Second Session, 42nd Parliament (2021)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, May 31, 2021
Afternoon Sitting
Issue No. 79
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Office of the Ombudsperson, special report, A Cautious Way Forward:
Fairness Principles for Public Service Providers | |
Report pursuant to the COVID-19 Related Measures Act regarding Ministerial
Order M212/2020, Minister of | |
Report pursuant to the COVID-19 Related Measures Act regarding Order-in-Council 310/2021, Attorney General | |
B.C. Assessment, annual service plan report, 2020 | |
Orders of the Day | |
Proceedings in the Douglas Fir Room | |
Proceedings in the Birch Room | |
MONDAY, MAY 31, 2021
The House met at 1:35 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
H. Sandhu: Today is my brother Lakhwinder Singh Boparai’s birthday, and it was also my husband, Baljit Singh Sandhu’s, birthday yesterday. My husband and my brother have been so supportive and encouraging to me throughout various journeys in my life.
May I please ask all the members of this House to join me to wish happy birthday to my brother Lahkwinder and my husband, Baljit.
Happy birthday, Baljit and Veer Ji. ਜਨਮਦਿਨ ਮੁਬਾਰਕ.
Hon. M. Rankin: I’m very pleased today to rise and introduce a constituent of mine, a grade 8 student at St. Michaels University School, Mr. Haven Miller, who is with us.
He has taken the morning to cross-examine me on issues of Indigenous relations and reconciliation, and he’s extremely knowledgable about that. He’s a debater. He’s been in various debating enterprises around British Columbia, and I’m very proud to have him as a constituent and for being with us today.
Please join me in welcoming him.
Statements
(Standing Order 25B)
ACTION ON SYSTEMIC RACISM
AGAINST INDIGENOUS
PERSONS
J. Rice: For years, the overwhelming narrative of Canadian education taught us generations of non-Indigenous Canadians that Canada was forged by the hard work of white people and the false narrative that Indigenous people were savage and conquered. An Indigenous friend from Kamloops tells me it’s a near insurmountable task to overcome the lessons that generations of systemic racism taught everyday Canadians, but Indigenous People do it every day. Indigenous People are expected to make up for 100 years of a system that relegated and legislated native people to the margins of history and society.
Then last Thursday, the bodies of over 200 children were discovered in Kamloops in an unmarked mass grave. Suddenly, people across Canada cannot turn a blind eye to the horrors of residential schools. For a moment, no one is telling Indigenous People to get over it. Nobody is blaming these children for their own demise.
Canadians are looking in the mirror. But let it not just be the rear view. My friend from Kamloops tells me it’s not enough to say you’re not racist. Indigenous People need non-Indigenous people to be anti-racist. We’re asking you to speak up against racism.
As Mary Ellen Turpel-Lafond so ably said: “Let us mourn these lives tragically lost. Let us name the children to ensure we know who they are and so we can return them to whom they belong. But to honour their lives and countless others, let us act. Let us break the patterns of fighting in courts and legislatures over whether Indigenous Peoples have rights and get on with implementing them in tangible ways. Only by doing this are we showing that, indeed, we are breaking from the past.”
JOHNSON SU-SING CHOW
T. Wat: I rise today to honour Johnson Su-sing Chow, one of Canada’s greatest Chinese painters and calligraphy artists who recently passed away at the age of 101. Chow was the first president of the Vancouver association of Chinese artists, and his paintings and calligraphy have been shown in dozens of museums and cultural institutions around the world.
The profound cultural impact that Su-sing Chow’s work has had on Chinese art, both here in Canada and in China, cannot be understated. The Hong Kong Museum of Art has several of Chow’s pieces in its permanent collection, and his hometown, Suzhou, has even established a museum in his honour.
Chow was born in 1923 in Suzhou, China, and moved to Hong Kong in 1949, settling in Canada in 1980. A graduate of the prestigious Suzhou Academy of Fine Arts, Chow became a master of both traditional Chinese art while also pushing boundaries with his modern, contemporary style, which profoundly embraced his Chinese heritage as well as adopted western influences.
An author of several books as well as a professor, Chow truly lived his life to the fullest. Although he did not arrive until well into his 50s, Chow was quick to call Canada home, and his legacy on our local art cannot be understated, with his influences found in both the pieces he created and the people he taught and influenced over his illustrious career.
A philanthropist at heart, Chow often donated his masterpieces for charity auctions and strongly encouraged education and political participation — a true Renaissance man who inspired all the lives he encountered. We are incredibly saddened to learn of his passing, but his incredible works and legacy will live on for generations to come.
ACCESSIBILITY FOR DISABLED PERSONS
D. Coulter: It’s an honour to be in Victoria this week to celebrate the start of B.C.’s fourth annual AccessAbility Week. This week we also celebrate national Indigenous AccessAbility Week and the incredible work of the British Columbia Aboriginal Network on Disability Society, Canada’s first and only stand-alone organization serving Indigenous Peoples with disabilities.
During this final week in May, we celebrate the abilities of people, recognize the individuals and organizations that continue to go above and beyond to make our province more inclusive and raise awareness about what each of us can do to support the right and opportunity of every person with a disability to live in an accessible and inclusive community.
We know that, every day, the more than 926,000 people living with a disability in our province face barriers to full and equitable participation in their communities, and we know that this pandemic has created new barriers for people with disabilities. As we move forward with our recovery, we have an opportunity to make different choices that will break down barriers, promote fairness and equity and help foster a culture of inclusion in B.C.
One key part of this work is the province’s introduced accessibility legislation. The Accessible British Columbia Act provides us the framework to develop new accessibility standards in a range of areas, including employment, the built environment and the delivery of services. By proactively identifying, removing and preventing barriers to inclusion, this legislation will directly improve the lives of people with disabilities in every corner of our province.
Beyond this legislation, each one of us can also take steps to remove barriers. We can always use people-first language. We can watch shows or read stories featuring people with disabilities, and we can respect the rules when it comes to accessible parking spots, even if it’s just for a quick stop.
The biggest thing that each one of us can do is change our attitudes towards an understanding of disability. This week is an opportunity to promote inclusion and acknowledge the efforts of individuals, workplaces and communities to build a barrier-free B.C.
I invite all members to join me and everyone in British Columbia in recognizing May 30 to June 5 as AccessAbility Week.
SOUTH OKANAGAN
IMMIGRANT AND COMMUNITY SERVICES
AND ANTI-RACISM CAMPAIGN
B. Stewart: It gives me great pleasure to rise in the House to recognize some work of a valuable organization in the Okanagan and their work in fighting racism throughout the Okanagan. The South Okanagan Immigrant and Community Services, SOICS, is an organization dedicated to welcoming immigrants to the Okanagan and supporting them as They become part of the community.
This year SOICS has teamed up with the Okanagan chambers of commerce and the COVID Response Coalition, #OkWeGotThis, to develop an anti-racism campaign to fight the increase in racism and hate crimes we’ve seen as a result of the COVID-19 pandemic. In this moving video entitled What Do You See?, SOICS educates viewers on the racial biases and the impacts of the COVID-19 pandemic on insights of racism towards ethnic minorities in the Okanagan, while also working to break down barriers and promote understanding.
Viewers are introduced to people throughout the Okanagan who share that they are business owners, food producers, employers and front-line workers, but most importantly, they’re also our neighbours, community members, friends, fathers, sisters and sons and daughters. The video speaks to the beauty that is found in diversity, and in B.C., we’re lucky to have such diverse groups of people who enrich our communities and bring their own unique understanding to the world. This is something to be celebrated and protected.
As allies, friends and neighbours, and as leaders, we have a responsibility to raise awareness and build understanding. We must actively combat racism and hate in all its forms and work together to create a more inclusive society where everyone feels safe and welcome and has the freedom to celebrate and embrace their heritage without fear.
I thank SOICS and the Okanagan Chambers COVID Response Coalition for this important video and the work that they are doing to build a more inclusive Okanagan.
JAMES FRANCIS EDWARDS
R. Leonard: This Friday, on June 5, living legend James Francis Edwards, better known as Stocky Edwards, turns 100 years young. When Stocky and his wife, Toni, another noteworthy Canadian, enter the room at 888 Komox Wing, Royal Canadian Air Force Association, the atmosphere immediately changes. There’s a glow of electricity in the air and a buzzing spark of pride and privilege to be in the company of this World War II hero and natural-born leader.
He earned his wings when he was just 20 years old, in 1941, and shot down a Messerschmitt on his first sortie in the African desert. He flew, first, the Kittyhawk and then the Spitfire. He not only survived 373 sorties but is the highest-scoring flying ace of the Western Desert Campaign, with 19 confirmed aerial victories and many other successes in crippling the enemy’s air campaign.
He fought over Italy and first became a squadron leader there. He was in the air over Normandy on D-Day, the day after his 23rd birthday. He returned to Canada to speaking engagements to inspire a nation before returning overseas in 1945, finishing his final mission in Germany a week before their surrender.
He credits his successes to his prairie spunk, sharp eyes and athletic abilities, along with good, clean living, prayerfulness and plain luck, which earned him the Distinguished Flying Cross and bar, the Distinguished Flying Medal and the Canadian Forces Decoration.
After the war, he continued to lead and flew Vampires and Sabres and CF-100s, one of the only World War II pilots to go on to fly jets. He’s been inducted into Canada’s Aviation Hall of Fame, received the Order of Canada and was knighted with the French National Order of the Legion of Honour. He continues to inspire and to make this world a better place.
Happy 100th birthday to a Canadian icon, Stocky Edwards.
EARTH NINJAS
LITTER CLEANUP
VOLUNTEERS
B. Banman: I rise today to bring recognition to and commend the volunteer work of the Earth Ninjas. I was not aware of the Earth Ninjas until a constituent reached out to me and brought to my attention this small but mighty group of volunteers. Their task and mission is to bring awareness to roadside litter within their own community and other communities as well. In addition, they roll up their sleeves and clean it up weekly.
This team is led by Jocelyn Titus. She’s a stay-at-home mom who originally started out by walking with her stepfather, David Brett. She mentioned to me that David was her mentor and role model. They enjoyed their time out together in nature but were disturbed by the amount of roadside litter they encountered. Jocelyn started Earth Ninjas in March of 2020 and began to pick up roadside litter in the area of Aldergrove and the township of Langley. She convinced David to join in the task, and many a Sunday the two of them would gather trash and took great pride in leaving the roadside clean of litter.
Sadly, in September of 2020, David was tragically taken from this world during a windstorm when a large limb broke and fell from a tree. It would have been understandable for Jocelyn to have given up collecting the roadside litter, but in David’s memory, Jocelyn continued her passion — proving one person can make a difference. To date, the Earth Ninjas have removed roughly 400 bags of trash.
Personally, I am saddened there are still people who toss their litter out of their vehicles, and I am sure that this House is in full agreement. I would ask folks to think before they litter, and if they see it happening, please report it. Jocelyn does have a couple of needs. She would like some more litter-pickup sticks, and she is always looking for volunteers who want to join in the task. Would this House please enthusiastically join me in celebrating the dedicated team and work of the Earth Ninjas.
Ministerial Statements
BURIAL SITE OF INDIGENOUS CHILDREN
AT KAMLOOPS
RESIDENTIAL SCHOOL
Hon. J. Horgan: Hon. Speaker and colleagues, I rise today with a heavy, heavy heart. Like all British Columbians, I was horrified to hear reports of an unmarked mass grave on the grounds of the residential school in Kamloops.
Although there are no words that can describe how that feels for survivors, words, it seems, must be spoken. Today this House has an opportunity to look back over the history, the tragic history, that is not just a moment in time but a live history of our situation here in Canada and here in British Columbia.
Survivors of the residential school atrocities live it every day. Their children are also living it, and their grandchildren are living it. This is not something that happened in the past. It is something that is going on right now, and the events in Kamloops over the weekend bring that home graphically to all British Columbians, all Canadians and, indeed, the international community.
Survivors most assuredly feel grief. They feel heartache, and they feel outrage. Children taken from their homes and sent to who knows where, without any notice, and told they could not speak their language. They could not practise their culture. Oftentimes beaten. Oftentimes sexually abused. Impossible to imagine in 2021. Yet that is the history of the residential schools in our country.
The residential schools settlement agreement in 2007 led to the establishment of the Truth and Reconciliation Commission — which, in 2015, made 94 calls to action. Many of them are in the mandate letters of ministers on this side of the House, as they were in the mandate letters of the previous government. They’re there because these calls to action are not just a nice thing to do. This is the least we can do to try and do what we can to make amends for a period in time that lives with us to this very day.
I still remember the first time I heard a residential school survivor speak in public. I was with my colleague from Nanaimo–North Cowichan. We were in the Koksilah school, just south of Duncan here on Vancouver Island.
An Elder got up. It was a gymnasium. There were kids running around. There was lots of noise. There was a moment of celebration. But when the Elder got up, you could feel the energy in the room change. Every person in there — young ones, other Elders, everybody — knew that we were going to hear a story, a story that needs to be passed down, not just for this generation but for future generations, about what happened in Canada with Indigenous Peoples. When I heard the story, I made a commitment, at that time, to do everything that I could.
As a student of history…. I have two degrees in history from two universities, and I did not know about the atrocities of residential schools from our public education system. I did not know. I learned it in a gymnasium from a survivor talking to his kids and his grandkids about what he had suffered.
I had the honour to be invited to Lower Post when I became Premier by the Kaska, the Tahltan and the Taku River Tlingit and to be urged to work with them to get the federal government to knock down the last vestiges of the residential school in Lower Post. I heard stories there from two Elders, particularly one who could not join us in the basement because he could not walk down the stairs one more time to relive, one more time, what had happened to him in that building.
At the time, the federal government thought it was a perfectly serviceable building, with no need to replace it. Fortunately, the federal government has changed their mind. On this National Indigenous Peoples Day, my colleague the Minister of Indigenous Relations and I will be going back to Lower Post — at the invitation of the Kaska, the Tahltan and the Taku River Tlingit — to knock down that building.
Although I was very much looking forward to that moment, it has materially changed as a result of the events in Kamloops this past weekend. It is not just a moment in history, as I often revert to, to protect the emotions that we all have when we think about our children being torn from us by the state and sent to who knows where to be told to be good white people. It’s unimaginable to us today yet a very active part of who we are as Canadians.
On the 21st of June, when I go to Lower Post to do my part to knock down the history of residential schools, I’ll be remembering that the Tk’emlúps and the Secwépemc have vowed to the people of British Columbia and Canada that they will determine who is there and how they passed away and will pass on those regrets back to the communities that were affected.
It’s a courageous move by those two nations. I thank them for the burden that they’ve taken on. I want all of us to live with that burden. That’s also the least that we can do. Our children were not taken away from us. Our children were not told to not be who they were. That happened to someone else, but our responsibility as legislators is to make sure that the calls to action, hard-fought, are the least that we can do.
On National Indigenous Peoples Day, if you have the good fortune of being in a community with Indigenous people, if you have the good fortune of having a relationship with Elders in those communities, sit down, hear a story, and be reminded. Be reminded of the living history of Canada.
We’re a proud people. We’ve done extraordinary things together, but we’ve also done atrocious things together, and collectively, we have a responsibility to face that head-on. After the discovery of a mass grave in Kamloops, it’s more real now than ever before.
P. Milobar: Thank you, Premier, for those words.
I rise today with a heart filled with grief. Last week the member for Kamloops–South Thompson and myself were left speechless at the news that the remains of 215 children were found buried at the former Kamloops Indian Residential School — by all accounts, 215 children whose deaths were undocumented, 215 children with the indignity of an unmarked grave and 215 families who will never be told what happened to their child.
How do you put into words what the Tk’emlúps te Secwépemc people — and indeed, all Indigenous People across our province and country — are feeling right now? In the past few days, many of us have remarked that there are no words, as the Premier referenced as well, to describe this horrific discovery. But we must find the words. We cannot continue the silence that allowed this to happen in the first place, that continues to impact generations of Indigenous families in so many ways. We must find the words, and we must take action.
We must reaffirm our steadfast commitment to meaningful reconciliation. Survivors must be heard. We need to work to find them the closure and some peace. We can never forget or ignore the 215 children who lost their lives. Each death is an irreplaceable loss for an Indigenous family. Each person mattered. Unthinkably, thousands more also remain lost.
I want to say a word about the people in my community, in Kamloops, where this tragic discovery was made. I need to acknowledge the Tk’emlúps te Secwépemc people and their strength through this difficult process of confirming their worst fears. Kúkpi7 Rosanne Casimir called it “a knowing in our community,” a feeling that sat heavy in people’s hearts for many, many years, until it became a stark reality last week.
Taking on this work, knowing the probable and very painful outcome, has been and will continue to be no easy task. Yet Kúkpi7 Casimir and her council are providing strength to all in Secwépemc’ulucw. The Tk’emlúps te Secwépemc language and culture department conducted this careful work with the help of ceremonial knowledge–keepers who ensured that cultural protocols were being upheld.
They have also been careful and sensitive in the way they have shared this news of the discovery with the community, the media and the public, because they know how hard this news will come to those who lost loved ones and those who are still dealing with the effects of residential schools.
Despite the deep heartbreak and grief felt by many, they are continuing their work on the site, because last week’s findings may only be the beginning of the story. I want to thank them for their perseverance and their strength in the face of such tragedy and loss.
Kamloops has an interesting history with Canada when it comes to Indigenous issues. It was 1910 that the Laurier Memorial was signed in Kamloops. Here we are 111 years later, and still no action on that document.
Indigenous communities want to see action. It is long since past. It is incumbent on all of us in this chamber to listen and support the Tk’emlúps te Secwépemc in their efforts to ensure that their cultural protocols are followed as they work to provide their lost children and their families the dignity of a proper final resting place.
This loss is felt by all British Columbians and all Canadians, Indigenous and non-Indigenous alike. We all have heavy hearts today, and we must work together in a good way to heal these painful wounds.
A. Olsen: I rise today to respond to this ministerial statement.
Today my family and the entire B.C. Green caucus team stand with our relatives in the Interior. We wrap our arms around them in love. We share their tears, and we let them know that we are here for them.
Today I stand in this House to honour those who lost their lives in the residential school system. The words that I’m going to speak today aren’t easy, and they are direct. Like many of my peers, my grandparents, my great aunties and uncles are survivors of the Kuper Island residential school. I know that they’d want me here today honouring the horrors that they lived through by demanding accountability for them.
The resounding story that I heard from Indigenous leaders this weekend is that this is the beginning. We know in our hearts this is the beginning. For the last several years, our Crown governments and society have believed that they have been doing the work of reconciliation. After all, many of these stories have already been shared by residential school survivors through the Truth and Reconciliation Commission.
What needs to be addressed here is our response. Specifically, the urgency and our reaction to what has been and what is being uncovered. It’s not that we haven’t done anything. We’ve started the work. But have we really moved as quickly as you would expect after hearing these horrors?
We know that if these children were not Indigenous but, rather, European, we would not have been slow to act. I see on social media my friends and colleagues sharing graphics agreeing that all children matter. Yet deep down we know that, in our society, it’s just a fact. In Canada and British Columbia, some children matter less.
We know that underneath the shiny, happy facade of Canada and British Columbia, there lurks a grotesque and shameful past. For 30 years, my relatives have been sharing their experiences from these despicable institutions. For 30 years, those stories have been hushed. Our relatives have been told that Canadians and British Columbians don’t want to hear their stories. They’ve been told to stop lying. They’ve been told to stop embellishing.
There was a statement from this institution that noted the unimaginable proportions of this tragedy. This is an incredibly unfortunate characterization of the situation that we carry. For Indigenous People, this story is not shocking, nor is it unimaginable. This is the trauma our families have carried for generations.
When people ask me what our problem is, why we don’t pick ourselves up, they haven’t wanted to hear the answer. As we continue to grapple with missing and murdered Indigenous women and children, hanging red dresses in recognition of our current reality, what is uncovered in Kamloops is the stark reminder that this storyline is not new. It has been in the imagination — indeed, in the nightmares — of our relatives for the past 130 years. It is the terror that our ancestors have lived with.
The only reason to call it unimaginable would be because these institutions, these Crown governments, federal and provincial governments, and the people that populated these chambers in the past either haven’t been listening to our stories or they’ve cared less. It is a reality in our country that some children have mattered less. These are both terrible considerations.
There is nothing to imagine for those who have been paying attention. Our Elders and our families have been sharing the grim details of their experiences in residential schools for decades. That is the record of the Truth and Reconciliation Commission.
You don’t have to imagine it. You just have to believe it and care enough to act with the urgency that you would if it was your child that didn’t return home from school. It’s your kids going to school and not coming home, not being there when their parents are there to pick them up for Christmas, after the headmaster of the school so graciously allowed them to go home for Christmas if their parents could find their way to go and pick them up.
Duncan Campbell Scott, deputy superintendent of Indian Affairs from 1913 to 1932, is often associated with saying: “Kill the Indian; save the man.”
Joseph Trutch, whose name is on a plaque right outside that door, British Columbia’s first Lieutenant-Governor following Confederation, is quoted as saying: “I think they are the ugliest and laziest creatures I ever saw, and we should as soon think of being afraid of our dogs as of them.”
As historian Robin Fisher wrote extensively in “Joseph Trutch and Indian Land Policy” of Trutch’s role in dispossessing Indigenous Peoples of their lands, he did it quite extensively.
Residential schools were a critical tool in the process of “kill the Indian,” in Scott’s words. Deliberately breaking up families by forcing children into residential schools was a tool to expedite the process of dispossessing Indigenous People of their lands and resources. RCMP, church officials and Indian agents would show up to Indigenous communities and forcibly remove children, taking them to these deplorable institutions.
There have always been stories in our families of our relatives that didn’t come home, the children that died and were buried there with little or no notification to the families. Unfortunately, even as our society has evolved and is more receptive to hearing and acting on these awful stories, this provincial institution continues to be responsible for unacceptable outcomes for Indigenous People.
I wish I could say that Indigenous children are no longer forcibly removed from their communities. However, I can’t. I wish I could say that Indigenous People were not dramatically overrepresented in fatalities at the hands of police, the criminal justice system, homelessness, suicide, addictions and drug poisoning, all statistics you don’t want to ever be overrepresented in.
The accountability that I talked about earlier needs to be in this chamber as well as outside. Our provincial government must accept responsibility for the role that this Crown institution played in this reprehensible history. This is work that should be advanced by all parties in this chamber, work that could be done by the Select Standing Committee on Aboriginal Affairs. Let’s find ways to engage Indigenous leaders as an assembly to inform our work, because what we’re doing is not enough. We cannot wait for the federal government to act.
We must believe the survivors. We must stop referring to what we know like we didn’t know it. We must stop pretending it was better than it was. We must stop acting like we came by this wealth through honest means, because we did not. This land and the resources this Crown government depends on came from the dispossession of Indigenous People. For decades, this provincial government has benefited from the lands and resources that were secured through residential schools and other disgraceful policies.
In honour of those children buried in unmarked graves, in honour of our families who had a child who never came home from school, we must make those resources immediately available for trauma and healing services. All resources needed to restore our languages immediately available. All resources needed to restore our houses of culture and governance immediately available. It’s time for the representatives in this chamber to stop saying how we can’t do this and start finding ways that we can do it.
I’m so grateful for the incredible public response to this tragedy facing our relatives in Kamloops and the Interior. I’m grateful for the demands from our family and friends and neighbours to ensure that all children matter. We can honour those calls by ensuring government responds as if it were our child that didn’t come home from school.
This is indeed a heavy burden, but it’s one we can all make lighter if we carry it together.
HÍSW̱ḴE SIÁM. Thank you.
Mr. Speaker: Members, I want to say thank you. Please join me in a moment of silence.
[The House observed a moment of silence.]
Oral Questions
SUPPORT FOR RESIDENTIAL SCHOOL
SURVIVORS AND
FAMILIES
S. Bond: I want to recognize the Premier and my colleagues for the powerful words delivered in this Legislature today. It sets the stage for the work that all of us need to do. Everyone in this Legislature wants to know what we can do together, listening to First Nations leaders to support families and Indigenous people in our province.
I’m sure the Premier has had the opportunity to speak to First Nations leaders over the weekend. I would ask him today to outline for British Columbians how he plans to continue discussions with First Nations leaders and what they have said to him about possible next steps that can be taken to honour the lives of these children and support their families.
Hon. J. Horgan: I thank all members of this House for the solemnity with which we are addressing these issues following on the revelations from Kamloops from last week.
The Leader of the Opposition is absolutely correct. There is more we can do. Our friend from Saanich North and the Islands inventoried a host of issues that we could address right away.
Let me say again that for our part, this side of the House, in the first mandate letters that we issued in 2017 when we came into government, focused specifically on the calls to action within provincial jurisdiction that were laid out in the Truth and Reconciliation Commission from 2015. My ministers have been diligently working on that, as they did and as all of us did when we unanimously supported the UN declaration on the rights of Indigenous Peoples — another massive step forward.
But again, not…. As my colleague from Saanich North and the Islands will remind us, as will my friend from Skeena and the member for Mount Pleasant, words are fine. Words are fine. But what impact are we going to have on the families that have been affected by this? And it’s not….
With great respect, I don’t mean to diminish in any way the extraordinary work of the Tk’emlúps te Secwépemc peoples here, because they are now the epicentre of a national tragedy. The power of their ability to bring people together is so critically important. I know that my two friends from the region and the Solicitor General and others will be working to make sure that everything that we can do to get to the bottom of how this could have happened….
As my colleague from Saanich North said, this was not a surprise, because it’s been talked about not just in Kamloops but in Lower Post, on Kuper Island and in other places across British Columbia and around the country. This is a cathartic moment and a moment that we should all seize so that we can do everything in our power to relieve the pressure, relieve the strain.
I think it would start by ensuring that our K-to-12 system does a comprehensive job of telling the story of Canada, not with rose-coloured glasses, but with the reality which it deserves.
Mr. Speaker: The Leader of the Official Opposition on a supplemental.
S. Bond: Well, I want to thank the Premier for his answer. We all know that the damage is not confined to one community, but it invokes a devastating part of our national history. Right across British Columbia and our country, families are feeling devastation, anger and hurt.
We know that there is a national crisis line and that British Columbia has a First Nations and Indigenous crisis line in place. But again, I would hope the Premier could share with us what additional resources are in place or could be immediately put in place to provide direct support to First Nations people as they grapple with their grief, their loss and all of us face the likelihood that many more difficult days lie ahead.
Hon. J. Horgan: Again, I thank the member for her question. She’s absolutely right that we need to look at the next weeks and months and, indeed, years and recommit to British Columbia the true story of who we are, how we got here and where we collectively want to go together.
When we unanimously passed the UN declaration on the rights of Indigenous Peoples by bringing in DRIPA in this institution, we sent a message to the world that we are going to turn history upside down, return resources to peoples who have been on this land for millennia. We’ve been working through the treaty process. We’ve been working through reconciliation agreements. We’ve been trying to build capacity on a whole host of issues.
The member will know this full well from her extensive period in executive council that governments have been trying for some time to get ahead of these issues, but we have universally failed. Broad steps. Bold actions. But does that impact people on the ground? Does that impact those survivors who are living today with a…? Chief Harvey from the Upper Nicola Band, who I have met several times…. To hear him say in the public press how this was bringing it all back to him again — friends that they thought had gone home that didn’t go home.
These are powerful, powerful feelings that we are having. Imagine what is happening in Indigenous communities across this country right now. We have an obligation to release resources where we can, to improve people’s lives, and we’re committed to doing that. I know that the member opposite will hold us accountable for that. I look forward to it.
REPATRIATION OF INDIGENOUS CHILDREN
BURIED AT
RESIDENTIAL SCHOOLS
E. Ross: To the Premier and the other leaders in here that spoke about the events unfolding in Kamloops: thank you for your words.
With all due respect, now is not the time to talk about UNDRIP or mandate letters from four years ago. It’s not time for a stump speech. This tragedy is affecting Canadians, Aboriginal and non-Aboriginal alike. People are crying. Put aside the politics for a second, everybody.
The confirmation of an unmarked grave of 215 children has revived memories for many First Nations people. It confirms what many survivors from all over B.C., from 203 bands in B.C., have long said: there is a multitude of children who never made it home. For most of the history of these schools, the practise was not to send the bodies of students who died at schools to their home communities.
My question. Can the Premier tell us, tell the province — tell the people of British Columbia, Aboriginal and non-Aboriginal alike — specifically what will this government be doing to work with the 203 First Nation communities in B.C. to repatriate these children?
Hon. J. Horgan: As I said in response to an earlier question, we’re working with the Secwépemc and the Tk’emlúps to try and work with them to get to a place where we can share this information and actually return people to their traditional territories. I appreciate the passion with which the member brings these questions. I was not bringing politics in at any time, and I know he wasn’t either.
This is a moment for British Columbia to understand and fully absorb the magnitude of the stain of residential schools on all of our history. But most importantly, as my friend from North Saanich said, this is an opportunity to try, in some modest way, to feel the pain and anguish that exists in Indigenous communities right across this province, right across this country. That’s what we can hope to bring from this if we are non-Indigenous.
But as representatives in this place, collectively, we shall work with the bands in Kamloops and others across this province to bring true reconciliation, to bring all of the calls to action, which were put together not by us but by the Truth and Reconciliation Commission, to make sure that those calls to action are real, substantive and have an impact on people’s lives.
That’s the commitment I can make. Again, I know the member will hold me do that.
Mr. Speaker: The member for Skeena on a supplemental.
E. Ross: Correction: this is not my passion. This is my life. My parents, uncles, aunts, friends, acquaintances from other communities — from 203 communities in B.C. This is not just a Kamloops issue. Children from all over B.C., from every single community, were sent to residential schools all across B.C. and Canada. This is not just the burden of the Kamloops people. They are to be commended for bringing this to light — for what we always were suspicious about, based on the stories of people like my parents. I look forward to everyone in this chamber taking the time to listen and act accordingly. Because I do agree that the time for action is long past. It’s long past.
I uncovered this in 2004. Everybody, at some point in their life, heard a story about this. The time for action is now, while the whole world is shocked and while Canadians want to know what’s next. So for those who survived residential schools, for their families and friends who had to listen to the stories of the survivors and, of course, for the voices of the children that we will never hear….
For the Premier, I hope he agrees, as I hope everybody in this House agrees, that we must do everything we can to return these children to their homes.
Hon. J. Horgan: I very much thank the member for Skeena for his question and the way he presented it.
I will commit to this House that working with the Secwépemc and the Tk’emlúps — whatever steps we can take, whatever resources need to be brought to bear, working with Indigenous Nations across this province to see what we can do to bring all these things together.
As I said, the minister and I will be in Lower Post. It will be a powerful moment for those northern nations, and I suspect that there will be nations, as well, who will be bringing the call in the days and weeks ahead to build out the plan that the member is seeking for us to deliver today. It’s not there. It will be.
With his help and with the help of other members of this House, I’m confident that we can bring together a plan that all of us can be proud of, as a modest step to address the challenges that have been in place long before many of us came to this House. Certainly, that does not relieve our obligation to do everything we can, going forward, to make sure that we can do redress appropriately, and that’s what we will do.
PROTECTION OF OLD-GROWTH FORESTS
AND CONSERVATION
FUNDING
A. Olsen: I came equipped today with a different question about a different subject, but my hope is that this can be the response to these stories over the weekend — can be not just a response from the ministers, but also a response from this Legislative Assembly. We have the ability to do that.
Over the past few weeks, the world’s attention has become focused on Fairy Creek, because thousands of British Columbians are showing up to protest this provincial government’s lack of protection of these rare and endangered ecosystems. Two weeks ago I raised the Auditor General’s report saying that B.C. is not doing enough to follow its own policy on conservation. Just after that, I highlighted the mapping that a trio of scientists have done showing where the most endangered old forests are and where it needs to be immediately deferred from cutting.
Today I’d like to add that there is a significant amount of federal money on the table, money that B.C. could use to conserve these forests and support communities through transition. The federal government has put $2.3 billion on the table to expand protected areas, and that could be a game-changer if the NDP chooses to take it.
To government, my question is to the Minister of Forests. Will she commit to using every federal dollar that is on the table to protect these endangered old forests and to stop the battles playing out on the ground today?
Hon. J. Horgan: I thank the member for his question. It’s very true. He knows full well that I am intimate with the area, Fairy Creek and environs. It’s my home community. I know it intimately. I know the Pacheedaht, and I also know the Huu-ay-aht, and I know the Ditidaht. It is their territory.
We’ve talked about this in this Legislature. At this time, more than ever, we need to acknowledge their rights and title to that territory — and sovereignty, in my opinion, over those lands. Having said that — and I got a movement from the member — I look forward to, perhaps, a discussion, either in here or offline, about that.
Specifically to the question of federal resources, I, too, have been hearing promises of federal resources. I’ve been asking about those federal resources. I’m hopeful that they will turn up, but I’ve heard of federal resources in the past, as well, and they have not shown up. I do understand that there are opportunities here. We have been pursuing that in government-to-government discussions, through my Intergovernmental Relations Secretariat, as well as in direct conversations with federal officials.
Mr. Speaker: The member for Saanich North and the Islands on a supplemental.
A. Olsen: I appreciate the Premier highlighting the complexity of the situation that we have in these particular areas, although I think it’s fair to say that the response of British Columbians, the response of people in southern Vancouver Island to Fairy Creek or to specific locations is actually a response about the protection of these last remaining ecosystems — these last remaining endangered ecosystems, the protection of old growth.
The federal government put $2.3 billion in their budget — it may or may not be there, and may or may not be available immediately — but in the recent B.C. budget, there wasn’t anything — no money. It’s in the federal budget; it’s nowhere to be found in the provincial budget. No money to implement the recommendations of the old growth review panel, which the Premier promised to implement — fully, all recommendations — in the last election.
TJ Watt from the Ancient Forest Alliance says that because of the federal investment, the B.C. NDP “has been handed the keys to ensure that much of the grandest, most endangered old-growth forests can be protected.” The federal government is going to have the money on the table. Is the B.C. government going to chase that money down?
Again, my question is to the Minister of Forests. What specific actions is she taking to find out if that money is available and, if not, to go to the Treasury Board to ensure that there’s money that British Columbia is putting on the table to follow through on the commitments that the B.C. NDP government made to British Columbians in the 2020 election to implement all of the recommendations — specifically, recommendation No. 6 as a first step — to defer these sensitive ecosystems?
Hon. J. Horgan: Hon. Speaker, my colleague will know that it was this government that appointed the old growth commission. We were happy to receive the report — in fact, so happy that we said we would embrace all of the recommendations and implement them. The member will know that there were significant deferrals, some 200,000 hectares immediately, because there had been discussions with Indigenous Nations about that, and approval. In fact, requests were made to do so. On the other areas, like Fairy Creek, that discussion had yet to take place and is ongoing.
Again, I appreciate the member’s passion. I am passionate about old trees, and this will come as no surprise to anyone who knows me — no surprise whatsoever. But there are complex issues. The member understands that. I know that members from the official opposition understand that. If we’re going to make a seismic change in how forestry is done, we need to have buy-in from everyone.
That’s why tomorrow the Minister of Forests and I will be issuing an intentions paper that will lay out not just how we will address old growth but how we will address forestry across the province. The time is now to take action, when the public’s attention to these issues is at its highest. There have been times in our history when forestry has been neglected and forgotten. It is certainly not being neglected and forgotten today. That is a good thing, in my mind.
We need to take the opportunity that this moment in time presents to us: a very capable report, lauded by all those who’ve had the opportunity to read it. The government is committed to implementing it. I think the stars are aligning. We’re going to have good news tomorrow on the intentions paper and more good news about old-growth logging on Vancouver Island later this summer.
FUNDING FOR
SPINAL CORD INJURY
RESEARCH
S. Cadieux: This is National AccessAbility Week, as we heard earlier, and the minister has also proclaimed this week AccessAbility Week here in British Columbia. This year’s theme is “Leaving no one behind.” We’ve seen the work that has been done and is being done in British Columbia on accessibility. We know that there is much more to do.
To the Premier, how is the government supporting research and innovation, like spinal cord research, that helps people with significant disabilities lead healthier, more active lives in our communities?
