the organization that the province should be pursuing some form of stopgap measure, similar to what’s presented here before us today?
Hon. H. Bains: The consensus was that a sick leave provision needed to brought in. Originally, the federal government pushed into it. They moved but left those gaps. Now, the discussions were around the gaps. It was a consensus. There’s a gap, 2½ days, two days. So the member could ask me: why three days? Why not four days? Why not one day?
We came up to fix the gap. That was the consensus — to fix the gap — because workers who would lose that one day or two days while they were waiting for the result may not go for the result. They may come to work, because they can’t afford to lose money from their paycheque. So those two days and 2½ days they need to miss in order to qualify for the federal program — that was the gap identified. That’s where the consensus was. That’s why three days is the provision here.
The Chair: I’ve received a request for a five-minute health break. Do you want to ask your question before that, Member for Shuswap?
G. Kyllo: Sure. Maybe I’ll just finish where I’m at, if that would be acceptable. To the minister: thank you very much for that information. The minister has shared that there was general consensus by these organizations to, I guess, direct or give government the confidence to move forward with the provisions of this bill with respect to the temporary relief for up to three paid work days for those that have illness in the workplace.
I’m just wondering. Was there a discussion at all about the potential of some of the costs of this temporary program being borne by businesses? I fully appreciate that the minister probably was not able to share with any certainty or specificity of the group on who would be paying.
Just trying to get an understanding from these business organizations when these consultations were undertaken, were businesses led to believe that all of the costs would be largely borne by government and taxpayers, or was there a conversation where business owners may have been presented with the potential for a portion of some of the costs that will be passed on to employers under this bill? Whether there were conversations around the potential of business owners having to incur some of the costs with respect to these provisions.
Hon. H. Bains: Right from the beginning, employers were concerned. First of all, they believed that there should be a sick leave program. They also believed that this was a national emergency, and they shouldn’t be asked to bear the burden of a sick leave program either.
The Premier also said that he would not ask the employer to carry the entire burden. That’s why, although it’s not in the bill, as the member would appreciate…. We have discussions about how we support the businesses. So the average wage…. We are saying that it will cover most of the workers up to $200 a day. It is a great help to the employers. It’ll work out to be about $25 an hour. If somebody is making $26 an hour, the $1, we’re asking the employer to pay.
It’s a huge help to the employer. We’re not asking them to carry the entire burden. But that’s why businesses were pushing and we were pushing the need to get a national solution to it — so that we don’t ask the businesses to carry the burden. At the same time, the workers who are sick could stay home and stop the transmission.
I think that’s what the discussion was. I think we are stepping up as a government on behalf of the taxpayers. How do we help or support the businesses that are also hurting? There are businesses that have done well during the pandemic as well, the member would appreciate. But there are businesses that are also hurting. I think this is a fine balance that we came up with. Workers will be able to stay home without loss of pay, and the businesses are supported in major way so that they’re not asked to carry the entire burden.
The Chair: Before I call a five-minute health break recess that has been requested, just a reminder to all the members participating remotely.
The Speaker has been asked, by you, to monitor the decorum in the House, which includes when you are at home. Half of the members on screen right now are talking through their electronic devices. Probably on mute, so they can’t hear this anyway, but maybe the House Whips or House Leaders can relay back to both sides of the House what they’ve agreed to do when they’re not here in the House. That would be much more preferable than having the Speaker having to rule every time he sits in the chair that someone is breaking the standing orders that we all agreed to.
With that, I would hope that everyone would participate. Obviously not, because they’re still yapping away.
Interjections.
The Chair: Next time I will have to recognize them, but they won’t hear me recognizing them, so what’s the point?
Anyway, I’ll leave it to the House Leaders. Five-minute break. We’re in recess.
The committee recessed from 3:22 p.m. to 3:30 p.m.
[N. Letnick in the chair.]
G. Kyllo: Just before the short break, we were talking about the consultation that was undertaken with business groups and organizations by government to help inform them, with respect to Bill 13. Can the minister provide any context, or clarity, I guess, to this House with respect to any conversations that might have been undertaken with respect to a permanent paid sick leave program for the province?
Hon. H. Bains: Many stakeholders during these discussions shared the gaps that existed in worker support during COVID, outside of COVID, and they suggested there needs to be a permanent solution. There are some who would want X number of days permanently to be in place. That’s why we put the enabling language in this bill that would require us to consult with all stakeholders between the time that this bill is passed and the end of the year.
We have a number of months that we will be consulting with business groups. We will be consulting with the labour groups, workers, academics. Then we will determine what kind of permanent solution there should be. That’s why the consultation is important to us, and we will consult with all those who will be impacted by this. Then we will make a final decision before January 1.
G. Kyllo: With respect to the consultation and, I guess, the discussions that would have been undertaken, with respect to the potential need for a permanent solution to the problem, as the minister has characterized, the minister shared with us earlier that there was conversation amongst the business groups. There was a general consensus of a need, and there was certainly the desire, I think, as the minister has characterized it, of these organizations for a federal solution, for a national solution, which led to the letter that the minister actually read some excerpts from today during this committee stage of the debate.
The conversations amongst those business organizations were for a federal solution. The organizations came together, put forward a letter specifically to the federal government, asking the federal government to respond with a federal solution in the middle of a pandemic. As the minister has shared, in September the federal government came up with a federal program, although temporary.
As the minister has indicated, it had some shortfalls. It did not necessarily meet the requirements that the government had initially outlined and requested of the federal government.
So as the minister and the Premier had further consultations and discussions with these organizations — which would’ve included maybe more of a permanent program, as the minister has alluded to — I’m just wondering if the context of those conversations were for, yet again, a federal solution to a permanent sick paid program, or if the conversations among those business organizations, at any time, revolved around the potential for a provincially funded permanent sick leave program.
I think why I think this is important…. We know that words matter, when the Premier and the minister have indicated previously, in the media and otherwise, that businesses can no longer afford any additional cost burden in the midst of a global pandemic. We’ve had over 8,000 business failures on account of COVID in the last 14 months. There are another 25,000 businesses that are at significant risk of bankruptcy and permanent closure.
When the minister and the Premier speak publicly and acknowledge the fact that businesses can no longer afford any additional cost burden — and the conversations around the different round tables and the COVID Economic Recovery Task Force that the minister had shared — when there are conversations around even a short-term or an interim measure to provide supports for workers, the minister has shared with us that there was a general consensus of a need. I would expect and fully appreciate that the majority of members around the table, during those conversations, would have expected that any kind of short-gap measures would’ve been covered through general taxation and through the $5 billion COVID recovery fund.
As the minister has shared, there were additional conversations around the potential need for a permanent paid sick leave program. I’m just wondering if the minister can provide any additional clarity, if it’s his belief and understanding that the conversations around the need and necessity for a permanent sick leave program was under the auspices of a permanent program being made available by the federal government and funded by the federal government, or if there were specific conversations amongst those groups about the potential for a B.C.-led, B.C.-funded permanent sick pay program?
Hon. H. Bains: I think the discussion around those tables was to get us through the pandemic. Everyone agreed that we needed a federal solution to it, a national solution to it. That’s why the letter went — to deal with the pandemic and get us out of the pandemic. But the essence of those discussions was the fact that workers who go to work when they’re sick add to the transmission of COVID. That has been recognized. They looked for a federal solution to that.
So I think, going forward, it is responsible for any government to look forward, knowing what we learned today. How do we deal with it in case we are in a similar situation next year or the year after? But in addition to the pandemic…. It doesn’t always have to be the pandemic. We have other situations where workers go to work, they’re sick, and they transmit their illness to other workers. It causes productivity and the absenteeism. The member will know that, because he owns a business.
I think that’s why we’re putting in this enabling language — to get this discussion going. That’s why we would have a discussion, thorough discussion, between now and December, talking to all of those stakeholders who have brought those issues to us during this pandemic — the issue of workers to stay home when they’re sick. So we learned, rather than reacting to it. It took time. Then, in the meantime, the illness spread faster, as you know, and it did spread at workplaces. Workplaces had to shut down, as I said — many of them.
I think, looking forward, it is, I would say, a responsible government to look ahead. How do we deal with issues that are brought to us, that we learned when we were hit by this pandemic today? I think that’s why there’s enabling language.
We’ll have a thorough discussion. The member will know that when we made changes in the Ministry of Labour, whether it’s the labour code, employment standards or a temporary form, we had thorough discussions all across the province. We were guided by those discussions. So I think that’s exactly what will take place between the day this bill is passed…. And then we move on to start the discussion until the end of this year so that we know exactly what kind of model. How do we manage that, and what is fair? How many days? That discussion will take place during the coming months.
G. Kyllo: Thank you to the minister for the response.
I think what is very important to put on the record here today in the information that has been shared from the minister with respect to the consultation that was undertaken and the direction and consensus that was provided by these business organizations that the minister and the Premier felt that they were incumbent to do this broad consultation with….
I will state it again. The large focus of conversation and communication, both the way the minister has characterized the input that was provided by these business organizations as well as conversations and discussions that the province has had, was that there was always a focus first on a federal solution to what’s deemed to be a federal problem.
Government and the Premier and the minister looked to these business organizations for direction and also sought out what they believed to be consensus, with respect to moving forward. Apparently, there must’ve been consensus of the organization to reach out and send the letter to the federal government, asking for a federal solution.
When that federal solution was brought forward at the end of September and did not fulfil all of the requests and requirements of government, and there were shortages or absences or a lack of funding for the three days, which has been evidenced here in the House, again the Premier and the minister looked to these business organizations, which represent thousands or millions of workers around the province, for some direction and guidance. There was consensus around the table that, yes, there was a need to move forward, for government to move forward with a government-funded interim plan to provide interim support for up to three days of paid sick leave for workers, which is a portion of the bill that’s presented before us here today.
When I have asked the question about the discussion around a permanent sick pay program, which is one of the provisions that is set forth in this bill…. I certainly appreciate the minister has indicated that there will be more consultation going forward. But what I’m trying to get an understanding of from this minister is that the province, when presented with COVID — with a national emergency, with a provincial emergency, one of the single-largest health emergencies that ever has hit our province — didn’t immediately run to a solution.
The province could’ve immediately run to a solution to put forward a program that would’ve provided immediate cost relief for workers. They had the financial resources to do that. Yet they chose to sit and wait and to pressure the federal government to try and come forward. When the federal government finally came forward in September with a plan that did not meet their requirements, they still did not immediately fill that gap. The province still chose to try and encourage the federal government to provide those measures.
They waited a further six months before, finally, after exhausting all of the efforts available to them to try and have the federal government come forward, coming forward with this bill today, which puts the cost burden on the province and on businesses in order to meet the missing piece — the three days of pay that workers are not eligible for — before making application for the federal program.
Yet without any broad consultation — certainly, we have not seen any letters from these business organizations coming forward to the province, telling the government, the province of B.C., to go it alone — government appears to have acted unilaterally, without the consensus of these business organizations, to make a choice to move forward with a permanent sick pay program on January 1. Now, January 1 is an arbitrary date. That’s not a date that’s been forced upon anybody. That’s a date that government has selected, and I certainly plan on asking some further questions around why that was the appropriate date.
But the part of the questioning here today is that when the province of B.C. continued to look to the federal government for solutions and to look to these groups and these organizations for consensus, they appear, without the same consensus that they sought in providing the provisions of this bill for the temporary leave, without consultation with these organizations around the province going it alone and creating their own program…. Government has chosen to move forward with section 2 of this particular bill that will force and require government to have a provincial program in place by January 1, 2022.
So I’m just trying to understand: why is it that, in the middle of a pandemic, a health emergency when there is urgency and a need to move with haste, government sat and waited and looked to the federal government to provide that relief?
When the federal government finally did come forward and there were shortfalls of that program, and government had the opportunity to immediately move forward with these short-term measures that are provided as part of this bill, which could’ve been introduced in October or November of last year, they chose to wait until tabling this legislation this week in the Legislature, yet without any guidance or direction from these business organizations, decided to cast all to the wind and go it alone on January 1 of 2022.
I’m hoping that the minister can provide a bit of clarity to this House and the people of British Columbia on why government has chosen to change direction, instead of looking first to the federal government for a federal solution, yet choosing through this piece of legislation to move immediately to a provincial program, which is very different from what the Premier has been talking about and looking for, for the last year.
If these business organizations to which government has consulted — if they were aware that the province of B.C. and this government were moving forward and even giving consideration to a built-in-B.C. program that would not be funded federally….
The Chair: Minister of Labour.
Hon. H. Bains: Thank you, hon. Chair. Just for clarification, the member asked a question about section 2. I’m asking: have we passed section 1?
The Chair: Member, on clause 1.
G. Kyllo: To the minister, no, we have not got through section 1. I appreciate that the portion of my question related to section 2, but I’m just trying to establish what the mindset was of the consultation. I guess if the minister would like me to withhold any conversations around the consultation piece and to talk about consultation yet again when we reach section 2, I’m happy to do that. But while we’re covering consultation broadly for all aspects of this bill, I think it probably would be timely if we could handle the consultation piece for the entirety of the bill at this juncture. But I will take direction from you, Mr. Chair, or the minister.
Hon. H. Bains: I think, for clarity, they are two different things. One is a short-term solution and different consultation. There’s a long-term solution, and there’s a different consultation. So I think I’d prefer that if he could finish off section 1, then we could move on to section 2, and then we will have a discussion, whatever discussion the member wishes to have, on section 2.
G. Kyllo: Absolutely happy to take the minister’s suggestion.
With respect to section 1, can the minister provide any information with respect to the consultation that was undertaken with First Nations, with respect to the provisions of section 1 of this piece of legislation?
Hon. H. Bains: We’ve been in discussion with the First Nations all along. They were part of the industry recovery task force and then also on the COVID-19 industry engagement committee. More specifically, in March and April, when the ministry was engaging to discuss Bill 3 — I think we canvassed this in the House when we were talking about the vaccination leave — we engaged with them. That’s the time when they brought it to our attention that it’s Indigenous women who are disproportionately impacted by COVID. And the need for paid sick leave was brought up.
I think it is something that they felt that the industry, especially women…. Indigenous women are disproportionately impacted. They also had a concern about the cost to the businesses. So I think that discussion took place there. And then as a part of the COVID-19 industry engagement, again, those discussions took place there.
It was recognized by them as well, just like other tables and other groups that we were engaging, that the need for sick leave is there to deal with COVID-19 and to stop the transmission at workplaces. We listened. I think that’s why we came up with the solution that we have. The gaps that were identified by all of the groups were identified by them as well.
G. Kyllo: Thank you for the response. Now, for those that might be listening from home, there are about 204 First Nations in the province. I think I would also share that I have heard from some First Nations groups that the First Nations Leadership Council does not necessarily speak for all First Nations. It’s this government that brought forward the UNDRIP legislation.
[S. Chandra Herbert in the chair.]
I was just wondering if the minister might be able to share, specifically, what government feels would be an appropriate level of consultation — if the minister could maybe share if it was just a general conversation around the need and necessity for paid sick leave for workers in the province or if that conversation was more fulsome and included any of the provisions as set forth in this particular piece of legislation.
The Chair: Minister of Labour.
Hon. H. Bains: Thank you, hon. Chair. Welcome back. We’re still here on section 1, Mr. Chair — so that you know.
I think I gave the answer to the member before. No, the specific contents of the bill were not shared with this group or any other group. General discussion took place, and consensus was the need to have sick leave provisions for workers to stay home without loss of pay and that the employer should not be asked to carry the entire burden.
I think those are the two principles, and that’s where the consensus was. They all agreed. The solution is the federal solution. They all agreed that there are gaps. One of the gaps is the first 2½ days for a worker to qualify for the federal program. That’s why we put these provisions in here to fix that gap.
The Chair: Member for Shuswap.
G. Kyllo: Welcome back to the Chair, as we continue to proceed through section 1.
Thank you to the minister for that clarification. The minister referenced consensus. When the minister characterizes the conversation with First Nations groups and organizations as having the conversation and receiving consensus, I’m just wondering if the minister might be able to share with us what that specifically looks like. Is that just a conversation, and everybody seems to be happy, with thumbs up around the table? Is it more fulsome than that? Is there actually written dialogue or communication back and forth between the different organizations?
When the minister shares with this House that there was consensus with the First Nations across the province, I’m just wondering if the minister might be able to provide some additional clarity on exactly what that looks like.
Hon. H. Bains: The discussions were similar to what discussions took place with other groups. Again, the common understanding was the need for sick leave so the workers can stay home when they’re sick, not go to work and add to the transmission of COVID, and the discussion around the gaps in the federal program. That’s where the common understanding was with other groups that we talked about earlier, and with Indigenous.
We took it from there that there is a need to deal with the sick leave provisions. The federal program has gaps, and we need to fix them. That’s what we’re doing with the bill.
G. Kyllo: Is the minister able to share with this House whether those conversations — those discussions that the minister characterizes as having consensus — satisfy what government would believe to be free, prior and informed consent?
Hon. H. Bains: I think the member mentioned earlier…. I didn’t use “consensus” to describe this particular discussion. The understanding, as I said, is that there’s a need for sick leave. That was from discussion from table to table to table: to deal with this pandemic, there is a need to have a sick leave provision.
That’s why the letter went to the federal government by the business community. We had letters from other stakeholders — that there should be a sick leave provision, both long-term and short-term. The same discussion took place at those tables. That’s where it was…. They all basically were coming to one understanding: that there is a need, a gap, to support the workers who need to stay home. The understanding also is that there is a gap between the federal program. The understanding also was the federal solution is the right solution. I agreed with them.
How do you deal with the federal solution that has those gaps in there? One of the gaps is those first two, 2½ days. That’s what this bill will do to fix that gap, and it will give workers the ability to stay home when they’re sick. When they wake up in the morning and they feel they have the signs and they have symptoms, they don’t have to make that choice to stay home and lose pay or go to work and spread the COVID.
I think that was the understanding that came out of those discussions: there is a need for sick leave, there is a gap in the federal program, and we need to fix it. That’s what we are trying to do with this bill, and this bill will address that.
G. Kyllo: To the minister, I appreciate the comments and his confirming that it was not his intent to identify that there was consensus, necessarily, from First Nations.
The minister has characterized the conversation with business organizations and the general consensus, I guess the general conversation, the general support. It also appears — certainly more than happy for the minister to correct me if I misunderstood — that the conversation with First Nations around the province was a very similar conversation. The minister has shared that some organizations have actually written letters requesting, specifically, that government move forward with paid sick leave provisions as set out in this particular piece of legislation.
Since government moved forward with the adoption of UNDRIP and DRIPA, I’m just trying to have a better understanding of what additional obligations, efforts or undertakings government has taken with respect to legislation. It’s certainly my understanding, at this point in time, that government feels there is a necessity to actually consult on this particular piece of legislation with First Nations. Otherwise, the minister would have probably characterized it differently. I certainly stand to be corrected.
In light of the minister’s answers and the fact that government felt a need or a requirement to consult First Nations under this piece of legislation — which will have force and effect over businesses that are covered under the Employment Standards Act, operating on First Nations reserve lands across British Columbia — I’m just looking for some clarity on what consultation actually looks like and how government is able to satisfy that they have actually achieved said consultation, when this bill was only tabled here just a few short days ago.
I certainly appreciate that there is a requirement, an obligation of government, to have conversations with business groups, with municipalities, with First Nations around the province, but there’s specific legislation that sets out the requirement for consultation on legislation that has impact on First Nations and First Nations lands. I’m just trying to understand, from the minister, if he can provide any clarity to this House.
What additional efforts or undertakings has this government taken to satisfy the very important consultation that we have legislation tabled in this House in order to direct government in their future endeavours — especially when it comes to the tabling of legislation that will have impact both to First Nations Peoples and to the lands that they occupy?
Hon. H. Bains: As I mentioned earlier, we consulted the Indigenous groups through various channels. Again, the understanding was that sick leave is needed and that the federal program has some gaps. This bill will fix the gap. We were advised that Indigenous women are disproportionately impacted by COVID.
Considering all of that, if you look under the United Nations declaration on the rights of Indigenous Peoples and what is required under articles 17.1 and 24.2, article 17.1 sets out the right of Indigenous People to protection in employment: “Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic…law.”
Then it goes on to say….We need to measure that against Bill 13. Is Bill 13 consistent with the United Nations declaration on the rights of Indigenous Peoples, as required by section 3 of the Declaration on the Rights of Indigenous Peoples Act?
We are mindful of the requirement of the declaration on the rights of Indigenous Peoples as we develop this legislation. We completed an assessment of this legislation as it relates to aligning with the United Nations declaration on the rights of Indigenous Peoples. Paid COVID-19 sick leave and paid personal illness and injury leave, as Bill 13 proposes, are consistent with the rights described in the UN declaration.
G. Kyllo: I appreciate the additional information provided, but when it comes to consultation, it does not appear that the consultation with First Nations is any different than the consultation that was undertaken with any of the other business organizations. Should this bill pass — and with a government with a significant majority, I’m sure it likely will at some point in time — this bill will have an impact. It will have force and effect over businesses that are operating on First Nations reserve lands that are covered under the Employment Standards Act.
With 204 different First Nations in the province…. On the UNDRIP legislation, all members of this Legislature support it, but it certainly was not our legislation. This was the government’s legislation. They felt it imperative to bring it forward in order to set in legislation, in law in this province, the necessity for consultation.
