Second Session, 42nd Parliament (2021)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Thursday, October 28, 2021

Morning Sitting

Issue No. 118

ISSN 1499-2175

The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.


CONTENTS

Routine Business

Introductions by Members

Introduction and First Reading of Bills

S. Furstenau

Statements (Standing Order 25B)

M. Morris

M. Starchuk

D. Davies

H. Sandhu

S. Furstenau

P. Alexis

Oral Questions

S. Bond

Hon. A. Dix

K. Kirkpatrick

A. Olsen

Hon. A. Dix

D. Davies

Hon. R. Kahlon

T. Stone

B. Banman

Hon. L. Beare

P. Milobar

Hon. M. Farnworth

Orders of the Day

Committee of the Whole House

M. de Jong

Hon. L. Beare


THURSDAY, OCTOBER 28, 2021

The House met at 10:04 a.m.

[Mr. Speaker in the chair.]

Routine Business

Prayers and reflections: D. Coulter.

[10:05 a.m.]

Introductions by Members

Hon. M. Mark: Joining us in the House today is Kenton Duncan. Kenton just joined my ministerial team as my new executive assistant. He is young, bright and incredibly talented, a graduate from the prestigious entrepreneurship program at BCIT. He brings the perfect combination of compassion, discipline and creativity to the team.

A Vancouver Island surfer boy, Kenton made positive contributions to my MLA office as my constituency assistant over the past year, and I’m thrilled for this new chapter in his career.

Would the House please join me in welcoming Kenton to the Legislative Assembly.

R. Leonard: I’d like the House to welcome Mike Laatsch and Silke Pfeifer. They’re visiting from the rural area of my constituency. It’s wonderful to have people coming in and expressing an interest and a desire to get to know this place better.

Please join me in welcoming them.

M. Dykeman: They say that you can pick your friends but not your family. Well, I have to say that I disagree with that.

I’d like to take this opportunity to introduce and wish a very happy birthday to a friend of mine that I have known since she was in high school and has been in my life and instrumental in my children’s lives as a friend, a personal assistant and confidante and has been there through all of my children growing up and actually had planned on being here today for her birthday but is at home helping me so that I can be here today.

I was wondering if the House could please give very warm wishes for a happy birthday to my friend and family member, Cassandra McMaster.

Hon. K. Chen: Thank you, hon. Speaker, for allowing me to do an introduction. I promise I’ll behave today.

The person I’m introducing actually loves to say, “Order, order,” every time he sees the Speaker. That’s my seven-year-old son, Yoann, who is in the gallery joining us here today. I’m pretty grateful that he’s accompanied by one of his favourites, Auntie Amber, also Sherry from our child care team.

I really want to take this opportunity to thank all the colleagues and members in the House for always being so welcoming and kind to Yoann, who spent a lot of his early years in this building since I got elected.

I also want to take this opportunity to really thank Yoann for being such a courageous, strong, loving and kind boy who is always there, motivating me to do this job well and to do my best and to do better every single day.

Mommy loves you so much, Yoann. Thank you for being on this journey with me.

S. Furstenau: I have a couple of introductions to make. First of all, Jessica Singh took me up on the invitation that I often make when I speak to groups of younger people, especially, to come and spend the day with me here in the Legislature. I’m so delighted that she’s come. I think we are already fast friends.

Jessica grew up in Victoria, studied at UVic, has a master’s in political science, is working with the Ministry of Social Development and Poverty Reduction as a policy analyst and really believes — and I share this with her — that we always have to dream that we can make change in the world.

Secondly, I have a group, a formidable team of young Greens here. Ryan Clayton, Christina Winter, Bob Warwick and Kalea Kray-Domingo are all in the gallery today. They are extraordinarily hard-working and wonderful. What I like is how well they work together with each other. They really show us the power of collaboration. They have helped us work on a bill that I will be introducing shortly, and I’m very grateful that they’re here for that.

One last…. He’s not in the building, but he’s on his way. He has arrived recently. Christina Winter recently gave birth to her son, Rowan Winter. We’re so delighted.

Congratulations, Christina.

[10:10 a.m.]

R. Russell: At risk of getting known for day-late introductions, unbeknownst to me, yesterday evening in the gallery, we had Gina Burroughs, who, in our community, was one of the people who really put their shoulder to the wheel when we went through our recovery and helped lead our community. It was a real honour to have her here listening, as she also happens to be our government agent for our region.

Please join me in welcoming Gina.

Hon. R. Kahlon: We got recognition of Yoann, who is young, but we have someone even younger than Yoann today. We have Katie DeRosa, who is a reporter for the Vancouver Sun, who has brought her new baby, Baby Nathan, to the Legislature. Please behave for him on his first-ever question period.

Welcome to the House.

Introduction and
First Reading of Bills

BILL M204 — SEXUAL ORIENTATION AND
GENDER IDENTITY PROTECTION ACT

S. Furstenau presented a bill intituled Sexual Orien­tation and Gender Identity Protection Act.

S. Furstenau: I move that a bill intituled the Sexual Orientation and Gender Identity Protection Act, 2021, of which notice has been given in my name on the order paper, be introduced and read a first time now.

I’m pleased to stand in allyship with the LGBTQ­IA2S+ community today to introduce legislation aimed at banning conversion practices in British Columbia. The proposed legislation would restrict all attempts to change a person’s sexual orientation, gender identity and expression.

Conversion practices deny, devalue and demoralize anyone who is not deemed as the norm of being cisgender and straight. Unfortunately, many conversion practices are targeted at young people and have devastating and lasting effects on their mental well-being. This bill would protect the LGBTQIA2S+ community from the harms of these false treatments and would penalize any person who might try to administer them.

This bill prohibits the provision of a conversion practice by a health professional and by a person in a position of trust or authority, the payment or reimbursement of costs tied to conversion practices and the expenditure of public funds for the provision of a conversion practice. The bill provides that a person who knowingly provides or is paid for teaching conversion practices has engaged in unfair and deceptive practice. The bill also allows those who are subjected to conversion therapy to recover damages.

These proposed amendments expand on the bill of the same name introduced by the B.C. Greens caucus in 2019. This new version has updated language by request of the community to better capture conversion practices and the harm they cause and has expanded the definition to include both minors and adults. We have also changed the language of “conversion therapy” to “conversion practices” to delegitimize the idea that these practices are therapeutic. Everyone should be welcomed as exactly who they are.

I sincerely hope to debate this bill at second reading to allow this Legislature to stand in solidarity with the LGBTQIA2S+ community in B.C.

Mr. Speaker: Members, the question is the first reading of the bill.

Motion approved.

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

Bill M204, Sexual Orientation and Gender Identity Protection Act, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Statements
(Standing Order 25B)

REID ROBERTS AND OUTDOOR EDUCATION
PROGRAM IN SCHOOL DISTRICT 57

M. Morris: Reid Roberts teaches high school at D.P. Todd Secondary School in Prince George. He’s also an avid outdoorsman and a licensed trapper. He owns and operates a registered trapline close to Prince George.

In 2019, working with senior administrators at a school, he developed an outdoor education program as an option for disengaged students who were facing suspension and as an option for students struggling to find their way. Working with the school administration in school district 57, they developed five objectives for the program.

The first is to support students with behavioural challenges develop a positive self-concept and to stop the suspension cycle. The second is to build connections and engagement between students in the school. Third, to support and enhance student interest in land-based learning. Fourth, to provide opportunities for engagement in Indigenous knowledge, cultural practices and language and connect with Elders. And the fifth, to support cross-curricular learning and connect land-based learning to the classroom.

