Second Session, 42nd Parliament (2021)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, October 19, 2021
Morning Sitting
Issue No. 108
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Orders of the Day | |
TUESDAY, OCTOBER 19, 2021
The House met at 10:04 a.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers and reflections: J. Tegart.
Introductions by Members
Hon. K. Conroy: As many of you know, I am really fortunate to have nine grandchildren — or grands, as I call them, affectionately. Five of them have their birthdays in October, so I decided to do it all at once and acknowledge them all at the same time.
Daira Batchelor, my first grand, was born on October 9, and she turned 21. I also want to acknowledge her partner, my grandson-in-law, Matt Davis, who turned 24 on the sixth. I said to her, “You couldn’t have found a partner who wasn’t born in October,” but she didn’t.
Also on the ninth, my No. 4 grand, Ryen Batchelor, turned 16 — yes, the same day as his oldest sister. On October 10, my No. 3 grand, Eric Kardash, turned 18. October 13 was No. 5, Aydenn Batchelor’s 15th birthday. And today — actually, one of them was born today — my No. 2 grand, Alexia Kardash, is turning 21.
Please help me give them a Legislature happy birthday.
Hon. S. Malcolmson: In the House today, we have Dinah D, stand-up bass player and lead, one of the founding members of the Juno Award–winning kids band the Kerplunks. Also, professional clown, juggler and wonderful inventor Trevor Gear. Will the House please make them very welcome.
I have to say one more thing about them. During the pandemic, many parents across British Columbia were grateful for their Fun Farm YouTube broadcast. It saved a lot of families and kept a lot of kids entertained.
Will the House please thank them for their work.
Statements
(Standing Order 25B)
Mr. Speaker: Members, when you start making your statement, please keep your eye on the monitors on both sides to watch the time, because these are only two-minute statements.
REGISTERED DISABILITY SAVINGS PLANS
S. Cadieux: October is RDSP Awareness Month. The registered disability savings plan is the first of its kind in the world. It’s a tax-deferred savings vehicle to assist people with disabilities in planning for the long term for financial security. Its roots are here in British Columbia, and after the introduction in 2008, the B.C. government at the time set the national best practice by exempting the RDSP from B.C. disability assistance payments, both as income and asset.
The RDSP is an important tool in the efforts to end poverty for people with disabilities. On its own, it offers people with disabilities the chance to accumulate savings and to use them without fear of clawbacks.
We need everybody to be talking about the RDSP. Even with the financial security it can provide, many people who qualify don’t have one. Many Canadians know and take advantage of RRSPs and RESPs, but far fewer people know about the RDSP, and unfortunately, some simply refuse to accept that there’s a government program that truly invests in people. I can understand that skepticism, but it really does. Here’s how.
For every dollar put into an RDSP account, the federal government can, if your family income is below $98,000, match up to $3. This is the Canadian disability savings grant. For people living on a low income of less than $32,000, the federal government will put in $1,000 each year for 20 years. This is the Canada disability savings bond. Anyone can contribute to an RDSP on behalf of an individual with a disability, so people can help in the way that they are able.
British Columbians have led the country in taking advantage of the RDSP. We have the most accounts, and we have the highest average holdings in those accounts. But there are still tens of thousands of people who aren’t taking advantage of this opportunity.
Plan, Disability Alliance B.C. and the B.C. Aboriginal Network on Disability have banded together to get the word out. Help them raise awareness this month on social media. Go to rdsp.com.
Mr. Speaker: Good timing. Excellent.
MEL SCHMIDT
D. Routley: I’d like to speak to the House about the recent passing of my friend Mel Schmidt.
Mel was born April 8, 1934, in Barriere, at home. He joined the CCF in 1955. He fought with his parents often, who joined the Social Credit League at exactly the same time. His membership card was signed by Grace MacInnis, Order of Canada, first woman MP from B.C. and J.S. Woodsworth’s daughter. He was a life member, that honour being bestowed on him by Dave Barrett.
Mel was a hard-working and dedicated person to his family, to his fellow workers and to his community. He was a great fundraiser. As he was an avid hunter and fisher, he often organized a heritage game dinner in Crofton. He once organized a baseball fundraiser, with the visiting likes of Dave Barrett and Emery Barnes.
In his son Donald’s words, he never missed an opportunity to tell anyone how much better this country would be if we elected more New Democrats. Even at age 87, this fall he was putting up election signs shortly before his illness.
For me, I spent the first 25 years of my working life on worksites — logging, tree planting, construction. Mel knew that world and the ability of working people. He simply believed that everyone deserves a decent share of the economic pie. These were not steeped in left-wing ideology. It was a simple and practical belief.
Conversations with Mel for me were like tossing a ball back and forth. He loved sayings. He told me: “Madder than a wet wasp.” He said that trying to understand some people is like smelling the number nine. He told me that ten pounds of stupid in a five-pound bag equalled what I had just done.
He also said you can’t build hope by ignoring reality, only by facing it. Mel Schmidt was always ready for that challenge.
FISH, WILDLIFE
AND HABITAT
COALITION
T. Shypitka: This morning I would like to speak on behalf of fish, wildlife and habitat, as I have done in this House many times before. Recently I met up with representatives of the B.C. Fish, Wildlife and Habitat Coalition here in B.C. That represents an incredible 275,000 members and over 1,000 businesses.
How is it that such a large coalition representing such a diverse group of members, such as hunters, environmentalists, guides, trappers and land conservationists, can put their differences aside and work together as one without beating each other up? The reason is simple, in that nothing brings people together more than a crisis.
The message from this coalition and from myself is that we need more non-partisan collaboration to help nature. To illustrate, I can lean on some statistics that show that in 1991, B.C. spent 4.9 percent of its budget on renewable resource management. By 2001, 3.3 percent. In 2011, 1.6 percent. In 2021, it’s just 1.4 percent. Surely, the health of our natural assets is worthy of more than 1.4 percent of our taxpayer dollars.
Rebuilding resilient forests means returning our renewable resource management budget to 5 percent. Without a reasonable financial commitment, it is impossible to move forward.
The objectives of this Fish, Wildlife and Habitat Coalition are to (1) position fish, wildlife and habitat into outcome-based legislation; (2) review and modernize other related legislation; (3) increase and dedicate funding; and finally, (4) work toward a new governance model which everyone can see themselves in, incorporating local input, regional landscape planning and a land manager making operational decisions locally.
We politicians need to take a long-term view on this and take a lesson from this coalition of selfless volunteers and skilled professionals. Let’s all of us truly work together for wildlife.
TAKE A HIKE PROGRAM
FOR VULNERABLE
YOUTH
J. Routledge: Three years ago I spoke in this chamber about an alternative education program called Take a Hike. Take a Hike is a full-time mental health and emotional well-being program embedded in our public education system. It uses the outdoors and adventure-based learning to engage vulnerable youth. Since then, Take a Hike has expanded. It offers three more programs on Vancouver Island, in addition to the five already operating in the Lower Mainland.
Youth served by Take a Hike already face challenges, such as mental health complications, addictions and trauma. COVID-19 has only made it worse for them. The supports they can access now will determine their resiliency and put them on a path to social and academic success with long-term impacts for their future. As Take a Hike continues to expand, they are doing more to embrace equality, diversity and inclusion.
While Take a Hike welcomes all youth, they are committed to truth and reconciliation. They work with Indigenous consultants to develop curriculum that unites Indigenous ways of knowing and learning, with Take a Hike’s theory of change and attachment in a trauma-informed setting.
Take a Hike is one of the few programs in B.C. that embeds full-time registered mental health clinicians to provide prevention and early intervention support. Approximately 90 percent of their students graduate, and according to a social return on investment study, for every dollar spent on Take a Hike, society will recognize a return of more than five times that much.
I wish I had time to tell some of the stories of students who triumphed over their adversity.
Let me conclude by saying that Take a Hike continues to empower vulnerable youth to change the trajectory of their lives.
RESPONSE TO WHITE ROCK LAKE FIRE
T. Stone: This is a story of resilience. Unless you’ve lived through a wildfire, you have no idea what it’s like to experience losing everything. These are words shared by dozens of families who lost their homes due to the White Rock Lake wildfire this summer.