Yet so far during this inquiry, I have not heard from the minister any additional efforts that were undertaken to provide that consultation. Maybe if the minister could provide any information with respect to the consultation with First Nations or any additional efforts that were undertaken, other than those that have been shared so far. Have any letters been written? Was there any direct written communication with the 204 First Nations in the province, seeking their input, guidance, thoughts, suggestions?
I think further to that would be, if I were to contact the 204 First Nations in the province, would they even be aware that this bill has been tabled? Has government taken any additional steps to even notify the 204 First Nations around the province that this piece of legislation is even brought before the House and even being debated?
My inquiry is not to challenge the merits of the consultation — well, maybe it is, a bit, to challenge the efforts that’ve been undertaken — but just to have a better understanding. We have a significant amount of time and energy that were put into the adoption of the legislation around UNDRIP in this Legislature. I’m just trying to have a better understanding of what efforts government is undertaking to actually live up to those requirements and obligations, either written in statute or even just a general understanding.
I think most First Nations around the province would think that there is going to be a new way of doing business in this province. That is certainly the way that members on the opposite side characterized UNDRIP. Yet, so far under this inquiry, the only thing that has been shared by the minister with respect to the consultation is some general conversations in conjunction with the conversation with a lot of other business organizations.
Maybe the minister can provide a little bit more clarity on the specificity of any direct communication with First Nations, the 204 First Nations around the province, either prior to the tabling of this legislation or even in the last three days since this bill was tabled here in the House.
Hon. H. Bains: I think the member full well knows, when you talk about consultation with other groups, that no, we did not write to every business in this province, every union in this province, every union member in this province to consult on this particular bill. Their representatives were at that table.
I think the same thing with the Indigenous groups. Their representatives were at those tables. Those discussions took place, and the general understanding was that sick benefit, sick leave is needed to deal with the pandemic. They all identified that there are gaps. I mentioned specifically, when we were dealing with First Nations groups, that they identified that Indigenous women are disproportionately impacted by this. So that’s the kind of discussion and engagement that took place. They identified that the gaps are there, and we need to fix those gaps. I think that’s what we’re doing with the provisions of this bill.
But no, we don’t discuss the content and the provisions of any legislation with anybody before we bring it into the House. The general discussion, the need for sick leave, giving workers the ability to stay home when they’re sick and helping businesses so that they’re not burdened entirely with dealing with the sick leave — I think those were the general parameters of discussions. That’s what we are trying to fix. This bill will fix it.
G. Kyllo: I appreciate the response.
I wonder if the minister can provide some clarity. He referenced the discussions with business organizations and union organizations around the province and specifically referenced that they do not consult directly with every business. There is a business organization that the majority of businesses may be associated with, so the consultation is, therefore, with the business organization. I assume that the minister would take satisfaction in the fact that: “Well, we talked to the association that represents these businesses, and therefore, it’s all good.”
But when it comes to the 204 First Nations around the province and the minister’s reference to consultation with representatives, can the minister share with this House specifically which First Nations organizations he has consulted with; and who, specifically, was representing who?
There are 204 First Nations, as we know, in the province. I’m just trying to get a bit of clarity. So when the minister feels that he has satisfied the requirements of consultation with First Nations, how can he actually demonstrate that that, in fact, occurred?
Hon. H. Bains: Discussions about the pandemic and economic recovery, as I said, went on since early last year. Then when we specifically needed to discuss certain issues, especially on the COVID-19 engagement committee, we discussed Bill 3. This is where the discussions took place about the need for the sick leave. The representatives were First Nations Health Authority, which government has been engaging on other COVID-19 measures.
We presented the issue of paid COVID vaccination leave to the B.C. COVID-19 Industry Engagement Table on March 29, as I mentioned earlier, which included leaders and senior representatives from B.C. Assembly of First Nations, First Nations Summit, Union of B.C. Indian Chiefs and the First Nations Major Project Coalition.
Also, we had the consultation with the Minister’s Advisory Council on Indigenous Women and the B.C. Association of Aboriginal Friendship Centres to obtain a variety of perspectives. Those are the discussions where the issue of the Indigenous women being disproportionately impacted during this pandemic…. And in addition to the vaccination leave, also the need for sick leave issue was brought up — and how do we help those workers employed by First Nations and elsewhere?
I think that’s where we realized that the groups identify there’s a need for sick leave. There is a need for sick leave provisions. And then the gaps that we talked about — I think that’s where we took the initiative, where we took the information from. We believe that…. But they believe, through these discussions, that the sick leave provisions are needed. And the gaps are there as well, in addition to the vaccination leave that was needed.
G. Kyllo: Thank you, Minister, for the additional clarification.
Is the minister able to Clarify that all 204 First Nations in the province would agree, if asked, that they’ve been satisfactorily consulted on this bill?
The minister referenced a number of different organizations. I don’t know the specificity of the membership of those different organizations or if those organizations that the minister has shared actually provide representation for all 204 First Nations in the province. If the minister might be able to just provide a bit more clarity with respect to whether he believes that the consultation requirements as set forth in the UNDRIP legislation have been fully satisfied.
The reason I’m questioning that is that there has been lots of news media coverage and lots of efforts undertaken, I think, by the government to also extend consultation to Hereditary Chiefs in the province. As a further part of that question, does the minister feel that the Hereditary Chiefs throughout the province of B.C. would feel that they were represented by any of the organizations that the minister has shared?
Hon. H. Bains: We considered our responsibility under DRIPA when we were looking at Bill 13 and also the consultation that took place with the Indigenous groups that I mentioned, and we are satisfied that it meets the requirements under DRIPA.
G. Kyllo: Appreciation to the minister for that response. I’m just wondering if the minister can share with this House…. I’ll just go straight to the question. What is the minister’s test for evaluating whether a collective agreement or employee benefits meet or exceed the provisions that are set forth in this legislation?
Hon. H. Bains: Section 3(2) specifies that the paid illness or injury leave provision of the collective agreement will prevail if they meet or exceed the corresponding provision of the act. Parties may resolve questions or disputes on whether a collective agreement meets or exceeds the act’s paid sick leave provisions through the grievance arbitration process.
G. Kyllo: Can the minister provide some further clarification on what the arbitration process would actually look like or entail, where there are differences of opinion?
Hon. H. Bains: The different collective agreements have different provisions when it comes to dispute resolution, called grievance procedure. You follow the grievance procedure. The employee takes the action, and then the employer will respond. It goes through the steps. If it cannot be resolved at the local level, then the parties will agree to refer it to arbitration. Both parties will present their case to the arbitrator, and the arbitrator will make a decision whether one party is right or the other.
G. Kyllo: Just wondering if the minister can provide a bit further clarification. Where there are disputes that arise, the minister has shared that each collective agreement will have its own terms and conditions with respect to dispute resolution, and if they’re unable to arrive at a conclusion — or mutual consent, I guess — it would actually move forward to arbitration.
Does the minister see the province having any role in those discussions or conversations?
Hon. H. Bains: This particular provision exists in the employment standards today to deal with other areas of the act compared to the collective agreement — meet or exceed. I think the purpose behind here is that no one is able to negotiate less than the minimum of standards listed in the employment standards. So I think that’s what it is.
The union and the employer know how to deal with their disputes if they arise from any terms of their collective agreement within the terms of the collective agreement, and then they follow the agreement’s procedure. Then they will move on to arbitration if they cannot resolve locally among themselves. Now, they may reach out to the labour board for mediation and help, and those provisions are available to them as well.
G. Kyllo: In the instance where the union organization or the union representative may determine or believe that their provisions meet or exceed the provisions of this act, if there is any challenge between that, would it be then deferred to employment standards? Maybe I could ask the minister just to provide a bit more clarity.
The concern, I think, that I’m trying to raise or get clarification on is that with the “meet or exceed” provision of this particular bill, if there is a dispute within an organization where they feel, internally, that their provisions actually meet or exceed the provisions of the act but an employer or an employee representative group or the union feel that it doesn’t, who would make the determination of that dispute? Would the government actually participate in that? Would employment standards? Maybe the minister can just provide a bit more clarity on how he sees a dispute of that nature being satisfied.
Hon. H. Bains: Look, every union and employer that has a collective agreement — they know how to handle disputes arising out of the collective agreement. This is nothing new.
They know, for example, if somebody was called in out of line of seniority, somebody was laid off out of line of seniority, which contravenes the collective agreement, one says: “You are not following the collective agreement.” The other says: “We are.” If they cannot resolve that dispute, then they move to arbitration, as I said before. Same thing here.
If the union believes that the collective agreement has less than what is listed here in the act, then the union could argue: “Well, a minimum three days is allowed under the act. Therefore, that’s how much we are entitled to.” The employer may say: “We already have four days.”
So I don’t know where the dispute is going to be. It’s very clear whether you have three days more or you don’t. If it’s less than three days, then the act applies. If you have more than three days, then the collective agreement applies.
If there is a dispute between the two parties, they know how to handle it through the collective agreement and the grievance procedure. If they are not able to resolve it themselves, they write to the arbitration. Arbitrators are available. And again, there is also understanding between the parties on how they select arbitrators.
So I think they already know how to handle disputes arising out of the collective agreement. This is not the only provision that requires “meet or exceed.” There are other provisions. The union and the employers are already dealing with those issues, and I haven’t heard any issues with that.
G. Kyllo: If the minister could share with us: how long will an employer or a collective agreement have to adapt, if they have paid sick day provisions in place that don’t currently meet the standard?
Just looking for a bit of clarity. If a collective agreement currently does not meet or satisfy the requirements, would the employer automatically have to make up the shortfall to meet this standard? Or would there be time allotted for those negotiations to happen between the employer and the employer representative group?
Hon. H. Bains: I think we are talking about section 2, which would come into effect January 1 of 2022. After January 1, 2022, I think the normal procedure is that the union and employer will meet to decide whether their collective agreement meets or exceeds the provisions of this act. If it does not, then the provision of this act will be deemed to be part of the collective agreement.
If they have less than three days, their collective agreement would deem to have three days. They would discuss that, and they would decide that the provisions of the collective agreement…. If they exceed, they will agree that they exceed. If it does not, then they will agree that it does not, and then the provisions of this act will apply.
The Chair: The member for Shuswap on clause 1.
G. Kyllo: Thank you for the additional clarity.
Maybe if I could just have a few-minute break. Would that be acceptable to the minister?
The Chair: Thank you, Member. We will recess for five minutes. Be back at 4:50.
The committee recessed from 4:45 p.m. to 4:51 p.m.
[S. Chandra Herbert in the chair.]
G. Kyllo: Mr. Chair, welcome back. I thank you very much for the short break.
I think I just want to turn now a little bit to some of the data that was derived to help to calculate the costing potentially associated with this particular bill. The minister had shared, in his opening comments a few days ago, that the estimated financial cost to the province is in the magnitude of $300 million. I believe that is the number he had shared. I was wondering if he might be able to provide a bit more clarity on the actual calculation and how he was able to arrive at that number.
Hon. H. Bains: I think I also said that it is very difficult to pinpoint the real cost of this program, because it’s hard to tell how many employees actually will take advantage of this particular benefit. Again, it depends on how many become ill with COVID-19. It is not something that anybody can actually pinpoint.
But for the estimate purposes, I’m advised that what they looked at as the best estimate is that the rough cost could be about $320 million, plus or minus. It’s based on, as we discussed earlier, that just over one million employees in British Columbia who do not have paid sick leave are the people that we are trying to deal with.
Out of those, they’re estimating that if 60 percent of them take advantage of this, that’s 600,000 employees. That’s how you come up with the $200 per employee per day, and that’s how you come up with the cost of $320 million, plus or minus.
G. Kyllo: Just a further question to the minister. Does the minister estimate, or in that calculation did they determine, that all workers taking advantage of the provisions of this bill would utilize it for the full three days? Maybe the minister could just provide some clarity on exactly what the math was.
Then I think, further to that, if they could provide a bit of additional clarity. The minister indicated it was a best-estimate guess, with respect to where it was at. Also, if there were any provisions or calculations undertaken for a high or a low.
With respect to the uptake, I’m looking to summer months. People are less likely to get sick, less like to actually take advantage of the provisions of the bill. Just what weighting factor might have been applied for the flu season? I know that the provisions of this bill…. The anticipation was that this would be to help to reduce illness in the workplace, largely around COVID, but there are other illnesses, obviously, that people may have that would avail them to the provisions of this bill.
Hon. H. Bains: The numbers I gave you are based on if all those who qualify take advantage of this benefit for all three days. If the average comes to one day, then we could calculate that based on one day, which would be, then, one-third. If the average comes to two days, then again, you could do the calculation. That’s how the calculations would come up.
The lowest number is zero. The highest number is $320 million, based on all those workers who may qualify, all 600,000. That’s the estimate. But they believe that 60 percent of those who don’t have a sick benefit program right now…. Out of them, they think 60 percent. If the 60 percent take advantage of all three days, that’s the cost.
M. de Jong: The conversation has now begun relating to an important aspect of the program that is created and the public policy that’s created in Bill 13 — not insignificant: the cost.
We’ve heard the number which the minister has repeated, and he has, I think, correctly alerted the committee to the fact that you have to talk about ranges when making estimates of this sort. But I think the committee and, certainly, the opposition is interested in some of the additional assumptions that have gone into the creation of that figure.
First of all, can the minister help the committee by confirming, on the record: what’s the period of time we are talking about for that $320 million estimate? From when to when?
Hon. H. Bains: It is to cover from royal assent, when we receive the royal assent in this House on this bill, to December 31 of this year.
M. de Jong: We are in May — roughly a seven-month period, depending when in May the bill receives royal assent.
The minister has indicated that calculation is based on an estimate of 60 percent of roughly one million workers accessing the public policy or taking advantage of the public policy for three full days. Is that correct?
Hon. H. Bains: Correct.
M. de Jong: If those estimates around participation are on the high side and actual participation is lower, the cost would be less. If those estimates are on the low side and participation is higher than that, the cost could be more than $320 million. Is that correct?
Hon. H. Bains: I think the answer is correct. So that I understand the question: if the member is asking that if more than 600,000 out of a million participate and take advantage of the full three days, then the cost would be higher, but if fewer than 600,000, the cost would be lower, yes.
M. de Jong: In modelling…. Let me back up, because there’s something else that probably is worth confirming on the record.
The $320 million that…. I will preface this comment by acknowledging that is an estimate, so I don’t want the minister to garner the impression that I’m trying to pin him down, particularly, to the dollar figure of $320 million. I, and I think the committee, understand that is an estimate based, thus far, on the assumptions that he has alerted the committee to.
Does that cost estimate relate to the overall cost of wages that are paid for paid sick leave or is that cost to government on the basis of the calculation of the reimbursement that is taking place, if the minister understands the difference.
Hon. H. Bains: It is the cost to the government based on $200 per day, per employee, if they all take advantage of this benefit, based on the number of estimates that we talked about.
M. de Jong: The minister anticipated my question.
That calculation relies upon the following assumptions. First of all, it relates to a seven-month period. It relates to an estimate of 600,000 employees availing themselves of the provisions for three days, and that drives the calculation, the $200 calculation.
Is it fair to say…? I believe that the minister and the government have acknowledged that the $200 is not likely, in all cases, to be entirely sufficient to cover the costs of the unpaid leave. Has the minister and the government developed estimates of what the costs beyond that amount, which would accrue to the employer, will be?
Hon. H. Bains: The answer is no, because it is difficult to know which employer has what wage scale. Many higher-wage employers — I mean, generally speaking — have sick leave provisions in there. This is to deal with employers with low-wage employees. So that’s where we pick up — it’s about $25 an hour to come up with $200. It’s to capture most of the low-wage employees and those employers.
It is, I would say, almost impossible to figure out how much additional cost to all of those employers who don’t have sick leave provisions in their operations and what wage scale there would be. How many of those employees are at $26 an hour, $30 an hour? Those trades — you cannot go any higher. You’re talking about trades and skilled labour. Most of them enjoy a sick leave provision, so I think it’s difficult to figure out for the government what the cost, over and above this, would be.
M. de Jong: I’m not sure, in fairness, that I agree with the minister’s last statement about higher-skilled workers always enjoying paid leave provisions. In many parts of the construction sector, I don’t think that’s the case at all. But I’m not here to argue that point with the minister.
What I take from the minister’s last response, however, and recognizing that in costing the program to government, there was an element of estimating involved. But what I take from the minister’s last response is that, really, no attempt whatsoever was made to try and estimate what the additional cost that would accrue to employers would be, beyond the threshold covered by government for the period until the end of the calendar year.
If that’s not correct…. I think the minister said: “We didn’t try to estimate that, because we don’t think that as government we can.” But I do want to cross-check that with the minister, because that’s what I heard in the answer — that there was really no attempt made to estimate what that additional cost would be to employers.
Hon. H. Bains: I think the intent of this provision, and the direction that the government is taking, is to cover as many employees as possible. Using the average wage would cover the majority of the workers that we are trying to protect here. Those are the ones who would take advantage of the provisions of the act and the benefits. That’s the kind of estimate that we use, the $25 as an average. That would cover the majority of the workers that don’t have sick leave provisions now at their workplaces. That’s the direction that we took, and that’s why we used this formula.
M. de Jong: I’m not, at this point, quarrelling with what the minister says the intention was. I am a little bit surprised, though, that in circumstances where the government is introducing a significant public policy change, the analysis that would have taken place would have stopped at what the direct cost to government is estimated to be and would not have included an additional analysis that says, “And we believe that the introduction of this new public policy will result in an additional cost to employers,” and identify a range, at least, if not an actual figure.
The minister seems to be telling the committee that the second part of that analysis did not take place at all. I certainly don’t want to put words in the minister’s mouth, but that’s what I think he’s saying — that the government analyzed the first part and came up with a number but hasn’t conducted any analysis with respect to the second part and the further costs that may accrue to employers.
Hon. H. Bains: Again, to come back to the real purpose behind this bill, employers were anxious to have a sick leave provision because they realized it was going to benefit them. It wasn’t there before, so they lobbied the federal government. The federal government came with a program, which had some gaps in it. Then we realized that at the end of the day, we needed to come and deal with the gaps. It is a benefit to the employer, and certainly, it will stop the transmission. The workers also will benefit as a result of it. If they need to take time off, they won’t be forced to lose money.
The way that we designed this was that the majority of the employees who would be taking advantage, covered by those employers, will be covered by $200. Certainly, there are some employees who make more than the average wage. As to how many those are, how many employers have sick leave provisions for those, the information isn’t available to figure that out.
I think the idea here was to help the employers who were pushing for sick leave provisions and, at the same time, cover as many employees and employers as possible with the provision of this clause. That’s the purpose behind this.
M. de Jong: Okay. Well, let me try this a slightly different way, because I still have some recollection of the kind of advice, and capable advice, that the minister and the government would have received in proceeding with this kind of a change in public policy.
The government settled on a figure of $200. My sense is that in costing the program, the minister would have had the benefit of estimates, and his colleagues would have had the benefit of cost estimates to government for the next seven months of coverage at $175, $150, $225, $250. The government would have wanted to know, in advance of settling on the $200, what the estimated costs were at various levels of coverage. Is that a fair assumption for me to make in this committee?
Hon. H. Bains: Like I said, with the program, we are trying to cover as many employees and employers as possible with $200. That’s why we picked the average wage, and $25 an hour will cover a majority of the workers employed by those employers. That’s where the $200 came from.
M. de Jong: Well, that’s a pointed reassertion of the minister’s last answer, but it wasn’t an answer to the question. I suppose I can be more direct than that. Is the minister able to offer the committee an estimate of what the cost to government over the next seven months would have been if coverage had been extended to $250 a day? Did he have that information available to him?
Hon. H. Bains: The advice was to go over the average wage. That’s $200. The costing, therefore, is based on that, because the advice also was that it would cover the majority of the workers, and that was the purpose — those who don’t have sick leave provisions and those employers who employ that majority of the workers at average wage or below.
M. de Jong: Was the proposal that is now captured in Bill 13, including, as it does, a significant shift in public policy and a significant cost to government, at least for the seven months…? Was it submitted to…? Did it receive an analysis by the Treasury Board, was it reviewed by the Treasury Board, and was it approved by the Treasury Board?
Hon. H. Bains: The member is a very serious senior member of this House, and he knows the processes that we go through in order to develop the legislation. That’s exactly what happened in this case. We went through all of the relevant authorities, and here we are with the legislation.
Noting the hour, I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 5:26 p.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was granted leave to sit again.
Committee of Supply (Section A), having reported resolutions, was granted leave to sit again.
Hon. D. Eby moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m., Monday, May 17.
The House adjourned at 5:27 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of Supply
ESTIMATES: MINISTRY OF INDIGENOUS
RELATIONS AND RECONCILIATION
(continued)
The House in Committee of Supply (Section A); R. Leonard in the chair.
The committee met at 1:04 p.m.
On Vote 33: ministry operations, $50,740,000 (continued).
P. Milobar: Thank you, Minister, for the answers to the questions ahead of lunchtime there. I’ll follow up on a few of those areas and then move into some other material as well.
I guess my colleague from Nechako Lakes had asked a few questions around archaeological assessments, and certainly, those are a concern across the province, in terms of length of time. I don’t think anyone disputes that they need to be done anymore. I think it’s been well established that that process needs to unfold. But the timelines and the backlogs of trying to get things approved moving forward through that process provincially seems to be an issue that we’re hearing from everybody.
