Second Session, 42nd Parliament (2021)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Wednesday, November 17, 2021
Afternoon Sitting
Issue No. 131
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Islands Trust, annual report, 2020-21 | |
Orders of the Day | |
Proceedings in the Douglas Fir Room | |
WEDNESDAY, NOVEMBER 17, 2021
The House met at 1:34 p.m.
[Mr. Speaker in the chair.]
Routine Business
Prayers and reflections: P. Alexis.
Introductions by Members
M. Dykeman: It’s an honour to rise in the House today. I have two introductions.
The first one is that I am just thrilled to have two people joining me from my riding. Theo Warkentin and Roslyn Ritchie are over for some meetings with me today, and I’m so grateful that they made the trek over. I was wondering if the House could please help me make them feel very welcome.
My second introduction. I know that there is a group of LAs in the gallery. I wanted to introduce my LA, Trudy Maygard, who keeps me organized and puts up with me constantly being lost or having to tell me where to go. As we talked about our CAs recently in the House, we can’t do our job without the wonderful, qualified people that help us shine every day. I wanted to thank Trudy Maygard, and I was wondering if the House could please help me make them feel very welcome.
S. Bond: I would like to welcome some very special guests to the gallery today. They are concerned with the recent announcement regarding funding for autism supports and services. It’s a real pleasure to have them here to watch question period today.
I hope the House will make welcome Kaye Banez, who is the president of AutismBC, Vince Banez, Estella Banez and Lazarus Banez. Estella, while she might be young in years, is an incredibly powerful advocate. I would encourage everyone in this House to listen to her podcast. I’m told that she’s gathering in all these experiences, and I’m sure that will be a very interesting podcast that she produces.
Please help me make the Banez family welcome.
Hon. D. Eby: Today we’re joined on the precinct by Emily Ohler, chair of the B.C. Human Rights Tribunal, and Elena Pennell, a policy analyst from the Union of B.C. Indian Chiefs.
I also want to recognize some guests who intended to be here but weren’t able to join us because of the disaster currently unfolding in the province: Kasari Govender, Human Rights Commissioner; Chief Don Tom, Tsartlip First Nation and vice-president of UBCIC; Kúkpi7 Judy Wilson from Neskonlith First Nation, an executive member of the Union of B.C. Indian Chiefs; and Mary Ellen Turpel-Lafond, director of UBC’s Indian Residential School History and Dialogue Centre.
I thank those individuals for making an effort to come. Please join me in welcoming Emily and Elena to the House.
A. Mercier: I’d just like to introduce three spry young men who I think are no strangers to many in this House: Bruce Ferguson, Manuel Alvernaz and Merrick Walsh from the Labourers International Union of North America, LiUNA. Their youthful appearance may fool you, but they have spent decades building the critical infrastructure necessary to keep this province moving, maintaining and repairing it and supporting the workers who do so. Could we please give Manuel, Merrick and Bruce a big hand.
I. Paton: It’s my pleasure today to introduce one of the greatest door knockers in the history of Ladner, B.C. Young Rachel Loif is here today from Ladner with her friend Craig, from Ottawa. It’s their first time here visiting the Legislature here in Victoria. Rachel has been a great success story, helping me out in my riding. She has recently graduated from UBC and just wrote her first LSAT exam the other day. We wish her all the luck moving forward. Thanks for coming, and we wish them well.
Hon. N. Cullen: I have two very special guests joining us here today. Colleagues, as we’ve often said in this place, it’s our privilege to take our seats here, but we owe that to many other people in our lives.
To these two people in particular, I owe an obvious and greater debt. They are my parents, Marguerite and John, who are here today in the gallery. Literally, without them I couldn’t be here, not just by birth but also their undying support and love in this strange path that I have chosen — not simply for me but for my family. I am truly grateful for their support and often very clear instruction as to what I should and should not do.
Would colleagues please join me in making them feel welcome.
K. Kirkpatrick: It’s an honour to introduce two amazing women who I’ve recently become acquainted with. Julia Boyle is the executive director of AutismBC, and Amanda Flentjar is the regional coordinator, Vancouver Island, for AutismBC. They both work tirelessly on behalf of their own children and many other children across British Columbia. I’d like to thank them for joining us today.
Hon. S. Robinson: I have two guests joining us today in the gallery.
Along with the member for Coquitlam–Burke Mountain and the Solicitor General, I’m very excited to introduce Chief Ed Hall of the kʷikʷəƛ̓əm Nation, on whose territory I’ve had the privilege of raising my family.
Chief Hall has been a tremendous advocate for his people, working collaboratively with government to deliver on housing for his seniors and working to make sure that səmiq̓wəʔelə, the lands known as Riverview, deliver mental health services, recognizing the history of the territory, the history of the land as we continue to do work there.
The chief is joined by Gail Sidhu, his partner, who supports his work and who has had a significant career as a sergeant with the RCMP.
Chief Hall has been an amazing student of hən̓q̓əmin̓em, the language of the Stó:lō, over the past number of years. Every time I see him, he has enriched his language skills in an incredible way.
I want to finish off my greeting and my welcome with éy swáyel. ey kwels kw’etslome, el siyá:ye.
Good day. It’s good to see you, my friend.
Will the chamber please help me in acknowledging and welcoming these guests.
Mr. Speaker: Member for Kootenay East. West. East.
No, north. Peace River North.
D. Davies: As much as I do love the Kootenays, Peace River North is Peace River North. This is part of the new boundary commission stuff going on here.
Just to add to some of my colleagues that have introduced some folks up in the gallery today who are here, concerned about the recent announcement around autism. Please, would the House join me in welcoming Brock Sheppard. He is the program manager for AutismBC. I want to thank him and the others for coming down today to listen to the proceedings this afternoon.
A. Olsen: Today I’m honoured to stand and introduce members from the first Saltspring Island Pathfinders, which is part of the Girl Guides of Canada. I’m sorry that I wasn’t able to join them this afternoon. There was a bit of a timing issue.
Today I’d like to introduce the adult guiders — Mary Rowles, Jane Lizotte and Michelle Bennett-Peters — and, as well, the seven Pathfinder girl scouts: Mya Purvis, Grace Chamberlin, Megan Lizotte, Shelvy Bennett-Peters, Elizabeth Lee, Blossom MacAllister and Abby McColl.
I look forward to connecting with you at some point in the near future so that you can get all the badges and patches that you need. I’m sorry that we missed you today.
Will the House make them feel very welcome here.
Hon. M. Dean: Today it’s a pleasure for me to rise to introduce Mr. Colin Sparks. He’s a 16-year-old student from Royal Bay who lives in the neighbourhood in Metchosin. He’s a bright young man from my community. He’s very interested in politics, so he’s observing today. He was brought here by his father, Dale.
Also in the gallery today…. My amazing constituency assistant is here, Nubwa Wathanafa. Jared Butcher, my other amazing constituency assistant, isn’t here with her, but I recognize the work they both do, which is absolutely tremendous.
Also in the gallery are two of my assistants from here in the ministry office, Nicole Hansen and Kaitlin Morton, without whom I couldn’t get here and do all of my meetings on time and on schedule. I really appreciate all of their support.
Also from AutismBC, I do appreciate that today, as many members have already mentioned, we have Kaye Banez, Julia Boyle, Brock Sheppard, Selina Lim, Amanda Flentjar and Terri Hopkinson. I had a very productive meeting with them just before lunch. They’re passionate advocates, and I really appreciate the conversation that we had.
H. Yao: First of all, I want to take a moment to welcome one of our Richmond elected officials. He has been a champion in doing a lot of cross-cultural communications from Mandarin, Cantonese and English.
Every time when there’s a provincial policy coming out, a federal policy coming out or even a municipal policy coming out, you can always see social media with his face attached to a lot of really great messages to educate our constituents about the importance of our government’s policies and what we’re doing to better the life of Richmond residents.
Please join me in welcoming Coun. Chak Au and his guests.
T. Stone: It does give me a great deal of pleasure, as well, to welcome all of the folks that are here holding meetings with the government and the opposition to express their concerns with recent funding announcements related to autism supports. Specifically, I’d like to mention Selina Lim, who is the marketing manager with AutismBC, as well as Terri Hopkinson, who is the marketing assistant with AutismBC.
Thank you so much for making the effort to come to Victoria and to fight for your children. It was great to meet with you earlier today.
I would ask the House to please make them feel welcome.
J. Tegart: I also have some special guests in the gallery today. There is no greater advocate for children than parents. We know that in the education system, and we also know that in the autism world. Today I’d like to have you welcome Vanessa Taylor, Ryan Taylor, Lysander Taylor and Elisse Taylor.
Welcome. I know you’ll listen with a great deal of interest to the questions and answers today.
L. Doerkson: I’d like the House to help me with a birthday greeting today. I want to send a greeting home to 100 Mile House to a longtime member of this House, a past MLA for Cariboo-Chilcotin. She still watches the happenings of this place almost daily and has much opinion about it.
Happy birthday to Donna Barnett.
Introduction and
First Reading of Bills
BILL 29 — INTERPRETATION
AMENDMENT ACT,
2021
Hon. D. Eby presented a message from Her Honour the Lieutenant-Governor: a bill intituled Interpretation Amendment Act, 2021.
Hon. D. Eby: I move the bill be introduced and read a first time now.
Mr. Speaker, I’m pleased to introduce the Interpretation Amendment Act, 2021. This proposed amendment to the Interpretation Act affirms the province’s commitment to uphold and not abrogate or derogate from Aboriginal and treaty constitutional rights. It also underscores the importance of consistency with the UN declaration on the rights of Indigenous peoples when there are questions about the interpretation of provincial acts and regulations.
This legislation originated through feedback we received in the development of the draft action plan, and it evolved through a deeply collaborative co-development process with Indigenous representative organizations, including the First Nations Leadership Council. I’d like to thank them for their innovation and support in prioritizing this important work.
This legislation is another example of our government’s willingness to break new ground and take action to advance our shared commitment to respect, promote and advance the rights of Indigenous peoples. I’m proud that B.C. continues to be a leader in Canada in advancing reconciliation together with Indigenous peoples.
Mr. Speaker: Members, it’s the first reading of the bill.
Motion approved.
Hon. D. Eby: I move the bill be placed on the orders of the day for second reading at the next sitting of the House after today.
Bill 29, Interpretation Amendment Act, 2021, 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.
BILL 18 — HUMAN RIGHTS CODE
AMENDMENT ACT,
2021
Hon. D. Eby presented a message from Her Honour the Lieutenant-Governor: a bill intituled Human Rights Code Amendment Act, 2021.
Hon. D. Eby: I move the bill be introduced and read a first time now.
Mr. Speaker, I’m pleased to introduce Bill 18, the Human Rights Code Amendment Act, 2021. Indigenous people face disturbingly high levels of discrimination and racism in our province. Despite this, in a recent report put out by the B.C. Human Rights Tribunal, Indigenous complainants continue to be underrepresented among those seeking the tribunal’s assistance.
Bill 18 seeks to enhance and clarify existing protections for Indigenous people under the code. Currently the B.C. human rights code implicitly protects individuals based on the prohibitions against discrimination on the grounds of race, colour, ancestry, place of origin and religion. These amendments will add a protected ground of Indigenous identity to explicitly recognize the human rights code’s protections against discrimination and racism for Indigenous people.
In addition, Bill 18 will add a definition of Indigenous which was co-developed with Indigenous people and provides clarity that Indigenous means the First Nations, Métis and Inuit people of Canada.
Mr. Speaker: Members, you heard the question.
Motion approved.
Hon. D. Eby: I move the bill be placed on the orders of the day for second reading at the next sitting of the House after today.
Bill 18, Human Rights Code Amendment Act, 2021, 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)
GROUND SEARCH AND RESCUE VOLUNTEERS
J. Rice: When someone in British Columbia goes missing, they can rest assured that people are out looking for them. In North Coast, Prince Rupert Ground Search and Rescue is one of the many SAR groups responding to the call. These courageous individuals volunteer their time and effort to locate missing persons.
Prince Rupert GSAR recently purchased a new mobile command centre to allow the search crew to respond more quickly and efficiently to calls. It features a cell signal and hand radio booster antenna as well as signal booster repeaters, which allow SAR teams to communicate across greater distances. Inside they have a complete operational centre with space for the operations, planning and logistic departments and the search manager. It’s self-sufficient for at least three days with food, water, a backup generator and a battery bank.
With recent extreme weather events, we know more than ever the importance of search and rescue work. In the Fraser Valley, Vancouver’s Urban Search and Rescue team was deployed to help rescue over 270 people trapped between two mudslides. In Chilliwack, search and rescue helped save several people Sunday night after their home on Wilson Road was badly damaged by flooding. Numerous GSAR groups are engaged across the province as we deal with this emergency.
These British Columbians give their time and expertise without hesitation, often on a moment’s notice, risking themselves in some of the most dangerous situations, in a rugged environment, making sure someone in trouble stays alive. B.C.’s ground search and rescue volunteers battle the worst weather conditions and navigate the most dangerous terrain to find and rescue the lost and injured.
I want to take this opportunity to thank the 80 search and rescue groups and approximately 2,500 GSAR volunteers we have in this province.
Your work is invaluable to all British Columbians.
I also want to give a shout-out to my local Prince Rupert Ground Search and Rescue, who have recently been deployed on a multi-day mission and put their new command centre to the test.
Thank you for your service.
MIKE GRISDALE AND COMMUNITY
SUPPORT FOR WOODWORKING
SHED
S. Bond: I rise to share a story about a community coming together to support someone after a significant loss.
This is the story of Mike Grisdale. He’s a custodian who has worked hard and given a lot to our community. He’s been supporting his wife through a serious disease and praying for her to receive a liver transplant. To help him support his wife and relieve some of the stress of work, Mike spent time in his shed, focusing on woodworking projects.
Unfortunately, in September, tragedy struck when Mike’s shed caught fire and burned to the ground. This was absolutely devastating to Mike and his wife. But Prince George had Mike’s back. After his story was shared on social media, people throughout our community heard about what happened and pitched in to help. David Mothus and Caleb Wilson stepped up and partnered with Primus Electric to ensure that Mike got a new shed.
Whether it was people making small donations or actually getting a crane to place the replacement shed, Prince George was there to support Mike. You should have seen how this impacted Mike and his wife — the outpouring of love and generosity. Seeing a brand-new shed with brand-new tools, courtesy of his friends, neighbours and even complete strangers meant the world to him.
Sticking up for those facing hard times in our community means the world to us in Prince George. As people across the province are facing grief and loss, whether from the past year and a half of the pandemic, the heat dome earlier this summer or the terrible flooding and landslides this week, it’s so important to remember how British Columbians come together to help one another.
Whether it’s a major natural disaster or a man’s shed lost in a fire, British Columbians have each others’ backs. I am so proud of how we support our neighbours in this province, and the story of Mike represents just how we do that.
Thank you, Prince George.
RICHMOND CARES, RICHMOND GIVES
YOUTH
PROGRAM
H. Yao: Board directors of non-profits and charities are expected to exercise exceptional versatility and resourcefulness while leading organizations that they represent to fundraise, volunteer recruitment and coordination, event promotion and ticket sales, community celebration attendance and network with local leaders, hosting public engagement and advocating for great causes, budget evaluation, addressing operational challenges and much, much more.
It takes someone with an extraordinary passion, exemplary attention to detail, an admirable level of resourcefulness and unwavering dedication to serve on the board of a non-profit or charity. Most of all, it takes unique experience and knowledge to serve the position well. That’s why I want to take a moment to say how proud I am of Leadership Now — Richmond Cares, Richmond Gives’ Youth Now program.
On October 22, 2021, RCRG Youth Now celebrated their 17th anniversary. Up to that point, they had over 100 young adults graduated from the program. Led by Sydney Kuo, the program provides a rare opportunity for young adults to serve on the board of a local non-profit or charity. While they serve, they’ll be mentored by an experienced director, a partnership where organizations in Richmond come together to call on the young adults of today to become the leaders of tomorrow.
RCRG Youth Now is a remarkable program where passionate young visionaries will access the means and receive the guidance needed to better the community. I want to take a moment to express my gratitude to various organizations, community leaders and young adults who volunteer to serve a community in such a worthy capacity.
First, I want to thank Richmond Women’s Resource Centre, Richmond Addiction Services Society and Richmond Sharing Farm.
I also want to thank Tammi Belfer, Li Qing Wang, Cyrene Beavis and Sheilagh Pace for taking the time out of your busy schedule to mentor young leaders in our community.
Most of all, I want to thank the young leaders — Casey Skuce, Sadaf Sediqi and Brandon Kato — for sharing your time, energy, vision and dedication to help us all make Richmond a better place.
ADOPTION AWARENESS
K. Kirkpatrick: Chongqing is a city of nine million people situated in south central China two hours west of Shanghai. At 7:30 a.m. on November 4, 2003, 36 prospective adoptive parents from British Columbia, including me, friends, companions, boarded the bus from Chongqing for the two-hour trip to the Fuling orphanage. Shivery anticipation prevailed, in spite of the 31 degree temperature.
The chaos of Chongqing gradually gave way to rice paddies and rural agriculture. Crossing the Yangtze, we arrived at Fuling at nine o’clock in the morning. A crowd of local residents quickly gathered as we stepped down from the bus and descended a very narrow road up to the orphanage. The rest, for me, is a bit of a haze until I was handed a beautiful, screaming baby. She looked up at me, stopped crying and immediately fell asleep, much to the envy of all the other new parents.
November is Adoption Awareness Month. Families take many different forms. There are people in this House, like myself, who have built their family or joined their family through adoption. Now, that’s part of my story.
I want to take this opportunity to draw your attention to the many children in care in this province waiting for adoption. Without adoption, many of these young people will remain in care for the rest of their childhood. There are approximately 750 children in care ready to be, and deserving to be, part of a loving and supportive family.
Adoptive families are incredibly diverse, just like the rest of us. Most children in care waiting for adoption are between four and 18 years old. Forty percent are part of sibling groups, and 59 percent are Indigenous, needing culturally appropriate homes. Some of these beautiful children have additional needs brought about by early abuse or neglect.
I would ask British Columbians to consider the adoption of a child or sibling group from care. It’s a huge commitment with a huge return.
Open your hearts and reach out to the Adoptive Families Association of B.C. to learn more about this wonderful, life-changing journey.
PUNJABI LITERATURE AND LANGUAGE
R. Singh: Today I rise to highlight Punjabi Literature Week in British Columbia.
Punjabi has been spoken in British Columbia for over 120 years, and Punjabi language and literature are embedded in the rich cultural and literary traditions of Punjab in both India and Pakistan. Being a Punjabi myself, I feel proud of the efforts of our community Elders who have been fighting for years to keep our mother language alive in this part of the world.
This week allows families like mine, and those across British Columbia, to stay connected to our roots and pass it on to our children.
Over the weekend, I had the opportunity to attend an event by Dhahan Punjabi literary awards to honour three amazing Punjabi writers from India and Pakistan: Nain Sukh, Balbir Madhopuri and Sarghi Jammu. The Dhahan Prize for Punjabi Literature celebrates the rich culture and transnational heritage of Punjabi literature and language. The prize aims to promote the growth of the Punjabi language globally as well as to encourage new, emerging and established writers working in the two Punjabi scripts, Gurmukhi and Shahmukhi.
Being Parliamentary Secretary for Anti-Racism, it warms my heart to see Dhahan Punjabi literary awards work on cross-cultural and reconciliation initiatives. They are honouring authors who have written on racism, social justice and residential school survivors. It’s an organization committed to building bridges with First Nations, who are the original stewards of this land.
I would like to encourage all Punjabi-speaking British Columbians to use this week as an opportunity to share Punjabi literature with one another and foster connection and communication through storytelling.
COMMUNITY RESPONSE TO
FLOODING IN
ABBOTSFORD
B. Banman: I rise in the House today to deliver this statement not only as an MLA but as someone who has called the Fraser Valley home for my entire life, as do my children and grandchildren, and as did my parents, grandparents, great-grandparents and great-great-grandparents.
I am truly at a loss for words to describe the pain and grief I feel today and share with thousands of other people across the Sumas Prairie and British Columbia as we witness the utter devastation of our roads, our homes, our livestock, our livelihoods and the lives we’ve built in Abbotsford and British Columbia.
We have not seen destruction, loss and heartache like this in our community since the flood of 1948, a flood my ancestors lived through themselves. But just like in 1948, Abbotsford and British Columbia will rise from this crisis stronger than ever before.
Today, in one of our darkest hours, I want to reflect the grit, the determination, the bravery and the unprecedented spirit of community so many of our local heroes have shown and continue to show in this time of need.
They are not limited to the incredible local leaders, emergency responders, search and rescue services and Canadian Forces, whose actions are saving countless lives. They are our neighbours, our friends, our fellow Abbotsford residents, and strangers.
They are people going door to door to check on neighbours to ensure that they’re okay. They are people who are grabbing boats, jet skis, even renting private helicopters to help their neighbours, friends and family move livestock, gather essentials or get each other to safety.
They are volunteers at our gurdwaras, our churches, preparing thousands of meals for people in their time of need. They are the people across our province opening their doors to displaced families, offering clothing and shelter to those who have none. They are the individuals who are working through the night, sandbagging our roads, our pump station and our shelters to protect what we cannot afford to lose.
There are, literally, too many acts of heroism for me to recognize and too many people to thank in these short two minutes. It is the countless actions of these men and women that give me and everyone in our community hope, that show the world that we will overcome these challenges and come back stronger and that remind me why I am so proud to call this amazing community and province home.
Oral Questions
SERVICE MODEL CHANGE
FOR CHILDREN WITH SUPPORT NEEDS
AND FUNDING FOR AUTISM SERVICES
S. Bond: Today in the gallery, there are a number of families who have children with autism. They wanted to come to Victoria today to ensure that every single MLA in this chamber understands how concerned they are about the recently announced changes that may impact the support that they have worked so tirelessly to put in place for their children.
They represent thousands of parents across this province. They’re here to ensure that every MLA, and the minister, hears their story.
Vanessa Taylor and her husband, Ryan, and their children are here today. This is what Vanessa wants the minister to know: “I have been listening intently to the minister committing to provide the proverbial magic bullet while at the same time pointedly singling out every single autistic child, including my own two. The minister would be mistaken to think that I am not offended to hear her repeatedly use false justifications to take my individualized funding away.”
Today will the minister listen to Vanessa, to her family, to other parents that are in the gallery and across British Columbia, do the right thing and reverse her decision?
Hon. M. Dean: Nothing is more important than making sure that vulnerable children and youth across the province of British Columbia receive the services that they need.
They need to receive those services as early as possible. They need to receive them in a way that meets their needs and is matched to their needs so that their needs are met and they’re able to thrive and they’re able to be launched into a wonderful pathway to fulfil their potential.
As we move into the implementation of the new framework, families with children with autism will continue to receive services. They will continue to receive services under the new framework. In addition, families with children who currently don’t receive services but do have needs will also be able to receive services.
Families with children where there is a concern that they might have autism, and they’re waiting for a diagnosis for autism, which can take up to a couple of years…. Those children and youth will also receive services, irrespective of that diagnosis but based on their needs.
By providing those services based on the unique needs of those children and youth, we are going to help them thrive, we’re going to help them meet their goals, and we’re going to build success for their future.
Mr. Speaker: Leader of the Official Opposition, supplemental.
S. Bond: For weeks now, we’ve been asking the minister the same questions, and we hear the same answer. We’ve been very clear in our questions that this is not about only autistic children in British Columbia; it’s about children and families who are supporting children who have special needs.
This minister continues to say that we need to meet and match their needs. What we are saying and, more importantly, what parents are saying today to this minister is that they know how to do that best. They have spent countless years, in many cases, providing supports that are necessary, and they are working.
Not the families nor the opposition have ever said that it is either-or for families in British Columbia. There is a system that is working, and this minister and government should be building on that system to close the gaps and better serve all families who have those needs. That’s the message that’s been delivered day after day to this minister.
This week 24 diverse organizations from across the disability sector, 24 organizations — and it continues to grow — met to discuss the NDP’s clawback of funding. This is what they have to say. “Our organizations, representing over 30,000 families in British Columbia, unanimously confirm that we were not consulted on these changes. We continue to point out dangerous flaws in the minister’s plans, but she continues to disregard our experience and our expertise.” Not my words. Not the words of the opposition. The words of a coalition representing 30,000 families in British Columbia.
Families and representatives are here in the gallery today. Their ask is reasonable. Their ask is appropriate. What they want this minister to do is to press the pause button and engage in meaningful consultation with thousands of families who have not had the opportunity to say a single thing about changes that will impact their children.
To the minister, again, will she do the right thing? Will she press the pause button and engage in meaningful consultation so that any changes that may need to take place are done in consultation, collaboration and partnership with parents?
Hon. M. Dean: It is very important to make sure that we’re working in partnership with parents and in collaboration with agencies, service providers, experts and advocates from the sector. We value the experience and the feedback that we’re receiving.
This process started back in 2019, where we did a large process of consultation with over 1,500 individuals. That included families and agencies and service providers. We were also listening to the Representative for Children and Youth, who has written numerous reports recommending to the ministry that we move towards a needs-based system and pointing out the problems with the current system. We’ve heard from many, many families that their children are left behind and that services are locked behind a diagnosis, and it can take up to two years to receive a diagnosis.
If your child is two or three when you notice that you may have a concern about their development, that’s a long time in that child’s life where they’re potentially missing milestones and important stages of their development.
We are now at this point in the journey, working through this process up to 2025. We are now establishing sessions where families, where service providers, where experts from the sector can have really detailed discussion with ministry staff and share feedback, share concerns and share discussions about solutions.
We want to build a successful system that serves the needs of all children and youth. I’ve been continuing to listen to a range of organizations and agencies across the province who have an interest and who have expertise in this area. I am committed to continuing to do that in the interests of making sure this is successful.
K. Kirkpatrick: The minister says it’s very important to be working with the families, but we’ve heard over and over and over again that those families haven’t been consulted or had discussions. We already have heard that the 1,500 parents consulted and the Representative for Children and Youth never discussed the hub model that’s being proposed in the new CYSN framework.
The families here today want the minister to meaningfully consult with children and youth that will lose their funding because of this clawback.
Nathan Lee is 16 years old. He writes: “If I were to lose my funding at this stage, as some kids will under the new system, I would struggle even more in the areas I’ve worked so hard on improving.”
Madison Ross is 12 years old, and her MLA is the member for Burnaby-Lougheed. She says: “Please don’t take away my funding.”
Will the minister listen to the voices of these youth who are calling on her to end the clawback, go back and change and reverse the decision?
Hon. M. Dean: Yes, we will be listening to children and youth as well as their families. It is absolutely important that we wrap a circle of care around children and youth that is based on their needs. They need the right services at the right times, and as they grow and develop and evolve, those services need to change in consultation and in partnership with them as well.
What we will be doing as we move through the transition is…. We’ll be working with families. We’ll be working with children and youth. We’ll be working with their care providers and their package of care. If they’re fortunate to have been able to create a system of care around their needs, then we’ll be working with each individual family, because each child and youth is unique. They have their own needs, and we need to build that package of care and support around them. But we do need to be needs-based.
Even the all-party Select Standing Committee on Children and Youth, when it conducted a special project on children and youth with neurodiverse special needs in 2019, recommended that government ensure services and supports in the early years are based on need and functional ability and provided prior to diagnosis. The committee recognized that neurodiversity, regardless of a diagnosis, exists on a spectrum, and as such, each neurodiverse child is unique and requires their own intervention plan which best supports the child and their individual needs.
That’s exactly what our service framework will be delivering.
Mr. Speaker: Member for West Vancouver–Capilano, supplemental.
SERVICE MODEL CHANGE
FOR CHILDREN WITH SUPPORT NEEDS
AND INDEPENDENT DISTRIBUTED LEARNING
K. Kirkpatrick: It’s unfortunate that the minister cannot see the faces of the families that are sitting in the gallery today as she speaks. The minister talks about a circle of care and the importance of a circle of care. Well, these children already have a circle of care.
Kaye Banez is here today with her husband, Vince. She says: “Our children Lazarus and Estella and over 15,000 children are currently enrolled in IDL schools. We are extremely troubled and distressed about the changes that threaten to take our children away from the only inclusive education environment that works for them. Please do not take away the schools that are shaping our children’s character, values, culture, potential and their love of learning.”
On October 21, the Education Minister told AutismBC she was considering a one-year delay. Will the minister publicly commit today that she will pause her changes and meaningfully consult with parents?
Hon. J. Whiteside: Thank you very much to the member for the question.
I know that we all share, in this House, a commitment to ensuring that all children in British Columbia have access to a quality online program, if that is what parents choose and if that’s what students choose.
That, indeed, is the objective of the changes that we are contemplating to our online programming — that is, to ensure that as that program has developed over the years, we ensure we have common standards, common quality and equal access across the entire province for all of British Columbia’s students.
We have been, for many years now, reviewing our online programming. We’ve been engaged in discussions with families, with organizations who advocate for students who are enrolled in these programs. We are certainly looking at a transition period that ensures that all of the needs of families and children involved in this program are properly supported so that if, indeed, there are transitions that need to be made, those are properly supported. That will take place over the next two to three years.
I think, as the members know from earlier briefings that we have had with members, the changes contemplated for the independent programs have been extended out so that we can ensure that we’re providing those supports for those transitions.
SEVERE WEATHER EVENTS
AND PROTECTION OF CRITICAL
INFRASTRUCTURE AND SUPPLIES
S. Furstenau: The rain has subsided, but the impacts of the climate disaster in our province continue. The Coquihalla has been washed away in multiple sections. Highway 7, Highway 1, Highway 99 and Highway 3 have all been impacted. The Malahat remains impacted. They’ve either been flooded, buried in slides or washed away.
People are working around the clock to get the highways and roads cleared, to save people who are trapped and to stop the water from rising catastrophically in the Fraser Valley. To the emergency workers, highway maintenance crews, municipal workers and Good Samaritans, we say thank you.
I’ve been reading The Future of Atmospheric Rivers and Actions to Reduce Impacts on British Columbians, a project delivered in partnership with the B.C. Ministry of Environment, Pacific Institute for Climate Solutions and Pacific Climate Impacts Consortium in 2014. It identifies that atmospheric rivers will be more frequent and more extreme, particularly in coastal British Columbia, and that the following impacts were identified as greatest concern: mortality, isolation of communities and loss of critical infrastructure.
Three of the recommendations from the report are about infrastructure: to develop maps of critical infrastructure, assess the vulnerability of critical infrastructure and relocate critical infrastructure where needed.
My question is to the Minister of Transportation. What work has his ministry done in the past two years to assess the state of critical infrastructure in B.C. and to pinpoint the potential fault lines of our highways and roads?
Hon. R. Fleming: Thank you to the member for the question.
If I could pick up where she began, praising the efforts of British Columbians who have opened their doors and opened their hearts to one another, seeing each other in very difficult circumstances, flooded out of their communities and put on a herculean effort to make people welcome and to shelter in place.
Our thanks go to every British Columbian who has been part of that effort. There are thousands of volunteers that are engaged right now in doing that. There are men and women who have worked in heavy rescue teams, who are working on road maintenance contractor crews that are working to restore rail and highway connectivity.
It’s our job as the government to coordinate every resource possible — emergency response, coordination with the federal government, working with engineers, with contractors and others — to restore connectivity. Right now, as the member knows, the Lower Mainland and the Interior and the North of the province are severed through our highway systems.
I am pleased to have been able to provide an update to the province — along with the Premier, the Solicitor General and the Minister of Agriculture — earlier, some news that does give a timeline, which everybody is eager to have, about when that connectivity might be restored. We are looking…. Hopefully, we’ll have an update for the member and all members in the House later today on Highway 7 finally getting a connection from Agassiz to Hope.
Highway 3. The work is in earnest to have an interior route that will connect the Lower Mainland of British Columbia.
Highway 99. Work is progressing, and we will have an update by the end of today on what the projected opening date is on that highway.
Of course, as she mentioned, the Highway 1 Malahat is functioning. It’s supported now by additional ferry service that is going from Swartz Bay to Duke Point to make sure that essential goods, services and travel can happen and that the south Island is connected to the mid- and north Island.
The issue around resiliency of infrastructure is one that our government has worked on for the past four years, since forming government. We’ve worked with her and her caucus in the previous mandate to increase the budget and resources for strengthened road networks, to shift towards sustainable transportation topics.
It’s a $7.6 billion infrastructure budget today. As I’ve said to the member earlier, we will spare no expense and dedicate every resource possible to rebuild and recover the infrastructure that British Columbians built. They are eager to work with our government to rebuild the B.C. that they built in the first place.
Mr. Speaker: Leader of the Third Party, supplemental.