I have huge respect and gratitude for the residents of Monte Lake and Paxton Valley who, this past August, stepped up for each other amid tragedy. They did so because of the love they have for their community. This raging inferno left behind heartbreaking scenes of destruction. But it might have been even worse if not for the determination of residents who took matters into their own hands on August 5, in the absence of help that they desperately needed.
It’s easy to judge these folks, but it takes more effort to stop and listen to what might prompt someone to stay behind and risk their lives during an emergency. One resident said: “Everything that I have is invested here. All I have is my home, my land, my animals. If I don’t save this, I’m too old to start over again.”
Another neighbour added: “There are times you have to stand up and do it yourself, especially when nobody else is there to help you.”
These honest, hard-working, decent folks continue to forge on as best they can, helping one another with housing, food, even hay for their animals. Some are multigenerational families that built these communities and even contributed to building our province, while other, more recent arrivals are continuing the tradition of supporting their community here and now. Whether in ranching, farming or forestry, they’ve been minding their own business, raising their families, not asking for handouts from government. But they need help today.
One resident summed this up well recently when she said: “Come to my property and look at a desolate, bare, blackened, horrible nightmare that I will have to live with for the rest of my life. We have nothing.”
Nearly three months later it’s time to get these resilient people of Monte Lake and Paxton Valley the supports they need and deserve to rebuild their homes and, indeed, rebuild their lives.
QUALICUM BEACH STREAMKEEPERS
A. Walker: I want to take a moment to recognize the incredible work of the Qualicum Beach Streamkeepers.
Here on the coast, we rely on wild salmon and other fish to feed us, to provide families with sustainable jobs and the sport-fishing opportunities that foster some of our richest memories on the water. Of course, these fish also feed our forests, ecosystems and wildlife. Our rivers and streams are under increasing pressure from urban development, and it is through the meticulous record-taking, advocacy and hard work of streamkeeper volunteers that we’re starting to see our local salmon and trout populations grow.
Volunteers drive high into Mount Arrowsmith, near the source of the Little Qualicum watershed, and follow this flow down at regular intervals, recording the temperature, turbidity and other levels, and they carefully seine and count the small salmon and trout fry in the streams. This provides valuable data on stream health, especially as we are seeing the impacts of climate change, leading to lower summer water flows and increasing pressure from heavier winter rains.
Their advocacy means that Beach Creek no longer runs through old hot-water tanks and old oil drums and that local decisions are better informed. Their hard work goes well beyond the important work of tree vegetation planting, bank stabilization and fish counts. It includes the dirty work of their annual fish toss, collecting deceased spawning salmon from the stream banks and distributing their bodies higher upstream to nurture habitat and carefully collecting the salmon and trout fry prior to the work of heavy machinery in stream revitalization efforts.
It’s working. Through the fish counts, they have recorded a near doubling of fish in these streams.
Our community and our ecosystems are so much richer for the work of the Qualicum Beach Streamkeepers, and I want to thank each and every one of the volunteers for the incredible work that they do.
Oral Questions
ACCESS TO INFORMATION
ON COVID-19 IN
HOSPITALS
S. Bond: The Premier has repeatedly dismissed questions about his government withholding critical data related to the management of COVID-19. He said: “We’re not hiding anything.”
Well, the Premier is hiding. He’s hiding key data and information that the public is entitled to. Last month, this government was finally forced to admit that it had been keeping two sets of numbers on how many COVID patients are actually in hospitals — one for the public, and the accurate one is actually 46 percent higher.
The majority of British Columbians want to do the right thing, but they need specific, detailed information to help them make better decisions, including choosing to be vaccinated.
To the Premier, why is his government still failing to provide accurate hospitalization and ICU numbers despite making a promise to do so a month ago?
Hon. A. Dix: Thank you to the member, the Leader of the Opposition, for her question.
Since the beginning of the COVID-19 pandemic in March of 2020, when it was declared, and even before that, we have been providing British Columbians with information on a daily, sometimes on a weekly, basis through regular briefings, through our online dashboard, through multiple reports.
For example, in terms of long-term care and assisted living and acute care outbreaks, information since January — weekly information on case counts, on the number of people who have passed away in outbreaks, and so on…. The amount of information that’s provided on a daily and weekly basis is exceptional in B.C. We receive new requests for different information all the time.
The issue of discontinued isolation, as the member will know, in the community is a significant issue that we have been asked about many times. Just because you’ve recovered and are no longer infectious doesn’t mean, because of long COVID, that you’re not continuing to suffer the consequences of getting sick from COVID-19.
There is a massive amount of information and requests that go out every day. I think to suggest — and I disagree with the Leader of the Opposition on this — that this mountain of information and the desire to have more than a mountain of information is a reason for anyone not to get vaccinated is just not correct. People need to get vaccinated now. I know that the member agrees with that, so we’re not having that debate. But I don’t think that’s the reason.
We are providing on a daily, weekly basis…. Today Dr. Henry will be briefing again. We promised, I think, a couple of weeks ago, a monthly report on this school year and on outcomes of cases in this school year. Dr. Henry will be briefing in detail on that. We’ll be providing other information as requested as we expand to the hundreds of requests that we get every week from members of the media and the public with respect to the COVID-19 pandemic.
Mr. Speaker: Leader of the Official Opposition, supplemental.
S. Bond: Well, certainly, the minister can list off all of the briefings and the information that is currently provided, but what British Columbians expect from the Premier and this minister is accurate information. People expect that the Premier will trust British Columbians with key information. It’s not good enough to say that there are daily briefings and there’s information. It is what information is provided and how.
Let’s talk about attempts to get information about COVID-19 outbreaks in hospitals through freedom of information. Those have been stonewalled and denied. Fraser Health, for example, recently blacked out 55 of 79 pages in a document that was finally provided after months of delay. So the minister can list all of that information. That is the fact. Fraser Health blocked 55 pages out of 79.
Jason Woywada of the B.C. Freedom of Information and Privacy Association says: “Trying to hide behind redacted documents…and not getting the information out there as quickly as possible can erode trust in public institutions.”
That is exactly what this government’s provision of details and detailed information has done. It has eroded trust. It should not take an FOI request to get detailed information about the COVID-19 situation in British Columbia. It shouldn’t take an FOI request.
Again to the Premier, will he and his government provide the accurate hospitalization and ICU numbers that were promised? That is what British Columbians expect, and that is what they deserve.
Hon. A. Dix: In British Columbia, in a pandemic, the people who are responsible for providing accurate information — it’s why we have a public Health Act; it’s why information is gathered under the public Health Act — are public health. I support every single one of their decisions, because I support them.
The Leader of the Opposition asks about requests for information, about cases in hospitals and about an FOI request that, I think, was made by media members. It is not surprising, and it’s one of the real challenges of the pandemic sometimes, because early on, the member will remember there was the first case in Interior Health…. People wanted to know where the person lived. I repeatedly said, “We’re not going to provide that information,” for good and important reasons.
As I understand it, many of the redactions which were made by the freedom-of-information people responsible, and the Fraser Health Authority in that case, were made consistent with the Freedom of Information and Privacy Act. They made those…. Of course, there is a process for appeal of that process, and that may well happen, but it’s not surprising that the details of case histories — of hospital outbreaks — fall under the privacy provisions of that act. I think the member surely would agree that you would expect redactions from such a request, and redactions occur.
There is also a process to review that. I know the members will be canvassing this in further questions, but that’s the process now. We have an independent process. Independent people take a look at it. They respond to that, and they have in mind protection, the desire for information, which is critically important, which we do every single day on our dashboard and every single week in our reports on outbreaks.
As well, they expect the privacy of individuals in our health care system to be protected.
M. de Jong: I think that through this extraordinary time — this pandemic — most people have endured. They have endured without complaint. They haven’t been out protesting, they haven’t been complaining. They’ve simply gotten on with their lives as best they can and tried to make the best decisions they can for the safety and well-being of their families. They’ve only asked for one thing in return. They’ve asked for the government to be honest with them. That’s what they’ve asked for in return.