The minister referenced that the strategic partnerships as how those programs are funded, in terms of the government side of the equation. I’m just wondering, then, if the minister can confirm and explain why, with the recognized backlog…. According to the Estimates book, on page 124, the strategic partnerships and initiatives division has seen their budget go from $22.8 million last year to $18.8 million this year. It seems to be a $4 million cut. What type of impact will that have on archaeological assessments?
Hon. M. Rankin: Thanks to my colleague, the member, for his question. As we said this morning, of course, the first point of entry is that the Heritage Conservation Act and its implementation — the archaeology branch, etc. — is the responsibility of FLNRORD, the Ministry of Forests, Lands, Natural Resource Operations and Rural Development. That is where that is housed. But the member quite properly points out the length of time and delays that the process often entails.
The backlogs and delays are a function of many things. I said this morning that one of the key reasons for that, of course, is our duty to consult and accommodate and to do so in the time that it takes to do justice to that constitutional obligation.
I did speak this morning of strategic engagement agreements. I think the member is referring to a division that is called the strategic implementation and priorities partnerships division of our ministry. He noted the budget for that entity had gone from $22.8 million to $18 million, suggesting…. Understandably, the member would assume that is a cut. In fact, I’m advised it’s an internal reallocation of monies to another division within the same ministry.
Indeed, of course, in macro terms, the budget of our ministry has, in fact, gone up dramatically this year. That particular entity does not see a cut, but that funding has been reallocated to another division.
P. Milobar: Just to clarify. From the minister, then, is the area that the minister was talking about earlier this morning a different funding area than the strategic partnerships and initiatives division, and if so, what actual line item within the Estimates book would that be in?
Hon. M. Rankin: As I started to say earlier, the funding for the program that the member is referring to is actually the funding responsibility of another ministry, the Ministry of Forests, Lands, Natural Resources Operations and Rural Development. It would be that ministry that could answer the member’s question.
P. Milobar: Well, I’m just reading the Blues from this morning. The minister, this morning, had mentioned the strategic initiatives or strategic…. I’m trying to find the right language that he was using, and I’m trying to ascertain whether or not this strategic partnerships and initiatives division is, in fact, the same area that the minister was talking about in regards to the consultation issues that need to happen under the purview of his ministry.
I recognize that FLNRORD is responsible for a lot of the other archaeological areas. I’m talking about the areas that the minister was specifically referring to earlier today under his guidance as a minister and whether or not this is the same funding area or not. If not, where was that area that he was talking about within his estimates area?
Hon. M. Rankin: I can confirm that it is a different funding area. It is that, as I said, of FLNRORD, the Ministry of Forests, Lands, Natural Resources Operations and Rural Development.
I think there’s confusion in the language. I referred this morning to strategic engagement agreements, which are a tool by which many of these issues normally rise within the purview of our ministry. We, by coincidence, have a division of our ministry called the strategic partnerships and initiatives division. So I think that that may be the cause — the similar language — of the confusion.
P. Milobar: Then I guess I’ll ask the minister where the $4 million…. The answer was that it was an internal transfer. I do recognize that overall, there is a global increase within the budget of ministry operations, and certainly, governments move money around and set different priorities.
Where was that internal transfer taking place? Which division did it move to within the existing budget?
Hon. M. Rankin: Thanks to the member for the question. He’s quite right in pointing out that the decrease in the budget of the strategic partnership and initiative division would show a $3.996 million decrease, and he understandably asked where that money went.
Well, $2.3 million was a realignment to the deputy minister’s office, $1½ million of which is for communications, correspondence and submissions teams, and $180,000 to support First Nation events, including the First Nation leadership gathering, which is a shared-cost arrangement.
Of that $3.996 million decrease, $1.34 million is a realignment to corporate services to support shared-cost agreement priorities, central agency chargebacks and salary operations; $800,000 is a realignment to another division, an NROD division, to support increased funding on negotiations and treaty work; $700,000 is a realignment to another division, the RTSD, $500,000 of which is for the First Nations Leadership Council agreement, which is a grant, and $200,000 to resource implementation of the declaration act.
I could go on. There are a few other items to support implementation of agreements: $863,000, or seven FTEs, for that purpose; $189,000 for negotiated wage increases; and finally, a $92,000 realignment from the NROD division to support land use planning for the implementation of the shíshálh agreement.
P. Milobar: Sorry. Can I just clarify with the minister? All of those shifts that were just listed off by the minister are the actual $4.1 million or $3.9 million reduction? Or are those what is still left being funded?
Hon. M. Rankin: Right. I should have been clearer. The majority of what I described were, in fact, reductions, i.e., transfers — realignment to other divisions. But what came into the strategic partnerships and initiative divisions was the additional lift — seven FTEs — to support implementation of agreements, $189,000 for negotiated wage increases and $92,000 realignment from one division, the NROD division, to support land use planning and implementation of the shíshálh agreement.
Essentially, there were ins and outs to this division. But I want to reiterate, as the member properly noted, that the global budget of the ministry has, in fact, significantly increased.
P. Milobar: I’m jumping forward now to page 16 in the actual budget document — not the estimates, but the budget document — where there’s the discussion around reconciliation with Indigenous Peoples. That ties in with the $60 million I referenced earlier and the minister just referenced as well.
I’m just wondering about the $60 million that is the ongoing funding, it says, “to support a range of activities, including engagement with Indigenous Peoples on legislation, policy, and programs; negotiation capacity; and initiatives that increase participation in land and resource activities within their territories.”
I’m just wondering how the $60 million was arrived at. What type of calculation or discussion took place with the minister and his staff to arrive at that — that $60 million would be an appropriate sum spanning a province with 203-some individualized First Nation bands?
Hon. M. Rankin: The issue of the $60 million increase needs to be explained in the following way. The ministry has been able to achieve an additional $60 million in funding for reconciliation work, now in our base budget — funding for activities that historically have been funded through contingencies. I hasten to add that we still have the ability, as previous governments have, to use contingency funding, but I’m very proud that the ministry was able to persuade the Treasury Board that we need to have the stability of base funding for the work we can predictably do.
The member asks exactly why that figure was $60 million and not some other figure. It aligns quite nicely with the historic experience of the ministry in achieving contingencies over the calendar year that tend to have amounted to a sum of that kind. I stress that that is money that we use for our purposes, but it’s also money that we hold for other natural resource ministries so that we can work together, for example, on finding out boundaries and doing the kind of work that’s required to clarify exactly what the survey results would be for a particular treaty.
I confirm that the funding includes, particularly, support for our negotiation and agreements with First Nations. Engagement with Indigenous groups on natural resources and economic development–related initiatives would be an example of what that money is, in fact, used for. Stewardship and land use planning would be another example — strategic forestry agreements to support our legal obligations to expand the First Nations role in the economy.
There could be also engagement on activities on the lands within the nation’s territories under various policies and agreements, like the Forest and Range Practices Act; Heritage Conservation Act, of which we’ve spoken already; timber supply review; B.C. flood risk strategy. In other words, this is about engagement on a number of projects, important projects on stewardship, as well as natural resource agreements and the like.
I want to reiterate that the $60 million, to try to answer specifically the member’s question, tends to reflect the amount of money that in past years has been taken from contingencies but now happily finds its way into our base budget to fund the kind of work in partnership with other ministries that we need to undertake to do the kinds of things I’ve indicated.
P. Milobar: If I’m hearing the minister correctly, it sounds like the $60 million actually made permanent in the budget, not from contingencies, has the same scope of work that was previously being undertaken by the ministry and government in general. Or has there been additional capabilities for government to engage with Indigenous nations through this new permanent funding versus what was happening in government, regardless if the money was coming from contingencies or not?
Hon. M. Rankin: I think I can say to the member that he’s essentially correct at one level. The $60 million is money that historically would have been taken from other contingencies, but now is happily found in the base budget. I stress again, however, that we have additional funding available, as we always would have, for contingencies that come along from time to time.
I should point out, as well, that there’s been a large increase of $77.621 million in this budget to fund treaty and other agreements, a significant increase because that matches the cost of our signed agreements, and our work in implementing those.
There’s also been an increase in non-treaty payments of $80.031 million, some of which is revenue recoveries to fund revenue-sharing agreements and the like.
I should say, at this point, I’m very proud that this ministry and this government is not simply tying its wagon to the B.C. Treaty Commission process. We’re proud of our work with our modern treaty partners, and that work is continuing.
We also are engaging in a number of new kinds of agreements, one of which the member may be familiar with in Lake Babine, which we call a comprehensive reconciliation agreement. There are others, of course. With shíshálh and Carrier-Sekaniin other parts of our province we’ve seen this new tool being used.
We’re not limiting ourselves, as we try to move from a world of transactional, one-off agreements to long-term, stable agreements with Indigenous communities. They too can have certainty on the ground, as they re-develop their economies.
P. Milobar: Thank you to the minister for that. Certainly, I’m sure there’s relief with Indigenous communities that the government is intending on funding agreements that they’ve signed and contracted to sign and undertake. With that $77 million, one would assume that would happen either way, whether it comes from contingencies or within a budget, if the government has actually signed a contract.
I’m trying to focus in more on the $60 million, because the $60 million has been portrayed as this new way of engaging with Indigenous nations, under the backdrop of DRIPA, and that there will be a new way to engage and better engage and enhance engagement with Indigenous communities.
What I’ve heard from previous answers, though, is that the scope hasn’t exchanged, the type of things being worked on hasn’t changed, and, in fact, the $60 million came from historical dollar figures of what was being used from government to fund these initiatives.
Previously, the money was coming out of contingencies. Was there work being left undone at $60 million being funded with those contingencies?
Hon. M. Rankin: I do hope I haven’t been the source of the confusion. The increase in the budget of $77.621 million to fund treaty and other agreements includes the $60 million of which we’ve spoken. That is the base funding amount that now exists in our budget which, before, was not found in our budget, and which represented many, many individual trips to Treasury Board to see if contingency funding could be made available as we entered into some of the agreements that we’re trying to undertake.
I should also point out that, as the member’s well aware, the declaration act involves a number of other possible agreements. We have the possibility of consent agreements. We have other sorts of opportunities. That is why the ministry’s budget has been increasing.
We have a number of things that the funding can be used for. Perhaps I can just summarize: negotiations and agreements with First Nations, resource development activities and a wide variety of other activities that include engagement with Indigenous groups on natural resource and economic development–related initiatives.
Simply put, we are involved in so many different opportunities with First Nations around the province. We are not limiting ourselves to one particular theme. But what we are doing is trying to expand the number of tools in the toolkit so we can engage with the First Nations on the ground as they wish, what meets their needs, going forward.
That is what’s exciting about this budget and the fact that the $60 million of which the member has spoken is now part of our base budget — I think a recognition by government that this work will continue. We are, of course, engaged in many, many new alternatives, which is why the $77.621 million increase for the funding of treaty and other agreements was put into the budget.
P. Milobar: Well, let’s be clear. So 77.16 may have been put in for treaty and other arrangements. And $60 million of that is for this program that we’re talking about, this program that has been ongoing, this program which had 60 million arrived at as a dollar figure because that is, historically, what the government has been spending on this type of engagement with Indigenous nations. Can the minister confirm that the $60 million means that it is not enhancements to any of these areas than what was happening at a historical level?
I understand it previously used to be out of contingencies. But the work, nonetheless, was still happening. The work was still being done. The engagements were still being done with Indigenous nations. So whether it was coming out of contingencies or whether it was in a base budget, there was a certain amount of work being accomplished for $60 million. That is how the $60 million wound up in the budget, and it means there is no expansion of any substance to the existing and ongoing work that was already happening within government with Indigenous nations.
Hon. M. Rankin: I appreciate the member’s point, but I would say very clearly in reply that $60 million of the $77.621 million is now in our base budget, as I’ve said. The good news is that we are still hopeful, and we’ll continue to go to Treasury Board to get as many dollars as we need to engage in other agreements. That ability to get contingency funding has not disappeared. We expect it will continue, and Treasury Board is awaiting our arrival.
So all of that money which the $60 million represents we can still go and try to achieve for other agreements if nations are ready and we are ready to commit to these kinds of agreements. So I think it’s important to note that the ability to get contingency funding remains, as it has always remained. But on top of that, we now have the certainty of $60 million in our base budget.
P. Milobar: Well, I’m not trying to be difficult here with the minister. I’m just looking for a straightforward answer in terms of if the $60 million in the base budget is based on historical work.
Yes, it was acquired through contingencies and multiple trips to Treasury Board. But if the $60 million is being based on that historical workload and work level being done by the government, it stands to reason, then, that this existing $60 million put in the budget, although into a fixed line item, will provide the same amount of scope and scale of work, in the same areas with Indigenous communities and government, that have been happening with government and those Indigenous communities over the last several years.
Hon. M. Rankin: I’m not sure how much clearer I can be. The ability to go to the Treasury Board, as we’ve historically done, to seek contingency funding for various agreements during the course of a calendar year remains. So, therefore, although the scope may accurately be portrayed as part of the $60 million historic, we still have that ability to go beyond that and frankly intend to do so.
P. Milobar: I can appreciate that the minister will and continue to do that as and when needed. Recognizing that the minister is new to provincial government…. I’ve never sat on the…. Well, I sat there for a glorious 17 days before we were summarily no longer in government, I guess.
Treasury Board is not the easiest — from my understanding — agency to go in and continue to seek more dollars. I can understand why the minister is happy that he was able to get it into permanent funding to continue doing the same level of work that was happening year over year in the first place. I take my hat off to the minister for that. That was a good accomplishment to get it into the permanent budget.
However, now that it is in the permanent budget, one could argue or one would assume…. I’m sure that the bureaucracy, which has been around this place much longer than either the minister or myself, would likely agree — either quietly or privately or whichever way you would like — that when there are line items in a budget, it starts to get a little bit harder at Treasury Board to start getting increased funding for permanent programming. But again, that was really the crux.
I’ve heard the minister say with the $60 million, despite some of the marketing that’s been done, there is not an increase to scope; there is not an increase to work being done. It has been built on historical contingency draws to provide X amount of work for $60 million between the government and Indigenous communities.
So that’s understandable how they got the $60 million, but I do think it’s reasonable that Indigenous Nations understand that that does not mean that there is a new, expanded level of work guaranteed to be happening under the backdrop of DRIPA.
Now, the minister mentions that it’s $60 million out of the $77 million, and the other $17 million is for treaty agreements. Is that $17 million for agreements that have already been signed by the government?
Hon. M. Rankin: I would agree with the member, very much. The Treasury Board does its job. The Treasury Board is there to make sure that moneys are expended only after a full justification has been provided. That’s their responsibility.
We accept that the scope of the $60 million, roughly, is what has been done in the past, but I remain optimistic that our track record with the Treasury Board will be good. The fact that we now have this permanence — I think the member made the point as well as I could — is a source of great pride in our ministry, that that has been achieved.
As for the difference between $60 million and the $77.621 million, I confirm that money would be made available for existing treaties.
P. Milobar: I’ve done this in previous estimates with other ministers as well. I always find it interesting when announcements get made on budget day and dollars get packaged and it’s three-year commitments and there’s very little in the first year and then everything is back-loaded on year 3. Or things like the $60 million get packaged as new programming, new expansion of services, when, in fact, they’re not.
Could the minister say then…? If the minister had been unable to achieve the $17 million in the budget, what would have happened to those signed legal agreements that the government had with Indigenous Nations?
Hon. M. Rankin: I would start by saying that all governments in modern times have, regardless of their political stripe, seen fit to meet their treaty obligations. The $17 million of which the member spoke will be honoured, will always be honoured, has never not been honoured. Of course, the honour of the Crown is of paramount responsibility. So no issue there.
I would, with great respect, differ with his characterization of how the government described the $60 million of which he spoke. We’ve been very clear that it’s a gigantic victory to have permanent funding in our base budget. I commit to the member that if there are contingencies — funding — that we need to get in order to put more tools in the toolkit or enter into more comprehensive agreements, I will be the first in line at the Treasury Board. I’m very proud of our record in doing so.
The Treasury Board, I reiterate, has its responsibilities and does an excellent job in fiscal management. But our ministry — given this government’s global commitment to reconciliation, which every member of cabinet has in his or her mandate letter — is something that gives me great confidence, that if I go to the Treasury Board and have a credible rationale for an agreement, I will fare well.
P. Milobar: Well, the premise that the minister started all this off with was that this is certainly so that we don’t have to go through the vagaries of Treasury Board. The minister’s mandate letter…. And the minister is correct. I think every mandate letter talks about UNDRIP and implementation of UNDRIP and doing it in a meaningful way.
The largest lift that we have found in this budget for this ministry this year is around the $77 million, $60 million of which is going to do work which has historically always been done. It is not an expansion of that work, and, other than having to go to Treasury Board for the $60 million, that same level of work will continue. And $17 million of which is to cover off contractual obligations that would have been covered off whether UNDRIP existed or not.
Could the minister point me, then, into the budget, where there is a substantial increase from activities that would have happened last year, non-contractual increases in this year’s budget for reconciliation efforts happening within Indigenous communities?
Hon. M. Rankin: Perhaps I could provide some examples of the kind of modern agreements that are the subject of the $60 million.
We have done an historic agreement with the Cheslatta, who live on Ootsa Lake — enormous problems with the old Alcan development. Lake Babine is a modern, comprehensive reconciliation agreement. The Carrier-Sekani.
These agreements are hundreds of millions of dollars. These agreements have been taken…. Along with our federal partners, I hasten to add. The funding has been from both governments. These agreements are part of our commitment to reconciliation for which we now have certainty. These are all examples of agreements we’ve had to go to Treasury Board to ask for funding for. Now we don’t need to do that.
I want to reiterate that our ability to go and seek contingence funding is on top of this certainty that we’ve achieved with the $60 million. I think it’s an enormous achievement. I’m very proud of it.
P. Milobar: The question, though, with respect, was if the minister could point me to where in the budget his ministry has seen a substantial lift to support UNDRIP initiatives that were not already happening on a yearly basis, be it funded through contingencies or by legally bound treaty negotiations, contracts that they had to fulfil, given which calendar year they may fall into to have to start to commit that.
What exactly new funding, expansion of programs, expansion of things with the lens of UNDRIP is in this minister’s budget this year?
Hon. M. Rankin: I don’t know if I can be of any more assistance to the member. He pointed out, quite correctly, that the achievement of permanent funding in base budget is something significant. He acknowledges, I think, that the ability to go and seek Treasury Board approval remains in place.
The scope may appear to be the same to the member, but what he is neglecting to understand or to point out is, as new agreements come forward, we will continue to go to Treasury Board in the hopes that we will have those agreements funded, as we have in other circumstances, historically.
As I also said earlier, any treaty or other agreement, fiscal responsibilities, have always been honoured by the Crown and will continue to be so.
P. Milobar: I understand full well what the minister is saying. However, the minister seems to be unwilling to acknowledge or point me to substantive increases in his budget around Indigenous reconciliation, around UNDRIP initiatives.
When you look at the table on page 16 in the budget book, table 1.2.4, “Investments to support reconciliation” — $60 million. We’ve established that’s for the same scope and scale and amount of work that was happening every other year. That doesn’t cut the test.
Skills training initiatives for Indigenous peoples. I would’ve expected the minister would’ve at least pointed me to that $17 million, except it’s only for this year because there’s an asterisk next to it. That’s a pandemic and recovery contingencies allocation.
The simple fact is that if I am an Indigenous leader in British Columbia right now, and I read this without having the opportunity to go back and forth with the minister as I am right now, my expectation is that the government has added extra resources to facilitate UNDRIP. But in fact, the government has not added.
The leadership of Indigenous Nations don’t give a whit whether it comes from contingencies to get the work done or it’s in an actual permanent budget. They expect a certain amount of work to be done. The expectation, on the heels of UNDRIP being passed, is that there would be an expansion of that work, that there would be an expansion of capacity-building in Indigenous communities, that there would be an expansion of access to professionals and other advisers they may need to properly scrutinize things like a mine application or impacts of a forestry cutblock.
It’s not reasonable to think that an Indigenous nation in a rural and remote area, it’s not reasonable to think a small non-Indigenous community in a rural remote area, would have the wherewithal to hire that type of expertise to give them proper advice as they’re providing comment, let alone free and prior informed consent comment.
Again, I’ll ask the minister if the minister could point me, in his budget this year, to where there is any substantial uplift in regards to UNDRIP, in regards to expanding what has historically been getting done within the province between the government and Indigenous Nations, be it on consultation and accommodation, be it on capacity-building, be it on honouring treaties that are negotiated and signed and are legally bound for the Crown to live up to.
Hon. M. Rankin: The member will be aware that the contingencies of which I’ve spoken now several times would not show up in this ministry’s budget but rather with Ministry of Finance, which would allocate those contingencies. We continue to live in hope, I think with great optimism, that that money will be made available to the ministry on top of the now permanent funding of which we’ve now spoken, the $60 million.
To put this in broader context, yes, there have been more people that are involved in the ministry to work on declaration act issues. We can talk about that. The context is that we are involved in, as a government, many, many other programs that, of course, are administered by other ministries but for which we are involved in negotiation.
A comprehensive forestry agreement, a so-called FCRSA, is an example. We have a revenue-sharing agreement that was, admittedly, put in place a couple of years ago, but which shows $3 billion — 7 percent of net revenue from gaming — to be shared over 25 years with the 204 nations in British Columbia.
It sounds like the member is trying to somehow suggest that our ministry, as a function of the entire government, has had its budget atrophy. It’s much the contrary. The government, as a whole, has done enormous additions to the reconciliation agenda, including with substantial expenditures, some of which I’ve just mentioned.