[10:15 a.m.]

He’s found a way to incorporate curriculum requirements into the field experiences of the students, and his program has evolved and expanded to now include hundreds of interested students. Subjects like science, biology and history are delivered by ecologists, wildlife experts and others. In a three-week period last winter, over 500 students from surrounding schools participated in ice fishing activities.

Since this year’s trapping season started earlier this month, Reid Roberts has made over ten trips out to his trapline, taking a dozen students per trip from a variety of schools in the district. For the past couple of years now, hundreds of students have benefited from his unique outdoor educational program, dubbed the Dead Pine Trappers, referencing the habitat transformation resulting from the deadly mountain pine beetle. The transformative adventures of the Dead Pine Trappers can be followed on Facebook.

Thank you, Reid Roberts, for initiating this program, and the vice-principal, Katie Marren, for your support and school district 57 for supporting new learning initiatives.

REGISTERED DISABILITY SAVINGS PLANS

M. Starchuk: I’ve always had the passion for volunteering, and I’ve had the privilege of giving back to amazing organizations like Variety Club and the Centre for Child Development, both of which support children with disabilities and show them that they have a life full of possibilities.

But the reality is that many children with disabilities will grow up to experience poverty. More than 926,000 British Columbians over the age of 15 live with some form of disability and, depending on the type of disability, are 5 to 15 percent more likely to be living in poverty than people without disabilities.

I rise today to stress the importance of raising awareness of the Registered Disability Savings Plan, the long-term savings plan designed to help people with disabilities and their family save money for the future. RDSPs help people with disabilities to be better prepared for their future and take advantage of up to $90,000 in federal grants and bonds. The program includes an annual Canada disability savings bond up to $1,000 for people who can’t contribute themselves.

Thanks to the Vancouver Foundation, low-income residents are eligible for a one-time grant of $150 to start growing their RDSP, which could receive matching grants of up to $450. The RDSP was developed to make a difference in the lives of people with disabilities, and there are no restrictions on how the money can be spent when it comes out.

Next month we will also celebrate Indigenous Disability Awareness Month. If you’re an Indigenous person in B.C. living with a disability, the B.C. Aboriginal Network on Disability Society RDSP navigation program can help you open an RDSP and provide you support. RDSPs bring us a step closer to achieving our poverty reduction goals, and they help folks be better financially prepared for their future.

I would encourage all of you to go to rdsp.com for more information. Together, we can ensure B.C. will always be full of possibilities for people with disabilities.

AGNES KEEGAN

D. Davies: Agnes Keegan, née Penman, was born September 20, 1920, in Hawick, Roxburghshire, Scotland. At the age of 101, she recently passed away just this past October in Vancouver.

Agnes had an incredible life of service. At the start of the Second World War, her and a friend went to Birmingham and worked in a munitions factory for a couple of years. Knowing she wanted to do more, she joined the British Army in 1942 at the age of 22. She trained in Wales and subsequently transferred to the 27th Lancaster Ordnance Corps, where her trade was vehicle driver.

After honourable service and attaining the rank of corporal, she released from the British Army in 1946, transferred to the supplemental army reserve and moved to Vancouver shortly thereafter.

I first met Agnes when I moved to Vancouver for university in 2003. While there, I was appointed as the commanding officer of the 2290 British Columbia Regiment Cadets. My very first evening, when I walked into the armoury, I was introduced to a volunteer, a then young 83-year-old Agnes, who was in charge of the cadet can­teen. I was quick to learn of the incredible impact and the important role that Agnes played with the cadet corps — since 1980, I might add.

She was a devoted volunteer that never missed a night. She knew every single cadet and was deeply connected and admired by all. During my time at 2290, I appointed her as the Honorary Sergeant Major. I tell you, she had no problems keeping me in line.

[10:20 a.m.]

Agnes was equally respected by the British Columbia Regiment, the Duke’s. In fact, the commanding officer bestowed upon her the honorary captain appointment for her work and dedication to the regimental family.

Not only was Agnes known for her work with the military, she was a life member and sergeant-at-arms of the ANAVETS Unit 100, as well as a life member of the Royal Canadian Legion Branch 179, with nearly 60 years’ service to the Vancouver community.

Agnes will be remembered and missed by many. Lest we forget.

DALVIR NAHAL

H. Sandhu: October is Breast Cancer Awareness Month. I want to highlight the need to create more awareness around early detection of breast cancer in memory of my friend Dalvir Nahal.

Unfortunately, in Vernon-Monashee, we have lost our incredible long-time community advocate, volunteer, city councillor and great friend Dalvir Nahal to cancer at a very young age. Dalvir kept on going to serve her community even after her diagnosis in 2011, when she was only 35 years old. Dalvir left many legacies in her community which cannot be stated in two minutes.

Dalvir was a founder of one of her community’s biggest and successful events, Bollywood Bang, which raised hundreds and thousands of dollars for charities and non-profit organizations in her community, including a hospital foundation, where money was used to build rooms in the hospital and cancer clinic and to provide cancer treatment to patients without health benefits. This event also brought us all together, where we celebrated our community’s diversity and generosity.

Dalvir received a B.C. achievement award in 2017 for her work in the community, as well as the Multiculturalism and Anti-Racism Award in 2019, which was presented to her by our Premier.

Dalvir always encouraged others. One of her messages to me last year was: “Just sending you positive thoughts and positive energy. Almost there. Keep smiling. Don’t stop believing,” Dalvir maintained such a positive outlook about life. She always helped and inspired others, despite her own battle with cancer. Her smile was infectious.

Dalvir was an inspiration for many, and her legacy will live on for generations to come.

Would the House please join me to pay tribute to Dalvir for her contributions toward her community.

LINDA JACK AND FETHERS LITERACY
PROGRAM FOR INDIGENOUS ELDERS

S. Furstenau: Drop everything and read. But what if you can’t? That is the fate of thousands of Indigenous Elders across Canada who were sent as children to what we call residential and day schools, a so-called education that left many of them illiterate for life. But Elder Linda Jack is changing that.

Linda’s father was a residential school survivor, and Linda is a day school survivor. For the past year, she has worked with local champions to create the First Elders Training, Healing, Education and Respect Society, also known as FETHERS. The goal of the FETHERS program is to provide in-person culturally appropriate lessons for Indigenous Elders who want to learn how to read. Linda said: “We need to get back to what was stolen before more of our people die without their dignity and respect returned.”

There have been barriers to this program’s success at every step, but Linda and her team have been unrelenting. Last Monday Linda’s dream came true. She joined 14 Elders from First Nation communities on Vancouver Island on their first day of school. Their seven-week course is hosted by Vancouver Island University, in Nanaimo. London Drugs donated school supplies, Country Grocer donated food for the class, AC Taxi is donating the transportation of the food, and handyDART made a van available at the last minute to transport these students to and from school.

Linda has goals. She wants to be in grade 6 by summer, but this goal is in jeopardy of not being met. FETHERS needs just over $75,000 per year to cover all of its costs. Funding for the program is precarious, and January’s intake is at risk of not going ahead. VIU and local businesses have been generous, but this program should be funded entirely by the provincial government, in line with its reconciliation goals.

I hope all of us who have benefited from a rich education will agree that this is one cost the public purse should bear, so that this time next year these Elders, indeed, will be able to drop everything and read.

[10:25 a.m.]