We know that in key areas, the government hasn’t been honest with them. It has released false numbers on hospitalization rates. It has forced people to submit FOI requests for basic, accurate information about COVID outbreaks in hospitals. Even then, it chooses, as we’ve just heard, to withhold that information.
Vancouver Coastal Health said there were no records. That’s unbelievable. That is simply unbelievable. Fraser Health, as we’ve just heard, blanks out 55 of 79 pages, because, apparently, the government determined that disclosure would be harmful to its “financial or economic interests.” That’s what the material says.
Can the Premier explain which possible financial or economic interest of the government justifies withholding accurate, vital and relevant information from British Columbians about the COVID pandemic?
Hon. A. Dix: The member, the former Government House Leader, will know from his experience that the reason why…. Information in a pandemic, the definition of information and how it’s provided, is provided by the public health officer. It is for exactly that question and the importance of that question of credibility. It’s why we have been so supportive — and, I would say, overall, the opposition has been so supportive — of Dr. Bonnie Henry, who is responsible for that.
I just can’t let the premise of that question go by. When the member says that Dr. Henry and other public health officials are not being honest, well, I just tell you I am not in agreement with that.
Interjections.
Mr. Speaker: Members. Members, come to order.
Hon. A. Dix: I am not in agreement with that.
Interjections.
Mr. Speaker: Members.
Hon. A. Dix: Or anyone else. There’s an extraordinary effort to provide information about this pandemic. There’s extraordinary effort being made to provide information to everyone about this pandemic.
As members will know on the FOI process, there’s a process that people go through independently to determine issues of the applicability and whether information is provided or not. That’s the nature of the Freedom of Information and Privacy Act.
I think members know this. Members of the opposition…. I say, although I wasn’t going to let that statement go by without responding to it, that I think members of the opposition have been exceptionally supportive of Dr. Henry as well. I would never say otherwise.
I would say this. I think public health has done an exceptional job in providing information to British Columbians. I support them, I’m responsible for their actions in this House, and I’m proud to support them today.
Mr. Speaker: The member for Abbotsford West on a supplemental.
M. de Jong: As a skilled and experienced parliamentarian, the Minister of Health can try as much as he likes to deflect attention away from the essence of the question. But he hasn’t done so, and he hasn’t answered the question.
He hasn’t answered the question about why, when a request for information about the safety of hospitals, a request that shouldn’t even require an FOI request…. It shouldn’t be necessary to double-check numbers provided by the government, but that is necessary, because the government has released false numbers in the past.
He hasn’t answered this question: why is it that 55 pages are blanked out and the excuse used is that because it would be harmful to the financial or economic interests of the government? Those are what the documents say. The government, the minister, the Premier want British Columbians to trust the government, but unfortunately, the government doesn’t trust British Columbians.
Here’s the pattern. Here’s the pattern that the minister and the Premier don’t want to acknowledge. They failed to release a report on COVID-19 in long-term-care homes. They failed to provide accurate case counts and hospitalization data at the local level, and they’re still failing to provide true hospitalization and ICU numbers…
Interjections.
Mr. Speaker: Let’s listen to the question, please.
M. de Jong: …despite promising weeks ago to do so.
My question, again to the Premier is: when will he stop blocking the disclosure of information that British Columbians are entitled to have about the safety of their hospitals, and when will he proactively release the accurate information that British Columbians are entitled to have to assess the safety of their hospitals?
Hon. A. Dix: Public health has been providing information through the B.C. Centre for Disease Control and through the provincial health office from the beginning of this pandemic. There have been, throughout the pandemic, as is absolutely understandable, requests for more information, and they have consistently met those requests.
The number of reports that are made available on a daily and weekly basis is exceptional — beyond anything that’s provided, I think, on any other issue in government — because Dr. Henry believes, and because I believe, that people need to know the information about a pandemic that’s affecting everyone’s lives. That’s what we’ve been doing from the beginning of the pandemic.
They define, and we define, information. This is why, when you consistently define hospitalizations, you know that in the first phase of the pandemic we topped out at 149 people in hospital and 72 people in critical care and that in the month of April, we hit 183 people in critical care. That’s more. That now we’re at 151 people in critical care. That’s a lot. That we’re moving people around the province. We provided details to the opposition and to everyone else about all of that, and we’re going to continue to do so.
The people leading that effort of getting the information — and this assures public confidence — are the provincial health office and the B.C. Centre for Disease Control. That’s not a way of dodging the question. I support them, and I’m responsible for their actions in this House, and I’m proud of them. I’m proud of the B.C. CDC and their courageous seven-day-a-week effort throughout this pandemic, and I’m proud of our provincial health officer.
AFFORDABLE HOUSING AND GOVERNMENT
REVENUES FROM HOUSING
SECTOR
S. Furstenau: Yesterday this government told my colleague that they view housing as a human right. We agree. Everyone has the right to livable, affordable housing. But in B.C., housing has been treated like a commodity instead of a right.
In the first quarterly report of B.C.’s finances last month, this government touted a “stronger than anticipated financial recovery and a smaller deficit than was projected,” but the numbers don’t tell the whole story. Our economic growth is tied to an explosion in housing prices. According to the B.C. Real Estate Association, prices for all homes increased by 17.1 percent this year. The increase in prices shows up on the province’s books, deepening our government’s reliance on an overheated and unsustainable housing market.
My question is to the Minister of Finance. This government has a vested interest in keeping housing prices elevated. They also have a commitment to uphold the human right for everyone to have livable, stable, affordable housing. How does the minister reconcile this conflict?
Hon. S. Robinson: I have to say to the member how much I appreciate her asking the question. As a government, we have been very, very strong on making sure that housing affordability is addressed here in this province.
We’ve recognized that B.C.’s housing market continues to be a priority for our government, and we’ve made significant efforts to address that, from a 30-point housing plan, where, I believe, all elements of the plan have been enacted, most of them have been completed. We have brought in a speculation and vacancy tax to make sure that we can deliver for British Columbians.
We’ve brought about billions of dollars of investment into housing, not just for those on the bottom end of the income scale but for middle-income British Columbians, with $2 billion invested into the HousingHub to make sure that we can also bring housing about for those middle-income British Columbians.
We know that the pandemic has jolted the housing market in a significant way. We were making headway on addressing housing prior to the pandemic. We know that there’s more to do, and we’re a government that is committed to continuing to address housing affordability here in British Columbia.
S. Furstenau: Thank you to the minister for that response. Yes, I appreciate what she’s identified — the 30-point housing plan, the speculation tax, investments in housing and the HousingHub. However, let’s go back to the 17.1 percent increase in housing prices this year. The outcomes are not the desired ones if this government is truly committed to housing being a human right.
Let’s just consider, for example, how many people who work in this building who are struggling to find affordable rentals and for whom the dream of homeownership in Victoria is an impossible one. This is connected to the commodification of housing. Government is overly reliant on housing revenue to display a “healthy economy,” but the economy isn’t healthy if it’s not working for the vast majority of people. Let’s remember: GDP measures everything except that which makes life worthwhile.
Yes, COVID-19 has impacted the economy and the housing market, but that doesn’t absolve the government of its responsibility to act. We’re facing a housing crisis. The crisis is deepening.
Again to the Minister of Finance, what was not addressed in the minister’s response is the fact that people can’t afford to live in their communities, nor does it address the conflict that this government appears to be unwilling to acknowledge. Is housing for wealth creation, or is it a human right?
Hon. S. Robinson: Perhaps the member didn’t quite understand my previous response, given the significant efforts that this government has made after vacancy of the previous government on this file. We have taken significant action. In fact, in our last budget was $2 billion more into addressing that very gap in the housing continuum. That is a government that’s taking action.
No one here is saying that we’re done. We have a lot more work to do, and I know that the members opposite will join with us in that work. The fact, just in the last, I think, three years, we have 24, 25…. No, wait. It’s 35,000 rental homes in the pipeline in the last four years. That is going to be coming online.
We have more to do, and I look forward to working with all members of the House to continue to address housing affordability here in British Columbia.