The fact remains that contingencies will not show up in our budget. It will be that of the Ministry of Finance. We’re optimistic that our track record with Treasury Board will continue to be a very good one and that we now have the permanent $60 million of which I’ve spoken.
The Chair: Sorry. We have a technical issue, so we’re going to have to recess for a few moments. Thanks for your patience.
The committee recessed from 1:47 p.m. to 1:55 p.m.
[R. Leonard in the chair.]
The Chair: I call the Committee of Supply, Section A, back to order. We’re currently considering the budget estimates of the Ministry of Indigenous Relations and Reconciliation.
I now recognize the minister — no, the member for Kamloops–North Thompson.
P. Milobar: Well, I’m sure that to the viewers at home, the back-and-forth probably sounds like we’re on a closed loop, anyway. Whichever way we go, we’ll probably be fine.
I’m going to move on, but it sounds very clearly like the $60 million is not an expansion of any of those services. I recognize that contingencies are there, but the contingency option was there if the minister and the ministry had required $100 million to make it, on average, every year. What is in this budget is the average. I say that because….
When you read through the budget — the minister is correct — it doesn’t…. When you actually read every word exactly, it does not indicate that the $60 million is new. In fact, you don’t get to any language around “new” until you get down near the bottom, where it says: “Budget 2021 also supports reconciliation through a range of new investments.”
That has nothing to do with the $60 million. It has to do with the skills-training initiatives for Indigenous projects, like I say, which is COVID money. It has to do with some Head Start programming based on culturally based child care for Indigenous families — which is a great initiative — and the First Nations Health Authority culturally based mental health and addictions services. That’s about $12 million for those two programs. I don’t take issue with that at all.
I guess I was looking for the minister to maybe point me to that as new money within his budget. Instead, we heard about a reliance on contingencies if there’s going to be an actual, meaningful expansion to things happening under the backdrop of UNDRIP.
In keeping with what was listed as new and in looking at the minister’s mandate letter, it says: “Extend our support for cultural preservation and revitalization by funding key projects designed to preserve and respect Indigenous cultures, including the retention and revitalization of First Nations languages.” Is there any new money in this budget for that work, or is it just part of existing funding envelopes from last year’s budget as well?
Hon. M. Rankin: I’m pleased that the member is taking us to language revitalization. I just want to, perhaps, for the record, conclude on the points that he was raising earlier.
It needs to be understood that the Ministry of Indigenous Relations and Reconciliation is part of a government team. All the members of executive council are mandated to address reconciliation from their ministry perspective. It’s really unfortunate that the funding position of one ministry is not understood in that broader context. Additional funding in the ministries responsible for child welfare, forestry or education…. All of this needs to be understood.
Let’s talk about housing. This government, I think for the first time in history, provided $150 million for Indigenous housing, both on and off reserve. As a former federal Member of Parliament, I found it exciting but unusual that a government would put money on to federal enclaves, reserves. But I was proud of the fact that they did that, because there was a need. Ottawa, we hope, will step up. The Prime Minister has received a letter from the Premier asking for more money for Indigenous housing, one of the five priorities that the Prime Minister has been asked to address.
There’s money, I mentioned earlier, for gaming. We’re revenue-sharing to the tune of $3 billion over 25 years, where 7 percent net revenue of gaming is made available to the 204 nations in British Columbia. This is an enormous achievement that we’ve worked on together with Indigenous partners. I could go on and on. The point I’m making is: to simply take one piece of the puzzle and to suggest that there’s little or no change, I think is an unfortunate and frankly unfair characterization.
The certainty of $60 million versus the vicissitude of going up to Treasury Board and hoping for the best is a very different world, as I know you’ll understand, Madam Chair. But I reiterate. We have every ability to go to and ask Treasury Board for additional funding for our purposes, and we will do so.
The member referred to language revitalization, which gives me an opportunity to say how proud all British Columbians should be that in 2018, this government made a $50 million investment in revitalizing First Nations languages. There are 35 different languages and other dialects spoken, sadly, by less and less people as Elders pass on in our province. We want to preserve that cultural heritage.
I have the honour of presiding over a Crown corporation made up of Indigenous leaders called the First Peoples Cultural Council. It has annual operating funding, but they are responsible for the multi-year funding, the $50 million that I talked about, to help First Nations revitalize language. The money hasn’t been fully expended. That money will continue to be used for that important purpose.
There are many other things I could talk about in language revitalization, but this is an historic achievement — $50 million, for the first time, in 2018, for the sole purpose of revitalizing endangered Indigenous languages.
P. Milobar: That sounds wonderful, and that was a project that started in 2018. If memory serves, this minister became a minister in 2020. The mandate letter I’m reading from is this minister’s mandate letter, not a 2018 mandate letter. That’s the letter I’m asking questions around in terms of languages.
The minister touched on supports from other ministries. He’s absolutely correct. However, I’m not in those other ministry estimates. I’m in these estimates, asking this minister about his budget and things that are under his purview. In fact, the supports that the minister talked about are mentioned in his mandate letter as well. It’s very clear: “Support the work of the Minister of Environment and Climate Change Strategy,” and, “Support the work of the Minister of Education to put more Indigenous languages into B.C.’s curriculum.”
It’s very clear that those are things this minister is supposed to support — not fund, but support. However, my question to the minister about his mandate letter was about the mandate piece in his letter from the Premier that says he is to “Extend our support” — as in the government’s — “for cultural preservation and revitalization by funding” — this minister is supposed to be funding — “key projects designed to preserve and respect Indigenous cultures, including the retention and revitalization of First Nations languages.”
Now, it’s wonderful that there was a $50 million fund for language set up in 2018 and that there’s still a bit of money left in that. The question, though, is: in this year’s budget, which we’re actually debating and asking questions on, can the minister point me to what supports and funding programs are new — not existing programs, but new programs — to help fulfil the minister’s mandate letter? This mandate letter was created before this budget, which means that sometime between this mandate letter and this budget, the expectation from the Premier and the residents of British Columbia is that the minister would be making headway on the direction that the Premier set out in his mandate letter.
Hon. M. Rankin: I first would point out to the member that I agree entirely with his point that funding is at the centre of this. Of course, I would reiterate what I think I said earlier. The mandate letter is a mandate letter that requires me to work with other ministries in a supporting role, as the member has said.
But the mandate letter is a four-year commitment. The member pointed out, quite properly, that I was only made minister and had the honour of such in 2020. There’s lots of work to do. I have had a very positive set of discussions with several federal ministers. There is the Minister of Heritage, Monsieur Guilbeault, who is responsible for the historic Indigenous Languages Act of Canada, which has enormous amounts of new money. You can be sure that we’re going to do our best to receive funding from that source, as I’ve told the minister in no uncertain terms. I’ve also spoken with Minister Bennett about that issue as well.
The mandate is a four-year commitment. I accept what the member has said entirely — that funding is going to have to happen. There is still money available from the historic investment of $50 million being administered by that Crown corporation I spoke of, the First Peoples Cultural Council. Money is still available to them to do that work. The member should know that I will do my best to receive additional funding, I hope from federal sources and, indeed, in collaboration with my other ministry colleagues, to make sure that we get the job done.
P. Milobar: Hopefully, moving forward, the language programs don’t need to rely on contingencies.
The minister also mentioned 7 percent of net gaming revenue. Can the minister, then, confirm: with casinos being closed and gaming revenues way off, has that dollar figure been adjusted downwards in this year’s budget? Or has the government created a contingency fund to cover off the difference of what would have normally been projected pre-pandemic versus what is actually happening during COVID?
Hon. M. Rankin: I appreciate the member’s question concerning the limited partnership with whom we are engaged in sharing revenue. This is an important initiative. I’ve spoken about it before. Under the Gaming Control Act, we have a long-term agreement with the First Nations limited partnership to share 7 percent of gaming revenues. In ’21-22, it is estimated that just over $58 million will be distributed to the First Nations through the gaming revenue sharing limited partnership.
The member is absolutely right. Everyone will know that casinos have not seen a lot of businesses in the last while due to the pandemic. We have made no decisions yet, but we are in active discussions with the limited partnership about the effect of the pandemic on gaming revenues, something that none of us could have foreseen. We anticipate the need to discuss the implementations of the shortfall, as well, with the First Nations Gaming Commission, but we haven’t had those discussions as of yet.
P. Milobar: Well, every year there are projections made, moving forward, based on historical issues. It’s probably why there was still $60 million in contingencies every year for Indigenous consultation, because historically, there was always a draw on contingencies at that level, so it would go into a back account to make sure it was there as needed.
I’m just curious, then. What would have been the projection, recognizing it was a different minister last year, in last year’s budget? When this agreement first came in, what would have been the projected expectation? It obviously wouldn’t have been $58 million. What would have been the projected revenues for that agreement for this year, pre-COVID, that would have been first anticipated?
Hon. M. Rankin: I thank the member for the question. In 2019, the province paid the First Nation Gaming Revenue Sharing Limited Partnership $196.84 million, two years’ worth of gaming revenue, based on the B.C. Lottery Corporation’s estimated net income for the two fiscal years 2019-20 and 2020-21. Just in the last little while, we paid $58 million to the First Nations through the First Nation Gaming Revenue Sharing Limited Partnership.
The member asked what the estimate would have been. Well, given the compounding of interest and $3 billion over 25 years, we reckoned it was about $95.5 million. So there’s a shortfall, a significant one. As I said to the member, we are having discussions. No decisions yet have been made as to how to address that shortfall.
P. Milobar: We spent a lot of time at the beginning hearing from the minister about the vagaries of going to Treasury Board and trying to draw upon contingencies for things that actually are constitutionally needed to be done — like accommodation, consultation, discussion, capacity building, treaties, all of that — and the minister being uncomfortable that that would have to go through contingency requests at Treasury Board, time and again.
That’s how we wound up with the $60 million in the budget, instead of through contingencies. That’s how we wound up with the $17 million in this year’s budget to acknowledge some signed agreements that happened over the last year or, at least, take effect this fiscal year and need the $17 million, which is, again, totally understandable.
We have a 25-year agreement, signed, for 7 percent of net gaming revenue. That agreement anticipated and had a schedule, as the minister said, of around $100 million a year for 25 years. That’s what the signatories were expecting. That’s certainly what all of the media coverage around that agreement was, when it was first presented.
Yet when we hear $58 million because of COVID, understandably, and a government has $3.1 billion built into a budget for a slush fund for COVID-related issues, and we have a revenue drop because of COVID-related issues, I’m at a loss to understand how much negotiation would need to be happening with the leadership to make up a $37 million shortfall.
I guess, why is this agreement, this signed legal agreement that had a very clear expectation level set out for First Nations leadership around gaming revenue share…? Why was it not just made whole or, at least, close to whole — I’m sure that the leadership would be reasonable and understand what an approximation would be — instead of now needing to go through the vagaries of Treasury Board, cap in hand, needing contingency funds, when there was $3.1 billion sitting there to draw upon while this budget document was being created?
Did the minister go to bat for the extra $37 million that was missing while the budget was being created?
Hon. M. Rankin: I don’t think the member would suggest that the pandemic was something that could have been contemplated when the agreement was entered into. That’s what lawyers call a force majeure. Who would have ever anticipated something like this, where the revenues would decline so precipitously?
The member is wrong when he says that there’s a schedule of payments or the like in the agreement. There’s not. It’s a very clear agreement that said that 7 percent of the net revenue from gaming will be made available over 25 years to the 204 nations. That is what we are committed to do, and that is what we will address during our negotiations that will have to take place to deal with the force majeure of the pandemic. We look forward to those negotiations.
P. Milobar: Unlike the minister, I’m not a lawyer, nor do I play one on TV. I’m not suggesting that I’ve read the contract. I’m suggesting that I have listened to all of the government fanfare and discussion around the agreement.
The minister, in fact, referenced it in his first answer to me, saying that based on assumptions of $3 billion paid out over 25 years, accounting for a little bit of inflationary pressures, it would be around $95.5 million, because that’s how the $196.84 million was arrived at for the first two years of the agreement. So I was not referring to a hard-and-fast schedule. We all know it’s 7 percent of net revenues.
That’s why I started out asking the minister: what were the projected revenues last year, anticipated pre-pandemic, for this year? That number has been known. That number has been known at $95.5 million.
The question was: knowing that there was going to be a $37½ million shortfall in gaming going into this budget, and knowing the minister’s aversion to needing to go to Treasury Board regularly for funding, and knowing that there’s a written contract with the leadership around…? Why would the minister not have not gone to bat instead of having to go to a $3.1 billion pandemic contingency fund, to not say to Treasury Board and cabinet colleagues as the budget was being produced: “Hang on. There’s a gaming shortfall here because of the pandemic. Maybe we don’t need $3.1 billion in contingencies. Maybe we could just try to approximate, within a reasonable area, the $95.5 million”?
Again the question that was actually asked was: did the minister attempt to make the agreement close to the $95.5 million and get rebuffed and told to go to contingencies, or did he just not try at all?
Hon. M. Rankin: I find it interesting to hear the member for the party that formed government for so many years and refused so continuously to provide one penny for gaming revenue now talking about this issue so passionately.
I reiterate: I’ve told him the exact number that was anticipated. He asked for that projected revenue. I made the point of $95.5 million. I think that he accepted that. I told him that, last week or just a week before, we actually paid $58 million, so he knows what the shortfall is. He knows that it’s my responsibility to address this issue, and I will do so in the fullness of time.
This is a pandemic. This is a force majeure clause under the contract. We stand by our contractual commitments and will honour them to the full.
P. Milobar: Speaking of contractual and tying in previous questions around the Wet’suwet’en agreements and discussions that were happening, I’m just wondering. The minister had mentioned how he had been involved previously under contract by the government to engage in some of those discussions and how as minister, he finds it imperative that all sides try to work together, which I fully agree — that the electeds need to be working with the hereditary system, as well, to try to find a way forward within their own areas and territories.
At the time that the minister was contracted — and this will lead to a few subsequent questions, I guess — was the minister contracted and enabled and empowered by the government to have the same conversations with the elected bodies in the Wet’suwet’en as he was contracted to have with the hereditary side and system within the Wet’suwet’en?
Hon. M. Rankin: Thank you to the member for giving me the opportunity to talk about the historic work that I was asked by the Premier to do with the Wet’suwet’en Nation. His question was the extent to which I was also encouraged to work with the elected membership.
I was, of course, asked to work with the Hereditary Chiefs who had won the Delgamuukw-Gisday’wa case of 1997, but I was also, of course, to deal the nation through their traditional governance system, their smoke feast, which I attended with the Premier and ministers, as at the time, I was a provincial representative. It was a great honour to do that — an historic set of negotiations, which continue, I’m happy to report, today.
Of course, as part of that responsibility, I was aware of some of the tensions within the Wet’suwet’en community. Although I don’t think I actually met at the time with the elected members, I think maybe once or twice, if I’m not mistaken, my primary responsibility was to undertake the negotiations with the Hereditary Chiefs.
As I said this morning, everyone acknowledged and made clear to me my responsibility to ensure that anything we achieved, if we were able to do so with the hereditary leadership, would have to have the support of the Wet’suwet’en collectivity. I hope that that work is going to take place.
The government just recently provided a term sheet, we call it, some additional funding to assist them in that critically important unity-making work. I’m hopeful that we will see something emerge from that, the federal government now being part of the negotiations that we can all be proud of.
P. Milobar: So it sounds like the contract was not directly to engage in an official capacity on behalf of the province or otherwise with the elected bodies of the Wet’suwet’en.
The minister had mentioned earlier about the, I believe, $7.2 million in terms of funding provided to the Hereditary Chiefs, mainly from the federal government. Could the minister please provide me a breakdown of who was funding how much of that money that was, I believe, directed towards the hereditary houses?
Hon. M. Rankin: It was the province that provided $7.22 million to the Hereditary Chiefs to deal with particularly, as I said, governance capacity, unity-building activities and to facilitate the ongoing discussions under the 2020 MOU, which of course, my predecessor, Mr. Fraser, and Carolyn Bennett were engaged.
Some of that money has been used for refurbishing a school, renovating a school: the Lake Kathlyn School in the Smithers area. It will be, I think, intended to be the seat of the governance system for the hereditary leadership. Some of that was important stewardship work — water stewardship, engaging on environmental issues, wildlife management — some of the things that are of great importance to the Wet’suwet’en people.
The moneys are allocated under an agreement. To the member’s question specifically, it was provincial money alone. There have been other federal funds made available, I understand, as well.
P. Milobar: Thank you for clearing that up. Can the minister maybe elaborate: did that $7.2 million come out of the $60 million of funding that we’ve previously been talking about?
Hon. M. Rankin: No, it did not.
P. Milobar: I guess I’m a little confused by that answer then. Was there something in the $7.2 million that would have fallen outside of the realm of what was allowable and what’s envisioned for that $60 million to fund?
Hon. M. Rankin: It’s just a question of timing, I think. Of course, that money came out before the budget was finalized, with the $60 million permanent funding in the base budget. I think it may be seen as a great example of our success in going to the Treasury Board and seeking funding for important work. It came from the contingency funds that are made available to our ministry from time to time.
P. Milobar: Wow. This minister might have the highest batting average going, for contingency funds out of government from Treasury Board. Was the $7.2 million, then, year-end money? Was it part of pre–March 31 surpluses accumulated throughout government, unspent from various programs and still available? Or was it already part of contingencies in this fiscal plan that we’re talking about? If so, which contingencies would it have come out of?
Hon. M. Rankin: Madam Chair, I appreciate the member’s compliment about our track record at Treasury Board. We are pretty proud of it, but we do our homework, and I’ve got a great team that helps us put that together. The particular ask here, the $7.22 million, came out of Budget 2020-2021 and was another contingency success.
P. Milobar: Okay, so that was year-end money last year, then, it sounds like, based on the timing of when the announcement happened. Thank you for clarifying that, to the minister.
We have $60 million still — a typical, average year, which is good. This would have been eaten up, 12 or 13 percent of that $60 million, otherwise. I guess the question is: if we’re trying to bring all parties together, and you have two very defined forms of governance within this area of the province, why has the government not fully engaged with the elected bodies in the way they have with the hereditary side?
Hon. M. Rankin: I appreciate the question, and it gives me the opportunity to reiterate and to commend the member for Nechako Lakes who was here this morning. I commended him for his efforts to do just what the member proposed: to try to get the elected and the hereditary systems together. That remains a challenge. I acknowledged that this morning as well. I have met, I know, in March with the elected leadership, for quite some time, and reiterated my great hope that they would be able to connect with the Hereditary Chiefs through their systems of governance.
After all, colonialism changed the historic decision-making processes of the Wet’suwet’en, as so many other nations were affected. Our commitment was to work with them as the Indigenous governing body, consistent with their traditions as hereditary leadership. In some parts of the province, we’re working with elected leaders, chief and council primarily. In other parts of the province, we’re working with hereditary leaders. In many nations, there’s an effective amalgamation or partnership between the elected and the hereditary systems. I continue to hope that the work that the member for Nechako Lakes has indicated was underway would bear fruit.
It’s a long, difficult process. It has not been helped by the pandemic, and we are hopeful that an agreement can be reached, in the near term, with the federal government, the provincial government and the hereditary leadership.
P. Milobar: I’ll have several more questions here in this area, because as we’ve been trying to get reports of what’s actually been happening with contracts in terms of engagement, we know that the minister was engaged by the province specifically to deal with the hereditary side of the equation and not purposely contracted to engage meaningfully with the elected bodies. My understanding is that the minister of state for FLNRORD, at around the same time, was contracted by the province to deal specifically with the hereditary side as well.
The reason we’re meaning to ask some of these questions is because when we’ve tried FOI’ing to find out what work was actually done, what engagement happened, what type of outcomes were coming forward, the minister of state, according to my notes, was required to provide verbal reporting weekly or more often, as circumstances dictated, to the chief of staff, to the Premier, to the deputy minister and special advisor as well, and other officials designated. “A brief written summary of his engagements will be submitted at the end of the work.” Well, that work is long since completed.
When we FOI, no records were found of any submitted written reports or notes regarding verbal reports in the Ministry of Indigenous Relations and Reconciliation, despite the reporting requirement in the contract and further notes and reports to the Premier’s office that suggest good and frequent communication with the minister’s office.
I guess my question to the minister is: will we be able to access and be able to review what work was undertaken by both himself and the minister of state of FLNRORD in regards to discussions with the hereditary chiefs? Taxpayers did pay about $240,000 between the two for about nine or 12 months work, and we’re just simply trying to access some of these reports. The elected leadership would like to know what’s in these reports, and I’m asking the minister if those can be made available.
The Chair: Members, we’ll now take just a five-minute recess while we undertake cleaning and safety protocols in preparation for a new committee Chair.
The committee recessed from 2:32 p.m. to 2:35 p.m.
[A. Walker in the chair.]
Hon. M. Rankin: I thank the member for the question. We were talking before the break about the nature of the negotiations and funding of the negotiations with the Wet’suwet’en. I had the honour of being asked by the Premier to undertake that initially. Then, of course, when the MOU discussions occurred, I was not any longer engaged. But during the time I was there, the negotiations were very, very complex. The member for Nechako Lakes, this morning, I think, acknowledged that very clearly.
I had numerous briefings with the deputy minister, with the Premier’s office, and with the minister, Mr. Fraser, at the time. As the member will appreciate, there weren’t a lot of written records. The records would go something like, if they were prepared: “We are continuing to make progress. We are continuing to meet.”