Hon. N. Simons: Let me just begin by saying to everyone that I hope that they have an opportunity to participate in National AccessAbility Week, which is obviously trumpeted across the country and, in particular, in British Columbia, as we become more aware of the accessibility issues and the barriers that we need to remove in order for everyone to be able to live the most inclusive life in British Columbia and society.
I want to just thank the member for Surrey South, in particular, for her advocacy in this role for many years. I just want to recognize her work.
When it comes to specific issues around investments in research, I would suggest that my ministry doesn’t engage in that particular type of activity, so I would direct her question elsewhere. But I’m pleased that she’s recognizing and recognizes the importance of all British Columbians to pay attention to AccessAbility Week this year.
Mr. Speaker: The member for Surrey South on a supplemental.
S. Cadieux: I’ll thank the minister for his kind words. But I appreciate if he doesn’t have the answers, perhaps he should not be the one taking the questions.
The Premier should be aware that the Praxis Spinal Cord Institute is a global leader in research on all things spinal cord injuries, including treatments for pressure source. They are based in Vancouver. The organization has had its base operational funding of $3.3 million a year provided by the B.C. government since it was founded in 2010. Their funding renewal request has been with government for the past year, but two months into this new fiscal year, Praxis has not heard if their funding will be renewed. The funding was not renewed as of March 31.
Will the Premier reinstate this funding for spinal cord research today?
Hon. J. Horgan: The member will know that she and I actually met when neither one of us was in this House. We were working with Rick Hansen to raise awareness of spinal cord injury and to bring forward fundraising opportunities for the very research that she’s talking about. I know, certainly, her focus on this. I know that’s a passion of mine as well.
I apologize for pushing it to the minister responsible, but I interpreted it to be a question on accessibility, not on research, as a budget question. I will go back and talk to the Minister of Finance and the Ministry of Health, where I believe the dollars initially come from, and see where we can get to. I’ll come back to the member directly on that question.
D. Davies: Just to follow up on my colleague’s question, Praxis has not heard anything from the government about the fate of their funding. Funding has been provided to this organization since 2010 and needs to be renewed this year — or should have already been renewed. The future of this organization is at risk. It includes 50 highly skilled research jobs. It has no other source of operating funds.
In honour of National AccessAbility Week, will the Premier be able to commit today to give Praxis the funding that they do need to survive?
Hon. J. Horgan: I thank the member for the question. As I said to his colleague, I will go back to the Minister of Finance, the Minister of Health, find out the status of the funding, and I’ll get back to the member for Surrey South. I’m sure she’ll pass it on to you.
Mr. Speaker: The member for Peace River North on a supplemental.
D. Davies: Thank you, Premier. There are 6,000 people that live in B.C. with spinal cord injuries. In fact, hundreds of people each year get a catastrophic injury like this. These injuries cost over $270 million each year.
I guess to follow up on my previous question regarding getting us the answers that we’re looking for, will the Premier also, while he’s having that conversation, direct his minister to immediately work with Praxis and to ensure that they receive long-term sustainable funding that they need to carry on their work?
Hon. J. Horgan: As I said to the member and the one previous, I’ll go back, discuss this with ministers and staff and get an answer to the opposition as quickly as I can.
APPLICATION OF
FREEDOM-OF-INFORMATION LEGISLATION
TO InBC INVESTMENT CORP.
T. Stone: Recently the Premier created InBC, a $500 million high-risk venture capital scheme, using public funds.
The Office of the Information and Privacy Commissioner sent a very strongly worded letter to the government, calling out its plans to shroud this high-risk investment fund in secrecy by a number of things, not subjecting InBC to the province’s FOI legislation. But when we asked the Premier about it the other week, the Premier hadn’t even read the letter.
The question is this. Has the Premier now read the letter, and will he listen to the Information and Privacy Commissioner and subject his high-risk venture capital scheme to FOI?
Hon. R. Kahlon: Thank you to the member for the question. As the member knows, we canvassed this in great length during the third reading.
Similar to the previous government — when they created the B.C. Immigrant Investment Fund, they chose not to put it under FOI rules at that time. I suspect they did that because they heard similar concerns from the private sector about sensitive commercial information and how that would be handled and made public.
That being said, the letter has been received. We are engaging with those in the private sector, those in the investment community, to assess what their views are. We’ll have more information once those consultations are done.
Mr. Speaker: The member for Kamloops–South Thompson on a supplemental.
T. Stone: This is a Premier who promised a transparent government, who is now asking it to spend half a billion dollars on a high-risk venture capital scheme. No public access to the business plan for InBC. No public access to impact score cards on each investment. No subjecting InBC to freedom-of-information legislation in British Columbia.
The Information and Privacy Commissioner has been very clear, in his letter, that the government’s excuses cannot be justified. The letter points out that the B.C. Investment Management Corp. is far larger and is subject to FOI.
The question, again to the Premier, is this. Why is the Premier ignoring the clear demands of the Information and Privacy Commissioner to subject his government’s high-risk venture capital scheme to FOI?
Hon. R. Kahlon: Again, I think it’s a little rich from this member giving lessons on FOIs to anyone. But I will take his question on notice. As I’ve already shared with him multiple times, we have taken advice from those in the private sector. They’ve said that there were some concerns.
We’ve seen the letter that’s been received just recently from the independent office. We’re going to continue to consult with them and also consult with the private sector to ensure that all of the issues that they may have, have been addressed. We’ll have more information on that in a timely future.
P. Milobar: The letter from the Privacy Commissioner came out before the legislation was finished in this House. The Citizens’ Services Minister was questioned on this in estimates while that bill was still in front of this House. And the Premier was asked about this several weeks ago.
It’s not that complicated of a concept. The Conflict of Interest Commissioner makes it very clear in his letter that InBC, the $500 million investment scheme, should be subject to freedom of information. In fact, the Premier committed to looking at that letter and making a decision quickly. That was a few weeks ago.
Again to the Premier, is InBC…?
Interjection.
P. Milobar: The Premier seems to think it was days ago. I’d remind the Premier we actually weren’t in the Legislature last week, so it’s been a couple of weeks.
Again, not a complicated ask by the Conflict of Interest Commissioner — has the Premier made a decision on whether or not the InBC investment scheme will be subject to freedom of information?
Hon. L. Beare: The minister of jobs, economic development and investment has been quite clear that transparency and accountability are going to be critical for this organization. InBC’s legislation requires those annual reports and its performance on these investments. The minister then has to table the reports to the Legislative Assembly and make those reports public.
Now, the members are referring back to the immigration fund. The Jobs Minister has made it very clear that this is a continuation of this fund and that we have put the appropriate measures in place. In fact, I have a letter here from 2010 from the previous Minister of Citizens’ Services that outlines that “to respect legal confidentiality, agreements in place with fund managers operating….” It goes on to say: “…the fund transparencies achieved through operational reporting under the BCIIF annual report.”
I’d also like to clarify that the source of the BCIIF’s capital fund is not taxpayer funds but, rather, sourced from immigrant investors through a federal program. The key there being that public transparency is through the annual reporting. This was a decision made by the previous Minister of Citizens’ Services, when asked about the immigration fund. We are working with the Privacy Commissioner. The Jobs Minister is ensuring that the accountability and transparency is embedded in this fund through annual reporting, and we’re going to continue on that good work.
P. Milobar: With respect to the Minister of Citizens’ Services, this isn’t about 2010. This is about direction from the Conflict of Interest Commissioner in 2021. This is about the Privacy Commissioner saying that we should have, in B.C., a $500 million investment scheme, subject to FOI.
In fact, the Minister of Citizens’ Services could make that regulatory change with the stroke of a pen, doesn’t need to rely on the Jobs Minister and doesn’t even actually have to rely on the Premier to make that happen.
I guess the question to the Minister of Citizens’ Services is: has the Minister of Citizens’ Services, given that it’s her responsibility to make sure there is freedom-of-information access on a wide range of issues…? Based on the letter from the commissioner, it seemed that the Citizens’ Services Minister actually was wanting this to fall into freedom of information — based on the wording in the letter.
Did the Minister of Citizens’ Services advocate for InBC to be subject to FOI, or did she turn a blind eye to the request from the commissioner?
Hon. L. Beare: It’s great. I have another letter from 2010 here, from the previous Minister of Citizens’ Services that very clearly outlines, in response to the request of the Information and Privacy Commissioner at the time, that the process for adding new or existing entities…
Interjections.
Mr. Speaker: Let’s listen to the answer, please.
Hon. L. Beare: …begins with the ministry responsible submitting a request. Once the request is received, it would be included in the ministerial regulation for such purposes and that it would be a broad overreach for the Minister of Citizens’ Services to go against the Jobs Ministry of the time.
Again to the members opposite, we’ve been consulting…. The Minister of Jobs has been consulting with community. We have met with the Privacy Commissioner. We have ensured that all the transparency and accountability are in place. I think it’s just really important to actually restate what the previous Minister of Citizens’ Services said — that public transparency is achieved through operational reporting under the annual report. That is what we are doing.
[End of question period.]
Tabling Documents
Mr. Speaker: Hon. Members, I have the honour of tabling Office of the Ombudsperson special report 47, A Cautious Way Forward: Fairness Principles for Public Service Providers Regarding the Use of COVID-19 Vaccine Certification.
I also have the honour of tabling two reports pursuant to the COVID-19 Related Measures Act.
Hon. S. Robinson: I table the B.C. Assessment Authority 2020 Annual Service Plan Report, as required under section 16 of the Budget Transparency and Accountability Act.
Petitions
G. Lore: Today I table a petition from thoughtful constituents of Victoria–Beacon Hill concerned about the impact on pets and animals, those with auditory issues and the dangers to young children, as well as increased pressure on police. They’re advocating for the banning of fireworks, except for the use by professionals.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading debate on Bill 10, Municipal Affairs Statutes Amendment Act.
In Section A, the Douglas Fir Room, I call estimates debate for the Ministry of Labour.
In Section C, the Birch Room, I call the continued estimates debate for the Ministry of Social Development and Poverty Reduction. When that is finished, then we will also call at this time the Ministry of Children and Family Development.
[N. Letnick in the chair.]
Second Reading of Bills
BILL 10 — MUNICIPAL AFFAIRS
STATUTES AMENDMENT ACT,
2021
Hon. J. Osborne: I’m pleased to rise today in the House to speak to this important piece of legislation. When COVID began, it challenged many aspects of local democracy. People couldn’t safely participate in person for important decision-making or voting in by-elections.
The pandemic also presented a number of unexpected financial pressures for local governments. The business of local government had to continue, so a number of extraordinary measures were put in place to support local governments during this difficult time so they could maintain effective, local decision-making and to maintain the financial health of the local government system.
The amendments in this bill acknowledge that a number of these measures need to be continued, not only to provide necessary transition and continuity for some local government matters but also to ensure local governments have the tools they need to deliver services and engage people in the process of government. Some of these measures are currently covered under various ministerial orders that are part of the COVID-19 Related Measures Act, or CRMA.
We’ve listened to local governments and learned what is important to them. Based on these learnings and experiences, the amendments also add new, permanent authorities, where appropriate, to ensure that local governments have the powers they need to effectively govern their communities in any scenario. Further, they also add tools in ministry-specific statutes to allow the ministry to manage a number of local government matters in light of evolving circumstances related to the current pandemic and in the event of any future extraordinary scenario.
The proposed amendments to the Community Charter, Local Government Act and Vancouver Charter will provide new, permanent authorities for local governments to be able to hold electronic meetings, or e-meetings, as well as electronic public hearings, or e-hearings, while maintaining important transparency safeguards. This will provide local governments the ability to offer citizens a mix of in-person, hybrid or virtual meetings to meet a wider range of people’s needs.
We’re hearing that being able to participate in public hearings and meetings electronically is more accessible and equitable for many people who face barriers to attending in person, whether they’re single mothers, people who are caregivers, people without access to transportation or those with limited mobility.
Looking back to the beginning in spring 2020, when I was mayor of Tofino, I know firsthand how local governments found it increasingly difficult and sometimes impossible to adhere to legislative requirements for regularly scheduled meetings and required public hearings for land use matters to be held in person.
A ministerial order, under the Emergency Program Act, was issued to override legislated limitations and to authorize local governments to be able to hold e-meetings, where in-person gatherings were unsafe or impossible due to the pandemic. The temporary authorities enabling all local governments to hold e-meetings will continue for the foreseeable future, under the ongoing authority of Ministerial Order M192, which is currently part of the COVID-19 Related Measures Act.
Once the circumstances related to the pandemic have eased, these new permanent authorities will be brought into force to enable local governments themselves to choose what mix of in-person, hybrid and virtual meetings meets the needs of their specific community needs. For e-meetings, the proposed amendments continue to safeguard good governance principles, such as public transparency and public participation, by requiring local governments to specify, by bylaw, when e-meetings will be held electronically and how the public can participate in those electronic meetings. Allowing for virtual meetings with appropriate safeguards is an example of how we’ve listened to local governments, and we’re acting on the lessons learned during the pandemic.
We’re also taking this opportunity to include minor amendments in this bill that will also permanently address a number of operational barriers for improvement districts that came to light during the pandemic. Amendments to the Local Government Act will provide improvement districts more flexibility for the timing of their annual general meetings and the terms of office for local trustees. They’ll also remove the requirement for bylaws to have a seal so that bylaws can be sent electronically.
As a result of the pandemic, local governments also faced urgent financial pressures. In response, a number of one-time unique financial measures were put in place to support local governments. These are currently contained in Ministerial Order M159 under CRMA, which will expire July 10.
This bill includes amendments to the Municipalities Enabling and Validating Act (No. 4), or MEVA, to move the suite of 2020 COVID-related financial measures and the corresponding repayment obligations into a more permanent legislative framework. This will ensure that the effect of these one-time measures continue as originally intended when they were put in place for 2020 and provide certainty for local governments.
These MEVA amendments will continue the obligations requiring local authorities that borrowed from their reserve funds in 2020 to pay for operational shortfalls to repay the borrowed amount by December 31, 2025; continue the obligation for local authorities to repay revenue-anticipation borrowing incurred in 2020 by December 31, 2021; and continue bylaws made under Ministerial Order No. M159 to postpone the tax sale of properties from fall 2020 to fall 2021.
The pandemic has demonstrated the need to have specific, targeted legislative tools that can be used to quickly respond to urgent and pressing scenarios that pose challenges for the local government system. This bill also adds two new targeted and limited ministerial regulation authorities to the Community Charter to allow the minister to be able to address urgent and unique financial challenges faced by local authorities in special circumstances, such as an emergency scenario or a sudden community crisis that affects financial liquidity.
This legislation also adds a targeted and specific ministerial regulation authority in the Local Government Act in relation to local elections. Over the course of the pandemic, the ministry has been working with local governments to mitigate risks and contribute to safer processes for electors and election officials. Since September 2020, over 30 ministerial orders have been put in place to support COVID-safe local by-elections and assent votes in various communities. The new ministerial regulation authority will provide a more robust and effective means of managing local elections processes in special circumstances.
Finally, this bill will also remove legislated limitations on electors who are permitted to vote by mail ballot in local elections, including by-elections. Amendments to the Local Government Act and the Vancouver Charter will repeal the rules that currently limit mail ballot voting only to persons with a physical disability, illness or injury or to persons who expect to be absent during voting. Removing these limitations will allow voters who are vulnerable, who may be required to self-isolate or quarantine, or do not feel comfortable voting in person to participate in local elections processes.
Bill 10 provides an array of amendments that ensure that local governments have the authorities they need to continue to manage through the ongoing and evolving circumstances related to the pandemic and any future extraordinary scenario. The amendments are supported by the Union of B.C. Municipalities and the Local Government Management Association, as well as the city of Vancouver. We’ve also been mindful of the requirements of the Declaration on the Rights of Indigenous Peoples Act as we’ve developed this legislation.
In conclusion, the proposed changes will give local governments more tools and better supports, as well as appropriate permanent authorities, to ensure that they have the powers they need to effectively support their communities in any scenario. The amendments adding new tools to the ministry-specific statutes will ensure that the minister is able to capably respond to various matters, in light of the evolving circumstances related to the current pandemic and in the event of any extraordinary scenario.
With that, hon. Speaker, I want to thank you and all members of the House. I look forward to hearing from my colleagues in the continued debate today on the second reading of this bill.
Deputy Speaker: Thank you. Minister, before you sit down, would you please move second reading of the bill.
Hon. J. Osborne: I should have started by moving second reading. I move that the bill now be read a second time.
Deputy Speaker: Thank you very much, Minister.
T. Stone: It gives me pleasure to rise today and speak to Bill 10. I appreciate the comments of the Minister of Municipal Affairs, someone that I’ve known for many years and have tremendous respect for. So I look forward to the really specific questions that we will get to in the committee stage of this bill. But for the purposes of second reading, I think I’ll start here.
It’s always great to see the government taking steps to improve the public’s access to the civic process and to encourage greater participation in that process, whether in municipal elections or local government meetings. It’s indeed a fundamental right of British Columbians and Canadians to exercise their voting rights and to be able to participate in fair and equitable elections and democratic processes at all levels of government.
This bill contains a number of measures. Again, we’ll get into a lot more detail on these in the coming days. It allows municipalities and regional districts to hold virtual and hybrid meetings and public hearings in addition to in-person meetings. That’s a good thing.
It expands eligibility for mail ballot voting in local government elections, making it open to everyone rather than just those individuals who are absent or have an illness, an injury or a disability. That’s good.
The bill provides for greater flexibility with the timing of annual general meetings and trustee terms for improvement districts. It establishes ministerial authority to make regulations for borrowing in emergency situations in elections administration matters and the repayment of debt for revenue-anticipation borrowing by local governments to be delayed for up to a year.
Local governments borrowing from their reserve funds to pay for operating expenses — exceptions or modifications can be made if special circumstances may impact an election, a by-election or a referendum. The bill provides for continuity of extraordinary financial measures and corresponding repayment obligations under COVID-19 Ministerial Order M159, which is set to expire on July 10, 2021.
There are a number of other items, but this is just a snapshot of some of the more pertinent pieces that I think represent a good step forward. We certainly agree, in the official opposition, that municipal governments really deserve to have every tool possible to ensure maximum flexibility to engage through bylaws, hybrid and virtual meetings and proceedings, if they feel it will expand access to the democratic process for their community members.
The COVID-19 pandemic has indeed shown us why these proposed changes are useful and achievable. I will say, from a local perspective in Kamloops…. As the minister mentioned, when she was the mayor…. She was the mayor of Tofino at the time. Everything seems to be a bit of a blur for the last while. She was living it. The minister was living this as an elected mayor in the district of Tofino.
I certainly know the city of Kamloops…. I remember getting the phone call from our mayor, saying: “We have a big problem here. We don’t know how we’re going to continue to function as a local government. We have critical things that need to get done, critical decisions that need to be made.”
Yet the legislative and the regulatory framework that is in place today, which never contemplated a pandemic such as the one that we have just been going through…. It really tied the hands of local governments behind their backs and made it very difficult to move with the speed that was often needed, from a bylaw perspective, or to hold meetings, all the while understanding that there is a requirement for public access and media access to a lot of those meetings.
It was important, back in March. I think it was March 26 when the government brought in a number of ministerial orders, including suspending states of local emergency, enabling local government bylaw officers to enforce the provincial health officer’s orders related to business closures and public gatherings and, thirdly, to provide the ability to hold more flexible meetings to expedite decisions.
It was the right thing to do back then. All of us remember well how we really didn’t know…. Certainly in March, we didn’t have any idea what was coming next month, a few months later, let alone tomorrow. It was critically important to be able to move with speed and to move with confidence at the local level.
Some of the amendments outlined in this legislation make permanent the temporary measures established in Ministerial Order M192, which exempts local governments from statutory requirements related to the conduct of meetings and public hearings and the passage of bylaws.
However, in the official opposition, we think it’s important to, very respectfully, remind the government and the minister about the contentiousness of that ministerial order, M192, and the Ombudsman’s report from June 2020 related to it, considering M192 will remain in force until the COVID-19 emergency authorities are lifted. Very, very important to be aware of those concerns that were raised by the Ombudsman at that time.
A little bit of background on the Ombudsman’s report. Again, this was in June of 2020. The Ombudsman, Jay Chalke, released his report entitled Extraordinary Times, Extraordinary Measures: Two Ministerial Orders Made Under the Emergency Program Act In Response To the COVID-19 Pandemic.
The Ombudsman’s report investigated two ministerial orders, M098 and M139, later to be replaced with M192, as I’ve already mentioned. Importantly, the Ombudsman concluded that these orders are contrary to law. They should have been invalid, since they overextended the authority of government.
The Ombudsman’s exact words were this: “The issue we investigated is whether those extra powers include the ability for the minister to suspend or temporarily amend B.C. statutes, and we concluded the minister does not have that authority, even in an emergency.”
Now, the Ombudsman did make a number of recommendations, five recommendations, to government in the report, including introducing legislation as soon as possible to validate the orders and to not make any further orders amending statutes unless the Legislature passes legislation authorizing such orders. Unfortunately, the government’s response, which came in the form of a letter from the Solicitor General….
I should just back up. The Solicitor General did revise Ministerial Order M139 into M192, but his letter in response to the Ombudsman’s report was concerningly dismissive. In his letter of response, the Solicitor General said: “We are of the view that the Ombudsperson Act does not provide jurisdiction for you to conduct an investigation into the ministerial orders in question.” In other words, we don’t recognize your authority here.
That’s very, very concerning. These ministerial orders and the resulting Ombudsman’s report are another unfortunate example of this government’s penchant for overextending its authority and dismissing the checks and balances that are in place to ensure that government remains open and transparent and that government’s actions are grounded in law.
With this bill translating many of the measures outlined in these ministerial orders into permanent law, we certainly hope that the minister realizes that to maintain public trust, government must proceed with greater accountability and consideration for B.C.’s laws and democratic processes — again, even in states of emergency.
With that, I appreciate the opportunity to offer comments today on Bill 10, on behalf of my opposition colleagues. As I said earlier, we very much look forward to discussing and debating, section by section, this bill further in committee.
Deputy Speaker: Seeing no further speakers, I invite the minister to close the debate on second reading.
Hon. J. Osborne: Thank you to the member opposite for the comments. I look forward to committee stage next.
I move second reading.
Motion approved.
Hon. J. Osborne: Now I move that the bill be committed to a Committee of the Whole House to be considered at the next sitting of the House after today.
Bill 10, Municipal Affairs Statutes Amendment Act, 2021, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.
Hon. D. Eby: I call second reading of Bill 11, Miscellaneous Statutes Amendment Act, 2021.
BILL 11 — MISCELLANEOUS STATUTES
AMENDMENT ACT,
2021
Hon. D. Eby: I move that the bill be now read a second time.
This bill includes amendments to the COVID-19 Related Measures Act, or CRMA, which was passed in July 2020. CRMA is designed to allow a smooth transition at the end of the state of emergency declared under the Emergency Program Act by avoiding an abrupt end to provisions that respond to and alleviate the impacts of the COVID-19 pandemic.
CRMA also provides authority for targeted protections from civil liability related to the pandemic to ensure that, where appropriate, fears of civil liability will not unduly discourage activity that promotes the province’s pandemic response and recovery.
Recognizing that the pandemic has continued and evolved, these amendments would extend CRMA’s repeal date from July 10 to December 31, 2021. Amendments would also streamline processes for reporting to the Speaker of the Legislative Assembly regarding regulations and ministerial orders made in relation to the pandemic and clarify several cross-references and existing regulation-making powers.
The proposed amendments to the Family Law Act clarify that family violence, as defined in section 1 of the Family Law Act, does not include an intention to harm a family member. As the definition of domestic or sexual violence in subsection 52.5(1) of the Employment Standards Act and the definition of household violence in subsection 45.1(1) of the Residential Tenancy Act are modelled on the definition of family violence in the Family Law Act, amendments to these acts are proposed to mirror the amendment to the Family Law Act.
There is a separate housekeeping amendment to remove the parentheses from six references in the Family Law Act to the Provincial Court (Family) Rules. This aligns with the updated title of the new Provincial Court Family Rules.
This bill also includes an amendment to the Clean Energy Act related to B.C. Hydro’s Burrard thermal facility in Port Moody. This 1960s natural gas–fired electricity generation plant was one of the largest point sources of greenhouse gas emissions until it was decommissioned in 2016.
The site provides an ideal opportunity for industrial redevelopment. However, the Clean Energy Act currently prohibits B.C. Hydro from considering opportunities to sell or lease all or a portion of the site because the facility is designated as a heritage asset. This bill would remove Burrard thermal from that list and allow B.C. Hydro to consider proposals for alternative uses of the site. Local First Nations have been consulted on the amendment, and those that have responded are supportive.
In addition to creating benefits for B.C. Hydro’s customers, alternate use of the site could support post-COVID economic recovery, which is why we are introducing this legislative change now.
Amendments to section 26 of the Motor Vehicle Act will enable the Insurance Corp. of B.C., ICBC, to refuse to issue drivers’ licences and vehicle licences for persons who have outstanding fines under the COVID-19 Related Measures Act or the Emergency Program Act. A total of 1,857 COVID-related violation tickets were issued between August 21, 2020 and April 23, 2021. As of April 17, ICBC has processed 1,373 of these tickets, for a total of approximately $956,000 owing to the province. Only 13 percent of this debt, or approximately $120,000, has been paid.
ICBC is currently sending unpaid COVID-19 fines to collections after 30 days, instead of the usual 12 months. However, debt collection remains low. Enabling refuse to issue will provide an additional debt collection tool that can be used to ensure that COVID-19 rulebreakers are held accountable by paying their fines.
Minor housekeeping amendments to section 26 of the Motor Vehicle Act will include…. References to repealed statutes will be removed. An omitted cross-reference will be added, and gendered language will be replaced with gender-neutral language.
Finally, this bill also contains a validation and confirmation provision for statute correction regulations, which made minor housekeeping corrections.
M. de Jong: Thanks to the Attorney for the summary here at second reading stage of the provisions contained within Bill 11. As is frequently the case with a bill of this sort and the various statutes that it purports to amend, the House will undoubtedly conduct most of its work in committee stage, posing questions to the Attorney and/or colleagues with responsibilities for some of the statutes that are impacted by these amendments.
For my part, I can say that it is my considered opinion that the House appreciates and understands that, confronted by the ongoing effects of the COVID pandemic, the rationale, in principle, at least, for the extension of the application of the COVID-19 Related Measures Act and the provisions that it contains through to the conclusion of the calendar year, which is what is proposed in the bill before us, makes an element of sense.
We will want to pursue with the Attorney specifically the significance of so doing and whether, in the intervening now 11 months, he and the government have anything to report with respect to the application of the provisions of the original Bill 19, COVID-Related Measures Act. Specifically, the Attorney has mentioned the targeted protections from civil liability that were provided by Bill 19.
The House, I think, would benefit from a description and information from the government and the Attorney about the degree to which those protections have been applied, necessary or otherwise utilized. Those are, of course, questions more properly put to the Attorney during the course of the committee stage debate that will follow.
Bill 11 contains, as we’ve just heard, some amendments to the Family Law Act and the Residential Tenancy Act, dealing specifically with the definition of “family violence.” The Attorney, I hope, will be in a position, in response to questions at the committee stage, to advise the House of the government’s rationale for including the change and to what degree the absence of intent from the present definition represented a constraint on the ability to afford protections to family members.
Again, these are questions that the Attorney, I’m sure, will be anxious to deal with in committee. We will, performing our function as opposition, want to ensure that there are no unintended consequences when one considers the myriad of unique circumstances that can apply in something as complex as a family relationship or a tenant-landlord relationship.
Having said all of that, of course, the House, I expect, is united in its belief that everything can and should be done to protect people from any displays of family violence, particularly the case with respect to the Family Law Act. We will pose those questions to the Attorney General and look forward to receiving his replies and more detailed descriptions of the amendments contained in Bill 11, sections 4 and 5 — particularly section 4 — to the Family Law Act and, in section 6, to the Residential Tenancy Act.
Again, as we’ve heard, the additional amendments proposed in Bill 11 to the Clean Energy Act and the Motor Vehicle Act, in the interest of time, I will encourage. I know my colleagues with specific opposition responsibilities in those areas will have a few things to say here, at second reading, with respect to the matters that they hope to canvass with the responsible ministers at the time we get to committee stage.
The Attorney has referred to the deletion of Burrard thermal from schedule 1 of the Clean Energy Act, and my colleagues will, in a moment, comment on the potential significance of that and on the nature of the questions that the government should anticipate receiving at committee stage.
Similarly, the use of ICBC as a collection agent with respect to COVID-related fines is something that my colleague from Prince George will have some thoughts on and will express them momentarily and, I know, will pursue with the responsible minister at committee stage.
I don’t think there are any surprises with respect to the course that the debate will take here in second reading, or in committee stage. To facilitate the further, more detailed exchange in committee, the opposition will certainly facilitate the passage of this Miscellaneous Statutes Amendment Act through second reading and into that committee stage for a more detailed examination.
M. Morris: You know, it has always been a bit of a hassle collecting fines and money owed to the Crown, for a number of different reasons here. One of the things I’ll be exploring with the minister when we get to this particular point under the Motor Vehicle Act is whether or not they’ve explored the use of the private sector in assisting in this regard. In the numbers that the minister spoke about — 13 percent of the total fines that have been issued so far have been collected — it leaves quite a big hole on the side owing.
We have a number of organizations in the province — the bailiffs, a number of agencies — that are probably in a pretty good position to do that. Having said that, it’s always good to see government evaluating the systems that we have in place right now and making adjustments to the processes as we move forward with different legislation.
Having spent over 30 years in law enforcement, I know full well the propensity of some members of our population to incur fines and pick which laws they’re going to obey and which ones they’re not going to obey and ignore the consequences of that. The number of fines that are outstanding probably add up substantially every year.
But what we have in this province and in this country is a constitution, and the rule of law prevails. If somebody, any member of society, doesn’t agree with the law that’s been enforced against them, they have a choice: they can pay the fine and pay the penalty that’s related to that, or they can challenge it in court and go through the due process that is laid out in this province and across the country that will allow them to determine whether that law is just. So merely deciding what law they’re going to obey or disobey — there are consequences to that.
I look forward to talking about this a little bit more during the committee stage, asking the minister some questions around the options that we have for collecting fines in this province.
I’ll just momentarily speak about domestic violence. I do appreciate where the minister is coming from in presenting the amendments that this bill outlines. But again, there will be a few questions. I’m sure my colleague that just spoke earlier will probably highlight some of those during the committee stage.
I look forward to popping the hood open on this one and seeing where it leads.
T. Shypitka: Speaking to the part of the bill now, the amendment in Bill 11 pertaining to schedule 1 of the Clean Energy Act, it identifies removing Burrard thermal generating station from the list of B.C. Hydro’s protected heritage assets. The list of 36 B.C. Hydro assets that were placed under protection from being sold through the Clean Energy Act, basically, was to solidify B.C. in retaining its electricity self-sufficiency.
Burrard thermal was built one year before I was born. I’m not going to say what year that was, but it was a long, long time ago. It was a natural-fired power plant, as the Attorney General has stated. At the time, it provided about 9 percent of the province’s energy needs, almost exactly, coincidentally, what the Site C project represents today.
It was placed under heritage protection by the B.C. Liberal government in case it was needed for emergency power generation use. Burrard thermal did provide emergency power until about 2016 to the Lower Mainland. Now it continues to provide voltage support and stability for B.C. Hydro’s transmission and distribution of electricity in the Lower Mainland.
If the asset is to be sold off, it would be good to know a couple things, as this is a public asset paid for by the taxpayers of British Columbia. There’ll be some questions in committee stage for sure: the transparency of the sale, to whom it’s sold, conditions and intended use.
What was the level of participation with First Nations and the obligations to consult and accommodate First Nations? What will the proceeds of the sale be used for? What does this mean for electricity self-sufficiency in our province? Does it jeopardize emergency provisions if needed for failing electrical systems?
What happens to the shortfall of grants in lieu of taxes from B.C. Hydro to the city of Port Moody as well as the loss of school taxes on the property, which is remitted back to the province? This will be about $300,000 annually.
I’d like to see this asset repurposed to facilitate a similar role, backing up the grid for emergency power with new cleaner solutions. I believe the power that has replaced Burrard thermal comes from the Mica generation station, well over 700 kilometres away. So there are some issues with that on stability of emergency power use in the province.
We’ve seen a lot of things happen around the world: equipment failure, geomagnetic storms can happen and then climate change, of course — firestorms, high winds, ice storms. We’re reminded quickly of what happened in Montreal in 1998. It was one of the worst natural disasters in Canadian history. Close to four million people were out of power for weeks on end. Thirty-five people died. There were thousands injured, and 600,000 people, including seniors, were moved out of their homes to hotels and other shelters that had emergency backup. It was a real shocker for a lot of people. It was devastating. It came at a cost. It was a cost of about $5½ billion in insurance claims and things like that.
We don’t have to go farther than that. Last February, in Texas and throughout the States and even northern Mexico, we had winter storm Uri that swept across. Power outages cost about $195 billion and affected ten million people. It was quite a weather event.
I worry about some of these things, going forward, but these are the things we’ll get into in committee stage. As the member for Prince George–Mackenzie said, we’ll pop the hood off on it, and we’ll take a look at it in a deeper dive.
With that, I have no more comments on this bill.
Deputy Speaker: We’ll take a two-minute recess.
The committee recessed from 3:26 p.m. to 3:27 p.m.
[N. Letnick in the chair.]
R. Glumac: Sometimes the smallest change can have the biggest impact. This small amendment to the Clean Energy Act, to remove Burrard thermal from the list of heritage assets, could have far-reaching implications in the fight to combat climate change. This amendment will allow B.C. Hydro to pursue alternative uses for the decommissioned Burrard thermal site. It has been underutilized since being shut down by the B.C. Liberals in 2016.
Burrard thermal operated as a fossil-fuel-burning plant for over 50 years. While running at full capacity, it could generate enough electricity to power 10 percent of the province. I remember hearing stories of the pollution that was produced by that facility, especially in its early years. In its last few years, it was operating strictly as a standby plant, providing emergency power or peaking power for a few days in the winter, when demand was at its highest.
When it was shut down, the city of Port Moody lost an annual $1.3 million tax grant, which was an incredible financial burden for the community. That single facility made up 2 percent — close to 3 percent, actually — of Port Moody’s tax base. This amendment would allow for new opportunities to be considered for those lands. This could not only restore the lost tax revenue for the community, but it also will support providing good-paying jobs in the community and a strong post-COVID recovery.
Ever since I was elected in 2017, I could see a brighter future for this facility. I could see how we could move away from the fossil-fuel-based past into a sustainable clean energy future. A year after I was elected, in 2018, we introduced CleanBC in an effort to shift homes, vehicles, industry and business off of fossil fuels towards renewable energy. Because of these efforts, B.C. is becoming a destination for new investment in carbon-reducing technology and lower-carbon products. The world needs new clean technology, and Burrard Thermal lands is a great place to develop that technology.
[S. Chandra Herbert in the chair.]
Already, B.C. is a leader in clean energy innovation. There are companies doing innovative work in many areas, such as renewable energy, energy management, energy efficiency, clean transportation, hydrogen and fuel cells, and improving industrial processes to make industry cleaner and greener.
In fact, there are about 300 clean tech companies in this province, employing over 16,000 people. B.C. is a home to a quarter of the clean tech companies in Canada and always has a large presence on the list of Global Cleantech top 100 companies, which lists the top companies in the world with the most innovative and promising ideas in clean technology.
The clean tech industry generates over $3 trillion of economic activity per year globally. Some of the companies that are doing this work are looking for a place to scale up their operations or create a demonstration project to prove out their technologies. B.C. has the right kind of environment to promote this kind of innovation, and we’re providing historic investments in climate action through CleanBC.
In Budget 2019, we committed $900 million to CleanBC. In 2020, another $420 million was committed. Then, with the introduction of StrongerBC, our economic recovery plan, we committed a further $220 million and, in this budget, another $500 million. That’s a total of over $2.2 billion committed to shifting towards a low-carbon economy.
CleanBC has set the foundation for a strong and sustainable economic recovery and a bright future for all British Columbians. In addition, we’re creating a bold new strategic investment fund called InBC. This $500 million fund will be used to support B.C.-based businesses to drive forward innovation, sustainability and inclusiveness and further the goals of CleanBC.