ACCESS TO INFORMATION
ON VENTILATION PROJECTS
AND
COVID-19 IN SCHOOLS
J. Tegart: From trying to bury a report on long-term care or blacking out key information about COVID and hospitals, the Premier works hard to hide the truth from British Columbians. And now you can add schools to the list.
Parents worried if their child’s school has safe ventilation are being kept in the dark by this Premier. We’ve been asking for months for details on which projects are complete, which ones are scheduled, to ensure that children have safe, fresh air in classrooms.
Will the Premier commit today to giving parents ventilation information in one central location?
Hon. J. Whiteside: Thank you to the member for the question and for the opportunity to talk about the extraordinary work that our school districts have done as front-line leaders in keeping our schools open, keeping them safe throughout the pandemic. I can assure this House that school districts have taken the significant investment that we have made — $87.5 million over the last two budgets, $240 million in this budget — to invest in improving the heating and ventilation systems in our schools.
In my riding, for example, of New Westminster, my community, we know that that school district has increased all of their HVAC systems up to MERV 13s. We know several other districts have done that. We have asked districts to meet with their local occupational health and safety committees to talk about the work that’s been done.
I know that the leadership in the Vancouver school board has spoken with many parents about the work that they’ve done in that school district. We’ve asked that they do, in fact, make all of that information available so that it will be available in one central location. We’re working to support school districts to do that.
I want to say that school boards and school districts…. The work that they have done to support kids and families throughout this pandemic is extraordinary. We owe them all a debt of gratitude in that regard.
Mr. Speaker: The member for Fraser-Nicola on a supplemental.
J. Tegart: There is no doubt that the work done by school boards is extraordinary. Those of us who have served on school boards know the work. What we’re questioning is the work done by government.
This is a Premier who started the school year by hiding details on outbreaks in schools. He said he didn’t want to stress parents out. You know what really stresses parents? Not knowing if their children are safe or not.
The Premier gave his office a $3 million raise this year, but he’s making parents crowdsource work to find out if there are cases in their children’s school. Will the Premier provide the centralized information parents need, instead of adding to their stress?
Hon. J. Whiteside: Thank you to the member for the question. I think that when it comes to the information that is provided…. Again, we have a very robust system in place with respect to the provision of information to school communities about potential exposures in their schools. That information is recorded on health authority websites.
I want to assure British Columbians. I want to assure families that if your child is at risk of exposure, you will be notified by public health. That is the process. There is a very clear process established by public health. When there is a test-positive case identified, that information is communicated directly to close contacts, and potential exposure notifications are listed on health authority websites.
ACCESS TO INFORMATION
ON MASSEY TUNNEL REPLACEMENT
PROJECT
I. Paton: This government has been hiding a report on long-term care, blackening out key information about COVID in hospitals, then concealing vital information for parents. And now the Premier is concealing critical Massey Tunnel documents. While the Premier plays politics, the losers are the drivers stuck in traffic for another decade.
It’s pretty obvious that the Premier is ashamed of his decision to replace a ten-lane bridge with an eight-lane tunnel. He decided taxpayers should pay more to get less, including no rapid transit option, and he’s hiding the documents justifying his decision. We had already approved a bridge, $100 million was already spent on it, and the people would be driving over the new bridge next year.
Here is some of what the Premier is hiding. Why a tunnel rather than a bridge? Where is the risk analysis? Where is the value-for-money analysis?
Interjections.
Mr. Speaker: Members.
I. Paton: How much extra is it going to cost to hire the Premier’s political friends to build this tunnel?
Interjections.
Mr. Speaker: Let’s listen to the question, please.
I. Paton: And will the project stand any chance of getting through a federal environmental assessment process? All of those questions and more blacked out by the Premier.
My question is to the Premier. Will the Premier release the full report so that people in B.C. have something to read while stuck in traffic?
Hon. M. Farnworth: I must say I do find it fascinating that they’re asking for the full release of the business plan around the bridge, which was released. But what’s funny is that when they did the initial announcement of a bridge, they had no business plan in place — not one.
They ignored what the regional governments, the regional mayors, wanted, which was the tunnel. That’s what the local governments who actually have to deal with transportation on a day-to-day basis want in place.
Interjections.
Mr. Speaker : Let’s hear the answer, please.
Hon. M. Farnworth: They wanted the tunnel.
Interjections.
Mr. Speaker: Order.
Hon. M. Farnworth: It’s also interesting that when the Port Mann Bridge was put in place, they tolled that bridge — that wasn’t part of the deal — and they were looking at having tolls on the bridge over the Fraser River.
Interjections.
Mr. Speaker: Members.
Hon. M. Farnworth: On the Massey replacement, they wanted tolls.
I’ll tell you what, hon. Speaker. We’ve got tunnel vision that a tunnel is the right thing to do. One thing that we don’t have that they had is toll vision.
I can tell you this. We have been working with local government. We’ve been working with the port authority. We know that a tunnel is the right approach. That’s what we’re building. That’s what we’re going to do. The residents of Metro are right behind us, and we’re going to get it done, unlike them.
GOVERNMENT RESPONSE TO
FREEDOM-OF-INFORMATION REQUESTS
ON COVID-19
B. Banman: We’ve heard today about the extraordinary efforts that this government is going to, to provide FOIs. Let’s review some of those extraordinary efforts, shall we?
It’s extraordinary — the burying of long-term care reports, hiding data on hospitals, hiding critical information from parents and blacking out of reports. The Premier’s list keeps growing.
What’s extraordinary is how disturbing this trend is. In February, the editor of the Fraser Valley Current submitted an FOI. The request was for emails between the Premier, the Minister of Health, Dr. Henry and her staff about COVID-19 situation reports.
The Premier took well past the legislated deadline. His staff said that they were actively gathering the documents but delivered nothing months later. The editor has this to say: “When a government breaks the law and doesn’t start searching for records….”
Interjections.
Mr. Speaker: Members. Order.
I think I’m going to try….
Interjections.
Mr. Speaker: Members. If members don’t….
Carry on.
B. Banman: Excuse me, Mr. Speaker, but apparently the side opposition did not hear that this was a quote from the editor. So I’ll do it again. “When a government breaks the law and doesn’t start searching for records until months after a request is made…”
Interjections.
Mr. Speaker: Members.
Continue.
B. Banman: “…it’s inevitably more likely those records have gotten lost.”
My question: how does the Premier expect us, British Columbians or the press, to believe that during a pandemic, his office had zero records about COVID?
Hon. A. Dix: The Premier, the public, British Columbians, health care workers — everyone has lots of information about COVID-19. They have it, because we provide it every day. We provide it every day.
Interjections.
Mr. Speaker: Let’s hear the answer, please.
Interjections.
Mr. Speaker: Members.
Hon. A. Dix: It’s available on the COVID dashboard. From the beginning, from March 2020, we’ve provided public information through public briefings on public dashboards. We’ve responded to thousands, even tens of thousands, of media requests. We’ve provided detailed information, sometimes general response links to everyone, and sometimes à la carte to everyone in the population.
There is massive response in terms of information on COVID-19. The result of that has been the actions of British Columbians, who have worked together in difficult times to help one another. I’m very proud of the government’s response. I’m very proud of British Columbians’ response to COVID-19.
I will continue to act as we’ve acted, continue to work with everybody in this Legislature, continue to provide information to everyone, including, I say with great respect, the member for Cariboo North — I am absolutely committed to providing every piece of information about her riding that she requires to do her job — and everyone else in this House. That’s been my approach from the beginning of the pandemic.
I want to say this. I think all members of this House have shown themselves in good light here. We have repeatedly provided, in advance, confidential briefings to the opposition. They have never been leaked, because the opposition has acted in those matters honourably. I am proud of that. I’m proud of how we’ve all acted in this House, and I will continue to act that way.
[End of question period.]
Orders of the Day
Hon. M. Farnworth: I call second reading, private member’s bill Pr401, United Church of Canada Amendment Act.