S. Furstenau: I thank the minister for his response. It was about 90 percent about the reactive response, and what I was asking about was proactive work that has been done in response to multiple reports that we have had over decades about the impacts of climate change.
The Port of Vancouver has been cut off from the rest of the province. We’re already seeing the impacts of food shortages, panic-buying in grocery stores, gas shortages. Videos and photos from last night show the desperation and concern of British Columbians in being able to feed their families. There’s a line of people wrapped around a Fraser Valley Walmart three times over. Shelves in Prince Rupert, Kamloops and even Victoria are empty. And gurdwaras in Surrey have rented helicopters to fly food to those stranded in Hope.
Sumas Prairie is flooded near catastrophic levels, according to the local government. The Fraser Valley produces 50 percent of this province’s dairy, eggs and chicken, and tragically, many livestock will not have survived. This is devastating for farmers and for this province, and people need to hear from this government what concrete steps are being taken to ensure that there will be food available in the weeks and months ahead.
My question is to the Minister of Agriculture. What are the contingencies for our supply chains of food across B.C., and how has the ministry prepared for events like this?
Hon. L. Popham: Thank you for this very, very important question.
This is a devastating time for farmers in B.C., especially those in the Fraser Valley. We have spent days communicating with hundreds of stakeholders around the situation.
I can tell the member that as we reach people — this is still playing out — they’re glad to hear from us. They know we have their back. But when we ask them what we can do in the immediacy, they’re lost for an idea, because it’s still happening.
As things change, especially over the last 12 hours, we’ve seen some areas dry out. But there are some areas that are under threat, and the areas that are under threat include thousands of poultry in barns, more dairy cows, all different types of animals that are trapped in barns. They are injured. They are getting sick because they’ve been in cold waters. And we see the desperation of farmers trying to save their livestock, trying to move them from one barn to another. The efforts are heroic, and I can’t even express how thankful I am that we have such a resilient agriculture community.
To the member’s question of what are we doing to make sure that we have a resilient food supply, my ministry….
Interjections.
Hon. L. Popham: The members across the way are thinking I’m taking too long to talk about a disaster that’s unfolding in the province of British Columbia.
Interjections.
Mr. Speaker: Members, let’s listen to….
Continue, Minister.
Hon. L. Popham: Thank you.
The members might be interested to know the stories of the farmers. It’s playing out right now. Right now.
Interjections.
Mr. Speaker: Order.
Interjections.
Mr. Speaker: Members. Order.
Conclude, please.
Hon. L. Popham: Thank you, Mr. Speaker.
My ministry works every day on the issue of resiliency and sustainability when it comes to our agriculture food system in B.C. I can tell the member that there is a lot of enthusiastic shopping that’s going on. We wish that people would be measured in their purchases. It’s not necessarily about the fact that we’re going to run out of food. We are re-jigging ways to distribute it right now. We’re working with suppliers, and we will be able to do that.
We won’t run out of food as a province. This province is a strong supporter of supply management, and we know that because of our national producers, where we are not able to produce, other provinces will help us out until we get back on our feet.
EMERGENCY ALERT SYSTEM
AND GOVERNMENT RESPONSE
TO
SEVERE WEATHER EVENTS
J. Tegart: Since 2019, emergency alerts have been issued 80 times in Alberta, 101 times in Saskatchewan and 202 times in Ontario. In British Columbia, zero.
We are alone as the only province not to use emergency alert to provide advance warning to British Columbians. Not after the devastating forest fires of 2018. Not for the deadly heat dome which claimed 600 lives. Not for this summer’s destructive wildfires that razed Lytton to the ground. Now not even for the devastating floods and landslides that we face right now.
Can the minister tell us when and why this government chooses not to use emergency alerts?
Hon. M. Farnworth: I thank the member for the question.
As the member will know, because she had asked before, this government has committed to putting in place the use of the emergency alert system — to be able to do much more condensed notification on specific emergencies — for next year, starting in the central Interior.
As the member will also know, there are a variety of alerts that are used by communities in the province. One of the things we have to ensure is that any system that is put in place in this province is compatible with that which is used by local government and to avoid duplication. We are working with those communities and First Nations to ensure that we will have a system using that first alert and that when it’s in place, it works.
I’d also remind the member of this. It is a tool. It is just one tool, in terms of notifications that are used throughout the province. It is not a silver bullet, and the member knows that. We have committed that one will be in place, starting in the central Interior, for next summer.
Mr. Speaker: Member for Fraser-Nicola, supplemental.
J. Tegart: As the minister will know, I’m very aware of a lot of the devastation that has happened in this province.
I would remind the minister that Alberta managed to warn the people of the severe weather event this weekend. So did Washington state. This government did nothing. They learned not a single lesson from the heat dome or the forest fires. British Columbians are paying the price for this government’s incompetence.
How bad does it have to get before the government actually uses an emergency alert system?
Hon. M. Farnworth: I appreciate the question from the member.
I will remind the member of this. There is significant work that took place in advance of and during this storm. There were updates on Drive B.C., where people get drive information, stream flow and flood warnings in place and communicated to local governments, communication between EMBC and local communities and, at the same time, communication between myself and the federal government.
This was a rain event, a weather event, of unprecedented proportions.
Local governments had crews out all weekend. Transportation and highways had crews out all weekend.
Interjections.
Mr. Speaker: Members.
Continue.
Hon. M. Farnworth: I will tell you something else. When it comes to the use of an alert….
The member talked about the flooding that’s taken place in Abbotsford. EMBC was in constant communication with the city of Abbotsford. I was in constant communication with the mayor of Abbotsford. They asked to be able to use an alert. One was put together, in place. We were ready to send it. They then said: “No, we don’t need to do it at this point. We will ask you when to do it.”
I will tell you this….
Interjections.
Hon. M. Farnworth: I find it really interesting that on a situation involving flooding — and I’m giving a detailed answer — they really don’t want to listen.
I’ll tell you this. When it comes to putting in place when and how to use an alert, I will always rely on the expertise of the people on the ground, like the rescue people in Abbotsford, like the mayor in Abbotsford, who knew exactly what they wanted to do and when they wanted to do it.
That is how decisions will be made. They will never be based on Twitter.
Interjections.
Mr. Speaker: Members.
Hon. M. Farnworth: They will always be based on the expertise of people who know exactly…
Interjections.
Mr. Speaker: Order.
Hon. M. Farnworth: …what they’re doing and when it needs to be done.
Interjections.
Mr. Speaker: Members, let’s have the courtesy of asking a question and listening to the answer and vice versa, please.
B. Banman: This is a tragedy of unparalleled scale. Dire weather forecasts were clear on Friday. On the U.S. side of the border, a flood warning was issued for the Nooksack River on Sunday at 3:40 p.m.
On Monday, Gov. Jay Inslee issued a severe weather emergency proclamation and implemented emergency procedures. The U.S. flood sirens in Sumas, Washington could be heard in Abbotsford.
This area is home to a huge population of livestock, poultry — farmers that provide, as we’ve heard, on the low end, 50 percent of the food for British Columbia. Despite being reminded of the risk on Monday, zero steps were taken to initiate an evacuation plan that could have saved thousands and thousands, if not hundreds of thousands, of animals.
The Emergency Program Act regulation says the duties of the Agriculture Minister are to “coordinate the emergency evacuation and care of poultry and livestock.”
My question to the minister is: now that we’re in the thick of it, now that it’s too late, what resources are being devoted now to ensure that there is feed and water for the animals that actually have survived? What’s being done now, today?
Hon. M. Farnworth: I appreciate the question from the member.
I can tell the member that right from the beginning, emergency officials in communities right across the lower part of the province, in the Fraser Valley, started to enact emergency plans. Resources were deployed by EMBC at the local level to deal with the situation as it developed, rescuing people, ensuring that we are able to cope and that communities are able to cope….
Interjections.
Hon. M. Farnworth: That’s right from the get-go, hon. Speaker.
Whether it was the Joint Rescue Coordination Centre dispatching the Cormorant helicopters to come and get people who were trapped between the slides on the very day that that storm started, right through last night, getting people in terms of the evacuation order — every resource is being deployed and will continue to be deployed to deal with this situation. The idea that that is not taking place is simply wrong.
[End of question period.]
Tabling Documents
Hon. J. Osborne: I have the honour to present the Islands Trust Annual Report 2020-21.
Standing Order 35
REQUEST TO DEBATE A MATTER OF
URGENT PUBLIC IMPORTANCE —
RESPONSE TO SEVERE WEATHER EVENTS
P. Milobar: I rise pursuant to Standing Order 35 to move adjournment of the House to discuss a matter of definite and urgent public importance, specifically the B.C. government’s response to the emergency flooding and landslide situation that has unfolded across our province.
The urgency of the debate arises from a number of circumstances, the first being the imminent risk to people’s lives and livelihoods in the wake of these floods, landslides and now even fires, and the second being that there is very little time left in the legislative session for us to come together to discuss a path forward when it comes to this evolving emergency situation.
Now, 2021 has shown us that we have to take decisive and immediate actions in an emergency. If there are gaps in the response, and the process is tied to that response, we need to resolve them now. With respect to section 10 of Standing Order 35, the motion is well within the limitations as outlined, specifically with respect to subsection (c): “the motion must not revive discussion on a matter which has been discussed in the same Session.”
I would argue that events of the past four days, particularly overnight, with regards to the urgent evacuation of the Sumas Prairie in Abbotsford and the unfolding large loss of livestock, have not yet been canvassed in this House and are deserving of our immediate attention. I submit that these latest developments in this tragic situation represent a new matter, rather than an ongoing one, as described on page 85 of Parliamentary Practice in British Columbia, fourth edition.
While it’s not always possible in these instances, where a matter is known in advance, members are encouraged by this practice recommendation to give notice to the Speaker — this matter having been revealed overnight and this morning.
In closing, I submit that the 60 minutes of debate allowed for under Standing Order 35 does not constitute an unreasonable interruption of the regular business of the House. It is my hope that the government and Third Party will agree.
Hon. M. Farnworth: I appreciate the comments from the Opposition House Leader, but I would disagree at this point in terms of the need for an emergency debate.
Interjections.
Mr. Speaker: Members.
Hon. M. Farnworth: I notice questions being asked in question period in order to get answers. That has taken place. I also noticed that the member did refer to the practice of communicating ahead of time with the government. That did not take place. The issue is not….
Interjections.
Mr. Speaker: Minister will continue.
Hon. M. Farnworth: The issue has been unfolding since the weekend. Response has been taking place since the weekend. We have been sitting in this House since Monday. I would, at this point, say that we do not see the need for an emergency debate when efforts are already ongoing, the state of emergency has been in place, and actions are being taken. So at this time, we would not support having a debate under section 35.
S. Furstenau: I fully support the motion from the Opposition House Leader to have this emergency debate. I think that one of the reasons that we need to have it is because as this emergency is unfolding, British Columbians from all regions of this province need to know about the next steps that are being taken, the proactive measures that they can expect from this government.
Canvassing this in question period is not sufficient at this time. There needs to be the capacity for members to be getting those questions and getting responses from government at a time when we are facing what is one of the most significant emergencies this province has ever seen. If there is a time for an emergency debate in this House, this is the time.
I encourage the government members to recognize that it is a service to all of our constituents, to everybody that we represent in this province, to have this debate and to show that we are engaging in the questions that they want to hear asked and answered and that we are engaging in a way that is productive and constructive, in a way that they can now understand what’s happening in here and how that’s going to affect them in their lives in the days, weeks, months ahead.
I think that there is an absolute need to set aside our regular scheduled duties in here for one hour to have this debate. I implore all of you to do your very best at this time to allow for this legislative House and every member of it to do our best work together.
Mr. Speaker: Thank you, Members. The Chair will take this under advisement, and it will render its decision momentarily. Give me a few minutes.
In the meantime, we’ll continue with other business.
Motions Without Notice
COMMITTEE OF THE WHOLE
TO SIT IN TWO
SECTIONS
Hon. M. Farnworth: I seek leave to move a motion:
[GENERAL
1. That the House be authorized to sit in two sections, designated Section A and Section B, to be subject to the rules that follow.
2. That Section A sit in such committee room as may be designated from time to time, and that Section B sit in the Legislative Chamber.
3. That Section A be authorized to consider bills at committee stage after second reading thereof, and for all purposes be deemed to be a Committee of the Whole House, and that the Standing Orders relating to the consideration of bills in a Committee of the Whole House be applicable to such proceedings.
4. That Section A and Section B be authorized to examine any public bill appearing on the Orders of the Day at committee stage, which may be considered in the order determined by the Government House Leader in accordance with Standing Order 27 (2).
5. That bills previously referred to a designated Section may at any time be subsequently referred to another designated Section, as determined by the Government House Leader in accordance with Standing Order 27 (2).
COMPOSITION
6. That the Deputy Chair of the Committee of the Whole or their designate preside in Section A.
7. That Section A consist of 11 Members, not including the Chair, being seven Members of the Government Caucus, three Members of the Official Opposition Caucus, and one Member of the Third Party Caucus.
8. That the Members of Section A be: the Minister who is in charge of the bill under consideration and Hon. Lisa Beare, Garry Begg, Bob D’Eith, Hon. Mike Farnworth, Hon. Selina Robinson, Niki Sharma, Lorne Doerkson, Trevor Halford, Karin Kirkpatrick, and Sonia Furstenau.
9. That substitutions for Members of Section A be permitted with the consent of the Member’s Caucus Whip, where applicable, or otherwise with the consent of the Member.
10. That Section B be composed of all Members of the House.
DIVISIONS
11. That, when a division is requested in Section A, the division bells be rung four times and the division proceed in accordance with Standing Order 16.
12. That, when a division is requested in Section B, the division bells be rung three times, at which time proceedings in Section A shall be suspended, and the division proceed in accordance with Standing Order 16.
13. That, if a division is underway in Section A at the time that a division is requested in Section B, notwithstanding Standing Order 16 (2), the division in Section B shall proceed 10 minutes after it is requested.
REPORTING
14. That, at 15 minutes prior to the ordinary time fixed for adjournment of the House, the Chair of Section A shall report to the House.]
A copy of the motion has been provided to the official opposition House Leader and to the Leader of the Third Party.
Leave granted.
Mr. Speaker: The motion moved by the Government House Leader is to enable the House, for the remainder of this session, to undertake concurrent proceedings and to designate it into Section A and Section B.
Motion approved.
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading of Bill 28, Forest Amendment Act.
In Section A, the Douglas Fir Room, which will start at 3 p.m., it will be Committee of the Whole on Bill 20, Access to Services (COVID-19) Act. After that, it will be Committee of the Whole, Bill 22, the FOIPPA amendment act.
[S. Chandra Herbert in the chair.]
Second Reading of Bills
BILL 28 — FOREST AMENDMENT ACT, 2021
Hon. K. Conroy: I move that Bill 28, the Forest Amendment Act, 2021, be read a second time.
Our forests make B.C. one of the best places to live. They’re cherished places for us all, supporting plants, wildlife and our watersheds. Our forests have been a source of family-supporting jobs in all regions of British Columbia for generations and continue to be an integral part of the fabric of who we are as a province. We all want to leave healthy forests as a legacy for our children and grandchildren, and we know if we take care of our forests today, they will be there for future generations.
However, we know that our forest industry is facing a number of challenges, whether it’s wildfires, the impacts of pine beetle, climate change or old policies that consolidated control of our forests in the hands of too few. Past practices aren’t working and need to change. Trees have been cut down when prices were high, and mills have shut down when prices were low.
There is significant concentration of forest tenures in the province, and we know almost all of the available forests for harvesting are already under tenure. This makes it challenging to promote innovation and attract new participants to the sector, including value-added operations and made-in-B.C. manufacturing. This short-sighted approach has left workers and communities behind, ignored First Nations rights and title holders, and has left some of our most rare and ancient forests at risk.
We will fail British Columbians if we keep the policies of the past. We owe it to them to fix these problems and take care of our forests. That’s why we’re taking a different approach to better share all of the benefits of our forests for today and for generations to come.
Our government believes in a healthy and vibrant forest sector where First Nations and the people who live near the forests are the first to benefit from this public resource. New tools in our toolbox are required for government to realize that vision.
These amendments will provide government with a new legislative tool called special purpose areas. These special purpose areas will allow government to reduce timber harvesting rights of existing forest tenure areas, fairly compensate the tenure holders and redistribute the harvesting rights to First Nations, community forests and B.C. Timber Sales.
Additionally, amendments to the Forest Act will give government a new mechanism to redistribute forest tenure to advance reconciliation and support our market pricing system. For tenure holders, new compensation rules will provide greater certainty around compensation levels in situations where harvesting rights are altered. The compensation will be based on the contract between government and the agreement holder and ensure the payment is based on the reduction in harvesting rights held by the agreement holder.
The new compensation provisions will address vague language in the existing legislation and protect British Columbians and government from windfall settlements while providing fair compensation for agreement holders. Where we see the downward pressure on the available timber supply, government needs to make sure that the industry remains competitive and diverse.
New tools ensure that license reductions will support small- to-mid-sized operations and First Nations licence holders when the allowable annual cut is reduced across the timber supply area. These changes will ensure that First Nations are meaningful partners in how forests are managed and that communities have a sustainable future with new, innovative opportunities.
Consultations with First Nations related to the proposed amendments have been undertaken. First Nations were notified of these proposed amendments in the summer of 2021 as part of broader engagement on the intentions paper.
Changes to the Forest Act will also require area-based tenure holders to share inventory information with the chief forester. This will increase transparency and support the chief forester in making informed decisions regarding our public forests.
There will be changes from the Ministry of Finance in these amendments. The Forest Act requires a fee — referred to as a fee in lieu — to be paid to the government for timber exported out of the province. The fee in lieu ensures that British Columbians receive their fair share of resources revenue for timber not manufactured in the province.
These amendments will provide the income taxation branch within the Ministry of Finance with the authority to audit and make assessments in respect of the fee in lieu. This audit process is consistent with those already in place for stumpage fees.
We know that outdated forest policies aren’t working for the majority of British Columbians. The forest sector is changing, and our legislative framework needs to ensure that we support workers and communities; advance reconciliation with First Nations partners; and take steps to support a strong, sustainable forest sector. We cannot continue to operate with legislation and regulation designed for the industry of the past.
These amendments support our vision for forestry, where workers and communities benefit from secure, innovative forestry jobs for generations to come; where Indigenous peoples are full partners in sustainable forest management; and our oldest and most ancient trees are protected. We’re taking action to ensure our public forests are managed in the public interest. We owe it to our children and grandchildren to better care for our resources — to better care for our forests, for today and for generations to come.
J. Rustad: I thank the minister for her rather brief comments about a bill that is 70-some-odd pages, dropped near the end of the session. I am very surprised, quite frankly, that a bill of this weight would have come in at the end of a session, jamming possible debate on it, with such an important change to our forest sector.
It’s shameful that we haven’t seen this kind of a bill come in at the beginning of a session and be a highlight of what a government would do, instead of trying to sneak it in at the end and trying to stifle, quite frankly, debate on it. It is shameful to see that approach to such an important piece of legislation.
The legislation, as the minister just described, touches on a wide range of things. It touches on old growth and old-growth protection. We’ve seen an announcement earlier — just a month ago or less, a couple of weeks ago — about old-growth protection. It’s a key piece in terms of this act, because what it will do is it will reduce the annual allowable cut. It’ll reduce the area available for harvesting. Those reductions fit into Bill 28 in terms of how companies will actually end up being impacted and how the reductions will end up being fed through.
It’s for that reason, Mr. Speaker, that I’m going to talk about the old-growth reductions as well, as part of my response to this. It’s because this is an important piece of understanding the shift that is coming to the forest sector. The minister talked about new, innovative opportunities. Well, I would tend to think that if that’s what the minister is expecting, she’s doing a very good job — and this government is doing a very good job — of destroying the existing opportunities and destroying the existing forest sector.
I’ve had an opportunity, since the minister’s previous announcements, and since Bill 23 was introduced and now Bill 28, to talk to a number of communities around the province, to a number of workers around the province, to some First Nations, and to companies as well.
Here’s the impact that we’re seeing. It’s pretty hard to say to a community like McBride or Valemount that these changes are going to create a new, innovative opportunity, when in fact these changes are going to shut down the forest industry for those communities entirely. The jobs are gone. To a small community like McBride, even losing five, ten or 20 jobs is huge. The ripple effect of that, in those communities, rips at the core of what the community is.
I was speaking with another company just recently about this. There’s a process that you go through in forestry. The process is, of course, that you go through, you identify the inventory, and you identify the wood you want to harvest. You go in, you do consultation, you submit for permits, and you do more consultation.
It’s a long process. The process can take months and sometimes years to be able to get wood under permit. Of course, it’s important to be able to put wood under permit for a number of years, because you have to be able to have the flow of wood to be able to keep those jobs going within communities, within the facilities.
When you suddenly have an announcement come in that says, “No, you can’t log this anymore,” well, now you’ve got a mill…. You know, at one operation, for example, in Revelstoke, 85 percent of the fibre that they were counting on — that’s under permit or that they were working on permits on to get through — is now suddenly not available to them. They might be able to adjust and go after other wood, but that could be a year or two for them to be able to get permits.
I mean, is the minister serious in saying that those jobs are going to be deferred for a year or two? Of course, that can’t happen. That can’t happen to families. That can’t happen to individual workers. What about the communities? There has been no socioeconomic analysis whatsoever around that announcement or, quite frankly, the additional bills that have been moved in. It’s very disturbing to see that happening.
The reason why I’m saying this from a perspective of being disturbing is that I grew up in a forest family. My family moved here. My dad moved to British Columbia in the late ‘40s and started logging on Vancouver Island. He moved up into the Interior and started sawmills and was involved in logging pretty much all of his life.
I grew up…. I learned how to drive when I couldn’t even reach the pedals, sitting on my dad’s knee on a forest road. My first jobs that I started working in the summer were working out and doing forestry, helping out on a landing.
When I was age 14, I was driving D8 cats before I even had a driver’s licence, and graders, helping to build roads and do forestry work. Forestry is in my blood, as it is, I know, with everybody who is passionate about the forest sector.
The issue that has come up here with these changes is going to impact, according to COFI, 18,000 jobs, 18,000 families. Communities, quite frankly, are going to be devastated. One mayor said: “I guess we’re going to have to roll up the sidewalks.”
That’s not fair. It’s not appropriate, and it’s certainly not the way to be introducing forest policy. It’s certainly not the way to be treating hard-working families in this province.
If you go out into this Legislature, you’ll see four pillars, four main themes that were captured in this Legislature — fishing, agriculture, mining, forestry. We are gutting one of those pillars, one of those pillars that helped to build this province, that helped to build this Legislature.
I get it. The government wants to create some changes and do some adjustments, but you don’t have to burn the building down to build it up again. There are ways to sit down and work with industry, with labour, with First Nations, with communities to be able to make changes without having to destroy the sector that helped to build this province.
When I think about Bill 28 and the adjustments on the fibre and that fibre availability, I think back to the devastation that happened to the pine beetle epidemic that destroyed so much of our pine beetle forest in British Columbia and has caused some significant reductions in our forest sector.
Then I hear the designations for old growth, and you go and look at the maps, and some of that dead pine is now designated as old growth. These are dead trees. They’re not old growth.
In addition, there are areas that have been burnt in the massive wildfires in previous years. Some of those areas are designated as old growth. They’re burnt. They’re dead trees. There are other areas of old growth that have been designated, set aside, that are 40 years old.
A forester reached out to me and said: “I went in there just a few years ago and helped to thin that stand.” That’s not old growth. What are we doing here? Why are we designating these areas, reducing the working land base of a forest sector, destroying 18,000 jobs because of mapping errors and ideology?
In British Columbia, we are blessed with having about 60 million hectares of forested landscape. Out of that 60 million hectares, there’s approximately 38 million hectares that are in an original forest state that will never see forest activity, leaving about 22 million hectares that are available for the timber-harvesting land base.
Out of that, we’re talking about taking another 2.6 million hectares in reduction. In the name of old growth, there’s 11.4 million hectares of old growth in British Columbia, and between 75 percent and 85 percent of that is already protected. How much is enough?
Does every last piece have to be protected? What is it we’re trying to do? Has there been analysis on the biodiversity and the changes that have happened? Has there been analysis, or even performance measures, on what this will actually try to achieve other than a political goal, a political outcome? No. There hasn’t been.
We’ve got a report that came to government with four out of the five people in that report with direct ties to the Sierra Club. You don’t think that’s biased? Think about what the screaming would be if four out of five members of that panel had been — I don’t know — working for Canfor. You don’t think there would have been a scream of “biased” in a report?
Yet that’s the report that these decisions have been made on. Not because we are protecting the environment. Not because we’re meeting goals of biodiversity and balance — and balance is needed in the forest sector — but because there’s an ideology that went into the creation of that report and that is now going to devastate potentially 18,000 jobs in this province. And then this bill, which we’re debating here today, will describe how that carnage will be handed out, community by community, in the province of British Columbia.
I am passionate about this, as I know that many other people are passionate about this. But I’m passionate about this because I care about my communities. I think about my riding in Nechako Lakes. About 42 percent of the economic activity is forestry. That’s huge. Forestry supports the agriculture that happens in my riding. Forestry has opened up the mining opportunities that are in my riding. Forestry has opened up recreation and hunting and fishing opportunities. Forestry built those communities, along with agriculture. And forestry is now going to be decimated in that area without changes.
I want to use an example of these changes. I hold here a report from Domtar in Kamloops. It was just three weeks ago that I had met with them to go over the report and what they’re planning to do. They were excited about their future.
They were excited about the fact that they had a four-phase program in place to do investment in this province, to do investment in their mill, to be able to secure jobs, to be able to transition as part of the declining cut, to be able to make sure they were a vibrant part of Kamloops and the surrounding area and, most importantly, to be able to support the other mills and the other forest operations in the area, because they all work together.
Fast-forward to an old-growth announcement. These plans are garbage. They’re scrapped. There’s zero investment now. They’ve completely shelved it. In fact, they may very well be out of chips within a couple of months and having to think about closing their operations for good. A company that was prepared to spend tens of millions, hundreds of millions of dollars in the province building a future, building a vibrant, healthy forest sector, creating innovative opportunities, has been gutted, simply because of an ideological position taken by this government.
These jobs are important. It’s not just important for the people in Kamloops and for the families that are working there but to all of the surrounding areas. The way that modern operations work today is chips are a very vital piece of the economics of making a forest operation work. They’re not going to be around to take the chips. So what does that mean? Now they’re going to have to think about shipping them, potentially hundreds of kilometres further away, increasing the cost and decreasing the revenue they get from it. Will those mills now be viable? Or will we see a chain-reaction effect that comes with the potential loss of a pulp mill?
These things would have been known if a proper socioeconomic study had been done, if a proper analysis had been done, if engagement had been done. And if the government then wanted to do it, at least then they could stand up and say, “Yes, we know we are going to be destroying this particular sector and this particular group,” but they didn’t even know that.
In the announcement, it was clear that they just had done an analysis on the back of a napkin. That is shameful. And that is so disrespectful to a sector that has been such a vibrant part of this province since its inception.
I have often talked to the forest sector, to workers — unionized or contractors. I have often talked to them about the fact that we should be proud of our forest sector. They agree. They’re proud of what they do. They get up every day, and they’re proud of how they operate in the forest. They’re proud of the reforestation that happens. They’re proud of the renewal that can happen. They are proud of the jobs and the revenue that’s created from our forest sector.
Think about this. I’m standing here in this beautiful building that is the centre of democracy in British Columbia. Look at the wood that is in this building. The desks. Even the pencil. Wood is part of our everyday life. Wood is the most environmentally sensitive, the most environmentally friendly product that we can possibly think of using.
It captures carbon. Look at the wood structures that are in this building that have been here, what, a hundred years, more than a hundred years? That carbon has been captured and sequestered for that length of time and will be hopefully for another hundred years, assuming we don’t have an earthquake or something and cause real grief in this building.
All of that aside — I shouldn’t laugh; that would be absolutely devastating — this wood is just an example of what our forest sector does. Think about what the replacement would be for wood if we weren’t using our forest sector. What would we do for paper? What would we do for medical masks? The fibres go into helping protect our health care workers. The fibres go into everyday life. That wood fibre is critical, not just for us in British Columbia but around the world, and we’re part of that.
The best part is: you plant a new tree, you capture that carbon, and you utilize it for the good of our society. You plant a new tree, and within 40 years, that tree has now sequestered a tonne of carbon. We planted 300 million trees last year. We plant almost that many trees every year. That means every year we are sequestering 300 million tonnes of carbon just from planting trees. We’re taking the carbon that is old and decadent and utilizing that carbon for our products, utilizing it for our everyday needs.
Are we going to replace that with steel? Clearly, we’re not going to replace that with plastics. What’s the replacement, if we are not using fibre? We need a healthy, vibrant forest sector, not one that is decimated by ideology but one that we can be proud of; one that finds the balance between protecting the environment needs, making sure that we have those important environmental values for our future generations and also making sure that we have family-supporting jobs that are renewable, that are sustainable.
We’ve got about 15½ percent of this province in parkland already. We’ve designated parks on some 15½ percent. That is probably something to be proud of, considering it’s more than any other jurisdiction in Canada. I think that it’s, quite frankly, more than any other jurisdiction in the world. We’re doing a good job of protecting and having those values for future generations, better than any other jurisdiction. As a matter of fact, we’re 1½ times to 2 times the recommendation of the United Nations in terms of protected areas already in this province.
On top of that, all the old growth that is already protected: 36, 38 million hectares of forested land that will never see industrial forestry activity. But somehow it’s not enough. It’s too much to ask that we have a portion of our province that supports this vibrant, healthy forest sector and that meets all of these environmental goals that we all, I think, agree on that we would like to achieve.
When I look at Bill 28 and I think about how that devastation will be distributed through the communities…. I had an opportunity to have a quick chat with the mayor and councils in my own riding. There was shock. There was anger. There was frustration. Tremendously, what it was the amount of uncertainty.
There’s hope in terms of the transfer. The minister, in previous announcements, talked about transferring wood to First Nations, and I support that. I think First Nations have been a growing component of our forest sector and need to be a growing component in terms of the forest sector. It’s a great opportunity for economic development. It’s a great opportunity for engagement and to try to move from, quite frankly, managing poverty to managing success.
When that announcement came out about the deferrals, there was a press release that came out from the First Nations Forestry Council.
The comment, in particular, from the forest operations of the Líl̓wat First Nation says: “Líl̓wat Nation just spent several million dollars to purchase a forest licence in their territory so they could have a bigger say in decisions regarding forest management in their territory. And now the government comes along and is trying to tell nations what they can and can’t do?” He adds: “The province claims they consulted with First Nations, but we don’t know who they were talking to.”
This is the First Nations Forestry Council.
You would think when the minister stood up and touted several times in her speech on Bill 28 that First Nations and people are first to benefit and touted the engagement with First Nations and how important that was…. And here we are with the First Nations Forestry Council saying they don’t even know who they talked to. How is that engagement? How is that being respectful?
The press release also went on to say…. This is from November 1, 2021, when Chief Bill Williams says: “The honour of the Crown cannot be met through fundamentally flawed consultation.”
It’s sad. I mean, I was the former Minister for Aboriginal Relations and Reconciliation, and we did a lot of work with First Nations: signing agreements, particularly agreements around forests and revenue-sharing; taking wood, for the very first time in the province, and putting a cut in the hands of First Nations; helping them to be more engaged in activity.
Many First Nations have started their own companies, have bought equipment, have gotten mortgages and for the first time in their life, have basically gone into debt to become entrepreneurs. They’re impacted by this too. They’re impacted by these decisions, just like everyone else is.
Chief Williams from the First Nations Forestry Council also says: “To do this requires a consistent recognition of Indigenous jurisdiction, not just sometimes when it’s convenient.”
Dr. Charlene Higgins, the CEO of the First Nations Forestry Council, says: “How many times do nations have to call the province out on their consultation process before they will actually change it?” It goes on to say: “Unfortunately, we have yet to receive any acknowledgment of our offers to work collaboratively. Instead, they have chosen to do their own thing.”
Those are the words of First Nations engaged in the forest sector, the very First Nations the minister is talking about when she’s talking about Bill 28 and wanting to see them more engaged. How is that engagement? How is that right?
This doesn’t make any sense to me at all, unless these decisions are being made for political ideology, as opposed to actually what the minister is saying that she would like them to be made for.
In another press release from the First Nations Forestry Council on November 3…. Information came forward, and they were very concerned about the announcement, once again. Out of the press release, it says: “Thirty days to respond is trying to rush First Nations into making decisions that, once again, in no way support an informed and meaningful consultation process.”