The time is right. The time is right to find opportunities. The time is right to further the goals of addressing climate change. The time is right to unlock the potential of Burrard Thermal. Already, many companies have been approaching B.C. Hydro to inquire about leasing the lands. This includes everything from hydrogen development to carbon sequestration projects.
I’ve spoken to some of these companies myself in my previous role as Parliamentary Secretary for Technology. I’ve been working closely with the Minister of Energy, Mines and Low Carbon Innovation to help bring this amendment forward today. Last year I hosted the Premier in touring through the facility, and the potential was obvious. There is no other site like this in B.C., with its close proximity to high-voltage clean electricity, its water and port access, its industrial zoning and location away from residential areas.
I’m excited to stand today in the House and support this bill. The possibilities that this legislation unlocks are very exciting. I’m a hopeful person, but hope alone doesn’t change the world. I know that the next generation is facing an uncertain future with climate change. I know that we need to take every opportunity that we can to support an economy that moves away from carbon. We need to support innovation to do that. One breakthrough in clean technology could change everything. That breakthrough could happen on the Burrard Thermal lands.
G. Lore: I’m very pleased to rise virtually today for what is, hard to believe, my first time speaking to legislation in this House. While life has delayed me a little from being here, I am compelled to stand in support of this legislation.
While the title Miscellaneous Statutes Amendment Act, 2021, may do little to grab attention, its content, particularly as it relates to the Family Law Act, directly affects the lives of British Columbians. Amendments to the Family Law Act reflect our belief that there are no conditions under which violence in the family, whether physical, sexual, psychological or emotional, is acceptable.
The changes clarify that when it comes to determining whether behaviour constitutes family violence, it is simply irrelevant whether the person responsible intended to harm their family member. This definition affects protection orders and impacts court decisions that determine what is in the best interests of a child. This means that physical violence directed at a partner is never acceptable, regardless of a perpetrator’s expressed rationale.
These changes mean that emotional or psychological abuse related to a child’s sexual orientation, gender or gender expression is violence, even if the caregiver makes claims of wanting what is best for a child. This is the exact circumstance that led to this change being necessary. This change will ensure protection orders are available and court decisions can protect children if caregivers use violence under the guise of care, discipline or teaching.
When the limited definition was made clear, we acted quickly to incorporate this amendment into the statute. Those at risk of and those targeted for gender-based violence and family violence cannot wait.
Amendments are also proposed to change the definition of domestic or sexual violence in the Employment Standards Act and the definition of household violence in the Residential Tenancy Act. The changes to these definitions will mean that those accessing leave from employment or who are leaving their homes to seek safety will be able to do so.
I’m proud to voice my support for these important changes and thank the Attorney General for his quick action to ensure support for survivors of family violence.
Deputy Speaker: Seeing no further speakers, I recognize the Government House Leader, the Solicitor General, to close debate.
Hon. M. Farnworth: I want to thank members for their thoughtful comments during the second reading debate. I know the Attorney General will look forward to answering questions during committee stage.
With that, I move second reading.
Motion approved.
Hon. M. Farnworth: I call committee stage, Bill 8.
Deputy Speaker: Minister, I believe you need to commit the bill to a Committee of the Whole House for the next sitting after today.
Hon. M. Farnworth: Sorry. My mistake. So enthusiastic about moving my own bill.
I move that the bill be referred to a Committee of the Whole House at the next sitting of the House after today.
Bill 11, Miscellaneous Statutes Amendment Act, 2021, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.
Hon. M. Farnworth: Now I call Bill 8, committee stage.
Committee of the Whole House
BILL 8 — PUBLIC SAFETY AND
SOLICITOR GENERAL STATUTES
AMENDMENT ACT, 2021
The House in Committee of the Whole (Section B) on Bill 8; S. Chandra Herbert in the chair.
The committee met at 3:39 p.m.
On clause 1.
M. Morris: I’m only going to have a couple of questions on this particular bill, but they will pertain to all of the clauses in the bill itself.
The Chair: We’ll just be on a recess for a short moment. Thanks, everyone.
The committee recessed from 3:39 p.m. to 3:41 p.m.
[S. Chandra Herbert in the chair.]
M. Morris: I’ll make a couple of general comments that are applicable to clause 1, and I’ve got a couple of questions that will be applicable to clause 1. Depending on the answers, we might be able to get to clause 60 in due haste here.
I’ve gone through the bill with a fine-tooth comb. It pretty much reflects the existing regulations that have to be replaced and, of course, the Vancouver liquor component that’s bringing Vancouver in line with the rest of the province. I do want to ask a question regarding clause 1. Being that the minister is aware that illegal cannabis retail is taking place on First Nations reserves, did the minister consult with First Nations, with respect to the declaration act, regarding all of the clauses under this particular bill?
Hon. M. Farnworth: I appreciate the question from the member.
As there’s no change to any existing government policy or regulations, there’s no requirement to in fact consult under DRIPA. The regulations stay the same and as they are.
That being said, we did notify all treaty nations, and we did notify the FNLC and their staff. There were no concerns or issues raised with what we were bringing forward.
M. Morris: Just a follow-up to this, then. There are some substantial…. As a previous enforcement officer, I like what I see in the bill on what the police have available to them.
As there are a number of illegal or unlawful cannabis operations, reportedly, on many of our First Nations reserves, and this bill will affect their ability to continue on in those operations in a legal capacity, I’m wondering whether your ministry has touched bases with any of the First Nations that are currently operating outside of this bill to advise them what the consequences would be to continue to operate once these provisions are added to the cannabis act.
Hon. M. Farnworth: The community safety unit is in regular contact with First Nations right across the province. When First Nations were notified of these changes, they were informed that this legislation now goes from the regulations that were, in essence, there: “This is how the legislation works, and this legislation now makes them permanent.” What’s clear is that what may have been perceived as being temporary is in fact now permanent.
M. Morris: The second question I have, then, other than the ones I may ask in respect to any answers I get here: can the minister confirm that this bill — and, subsequently, the Cannabis Control and Licensing Act — is a law of general application and is enforceable on First Nations reserves?
Hon. M. Farnworth: Yes, it is.
M. Morris: There were no red flags in the development of this particular bill moving forward? There’s no hesitation with respect to enforcement by the community safety unit in enforcing these on First Nations lands across the province?
Hon. M. Farnworth: That would be correct. We don’t have any red flags around these changes.
M. Morris: Chair, that’s the extent of the questions that I have. You know, it’s a very strong bill. It certainly adds some strength to the Cannabis Control and Licensing Act for the province here. I look forward to the diminishment of illegal cannabis sales on First Nations reserves and throughout the province here.
From clause 1 to clause 60 — I don’t have any issues with it.
The Chair: I will just ask, to be completely fair and to make sure everyone gets a chance…. If there are any other questions between 1 and 60, now’s the time. Otherwise, I’m going to call a vote on those.
Clauses 1 to 61 inclusive approved.
Title approved.
Hon. M. Farnworth: I move the committee rise, report the bill complete without amendment and ask leave to sit again.
Motion approved.
The committee rose at 3:52 p.m.
The House resumed; Mr. Speaker in the chair.
Report and
Third Reading of Bills
BILL 8 — PUBLIC SAFETY AND
SOLICITOR GENERAL STATUTES
AMENDMENT ACT, 2021
Bill 8, Public Safety and Solicitor General Statutes Amendment Act, 2021, reported complete without amendment, read a third time and passed.
Hon. M. Farnworth: I call continued second reading debate on Bill 7, Electoral Boundaries Act.
[S. Chandra Herbert in the chair.]
Deputy Speaker: We’ll just take a short two-minute recess to make sure that all the ducks can be put in order again. Thanks, everyone.
The House recessed from 3:55 p.m. to 3:57 p.m.
[S. Chandra Herbert in the chair.]
Second Reading of Bills
BILL 7 — ELECTORAL BOUNDARIES
COMMISSION AMENDMENT ACT, 2021
(continued)
M. Morris: Our Charter of Rights and Freedoms will be 40 years old next year. When it came out in 1982, I’d already been policing for nearly ten years. I remember the debate, both for and against the changes, wondering what all the fuss was about because I thought we had one of the best charters in the first place.
Over the past 40 years, I’ve taken a keen interest in Charter challenges, of course beginning with criminal law, because that’s what I was immersed in at the time, and listening to the other constitutional challenges that came along. I can confirm that after my 40 years of witnessing the transitional jurisprudence and legislative changes, we do, indeed, have one of the strongest constitutions in the world.
But the floodgates to challenging every law in Canada were opened at that particular time, and I remember that. Just about everything we could think of was being challenged. Thousands of cases during the early decades of the Charter defined our future, all premised upon a single section of the Charter that states that the Charter “is the supreme law of Canada” and any law that is inconsistent with the provisions of the Charter “is, to the extent of the inconsistency, of no force and effect.”
The laws around electoral boundaries were not spared and fell under the microscope of the courts and the Supreme Court of Canada for clarification and refinement. The courts have determined that in Canada and, of course, in British Columbia, our electoral system is not based upon one person, one vote, but based upon the relative equality of voting power in each electoral district.
In a Supreme Court of Canada case referenced as Dixon, a B.C. case from 1989, the court determined that departure from the ideal of absolute equality may not constitute a breach of section 3 of the Charter so long as the departure can be objectively justified as contributing to better government. Of course, section 3 of the Charter gives every citizen the right to vote.
Some have argued that anything other than one person, one vote would be an infringement of that Charter right, but the Supreme Court of Canada has determined that an infringement of a Charter right can be justified if pressing and substantial concerns are met. The court has ruled that the objectives of ensuring that geographical and regional concerns are reflected in electoral boundaries to the end of ensuring better government, they’re valid and meet the pressing and substantial test.
When the Dixon case was heard by the Supreme Court of Canada, the Attorney General for B.C. cited five factors that justified giving greater weight to rural votes. First was special interests of rural residents, such as environment, conservation, transportation and resources, all vital to the survival of British Columbia.
The environment is critical for everything that happens in this province. Of course, conservation, of which I’m a big fan. Transportation — we have thousands of miles of highway. We have 700,000 kilometres of resource roads in rural British Columbia. And, of course, our natural resources. We are a province blessed with a diversity of natural resources that sustain the economic fabric of this province.
The second was difficulties in communicating with electors scattered throughout large areas. Some of us, you know, myself…. It probably takes about three or more hours to drive from one side of my constituency to another. Others have greater distances than that. But in today’s world and today’s time, of course, we have other critical factors of communication. A lot of our communication is web-based. If we don’t have the capacity, in rural British Columbia, to enter into the various websites to access government services, then that’s a hindrance for those particular communities.
The third was the wider range of problems with which rural members are required to deal: our snow storms, getting from point A to point B and spring freshet flooding. A lack of services in many of the areas is paramount.
Of course, that goes into the fourth reason, which was lack of access to medical in rural areas. Northern Health covers 75 percent of the province and is the only health district in British Columbia that does not offer cardiac services to 80 percent of the people. My mother-in-law had a heart attack a number of years ago, and she had to be medevacked down to Vancouver for cardiac services. Then we had to drive down to pick her up and bring her home again. Those are things that people that live in the urban areas of British Columbia don’t really have to consider.
That leads to number five, which is the limited availability of resources and advisers to rural members of the public. The court, at that time, in Dixon, agreed that all those factors related to regional interests or geographical concerns were valid.
As I said, the world has changed since these five factors were recognized over 30 years ago. The 25 percent population deviation recognized in our current legislation was premised on a recommendation made nearly 35 years ago by Judge Fisher, the commissioner who conducted the Royal Commission on Electoral Boundaries for British Columbia in 1988. In my review of Judge Fisher’s reports, I could find no formula or metric involved in making that 25 percent determination. It appeared that it was more arbitrary in nature than anything else.
The population of B.C. has increased substantially over the past 35 years, with much of the growth attributable to people immigrating from other areas of Canada and countries around the world. Most immigrants to our great province move into the 21 municipalities that comprise the Metro Vancouver area.
Metro Vancouver has 51 percent of B.C.’s population but occupies 0.3 percent, one-third of 1 percent, of British Columbia’s land mass. The 13 municipalities within the capital regional district have 9 percent of B.C.’s population while occupying only 0.2 percent, 0.2 of 1 percent, of B.C.’s land mass. In other words, 60 percent of British Columbia’s population inhabits one-half of 1 percent of the land mass of British Columbia. Pretty substantial.
Many of the urban populations in these two jurisdictions…. It’s the residence for these newcomers to our province, and they have little to no knowledge of the areas of our province outside of Metro Vancouver and the capital regional district.
I’ll go back. I was out for a meal in Vancouver here, two or three years ago, with a relative. We were being served by this young person — young person to me, anyways. They were probably around late 20s, early 30s. She asked where we were from, and the person I was with said they were from Yaletown. They had a pretty good conversation about the various areas in Vancouver to live.
She asked where I was from, and I told her I was from Prince George. She said: “Where’s Prince George?” I said: “Well, it’s about 500 miles north of Vancouver.” She asked me if there was a road to Prince George. This individual…. We had a nice chit-chat with her. She had been in Vancouver for about eight years, and she had moved in here from Toronto. So there is a lack of understanding of what British Columbia is and how big we are. A lot of people don’t fathom the size of British Columbia.
But as with most people, interests tend to be regional in nature, except instead of hundreds scattered around the province who share regionally focused issues, there are hundreds of thousands located on less than half of 1 percent of our land mass sharing regionally focused issues, most likely issues that are focused within one half of 1 percent of the land mass. When you look at Metro Vancouver with 21 municipalities, several MLAs within that complete area also represent almost similar issues amongst those 21 municipalities.
As our dense urban populations realize greater economies of scale, on a greater scale from the services of those 21 municipalities and the 13 municipalities in Vancouver, a lot of the services that are provided in those regional areas are provided by the municipal governments — many of the bridges, many of the other facilities that we have here and transit. B.C. Transit, as well, provides a lot of the services to those communities. B.C. Transit services like SkyTrain and the Canada Line make it possible for people to get around without even owning a vehicle or having a driver’s licence.
The economies of scale on this 0.5 percent of the land mass that holds 60 percent of our population…. The economies of scale make it possible for entities like cellular service providers, fibre optic and high-speed internet services to provide competitive superior products to what we get in rural British Columbia. The economies of scale relating to professional services like medical specialists, laboratories, engineering, advanced education, counselling and others that are limited or completely absent in many areas of British Columbia….
I’d like to once again reference the Dixon case. It was one of the first cases the Supreme Court of Canada heard that challenged section 3, the guarantee of the right to vote, in British Columbia here. The court recognized and accepted a list of core values that form part of the guaranteed right to vote under section 3.
The first one is the right not to be denied the franchise on the grounds of race, sex, educational qualifications or other unjustifiable criteria; the second, the right to be presented with a choice of candidates or parties; the right to a secret ballot; the right to have one’s vote counted; the right to have one’s vote count for the same as other valid votes cast in a district; the right to sufficient information about public policies to permit an informed decision; the right to be represented by a candidate with at least the plurality of votes in a district; the right to vote in periodic elections; and the right to cast one’s vote in an electoral system which has not been deliberately engineered to favour one political party or another, which is the basis of this bill and the subsequent act.
The court added a tenth core value in the Dixon case: that equality of voting power is fundamental to the Canadian concept of democracy. The equality of voting power.
The Supreme Court continued to refine section 3 in another court case in 1991. The reference case is province of Saskatchewan electoral boundaries. The court determined: “The purpose of the right to vote enshrined in section 3 of the Charter is not equality of voting power per se but the right to ‘effective representation.’ The right to vote…comprises many factors, of which equality is but one,” as I related in the ten core values earlier on.
The court in reference stated: “Deviations from absolute voter parity…may be justified on the grounds of practical impossibility or the provision of more effective representation. Factors like geography, community history, community interests and minority representation” need to be considered “to ensure that our legislative assemblies effectively represent the diversity of our social mosaic.”
Although population plays a major role in pursuit of relative equity and voting power, I must comment on this government’s insistence that the protection of northern electoral districts be removed to provide a commission with more independence. The Supreme Court of Canada in Dixon stated: ”The process of adjusting for factors other than population is not capable of precise mathematical definition. People will necessarily disagree on how important a region grouping is to the boundary of this riding, on how significant problems of serving constituents are in that electoral district. It is for the legislatures to make decisions on these matters and not for the courts to substitute their views.”
I have faith in the role of the commission. However, I also want to recognize that the B.C. Liberals recognized the critical importance of regional groupings and geographical importance long ago — something that this government still fails to recognize. Although 60 percent of our provincial population resides on less than half of 1 percent of our land mass, in what many would agree is the most temperate area of our province — the abundance of natural resources around our province is critical in supporting that area.
The only source of natural gas in British Columbia, used for multiple industrial and commercial applications, residential heating, originates in northeast B.C., pumped through thousands of kilometres of pipe, through every existing rural riding and many urban ridings to the most southerly area of our province and into the United States.
There are dozens of maintenance facilities and hundreds of workers located from north to south in this province ensuring the pipeline and compressor stations operate flawlessly to ensure delivery to British Columbia. One only needs to look back a couple of years to see how one single incident in Prince George shut down the supply of natural gas for southern B.C. and the northwest United States for weeks.
Forty percent of British Columbia’s hydroelectricity originates in northeast B.C. and travels through thousands of kilometres of transmission lines, connecting all British Columbia, including Vancouver Island, with 98 percent clean energy — the envy of many jurisdictions worldwide. Thousands of people are employed in all corners of B.C. to ensure power shortages and outages are mitigated and addressed immediately.
North, south, east, west, railways pass through my riding in Prince George, hauling millions of tonnes of metallurgic coal, copper, gold and other minerals and wood products to shipping facilities in Metro Vancouver or other deep-water ports in B.C. These products are critical in providing B.C. residents with the technology and communications necessary in our modern world.
I often think how many folks in British Columbia take for granted the cell phone that’s in their hand, the computer that they operate every day, the electricity that flows into their homes and their businesses, flowing through aluminum lines, the copper that is embedded in our cell phones, the rare earth metals that are embedded in our cell phones that provide the technology to make urban British Columbia — and all of British Columbia, for that matter — operate.
Highway 97 runs for over 2,000 kilometres, from the most southern end of our province to the northern boundary with the Yukon, with about 300 kilometres of that highway in my riding. There are thousands of bridges, culverts and overpasses built and maintained by the province, employing thousands of people that are necessary for the safe movement of goods and services across our province.
The essence of what I’m trying to say…. When we look at the population that we have on that half of 1 percent of the land mass of British Columbia…. There are a number of people that have no idea what happens outside of that location.
When you have a number of MLAs all advocating for that new hospital in Surrey or that new hospital in Richmond or new schools and some of these other facilities in some of these other jurisdictions, to the detriment of the very few of us in rural British Columbia who are trying to argue for those same sorely needed resources that we have in the province…. Oftentimes our voices are lost in the din that we hear in this House from time to time.
I’m hoping that the independent commissioner that will be taking on a review of the electoral boundaries across British Columbia is going to be a very learned individual and that the people that will be assisting him or her on that commission will certainly be as well. I hope they look at those regional and geographical differences that we have in British Columbia and make the right decision when it comes to determining those electoral boundaries.
We have vast areas of this province that are very difficult for us to service. My riding is a mixture of urban and rural, of course, with the city of Prince George being the largest centre in the interior of British Columbia. I have the community of Mackenzie a couple of hours north, which has a tremendous amount of issues with high-speed Internet access, particularly in these times of COVID, when a lot of government services have gone to online services rather than in person.
Education is another factor. They struggle with getting a lot of the services to supply to Mackenzie, to Bear Lake and to some of the other smaller communities that we have here.
Those are the things that really need to be taken into consideration. The voices of the many, the 60 percent of the population that resides on 0.5 percent of the land mass in British Columbia, make a lot of noise and for good reason. That’s where most of the people move to. But we can’t exclude the rest of the province as we go through here.
Mr. Speaker, I’m looking forward to further discussion on this. I’m looking forward to an effective commission looking into the electoral boundaries in British Columbia.
B. Stewart: It gives me great pleasure to rise on this particular bill and the topic it represents because it is important.
I think about the diversity, as the member previously, from Prince George–Mackenzie, has just described. That is only a small snapshot of the vast regions and ridings. As he said, Prince George is the most populous in the northern half of the province, yet it represents a huge amount of area. One of the things, when he’s speaking….
I think about the diversity and the range of different things that are happening in our province. I’ve had the good fortune to live in a few other places besides where I currently live. Most people don’t know that I resided in Kitimat for a period of time back in the ’70s. I got to know areas that I had no idea…. I drove to places up Highway 37, up to Dease Lake, Stewart and, of course, the infamous Hyder.
More importantly, having travelled as a member of government as well as an opposition member…. I know we look forward to the Committee on Finance and Government Services talking to people this year about their specific needs. I think that one of the things I have done is travel extensively up into the northeast, up to Fort Nelson, up to Dawson Creek, just the differences geographically and what’s going on there. I think that if there was less representation in some of those areas….
It is a concern to many of the people that are trying to do things to have people that actually can come to Victoria here, in the Legislature, and talk knowledgably about things that are going on in that area. These areas are vast already.
I see the member for North Coast is online here. Her territory is another area. We used to get out of Kitimat and go to Prince Rupert, thinking it was kind of like the capital of the north, and maybe it was. Anyway, I have to say that I respect the fact that having been on Haida Gwaii and up to the coast, the territory that I used to have to cover as a representative for the company I worked for went all the way down to Bella Bella, Klemtu and many of the other communities on the coast, really only accessible by boat or by floatplane.
You can’t underestimate what it takes…. Of course, in those days there were less floatplanes and things like that around, but I have to say that it’s one of the things that I think we cannot underestimate. When I travel in my riding, it’s not very rural, although it takes me over an hour to drive from one end…. My riding starts at the north end of Lake Okanagan up next to the Okanagan Indian Band’s boundary and all the way back down into West Kelowna, where Westbank First Nation and the city of West Kelowna are, but it also stretches into Kelowna almost out to Orchard Park on the west side of Highway 97, and it’s very populous.
You know what? We’re a busy office. We have two staff that work very hard to make certain that they’re dealing with constituent issues. There are many of them. I know that many of the members that are in urban settings probably have a similar situation, but there are places, I’m sure, in urban British Columbia where the boundaries are so close together. I’m thinking, if I lived in downtown Vancouver or on the west side…. Where are the boundaries, etc.? You kind of need to know the geography, etc.
Maybe it’s a little easier in the situation I’m in, but there are people that are living in places like Smithers, Houston and Burns Lake, as the member from Nechako Lakes talked about. I’ve driven through his riding, and it takes a long time. Then going into New Hazelton, Hazelton, all of the way up to some of the other areas where other members that are in this House represent, it’s a vast territory. That’s just the highway system.
What about the other off areas, especially in the areas like north of Terrace, where there’s a fair amount of mineral development? I know that we have quite a bit going on in those areas — all the power to those people — but if you’re trying to develop something in those areas, that takes a lot of consultation, a lot of understanding of what it’s going to be like. How is the ore going to be mined? How is the security of the new goldmines up there? How are they going to ensure they can actually get the product to the marketplace in a form that it’s not hijacked or whatever else? People don’t appreciate that.
I look at the success when we put in the northwest transmission line to help bring electrification — hydroelectric power — to parts of the province. We haven’t even scratched the surface on some of that. I know that many of these places…. I remember independent power production in Atlin, of all places. It’s a small community that was running on diesel-operated electrical power.
Without somebody that actually knew that area, knowing why it was important, etc., we might not have known the First Nations that were dependent on that and how we could change run-of-the-river power into something that would give them a supply of clean energy, rather than having to truck diesel all the way up into these places. Now, I can’t say that I’ve personally visited Atlin, but I’ve been all the way up to Dawson City, and I’ve driven way into Alaska. I have to tell you that there are vast resources up there.
More importantly, we have to have people that know something about the area and the impacts on that. It can’t be just kind of somebody down in the most populous part of the province who has never even travelled north of…. I’m sure that many have travelled outside of the Fraser Valley, but I think of the fact that most will not have travelled to some of those places like Fort Nelson and Dease Lake and places that I’ve had the opportunity to visit. So I think it’s important.
I know that probably the cornerstone, or the pieces in this legislation that probably could easily be overlooked, is the fact that these rural areas in the northeast, the northwest, the Kootenays and maybe even in other places in between — you know, Fraser-Nicola…. I’ve been with the member for Fraser-Nicola and travelled to every point in her riding, and it took me a day of driving just to go over to Lytton and then up to Lillooet and then back up to Cache Creek. It’s a lot, and there’s a lot going on there, and you need to understand the communities.
These communities are relatively small, but they’re no less important. The fact is the idea that somebody from Lillooet would have to maybe go to Kamloops, or they’d be tagged onto somebody maybe in Williams Lake, etc.…. It’s not particularly well known, I’m sure, as it isn’t to me, to know all about those communities, other than I had the good fortune of going through and doing all those communities when we had the Olympic Torch Relay. I know the member for Fraser-Nicola in the day and I travelled together celebrating that excitement.
But the more important thing about it is we did some things during the Olympics, not only the torch relay but a lot of live sites. The reason we did that was because we needed to bring British Columbia together. A lot of people asked us at the time why we would put the Olympics in Vancouver or Whistler or whatever. It was about them discovering British Columbia.
We’re talking about it on the TV right now. We’re talking about travel in British Columbia as the pandemic starts to allow people the opportunity to travel. But there is so much to discover. The bottom line is there are a lot of people that I know that are relocating into my riding because they’ve decided: “Hey, I can do things differently. I can live in a place, given the Internet that is lacking in many places.” I do commend the government and the federal government for making it a priority, but we need to do more.
We need to make certain that people can make a living and live in places that are remote and do a lot. But the reality is that it does help to make certain that we don’t think of the fact that people won’t be able to find affordable housing in these communities. They certainly are not finding it in the Lower Mainland. I mean, in Vancouver, the average cost of a house is near $1 million. It completely precludes an entire generation or two. As the member from Chilliwack, I think, said, his generation may be the last to own a house.
I only worry about the fact that there are generations that could lose that ability. We need to give them the tools to be able to move to maybe Grand Forks or north into the Cariboo and discover what’s going on in Cariboo North and things like that. But it is a vast amount of territory. We need to have a reasonable way to bring those ideas and solutions to the Legislature.
I think population is important, and I know in my particular riding, it’s one of the most populous ridings in the province. I don’t begrudge the fact that we’ve got more. Maybe we should take on more in urban areas. The percentage rule that has been talked about, the 25 percent variance, etc…. I think that we’re not using enough of that in urban areas, and I think that we need to make certain that we are reasonable about geographic differences in many of the rural ridings of this province. Geographic differences don’t just mean along Highway 97 or the corridor that heads up into the north part of the province.
I really want to make certain that this is done with a reasonable degree of transparency, where the people that are living in those areas feel that their input is valued. The fact is that a reduction for perhaps maybe some mathematical formula — does that make sense? Is that really the way that this province is operated?
We’ve built railways to the north. We’ve opened up natural gas supplies in the northeast. We’ve opened up minerals and forest products all across the province, creating value in terms of British Columbia. Having been on the other side of the Pacific Ocean looking at what we have to offer to other nations that we do trade with…. We are a trading province. We’re a trading nation. That is important.
[N. Letnick in the chair.]
I know that this government has decided to operate trade differently than when I had the opportunity to be involved. But I can say that the reality is that their voices, the importance of doing deals, whether it’s First Nations…. I can remember dealing with the Lax Kw’alaams, who had a project that was linked in with TransCanada gas in terms of LNG and being able to tie into supply that they were bringing up north. They were actively looking, and they needed help. It’s not a huge community, but they came. They got the same attention and support as any other community. It happened to be a massive British Columbia company that was selling forest products over there.
This was a First Nation that came to our offices in Beijing, and we helped them open up. They needed representation. That’s one of the things that has happened, in my opinion, with the representation in Asia. We thought: “Well, we could do it cheaper and easier, or we could just hive that off and give it to the federal government.” That’s not the way it works. Over time, the rule of diminishing returns takes it into account. It’s important that people in British Columbia not feel forgotten or left behind. That’s one of the things.
As we have heard today, on this day where there’s a tragedy — where, I guess, the evidence has come forward on what happened in Kamloops with the residential school — I think it’s important that we make certain we don’t lose sight of the fact that many of these communities in these rural and remote areas need to make certain that they have somebody there that’s questioning why things are going on: “Why is the government doing this? Why are they allowing this to happen?”
I think one of the things…. I look forward to healthy and respectful debate, and I say “respectful” because I think that with the commissioners — the chief justice, the Chief Electoral Officer and the third person yet to be named — the bottom line is this: how will they view these areas? I suspect that if they were experienced in travelling the province, in seeing the differences in what these communities are built like….
I had that opportunity during the mid-term timber supply committee back in, I believe, 2012. We travelled to 30, 40 small communities that need a say at the table here — Dunster, Valemount, McBride, Quesnel. Not that Quesnel is small, but there are many communities counting on not being left behind in the economy. The economy is not across the water, over in the Lower Mainland. A part of it is: the universities. But we need to continue to invest in these areas to bring them the opportunity. As the member for Prince George–Mackenzie said: in the Northern Health Authority, there are no cardiac services in their area.
I know that in Kelowna we’re working on a stroke clinic — more than that, a centre of excellence — at the Kelowna General Hospital. We should aspire to that for people that are in the north. They already have vast differences. Medevac or not, that doesn’t help when time is of the essence. We need to make certain that we continue to remind people in the lower part of this province that we need to have services there. It costs more money to deliver services there because there’s less population to spread it across.
The province in the north would not be where it is today if we hadn’t invested in UNBC; come up with a way of distributing some of the wealth that was occurring from the oil and gas industry into Dawson Creek, Fort St. John and Fort Nelson; or had other opportunities to make communities better, whether it’s Williams Lake, Quesnel, Smithers, Houston, Burns Lake.
We rebuilt in those communities, like after the Burns Lake fire. We really need to make certain that they’re not just a footnote, like communities that were part of the overall gold rush, in the sense that they were there and then they disappeared, etc. I think we need to ensure that there is adequate representation. That’s one of the things that I’m really wanting to make certain of, and I will be there to make certain that we raise the questions. I’ll be doing the same thing in my constituency to make certain that the people that are represented in Kelowna West don’t forget about the other parts of the province.
They may have come from there, or they know there are many things we’re benefiting from, from the things that they bring to the province. For those resources that I talked about, whether it’s in First Nation communities on the coast and inland or natural gas, etc., those tax revenues are significant. They matter to everybody in the urban areas. We need to make certain that we’re doing our job and that we continue to invest in their interests and the fabric of those communities. That’s not going to happen if we take away from those areas and say: “Well, you don’t really have enough population.”
In Houston, I believe, Canfor has got one of these huge sawmills. It’s called a supermill. The amount that it processes…. I don’t know the numbers of millions of cubic metres of logs they process, but they do it with a couple of hundred people. I’ve been told that that mill would have been ten times that size had it not been for technology and advancements that were, maybe, developed at the coast. There needs to be an understanding that to grow the population, we need to make certain we create opportunities.
Value-add is a good example. Outside of Burns Lake, we looked at all sorts of value-add in the forest sector. I know this government has spoken to that. I know that First Nations want to be a part of that — it’s important — but we need to make certain that we continue to find opportunities. It’s very difficult…. If everybody has to travel to the major centres to come and explain or sell whatever opportunities that exist in their particular ridings, I think it diminishes the ability of the province to grow, prosper and develop the north. There’s all sort of unforeseen potential there.
I know that with rare earth minerals, which are in demand and something that we’re going to continue to need as long as we embrace clean power, etc., some of those have yet to be extracted from British Columbia. There’s something that we have an opportunity on, but it takes, usually, communities that are remote. It usually takes First Nations that are a part of these communities to help operate and develop these sites, because they’re often in these areas. It’s not necessarily townsites that get developed. It’s people who are out there in rural and remote areas who will help develop that.
I really want to make certain that the government takes its time and is thoughtful about the fact that they’ve taken the protection off the table. Secondly, when I look around this chamber…. I know that when I first got elected, there were less seats than there are now. I know that the talk now is to go up from 87 to 93. I have no idea. If we continue along this pathway, what do we do with the chamber when it becomes too full and crowded? The reality is that I’m not certain that I would say it’s not uncrowded at the present time, having sat on these benches for quite a number of years.
I look forward to the government being thoughtful, especially about First Nation communities that are obviously underrepresented, in many cases. They’re the ones that need this, and I know that many of the people that want to move there and start a family need representation as well. There are communities that ebb and flow with the economy. I know that Fort Nelson has gone through unbelievably challenging times with the price and the changes in oil and gas, but I do think that those types of communities require having representation.
I’ll finish on one note here. I was in Fort Nelson back in 2009 — maybe 2010. I was in Fort Nelson, and they’d had an ice skating rink that was part of their rec complex. It was the only facility that that community had. Fort Nelson, in my recollection, was around just under 3,000 people. It was going gangbusters. This particular arena had been built by the local people that first settled there, and maybe it hadn’t been engineered properly. Regardless, it collapsed, and they were having to dismantle. I was there on the day that they were knocking it down.
I remember meeting with the mayor of the municipality of the Northern Rockies, and he told me about what this meant to the community. This was their single and sole facility. They’re six or seven hours north of Fort St. John, so it’s not like you can run back to Fort St. John and have an event, public meetings, etc. This was important.
I can remember coming back and talking to my colleagues here. We were able to, at that particular time, give Fort Nelson one of the single largest community grants, under the community gaming grants, to help them build that facility and get back up. It’s important. If I hadn’t been up there, we might have heard…. The member from Fort St. John north or north Peace River might have known about it, but the reality is that I brought back that reality that I’d been there and that I could support the member for Peace River North in making certain that people knew the value of making an investment in that community.
It’s not too dissimilar in Hazelton, when they were doing…. They had Hockeyville. I was up there with the mayor and talking about Hockeyville, and I’m thinking: “My goodness, why would Hockeyville be so important out here?” Well, it’s important because of the sense of community. Hockeyville, of course, is not in one of our ridings, but I have to tell you that I respectfully understand that, and I am glad that they have a new arena and look forward to many good projects still coming forward for people that live in rural British Columbia.
We’re not going to give up and trade off their representation, even though Bill 7 suggests that we might do that. I look forward to committee stage on this bill. Thank you very much for allowing me to speak.
Deputy Speaker: Member for Skeena, I’d just like to join with the Speaker today and express how deeply regretful the news from this weekend was and how heavy our hearts are.
Please join the debate.
E. Ross: I appreciate that. It’s been a tough week, considering the discovery in Kamloops. It’s affecting First Nations from all over B.C., in 203 communities. Quite interestingly — before I get into the debate on Bill 7, of course — it’s actually affecting the next generation, which is surprising.
My generation was doing what we could to learn about what had happened in residential schools and trying to relay that information to the next generation. It was hard, but this has actually brought it to their consciousness. I think time is going to tell where this ends up in terms of the province and the country dealing with that sad stain on our history. Thank you, Mr. Speaker.
I rise today to speak to Bill 7, a piece of legislation that will have profound implications for the future of how British Columbians are represented in this province. For those of you at home, following every second election, the Electoral Boundaries Commission is appointed to examine the current electoral boundaries and make alterations as needed to keep up with the ever-changing demographics of this province, especially when we’re known as an attractive province to come live, work and play. That has actually resulted in a number of different equations that we haven’t been able to answer yet, including rising house prices.
While the appointing of this commission is routine, the changes proposed in this legislation are not routine, especially in today’s day and age. Really, what we’re talking about here, almost as a side issue, is the removal of protections that have been put in place to ensure that rural British Columbians are represented in our Legislature.
I understand why we’ve got to change the boundaries in terms of representation. But specifically what we’re talking about is to remove statutory protections to three regions: Cariboo-Thompson, Columbia-Kootenay and the north. The north is such a general description of what we’re talking about, what I’ve heard in this House — north of Hope.
B.C. is an incredibly huge province, and diverse, very diverse. I’ve heard that a number of times. Very diverse. But ultimately, you know, what I think we’re really getting at on this side of the House…. I’ve read some of the transcripts from past debates regarding this topic. I think what we’re talking about, really, is quality of representation. We’re talking about quality of representation in terms of the urban representation as well as rural.