Second Reading of Bills
BILL PR401 — UNITED CHURCH OF
CANADA AMENDMENT ACT, 2021
K. Paddon: I move that Bill Pr401 intituled United Church of Canada Amendment Act, 2021, now be read a second time.
The United Church of Canada was formed officially on June 10, 1925, pursuant to the United Church of Canada Act. This federal act incorporated three religious bodies: the Methodist, Presbyterian and Congregational churches of Canada. Today the United Church of Canada is the largest Protestant denomination in Canada, with over two million people, including members across our beautiful province.
In addition to the federal legislation, provincial legislation was adopted in all of the then provinces in Canada. In 2015, the UCC’s 42nd general council adopted a motion to initiate a consultation process with the congregations across Canada, discussing restructuring. The question at issue was restructuring the national church from a four-court structure to a three-council structure.
The four-court configuration is made up of pastoral charges, presbyteries, conferences and the general council, and contains checks and balances that were important to the union in 1924. The three-council structure being proposed in this amendment places more decision-making with the local ministry and provides support and oversight through a regional body that is larger than the current-model presbytery. The result is a three-council model that is more agile and transparent in providing clear, accountable decision-making processes.
The resulting restructuring was confirmed by the UCC’s 43rd general council on July 22, 2018. This restructuring requires the legislation itself to be amended, with the consent of the Legislative Assembly. The amendment was sought and obtained to the federal act in 2019. Amendments to the provincial acts have also been being sought, including Ontario, Manitoba, Nova Scotia and Prince Edward Island, where amending legislation has been passed to reflect the restructuring.
The names and territorial areas of overseeing bodies have changed, but the process and the inherent underlying rights have not. Specifically, this United Church of Canada Amendment Act, 2021, amends the definition section to reflect the new names of the UCC’s courts pursuant to the restructuring and to alphabetize the definitions section, and amendments to the trust and model deed to reflect the change in overseeing body. The original acts are nearly a century old, and to preserve the integrity of those acts, the proposed amendments modify only the bare minimum required to effect the change in the governance structure of the UCC.
In 2018, Rev. Brian Cornelius of the First United Church, United Church of Canada, spoke to the Senate of Canada on the amendments to the federal United Church of Canada Act. In his remarks, he stated: “It is important to note that the United Church is a democratic church. The church embodies democratic principles in its governance, including mechanisms to change the church.”
The amendments put forth in this bill, Pr401, United Church of Canada Amendment Act, 2021, reflect the democratic spirit and process that has been present since the union that formed this church. I hope this House will join me in supporting it. It has been a privilege to sponsor this bill and a pleasure to work with representatives of the United Church of Canada in bringing this forward. I look forward to next steps.
A. Wilkinson: The United Church of Canada has been developing over a period of centuries. The first efforts to bring together congregations began in 1749, nine years before the Battle of the Plains of Abraham, so we can see that this has been a long-term process.
The most recent gathering of congregations of note was in 1925, when the Methodist Church of Canada, the Congregational Union of Canada and the majority of the Presbyterian Church of Canada formed the United Church of Canada, but the evolution has continued.
There were further mergers in 1930, when the synod of the Wesleyan Methodist Church joined, and in 1968, there was a further merger. This is part of an ongoing process as the development of this institution continues, and now we’re at a turning point where the governance structure is being reformed, and all legislatures in Canada are involved so that this institution can continue to develop and perhaps continue with further mergers as time goes by.
We welcome this development, as the opposition. We support this bill. We’re glad to see that the United Church of Canada will continue to evolve and develop, and we’re happy to participate in that process.
Mr. Speaker: Members, the question is second reading of the bill.
Motion approved.
K. Paddon: By leave, I move that the bill be committed to Committee of the Whole House for consideration forthwith.
Leave granted.
Bill Pr401, United Church of Canada Amendment Act, 2021, read a second time and referred to a Committee of the Whole House for consideration forthwith.
Committee of the Whole House
BILL PR401 — UNITED CHURCH OF
CANADA AMENDMENT ACT, 2021
The House in Committee of the Whole on Bill Pr401; S. Chandra Herbert in the chair.
The committee met at 11:03 a.m.
Clauses 1 to 9 inclusive approved.
Preamble approved.
Title approved.
K. Paddon: I move that the committee rise and report the bill complete without amendment.
Motion approved.
The committee rose at 11:04 a.m.
The House resumed; Mr. Speaker in the chair.
Report and
Third Reading of Bills
BILL PR401 — UNITED CHURCH OF
CANADA AMENDMENT ACT, 2021
Bill Pr401, United Church of Canada Amendment Act, 2021, reported complete without amendment, read a third time and passed.
Hon. M. Farnworth: I call continued second reading of Bill 21.
Second Reading of Bills
BILL 21 — MISCELLANEOUS STATUTES
AMENDMENT ACT (No. 2), 2021
(continued)
Mr. Speaker: Do either of you want to do it?
Member for Peace River South.
M. Bernier: I do appreciate the fact that we found humour in the situation of me getting up. But unfortunately, one of the situations, when we’re talking about Bill 21, the Miscellaneous Statutes Amendment Act…. I was going to let the minister know that I was going designate myself as designated speaker, because we have lots to continue to say. But as I said last night, a lot of that important information can be brought up at committee stage.
[S. Chandra Herbert in the chair.]
I felt it was important, though, that we just spoke at second reading, after our colleague from Abbotsford West, who did a good job highlighting some of the areas where we would have questions in committee stage.
I think it was important to highlight — especially after some members on the government side stood up and tried to say the reason why we weren’t speaking was because we were hiding from important issues that were in this document — that this, unfortunately for their comments, is completely inaccurate, which is why I took the opportunity to stand up to correct the record. There are some areas in here that warrant some thorough discussion, that warrant some questions and thorough comments from the minister when we get to that point in committee stage.
I’m looking forward to this bill getting to committee stage, as we know there are a couple of different sections, different ministries, different critics that will probably be getting the opportunity to get up under the lead of our member for Abbotsford West, who, as always, does a superb job making sure that these issues are canvassed appropriately on behalf of the people in British Columbia and on behalf of the opposition.
So with that, I look forward to committee stage.
Hon. D. Eby: Thank you to all the members who spoke to the bill. I’ll just spend a few moments in reflection on some of what I heard before calling second reading.
In particular, I’m troubled…. There were multiple speeches and public statements by the opposition that the content of this bill is not important and that we wasted time having members speak to it. Now I heard the member for Peace River South raise this issue again in his speech, saying that no, that was — what were his words? — “completely inaccurate,” and that this is, in fact, an important bill.
I’d like to go briefly through some of the concern that I have about the content of the debate related to the bill and the importance of the bill. Now, the Minister of Jobs commented on his concern, in his second reading speech. I have to agree with him entirely when he said that to criticize people for speaking to the bill because the opposition doesn’t think it’s important…. “Well, perhaps the opposition needs to connect with people whose lived lives are affected by this stuff every single day. Then they’ll realize how important this is.”
Now, I thought it was pretty clear. I have to admit I’m a bit surprised by the member for Peace River South’s comments. I thought it was pretty clear that the B.C. Liberal opposition was taking the position that the bill wasn’t important and that we were wasting time having people speak to the bill — that they were saying the bill was not of any substance, that it was part of a larger issue of no legislative agenda, that it was equivalent to having no bill to debate, that it was a gross waste of time.
But then the member from the Peace stood up and said: “No, no, no. That’s not true. You’re characterizing us inaccurately.” He said: “But to be characterized by some on that side that the reason why we weren’t speaking is because there was nothing important in here is absolutely not factual…. At no time…were we saying that these things were not serious.”
I think I should set the record straight about what they actually said. The member for Surrey South said in her speech that in her opinion, this bill was not worth debating. “We are here, trying to find something to say about a miscellaneous statutes bill that nobody has any issue on, because government has not bothered to introduce legislation of any substance for us to debate. That says something.” She said this legislation was not of any substance, that members, as a result, shouldn’t be wasting their time speaking to it.
She wasn’t alone. The member for Surrey–White Rock wrote on social media about the bill. “Another day with the Premier and his government in Victoria trying to fill the day with virtually no legislative agenda.” The member for Shuswap wrote on social media, calling second reading debate on this bill “a gross waste of time that otherwise could have been put to a useful purpose.”