We all stood in this chamber and supported First Nations and efforts that went on with First Nations. I spent a great deal of time, over four years, as the longest-serving Aboriginal Relations Minister in B.C., building those relationships. Was it perfect? No. There is always more that can be done. There is always more that should be done. But I was always straight up and forward wherever I could be with First Nations.
I don’t see how this announcement by the minister on old-growth deferrals is in any way straight up and forward. Many nations, when they heard the announcement…. This is, once again, from the press release on November 1. It says: “For many nations, this was the first time they’d heard or seen it.”
Now we’re in a situation where we’ve got this ideological change that, once again, according to COFI, is going to cost, potentially, 18,000 jobs, see up to 20 sawmills close, potentially a couple of pulp mills. I just referred to the challenge that Domtar is going to be facing in Kamloops. A bill, then, that, like I say, is going to distribute how that punishment will be inflicted upon a forest sector.
B.C. Wood is a group that has done a lot of work in the province. They’re all about value-added. They’re all about extracting the highest value and the best value they can out of the trees. I know the minister is passionate about this and wants to do this. The minister has talked at length about wanting to see more value from our forests. Yet they say their sector is going to be hit the hardest — that value-added will be hit the hardest through this process.
I’m not quite sure how that will work out unless, of course, the minister wants to bring the whole forest sector down to nothing and then try to build from the ground up. It certainly seems to be the approach that this government is taking.
Mr. Speaker, I notice I’m running low on my time. Just to let you know, I am the designated speaker for this bill. I’m getting a stare from the minister, but that’s okay.
Interjection.
J. Rustad: I am talking about the bill. The minister says I’m not talking about the bill.
In this bill is the path for taking wood back from companies from decisions government has made — decisions like deferrals. This is how that damage will be inflicted. In order to understand that section of that bill and that process that’s going to be in there, it’s important to understand why it needs to be in there, because there is damage being done to the sector.
I was back talking with mayors in my community. Many of my communities have community forests. The minister mentioned that in this bill, there will be an opportunity to be able to enhance community forests through these special purpose areas, this extraction that will come out of the forest sector. But with the announcement on old growth…. For example, in the Granisle community sector, 65 percent of their available timber is now going to be reduced because of old growth — 65 percent.
They’ve looked at it. They’ve come up with the numbers. This is what they’ve told me. The minister is shaking her head, I suspect because the minister hasn’t even looked at the community forest at Granisle and what the impact of that may be.
There’s another huge challenge with the deferrals that were announced, and that’s access. There are some areas…. I heard from one company operating in the Revelstoke area that said these deferrals effectively isolate an entire valley, which they won’t be able to get access to. How will they put a road through, a deferral, if it’s a protected area? They can’t get into the fibre behind it, further reducing the amount of fibre that will be available.
I’m encouraged when nations, like the Cheslatta Carrier Nation in my riding, according to the mayor, are saying no to these deferrals. They don’t want to see it. Maybe that will be one area in the province where we don’t see the deferrals go ahead.
My understanding, from many of the other nations, is they’re also very reluctant to say yes to these deferrals. As a matter of fact, I suspect there will be a lot of them that will say no. It will be very interesting to see whether the minister, through this consultation process, these 30 days of consultation, will actually listen to First Nations or whether they’ll carry on with this ideological drive to destroy the forest sector.
Much of the information that the minister is looking at, in terms of these deferrals which flow through to Bill 28 and the reductions that will come and pass on to companies, is based, actually, on inventory information, quite frankly, that needs to be updated.
As I mentioned earlier, there are areas that have been deferred that are 30 or 40 years old. There are areas that have been deferred that are burnt. There are areas that are deferred that are basically dead pine. So I wonder what the plan is, through this bill — and I’ll get into this more under the debate on Bill 23 — to update that inventory, to be able to really do that full assessment and analysis of what the devastation will be.
I find it interesting, as well, when the minister talks about, in this bill, how First Nations and people are the first to benefit. Well, here are some quotes from the United Steelworkers union in their press release around deferrals. I’m curious as to how the minister sees Bill 28 as seeing these benefits go to the people when…. This is a quote from Jeff Bromley, from the United Steelworkers Wood Council chair: “If even half of the 2.6 million hectares identified by the government are removed, jobs will be lost as multiple mills, value-added operations and pulp mills close permanently.”
He goes on to say: “In the past three years, eight operations with USW workers across B.C. closed, and 1,000 good-paying, family-supporting jobs were lost. The impact from this process will almost certainly multiply across the province.”
It goes on to say, in the press release: “The government says 4,500 jobs will be lost, but USW’s information suggests the real number could be four times that much.”
This is certainly, as the minister said in her opening comments, putting people first to receive the benefits. Unless she’s referring to an unemployment cheque, I’m not sure exactly the benefits that she’s talking about.
Jeff Bromley goes on to say, and this is from November 3, 2021: “If First Nations who’ve been given 30 days to respond reject the plan, will the government listen to them?” That’s a very valid question.
Of course, Mr. Bromley also goes on to talk about the bias of the Sierra Club, as I had mentioned earlier, in terms of that ultimate decision around the old growth and the old-growth report.
As we get into the debate on Bill 28 and we look at the new rules for passing on these reductions — the rules around these special management areas, which have the potential to quite literally wipe out a woodlot, perhaps even a community forest or a tree farm licence as areas are taken back — it’s curious how that will create a healthy and vibrant forest sector.
[N. Letnick in the chair.]
I want to refer to a letter that was sent to me after the announcement. This is also from November 3. This is a letter. I’m not going to say the name, because I haven’t asked permission to read the letter into the record, although it was sent to the Office of the Premier, to the minister, as well as to many other MLAs. It says:
“The recent B.C. government announcement for 2.6 million hectares of forest is extremely concerning to me and my family. I have lived in a forest-dependent community in north central B.C. and am a registered professional forester with ABCFP. My family consists of generations who have depended on our forest sector, and our family income supports the next generation of British Columbians. As a professional forester, I have seen the working forest land base become more and more constrained over the course of my career, but this announcement dwarfs them all and appears to not be aware of its own consequences.”
It’s a professional forester with generational experience working in the forest sector. He goes on to say:
“I acknowledge that the details of the model are not for you, Minister, to fully understand or manipulate, but you do need to be aware that the model does not appear to meet your intentions of preserving rare old-growth ecosystems. I don’t know if you viewed the deferral areas yourself, but the areas tagged for deferral do not encourage better ecosystems. For example, I have seen deferral areas that significantly overlap a major river or existing cutblock. Are these old-growth areas?
“I have seen 100-by-100-metre-square islands of deferred area in the middle of a proposed harvest area. Ecologically, these islands of old growth would be better off aggregated into more complex old-growth systems. There are too many concerns I have with the data.”
He goes on with a lengthy letter about his concerns for the forest sector and the concerns with this announcement.
As I mentioned, I’ve talked to a number of people about this. What’s encouraging is the minister has actually reached out and talked to some of these people too, talked to some of the communities that will be affected.
You know what the minister said to these communities, to communities in my riding? She said: “Don’t worry. We’ll throw a life-support line to you to keep the community alive.”
[Mr. Speaker in the chair.]
A community is not looking for a life support, a lifeline. They’re looking for jobs. Small communities are looking for the types of good-paying forest jobs that support the family and that support a community unit. That’s what they want. They’re not looking for a lifeline. If you’re a small community and you’re trying to attract people into that community, it’s virtually impossible to be able to do that if you’re talking about a community that’s on a lifeline.
I see our hon. Speaker is here with a ruling. So I would be happy to reserve my place in the debate and move adjournment to the debate.
J. Rustad moved adjournment of debate.
Motion approved.
Standing Order 35
REQUEST TO DEBATE A MATTER OF
URGENT PUBLIC
IMPORTANCE —
RESPONSE TO SEVERE WEATHER EVENTS
(continued)
Mr. Speaker: Hon. Members, earlier today the official opposition House Leader raised a matter of urgent public importance under Standing Order 35. I informed the House that I would take the matter under advisement. However, I understand that an agreement amongst all caucuses has now been reached. Therefore, I will not provide a ruling.
The debate on the motion regarding the response of the government of British Columbia to the emergency flooding and landslide situation will commence tomorrow afternoon at 1 p.m. for one hour. Thank you.
[N. Letnick in the chair.]
Hon. S. Malcolmson: I call continued debate on Bill 28, the Forest Amendment Act.
Second Reading of Bills
BILL 28 — FOREST AMENDMENT ACT, 2021
(continued)
J. Rustad: I was talking about a lifeline for communities. I’m glad to hear that we’re going to be doing an emergency debate about many other communities that have been impacted by floods and slides and many other individuals. Lifeline may be very appropriate for that debate.
For forest communities, quite frankly, to quote one of my mayors with that…. When they heard that, they said: “That’s insulting.”
The minister also, in that call, talked about the fact that there are 1,000 health care openings, and there might be opportunities to be able to transition workers to health care openings. I’m all for being able to retrain and to do that, but I’m not quite understanding how somebody who has a skill with a chainsaw is going to be able to have a skill with a scalpel, or how somebody who has skill with driving a logging truck is going to have skill with driving an ambulance. The skills aren’t really transferable.
When you’re talking about people who have put their lives and built careers in the forest sector, that’s not an easy transition to even think about. I was actually quite surprised that the minister even suggested that.
The reality for many people is that if this goes ahead, if Bill 28 proceeds in the distribution of the damage that’s caused by this old-growth deferral, some small communities are going to cease to exist, become retirement communities as people move away. What happens is that when a worker loses a job, when a mill closes, when a logging job ends, there isn’t a job in a small community like that just to go into.
It’s not Vancouver. It’s not Richmond. It’s communities like Vanderhoof and Fraser Lake and Burns Lake. Those workers will then have to find work elsewhere. For a time, they may travel, but eventually, they’ll find a job somewhere and decide to move their family. So it’s not just a lost job in a community. It’s splitting up families. It’s people having to move away for employment.
I’ve seen, over the years, the changes of the forest sector. You know, I remember back in the ‘70s and ‘80s, when there used to be tremendous number of people working in the forest sector. Technological innovation has created, obviously, a big shift. I saw what happened to many communities, small vibrant communities, that have really struggled and have been in decline.
Not directly related to forestry but to mining, Granisle was a community of — what? — 1,100 or 1,300 people at one point. When the mine shut down…. It’s now a community of about 390. It’s pretty devastating for the community and for the people that grew up in that community. But that’s what communities feel like. To quote one of my other mayors in my riding, they said: “It feels like Desert Storm — one thing after another pummelling the sector.”
Deputy Speaker: Excuse me, member for Nechako Lakes. Just a procedural glitch that we need to address. If you could take your seat for a moment, I’ll recognize the acting House Leader, who will move second reading.
Hon. S. Malcolmson: That is just what I meant to say. Thank you.
I move second reading debate on Bill 28, the Forest Amendment Act.
Deputy Speaker: Nechako Lakes, please continue.
J. Rustad: Do I rewind and go back to where I was? Do I get an extra ten minutes on the clock?
I appreciate the nuances. Having been in this building for a long time, I know that there are things that have to be done in the correct order. As a matter of fact, when the acting House Leader called it, I kind of went: “Huh?” Then you proceeded. So I thought: “Okay, carry on.”
In any case, like I was saying, the way this announcement rolled out and the reaction that I’ve seen from community after community across the province…. It was described to me this way: “This is the worst announcement ever made by a government.” And it’s not even so much the announcement but the fact that there are no details, the fact that there is uncertainty and the fact that families don’t know what their future is. Do they start looking for a job now? What happens? What is going to be happening? How is this going to unfold?
There are no details. There has been no analysis. There has been no engagement. There has been no discussion. Quite frankly, it’s a process by a government that clearly doesn’t seem to care about the very people that the minister talked about in her opening statement. If that’s the benefit to people, I’m sure that people would say: “No, thank you. Keep your benefits.”
I looked at one of my other communities, the community of Fort St. James. I’m passionate about that small, little community, and I’m very pleased that the Minister of Health assures me that they’re going to go ahead with building a new hospital up there. What happens if the mills close? Is that hospital going to go ahead? Population is certainly going to change. The needs of the community are certainly going to change if those mills in that area close.
How does this impact that community? There are no assurances. There is no engagement. How will that community proceed? It’s already sitting in a situation where it’s short seven nurses just for its current hospital, and nurses are overworked in that area. How does that community attract new nurses to the area with this kind of uncertainty that has been dropped by this government?
In a call by the minister to mayors on Vancouver Island, once again, a community in the north Island was talking about the challenges and the need to be able to attract health care professionals. The minister was excited about identifying a possible opportunity to transition forestry workers into health care workers. Once again, I’m sorry, but that’s a little out of touch with somebody who came out of high school and worked in a mill or somebody who has mortgaged their house to buy a logging truck and is trying to figure out how to make payments and will suddenly no longer have work. It’s pretty hard to think about how that person transitions into a health care position.
What’s needed is to pause this approach, to actually go out and engage and tell people what this will mean on the ground, to work through these issues — not to give 30 days to First Nations and then let communities know what’s going to happen. That’s just unacceptable.
We have a situation, as well, as we go through this and look at Bill 28 and look at how this redistribution of these decisions will happen. Most people don’t think about forestry from a Lower Mainland perspective, but over 40 percent of the forestry jobs in the province are in the Lower Mainland, with direct and indirect jobs. That’s a pretty significant amount.
It’s not surprising that the Surrey Board of Trade also weighed in on this issue. In their press release on November 2, they say they’re disappointed with the B.C. government’s decision on harvest deferrals, and the economic viability of the industry is jeopardized.
It goes on to say in this press release: “The deferral process is going to jeopardize many businesses…. Hundreds of employees will be laid off due to this deferral process. Every day businesses are making tough decisions on how to preserve their bottom line and remain profitable, and this deferral will have devastating impacts on B.C.’s economy and people’s livelihoods.”
It goes on to say: “Surrey is home to many wood manufacturing companies that are significant employers, such as Teal-Jones Group, S and R Sawmills, Pacific Lumber, Catalyst Paper, the Sundher Group, Key West Forest Products and Riverside Forest Products, to name a few. Workers and businesses are dependent on a healthy forest sector.”
Earlier I talked about B.C. Wood, who many of these people are connected with. They’re concerned that they may be the hardest impacted by this decision. These are communities like Surrey and Delta and Richmond, Mission, Maple Ridge, all along the Fraser River.
Deputy Speaker: One moment, Nechako Lakes.
Hon. S. Malcolmson: Mr. Speaker, I would be grateful if you could encourage the member to keep his comments focused on the bill at hand. We’ve been quite tolerant here. This is legislation about redistributing harvest rights, about a compensation framework, about requiring tenure holders to report forest inventory and about an auditing system.
We’ve been patient, but the letter that the member just referenced, dated November 2, is impossible in its relation to this legislation, because this legislation was not tabled until Monday. That’s my suggestion to the member.
Deputy Speaker: Thank you for your comments.
Do you want to make a comment regarding…?
J. Rustad: If I may carry on?
Deputy Speaker: Yes.
J. Rustad: Thank you, hon. Speaker. I’m pleased that the member has found her voice in this. Clearly she doesn’t understand forestry, because when you reduce the cut on forestry, this is the bill that distributes it.
It’s directly related. It’s a shame that you don’t understand what the impacts are going to be and how this bill is related to what the person from Surrey has to say.
Deputy Speaker: Member.
J. Rustad: My apologies, Mr. Speaker, through you.
Deputy Speaker: You can apologize through me, if you like. You can also apologize to the member.
Please keep your comments through the Chair. That way, we can keep the passion a little bit down.
J. Rustad: Thank you, Mr. Speaker.
I’m going to carry on with the quote from the Surrey Board of Trade, because it is relevant to what is happening and what is discussed in Bill 28. “We have heard from many experts that this consultation process with First Nations is not effective, and a timeline of 30 days does not respect the capacity and level of work required to provide a response.” The minister, in her opening comments to Bill 28, talked about how important it is to have the First Nation engagement, yet here is example after example, directly from First Nations and others, that show that process is flawed.
We’re proceeding with a bill, in Bill 28, that is going to outline how that devastation will be played out in the forest sector, through the redistribution of cut. It’s important to understand just how that will be, which is why I keep pulling up these quotes from the old-growth impact. Quite frankly, if you weren’t reducing the cut, if you weren’t reducing the area of old growth, you wouldn’t necessarily need these new rules, because you wouldn’t have to be going out and figuring out how you distribute that cut and who you impact.
The Truck Loggers Association has been around for a very long time. They’re a very proud organization, and they have a lot of members right across the province, particularly on the Island and the Lower Mainland.
Their comment that came out, associated with this, is nothing short of a damning indictment, I guess you could say, of the government’s forest policy. These are the people who are directly on the ground who are going to feel the impacts of these approaches. So when you reduce the area base of our timber harvesting land base by 2.6 million hectares, which is what old growth does, this lays out the map as to who’s going to lose that 2.6 million hectares, who’s going to lose the cuts and where those jobs are going to be.
You know what, Mr. Speaker? We wouldn’t necessarily have to be here talking about this, this much right now, if there was a proper socioeconomic analysis done and we knew where all that is. But we don’t, which is why everybody is so upset. This is why thousands of workers across this province are talking about disruptions and protests to try to make their point. I don’t blame them. This is their livelihood they’re talking about.
The Truck Loggers Association says:
“This announcement sends a message to multi-generations of B.C.-born and -raised forest workers who have dedicated their lives to running independent, innovative, small- and medium-sized businesses that continue to reinvest in British Columbia and support a sustainable industry that they are not a priority to this government. Government appears to have completely ignored that they provide tens of thousands of jobs and billions of dollars in economic activity and revenue to help fund health care and education to 140 communities in this province.”
Pretty straightforward when you think about Bill 28. The minister doesn’t like to link her previous announcement to this, but they are all linked together. They are all linked together.
I saved the quotes and the information from COFI till the end in terms of the quotes that I wanted to be able to add into the record on this Bill 28 debate. I did that because I wanted to be able to describe to this House the impact to communities, the impact to individuals, the impact to contractors and workers, because they’re what is most important. I think the minister would agree with me. But at the heart of those individuals is also the corporation, the company that turns that fibre into those jobs through the activities that they have, through the investments they have in this province.
As I described from Domtar, these announcements have ended capital investment. We’re going to see this over and over again across the province. Capital is going to flee this province, and it already has. We’re seeing all the investments south of the border, and that’s because of all the uncertainty that has been created by the processes and the announcements, of course, that this government is making.
COFI said: “Today the province has indicated it will be proceeding with a process to defer a further 2.6 million hectares of forests in B.C. If fully implemented, this move will have a profound and devastating impact on people, families and communities across the province.”
We have had the labour union representing the hard workers in this industry. We’ve had the contractors and the truck loggers who represent the people up and down this province that create this vibrant forest sector. We have heard from the communities and community leaders around this. We’ve heard from industry around this. Most important, we’ve heard from First Nations around this.
What does it take before the government will realize that they have created a mess and they need to pause? The minister can shake her head all she wants in disbelief. She can live in a bubble, but this is the reality.
Interjection.
J. Rustad: She says we’ve created it.
We didn’t defer 2.6 million hectares, Minister. No, we didn’t. You did.
Deputy Speaker: I will remind the member again.
J. Rustad: Through you, hon. Chair.
The minister….
Deputy Speaker: That’s the second time.
J. Rustad: I appreciate that. Thank you, Mr. Speaker.
This government’s announcement has created this devastation, not things from the past. They’ve made this decision. They made it politically, and they made it politically based on four people with direct ties to the Sierra Club, plus one additional person. Somewhat biased, I would say.
They made the decision that is going to gut communities. This Bill 28 will be the path to show you which communities are going to be impacted and how that will play out. They made the decision not to engage and to inform people as to what this will mean, creating tremendous uncertainty. They have made the decision to drive investment from this province.
As I said in the beginning, I grew up in the forest sector. After my time of working in the woods, where I did logging, I did tree planting, I did layout, I did reconnaissance work, and I did timber supply analysis…. I’ve worked in just about any component of the forest sector you can think of. After that, I’ve been involved now in politics, looking at communities, looking at how to support and grow those jobs.
The minister loves to tout a comment of 30,000 jobs lost. Well, let’s talk about the 25,000 to 30,000 jobs lost in the ’90s, since we’re talking about decades ago. But perhaps we should actually point to another stat. At the bottom of the great recession, as it was called, in 2009, from that point to 2017, the previous government saw almost 10,000 job gains in our forest sector. We’re the only province in this country to see gains.
The minister likes to shake her head and disagree. I suggest to the minister that she should look at Stats Canada as opposed to listening to NDP rhetoric, because that’s where that information comes from: directly from Stats Canada. Almost 10,000 job gains over that period. You know what? Since this government has been in power, that’s been gone. That’s lost. That’s already disappeared in the province of British Columbia, and now we’re talking about, potentially, another 18,000 jobs.
Bill 28 will be the author as to where the axe falls, where those jobs will be lost. It’s not a very good record, especially from a government that talks about values and wanting higher value instead of volume. But I also remember, in 2017, the then Leader of the Opposition running for election in Merritt, saying there would not be a mill closed under a government led by the NDP. Wonder how that worked out. Clearly, that wasn’t a promise that was kept.
When I go through and look at all of the information…. I had the opportunity to have the briefing on Bill 28 from the ministry staff. There were a couple of other interesting little things I just want to touch on.
I don’t want to take away, though, from the devastation that will be happening to communities, really, across the province, but one of the interesting things that is in here is it adds the power for doing auditing and review of companies that are charged a fee in lieu to make sure those fees are being paid to government. I wonder if there has been an example of where that hasn’t happened. Most of these companies are publicly traded companies. They have to meet rigorous accounting standards. They have to meet rigorous reporting standards.
I’m very surprised that government seems to think that there is revenue that has gone missing associated with that, but I suppose it will create a few more jobs in the bureaucracy. We’ll see over time whether or not that turns up anything. If it does, good on them, but if it doesn’t, be a bit of a waste I would say. But we’ll see. That’s one other component that certainly will be in Bill 28.
The other thing I want to touch on is these special purpose areas, because this is a tool that I think the minister is pretty proud of, in doing. Special purpose areas, as it was described to me in the briefing, will allow government to be able to target an area and extract that area out for redistribution to B.C. Timber Sales or to First Nations. Okay. That sounds reasonable, except when you think that most of the area around the province is volume-based.
By extracting an area out, you’re actually able to go in and take what you would consider to be the best wood that’s available and not a representation of what a timber supply area may be. In other words, these very special areas have the potential to take out the cream within a forest and leave the remainder. That may be the intention that the minister is looking at in terms of utilization of this. I’ll be very interested when we get into committee stage to find out if that is truly her intent. But it seems to be that’s what the purpose of that is.
That will have unintended consequences on a number of levels — first of all, with stumpage. If these special purpose areas go, all of them, to B.C. Timber Sales and become stumpage, you’re talking now not a representation of a supply area but the best of a supply area, which means if that is now going into the timber-pricing system, it will then bias the rest of the wood at a much higher level than it should be charged at, making stands potentially unviable because of high stumpage. I wonder if the minister has done that analysis. That’s a piece of information I’ll certainly be interested in looking into when we get to committee stage on this bill.
I also look at it and think when a company — particularly on the coast but even in the southern Interior and other areas — goes into an area to log, they often have some very good wood that they get, some stuff that is mediocre and then some stuff that is rather poor. It’s that very good wood that makes the economics work to be able to go after the entire area, to be able to bring the logs in that feed the pulp mills and create the jobs. If you take that one component out, will it be economical to log the rest of it? What is the impact that will have? I haven’t seen any analysis. It will be interesting to ask the minister, during the process, whether there will be that kind of analysis.
Also, when you take that component out of an area and you have a number of companies around that might have an interest in that, because it is higher-quality wood, you’re going to get quite a bidding war. How does a small new company — the minister talked about wanting to create new innovative opportunities — that is just starting out…? How are they able to compete to be able to get that kind of wood, when everybody else is going to be chasing after it and the price is going to be high? I fail to see how that will create new, innovative opportunities in our forest sector.
The Premier, back at COFI — I think it was 2018, or maybe it was 2019, at COFI — famously said he recognizes that some of their policies may have unintended consequences. When you’re doing forest policy and when you are impacting lives, potentially 18,000 jobs around the province of British Columbia, I think they would hope that it’s not being done at a level where they don’t know what the unintended consequences might be. I think that’s what has the forest industry really scared, because the job losses are potentially horrendous, the impacts to communities, the impacts to lives.
What else will come from this? How else will these impacts unfold in our forest sector? It’s an unknown, because the analysis has not been done. As we go through, in listening to the debate, I hope there’ll be members of the government side that will stand up and speak passionately about a sector, quite frankly, that needs champions. It needs champions for the reasons I gave earlier in this debate — because of the strong environmental benefits of a vibrant forest sector. The carbon that’s captured, such as in the wood that’s in this building….
I see the minister chuckling as I say things like this, but it’s true. It’s a very important piece of our environment and our needs.
Even with something as simple as the recent floods and the slides, which have devastated people and devastated communities, there’s suddenly a run on things like toilet paper. That’s a very important product that comes from forestry. There are so many products around the province that utilize our fibre and our forests. I find it hard to think about what replacements for any of that could be. As we look at what’s happening in British Columbia and also in other jurisdictions in the world, there is a finite amount of fibre that is available. What are the alternatives if we continue to see reductions in what we harvest on the land base?
I can tell you, when I think about how Bill 28 will distribute this around the province…. I actually visited Fairy Creek this summer. I visited Pacheedaht as well. I had a conversation with the environmentalists that were trying to protect the old growth in that area. I have to say that there’s passion, but there’s also some reason and ability to be able to look at trying to find balances. Where the balance is, is the debate. It’s not all or nothing.
It’s disturbing to think about the amount of misinformation and the inaccurate information that was flowing around — inaccurate information, quite frankly, that I’m worried has led to this decision of deferrals — which, of course, through Bill 28, will lead to who ends up taking the hit and how that’ll play out. One of the recommendations from the old growth panel was that there would be a single source of accurate information. Unfortunately, we’re not seeing that, so we have tremendous amounts of misinformation that are out and around. That is creating all kinds of challenging issues right across the province when it comes to managing our forest sector.
It’s unfortunate, because a forest sector like this…. Like I say, I’m proud of B.C.’s forest sector. We do forestry better than any jurisdiction in the world. We have more land that is certified through international standards than any other jurisdiction in the world, in terms of the management. I think our professionals in this province are some of the best anywhere in the world.
We need to do work on inventory. We need to do more work on the base information that is there and available. Hopefully, the minister’s future budgets will actually have some money do some of that work. It’s critical work that’s needed and that will help to be able to give that information around reliable and accurate accounting for things like old growth.
When I look once again at Bill 28, and I look at the special purpose areas, it makes me wonder what that information is going to be based on — these areas that are going to be targeted. I’ve had the good fortune, in my career, of spending a lot of time in the forests and looking at forest inventory data and seeing how inaccurate some of that data can be.
I remember walking through one stand that said it was a beautiful spruce balsam stand, getting in there and realizing it was all fir — beautiful, beautiful Interior fir. I kind of wondered: how could that have gotten so wrong in our inventory?
There is work that needs to be done to reinvest in our inventories to make sure that we have accurate information about what’s out on the land base. It’s not just about the soils and the potential for growth, but it’s also about what’s actually happening on the land base.
When I look at how things will be distributed under Bill 28 and the old-growth impacts on that, I wonder how forest health will really play into it. Many of the areas that have been designated as old growth have spruce beetle outbreaks in them. If you’ve got a spruce beetle outbreak in an area that is protected — which then will, therefore, reduce the cut under Bill 28 to various companies — how does that impact the neighbouring stands when you can no longer go in and manage to deal with that spruce beetle outbreak because it’s now protected, it’s now deferred?
This is what led to pine beetle problems in the ’90s. That flowed over into 2000. There was a refusal to go in and deal with the problem, because there was a huge problem in a park. We had a devastation from our pine beetle in the province because there wasn’t a political will to do the right thing. That came out of the ’90s. Now we’re seeing a similar thing.
There were some 300 hectares, I think it was…. I can’t remember the size of it. I think it might have been larger than that. Sorry, it was larger than that. I can’t remember the size — I apologize — but an area that was protected, up in the northeast, for caribou. The area up through there is riddled with spruce beetle. Those trees are going to die — they’re going to fall down, and those beetles aren’t just going to stay there — but are in areas that have been set aside for habitat.
I can tell you that I’ve walked through stands that have been infested with spruce beetle. I’ve seen what has happened when a windstorm came through to those stands, the criss-crossing of the trees on the ground and the inability to get through them. That’s not habitat. There’ll be no benefit to caribou from that kind of protection. Yet these are the kinds of decisions that are being made for ideological reasons — not based on, quite frankly, good science.
That does make me wonder, when I think about these special purpose areas, the inventory and the data that’s going to go into those decisions and what the consequences are to the remaining wood and the viability of that to our forest sector. How will that play out? This gives government the tool, but how will that tool be used? Will it be used? Where will it be used? To what extent will it be used?
Will it be used because some company says “I want something,” or will it be used based on a scientific analysis, with performance measures? Will that be the way it’s used? It’s the way it should be, if you’re going to use a tool like that, to make sure that it’s achieving the objectives that we want to be achieved. For far too long over the years — whether it’s wildlife management decisions on the landscape or visual-quality objectives on the landscape — we do all these decisions on a landscape, and we don’t do any analysis to say: are they meeting the objectives?
I’ve seen hillsides of visual-quality objectives that we don’t want to have over a certain amount in a disturbed state. They’re all dead. They’re all dead pine. They’re all a fire trap, waiting for a fire to come over the ridge and burn it all. Is that the intent of a visual-quality objective? Is that the intent of information that feeds into decisions like the ones that are going to be made in Bill 28? Without performance measures, without ways to be able to judge the decisions, without ways to be able to audit and assess those decisions, how do we know that it’s achieving the objectives that were laid out?
These are all important questions when we talk about managing forests, particularly when you talk about issues of wildlife management and issues of biodiversity — but, most importantly, issues of the jobs and the families that are fed by those jobs and the communities that are supported by a healthy family.
It was in the 1990s when a former NDP Forests Minister said, “We’re the government. We can do anything we want” — paraphrasing. I see the decisions around these bills to be very similar. This is being done, driven by ideology. I remember, quite frankly, many of the people that were working in the ministry, that came back to work in the ministry prior to this current government but in their previous iteration, who worked on the jobs and timber accord of the ‘90s. Clearly, their approach then has carried over to what they’re doing now.
What were the results then? It was devastation to the forest sector — driven up and became the highest-cost producers. Nobody wanted to invest. Jobs were disappearing. That was the result of policy that wasn’t well-thought-out, that didn’t have performance measures. Are we seeing the same thing today? It certainly appears to be the pattern. The only thing that is not attached to it is the nice catchphrase, “jobs and timber accord.”
When this government took power in 2017, there was a promise, from the Premier, to solve the softwood lumber agreement with the United States. The reason I raise that issue is because when you look at the compounding issues that lead up to Bill 28 and the fibre distribution that’ll happen, those tariffs come into play in the viability of the cost structure in British Columbia.
Time and time again, we have heard that this province is the highest-cost producer, in British Columbia. How does this bill, and how do these series of decisions that are made by this government, help that situation? If we’re a high-cost jurisdiction, that makes our industry vulnerable to any downturns.
We’ve been very fortunate over the last year and a half to see very high timber prices — very fortunate. That has led to a lot of forest activity, people working, people being very active in our forest sector. What happens when those prices turn down? What happens when our industry becomes vulnerable again and we’re a high-cost producer? We’re adding in more challenges and issues through Bill 28, Bill 23 and issues like the old-growth deferrals. It’s no wonder that industry is not looking to invest in British Columbia.
I had the chance this summer to visit with the San Group. The minister mentioned San Group during estimates last spring, so I thought: “Oh good. Okay, I’ll go have a visit with them to see the investment that they’re making in Port Alberni and how they’re tying together all their operations.” It’s a good investment, I have to admit, but I also think you’ve got a private sector company that’s doing this.
When they came in and made that investment, the first thing that happened is the community of Port Alberni wanted to raise the taxes on their property. That was the first thing that they wanted to do, because they had, obviously, reduced the taxes to try to attract investment. You know what the company said? The company said: “If you do that, we’ll have the trucks here tomorrow and the equipment will be on it, and we’ll leave.” In a private company, they can do that kind of thing. They can make that kind of shift on those kinds of investments.
It’s a great operation that they’re doing, but I wonder how this will impact them. I wonder how this series of decisions will impact the operations that they are hoping to be able to be successful in this province, because I would agree with the minister: we want to see more of those kinds of investments in British Columbia.