I was given a mandate. I was consistently told — and said publicly so often, when I was in Smithers and the territory — that we really need to insist that the important unity work be undertaken. Money was provided to assist in that direction. There was nothing, I think…. I can’t think of what written records would have been available that wouldn’t simply say: “We are continuing to meet and working hard to achieve an honorable agreement.”
As someone who was very much engaged with freedom of information through my academic career and believe very much in it, if there was a record, I would fight for the member’s right to retrieve those records. All I can really report would be that there were no such records, because I was simply asked to go and negotiate. I was given instructions to work within a mandate, and that’s precisely what I did.
P. Milobar: Over that time frame, there was about a quarter-million dollars invested in yourself and others to try this engagement. People need to get paid. I’m not suggesting that shouldn’t happen or anything like that. Obviously, if you’re doing work, you deserve to be compensated.
But it seemed to be — and previous questions to the minister were that the direction and, in fact, the contract were very clear — that it was meant to be engagement, officially, with the Hereditary Chiefs, not the elected. The problem we’re finding is that — as the member for Nechako Lakes articulated as well earlier, and as I’ve had a few conversations with folks from up that part of the world — there’s a frustration growing that the elected side of the equation that the minister speaks about needing to be together, to be one, continues to be left out of finding out what was being discussed and what was being reported.
The resources the province is providing to one side of the conversation are not being provided to the other side of the table. We’ve just heard…. There’s the quarter-million dollars. Now there’s $7.2 million provincially, all out of last year’s budget.
Can the minister point me to where in this budget there is any money for the elected leadership to meaningfully try to engage with the province and with the hereditary system on the same type of financial support footing that we’re seeing with the hereditary side of the discussion?
Hon. M. Rankin: I don’t recall specifically a request for funding from the electeds that would show up, but I can tell you that they are in receipt of considerable funds through such things as pipeline benefit agreements and what are called FCRSAs, the forest consultation and revenue-sharing agreements. They are in receipt of those funds to do the work that they do. My mandate was to work with the Hereditary Chiefs, the people who brought the Delgamuukw-Gisday’wa case to the courts. I did that in good faith. I’m proud of the achievements that we’ve made. I think we are making progress.
I’ve said over and over again, as recently as March, when I met with the elected Chiefs and council, that it’s important that that unity work continue, that an agreement must have the consent and demonstrate the support of the collectivity called the Wet’suwet’en. There has been nobody trying to suggest just how that will be achieved, but we expect to be able to report that the agreements we achieve have the support of the community who the Hereditary Chiefs are representing.
That can be done, that assent can be provided, in any number of ways, but we have to be satisfied — and they well understand that — that their membership supports it. That is a message I delivered, in March, to the elected leadership. I have done that on several occasions, and I will continue to do that.
P. Milobar: Thank you to the minister for that answer. But referring to revenue-share agreements on pipelines, other forest projects and things of that nature that elected bodies would enter into, anticipating certain amounts of revenue in a certain way that they were planning on expending for the betterment of their community, and expecting them to just dip into that to match 100 percent–backstopped provincial and federal government firepower, so to speak — the manpower behind the hereditary side of the equation — creates what feels like an imbalance.
We’ve been hearing that for quite some time. The government has certainly been hearing I; I know I’ve been hearing it. If I’ve been hearing it, I can guarantee that the minister has been hearing it. He was deeply ingrained in the conversations right from the get-go. So was the Minister of State for Lands and Natural Resource Operations — very well-versed — and voices around the provincial cabinet table.
We’ve heard from this minister about the importance of all sides in that area needing to work together and ultimately come together on a way forward. I agree with that, but it gets pretty hard to find that way forward when one side is much more heavily resourced from the provincial government — with a minister who, previously, was tasked to work exclusively for that side and not the elected side — and when there’s no resources provided for the elected side.
I hope the minister can see why even the elected side of the equation has a little apprehension, given that his contract with the government was not to work with them directly on behalf of the province. It was to work for the hereditary system. Now, as minister, there are no resources in this budget that he can point to, according to his last answer, that would support the elected officials to be able to start to engage on an equal footing, with provincial and federal funding, to provide those types of conversations.
I guess the question, then, to the minister…. He has a well-established track record of going to bat at Treasury Board, and there’s no money in the budget. Is the minister prepared to go to Treasury Board to get contingency funding to try to make sure that the elected officials within this whole conversation start to feel like they are on equal footing, to try to accelerate and try to find these conversations to end in a good place?
Hon. M. Rankin: I just would point out to the member that the negotiations that I was asked to undertake were with the Hereditary Chiefs, not the elected Chiefs, because it was the argument that the Indigenous governing body responsible for lands and resources in Wet’suwet’en territory was, historically, the Hereditary Chiefs. Of course, elected Chiefs have great responsibilities under the Indian Act for administering their reserves and the like, but the advice we were given — and the court’s decision in 1997 — was to the effect that the Hereditary Chiefs were the proper Indigenous governing body, and we acted accordingly.
In other words, my negotiations were with the Hereditary Chiefs, not the elected Chiefs. Imbalance is not, in fact, an appropriate way of describing it. The member, quite properly, talked about the need for all sides to come together, and that is precisely why the majority of the $7.22 million that were just recently made available to the Hereditary Chiefs was to engage in that unity-building work. That is what it is for.
We continue to — as I say, as recently as March, when I met the elected Chiefs — encourage them to get together, notwithstanding the pandemic and all of the difficulties that that poses for all of us, to find a way where we can have their assent for any work that comes out of this historic process. The federal government and the provincial government, after the MOU was signed, are engaged with the Hereditary Chiefs. That is who we are dealing with. We have encouraged the elected Chiefs to get involved in that process, and we’ll continue to do so.
P. Milobar: Well, whether the government likes it or not, they’re in the middle of this back-and-forth between the elected and the hereditary system up there, and this is part of the problem. Once the government has inserted itself into these discussions, there is an expectation — from both the elected and the hereditary, frankly — to make sure that the government is seen to be engaging in a meaningful, good way with all parties.
When you have elected Chiefs and councils, they rightfully and understandably expect that government will deal with them as well. It’s not as simple as saying, “Well, the electeds should just go talk to the Hereditary Chiefs, because we gave them $7.2 million, so there’s some money there for them to be able to try to work through this,” when the government had very clearly hired the minister, when he was in his private realm as a lawyer, as their voice, as the minister has just reaffirmed. That’s my whole point of my questions: he was explicitly hired to work with the Hereditary Chiefs, not the electeds.
The Minister of State for Lands and Natural Resource Operations was hired directly to work with the Hereditary Chiefs, not the electeds, and there has been a one-sided feel of a conversation that the provincial government and the federal government have engaged fully on the hereditary side and have done precious little to try to broker some sort of coming together. Simply saying, “We hope that you will” and “We encourage you to” does not necessarily make it so.
I guess the question to the minister, then…. One of the big sticking points, to this point, is that the elected bodies still, to my knowledge, have not had access to the MOUs. They certainly weren’t involved in the negotiations and discussions with the MOUs. Will they have a meaningful role to work on, in some form, or even have access to those MOUs and be able to actually provide, directly to the provincial government in a meaningful way, any input on the way forward?
Hon. M. Rankin: The MOU, I should say, from the outset, is a public document. It’s a short document, but it’s a document that’s been public for many, many months. It is, of course, an agreement signed by my predecessor, by Minister Bennett and by the Hereditary Chiefs.
It was in 1997 that the Hereditary Chiefs won the historic victory. Our negotiation has been with the Hereditary Chiefs. It is the Hereditary Chiefs that are party to the MOU. Those are the three parties: federal government, provincial government and the Hereditary Chiefs. It is to be hoped that the elected leaders will see fit to join this process, but as the member will well understand, it is not for us, as the public government, to insist on any particular thing happening with our negotiating partners.
We can encourage. We can provide the funding to make sure that the resources are there to allow that to occur, but it is ultimately for the Wet’suwet’en as a self-governing nation to determine how they present themselves in this negotiation. It is the Hereditary Chiefs that won the court case. We took a generation, sadly, to get back to the table. We are at the table with them now, and we would hope that they would do the work required to get their membership to agree to whatever comes out of these historic negotiations.
P. Milobar: That’s one set of conflict points happening, but it’s happening on a pipeline area, an LNG project that this government supports.
I’m going to switch gears now and talk to this minister’s potential resourcing of a different conflict on a pipeline project that this government does not support, that has been going on for three years and that has had no support from this government to try to resolve either.
In Blue River, we’ve had the Tiny House Warriors occupying a piece of Crown land and wreaking havoc on people’s quiet and enjoyment of their own private properties. At the campground next door, their clients are driven away by loud noise repeatedly. Town people down trying to swim at the river have had harassment issues. Everything’s well documented. I’ve brought this forward to government now several times. I did it in estimates last year as well.
The request was really quite simple. We don’t expect, in my riding, that there will be some magic solution to this. It’s a long-standing dispute.
The area First Nation, the Simpcw Nation, has an agreement with the pipeline company. They provide a lot of contract services. Their natural resource company in the valley is actually the largest employer in the valley. They do a lot of great work up and down, and they get along great with the residents of Clearwater, Barriere, Blue River, Valemount. Their territory is quite massive, and they do a great job.
They’re frustrated, as well, that these protesters have set up and have not been moved along or talked with in any meaningful way. The request I had last year and the answer I got back was: “We don’t direct policing.” Well, it’s funny. They tend to direct policing, it seems, if it comes to other societal issues, but it isn’t this minister’s issue to deal with policing.
FLNRORD does not want to take action with them being on Crown land. I’ll go and chat with them again. The Attorney General doesn’t want to take any action through the prosecution services in any meaningful way. The police feel frustrated. They’re doing what they can do, but small rural detachments don’t have the manpower. The community is completely frustrated. The elected chief and council in that area are completely frustrated. There have been no resources provided to try to engage in a meaningful conversation between the protesters, the community and the company — zero. And it’s been going on for three years now.
Is there any money in this year’s budget to try to engage with some actual dialogue, to be a mediator of this, to try to find some way to open a conversation, recognizing that the protesters aren’t too eager to be moving along? Not talking hasn’t worked for three years.
Is the minister prepared to get some resources into the Blue River area to try to engage with the community, with the First Nation, with the protesters, in a respectful way, and with other impacted parties around trying to solve this impasse? Because it’s not working. Silence and indifference from government is not an answer.
Hon. M. Rankin: I want to thank the member for his continued advocacy on behalf of his constituents in this difficult situation. I think I would start by saying we are open to any ideas that he may have to assist us in finding a peaceful resolution of this complicated issue.
He prefaced his remarks by talking about how we have, perhaps, different perspectives on different pipelines. I suppose that’s true, but it’s irrelevant. It’s absolutely irrelevant.
We are here to ensure that the right to engage in peaceful protests is upheld but that unlawful actions do not occur. We do not, contrary to what I think I heard insinuated, direct the police in any way, shape or form. They exercise their discretion independently of government, always have and, I certainly hope, always will.
Enforcement decisions and individual investigations in the Blue River context occur at arm’s length from government, and government cannot and will not interfere with the police. The public has a right to peaceful protest, and that is a core element of our democracy that I’m sure the member would acknowledge.
In this particular case, we would welcome the member’s suggestions as to how we might be able to find a resolution to this long-standing conflict.
P. Milobar: Well, to be clear, I didn’t suggest that I was expecting this minister to direct police. What I’m saying is that over the course of time, there have been nuanced other areas of government where the Solicitor General and the Attorney General have indicated, between the prosecution service and police services, how enforcement will or will not take place on various things and how prosecutions will or will not happen on various things.
That’s fine. I’m not taking issue with that, and I’m not suggesting that we run into Blue River with a massive police presence. I didn’t ask for that last year. The community hasn’t asked for that.
The community has been pretty clear that they’re fed up. The community’s perspective, rightly or wrongly, is that on a pipeline that the government spent years fighting in federal court, spent years saying “every tool in the toolbox,” a pipeline that the government to this day still doesn’t actually want to have happen but will grudgingly accept the Supreme Court decision that it’s happening…. There have been zero resources from this government to try to engage with the protesters and the community and the First Nations in that area on this standstill. Zero.
I was raising these questions last year in estimates at the same time that this minister and the Minister of State for FLNRORD were getting paid a quarter of a million dollars to get in the middle of a very contentious issue happening on a pipeline that this government did want to see happen. So I think even the minister can see where the public perception of the residents of Blue River is: out of sight, out of mind. Not a project the Premier wants. They can tolerate and put up with three years’ worth of public disorder.
Just three weeks ago we had a protester chain themselves to the boom of a crane at a worksite. Now, they were dealt with. There was a proper injunction in place, and that’s fine. It put a lot of people at risk. Those are big industrial sites. Crane booms aren’t exactly something to be messed with.
We’re talking about the day in, day out and the inability of this government to try to even remotely engage with the community, with the Simpcw chief and council and with the protesters. The request, I think, has been fairly clear for the last few years. Why are there not resources to try to have some intermediary? Surely there must be some other retired federal MP we can send in there to work on this. I asked that last year. Must be. That’s who we hire to send in and try to take care of contentious issues.
The people of Blue River have spent three years asking this government for some sort of resources and help, and they have gotten none. They will get police response when it’s warranted. That’s expected, that’s understood, and that’s fine. We’re talking about the day-in, day-out situation that is being created in a small town.
Will this minister provide resources, provide somebody on behalf of the government to try to meaningfully engage in a conversation between the chief and council, the community and the protesters so that the chief and council in the community can get some peace and quiet restored back into their area?
Hon. M. Rankin: In respect of the actual project…. Before I talk about the potential way forward, I need to reiterate…. Whether or not this government has a particular stance on a particular pipeline is not relevant to this dispute. The member seems to be suggesting that it does.
The courts have determined, as you well know, that this project, the Trans Mountain pipeline, is of legitimate process and should proceed. It has a valid environmental assessment certificate with 37 conditions. There are about 1,500 provincial permits required. It is permitted. It is a project that has been permitted by the government. Any member or minister’s particular position on that is not relevant, and it is particularly irrelevant to the policing of this conflict. So I just want to put that on the record as clearly as I’m able.
The member, however, has said…. I accept that he’s not asking for a massive police presence, to use his words. We are open to any suggestions that he might have. He’s made one, and it’s one I’ll take under advisement. As I understand it, he’s suggesting we bring in a facilitator or a negotiator of some sort. That may be an approach.
But I do want to let the member know that our representatives from British Columbia met with Kúkwpi7 Loring and Kúkwpi7 Casimir of the Simpcw and the Tk’emlúps Nations just this past August to discuss the situation and determine ways to work together to address their concerns. The province is committed to continue discussions with those two individuals and to meet the people of Blue River as well.
I think the member does an excellent job in articulating the frustrations that are felt when a long-standing conflict of this sort emerges and seems to be intractable. But I always find…. I do not believe there’s an intractable conflict. We just need to find better ways to engage. We will continue to look at all sorts of opportunities. If the member has ideas — he has given us one today — we will take those under advisement.
P. Milobar: Well, thank you. I was aware that back in August — not just August, but we’re almost at August again, so nine months ago — the meeting happened. Two very strong Chiefs. I have a lot of respect and time and admiration for both kúkwpi7s. They do a great job representing their communities. They are both integral areas within my riding, certainly. I have no doubt, after my meetings that I’ve had over the last better part of two decades with those two Chiefs, that they made sure the government knew exactly what they were thinking and exactly what type of help they needed and resources they needed.
I’m assuming that as the minister said, there was a meeting to find out what type of help and supports they would like to see happen. Has anything been actioned on behalf of the provincial government based on that meeting? I find it hard to believe that those two Chiefs would not have had an ask of something of government.
Hon. M. Rankin: I appreciate the member reiterating that there were meetings with Kúkwpi7 Loring and Kúkwpi7 Casimir. I share with him the perspective that these are two very strong Chiefs in his community area.
However, to the specific suggestion that the member made about the appointment of a facilitator, the fact is that the Simpcw have not asked for such a facilitator during our meetings, nor have they asked for subsequent meetings on this topic.
Again, I reiterate that if the member has suggestions that would be acceptable to the parties, such as the one that he has proposed, our door is very much open to trying to find a resolution to this long-standing dispute.
P. Milobar: Well, I would suggest the minister also connect with the regional district director and others in that area as well if he wants to feel the sentiment community-wide. As I say, when I convey the sentiment that this is on a pipeline that the government opposed, I am essentially repeating back to the minister what I hear repeatedly from people up and down that valley.
The minister can feel that that’s not factually accurate all he would like, and I don’t think that there’s necessarily a big bull’s eye drawn on this part of the world in some government back room, but I’m not doing my job representing my constituents if I don’t convey back what their feelings are to the government and to the minister.
I know that the minister appreciates that and understands that. I know it would be a different response, not so much from this minister but from the benches pounding away, if I said something similar in question period, so I appreciate the estimates process to make that clear. But I do hope that there is a way to meaningfully try to bring some resolution to this issue in a peaceful way, because that’s what all residents in the valley have been saying.
Government has more resources in this situation than anyone else, and after three years, there have been no government resources. One meeting with two Chiefs nine months ago does not cut it, not when you look at the area that we were just discussing earlier and the resources that were being pumped into that area by the province, and still are. But I’ll move on. I have less than an hour to go, so I should continue and move on.
In the minister’s mandate letter, it also says: “Expand our government’s support for Aboriginal friendship centres that serve the needs of local Indigenous communities while playing a vital role in connecting urban Indigenous Peoples from across the province to their home communities.”
Can the minister point me to where in the budget or how much or what extra resources are in this budget to fulfil that part of his mandate letter?
Hon. M. Rankin: I just want to complete the answer to the last question that the member opened with, concerning the controversy in Blue River. I reiterate that we are available to meet the Chiefs at any time. We are committed to try to find a resolution. They have not asked for a facilitator, but our door is open.
Again, to the member, if there are additional ideas that could help us address this, we’d be happy to.
I utterly reject the premise that…. The sentiment may be what it is, but I hope that the member will acknowledge that we are committed to the law. This is a permitted project. A law enforcement issue of this sort…. It’s of no consequence what my particular view might be about the Trans Mountain pipeline or the LNG pipeline or the like. We’re a nation of laws. We’re a province committed to that. Maybe there’s sentiment to the contrary, but it is wrong. So I don’t want that to be left on the record with any uncertainty whatsoever.
On the issue of the friendship centres, there is no specific new money in the budget for this important mandate. I reiterate what I said earlier. This commitment to friendship centres is real. We have a four-year mandate in the mandate letters, and I continue to deal with friendship centre leaders all the time.
In fact, yesterday I met with the head of the friendship centre, Barb Ward-Burkitt, who runs an incredible operation in Prince George and is chair of my minister’s advisory council on women’s issues. She is just an amazing dynamo and a great asset to the friendship centre movement.
The province provided $7.8 million in COVID-19 relief funding to provide extra funding support to all 25 friendship centres across the province. I think it’s important to note that that helps to provide supports like meals and food hampers, care packages for seniors, education kits for children. It helps keep staff and clients safe with new handwashing stations, sanitation, safe work spaces and personal protective equipment.
Friendship centres, as the member pointed out, quite properly…. The urban Indigenous population are served to a great degree by friendship centres. We have one in Victoria, under Ron Rice’s leadership, that does enormous good work in the community. They’re all over — 25 of them. We are committed, over time, to address their funding needs and to do so, of course, with minister Marc Miller, the federal Minister of Indigenous Services.
P. Milobar: Thank you for that, Minister. So a couple more Métis-related questions for you. The government had a Métis Nation relationship accord. It was 2.0. It was signed in 2006. It included commitments to provide regular reporting.
Can the minister give an update on the most recent time there was a report published?
Hon. M. Rankin: It took me a moment to get the answer. I wanted to be sure. It was a very specific question posed, and I wanted to make sure I had accurate information. I have spoken with our assistant deputy minister who is responsible for this division.
I want to start by saying that the Métis people have constitutionally protected rights. The province recognizes that. They were affirmed in our Declaration on the Rights of Indigenous Peoples Act. There are probably 90,000 Métis people living in British Columbia. They’re an important community. The member quite properly referred to the Métis Nation relationship accord II. We continue to work through that accord to cultivate a better relationship with the Métis people so they can access good social and economic opportunities that make a difference in their lives.
We are trying to use this accord as a springboard to establish a long-overdue better relationship with the Métis population, often called the invisible Indigenous population of our province. I can report to the member that there has been no report that has been written. COVID has been our enemy. The report is still outstanding. It requires to be undertaken jointly with the Métis Nation British Columbia, and that work is ongoing. Active discussions, I’m advised, are underway.
P. Milobar: Well, I appreciate that there’s not been a report issued recently. The question was: when was the last report issued? I’m wondering if we can get a follow-up on when the last report issued was. It was signed with the previous government — the 2.0. What progress, then, has been made, in addition to the report, with the Métis Peoples of B.C.?
Hon. M. Rankin: I’m sorry if I misunderstood the question. When was the last report? I cannot report that. I do not have that information. I will undertake to provide that information to the member.
As to what progress is underway, as I said earlier, there are active discussions. We have to come up with a joint document. We’re doing so together. I can report to the member that I, as minister, have had conversations with Métis leadership on several occasions now, not only through the declaration act process, in terms of the action plan work that we’re doing, but also in terms of alignment of laws, where we’ve involved Métis leadership in describing the legislation that needs to be aligned and current bills that are going forward. They are very much engaged in that process.