We’ve got to find that balance, because representation, in terms of democracy…. I mean, that’s a fundamental aspect of democracy, representation. I do understand the main point of the changes, actually changing the boundaries, but representation seems to be the ultimate topic of what we’re debating here today.
To be honest, I hadn’t heard about this process before, but I do know what it’s like to fight for true representation, and I do take a lot of my experience from what I did in a previous life as chief councillor of the Haisla Nation Council as well as a councillor for eight years with the council. It’s quite interesting, in terms of what we’re talking about here. Back when we were talking about this under the umbrella of democracy, we were talking about representation as well, but we were talking about it in opposite terms.
That’s how I came to understand the principles of democracy and a vote and representation. Under the Indian Act…. If you want to live by the Indian Act, by the word, then basically all you’re dealing with is everything on reserve. But if you’re a progressive First Nation, like my band, the Indian Act is an artificial boundary itself. The rules there are so archaic and so out of date, they don’t even matter. Nobody cares. So when we started talking about representation, the one issue that popped out at us was, okay, the funding agreement that comes to us is restricted only to those band members on reserve.
We couldn’t really do much about band members living off reserve, and band funding agreements are so restrictive. They only give you enough to kind of just actually cover off your operations. That’s all they do. If you come out with a surplus because of good management, you get punished. They take away money the next year, or they penalize you. They claw back money, as they call it. If you don’t do a good job of managing those Indian Act funding dollars, if they come out in a deficit, they punish you. Yeah, you get punished if you do good, and you get punished if you do bad.
What our band did was segregate that, leave it over there. “Let’s move into the world of economic development” and bring in revenues that we can use to service all our band members, no matter where they live in B.C. — or Canada, for that matter. So it was the opposite fight. Our council was fighting for those revenues so that we could actually represent the off-reserve members without the burden of the Indian Act. We understood back then, just by consultation, what our band members were going through in the urban setting. We understood it mainly because we went down there to give them updates on what we were doing, and we’d get the feedback in terms of what they were thinking.
Until we could come up with a plan for housing on reserve, they were dealing with affordability issues, access issues. They were dealing with housing. I just find it kind of ironic that now I’m here trying to talk about the opposite, in terms of rural representation versus urban representation. That was quite lucky that we actually won that battle. We did bring in considerable revenues, and we continued to work in terms of that representation.
It was all based on a court case called Corbiere, if you want to look it up. We predicted that ultimately, where it was going, we would have to look after off-reserve members anyway, in terms of elections and representation. We embraced that, because we thought it was a way to get past Indian Act rules where an off-reserve member had the same rights to services and benefits that were afforded to people on reserve. We won that battle, we brought in revenues, and we’re ever changing our programs to include all band members on our band list, no matter where they live. Most of them live in urban settings. There’s a huge population in Vancouver.
It’s quite interesting. There’s a huge lack of understanding in terms of how people get represented. I get it all the time, not only from First Nations but from non–First Nations. The number of people that came up to me during the last federal election and that wished me luck was incredible. Here we are talking about changing the boundaries of electoral ridings, but I’m not quite sure if people truly understand the nature of how they’re represented in the first place, given the confusion around federal elections and representation versus provincial elections.
That’s what I try to do. It was part of what I did as chief and council. I tried to explain the nature of the Indian Act, the nature of rights and title, the nature of treaty negotiations and the nature of the constitution and to give updates on everything I was doing, whether or not I was succeeding or failing at what I had actually promised. It was part of my idea of transparency and accountability. That’s what I continue to try to do as an MLA. I try to do updates as impartially as I can, not only to describe the issues coming out of the Legislature but also why and how.
Anybody coming in as a rookie to this place is going to have a really steep learning curve in terms of what we’re doing here, in terms of the debate, in terms of committee stage, in terms of estimates. It takes a while. I mean, even just to figure out where the bathroom is going to be or where the Birch Room is takes a while.
Imagine trying to go back and explain all this process to a person who doesn’t follow politics and who doesn’t follow governance and explain to them: “By the way, your riding might disappear. It might get enveloped into a bigger riding.” In the north, where the ridings are so big anyway and include many different communities, that might be hard to comprehend.
I do see the need. I do see the need for the boundary changes, especially when we’re talking about the growing population of B.C. The way B.C. is advertised…. It’s a good place to live. Canada is a great place to live. Democracy, freedom, the quality of life, the outdoors, the opportunities, when they come back. It’s a great place to live.
I’ve read some of these reports where they say that we’re 170th down on the quality of life and the best place to live. That doesn’t change the fact that — what? — 50,000 people are coming to B.C. every year. There’s a reason they’re coming. For the most part, I guess it’s generally accepted that when these people are coming to B.C., they’re actually stopping in the Lower Mainland, whether it be Vancouver, Surrey, Richmond. It’s just a well-known place. It’s a landmark.
There are more people starting to understand. Once they get to Vancouver, they start to explore the rest of this vast province. They see other places of attraction. They start to look in different places. They come to understand how big B.C. is.
I had lunch down here in the Legislature just a little while ago, just today, not because I was hungry but because I celebrated the idea that I could sit with a colleague and have lunch in the Legislature cafeteria. There were two people sitting at the table next to us. They were actually looking at houses. They were coming from California, and they were coming up to Victoria to look for a house, for a place to live, a retired couple. This is the attraction.
I understand why we have to change the boundaries. It’s understandable when we’re talking about the representation of urban ridings versus rural. But I do have a question. When we’re talking about representation in an urban riding, will more representation over a smaller geographical area equal, one, quality representation? Two, will it answer some of the questions around housing affordability or even affordability in general?
I know there are not many people that can answer that right now. Right now I have a tough enough time representing Skeena. I mean, Skeena is…. I know the area quite well. I also know how hard it is to get across the riding of Skeena at the best of times. Skeena is actually, at a minimum, 32,000 people. They’re in different populations in Kitimat, Kitimaat Village, Terrace, Nisg̱a’a, Kitsumkalum and Kitselas. They are living in approximately 23,500 square kilometres.
When I’m going out there and trying to drive to these areas from my village, in Kitimaat Village, to the farthest extent, which is actually Gingolx, we’re going to hit a lot of different areas along the way. We’re going to hit a lot of bed-and-breakfasts. We’re going to hit a lot of different tourism sites. And we’ve got to drive. I mean, if I did a straight run, it would probably take me 4½, 5½ hours just to get from one end to the other. That’s with no stops.
If it’s wintertime, it takes even longer — if you’re lucky, if you make it, if the roads don’t get shut down, which happens a lot. If the roads are so treacherous, the Ministry of Transportation comes in and shuts them down. Or if you’re unlucky, you get stuck on the highway in the middle of a blizzard, coming home from the Prince Rupert All-Native. You’re the lead car coming out, and there are 100 cars behind you, but you can’t go any faster than 30 kilometres an hour. Nobody wants to pass you on the road from Rupert to Terrace because it’s a whiteout.
If we’re talking about changing the boundaries to actually make them larger, then does this mean that a constituent maybe has to drive from Tahltan, in the north, down to Terrace to visit their MLA, especially an elder that doesn’t have access to Internet? It’s a valid question.
Right now we already see the difficulties. In one particular instance, I can see and have heard of the difficulties of representing North Coast. That’s a tough riding. Not only do they have to represent Rupert, but they also have to take a plane or a boat to visit their riding, meaning Bella Bella, Haida Gwaii, Klemtu, Hartley Bay. That is a tough riding just in terms of transportation.
But in the worst of times, when you’re talking about a place like Wright Sound outside of Hartley Bay…. If you don’t know Wright Sound and Gil Island, that’s the place where the ferry went down a few years ago, and the Hartley Bay people came out and actually saved the people on board. That is a really bad chunk of water — very bad. The north wind that hits that is…. I don’t want to say treacherous. I just think it’s dangerous.
As a taxi boat operator on two occasions trying to come out of that area, going against the waves, two things happened. I thought I wasn’t going to make it. On number two, I wanted to quit. Really bad areas. And even ferries going through there have a tough time crossing Milbanke Sound.
I’ve heard a lot about the diversity and the geography of B.C., but we haven’t talked about what it means to be living in a coastal area where an MLA might have to travel out to talk to constituents, or even worse, the constituent has to come in to a town to actually get an issue addressed.
It does come down to the quality of representation. I do understand we’re getting more connected. But we haven’t really resolved those connectivity issues today. We haven’t resolved them yet. Even if we do, the most my mother could do, rest her soul, was participate on Facebook. That’s all she could do. She couldn’t go online and type out a census form. Not that she needed ICBC renewal or anything like that, but she couldn’t do stuff like that. Most of the time, when we knew there was something official, we had to bring a hard copy to her to get her through something, or we had to sit and type out stuff on the Internet for her, on the computer.
It will come down to the quality of representation, in my view. It’s an issue that I haven’t really seen talked about in depth and in the debates I’ve heard here. I think this is why the Electoral Boundaries Commission itself had said that effective representation is not simply anchored to the equality of population. I think it’s an important point.
The 2015 report says: “Factors like geography, community history, community interests and minority representation” should be taken into account when deciding how to draw electoral boundaries. I can’t agree more. We’re going to get bigger, and the issues are going to become more diverse.
Even when you come down to the urban settings…. It strikes me that I can walk into a riding like Richmond, get a good understanding of what the people are talking about in terms of the issues they’re facing and think: “Okay. These are the issues urban people are facing.” Then, when I go to Surrey, I get a completely different story. There’s even diversity within our urban ridings. They’re not all alike.
I never knew, in an urban setting, that parking for semis or tractor-trailers was an issue in Surrey. I didn’t know that. They don’t know where to park their trucks. They’re not allowed to park on the streets. They’re not allowed to park on farms. So they’re asking: “Where do we park our trucks?” Trucking is one of the fundamental operations that keeps B.C. going, and they’re asking. That was the first time I ever heard that.
It’s not just the diversity of rural ridings we’re talking about. There’s a tremendous amount of diversity in our urban ridings that we have to take into account.
I also see a number of diversity issues in terms of Vancouver Island. You go to Campbell River. A beautiful place. One of the biggest issues I saw there was the complaint that the cruise ship industry hadn’t taken off there. How do we address it? They built the infrastructure, but the cruise ships weren’t stopping. They were counting on that to actually bolster up their economy.
You go to southern Vancouver Island, on the other hand. We’re seeing in the news that they’ve got a completely different outlook in terms of what’s important to them. You just have to read the news on that. The diversity, in terms of all the factors that we’ve talked about, is what makes B.C. a great place to live. Just in Skeena….
We haven’t really talked much about the representation of First Nations, who are just starting to understand the world around them and where they can be involved. I find myself explaining, more often than not, the nature of provincial representation. But I can’t go into the Kitselas First Nation and say: “Well, your issues are very similar to Kitsumkalum because you just live 15 minutes down the road.” I can’t do it.
Even though they both come from the Tsimshian nation themselves, they’re very different. They’re diverse. They’re part of what you call the Tsimshian Nation, which includes Kitsumkalum, Kitselas, Lax Kw’alaams, Gitxaała, Kitasoo but not Bella Bella, Waglisla — not Waglisla. Each one of them…. Even though they’re under this banner of the Tsimshian Nation, they’re all very different, very diverse.
I can tell you that the dreams of economic development, in terms of exporting LNG, for some First Nations up in the north coast…. You won’t find that in Kitasoo. In fact, if anything, Kitasoo is very proud of their fish farm that they’ve been operating there for the last — what? — 20 years. They’re very proud of the cannery that they’ve actually built in their community.
That is one of their priorities: to keep their fish farm alive. But you can’t relate that to every First Nation along the north coast. Even inland, you can’t relate to that, because we’re all different.
I do understand that this is going to be, hopefully, an impartial process. I do hope that the clauses that we have spoken to today, to ensure that the boundary selection is done in an open and transparent manner…. I do understand that that’s what we’re going to strive for.
If there is one thing that I would leave with this House and the members of the House, it’s that quality of representation matters, whether it’s in an urban riding or a rural setting. We’ve also got to talk about accessibility in the worst of times, in the worst of weather, on some of the worst highways during in the wintertime that I’ve ever seen, apart from what I’ve experienced down south as well.
This is what makes B.C. great, in my opinion. The principles of democracy and representation go hand in hand, and we can’t lose sight of that. B.C. has got a great future if we do it right. We’ve got to do it together. We’ve got to succeed together.
L. Doerkson: I, too, wanted to take just a moment to acknowledge the horrendous findings in Kamloops and to offer up my condolences and hopes for healing there. I also wanted to thank the First Nations of the Cariboo-Chilcotin for inviting me to share a moment of healing on Friday night, to speak and to share songs, particularly the Williams Lake First Nation for hosting the event on their traditional lands.
As always, it is a pleasure to rise virtually today in this House to debate another bill. That bill, of course, today is Bill 7.
I wanted to start by recognizing the hard work by all MLAs in this House with respect to the work done every day to represent all of our ridings. I’m aware of the hours that many of us keep, as I have, on many occasions, received and sent emails and texts at all hours of the night and even the wee hours of the morning. I’m aware that we all start early with meetings and finish, many times, very late at night, and I applaud that effort.
That’s not an urban issue, and that’s certainly not a rural issue. That effort is put forward by any passionate member of this House, no matter the location of the MLA.
I also wanted to note, right at the start, that I’m not opposed to increasing the number of seats in this province, particularly in fast-growing places like the Lower Mainland or in other areas.
Somehow the message the government is hearing from us seems to be one of complaining that we’re working too hard and that rural MLAs seem to work harder. That couldn’t be further from the truth. I can absolutely respect the fact that our MLAs work very hard, and what they lack in those urban areas in geography, they certainly make up for in the number of constituents.
I don’t aim at all to suggest that I work harder than a member located in any rural centre. I only aim to explain that our ridings do present significant challenges, also, and that any commission that reviews these borders must consider those challenges.
Like many of our urban MLAs, I am a well-known member of my community for my volunteer work and other things. I’m also known to be approachable and accessible, as you all are. But what happens to that contact if you were to shift my seat from the centre of my riding to one of the larger centres of Prince George or Kamloops or, for that matter, just make one ginormous riding? That is what some of these geographically larger ridings are trying to convey to this House and, of course, the hard-working people of the commission.
I can appreciate the challenges of the larger ridings representing many people. Just as my riding can be too large geographically, so can any riding in terms of the number of constituents. I was surprised last week to hear that the bill had conjured up, in the early stages of debate, personal attacks on MLAs here trying only to represent their constituents.
Of all the bills that we must get right for all of the people of this province, it is this one. I hope that the commission and other members can appreciate that there are challenges with respect to the number of constituents but will hopefully note the significant challenges with respect to geography as well.
As I said, it’s a pleasure to be able to express my thoughts on this bill as well as the opportunity to share the thoughts of some of my constituents. It is shocking when this topic comes up, and I do know that it does come up from time to time. It does create a genuine sense of concern and fear, for sure, in my riding. I’m certain that that’s not unique to my riding alone.
In fact, when this bill was announced, there were immediately calls to my offices in 100 Mile House and Williams Lake. Without question, that is the fastest response to a bill presented in this House since I’ve been here. The possibility of the loss of local representation always creates that fear. I’m sure it’s a standard response from so many ridings.
You see, Mr. Speaker, it’s always a matter of fair representation for these folks. When we discuss things like fair representation…. I’ll try to demonstrate just how important it is that constituents have the opportunity to know their representative and to express their feelings on any subject before this House or before the government and, further, that those feelings that they have conveyed will make it to this place so that everyone here hears them.
From my own experience over the past months, I know how hard that can be at times. I know the effort that it takes to share those messages with everyone here. I and others have spoken to what are very serious concerns in some of the ridings, particularly with respect to flooding and wildfires. As serious as those messages are, let’s face it. Sometimes it takes a few mentions to be heard.
My constituents have come to expect this. They’ve come to expect that their message is heard no matter the effort on my part. The fear, of course, with respect to any increase in the physical size of our riding…. It will create a need for them to travel more. It will create more effort on their part to convey their thoughts. They fear that it will take more effort, period, to be heard.
I’d like to discuss for a moment the size of some of the rural ridings, particularly mine. I’ll attempt to paint a picture for you and this House of the gargantuan physical size of the Cariboo-Chilcotin. It really should come as no surprise that the size of these ridings is geographically staggering. Some of the ridings take the better part of a day and two tanks of gas to cross. That is on a dry summer day. Let’s not forget, in the north, they’re not all dry summer days. Very often we have the challenge of travelling through snowstorms and slippery sections of roads in very cold temperatures.
In the Cariboo-Chilcotin, it can be a challenge to go between two offices and keep regular schedules, yet we do. We do out of a desire to serve the people of this riding, out of a commitment for what we do, out of a desire to stay connected to our communities, out of a desire to represent.
The constituents and taxpayers of these ridings, from a track record of exemplary service provided over the past years by hard-working MLAs from all corners, have become very used to and expect this service from their representative in the Cariboo-Chilcotin. They’ve come to expect that they come to know personally their MLA. They’ve come to expect frequent and regular visits from their MLA into their communities and would expect to be able to convey their thoughts, through their MLA, to this place here in Victoria.
I urge the committee to consider the thoughts of our constituents and respect the fact that any larger ridings will cause serious issues with respect to those connections currently in place. The ridings are massive now.
As I mentioned before, the subject of riding boundary reform obviously comes up from time to time. When it does come up in this riding, the response of the constituents of the riding is generally fear. I can’t help but believe that the fear is felt by all people, no matter where they sit on the political spectrum. The reason for this fear or frustration is that we do live, typically, in very vast ridings.
As I’ve said, these people are owed fair representation. People have chosen to live in these rural areas. Many have chosen to live there for work reasons or, perhaps, for more affordable housing than other jurisdictions. These folks feel as though they’re being penalized for that choice in some cases.
Many of these people work in fields that create very much tax revenue and royalties and stumpage, wealth for all of the people of British Columbia to enjoy — fields like mining, logging, gas, oil, even growing food like fresh fruit, veggies, meat and dairy. In fact, it’s the very nature of many of these businesses that creates the vast expanses to our ridings, which, in turn, creates sparsely laid out communities.
These people have chosen to live, in many cases, with limited amenities and are happy to do so and not complain, for the most part. But these people — and I know this firsthand — do expect access to their representatives. People from all places on the political spectrum absolutely expect their voices to be heard in Victoria. When this conversation comes up, they feel as though that is an attempt to possibly stifle those voices.
Many decisions made in this place have a very serious effect on so many people and those that desire to be heard. The debate on these issues before this House is very important to the residents, no matter how many hours up a forest service road they live. In the furthest reaches of my riding, they already have to travel three or four hours one way to get to the closest MLA for a meeting. Surely the members of this House would not expect them to travel another three or more hours to meet with an MLA. Let’s not forget that some of these areas do not have Internet, or they have bad service, so even a Zoom is out of the question.
The ridings cannot be larger for proper representation. That’s been noted by past commissions. I’ve viewed maps that suggested following similar maps to federal rural boundaries, and for many reasons, that will not work in these ridings. Unlike MPs…. And let me be clear. It’s not my intention to insult our hard-working MPs, but the ground they must cover is simply too large. It is a staggering size in their ridings.
In the Cariboo region, the MLAs are part of these communities. We are known firsthand. We live in the ridings. We belong to the chamber, our service groups and volunteer in our communities. Above all, we’re accessible and very often known very well because of the community connections. But more than anything, we know what the issues are in our communities and are able to react in times of trouble or emergencies.
I can prove that point by explaining that I drove out to the Chilcotin last week to observe road conditions myself so that I could have real-time information to bring back to this place. That drive was a six-hour round trip, and I started from Williams Lake. We can’t expect our constituents to have to make 14-hour round trips to larger centres and expect them to absorb the cost of lodging, fuel and meals just to have a meeting with their representative.
It should be noted that the six-hour round trip that I just spoke about to inspect highway conditions…. For a representative coming from Kamloops or Prince or somewhere else, that could be up to 12 to 14 hours. How often would that be possible for a member to travel that far to gather this information? How often would they be expected to reach out to these communities?
Another thing to note is that I didn’t, in that trip, leave the beaten path of Highway 20. There are so many more hours of ground to cover in this riding. To increase the riding by any geographical size would be a gargantuan mistake.
If you were to get into a car in Deka Lake and drive to Anahim, it would take you almost six hours. You could actually get to Vancouver faster. The riding is very large geographically. I have two offices, one in Williams Lake, one in 100 Mile House. We’ve committed to meet in 100 Mile as often as possible, which, as I said before, is no small feat, particularly in the winter.
Another consideration is growth. While it may not be keeping pace with the fastest-growing cities in Vancouver, it should be noted that we have had large amounts of growth over the past couple of years, as evidenced by many new developments throughout the region. I believe this growth will continue, and it’ll even be larger after COVID restrictions are lessened and service providers and our government provide the proper connectivity to our rural areas. I believe we will experience growth like never before.
The residents here want their provincial representative to be accessible and able to be reached at a time of need, and honestly, they won’t settle for less. Furthermore, it’s not just the geography of the ridings that will be a huge challenge for MLAs from larger ridings to traverse. What happens to the large base of constituents after you add an additional 10,000 to 40,000 to those larger ridings? I really fear that the people of my riding will not be served properly.
If you add all of those residents to another riding, you will end up with double trouble. Now you’ll have geographically unmanageable ridings along with too many people to represent. How could they properly be represented with their representative as many as seven hours away, with really only one effective way to get to this part of the riding?
I believe in fair representation. I’m not opposed to adding more ridings in the Lower Mainland, but I do firmly believe that there has to be more thought given to these electoral borders than just simply numbers. Many ridings have had to deal with the worst forest fires we’ve ever endured in this province. Some jurisdictions have endured the worst flooding in 100 years. It should be known just how busy our offices have been, serving the people of the riding through these trying times but also through this time of COVID.
On many occasions I have been called by groups and ministries, Interior Health, to communicate messages with respect to immunization clinics, with respect to COVID-19 cluster declarations, with respect to detours for flooding or road damage. I don’t think that I’m exaggerating the value placed on an engaged member of the Legislative Assembly.
The communities that I serve have come to expect a late-night video message of breaking news in the riding of Cariboo-Chilcotin. I want to just stress the point that there is a need for communication — and the reverse also, as I suggested. I have brought messages back from different ministries to this riding. I have been the conduit to allow my constituents the opportunities to be in contact with ministers and ministries here in Victoria. The road certainly runs both ways, of course.
Our offices in 100 Mile and Williams Lake are truly engaged, and we do our part — Bev Marks, the constituency assistant in 100 Mile House and Jenny Huffman in Williams Lake — to communicate the messages from the Cariboo-Chilcotin to Victoria where we work with our team member Hannah Levett here to be sure that the messages from the Cariboo-Chilcotin are received and delivered. We advocate every day for our constituents that are stuck in the cracks of a very complicated system that we built. The MLAs in rural B.C. have a daunting task to serve these very vast areas and work hard to be sure that this communication is flowing freely. This point can’t be downplayed.
Members on both sides of this House have defended these rural ridings and their geographical size in the past. In the last commission, we actually added two ridings in the Lower Mainland, and it was, at that time, noted by members in this place that the geography was challenging in many of the rural ridings — ridings that represent remote communities along with Indigenous communities that are very difficult to access. This was acknowledged by the previous commission. It was noted that the two ridings had to be added in the Lower Mainland but that these ridings in rural B.C. would be preserved to offer rural British Columbians an opportunity to be fairly represented.
I suppose the question to the commission and the acting government is a simple one, and that is: “What has changed?” Population counts in many parts of rural B.C. and the rest of this province are growing. Almost every one of the ridings is feeling some growth. That can’t be ignored either. The growth, as I suggested earlier, may not be keeping up with some of the urban ridings, but rural B.C. is growing.
One last thing that I wanted to discuss is the representation that you have witnessed in Cariboo-Chilcotin, along with Cariboo North, to represent our ridings in this place and to different ministries with respect to roads. We can do that well. Again, as I pointed out before, we can do that because we live here and we know what the road at Morrison Meadow should look like. We know how to explain these problems, and we can respond by taking an afternoon drive to see with our own eyes what is happening and report back to this House.
Surely you can appreciate the noise that these two ridings have made here with respect to roads in Victoria so that our constituents could be heard. I think our residents and taxpayers will lose that representation if we’re to break these ridings up and give these voters to larger centres. Any suggestion of actually doing this will be met with frustration in these ridings. It is wrong to give the people of B.C. less of anything, but it is particularly wrong to give them less representation.
T. Shypitka: I take honour to respond in the second reading debate on Bill 7, the Electoral Boundaries Commission Amendment Act. I speak from the traditional territory of the Ktunaxa First Nation, and the hard-working and fun-loving people of Kootenay East.
What we have here in front of us is Bill 7, a piece of legislation that could have a profound implication for the future of how British Columbians are represented in our province.
Our democracy is being challenged, I believe, with the removal of some of the protected areas that were put in by a commission not too long ago.
Now, we know that following every two elections, the Electoral Boundaries Commission is appointed to examine the current electoral boundaries and make alterations as needed to keep up with the changing demographics of the province. I don’t think anybody on either side of the House debates that there is a need for this. Absolutely, our province is indeed getting larger, and there are a lot of urban centres that are growing a lot more disproportionately than rural ridings. So I don’t think anybody has a problem with expanding ridings per se down in the Lower Mainland.
What we oppose is the restriction or the elimination of protected areas that has been put forward by this bill. While the appointing of the commission is routine, the changes proposed in the legislation before us are not, as it seeks to remove protections that have been put in place to ensure that rural British Columbians are represented in our Legislature.
That should be the first red flag. These protected areas, as I’ve said, have been agreed upon by non-partisan commissions. This government sees fit to remove those findings from those commissions and to challenge the fact that diversity in British Columbia is no greater than the amount of people in a riding.
What I mean by that is…. I think the member before me mentioned that nobody’s questioning the hard work that all MLAs do. It’s a tough job. But when we look at representation across the province and we look at some of the smaller ridings in the province that have large urban populations, say the West End, for example, a couple thousand people could mean moving those boundaries a couple city blocks. What we’re seeing with this bill is to remove those protections, and that could be moving those boundaries a couple hundred miles, which is really hard to fathom when our ridings are as large as they are, some of them the size of small European countries.
Mine’s not so big, comparatively speaking, as some of the other ones. Mine’s only about maybe four hours from tip to tip on a good summer day. But those things change a lot when we get different weather patterns coming in. I’ll speak to that in a little bit.
Specifically, this bill seeks to remove statutory protections to three regions. That’s the Cariboo-Thompson; the Columbia-Kootenay, which is part of my riding; and the north. My riding, as I said, is in the Columbia-Kootenay riding, and I share that with four other people — Columbia River–Revelstoke, Kootenay East, Nelson-Creston and Kootenay West. So four large ridings with four completely different demographics, geographies, First Nation communities, and all have their own specific, unique issues.
These regions have been protected because while they have a lower population than the densely populated Lower Mainland, they are vast geographic regions full of diverse people who deserve to be fairly represented in Victoria. I’ll come to some examples a little later on.
The purpose of the Electoral Boundaries Commission is to make sure that the political boundaries in this province are drawn in such a way as to provide every British Columbian with effective representation. It’s not necessarily the amount of people in the riding. It also takes into consideration the size, the geographical size, the accessibility of people to communicate and to share ideas with their provincial representative.
This is something we’re in favour of, something that this side of the House has always advocated for. I believe, quite honestly, there are many members on the other side that can see the rationale behind this as well, because not all rural ridings are with the opposition government right now. There are many that are in government right now. So they understand. They understand. They may not speak to it, but I’m very positive that those rural MLAs totally understand the unique geographical challenges that these large ridings provide us.
B.C. is a vast province with varied geography and terrain, diverse people, groups and communities and very different needs. We have the most beautiful jurisdiction anywhere in the world. We have everything here, quite honestly. We’ve got oceans, rainforests, deserts, some of the greatest fresh water lakes. We’ve got, where I live, the Rocky Mountains and many other mountain passes throughout the province.
We’ve got the great prairies up north in the Peace region and the people to match it — cultures, nationalities, different races. We’ve got everything here going for us right now. But those diversities have to be represented in an equitable fashion, and that’s what we’re trying to get at here with this bill that’s in front of us.
This bill also acknowledges and leaves space for the fact that the needs of Prince Rupert, for example…. I’ve never been to Prince Rupert before, but my uncle has lived there. He said it rained quite a bit, which is quite a contrast from my corner of the province in the south country where it’s very dry. That just speaks to some of the diversities we have in the province.
I’ve never been to places like Atlin, for example. I think the member for Kelowna West mentioned he’d never been there either, right at the tip top of the northern part of our province. It’s amazing how sometimes people think that Prince George is in the north, yet it’s relatively in the middle of the province, but we don’t see it that way because we’re so vast and so diverse.
In my riding, for example, there are very common interests and complaints that surround all of us. I think it would be common in all of the other rural ridings that are close to me, such as access to health care, wildlife management, senior and assisted living care. They’re fairly synonymous with a lot of the other ridings. But there are also uniquenesses in there.
For example, for health care, we have a regional hospital here in Cranbrook. There’s also another regional hospital in the West Kootenays. When I was on the regional district board, I fought very hard — I was on the hospital board as well — to bring an MRI machine, diagnostic machine, here to Cranbrook, the regional hospital here, as opposed to the other option, which was in the West Kootenays.
[S. Chandra Herbert in the chair.]
Eventually, we got the MRI here, first, which was a great relief to everybody here in the East Kootenays. I think the rationale was because we were so geographically challenged to the rest of the province for services. West Kootenays is a little closer to Kelowna and the Lower Mainland and that kind of thing.
So the decisions were made on our diversity. That would be a challenge. That would be a challenge if I was to represent an expanded Kootenay East that went into the West Kootenays. It would be tough for me to argue one way or the other, because somebody would be left out.
Highway maintenance — that’s another thing that’s really important to us in rural B.C. In my riding of Kootenay East, we have a highways contractor. If I go to Columbia River–Revelstoke, it’s a different highways contractor. If I go to Kootenay West, it’s a different highways contractor. It would be tough to argue or to represent my constituents equitably if I was in favour of one contractor or the other or certain standards on one side or the other. These contracts, also, have different expiration dates, so it would be a challenge for sure.
Our Southeast fire centre, for example. That’s another difference that we have between us and urban B.C. Our Southeast fire centre is centred in the West Kootenays; however, out here in the East Kootenays, we have totally different weather patterns. Totally different. In my riding alone, we have up to seven different weather patterns that contribute to dangerous driving conditions in the winter, fall or spring as well as devastating fire conditions in the summer.
In Kootenay West or Nelson-Creston, it’s a total different ecosystem over there. You have a lot of deciduous trees, a lot of rainfall, as compared to in my riding, it’s bone dry in the south country, in places like Newgate or Grasmere. Once again, the challenges would be magnified if my riding was to get any larger. People would feel, and the constituents would feel, disconnected to their MLA for proper representation, because I would be trying to be all things to all people, and it would be really tough to rally for them.
My geographical location, here in the southeast corner of the province, is also challenging. I have Kootenay Pass to the west of me. Some people call it the Salmo-Creston and some call it the Creston-Salmo — depends on what side of the mountain you live on.
It’s a very high-elevation mountain pass that’s closed quite often during the winter during avalanche control or natural avalanche conditions that happen quite often. A very challenging piece of highway that I really only go over if it’s an absolute emergency. Many accidents on that highway. The weather conditions can change within a minute. You could have clear, no snow, and then within a minute, it’s coming down in buckets and icy conditions instantly. So very challenging. To traverse across that or expect my constituents to traverse across that mountain pass wouldn’t be fair for them at all.
That’s to the west of me. To the south of my riding is the United States. We sit right on the U.S. border. So not much room to go there, but, of course, we have all kinds of issues on getting back and forth, especially with COVID right now and international travel.
I’ve got guide outfitters that are…. I’ve been trying to rally for them as best I can to find some solution or some kind of support, I guess, from government to assist in their operations. They’ve seen absolutely no business — zero. Zero clientele in the last two seasons, because 95 percent of their clientele exclusively comes from the United States or other international travel. That’s a barrier, for sure.
To the east of my riding is the Alberta border. Once again, that’s very unique to the people that live this close to Alberta because our access to health care is so important. We rely on access to health care in Alberta. Under a Canadian universal health care system, we need that access. It’s in our rights to have access to health care. Boundaries should not impede that access. That’s really unique to me and our constituents.
If my boundaries were to expand, that uniqueness would get watered down. It wouldn’t be such a major concern as the folks in Nelson, perhaps, or Trail that have easier access to Kelowna or the Lower Mainland. Once again, it’s very important for me to be focused on these direct needs in this region of B.C. Like I said, it’s not a small riding. It’s four hours from coast to coast in my area. It’s a great riding, but to get any larger would really water down my effectiveness on what is really important to this area right now.
To the north of me, I have Rogers Pass and a whole new valley system, which is the Columbia Valley, which brings a whole host of new issues, all told. My riding is in a very central…. It’s in a real niche part of the province and to expand it any more would really do a disservice to my constituents.
Additionally, we must consider that a large percentage of First Nations communities in B.C. are located in the regions that are set to have statutory protections removed. Around 30 percent of First Nations in British Columbia live in the north and the Cariboo-Thompson region, some in incredibly remote locations. We need to ensure that they also have equal access to the representation they are entitled to under the law.
It’s not just about my riding; it’s the whole collective of ridings throughout the province. They all have their unique challenges, without a doubt.
There is no doubt the urban ridings have their unique challenges, as well, but I think one could successfully argue that the smaller the area, the less diversified on the issues we’ll become. I could be wrong, and I’d like to hear members on the other side argue that point, but I think once geographical areas widen, that’s when you really get into different issues for different people.
In light of this, we need to maintain a system that makes sure that communities with such varying needs can be effectively represented in our Legislature. Of course, we also need to ensure that regions with growing populations are properly represented. We know that the cities of Surrey and Vancouver, and those in the Fraser Valley, for example, have seen significant growth in recent years. Electoral boundaries need to be adjusted to accommodate this growth. This will mean adding new ridings in some of these rapidly growing regions. I alluded to this a little earlier, saying we on this side of the floor have no problem with that. We understand there is a major population growth in urban B.C.
I may also suggest that we will see a flight to rural ridings. We’re already seeing it now. Our affordability is starting to increase quite dramatically over the last couple of years as more and more people find their way to, perhaps, a simpler lifestyle, I guess. I don’t know.
I have lived in urban centres. I’ve lived in Richmond and Burnaby. I’ve lived in Nanaimo. I’ve lived in Kelowna. I understand the urban issues, and I guess it’s just how you’re bred. I just love the fresh air out here and the easy living that rural ridings represent. I would argue that the farther out you go geographically, the more issues you’ll have in a diversified way with different people and different locations, geographically speaking.
In my riding…. I’ll just go through a little tour of it. If you go to the far north of the riding, if you go up Highway 43, you’ll hit the town of Elkford. It’s a great little spot. I know the mayor there quite well, Dean McKerracher. I’ll mention his name. Great guy. I’ve known him for a long time. I used to curl against him a long time ago, back in the old days. He’s got a great council. We communicate quite a bit. It’s a great town. They’re actually having their 50th anniversary this year. So here’s a little credit and a high five to the town of Elkford, who are celebrating 50 years of incorporation.
If you head south down Highway 43, you’ll come into the town of Sparwood, which is another nerve centre of Kootenay East. It is our economic hub, I guess you would call it, in the fact that it has four of the five biggest mines in British Columbia. Sparwood, the workers there — 4,000 directly employed by Teck Coal. They represent a large portion of our economic stability in the Kootenays — and in British Columbia, I might add.
I think Teck Coal alone provides well over $600 million in direct expenses to Vancouver, where a lot of the legal and engineering and all that type of stuff is located, headquartered, down in Vancouver. So we put out a lot of bucks towards the Lower Mainland for the small population that we have. You know, 38,000 is the voting population here. For that 38,000, we provide a lot of bang for our buck. I would like to see what the statistics are per capita on revenues going in, but I think we do our fair share out here.