That was a pretty unique investment, because it had the port facility, and it tied together their operations that make it all work. I’m not hearing any other companies that are jumping up and down and saying: “I want to do that kind of an investment in British Columbia.” At the end of the day, without that kind of investment, without those new dollars, you’re not going to have — as the minister called it — new, innovative opportunities.
This government loves to use buzzwords to describe what it’s doing, as opposed to what’s really happening. It’s just like calling a capital tax on assets a school tax. It makes it sound nice and innocuous, as opposed to what it really is. We’re seeing the same sort of thing with bills like Bill 28.
A “special purpose area.” Think about that. Why is that language used to describe an area of takeback, an area of creaming the high-quality fibre for government purposes?
Like I say, I’ve had a chance to talk to so many mayors now, the communities, the companies, the workers. I was on a call just last night with a group of workers who are feeling devastated by this series of decisions. They’re angry. They want to get out and express that. Their hope is that there is a way to be able to raise this debate within government and to find a path for government to say: “Maybe we’ve gone too far. Maybe we should pause. Maybe we should do more engagement. Maybe we should do the analysis and understand the impacts.”
They hope that they might be able to bring that to this Legislature, to this government. They hope that their First Nation allies, who are also expressing concern, as I read from many quotes, will help to put pressure on this government to change its position, to back down, to allow for a more appropriate and more engaged process of change as opposed to ripping at the very heart string of our forest sector.
My hope is that pressure that will come through protests, through letters, through engagement with MLAs on all sides of the House, through engagement with ministers…. The hope is that there will a sober second look at what’s happening. That sober second look will then give government an opportunity to do the right thing and put jobs, put families, put communities in the same balance as the environment and needs for the rest of the province.
Clearly, that balance seems to be missing. Clearly, there is no champion for the forest sector in this government.
I look forward to hearing the discussions. I look forward to hearing the debate from members of the government side, from members of the Third Party, from members of my caucus on this bill — and more than this bill. This bill is the summation of actions that have happened over the last four years and, certainly, over the last three weeks. It’s a summation of the direction that it’s going in our forest sector.
If all of this carries on the way government is saying it will, my fear is the forest sector will not look anything like what we’ve ever known in this province. Maybe that’s the intent of this government. If it is, they should come right out and say it.
Mr. Speaker, thank you for the time today to talk about Bill 28. I look forward to the debate as well as the committee stage to come.
Deputy Speaker: Thank you, Member. You don’t need to thank me for the time. You’ve earned it. We’ve all earned it.
A. Olsen: I rise today to speak to Bill 28. I’ll do my best to speak to Bill 28 and not just directly to the comments that were just put on the record, although it will be a bit challenging for me.
I think that what’s important to acknowledge here is that while I share the frustration of the member for Nechako Lakes that 150 or 160 pages of legislation were put in front of us to debate with less than six days to do it…. That is particularly challenging because the changes that are being proposed in the legislation that’s been put on the table for us are important.
While I disagree fundamentally with some of the items that have been raised and the way that they’ve been raised, I think that it’s the exchange of ideas and the exchange of different opinions that help us, in this place, to better understand what’s being proposed, and it’s the exchange of ideas that will help government in terms of understanding the impact that the changes are going to have. Everything that we do in this place, necessarily, will have some impact. Otherwise, we wouldn’t be doing it.
It is particularly challenging to give the full due, care and attention to 160 pages of legislation — highly technical changes that are being made — and to be able to pay full respect to how those proposed changes will impact the people, the sector, the economy of the province of British Columbia, revenue — all of those important aspects that we need to be having definitely in front of us as we are debating and doing this work. It becomes very, very difficult when we are not given the benefit of time that is necessary in order to give a full account, I think, to the changes that are needed to be made.
There are changes that need to be made in the forestry industry in this province. I think the aspects that I find most troubling with what has just been put on the record is that we, apparently — from the critic from the B.C. Liberals — can continue to operate in exactly the way that we’ve been operating, pretending like we have an endless supply of timber, pretending like the only value that we need to be putting on our forests is the value of timber, and that we can have that debate in the context of what’s going on around us.
I find that to be shocking. You know, there seemed to be a part in the debate that I just heard where there seems to be some kind of ongoing struggle between the opposing sides of this place about who has done more damage to the forestry industry, which government — the B.C. NDP or the Liberals — has caused the most job losses in the industry.
The notion that we can continue to do what we have done, the notion that we can continue to capture forestry as is captured in this rotunda, in perpetuity, in this province is just a fallacy. We don’t have the benefit of those grand, ancient forests that previous generations did, because those were logged, because they are in the desks of this place and on the walls of this place and many, many places around the world.
I don’t share the same opinion of the previous member who spoke in my attachment to the way things were. But that should not be misconstrued that I have any less fear for the impacts of a declining forestry industry or the decisions that are being made on the people that are in the forestry industry. I think those two are often misconstrued.
Simply because I don’t think that the forestry industry can continue to exist as it has in the past does not mean I lack compassion for the people that are working in the industry. In fact, we’ve been long advocating, first as partners in a confidence and supply agreement and now as members of the opposition, for fundamental changes to the forestry industry in this province. At the centre of that is the recognition that the forestry industry has changed. Tens of thousands of British Columbians have lost their livelihoods, and neither side of this House has really done much about it.
The mechanization of the forestry industry has probably cost more jobs than anything else. I’ve talked to people who worked in the forestry industry and say that two individuals in machines can do what 40 individuals used to do in the same amount of time. There, just in and of itself…. While both sides of this House debate who’s been worse for forestry, neither seem to be willing to talk about the impact of mechanization and the support for the families that lost those jobs.
[S. Chandra Herbert in the chair.]
While we have watched vast, huge parts of our forestry sector be literally put on boats and shipped away so that other jurisdictions around the world can process that fibre, nobody seems, in this place, to want to talk about the impact that that has had on the number of jobs in the forestry sector, because it happened, you know, in the big, bad days of the 1990s, when the B.C. NDP were in power, and it happened in the big, bad days of the 2000s, when the B.C. Liberals were in power.
I have no patience nor much time for this debate that goes on in this House about who’s been worse for forestry. While that debate has been going on in this House, the forestry industry that we should have — a sustainable industry that provides high-quality fibre to markets locally, regionally, nationally, internationally — has been cut down, has been clearcut off the sides of the mountains, making us more vulnerable to wildfire. Then wildfire makes us more vulnerable to landslides. The landscape management, the lack of proper landscape management in this province over decades, frankly, is embarrassing. We need to call it what it is.
The reality of it is that our own actions have been contributing to climate change — and the fact that we plant tree farms in this province and not forests. Anybody who’s spent any time out there can immediately tell the difference between a tree farm and a forest, an old-growth forest or a naturally occurring forest. There are massive differences. All you have to do is look at the undergrowth. It’ll be the first indication that you’re standing in what is a fibre farm, a tree farm.
We’re still one of the only jurisdictions around that just clearcuts, that just draws a box on a map and then goes out and just obliterates the entire hillside. You can get in your car and drive around the logging roads on Vancouver Island, and you can see the impact that it’s had on creeks and streams, driving over bridges of former creeks that no longer exist anymore, because, well, if you just look up the hillside, all you see is just a barren landscape, devastated.
Here we are, advocating, in this place, for funding to protect salmon streams at the same time as we are devastating the hillsides right above where those salmon need to return home to. They leave an ecosystem that can support their health and well-being, and they return to a wasteland. Sure, it’s not deforestation, because we’ll plant a tree farm in place of it. That tree farm will resemble nothing of the biodiversity that was there.
The current government has promised to protect biodiversity. We even were close to doing it, from what I understand, yet we’re still much further away than I think many in this province would like to see. So, for me, I don’t think that we need to be lamenting the days of old, because the days of old have got us to exactly where we are today, and that’s a pretty troubling situation in many landscapes.
As the member for Prince George–Mackenzie said, just take a tour on Google Maps. Just take a tour on the time machine on Google Maps, and you can see for yourself. All the flowery words that were just said by the previous member who spoke…. You can see it for your own eyes if you take a visit on Google Maps and watch as British Columbia’s landscape has been chopped into blocks and cut down.
Then we have to deal with the economic, social and environmental devastation that we are going to be debating in this place tomorrow: the impact of floods, the impact of climate change, the impact of a climate crisis, a climate emergency — all of those things. It’s one thing to stand in this place and say that this forestry industry is perfect and that we should preserve it like it was — that we should make it a fossil and just keep it the way it was forever.
I encourage anybody who has the means and the ability to go out and look at it for yourself. It doesn’t take you long, standing at the bottom of a cutblock, to feel a really empty feeling in your stomach about what it is that we’ve been doing to the landscape of this province — not this government, not the last government, not the previous incarnation of the previous government or the former incarnation of a party that doesn’t exist anymore. Over decades in this province, we have undermined and eroded the very ecosystems that we rely on to keep us healthy and to protect us.
I don’t have much attachment to the way things are currently operating or the way things have operated. We absolutely have to operate differently. Anybody who is impacted by that — we in this chamber have a responsibility to help them through. We have made commitments to Indigenous nations in this province. This bill is creating mechanisms for us to be able to deal with a fundamental conflict over land that has existed since before we cut the first tree and since before this was a province.
In fact, we are dealing with those issues now because when those boats of Europeans first showed up on the coast of British Columbia, they looked and they said: “Look at the timber. We can build the Royal Navy out of that. By the doctrine of discovery and the doctrine of terra nullius, we can grant ourselves the authority to do it.” Frankly, that’s how we’ve been operating every incarnation of every government from that day forward to this day — today — that we’re looking at legislation that will look at special purpose areas.
There’s a reason why special purpose areas, as I understand them, are area-based and not volume-based: because Indigenous nations’ territories are not volume-based; they’re area-based.
We can complain about the fact that we’ve been looking at the forest on volume all we want. It has no connection to the fact that we have a fundamental responsibility to ensure that we’re looking after the primary conflict that has existed in this province and in this country — but we’re responsible for this province — and that’s the conflict over land. That’s the statements that we’ve made about sovereignty and title and ownership of land over vast swaths of this province that the courts in our province and our country have been saying to us for decades: “You need to sort this out.”
That’s the reason why this bill, this forest act, in concert with another forest act that is currently before this place, and in an intentions paper that I’ve got all sorts of issues with, is being moved forward. It’s the debate in this place that I think will, hopefully, improve those so that we are not talking over top of one another and talking at cross purposes and so that we understand what it is that we’re talking about.
There’s a lot of language that’s being used here and I think a lot of rhetoric that has been used around forestry. But the reality comes back down to the reality — that we have to sort these fundamental problems that we face with our landscape out. Indigenous nations have to be a part of it, and we have to create mechanisms.
The Tsilhqot’in decision in 2014 should have been a flag for anybody in this province who has been paying attention to forestry, the forestry industry and the issues that have been related to title, rights, sovereignty, decisions that are being made.
The Blueberry River First Nations decision that came down this summer should be another flag for people that we cannot continue to undermine every single aspect of Indigenous nations by having one conversation at this time and another conversation and another conversation and another conversation and never talking about the cumulative impacts of cutblock after cutblock after cutblock. We’re not talking about the 15 cutblocks that came before. We’re only talking about the cutblock that we’re talking about today.
What is the result of that? The result of that is exactly what you see when you get in your car and you drive the logging roads of Vancouver Island or the Okanagan. I drove those roads in the Okanagan as a kid growing up. I was sick to my stomach when I flew up there two years ago, because the forests that I remembered being there were lying horizontal, or they were already gone.
We’re wondering why it is that entire hillsides are washing down into rivers and creeks and streams, destroying infrastructure in this province at the cost of billions of dollars. Somehow, arguments are going to be made to muster a defence for that kind of behaviour. It’s mind-boggling.
While I will stand up and debate aspects of the way the government is doing this work, this work needs to be done. While the work that’s being proposed in this legislation may not be how I would have done it, or how it’s being articulated may not be how I would articulate it…. I might have a different opinion about how we should be engaging with Indigenous nations as partners.
I’m going to do my best to try to separate the two pieces of legislation that are in front of us and do my best to try to speak to the one that is here in front of us today and not get carried away on another piece of legislation or on an intentions paper that is apparently providing the overall framework.
The reality of it is, is that our industry is consolidated into a handful of companies that have an incredible amount of power and an incredible amount of information about our landscape. That’s exactly the way it’s always been, really.
I mean, there was a point in time when there were a lot of small companies — community companies, family companies. But the reality of it is…. I think it’s important for us to go back and to be reminded of the fact that big multinational corporations had their hands on these resources at the very beginning.
We talked about it yesterday — Louis Riel Day and the Hudson’s Bay Company selling land to the Dominion of Canada. It was at the heart of the Red River Rebellion and the creation of Manitoba.
The reality of it is that we have been operating in this province for decades, pretending like Indigenous nations don’t have more of a say than they actually do. I think I got that right. I made the point, anyway. Now we have to do something about that, because we can only lose so many court cases.
If the events of the last few days have not been enough of an indication…. I can’t believe that we’re going to stand in this place and hear arguments to support the landscape management regime that we’ve had over decades in this province and then tomorrow stand up and have an emergency debate on the impact of massive floods, the impact of climate change and the impact that our own decisions over decades in this place have had on the landscape of this province. I mean, I guess we might, but that would, I think, indicate a level of cognitive dissonance that is truly shocking.
I think that it’s important to acknowledge, as I have done here in the opening comments, that the current state of affairs in this province has been serving interests that are not necessarily those interests of the people of British Columbia. They’ve certainly not been serving the interests of the flora and fauna of this province. I think that it’s important that in concert with what is being proposed in the other forestry bill, we change our approach to landscape management in this province.
In order to do that, there are going to have to be some changes to how the business of forestry operates in this province as well. That doesn’t mean that there will not be forestry in this province. I don’t want anything that I am saying here today to be misconstrued as not supporting a sustainable forestry industry in this province.
The wild west forestry industry, I don’t support. But a sustainable, selective forestry industry that recognizes that we have a responsibility and a duty to ensure that we are not undercutting our ability to continue to survive on this landscape, as well, and that we have a duty to future generations must be reflected in our forestry policy, and it has not been. What has been reflected in our forestry policy is the rights of major multinational corporations.
I think the important aspect of this bill is that the government has made a decision that they’re going to, at some point, need to or will buy back tenure. They’re putting in place, in this bill, the mechanisms to be able to do that. Complex formulas, pages and pages on end of complex formulas, about how to compensate for tenure and AAC are in this bill.
The commitment that we made to Indigenous nations was not the kind of commitment that has been achieved and was not what is achieved through the forest and range consultation and revenue-sharing agreements. We’ve made a commitment to share decision-making over their territory and a revenue-sharing that goes over and above a small fraction of the money that is generated from the forestry operations, and we have a responsibility to put in place a framework that achieves that.
Now, we’ve heard consistently throughout these processes that the provincial government — and I’ll get into this in the other bill, but it needs to be mentioned here — has fallen short on what the expectations of consultation, engagement and relationship-building are.
I think what’s important is that we recognize that there are considerable steps being taken here to advance us towards the kinds of relationships, and to give the government the tools to be able to understand what inventory is on the landscape and how to secure that inventory or those landscapes to be able to have the negotiations to ensure that Indigenous people can make decisions over their territory.
This isn’t, necessarily — this is where I think, from the environmentalists’ perspective — to say that logging isn’t going to exist. It’s going to say: who benefits from the logging, and how does the provincial government benefit from those logging operations? That’s the relationship with Indigenous nations.
I’m going to leave it at that for now. I think it’s important to just reiterate that we cannot — we do not have the benefit to — continue to operate the forestry industry as it’s been operated for decades, no matter who’s been operating it. We have to fundamentally change. The courts have told us we have to change our relationship with the landscape and our relationship with Indigenous people at the centre of that conflict.
Anybody who’s been on the landscape knows that the kinds of debates that we’re having in here are not reflected in the past work of trees and forests that are out there. We’ve done considerable damage. Unfortunately, we are paying the consequences of the damage that’s been done on our landscape — this week, this summer, next week and in the years to come. We cannot continue to have the same kind of debate in this place that we’ve had, pretending like the impact of that debate isn’t translating on the landscape. It is. They need to be connected.
There will be change in how the forest management happens in this province, so it is incumbent upon this provincial government and future provincial governments, when making those decisions about managing forests and managing resource extraction, to support the people who are impacted by those changes and to support them well in advance of the impact that’s happening.
I think this is part of the challenge that this and future governments will have in this: being able to plan well enough in advance not to support those people as the job is going away but to support those people in a transition over a period of time that makes sense. It is the abrupt changes, the abrupt shifts, that are really challenging for people and families who live in communities across the province, so a transition requires that investment early on.
With that, Mr. Speaker, I’ll take my seat and thank you for the opportunity to speak to Bill 28.
Hon. B. Ma: It is my privilege and honour to rise to speak to Bill 28, the Forest Amendment Act.
I wanted to take a moment, this opportunity, to acknowledge the many people in my community who have reached out to me to express their love of B.C.’s forests and who have expressed to me a deep concern for the old way that forest management has been carried out here in British Columbia.
These forests, as everyone in this House knows, are a fundamental part of British Columbia. People across the province have recognized how important they are to our people, to our economy, to our environment and biodiversity. What I’ve heard from so many community members is how people want these forests to be strong and healthy, here for generations to come to enjoy, to support our ecosystem, and also to support a strong, high-value, sustainable forestry industry, as well, that creates good jobs, family-supporting jobs, jobs that our communities can depend on and be proud of.
You know, I don’t think it’s a secret in this House that, representing a local community that’s very urban, I don’t have a lot of forestry sector workers in my riding. That is why I’ve been equally as grateful for the conversations that I’ve been able to have with people outside of my community who do work in the forestry sector. I’ve gained so much insight from hearing from these workers directly, and I’m so grateful to them for their time.
In particular, I had the opportunity to visit the North Thompson earlier this year and had the privilege of speaking with a man who had been working in the forestry sector all of his life, nearly five decades, largely as a scaler. Working in the industry, he had a lot to say about his experience, his lifetime experience there. One of first things he started talking about with me was how he was so worried that the forestry sector and the jobs that sustained him and his family would not be there for his children and his grandchildren because of the way that things were going right now, because of the way that things had been going over the last couple of decades.
He had, like I said, no shortage of observations to make. He told me that a few key private players had almost all of the power in the sector and that the people needed to take back control over what was all of ours to benefit from and all of our responsibility to take care of. He talked about the need to provide First Nations and communities and smaller companies the opportunities to benefit from the forest sector and new opportunities to benefit from the forest sector.
He talked about the need for increasing transparency about forest inventories and harvesting activities and about the challenges that the sector has had, that the workers have had, with raw log exports, the challenges that there were with ensuring that communities and British Columbians received their fair share of the benefit in a way that was sustainable.
He lamented the direction that the forestry sector had taken over the first decade and a half of the early 2000s into sort of around 2017. He really emphasized the need to take action to ensure that this industry is strong, healthy and sustainable for generations to come so that his offspring and their offspring and their offspring could actually rely on strong jobs in this sector well into the future.
I’m incredibly grateful for the work that the minister has done on this file. This is an extraordinarily important and complex file, and I’m pleased to support her and our government’s vision for forests here in British Columbia, a new vision for forests. I will be supporting this bill.
B. Stewart: Well, it gives me pleasure to rise in the House today to talk a bit about Bill 28 and, I guess, the choice that the government has made to make adjustments to the Forest Act, which is significant.
First, I want to talk about the benefits of wood. I think everybody here appreciates that. I know that the previous speaker talked about the cutting of timber and how egregious that appeared to him in terms of the way that it’s managed.
I think one of the things that we need to remember about forest harvesting is that it’s a continuum from what we didn’t know 100-and-some years ago when British Columbia was first founded and timber was being harvested. Logs were being cut up into materials for, as he described it, I think, boats going back to Europe and things like that. That may well be the case. The only thing I would say is that those practices, obviously, have had to have been modified over time. I think that it’s important.
He talked about forests that were — reforestation. Do we know the perfect solution? One of the things that I know from some of my colleagues who actually farm — I know that I know a bit about farming, having done it my entire lifetime — is that the practices that my grandfather and my father used, etc., need to evolve into better management, whether it’s the soil or the way that we do things. I’m not certain that some of the things that we did even 30, 40 years ago….
He talked about the Okanagan. That’s, of course, where I live, and I see what’s kind of going on in terms of the reforestation, etc. I look at the forest, etc. I use the forest. I walk; I hunt; I fish. The forests are an incredibly important area, and I know it’s important that we don’t forget that this is an amazing product — trees sequestering carbon and the fact they make products that are very integrated with the environment. When they decompose, etc., when they get discarded, or when houses or whatever come down, the fact is that they compost or turn back into organic matter, which is something that I’m sure that you all know.
I remember being in London in about 1994, and there was this term “war in the woods” that was going on. I happened to be in Trafalgar Square, and there’s the Greenpeace organization scaling Nelson’s statue in the middle of Trafalgar Square. Of course, it got a lot of attention, and that’s what its intention was. Did it improve things? I think that it certainly spotlighted things that I know that….
Talking to the forest companies here in British Columbia, I don’t think that they themselves would necessarily want to be in a situation where they had to change practices. Sometimes industries don’t change fast enough. Why is it that we have an issue with fossil fuels right now? Why didn’t we see that coming? I mean, we’ve been driving cars for a few years, most of us that are in this building, and the fact is that this immediate shift and conversion over to electric or other types of technology, etc., can be more natural if it’s done over a period of time.
I want to just talk a little bit about forestry in this province. The reason I want to talk about this is…. I had the opportunity, in about 2012, to work with the minister’s colleagues — the Minister of Labour, former members Bill Routley and Norm Macdonald. We travelled the province, and we travelled to every small community. I didn’t even know that you could get into some of these communities. Even though I’d driven the highway, I’d never been to Dunster or McBride. I was at Burns Lake, where the mill blew up. Of course, we were up there. We went all the way up to the North.
I think that one of the things we did do on that particular…. We were doing a review of mid-term timber supply, the high-level stuff. The province is 93 million hectares in size, roughly, and 55 million hectares is kind of what would be considered to be merchantable timber. But of that, there’s probably a base of 20 million. I know there are other people who know those numbers far better than me.
One of the things that we were really looking at was because of the impact of the mountain pine beetle. I mean, there’s nothing…. You can’t compare it. I mean, okay, what happened on Sunday — we can’t compare that to other things that have happened in the past either. However, I think the point about it is that is we were looking for solutions.
One of the things that Bill 28 does contemplate, but on a very tiny basis…. And I do think that one of the things that we saw in that were the differences in the way that forests were managed. I can vividly remember being in the Quesnel forest district and looking at how the forest companies ….
As a matter of fact, there’s the member right there. He was out there with us as well. But going out and seeing…. I thought that they planted trees everywhere, and of course, we see that they actually disturb the soil, and it’s reforested. That works better in that particular forest district than it does in other places.
I have to say that I think it gave us an appreciation from whether it was selective logging done by people that used teams of horses to do…. That, obviously, is at the lowest level — selective logging. I think that that was in, well, somewhere south of Prince George. But the bottom line is that the whole dispute about whether clearcut versus…. Those are the right practices.
I’m sure, as the Minister of Environment and the Minister of Forests know, there’s no one-size-fits-all. That’s what we discovered when we were on that particular tour, which took weeks. Of course, we had a very specific deadline in that particular case. But I do think that it’s because it was such an important part of the economy.
Obviously, when it came out, maybe decisions that could have been made weren’t made. The bottom line is that when it happened…. I mean, I’ve walked in forests, and I’ve seen it, where the mountain pine beetle has just…. I honestly couldn’t believe it the first time I saw it and the devastation that they caused. I mean, the pulverizing, if you want to call it, of the trunks, etc.
The whole thing about it is that those mountain pine beetles completely wiped out forests and the stands of timber. There was a period of time that we actually needed to make a decision. Do we increase the allowable cut? Do we just let it fall over and die and become unusable? So there was a very specific course of action that was an increase, of course, knowing…. Nobody likes to see the decrease, but the fact is that the annual volume had to fall down or come back down, etc.
The mountain pine beetle was a natural occurrence, just like Sunday’s events were. It wasn’t something that was caused by your government or ourselves, but we made choices and decisions. I think that that’s one of the things about the consequence of trying to take advantage of that — reducing stumpage.
It’s not that we wanted to reduce stumpage. I mean that’s not the idea at all. What we wanted to do was make certain that the fibre didn’t go to waste, and the fact is that those areas were reforested. I know that there’s lots of discussion about reforestation in terms of areas, and I would love nothing more than for the minister to be telling us about how many tens of millions or hundreds of millions of trees and how many millions of hectares we’re reforesting after the devastating forest fires of the last few years.
I know in my particular riding, I had a small sawmill wiped out and a couple of homes. Of course, Neal Morgan, is without his business that he had. Of course, the timber around there, in and around the White Rock Lake fire, is not all gone, but, certainly, there are reduced uses of that particular timber.
One of the things that I think…. That tour the Minister of Labour and myself and our critic went on…. We saw the value of fibre in those communities. I mean, in those days, it was relatively early days for the pellet industry. I’m sure that many of the members that are here…. Or I’m sure in Stikine or places like that, there’s a lot of this value-add in terms of what’s happening in terms of fibre supply.
A couple of years ago we visited a new pellet mill outside of Terrace, a place where the wood stands are decadent. They’re not really very good. But the reality is that there are other uses for fibre that have been not necessarily properly utilized.
I appreciate the fact that this bill is attempting to try to find pathways forward, not only for community forests or First Nations and things like that. But let’s just go back, about those communities that we visited — Smithers, Houston, Burns Lake, Prince George, McBride, Dunster, Valemont, Blue River. I mean, it goes on and on. And Merritt.
Honestly, the jobs…. You know, those are the direct or, let’s say, indirect jobs that are attributable to this. We already have Bill 23, which is going to change things dramatically.
I don’t know if our critic mentioned it, but he and I had a recent meeting with a company that’s family owned. It’s been in operation for over 70 years. I know the founders. Unfortunately, they’ve both passed. That particular company is a model employer. I think, even considered amongst its peers, it’s a model company. They have three mills, and they employ well over 1,000 workers. They have a pole mill in Lumby.
I think the thing about it is, with the recent changes under Bill 23…. They’re a very heavily value-added fibre processor, if you want to call it that. The maps that I have been shown, etc., show a reduction in fibre supply to that particular group, if everything goes as planned, of up to 85 percent, for the mill in Revelstoke. And 85 percent just means that they’ve lost 350 jobs, if they don’t have fibre supply.
That is a big problem. Of course, it happens to be a cedar mill that does value-added processing. There are lots of cedar mills down on the coast. I mean, it’s trapped in there.
I visited Dick Jones down at Teal-Jones a couple of years ago. I looked at the creativity and imagination that they use to add value to every stick of wood that they process. They certainly didn’t want to see it going into some sort of waste or something like that.
Now, I know that, admittedly, Dick isn’t a supporter of our particular party, but he is very integrated into the whole business. I know that on export log sales, Teal-Jones is often one of the companies that’s in there, trying to elbow its way in to make certain that every available…. I mean, they’re smart. They’re thoughtful.
I think, at the end of the day, one of the things that’s going to happen is…. Between Bill 23 and Bill 28, which we’re talking about today…. I think that we have to recognize the unbelievable economic impact of what forestry and all of the subsidiary jobs create in this province.
What do they actually mean? Well, in my community, I have not only the people that founded Gorman’s mill and their siblings and their grandchildren working there but hundreds and hundreds of other workers in the Shuswap, in Revelstoke as well as in West Kelowna. Those particular jobs are important. They’ve created the community.
Yes. We’ve got something that shouldn’t be in the House here, and it’s probably eating wood. It’s some sort of bug that needs to….
Anyways, I think that one of the things that we don’t want to lose sight of is the fact…. You know, the amount of…. I know that the Minister of Finance is not here. I know that the amount of revenue brought in by the entire forest industry to the provincial government is so important. So consultation is specifically important.
I know that the Minister of Labour and I walked away with a much different viewpoint. I think we agreed. We did make some recommendations. Did we adopt them? Not exactly. We should have.
We did see Dunkley Lumber out of Prince George. Area-based management works. It’s mentioned in Bill 28. I like that, but the bottom line is: does it goes far enough? Is it going to be taking volume-based management and moving over to area-based management? That is specifically what….
I think that we saw very good examples with mountain pine beetle in that particular forest company — area-based management. They went in, and they were aggressively cutting timber that was…. The early mountain pine beetle, while it went through their stands…. They made certain they ferreted it out as best they could, and they survived and did a better job in managing their forest. They weren’t just high-grading, which I think is one of the things that, in this particular case, Bill 28 is trying to maybe somewhat address.
It’s a fact that we have to add value. I know that the people that I have in my particular riding add value. For every mill they have, they add a lot of value. As a matter of fact, their trademark is “Gorman’s finest boards.” The bottom line is that they’re in a totally different business than many others.
I know that when it comes to companies that are down on the coast, I’ve seen mills that are in Ruskin and places like…. Well, take LMI Technologies. They’re in Burnaby. Who would have thought that the forest industry had an impact? This is a company that I visited a couple of years ago that does log scanning. They essentially make it so that they optimize what’s coming through the mill to make certain that we’re getting every available possible board foot out of a log and making certain that…. Well, as the word says, optimization.
I think about Dick Jones, and I see what he’s doing, and I think about all the mills that are down in the areas where people don’t think that forestry is really in their community, etc. It affects an awful lot of jobs, more than what the eye sees. It’s not just the ones that are in Williams Lake and north of that. I say that, meaning that there are big mills. That’s come as a result of demand for a competitive product that is being produced here in the province.
What does Bill 28 do to help create certainty for the mills that are out there, for the people that are employed in this industry? It’s the uncertainty. We have to try to minimize that if we can. That’s partially by creating real certainty. I know that that’s important. If we want, let’s say, more robust biodiversity management, then we have to make certain that we find a way to do a better job. I’m a farmer, but I’m not a forester. We want to make certain that we’re improving the social and economic well-being of working families in the resource-dependent communities.
I think that it’s important that…. The forests have their place in British Columbia. We heard about landslides and all the things, etc. I don’t think that clearcuts necessarily look particularly attractive. I fly over them, and I see what happens when the soil is eroded, etc. I would disagree with the people that suggested that on steep hillsides, that was the right way to do things. They might disagree with me, and they probably do.
I do think that what we do need to do is make certain that we incentivize and encourage. If we’re going to have a higher-cost way of doing things, we need to make certain that we incentivize. I don’t necessarily see that. Perhaps maybe in committee stage those questions will come through, because there is an awful lot in this large bill.
I think that it’s important that we…. There are a lot of things in here. Special purpose areas. Obviously, that’s something that is terminology, but I do think that we need to better understand that and how that’s going to affect the livelihoods of the companies and their employees that might lose those rights. Now, I know it says that’s going to be compensation. There’s no formula. Or maybe there is a formula in there. I apologize.
I think that the fact is that what we do want to make certain is that there is a value to…. These mills have, over decades, invested in buying…. Whether it’s volume-based or area-based management, they have invested and bought allocation, if you want to call it, just like chicken and milk and all the other supply-managed boards that are out there. There is a value, a quantifiable value. I think that most companies would want to make certain that if there is a reduction, they would be properly compensated at fair market value for what that is.
I think that the takeback, if you want to call it, of the special purpose areas…. What we want to make certain is that there is an understanding that it’s not just a reallocation. I’m sure it’s not exactly that. But the fact is we’re taking something back that is…. It’s Crown assets, but at the end of the day, what we’re trying to do is trying to make certain that we maintain those jobs. I do like the idea of value-adds, but I don’t see it in this particular bill. I just see the wording that suggests that it’s going to be there.
We talk about the deferrals. Is this going to lead to an increase? The minister used, I think, about 4,000 jobs that would be affected by Bill 23. What’s the impact of this going to be? I don’t know. I don’t know if she knows. I don’t think that when you put the two together…. I’m not exactly certain how that impacts.
What I will tell you, though, is that COFI, the Council of Forest Industries, has estimated 18,000 jobs. We have seen the people that are directly impacted. The steelworkers that work in these mills say that they’re devastated by the impacts of these things and the impact that they’re going to have. They’re worried about their jobs. We had that Western Forest Products strike with the workers for a long, long time. That doesn’t do anything for Port Hardy, Port McNeill and all of the other communities north of Campbell River.
I do think that it is important. Sometimes things just don’t make sense, and they need to fail or be shut down. I think that outside of Campbell River — or Nanaimo, maybe — there’s a former sawmill there that is just kind of derelict. It’s kind of an eyesore. I think that that’s not what we want to be doing. We want to make certain that there’s resiliency and that these communities know that those are good-paying jobs and that there are spinoff jobs, like I mentioned with LMI — about the opportunities for technology and ideas from people that are working in there.