Even the member for Peace himself, about this bill and the debate, wrote on social media that the bill…. The very same bill that he said in his speech was serious and important, he said on social media was a sham. “We fly all the way to Victoria to, hopefully, debate the serious issues facing people in B.C., but instead, the NDP have no bills to debate…. A bit of a sham when government is not prepared or taking the issues seriously.” Now, I’ll leave it to that member to try to explain why he says one thing in this House and one thing on social media. That’s for him to explain.
Let’s get some perspective here on the so-called gross waste of time that this bill is. We started second reading of this bill at 4:10 p.m. We wrapped it at 6:30. We went over it for a couple more minutes from the member from Peace today. Two hours and 20 minutes we spent on this bill, 140 minutes of total second reading debate. It was a “gross waste of time.”
One piece of this bill, regulating amusement devices…. This comes out of tragedy in our province. A man jumped headfirst into a trampoline pit with his two kids, and he died. He broke his neck and was unable to breathe, and he died in front of his children.
A Victoria woman, Sylvie Gilbert…. Her eight-year-old daughter, Chelsea, was injured in a foam pit at a B.C. trampoline park last April. She had a broken back. As she learned more about these parks and that they weren’t regulated, she said: “You don’t need to have professional experience working at these places or even to own a place like this. I just hope that this is going to push…government to start to regulate these places, because they are very dangerous.”
Families destroyed. This bill will regulate those places. To the members on the other side, a gross waste of time, not worth two hours and 20 minutes of debate. Unacceptable.
Let me tell you about Jason Greenwood, 46 years old. He died after doing a front flip into a foam pit at an extreme air park in Richmond. You heard the member from Richmond talk about his constituents affected by this. He had asked his family to take a video of the somersault, the report said, but didn’t resurface after the jump. He was a stepfather to three children. The coroner’s inquest found he landed headfirst after bouncing off a trampoline into the foam pit. It took firefighters 20 minutes to get him out.
Another piece of this bill. This assembly put together a committee to study the Representative for Children and Youth Act. They heard from two former Representatives for Children and Youth and the current Representative for Children and Youth, worked together over more than a year to assemble recommendations for parliament to consider to implement. They heard 16 submissions from public organizations interested in the situation faced by children in care and how we can improve their situation through a representative that’s effective to advocate for them when government doesn’t work as we intend it to.
The work of that committee over a year, the witness submissions, the efforts made by both sides of this House, all sides of this House, on that…. “A gross waste of time” and “a bit of a sham,” to spend two hours and 20 minutes debating it.
Now, I do want to make an exception. There was a member of the opposition who took this bill seriously and whose second reading debate not only contributed to understanding of the specific bill but the broader context of what a miscellaneous statute is and how it works. That’s the member for Abbotsford West. This is the one thing in the speech — the member for the Peace — that he and I agree on.
The member for Abbotsford West said: “It’s called a miscellaneous statutes amendment bill, which doesn’t mean the matters being dealt with in its provisions aren’t significant and aren’t important. It does refer to the fact that rather than being an entire bill focusing on one area of public policy, in this case, there are six parts dealing with a range of public policy areas.”
That is part of our job in this place. It’s to educate the public about what we do here. You can agree or disagree with the substance. “I think that government’s engaging in red tape by regulating trampoline parks.” “People should be able to decide for themselves whether or not they go in.” That is debate that should be had in this House, potentially.
But the suggestion that this is meaningless, that this is a sham, that it’s a waste of time, degrades this place, degrades every member in this place, degrades the public servants who put this work together, degrades the committee that went out and did the work and heard from witnesses and made recommendations to us. It does us all a disservice. It is part of an erosion of democracy that is unacceptable, and I regret very much that the opposition is participating in that.
I think it’s worthwhile that we spent two hours and 20 minutes on this. I think we could have easily spent more, and perhaps we will in committee stage.
With that, I move second reading.
Motion approved.
Hon. D. Eby: I move the bill be moved to committee at the next sitting of the House after today.
Bill 21, Miscellaneous Statutes Amendment Act (No. 2), 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, Bill 22.
BILL 22 — FREEDOM OF INFORMATION AND
PROTECTION OF
PRIVACY
AMENDMENT ACT, 2021
Hon. L. Beare: I move that Bill 22 be read a second time now.
The Freedom of Information and Protection of Privacy Amendment Act, 2021, strengthens privacy protection and modernizes how B.C. manages information to better serve people and organizations. The demand for safe, convenient online services has only increased over the pandemic, and these proposed amendments will help us meet our province’s evolving needs. We are proposing updates to keep pace with advancements in technology and to provide the level of service that people expect in the digital era. These amendments will update access to information rules to ensure greater accountability and transparency.
Along with other things, these proposed amendments will make changes to provide the level of service that people expect, to keep pace with new technology, to enhance privacy protection and strengthen government accountability and transparency. For example, amendments will update FOIPPA’s data residency provisions so public bodies can use modern tools while continuing to protect the personal information that people trust us with. These changes will bring B.C. in line with the rest of Canada, who have been managing information safely without similar restrictions.
When talking to public bodies earlier this year, we heard many examples where this restriction was impacting their ability to provide high-quality services to their clients. For example, the B.C. post-secondary sector are looking for greater access to cloud-based services to improve their ability to attract students by allowing them to use many of the education tools their competitors can offer outside of British Columbia.
We also have proposed a number of amendments that demonstrate the province’s commitment to diversity, inclusion, reconciliation and equity. We’ve heard from our Indigenous partners that there are opportunities to strengthen protections for information that’s important to Indigenous people. Consistent with DRIPA, we will enhance the current protections on information related to Indigenous cultural heritage, traditional knowledge and traditional cultural expressions, and the manifestations of Indigenous sciences, technologies and cultures.
We need to make these changes to balance the service we want to deliver with our leadership role in safeguarding information. This legislation has not been updated since 2011, and the time is now to make changes that will better support the people of B.C.
I am pleased to provide this bill for the Legislative Assembly’s consideration, and I look forward to explaining the specifics of the bill during committee stage debate.
B. Banman: Allow me to respond to this particular bill. I’d like to thank the minister for bringing it up for debate. It is an honour, as the critic for Citizens’ Services, to discuss this bill in this House today.
This bill is being tabled at a concerning time in our province’s history. We are dealing with a government that has already taken great strides to strip away transparency and accountability rather than improve it.
British Columbians, the media and members of the opposition are currently waiting months, sometimes even years, for documents requested through freedom of information. Let’s not forget when the government wrote themselves a blank cheque in their supply bill from last spring, with no accountability on how the money was to be spent. And over the last 20 months, we have seen government keep vital COVID data from the public throughout the pandemic, much to their concern and dismay.
At a time when British Columbians are looking for greater access to information, and they are looking for more transparency, this government has chosen to table a bill that strips away that even more.
There are so many issues to discuss with this bill, but we would also have talk about the misuse of the House’s time. We just heard, a moment ago, some rather interesting words from the government. This is an egregious use of the parliament. This government knows full well what it’s doing. This government has completely ignored the advice of the last all-party task force, which said fees should not be a barrier. The current all-party legislation committee was constituted in June to make recommendations, but it, as of yet, has not even begun its work.
During the drafting of this bill, the Privacy Commissioner opposed the new fees and other elements of this bill, but this government has flatly ignored his concerns. He calls this bill “a step in the wrong direction.” Now this government is trying to ram this bill through, devoid of any informed public debate.
This bill does not include provisions to prevent documents from being destroyed prior to FOI requests. That’s worth repeating. This bill does not include provisions to prevent documents from being destroyed prior to FOI requests. This was a request outlined by the OIPC office that has not been addressed in this legislation, leaving a significant gap in the protection of documents that the public has a right to have access to.
“If someone destroys records because they think they might be of interest but wants to destroy them before any request is made, there’s no offence for that. That cannot be right, and it needs to change. It is an offence in Alberta, and it could have easily been put in place here.” That’s from Michael McEvoy, the Information and Privacy Commissioner.