So in addition to the relationship accord II, we also have a very vibrant relationship that we’re trying to create with the Métis Nation B.C.
P. Milobar: I’m just wondering if the minister — the ministry, the government — supports distinction-based funding for Indigenous governments. If so, and if it’s not in place already, will there be advocacy on his part to ministerial colleagues?
Hon. M. Rankin: A very interesting question posed by the member. He talks of distinction-based funding. I want to start by saying that British Columbia’s programming, that’s available from the Ministry of Education, Advanced Education, any number of programs…. The extent to which they are earmarked for Indigenous Peoples would, of course, include Métis.
We point out again that section 35 of the Constitution Act, 1982, very clearly connotes Métis as part of Indigenous Peoples. We live in the spirit of that commitment, that constitutional requirement. I mentioned earlier that there are 90,000 Métis People we expect, we believe, most of whom live in urban areas. There’s a challenge to reach them and to provide them with the services that they are entitled to, but we do our best.
There are other Indigenous Peoples — many more, of course — who have land-based treaty rights, either treaty rights or Aboriginal rights and title, based on their connection with the land. The Métis do not have land-based rights in British Columbia, at least that’s our understanding. Of course, they do in the prairie provinces, but they do not here.
Inevitably, there will be a distinction. We go back to where I started: Indigenous Peoples, as defined in the Constitution Act, 1982 — “aboriginal peoples” there — definitely includes the Métis. We’re working hard to establish a good working relationship with our Métis citizens.
P. Milobar: Given that the minister is indicating that the government does not feel the Métis have land-based rights — I’m not arguing either side of that; I’m just restating — the commitments in DRIPA…. How will the government then recognize duty to consult all Indigenous bodies? Does that mean that with DRIPA and the land-based view of the minister that there will be one set of consultation on projects and initiatives moving forward, and a different set based on land rights, or not?
Hon. M. Rankin: I appreciate the question. The action plan under the declaration act is a very, very exciting process I’m currently engaged in. In doing so, we’re dealing with the complex array of Indigenous Peoples who exist in our province.
For example, we have modern treaty. Think Nisg̱a’a. Think the Maa-nulth, Tla’amin. We have modern treaties — Tsawwassen, of course. We have the Douglas treaties, a different category of treaties on Vancouver Island. We have treaty 8 in the northeast, ancient treaties, and in McLeod Lake Indian Band, that has adhered to treaty 8. And we have Métis. And, of course, the individual First Nations — 204 in the province. I mentioned 35 languages.
It is a very complex world, and we are trying our best to ensure that we meet First Nations and other Indigenous Peoples on their own terms to make sure that we have a viable reconciliation and that economic and social prosperity is shared widely.
The action plan is an example of how we’re working with each category of those nations and Indigenous Peoples. For example, we’re working in specific issues to address Métis, specific issues of interest to the modern treaty alliance, specific issues to deal with the Union of B.C. Indian Chiefs and First Nations Leadership Council, etc.
We have all of these governing bodies, plus the proper rights and title holders on the ground, which would be the 204 nations that exist in British Columbia. Inevitably, therefore, there will be distinctions because of the complexity of the various Indigenous groups that call British Columbia home.
I’m happy to say that the action plan under the declaration act, which we’re hoping to bring out in the next short while, will give us a great illustration of how we’re working to meet the specific needs of those differing Indigenous Peoples.
P. Milobar: Thank you for that. It is really just trying to get some background. Obviously, I’m sure that the minister hears from a wide range of Indigenous groups, as I do, and everyone is wondering where the government’s head space is at with these various issues. But the minister does actually provide a perfect segue with that answer. I was going to be moving on to the action plan.
I’m just wondering if the minister could reconfirm, for the viewing public at home, those four people tuning in right now, just what the original timeline for the action plan was.
Hon. M. Rankin: I thank the member for the question.
There is no timeline in the declaration setting out exactly when an action plan has to be created. There is one in the federal act, interestingly, but not here. I would have hoped, if I can be totally candid, that we would have had this done by now. We hope to bring and expect to bring a consultation draft forward in a matter of weeks.
I stress that the act does have a very specific requirement. It says that the action plan has to be created “in consultation and cooperation with the Indigenous peoples.” I take those words very seriously.
It’s not just our list of things that we want to accomplish over the next five years. It’s a plan that is engaging all of those various Indigenous Peoples that I spoke of earlier. To do that right, in the age of COVID, unfortunately, has taken time. I wish we didn’t have COVID. I wish it were done.
I am happy to report that the consultation draft will be out in a matter of weeks.
P. Milobar: Will the consultation draft, then, be released publicly, or will it be strictly for the people and the agencies and the groups that were consulted on the development of the draft plan?
Hon. M. Rankin: It will be a public document on a website the government is now creating.
P. Milobar: Could the minister, then, walk us through what the envisioned process will be once it’s released in terms of how long there will be for public commentary, if any, and what the process is for making any amendments or changes to a draft plan? Or is it meant to be a draft plan to inform and educate — what is, essentially, a final document — but it will be at least public so people can understand it before it gets enacted?
Hon. M. Rankin: The action plan has been the subject of a lot of action. We’ve engaged with so many Indigenous Peoples. It’s been really quite wonderful — the level of involvement that we’ve managed to achieve despite COVID. I’m very happy that the consultation draft will be coming out in a few weeks.
I want to stress that this has involved not only dialogue with Indigenous Peoples but with many others and, frankly, often negotiations within government to make sure that the various agencies and ministries are committed to this and lined up and that realistic, achievable things can be done.
We don’t simply want aspirational ideas. We want things we can look to in five years and say: “We did that. That was a practical, achievable result, and we achieved that result.” That is what we’re looking to do.
As I say, we’ve talked to all of those groups I talked about earlier, which are part of the fabric of Indigenous communities in British Columbia. It will be public for a period of time, the consultation draft — probably a few months. Summer is going to get in the way; we acknowledge that. But we want another opportunity for feedback.
I can honestly say there has been enormous involvement of Indigenous groups to the stage we’re at now. I’m very pleased with where the action plan is at, but there could be lots of feedback. That’s what we want. That’s why it’s a consultation draft. That’s why it’ll be widely available. After that feedback is provided, we hope that we can get the work done in final form by the fall.
P. Milobar: Well, that’s good to hear. I was worried we were heading down the caribou plan road again. It was up in the Peace area. It sounds like that’s not the case at this point.
In terms of flipping back, then, to the minister’s mandate letter. I appreciate it’s a four-year term, but mandate letters get changed from time to time. And we wouldn’t be doing our job if we didn’t check in on progress that is or isn’t happening that the Premier has directed the minister to do.
One of the bullets, about three down on page 3, is: “Bring forward for cabinet consideration a plan to create a dedicated secretariat by the end of 2021 to coordinate government’s reconciliation efforts and to ensure new legislation and policies are consistent with the Declaration on the Rights of Indigenous Peoples Act.” I’m just wondering the status of developing that secretariat and if the timeline will be met for the end of 2021.
Hon. M. Rankin: I appreciate the member raising the secretariat as one of the core commitments of mine in the mandate letter. I hasten to say yes. It will be done by the end of the calendar year, as advertised. We’re well underway. Had terrific feedback from the First Nations Leadership Council and others. But it’s an internal government operation. Where should the secretariat sit in government to be sure that First Nations and other Indigenous people see that it is a serious undertaking and has the status required that people will see it as a serious undertaking within the system?
How do we make sure that it actually gets its job done? Those are the challenges. The federal government uses the expression “machinery of government.” I’ve consulted widely with experts on public administration to make sure that we don’t create something that doesn’t have the clout to do the job that’s required, which is, I think, just to keep the government’s feet to the fire on the implementation of the declaration act.
I think that work is quite exciting, and as I say, it’s underway, with the kind of consultation and cooperation I referred to, not just with Indigenous peoples this time but with government and experts on public administration.
P. Milobar: Just to clarify and confirm, though, with the minister, then…. I know he referenced that it’s an internal kind of government working document, but it’s in a public mandate letter. I’m assuming that trying to figure out where it fits into government and which ministry best to maybe be the quarterback to it moving forward and things of that nature is what the minister is talking about. But the actual structure of it, where it will be located and how it will operate — all of those things will be made public once cabinet signs off on that creation?
Hon. M. Rankin: Absolutely, yes.
P. Milobar: Okay. Thank you for that. It says also: “In collaboration with Indigenous partners, deliver the action plan required under the declaration.” That’s the action plan we referenced earlier. There’s also language around improving government’s relationship with Indigenous people and “Facilitate partnerships around key decisions on regional land and resource use allocation.” Are all of those being tied together within the action plan? Or are those all going to be seen as individual ways forward?
Hon. M. Rankin: I think that the action plan will, of course, do a lot of things and impose a lot of obligations on a lot of ministries. That’s to be expected because our whole government, as I say, through all the mandate letters of all the ministers, is committed to a very significant shift in our relationship with Indigenous peoples, and reconciliation is at the fore.
The specific question that was asked, however, would not be necessarily part of the action plan. Our commitment to engage in long-standing agreements — agreements that are durable, I guess I should say — that are not simply transactional but are comprehensive, that deal with self-government and deal with economic prosperity and the like…. Those are the things that I’m mandated to do.
As the mandate letter said, it’s to move away from simply a particular forest and range agreement here or a pipeline benefit agreement there or something specific and transactional and to create comprehensive reconciliation. That is sort of the lens through which I’d ask the member to examine that particular subject.
P. Milobar: Thank you. I just have one or two more questions. Then I see the member from Saanich has signed on from the Green Party, and he’ll be carrying the rest of the questions through the rest of the day till close.
The minister has referenced a few times that trying to create the action plan during COVID has created issues. That’s understandable. It’s understandable, especially when you consider some communities would be very hard pressed with communication issues and bandwidth, if they have connectivity at all. So that’s totally understandable.
I just want to get a sense, though. With COVID itself, in terms of within the ministerial operations, has there been any secondment of resources from MIRR to other areas of government, or have the slowdowns been essentially just strictly the practicalities of trying to gather and properly communicate in the middle of COVID?
Hon. M. Rankin: I may have not grasped the member’s question adequately. Perhaps he might rephrase it.
I can say that members of our ministry staff are constantly moving to support Ministry of Health or work with the First Nations Health Authority in the context of COVID or perhaps work with the Attorney General’s ministry and might find themselves sitting in those chairs for some period of time. That’s the nature of mobility in the public service. That’s particularly felt in our ministry.
Of course, within our ministry, people have moved around. With the declaration act, there have been many people who have moved from one part of our ministry to another in order to undertake those responsibilities. But perhaps the member could restate the question so I can be sure to do justice to it.
P. Milobar: Sure. It may not be relevant this year. I know last year when we were doing estimates, obviously in the height of COVID just unfolding in front of us, there were a lot of different ministries where staff were seconded out to do more direct COVID-type support initiatives, and it did dwindle down and slow down workflow because of that. As I say, I understand the plan being slowed down because of communication and travel restrictions and those types of slowdowns.
I’m just checking to see if there was any impact with secondments out for COVID measures that also impacted the plan’s development or not.
Hon. M. Rankin: Thanks to the member for that thoughtful question. I understand that there has been lots of mobility, but during COVID, not as much, because many of our members stayed in place. We have had people redeployed — fires, floods, COVID. There’s been some movement as a result of fires and floods particularly. I don’t think that’s been an issue that has been of any great concern within our ministry in recent months.
P. Milobar: Okay, thank you. We find that with some ministries, COVID becomes the answer for everything, and then when you really drill into it — how was that COVID? But it doesn’t sound like that was it, other than, as I say, the obvious communication and logistical issues.
Just a last kind of follow-up. The most recent I can find is a Q1 2020 report from B.C. Housing. They haven’t issued an updated one. But in the minister’s mandate letter, it does talk about helping support B.C. Housing around Indigenous housing initiatives and things of that nature.
Here we have the Indigenous housing fund. This is a report on page 5 from the Q1. I’m not expecting that the minister would probably have the B.C. Housing report, obviously. But it’s initiated, 674; in development, 98. Now, I should say “initiated” is announced, but not necessarily funded. In fact, they’re not funded. “In development” means they’re on their way — so 98 there. Under construction, 326; and completed, none. This was the Q1 2020 B.C. Housing report.
I’m just wondering: does the minister have an update on actual completed units for Indigenous housing and what the most recent completed units would be through B.C. Housing that he works with?
Hon. M. Rankin: I think that’s very fair for the member to be asking. I don’t have, of course. It’s the Attorney General and the Minister Responsible for Housing and B.C. Housing that would be particularly involved.
The fact is, since 2018, through the $550 million Indigenous housing fund, we have been investing, as the member pointed out, in Indigenous housing, both on and off reserve. I stress again just how unusual it is for a province to be constructing housing on reserves. I’m very proud of that. I may stand corrected, but I have never heard of that occurring in Canada before. There was such an obvious need, and we stepped up to address that need. There’s a ten-year commitment to support building and operating 1,750 units of social housing.
The member pointed out that my mandate letter speaks to that commitment to work with the Attorney General and the Minister Responsible for Housing to bring the federal government to the table to match this funding and help build much-needed housing both on and off reserve. I’m happy that the Prime Minister has received a letter from our Premier requesting a federal commitment to match our $550 million investment.
I’m also happy to report that I’ve had personal conversations on more than one occasion with my federal counterparts, Minister Miller and Minister Bennett, asking for them to step up. Of course, I’m happy also to report that the federal budget does contain significant possibilities for that investment. You can be sure that we’re going to do our best to get British Columbia’s fair share.
P. Milobar: I could stand to be corrected, but my understanding is…. I believe it was actually former Minister Coleman who had funded, as Housing Minister, some on-reserve housing as well in the past. So it has happened in British Columbia, by my understanding, in the past, but it’s good to see some other projects move forward. There’s always a need for safe and secure housing, be it on reserve land or non-reserve land. That’s always good to see.
I will now cede the floor to the member from Saanich, from the Green Party. I’ve probably got the wrong riding name. He’s smirking, so I think I do. I apologize for that. I think he knows who he is, though.
Thank you for the time today.
The Chair: Thank you, Member for Kamloops–North Thompson.
We will take a two-minute recess.
The committee recessed from 3:44 p.m. to 3:48 p.m.
[A. Walker in the chair.]
The Chair: I now recognize the member, virtually, for Saanich North and the Islands.
A. Olsen: Thank you, Mr. Chair, for this opportunity, and thank you to the minister for taking the time and to my friends and colleagues in the B.C. Liberals for providing this time for us to ask some questions.
First of all, I’d like to congratulate the minister on his appointment to this really important role. As I’m asking questions today, they’re largely going to be in the context of that role and over this term of this mandate that his government has — just wanting to have discussion, I think, in broad terms, about what the minister’s approach and philosophy are in this role.
I know that my colleague from Kamloops–North Thompson has asked some questions with respect to the action plan. I know that this was one key part of this. I’ve heard the minister respond, I think, to the impacts that COVID-19 has had on the development of the action plan. Maybe, perhaps, the minister can provide a little bit more detail as to exactly how that has delayed or impacted the development of the action plan.
Hon. M. Rankin: Welcome to my colleague from Saanich and the Islands. It’s wonderful to be able to discuss these important issues with him.
You know, we had hoped to get the action plan out last year, no question about it. But COVID made it impossible, not only because government was disabled from doing its regular work — at least initially; we’ve come around since then — but of course, Indigenous communities were properly focused on keeping their members safe. You’ll recall the early days of the pandemic and how stressful it was for so many. I think we’re back on track. I would remind the member, Chair, that there is a need to consult and cooperate — those magic words in the declaration act — which we take very seriously.
We’ve had an enormous amount of engagement with all the Indigenous groups, and many individual nations as well. We’re going to get this document out, and the consultation draft, in the next few weeks. We hope to have it underway and done by the end of this year. It’ll be a five-year commitment. It’ll engage many ministries and agencies with things that are achievable in the real world. It’s not an aspirational document. It’s a document that we think, working in partnership with Indigenous Peoples, are things we can achieve together.
A. Olsen: Thank you, Minister, for that response. With respect to the consultation on the action plan that the minister refers to, I think that there are two groups there. There’s the rights and title holders, which are in the individual Indigenous Nations across the province, as well as Indigenous leadership groups. Memberships reflect various aspects of those Indigenous Nations working together.
I’m just wondering if the minister can provide a little context around what kinds of consultation and engagement has been done with the representative groups — the Union of B.C. Indian Chiefs, as an example, and the Assembly of First Nations. Then what level of consultation is being done with the specific rights and title holders, the individual Indigenous Nations and their leaderships?
Hon. M. Rankin: Thanks again to the member for the question. You know, we’ve had the opportunity to work closely with the First Nations Leadership Council — the treaty summit group; of course, the Union of B.C. Indian Chiefs; the AFN, which the member referred to — but we’ve also dealt with numerous specific rights and title holders, the individual nations.
I mentioned, of course, the Alliance of Modern Treaty Nations, and I mentioned, earlier today, the role of the Métis Nation B.C., who also are Indigenous Peoples for purposes of the declaration act. I think it’s important to also point out that the UBCIC…. They have, of course, undertaken their responsibilities to work with the proper rights and title holders, whom they represent. I think, all in all, we have had the benefit of input from a wide array of the Indigenous Peoples and their associations in this province.
A. Olsen: We often hear or see, in letters and advocacy letters coming back from the Indigenous leadership groups that the minister was referring to and that I was referring to, that the engagement that the government undertakes with them should not be misconstrued as engagement or consultation that’s done with the rights and title holders.
I’m just wondering if maybe the minister could provide his perspective on how he’s navigating that really tricky area — where, certainly, it is a benefit to get the opinion of the leadership groups. I certainly have a deep respect for the work that they do on behalf of Indigenous People across the province. However, there seems to always be the caveat there, so I’m just wondering how the minister navigates that tricky space.
Hon. M. Rankin: That’s an excellent question, and a really insightful one. The member is absolutely right. The engagement, in the context of coming together with an action plan, is very different in kind than the kind of consultation that is required with the proper rights and title holders, the individual nations.
I completely accept that that is a challenge, especially in the time of COVID, where many of the proper rights and title holders…. If they had access to broadband or Internet, that’s one thing. Some of the remoter communities do not and have not. Of course, COVID has taken their attention elsewhere. So it’s been a challenge.
But there is a difference between engagement, as he puts it, and consultation. Again, we rely on the leadership groups to ensure that that takes place, that they are in touch with their individual nations. I believe that they have done so very, very well. But the point of the consultation draft, among others, is to give those individual nations the opportunity for themselves to see what is contained in this consultative draft, to allow them to see firsthand, on a website and through whatever processes we can generate to reach them, that they feel engaged and involved in this creation of our first action plan.
It’s so important that we get it right, and that’s why one would like to simply say, after all of this time and all of these meetings: “Let’s just get it out the door.” But no. I think the member puts his finger on one of the key reasons why we must have a further round, hopefully over the summer, so we can get it done by fall, in which the proper rights and title holders are fully engaged.
A. Olsen: Thank you, Minister. Perhaps the minister actually started to answer what my next question in this line of series is, and that is: what is the process? So often I hear from the Indigenous Nations that I represent, that reach out to me, that they often get notified about something that government is doing, whether it be the provincial, federal or local governments, regional governments. They get notified. Then, oftentimes, there are challenges in responding in the time frame.
What is the time frame that the provincial government is going to set for those Indigenous Nations to provide their feedback on the action plan?
Hon. M. Rankin: The process has been a rather cumbersome one to date, and I’ll answer the member’s question a little bit later.
I should start by saying that Chief Tom, well known to the member in his W̱SÁNEĆ community, is the vice-president of the UBCIC and has been very much involved in this process as one of many. But the engagement on the action plan actually started in February of 2020. It has included general assemblies of the Union of B.C. Indian Chiefs, First Nations Summit, the B.C. Assembly of First Nations as well as First Nations directly, the Alliance of B.C. Modern Treaty Nations, Tŝilhqot’in National Government, Métis Nation B.C., the Minister’s Advisory Council on Indigenous Women, urban Indigenous coalitions and other Indigenous organizations.
As I say, during the pandemic, we continued to soldier on. Between March and July of 2020, we undertook an early analysis of known Indigenous-identified priorities across government, and with Indigenous partners, continued that work. Then in July….
Between July of 2020 and January of this year, the province engaged Indigenous partners on what their priorities are for the action plan. We held 80 separate meetings with 75 Indigenous partners, with hundreds of Indigenous Peoples in attendance. There were 29 written submissions, as well, received from Indigenous partners. The First Nations Leadership Council, as I said earlier, carried out a complementary engagement approach. They engaged with 11 First Nation organizations and received eight written submissions.
Since then, we have committed to getting out, within the next few weeks, the consultative draft on the action plan, a wrap-up of all of that work of things which the ministries — and I hope First Nation leadership and Indigenous leadership — will confirm is a very viable, attainable, practical, doable plan for five years of what we hope to be able to achieve together. That consultative draft will come out in a matter of weeks.
Then, of course, summer gets in the way. I hope, despite the website and all of the other ways we’re going to try to reach Indigenous Nations, that by the fall, we’ll be able to get a finalized action plan completed.
The Chair: Thank you, Minister and Members. We will now take a brief recess while we undertake cleaning and safety protocols in preparation for the next committee Chair.
The committee recessed from 4 p.m. to 4:03 p.m.
[M. Dykeman in the chair.]