STROKE AWARENESS AND
MLA’S EXPERIENCE OF STROKE

P. Alexis: I would first like to acknowledge that I’m coming to you today from the unceded and ancestral territory of the Stó:lō people.

I rise today to acknowledge World Stroke Day, October 29, a day meant to highlight the high rates of stroke, raise awareness of its prevention and treatment, and ensure better care and support for survivors.

As many of you know, this day will have personal significance for me this year. On September 21, I was not feeling my best, but I foolishly decided to push through and continue working through a Finance meeting. In a way, it’s a good thing I did, as my quick-thinking colleagues on both sides of this House took charge when I fell ill, ensuring my safe passage to Vancouver General. When I regained consciousness, I was told that I had experienced a bilateral stroke, very rare and very serious. I’m very lucky to not have died.

The reason I didn’t die was the speed of the response from my colleagues, paramedics and hospital staff. The sooner a person having a stroke gets help, the better their outcome is likely to be. Stroke symptoms to look out for include paralysis; numbness or weakness in the arm, face and leg; confusion; slurred speech and more. So please, be aware.

I want to thank the doctors at Vancouver General, the paramedics who ensured my safe travel to VGH and my colleagues who sprang to action so quickly. I want to especially thank the member for Vernon-Monashee, who did the best possible thing when I told her I was fine: she ignored me and quickly got help.

I urge all of you, if you are ever in the same situation: please don’t hesitate to do the same.

Thank you, and I’ll see you next week. [Applause.]

Mr. Speaker: Thank you, Member. Welcome back.

Oral Questions

EMERGENCY CALLS SYSTEM MANAGEMENT
AND GOVERNMENT RESPONSE TO HEATWAVE

S. Bond: Well, the Premier has been hiding. He has refused answers for the hundreds of families who lost loved ones during the heatwave. Documents obtained under FOI show that E-Comm 9-1-1 was desperately trying to warn the Premier and his government that public safety was at risk.

For a year, call volumes and delays were increasing at an alarming rate, and by early June, well before the heatwave, the delays were overwhelming, and the system compromised public safety. When the heatwave hit, hundreds of British Columbians died, many of them waiting on hold for help that never arrived. The Premier not only failed to act on the warnings but callously said, “Fatalities are a part of life,” and: “There is a level of personal responsibility.”

Why did the Premier ignore the warnings of 911 dispatch, and will he today commit to an independent review that includes his office and the lack of action by this government?

Hon. A. Dix: Thanks to the member for her question. The member will know that since I became Minister of Health, we’ve added, every year, substantially, investment in the Ambulance Service. This means more paramedics. This means more full-time paramedics. This means better coverage in rural and remote communities. This means more dispatchers.

What we have seen, especially since the last part of the third wave of the COVID-19 pandemic, is a dramatic increase in ambulance dispatches. We’ve seen that. I reported on that regularly in our regular health briefings to British Columbians. That’s why on July 2, for example, we added hundreds of new positions, effectively. We put out and posted hundreds of new positions.

[10:30 a.m.]

We have been responding consistently — doubling the increases that the ambulance service received; adding paramedics, dispatchers and others to support the system — and will continue to do so.

Mr. Speaker: Leader of the Official Opposition, supplemental.

S. Bond: With all due respect to the minister, it’s time the Premier showed some accountability. Those words mean very little to the families of 569 British Columbians that died. The warning signs were there. It was too little, too late, and the minister and the Premier know it. British Columbians deserve accountability from their Premier.

We all understand the important role of the coroner. She will review the medical history of each and every circumstance, and we are grateful for that. But the coroner won’t review the details that were revealed through a freedom-of-information request this week. Who knows what else we don’t know?

But here’s what the Premier ignored. He ignored warnings from his own 2019 climate risk assessment, which said this would happen. He ignored ambulance call delays that increased for a year before the heatwave. He ignored the conclusion of 911 dispatch, desperate to get this government’s attention, even calling the government out, knowing that public safety was being compromised.

Those are the words of dispatch, not our words — the words of people involved in the system who were franticly trying to get this government’s attention. We don’t know what else the Premier ignored, because there is a refusal to be transparent. British Columbians deserve better.

Will the Premier stand up and acknowledge the lack of action by his government and commit to a full, public, independent review? That’s what families, and that’s what people who lost loved ones in this province, deserve.

Hon. A. Dix: That is precisely what the independent office of the coroner does. They review every single case, because every single case matters. The member talked about people who passed away. I know some of those people, so I’m aware of that. You bet I’m aware of that.

The member will know how important ambulance service is in every part of the province. It’s why — and this is largely because opposition members represent large parts of the Interior — we’ve increased ambulance services in community after community, not just since the summer but since 2017. It’s why we’re adding and reforming the ambulance service to improve services across British Columbia.

The coroner is conducting a comprehensive review that treats not just all of the cases together, but every single case, as important. We will, of course, be following closely that review and taking action in the meantime, as we have, to make British Columbia more resilient as we deal with the challenges of climate change and deal with the fundamental questions of climate change in our province, as the Minister of Environment, the government and all the people of B.C. are doing.

K. Kirkpatrick: The Premier made up his mind long ago about a detailed independent review. He said it’s “not a failure of the government…there’s no fault to be apportioned.” Almost 600 vulnerable people died, and his response was: “Nothing to see here. It’s just a fact of life.”

The revelations under FOI this week show the Premier was wrong and his government did fail our vulnerable seniors. So as the minister knows, this is not simply a coroner’s review.

Will the Premier stop hiding and call a full and independent review to show how government reacted to this?

Hon. A. Dix: The ambulance service — because that’s at the core of the questions, B.C. emergency health services — has been responding to the circumstances across B.C. over the last number of years by adding resources, by substantially increasing….

[10:35 a.m.]

In fact, other than mental health and addictions, the largest increase of any part of the health care system has gone to ambulance paramedics because of two reasons. One, what we are seeing is an increase in demand, and, more important than that, an increase in purple and red calls, which are the most serious calls that our health care system received, on the one hand. On the other hand is a system that historically — and this goes back decades — does not meet the challenges of 2021, particularly in rural and remote parts of B.C.

That’s why, from day one, we’ve been adding ambulance paramedics, dispatchers, ambulance and air ambulance capacity; why, in the beginning of the pandemic, in rural and remote areas of B.C., we added even more capacity to that system; and why we’re going to continue to do that. It’s to respond in substance to the challenges that the ambulance service faces across B.C.

There is a comprehensive review going on right now by the coroner, who is highly respected, has the powers to conduct the review and is treating every single case as important. That’s what I believe needs to be done. What I also believe needs to be done…. This event that was defined by Dr. Sarah Henderson as a one-in-1,000-years event has now happened. We need to respond collectively — not just in the health care system, but collectively — to become more resilient to the challenges of climate change.

Mr. Speaker: Member for West Vancouver–Capilano, supplemental.

K. Kirkpatrick: We know that this one-time-in-​1,000-years event was anticipated. This was not a surprise. Government had been warned about this for a year prior to that, and 569 people died. We need a full and independent review of the Premier’s failure to act. This minister says there are more and more resources being deployed. We need more resources — that’s wonderful — but are these the right resources? They don’t have the right outcome.

As Human Rights Watch has said, the Premier has failed to act on his own 2019 climate risk assessment. He failed to do anything about call wait times, which were steadily increasing for the 12 months prior to this heatwave. He failed to listen to 911 dispatch, which had concluded, a month before this heatwave, that the delays compromised public safety.