Data provisions and transparency. We are talking about British Columbians’ personal, private information but also their access to vital government information that they have an inherent right to, yet this bill leaves far too many provisions to be sorted out after the legislation has been pushed through this House. When discussing people’s personal data, the debates and organization over data provisions should take place here in this House, right here amongst us all, not behind closed doors. When you do it behind closed doors, it does not give British Columbians the openness and transparency that they deserve and were promised by this government.
Data storage in other jurisdictions. The government has also stated that they will be using this bill to update data resiliency provisions to allow modern tools. Well, what exactly is that? Data storage will now take place in other jurisdictions outside of British Columbia and even Canada. We are now talking about the digitization of data and cloud storage — which, we know from history, is not impervious to data breaches.
How can we ensure that data protection and privacy in other jurisdictions are going to be maintained? Furthermore, in what jurisdictions does this government allow the storage of B.C. data? Where will this data be stored? There may be a significant security difference if it is stored in the United States, versus outside of North America. British Columbians deserve to know exactly how their personal data and vital government information will be stored abroad, in foreign nations.
One of the most concerning parts about this bill is this government’s plan to add an application fee to every single FOI — a toll. This will mean that anyone filing a freedom-of-information request for non-personal reasons will be subject to a charge for each request they make. We have already heard from the press, loud and clear, on their thoughts on that, within a very short period of time. The minister is trying to sell this as a nominal fee to recoup costs associated with filing these requests. It is all too clear, however, that this is really nothing of the sort.
Not only does she misunderstand the process of FOIs, but it is incredibly disingenuous to say this fee will not be a barrier to people seeking to acquire the information they have the right to access — $5 on the low end and as high as $50 on the high end. That’s yet to be determined, but let’s go with $5. When you have to add up and ask for the same piece of information across ministries, across health authorities or school districts, yet the general consensus is that this government is looking to charge $25…. That adds up.
That’s 400 percent more than the fees in Ontario, charged federally. It adds up. It becomes a barrier to accessing freedom of information. Sometimes the press has that ability to take a look at what government is doing and bring to light things that only they can express, in a manner that they are sometimes that third voice that needs to be heard. By adding these unnecessary fees, the press will now have increased difficulty to be able to do so.
And it’s not just the press. I have heard talk about frivolous requests for freedom of information. Frivolous according to whom? Is it frivolous for the press? Is it frivolous to various groups, such as environmental groups, such as…? Is it frivolous to unions? Is it frivolous to Indigenous groups? Is it frivolous to concerned citizens who feel they have a duty to watch what government is doing? Frivolous is in the eye of the beholder.
Now, unless it’s personal, this potentially could add up to thousands of dollars for proper freedom of information requests. This is not just an annoyance or a measure designed to limit what the government sees as frivolous requests. It’s downright prohibitive — blocking people from vital information about their own government, about information, through taxes they’ve already paid for and have a right to access.
This fee is a targeted effort to discourage people from being able to hold government accountable, be it private citizens, the media and yes, us, the opposition. It’s what one member of this House would describe as a tollgate on its citizens’ right to access. That comes from Murray Rankin, from the parliament, December 15, 2017.
Deputy Speaker: No names, Member. Thank you.
B. Banman: I apologize.
And that’s part of the issue. It’s a citizen’s right to access this information, yet this government thinks it’s okay to limit that simply because they find it too much work or too much of a political risk to allow members of the public to access that information.
This is contrary to the nature, to the hallmarks and the goal of a democratic society. It stands in direct opposition to this government’s attempt to paint themselves as transparent, which — as we’ve seen far too many times throughout the course of the pandemic — certainly is not the case. We heard that today — about information that had been blocked, about dual records with regards to COVID, about information that parents wanted with regards for their children and whether it was safe for them to go to school.
The changes in this bill will make it easier for government to hide information from citizens. That’s shameful. Something that should be worrying to everyone in this House. It certainly was for the members opposite when they were in opposition.
To quote the Premier himself: “I think all British Columbians should be concerned when their government hides things from them. The whole point of having access to information is so we can all make reasonable judgments about the effectiveness or ineffectiveness of our political leadership.” That was in the Times Colonist, April 30, 2015, from our own Premier. But I guess this government lacks confidence in their own performance to such a degree that they are afraid and frightened to give citizens the ability to make reasonable judgments about their own leadership.
This bill, as it stands, is a mistake. It tramples on and squashes a citizen’s right to access information about their own government. It puts up new, unreasonable barriers to transparency when, in fact, we should be tearing them down. It is the clearest manifestation of hypocrisy that I have seen in a long time.
Even before we began the debate of this bill, we have seen an immense public backlash over its provisions. In 2016, an all-party committee on reviewing B.C.’s FOIPPA legislation recommended: “Review the schedule of fees with a view to ensuring that fees are not a barrier to individuals’ right of access.” Reviewing the schedule of fees with a view to ensuring that fees are not a barrier to individual access. To quote a few, our own Information and Privacy Commissioner stated: “I am concerned about that because any time a fee structure is put in place, it acts as a barrier and a deterrent to people making access requests.”
The B.C. Freedom of Information and Privacy Association has called this “a sad day for transparency and accountability in British Columbia.”
The Premier keeps dismissing questions from the opposition and other groups about his government withholding critical data related to the management of COVID-19. We now know that there have been two sets of data: one for them and one for the rest of us.
I’ll give you an example. Last month, the government finally admitted that it has been keeping two sets of numbers on how many COVID patients are in hospital. Again, there’s one for the public, and then there’s the real number that is 46 percent higher. That’s not just a small difference. That’s a massive difference — 46 percent inaccurate between the two numbers.
So it boggles the mind as to why this Premier and government refuse to provide the true hospitalization and ICU numbers despite promising to do so a month ago. We can’t continue to have a government that plays around with important numbers like these. We just can’t. And then just promise, “Oh, we’ll do better,” when they’re exposed.
But what we’re seeing isn’t any better. Attempts to learn about COVID-19 outbreaks in hospitals through freedom of information have also been stonewalled, and we know that Fraser Health blacked out 55 of 79 pages of documentation that were finally provided after months of delay.
We’re not the only ones concerned about this. The B.C. Freedom of Information and Privacy Association has been quoted as saying: “Trying to hide behind redacted documents and not getting the information out there as quickly as possible can erode trust in public institutions.”
We are at a time when public distrust of its government, of its public institutions, is at an all-time high. This bill only adds to that suspicion and frustration by denying access to their freedom-of-information requests.
I will also add that it shouldn’t take a freedom-of-information request for British Columbians to find out important, vital, potentially life-saving decisions and information about COVID-19. When we talk about this government hiding the truth from British Columbians, you can add schools to the top of that list, where information has been far from readily available. I can think of nothing more precious than the safety of our children. I have heard government members talk about the safety of their children many, many times. Yet when it comes to this bill, it’s do as we say, not as we do.
I’ll remind the House that this Premier started the school year by hiding details on outbreaks in schools from parents. He said that he didn’t want to stress them out. He didn’t want to stress them out? How about saving lives? How about protecting the most valuable thing that we have, which is our children? That comes far, far ahead of whether you’re stressing someone out.
So what did it do? It forced parents to crowdsource work and put in their own time, in case they weren’t busy enough already, to find out if there were cases in their child’s school, to find out whether or not their children were going to become infected with COVID and bring it home to their grandparents, who may be frail and elderly. It got in the way of families being able to protect their loved ones.
Well, I’ll tell you. We continue to hear from worried parents across British Columbia, and that cry is growing louder. When you hide information from them, they become more suspicious, and they start to distrust even more. It’s a breakdown. They’re still wondering whether or not their child’s school has a safe ventilation system, yet they continue to be held in the dark. It should be already out there. There should be no secrecy when it comes to things like this. There is no reason for it that is valid or reasonable at all.
Here on the opposition side, we’re also in the dark. For months, we’ve been asking this Premier and his government to tell us which ventilation projects are complete and which ones are scheduled. We’ve asked whether parents can be provided this information in one central, easy, accessible application. It should be simply there at parents’ fingertips.
We want to know when the government will be able to ensure that children have fresh air in the classroom, but we’re getting absolutely nowhere with our many requests. Parents are left to continue to stress and worry about their children’s and family’s health.