Data is really important. I do think that that is important — that we do know what exactly is happening in our forest, on our land base. I think that in Bill 28, it suggests that there’s auditing and some other things like that. We do want to make certain that it’s used for the right purpose.
I mean, in the way that it’s kind of suggested, it looks like it could be more punitive. Maybe that goes on. I’m not a forester; I don’t know. But I do know that the bottom line is that accurate data in the hands of the chief forester of the province of British Columbia is extremely valuable to make good decisions.
One of the things that this bill talks about in terms of value and the compensation amount that is going to be…. The bill states: “…an amount determined by the minister based on the net income that would have been earned on the sale of the harvested timber….” It leaves the discretion to the minister, cabinet and OICs, which, maybe, will determine what compensation companies like I just mentioned…. Gorman’s, Tolko, which are both nearby, harvest timber there, etc. What’s the takeback going to look like?
I just spoke the other day about the Westbank First Nation community forest and their award, the Robin Hood award, that they had achieved because they’re good foresters. I’m sure that the Gormans are well in that camp.
I do think that the approach to compensation needs to be a system where it’s clear and where it’s not easily altered by the minister in the sense of just through regulation or a stroke of the pen, it can be allocated. I do think that that’s important.
Who is going to decide where these special areas are located? Where they are coming out of? Is it going to be the chief forester? What are the parameters? I know that it talks about some of the intent in those particular areas — expanding First Nation forests.
I hosted round tables for forestry in my riding. Well, we hosted them all across the province, because of the importance of it, but I know that I hosted about 50 different logging companies from in and around my area, and we had a chance to talk about that. First Nations were at the table. They talked about the fact that they are a relatively small community forest. If it were bigger, they would be helpful in terms of making certain that there was that certainty.
I can speak to people that are value-add producers that are up around Enderby or Armstrong. They didn’t have any guaranteed supply. They were looking for certainty. What type of certainty? Let’s say that we take these special areas, and we give that to a First Nation. We’re going to charge stumpage, and then the First Nation is also going to add value onto that.
What is that going to cost? How is that going to work out for the people that are not just value-add? What about the regular suppliers like the ones that I mentioned, Downie Timber up in Revelstoke? It sounds to me like it is still that level of uncertainty that we want to make certain we eliminate.
The other thing with these special purpose areas…. I wonder, if I’m allowed to cut in a certain area…. The geography in British Columbia is relatively challenging in a lot of areas. How does somebody that wants to harvest get through a special purpose area? Can they get access through that? I don’t know. It just is a question that comes to my mind, in the sense that it’s one of those unforeseen things. I don’t know if the permitting is available for that. I’m sure the minister probably has answers to all of these, when we come to those questions.
This legislation…. I guess that my concern is: is it going to pick winners or losers? I don’t know where the takeback is going to come from, but I’m sure that we’re going to see some of that in the future.
One of the things I mentioned about data…. We saw, with high stumpage fees, especially when timber prices were down in the toilet, that the bottom line was that the rolling average that’s used in our neighbouring provinces on a monthly basis did have some advantages. I mean, I think the reason we principally do that is because of the softwood lumber and that we’re trying to keep the tariffs, which are on our lumber going to the U.S., in check. Of course, we know that they don’t produce enough material.
Anyways, they collect an awful lot of stumpage from us. I do think that a more dynamic management of data would be a good investment for anybody that is in the forest sector — more certainty about what they’re looking for.
I guess, really, what Bill 28 is, is a major overhaul to forestry tenures. I think that happens from time to time. But I do think that we do need to have time to make certain that we properly get a chance in committee to ask those tough questions, to allow us to make certain we understand the understanding of some of the things that have been raised by myself and the critic.
I guess, really, we’d like to know if local communities, First Nations and the smaller companies that have, perhaps, more opportunities with value-add will get access to that. How will they get access to it? I know government wants to diversify this sector, and I applaud that. I think that that’s a good thing. But we do need to make certain that it’s not meant to be punitive, just because of what I described about the mountain pine beetle and the damage that it did. I mean, it impacted everybody.
Of course, I’m sure that in the back of people’s minds is the high cost of housing, which I think everybody here is well aware of, and the cost that wood was selling for, per 1,000 board feet, up until recently. Of course, it’s had a precipitous drop, which happens. I mean, it’s very cyclical. But at the end of the day, in the people’s minds is that the forest companies are benefiting from that. And of course they benefit, but they also have to carry all that capital, all of those people. They try to carry it through the slow times.
We need to try to make certain that they are resilient. That’s the cyclical nature of that. I honestly think that it’s so important that we do work with that. So I look forward to the fact that this bill will give greater certainty.
I guess the other thing is that the replaceable forest tenure held by First Nations will double. I look forward to hearing more details in committee stage from the minister as we go through that.
I hope that we can solve…. I have a note here about softwood lumber, and I know that many of the mills that are exporting down to the States would like to know how this is going to further the solution on softwood lumber.
Thank you very much, Mr. Speaker, for allowing me to speak on Bill 28 today.
G. Kyllo: It gives me great pride to rise in the House today to speak in response to Bill 28, the Forest Amendment Act, 2021.
As we know, our province’s economy was largely founded on the forest sector. It provided very important family-supporting jobs throughout British Columbia for a century and a half. Many of us live in homes where the primary construction material is lumber.
There has been talk about climate change and the impacts of forestry on even some of the impacts that we’ve recently seen, with respect to the significant amount of flooding that’s been happening in the area.
[N. Letnick in the chair.]
We also need to recognize, obviously — it has been said by some of my colleagues, previously — that one of the most renewable resources we have in this province is, indeed, forestry. The opportunity to sequester carbon in our desks or in our homes is, certainly, one area that should be recognized as part of this conversation.
Now, the forest sector provides a significant amount of economic revenue, as we know, and family-supporting jobs around the province. In many small communities, like in my home community of Shuswap, the forest sector is one of the top leading job creators, providing economic opportunity in many small communities around B.C.
There is, obviously, a need to protect the environment. I think all British Columbians are very proud about Beautiful B.C. It has been our slogan for at least as long as I can remember.
It’s the tackling of the sometimes competing opportunities that we have in our back country — tourism, recreation, hunting, fishing and, of course, wildlife protection and habitat conservation.
Deputy Speaker: Just a reminder to members, we’re supposed to be wearing our masks when we’re not drinking or speaking.
Thank you. Appreciate the cooperation.
Sorry, Member. Go ahead.
G. Kyllo: Thank you, hon. Speaker. It’s important that we mind the rules, especially in this chamber.
Talking about some of the enormous impacts that we have in our back country…. I’m blessed to live in one of the most beautiful areas of the province and, indeed, Canada, I believe — the Shuswap riding. Amazing mountainous region. Great lakes. Shuswap Lake, one of the best boating destinations in western Canada. Many of our rivers and lakes and tributaries, obviously, support the thriving tourism sector, but it’s largely those family-supporting manufacturing jobs that really are the backbone of many of the small communities around B.C.
I think it’s important to note, with the tabling of legislation that can have significant impacts on the economy, on family-supporting jobs, that it’s imperative that government take the time to do necessary work to have a full understanding of what that true economic impact would be.
If I think back to my time working with the former Minister of Jobs, Tourism, Skills Training and Labour, where I had the privilege of being responsible for B.C.’s jobs plan, it was absolutely paramount in discussions when we were looking, and government was looking, at moving forward, whether it was regulatory change or new legislation, to have a full understanding of the unintended consequences that may be associated with different pieces of legislation or regulation, especially when it comes to what is actually growing the economy of our province and providing those very important family-supporting jobs.
There was an economic impact assessment that was largely completed and looked at in advance of the tabling of any new legislation, and it was important for government to have a full understanding of what the impacts, the true impacts, on the ground, of legislation is.
I’ve got to say I’m really disappointed that, from what I have seen, this government has not undertaken that hard and very difficult and significant work. There seems to be a real lack of understanding, with respect to the impacts on rural communities.
There is a lot of conversation about the urban and rural divide. I think it just has to do with, quite often, a lack of understanding. If you’re living in Maple Ridge and you may be displaced or lose your job, Abbotsford or Chilliwack aren’t too far down the road. But if you’re in Mackenzie and you lose that very important family-supporting job, there are not a lot of other jobs available. There are no other communities within a close commute.
Losing a job in a community like Mackenzie would mean dad now has to either go away to try and find work or to try and uproot your family from the community that you live in, to try and find an opportunity to move to another area or another region of the province. So the impacts are extremely significant.
In Shuswap alone, I’ve spoken to a number of the large mill operators in the area — largely, many of them, specializing in what the province is talking about, with value-added manufacturing. Canoe Forest Products, a plywood manufacturing plant located in Canoe, halfway between Sicamous and Salmon Arm, owned by Gorman Bros. — a huge supporter not just in providing those very important, family-supporting jobs in the community. They are supporting ball clubs, hockey teams. They’re always willing to give back — a family-based company that has their true hearts in the community.
This piece of legislation, to my understanding, will impact and reduce the available harvest for this particular operation by approximately 20 percent.
Another mill, a large mill actually operating in Kelowna — a 60 percent impact. Just think about that: a 60 percent reduction in harvest. In a mill just to my immediate west…. The member for Columbia River–Revelstoke — the mill is actually located in his riding. The community of Revelstoke is a neighbouring community. Many individuals that live and reside in the Shuswap riding work at Downie Timber. This is a specialty manufacturer. They’ve invested about $150 million in that facility since they purchased it back in, I believe, the ‘70s — 300 direct jobs.
They’re a specialty manufacturer, about 70 percent cedar, providing a lot of cedar siding and interior finished cedar products — an amazing corporation that provides, again, 300 family-supporting jobs in a community. But if we just think for a second what the impact that…. This piece of legislation is looking at impacting their available harvest in the next two years. The number that I have heard is upwards of 80 percent.
Now, for many mills, they have to be running at, at least, 70 percent capacity just to break even. Even a 30 or 40 percent reduction doesn’t just mean that the jobs are reduced by 30 or 40 percent. Even a reduction of 20 percent may be sufficient, a large enough impact that the mill is actually closed. A 20 percent reduction in harvest could result in 100 percent of jobs lost for some of these operations. But with Downie Timber in Revelstoke, it’s unconscionable to think of the impact of an 80 percent reduction in harvest.
This is where I think it’s important for the government to give a clear picture of what these impacts will be. Revelstoke is a community of about 8,000 people. The provincial average for employment, when B.C. is at full employment, is only 54 percent, so let’s just assume that about 50 percent of the residents living in Revelstoke are working at any given time. That’s 4,000 employees.
To lose 300 manufacturing jobs will also mean there’s going to be an equal number of jobs in the bush. Those are actually the cutters, the fallers, the truck drivers. So you’ve got 600 direct jobs potentially at risk of being lost. For direct manufacturing jobs in a community that relies on bringing outside dollars into a community, the economic spinoff of the direct or indirect job creation is three to five times.
For every direct job that’s created in the mill, there’s an additional job that’s actually created in the bush. And then there are another three to five jobs that are created because that individual who now has full-time employment can buy a new vehicle, might be able to buy a home — and, of course, all of the other funds that flow through a community.
Impacting 300 jobs at Downie Timber is not just 300 jobs. It’s 600, when you take into consideration those that are actually working in the bush. Then you times that by a factor of three to five. Even at the lowest multiplier of three times, that’s 1,800 jobs in a community of 18,000, where there are only 4,000 people employed — absolutely devastating to small communities.
I’m very disappointed. I’m shocked that government would actually be entertaining to make these types of significant changes, which will have potentially devastating impacts on communities, with literally zero consultation. No consultation with the mill operators, no consultation with the unions that actually provide many of the workers in many of these jobs, and certainly not with First Nations.
Now, there’s a gentleman in my riding, Brett Barnard. He has Mt. Ida Nursery. They also operate a woodlot. He was kind enough to share with me…. He and his dad both shared with me some time last week, and they were kind enough to follow up with a letter to talk about the impacts. It’s interesting — what Brett has set out. As a member of a professional association, the Association of B.C. Forest Professionals, he says: “I have to follow a code of ethics. The categories for a code of ethics include competence, independence, conflict of interest, due diligence, integrity, forest stewardship, safety, professionalism and reporting.”
He goes on to say and set out some of the concerns. His number one concern starts off with: “The old growth technical advisory panel is made up of five people.” And he references: “See page 2 of the terms of reference.” Four members of the panel, the panel that was appointed by this government, have ties to the Sierra Club, one of whom was a campaign director. Now, even the forest professionals follow a code of conduct that talks about independence and conflict of interest. But this government has chosen to disregard the most basic tenet of what we would feel would be a fair, open and transparent process by appointing four of the five individuals that have a very specific view when it comes to the forestry sector in our province.
Brett has also shared with me that of the woodlot that he and his family have operated for a number of years, they have a 600-hectare Crown land lease. He said that equates to about 300 loads of logs every five years, so not a very big woodlot. But he goes on to share that, every four years, he has to make application for a cutting permit. That’s the authority to harvest timber. And every time that he has to make his application, the application has to be referred to six First Nations that have traditional territory within the area where his woodlot exists. “Last October I submitted the information for referral, and it took eight months to complete the process.”
Now, this is 600 hectares, six First Nations, eight months, yet the government is undertaking a new piece of legislation that impacts about 2.6 million hectares, 204 First Nations. Somehow this government feels that it’s acceptable to expect First Nations to actually understand what the legislation is intended to achieve and to comment back in 30 days? Thirty days. First Nations around British Columbia, the 204….
I would do a wager on this. I’d be willing to bet that this government has not even taken the simplest of acts to even send the 204 First Nations a copy of the legislation that is tabled in this House. Think about that for a second. This is a government that stood and moved forward with the UNDRIP legislation. There was going to be a new way of doing business in British Columbia. How disrespectful is that — to expect that 204 First Nations can somehow undertake the consultation to clearly understand the impacts of this legislation in 30 days? Impossible. Absolutely impossible.
This policy is going to have, without a doubt, significant impacts. I don’t think anybody in this House believes that the current trajectory we’re on, the current process, is not deserving of a review, of some changes. But we can’t run to the finish line all at once.
These changes that are proposed in this legislation are going to have devastating impacts to rural British Columbia. I have said in this House many times that in my view — and, I think, in the view of many mayors and councillors — a healthy community is a working community. When we see increases in unemployment, we see more pressures on families, family finances. It leads to more family breakups, increased dependence on drug and alcohol abuse, increases in crime.
Where is the economic impact? Where has been the consultation with those local mayors and councils that rely on these large, major mills to pay a significant portion of the taxes that help those municipalities provide all the necessary services that we rely on? Has there been consultation with local mayors? Certainly not that I’m aware of.
We know that there has not been adequate consultation with First Nations. Yet here we have a government with a majority who have made their decision on how they want to move forward, and they’re literally ramming it down the throats of business owners, small rural communities and First Nations. I find it absolutely offensive.
Now, the bill itself sets out a number of pieces. I guess we will have an opportunity, when we get to committee stage, to maybe provide government an opportunity to provide a bit more detail about the specificity of what some of the clauses of the bill actually refer to. But what I am hearing from industry and stakeholders is that there is so much ambiguity at this point, government is basically giving themselves the opportunity, through regulation, to make further and additional changes as they see fit, without the opportunity for the necessary scrutiny even of this House.
Just the timing of the legislation alone, I think, is enough to cause great concern. The House reconvened this fall on October 5. From what I’ve seen, the most significant and substantial legislation that has been tabled are these two forestry bills, the first of which was tabled just a few short weeks ago, and the other one that was just tabled this week.
The one bill was approximately 150 pages, and it got tabled in the final two weeks of the legislative calendar. If this legislation truly was as important as this government has indicated it is with respect to their agenda, it should have been tabled at the start of the legislative calendar so there would be additional time to be able to understand, truly, what it is that government is trying to undertake.
I support jobs and economic opportunity, especially in my riding of Shuswap. We’re all elected in this place to stand up and to fight for the communities and the constituents living in the ridings that we actually represent.
I’m upset, as many of my colleagues are. We’ll see, I guess, as we go through. This is just the second reading debate. I’ve seen only one additional speaker from government’s side actually speak, and I know there are members from the government’s side that live in forest-dependent communities or provide representation for forest-dependent communities. I’m really interested to see if they’re also willing to stand up and to fight for the ridings that they represent. Or will they remain silent, sit in their seats and follow the direction of this administration?
It appears heartless. It appears to not be backed in any economic evaluation. For that, it causes me great concern. I will continue to stand and fight and speak up for the negative impacts that this piece of legislation and many of government’s initiatives are going to actually have on small communities throughout the Shuswap and throughout the province.
M. Morris: This House knows that my views are quite different than those of some of my colleagues. My colleagues accept my views, just as much as I accept theirs, and that’s what we’re all about. We’re a big-tent party, where everybody is given the capacity to express their views and their thoughts on what’s going on.
One of the guiding principles that I’ve adhered to all my life, particularly in my working life, is to seek first to understand and then be understood. After living the number of years that I have, and being an outdoors person all my life — as a trapper, a hunter, a fisher, a camper — I’ve seen the cumulative effects of forestry and resource development in my area and right across the province. It’s led me to spend a lot of time researching forestry and understanding what those cumulative effects were all about.
I know that government has done a lot of work. I first went to government back in 2011 with my concerns over cumulative effects when I was a member of the B.C. Trappers Association. I know they’ve developed the cumulative effects framework, and they’ve done significant work on that over the years.
We’ve been harvesting wood in British Columbia, now, for well over 100 years. But it’s ramped up this last 60 years. That’s when we introduced clearcut logging to the province — about 60 years ago. The effects on biodiversity, our flora and fauna, I don’t think are broadly understood by many in this House and by many folks across the province, because they don’t spend the time out in the wilderness like I have over the years.
The impacts of the 75 years of the sustainable-yield strategy I spoke about before in this House — it was adopted in 1945 — are focused solely on growing and harvesting trees, liquidating old growth, as one of the commissioners stated. I believe it was in the 1975 royal commission on forestry. We’ve transitioned, now, into managed forests — or working forests, as industry terms it — of conifer plantations.
My task now is to be understood so that we, as elected representatives in our communities, have the big picture of a very complex natural environment that we all live in. By recognizing all the collective values of our forests, not just the fibre but all of the collective values, I think we can prevent — and I’ve told this in different groups I’ve spoken to — killing the goose that lays the golden egg in this province here.
We do have biodiversity that is second to none in British Columbia. One of my colleagues spoke earlier about British Columbia and what we have here. We have 94 million hectares. British Columbia is the most ecologically diverse province in Canada.
We’ve got five million hectares of wetlands, lakes, rivers and streams. We have 36 million hectares of alpine meadows, mountains, rock and barren ground, and the remainder is covered in vegetation. That’s where the 50-odd-million hectares comes from that I’ve heard referenced before.
Of that, 22 million hectares is in the timber-harvest land base, but the rest is a variation of different types of vegetation. Some of it is not harvestable. Some of it is uneconomical to harvest. Some of it may be considered as old growth.
I’ve got lots on a trapline that my family has, north of Prince George. Three-inch diameter black spruce is considered old growth, according to the definition. I’ve got some in my office, there. It’s close to 150 years old, but it’s three inches in diameter. That’s considered old-growth.
There’s hemlock. There’s a variety of different conifer species in those higher elevations that are not economical to harvest, and they provide such a high level of biodiversity for a lot of the animals that we have.
I also have to emphasize that I and my colleagues are in complete agreement that this legislation is ill-conceived and is going to be detrimental to our rural communities and to our First Nations. We’ve already heard a number of the issues that cause concern, but we differ on why we disagree.
The bill is about reallocating timber, assigning tenure to First Nations and community forests. The bill, though, is still stuck in the rut of that incomplete strategy that I have referenced before, the sustainable yield strategy from 1945. It contemplates dragging these changes out over an agonizing time period, ten years or more, but it’s still only tinkering with the system. It’s not taking into consideration all the other values on the land.
The question that jumped out at me when I read through this bill is: what timber? First Nations have an opportunity. They’ll be benefiting from this tenure reallocation. But I think when they get out there, they’re going to be shocked to learn that the volume that is being promised to them isn’t there. The volume of harvestable timber. I have to emphasize this: the volume of harvestable timber.
Our province is covered in trees. We have 22 million hectares of trees within the timber harvest land base. We’ve got millions of hectares that are outside of that, that have trees on them as well, but I’m talking about harvestable trees.
When I talk about harvestable trees, I mean something that we can go in and cut down and we won’t have to worry about the other values on the land if we do it properly. But if we go in and we harvest in cycles that will eliminate hundreds of species of wildlife, hundreds of species of flora and fauna in the province, I think we need to re-examine that position that we take on this.
Up in my area, there’s the marten. There’s the fisher. We used to have an abundant population of them. Raptors like grey owls and the goshawks used to be in abundance up in that area. A lot of those animals…. There are 65 species of wildlife in British Columbia that nest or den in tree cavities. Those tree cavities don’t start developing until the trees are 70, 80, 100 years old.
In essence, by cycling through trees before they can accommodate this wildlife, we are effectively eliminating those 65 species of wildlife from British Columbia.
I’ve got a report, which I’ve had for years, that I looked through. It was commissioned by Forests and Lands back in the mid-1980s. It was talking about the impacts of clearcut logging — by that time, we’d been clearcut logging for about 20 years in British Columbia — on marten and fisher, part of the mustelid family. The report was in 1986, but it had the Omineca region of the province as one of the most densely populated or having the most dense population of marten and fisher in the province. They were all over the place at that particular time.
What they were saying about the clearcut logging was…. The temperature on the ground increased significantly enough that it was too warm for the marten. There was also not enough food sources for them if the clearcut was too large.
The marten themselves den and have their young in the old-growth forest. As that old growth was disappearing, the marten populations disappeared. There’s no count. The province doesn’t do a very good job on inventory for wildlife across the province here, but if you talk to any of the trappers that are out there and have been out on the land for 40 or 50 years, like I have, they can see that the marten populations are down probably by 90 percent.
In many areas, the marten population has been extirpated. In many areas, the fisher population has been extirpated.
The Forest Practices Board did a review of marten habitat in the Cariboo a couple of years ago, and they had some recommendations come out of it. One of the things that they found was that all of the fisher habitat had been logged. It was gone. That was as a result of a lot of the pine beetle harvesting that we had at that particular time. It will take probably a century before the habitat grows back sufficiently enough for the fisher to return.
We may end up having to do what the United States has done. I participated in programs like that in British Columbia here years ago, where we live-trap animals like marten, like fisher, like lynx. That’s happening right now. They’re transplanting them into areas where they were extirpated down in the other parts of the province here. I would hate to see us get to that particular point.
I mentioned raptors as a valuable part of the biodiversity population that we have throughout the province here. The Interior. Every night I could go out when I was out in the bush, and I could hear owls all the time. I haven’t heard an owl now for several years. One of the other raptors that was predominant throughout the interior of the province was the northern goshawk, a beautiful bird. The plumage that the males had on them was a nice silvery-blue colour. They were prolific, all over the place. I haven’t seen one now for probably 15 to 20 years.
There is an interesting study that was done recently up in the interior of the province. They were looking at goshawks, in particular. In this particular forest timber supply area, they had determined that prior to existing industrial harvest, this area probably had 400 goshawk territories. Now they feel that it’s down to 30 goshawk territories. They call it territories. They say that you need 2,400 hectares of untouched forest around each of these goshawk territories in order to provide the environment for them to survive. They’re down to 30 goshawks.
Now, goshawks are like any other raptor, like any other animal in the wild. They’re very territorial, and they fight to the death. If they lose their habitat, they fly into the next area that might sustain them. There will be a fight to the death, or the other one will get chased out, the weaker one, and could starve or die of other causes.
The same thing happens with fisher and marten. They will go into the adjacent area that might be able to sustain them, and they won’t survive.
Forestry has been going on for well over a century in British Columbia here. I go back to comments that the chief forester made back in 2003 in a presentation to the UBC forestry students. He was talking about the fact that up until the mid-1990s, forestry never took into consideration riparian areas, wildlife habitat. There are a number of things that they never looked at. They just looked at: “We’ll cut a tree down. It’ll grow back in 100 years, and we’ll be able to cut it down again.”
It wasn’t until probably into the early 2000s before those factors were required to be looked at. Of course, they were put into the regulations on the Forest and Range Practices Act, the planning and practices regulations. As I mentioned in my previous discussion on the bill we had here a couple of weeks ago, it still didn’t meet the requirements that were necessary to protect the wildlife that we have out there.
We look at our salmon and steelhead in critical decline across the province. I’ve recently read some hydrological reports that indicate…. Well, there are a number of factors with hydrological reports there, but I’ll talk about the equivalent clearcut area. That is used as a hydrological tool in the province.
I think it was back in the 1990s that the province determined that if it’s a community watershed, only 20 percent of that watershed would be the equivalent clearcut area. You could only have 20 percent of it clearcut. If it was a fishery-sensitive watershed, you could have 25 percent. Any other watershed would be 30 percent. Those were established, and they are still used today. There was a note that Forests and Lands put out here, back in 2017, that reinforced those numbers.
It’s a complex formula. I’ve talked to hydrological experts in the last while, and it’s a complex exercise they go through because of the terrain, the type of soil, the rocks, the growth. There are a number of factors that are taken into consideration, but those numbers still remain the same — 25 percent.
Fishery-sensitive watersheds. If we look at the watersheds where the steelhead spawn, as an example, we see numbers declining. Those watersheds have been clearcut in excess of the 25 percent, in these fishery-sensitive watersheds — right from the confluence where they join another river or where they join a lake, all the way up to the source of that particular watershed.
Like I said before, the Chilako watershed in my riding — and it’s in the member for Nechako Lakes’ riding as well — has an equivalent clearcut area of well over 80 percent. That was determined back in 1980. It used to have salmon counts well up into the thousands. Over the last 20 years or so, those numbers are now single-digit numbers.
Habitat. I walked a lot of that river last summer with a fisheries biologist. He was commenting on the importance of deciduous growth and the other parts of a natural environment along those streams here that would promote salmon habitat.
We used to have moose populations in the Interior, guaranteed. If you were out hunting, the success rate was pretty high. Government documents show a sharp decline from 2005 to 2015 and another decline from 2015 up until…. I believe the record was around 2019. The cumulative impact of those moose population declines was somewhere up around 90 percent.
There is a biologist working for government out of Prince George who made a presentation at the University of Northern B.C. He talked about the impacts of clearcut logging on moose habitat and habitat for many of the other animals there. What he was saying was that for the protein value in the moose browse that was in the clearcuts, the further away from the edge of a mature forest that you got, the protein value declined, to the point where a moose would have a full stomach of its favourite browse, but there was no food value in it.
They’ve done a moose-collaring study up there, and they found all kinds of issues there. I won’t go into all the details of it, but starvation was one of the critical factors there, and perhaps that led to predation, because predation was another major factor with the animals there. Those are the kinds of issues that need to be kept in consideration, moving forward, with any kind of a forestry program.
British Columbia can still have a viable forestry program, a viable forest sector. I know a lot of people in the forest sector. I worked in the forest sector as a young fella. I had relatives involved. They had a logging outfit. I still see people who work in the forest sector who own their own equipment. They are as concerned as I am about where these trees are. I stop and talk to them out on the trapline when they’re going by.
When you have a truck driver that has to go 200 or 300 kilometres into the forest to get a load of logs to haul back to town, that gets to be a long period of time.
Deputy Speaker: Member, I think all the members understand the relationship to the bill, but for those that are watching from afar, could you, every now and then, tell us how that relates to the bill that we’re dealing with?
M. Morris: Yes. Thanks for the reminder, Chair.
This bill is about reallocating tenure. But there is more to…. When I talk about reallocating tenure, a lot of this has to do with that — landscape plans. There are a number of other things involved in that. But there is no mention in there about all these other values of the land that I’ve been speaking about for the last several minutes here. I think that needs to be a consideration that has to be injected into the process.
Like I said, the First Nations and the communities that have community forests are going to be quite shocked when they go out there and look at what they have. If they make a decision and if the decision is made in this House that this moves ahead and we are going to be cutting down trees when they get to a certain age without any consideration for the other biodiversity on the land, then so be it. But I want my voice to be heard, saying that I think this is the wrong direction to go. I think that we should have a more ecologically-based forest system.
We’re not in government. I’m not in government. My job over the next few years is to bring everybody around to my way of thinking, moving forward, and we’ll see where we are by the time the next election rolls around here.
I think it’s incumbent upon everybody, every elected person in this House, to go out and have a look and see what’s out there — see how big these trees are and see what wildlife habitat is left along the rivers and streams that we have in the province that provide the basis for our salmon and our steelhead and all fish species in the province here, and bird species.
A paradigm shift is required. I’ve heard members talk about it in the House, and I’ve also talked about this with members that are involved in the forest sector. Mackenzie is in my area. There have been families that have worked in the forest sector in Mackenzie since Mackenzie was first developed in 1968. There have been families that have been involved in forestry and logging across this province for four generations and more.
We’ve been logging for four generations and more, but we have adopted technology and systems to log faster and to cut faster than we ever have before. I don’t want to see it end up like the Atlantic cod fishery, where they’ve got to shut everything down completely because there is nothing left to fish for.
We have an opportunity here, now, to turn the dial and to bring in a forest policy, a different way of thinking than we had 75 years ago when we adopted the sustainable yield strategy. We need to change our thinking on this and come in with a strategy that recognizes all the values on the land base, where we recognize the flora and fauna and the interconnectivity that all of these species have in the environment that we have — that contribute to clean water and clean air, that contribute to reducing the forest fires, that contribute to just about everything that we stand for in British Columbia.
Like I said before, we were the envy of North America for the ecological diversity that we had here in British Columbia.
I spoke to a wildlife biologist one time. He was talking about how North America was anchored in two corners. One is with Florida and all of the biodiversity they have down in Florida, and the other one is British Columbia. I have to agree with him. The number of species that we have in British Columbia is second to none across North America. We can still have that. We just have to adjust the dial, change our way of thinking so that we’re inclusive of everything.
I hope the First Nations, when they look at this, take this into consideration as well. I’m sure they want to see the biodiversity maintained to a level that they can still go out and harvest their animals and their berries and their mushrooms and the things that we all live on. I’ve lived on moose meat most of my life — and wild harvest animals and whatnot.
This is something that I will talk about passionately. I think this bill goes in the wrong direction. I think it’s still tinkering with the old sustainable yield strategy. It’s an incomplete strategy because it only focuses on the fibre. It doesn’t focus on all the values.
I think part of the problem that we have…. This paradigm has become so cemented in the way we do things. It’s become an ideology that we’re fixated on and that’s taught in our universities and our colleges.
We need people to start thinking in a completely different way. The future of British Columbia depends upon it. The future of British Columbia depends on the decision that’s made in this House, moving forward here, on how we address forestry in future years, a century out. We can’t look at ten or 20 or 30 years out. We need to look at a century out.
I think, if we do it the right way, we’ll still have a forest industry. It’s going to look completely different. We’re still going to have thousands of people employed in it, and we’re still going to have people making a living off of it. We’re still going to also have people in adventure tourism, in wildlife management, people harvesting the protein off the land to feed their families. There will be benefits for everybody if it’s done the right way.
Get out. Have a look at it. If you can’t get out and have a look at it, put it on your big screen TV at home, and bring up that Google Earth Engine and Timelapse, which I’ve talked about before, that shows land sat images from 1984 to 2020. It will show you the changes that have taken place over that period of time. I think you’ll be probably shocked at what you see when you go through that.
Mr. Speaker, I share the same outcome as my colleagues do, with respect to the bill. I think it’s wrong. But I got to that in a different way.
Thanks very much for your time.
Deputy Speaker: Thank you, Member. Thank you for bringing us back to the bill.
Peace River North.
D. Davies: Thank you, hon. Speaker, for the opportunity to give some remarks on Bill 28, the Forest Amendment Act, 2021.
I want to thank my colleague from Prince George–Mackenzie for his remarks. We certainly do recognize biodiversity. He’s brought these remarks many times in the past. We’ve had these discussions, and we certainly recognize those points. I think it’s about balance, about how we look at our forests.
I look at this legislation. It’s quite large, and I know that’s been mentioned before. We have just a few short sitting days left in this session to debate a critical piece of legislation, along with all the other pieces of legislation that we still have to talk about.
I think it’s shameful that this has been brought up right at the end of the session. I also think it’s shameful that we haven’t had anybody from government, other than the minister who introduced the bill and one member who spoke for three or four minutes to say that she supported the bill.