The Premier callously told grieving families that they had a level of personal responsibility.

Will he accept his responsibility today and order a full and independent review?

Hon. A. Dix: The full and independent review that’s taking place — everyone acknowledges that it’s comprehensive. Every case….

Interjections.

Mr. Speaker: Members.

Hon. A. Dix: Every case, and the circumstances of those cases, will be reviewed — every case. That’s a full review. The coroner is, of course, independent, in one of the most important independent reviews that can take place.

In addition, it seems to me that in this time of climate change, it calls on us to take the action that we’re taking — in this government, and I hope around this world — to address the issues of climate change. This event was unlike any event we had ever seen in the history of British Columbia. There was a predecessor event….

Interjections.

Hon. A. Dix: The opposition can heckle all they want. They can heckle all they want.

Mr. Speaker: Members, let’s listen to the answer, please.

Hon. A. Dix: Well, hon. Speaker, 140 deaths are important, and the more than 500 deaths are important as well. Every one of them is. What we are doing, I think, is doing what needs to be done: taking every case as important. Every person who passed away is important.

Having that review taking place, while taking important actions to ensure that we’re more resilient in the future, to what we’re going to deal with in the days, in the weeks, in the months, in the years, in the decades ahead — the need, as a society, to become more resilient to the fact of climate change.

ACCESS TO FREE CONTRACEPTION

A. Olsen: One of the B.C. NDP platform planks from the election from last year was making contraception free.

In their platform, the B.C. NDP stated: “Cost should not prevent individuals, particularly young people, from their right to make choices about their reproductive health. While condoms can be easily found for little or no cost, and vasectomies are covered by MSP, prescription contraception is not covered. It’s time to make contraception free for all.”

[10:40 a.m.]

My question is to the Premier. It has been one year, and still no free contraception has been provided to British Columbians. When will this government fulfil its election promise?

Hon. A. Dix: The commitment of the Premier was personal. It was also in our election platform. It’s under, of course, review in terms of implementation. But it’s something that of course we support and intend to implement during this government.

Mr. Speaker: Saanich North and the Islands, supplemental.

A. Olsen: During this government. I’m assuming that the government is giving itself a three-year longer runway to review this.

Certainly, this has been an issue that AccessBC has been advocating for with me as an MLA for the last three or four years. It’s an issue that AccessBC has been advocating for with this government for three or four years. It was far more than just a personal promise made by the Premier. It was, as the Minister of Health noted, a commitment in their election platform.

My question again is to the Premier. When is his government going to do…? As AccessBC put it, people in B.C. have been waiting for this for too long. When will British Columbians have free contraception? Will it be by 2022?

Hon. A. Dix: We are continuing to work, and it’s our absolute intention to implement the commitments made by the Premier, the government and the New Democratic Party. In this respect, as we have said and as we’ve shown since the beginning of our mandate, we have taken, I think, extraordinary efforts to make all prescription drugs available, especially to those who are the most vulnerable in our society. So 105,000 British Columbians benefitted from our changes to PharmaCare deductible.

We continue to take steps to both save money on PharmaCare and then apply that money to support people and give them more access to the prescription drugs they need. We’ll continue to do so. As noted to the hon. member, we fully intend to follow through on that commitment.

COVID-19 CIRCUIT BREAKER
RESTRICTIONS AND SUPPORT FOR
BUSINESSES IN NORTHERN B.C.

D. Davies: Businesses across the North have been brought to their knees recently again. A week ago the Premier said businesses in Northern Health impacted by the new circuit breaker could “still have opportunities to access programs that have been put in place by the provincial government.”

Can the Premier tell us exactly what provincial programs are open and available today to desperate northern businesses?

Hon. R. Kahlon: I appreciate the question from the member. Certainly, it’s a hard time for many businesses across British Columbia. The pandemic is not over. We are seeing strong job recovery rates, but we know that still pressure is being faced.

I’ve had a chance to talk to many of the chambers that represent businesses in the North. We’ve discussed what the pandemic, and the impact it’s having now, has meant to their businesses. All are grateful for the vaccine card, because we know the vaccine card allows businesses to be able to continue to operate in a safe way to ensure that when the patrons come into their business….

Interjections.

Mr. Speaker: Okay. Take it easy.

The minister will continue.

Interjections.

Mr. Speaker: Members. You asked a question. The minister will answer.

Interjections.

Mr. Speaker: The minister will continue. The minister has the floor.

Hon. R. Kahlon: Thank you, hon. Speaker.

The member also knows that over $4 million has gone directly in grants to businesses, so directly to businesses to support them through the pandemic. The new orders that have come in place continue to allow business to operate in safe ways. There are some limits on what time the alcohol can be served, 10 p.m., but businesses can continue to operate. We’re going to continue to monitor the challenges they face over time.

Mr. Speaker: Member for Peace River North, supplemental.

D. Davies: Well, the question was: what is open right now for supports to businesses?

Unfortunately, I think maybe the Premier has been playing a little too much Scrabble on his telephone to actually understand what is going on in the North. But I’ll enlighten the Premier as well as the minister.

[10:45 a.m.]

The circuit breaker grant closed June 4. The small business recovery grant closed July 2. The launch online grant ended September 30. Now the new circuit breaker measures in Northern Health are in place, and businesses are desperate. They need help now.

Will the Premier bring in a new round of supports to support northern businesses, yes or no?

Hon. R. Kahlon: We have provided the highest per-capita supports.

Interjections.

Mr. Speaker: Members, order. Order, please. Members.

The minister will continue.

Hon. R. Kahlon: Thank you, hon. Speaker. We have provided the highest per-capita support for people and businesses in all of the country. That’s why B.C. is positioned in the strongest position for a strong economic recovery. We’re very proud of the supports.

There is a digital bootcamp available still for businesses, because we know lots of businesses….

Interjections.

Mr. Speaker: Members, you’re losing your very precious time in the question period.

Minister, take a seat.

Any further comments?

The minister will continue.

Hon. R. Kahlon: The member mentions connectivity. In government for 16 years, no time in history….

Interjections.

Mr. Speaker: Members. Order.

Members, what part of “order” don’t you understand?

Please. The minister will continue.

Hon. R. Kahlon: At no time in history have we seen the type of investment we’re making in connectivity in this province of British Columbia. These members represent communities where they now claim they don’t have connectivity. They were in government for 16 years. Where was the investment to connect the communities?

Rest assured, members from northern communities, we will make those investments. We will bring connectivity to your communities.

T. Stone: The member for Peace River North asked a serious question, and his constituents expect a serious answer. Businesses across northern British Columbia are hanging by a thread — not sure if they can meet payroll, not sure if they can keep their lights on — in large part because of the latest circuit breaker health measures, which apply in Northern Health.

When asked about supports for businesses in B.C.’s north, the Premier said last week that his minister would “observe activities in the region”. Well, if the Jobs Minister was actually doing his job, he would be hearing the same stories that we are.

I will quote one of those stories. “It will only be a matter of time before a business like ours closes its doors due to bankruptcy or business ownership exhaustion.” That’s a local small business in Fort St. John. That’s a business owner that has never previously had to lay off a single person, but is now faced with having to do exactly that for the third time during the pandemic.

The question to the Premier is this. When will the Premier step up and provide the supports, the circuit breaker supports, that businesses across British Columbia’s north so desperately need today?