Another area of concern we have, and we heard about it today, is when it comes to concealing the information that has to do with a project of extreme importance to motorists south of the Fraser. That is the replacement of the aging Massey Tunnel. This government has squashed a plan for a ten-lane bridge, which would have been built by next year, to replace it with — wait for it — an eight-lane tunnel. It may not be tolled, but it’s definitely paying more for less.
Interjection.
B. Banman: If that’s what you want to stake your pride on, you go ahead with that. I would be ashamed that motorists are going to have to sit in lineups, but that’s all right.
So where’s the information to justify this decision that means taxpayers will pay more and get less? Where’s the information for the press to look at? Where’s the information for the opposition to look at? Where’s the information so that motorists can read it when they’re blocked, going nowhere?
Interjection.
B. Banman: Well, the full Massey Tunnel report isn’t being released. British Columbians are getting dribs and drabs of information, instead of the whole story, once again. The people want to know why not a bridge, and why a tunnel? Where’s the risk analysis? Where’s the full value-for-money analysis? How much extra is it actually going to cost to hire the Premier’s political friends to build it? Will this project stand any chance of getting through a federal environmental assessment process?
These are valid questions that, so far, have not been answered through freedom-of-information requests. When they do get it, it’s blacked out, unavailable, not for public consumption. It leads one to believe that the Premier might be ashamed of his decision, and he’s playing politics and withholding information just so he won’t have to face the heat. Meanwhile, as he continues to play politics, drivers sit, drivers wait. Drivers are frustrated whether they’ll actually get to work that day.
The public are the biggest losers in this situation. The public will continue to be stuck in traffic for up to another decade, missing medical appointments, missing the ferry, getting their kids to soccer practice late, not getting the goods to where they need to be and impacting people’s lives and our economy for years and years to come.
We see evidence that the Premier has a total disregard for the independent Office of the Information and Privacy Commissioner. Earlier this year we saw him ignore the commissioner when it came to making a half-billion-dollar InBC investment fund, which should have been transparent under the FOI legislation, but it is not. We now have learned that when it comes to something as basic and fundamental as protecting a freedom-of-information system, the Premier has blatantly ignored the commissioner and his office as well.
The Office of the Information and Privacy Commissioner says the Premier is going “in the wrong direction.” It’s particularly interesting because he’s talking about a premier who would often go on, at length, about the importance of freedom of information. The Premier has been quoted as saying things like: “I think all British Columbians should be concerned when their government hides things from them. The whole point of having access to information is so we can all make judgments about the effectiveness or ineffectiveness of our political leadership.”
I said it before, but it’s worth repeating. It’s important. These are the very words out of our Premier’s mouth. While he seems to have changed his tune of late, it remains to be seen whether the Premier will start listening to the Office of the Information and Privacy Commissioner or continue down this dark path of obstruction and confusion with his own government.
Burying long-term care reports, concealing data on hospitals, not being completely open and honest with parents and redacting reports…. The examples of information being hidden and not openly shared are growing. In fact, a reporter in my own neck of the woods, after months, has received nothing when it comes to something as simple as COVID cases from this government. It has said that there are no reports to give. I find that hard to believe — that there are no reports about COVID that have gone between the Premier, the Health Minister or the provincial health officer and staff.
In February, that was done. The editor of the Fraser Valley Current submitted that FOI request for emails and has received nothing. The Premier not only took well past the legislated deadline, but they found nada, nothing.
It’s just not believable. It erodes that trust. This is why freedom of information is so important. It’s about public trust; it’s about transparency. These are not words that we just talk about. They’re the ideals of democracy that need to be understood and fulfilled.
This bill shows the Premier’s out-and-out contempt for the FOI process. We can do better than this. We need to debate this better, we need to talk to the Office of the Information and Privacy Commissioner, and we need to take time to properly go through this, not ramrod it through just because we have the time.
Yes, I’m watching the clock, Mr. Speaker.
With that, I will leave this to some of my other colleagues.
Deputy Speaker: Member for Vancouver–False Creek, we’ve got a little bit of time.
B. Bailey: I rise to speak to Bill 22, Freedom of Information and Protection of Privacy Amendment Act, 2021. There are four areas of focus in this bill. The first is updating data residency provisions so that public bodies can use modern tools while continuing to protect the personal information that people entrust to us. I specifically want to speak to that piece and talk a little bit about why it’s important. Why is that so, I would argue, integral?
Well, this change brings British Columbia in line with other jurisdictions. In fact, we’ve been lagging behind. Businesses, universities, health authorities have repeatedly told us that our data residency rules were outdated and stopped them from being competitive and responsive to the needs of people.
We’ve listened. B.C. fell behind, and this legislation is bringing us in line with the rest of Canada and ensures that we’re managing people’s information safely while delivering the tools and service they need. That is where the rub lies, because we have the dual obligation of keeping people’s information safe and also ensuring that people can do what they need to do, that our economy can function well, that our tech sector can do the work that it needs to do. This legislation provides that protection.
I’ll share very quickly just an anecdotal story of my own experience when previously I worked in the tech sector. We were doing some really fantastic training with elementary school students, teaching coding, inviting them to create their own video games, engaging them so that a future in the tech sector could be something they could think about. The challenge we had was that even to use these simple, very, very high-quality educational tools in school, we had to find a way to have data residency in British Columbia.
Now, that might sound like a small thing; it’s not. Most of our data…. Most people, I would argue, most organizations, store data with the large players — people like Amazon Web Services, Microsoft, others. To need to find a small, local provider changes the expense that you need to commit to working with students, and it can deter people from choosing that option. It’s so important. We have to expose kids to the opportunities and technology, to learn how to code. It’s like learning a language now. It’s so imperative.
The additional cost is a deterrent, but also, let’s ask the question: does it provide what we hope it provides? Does choosing to work with a small provider in British Columbia to store your data provide the level of safety that we’re looking for and that has driven us to ask that? I don’t think that’s the case. When you consider the tremendous wealth and capacity that these large data organizations have to work on the protection of data, it’s so much more significant than the small data storage organizations can possibly spend on protecting themselves from cyberattacks. In fact, I would argue that large data storage might be significantly safer.
Thinking beyond also just the question of working with schools and working with kids on the example I gave, we have tremendous opportunities to digitize our economy, our health care sector, education and beyond. When you think about the importance that we’ve seen of telehealth during the pandemic and the opportunities that exist for us to provide really innovative solutions for people at home, for them to get the support that they need and to connect with a doctor and to be able to access records and to….
Well, I’ll give you an example. There’s a wonderful organization in Denmark that when a woman leaves the hospital, having just given birth, she’s sent home with kind of a small suitcase. What’s contained in it is a screen that flips up, and it provides a connection for her to a perinatal nurse. Sweden is not dissimilar to Canada in that they have quite a distributed network of towns that aren’t close to big cities, and they have extremely high-quality care provided to that woman at home, even though she doesn’t see the nurse in her home through this amazing telehealth solution.
There are many examples from the health care sector and many examples in education. When you think about it, our restrictions were so strict that we couldn’t have allowed teachers to use Zoom, for example. Now, that’s very restrictive. So the exception that was made in order for us to do what we needed to do during the pandemic has actually, in fact, shown us that these solutions work very well, and to make those changes permanent is something that I most welcome.
But let’s not just take my word for it. What does the tech sector think? I’ve got a couple of quotes I’ll share. “This is a positive development from government that B.C.’s tech industry welcomes,” says Jill Tipping, who’s the president and CEO of the B.C. Tech Association. “The changes to B.C.’s data residency requirements will allow local companies to leverage cutting-edge technology to help B.C.’s public sector deliver the modern tools that citizens expect with the privacy protections they need.”
UBC welcomes these proposed amendments. They will substantially increase the privacy and security of personal data with more robust and resilient services by allowing us to select the most secure and effective solutions.
[Mr. Speaker in the chair.]
This is a bill that is important to the tech sector, important to British Columbians, and I’m very happy to speak in favour of it. I now move that we adjourn debate.
B. Bailey moved adjournment of debate.
Motion approved.
Hon. S. Robinson moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 p.m. today.
The House adjourned at 11:58 a.m.