This is a bill that could impact areas around the province. This isn’t just an Interior issue, in the Cariboo-Chilcotin or Nechako Lakes or Peace River. The impact on this, in reality…. I’ll tell you, it’s easy to find out where the forest industry is in this province. A lot of it’s in the Lower Mainland. There are forestry companies, logging companies and trucking companies associated with forestry located in….
I’ll read the list. Many companies are located in Surrey. Vancouver. Richmond. Maple Ridge. Agassiz. Delta. Chilliwack. New Westminster. North Vancouver. Mission. Langley. Burnaby. Coquitlam. These are all forest communities in the province of British Columbia.
We have not seen a government MLA stand up to talk about the potential impacts that this will have on their communities. As my colleagues before me have already spoken about, there is great potential to have huge impacts from what this legislation might do in our communities. By the way, I only listed off the cities that these forest companies are in. The list is quite extensive, and it’s quite easy to find out how many companies are listed in those communities.
What is forestry to British Columbia? I’m sure that most people here understand the value of forestry. Of course, if you’ve ever been in this place and you walk out into the rotunda and you look up at the ceiling, you see our founding industries — agriculture, mining, fishing and forestry, as one of our founding industries. Still, to this day, it is one of the largest industries in our province.
Bill 28 has the potential to put all of that at risk. Forestry in British Columbia is worth $13 billion in GDP, which translates into almost $9 billion in wages. Those are good-paying wages for families in Surrey, in Abbotsford, in North Vancouver and in Vancouver — good-paying wages that keep families prosperous, which are possibly in jeopardy. One out of every 25 jobs in British Columbia is connected with forestry.
Recently, and I’ll talk a bit about this here shortly, the connections between Bill 23, which was finished last week, and now the introduction of Bill 28, and the linkage between those…. One linkage — and I’ll say it probably too many times — is the instability that it creates within the sector, over and over. Companies want stability. Companies want to invest in something where they know what the outcome is going to be. This bill takes that away and puts it in the circle of cabinet as a decision that can be made there, which is not what companies are wanting.
Manufacturing. We talk about manufacturing in this province. One out of every five manufacturing jobs are in the forest sector, in the province of British Columbia. Many of those jobs, specifically in the manufacturing piece, specialty to value-add, are in the Lower Mainland, are in the Surreys, are in the Vancouver area. Those are in jeopardy.
When I got elected in 2017, I didn’t know a lot about forestry. I don’t even…. I’ve probably learned what my colleague from Nechako Lakes forgot today around forestry. It is a very complex issue. But since 2017, I have learned a lot. When I look at my community in Fort St. John or Fort Nelson, my region, people associate us with oil and gas, but we have a very robust forest sector in the northeast.
We have a pulp mill just south of Fort St. John, in Taylor. We have a lumber mill in Fort St. John. We have an oriented strand board mill in Fort St. John, a pellet plant. We have a couple of smaller mills. Associated to all of that are all the other jobs out in the bush. It’s thousands of jobs — thousands of jobs that I’m here talking about today that are potentially at risk.
I’ve been lucky to have conversations with many people up in the northeast — Fort Nelson, Fort St. John area. A couple of them, certainly, have sat with me and walked me through some the policies over the past, present. I don’t think anybody is saying that things have been perfect or things are perfect in British Columbia. We know they’re not. Even industry said that we do need to update. They recognize that.
As we’ve heard already from some of my colleagues, these updates need to be done in consultation. They need to be done in consultation with people in the communities. They need to be done in consultation with First Nations communities. They need to be done in consultation with the industry.
This bill, Bill 28, substantially amends this Forest Act, allowing government to reduce timber harvesting rights of existing forest tenure holders, to come up with a complex formula to redistribute the timber harvesting rights to whomever that might be. It’s not in the legislation. Again, another decision that’s going to be made around the cabinet table, in secret, given to whomever — maybe First Nations, maybe some communities, Timber Sales.
The member for Nechako Lakes talked about this stability. We see this in many different sectors right now. The stability in the province of British Columbia is chasing out investment. It’s chasing out investment in forestry. You’ve just got to look at where Canfor is investing all of the money right now. It’s not in British Columbia.
The minister can shake her head. The fact is that is where the investment is happening. The oil and gas industry leaving in droves. Mining. I don’t even know what’s…. When was the last time a mine was approved? This is just on and on, an attack on the economy, an attack on people’s jobs in my riding and the ridings around the province, whether they’re held by an opposition MLA or a government MLA.
These huge decisions will be made around a cabinet table on who gets what. Another winners and losers being picked by this legislation.
We’ve heard a lot about ideology. I think a few of my colleagues have mentioned ideology in this bill as well as in many other things. An ideology is a form of social or political philosophy in which practical elements, unfortunately, aren’t always considered. What does this look like on the ground, practical?
We heard words on Bill 23 — that that legislation was seen as a gut punch. I can tell you this is just another one on some of our communities. This is from industry that is saying it. These are people that work in the forest sector that are saying it.
People in my riding…. I’ll talk a little bit about Fort Nelson and the story…. I’ve mentioned Fort Nelson in this place a lot of times. Fort Nelson was a forest community. It relied on forestry. It had an OSB mill. It had a lumber mill. That went away. At the same time, the natural gas sector picked up. Over the past decade, we’ve seen that switch dramatically again, where the natural gas sector has dried up.
There was nothing left for that community. Families stayed behind because they couldn’t sell their homes. So these communities…. One of the working members had to move elsewhere, most of the time out of the province, to go work maybe in Alberta, maybe to go work out east, so that they could continue to send and support their families back home in Fort Nelson.
This is what happens in small communities when you take away an industry that people rely on, or a couple of industries, which happened up there. People leave these communities. These communities dry up, and they become ghost towns. I don’t want to see that for any of my communities in my riding. I don’t want to see that with any community in the province of British Columbia.
I think there is room for balance. But by making these secret decisions around the cabinet table about who gets what and who doesn’t, pitting winners and losers, or picking winners and losers in this, isn’t the way to do it.
Over the past couple of years, there has been some really good news in Fort Nelson. I go up there quite regularly, talk to the different players that are working up there. There was a great community forest that’s been brought in. What does this legislation mean to that, the community forest and the partners and the community players that are part of that community forest?
The potential of a pellet plant. I know the minister is very aware of these success stories, and they are success stories. But what does this legislation do to that? I can tell you that if someone is looking at investing, whether it be in Fort Nelson or another community in British Columbia, in the forest sector, I think they’re going to look twice. They’re going to think twice because of what Bill 23 has done and because of what Bill 28 could potentially do.
The folks in Fort Nelson are just starting to feel some hope in that community, but Bill 28 has now put on a layer of uncertainty around that hope. The hope of, you know, their spouse maybe having a job in their community where their children are growing up is now at risk. I even look, in my own community of Fort St. John, where I mentioned…. We’re the home of some of the bigger companies. We have LP, Louisiana-Pacific. We have Canfor in the area.
Talking to people that work in the forest industry…. I’ve got many friends that also work in the industry. They expect that they will be impacted by this legislation. They know they’re going to be impacted by Bill 23. But compounded with this, what does that look like?
My colleague from Nechako Lakes…. When we get into committee stage, these are going to be questions that we will be asking — about how this lays out in our smaller communities, how this lays out in all of our communities, communities that all of us represent.
People that have jobs — these jobs that we represent — are worried about them. That’s what we’re trying to highlight here, in this second reading of Bill 28. It’s that this has real potential. It has created a lot of fear out there in the industry around: “Will I have a job at the end of this year? What is Christmas going to look like?”
I and, I’m sure, others care about our communities. We care about these people. These people are the ones that reach out to our constituency offices on a regular basis, visit my constituency office.
In fact, I’m going to be up in Fort Nelson here in a couple of weeks. I’ve already got a day of appointments of people that want to come and talk to me about this stuff, about Bill 28, Bill 23 and all the other things that we do in this place. Sitting in an office in Victoria with the swift signature on a pen and understanding that impact that it has in Fort St. John, Fort Nelson, Williams Lake or 100 Mile House….
Interjection.
D. Davies: Okay. I don’t think government is doing it differently.
I have never seen such a lack of transparency, ever, by a government — on this bill and many others before it. We’ve had those conversations in here on almost every single bill — about the lack of transparency, the lack of consultation, the lack of engagement. Sorry, the lack of meaningful engagement, I think, is key. Government can go out and say: “Yeah, we engaged. We’ve talked. We had a town hall.” Then we shoved the Legislature down your throat, regardless of it.
Interjection.
D. Davies: Yeah. You know, four minutes of debate. I mean, it’s preposterous to actually say: “We do things differently.” Differently than what — the Soviet Union?
Communities will be impacted. They will be impacted by this legislation. I worry for my communities. I worry for the communities around this great province.
I do believe that we are all in this place because we do want what’s best. At least, I like to believe that. But there are things that don’t add up.
We understand we want to innovate. We understand we want to balance the economy with the environment, but we’re not seeing that. We’re seeing a very Lower Mainland, kind of centric, approach. I understand that this legislation is to promote innovation in forestry, and I think it’s a commendable approach. We want to do as much value-added. But at the expense of everything else? Again, there needs to be balance.
As I mentioned a moment ago, what worries me the most is this ability that gives the cabinet table the tools to pick the winners and pick the losers, who gets what and who doesn’t get what. How does that instil stability in the forest sector? It doesn’t.
I could read pages of quotes from industry, from people that work in the forest sector, who talk about the instability that is in the industry right now because of this government. That is where all of us are mostly getting our speaking notes from: on the ground, in our communities.
B.C. Council of Forest Industries: “Small, medium, large, family-owned and Indigenous-owned forestry companies, contractors, suppliers and workers are extremely concerned that the province is moving in this direction.”
Don Kayne: “If fully implemented, it would have significant impacts on our hard-working employees and their families, along with our Indigenous partners, contractors, communities and the entire industry.”
I could go on for my remaining eight minutes and read quotes from industry players and associations attached to the industry.
When we are speaking, we’re not just speaking because we want to ruffle feathers. We want to bring change to this legislation. We’re here representing these people that live in our communities. I’ve got a number of media reports here that are covering this story as well, which are also talking about the concerns and the issues around this legislation, around Bill 23. You’re right, Mr. Speaker. The minister is doing things differently, and it’s not looking out for the forestry workers in this province.
I go back to this because this is what’s most concerning to me around how these decisions are going to be made at the cabinet table — Who gets what? Who doesn’t get a tenure? — and coming up with the cost of these tenures that are taken away. I already look at the issues in my riding and other ridings around the province, on the land — whether it be caribou, which has been a significant impact to people who are on the land, or cutting off access to back country.
I know that in my area, they’re in the midst of rewriting the land and resource management plan. These are huge issues on the land base that are happening. Is this the government’s way to set up…? “Well, yeah, we’re just going to take that away — the whole northeast. We’re just going to take it away, and we will do what we want with it.” It worries me. We’ve been worried a lot before. This goes back to the whole consultation piece.
Government has come up, and they consulted on the caribou. How did that go? It was a joke. There was zero consultation on caribou. They showed up with a plan. They presented at a town hall or a number of town halls — some of which, I might add, where most of the entire community showed up at these town halls.
They got a little worried. They appointed someone who had a name up there: “We’re going to appoint Blair Lekstrom, and we’ll listen to him.” Well, Blair made these points. Still nothing. They rammed the original plan down the throats of British Columbians, with no meaningful consultation, no engagement, no listening and no transparency.
The same stuff is happening here. The same stuff has happened in Bill 23. I could probably pick up the order paper and list off every other bill where proper engagement and transparent engagement didn’t happen. You’re right, Mr. Speaker. This government does do things differently. They’re not engaging with British Columbians. They’re not listening, certainly, to British Columbians.
Deputy Speaker: Member, you’ve said that twice now. It’s inappropriate to say that I said whatever it is that you said that I said.
D. Davies: Sorry, to the minister, hon. Speaker.
Deputy Speaker: Thank you.
D. Davies: It’s very unclear in my mind, in the mind of Peace River North — and the folks up there, everybody that works in the forest industry — how these special purpose areas are going to work with all these different competing pieces on the land base happening right now — what this is going to look like, what was introduced in Bill 23, how it’s going to overlay with Bill 25. Again, you can just imagine why the industry is absolutely shaken to the bone right now on what the future of their industry looks like.
I know that earlier my colleague from Nechako Lakes read a number of quotes from different people. The government doesn’t like hearing those. But the fact remains that this is an industry that provides for British Columbians, that is being threatened under Bill 28. Communities like my community are being threatened.
We have major concerns with this bill. I certainly don’t support this bill; my community does not support this bill. I know we will have lots of questions during committee stage as we move forward.
With that, I will take my place and turn it over to my colleague from the Cariboo.
Noting the hour, I will reserve my spot. I want to make sure that we reserve our spot. Okay.
D. Davies moved adjournment of debate.
Motion approved.
[Mr. Speaker in the chair.]
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Hon. K. Conroy moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow.
The House adjourned at 6:48 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 20 — ACCESS TO SERVICES
(COVID-19)
ACT
The House in Committee of the Whole (Section A) on Bill 20; M. Dykeman in the chair.
The committee met at 3:03 p.m.
On clause 1.
The Chair: Minister, would you like to introduce your staff?
Hon. D. Eby: I would. Thank you, Chair.
Joining me are Katie Armitage, legal counsel, justice services branch, and Karrie Wolfe, legal counsel, legal services branch.
S. Furstenau: I’m just starting on clause 1 on the explanatory note. “This Bill protects access to services of public importance by establishing access zones around certain facilities and prohibiting conduct in those zones that impedes access, disrupts services or causes individuals concern for their safety.”
The bill has COVID-19 in the title but no mention of it in the explanatory note. I’m curious as to why that was left out of the explanatory note.
Hon. D. Eby: The member’s question raises a number of interesting issues related to the bill that I would like to run through. The first is that the bill and the protections in the bill are meant to respond to strains in the system that are due to COVID-19.
In the public school system and the independent school system and the health care system, workers, staff, students have been under incredible strain trying to cope with the impacts of the pandemic. In the Access to Services (COVID-19) Act, the COVID-19 refers to those strains and our efforts to protect and respond to and ensure that those workers and folks who are trying to access essential services are not placed under greater strain.
The reason why you don’t see it in the bill, for example in terms of the explanatory notes or the description of the activities that people are engaged in, is that the bill is content-neutral in terms of the content of the expression that a protestor might be raising an issue about. It doesn’t matter what the issue is. If you are intimidating people that are trying to access these essential facilities, if you’re intimidating workers at these facilities, it doesn’t matter what your message is. We’re aiming to protect those workers because of the strain that they’re facing.
That’s why you see it in the title, but in terms of the behaviours that this seeks to regulate, it is not mentioned. It’s content-neutral in terms of the expression.
S. Furstenau: The impetus for the legislation, as has been in other provinces, has been specifically about responding to protests at health care centres, hospitals and education facilities by people who were opposed to public health measures related specifically to COVID. In the cases of other provinces’ legislation — Quebec, for example — the legislation is very specific to COVID-related protests.
Why has the minister chosen to expand that when the communication from government around this was that it was related specifically to COVID-19 protests?
Hon. D. Eby: We’ve taken a different approach in our province for a couple of distinct reasons.
One is that if you’re in an ambulance and you’re trying to access a hospital as a patient, you’re a worker trying to access a hospital, you’re a student or a teacher or a staff member trying to access school, it doesn’t matter to you what the message is of the person who’s intimidating you and blocking you from accessing the facility. The impact on your health and the impact on your ability to access the service is the same.
That is the first reason. The content of the person’s message doesn’t matter in terms of the mischief we’re trying to prevent, which is interfering with someone trying to access a hospital or a testing site or a vaccination site, for example.
The second is that if you make it content-specific, if you say, “Okay. This is about COVID-19, anti-vax, anti-mask demonstrators,” then you require law enforcement to do a determination. Is this protest actually about that in the moment?
We have heard that even brief delays in people accessing hospital have profound health effects. Asking a police officer to first try to figure out what someone who is clearly already making a decision to interfere with someone’s access to an essential service — what the message is and whether it falls within a category of expression that we are specifically targeting — is problematic on a couple of different levels. First of all, just for the police officer to make the determination. Secondly, really, what does it matter what the content is, if you’re interfering with somebody accessing an emergency room?
The third is that although we disagree profoundly with the message of the anti-vax protestors and the anti-mask protestors — we think they’re wrong on a bunch of different levels, and their message is incredibly problematic, divisive and unhelpful — we believe they have a right to expression of that, as long as it doesn’t interfere with other people’s rights to access essential services.
This act is about communicating where it’s not appropriate to express messages in this way and where we don’t want workers and people accessing facilities who are already under strain to face even more strain because of the bad behaviour of somebody attempting to promote a message about whatever it is.
S. Furstenau: Again, the impetus for this legislation, here and across the country, has been specifically about people protesting the public health measures — vaccinations, masks — as related to COVID-19. The minister indicates that we lack the specificity in this bill because there could be other protests. I agree that we wouldn’t want anybody interfering with access to hospitals or to schools.
Has that happened outside of COVID-19 protests, in the near past or at any time recently, to indicate that that would be necessary?
Hon. D. Eby: One of the realities, I think, of the situation we face here is…. I don’t think anyone anticipated that we would need legislation like this. I don’t think people, at the beginning of the pandemic…. Certainly, I didn’t think that we would reach a stage of the pandemic where we would need to protect hospitals and schools from people who were opposed to vaccines blocking access to those facilities in order to get a message across.
I don’t know why we would wait for someone else to think: “What a great idea. I’ve got a concern about my own personal issue. I think I’ll go block an emergency room exit or entrance as well. I think I’ll go block a testing site, because that seemed to get a lot of attention for that issue. My message doesn’t have anything to do with COVID, but I like that approach as a way to get attention.”
I don’t know why we would wait for that kind of copycat approach or why we would ask a police officer to determine what the message is first before acting about somebody interfering with access to the facility.
That’s why we made the very explicit and deliberate policy decision that this is not about the content of what is on your placard when you’re blocking an entrance to an emergency room or a testing site or a school or intimidating a student or a teacher or someone who works in a school. This is about making sure that we’re minimizing strain, wherever possible, on essential workers and protecting the right of access of British Columbians to these essential services.
S. Furstenau: This is another interesting point. The minister talks about health care centres and schools, yet in the definitions in clause 1, “facility” is defined as: “includes a site at which a service is provided.” That doesn’t actually specifically indicate, as other legislation in other provinces has, health care services or education sites. It simply says: “…at which a service is provided.”
The B.C. Civil Liberties Association has noted a series of concerns with this legislation, specifically that it has the potential of being overly broad for the purpose of restricting protests not just near health care facilities and schools regarding COVID-19.
We are, I believe, as a House, all in agreement that that is an important step for this province to take, as have other provinces. We all are in agreement that there should be no interfering with health care facilities or schools. But the B.C. Civil Liberties Association has noted concern that this legislation, potentially — and this is a quote — “opens a sneaky door to morphing this into something similar to Alberta’s Critical Infrastructure Defence Act, which restricts protests near pipelines, highways, mines, farms and other industrial activities.”
I’m curious as to why…. The minister is communicating quite clearly about health care centres and schools. Why isn’t that defined specifically in the legislation?
Hon. D. Eby: A few points. The member notes correctly that “facility” has a broader definition in the definitions section than subsection 3(1). I’ll take the member to sub 3(1), even though we’re not there, just for reference.
Subclause 3(1) defines a number of different facilities: COVID-19 testing sites, COVID-19 vaccination sites, hospitals, schools. Then (e) is “prescribed facilities.” I’ll take (a) through (d) first, which talks about testing sites, vaccination sites, hospitals and schools.
It would be easy to read this and think: “Okay, what government is talking about are physical facilities.” It might put into question whether or not a mobile testing site or a street nurse van, for example, would be protected by the legislation. That’s why “facility” has a broader definition. It’s a site at which a service is provided. It could be a mobile testing site. It could be a street nurse van or something like that.
We wanted to be inclusive of these different ways of delivering services during the pandemic, and also reaching different groups, because obviously public health has had to be innovative and try different ways of delivering services.
Subclause 3(1)(e) has a class of facilities that are prescribed, which means that they could be established by regulation after this becomes law, and perhaps this is the area that the Civil Liberties Association was concerned about, because the others are clearly COVID-19–related sites or hospitals or schools. I mean, maybe the government is sneaking this in, in order to add a bunch of pipelines, the member gave as an example, where you couldn’t protest.
Subclause 6(3) of the act sets out the factors that cabinet must consider before adding a facility to the site. Those criteria include considering whether or not the facility is important to the health, education, safety or well-being of members of the public, whether there’s a need to protect access to those services, and also the strain that the people delivering services at that facility are under and that these are services of public importance.
Clearly, the legislation is not talking about pipelines. It’s talking about services being delivered to the public at sites and the need for us to protect the rights of the public to access those services. It’s important to raise these issues, but the act, clearly, is talking about service delivery and protecting rights there.
S. Furstenau: The minister actually points to one of the issues here. He said, as he indicated under clause 6, that it would be up to the governor-in-council to determine what these services are, to determine, apparently, what a service of public importance is, to determine things like what the health, education, safety and well-being is of members of the public and the need to protect access to those services and the facility.
I think when the B.C. Civil Liberties Association indicates that this looks like some overreach, it is the lack of really clear definition and the fact that we are no longer really specifically relating this to COVID-19–related protests or specifically relating it to health care provision or education. We are now talking about services and that those services get to be defined at some future date in cabinet — and not to be discussed here in this building by the Legislative Assembly.
It’s interesting to compare that to, for example, Quebec’s bill, a one-page bill, the legislation being very specific: “…50 metres from the grounds of the following places in order to demonstrate, in any manner, in connection with health measures ordered under section 123 of the Public Health Act.”
This bill says: “(1) a place where COVID-19 testing or vaccination,” similar to us, “(2) a facility maintained by a health and social services institution; (3) a facility of the holder of a childcare centre or daycare…(4) an educational institution providing preschool, elementary, secondary, vocational…or college-level education.” Then we’re done, in Quebec.
What we have here in this bill is services. I think that when the B.C. Civil Liberties Association indicates that this really does resemble something that has come out of Alberta, which restricts protests, and when…. I was asking earlier about, for example: would this include transportation infrastructure as a service?
Maybe I’ll put that to the minister right now. Does he consider that a protest unrelated to COVID-19 health measures impeding with transportation infrastructure would be something that would be considered by government and council, by council in the future, as a service that impedes the health and safety of the citizens?
Hon. D. Eby: A few points in response. The proposed act sets out specific criteria that cabinet must consider when determining whether to add a new facility.
Now, I’m extremely reluctant to set out a road map for people who have this perspective that disrupting essential services to the public is a way to get your message across. But I can maybe give an example of a facility that could logically, I think, potentially be captured: when vaccinations, for example, become available for kids who are under five. They’re not of school age. If licensed child care facilities needed to be protected because they started to be targeted, we would expect…. I think the member and all members would expect that we would quickly move to protect access to those facilities.
I am a little surprised to hear the Civil Liberties Association and/or the member advocating the Quebec model. We definitely recognize that Quebec put their legislation in place in a hurry to respond to a serious crisis in the province, so I don’t mean this by way of critique. But we did make deliberate decisions that were different from Quebec, and the member should know about those just in terms of an overall approach and the constitutionality of this legislation in front of the House.
Quebec, rather than 20 metres, is using a 50-metre barrier. They have what is a content-specific prohibition. It matters what you’re saying, and it matters that what you’re saying is opposed to the government messaging. Essentially, they have said that in their buffer zone, it is illegal to critique government public health policy specifically. You can critique other things in this buffer zone, but you can’t critique government public health policy.
They put a blanket prohibition in place across the entire province around universities and colleges. When we looked at that, we felt that these were places where people have debates or are meant to have debates about public policy, including being critical of government public health policy, if that’s what they wish to do.
Ours is much more closely tailored. It’s a 20-metre barrier. It is content-neutral. It’s about what you are doing. It’s not about what you are saying, and it’s not about whether you’re critiquing the government or critiquing someone else. It’s about the fact that you’re blocking access to a service of importance to the public.
I see some important differences between the bill that’s in front of this House and the bill that was passed by the Quebec legislative assembly, which I point out, out of a sense of mutual concern that’s shared across the country about some of the activities that we’ve been seeing.
It is not meant in any way to be a critique of the work of the legislative assembly in Quebec. It’s only to say that we took a little bit more time and have a more carefully tailored approach, one that I felt and the government felt we could comfortably put in front of the members of the House to address this mischief of interference to public services.
M. de Jong: I should apologize for not having been here at the outset. I will, in my defence, say that I had received an assurance from the Government House Leader that we would not commence until the emergency briefing on the situation in Abbotsford and the province sits. So I apologize. I had been provided with other assurances. But here we are.
I have, ultimately, some questions that touch a little bit on the theme that the Leader of the Third Party has been developing with the Attorney, and maybe in a slightly different way. I expect I’ll probably pursue them a little bit further in the bill when we talk about the regulatory power around prescriptions.
I will only say this, and the Attorney may or may not wish to respond on this front. It’s the dilemma and perhaps the confusion that exists with regard to a piece of legislation that has, I think, clearly been drafted in response to a particular situation and a particular set of circumstances but, as the Attorney and the Leader of the Third Party have said, in a certain way is a little more open-ended in terms of the fact that it does not set, as a prerequisite, protest around a certain issue. I’m probably going to explore that a little more with respect to the regulatory power. The Leader of the Third Party and the Attorney have touched on that a little bit.
I would say, also, that a part of the legislation that provides me and I think many people in the opposition with comfort is the sunset provision. But that further reinforces the notion that it is tied to a particular societal circumstance — that being around COVID. Yet other sections of the act — it’s not large; it’s not a lengthy act — suggest that there may be other applications. I’ll leave it at that.
I thought that with respect to section 1, though, and the reference to “access zone” as a defined term, it might be appropriate to ask the Attorney, in a general way, to explain practically how this works.
We’ll take an example, because it’s not a fanciful one: a school. We can draw on the very examples that gave rise to the need for the legislation in the first place, where there has been a gathering. Following the passage of this legislation, there will be an access zone created around that school.
How does that work in terms of the entranceway and the perimeter of the school property? I suppose, when I say: “How does that work…?” How, in the government’s mind and the Attorney General’s mind, is it intended to work, pursuant to the provisions of this law?
Hon. D. Eby: Let me just put on the record that I apologize for the mixup with the member. Obviously, we would and will give him all the time he needs to canvass the bill. It’s exceptional circumstances in our province and in his constituency. The priority is to get him briefed about his constituents. I hope he would be assured that we would make the time for him to be able to do his role as critic as well.
With respect to schools, the relevant sections are section 3(1)(d) and section 3(4). Section 3(1)(d) establishes access zones around the schools as long as the school fits within the act’s definition of “protected schools.” We can go into that if the member wishes.
When you read it together with section 3(2)(a), the “protected schools” access zone includes the parcel of land where the school is located — so playing fields, boulevards around the front of the school, playgrounds, those kinds of things — along with a 20-metre buffer zone around that parcel. For most schools, that would be the opposite side of the street from the school.
Section 3(4) clarifies that for schools, these buffer zones are in effect for the periods when you would expect students and staff to be at the facility. From 7 a.m. to 6 p.m. on weekdays, other than holidays, and during extracurricular school activities is when the buffer zone is in place. The goal was to try to tailor it as tightly as possible to when students would be there.
There are also schools, the member might note, that are in multi-use facilities, like an independent school that’s inside a shopping mall, for example. Then the access zone is the entire parcel on which the multi-use facility is located, plus the 20-metre buffer. There are very few of these schools in the province, but there are some. So we felt it important to give consideration to that.
M. de Jong: That’s helpful. That’s fine. I think what I was more interested in, though….
We have an understanding, I think, of what a school is and how that’s defined under the act. The model the government and the Attorney have chosen to pursue is to establish an access zone and then prohibit certain activities within the access zone. Take the example of the entranceway to the school. I’m not sure if it’s the entrance to the school building itself or the entrance to the parking lot of the school. The Attorney might be able to say if it’s 20 metres back from the entry to the parking lot of the school or to the building.
The act doesn’t say that a person with a differing view on COVID-related matters — or, I suppose, any other matter — isn’t permitted to be in the access zone, as I understand it. It says that if they are in the access zone, they are precluded from — this is laid out in the next section — impeding access, physically interfering or intimidating.
Do I have that correct? If I’ve got my sandwich board, and I’m otherwise entitled to be at a spot on a schoolground, this act doesn’t preclude me from being there, even if I’m in the access zone. It says that if I’m in the access zone, there are some things I cannot do. Have I got that right?
Hon. D. Eby: The member is broadly correct, with a nuance in terms of the sandwich board. Within the act….
First of all, the question was: is this the entrance to the parking lot, or is it the parking lot itself? The parking lot being on the parcel of land that the school sits on, the 20-metre buffer starts from the edge of the parcel of land where the school or hospital sits on, which would include the parking lot if the parking lot were on the property of the facility that was providing the service. You would go 20 metres — that would be across the street — from the parking lot.
It doesn’t really matter what’s on the site. It’s the parcel of land that the facility that provides the service sits on. The member is right in that you’re still allowed to go into the access zone, but it’s your conduct in that zone that this bill proposes to regulate. It prohibits three different kinds of conduct within that access zone. One is conduct that impedes access or egress. If you’re preventing people from going in or coming out if the facility, that’s something that is prohibited. That’s 2(1)(a).
Then 2(1)(b) prohibits conduct within the zone that is a physical interference with or a disruption of the services. It could be, really, any behaviour — knocking over a tray of vaccines, engaging with school staff in an aggressive way that prevents them from delivering the services that they’re intended to deliver, and so on. This is meant to capture conduct that is a physical interference with the services at the site. That’s sub 2(1)(b).
Then sub 2(1)(c) is the nuance that I would put about the person standing there just with their placard, very peacefully, within the zone, because it does matter what is written on the placard. If what’s written on the placard is something that reasonably would be believed to intimidate or attempt to intimidate people in terms of reasonably causing a person concern for their physical or mental safety, even though you’re standing there peacefully, the content of the placard could violate the prohibition in sub 2(1)(c). That requires an exercise of discretion by an attending police officer and whether or not that content is intimidating or attempting to intimidate.
One of the reasons why this is set up in this way is that maybe you’ve got a group of parents. They want to show up, and they say: “Well, we want better ventilation in the school. There’s hasn’t been. We want to do a protest at the school.” They are holding signs that say “better ventilation” or whatever and peacefully protesting. They would still be able to do that within the access zone.
M. de Jong: Right. Okay, that’s helpful as well. I don’t want to pre-empt the discussion that I’m sure will take place at section 2, so I appreciate the Attorney’s remarks. We’ll probably want to pursue the subjectivity of sub 2(1)(c) a little bit further.
My purpose in clause 1 was merely to try to get a sense, and he has helped by pointing out that whether it is a school or a hospital or another facility — the property line from which the 20 metres is measured and outlined and confirmed, at least — even within that access zone, it is not a prohibition of presence. It is a prohibition of certain types of conduct.
Beyond that, outside of the 20 metre access zone, conduct that would otherwise be prohibited — that is prohibited under section 2 — is presumably permitted, assuming it is otherwise lawful. Is that correct?
Hon. D. Eby: Yes, I think the member summarized it well.
M. de Jong: Going back to the theme that the Attorney and the Leader of the Third Party were exploring — on the one hand, the linkage between the legislation and the COVID pandemic circumstances, and on the other hand, the decision to delink it for other purposes.
The definition of COVID-19 pandemic is tied to the COVID-19 Related Measures Act. The Attorney knows better than most that we are in the process, in another room in this building or elsewhere in this building, of extending or considering the extension of the application of that legislation from its present end date of December 31, 2021 to December 31, 2022.
This bill, and there is a specific section that deals with it and its absolute expiration on July 1, 2023…. I was curious about what, if any, explanation there was for the delinking of those dates.
If we’re proceeding on the basis that the impetus for the legislation here was the COVID situation, but the Attorney has introduced another piece of legislation that, for the moment, contemplates that it won’t be required after December 31, 2022, I was curious why, in this bill, the end date would be six months beyond that.
Hon. D. Eby: We’re advised that there may continue to need to be administration of COVID vaccine boosters as well as COVID testing well past the date of the end of the public health emergency. So there will be sites at which we expect there’s a distinct possibility of the need for the administration of vaccines as well as testing well after the state of emergency, the public health emergency around COVID, has passed.
That’s the reason for the disjuncture between the dates. The other legislation is relating to measures around the public health emergency, which we do hope we will see the end of soon.
The second piece of this is that that date coincides with the end of a school year and makes sense from an administration and public understanding perspective, rather than having it end in the middle of a school year.