Hon. R. Kahlon: The Premier has made clear from the beginning of this pandemic that a healthy B.C. and a healthy economy go hand in hand. We know the best thing we can do for communities throughout this province is to ensure that we increase the vaccination rates so that we can control the pandemic, so we can have our businesses continue to operate in a safe way.

We have provided the highest per-capita supports for people and businesses in all of Canada. We have waived PST for new equipment and machinery so businesses have that support. We’ve reduced liquor pricing by 20 percent, which is something the industry has been calling for, for well over 16 years. We made that change and we know that’s making a major difference for businesses.

[10:50 a.m.]

The $4 million just in that community alone that we’ve injected has made a massive difference to businesses. We know because we’ve been hearing from them as well. We’re going to continue to work with our partners to support businesses that are being challenged, but right now businesses can remain open. They can continue to operate. There are some limits on when liquor can be served, but that’s the only limit we have in place, and we hope that the vaccination rates increase so that we can see businesses open up again.

Mr. Speaker: Member for Kamloops–South Thompson, supplemental.

T. Stone: Businesses across B.C.’s north are hanging by a thread. They’re not sure that they’re going to make it. This is not a time for this minister and this government to do another victory lap. The businesses in the north need support, and they need it now. Two-thirds of the supports that the minister brags about were in the form of debt and deferred taxes that these businesses have already had to pay back.

The minister’s own data shows that B.C. has provided the least amount of direct supports, direct cash in pocket for businesses, of any major province in this country. All of those grant programs, as the member for Peace River North mentioned earlier, have ended. None of them are open. None of them are accepting applications for additional supports that are needed.

Another Peace region business owner said this: “Business-wise, we are getting killed right now in every area possible. It’s daily to watch the bank accounts depleting. It’s going to get tighter, too, with these new restrictions in the north.”

Like Premier, like wannabe Premier. It’s all talk and no action.

The question for the Premier is this. Will the Premier actually keep his promise? Will he keep the promise that he made to northerners last week and direct this minister to flow supports to those businesses who desperately need the help?

Hon. R. Kahlon: Again, the number one thing we can do as British Columbians to support our business community is by getting vaccinated. We know that that is the number one thing we can do, so we’re continuing to urge people to get vaccinated. Right now there are some restrictions on what time liquor must stop being served. We know that adds some pressure to communities, but most businesses can continue to operate in a safe way.

The member is incorrect when he states the facts that he is using. We have provided the highest per-capita supports for people in businesses. The original budget for direct supports for businesses was $300 million. We have spent $529 million, going directly in the pockets of businesses. We hear from them every day. If the member has a couple of businesses that he wants to highlight, he can share them with me. He has in the past, and we’ve done our best to support them.

GOVERNMENT RECORDKEEPING AND
FREEDOM-OF-INFORMATION REQUESTS

B. Banman: Over the course of a year, we asked for the records of text messages by political staff, but all we got back were “no records found.” Here are some of his staff’s excuses: “All messages sent by the minister’s senior ministerial assistant were transitory in nature and deleted.” “The senior ministerial assistant does not keep or use notebooks.” “All records, if they existed, were deleted as transitory.” “No records were located in response to your request.” “The ministry did not locate records because the ministerial assistant did not use any messaging applications.” That’s simply not believable. It isn’t.

Question to the Premier. Does the Premier really believe that his political staff don’t use any messaging applications at all?

Hon. L. Beare: I’m just struggling with the temerity of the question, considering the members opposite had a minister who refused to even use email.

Interjections.

[10:55 a.m.]

Mr. Speaker: Order, Members.

Hon. L. Beare: I very much appreciate the member from Abbotsford’s thespian ways in his master class in question period and in committee and second reading. I’ll be looking forward to that continued action.

We do follow the advice of public servants when it comes to recordkeeping. All our political staff have gone through FOI training. We know that transitory records are not to be kept, and non-transitory records being kept are recorded in the appropriate systems. I can let you know, I don’t make decisions via text. I make sure that it’s done over email, which is the appropriate way to record decisions in this case.

In many cases, it may not be a text account. It may be an email account. It may be a signed document by the minister. That works out to about five billion pages a year, which actually — this is a great fact for all members — if you lined it up, would be three times the distance to the moon. So we need to make sure that we’re keeping our records in the appropriate manner.

PREMIER’S RESPONSE TO QUESTIONS
AND INFORMATION REQUEST ON POLLING

P. Milobar: Well, it’s been quite a bad week to watch the complete disdain and contempt and downright arrogance exhibited by this Premier on a wide range of issues. All week we’ve been asking direct questions to the Premier, directly about his words, about the Premier’s actions and about the Premier’s commitments that he has made and continually breaks. But the Premier, despite 36 direct questions to him this week about his words, actions and commitments has decided it’s appropriate to not provide the public any answers whatsoever. He has not answered one question this week about any of his words, actions or commitments.

We know that through FOI and in the months leading up to the snap election, the Premier’s office conducted taxpayer-funded daily tracking, daily polling paid for by the taxpayers as this government was figuring out what their election platform was going to be. When asked about the polling on June 16 during estimates debate, the Premier said: “We’re happy to release the information, where it was garnered and what the content of the questions was.” Again, the Premier’s words, the Premier’s commitments. But 4½ months later, still hasn’t kept his promise. We still can’t get that information.

The Premier certainly doesn’t want to answer any questions about it. These were taxpayer-funded opinion polls developing a platform for the government. Again, the Premier said: “I’m not aware of any restrictions in releasing that information…. I’m happy to get back to the member with a release of that information.” Again, the opposition sent a letter on June 22. We have not had a response from the Premier.

When is the Premier going to stand up in this House and answer this question, but at a minimum, one of the now 37 questions that have been directly directed at him this week — with complete silence?

Hon. M. Farnworth: I appreciate the question from the member opposite. As members will know, the Premier is the head of the executive council, and the executive council consists of cabinet ministers who have responsibilities for their distinct and different portfolios assigned to them by the Premier.

The Premier is more than able to answer questions. But one thing about this Premier is that he expects each of us, as ministers, to be responsible for our file and answer our questions.

Interjections.

[11:00 a.m.]

Mr. Speaker: Members, the question was asked. Now is the time for the answer.

Hon. M. Farnworth: The Premier will answer questions, as will every responsible cabinet minister.

[End of question period.]

Orders of the Day

Hon. M. Farnworth: I call committee stage on Bill 22.

Committee of the Whole House

BILL 22 — FREEDOM OF INFORMATION AND
PROTECTION OF PRIVACY
AMENDMENT ACT, 2021

(continued)

The House in Committee of the Whole on Bill 22; S. Chandra Herbert in the chair.

The committee met at 11:01 a.m.

The Chair: Members, I’m going to ask that we go into a short recess to allow staff and everybody else to get here for the committee stage of this, so we’ll be in recess for about five minutes. Thank you.

The committee recessed from 11:02 a.m. to 11:05 a.m.

[S. Chandra Herbert in the chair.]

On clause 1 (continued).

M. de Jong: The minister, I think, is aware that in the bill before us, clause 1 and subsequent sections have attracted a significant amount of commentary — a significant amount of that commentary negative criticisms, critiques. I thought that in this early section, it might be appropriate and fair simply to ask the minister whether she and the government acknowledge that criticism and the objections that have been registered in the public domain and what her reactions to those criticisms is.

Hon. L. Beare: Thank you to the member for the question. Glad to see the member joining the debate today.