I think those workers in Sparwood need to be represented and that their industry needs to be represented. As the opposition critic for Energy, Mines and Low Carbon Innovation, I take the role very seriously because I know how important it is to the economy and to the livelihoods of people in Sparwood and throughout Kootenay East. I think there are over 500 employees just in Cranbrook alone, and just that radiates right out through my riding.
From there, we go down the highway to Fernie, which is our tourism hub. It is a beautiful, beautiful place. Fernie is like the Aspen, Colorado of B.C., I guess you’d call it. It’s a gorgeous town with great skiing, recreation, whitewater rafting in the summer, fishing, hiking, skiing, mountain biking, you name it. Fernie has got it all going on. That in itself…. If you look at the industrialized town of Sparwood, and then you match that with the tourism side of Fernie, you couldn’t get any more diversified right there.
Then you swing down a little bit more south to Jaffray. I don’t want to forget towns like Hosmer, but Jaffray is also one of those communities that’s along the highway there. Then you can swing down even farther south, and you can go into communities like Baynes Lake, Grasmere, Newgate, right down to the U.S. border.
You can recreate along Koocanusa reservoir, which is an issue for debate on another day on the Columbia River treaty, which I’m going to try to advocate more for. From there, you go into Cranbrook, which is the most populous city in Kootenay East. That’s where I was born. That’s where I’m from. To the west of that, you go to places like Moyie, Lumberton — very unique locations as well.
There’s a lot of diversity in my riding, a lot of issues. I deal with all the chambers of commerce, and every time I have a conversation with them, it’s always something different. I communicate with the city councils, and once again — very unique issues every time I drop in with those folks. To be any bigger, I really believe, would be a disservice, and that’s why these areas have been protected. That’s why the commission has seen it fit to keep these places protected so that representation isn’t dictated by population alone.
I also want to give a little shout-out to my constituent assistants that handle all this stuff: Heather Smith, who is going to be leaving me at the end of this month. Sorry, at the end of June. It’s May 31 today. But at the end of June she’s going to be leaving. I just want to say to her that she’s been able to handle all of these people every day with a smile on her face. She doesn’t care what political stripe you come from. She assists anyone and everyone.
Christy Wheeldon, my other part-time assistant, has been absolutely fantastic. The two of them have been quite the dynamic duo. Super, super lucky to have them. But the bitterness of Heather leaving, and Christy leaving, actually….
I’ve been able to bring on a new constituent assistant, Jonah Gowans, who some may know from the Legislature, as he worked in the Legislature as a legislative assistant for a couple of years. So he’s found his way. He’s from Powell River. He understands rural issues, but he sees the differences between Powell River and Kootenay East, that’s for sure. So I’m very lucky to have him.
At the end of the day, the ability for MLAs to connect with constituents is vital to an effective democracy. As such, neither the number of constituents nor the size of electoral district should serve as a barrier to British Columbians having access to the representation they need and are entitled to. We need to protect the trust between elected officials and electors, not dilute it, as this legislation seeks to do.
With that, Mr. Speaker, I’ll turn it over to my other colleagues. I will not be supporting this bill.
B. Banman: It is indeed an honour and a privilege to get up and speak on Bill 7. I’d like to start by saying that in some ways, I believe, this is probably one of the most important bills that’s going to come before this House. The reason I say that is because it has the foundation of democracy, really, at the heart of it. Now, as we all know, every two election cycles, a commission is appointed to review electoral boundaries, and that’s a good thing. It takes into consideration such things as population.
Here in the Lower Mainland, it’s pretty straightforward, really. We take a look at the population, and we try to get what would be considered equitable and equal. I have heard an awful lot of talk of one vote in one riding should have the same value as a vote in another riding. On the face of it, that argument appears, at first glance, to hold water. However, there are some other factors to be considered with that.
I’m reminded of that cartoon that we’ve all seen, where there are three individuals standing in front of a fence trying to watch a game, and they’re all standing on a box. Well, one of the characters is similar to myself, a little bit vertically challenged. Even though he is standing on a box, the fence is up here and that individual cannot see the game. There is another one, a medium-sized person, standing on the box, and the fence comes to here. They can see the game just fine. Then there’s the tall individual that also has a box, and is standing on it, and the fence comes to about his waist.
They all have a box of the same size. It’s equal. But it’s not equitable. Democracy needs to be equitable. The second portion of that cartoon is you see where the tall man has given his box to the vertically challenged man like myself. Then everyone and all of them can see the game. It is equitable.
Sometimes in democracy…. There are many examples where that exact principle has been taken into account. As was mentioned by several of my colleagues, this side of the House does not have an issue whatsoever with the Lower Mainland rearranging some of the boundaries based on one vote — one is the same as others. Here in the Lower Mainland, where approximately 50 percent of the population of the province lives, it’s really not…. It’s fair.
There are several examples, even in Canada, where we have votes…. Especially in the north federally, for instance, if we look at the far north, they have what we’d consider…. If you used that rule of “one vote equals one vote,” they have far, far greater vote, yet it’s done for a reason. It’s done to be equitable and fair.
I’ve heard some of my colleagues talk about that. One of the things I’d like to mention is…. As many of you know, I come from Abbotsford. Abbotsford geographically is the largest city in British Columbia. It’s very, very diverse. We’re considered to be the city in the country. We consider ourselves to be both urban and rural. I can tell you that the needs of rural are vastly different than those of us who live in the city centre in the urban part of Abbotsford.
The needs of agriculture and what is required by agriculture, and the needs of those that live in some of the sensitive habitat areas on Sumas Mountain, are much, much different than those of us who live along the major corridor.
That’s just Abbotsford, which, compared to some of these ridings that you’re talking about, is incredibly small by comparison.
What you’ve heard this side of the House say is that there needs to be that balance. There was good reason why the regions of the Cariboo, Thompson, Columbia, Kootenay and the north have slightly different considerations to get that equality.
To put this into perspective, I think…. I’ve actually had the privilege to either work in or travel much of this great province. It’s majestic. It’s amazing. It’s worth noting that from the top of the province, up near Watson Lake, all the way to the bottom of the province, it takes longer to drive and is farther in distance than it takes to drive from Vancouver all the way to the U.S.A.-Mexican border. I think we forget how vast it is.
When it comes to fairness, I would remind those…. I want to take a trip through Vancouver. We have East Vancouver. We have the west end of Vancouver. We have Kitsilano. We have all these different regions in Vancouver that have totally different needs, and they have MLAs to represent those needs. But 11 MLAs deal with one mayor, one council. That means that the mayor of Vancouver has 11 times the political influence as a region with one city and one MLA.
In Abbotsford, we have three MLAs. Now, I cross the border, where mine is partly the township of Langley as well.
You’ve heard my colleague just ahead of me rattle off a bunch of names of different councils, of different mayors. They have nowhere near the same influence that the mayor of Vancouver could potentially have, where he or she can pick up the phone and talk to 11 different MLAs to plead their case. That is not equitable. Up in the north, there may be 30 communities that speak with one MLA, that have the geographical size, as has been mentioned, of some European countries.
In addition to that, I think, especially today of all days, we need to be incredibly sensitive about who it is that lives in some of these regions. There are First Nations that compose much of some of these regions in the north. Have they been properly consulted? Are we going to add to that urban-versus-rural divide? Are we going to create more problems by failing to protect these areas as historically has been done?
They don’t have access to cell phone coverage. This government recently made a great announcement that there’s going to be cell phone coverage along the one highway because of tragedies that happened on that particular highway.
Many communities don’t have cell phone coverage at all. I have family that live in various regions of this province, some of which have dial-up, if they’re lucky enough to have an Internet connection at all. Right now we are going to put these ridings at an incredible disadvantage politically if we alter these protected regions.
It’s not about one vote. It’s not about equal. It’s about doing what is right democratically to ensure that regions have an equal say. We have 203 First Nations in British Columbia. Have we talked to them? Have we considered some of these changes with them? Have we done our due diligence to make sure that they feel as if their voices are going to be heard? Or will they feel as if they’re being pushed, that their needs and their wants are being pushed to the side?
As you’ve heard my colleagues say, we have no problem with the Lower Mainland and parts of Vancouver Island redistributing and taking a re-look at it. It’s part of what needs to be done. What is concerning is that the protected regions that have been protected for very, very strong cases are now going to be put on the so-called chopping block. Some of these regions take ten hours to drive through if the weather is good.
I have had the privilege of driving from the top of the province to the bottom. I’ve had the privilege of driving throughout the province to the east, through both of the major passes, and I have had the privilege of driving to places like Smithers. I worked in Fort Nelson for a time. I’ve seen some of the great expanses of the Peace River area. I have my concerns with this particular portion in here. It was the one portion that has been changed.
I go to Bill 7. I’m going to read this, because I think it’s important. The current act and Bill 7 both state that in fixing the boundaries of electoral districts, the commission must be governed by the principle that “representation by population be achieved….” However, amongst other factors that the commission must also recognize in that process, Bill 7 removes that the commission recognize “…the legacy of our history and the need to balance the community interests of the people of British Columbia” in fixing those boundaries. Bill 7 removes that.
In addition, the current act states that the commission is “permitted to exceed the 25% deviation principle where it considers that very special circumstances exist.” That was done to ensure that these areas…. If something as closely knit together as Vancouver can have drastically different needs from riding to riding…. I want you to think now, if you are one of those representatives within that riding, that we’re now going to change that because someone decides, on the opposite end, that having 11 MLAs to one mayor is drastically unfair and that it should be one. There would be outrage, and justifiably so, because each area of Vancouver itself and the Lower Mainland….
I know that in my city alone, there are drastically different needs depending on where you happen to be standing in that particular moment, based on the neighbourhoods that you’re in. The needs of the Sumas Prairie are much different than the needs of those that live in the skyscrapers around Mill Lake, where I’m from. Yes, it may come as a surprise to some of you from Vancouver that there are a couple of skyscrapers in Abbotsford. We’re densifying like everyone else. The needs of these regions…. There are multiple needs within regions themselves that are drastically different.
This bill, to remove the protection of those, is not fair; nor is it equitable. At the end of the day, I believe we have a duty to make sure that every region of this province has an equal say at representation here in Victoria. I worry. What you’re hearing my colleagues say…. I’m from the Lower Mainland, so for me, it will probably make my riding a little smaller, odds are. But for the other ridings, to make other ridings drastically larger, I think misses what we actually stand for and what we should represent here in Victoria.
This province is one of the most unique geographically in all of Canada. Anyone who’s driven it knows. You seem to go around a corner and magically, the topography changes. The vegetation changes. The types of animals that we encounter change.
I think for the Lower Mainland, it’s sometimes difficult to understand, for instance, why an electric vehicle is not really the best choice up north. The reason for that would be, as I…. When we had our cold snap down here, we found out how limited a range that would be. There are no charging stations along much of this, but unless you’ve lived through it, you would not understand it. You’d have to actually drive one to find out.
The other thing that’s equitable, it’s interesting to note, and I think it’s only fair to note, is that much of the wealth that this province attributes itself to and has garnered from the vast resources that we have…. We are still a province of resources. Vancouver is the headquarters, generally, for many of these corporations that extract the wealth from the Interior. Then there are jobs that are put in the Lower Mainland that are directly related to the wealth that is extracted from this great province. They will then lose their say, or a portion of their say, if we reduce the size of these ridings and reduce the representation in these ridings in the interior, as was mentioned. That’s not fair; nor is it equitable.
It can’t just all be about the Lower Mainland. We can’t drastically change political representation just because it fits us and we think that one vote should be the same in the Lower Mainland as it should be in the farthest northern parts of the province that are sparsely populated. It covers hundreds and hundreds of square miles, if not thousands of square miles. The needs in certain regions are drastically different than they are here in the Lower Mainland. We need to take that into account.
We need to understand, I believe, that while we’re doing this, while we’re looking at this, the issue that you’re seeing this side of the House talk about is to ensure that the voices of some of these more sparsely populated regions actually have the ability to be heard. Ask yourself: is it fair that some cities have as many as 11 representatives versus sharing one representative between 20 or 30 different cities or municipalities or districts?
We can all admit that there is an urban-rural divide in British Columbia. There are those in the north, in the Interior, that feel as if…. I got to experience this when I was the mayor of Abbotsford and the mayors would hold their own meetings. I sat down with some of my mayors, and we would talk about the differences and the things that they had to go through versus those of us in the Lower Mainland. We even, at the UBCM, divided up into large cities and small cities. The needs are different. The complexities that a large city goes through are entirely different from what a smaller, rural city goes through. That’s just one example. So we need to balance that.
I think that the risk of removing the protection of these areas…. To me, the risk far exceeds just leaving them as they are. They were protected for a reason, and well-thought-out rationale went into why they should be protected. I believe that it should stay that way. I believe that it was there for a very good reason. And I think that the ability to connect with your constituents is important — and the ability for constituents to connect with their MLAs.
For us here in the Lower Mainland, it’s not a big deal. I’ll just grab my phone, and I’ll just send an email to my MLA. That doesn’t happen where my mother happens to live. It’s handwriting. It’s a letter. It’s snail mail. She gets delivery once a week, and she’s lucky. There are regions in this province that not only don’t have cell phone coverage; they don’t have emails or Internet. And they may not get mail delivery for weeks, let alone once a week. Some of the challenges that some of these remote communities go through are like night and day compared to here in the Lower Mainland.
[Mr. Speaker in the chair.]
I believe that if we reduce their ability to access their MLAs, which is their right, there will be problems — that we will be doing the exact opposite of what democracy should be doing, which is having fair and equitable representation. I think that especially from this side of the House, in looking at the other side of the House, the other side of the House talks about being equitable all the time. Yet when it comes to this particular case, I think it needs a sober second thought.
As you’ve heard, our side of the House is more than okay with realigning boundaries in the Lower Mainland and parts of the more densely populated areas. You’re only hearing this side of the House speak up about the rural areas. I don’t come from one of the rural areas, even though we call ourselves the city in the country. I’m in the Lower Mainland. For me to go see a doctor…. I can go see a whole bunch of MLAs within an hour’s drive. It’s not an issue at all.
It’s just unjust, actually, to take that representation away from our interior and northern communities, where a ten-hour commute could potentially become a 20-hour commute, and that’s when the roads are good. Think about that. I can drive through my riding in a half-hour, provided the No. 1’s not clogged up. But that’s a different story. I can travel. And I’ve got one of the larger ridings in the Lower Mainland, geographically.
To continue to take this protection away from these ridings, I think, is unjust, and I think it will weaken the democracy in this province, because it will weaken the representation that many of these ridings have earned and relied upon. I think we’re looking at it in a very egocentric way. We’re looking at one vote equalling one vote. There are many, many examples, not just in British Columbia but in Canada and also even in the United States, where they have figured out that being equitable is not always the same as equal.
I would encourage this House — I would encourage the members on the other side — to ensure that those ridings are protected. Let’s increase our numbers. That’s fine. Let’s increase the amount of MLAs. That’s fine. However that’s going to look and pan out inside the Legislature, that’s all right. That’s fair. But to reduce the ridings and increase the travel time and limit the ability of northern and Interior constituents to be able to have reasonable access to their MLAs…. When one considers they can’t just pick up a phone, necessarily, when you don’t have Internet, when you do not have a cell phone, the differences are like night and day.
That’s why you’re hearing my colleagues speak up. They want to ensure that their constituents have just as strong a voice as a riding that’s only a few blocks big. It’s fair, it’s just, and it’s equitable to leave these ridings as they are. When you combine the fact that there are 203 First Nations that I don’t believe have been consulted properly with this yet, I just think it’s a mistake to go down this road. I think it’s a mistake to reduce the representation. It’s undemocratic, in my mind.
I want to thank you, Mr. Speaker, for the ability to speak to this. I’m pleading with my colleagues on the other side to listen, to absorb and to try and put yourself in the place of some of these more northern and less populated ridings. I want you to imagine trying to drive 20 hours in 40-below weather to go have a meeting with your MLA, and your car breaks down. Imagine that. Imagine equal versus equitable. I think we all want to be equitable.
Mr. Speaker: The member for Delta South.
I. Paton: Thank you, hon. Speaker. Noting the hour, would you like me to continue?
Mr. Speaker: The member can speak for a couple of minutes and then, noting the hour, ask for adjournment of debate.
I. Paton: Thank you, hon. Speaker.
I rise today to speak to Bill 7, the Electoral Boundaries Commission Amendment Act, because I believe wholeheartedly that every British Columbian deserves to have proper representation in this House. A fundamental pillar of democracy is representation, especially throughout all parts of this province of ours.
In my critic role as the critic for Agriculture, I have travelled to so many corners of this huge province of British Columbia. It’s interesting. When I was given the opportunity to become the Agriculture critic for our party, I thought: “Well, this really makes sense.”
As a farmer myself, having grown up and still living on the family farm in Delta that I was born and raised on, I thought: “Well, I know a lot about agriculture. I certainly know about the dairy industry. I know about raising livestock. I know about potatoes, about planting corn, harvesting corn, harvesting potatoes — all the things that are sort of common to the Fraser Valley. I kind of understand the cranberry industry and the things that we do in the Fraser Valley.”
Then as I started to travel around this province in the last 3½ years as the critic for Agriculture, I just realized how vast this province is and how people are different. They even wear different clothes in different parts of the province. We don’t wear Wrangler jeans and Roper boots and cowboy hats down here in Langley and Delta and in the big cities of Vancouver or Victoria. It’s a vastly different province, and I realized just how different things are from an agricultural perspective.
I thought: “Well, I know lots about agriculture.” But then suddenly you arrive in the Okanagan. You go: “Wow, what a huge industry it is, the tree fruit industry.” People are up there busting their butts to be in the orchard business and converting from orchards to the grape industry. There are cherries. There are apples. There are peaches. People suffering in that industry. People doing rather well in the wine industry up in the Okanagan Valley.
Then we move on to the Kootenays, and we have some wonderful dairy farms in the Kootenays. We have cattle ranching in the Kootenays. We have tree fruits in the Kootenays as well. Then you keep moving around the province to the Cariboo-Chilcotin, which is a huge ranching and beef cattle part of British Columbia where people are making a living raising beef cattle.
Then you move to the northern part of B.C., to the Peace country, and you realize, wow, what an incredibly vast area we have in our province — hugely vast. When you put together Peace River South and the riding of Peace River North and you look at the canola and the wheat and the grass seed and the hay and the different crops that are grown up there, it’s really quite incredible how diverse this province is, with agriculture alone.
Then we go to Vancouver Island, and we look at salmon farming and aquaculture, which is part of our agricultural mandate as well.
There is so much more to the Agriculture critic role than just what I knew about in the Fraser Valley. I want to get into my travels throughout this province and just how big this province is and how diverse the communities are and the needs of people.
Whether you’re a farmer or a businessman in the Kootenays or in Fort St. John or in Dawson Creek or wherever you happen to be, it’s so important to have the ability to travel and connect with your MLA, to discuss issues that are so common for us in Delta, where somebody can jump in their car, and within 20 minutes, they can be at my office to discuss important MLA issues. But this is different in other parts of the province.
I would like to continue my conversation about this at a later point.
Noting the hour, I would reserve my opportunity and move adjournment of this debate.
I. Paton moved adjournment of debate.
Motion approved.
Committee of Supply (Section A), having reported progress, was granted leave to sit again.
Committee of Supply (Section C), having reported resolution and progress, was granted leave to sit again.
Hon. M. Rankin moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow.
The House adjourned at 6:24 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of Supply
ESTIMATES: MINISTRY OF LABOUR
The House in Committee of Supply (Section A); R. Leonard in the chair.
The committee met at 3:02 p.m.
On Vote 36: ministry operations, $17,374,000.
The Chair: Good afternoon, Members.
Minister, do you have any opening remarks?
Hon. H. Bains: Hon. Chair, I certainly do. I’m so honoured to be here today to present the 2021-2022 spending estimates for the Ministry of Labour.
Before I move forward, I would like to acknowledge that we are gathered on the territory of the Lək̓ʷəŋin̓əŋ-speaking people of the Songhees and Esquimalt First Nations.
I would like to start by introducing the staff who are with me to help us through these estimates. I have some key staff on the phone, including Joanna White, assistant deputy minister and executive financial officer; Danine Leduc, assistant deputy minister; John Blakely, executive director; and Michael Tanner, director. Joining us here from WorkSafeBC are Allan Johnson, head of prevention services; Joe Pinto, head of claims and rehabilitation services; and Mark Heywood, chief financial officer. And of course, Trevor Hughes, my deputy minister, is here with us.
This budget reaffirms our commitments to the people of British Columbia, the workers of British Columbia, by focusing on things that matter most to them. It supports the ministry’s overall responsibility for safe and healthy workplaces, labour relations stability, and to ensure that B.C.’s employment standards reflect the needs of British Columbians. These are further affirmed in my mandate letter from our Premier, which outlines my priorities for the coming years.
As well, I am personally driven by the desire to make British Columbia the safest of workplaces in the country so that the workers who go to work in the morning before the start of their shift come home safe and healthy at the end of their shift. For my entire career, I have had passion for health and safety on the job, which continues to this day and into this role as the Minister of Labour.
Beyond my ministry, as a government, we are making investments and putting in support to make life more affordable, deliver services that people can depend on and create a strong, sustainable economy that works for everyone as we move towards recovery. This past year has been a year like no other. Looking ahead, we are going to have another year that will require us to be adaptive and resilient.
Throughout the pandemic, we have been making significant improvements that better support workers and employers. My ministry continues its collaborative approach to address the impact of the COVID-19 pandemic on people and businesses. WorkSafeBC has been working very collaboratively, as well, to keep people safe at work.
We’re supporting workers and employers by establishing paid sick leave. Over the past year, we have protected jobs and kept laid-off workers connected to their employers with various online applications. This simplified the process to extend temporary layoffs so that people can get back to work quickly when an employer is ready to restore its operations.
This week — June 1, tomorrow — we are putting an end to the discriminatory minimum wage for liquor servers. The lower minimum wage for liquor servers is a thing of the past starting tomorrow morning. Eighty percent — 82 percent, exactly — of those workers are women.
We are increasing the minimum wage to $15.20 an hour starting tomorrow — again, June 1. Future increases to the minimum wage starting in 2022 will be based on the rate of inflation to provide predictability and certainty going forward to businesses and fair wages for the workers. I’m proud of the work that we’re doing to support workers and employers while also ensuring sustainable economic growth.
With that, hon. Speaker, I would like to acknowledge the Labour opposition critic, the member for Shuswap, and the important role that he and his colleagues have during our debates. I look forward to the discussion ahead, and I am pleased to answer any questions about the work underway with the Ministry of Labour and the ministry budget.
The Chair: I now recognize the member for Shuswap.
Do you have any opening remarks?
G. Kyllo: Yes, thank you very much, hon. Chair, and welcome to the minister. I’m glad to be here today to canvass a series of questions with respect to the Ministry of Labour.
We’ve had the opportunity to spend quite a bit of time in the Legislature together over last month or so with both Bill 3 and Bill 13. Just a bit of context. So for those who are listening and watching from home, we’ll also be joined later this afternoon by the Green Party. They’ll actually canvass a number of questions also of the ministry.
In order to try and expedite this process, we’ve taken some time in advance to actually submit some questions to the ministry last week. My intention today is to try and run through some questions that have been provided to the minister in advance, so hopefully, we can get some information on the record quite succinctly here this afternoon and, obviously, look at going into a fair bit of detail on both WorkSafeBC and the employment standards branch over the course of the estimates process.
With that, just getting to the list of questions that was submitted last week. I’m just going to start off. If the minister could share with this House how many FTEs currently exist within the Ministry of Labour?
Hon. H. Bains: The average FTEs for 2020 and 2021 were 346.
G. Kyllo: Thank you very much. How has COVID-19 affected the overall budget and allocation of funds for the ministry?
Hon. H. Bains: I’m advised that there has been no impact to the ministry’s overall budget for 2021-2022 or to the allocation of funds as a result of COVID-19.
G. Kyllo: How many FTEs does WorkSafeBC currently have? If the minister might be able to just provide a comparison on how that compares to previous years — for example, maybe just going back the last three years, for fiscal 2017-18, ’18-19 and ’20-21.
Hon. H. Bains: In 2020, WorkSafeBC had an average of 3,156 FTEs. In 2019, there were 3,109 FTEs.
G. Kyllo: Can the minister confirm…? When he references 2019, is that fiscal ’18-19? There were two different numbers: 3,109 and 3,156. I just wanted to confirm or verify if those were for the years 2018-2019 and 2019-2020.
Hon. H. Bains: Those are the calendar years that the WCB uses, and those are the numbers that I gave you for those particular years.
G. Kyllo: Thank you, Minister, for that clarification. Is the minister also able to share with us how many of those FTEs…? In 2019, he referenced 3,109, and in 2020, it was 3,156. I’m just looking for a number on what portion of those FTEs would be involved in compliance.
Hon. H. Bains: Of the prevention and investigation officers, in 2020 there were 369. That was an increase of 29 from 2019. That will make it 340 for 2019.
G. Kyllo: If the minister could just share what the financial position currently is of WorkSafeBC. Also, we understand that there has been a significant increase in surplus. If the minister could also share with us what the growth in WorkSafeBC surplus is. Can he clarify if it’s related to lower claims numbers or an increase in collected employer premiums?
Hon. H. Bains: The financial position of WorkSafeBC. I will give this information to the member. In 2020, the smooth accounting basis funding level was 153 percent, compared to 152 percent in 2019. This represented an accumulative funded position.
G. Kyllo: If I can just ask the minister if he can just clarify…. I’m assuming that that surplus is in reference to the worker accident fund. Is that correct? Okay, great. Thank you.
With respect to the change in the worker accident fund balance, is the minister able to share where that additional surplus…. Maybe you could provide…. The minister referenced a percentage. If we could actually have that, in real dollars, on what the actual dollar amount is. Then with respect to the increase — if he’s able just to share with this House what actually comprised that surplus — was it from investment income, return increases? Was it from employer premiums? Or is there any particular breakdown on what led to the increase?
Hon. H. Bains: Okay. The accident fund that we are talking about…. In real dollars, they require…. If they were to be at 100 percent funding, it would be $13.6 billion of the fair-value basis.
They made a decision — in order to have a strong financial footing to look after previous, today and future claims — that they want to be at 130 percent. That would require another $3.92 billion. Now, you add that to 13.6 — 3.92 — so you’re at 17.5. Rough calculations here. That will put them at 130 percent. But they have an additional $3 billion surplus, or a little over, in addition to the 130 percent. That’s what takes them to 153 percent.
Now, the member asked how they arrived at those numbers. Is it the premiums? Is it other reasons? Where did the funding come from? First, the growth in the WorkSafeBC surplus resulted from higher than required investment returns. The 2020 return on investment, net of investment fees, was 10.5 percent, significantly higher than the required rate of return, for that year, of 3.1 percent. So they budgeted for 3.1 percent, but they had good financing, good management. The return was 10.5 percent.
Now, when we talk about the premiums — income in 2020, as compared to 2019 — the premium income actually decreased to $63 million to $1.6 billion due to lower assessable payrolls in the province. As we know, the reasons are due to COVID-19 — a reflection of the impact of the COVID-19 pandemic on the B.C. economy.
G. Kyllo: I really do appreciate that additional information.
Last year the minister claimed that the changes relating to Bill 23 would only result in a 1.4 percent increase per $100 of payroll. If the minister could just confirm. Are the increases consistent with the minister’s estimates?
Hon. H. Bains: As the member will know, Bill 23 came into effect in January of this year, so we don’t have enough data or the claims, because we are just at a part of the year.
What the board does is that they look at the impact of premiums in the fall. They will be in a better position in the fall when they talk about the premiums and what the premium should be for the following year, for the employer. So far, we don’t know the real impact of Bill 23.
G. Kyllo: Just a follow-up. I’m assuming that WorkSafe would provide quarterly budget updates. If I could just ask the minister for a bit of clarity. Is it the intention of WorkSafe that they would wait until the fall before they would review the performance?
I’m just kind of concerned that an organization the size of WorkSafeBC…. I would assume that they would be having a fairly close, succinct look at the actual cost implications of any policy change. Bill 23 did effect a change. The minister has indicated an estimation of what he felt it would actually cost as far as an increase in premiums.
Could the minister maybe just provide a bit more clarity on what the reporting structure is within WorkSafeBC to monitor any particular policy changes and the direct impact that that actually may have on claims as they go through the year? And as a follow-up to that…. Maybe I’ll just take the opportunity now.
The Parr report that was actually put together, I guess, to help inform the creation of Bill 23 had set out and gave an estimation of about 2.6 cents per $100 of payroll, which is significantly higher than the 1.4 percent that the minister had indicated. So there’s a discrepancy, I guess, between the amount that the minister had forecast and what the Parr report had actually set out.
Just looking for a bit of clarity, and, I think, assurance, for business owners that this change in policy, indeed, will be similar to the 1.4 percent that the minister had initially advised the House at the outset of Bill 23.
Hon. H. Bains: As the member would know, the WCB board is independent of the government. They make decisions based on the information that they have. They meet on a monthly basis. They look at the trends, and then they have their own actuaries. That’s why the WCB budget is not included in the ministry budget. They work independent of us.
The numbers you talk about. When we talk about the premiums, it comes around fall. I think that’s what the WCB board of directors do. They look at a number of factors that impact the premiums, the claims — the cost of claims at that particular time, at that particular year. The return on their investment. They look at…. This year in particular, they will be looking at the impact of COVID because that adds another challenge to the challenge that they have.
The Parr report numbers. The member should know that we did not go entirely with Parr recommendations. We picked up pieces of it, and the information we had at that time to cost out the remainder of what we included in Bill 23 were the numbers that we gave.
S. Furstenau: Thanks to the minister for this opportunity, and in collaboration with the official opposition for scheduling some time. This is much appreciated.
I just want to start with the announcement today around the minimum wage going up to $15.20 an hour. This is the work of the Fair Wages Commission to make these recommendations. My first question around minimum wage is: could the minister please provide an update on the status of work around piece rates and what people can expect in terms of any advancements on that?
Hon. H. Bains: I thank the member for her question. Look, I think when we came in and we put the Fair Wages Commission together to take a look at the minimum wage in this province…. They went around the province and spoke to the workers, spoke to businesses, including small businesses. The academics did their own research. They came back and suggested a pathway to at least $15 an hour over a four-year period. Tomorrow’s increase will be the last of those four years.
We came from one of the lowest minimum wages in the country, and through those recommendations, through the gradual, predictable increases now — starting tomorrow — we will have in British Columbia the highest minimum wage of any province. I say that I’m proud to say that, because we are living in one of the highest cost-of-living regions in the country. The support that we want to give to the lowest-paid workers is paramount, especially during the times that we are going through right now — all of the challenges that we are going through.
Now, the member is coming back to the question about the piece rates. The report recommended going forward to have the minimum wage as the base for piece-rate workers in the province, in the agriculture industry. But they also indicated in their report that there are a number of gaps of information — that enough information isn’t available.
Then as a result of that…. We, as a government, recognized that the workers, especially the lowest-paid workers, must be paid fair wages. At the same time, we want to make sure that the agriculture industry that is so important to British Columbia and our economy can not only survive but thrive. When you look at what’s going on as far as the food security concern, that is of utmost importance.
We put another agriculture economist in there to get more in-depth information. Karen Taylor, the agriculture economist, was hired. She went and talked to the workers, talked to the operators and the economists and came back with a number of different areas of report.
There are a number of crops. There are about 15 crops in British Columbia, unlike other provinces, that are paid through piece rate to the workers. So she came back, and there are crops of hand harvesters where they actually are not employed on piece rate. There are four or five of them, and then there a couple of others who we should be moving into, and could have the capacity to move into, the minimum wage as a base for those crops.
She also talked about challenges faced by the agriculture industry in certain sectors, especially the berries in the Fraser Valley. That’s why we are moving very cautiously. Then COVID hit us. I think we want to make sure that the agriculture industry thrives, because it’s so important for us as a society for our survival and, at the same time, that the workers are paid fair wages, regardless of their occupation.
Having said all of that, we are still looking into that particular area, still talking to the growers. We’re talking to workers and their representatives. The activists have been approaching us, just like the member has asked the question, about the piece rate. So we are still looking into it. We haven’t made the final decision.
What do we do about, at least, those five or six crops? They are easy to move on, but there are others that we are still looking at and those five or six — how many should be piece rate and how many can be moved on, off of piece rate. I think that work is still continuing on, and we will be making those decisions as we go forward.
S. Furstenau: Thank you to the minister for the thorough response. I think it’s interesting to hear his feedback around the work of the Fair Wages Commission and the work that they’ve been doing to get us to this point. Will the commission continue?
Before I ask this, actually, also recognizing that the minister acknowledged that while we are at a higher minimum wage, for most parts of British Columbia, $15.20 does not represent a living wage. We are a ways off from that. The Fair Wages Commission really had the mandate to look at recommendations to achieving living wages. So will the commission continue its work?
Hon. H. Bains: The short answer is yes. That was the last part of the Fair Wages Commission’s mandate, to look at the minimum wage and the living wage and what we do to deal with the discrepancy between the minimum wage and the living wage, because that is a very complex area. Minimum wage is all across the country, but the living wage may be different in different areas of the province, depending on where you live.
That’s the kind of work that they will be doing. That still is part of their mandate, and we’re expecting that last part of their report some time this year.
S. Furstenau: I’m happy to hear the work of the commission will continue.
In terms of the piece rate and recognizing the challenge that exists for the agricultural sector and for farmers and, as the minister points out, the importance of increasing food security for British Columbia, given the level of subsidies to other industries in this province, say, for example, LNG, is there any consideration of there being a program that would support ensuring living wages through government support or subsidies?
Hon. H. Bains: I think as a government, we have numerous support systems since the beginning of COVID, the beginning of last year, the last 14, 15 months. The Economic Recovery Task Force…. These type of issues are discussed there. Different ministries have different programs.
I certainly…. Part of my ministry and my responsibility, Member, is that I want to make sure that the workers are paid fairly, regardless of their occupation, and that the industry is supported to ensure that they can not only survive but thrive and so that we all can have our locally grown food.
As far as whether there’s any consideration to provide financial support to the agricultural industry, I think that question could go to a number of different ministries. That does not fall within my ministry.
S. Furstenau: Just a follow-up on that, the question is specifically around ensuring that workers have a living wage. That’s why I would put that to the Minister of Labour. We can check in with other ministers as well.
I’m going to turn over to the sick pay program. I just want to start by checking in on, as this is part of his budget estimates, the cost estimates for the three days of sick pay that have been brought in by legislation for the rest of this year related to COVID. Has the minister got a cost estimate for that?
Hon. H. Bains: I must advise the member that it is very difficult to pinpoint exactly how much the cost would be, but there were estimated costs given to us, based on a number of assumptions. I think the assumption was that it depends on the trajectory of the COVID-19 pandemic over the next few months, as we talked about during our discussion of the bill debates.
It was that if 60 percent of all those who are eligible for the three days COVID-related sick leave between now and the end of the year utilize all three days, the cost to the government, through the treasury, at the cost of $200 per day reimbursement to the employer, came to about $320 million. But then again, it is making all those assumptions. That is the cost to the government: $320 million based on the assumptions that I just laid out here.
S. Furstenau: In terms of the work now being done, with the intention of bringing it in through regulation on permanent sick days, is government and the minister working around the intention of continuing a program in which businesses would be reimbursed as they are for this COVID sick pay? Or is it an intention that businesses would be shouldering the cost burden?
Hon. H. Bains: We canvassed this during the bill debate. We made it very clear that going forward — effective January 1, 2022 but leading up to that date, between now and the end of the year — when the first part of the sick leave program is being implemented of three COVID-related sick days, we will utilize this time to do the consultation. During these consultations, those types of decisions will be made. The information that will come back to us from employers, from the workers, from academics, what model, what kind of program there should be — all of that still is a part of the consultation.
That’s the whole purpose of consultation — to listen and then collect all of the information, understand where they are all coming from and what kind of a model we want to move forward with, how many days, etc. That decision will be made between now and December 31, 2021.