A. Olsen: Thank you to the minister for the outline of the process to date and as well, I think, the minister’s hope for getting the information back by this fall.
I’m just wondering if there’s any specific direction that’s going to be given with respect…. Well, let me put it this way. Is it clear how the feedback that you’re going to receive from Indigenous leaderships across the province is going to be informing…? If this is a draft, how is the information that comes back from Indigenous leaderships going to shape and mould, further to what the consultation and engagement process has already been involved in, in terms of developing the document that you’re going to be sending out?
Hon. M. Rankin: Thanks to the member for Saanich North and the Islands for that question. I would start by reminding him that we have had enormous involvement from Indigenous Peoples to this point in time so that when the consultation draft hits the street and when it goes live on a website, we hope that it will be well-received, because it will be the product of enormous input from Indigenous Peoples.
Exactly how it then proceeds is a function of the information we receive. Obviously, if there are serious deficiencies or difficulties that are identified, we will act accordingly. I’m hard-pressed to predict just how that will occur, not knowing the nature of the input that will be received.
A. Olsen: Thank you. Totally fair. I think what I’m trying to get at here with this question is simply….
As the member noted, my Chief, Chief Thom, is a member of the executive of one of the Indigenous leadership groups in our province. As someone who grew up on a reserve and in an Indigenous community, I’m very well aware of much of the sentiment around consultation and then how that consultation informs the end product.
So I’m very wary, when you send out a draft seeking more consultation, that actually, even though the original document was informed, you’re going to be sending out to a very large list of people and seeking their feedback. So there’s going to be some expectation — and rightly so, I think — that there’s receptivity to actually changing the document, depending on what it is.
I guess I’m just trying to highlight and to get from the minister the sense of receptivity to making the amendments. I recognize that there’s no way for the minister to presume what’s going to be in that feedback — just, rather, the approach, more than anything.
Hon. M. Rankin: I understand, having listened and engaged with many First Nations over my career, the wariness that the member refers to about consultation. I totally understand that and the frustration often that that…. People roll their eyes when they hear that word. The member is right in flagging that.
There’s something quite different about the declaration act. Section 4 refers to not just consultation but magic words. It says this: “The action plan must be prepared and implemented in consultation and cooperation with the Indigenous Peoples in British Columbia.”
Now, I stress that, because we’ve tried mightily to put meaning to the word “cooperation.” We have not rested on simply “consultation.” The member has talked about being wary about that word, and I get that. We have tried, really, to make this a cooperative effort. This is the first action plan that will ever have been created under a declaration act anywhere. It’s certainly the first in Canada, because we have the first and only act in Canada.
What’s important is…. We are not going to please everyone. I can’t imagine a political enterprise that ever does. But in that cooperation and in that consultation role, I think we’ve really managed to find practical, viable, doable things that will make a difference to the lives of Indigenous Peoples here.
That, after all, is what is motivating us — to make real change, to make positive change in real people’s lives. That is why we are doing this. That is why we have been able to engage that wide array of Indigenous leaders and rights and title–holding nations. We all want to get this right. It’s too important not to.
A. Olsen: I really appreciate that response. I thank the minister for it and for the openness that he’s demonstrating with this.
Of course, as he points out, this is the first declaration act of its kind in Canada. That also sets the expectations very high. In the tone and the response of the minister, I certainly sense that he understands the gravity of that. The expectations were set so high with the passing of the declaration. We really celebrated the passing of Bill 41 into legislation. From that perspective, there are a lot of people that are looking at this and looking at this process. Therefore, it’s precisely the reason why I’m asking this line of questioning. Without having seen the draft action plan, of course, it’s very difficult to speak to the specific aspects of it.
Further to the consultation and engagement, the member for Peace River North asked some questions — it wasn’t in the context that I’m going to ask them — around elected and hereditary leadership. We’re talking about the leadership of nations as well as the representative membership groups that form the leadership council.
I’m wondering — again, it’s another tricky area, created by the Indian Act, which we all either live under or have to work under — about the minister’s perspective navigating the areas around hereditary and elected leadership in Indigenous Nations. What kind of infrastructure, potentially, is he going to put in place in order to be able to engage that in a healthy and productive way, considering that for so long, it has not been healthy and it has not been productive — the engagement between Crown governments and Indigenous governments in this area?
Hon. M. Rankin: I thank the member for a very thoughtful question. I would be remiss if I didn’t say…. Because he referenced the historic achievement of the UN Declaration on the Rights of Indigenous Peoples Act in 2019, I would be remiss if I did not acknowledge his leadership and his very important role in creating that historic legislation and making it a reality. So I salute that.
I want to say that, really, in the issue of the relationship between hereditary and elected leadership in British Columbia, I start with the declaration act. There, “Indigenous governing bodies” is a term to be defined by Indigenous Peoples. It is not for public governments, in a paternalistic way, to define how they wish to present themselves to public governments, to the federal or provincial governments. That, I say, is at the heart of self-determination. That is at the heart of the UN declaration on the rights of Indigenous Peoples.
That is why we have worked so hard to consult and cooperate with Indigenous leadership in order to get it right. The days of the old Indian Act, as the member rightly points out, where dictation was made and rights were trampled on — that is not what reconciliation can be about and is about. I think it’s in the spirit of reconciliation, in the best sense of that word, that we are pouring meaning into the declaration act.
On the specifics of whether it’s hereditary leadership or elected leadership, that depends on what the nation wishes. I can advise, and I’m sure the member is well aware, that in some circumstances, we work closely with an elected band and council. In other circumstances, we work with a hereditary leadership. And in many other circumstances, we work with a combination, a hybrid, of those two that works very well for particular nations.
That is for the nations to decide for themselves. What the Indigenous governing body is to be is entirely in their hands, and I say, with respect: that is entirely how it should be.
A. Olsen: I couldn’t agree more. It’s a beautiful answer, and I really appreciate it. I think there are two aspects of this. I’m going to venture down one, and then I’m going to venture down the other. The first is around the fact that the colonial governments, the Crown governments, established the elected leadership through the Indian Act. That largely disrupted the Indigenous laws and Indigenous governance that had thrived in the territories that we acknowledge every day in this Legislature. What that’s done is that it has created confusion on the ground in First Nations and Indigenous communities, but it has created confusion in the broader public as well.
In terms of the budget estimates discussion, in the first of two questions that I have, has the minister considered putting in place a funding mechanism that can invest, that can be available to Indigenous Nations to be able to financially support that really important governance work within the nations? What mechanisms are in place now for self-determination?
This requires work. It requires people to be dedicated and focused on this work. I see this happening in W̱SÁNEĆ right now, and it’s beautiful what’s happening. However, it’s expensive. I think that part of this discussion needs to be around: from a Crown government, how do we financially support that work that, frankly, Crown governments disrupted, historically?
Hon. M. Rankin: Again, I appreciate the question very much. The member asks about funding mechanisms in respect of these important governance relationships. In 2018, a document which is called Concrete Actions: Transforming Laws, Policies, Processes and Structures was the product of work with the province, the Assembly of First Nations, the First Nations Summit and the Union of B.C. Indian Chiefs. Several actions are listed, and the outcomes expected from that.
Action No. 2 — the first was to implement UNDRIP; we can put a check mark beside that, although the implementation part continues — is to the member’s question. It talks of Indigenous Nations and governance-building.
The first goal is: “Establish an Indigenous commission designed, established and driven by First Nations, to provide certain supports to First Nations,” consistent with “rights of self-government and self-determination.” It goes on to suggest that the commission would support First Nations, upon request, with respect to boundary resolution, nation- and governance-building, constitution development, policy development and the like. So there was a recognition back then, not that long ago, of that important work that the member refers to in the so-called Concrete Actions document. We’re committed to that.
Now, on the funding front, we are doing that on a one-by-one basis, you could argue, Madam Chair. For example, in the Wet’suwet’en, $7.22 million were expended just before the last fiscal year-end in March, to fund the Wet’suwet’en, in this example, to do that kind of governance work, that kind of capacity-building, constitution-building work, that will be essential as we basically try to put colonialism in our past.
There’s an acknowledgment that that work needs to be done. We accept that that work needs to be done, and we’re doing it in that one example by funding the work so that the nations themselves can determine what their best path forward is. Other nations will, of course, choose a different path.
A. Olsen: Thank you for that. I think the minister’s response provides the gravity of the situation that we face and, as well, the scope and the scale of the work that’s yet to be done. I know that in Indigenous Nations across the province there are a lot of eager people that are ready and willing to do that.
Again, I think it’s important to acknowledge that none of this work is going to be done, necessarily, or should be done through volunteerism, although a lot of it has been done through volunteerism. I think it’s important that we have people that are dedicated to that. So I would just encourage the government to look at ways that they can expand the scope of the one example that the minister provided. I’m only saying “one example” because he only provided one example. I’m not suggesting that there aren’t others. I know that there are.
The second question I wanted to ask in this area has to do with the province of British Columbia and the non-Indigenous population. I think one of the most tragic things, for me, is seeing the depth of confusion and, frankly, some of the really toxic narrative out there around Indigenous governance, elected governance, hereditary governance within Indigenous Nations, historic and ancient laws, ancient Indigenous laws. It really comes from a lack of education, a lack of understanding and an overall ignorance, from myself and from many British Columbians, around Indigenous governance, laws and cultural practices.
I’m wondering if the minister has engaged his ministry on how it is that the province can, I think, do better in educating British Columbians about the extremely complex landscape that existed here pre-colonization and assist with Indigenous Peoples who are, as we highlighted in the first question, still trying to reorganize after significant disruption by Crown governments over the last 150 years.
We need the space to be able to do this important work. Frankly, it’s not there. We see it in Fairy Creek. We saw it with the Wet’suwet’en. We see it in every one of these disputes that gets to a boil in the province — really unfortunate and toxic narratives around it.
I’m just wondering if the minister has turned his mind to how it is that we, as a provincial government, can better inform the people of British Columbia about what this means and the important work that’s underway due to the good work that we’ve done to this date.
Hon. M. Rankin: Very thoughtful question again. First of all, although I acknowledge entirely that the work has to be done with non-Indigenous populations at the provincial level, I would be remiss if I didn’t point out, of course, that the primary responsibility, constitutionally, for this engagement is the federal government. I think they have recently been stepping up to do the right thing.
When I was growing up, I did not know about the legacy of residential schools. It took…. The population, I think, was largely unaware. When the Truth and Reconciliation Commission report came out with its calls to action, I think it was a wake-up call for lots of Canadians who just simply were blissfully ignorant about our history. We are coming to terms with that.
I had the opportunity yesterday to be at a conference with one of my heroes, Justice Murray Sinclair, who was a senator and was speaking, like me, to the Senate, the Independent Senators Group, to talk about the federal bill on the declaration act. He led that work. That was groundbreaking work, and I think it was educational for the Canadian population to know about the complexity that the member referred to. The non-Indigenous population did not know very much, and I was one of them. But I think we all are learning more.
I’m very proud that our government is working to make sure that our children aren’t as ignorant as I was when I grew up and knew nothing about this history. For example, in the K-to-12 curriculum, there has been a transformation. All subjects and grades in the B.C. school curriculum now include Indigenous perspectives, and several Indigenous-focused courses were introduced as part of the new graduation program. K-to-12 educators gain a non-instructional day to focus on Indigenous perspectives so they can be able to communicate that history.
I think it would be fair to say that it’s impossible to graduate from high school without knowing something about the Indigenous culture and history in our province. That’s how it should be. It’s taken a long time.
Also, the commitment our government has made to revitalizing Indigenous languages — $50 million provided in 2018 to do that. Having a First Peoples Cultural Council, a Crown corporation accountable to me as Minister of Indigenous Relations and Reconciliation — that’s doing that hard work to make sure we don’t lose the language, which is so important to culture.
Specifically, to the member’s question, I think one instance of that, one important aspect of that, is that we now have the ability to graduate from a law school in our province, the first in Canada, with a degree in both common law and Indigenous law. That is, of course, what our government, with the federal government, put at the University of Victoria in their Indigenous law program. So you will be able to understand the two traditions that the member alluded to.
These are just some of the things, and the opportunity that the declaration act — I want to end on this point — provides for us to do that generation-changing work is an opportunity we should not miss.
A. Olsen: I’m often reminded of the fact that we are where we are today after 170 — roughly, let’s say — years that have passed. We often want change to happen. You know, I think there was a lot of expectation that the day after the DRIPA passed there was going to be remarkable change.
I think, from a legal perspective, there was a pretty remarkable change, but it was not visible to the people. I’m often reminded, and I think the minister has captured that well in his response, that we have a long journey ahead of us, just like it has been a long journey to get to where we are today. So I certainly appreciate that, and I recognize that it’s not going to be possible to get in front of everybody to inform them of things that they don’t necessarily know or understand or that are still actually being defined by Indigenous People and that we have a right to define and take as long as we darned well want to, to define it. So I appreciate the response to those questions.
Just a couple more questions with respect to the Declaration Act. Section 3 of the Declaration Act talks about legislative alignment. We ran into this already in this first spring session of this new government with respect to the Firearm Act, just in terms of the potential impact that that act had on Indigenous hunters, as one example, and some of the specific language in that act.
It became pretty clear that the specific rights and title holders who had been in the courts in B.C. and been all the way to the Supreme Court of Canada hadn’t necessarily had their consultation on that act. I’m just wondering if the minister can talk a little bit about section 3 of the DRIPA with respect to the legislative alignment and the expectation that he has, with respect.
I recognize that this is part of the action plan, but I think the new laws coming forward are the ones that are going to be the most pertinent. There’s new legislation being proposed every day in these sessions — and then the plan to review older legislation that’s already on the books.
Hon. M. Rankin: The member has put his finger on a very key aspect of the Declaration Act that we should have spent longer today speaking of, which is the alignment of laws contemplated in section 3.
I guess that there are two categories. There are new laws, and the member referred to a new law — a bill — that was before our Legislature recently. Then there are all of those laws and regulations that are on the books, thousands of them. How we are committed to aligning those laws over time to make sure that we are consistent with the values of the UNDRIP…. That’s a tall order.
I’m hoping…. I extend my hand to the member and ask his assistance as we go about that work. There was a change that he was responsible for ensuring took place as we debated one bill on firearms in the Legislature, because he quite properly pointed out the Saanich treaty, a Douglas treaty, and its implications. That law could have an implication for those kinds of treaty rights. Of course, the law was amended accordingly.
But we have lots of work to do. There’s lots of work to do. How do we deal with that body of laws on our statute books and in our regulations to ensure that they are consistent?
Some people may remember the challenge we had when the Constitution of Canada was changed to provide equality rights in 1982. How do you change all of the laws that might be discriminatory from a gender perspective? In the case of British Columbia, the Attorney General of the time, Mr. Brian Smith, used the Law Reform Commission to undertake that work. In other parts of the country it was done through the Ministry of Justice, the Ministry of the Attorney General, or elsewhere.
How do we do it here? And how do we do it when we do it in consultation and cooperation with Indigenous peoples? It’s not simply a pure legal exercise. How do we prioritize all those laws that are on the books, all of those regulations? What’s more important? Well, we work in partnership. We start with the ones that we are advised are the most important.
Sometimes people tell me things like forestry legislation, child and family legislation, heritage conservation legislation. But it’s not for me to do that. It’s to be done in cooperation with Indigenous governing bodies and institutions of this sort.
That is the existing statute law that has to be reformed. Then again, we have to make sure that when laws are coming forward for debate in the form of bills, there’s an opportunity for us to engage with the Indigenous leadership so that the bills that are coming forward that could conceivably have an impact on their interests are addressed. That is what we’re trying to do.
I hope that the secretariat that’s being contemplated — and will be, hopefully, in place soon — will be the forum for much of that work to be done. It’s not easy, but it’s important. It’s never been done before. We’re committed to doing it and to doing it right.
The Chair: Just for clarification, Members, discussing legislation or the need for legislation is not in the purview of the Committee of Supply.
Member.
A. Olsen: Thank you for that note. I’m wondering if maybe my next question is…. I look to the Clerk and to the Chair for direction on this. Happy for to you shut me down if that’s the case.
I just wanted to ask the minister if there’s been any discussion with the Attorney General with respect to litigation directives. I note that the former federal Justice Minister, Jody Wilson-Raybould, a few years back, gave a directive.
I’m just wondering, just in the context of the alignment and the commitments that were made — I’ll speak very generally about that — in the declaration act, if perhaps the minister has engaged with the Attorney General to discuss the potential for a similar litigation directive here in British Columbia as a part of an alignment with respect to kind of bringing ourselves into the 21st century and making sure that the type of litigation that’s happening in this province is in alignment with the commitments that we’ve made to Indigenous People through the DRIPA.
The Chair: Yes, Member, that question is in order.
Hon. M. Rankin: Again, I thank the member for the question. Trying to think of the best way to proceed.
I have spoken at length with the former federal Attorney General, Jody Wilson-Raybould, MP, about the directive that the member refers to at the federal level. I think it would be fair to report that the First Nations Leadership Council has engaged with me on seeking something similar to a litigation directive in our province.
I would remind the member, however, that that decision as to whether that should be forthcoming is the responsibility of the Attorney General, and he will no doubt make a decision in due course.
A. Olsen: Thank you. I sense that over the next little while, there are going to be a few responses from the minister that remind me that I should be talking to other ministers about them.
I think it’s important, in terms of the secretariat…. This is a good way for me to, I think, segue to questions about the secretariat specifically. One of the challenges…. We learned about this challenge, since 2017-2018, when we were talking about salmon, for example, where there are seven, six, five ministries that all have some kind of regulatory or legislative or agency over something to do with salmon.
I think that when we’re taking a look at the declaration act…. We proposed a secretariat for salmon, and now there’s a secretariat for aligning the ministries around the commitments that are made in the declaration act, recognizing, of course, that having no centralizing body makes it very, very difficult and makes it very difficult to have these kinds of conversations.
I know that the minister and I have had a conversation in the past about the secretariat, and he mentioned, earlier in budget estimates, in discussions with the member for Peace River North, that the secretariat is coming and should be announced by the end of this year. I’m just wondering, perhaps, if the minister can maybe shed some light for me and for British Columbians on where that….
I mean, I’ve got some ideas of where it should be located. I really have a strong opinion. I think that this ministry, Indigenous Relations and Reconciliation, is a really critical and important ministry in terms of bringing all of this together and ensuring a cross-government approach. I’m just wondering if that is the perspective that the minister shares in bringing this forward or if there have been some decisions that have been made around how this ministry, Indigenous Relations and Reconciliation, is going to play a role in that.
Hon. M. Rankin: I first want to acknowledge that the member is absolutely right. There is a challenge to coordinate amongst the various ministries. He used salmon as, I think, an excellent example. That’s why, in his wisdom, the Premier thought a secretariat made sense, rather than leaving specific responsibilities for that coordination, as he called it, in the hands of one minister.
The secretariat is designed to help government coordinate reconciliation efforts to make sure that new laws and policies are consistent with the UN declaration. That’s what it’s about, because there are a lot of ministries doing a lot of different things. The idea of the secretariat to coordinate, I think is an excellent one.
As the minister responsible for Indigenous Relations and Reconciliation, however, I want the member to know that I am proud to work very closely with my colleagues, both in social ministries and in resource areas, and have a good relationship. That kind of responsibility to collaborate at the ministerial level is built into executive government.
The member said he had a strong opinion as to where the secretariat should fit in the B.C. government. I welcome the opportunity to talk with the member about his ideas. That is exactly what has been the subject of a lot of conversations with the First Nations Leadership Council, which has provided a very thoughtful submission in writing on this topic, as well as my conversations with some of the leading experts on public administration in Canada. I’ve had a very exhilarating set of conversations with leading experts in this field.
We want to get it right. On the one hand, we want to make sure that it’s serious and senior enough that First Nations and other Indigenous organizations recognize that it’s being taken seriously by government. We also want to make sure that it’s not window dressing, that it truly has that responsibility and gets to the meat of the matter. Exactly where that should fit in the system is, indeed, a live issue, and I would welcome the member’s views on how we can get that right.
A. Olsen: I think the minister is absolutely grappling with the exact things that need to be grappled with in this. He’s absolutely right in terms of making sure that it has the authority.
I think it goes back to a question that I asked of the minister a number of months back, or a number of weeks back, with respect to forestry, and the role that the minister sees…. How the minister sees the role of the Minister of Indigenous Relations, whether he’s in the seat or somebody else. I really see that there needs to be a strong advocate on behalf of Indigenous People within government, one that has authority and one that isn’t necessarily the Premier. I think the Premier has another role as well.
We can have further conversations from that. I have not actually had a conversation with the First Nations Leadership Council about their perspective either. Perhaps we can leave that for another day, although I really would like to maybe explore a little bit further with the minister whether or not he sees his role as one of being supportive of what his colleagues and the other ministers are doing…. Whether he sees the role of the minister as supportive or as one that has more authority, now that the Declaration on the Rights of Indigenous Peoples Act has been passed, to ensure that the other ministers and the other ministries comply with the commitments that have been made.
I personally believe that the quickest way to erode the confidence in the declaration is if the government is not following through on the commitments that have been made. I’m just interested to hear what the minister’s perspectives are on that.
Hon. M. Rankin: I think the member’s right, The declaration act is really significant legislation. We all know that. Again, I acknowledge the member’s participation in making it as strong a law as it is. It’s only going to work — this agenda, this commitment, this generational commitment to reconciliation — if we all work together.