Yes, of course as government, we listen every day to people, as we did through the consultation process and as we will continue to do, moving forward. We are now in committee stage and get to go line by line through the bill. I’m happy to answer any questions on the specific concerns, line by line.

M. de Jong: Is the minister at all concerned about the level of criticism and objections that have been registered? She seems, quite frankly, rather indifferent. But that’s my word, not hers. Is she at all concerned about the level of objection and criticism that has been registered about Bill 22?

Hon. L. Beare: Absolutely. We listen to British Columbians, and we as government take that very seriously. We did, through consultation. We do now. We will continue. And we will be able to address and have a conversation about any of the concerns as we go through the bill, line by line.

M. de Jong: I’ll only try one more time, because in the absence of a direct answer from the minister, I’ll feel entitled to draw my own conclusions, and so will others. Is she at all concerned about the significant level of criticism that has been levelled at Bill 22?

Hon. L. Beare: I have answered the question three times. It’s very important to us that we listen to British Columbians. We listen to businesses, we listen to people, and we adjust. Our government acts accordingly.

Very happy to go line by line through this with the member, and we can talk about any concerns the member has about the bill that is before us.

M. de Jong: One of those general concerns, as it relates to clause 1 and the subsequent clauses, relates to a concern regarding the decision by the minister and the government to prevent or usurp any participation by the special committee that has been established by this House.

[11:10 a.m.]

In the oft-referred-to letter from the Privacy Commissioner dated October 20, he had this to say on the final page of his letter:

“It is not at all clear” — and this is the quote from the letter — “why government has chosen to move forward with amendments ahead of the special committee’s legislated work to review the act. The work of the special committee is essential, as it is able to pull information and consultations from a variety of sources, encouraging fulsome public dialogue about proposed amendments. I have to question how meaningful the first substantive amendments to the act in over a decade can be when there is no time for all stakeholders to provide dialogue. To move forward with these amendments, in a year that the special committee is tasked to do this work, is baffling.”

Those are the words of the legislative officer this assembly charges with the task of reviewing and critiquing this work.

Now, last day — and if I get this wrong, I hope the minister will correct me — the minister, on I believe three separate occasions, told the committee that every one of the criticisms contained in the letter from the Privacy Commissioner were concerns that had been communicated to her prior to tabling this bill.

I’ll start there. Have I paraphrased the minister’s re­marks correctly?

Hon. L. Beare: Yes, that’s an accurate reflection — that the commissioner and his team shared all of the concerns into the letter with us.

And on section 1, the member is incorrect. The only change that we have made to section 1, which is the section we’re on in this bill, is removing the letter “s” — which is plural term “rights” — changing it to singular “right” in section 1.

M. de Jong: Of course, we’ll get to very specific dissection of the drafting in the bill, as is customary, in addition to discussing issues relevant to section 1. We will take advantage of the opportunity to discuss issues relevant to section 1 and the entire bill.

Having established — and I thank the minister for this — that the concern around the decision to preclude the involvement of the committee was communicated by the commissioner previously, will the minister confirm that the decision was made to ignore that advice that she and the government had received earlier and deliberately take steps to preclude the involvement of the committee in addressing the issues contained in Bill 22?

Hon. L. Beare: The section on the committee is much later in the bill. We are on section 1 right now, but I will answer the question for this member.

The committee does not review draft regulations. What we have before us is a bill amending legislation that has been reviewed by two special committees prior to today — a committee in 2016 and a committee in 2010. None of those recommendations have been acted on today.

[11:15 a.m.]

We have those outstanding committee recommendations before us, and I would imagine that the committee, when they meet again, will get the chance to be the first committee to review a brand-new piece of legislation, provided at the will of the House before us.

M. de Jong: So was the Privacy Commissioner misguided in the submission he has made to the minister on the final page of his letter? I’m not going to read the passage again. He describes what the minister has done as “baffling” — his word, not mine. Does the Privacy Commissioner not understand the role of the committee?

Hon. L. Beare: I won’t presume to speak for the commissioner in any way. I’ve outlined my answer to the member that committee doesn’t review draft legislation. We have two committees that have previously met on this item. A committee meeting, again, would be reviewing the current legislation, and I would imagine that a number of recommendations would be the same on the existing piece of legislation that’s before us.

We now have a new piece of legislation that we’re working on. That is before the House at the moment, and I imagine the new committee will be given the chance to be the first committee to review that legislation.

M. de Jong: But the fact that the observation comes from a parliamentary officer, an independent officer of this Legislative Assembly, leaves me feeling that the question is deserving of a more detailed answer than the general one the minister is offering.

The Privacy Commissioner has not suggested that a piece of legislation, per se…. He has suggested in his letter that the issues the minister purports to address in the legislation were deserving. In his view, it was essential, insofar as the committee had been struck and was available to do the work to review those issues, it should have done so.

The minister has an opportunity now, today, in this committee, to explain why, in her view and the government’s view, that was unnecessary. And a decision that the commissioner describes as baffling — his word, not mine — this is her opportunity to explain that decision. Thus far she hasn’t done so, and I hope she will.

Hon. L. Beare: There were two committees’ worth of recommendations that the previous government took no action on. So we have a committee in 2010 and 2016 that met, provided input about this legislation, and we have factored that into our draft legislation that we have before the House now. I have answered the member’s question. And again, section 1, we’ve removed the letter “s” from “rights” to “right.” That is what we are on right now.

Deputy Speaker: Member on clause 1.

M. de Jong: With respect to clause 1 and, of course, subsequent sections, what we’ve established thus far is, according to the minister, the Privacy Commissioner made clear to her, prior to tabling this bill, that to not refer the matters contained within this bill to the special committee was a mistake. He described it as a baffling decision.

[11:20 a.m.]

The minister has decided to proceed, in any event. She hasn’t offered a reason for why she ignored and believes, apparently, that the advice and the position of the Privacy Commissioner is wrong. She hasn’t offered anything approaching an explanation for why that is. I think the committee is entitled to know, given the source of the criticism.

The Chair: Okay. Are there further questions, Member?

M. de Jong: Has the minister received this letter that we have much commented on? Has the minister replied to the Privacy Commissioner?

Hon. L. Beare: I answered this question last night, as the member well knows. He was in the chamber. My last contact with the commissioner was on Friday.

M. de Jong: I’m sorry; that’s not an answer, with great respect. The minister indicates that she had a conversation prior to tabling the legislation. We then have the letter from the Privacy Commissioner. My question to the minister is: has she responded formally to the letter written by the Privacy Commissioner?

Hon. L. Beare: In our call on Friday, the commissioner and I had a conversation that…. And I answered this last night. The commissioner outlined what his letter would contain. There’s nothing new in the letter, as I have said. The commissioner and I and our teams have spoken about the content in the letter to date. So my last conversation and my last response to the commissioner was on Friday.

M. de Jong: I just want to be clear about this. The member and the commissioner had a conversation. She then proceeded to table legislation. She then received an unprecedented letter that, of course, went not just to the minister but to the public. My question is: has she provided, on behalf of the ministry and the government, a formal reply to the letter she received from an officer of the Legislative Assembly? It really is a yes-or-no answer.

Hon. L. Beare: No, there is not a written reply. The commissioner and I had a conversation on Friday about the contents of the letter.

M. de Jong: Well, to be fair, first of all, that is astounding. I mean, that is really astounding. The minister shakes her head. She’s the minister of the Crown. She has received a six- or seven-page letter commenting on legislation that she has just introduced in the House. The letter isn’t an email from a constituent; it’s from an independent officer of this Legislative Assembly. And she’s saying that she hasn’t replied? She hasn’t replied to that letter? She hasn’t responded to the criticisms, the significant criticisms, contained in that letter? Do I understand that correctly?