The third piece is if it turns out that it’s not necessary, for whatever reason, for us to have this in place — we don’t need to have testing sites in the same way, or we don’t need to have vaccine sites in the same way — sooner, then there is the authority under section 6 to have an earlier sunset date than what’s set out in the legislation.
M. de Jong: I followed the logic of virtually everything the Attorney said about linking it to the end of a school year as it relates to those facilities. The one part of his answer that I suppose I should at least query briefly is the notion that testing and vaccination and medical treatment relating to COVID-19 may continue beyond the end of next year. My impression from some of the public health officials is that it may continue well into the future, for a number of years.
Is the rationale…? In addition to the reasons that the date has been selected, recognizing that it could be ended earlier…. Is part of that rationale simply this: that the hope — and it’s okay to have hope…? The hope is that the likelihood or the tension that we have witnessed over the past number of months that manifested itself in a very graphic way a few months ago, and that tension, will have passed by then.
Hon. D. Eby: I thank the member for his timely reminder that hope is still necessary, because I know a lot of people are feeling a lot of distress right now in the province.
The date that was chosen does reflect a hope of two things. One is that the system itself, the health care system, the education system…. As more and more British Columbians are vaccinated and there are better treatments for COVID, their systems, their work obligations, their interactions with patients, with students and vice versa will go back to normal — or more normal, anyway. The strain on the system as a whole will be reduced.
[D. Coulter in the chair.]
One of the reasons for this bill is to recognize that these essential public services are under such stress right now that we want to give extra protection so that a nurse who’s only had a couple of hours sleep and who’s going back into work again isn’t confronted by someone yelling and screaming at that nurse — just saying: “You know what? It’s bad enough working in really challenging conditions. I don’t need to be screamed at on the way into work.” We want to protect and provide a buffer for those folks. So the hope is that the system has that resilience.
The second is, of course, that COVID, like so many illnesses, can be stigmatized and cause fear and anxiety for people. With treatment and vaccines, the tension the member speaks about is significantly reduced around it, and we don’t have a need for this. There are, really, two different kinds of hope that we have here in terms of setting that particular date.
The third piece about the sunset date is that having a fixed date is a reassurance to people that we understand that this is an exceptional piece of legislation in exceptional times and that there is a fixed end date that could only be extended by coming back to the Legislature for the consent of representatives from across the province to extend it. But to shorten it…. It could be done in a much faster, more efficient process on an urgent basis if necessary.
M. de Jong: I was going to ask this at some point in the conversation and the discussion about the bill, and I might as well ask it here. I may ask it again with more specific reference to a few of the sections that follow. But I have heard and understand, I think, the explanation the Attorney has given.
Is he at all concerned that, in part, the message being sent, by virtue of the construct of the act…? I think there is broad agreement within the assembly about what the intention is and what has given rise to the need for the act. But by virtue of how it’s constructed, if passed, certain activities are precluded from taking place within an access zone, and they’re intimidation, physical interference. Then, when the legislation ends, I suppose someone might conclude: “I guess that behaviour is acceptable now.”
We’ll come to another conversation. I actually think it’s going to be important for the Attorney to place, on the record, the other tools that are available to address behaviour that people — most people, reasonable people — would think is inappropriate, whether there is an access zone or not.
I wonder. Does the Attorney General understand what I’m driving at here, in terms of taking this unique set of circumstances, addressing it in a unique way and saying, “This cannot happen during the year and a half these access zones exist,” to which people will reply: “Okay. Well, on July 2, 2023, I guess that’s okay”?
Hon. D. Eby: Thank you to the member for the question. It’s an important one.
Even before this legislation passes, and after it sunsets, there are a number of tools available to police — trespass, mischief, breach of the peace — and for a health authority or a school board — obtaining an injunction against somebody engaging in certain activities in relation to a facility. There are a number of tools that exist. This gives police one additional tool to respond in the moment, which includes the ability to arrest and to ticket an individual.
Let’s be frank about what we’re talking about here. This is a breach of the social contract that we all operate under together in our province. When someone needs to go to the hospital, we all pull over to the side of the road so the ambulance can go through. Is there anything…? Can we hold the door for you? You’re in distress.
This is a small group of people that have decided that they wish to breach that social contract, and we hope that this is a short-lived kind of thing, because it is so exceptional and so antisocial. I guess that’s a third kind of hope the member was asking about.
The other piece is that the systems that we’re protecting with this legislation are so under strain right now. We want to send a message to the workers at those essential services. We support you. We know you’re under strain. We know you’re under stress. We’re putting all of the pieces in place that we can to protect you. To British Columbians: you have a right to access those services, and we’re going to make sure that your right to access those services is protected.
Really, the fact that the systems are so strained, that there’s so little resilience left at these really essential services, is what is animating a big piece of what’s happening here. It is possible — the member’s right — that maybe this is something that appeals to a larger group of people.
It appeals to people that believe in different issues as a way of getting a message out, as perverse as that idea is, and we might have to look at extending these provisions or altering them in some way to change them to be effective, to ensure that people are able to access their rights to access these services, and to work in these really important jobs.
Hopefully, we don’t need that. What we’re trying to do is get this in place on an urgent basis, to share the hope of everybody that this is a time-limited, tense situation for some people, and go from there.
M. de Jong: The Attorney just said something, and I think it’s important that he have an opportunity to confirm it on the record. When he talked about extending the provisions, I think I understood what he meant, but he might wish to confirm, on the record, that there is no mechanism under this legislation for that to occur.
If a future government decided that it wished to maintain, beyond July 1, 2023, the unique set of rules that govern an access zone, it would require introducing legislation to the Legislative Assembly to do so.
Hon. D. Eby: Yes, the member is correct. To extend past the date in the legislation of July 2023, what would be required is another bill in front of the Legislature that would have to pass separately. There’s not a mechanism in this bill to automatically extend these provisions, or extend them by regulation, or something like that.
M. de Jong: I had one other general area that I wished to explore with the Attorney General, and then I understand the Leader of the Third Party had some more questions relating to specific definitions. It was a question that could arise in any number of sections, and I’ll deal with it now. It flows from something the Attorney mentioned. We talked about some of those additional tools.
The Attorney and the government clearly have come to the conclusion that those existing tools were insufficient to deal with the circumstance that we were confronted by — that hospitals and schools were confronted by.
I suppose there is a requirement on the part of an official opposition to ask the Attorney to offer to the committee and the assembly what it was about those existing tools that represented a limitation. We mentioned trespass. We mentioned some of the other mechanisms. Was it the immediacy of sanction? Was it the cumbersome nature of utilizing those tools?
I won’t try to speculate about what the answer is, but I think it’s appropriate for the Attorney and the government to say that this legislation is here because the existing tools — one, two, three, four — in our view, weren’t sufficient to achieve the objective we were trying to achieve, for the following reasons.
Hon. D. Eby: I listed a number of different potential responses that exist now and will exist after the sunset period of this legislation. Staff have provided me with some challenges under the existing laws. I think it’s important to run through them, as the member says, just so that members are assured that we’re not duplicating existing authorities.
Certainly, some of the behaviour would be seen to rise to a level of criminal liability, but keep in mind that criminal law requires the proof of intent, the guilty mind, that the person intended to intimidate, intended to cause concern, intended to prevent access to or egress from a facility. This bill does not require that. It is the activity. It is just, in the legal term, the actus reus. It is just the activity of blocking the entrance, of causing someone to be intimidated in your behaviour.
That is the difference between the criminal provisions and these provisions, which can make it easier for a police officer to be able to know whether the elements of the provincial offence are made out, as opposed to a criminal offence like mischief.
Breach of the peace is an arrest-only power for police. There is no criminal sanction that’s attached to it — time in jail, a fine. This provision, this bill, proposes significant fines up to $2,000, plus a $300 victim surcharge and up to six months in jail.
With respect to trespass provisions, they do have significant notice and procedural requirements. They require a health authority or a school board to potentially go to court. It doesn’t necessarily provide a practical option for responding to what are non-recurring instances. They may be at different facilities or at different school boards or different health authorities, whereas this legislation provides a consistent framework, not just for police, but also for courts, in terms of injunctions.
That’s an example of a few of the differences between some of the existing provisions and why we feel like this is an effective response and will be a useful tool for law enforcement.
M. de Jong: When we get to sections 4 and 5 of the bill, I’ll ask the Attorney to comment upon, in more detail, the exercise of enforcement as it relates to a police officer and the requirement or the option of obtaining injunctions and to what extent this represents a preferred approach to the existing mechanisms. But we’ll come to that in sections 4 and 5.
I think my last question for the moment on clause 1 is simply…. My reading of the act is that in the definitions, “protected school” does not include a public or private post-secondary institution. If the Attorney could confirm that.
Hon. D. Eby: Yes, that’s correct, and that was, obviously, a deliberate decision. It is the feeling, the desire, of government to recognize — and this is a distinction from Quebec’s approach — that post-secondary institutions are a place for debate and discussion and that the sheer size of some of these facilities and the scope of the restriction would be overly broad for what we are trying to achieve here.
With that said, within a large post-secondary institution like UBC, you might have a COVID testing site, a COVID vaccination site. Those sites would be protected….
M. de Jong: Or a hospital.
Hon. D. Eby: Or a hospital.
Those sites would be protected on campus within the boundary of that particular facility.
S. Furstenau: I’m just picking up on a few things in the question and answers between the other two members.
The breach of the social contract that the Attorney General referred to — that these protests, when they did happen, were, I would argue, widely recognized as a breach of the social contract. There was significant condemnation of the activities and the behaviours, and in fact, they dissipated relatively quickly.
There were a few, and then there was one just recently, at the Remembrance Day ceremony. Once again, it seems to have been that the response was widely recognized that this was a breach of the social contract, and the public responded appropriately to that breach and made it very clear to the people who were engaged in those behaviours: “We don’t accept this behaviour. This is a breach.”
Then the Attorney General talks about the urgent basis for bringing in this legislation as a result of those early demonstrations, which have dissipated, thankfully. I’m grateful for that — that people are not doing this. And the existing tools….
The member for Abbotsford West pointed, I think rightfully, to the way in which this legislation can be seen as a delinking from, specifically, COVID-19, and the Attorney General has indicated, indeed, that these protests might not be specifically related to COVID-19. However, I would say that, again, that very public response to that breach of the social contract I think would indicate to people that this probably isn’t a very effective way to get your message across, because you’re not going to be seen as behaving in a prosocial way. This is antisocial behaviour.
Again, no argument here that any kind of health care facility, medical facility, vaccination testing facility related to COVID and school facility should be included in the protections that this legislation offers. But I come back to the definition of “facility.” I still have questions around how….
Facility is defined as: “includes a site at which a service is provided.” How broad and vague that is and how the need for this legislation, which felt very significant when it was being contemplated and communicated about by government…. And the conversation to the public was: “This is specifically about these COVID-related protests and about protecting these sites.”
To move to this broad definition, in some ways, is a breach of the expectations, I think, that were attached to this legislation. I’ll pull up not just Quebec but Nova Scotia very clearly identifies that health care facility means a place where health services are being performed, delivered or received, including a place designated as a health care facility by the regulations. Other provinces also moved urgently, more urgently than we actually did, but moved in a way that was very specific and limited the definition.
I’m interested in knowing whether the Attorney General would be open to making that definition more specific. We already have a definition for protected schools, for protected hospitals, but would that facility…? Could we consider, contemplate, provide a definition to that, that contains it to COVID-related services, as he mentioned earlier?
Hon. D. Eby: I think it’s important, maybe, to go back to a couple of things. The first is the definition of the word “facility” is broad and deliberately so. It doesn’t in itself create the authority or create an access zone. That’s not what the word “facility” does.
This definition assists a court or a law enforcement officer in understanding the thing it is that we’re trying to create the protection around. For example, there were vaccines being given in buses at the Tsawwassen ferry terminal. A bus doesn’t have a parcel of land. It doesn’t have a building. But it is a vaccination site. A facility is defined, in the definition section, as a place where the service is being provided.
In this case, it’s the bus. It’s a 20-metre zone around the bus. Just to avoid the possibility of a very narrow reading that says, well, a bus in not actually a facility.
That’s what that does. In order to establish an access zone, the only way that it can be done is for the requirements in clause 3(1) to be met. So access zones can only be established for…. The member has said she doesn’t have an issue with, I believe, (a) through (d), which is COVID testing sites, COVID vaccination sites, protected hospitals and protected schools.
You’ve got to be one of those four things. The fifth thing is the ability for government, by regulation, to prescribe a facility, to prescribe a site at which a service is being provided. Again, the word “facility” here doesn’t define what cabinet or the Lieutenant-Governor-in-Council’s responsibility or considerations are. Those are contained in section 6(3).
If you flip over to section 6(3), access zones can only be created by the Lieutenant-Governor if — subsection (a) — there are services of public importance being delivered and that the COVID-19 pandemic has put strain on the people who are providing those services there. So it’s a site where people are stressed out and working extra-hard because of the pressures of the COVID-19 pandemic. Is this a facility where that is true? The Lieutenant-Governor-in-Council has to consider that and have regard to that.
The member asked about a pipeline. Is a physical pipeline a place where people are delivering a service where they’ve been placed under stress by the COVID-19 pandemic? In (b), it’s that the services provided at this facility are important to the health, the education, the safety or well-being of members of the public and that we need to protect access to those services and the facility for those members of the public. Again, a pipeline is a tough fit into that.
There’s traditional oversight over this. The court would say: “Could the Lieutenant-Governor-in-Council, could cabinet, have had consideration of these factors in applying the access zone to this particular facility?”
I do understand the member’s concern about the definition of that word “facility.” But it’s really important to understand that that is not what allows government to create the zone; nor is it the extent of the restrictions on cabinet in terms of where the zones can be created. Those restrictions are contained in different sections: 3(1) and 6(3).
S. Furstenau: I appreciate the explanation from the Attorney General. It’s helpful. However, I still wonder if “facility” was defined more specifically as related to the COVID-19 pandemic, as happens in the later clause…. If the definition in clause 1 was specific, as in other legislation similar to this….
If it specifically indicates that we are talking facilities that are related to COVID-19, with vaccinations, testing, any other health care provided to citizens, then there wouldn’t be the potential for confusion that exists right now about what is meant by a facility in this act.
Hon. D. Eby: I take the member’s point for a hospital. You know, there are people in a hospital who are getting treatment for COVID. Then there are a lot of people just going to hospital because they got injured or they have some other kind of illness.
I mean, even a hospital doesn’t quite match the member’s proposed restriction on “facility” that it’s associated with. Certainly a school. I talked about a child care facility once vaccines start rolling out for kids who aren’t school age. We all…. Well, certainly, I hope for my own under-five-year-old that that happens.
The unifying feature of these services is not that they’re COVID-19–related services. There are some that are testing sites and vaccination sites. The unifying theme of these is that these are facilities where we’ve seen these kinds of disruptive activities take place.
It doesn’t seem to government that the people who are engaging in these activities to disrupt services at this place are considering whether or not the services that are provided at the site are COVID services. I think what their analysis appears to have been is: “Will this cause disruption? Will this draw attention to my cause?”
That is why “facility” doesn’t say “COVID-related services.” Nor do even the prescribed (a) through (d) subsections under 3(1) in terms of where access zones are created.
S. Furstenau: I’ve been accused of being persistent before, so no risk of that not happening again. The 3(1) is an excellent indication that, already, hospitals and schools are identified as protected testing sites, vaccination-protected. The facility is…. What can be done is to extend that so that….
As the Attorney General has pointed out, maybe it’s a bus. Maybe it’s a temporary location. Those facilities should be, according to what the intention of this act was stated to be publicly, related to COVID-19. We’ve already got the coverage of any hospital, any school — that’s listed here — vaccination site, testing site.
In that vein, I have a proposed amendment — and I’d be curious to see what the Attorney General thinks of it — that clarifies the definition of “facility.”
[CLAUSE 1, by deleting the text shown as struck out and adding the underlined text as shown:
“facility”
includesmeans a site at which a
service
healthcare related to the COVID-19 pandemic is provided, including
COVID-19 vaccinations, testing, and any other healthcare provided pursuant
to a recommendation issued by public health authorities in relation to the
COVID-19 pandemic;]
The Chair: We’re going to just take a five-minute recess so everyone can study the amendment and digest it.
The committee recessed from 4:22 p.m. to 4:26 p.m.
[D. Coulter in the chair.]
On the amendment.
Hon. D. Eby: Thank you to the member for the proposed amendment. I asked staff to have a look at it, and I can share immediate reactions.
The challenge with amending the definition of “facility” in section 1 is that the word “facility” is used throughout the act and includes schools. I know the member has said several times, on the record — and I agree with her — that schools are an area that we want to protect.
If we adopted this proposed amendment, it would have the inadvertent effect, I believe, of creating a conflict. The definition of “facility” would say that it’s a site where health care related to the COVID-19 pandemic is provided, but we’re protecting schools where that’s not necessarily the case. So we would run into that conflict.
What I think I understand the member is trying to do is to restrict the ability of government, in section 3(1)(e), to prescribe different facilities. Government should only be allowed to prescribe something other than a COVID-19 testing site, vaccination site, hospital or school if it’s connected to delivering COVID-19 vaccinations, testing or other services. Essentially, it would constrain the ability to add new sites, by regulation, to only those sites where COVID services are delivered.
If the member wished to do that by amendment, the way to do that would be — to make a different policy choice, obviously, than government made — under section 6(3). These are the restrictions on cabinet, the test for the Lieutenant-Governor-in-Council to have regard, in subsection (a), to “services of public importance.” Essentially, what we did here was to say: “There are many services that government provides that are important to the public — not just COVID services — that could be interfered with by these kinds of protests.” That’s why schools are on the list.
We don’t think that it’s a good idea to say: “Only if you’re protesting a COVID-19-related service….” Then it could be added by regulation. To say that if you’re interfering with services of public importance…. I guess I need only point to, as an example — although it wouldn’t be captured by this because it’s not a service, and on and on — the Remembrance Day protest. There were no COVID-19-related services being provided there. So it’s not that the protestors are particularly targeting those kinds of facilities.
The strain placed on “services of public importance….” The regulation authority requires cabinet to say: “Okay. Is this connected to a service of public importance?” My understanding of the amendment is…. The member suggests that, instead, the Lieutenant-Governor-in-Council, in 6(3), should only be able to add another facility if the service is related to the COVID-19 pandemic, including any other health care related to recommendations issued by public health authorities, in her amendment.
Even on that kind of amendment, it feels duplicative of the existing subsections 3(1)(a) through (b), when we actually talk about COVID testing sites and COVID vaccination sites — COVID-related health care provisions — as well as hospitals.
I think we just disagree about the need for regulation-making power to protect other types of services. So this amendment will not achieve even the intent of what I understand the member’s intent is. We just disagree on that public policy issue. I won’t be supporting the amendment, and I encourage members of the committee not to support the amendment.
The Chair: I was remiss in pointing out that we are debating the amendment to clause 1.
S. Furstenau: I appreciate the minister’s explanation and his staff’s response to this. I guess it’s back to delinking. The title of the bill itself is Access to Services (COVID 19) Act. I will take up the Attorney General and reintroduce an amendment under section 6 so that we can have this discussion and debate when it comes to the regulating-making authorities that are proposed to be granted in this bill.
It still comes down to: is this a bill about access to services, COVID-19, or is it a bill about services writ large, and is this effectively delinking this legislation that was communicated about publicly to be specifically about these protests related to COVID-19? I think we’ve navigated this a few times in a few different ways.
Indeed, my understanding of what the Attorney General has explained is that it is delinked. It is not specifically about protests related to COVID-19. It can be protests related to many other things. It is about these specific sites — hospitals and schools, vaccination and testing sites — but also other facilities that provide services that aren’t being specifically defined.
I think that it’s important for the public to understand the implications of that, that this bill isn’t specifically related to what, again, we all recognize as really unfortunate and unacceptable behaviour of blocking entrances to hospitals and schools, and what we absolutely do not want to see, which is any kind of intimidation of people getting testing or vaccines, seeking health care. But I think that that was the expectation.
It was certainly my expectation and, I think, the public’s expectation about this legislation that it was related to those very particular scenes that we saw unfold. I am concerned about the bill having quite a larger reach, in particular without the clear definition of “facility” and kind of the ability of the Lieutenant-Governor-in-Council to determine what is public health. We can get to that when we’re discussing that section.
Unless there are any other comments on the amendment, I’m going to obviously support my own amendment and take it from there.
Hon. D. Eby: Just in response to the member’s comments, she said that I was suggesting that this was about protests, generally, as opposed to specific COVID-19 related protests. If I said that — I don’t think I did — that’s not correct. This bill is about behaviours. There are specific behaviours that are listed in the bill: blocking access to facilities, interfering with the service delivery inside the facility and intimidating people.
What it is neutral on is what is the political motivation for you to do this. You’re anti government public health measures? Okay. You have some other boutique issue that you care about, where you think making sick people wait to get into an emergency room is an effective tactic? Okay. It doesn’t matter. What matters for the police officer on the scene, what matters for the person trying to get into the hospital or the school — the student or the teacher — is that they are being intimidated, blocked or interfered with in those essential services.
That is what this bill is about. The title is important. “Access to Services” is the title of this bill. It is about access to essential services. COVID-19 is in brackets because COVID-19 is a key animating principle behind why we need this bill.
These services are under huge strain because of the pandemic. It is about the right of British Columbians to access services during the COVID-19 pandemic, and it is set out there in the regulation-making power, sub 6(3)(a): “…the strain placed on services of public importance, and on those who use and provide them, by the COVID-19 pandemic.”
The last piece is that this particular proposed amendment is from…. Staff think that they recognize it as coming from Nova Scotia. Nova Scotia itself took B.C.’s Access to Abortion Services Act, adopted it into their own access to abortion services act and then adopted that into their access to COVID health care act. They did not, in their act, protect schools, which we have done in this, which the member says she supports. Her amendment would have the effect of either undermining or contradicting that support.
I encourage her not to support her own amendment. I understand her intention. This is not achieved by this amendment.
The Chair: Just a quick reminder that masks have to cover both your nose and your mouth to be considered sufficient.
Amendment negatived.
Clause 1 approved.
On clause 2.
M. de Jong: It’s a series of questions, and the section can be broken down into a couple of different areas.
With respect to sub-sub 2(1)(a), (b) and (c), is that language drawn from any other statutory model, or was it sort of tailor-made for the legislation before us?
Hon. D. Eby: Staff advise that this is language unique to this bill.
M. de Jong: In our earlier conversation, the Attorney referred to, when I offered up an example…. We’re now getting into the guts of prohibited activities within an access zone. In the model that the legislation creates, the government creates an access zone, and the legislation determines what cannot take place within the access zone: impeding access or egress from a facility, physically interfering, disrupting the provisions of services. Those strike me as relatively easily understood.
It’s the third one that the Attorney earlier described. I’m not sure he used the word “subjective,” but it does import a fairly subjective test. We were talking about the case of the person standing within the access zone either holding a placard or with a sandwich board articulating a particular view or position. The Attorney pointed out that, yes, there is a potential for that to occur, but it would depend on whether or not the message contained on the placard was deemed to intimidate or attempt to intimidate.
Now, it is subjective. I think it’s appropriate to ask the Attorney what, in his mind, qualifies as a message that would intimidate or attempt to intimidate an individual. He indicated in his earlier remarks that the key individual to make that decision or apply that subjective standard…. I think he referred to the peace officer.
Probably, we should deal with the question in two parts. Some insight from the Attorney as to what kind of a message on the part of an otherwise passive protester would qualify as intimidation or an attempt to intimidate…. We’ll start there.
Hon. D. Eby: We’re talking about section 2(1)(c), which is one of the listed behaviours that are prohibited in an access zone. The section prohibits conduct that intimidates or attempts to intimidate as the first set of conduct that is intended to be captured.
That decision to use “intimidate or attempt to intimidate” was a deliberate signal to law enforcement that what we’re talking about here is at the more serious end of the spectrum of behaviour and to give law enforcement a benchmark around other kinds of conduct, because after intimidates or attempts to intimidate, there’s also conduct that could reasonably be expected to cause a person concern for their physical or mental safety.
Either it’s intimidating behaviour, it’s an attempt to be intimidating that doesn’t succeed but clearly was an attempt, or some other kind of behaviour, which on an objective test, as assessed by the enforcing officer, could reasonably be expected to cause a person concern for one of two things: either their physical safety or their mental safety.
The member asked about examples of, perhaps, what we’re talking about here. Signs that have been seen at some of these demonstrations include: “Nurses are committing genocide.” It’s our feeling that that could reasonably be expected to cause a person concern for their physical or mental safety. Or: “Vaccinating your children is child abuse.” This would also potentially be captured by this definition as an example of some of the real-life messages being delivered at the entrances of these facilities to health care workers and parents.
M. de Jong: All right. Again, that’s helpful in terms of beginning to garner an appreciation for where the government, at least, sees that line. I think the Attorney has, again, confirmed that it won’t be him or one of his colleagues that makes that determination. It will be, presumably, a peace officer on the ground who is obliged to make that determination.
Having this discussion in the abstract is pretty difficult, so I’m going to offer up an example. I’m actually going to take it out of the realm of COVID, because my purpose here is not to add to the tension that might exist publicly.
We have an individual, a couple of individuals, who are advocates for — I think this is a reasonably plausible example, because I’ve seen, some time ago, this in real life — the prohibition of smoking and who, for whatever reason, choose — I’ll say a hospital, because that’s where I saw it — to stand there passively with a placard that says: “Smoking kills.”
Now, I don’t get too worked up about that, because I’m not a smoker. But I suppose the argument could be made that from the perspective of a smoker, that’s fairly intimidating and may cause them to be concerned about their ultimate physical health, if not safety.
Is that, to the Attorney’s mind, an example of…? It’s graphic language. It’s pointed. We seek civility. We are not legally bound to it. But it is someone, obviously, articulating a deeply held view in a facility that treats people, many of whom chose to smoke and suffered the consequences.
Is that person crossing the line, in the Attorney’s mind, with respect to conduct within the access zone?
Hon. D. Eby: It’s important to note that the provision requires a reasonableness standard or, in other words, in sort of legal phraseology, an objective standard in relation to cause and concern for an individual’s physical and mental safety.
There are limits to this standard. It doesn’t prohibit behaviour in an access zone unless a reasonable person would have cause for concern. I don’t believe that the example of the member…. In fact, there are probably signs inside the hospital that say: “Smoking kills.” I don’t think that would cause a reasonable person concern.
I can see that somebody walking in would be like: “This is making me mentally unsafe. This sign…. Police officer, I would like for you to remove this person.” It’s not based on the individual perception of that person. It’s based on the enforcing officer’s perspective. “Is this a reasonable threat to this person’s mental health and wellness, or is this not reasonable?” We do, on a whole bunch of things, expect enforcing officers to be able to make that determination on edge cases.
This also goes the other way. There’s a tough-as-nails nurse going into the hospital — seen everything, dealt with everything — just doing the work. A person’s just screaming at that nurse on the way in. The nurse is like: “You know what? Whatever. Seen it before. Doesn’t bother me at all, officer. Not a big deal for me.”
That could still be a subject of enforcement by an enforcing officer using this provision, even if that particular nurse is not affected by that conduct and says that they’re not affected. If, on an objective standard, the police officer or the enforcing officer says: “You know what? This, I think, objectively, could be seen as intimidating and threatening to people attempting to visit this facility. I’m going to use this ticketing authority. I’m going to use this arrest authority, if necessary, to stop that activity….”
I hope that assists the member.
M. de Jong: It does, in the sense that we begin to garner a better appreciation for where the Attorney, at least, and the government for whom he speaks see the line.
Maybe, having just said that examples are better than the abstract, I’ll now revert to a more abstract question. It strikes me…. I’m curious to know from the Attorney whether he agrees or disagrees with this proposition. There is relevance, obviously, to the terms that are used: intimidate, threaten. But there is a difference between feeling intimidated, feeling threatened and feeling uncomfortable, if the Attorney gets my….
We are — all of us, I suppose, at certain points in our life — confronted by things or signs or words that make us uncomfortable. But that is one step removed. Most reasonable people would say that is different than feeling intimidated or threatened.
Does the Attorney agree with that proposition?
Hon. D. Eby: Yes, I would.
There are two pieces of the construction of this section that we’re discussing that realize that policy objective of focusing an enforcing officer to the more serious end of the spectrum. One is the objective standard, that this would cause a reasonable person to have this apprehension about their own safety.
The second is…. The specific examples that are given before that broader test are intimidates or attempts to intimidate, to signal that we’re talking about more serious conduct.
M. de Jong: I’m going to move to clause 2(2) and ask the Attorney: in the context of an example…?
I think I want to preface my remarks. I won’t presume to speak for the Leader of the Third Party, but I think we feel an obligation to poke and prod and ask these questions. In my case, at least, I do so not seeking to encourage people to man the ramparts and test this.
Protest and disagreement are, obviously, a very important part of our society. In asking these questions, my purpose is not to, in any way, suggest that people should be running to hospitals and schools to launch certain kinds of activities or to test the legislation. I’m hoping that we can, through our discussion here today, do that in a meaningful way.
Here’s the example. You do find yourself at a hospital. Well, let’s not use a hospital. Let’s use a school. I can think of some reason…. The Attorney has already mentioned a reason why parents at a school might gather to protest something that is taking place within the school their children attend.
You’re present as part of a group. Your intention is noble. Your desire is to conduct yourself in a reasonable way, but some amongst you have a different view on things. You’re in the access zone. This is taking place within the next year and a half. You’re within the access zone. You’re at the front entrance to your child’s school, with no nefarious purpose except to draw attention to whatever the funding issue is that you may wish to draw attention to or something a teacher has said — whatever the many reasons are for a protest.
Some in the group go further and engage in one of the prohibited activities or behaviours listed in this section. My understanding of subsection (2) is your presence as part of that group leaves you potentially exposed to being charged under these provisions because you are part of that group. I don’t say that to overdramatize it. I just want to be clear on whether I’m reading the subsection correctly.
Hon. D. Eby: There’s an important word in this section, which talks about wilfully participating in a gathering of people. Then there’s another important requirement, that the gathering of people is engaged in any of the prohibited behaviours.
Two pieces of this test have to be met. One is you’re wilfully there. You intend to be there. And the gathering of people is engaging in a prohibited behaviour — blocking access or egress, intimidating people, interfering with delivery of services. If you find yourself in that situation in the access zone, whatever your message, whatever your protest is about, you need to get out of that access zone.
The member is, in his description…. I have difficulty finding fault with how he described it, but I did want to add in that those key words and that those key requirements of the section are there. You are there wilfully, and the group is engaging in a prohibited behaviour within the access zone.
M. de Jong: That is particularly helpful. I don’t want to belabour it, but I will, perhaps, prevail upon the Attorney to repeat, particularly, one part of the answer he gave. Insofar as the activities that gave rise to this legislation, it is actually not a fanciful question.
I think a lot of people…. I don’t know this. I wasn’t there, but my sense is that some people with strongly held views did show up at a health care facility wishing to articulate a particular point of view. That gathering morphed into something very different.
I think the Attorney’s point is that under and because of the provisions of section 2(2), if a person were to find themselves in that position, they need to leave, because if they don’t, they risk being captured or being associated, for the purposes of enforcement, with the prohibited activities. If I’m correct in that, then I think that, in the times we live, it’s a pretty important message for the Attorney to give via the committee.
Hon. D. Eby: The member has described the situation accurately.
If you are participating in a demonstration around a facility that provides an essential service, whether it’s a school, a hospital or another prescribed site, and you see people who are intimidating the folks who are trying to deliver that service or blocking access to the people who are trying to deliver that service and you’re within that access zone — which is 20 metres around the property edge of the site where that service is being delivered — then you need to get out of that access zone, because you are very much in jeopardy of a ticket or, potentially, arrest as well.
M. de Jong: Down to sub (3). I have neglected to thank the folks from the ministry who provided us with a briefing. I, hopefully, alerted them, and the ministerial assistant from the Attorney’s office. With respect to subclauses 2(3)(a) and (b), a couple of examples.
Just to summarize, we now have sort of canvassed what are prohibited activities within the access zone. But those prohibitions don’t apply if a person is doing something or saying something in the course of a person’s work, under sub (3)(a). We’ll start there: “…done or said in the course of a person’s work.”
What’s an example of that? What’s an example of impeding access or egress, physical interference, intimidating? I think the example we came up with during our discussion was perhaps a principal who stood outside a school and told someone: “You’re not coming in. It’s my job to determine who’s coming into my school, and I say you’re not coming in.” If there are other examples along those lines, and if I’m correct with that, then I’m obliged to the Attorney for pointing them out.