S. Furstenau: I think that, yes, this was canvassed while the bill was in front of the House, but this presents what seems like the last opportunity for members of the House to be able to ask questions about a permanent sick pay program that will be brought into regulation, because while the minister indicates that the consultation will be happening with business — and I know that he suggested that opposition parties could also participate in consultation — the reality is that this regulation will be brought in with no further opportunity in the House, on the record, for questions to be asked about this program.
I still think that this is an unfortunate decision that’s been made by this government to proceed in this way on such a significant piece of legislation with significant impacts. For example, the minister has indicated that estimating the cost for the COVID three days of sick pay between now and the end of the year is difficult to estimate. How is he going to be able to estimate the cost of this program? And how has that been budgeted into his budget when the program hasn’t been developed yet?
Hon. H. Bains: First of all, I think the member knows how important it is, the lessons learned during COVID-19 for the last 14 months. One thing came out very, very clear — that if you are sick, you stay home. That not only is good for the worker but also good for businesses, because many workers ended up going to work because they couldn’t afford to stay home when they were sick, so they ended up transmitting the virus to other workers. In many cases, those businesses had to shut down, and that is a huge cost to businesses.
I think many businesses, as a result of that, started their own paid sick leave, allowing their workers to stay home if they feel sick. Or if they come to work and they feel that they’re not well, then they were sent home with pay. I think the employers understand that, and I think the medical community understood that. I think that’s why it’s important not only that we deal with the sick pay leave issue now during COVID-19, but post-COVID-19 it is important. The cost of not doing, we have learned, is enormous. It’s not in the tens of millions. It’s probably in the billions.
I think that’s the reason why we listened to the workers all across the country — that they want us to move on the paid sick leave area. And we did that in two portions. One, because of COVID-19, the employers are hurting. They still haven’t recovered, and they are starting to get back on their feet as we reopen our economy with all different kinds of economic benefits, programs that this government has put together to help them get into recovery mode.
At the same time, we also all heard and listened that we should do everything that we can to stop the transmission of the virus at workplaces, and that’s why three days’ paid sick leave. The decision was made that the government should compensate or reimburse the employer because we are going through tough times. The employers are going through tough times.
But going forward, I think the decision we want to have between now and December is what kind of sick leave program there should be. We want to listen to the employers. We want to listen to small businesses. We want to listen to all businesses, listen to the workers and see what their difficulties were. Why would they not take time off? We heard all kinds of stories. They couldn’t afford to stay home. That’s why they ended up going to work. They didn’t feel good when they heard that they passed the virus to other workers and then the plant had to shut down, and other workers all took time off. It hurt the business, and it hurt those workers, as well, and our economy.
So I think that discussion will take place. We want to hear. We want to listen to businesses and employers. I’m sure they will have all kinds of discussions about the cost implications, who should wear the cost, how many days. That discussion should take place at the consultation table. I think to decide anything now would be pre-empting the consultation, because we as a government believe a real consultation….
Our record is very clear. Whether it was a labour code consultation, whether it was employment standards consultations or the temporary foreign worker consultations, we went around the province, listened, came back. We make those changes through legislative or regulatory changes based on what we hear.
Member, that’s why…. I’m not belabouring the issue, but I just thought that I would put all of that in perspective. We will be listening very, very carefully. We want to have that discussion at the consultation table, and then we will learn from the discussion that will take place. I’m sure that that kind of information will be passed, financial and otherwise, and we will consider all of that before we make that decision.
S. Furstenau: This will be my last question. Just in response, in no way was I disputing the need for paid sick leave. Indeed, I had put in an amendment to increase it from three days to five days.
What I’m pointing out is that there won’t be opportunity for this House to have any more time to put questions about what the final version of a permanent sick leave program will be when it is brought in through regulation. As the minister points out, COVID has indeed taught us a great deal. I think that one of the things that it has exposed and exacerbated is inequality, not just for individuals, but for businesses. Some businesses have struggled enormously to survive or have not survived. Those are largely smaller, independent, locally owned businesses, while other businesses have reaped enormous profits in these last 15 months.
My final question — and I recognize that likely the minister will not be able to answer this, as he’s going to be going to be going into consultation — is: will there be a way to recognize that businesses are not all the same and that a business that is able to provide dividends to shareholders because of enormous profits being made is a very different business than a locally owned, independent business owned and operated by small business owners who are very often operating very close to the line?
As a former bookkeeper for many small businesses, I can tell you that most businesses, month over month, that I worked for didn’t make it over the line. They were often not meeting all of their expenses. The thing that business owners would do is not pay themselves. They would pay all of their employees and all of their bills first, and the last to be paid were the owners.
Is that going to be recognized in the creation of a permanent sick leave program in this province — that putting the same program onto all businesses will actually contribute to exacerbating the inequalities that we’ve seen develop over these last 15 months?
Hon. H. Bains: I think that the member made a very, very good point here, but those are the discussions that will take place at the consultation table. I am certain that we will hear those types of discussions coming from businesses and coming from others, as well — that yes, during COVID, many, many businesses were impacted negatively. But there were businesses that did well, and we understand that. I think that going forward, those decisions will take place between now and December 31.
Member, I do appreciate the questions that you raised. They are very good, valued questions, and I do value them. But during those consultation processes, I’m sure that those discussions will take place. There will be all kinds of different models discussed, the cost to the program, how many days, who should qualify, which employer and whether certain employers will be helped and others will not be helped. That discussion will take place at the consultation table.
Member, I do appreciate that question, but I certainly admit to you that I won’t be able to answer that question, because that’s the whole purpose of consultation. I’m hoping that those questions will be raised during the consultation. Then we will take those, absorb them and make decisions once we have all that information.
G. Kyllo: Thanks to the leader of the Green Party for the break, the interlude.
Just before we moved over to some questions from the Green Party, through a question on Bill 23, the minister had indicated that the 1.4 cents was derived because not all of the recommendations of the Parr report were actually moved forward on with respect to Bill 23.
If the minister can just provide some specific clarity on which sections were actually adopted and arrived at for the 1.4 cents per $100 of payroll.
Hon. H. Bains: The changes that we made to Bill 23 were: increasing the maximum earning threshold for calculating workers’ compensation to bring B.C. more into line with other Canadian jurisdictions; enhancing the WorkSafeBC occupational health and safety investigation framework to support the health and safety of British Columbian workers by enacting further recommendations following from the 2012 sawmill explosion tragedy, vis-à-vis the Lisa Helps report; enhancing the operational effectiveness of the workers compensation system; and shortening the statutory time frame for WorkSafeBC to introduce an occupational disease presumption for COVID-19 so that the workers in occupations impacted by COVID-19 will have quicker access to workers compensation.
Now, the cost that was calculated at that particular time — based on the information that they had and based on the assumptions they could make at that time with the available information — was that it would cost about 1.4 percent per $100 of payroll.
G. Kyllo: Thank you very much, Minister, for that additional clarity.
Is the minister able to provide what the actual cost was for each of those different items that were listed out? Was there a breakdown on the costs for each of the specific areas — like, for example, the investigation framework and the maximum earnings? Is there an actual percentage or dollar figure that’s attached to each of those?
Hon. H. Bains: I think we debated that and canvassed that during the bill debate — that type of thing. We don’t have that information right now, but we can get that for you.
G. Kyllo: I would certainly appreciate if the minister could provide that additional information.
Now, as we go back to the undertaking within WorkSafeBC to actually…. They’ve obviously estimated what the potential costs may be of these additional changes. Before the break, I’d asked if there was any opportunity, if WorkSafeBC had any indication on whether the estimated costs are actually going to be able to be achieved or not. The minister had indicated that typically, those reviews aren’t undertaken until later in the year, as they start to have a look at assessing the actual costs.
I’m just wondering if the minister can clarify that they have actually captured the different cost accounting within WorkSafeBC, so that by the time they come back next fall, they’ll be able to better assess what the actual costs of these changes have been. I appreciate that the minister won’t be able to provide that clarity now. I was just going to ask if he could clarify, through WorkSafeBC, if they’ll actually be able to report out. So maybe in next year’s estimates, we’d be able to fine-tune how successful they were in actually meeting that projected cost estimate.
Hon. H. Bains: Yes. I’m advised that we should be able to get that information during next year’s estimates.
G. Kyllo: In the consolidated statement of financial position on page 110 of the 2020 annual report, it indicates that WorkSafeBC had $41 million of accumulated or other comprehensive losses. I’m just wondering if the minister can provide a bit of detail on where those losses arose.
Hon. H. Bains: I’m advised that this particular item that the member has asked a question about is about the actuarial assumptions used to calculate the year-end valuation of the employees’ pension plan and the retirees’ pension plan. It’s not a real asset loss; it’s the valuation that they use year over year. I think the pension plan itself is over $2 billion, I’m advised. But this is the actuarials’ way of making assumptions and then coming up with these numbers at the end of the year.
G. Kyllo: So as a follow up, if the actuarials…. If their report indicates that the pension plan is underfunded, is there an obligation within WorkSafeBC to top that pension plan up in subsequent years? Maybe the minister could just provide a bit of clarity on the particular recorded loss by the actuarials — if and when there is a requirement for WorkSafeBC to put additional funds into their pension plan to make up for any potential losses.
Hon. H. Bains: I’m advised that what you’re looking at in the book doesn’t mean that the pension plan is underfunded, so they’re not required to do that. But there are rules around pension plans, as we know, governed by legislation — provincial or federal, depending. I think, based on those rules, the board of directors or the trustees of the pension fund make those decisions, if they’re required to do that at that particular time.
G. Kyllo: I appreciate that response. Just so I have maybe a clearer understanding, the recorded loss of $41 million has not actually occurred. It is an estimation. So there has not been actual…. The losses are, in essence, hypothetical, in that…. Did the fund not achieve the revenue returns that they had initially anticipated? Is that what references this $41 million of loss? I’m just trying to get a better understanding of where the actual loss occurs and if there will be any net fiscal impact to the organization.
Hon. H. Bains: It is, as I said before, an actuarial assumption on the pension plan for the employees and their retirees’ medical plan. It’s not a real asset loss; it’s assumptions. Last year it was $80 million over. This year, if you look at the same numbers…. They make those assumptions. The actuarials make those assumptions year over year based on a number of different factors. There is no real asset loss that reflects $41 million.
G. Kyllo: Thank you to the minister for that. I don’t have a lot of experience with actuarials. Are the actuarials employed within WorkSafeBC, or is it an outside entity that actually reviews the value of the pension plans and reports to the ministry? Further to that, the minister might be able to advise, when the actuarials are doing their assessments, is it a set assessment? Or can the pension fund managers give direction to the actuarials whether they want to have a high- or mid- or low-range forecasted estimate?
The minister had indicated that the year prior, there was about an $80 million surplus. In this current fiscal, it appears that there was about a $41 million loss. Just so I get a better sense of the direction of WorkSafeBC and the actuarials. I appreciate that the actuarials likely are independent and may be even outside of WorkSafeBC. I’m just looking for a bit more clarity on how the actuarials make their determination for reporting back.
Hon. H. Bains: To answer the first part of your question, these are external experts, the actuarials. There’s an internal committee. They monitor, watch, to ensure that the pension plan is funded appropriately. This particular pension fund we’re talking about is fully funded, and therefore, they’re very, very prudent as they move forward.
G. Kyllo: Well, that’s certainly good to hear. Is the minister able to share the name of the firm that actually provides the actuarial reports and advice to WorkSafeBC?
Then, as a further expansion of the other question that I asked previously, is it…? I appreciate that there well are different opportunities for the investments and maybe direction that WorkSafeBC may give to the fund managers, whether there may be a high, mid or low appetite for risk.
Just wondering if the minister is able to indicate if a similar set of criteria is available when WorkSafeBC is speaking with the actuaries, if they also can, in directing the actuaries, say whether they should take a high-, a mid- or a low-range forecasted estimate, as far as the potential risk of the numbers.
A bit of a long, circuitous question, but just hoping the minister might be able to provide a little bit more clarity so I have a better understanding of the interplay between WorkSafeBC and the work that the actuaries actually undertake.
Hon. H. Bains: I’m advised Eckler is the company that does their management. There’s no such thing as a low, medium or high risk. It is a balanced approach, I’m sure they take, so that they are able to sustain the risk, if there is any. At the end of the day, the idea is to make sure they have a sound financial approach to this, because we are talking about a pension, and obviously, they’re doing well. It’s fully funded, and there’s no risk to the organization at this time.
[J. Sims in the chair.]
G. Kyllo: In keeping with the list of questions that were submitted last week, I’m just going to move off of WorkSafeBC into employment standards branch. Then certainly, I still do plan on coming back to WorkSafeBC a little bit later in the estimates process.
If the minister could just share with us how many FTEs the employment standards branch currently has.
The Chair: Minister.
Hon. H. Bains: Thank you, hon. Chair. Welcome to the chair.
For fiscal 2020-2021, there were 142 FTEs at the employment standards branch.
G. Kyllo: If the minister could just share with us how the employment standards branch has been affected by COVID and the pandemic. If the minister could just share any concerns or any impacts COVID has had on the actual employment standards branch.
Hon. H. Bains: COVID-19 impacted many government operations, private entities, individuals, businesses. At employment standards, according to the question that the member asked…. I will give you a number for different areas — how the employment standards branch was impacted and how they adjusted to deal with COVID-19.
First, their challenge was to maintain FrontCounter in person, a physical presence for the public with the appropriate precautions at almost all of its offices throughout the province; maintain compliance with the provincial health officer orders and health and safety guidelines; then, where operationally feasible, support employees to work from home to minimize contact and maintain physical distance, as per the provincial health officer guidelines; where operationally feasible, modify some labour programs’ delivery methods in response to the COVID-19 emergency; implement measures to minimize the risk of transmission in the workplace, including cleaning and hygiene practices; maintain physical distance and, where physical distance could not be maintained, implement physical barriers.
GBA+. The ministry encouraged staff to have conversations with their supervisors to adopt work schedules and work arrangements, where possible, to accommodate their diversity and unique needs.
Psychological and mental health issues, as you know, also came forward during COVID. The ministry executive continuously monitor and manage employees’ fear, anxiety and any misinformation through communication or regular updates.
Business continuity plans. Ministry branches were directed to review and update their business continuity plans in response to the COVID-19 emergency.
There’s a whole number of different practices and programs that they had to adopt, just like anybody else. Those are some of the highlights that I can give you.
G. Kyllo: Thank you for that response.
Can the minister share just how many complaints the employment standards branch received in 2017, 2018, 2019 and 2020? I guess, as part of that, too, if the minister can just confirm whether they report their numbers based on the calendar year or if it’s similar to the province’s fiscal year.
Hon. H. Bains: A good question, Member. I think we need to look at this area. I’ll give the numbers, but we need to go back.
I believe, if my numbers are correct, that around 2002 or 2003, the complaints were around 9,000, 10,000, 11,000. Around that time, the government decided to close half of the employment standards offices and to lay off almost half of the staff. They also instituted a number of different practices such as self-help kits. That drove the complaints down. People gave up on filing complaints. They couldn’t fill out those self-help kits.
I remember…. I know this because I was approached in my previous life to help those workers. Many of them are new immigrants. English is their second language. When they were told, “Go back to your own employer after you fill out this self-help kit,” where the dispute started in the first place, they basically didn’t want to go. They found the courage to go to the employment standards branch. They weren’t paid properly. The vacations weren’t paid. The overtime wasn’t calculated properly.
Now they’re told to go back and confront the same employer. They found the courage to come to employment standards, hoping that somebody would help them. They didn’t want to be in a position where they now risk facing the wrath of the employer. We are talking about vulnerable, non-union workers, many of them new immigrants.
I can tell you, Member…. What happened is that people just gave up on those complaints after they were told: “Fill out the self-help kit before we can take your application.” They gave up. So the applications came down to about 5,000. Almost half.
I could give you the numbers. In 2016, almost 5,000 complaints, 4,953. In 2017, 5,063. In 2018, 4,958.
In 2019…. This is the time when we brought in the Temporary Foreign Worker Protection Act. This is the time that we got rid of the self-help kit. Now the complaints start to go up — 7,294. In 2020, there were 7,403.
Those are the numbers. I gave you the reasons — what’s happening and what’s behind those numbers. These are real people. These are the people that felt that their employers did not comply with the law, and therefore, they are seeking help from employment standards.
Now, not only that, but we have made a number of changes to help those workers. There’s a multilingual telephone line available to them to phone and talk to anybody to get some help and information. Both the employer and the employee can take that information. Many times the issues are resolved over the phone call.
Those are the numbers, Member.
G. Kyllo: To the minister, thank you for the information. The minister has indicated that we had a significant increase for the last number of years, 2019 and 2020.
Could the minister share with us how many of the total of 142 individuals, the FTEs, that work at the employment standards branch…? If he could indicate how many adjudicators…? How many of that staffing complement are adjudicators that actually work with employees to try and help them rectify their claims.
Hon. H. Bains: Branch positions are not identified as adjudicators. There is an employment standards branch staffing model that comprises employment standards officers, industrial relations officers/investigators and team leads.
I can give the member some numbers here. Employment standards has 25 ESOs, 38 IROs, 13 team leads permanently and employment standards also has additional temporary staff of 13 ESOs and three IROs, as well as eight data clerks who support complaints processing.
G. Kyllo: Can the minister confirm: if an individual or employee contacts the employment standards branch, are all of those positions able to actually provide assistance, or is there only a percentage? Maybe if the minister could just provide clarity on which of the number of different staff positions actually provide direct services to individuals that may have a complaint.
Hon. H. Bains: I would say all of them are involved, in some way or another, to deal with any inquiry or complaint that comes their way, whether they are answering phone calls — as I mentioned earlier, a multilingual-language line.
Then: who deals with what kind of complaints? There are issues about auditing. Some requests come. They go and check the payroll to make sure that they’re complying with the laws of the province as far as the employment standards. Employees, many of them, would say: “Look, not only me, but a whole number of us are in a similar boat.” They are all not being paid this or that. Then sometime they go in and check the payroll to ensure that every worker is paid according to the minimum standards of the province.
To answer your question and come back to you, I would say all of them, one way or another, deal with inquiries, complaints, audits.
G. Kyllo: Thank you to the minister for that answer. The minister, at the outset of this line of questioning, indicated that there were 142 FTEs working currently with the employment standards branch. If the minister might be able to provide us with what those staffing level numbers were in, say, 2018-19 as well — just to get an idea of what the staffing levels have been over the last three years.
Hon. H. Bains: So 2020-21, I think I gave the numbers. In 2019-20, there were 135. In ’18-19, there were 99; ’17-18, there were 96. In ’16-17, 96. We have about nine offices now, Member, across B.C., and in 2002-2003, we had 18. I’m advised that the numbers of the FTEs at that time were between 170 and 180.
G. Kyllo: Thank you, Minister, for that additional information.
With respect to the number of claims, I just wanted to ask a bit of a series of questions, with respect to the actual amount of time it takes. So when an employee initially calls the employment standards branch looking for advice, the minister indicated that there are folks that are available on a 1-800 number where they can in many cases maybe even provide some satisfaction to those employees and answer their questions there.
However, if there is a complaint that can’t be resolved through just a conversation with the employment standards branch, I’m assuming that an officer is likely assigned to that particular employee. So if the minister could just maybe share with me what that process looks like, whether there’s a file number that’s actually attached to that individual that’s making the complaint.
Then what would the process be and the approximate timeline, and what performance indicators are actually undertaken within the office to determine how the performance of the office is year over year? Obviously, one of the stats would be the number of calls or complaints coming into the office. The other piece would be the average length of time that it would actually take in order to find resolution for an employee that has a concern.
Hon. H. Bains: Complaints come every day, all hours of the day. The phone calls come, and the phone calls are answered. Sometimes that issue is resolved right there. They need some information, there may be confusion about what the law is and how it should work. Once the question is answered, the problem is solved. If it’s not resolved there, it’s assigned to an officer. Once it’s assigned, the average days to resolve the file have ranged from 42 days in 2017 to 61 days in 2020.
G. Kyllo: Madam Chair, I appreciate the answer from the minister. If the minister could just provide a bit more clarity on what the actual average days were for settling a claim in each of, say, the last three preceding years. For 2018, 2019 and 2020, there was a range of days that the minister had provided. I’d just like to kind of see what has happened to that average amount of time, to actually rectify a claim, over the last three years.
Hon. H. Bains: I think I gave a couple of numbers. In 2017, once assigned a complaint, it took 42 days. Then I’ll give you the other numbers. In 2018, 47 days; in ’19, 60 days; and 2020, 61 days.
G. Kyllo: Thank you, Minister, for that information.
Now, on the numbers that the minister has provided, he’s indicated that that’s the days to resolution. The minister indicated that many calls will just come in initially, and those calls might get rectified during that initial phone call, or even a follow-up phone call.
If an employee were to make an online submission, is that the day that is actually recorded as the start time for what the minister has indicated as days to resolution? When the online submission comes in, is that day one? Then, when they have a final resolution, would that be the end day? The minister had indicated that in 2020, for example, it was 61 days to resolution. I just wanted to clarify: is the starting time when their actual submission comes in?
Hon. H. Bains: Those are the days that I gave the member: once the application or complaint is assigned to an officer. But the average wait time for assigning a file to an officer has a range. Again, depending on the complexity of the situation, it ranges from two months to seven months, going from 2017 to 2020.
For example, in 2017, from the day the application was received, it took 64 days to conclude. In 2018, it was 92 days. In 2019, 134 days. It’s all, I think, as I mentioned before, the added work. When we removed the self-help kit, more complaints came. We brought in the Temporary Foreign Worker Protection Act. Extra work went onto the employment standards branch, and then now COVID-19.
The member will know that we had the canvass, that we had the debate in the House previously, on keeping workers connected with their employers. First, we extended the temporary layoff provisions, and then, under the Employment Standards Act, the employer and employee together could apply to the employment standards branch for a further extension. The idea was to keep the workers in the businesses and their employer connected because once they’re in position, they could be recalled.
We had — I don’t have an exact number; we can get that number — I think, something like 12,000 workers getting help through that. I believe over 1,000 or 1,200 employers took advantage of that, so that added to the workload. With all of that, when you conclude the application — the complaint, from the day it is received to the conclusion — that time has increased in the last couple of years.
G. Kyllo: I appreciate the minister’s providing that additional clarity. The minister had indicated that the number of days to resolution in 2018 was 47, in 2019 was 60, and 2020 was 61. Those numbers all look fairly consistent. But those are from the date, as the minister had clarified, that the file is actually assigned to an officer until there is resolution on the file.
The other numbers, though, that the minister has just shared are indicating the number of days from the time they make their initial submission to resolution. The minister referenced 2017 at 64, 2018 at 92, and 2019 at 134. I want to just make sure that I’m getting the numbers correctly.
Can the minister just confirm that those numbers that were provided were from the date that the initial submission was made to the employment standards branch until final resolution? If the minister could also provide the missing number, which is for the year 2020.
Hon. H. Bains: Yes. The answer would be yes to the question. It’s the date the complaint is filed, and then the date that it is concluded. Those are the number of days it took.
By the way, I thought I gave 2020 numbers, as well. It’s 195.
G. Kyllo: Thank you to the minister. I do appreciate that additional information. It looks like from 2017 to 2020, it’s been a significant number of days from…. As the minister indicated, that’s when the claim was filed, to resolution. How does that file date correlate to the date that the complaint is actually made?
The online submission — does the file date correlate directly with the time that an employee actually files online and notifies the employment standards branch of their concern?
Hon. H. Bains: It’s the date the file is received.
G. Kyllo: Thank you to the minister for that clarity. So an employee has a challenge with an employer, or a question. They contact the employment standards branch. Currently, for 2020, anyhow…. I imagine that it has improved, but for the year of 2020, the average number of days from submitting a complaint, looking for clarity from the employment standards branch, is 195 days.
Can the minister provide what are the shortest and the longest duration of number of days to complete? I appreciate that that’s an average, but I think, also, there is probably going to be a significant number that might have their complaint heard and adjudicated earlier. Some may be later. If we could just have a look at what the actual date range would be from the shortest to the longest.
Hon. H. Bains: It’s very tricky how they come up with this average, Member. I’ll try to explain it as clearly as I can.
An employee filing a complaint because he’s got $20 missing from the paycheque that the employee feels should have been overtime, versus not paid overtime…. Or then you look at the other end. That particular one will take a very short time — perhaps a phone call from the employment standards officer to the employer, to the worker. Is it, or is it not? Once it’s established, many times an employer will say: “Yes, we made a mistake.”
But on the other hand, there are bankruptcy situations. I know one case. It was over three years, because the employer owed a bunch of money to the workers and declared bankruptcy. Now they are in collections. They are into all kinds of different areas to secure the assets that the employer may have, the directors may have. They’re using all the avenues that they need to in order to collect on behalf of the workers. That could take a long time.
So again, those are the numbers, I think, that we can use, from the shortest period — a phone call — to two years, three years, four years, in the case of bankruptcies. Then that’s how, I think, they came up with these average numbers.
G. Kyllo: I know it’s challenging, as the minister has indicated. Some claims might be able to be settled on the same day. I’m assuming that a call that comes in, a claim or a concern that could be settled even within two days, would also be part of the calculation.
Can the minister just kind of walk us through the actual calculation that’s undertaken to arrive at the day? The minister has indicated, in 2017, the 64 days; in 2018, 92. There must be a calculation that was undertaken in order to provide those particular numbers. I’m just wondering if the minister could provide some clarity.
The reason I’m asking the question is that I received a couple of different emails from individuals that indicated that there’s a significant challenge with trying to get claims satisfied. I think we can all appreciate that if there’s an employee who has maybe been terminated, feels the termination was unjust and looks to the employment standards branch for resolution, they may need severance pay so they can actually cover their rent payment or put groceries on the table. It’s really important that, in order for those individuals to have access to justice through the employment standards branch, there needs to be timely resolution to those types of claims.
I think it’s a really important issue and, I know, one that the minister would be equally concerned about. If the minister could just provide a bit more clarity on the calculation that is utilized to derive those specific numbers.
Hon. H. Bains: I think those are the…. That’s how they would come up with the average. Taking just a few days to resolve one complaint, which is simple — a phone call. Couldn’t resolve it on the phone, but now the complaint is filed. Somebody is assigned, and somebody picked up a phone. They are triaging. There’s a transformation going on there. They triage the different complaints. It may take only a few days in one case.
But yes, Member, you’ve heard and I’ve heard that there are others who are waiting for a longer period of time to have their complaints heard and resolved. Then again, when you add all of that into three or four years like I mentioned, one or two areas of bankruptcies, it all changes the average. That’s the average, and I think we are working very, very hard right now, and the staff is working very hard in order to put a dent to the backlog, because I agree with the member that these are the workers who are, number one, most vulnerable.
They are mostly at the minimum-wage area. Many of them are racialized, and they need justice in a timely fashion. I’m committed, and our government’s committed to ensure that that happens, and we’re moving very, very quickly, moving resources, adding resources to ensure that their complaints are heard in a timely fashion.
But COVID did add to the issue. As the member will know, we canvassed this in the House. The various applications were quite a few. Actually, the numbers were over 15,000 employees who benefited from the various applications — 1,100 employers. So I think that added to the workload. But we are committed, and the staff is committed. They’re working hard to bring the backlog to an acceptable level.
Madam Chair, if I may ask for about a ten-minute health break.
The Chair: Thank you, Minister. I’m now going to move that we do take a ten-minute recess. So we will return in ten minutes.
The committee recessed from 5:12 p.m. to 5:23 p.m.
[J. Sims in the chair.]
G. Kyllo: I appreciate the response from the minister. The minister, in his last response, referenced “backlog.” I’ve heard that term used within the branch or by folks that actually work in the branch. Can the minister provide some clarity on what the current backlog is within the employment standards branch?
Hon. H. Bains: I think that, when I was talking backlog, those are the number of days it takes from the complaint to the conclusion of the complaint. Once the complaint is received, then it takes that long to be assigned, and once it’s assigned, how many additional days it takes to resolve. So that’s what backlog I’m talking about, and 2020 I think the number of days was 165 that, I believe, I gave the member.
G. Kyllo: Thanks to the minister. “Backlog” is a term that the minister used, and I certainly don’t want to assume anything. If the minister can just provide some clarity. The term “backlog,” which I know is used quite extensively within the employment standards branch — if the minister can just provide some clarity on what the definition of “backlog” is. So when the minister refers to the backlog, specifically, what is he referring to, in using that term? And then, as a follow-up, what has the backlog been for 2017, ’18, ’19 and ’20?
Hon. H. Bains: I think that it can be looked at in different ways. One is what I explained to the member. The other one would be how many applications or complaints there are waiting in the queue to be assigned and to have their complaints concluded. The 2020 numbers, I’m advised, are about 4,400.
G. Kyllo: The minister referenced 4,400 claims that are in queue — basically that have been submitted online yet to be actually assigned to a staff person. If I go back to some of the numbers that the minister had provided previously as far as the number of claims that are actually administered on an annual basis, I believe that one of the numbers was around…. Here we are.
Stats for fiscal year 2018. In 2018, only 5,400 total claims were actually received in that fiscal year, yet there are 4,400 online-submitted claims that have yet to even be assigned to an officer. So using 2018 numbers, that would probably represent close to a ten- or 11-month backlog. But as the minister has indicated, a significant number of the claims that come in are settled within a day, so I have heard that the backlog within the ministry over the last two years has grown to over 12 months.
That employee that is looking for clarity, that is looking to the employment standards branch to find resolution to a concern or challenge that they have with an employer…. Those online submissions — many of those are sitting for a full 12 months, a full year, before they’ve even been assigned to an employee or a staff member to actually try and assist them with satisfying that claim. I’m not sure if many folks listening from home would, in any way, shape or form, feel that is justifiable.
To further exacerbate the challenge, there are two bills that we’ve debated in this Legislature over the last six weeks. Bill 3, around paid leave for vaccinations…. We know, because there is a lack of clarity with respect to the language within the legislation, that the minister has indicated that for any disputes which may arise with respect to that piece of legislation, those employees would be directed to employment standards branch to help satisfy and adjudicate those concerns.
The paid sick leave bill, Bill 13, was passed in this Legislature just a couple of weeks ago. If there are any disputes between an employee and the employer with respect to their accessibility to paid leave…. The minister has indicated that, in those instances, again the employees would be directed to the employment standards branch to try and provide clarity and resolution to their concern.
Well, if the current backlog is 4,400, and I am hearing — these are claims that have come to me in emails — they’ve had the verbal direction from folks within the employment standards branch saying that it will likely be upwards of a year before they’ll assign your file to a staff member to even try and address your concern. And we have two bills that are going to likely increase…. They’re certainly only going to increase the number of complaints that are going to the employment standards branch. That’s very concerning.
What steps has the minister undertaken to try and address and satisfy this significant challenge and concern and the lack of timely justice that’s being made available to employees that have challenges with the Employment Standards Act?
Hon. H. Bains: I think we need to put things in perspective. I fully understand that if anybody listening to this debate has filed a complaint with employment standards, they expect a timely resolution to their complaint — especially, like I said, those who are at the low end of the wage spectrum. They are paycheque to paycheque, and they need resolution immediately.
As I have said before, and I would repeat that again, this particular area of the Ministry of Labour was neglected for so many years. I mentioned some of the actions taken by the previous government of shutting down half the offices and laying off half the staff. But the demand was always there. They simply went away.
Once they had the opportunity that now they can file a complaint and that the complaint will be followed, and also, when we brought some changes to help and support the workers by examples of the Temporary Foreign Worker Protection Act…. That adds to the workload. You talk about reformation and the changes to the Employment Standards Act. That added to the workload. Getting rid of the self-help kit added to the workload. Then, COVID-19 hit us, and the various applications. Like I said, 1,100 employers, with about 15,000 employees, took advantage of it. They all went through the employment standards. That also required resources.
Now, in order to deal with this…. Nothing happened in the absence of not knowing where we were going, what we were getting into. In 2019, as the member will know, I was able to secure $14 million, going forward, to add resources to the employment standards, knowing that there would be a demand — the demand was always there; it was just being suppressed — and that they would be coming forward, and more complaints would come.
We were adding additional legislative pieces — temporary foreign workers. I mean, I can’t blame anybody about that one, but that was the area of concern. There was abuse and exploitation, so we wanted to deal with that. We did that, and that added to the work.
So $14 million gave us the ability to add the 35 new staff, so we were able to deal with that issue — the workload that was added on to the employment standards branch. But then COVID hit us. Last year, like I said, that wasn’t contemplated, but it…. Employment standards had to spare resources in order to deal with those various applications. That also added to the backlog.
This year again we are adding more resources. There was quite a bit of turnover, as well, in the employment standards, so there were some vacancies. So 14 permanent vacancies are being hired in February this year — are being filled right now — and there are 13 temporary. Let me make sure I’ve got it: 14 permanent, 13 temporary. And an additional 11 temporary staff are being recruited so that we can deal with the backlog and, as the member said, the workers can get their applications dealt with in a timely fashion.
I’m committed to making sure that the workers have their complaints heard in a timely fashion, and we’re going to get there.
G. Kyllo: I’ll try to be as respectful as I possibly can be. But timely? Upwards of a year before your complaint even sits and lands on the desk of somebody that can actually have a look at it is not timely. It is not timely.
I canvassed these same questions during committee stage in the Legislature on Bill 13, asking specifically about the backlog with the employment standards branch. I asked the minister at the time what he felt would be a reasonable amount of time for somebody that has a concern with their employer to have their concern heard and adjudicated and find final resolution. The minister indicated at the time that his expectation was four to eight months.
I think that an employee that has maybe been not paid severance that’s actually required of them, and they need to have that cheque so they can make their rent payment that month or actually put food on the table…. Four to eight months is not timely, and it’s certainly not acceptable. But the minister shared with us that the backlog of 4,400, currently, likely means that an individual that has a claim won’t even be assigned an officer to actually look at that claim for upwards of a year. A year — where’s the justice in that?
You know, the minister is quick to reference 2002 and all the problems previous. Well, the backlog has only grown under this government’s watch. I have it under good advisement that the backlog, three years ago, was only two months, and it is now upwards of a year.
I have it in writing from a constituent that said that they were told on the phone that your file will not even be assigned to an agent that can look at it and assist it for upwards of a year. That’s just simply not acceptable.
Look, I appreciate that the minister is doing what he can with the limited budget that he has, but…. Maybe I’ll put it this way. Did the minister advocate and look to the Minister of Finance and to the Premier for additional funding lists so they can actually address this significant backlog, the challenge and the lack of access to timely justice that I believe that employees are actually due in this province.
Hon. H. Bains: I said that before. I don’t believe — I will go back into the Hansard — that it is timely. What’s acceptable to me is four to eight months. That was the time that was there now. That’s how long it takes to resolve the complaint. I understand…. I thought that was the…. We’ll go back and take a look.
To me, if I was a worker, my complaint should be heard right away. I support that position.
The member talks about going to the Minister of Finance. I laid it out earlier — $14 million. I went and got $14 million over three years in order to add resources, because we knew the backlog was always there. It was always there, but it was suppressed.
People did not come forward, or they came forward but they gave up. They did not proceed with the application. They did not want to go and face their employer, because that’s what they were told if they had a complaint. “Go back. Fill this daunting task of this self-help kit and go back to your employer before we will take care of your application.” So they just went away.
The backlog was always there. We knew that. That’s why $14 million was added, and 35 additional officers were added. As I said, again, I went back to the…. Because of the COVID last year, when the various applications came, it added to the workload. We actually had a number of other support staff come in and support — work was so much there — so that we could help those employers and the workers in a timely fashion.
Again, those various applications…. I think it was about four to seven days — the turnaround, if everything was in place — that they would get their application approved. This February…. I just read to the member that we have hired 27 officers — 14 full-time permanent and 13 temporary and an additional 11 temporary so that we can deal with those 4,400. I will not sit idly by until those workers who have complaints are heard in a timely fashion.
G. Kyllo: I appreciate the answer that has been provided, but it’s cold comfort, I think, to employees that are looking for resolution. Some of the minister’s own actions, by removing the requirement for the self-help kit — through the minister’s own admission — has increased the number of complaints. We do know that we’re going to see a significant number of additional complaints likely coming forward just with respect to the two new pieces of legislation that were just tabled in this House within the last month.