I take it as my core responsibility, to answer the member’s question, that I engage with my colleagues to make sure that reconciliation is top of mind. But I really don’t need to do that, although I will. The reason for that is that every single minister’s mandate letter speaks to that very commitment right up front: CleanBC, dealing with COVID, reconciliation. You can read them all, and they all say that because it’s a government commitment.
I am the minister responsible for Indigenous relations and reconciliation, so I suppose I have a particular commitment to that. But all my colleagues do, and I can report to the member confidently that that is taken extremely seriously around the cabinet table and in conversations with my colleagues. I think the proof will be in the actions that this government takes during its mandate over the next 3½ years.
A. Olsen: Thank you for that, Minister. I would say that it’s not an easy task that the minister has, being the first minister to have to navigate this. It’s a significant challenge, and I wish the minister very well in navigating it.
I’m going to have to shift gears here a little bit. Earlier in the discussion around the budget there was discussion around funding of agreements. I think there are a couple of different parts to fundamentally changing the relationship between Crown and Indigenous government. One of those is the legislative framework, which we’ve spent the better part of the last 45 minutes navigating and discussing — the legislative side of it, the work that we do in this chamber.
I think that it’s a really important thing to highlight, as the member from Kamloops north was talking about — the funds that are available to the minister to be able to provide agreements. The minister was saying that there’s always the ability to go back to Treasury Board.
I think it’s important to acknowledge at this point that Indigenous nations and Indigenous leaders are looking for the ability to see benefits off of the territories that they’ve inhabited since time immemorial and not have to have that relationship necessarily be going to the provincial government. That doesn’t actually reflect the rights and title that I think the court system has said repeatedly, and in addition, this declaration act that we passed.
I’m wondering if the minister can maybe talk a little bit about the other piece of this, which is the ability for Indigenous nations to self-realize through being able to extract economic benefit from their territories in a way that they see fit. That’s true self-determination. Having to come and ask the minister or to sign an agreement with the provincial government, asking for money and have that minister then have to go and argue and defend those arguments to Treasury Board is not, I think, the full self-determination that we’re talking about.
I’m just interested in the minister’s perspectives on this aspect of providing stable, renewable, reliable revenue streams for Indigenous Nations. I know that this government has done some of that through gaming revenues, and there have been benefits agreements. However, those benefits agreements are tied to specific activities that are, frankly, a reflection of the interest of the provincial government, not necessarily….
I’m not going to say it’s not, because it could very well be, the reflection of the desires of an Indigenous Nation. However, it’s not necessarily that, and those benefits agreements don’t necessarily reflect that. I’m just wondering if the minister has contemplated the other aspect of this, which is the ability to realize economic benefit from the land without having to necessarily be tied to coming to a provincial or a federal government. I’ll leave it at that.
Hon. M. Rankin: It is true that there are a number of transactional agreements that have, over time, engaged nations. He talked of them as benefits of different kinds, benefits agreements in the pipeline context or in the forest context or in the fishing context and the like. But I think his point is an important one: that at the core of self-determination is that nations need money, like any other government, to provide government services to their members.
That is why, in 2018, when the document I referred to earlier, the Concrete Actions document, was worked on and agreed to by the First Nations Summit, the Assembly of First Nations, the Union of B.C. Indian Chiefs and British Columbia, one of the key goals — to the point the member made very directly — was to strengthen the economy and a renewed fiscal relationship.
A key theme that is at the fore here is strengthening Indigenous economies. We talk a lot about a new government-to-government relationship. That requires, however, new approaches and models for coexistence so First Nations can exercise their respective jurisdictions and share their respective revenues generated from resource activities on their lands. This relationship is no different than the one we have with other levels of government.
The commitment is made in the Concrete Actions document to “design and implement new models of fiscal relations, including a systemic fiscal mechanism consistent with” the following kinds of principles. I won’t read them all but, very specifically to the member’s question, recognize “the economic component of Aboriginal title.”
In 2014, the Supreme Court of Canada decided the Tŝilhqot’in case, finding the existence of Aboriginal title on 1,700 square kilometres of a declared title area, and it was important, in the court’s judgment, to say that there is “an inescapable economic component” to Aboriginal title. That’s the language of the court.
This document has the government of British Columbia agreeing with Indigenous leaderships that there is an economic component of Aboriginal title that has to be recognized, and to recognize First Nations as key players and drivers in the economic landscape, and to recognize, as I said earlier, that all governments, including Indigenous governments, require multiple streams of revenues to support their capacity to be strong and effective in serving the needs of their citizens. It goes on to talk about the reciprocal accountabilities and transparency in the governments that must be created in a democracy.
I think the member is absolutely right. We need to reorient our fiscal relationship with First Nations. We committed in 2018 to do just that. It’s a task that will take a lot of time and a lot of patience, but we’re on our way to that new place.
A. Olsen: I’m very encouraged with the minister’s response and the minister’s keen awareness of this. I would say that it’s important to acknowledge that one of the key tools of domination of the Crown over Indigenous People was the making illegal the Indigenous Peoples’ involvement in the economy that they had developed and were very well developed at the time of contact. I can only think of our reef net, our SXOLE, that sacred fishing technology that our people used in the Salish Sea as Straits Salish People, and it being outlawed and not being allowed to use it because it was too efficient.
Shortly after, the power balance changed. After a devastating virus attacked Indigenous People and the power balance changed, the European settlers no longer needed Indigenous People as provisioners. We largely saw the economic involvement of Indigenous People — entrepreneurs, well-developed entrepreneurial activities — be taken away and made illegal.
I think that, just as we have changed statutes and are looking at making the laws align, this is going to be an absolutely critical and key component. If we are serious about this — and I believe that the minister is, and I believe that the government is — we will see this change happen, and it won’t be after all of the resources have been harvested. It will be before that. It won’t be when there’s nothing left there. It will be when….
I think that one of the key narratives, historically, in this province and in this country has been that Indigenous people can’t be trusted with land. That’s what this all comes down to: a relationship between Europeans and Indigenous People and land, who controls land and who controls the ability to generate the revenue and the economic development off of that land.
I really appreciate the minister’s response. I can see from his response that his eyes are wide open to the fact that this is something that’s going to absolutely need to change if we are serious about what our commitments are to reconciliation.
I want to shift gears here, if I may. Sorry for that long-winded response to the minister’s response. I just want to confirm the time that I’m going to here. Are we closing down at about 5:25, to the Clerk? Is that correct?
The Chair: It’s 5:15, Member.
A. Olsen: It’s 5:15. Okay. Thank you very much, Madam Chair.
I would like to shift gears here a little bit to talk about cultural preservation and revitalization. I sent a note to the minister in the House the other day about a project that is going on in my community, but these are projects that are going on around the province in terms of rebuilding houses of governance and houses of culture, I’ll say. In Coast Salish territory — in our territory, W̱SÁNEĆ — they are longhouses, but they take many forms.
I got the opportunity to see the opening of the Heiltsuk longhouse at Bella Bella. What I saw there, and what I witnessed there, was a beautiful demonstration of Indigenous law, Indigenous culture and Indigenous governance. I can’t help but draw the connection to how that new home for that place brought to life what was…. How that came alive in front of our eyes.
I’m just wondering if the minister, in terms of cultural preservation and revitalization…. He’s talked about languages [audio interrupted] the government has considered making investments in the buildings, in the physical infrastructure of governance. The ancestral governance, the ancient governance that happened, happened in these houses.
I can’t help but draw the connection — as we are talking about Indigenous self-determination, as we’re talking about Indigenous governance and the ability of Indigenous People or the encouragement of Indigenous People to sort out, sort through the complexities of the world that we have now in 2021 — if this wouldn’t be assisted with a substantial investment like the province made in Indigenous languages, in those houses of governance and culture?
Hon. M. Rankin: An excellent question. I, too, have been moved by the longhouses in which I’ve had the opportunity to participate in cultural events. I know what he’s talking about to be part…. For example, he mentioned Heiltsuk and the Bella Bella example of that new longhouse. I’ve had the opportunity to be in feast halls with Wet’suwet’en and observe how their governance system has worked, and it’s very moving. If a non-Indigenous person has not been part of that in the past, it’s extraordinary.
We wish to preserve that culture, just as we wish to preserve languages. It’s sad to many of us that so many of these languages are spoken by such a small number of Elders, yet there’s wonderful work going on.
The museum, last year, did a terrific job with the language issue. I’m very proud to have a Crown corporation consisting — I think the only one — solely of Indigenous people, called the First Peoples Cultural Council. So $50 million, as the member pointed out, was provided in Budget 2018 — multi-year funding — to ramp up work in First Nations, not just in language, but in culture. I point out that the First Peoples Cultural Council supported 11 Indigenous cultural heritage infrastructure grants, for a total of $3.75 million in funding this year, some of which, I hope, achieves some of the things that the member wishes in the cultural realm.
I had the opportunity to be part of a virtual ceremony just earlier last month, when the Premier — and I think it’s fair to say, without any risk of sounding political — was successful in persuading the federal government to come to the table, and to put a significant amount of money on the table, to deal with the destruction of the residential school at Lower Post, B.C.
I was moved by the ceremony. There were certain members of that community that were afraid and could not face going into that building, downstairs, where some horrible atrocities occurred during the residential school era. To see the plans for the new building, and the cultural renaissance of that community, and to see the joy in the people’s eyes that had witnessed this event, was very, very moving.
I acknowledge that the federal government put the lion’s share of that money, as they should. Much of this, as the member will appreciate, is in Indigenous communities, for which the federal government has primary fiscal responsibility. But it was this Premier and this government, I think fairly put, that persuaded the government of Canada to do the right thing. That would be an example of the kind that the member talked about in Bella Bella, which I will never forget.
A. Olsen: I’m certainly not going to suggest that anything other than what the Premier had done — and what, perhaps, the Minister of Indigenous Relations and other ministers do — in order to advocate on behalf of Indigenous People and the commitments that we as a Crown government have made on behalf of this institution would be anything but exactly what the job is that we would expect of the minister and the ministers and the Premier. Certainly appreciate that work. It’s not political at all. It’s the commitment that we’ve made, and he and the minister should be congratulated for that work. It’s important work that needs to continue.
With respect to the First Nations cultural and language council…. Sorry, I’m completely not getting the name of it right here. The investments that are being made in culture and language and revitalization are critical. Our relatives from the Métis Nation B.C. have raised to me, directly, that they feel very much left out in terms of the investments that were made in languages. As I check the legislation for the First Peoples’ Heritage, Language and Culture Act, the preamble talks about: “…to (a) protect, revitalize, and enhance First Nations heritage, language, culture and arts.”
Of course, we know that the very specific language of First Nations means that our relatives who are Métis or who are Inuit would not be able to access that fund. I’m wondering if the…. Maybe I’m not allowed to ask the question about the specific act, but I’ll ask the question of the minister — if there’s been a consideration as to whether or not there’s a way to be able to also invest in the preservation of a very distinct linguistic group and language of the Métis people.
The Chair: Member, you’d be correct. The place to ask about specific legislation would be in the House.
A. Olsen: Okay, thank you. I’ll reframe my question, then.
With respect to Métis languages that the minister has raised several times throughout the discussions today around the investments that were made, rightly so, in 2018, of Indigenous languages…. Unfortunately, the Métis language has been excluded from being able to access those benefits, and I’m wondering if the minister has considered removing those obstacles.
Hon. M. Rankin: I share the member’s enthusiasm with the work of the FPCC, the First Peoples Cultural Council, and the $50 million that they’re working with to do this incredibly important but very difficult job revitalizing languages.
I found it surprising that there were 35 different Indigenous languages in British Columbia. I didn’t know that. I think we have over half of them in Canada here in this province, and some of them are very distinct. Some of the Cree languages, for example…. Cree can understand each other, whether they’re from Saskatchewan or northern Quebec. But in our case, some of the language groups, like the Ktunaxa and the Tla-o-qui-aht, are very, very distinct and small, and it takes a lot of work to make sure that those languages are preserved. The work is undergoing now, and I’m very proud of the council for that work.
As for the Métis language the member refers to, he, I think, is correct in pointing out that the statutory mandate is to deal with First Nation languages. Given that we have 204 First Nations and 35 languages, that is work that I would urge them to continue to do. But I can say that I have spoken specifically about this issue with the federal Minister of Heritage, Monsieur Guilbeault, about the Métis languages, about how they can work together. The federal government has new, as the member will know, Indigenous languages legislation and funding as well. I’m hoping that British Columbia can achieve some of that. That may be the route, short of statutory amendment here, to do that work.
I think we have our hands full, in short, with preserving the languages for First Nations in our province. I acknowledge the important work of preserving Métis language. I think the federal government is in a better position to do that than are we.
A. Olsen: I, of course, recognize the linguistic diversity of this province is vast and recognize the challenge that we have. I think it could be probably argued that $50 million isn’t going to be nearly enough to preserve those languages. I know that in my own territory of W̱SÁNEĆ, our language SENĆOŦEN is really coming alive through our school. It is, in large part, due to the fact that there have been investments that have been made for people to be able to take the time to do the important work of preserving that language. It’s actually not even an act of preservation. It’s a more active role than that. It’s one in which, like I was talking about earlier, we need to be able to have people who are just thinking about the language and not thinking about anything else.
This isn’t going to be preserved or enhanced through volunteerism. It’s only going to be preserved and enhanced through people actively working on this situation daily. As the minister’s ministry refers to Indigenous People — and Indigenous People in this country are inclusive of First Nations, Métis and Inuit — I would suggest that we also have a role. But I recognize that that role, at this stage, may be to advocate on behalf of the Métis People and Inuit People in this province, with the federal government.
I’ll be encouraged to continue engaging with the minister with respect to how we as a province can, perhaps, maybe do more than that as well as maybe not undermine the work that’s being done, as well, with First Nations People in the province.
I’m going to switch gears one more time. I see we’ve got about ten minutes left. This is going to probably get into some areas that I wouldn’t say are less comfortable, but it’s going to be more difficult.
I think, just in terms of when we see the kinds of roadblocks that happen, the tension around land and around resource development that we see on Vancouver Island…. We saw it in the Wet’suwet’en territory. I’m wondering how the minister…. Often times it gets put to the Minister of Forests, or it gets put to the Minister of Energy and Mines, or it gets put to the minister that’s responsible for Lands and Natural Resources. It gets moved from being a relational issue or a relational situation with Indigenous People to a resource situation.
I’m just wondering: what is the minister’s role? When we see the video that we saw last week, a very sad and disappointing confrontation between resource workers and Indigenous People, what is the minister’s role in intervening in that situation? Or does the minister play a role in intervening in that situation?
Hon. M. Rankin: Thank you to the member for the question. It’s a timely one.
I can say that I was disappointed and disgusted by the verbal abuse and the racist language that I also saw on the video to which the member refers. There’s no place in B.C. for racism — period. Our government is committed to addressing racism at its core.
In the context that the member refers to, the RCMP are involved. I understand that the harvesting may have paused in the area, pending the outcome of an independent investigation.
The member asks what I, as minister, do in circumstances of that kind. I know that in the context of the Fairy Creek example — I think he was alluding to that — the Pacheedaht are in the final stages of a treaty negotiation. I’m hoping that we can achieve that and, through that, avoid some of the polarization with respect to forestry activities in their territory.
We are strongly in support, and the treaty will confirm our support, of Pacheedaht’s desire to have a greater degree of management and stewardship of their territory. After all, that’s what treaty is about, and that is what I think government and government-to-government engagement is about as well.
We’re going to continue to work with the Pacheedaht, engage with them as they develop their integrated resource stewardship plan for the area. That’s something our ministry can contribute to, along with our colleagues in the ministry responsible for forestry.
These conflicts are to be avoided and are sad for all of us when they occur. The incident, particularly, that the member referred to is a very disturbing one to me.
A. Olsen: I’m trying to do my best, Minister, as we get to maybe my last question or my last couple of questions, to not actually reference specific situations, because I recognize that I don’t speak on behalf of and I don’t have authority to speak on behalf of those specific Indigenous Nations or their leaders.
I’m hoping to actually use these situations to talk about the overall approach of this provincial government, rather than any of the specific ones, because I recognize that the minister is involved in these conversations, as are the leaders. But I appreciate the response with respect to that specific situation.
There are a couple of other instances of this that I think I can probably package up. It’s more about, actually, the minister’s relationship to the cabinet colleagues, to the cabinet, as well, and I think this gets to the heart of a number of questions that I’ve asked today.
When I think of the report on racism in the health care system and the specific situations around, say, for example, whistleblower legislation and the ability and the protection for people within health care to be able to provide that information….
When I think about litigation that’s going on in the provincial government — that’s the Ministry of Health — and the provincial government litigation, the decisions to maybe appeal a court decision at a B.C. Court of Appeal — a B.C. Supreme Court decision…. The decision of another minister in another ministry to appeal that decision when it would further erode and undermine the confidence and the trust — sorry, I should say potentially could further erode and undermine the confidence — that Indigenous people have in the commitments that this government has made around reconciliation….
Another example of this is the woman from Cowichan. Maybe not Cowichan, but Hulq’umi’num’, anyway — one of our relatives here in Coast Salish or Hulq’umi’num’-speaking territories. They tried to name their company in an Indigenous language, yet B.C. registry services….
I’m just wondering. When these situations come up, does the minister get involved in saying that the overall action of this government is to move towards reconciliation and that we need to be able to make changes to accommodate for these kinds of things and become a fierce advocate for those changes within other ministries? I recognize that soon, maybe, a secretariat will be responsible for this. But I’m just wondering, as we wrap up here, if the minister can provide, in one final question, the role that the minister plays in this with the cabinet overall.
Hon. M. Rankin: Although I do have some concluding remarks, they will be brief. The member has signalled this will be his last question, and it’s a very good one on which to end.
I want to start by reiterating what I’ve said on several occasions, because I think it’s important. Yes, I am the minister, and I’m proud to be responsible for efforts of the government at one level for reconciliation. But all ministries, all ministers, have this as their central mandate: CleanBC — our commitment to address the existential threat of climate change — is on everyone’s mind and everyone’s mandate; reconciliation; and getting us through the pandemic. Then we have our specific issues. But I guess I start by saying that, because I don’t want the member to portray this one ministry as solely responsible.
So to his example, FLNRO, Ministry of Forests, is equally responsible. In the context of the old growth report, the Merkel-Gorley report that the member is well aware of, the first recommendation is that we “Engage the full involvement of Indigenous leaders and organizations to review the report and any subsequent policy or strategy development and implementation.”
Indigenous engagement will take time, and not every First Nation, as the member would certainly agree, has the same perspective on any issue. Nor should they. I guess I start by saying…. My first point is that all members of the cabinet are engaged.
At the political level, sitting around the executive council table, I believe I do as good a job as I can in addressing my mandate as the member particularly responsible for Indigenous relations and reconciliation. But I am responsible, as all members are, for the well-being of all British Columbian residents. As part of the executive council, we all share that responsibility.
I get involved, therefore, advocating at the political level, ensuring that that aspect of my mandate is at the fore. But I want to stress that I also have a very talented ministry, consisting of a lot of dedicated public servants who I’ve had the opportunity, over the last few months, to get to know and, in some cases, get to re-engage with after many, many years.
What’s really exciting is that they’re all over the province. They deal with different nations, with different interests. So at the staff level, I want the member to appreciate that they are engaged with their counterparts in various ministries, be they social ministries or resource ministries. They get involved and try to do the same thing at the local level, a nation-to-nation level, as I try to do around the cabinet table.
The member will understand that if we are to do this right, if reconciliation is to really be something that we achieve, it’s going to take all hands on deck. Our government, through our Premier, has made it clear that that is everyone’s responsibility. Perhaps mine is particularly acute, but everyone has that responsibility. I do that as a member of executive council, but equally important, my team, my staff, the people in the ministry are doing that day in, day out, on the ground, across this beautiful province.
The Chair: Noting the hour, I ask the minister if they would like to make any closing remarks before I call the vote. Very briefly.
Hon. M. Rankin: I would like to make a very brief statement, if I may. I realize it is the hour, and I want to begin by thanking my colleague from Kamloops and my colleague from Saanich North and the Islands for their participation and for their very thoughtful questions. I’ve mentioned a couple of times, particularly to my colleague from Saanich North and the Islands — congratulations on his leadership. I look forward to continuing to work with him, as he is an important voice for reconciliation in this province as well.
I want to say that the Premier has often put it this way: reconciliation is hard work, and there’s a great deal of work ahead. Staff in the ministry and my office are ready to roll up their sleeves and get to it. And I’m very grateful, as I said just a moment ago, for their dedicated service. I want to also acknowledge that our ministry and public service as a whole do their work in collaboration with Indigenous Peoples who live in this province, on the ground: our treaty partners, First Nations, Métis, people with treaty 8 rights, people with Douglas treaty rights.
We are dealing with people within their unique traditions and cultures and history in the different parts of our province. It’s exciting work; it’s important work. And we do this work with more than 200 First Nations who have been stewards of this land since time immemorial. We’re grateful for the many important relationships, partnerships and collaborations that are so essential as we work together, all of us, to do this generational work called reconciliation.
With that, I say thank you, Madam Chair.
Vote 33: ministry operations, $50,740,000 — approved.
Vote 34: treaty and other agreements funding, $117,063,000 — approved.
Hon. M. Rankin: I move that the committee rise and report resolutions and completion and ask leave to sit again.
Motion approved.
The committee rose at 5:19 p.m.