Hon. L. Beare: With all due respect to the member, the legislation is before the House, before us, right now. We are debating line by line, clause by clause, every piece of this legislation, including addressing the concerns of the commissioner within this.

We talked on Friday. We had a conversation outlining when his letter would come, what would be in the letter. The commissioner and I will continue to be in close contact, following this legislation, and continue to work together.

[11:25 a.m.]

For the members, we will continue to keep that open dialogue. My line is open, as is the commissioner’s, and we are currently dealing with the legislation that’s before the House, which is the appropriate thing to do.

M. de Jong: Well, all the more important to ascertain whether or not and to what extent and what the minister’s formal reply to the Privacy Commissioner is.

I’ll ask her this question. Does she believe that independent officers of the Legislative Assembly are entitled to a reply when they write a letter like this?

Hon. L. Beare: Of course we reply to letters from independent commissioners. As I’ve said, the legislation is before us in the House at the moment. You know what? I think now is a really good time to actually take a pause and take a look at all the things the commissioner does agree with in this legislation, including mandatory breach reporting, including requiring the mandatory breach reporting going to the commissioner. There’s a lot to digest in these 75 sections. We are on clause 1. We will be able to address each concern line by line as we go through the bill.

M. de Jong: I don’t really understand why the minister feels this is a mischievous or troublesome line of questioning, which she clearly does.

Let me ask this. Does she intend to write to the Privacy Commissioner at some point, answering the concerns in his letter of October 20?

The Chair: If I might, Member, we are on clause 1, and I would try to ask that the member ensure relevance to this topic of clause 1 at this stage of the debate.

M. de Jong: Having regard to how the Privacy Commissioner’s concerns may relate to clause 1 and subsequent clauses, may I ask the minister whether she, at any point, intends to respond to the Privacy Commissioner’s letter of October 20?

Hon. L. Beare: Again, clause 1. Remove the letter “s.” That’s the big conversation right now.

But in terms of the commissioner, the commissioner was the first call I made when I became minister. I’m very happy to continue doing that following this legislation. The letter was received. There will be a response after we have the debate in the House.

Interjection.

Hon. L. Beare: No, Member. It’s the appropriate place to be having the line-by-line debate about this legislation. The commissioner has been very clear to me in our conversations. He has outlined his concerns, and we are now at the point where we are debating the legislation line by line, and we will continue to meet with the commissioner following this legislation, and looking forward to that.

M. de Jong: Well, that’s both informative and troubling at the same time. I think what I just heard the minister say is this. If I am incorrect, most assuredly the minister will take advantage of the opportunity to set the record straight. I think I just heard her say this. Yes, she intends to respond to the letter of October 20, which contains, correctly, as she points out, some positive comments about the legislation but also some significant criticisms of the very issues we are dealing with today.

But I think she just finished saying to the committee: “But I’m not going to do that until all of these proceedings are complete. I’m not going to provide any kind of a written record of my response to the Privacy Commissioner’s concerns until after this committee and this assembly have dealt with this legislation.” Have I got that right?

[11:30 a.m.]

The Chair: If I might, Member, we are starting to get repetitive on this question. I would ask that again, we draw the questions to clause 1. If the member can show the relevance of his questions to clause 1, that would be appreciated.

M. de Jong: Thank you, hon. Chair.

Well, with respect to clause 1, the drafting contained therein and drafting for subsequent clauses, my question is this. The minister seems to be advising the committee that yes, having received observations and comments from the Privacy Commissioner, who has a central role to play with respect to the interpretation of clause 1 and every subsequent clause in this bill, she does intend to respond in writing, but she doesn’t intend to do that until these proceedings are complete. Have I got that correct?

Hon. L. Beare: I have very clearly answered this question to the member. The bill that we received from the commissioner, our conversations that the commissioner and I have had, along with our teams, throughout this process…. There’s nothing new in the letter from the commissioner. I am aware of the commissioner’s concerns.

We had a conversation on Friday. We have the draft legislation before us, which is what we are discussing right now, and yes, the commissioner’s letter will be responded to at the appropriate time, along with him being the first call I will make following the will of the House on this legislation.

M. de Jong: Well, that’s actually a bit helpful.

When is the appropriate time, in the minister’s view?

Hon. L. Beare: The member is being deliberately obtuse on this. I very clearly said that this legislation is before us. We are going to go through it line by line, and I’m looking forward to doing it. The commissioner and I have had conversations about all his concerns, and yes, he will be my first phone call following this draft legislation.

Interjection.

The Chair: If the member would let me speak, then I will answer the question. Please don’t push my buttons. I’m trying to do my job here, Member.

Interjection.

The Chair: If the member wants to be disrespectful to the Chair, that is a choice. I would ask the member for Peace River South to withdraw.

M. Bernier: I’ve got nothing to withdraw. I didn’t say anything.

The Chair: You’re speaking to me from your chair. Member, the Chair is asking you. I’ve heard what you said. You’re disrespecting the independence of the Chair. You’re disrespecting my job of being non-partisan here and ensuring that the rules of this House are followed.

If the member has a problem with that, I would ask him to state it now through a motion. Otherwise, the member is being asked to withdraw his disrespectful comments towards this House and the job that I am doing on behalf of this House.

Interjection.

The Chair: Excuse me, Member? The member well knows what he said. The member is questioning my ability to chair this committee in a non-partisan fashion. The member will either withdraw, or he will leave the House.

M. Bernier: Well, I will withdraw whatever the Chair believes he heard. I’m unsure what that was, but I withdraw.

The Chair: I was preparing to say that we can focus on the policies, or we can focus on the personalities. I would caution the minister and all members of this House to focus on the work we are doing and not attacking each other. Thank you.

The member for Abbotsford West.

M. de Jong: I think the minister had something to….

The Chair: Minister.

[11:35 a.m.]

Hon. L. Beare: I apologize if my comment “deliberately obtuse” was in any way impugning the member. That was not the intent. I apologize.

The Chair: Thank you, Minister.

M. de Jong: Okay, back to the business at hand, then.

Drawing on the helpful information that the minister has provided…. She has advised the committee that has been convened to assess these matters, matters that have drawn the attention of the commissioner…. She has helpfully advised the committee that she does intend to provide a formal response and that she intends to do that at the appropriate time.

Forgive me, because if the fault is mine for not having understood or heard her answer, I’ll ask it again so she could repeat her answer. I asked her when, for members of the committee, she believed the appropriate time is for her to provide that formal response to the letter of October 20.

Hon. L. Beare: I’ve answered the question, Chair.

M. de Jong: Undoubtedly, the minister has. Forgive me that I didn’t hear it because of other activities in the House. If she could merely repeat the answer, then I would know it.

Hon. L. Beare: I have said that we have the legislation before us. We are appropriately debating it line by line.

The commissioner and I had a conversation on Friday. I have received his letter. It contained all the information that the commissioner told me would be in it on Friday. The commissioner will be my first call following this legislation.

M. de Jong: I think I understand the minister’s response a little bit better.

Is it fair for me to conclude then, and for other members of the committee to conclude, that the minister has no intention of providing a formal written response to the letter from the commissioner of October 20 until after these parliamentary proceedings have concluded?

Hon. L. Beare: I’ve answered the question.