Can the minister indicate what he believes would be the appropriate timing to see the backlog reduced to what it was at least prior to him taking over with full responsibility for the employment standards branch? I understand that prior to 2017 it was about a two-month backlog. It is now upwards of 12 months.
Can the minister provide clarity, not just to myself but I think to employees that I think might be looking for what the timely resolution to their concerns might be, on when government will actually undertake the necessary efforts to see that employees that have concerns, and valid concerns in many cases, with their employers have timely access to having their complaints heard. If the minister can share with us today when we would see a reduction from the current 12-month backlog to two months, which is what it was previous to the minister taking responsibility for this file.
Hon. H. Bains: Look, I’m as anxious as the member is. To those who are listening to this debate, those workers who are waiting for the application to be assigned and dealt with, I have just said that we have hired about 38 support staff to deal with the backlog. My expectation would be that those applications are dealt with much, much sooner and assigned to an officer so that the work can start. But 38 additional staff…. I think there will be quite a work that will be done to deal with the 4,400 backlog.
I can also tell you that my ministry and staff are very, very dedicated. They advised me that one of the first things they did was…. Once they saw, after COVID-19 and on the various applications, that the backlog grew, they actually now have reached out to almost all of those 4,400, I’m advised, to let them know that their application isn’t ignored. Their application is in the queue and will be dealt with, and they will be assigned to an officer so that an investigation can start and work with it.
The additional staff members that I just read to you earlier, the 38 additional staff, should have…. When you consider the total FTEs are 142, and we added 35 in 2019…. That should quite do the trick, in my view, in order to deal with the backlog and those applications, because I want to get rid of the backlog tomorrow.
Again, it will take time, but I’m asking all of those workers who are waiting to show some patience. COVID caused some problems here as well, but we are on our way to ensure…. The number that I gave to the member prior to COVID…. The numbers were fairly stable. With additional staff, I think we will get there again. I’m fully committed that the workers, when they file a complaint, should be dealt with in a timely fashion.
G. Kyllo: Thank you, Minister, for that response.
The minister has indicated that an additional 38 positions have been hired within the last two or three months, I believe. Are those 38 included in the 2020 complement that the minister provided earlier to me, indicating that there were 142 staff? Are the 38 part of that 142, or are the 38 in addition to the 142 that the minister initially indicated were involved in the employment standards branch?
Hon. H. Bains: The 14 are part of the 142, and that’s why I separated them — 14 permanent, and the others are temporary. They were brought in to clean up the backlog — 28 of them, and they are on a temporary basis. With the 14, we should be in a full complement of 142, but an additional 28 also, total, on a temporary basis. They should be helping to clean up the backlog.
Interjection.
Hon. H. Bains: Sorry — 24 temporary ones.
G. Kyllo: So I’m clear, the initial number that the minister indicated of FTEs in the organization is 142. There are an additional 24 part-time or temporary employees that have been brought in. So the total number of FTEs that are actually working on the floor today would then be 166. Is that correct?
Hon. H. Bains: I think the way to read this would be: 142 are the FTEs, but 24 are temporary, so they can’t be part of the FTEs. They are there to deal with the backlog, and they will be there for a period of time to deal with the backlog. I don’t know how to convert that into FTEs. They will be here perhaps six months or longer, and then I think they’re gone. It’s difficult to put them into FTEs. But 142 are full FTEs that remain, and 24 are temporary, and they are here to deal with the backlog.
G. Kyllo: Just so I’m clear, 142 FTEs. I’m assuming that all of those 142 FTE positions have been filled, so there are 142 bodies actively working in the branch today. There are an additional 24 that have been brought in and are employed now, which would mean there are 166 bodies in the organization. If the minister could just clarify that I’ve got that part correct.
Hon. H. Bains: Okay, maybe this will finish this discussion. So 142 are FTEs, yes, with the hiring of those 14 to fill those permanent positions. Thirteen temporaries are there now, and an additional 11 are temporary staff that are still being recruited and being hired once they finalize the recruiting.
G. Kyllo: Great. Okay, so 142 FTEs — those positions are filled. They’re not unfilled positions. Of the 24 temporary positions that the minister mentioned, 13 have been hired and have started work. An additional 11 have yet to be actually hired, but it’s certainly the intention of the minister to bring them on. Can the minister indicate when the additional 13 temporary staff were actually hired, and what prompted the hiring?
Hon. H. Bains: The recruiting started, my advice is, in December. Hiring took place February, March. What prompted the hiring was the backlog. It was a concern and not acceptable that workers were waiting longer than they should in order to get their complaints heard.
G. Kyllo: Thank you to the minister for that response. The backlog has been growing for a number of years, but it took until December of this past year before, I guess, the branch — maybe under the minister’s direction — encouraged them to actually increase the number of temporary positions in order to meet the needs of the backlog.
I think this will be my last question, because I’ve got to move on to some other areas. Can the minister share with us why it took three years of the continual increase in the size of the backlog before — only just this past December — the minister finally made the decision to actually increase the number of temporary positions?
It appears that with a growing backlog, there’s been a need for at least the last three years — for the increase in backlog and the lack of service, I think, that employees are getting through this branch. I’m just trying to understand why it took so long before the minister finally…. Maybe it wasn’t the minister that undertook direction. Maybe it was pressure from the employment standards branch that put pressure on the ministry.
I guess, as a further question to that, can the minister indicate if he had contingencies within his own budget to satisfy the hiring of these additional 38 people or if he was required to go back to treasury to look for additional funds?
Hon. H. Bains: Look, when I was given the responsibility as Minister of Labour…. As soon as we started to dig into it, we knew this particular area was underfunded. We knew — once you look at the numbers — how many complaints there were, how they went down, what changes were brought in vis-à-vis the self-help kit. You remove that, and it’s going to add to the workload. Temporary Foreign Worker Protection Act — we knew that it would add to the workload.
That’s why the earliest opportunity we had was Budget 2019. I advocated, and we were given $14 million. We started to hire additional staff in order to deal with the increased demand there. Then COVID hit us last year. Additional workload as a result of variances again took a lot of resources from employment standards.
That’s why I went back for support, and now we are adding additional temporary staff in there. Hopefully that will deal with the backlog, and we’ll get back to whatever the normal numbers are in order to get those complaints heard, because the workers need that. They deserve that, and I’m committed to that.
G. Kyllo: Did the minister have to go back to Treasury Board for additional funds in order to hire the additional temporary employees that the minister referenced?
Hon. H. Bains: Without risking the cabinet confidentiality, I could say this — that we followed all procedures that are in place in government in order to request and secure funding for different ministries, and we went through the same system that has been there for years.
G. Kyllo: Okay. All right. Well, I think I’m going to need to move on, so I’m going to switch gears quickly here. It looks like we’ve got about a half hour left in the day today — or not even quite.
I have some questions with respect to the paid sick leave legislation that was passed recently. Has government considered extending the temporary support program? The minister had indicated previously that about $320 million has been earmarked for providing some cost relief to some businesses with respect to the three days of paid leave that are available between now and December 31.
If the $320 million is not fully utilized by year-end, would the minister give consideration to extending the subsidy of $200 per day for the paid sick leave program?
Hon. H. Bains: The bill that was passed and the discussion that took place on what the total cost to the treasury would be — $320 million, based on assumptions — and how many eligible workers will take advantage of that…. I think we had that discussion during the debate of the bill as well — that as we are proceeding further and further into vaccination, there may not be as much need as earlier anticipated. Again, that was the highest amount estimated based on those assumptions. But this program only runs till December 31, and that’s what this program is for.
G. Kyllo: When I previously canvassed a series of questions around the temporary paid sick leave program that runs through till December 31 and was made available both to full- and part-time employees, the minister had also indicated that the calculation that was utilized….
It was approximately one million workers who were identified in B.C. that currently do not have access to a paid sick leave program. I’m assuming that that calculation or that number of workers included part-time workers.
Was it the minister’s intention to see that with part-time employees that currently do not have coverage under any form of paid sick leave program, the reimbursement program would be made available to employers with part-time staff?
Hon. H. Bains: I think we canvassed this. Yes, both part-time and full-time employees are entitled to three days. We’re talking about COVID-related sick leave. The employer will be reimbursed at the cost of $200 per day that that employee will take as a result of COVID-19 sick days. That’s how it will work. If the full-time and part-time employees are both entitled to take those days, that means that the employer will be reimbursed for those employees.
G. Kyllo: I appreciate that. So the one million workers that the minister had indicated at our previous committee stage debate…. I think it was reconfirmed today that those one million workers that do not have coverage available to them for paid sick leave represent both part- and full-time employees. I think if I can just get the minister to clarify that — that the minister indicated that it is the intention that employers would be reimbursed for not just full-time but also part-time employees that would have the availability of the three days’ paid sick leave under the provisions of the new act. I just want to confirm that, if I could.
Hon. H. Bains: One, the part-time workers are included in that one million. Two, if the employer does not have any sick leave provisions, both full-time and part-time employees are entitled to COVID-related sick leave. But again, I want to remind the member — we canvassed this before — that part-time employees, full-time employees must be scheduled to work for those days. If the part-time employee is not scheduled to work next week, for example, and they become sick next week, then they would not be entitled to it because they’re off anyway.
I think those are some of the things that will be worked out. WCB and the ministry are working on the details of how the employer can approach this program of reimbursement, and it’s working and moving very quickly.
G. Kyllo: I appreciate the minister for that additional clarity. So the one million workers that are identified and used in the minister’s calculation to come up with the $320 million potential cost of this program included both the full- and part-time employees that would have the availability of paid sick leave under this temporary provision.
The nuance to this…. And I did canvass this question and tried to get some clarity from the minister during committee stage, but I was unable. Either I didn’t hear it, or I certainly felt that I was unable to get clarity. The one million workers include full- and part-time employees. So the number, the total gross aggregate $320 million, should be able to provide the coverage for full- and part-time employees that are currently not covered or do not have the availability of paid sick leave.
There are many part-time employees that are employed by employers that have a provision for paid sick leave for their full-time employees. I gave the example, during the committee stage, of a small clothing shop that’s had their revenues plummet by 45 percent on account of COVID and have exhausted all of their financial savings just keeping the doors open. They’ve got two full-time staff that are provided with paid sick leave currently.
Their part-time employees on their current program were not eligible for paid sick leave benefits. Under the provisions of this new bill, that employer that had, as the example I gave, two full-time and seven part-time employees, will now be further burdened by providing the paid sick days, three days, for those seven employees.
Can the minister confirm, after he’s now confirmed that the part-time employees were part of the original calculation, that employers that were only providing paid sick leave for their full-time employees will now have an additional cost burden associated with the extension of this paid sick leave program for temporary employees? Will the minister confirm and provide, I think, the necessary satisfaction, the clarity to those businesses, that the additional cost burden associated with this new legislation, which will now extend to part-time employees — that they will be eligible for reimbursement under this new program?
Hon. H. Bains: I think we made it very clear during the debate that those employers who don’t have sick leave provisions now are qualified for reimbursement. We also talked about different scenarios. I think the scenario that the member is talking about is….
Though I would go the other way as well: what is the purpose of this sick leave or vision that we are talking about? It is to deal with the COVID pandemic that we are going through. Why are we dealing with this? Why the necessity of having the sick leave provisions in there right now to deal with COVID-related sick leave? It is because it is to the benefit of the employers and to the workers and to stop the transmission of COVID-19 so we can get out of the pandemic.
The best thing that could ever happen for the employer is if we can get rid of the pandemic. That’s the best thing that could happen to any one of us and to the employer. So can you imagine if that particular employer…? What is the purpose? You know, if one of the part-time employees goes to work sick, transmission takes place, and then the plant is shut down.
So I think at the end of the day, the bill was very clear that those employers who don’t have sick leave provisions — then, the reimbursement program will apply, and apply to both full-time and part-time employees.
The Chair: Thank you, Minister.
I’m now going to ask the minister to move the motion.
Hon. H. Bains: Thank you, hon. Chair. I move that the committee rise and report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:15 p.m.
PROCEEDINGS IN THE
BIRCH ROOM
Committee of Supply
ESTIMATES: MINISTRY OF SOCIAL
DEVELOPMENT AND POVERTY REDUCTION
(continued)
The House in Committee of Supply (Section C); M .Dykeman in the chair.
The committee met at 2:55 p.m.
On Vote 41: ministry operations, $4,359,801,000 (continued).
D. Davies: This is a really easy one for me. I’m going to turn it over to my colleague the member for Surrey South, who’s going to ask some questions on accessibility.
S. Cadieux: Good afternoon, Minister, and the staff, I know, that will be supporting you. Thank you for being here. This is a good opportunity for us to ask just a few questions about the portion of your portfolio that looks at accessibility.
I will apologize. This first question goes back a bit. But looking back, I’m hoping that the minister can refresh my memory. Can the minister share, please, what the final tally was, cost-wise, for the consultations held from September to November in preparation for the development of the Accessible British Columbia Act?
Hon. N. Simons: I would just like to re-welcome the member for Surrey South. It’s always good to have a chance to chat, and this is a good opportunity to answer some questions that I know she and others are interested in knowing.
Just a quick answer to that: we were given $500,000, and that was expended during that period.
S. Cadieux: I recognize that this year the ministry’s budget has a modest increase in the office of the minister to support what I believe are the parliamentary secretary, strategic planning and legislation and an accessibility directorate. Could the minister explain, please, what proportion or dollar figure of the increase is dedicated to the directorate?
Hon. N. Simons: The accessibility directorate — their operating budget for 2021-2022 is $700,000.
S. Cadieux: Does the ministry anticipate, assuming — let’s assume; let’s be positive — that the act continues through the house…? Does the office, in the budget, anticipate increased staffing for that directorate as a result, or are we looking at continuing on with the current complement of staff in the ministry that’s been working on the development of the legislation?
Hon. N. Simons: Thanks for the question. We’re going to continue on, obviously, with the same staff at the accessibility secretariat. The costs of the provincial accessibility committee and the beginning part — the first year is a lot of setting up of the structures — will probably be around $50,000, which will be funded internally.
S. Cadieux: The minister is almost anticipating my question. This $700,000 — I wondered if that was going to also support the accessibility and technical committees that will be established. But I understand now that that won’t. That will be absorbed.
The minister has stated that $50,000 is needed for the accessibility committee to get established. What about the technical committees and the work that will be ongoing? Clearly that is not a lot of money to look after committees with 16 members, in some cases, or what have you.
Does that mean that those committees won’t be operational in this year, or that the minister will have to go to Treasury Board repeatedly to continue the work stated under the act?
Hon. N. Simons: Thanks for that question. I know that there’ll be a lot of encouragement from all parties for us to ensure that we’re well funded when the meat gets put on the bones, as it were. But the first year will be setting up the committee and probably identifying the standards, beginning processes. Treasury Board expects us to be going to make requests in the fall for the next year’s budget.
S. Cadieux: The statements made so far and in introduction and in the media also talk about the minister’s role in promoting accessibility as the act rolls out. With that, what is the ministry budget for advertising related to the promotion of accessibility issues?
Hon. N. Simons: I know that getting the information out to the public and to the community is essential. I’ll be doing that as part of my responsibility, regularly meeting with groups within the disability communities and with community members who are part of the overall process.
In terms of a specific advertising budget, we have a communications department; we have a communications director. As things become more…. As we go into the second year, it’s likely that our method of communicating with the public will evolve, shall we say. But for the moment, we have an accessibility secretariat, we have a communications directorate, and we’ll use the mechanisms that we currently have in order to raise public awareness.
S. Cadieux: Interesting. With absolutely no disrespect intended to the minister or any of those very committed staff, getting the message out beyond people with disabilities and the disability community is what’s going to make or break the building and the enforcement and the change that we ultimately need, because it isn’t the people with disabilities that need to know what’s going on. It’s the public, I would argue, and broader society and broader government, and there’s a lot of work to do in raising awareness.
Certainly, I notice that as the Accessible Canada Act has rolled out, they’ve done a fair amount of work in that regard to promote inclusion. I expect that the ministry will also need to be building that into their budget and their request to Treasury Board of the global government advertising budget.
Moving on, I am assuming…. I know for a fact that the minister will be aware, because he is well informed on these issues. There have been a number of concerns brought forward by advocates from the learning disability community — dyslexia, other invisible disabilities — about the lack of clarity around whether or not they will be included in the committees, technical committees and so on, as we move forward.
I understand some of this we can deal with at committee stage, and I’m not attempting to discuss the bill here itself. But can the minister provide some semblance of his intentions and his ministry’s intentions around including people with learning disabilities — representatives of that community, of the community that deals with dyslexia, for example — in future actions of the ministry and across government service delivery areas? There’s been a consistent challenge in ensuring representation for some of these invisible disabilities, and I think we need intentional inclusion.
I’m wondering what the minister and the ministry are doing to raise awareness of that across government.
Hon. N. Simons: I appreciate the opportunity that the member provides to clarify and perhaps put at ease any lingering doubts as to the intention of this legislation. I believe that intention is clear when you realize that our goal was not to list all possible various disabilities that exist. Our goal was to use the social definition of disability to speak to the barriers that exist in society and to address the removal of barriers, the prevention of barriers, after the identification of barriers in society.
The list is not an exhaustive list that’s in the legislation; it’s an illustrative list. Because of that, we haven’t named all the possible barriers people have when it comes to accessing all that British Columbia society has to offer.
I’m confident that the language that we used is careful, in that it is not exclusionary in any way, and that it is most inclusive as it can possibly be. That’s the intention of the act. That’s, I believe, reflected in the act. I hope that that provides some peace of mind for those who are wondering why they didn’t see, necessarily, their particular circumstances reflected in the legislation.
S. Cadieux: I do understand that, and again, we can discuss that more at committee stage. However, I guess the piece of my question that the minister hasn’t yet addressed is: what work is he doing within his ministry and as an advocate across government to ensure that this group of individuals — and other groups, frankly — are not being forgotten?
What is government doing to proactively address issues before we get to the stage where the committees have created standards and regulations and we have defined who this act even applies to? What’s being done proactively within government to eliminate barriers today?
Hon. N. Simons: Thank you very much for the question. I just want to say that the proactive nature of our work was reflected in not just the extensive consultation period leading up to where we are now, but it’s going to characterize the work that begins as soon as royal assent, hopefully, is provided or given.
The first job, of course, is to set up the provincial advisory committee, which will be essential to informing government on how to proceed with the implementation of the legislation. I’d also point out that the mandate of the Parliamentary Secretary for Accessibility, the member for Chilliwack, is essentially to consult — to go to communities and receive coordinated responses from community members, from groups, from representatives, from advocacy organizations to ensure that all the voices that need to be heard on the specific standards for the specific organizations are heard.
We also have the accessibility legislation advisory committee, which meets regularly. It has broad membership that goes beyond even the membership at the table. They represent individuals and other groups whose voices are welcomed and sought out by our government in order to ensure that the legislation is implemented the way we want, which is, I hope, the way other people and other members of the Legislature would like it to be as well.
The accessibility secretariat’s nature is to work across government in various ministries to ensure that the information that the government wants to lead our accessibility charge is well understood. I hope that people in the community are ready to go as soon as royal assent is provided so that their expressions of interest to be a part of this process are heard.
I haven’t mentioned the technical advisory committees, but they too will be made up from the broad community citizenship expertise in the particular area of the standards development. I think we can say proactively, we’ve set the stage for ongoing, good, thorough consultation — there’s a parliamentary secretary whose mandate is essentially to do that — in addition to all the other methods that we have to consult with the public.
S. Cadieux: I appreciate that, and I appreciate the desire and the intent for the scope of this work to be broad and have the community engaged. Indeed, the community has been engaged now for a number of years, starting in 2013, when we did a consultation for Accessibility 2024, followed by the consultation this government did in 2019 for this act, followed by the ongoing conversations of the committee, as the minister mentions, and so on.
I guess my concern is that work has gone in. Advocates and individuals have been giving of their time and emotion and desire to see change and have shared with government, in many ways, what needs to be different. Yet now we’re going to look to set up a committee that will then look to articulate what needs to be different. That’s, I guess, some of what I’m trying to get at here.
What has government done? What has this ministry done internally to prepare other ministries for the work that they will need to do? For example, has the minister had conversations with the Ministry of Health — the minister or ministry — discussing the inaccessibility of health care, basic accessibility like exam tables that are not wheelchair-accessible? Has that type of discussion happened about the very real barriers that are faced on a daily basis that the ministries are going to need to look to address once these standards are put in place?
The Chair: Just a friendly reminder that there will be many opportunities to discuss the details of legislation and communicate at committee stage of bills, going forward. Just a friendly reminder.
Hon. N. Simons: The problem sometimes with specific questions is we look for the specific answer, but I think in this particular case, the member was looking for sort of a general overview on how we’re going to address accessibility issues within the public system. How are we going to make sure that education, health care, other aspects of government public services are fundamentally at the core of this legislation?
My answer is that yes, indeed, the first plan, the first expectation is that the provincial advisory committee will direct government to address what areas need to be our primary focus.
Throughout this last year, the discussions were obviously dominated by current issues, and we were pleased that the Social Services Sector Roundtable, the reimagining community inclusion group and others were often preoccupied with immediate health issues. Dr. Behn Smith, I just want to say, has been of great value to the sector, making sure that the health care needs and the concerns of people who may be more vulnerable than others were addressed by our system of health care.
But to answer the member for Surrey South’s question about where government fits in, government is the beginning. Government will be the first. Government standards will be set and will lead the way.
S. Cadieux: Thank you, Minister. I don’t know if that is what I was getting at. It wasn’t meant to be an ask on a specific question. It was an example I was trying to get at, and I appreciate the answer.
I appreciate the guidance of the Chair. We are not trying to debate the legislation. The challenge is certainly, here, to talk about the role of the ministry, in the fact that the ministry is the holder of the accessibility and inclusion file for government. I will try to keep my questions broad enough in that vein.
With that, the consultations that the ministry has done…. The papers that the ministry has issued in the past reference the UN convention on the rights of persons with disabilities, the CRPD — specifically article 9, accessibility. With that, are there any aspects of the CRPD, article 9, that the ministry does not anticipate government actioning?
A second way to ask that question: are there aspects of Article 9 that the province feels are the responsibility of another level of government?
Hon. N. Simons: I appreciate the question. Government does support the convention and its optional protocol.
I don’t have it in front of me, but I do know that there’s a lot of reference to other levels of government. I think that the approach that we will be, obviously, taking is working with other levels of government to see where our interests diverge and where they overlap.
Yes, we support the convention. I’m quite sure the member is going to have a follow-up question on that. I hope to be fast enough to allow her to ask all the questions she wants, because I know this estimates process sometimes takes time. I’m sorry about that.
S. Cadieux: Thank you, Minister. I appreciate the speed with which you’re providing answers. I don’t expect we will get deep into some of this because I recognize that that is for another process in this House.
However, I will ask another question. Again, given that the ministry has a responsibility to house and promote access and inclusion broadly, outside of government as well as in…. We had Global Accessibility Awareness Day a couple of weeks ago, which focuses on digital accessibility. Of course, it’s National AccessAbility Week, as the minister knows. I think it’s fitting to ask the question.
How will the ministry address digital accessibility within government and other processes? For example, on our Legislature website, access to Hansard, our debates that we are using right now…. The reality is that it poses significant issues and barriers for people with vision loss and blindness in accessing the work of MLAs, ministers and this House.
How does the minister envision these types of pervasive barriers are going to be removed — in what time frame? Or could the minister commit today to working with the Legislature to get our House in order, so to speak, as it relates to digital accessibility?
Hon. N. Simons: I’m sure that the member will know that we sometimes get acronyms — actually, quite a few acronyms — so I had to translate a little bit. As I’m becoming more and more familiar with the ministry, I find out about groups that have been working on issues that I didn’t even perhaps know exactly what was happening.
I want to just start by saying that all forms of communication are important. We recognize that, and we recognize the very many ways that people communicate and respect that. The Ministry of Citizens’ Services has been working with our secretariat in a group called the GDX, the government digital experience group, which built an access and inclusion toolkit. I believe that this is going to assist different areas of government to become more accessible. I think that work is just going to continue, because truly, I agree that government’s public-facing services should be accessible, obviously.
With respect to the Legislature itself…. I don’t want to speak for the LAMC or anyone else, but the Legislature itself has its own structure. I think that the member raises very important issues around access to the debates, and I would concur with her thoughts on that.
S. Cadieux: Thank you, Minister. I appreciate that. That’s exactly the kind of work that I was hoping to understand what’s happening. With that, I’ve got one more question. That is: what work…?
No, let me start differently. I know for a fact that there are a great number of talented people with disabilities working inside the Ministry of Social Development and Poverty Reduction. They are very good people with very smart minds. I appreciate them, and I appreciate the work the ministry has done to ensure that they are there, helping to lead this work.
My question is: what is the minister or ministry doing to work with the public service overall — the Ministry of Finance, the public service, the secretariat or whatever they’re called now — to increase the number of people with disabilities that are brought into the public service broadly?
I do know of the work experience program for people with disabilities that government has, which places a dozen or so people a year. Certainly, we haven’t seen a lot of progress on that in many, many years, going back many, many years. I am hopeful, with the commitment that this government has made to accessibility and inclusion, that that need to make a commitment as a large provincial employer is also being considered.
If the minister could comment on the work that he or his ministry might be doing to see that that kind of a hiring plan comes about, similar to the plan made and announced by the federal government with the Accessible Canada Act to hire 5,000 people into the public service.
Hon. N. Simons: I’ll start by thanking the member for her questions this afternoon, and I look forward to ongoing discussions. I know we’re going to have them, and that’s good. I think the more people understand about the legislation, the better. It’s in all our interests for it to be implemented the way we anticipate and as we’ve discussed in the past.
The Ministry of Social Development and Poverty Reduction has its own diversity and inclusion strategy. We have 11 percent of our employees who self-identify as having a disability. As the member mentioned, the WorkAble program, which I’ve heard more about recently when we were preparing for AccessAbility Week…. I read some of the testimonials from participants, and it seems to me to be a really shining light as an opportunity for people to access potential careers in the public service. So I support that, and I think it’s shown a lot of really interesting results.
Also, just recently the PSA has launched the updated diversity and inclusion initiative with a specific focus on accessibility. I think that, as a key pillar in their work, will help to inform our ongoing relationships as we make government and government programs and services more accessible and more inclusive, which is our goal, of course.
S. Cadieux: Thank you for the time today. I thank the minister and staff for their forthcoming answers. That was appreciated. I know we do share a great deal of passion for this subject.
I know the minister personally cares deeply about this, and I know the staff in the ministry take this very seriously as well, so I appreciate the time, and I look forward to more discussions. Certainly as things move forward and as the parliamentary secretary conducts his work on reaching out, I look forward to being consulted as we move forward together.
With that, I will hand the baton back to the critic.
Hon. N. Simons: I just want to say that I look forward to having further conversations. I appreciate the member’s input. I’ve always appreciated our discussions over the years. That’s just going to continue. We might have differences of opinion on certain things, but ultimately, the goal is the same. I thank her for her advocacy.
D. Davies: Thank you to my colleague from Surrey South for her questions and — again, just to echo the minister — her work on this file over the past number of years as well.
Moving on, a few questions around the PWD and income assistance. Just changing gears a little bit. Can the minister share with us how far in advance he knew that the COVID-19 crisis supplement would be cut in half in advance of the December 8 announcement?
Hon. N. Simons: Thanks for the question. I think everybody was aware that the COVID supplements were referred to as temporary COVID supplements. They were scheduled to end…. I believe the third extension ended at the end of December, if I’m not mistaken.
D. Davies: Did the minister speak with stakeholders and advocates about the barriers from adding another application process, like with the BCRB?
Hon. N. Simons: There was no application for the clients that are under the jurisdiction of the Ministry of Social Development and Poverty Reduction. If there’s a question about others’ access and applications for that program, I guess that would be for the Minister of Finance.
D. Davies: Regarding the COVID-19 crisis supplement being cut, I’m just wondering, in regard to DRIPA, what kind of consultations were done around this.
Hon. N. Simons: Thank you for the member’s question. The COVID supplement ended. At that point, the government decided, or it was argued and successfully so, that an increase to income assistance — a record increase, the largest increase ever in the history of the province, $175 — was added to the cheques of people who were in receipt of disability or income assistance.
Now, with respect to Indigenous communities, there’s an agreement between the province and the federal government that the federal government will match social assistance rates in First Nations communities, Indigenous communities — as they say, “on reserve.” The federal government is responsible for ensuring that those rates are increased.
There are a few exceptions to that.
D. Davies: Just in regards to the assistance numbers that the minister is speaking of, can the minister explain the actual consultation process around Indigenous communities within DRIPA, around how they may have come up with this number or if there was consultation within the boundaries of DRIPA?
Hon. N. Simons: The general rule is that we don’t say to the federal government what they need to do with respect to financial arrangements with Indigenous communities. There are arrangements between the federal government and different First Nations organizations or communities, in fact. But that is a relationship between the federal government and the First Nation.
If we increase social assistance rates, then the federal government generally will enter into whatever their unique arrangements are with the First Nations communities.
D. Davies: Just a further follow-up and clarification. Indigenous people that are living off reserve is kind of where I’m looking at, understanding that those living on reserve have a different set of parameters. For those living off, that would fall under, in many aspects, PWD or such. I’m just wondering if there was — it doesn’t sound like there was — in regard to them.
Hon. N. Simons: The member asked about our consultation on the $175 rate increase. In particular, I don’t think that was a specific topic of discussion.
We’ve heard from Indigenous communities, individuals, organizations and associations that people wanted rates increased. I think that during the regular and ongoing discussions that my ministry has with Indigenous representatives of other organizations and agencies, we heard the same kind of thing, through our ongoing, regular consultation process. The general sense was: not just for people with disabilities but for income assistance rates as well.
I know that the member doesn’t often talk about income assistance rates, just disability income assistance rates, but both of those categories of support and assistance were raised in our record increase of $175.
D. Davies: I’m just wondering what the minister’s reaction was to disability advocates. It was certainly no secret. There was a trending hashtag, #300Clawback. I’m just wondering what the reaction was, by the minister and the ministry’s office, that this was perceived as a clawback.
Hon. N. Simons: I thank the member for the question.
Quite frankly, in speaking to the people that I know who are on income assistance and disability assistance, the permanent $175 increase on the part of our government was a very welcome act. While there were advocates — and there were, obviously, members of the opposition — who characterized things in a way that met their needs, whatever they were, I understand. We all would like to do more.
Obviously, this was a decision made by government. I’d point out that a $325 increase since the government was sworn in 2017, I think, is a significant step in the right direction. I would say it’s a 50 percent increase. I would also point out that after ten years of no action, people were pleased that, finally, we had a government that was listening to the people.
There may have been some that characterized the end of a temporary supplement as a clawback. It would be inaccurate. There were many people who were pleased when the province implemented the largest single increase ever. I think if there was ever any narrative about the provision of income and social assistance to people of British Columbia, that narrative was that the previous government ignored the repeated calls from the very same advocates that the member references now, calling for an increase in social assistance and disability assistance rates.
So when I had the opportunity to implement a record increase in social assistance and disability assistance, to bring us from below the middle of the pack nationally, to close to the top of the pack nationally, I think it was a time for all British Columbians to be pleased.
Obviously, it was during a time when we were preoccupied by the health crises, and people were looking for good news. I think that at the end of the temporary supplement, people were pleased that in fact, government did make a historic decision, I think, and one that has been widely appreciated as an important step to address not just our poverty reduction strategy but to improve the quality of life of families and individuals throughout the province.
The $175 permanent increase was received with appreciation, recognizing that a temporary supplement had ended.
D. Davies: Of course, we are speaking today on the 2021 budget, looking forward. What British Columbians are looking for is leadership right now from the ministry, moving forward. There’s no win by hashing the past. It’s: what can we do now? One of my roles here as the opposition critic, and as the minister understands full well, our role…. He sat in this role just a few short years ago.
We still have poverty advocates sitting out on the front lawn often. The minister reflects on people that have reached out to him and said that they’re happy and everything is merry. But that simply isn’t the case. The reality is that poverty advocates were very shocked when the $300 temporary supplement…. I realize the word temporary was part of it, initially, but people were shocked at a time, during the pandemic, that this cut did happen.
Of course, we did see the $175 increase that was brought in. People were generally: “Okay, there’s a start.” But it was still a far cry from what many were expecting. Again, I know the minister…. Probably he’s been tagged in many of the same posts that I’ve been tagged, from different groups and people around the province. It is something that we’ll continue to follow up on, and I’m sure the minister will continue to have folks reach out to his office as well.
Just after, I know, our last estimate questions…. I know when I refer to our transition binder, the page numbers don’t match the reality of his page numbers. I do want to just read one little piece here. It is the Ministry of Social Development and Poverty Reduction. It’s the 30, 60, 90-day issue summary as at December 2020. There’s a piece here. It says: “December 16 will be the last $300 temporary COVID-19 crisis supplement, unless an extension is approved by December 15.”
Was the minister aware — again, realizing that he was freshly in the seat, for the most part — that this decision could have been reversed by December 15, 2020?
Hon. N. Simons: I thank the member for the question. The date references a point in time where the back end of the system needs to have advanced information with respect to what the system change might need to be, and we also want to make sure that people who are in receipt of income assistance have some sort of predictability as to what amount of money they’ll be receiving on a monthly basis.
I would want to point out that the member referenced the idea that people reached out to me to tell me about their pleasure or whatever, or dancing around about social assistance rates. I didn’t say that. I said I talked to people that I know who are on income assistance and disability assistance, people that I know and I speak to anyway.
I wanted to point out that when we talk about increasing rates for people who are living in poverty or people who are vulnerable in our society, we’re not talking about fixing everything, unfortunately, but we are talking about moving towards achieving our goals of TogetherBC, our poverty reduction strategy. I would point out that after years of calling for a poverty reduction strategy, I was so pleased that we put one, and we put it into legislation with goals and timelines and achievable measures and expectations.
We’ve been successful in reducing poverty, and we’re going to continue to make every effort to reduce poverty in this province because we, as a government, consider poverty reduction a priority, not only for the betterment of the people who are living in British Columbia but for all British Columbians, in fact.
I wanted to make sure the member didn’t get the impression that I said that after we increased income assistance rates by the largest amount ever in this province, that resulted in celebrations. I wasn’t saying that. I was saying that people were pleased that we provided a permanent increase to rates that hadn’t been raised under their watch but had already begun to be raised under our current watch, in fact, by $325 since 2017, representing a 50-percent increase. I just wanted to clarify that for the member.
D. Davies: On December 14, 2020, the Premier said that the crisis supplement was “only recently reduced so that we could get it into the budget process and make any increases permanent in the years going forward.” Did the minister and the Premier have this intention set before they made their announcement on December 8?
Hon. N. Simons: May I ask the member if he would mind repeating his question?
D. Davies: Absolutely. On December 14, 2020, the Premier said that the crisis supplement was “only recently reduced so that we could get it into the budget process and make any increases permanent in the years going forward.”
Question: did the minister and the Premier have this intention before they made their announcement on December 8?
Hon. N. Simons: The member will appreciate, since I’d already been a minister for over a week at the time, that really, my memory of every incident and event should be very clear in my mind. But as you might expect, there might have been some cloudiness there. But did the government have an intent to permanently raise the rates? Yes.
D. Davies: Thanks. I figured after a week, you’d have the whole ministry all sorted out by then.
What I’m looking at is…. The minister alluded to it — that this was the plan. My next question was going to be: was this just a reaction, due to the public outcry around the $300 clawback? This, again, was the reaction from the public in general. But I think the minister has just told me — and I’ll let him correct me if I’m incorrect — that this was the intent all along, to do the $300 temporary, and then roll it back to $175. I’ll ask the minister just to confirm if I’ve got that right.
Hon. N. Simons: The intent, since 2017, was to increase the rates. We did begin that, actually, in 2017. Of course, when 2020 came around, we instituted a COVID supplement. Ultimately, that COVID supplement was extended by three-month time frames until the end of March of this year, actually. During the budget process, that’s when we made the decisions around a permanent rate increase.
D. Davies: Can the minister share the cost of the $175 increase as well as what the $300 increase would have been?
Hon. N. Simons: The answer that I have for the member is that these increases for income and disability assistance amounted to a total of $363.7 million for the 2021-22 year. That number goes up approximately $5 million in the next two years.
With respect to what the $300 would have cost, I can get back to the member on that. I don’t have that number in front of me, but it’s not quite as simple as just dividing and multiplying. We’ll get that number for him.
D. Davies: Thank you to the minister for that and the follow-up. I appreciate it.
The CRB is expected to likely not go beyond September of this year. The $363.7 million that the minister just referenced, that the $175 increase would go up…. Has the minister taken into consideration the possible and likely uptick in the number of people that will possibly be needing the supports if the CERB is not continued?
Hon. N. Simons: One thing that I found out when I got to the Ministry of Social Development and Poverty Reduction was what an amazing amount of statistical records and analysis they do right in our ministry. I’m really pleased to have that.
The short answer is yes. We anticipate, predict, guess. No, we don’t guess. We have a very competent crew that makes sure that we know what could be coming, so we do anticipate, if there’s a change to federal programs, what impact that may or may not have on the ministry. So yes, we do.
D. Davies: A quick question. Just talking about stats and data and numbers. What is the expected uptick? Has the ministry predicted what this might look like?
Hon. N. Simons: There are a number of factors that may go into affecting the implications of federal government ending or changing any program. We have a general idea, because other factors do influence any possible change to federal programs. We have between 10,000 and 20,000 people expected in terms of caseload change. I’ll just make sure I have the answer correct.
Yes, we’re approximating around 10,000 people.
D. Davies: Great. Thank you, Minister. Can we get an approximate number attached to that 10,000 people, what that might look like as a line item, the amount?
Hon. N. Simons: It’s approximately $21 million.
D. Davies: Does the minister intend, and I think we’ve heard this already, to introduce further increases to the income and disability assistance?
Hon. N. Simons: People who know me would know that I would like to see income raised, obviously. Any efforts we can do to further our targets in the TogetherBC poverty reduction strategy would be welcome.
As the member likely knows, we’ll be going into a budget process for the next fiscal year, which will include discussions around numerous aspects of government policy, including poverty reduction options. The deliberations will likely be broad and involve all possible ideas. But we’ve read carefully the studies that we’ve been provided and the policy proposals that we’ve heard. That’s going to be the process for the next budget round.
D. Davies: The minister’s own Basic Income Panel came back with a recommendation to keep the $300. I’m just wondering what the conversation and the consultation were with the panel in regards to only coming up with and only doing the $175 top-up. What did those conversations look like?
Hon. N. Simons: The member asked a question about the Expert Panel on Basic Income. There were a number of recommendations from that very comprehensive report that we received very gratefully. The ideas contained therein provided us with a lot to contemplate.
After the government announced the record increase to rates, while it didn’t coincide with the number put forward by the Basic Income Panel, it was acknowledged as an important and good step in the right direction. So we’ll continue to look for other ways of ensuring that we meet our top TogetherBC poverty-reduction strategies, and the Basic Income Panel’s report is an important part of that.
The Chair: Members, we will now take a five-minute recess while we undertake cleaning and safety protocols in preparation for a new committee Chair.
The committee recessed from 4:31 p.m. to 4:36 p.m.
[D. Coulter in the chair.]
The Chair: Thank you, Members, for your patience.
Continuing debate, I recognize the member for Peace River North.
D. Davies: Thank you, Chair. Welcome to the chair.
Just to follow up on the recommendations — we were talking about, moving forward, increases and such — I’m just wondering if the minister is also going to be looking at the seniors supplement, as well, on increases.
The Chair: Minister.
Hon. N. Simons: Thank you, hon. Chair. I appreciate you being in the chair, and welcome. It’s always nice to see colleagues interacting with this estimates process.
To the member: I’m not going to rule anything out. I’m not going to put stuff on the table. But the process of determining government priorities is a complex one. We are going to look at all factors that influence the decisions that my ministry makes.
The member asked specifically about the seniors supplement. I would point out that it was a program that was initiated in 1987. I’m pleased that in 2021, we raised it for the first time and were glad to do so, and in doing so, improved the lives of many British Columbians.
D. Davies: Very simply, then, the intent is not to raise it, but it is to go through the process — is what the minister, I believe, just said.
I’m going to go back to a question. I did jump ahead on this question, because I didn’t quite finish off the question before we did a short recess. It’s around consultation within the minister’s Basic Income Panel. I think the minister had mentioned that there was discussion, but I was going to ask this follow-up before the recess. What was the response of the Basic Income Panel when the recommendation of maintaining the $300 supplement was not followed?
Hon. N. Simons: I don’t believe that anyone thought that government was going to implement 62 recommendations just like that. The response of the panel to government’s policies has been that we’re taking the steps in the right direction. They saw some of the programs — earnings exemptions, as an example — as a very positive policy development.
There was no negativity with respect to government’s decisions to reduce poverty further. We continue on this process, as it’s a project that needs ongoing work on the part of government.
D. Davies: Recognizing there were numerous recommendations by the panel, obviously this one was quite timely, as it was around the public outcry, the discussions, the social media frenzy, the rally out on the front lawn of the Legislature. I guess maybe my final question around this would be — and we’ve had little snippets of it: what was the minister’s rationale for not immediately implementing the permanent increase of the $300, which was recommended by the panel?
Hon. N. Simons: The member will remember that the Basic Income Panel’s overall philosophy and underpinning was of trying to find ways of ensuring that we create a more just society and that clearly income discrepancies add to inequalities and inequities in our society. The overall goal of reducing poverty and creating a more just society includes government investing in important social programs and social services as well. I would just point out record investments in child care constitute an important element of creating that more just society — major increases in housing to ensure that we continue to work towards reducing homelessness and working on issues around affordability.
I would also want to mention that the Basic Income Panel pointed to the importance of accessibility, to access to trades training programs, education and such. I think that, when seen as a full overall Basic Income Panel report, the member and, in fact, members of the panel also acknowledge that this government has taken some very important strides in a very important, correct direction. I would characterize the moves that government has made to be generally met with favour in the community.
D. Davies: Obviously, trades and education are important. Those were some of the recommendations. But I never got the answer that I’d asked for, which was: what was the direct rationale of the Basic Income Panel saying: “Keep the $300”? What was the minister’s rationale on why that was not kept?
Hon. N. Simons: I think the member knows that the budgeting process is a complex one that requires deliberation on a number of topics. Choices and decisions and conclusions have to be reached. Clearly, in our province, there are important priorities. We felt that, as a government, a largest single increase to the income assistance and disability assistance rates, and an increase to the seniors supplement for the first time ever, and an increase to the comforts allowance were important and principled steps toward our goal, which is to continue to reduce poverty in this province for adults and children.
I think that when government makes decisions, it’s understandable that people ask questions about why they’ve made one decision over the other. I would say that a government that’s made a record increase in income and disability assistance, which amounted to a 50 percent increase since this party took government in 2017…. I say that’s a fairly good degree of success in terms of income support.
When you combine that with our record investments in housing and in child care and in education and training, I can think that the fair-minded individual observing government would say that the government is meeting the goals that it set for itself and the expectation that people have of it — that is, to reduce poverty, a complex issue, with many, many ways of contributing to that reduction, including income, including child care, including better labour standards, something I hadn’t mentioned yet. In fact, improving labour standards is a significant contributor towards more secure work.
I’m the first to say that government will continually have important work to achieve, and we’re glad to be doing it. We’re glad to be doing it faster than we would have seen under a previous government. I would put it that way.
I’m confident we’re going to continue in this direction.
D. Davies: But we are, indeed, talking about this government. That is where my questions come around. Unfortunately, I still did not get an answer out of that. I mean, I understand…. Or maybe I can summarize an answer that I think I might have taken out of that. Government has made a record increase, and we’ve taken that as part of our consideration and don’t think there’s a requirement for more. That’s kind of what I take out of it.
The minister said the decision was made not to increase it, because there were already record increases. They’re looking at other ways to do poverty reduction. I just want to ask the minister if I’m correct on that summary.
Hon. N. Simons: Well, I would just suggest to the member, if he wants a really simple answer, he has to ask a very simple question. We’re talking about poverty, which is a complex issue and one that I’m proud that our ministry is addressing head-on.
We made our intentions quite clear, I think, as a government, in 2017, when we increased income assistance rates $100. We increased them again $50, and in 2020, we increased $175. So I think the intention of government is clear — that our efforts to reduce poverty include income assistance rates. We’re looking at all possible ways of reducing poverty. We’re open to suggestions from the members opposite if they have any. We’re pleased to continue to work towards a goal that I would presume we are all interested in.
Despite, perhaps, the lack of action of the previous government, I’m proud of that fact that we, as a government, have taken important and very — I would say — laudable steps towards addressing the poverty issues that we face in this province. We’re going to continue to do that.
D. Davies: I still never got the full answer that I was hoping for, but I’ll move on.
Just a final few questions on CLBC around…. Well, first of all, the question comes, kind of, out of the transition binder of the Minister of Social Development and Poverty Reduction. The program overview from October 5, 2020, basically says that some CLBC-funded services, such as community inclusion or day programs, employment and respite services were disrupted by the pandemic, increasing stress on families and caregivers who were required to take on extra duties.
Can the minister elaborate on these challenges and what the ministry has done to relieve these pressures?
Hon. N. Simons: The member asked about government and CLBC response to COVID, and the pressures that COVID put on families and caregivers and providers of services to people who receive services from Community Living B.C. I just want to acknowledge that we know that the struggles felt by so many British Columbians during these past 15 months have been, perhaps, more acute on those families whose regular support systems and programs were obviously challenged, in terms of their ability to operate.
As such, I just want to say how pleased I was that Community Living B.C. has been going beyond, by ensuring that the people they serve continue to access the services. A lot of programs were put in place. CLBC responded by putting safety guidelines in place, deploying IT supports to allow staff, for example, to work from home where possible. Some staff worked in rotation with others.
The CLBC continued to follow its emergency response plan and reach out to supported individuals, families and service providers, in order to stay connected. Government provided an approval-in-principle for an allocation of up to $35.5 million for temporary emergency funding to provide additional support to residential services.
Throughout the pandemic, government and Community Living B.C. committed to providing information and support to prevent transmission of the virus amongst the people that CLBC supports. We had regular meetings with caregivers and families, along with Dr. Behn Smith from the provincial health office. Information was shared. Supports were provided. Communication was enhanced. Everyone involved deserves a lot of credit for seeing the situation as it was, as it is, and responding with due consideration to the challenges that they faced.
Government, as I say…. We were working in conjunction with the caregivers and the providers, and we appreciate all the efforts people make.
D. Davies: Thank you, Minister. Just reading from the same document, just a little bit further down: “The ministry and CLBC continue to work together to find solutions to address ongoing service demands in a measured, responsible and sustainable manner.”
How does the minister plan on balancing the expected increase in service demand with current funding levels?
Hon. N. Simons: Thanks to the member for the question.
Budget 2021 provided incremental increases to Community Living B.C. of $367.5 million over a three-year plan. To break it down for the member, a $150.6 million increase over the next three years to address caseload growth; $187.9 million for three years to fund wage increases negotiated under the sustainable services negotiating mandate for unionized staff and service providers; and $29 million over three years to support recruitment and retention initiatives for non-union and hybrid community social service providers, also known as partially certified community social service providers.
That’s a total of $367.5 million.
D. Davies: Can the minister share how many people are participating in CLBC’s LIFE-based employment services?
Hon. N. Simons: Up to now, there have been five pilot projects. We can get the member the specific numbers.
D. Davies: This year, the CLBC service plan has a metric for percentage of individuals supported by CLBC-funded employment services reporting current employment that retained employment for a period of a year or more. This number dropped from 81 percent in 2019-2020 to 50 percent in ’20-21 — of course, understanding the challenges.
However, projecting out to 2023-24, it says that it will only recover to 70 percent. What are the barriers? Can the minister share what barriers are preventing people from gaining long-term employment and what the ministry is doing to improve these rates?
Hon. N. Simons: The member is correct in identifying the impact of the COVID pandemic on employment for people that Community Living B.C. supports. In fact, an estimated 50 percent of those who were working…. That’s about 2,600 individuals losing their employment.
In January of this year, we announced $10 million to help support funding for CLBC to provide employment service providers with help getting those individuals back to work, recognizing that in some situations, they lose their job early when there’s a pressure. Oftentimes, it could be that they have more challenges getting back into the workforce, but I’m pleased that we’ve identified that as an issue and provided $10 million in addition to focus on getting people back to work.
The Reimagining Community Inclusion group has a list of priorities, and on it, at the top of that, is employment. We’re working on ensuring that people who want to work have access to work. We work with the Presidents Group, who identify companies that are willing to take measures to proactively address employment opportunities for people who may be served by Community Living B.C. or people with disabilities.
That work will continue. I don’t think I missed…. We also, it’s important to point out, increased earning exemptions to $15,000 annually for people on disability assistance.
D. Davies: That concludes my questions, so I just want to thank the minister for his time and thank the ministry staff as well. Please pass on to the others in your ear — or your head, wherever you want to call them — that are obviously working throughout the ministry…. I thank them for all of their hard work and dedication, as well as my staff and colleagues that participated in this.
Certainly, thank you to all the advocates across the province of British Columbia, the service providers. We know that probably never before have they been leaned on so much to provide services to British Columbians that need them.
We understand social development and poverty reduction. It’s a complex issue. Obviously, I’m offering myself to work with the minister, as well, moving forward, and hope that it’s a reciprocal thing. I know the minister…. You’ve been fairly quick in replying to any of my inquiries. I hope that we can continue to do that.
With that, I’ll close my remarks and thank the Chair and the Legislature staff for their time as well — and Hansard. Can’t forget Hansard.
The Chair: Seeing no further questions, I ask the minister if they would like to make any closing remarks before I call the vote.
Hon. N. Simons: I’d like to thank the member for Peace River North for his questions. I think British Columbians are well served when there is a critic who considers his file, or their file, an important one and who takes an active interest in the betterment of life for British Columbians.
It’s a pleasure to answer questions. We can ask and answer questions any time, as far as I’m concerned. I appreciate the questions and the spirit in which they were asked. I know that he has staff, people helping. I don’t just guess that; I know that, because that’s the way things are. I continue to offer any help I can for his constituents or others.
With that, I have no further comment, hon. Chair.
The Chair: Members, seeing no further questions, I will now call the vote.
Vote 41: ministry operations, $4,359,801,000 — approved.
The Chair: The committee will now take a five- to ten-minute recess while we prepare for the Ministry of Children and Family Development.
The committee recessed from 5:12 p.m. to 5:21 p.m.
[D. Coulter in the chair.]
ESTIMATES: MINISTRY OF
CHILDREN AND FAMILY
DEVELOPMENT
On Vote 20: ministry operations, $2,392,755,000.
The Chair: Minister, do you have any opening remarks?
Hon. M. Dean: I’d like to begin by acknowledging the traditional territory of the Lək̓ʷəŋin̓əŋ-speaking peoples, now known as the Songhees and Esquimalt Nations, on whose land we do our work and also to acknowledge the Scia’new Nation, who I also represent here in the Legislature.
I’d also like to say thank you for the work of the team of over 5,000 ministry staff who dedicate themselves each and every day to children and families across British Columbia. This week is B.C. Child and Youth in Care Week, a time to celebrate diversity, resiliency and the success of young people in and from care. So many ministry staff work directly with young people and are contributing to their success. I thank them, as well as staff at delegated Aboriginal agencies and community agencies, for their tireless work, especially over this past, tough year.
A special thanks as well to my executive team for leading the ministry through a demanding and challenging year: my deputy minister, Allison Bond, here with me today; my assistant deputy ministers, Teresa Dobmeier, Carolyn Kamper, Denise Devenny, Rob Byers, Sheila Robinson, Kevena Hall and Cory Heavener. Their commitment and determination are helping to bring about a vital transformation in the way we serve children, youth and families in B.C.
Of course, I’d like to recognize the Minister of State for Child Care for the passion and dedication she brings to building an inclusive, affordable, quality, universal child care system for B.C. families. I am thrilled to be working as part of this team.
I’m very honoured to stand up today and talk about the progress we’ve made in making life better for B.C.’s children, youth and families, and the investments we’re making to continue that progress. With COVID-19, it must be acknowledged it’s been a hard year for everyone, particularly for children, youth and families. Through it all, we’ve stayed focused, not only on supporting people through the pandemic but also on continuing to make life better for the future. As soon as the pandemic hit, my ministry worked quickly to put emergency measures in place to ensure that children, youth and families we serve were supported.
For example, we’re ensuring that youth and young adults in our care continue to have a safe, secure home by extending key emergency measures until March 31, 2022. This means that youth in care who turn 19 can stay in their current home until they can more safely transition to independence. Until September, young adults will have additional flexibility in accessing the agreements with young adults program, which helps cover the cost of things like housing, child care, tuition and health care while young adults go back to school or attend mental health services, rehabilitation, vocational or life skills programs.
For the first time, young adults using the emergency housing supports who are eligible for the AYA program can apply for both programs at the same time. Having spent time with these youth, even though virtually, I know how important this is to them.
We know this past year has been especially hard on families of children and youth with support needs. We’ve adjusted our services to prioritize these vulnerable young people and their families. My ministry brought in measures to help alleviate some of the stress caused by the pandemic, including giving families the ability to use their respite funding in a broader, more flexible way. One family I know bought a freezer so they didn’t have to go grocery shopping so often. Another one paid for housekeeping.
On top of this, we’re continuing to invest in services that support families and help children achieve their full potential. Budget 2021 includes a $13 million increase for children with support needs and their families. That includes more than $2 million for deaf and hard-of-hearing services, the first major boost to the program in over ten years. We continue to work on implementing a new service framework so children and youth with support needs can get the help and services they need at the right time, no matter where they live in B.C.
I’m pleased to say we’ve also had the first meeting of our Advisory Council on Children And Youth with Support Needs. That was in early May. We were thrilled to get such a positive response to creating the council, and I’m really looking forward to our upcoming meetings and the input of the council as we ensure that families are at the centre of our work.
A key part of my mandate is focused on improving child protection services. Part of this means finding safe alternatives to bringing children into care and especially addressing the overrepresentation of Indigenous children in care. As members know, for too long, there have been systemwide practices that have failed Indigenous children and their families. The trauma suffered by generations of Indigenous children and families has devastating effects.
I’d like to take this opportunity to acknowledge the tragedy of the children who lost their lives and were missing and buried at the Kamloops Indian Residential School. I’m saddened and heartbroken. The children were taken from their family and community that loved them. The families and communities couldn’t properly put them to rest. My thoughts are with the Tk’emlúps te Secwépemc as they struggle with this additional burden, and with the survivors and their families as they relive this experience again. This is a reminder of the violence and harm the Canadian residential school system inflicted upon Indigenous Peoples for generations.
I know this trauma continues today. While we’ve made progress, this is retraumatizing, and we must do more. Since we’ve been in government, we have worked in partnership with Indigenous Peoples to make progress on reconciliation, and this has been a priority for my ministry also. We changed our legislation so that Indigenous communities can have greater involvement early on in contact with the ministry. We’re also amending our policies and practices to be trauma-informed and inclusive of the cultural practices of Indigenous communities in the province.
Our government also made budget investments to support foster parents, and for the first time ever, ensured that monthly assistance for families caring for young relatives through the extended family program is on a par with foster care. This has been especially important for Indigenous families, and as a result, we are now seeing record numbers of children in need of protection staying within their families and connected to their culture and communities.
We’re seeing the lowest number of children and youth in care in over 30 years, and the lowest number of Indigenous children in care in over 20 years. That’s good news, and we know there is more work to do.
Building on these investments in this year’s budget, we’re providing an increase of more than $9 million for supports for children in care and more than $13 million to support out-of-care arrangements that keep children with family members in their communities. We know children and youth have better outcomes when they can stay connected to family, culture and community.
As well, we continue to work closely with the First Nations Leadership Council and Indigenous communities to ensure that Indigenous communities can exercise jurisdiction for child welfare services. The path to jurisdiction is now much clearer with the passing of the new federal act respecting First Nations, Inuit and Métis children, youth and families. With the new federal act, we are moving even closer to the day when we see the nations exercise their inherent jurisdiction over child and family services.
Another top priority and a key concern for government, especially during the pandemic, is supporting mental health and wellness in children and youth. That’s why we continue to work with our ministry partners, including Health and Mental Health and Addictions, to invest in and improve the programs and services people count on.
In Budget 2021, my ministry is increasing funding for child and youth mental health services by over $20 million, bringing the total ministry budget for these services to more than $134 million a year. We know that for many years, families in B.C. have struggled to get their children the mental health and substance use care they need, and our government is working to change that.
The pandemic has shone a light on something we’ve known for a long time — that access to affordable, quality and inclusive child care is not simply good social policy; it’s vital to B.C.’s economy and to our recovery from COVID-19. Despite the pandemic, we’re building an inclusive universal child care system that will support B.C. families for generations to come. Improving access to child care supports our economic recovery by creating more opportunities for parents, particularly mothers, to go back to work or school and give kids the best possible start. From business owners to families, everyone reaps the economic and social benefits of a more engaged workforce.
Through Budget 2021, more families will have access to affordable, quality and inclusive child care, and we’ll invest in early childhood educators, the workforce who are behind the workforce and the heart of child care. I am very pleased that this year’s budget also supports the transition of 400 child care spaces to Aboriginal head start spaces. My colleague the minister of state will have so much more to say on all the progress our government has made in just a few short years.
As the new Minister of Children and Family Development and the former Parliamentary Secretary for Gender Equity, I am very proud to say that we’ve invested an historic $2 billion in the first three years of Childcare B.C., our ten-year plan to deliver universal, inclusive child care to B.C. families. Budget 2021 builds on that momentum so that together, we can emerge from COVID-19 stronger than ever.
As Minister of Children and Family Development, I am committed to making lives better for children, youth and families across our province. There’s a lot more to do, but I am confident that we’ve already made some very important changes and that we are on the right track.
I very much look forward to the questions from the member opposite and from her colleagues.
K. Kirkpatrick: I’d like to start by thanking the minister. She’s had a career of supporting children and families in the province of B.C. and has a real appreciation for the issues that families are challenged with in British Columbia. I think this will be of benefit to all of us.
I’d also like to thank the MCFD staff who work so hard getting prepared for estimates. I know that they’re never quite sure what we’re going to ask, so they have to pull everything for the minister. I do appreciate and know that that’s a lot of hard work.
I was very fortunate, in the few years that I did work in the social services sector, to enjoy a good relationship with the staff at MCFD — the procurements and the contract managers and directors. They’re all very capable and caring people.
It bears repeating that I know we all share the horror and grief of the news this week of the discovery of the mass gravesite at the Kamloops residential school. We have no greater gift and no greater responsibility than our children, and I know that’s why the people here are in the room doing the work that they’re doing. My heart and wishes are with all of those communities who lost their children and all Indigenous Peoples across our country.
I am going to begin by passing the initial questioning to the Leader of the Third Party.
The Chair: I now recognize the Leader of the Third Party. If you have any opening remarks, I welcome that as well.
S. Furstenau: No, I think I can just jump into questions. Thank you.
Starting with today and starting with where people are at across Canada and here in the province and the comments we heard in the Legislature, I think it’s important to recognize that the implications around the impacts of removal of children from families, particularly Indigenous families, are deeply connected to the historical roots of colonialism and the violence that has happened to Indigenous families throughout the last 160 years in this province and in this country.
A lot of the conversation today and in the past several days has come back to this: this practice continues in Canada. Children continue to be removed from their families and from their communities. I know that the minister, in her opening comments, spoke about progress, spoke about the lowest number of children in care, the lowest number of Indigenous children in care.
I guess I’ll start there, which is: can the minister more clearly define progress, particularly when it comes to Indigenous children, families and communities in this province, and how progress, in her mind, is measured?
Hon. M. Dean: Thank you to the member for the question. I want to start by acknowledging that there is a lot more to do and that this is a really, really important matter — it’s a priority for our minister, as well — and to acknowledge that the child welfare system is overly involved in the lives of Indigenous children and families.
As the member commented, in terms of the news, as well, there is that connection of that overinvolvement, dating back to residential schools and beyond. It needs to stop. The ministry has been working hard to transform the system and to address this overrepresentation of Indigenous children in the care system.
While we’ve taken steps to improve, for example, how we share information with the Indigenous communities to be able, as I said in my opening remarks, to build that relationship and make that connection before making decisions about taking steps in relation to a child, we know what that needs is more support for Indigenous families as well.
We’ve all heard calls from Indigenous leaders and from other areas, like the Truth and Reconciliation Commission, that we need to be addressing this. I have asked my staff to work closely with Indigenous partners and with Indigenous leaders. I know that work is being done. I thank my staff for all of the work they’re doing in that area.
We remain committed to making sure we achieve our goal of keeping children and youth connected to family, to community and to culture. We need to be doing that, working in partnership with Indigenous leaders and Indigenous nations.
S. Furstenau: I’ll start with one specific example. The minister speaks of work and the only specific in there was sharing information with Indigenous nations.
The Métis Nation has been working on trying to get a memorandum-of-understanding agreement with Ministry of Children and Families so that the oversight and care for Métis children would be moved over to the Métis Nation.
Can the Minister give an update on where the Ministry is at, in terms of timeline, for completion of that MOU? In the meantime, does the ministry have a plan to pay for the appropriate service level for Métis children being provided by Métis Nation at this time?
Hon. M. Dean: Thank you to the member. Just a couple of other specifics, as well, related to supporting Indigenous children and youth staying with their families and receiving services. We did introduce the extended family payment that I mentioned earlier, in my opening remarks, as well. What that did was it got rid of what previously would have possibly been an inequality between having children in the care system compared to being cared for in extended family — so increased those options.
Also, I mentioned in my earlier remarks, as well, that we have more funding in the budget this year for out-of-care options. That’s supporting Indigenous children and youth staying connected to family and community and culture.
In relation to Métis, in June 2018, Métis Nation British Columbia, MNBC, and the ministry signed a joint commitment document that commits the parties to collaboratively work towards MNBC authority over child welfare for Métis children and families in B.C. So that’s probably the document, the MOU, that the member was asking about.
Even since the signing of that document, there have been amendments to the provincial legislation, the Child, Family and Community Service Act. Also, there’s been the enactment of the federal Act Respecting First Nations, Inuit and Métis Children, Youth and Families, along with, of course, the provincial Declaration of the Rights of Indigenous Peoples Act as well.
All of these signal and support continuing to work very closely with MNBC. We have two tables where we’re actively involved in talking about all of these relevant items. There’s a Métis Working Table, and there’s also a Métis Practice Table. Staff has been working really hard, in partnership with MNBC.
We do have Métis Delegated Aboriginal Agencies that are fully funded as well. Indeed, in 2018-19, 2019-20, we also provided funding to MNBC to flow through to agencies.
S. Furstenau: Thank you to the minister for that. One of the concerns that the Métis Nation has raised is that a non-Indigenous ministry, Children and Family Development, developed the service for children and youth with special needs, youth justice, complex needs supports and family planning conferences, and they’re getting paid $40 an hour to run these. Whereas the Métis Nation has either not been given the opportunity to develop these services or are funded at 50 percent of what the non-Indigenous partners are funded at.
Can the minister speak specifically to funding for Métis Nation in order for them, as she points out, to gain the authority over their children?
Hon. M. Dean: Thank you to the member. The information that you provided just then is new to us and is new to ministry staff. Ministry staff would be more than happy to talk to MNBC about the range of services that they would like to see provided to their community members and would be happy to continue having those discussions. There are active tables that are already in place for those discussions to be had, but we will take that back, and we’ll have a look at that as well.
S. Furstenau: I’m just going to move on. Again, considering the news from last week and the overall situation for Indigenous children in care…. The Representative for Children and Youth had a report come out in December of 2020 called Illuminating Service Experience: A Descriptive Analysis of Injury and Death Reports for First Nations Children and Youth in B.C., 2015 to 2017.
In the executive summary, it stated:
“The data examined for this report found 87 deaths and 1,067 injuries reported for First Nations children and youth. Additionally, 200 care plans of First Nations youth with reported injuries were explored to examine issues important to First Nations leadership, service providers and community members.
“The representative noted the following from the data: one-third of deaths reported for First Nations children and youth were unexpected; most injuries reported for First Nations youth were for female-identifying youth; injuries reported for First Nations youth were most commonly reported for those placed in foster homes; injuries were most commonly reported for older youth; sexual assaults and suicide attempts were most commonly reported for both First Nations children and youth and non-Indigenous children and youth; physical assault injuries and caregiver mistreatment were reported more commonly for First Nations children and youth than non-Indigenous children and youth.”
I’m wondering. Since this report was received in December of 2020, what action specifically has the ministry taken in light of these revelations?
Hon. M. Dean: Since the period of the report, which is 2015 to 2017, the provincial government has changed the legislation, the Child, Family and Community Service Act. That really important change there is what we talked about before, where it’s possible to share information with Indigenous communities before action is taken in terms of their child, so that it’s possible to have that conversation and talk about where there might be a safe place for that child or youth to stay within family or within community. That helps keep children and youth connected to family, community and culture.
Also since then, the federal legislation has actually been enacted as well. Again, that directs us to make sure that we’re working closely with Indigenous communities to exercise their jurisdiction. We have actually been doing a lot of work engaging with Indigenous communities on jurisdiction as well.
In addition to that, we’ve brought in increases in rates for carers, as I talked about before. That has made it more possible, and provided more capacity, for children and youth to stay with Indigenous communities and family members. In fact, what we’re seeing now are historic lows of numbers.
We’re seeing an increase of Indigenous children and youth being cared for in out-of-care placements. Those are placements with other family members and community members. The rate of bringing children and youth into care is going down and has been going down as well. We also work very hard at making sure that there was really good cultural planning with Indigenous children and youth — making sure that they were connected and engaged with culture and community.
S. Furstenau: On that, I think that the connection between legislation, practice standards, intentions and outcomes is also a really important one to look at. So I’ve been reviewing some of the resource practice audits and the family service practice audits. The audits of practices are the ones that I’ve had a chance to have a look at.
For the 2019 family service practice audit, south Vancouver Island service delivery area, the overall compliance rate was 52 percent. For the 2020 resource practice audit, south Vancouver Island service delivery area, the overall compliance rate was 36 percent. This includes things that the minister has actually just spoken to but also, importantly, things like initial screening of prospective caregivers; assessment of prospective caregivers and family care homes; and renewal of CCRC and CRRA checks.
Sharing placement information with caregiver — that was a 4 percent achievement rate. Caregiver continuing learning and education was a 6 percent achievement rate. Reportable incidents, like the ones that are mentioned in the report by the Representative for Children and Youth: a 29 percent achievement rate. Allowable number of children in home — 39 percent of homes had too many children. Supportive practice had a higher achievement rate — in the 80s. Conducting quality of care review was, unfortunately, 100 percent not achieved.
I just bring this up because I think that there is often — I’m sure that the deputy minister has heard me say this many, many times — a sense of disconnect between what gets said in this building, in these rooms or in the chamber and what is experienced on the ground. What we see experienced on the ground, in our constituency offices, are often not happy stories — not a sense of things having changed, just a sense of things continuing to go along in the same way.
An example of systemic inequity in the system is one where, on the one hand, MCFD has lawyers that are earning government salaries, and endless resources in terms of the legal representation, whereas parents are often faced with overburdened legal aid lawyers or no legal representation at all. This is a systemic imbalance in the system.
I just heard from my CA about a mother who has done everything she could, ticked every box. I mean, her audit would be 100 percent. But she was told: “Well, you know, you need to go to court. We’re going to decide whether there’s going to be a continuing custody order or not.” She did not have legal representation, and she’s up in court, with the ministry being represented by salaried lawyers.
Kind of a two-part question here. In terms of the minister’s take on these practice audits, does the minister review these? What is the response of the ministry?
I’ve been looking at these practice audits year over year. They typically don’t tend to come out particularly well. Some service areas certainly do better than others. But when you have a 36 or a 52 percent compliance rate with practice standards, within a ministry that is involved in the most intimate and essential relationships that we have in our lives, between parents and children, to me this would feel quite urgent — that the standards of practice are not being met. All the intention, all the legislation, all the reforms are not necessarily being translated into practice or into outcomes.
I guess my question to the minister really is around how to square that circle when there are these kinds of audits coming out — and, also, the input that we are all receiving, I expect, in our constituency offices, of ongoing struggles and challenges that families experience, particularly Indigenous families, in their interactions with MCFD.
Hon. M. Dean: Thank you to the member. Yes, we do look at the practice audits. It’s a concern for all of us. What we want to do is make sure that we are actually evaluating the impact on families and for families — the benefits for families and for children and youth.
I do want to appreciate the work of all of our staff. It’s difficult work that they’re doing, especially during this pandemic. Staff has continued to provide supports and services. Our approach is that wherever it’s safe to do so, we want to support children and youth staying with their families.
I do recognize that there are inequities in the system, and they have been persistent for far too long. I want to recognize the work of my predecessor as well, Minister Conroy, who started to make fundamental changes in this ministry and the way that we deliver child welfare services. We still have a long way to go, and we will continue that work. We do actually have to change the system. As the member pointed out, there are inequities.
For now, what we do have is…. I can assure the member that audit findings are reviewed by staff. That might be in the service delivery area or in the Delegated Aboriginal Agency as well, to make sure that practice concerns and practice strengths are identified, too, and to develop an action plan based on compliance ratings too. Each of those action plans is tracked through to its completion. Then it’s possible as well for special audits to be conducted where there are identified practice concerns. Two special audits were completed in 2020.
What’s really important, though, as I say, is to change the system, because we need to be measuring and tracking how families are actually doing, how children and youth are actually doing and how the services that we provide are benefiting as well. We’re working on developing an outcomes-based quality assurance program. As we make shifts in our service delivery as well, we need to make sure that we have good evaluation and outcomes measurements.
We’ve established an advisory circle representing a diverse group of individuals from Delegated Aboriginal Agencies, First Nation communities, the Métis Commission for Children and Families of B.C. as well as First Nation Hereditary Chiefs. That’s been formed to lead this work, moving forward.
The Chair: I think we have time for one more question.
S. Furstenau: I’m wondering…. I’ll end it with this, and I think I’ll pick up a little bit tomorrow, or my colleague from Saanich North and the Islands will. I’m not sure which of us.
There have been some prominent stories in the media. One was about a social worker, Riley Saunders, who had several victims — clients of his — who he stole money from. One of the points that’s been raised, particularly about this case, was that he wasn’t actually a social worker.
For a long time, there has been a great number of people who have been advocating for a registry of social workers with their professional college, the B.C. College of Social Workers. This is an example where, had the College of Social Workers…. If social workers in MCFD were registered with the College of Social Workers, it would have been identified very quickly that this was a person who was not actually a social worker — qualified — and a lot of harm could have been avoided.
While I’m aware that the minister won’t speak to any specific cases such as this, I would like…. This connects back to the practice audits. It connects back to, I think, a very significant need for building and rebuilding of trust, transparency, accountability.
One of the things, again, that we’ve seen repeated many, many times is the experience of a person who files a complaint through MCFD. I would say that in 100 percent of the cases through our constituency office where a complaint has been filed, the outcome has not been a satisfactory one for the complainant. That complaint goes into the ministry, it comes around in a circle, and it comes back. There hasn’t yet been a sense from any of the people that we’ve worked with in our constituency office that that has been a satisfactory process or outcome.
I appreciate the minister’s comments about recognizing that there’s a lot of work to do, that the system needs, really, rebuilding — that there are inbuilt inequities. We recognize these. I appreciate the minister acknowledging and recognizing this. The amount of power that, particularly, a child protection worker has is enormous. And there isn’t, as we expect with any health professional — with chiropractors, with physiotherapists, with social workers working in hospitals — an independent regulatory body overseeing that practice.
Can the minister comment on the long-standing calls to have Ministry of Children and Family social workers overseen by the College of Social Workers and whether this will be something that happens under her watch as minister?
The Chair: Given the time, I ask the minister to move the motion.
Hon. M. Dean: Hon. Chair, I move that the committee rise, report resolution and completion of the estimates of the Ministry of Social Development and Poverty Reduction and report progress on the Ministry of Children and Family Development and ask leave to sit again.
Motion approved.
The committee rose at 6:18 p.m.