M. de Jong: Does she believe that is a helpful way for the committee to proceed?

The Chair: Is there another question, Member?

M. de Jong: Undoubtedly.

The minister and the government have chosen to proceed in what I will characterize as an unreasonable way, that the independent officer of the Legislature has described as a baffling way. I will say that is a synonym for unreasonable, but those are my words, not his.

I’m curious to know why. The minister has been a member of this assembly. She is publicly elected. She is not unaware of the significant amount of criticism that she and the government have attracted. She has not used the word today in these proceedings, but it strikes me, and I think more than a few members of the committee, that she attaches some urgency to proceeding now.

I’ll simply ask that question. Is there, in the minister’s mind, urgency with proceeding with clause 1 and the subsequent clauses now, and if there is, would she describe for the committee what that urgency is?

Hon. L. Beare: No, I would not say that that categorization is entirely correct.

[11:40 a.m.]

I’d say that this process has been going on since 2017, beginning with consultation and continuing throughout the years — along with that, in developing consultation on policy and discussions with public bodies. There is a level of urgency on one piece of the legislation which we’re going to get to, which is the data residency piece. I know the member is going to have a lot of questions for me later on that. I’m so looking forward to that conversation, because we do have a ministerial order expiring on December 31.

I believe this is a piece of legislation that’s been developed with the need to balance the needs of people and of businesses, balance the concerns and the recommendations shared with us, and balance the consultation.

M. de Jong: Hon. Chair, the minister has referred to something that I think she is reported to have said yesterday, as it relates to clause 1 and the subsequent clauses in the bill — which is what prompted me to use the word “urgency.” In those publicly reported comments, she is reported to have said: “One of the important reasons for tabling the legislation this fall is that our ministerial order, which has been extended twice, expires at the end of December.” She has said that again.

Is that why, in the minister’s mind, it is fundamentally important for this bill to proceed and for this clause to proceed now — as opposed to, for example, in a subsequent spring session?

Hon. L. Beare: The world has significantly changed over the past 20 months with respect to the ministerial order, and I know the member did recognize that. I talked about that one piece of it as having urgency in the bill. We’ve seen the need for the services that are provided now to British Columbians through that order, and our public bodies need that certainty to be able to continue operating in the manner that they’ve been operating over the past 20 months.

So yes, that one piece does have a piece of urgency in it, but this is a comprehensive bill that has been developed over four years. That, combined with the outstanding recommendations of two special committees with public consultation, makes this a great time to table this bill.

M. de Jong: As it relates to the importance of clause 1 and subsequent clauses, what I think I’ve heard the minister say — again, she can correct me — is that the option of renewing for a third time the ministerial order that is presently in place was considered but rejected. Is that a fair synopsis?

[11:45 a.m.]

Hon. L. Beare: The act hasn’t been updated in over ten years. We have a ministerial order, which has been extended twice already. Public bodies do need certainty on that. That, combined with public consultation, with outstanding committees, without action previously being taken on this file, is landing us, in this fall, tabling this legislation.

M. de Jong: Again, I don’t think I would be pursuing or the committee would be as interested in these matters were it not for the advice the minister has received — and all members of the committee and the House have now received — from the Privacy Commissioner. It is, I suppose, communicated in the form of advice and opinion with respect to clause 1 and the subsequent clauses.

The minister received that advice — apparently, she received it prior to the tabling of clause 1 and the bill in its entirety — and chose to, in many key instances, ignore that advice. Did she do so on her own, or did she receive contrary advice from other sources on these matters?

Hon. L. Beare: If the member could please clarify the question for me. What is it he’s seeking?

M. de Jong: In a variety of areas, including the involvement of the special committee that exists, the minister confirms having received advice from the Privacy Commissioner. That advice is summarized in a letter that we now have before us.

In a number of key areas, she has chosen to proceed in a manner that is inconsistent with the advice she received from the Privacy Commissioner. I think she would agree with that as well. She has said as much. My question is: did she receive advice from other sources that she is relying upon in taking those steps?

Hon. L. Beare: Yes, the commissioner is one piece of input that we receive. We have public consultations, of which the reports are public and available to the member. I know the member knows that and has probably combed through them and has some great questions for me off of them. But yes, we’ve gone through public consultation, we’ve had round tables with sectors, we’ve had advice from the commissioner, we’ve heard from businesses, we’ve heard from people, and all of that has culminated in the draft legislation that we have before us today.

M. de Jong: With respect to that portion of the Privacy Commissioner’s letter that we have been focusing on for the past few moments, and that is the clear recommendation to engage the review of the special committee and a number of the issues that clause 1 and the subsequent clauses of the legislation purport to deal with, did the minister, as part of those public consultations, receive advice to the contrary — that is, not to involve the special committee? And if she did, could she point specifically to where that advice came from not to involve the committee?

Hon. L. Beare: The special committees of the Legislature have two series of recommendations already before me — two sets of them, which are 2010 and 2016 — which haven’t been acted on.

[11:50 a.m.]

M. de Jong: Well, that’s partially helpful and partially an answer.

The criticism contained in the letter from the Privacy Commissioner relates to affording the present special committee with an opportunity to review some of the matters not previously considered which present themselves in this legislation. Now, the minister has already agreed and made clear to the committee that she disagreed with that advice, and she has cited other advice and consultations.

My question to her is: with respect to that specific issue and that specific criticism in the letter from the Privacy Commissioner, did she receive advice from other sources, as part of the public consultation exercise or otherwise, not to involve the committee that exists today?

Hon. L. Beare: For the member, as I’ve said, I have two special committee recommendations already before me. That’s 2010 and 2016. The special committee does not review draft legislation. I’ve got the recommendations of the review of the legislation that I am now amending with this current draft legislation before us.

In terms of public consultation and if there were any comments regarding the legislative committee, not to my knowledge. I don’t remember or recall hearing any specific comments on the legislative committee.

M. de Jong: It doesn’t sound like the minister got any advice, through the public consultation process, suggesting that she should preclude the involvement of the present special committee. That’s, I think, what she just said.

Hon. L. Beare: Just to clarify for the member, the committee is involved. There are recommendations from 2010 and 2016. The committee doesn’t review the draft legislation that we have before us.

Again, clause 1. We’ve canvassed this a number of times. We’re on clause 1, which removes the letter “s.” I’m looking forward to debating the substance of the bill.

M. de Jong: With respect to clause 1 and subsequent provisions of the bill, and coming back to the pointed criticism offered by the statutory legislative officer, the Privacy Commissioner and the….

Maybe it’s time I re-read a portion of his comments. “It is not at all clear why government has chosen to move forward with amendments ahead of the special committee’s legislated work to review the act.” That is the special committee in place now. “To move forward with these amendments in a year that the special committee is tasked to do this work is baffling.” But the minister has chosen, and the government has chosen, to do that, contrary to the advice and observations of the Privacy Commissioner.

Did the minister receive any advice on that matter from the Premier’s office?

Hon. L. Beare: As I’ve said to the member, we have two recommendation reports from the special committee from 2010 and 2016, which are informing the package that we have before us. The committee doesn’t review draft legislation. I’m looking forward to debating the substance of the legislation with the member after lunch.

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

Motion approved.

The committee rose at 11:55 a.m.

The House resumed; Mr. Speaker in the chair.

The Committee of the Whole, having reported progress, was granted leave to sit again.

Hon. L. Beare moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourn until 1 p.m. today.

The House adjourned at 11:56 a.m.