Hon. D. Eby: Thank you to the member for the question. I think we have a better debate when, during briefings, he raises issues that he would like greater explanation on. So I appreciate him raising this during the briefing.
Subsection 2(3)(a) provides an exemption from the act for things that, as the member said, a person is doing during the course of their work within the access zone. This is meant to capture, just as it says, things that you’d be doing as part of your job. Just because you do have a job at the facility, it doesn’t exempt you from the provisions of the act. It has to be part of your job. So if you’re on the job and you’re intimidating someone within the access zone, it still applies if it’s not part of your job.
Examples of exempted behaviours. You can imagine a security guard at a hospital or a school. The member gave the example of a principal. There are separate provisions, I think, for educators, but there are people who restrict access to facilities as part of their job. So by definition, they’re within the facility. It’s blocking access to somebody, but this is actually part of their job to do that. That is an example of an exemption.
Another one. You’ve got a van full of medical supplies, trying to get it into the hospital. You’re not doing a great job of getting into the loading bay, and you’re blocking access to the hospital. You would be exempted from the provisions of the act, while a person using your vehicle as a protest to block access to the hospital would be engaged in a prohibited behaviour. It’s really hard to tell the difference between the two, except that one is part of someone’s job and the other one is not.
Subsection 2(3)(b) gives exemptions for things done or said, in an access zone, for protected schools that are part of an educational program or extracurricular school activities. For example, you’ve got a big sporting event at a school, so there are a lot of students gathering in a way that impedes access to some of the doors of the school and makes it hard to get in. This would be an exempted activity.
You might imagine that for a teacher engaging in some sort of role-play situation or real-world debate over contentious issues or whatever — a workshop that could cause someone to feel intimidated or may just not be particularly well executed, in that it incidentally made someone feel a concern about their personal safety — this is an exemption that would apply, because it’s part of the programming at the school.
M. de Jong: Thanks to the Attorney.
That takes us down to subclause 2(4). I am going to ask the Attorney to offer up, to the committee, the rationale for the inclusion of sub (4). I’m going to ask it in this way — which is, hopefully, first of all, understandable and, secondly, will prompt the Attorney to offer up the government’s rationale.
We have, I think, agreed that this is a somewhat extraordinary measure — this bill, Bill 20 — to address an extraordinary circumstance. The Attorney has said, on behalf of the government, that preserving access, at this difficult time, for people to the services offered at a hospital and a school is important and worthy and requires the existence of this additional tool to protect that access. Good. I’ve got that.
We have just canvassed, and I think the Attorney has made a case for, why the exemptions under sub (3) make sense in contemplation of the kinds of things that can happen, particularly at schools but also at a hospital facility.
Then we come to the labour relations exemption. I’m going to put this proposition, and the Attorney may or may not agree with it. In the context of a labour dispute — they happen, and they’re an accepted part of the labour relations process — at a practical level, frequently, for good reason, the withdrawal of service has implications for the employer but also for the employees, who are denied income. They are fraught with emotion. In certain circumstances, employers, in the essential service context, which is pretty plausible when we are talking about health care and education facilities, may bring in people to replace those that have withdrawn their services.
The act is very specific about prohibiting intimidation, yet in those circumstances, in the ordinary course of labour relations, I don’t think it’s an exaggeration to say that part of the exercise of the picket line is sometimes very purposeful, and that is to intimidate people not to cross it.
It strikes me that what the government is saying by including this provision is that notwithstanding the extraordinary circumstances that we say exist and may exist for up to the next year and a half….
To the extent that I have fairly or accurately described an element of intimidation that, I hope, people will accept is a reality in that setting, the government is saying: “That’s okay.” Now, the Attorney may take issue with my example or how I’ve characterized it, but I am curious to know the rationale for saying, in that particular circumstance, for up to the next year and a half, we’re okay with allowing that kind of intimidation, to the extent that that is a feature of a labour dispute and a picket line.
Hon. D. Eby: I understand how the member got to where he ended up, but there is a whole separate regime that regulates activities on picket lines — where they take place, when they take place, how they take place — administered by experts in labour relations, and a separate piece of legislation.
That’s the reason for carving it out. It’s not like: “Oh, you’re allowed to go and intimidate people if your purpose is this.” It’s that there is a separate system that regulates this, and there are obviously — as the member rightly noted — important nuances about the collective bargaining process and strikes compared to a protest.
The way that picket lines work is that, functionally speaking, there aren’t really such things as spontaneous picket lines. In order to have a picket line within the Labour Relations Code, in order for the activity to be lawful….
It’s important to note that unlawful pickets are not permitted the exemption that is provided here in the provision. But if it’s a lawful one, the board, the employer and the union already know it’s lawful, because the employer and the union have to have fulfilled necessary preconditions, and the board will have provided a letter confirming the precise date and locations at which the strike and lockout activity and picketing can occur.
It’s being overseen by the Labour Relations Board and pursuant to the Labour Relations Code, so it is quite distinct and different and quite nuanced. We felt it was better policy to leave it to the experts in labour relations, given that there’s a full regime to deal with those kinds of issues, rather than to put it into this bill in relation to protests and activities that are not captured by the Labour Relations Code.
M. de Jong: Hon. Chair, it is not my intention to belabour — pardon the pun — this point. I don’t think it is an exaggeration to say that we have all been confronted, in the heat of a labour dispute, and that the labour board itself accommodates and allows for behaviour…. Yes, there is a body of law that regulates this, but it contemplates, for example, the placard that says that someone reporting to work during a labour dispute…. It’s pretty unflattering, and our laws accommodate that.
I don’t think it’s an exaggeration to say that, in the context of that labour law scenario, there is an understanding that there will be an element of intimidation. There will be a purposeful desire to stop someone from crossing a picket line — not always but in certain circumstances. Whilst I understand the Attorney’s point that says, “Well, there is this body of law over here that exists and that we can draw from,” that body of law, I would suggest, over time has evolved and has deemed acceptable a certain measure of intimidation, exercised in a certain way.
I guess I’m just…. It strikes me that by its inclusion here, the government is saying, “For up to the next year and a half, there is a unique set of circumstances that should prevail and that will limit rights that otherwise exist. But we have determined that that is not the case with respect to,” as the section says, “…a strike, a lockout or picketing….”
I suppose I’m just probably seeking an acknowledgment from the Attorney that in the event that a strike, lockout or picket takes place during the next year and half or up to the next year and a half, there may well be an element of intimidation or attempted intimidation that takes place within an access zone, and that is a purposeful decision on the part of the government to allow that to occur.
Hon. D. Eby: I think a couple of things. First of all, this approach to recognizing that there’s an entirely different structure and system of rules and determination of conduct for a certain kind of very specific protest, which is a strike and a job action….
The recognition that that is handled by a separate body of law, a separate adjudicative body, and so on, is not unique to British Columbia. Exemptions like this are in the legislation put forward in Quebec, Nova Scotia, Saskatchewan, Ontario and Manitoba. Notably, I didn’t include Alberta in that list. Alberta did not include an exemption. They took a different policy approach.
This is not…. Workplace actions are not and have not, to the best of my knowledge, created the issues that this bill is attempting to address. If they did, the member could reasonably expect to see us back here if we felt that the Labour Relations Board wasn’t addressing the issue, that there were problems with strikes interfering with access to essential services, like health care for British Columbians.
I think, just like anything is theoretically possible, extremely unlikely is how I would categorize it. But if it did, the general policy approach of this bill is to suggest…. I would suggest to the member that the decision by government would be that the amendments and the approach would be better taken through the Labour Relations Code rather than through standalone legislation.
Clause 2 approved.
On clause 3.
M. de Jong: I thought the best place, perhaps, to begin…. We’ve touched on this conversation, the Attorney and the Leader of the Third Party, when we were dealing with clause 1. The Attorney has explained, and it’s self-evident, the appearance of subs (a) through (d) in terms of the facilities, and they are defined terms….
The interest that I think we will have relates to sub (e) and the power that the Attorney and the government have preserved to themselves to add facilities beyond those enumerated. I thought the best place to start was just to ask the Attorney, if he can, to offer up some kind of a construct for or an indication of what the test would be or what would trigger, over the next up to a year and a half, the government exercising the powers under sub (e) and adding a prescribed facility.
Hon. D. Eby: What the member and what, I expect, the public, having been made aware of this authority, would expect and what government’s intention is….
If there was a demonstration or a protest in which people engaged in the behaviours that are described in this bill — the intimidation, physical blocking, interference with delivery of services of public importance — and it was not at a facility or a site that was captured by subsections (a) through (d) — in other words, not a COVID testing site, not a vaccination site, not a school, not a hospital — and it seemed…. This activity took place. It was at a site that wasn’t captured. Then the member could expect that government, specifically cabinet, Lieutenant-Governor-in-Council, would have regard to a couple of things.
One is…. These are all captured in subsection 6(3), the strain that activity placed on services of public importance — that the protest had an impact on the delivery of the service and on the people who provide that service, that they were already under strain because of COVID. So the people who were affected were already being strained by the COVID-19 pandemic; and the services at the site were important to the health, education, safety and well-being of members of the public; and there’s a need to protect those services and the people providing the services of the facility.
You see the protest. It meets the requirements in sub 6(3) in terms of the regulation-making authority. The member could expect the government would be adding either that specific facility, like it’s a one-off kind of site, or facilities of a certain category — for example, child care facilities that meet certain requirements — in whatever regulation would be set. Government would be adding either that site or that category of sites through regulation.
M. de Jong: To put some meat on the bones, then, and get a sense of how that actually plays out, I’m going to again try to present a scenario that I hope is not fanciful. I hope it doesn’t happen, but I hope it qualifies as a realistic example.
The folks with strongly held views decide that a way to draw attention to those views…. Let’s assume they relate in some way to the COVID pandemic — that’s not an essential element of the bill, but let’s assume for the purpose of the example that they do — and that a way to draw attention and advance their opinions is to impede access to certain ferry-docking facilities, a service.
What I think the Attorney has said is that in determining whether or not to add a particular or a group of ferry terminal facilities to the list of prescribed facilities under sub (e), the government would be guided, under this legislation, by sub 6(3). I won’t reread them. We’ve canvassed that. I’m going to suggest that a fairly compelling case could be made that, in those circumstances, the test under sub 6(3) would be met or could be met.
I’m not asking the Attorney to provide a definitive answer about something that hasn’t happened and hopefully won’t happen. But I think it is fair to ask him if he believes it would be an option under this legislation for the government to add a ferry terminal, under sub 3(1)(e), as a prescribed facility.
Hon. D. Eby: I’ll try to be as specific as possible in the response and try to achieve our shared goal of my not being definitive about this — because it is very much a case-dependent kind of thing — but also using the example the member provided to draw out some of the considerations that government would go through in terms of deciding whether or not to add, in this example, a ferry terminal to the list.
In terms of the considerations government would give, have ferry services and ferry service providers been under particular strain as a result of the COVID-19 pandemic? That would be a key consideration, and it would require engagement with the service provider and determination, on that basis, of whether that was indeed the case.
One consideration that Lieutenant-Governor-in-Council would likely consider, although not listed here specifically in (a) and (b), is whether there are other provincial tools — in other words, tools that don’t require the mens rea requirement of criminal law, for example — that police could use for a ticketing response. In this instance, there is another tool that would be available to an enforcing officer: using the Highway Act. A blockage of the road or blockage of access to a ferry terminal would be an offence provincially under the Highway Act.
That may be a consideration mitigating against government adding a provision to this bill, when there are other tools that police could potentially use effectively in the first instance as opposed to waiting. Even regulation takes some time to add by government, and police could respond immediately using existing tools.
Those are some of the considerations — without, as I say, providing a definitive answer — that the government would go through in the example of, say, a ferry terminal.
M. de Jong: Is the dilemma the government faces — again, using my example, which is only an example — in relying or determining whether those other tools are available, that they largely exist outside of the control of the government?
The Attorney would be the first to indicate that it’s not for him to direct a peace officer to issue a ticket or not, nor his colleague the Solicitor General. Whereas in this instance, through the signing of a one-line OIC, the government would be signalling, in pretty explicit terms, what its view of the behaviour is.
Notwithstanding what the Attorney has said about the existence of other tools, this represents one — at least, the adding of the prescribed facility — that falls within the exclusive jurisdictional authority of the government.
Now, what follows from that reverts back to enforcement officers. That is certainly the case. But it would represent a pretty strong signal on the part of the government as to how it views the behaviour. Is that a fair comment on my part?
Hon. D. Eby: Before I answer the member’s question, one correction. Manitoba has not passed…. I said that Manitoba had a provision exempting organized labour job action. In fact, Manitoba has not passed a bill. Staff advise me that they don’t believe that the draft bill had that provision in it, in any event. I was wrong on not one, but, in fact, two counts, in listing Manitoba in that list.
In terms of the member’s specific question, what I understand the member to be asking is: isn’t this about as close as government can get to directing the police that they need to protect a certain facility by using this law in relation to activities that are happening there, and reserving that power to Lieutenant-Governor-in-Council is reserving that authority to cabinet?
You’re rightly acknowledging that the ultimate decision is made by a law enforcement officer. But doesn’t that bring a lot of pressure on that officer to actually make that enforcement decision if you specifically added this to the list?
I would say a couple of things. The short answer is, I think, yes. I think the idea here is that by passing this law, the parliament is saying: “Okay, we think that public services of importance need to be accessed and that there are a number of services that are under strain because of COVID. We need to have that 20-metre barrier access zone around them to ensure that people are able to access those services.”
We do hope and expect that police will use this tool that we gave to them to be able to ensure that those services are accessed by British Columbians. If a site is added to the list, it reflects the intent of, certainly, executive council, Lieutenant-Governor-in-Council, to communicate to the police: “We hope that you preserve access to this facility for the public.”
The member is right to know that the ultimate enforcement decision is always made by police, and this place has passed a number of laws that police exercise that discretion around. There are a number of regulations that police exercise that discretion around.
I think the significant pressure on police would really be public pressure, because these have been, as we discussed with the Leader of the Third Party, high-profile instances of breach of the social contract that have met with public revulsion. That is likely what would animate the police action, rather than government adding a regulation, in my opinion.
[R. Leonard in the chair.]
It would certainly be a communication of Lieutenant-Governor-in-Council’s intent and hope that police would use that tool if access to those services was being blocked.
M. de Jong: I’m going to alert the Leader of the Third Party that I’m going to ask one or two questions. I don’t know this, but I expect it’s going to be a point of entrée into an area that she has indicated an interest in. It relates to what we were talking about.
I’m going to shift to another example, because the Attorney has already heard an element of concern and curiosity about…. Because of how the act has been structured…. The Attorney has explained the rationale for that and the desire to have the option to add facilities, as defined here, in circumstances where that is deemed appropriate and the test is met under the act and under sub 6(3).
Here is another example — again, not a fanciful one: a publicly owned transmission corridor where there is protest, where the situation has escalated to a point where people involved with the construction of that public transmission corridor, the pipeline, are now feeling threatened and very much concerned.
I go to the test that the Attorney has properly referred us to under 6(3), which asks the Governor-General-in-Council to consider “the strain placed on services of public importance…” — whatever one’s view might be, if the Crown is involved in the construction of something, it is presumably deemed publicly important — and on “those who…provide them, by the COVID-19 pandemic.” Presumably, anyone involved in a location like that is impacted. I then go to the secondary test: “the importance of the services provided…to the health, education, safety or well-being of members of the public….”
I can make an argument, relatively easily, that those tests are met. There are people in this room who probably would be happy to come to that conclusion, and others that would be, maybe, a little more reluctant. But I think what the Attorney is going to hear from in more detail from the Leader of the Third Party or her colleague is a series of questions around the potential for expanded use.
I think the first example I gave…. I didn’t detect a lot of hesitation on the part of the Attorney to contemplate that that is a possibility. He may not view this the same, or he may say: “For the following reasons, I could never foresee this executive council….” I would be curious to hear that as well, and why.
I think my point is that, as with every law we pass in this place, as hard as it is to believe when you’re sitting in the chair one occupies now, it may not be you. It may be someone else or another government. Not likely in the next year and a half, mind you, but it may be someone with a significantly different outlook on how to use the tool.
A different example. I’m interested to hear from the Attorney why, in that case, if his view is, as he said earlier, it’s not applicable…. How he can say that with such certainty, because I could make a pretty compelling argument that the test under subsection 6(3) is met.
Hon. D. Eby: Subsection 6(3) talks about services of public importance that are provided at the facility to members of the public. I’m struggling, as we all do as lawyers….
He believes that he has constructed a very good argument that a construction site of whatever facility the member is talking about — a very specific site that’s subject to an injunction but, really, any construction site of either a public or private nature…
M. de Jong: SkyTrain.
Hon. D. Eby: SkyTrain.
…infrastructure that’s either public or private, and provides a service to the public.
The wording of the text describes the public accessing that site in order to obtain the service and to protect their right of access to that facility in order to access the service. Members of the public are not invited onto construction sites. They do not need to access construction sites in order to access public services.
I think that there is a fairly significant distinction between the scenario that the member presents of the construction of a significant piece of public or private infrastructure and a facility where the public needs to have access in order to obtain a service there.
M. de Jong: My last submission on this, and then, I think, my colleague from the Third Party….
I understand the distinction that the Attorney has made. I’m not sure I agree with him that the language is as clear as he would say. I think his indicating what the intention is, is probably helpful, but I’m not sure that the language is as clear. Again, hopefully this won’t happen, but the government may be confronted in the future, both by those who fear an application of these provisions to address certain protest activities and those who call for it.
While I understand the distinction that the Attorney has made in pointing out the intention around facilities to which the public is regularly attending and seeking access, I think another interpretation is that a construction site that will allow the public, at some point in the future, to have access would qualify as well. Maybe the less controversial example would have been a SkyTrain construction site that the public isn’t yet accessing but is certainly, likely, looking forward to accessing.
In any event, I have, I think, articulated one area of concern around the use of the tool. The Attorney has provided some insight into how he views the tool and believes the tool would be used in the future.
I think my colleague from the Third Party may wish to pursue some questioning on clause 3.
A. Olsen: I just wanted to…. Could the Attorney please clarify. Was it subclause 6(3) that you just referred to?
Is it true that it’s just the regulations that the government makes that can be changed by the Lieutenant-Governor-in-Council, not this section? Is that correct?
Hon. D. Eby: This section, 6(3)…. Specifically, I was referring to subsection (b), where my interpretation — and the member for Abbotsford West and I disagree — is about protecting the access to the site for members of the public to be able to access a specific service. That is part of this legislation, so once this bill passes, it is part of the law of the province. It can’t be altered except through an amendment bill that would have to come separately in front of the House.
It is an enabling section, 6(3), in the sense that…. It’s not really enabling itself, but it restricts the ability of government to just add any facility onto this list through regulation. It says that you can only add a facility if you have regard to these specific factors. It refers to an enabling power in section 3(1)(e). That’s where you can have the prescribed facility. Then you can only prescribe a facility if you follow the rules that are in the law, which says that you have to have regard to section 6(3)(a) and (b). Those can’t be altered by regulation. Those are part of the law.
What could be altered by regulation is if government added child care facilities by regulation as a prescribed facility and then realized that there was some interpretation issue where we needed to be really specific about private child care facilities as well as public child care facilities. That could be altered by regulation. But what couldn’t be changed by regulation is 6(3)(b). If it passes the Legislature, it’s part of the law, and an amending bill would be required.
The Chair: Just a reminder to address through the Chair, please.
A. Olsen: The B.C. Civil Liberties Association has raised a concern with respect to clauses 3(1)(e) and 3(4)(b), around “prescribed facilities” and “in the case of any other facility, at all times.”
These two clauses concern the bubble zones. The fear is that they could be expanded to include critical infrastructure that I think the Attorney General was talking about now. What other facilities might the minister anticipate including under 3(1)(e)? I think you just mentioned one. But can you maybe expand on that a little as to what might be considered under this?
Hon. D. Eby: There are a couple of considerations here in responding to the member. The first is: I’m extremely reluctant to provide a list, sort of a road map, of potential vulnerable facilities that people might target that we have been considering around the need for protections. What is easier, and I think may be more helpful, is to just work through section 6(3) a little bit in terms of the restraints that it proposes to place on Lieutenant-Governor-in-Council’s ability to add additional sites.
In 6(3)(a), the first regard is in terms of the services that are delivered at this site. We had a discussion with the member for Abbotsford West about a ferry terminal, for example. In terms of the strain on the folks who are working at that site, that the pandemic has placed on them, is this a significant impact that COVID has had on the delivery of the services and the people who deliver them? Are they under stress? Are they facing extra burdens? Is there a need for extra protections for the people who are providing those services?
Contained within (3)(a) is that the service has to be one of public importance. It has to be one that the public relies on and that is important to the public as a whole or to a cohort of the public that is dependent on those services.
As long as you meet that first requirement, okay. These are services that have been strained by the pandemic. Everyone there is really stressed out by the restrictions and so on. The last thing they need is someone screaming in their face that they are committing genocide or whatever it is. One of the signs….
The member may have not caught the earlier portion of the debate. “Nurses are committing genocide” was one of the signs at one of these protests. The last thing that that group of people needs is to face those kinds of additional strains and stresses as they try to get in the door to go to work.
That’s the first restriction around or guidance to government in what they need to have in regard to adding a facility. The second subsection really talks about the specific services. Do these services that are provided at this facility that government wants to add to the list…? Are they important to health? Are they important to education? Are they important to safety? Are they important to the well-being of members of the public?
I think we could all probably think about a significant number of services — they’re not just publicly delivered services, but they could be privately delivered services — that might check off one of these boxes. Is there a need to protect access to those services in the facility for the public? Something has happened; there is a reason to believe that access to these services of public importance has been compromised or will be compromised by people engaging in the kind of activities that the act prohibits.
That, hopefully, gives the member some idea about the category of services and service delivery as well as the workers and the people accessing those services that we’re seeking to protect by this act and to anticipate that we may need to protect through regulation.
A. Olsen: Thank you for the response.
Minister, who defines and how is “public importance” defined?
Hon. D. Eby: This is not, as the member, I assume, is noting, a defined term in the act. But that doesn’t mean there aren’t important signals to a court — for example, providing oversight of government’s use of this authority. The principles of statutory interpretation are that the court would look at what are the other kinds of services that are protected: schools, hospitals, COVID-testing and vaccination sites.
What is the context of this regulation-making power? What evidence is there that the government is leading? What information is in front of the court that this is, in fact, a service of public importance?
It’s important to note that, at the end of the day, if someone looks at…. Government has added some kind of facility to the regulation, and they disagree that the services that are provided there are of public importance. They can go to court, and then a court would interpret this provision about whether this is a service in line with those other kinds of services in the context of the act or not.
There’s oversight, but there’s not a specific definition of public importance beyond the dictionary definition and statutory interpretation context that a court would draw from.
A. Olsen: I think that this highlights a challenge that has been identified with the way that this bill has been drafted, just simply because of the levels of interpretation that are required on a variety of fronts here. Interpretation from the Attorney General and the Lieutenant-Governor-in-Council and interpretation from the courts makes this challenging, because it leaves a whole pile of questions, I think.
Isn’t it true that the minister’s colleagues, over the last 20-something months that we’ve been faced with COVID, have repeatedly and on the record talked about the strain — I’m using “the strain”; maybe it’s not a direct quote — or the impact, alluding to strain, that COVID-19 has had on all services in this province? It often is used as, basically…. I think the term would be “qualifier.” “We’re delivering this service, but recognize that COVID-19 has had a tremendous impact.”
Again, I’m paraphrasing. But isn’t it a true statement to say that, I think, most, if not all, ministers have noted the impact and the strain that COVID-19 has caused on the service delivery in the province?
Hon. D. Eby: A couple of pieces. First of all, I think it’s important to look at the sub-subsection 6(3)(a). It is, indeed “the strain placed on services.” I think a lot of us in this room would agree that there has been significant strain on many different services. There are also degrees of strain that have been placed by COVID-19 on services — some profoundly affected, some less so but still affected.
Then there’s a modifier, which is that these services have to be of public importance. So there is a guidepost there. This isn’t just any service that’s available to somebody. This has to be something of public importance.
I take the member’s point. The pandemic has had far-reaching effects. The direction here to Lieutenant-Governor-in-Council is to consider the amount of strain. Then, to take the member’s point, maybe we’re talking about, really, a spectrum here: from business as usual to just extremely long shifts, long hours, huge demands and everything in between. That is part of the weighing exercise that’s called for here. But what’s not part of the weighing exercise is that it needs to be a service of public importance.
The second is…. The member says that there’s all this…. “What does it mean — public importance — and how is it going to be interpreted? This means that there’s not specificity.” There is a public policy decision here in the regulation-making power, which is that none of us, I don’t think…. I didn’t conduct a poll, but I was surprised, unpleasantly, to learn of the tactics engaged in by some individuals to block access to emergency rooms, to spit at essential service providers, to intimidate kids and principals inside schools as part of a political effort to raise public awareness of their concerns.
The public policy decision that’s reflected in this section is that this behaviour and these specific, important public services are just…. I mean, the concern is that these individuals are willing to breach any number of public commitments we make to each other. If you’re on your way to the hospital, I’m not going to block you from going to the hospital. This is something, as human beings, that we have a sort of shared understanding about. So what other sites, what other facilities, will these folks engage in?
There were two possibilities. One was that we brainstorm a list of as many important public services as possible, put them all in the act and, essentially, create a roadmap of all of these sensitive, important public services that, hey, you might want to have a go at, if you’re so reckless as to block emergency room access. This is the approach that has been taken by some other jurisdictions — and, I think, a legitimate public policy decision. I’m not critical of it. It’s just not one that we took.
Instead, we took the facilities where we know these activities have taken place and said that if we see those kinds of activities at other places, and we have reason to be concerned that that’s going to happen, we could add sites on at a later date.
In making that decision, there are two ways to do it. One is to say that government can add other sites, period — could be anything — or to say that government can add other sites, and here are some restrictions on the ability to do that, because these are not insignificant authorities. A $2,300 fine, when you include the victim surcharge, and up to six months in jail — these are significant consequences.
We want to make sure that there are some guideposts to government and Lieutenant-Governor-in-Council in setting regulations. What should they be? Services of public importance, and that the facility is under strain as a result of COVID and that the services are important to a number of categories of protected service.
The goal here was to not be exclusive, not to make a road map, and also to provide some assurance to the House that it’s not an unrestricted authority. The member might agree or disagree that we hit the target here, but I thought it may be useful to describe what the thinking was and why there’s a short list of specific facilities as opposed to a long list of vulnerable sites.
A. Olsen: I appreciate the explanation. I hope the Attorney understands that these questions here are not in any way to suggest that the behaviour that we saw this summer is something that I support — blocking people from getting access to the health care and education services they need.
Simply, what I’m trying to test, and I think what is being tested here, is the scale of the powers that we are, when this bill passes, granting to the Lieutenant-Governor-in-Council. That’s what I’m hoping to get here. We want those services to be delivered and secure, and that’s the point of this here.
As the Attorney General was reading through clause 6(3)(b), it was noted that the importance of the services at the facility “to the health, education, safety or well-being of members of the public” were kind of separated out from the last piece, which is: “and the need to protect access to those services….”
In the reading of this sentence — there is no comma after “public” — are the factors that are being determined limited to the first three, and in addition to one of those three, the need to protect access to the public? Or is the need to protect access to those services in the facility also a factor that could be used to determine that a facility is a prescribed facility?
Hon. D. Eby: Just talking about the Oxford comma — it’s good times here — in case anyone was wondering. Probably not. The Chair’s favourite comma. I’ll put that on the record.
Section 6(3)(b). I’m going to run through it as if it were its own sort of series of subsections. There are four categories of service that are contemplated here. One is that the services are important to health. That’s the first. One is that the services are important to education. That’s the second. One is that the services are important to safety. That’s the third. One is that the services are important to the well-being of members of the public.
In order to…. At a sight, under this section, the services provided at the facility need to be important to one of those four categories. Then the word “and” shows up. So it’s not enough that the services are important to one of those four categories; there’s a second part of the test, which is that there is also the need to protect access to two things. One is access to the services, and the other is access to the facility.
When you have a situation where the services are important to any one of those four categories — health, education, safety or well-being of members of the public — and you have a need to protect access to those services and the facility, that is the situation that is contemplated by the regulation-making power here.
A. Olsen: I appreciate the explanation.
Can the Attorney, perhaps, walk though how he’d justify, say, adding…? Recently, since this this bill was announced — that it was going to happen — there has been another unfortunate protest at a Remembrance Day ceremony. Can the Attorney, maybe, highlight how, if we’d brought this in…?
Let’s say we’d brought this bill in three weeks ago. We would never contemplate that anybody would protest at a Remembrance Day service. Presumably, the Attorney would then go to the Lieutenant-Governor-in-Council and would want to add Remembrance Day services as a prescribed facility or a service. How would the Attorney General justify that addition here? It’s just so we can see how that would be applied.
Hon. D. Eby: I appreciate the member’s question, because I think we all had a similar reaction to the choice of Remembrance Day at the cenotaph to make some sort of a point about COVID. I’m not totally sure what it was other than that the individuals were not possessed of particularly sound judgment generally.
The provisions that I went over with the member, in terms of the regulation-making authority, say that Lieutenant-Governor-in-Council has to have regard to that there is a service being delivered to the public, a service of public importance that’s related to health, education, safety or well-being of members of the public.
You know, it’s a challenging thing to say, but it’s true: the bill really is not designed to respond to the Remembrance Day protest. It is designed to protect public access to essential services, in the nature of health services, education services, and so on.
That doesn’t mean that there is not a tool available to police in this kind of situation. There is a breach of the peace arrest power that is available to police in a situation like this, where someone is interfering with the use of private property — an amplifier, a microphone that is part of the ceremony, or otherwise.
There is a mischief charge that is available to police, but it is one of these challenges, when you have an event in a public space, that people can be disruptive to that. It’s up to the discretion of police whether that disruption rises to a level of a breach of the peace or not.
That is one of the downsides of the constraints that have been placed on the Lieutenant-Governor-in-Council to add additional sites, but it’s also one of the protections, really, that’s put in here. That we recognize that this is a significant exercise of government authority, that this regulation-making power is a significant one, and that it needs to be restricted to the most serious and significant case of someone trying to access an emergency room, someone trying to get to school — these kinds of scenarios.
A. Olsen: Again, thank you for that. That was really helpful in understanding how I wish to proceed with the next question that I have. Just in terms of…. With respect to that response, and the reality that police have a variety of tools at their disposal, would they not then also…?
I’m just trying to understand how to reconcile that with the idea that the Lieutenant-Governor-in-Council has, I think, in the Attorney’s opinion, some very clear guidelines about it — and maybe questions from the public about those being more vague than the Attorney General has — in creating a prescribed facility as one of the things where a bubble zone may be created.
Is it not true that in those other potential locations or instances that we’re not going to get into naming, because we’re not going to create a long list, that those tools that the police have could be used as well? That then, there is justification to limit this bill to exactly what we were talking about, which was COVID-19 protests in front of hospitals and education facilities?
Hon. D. Eby: The tools that are available for police, generally, around poor behaviour by members of the public, vary. So there are some provisions. We talked about the Highway Act. The School Act allows a school official to direct someone to leave school property.
First of all, with schools, we know that these protests took place and that there was a real challenge about what to do about it and how to use the School Act and whatever. We didn’t want a patchwork response to the approach to addressing disruptions in our schools. We wanted a very clear understanding that anyone who thought that it was a good idea to go into a school, and protesting in front of the principal, and yell at students or whatever — that that was not only against the law but that there were very serious consequences for that.
With respect to other sites, like…. The example that I’ve been using is a child care facility, as vaccines roll out for five and under, preschool-aged children. There is a possibility of the need to add child care sites to this legislation through regulation. I think when you’re talking about blocking access to a child care site, maybe you could make an argument around mischief. Some of the discussion we’ve had today is around the requirement for mischief — that you prove the intent of the individual, that they had a criminal intent when they were blocking access.
This bill does not require that, so it is an easier standard for a police officer to be able to prove and demonstrate that the law has been violated. There are other tools available, but they’re not in the same…. The example that I used for the Remembrance Day piece was breach of the peace. Breach of the peace is an arrest power for a peace officer, but it’s not an arrest power that results in a criminal charge or a fine. In that way, it’s different from this bill as well.
There are a couple of public policy pieces here. One is that we recognize that this is a significant restriction on individuals. We want it to also reflect that this is for the most serious and important services for the public. They’re services of public importance that people need to access for really important reasons. To be arrested — face up to six months in jail, a $2,300 fine — what you’re doing, the service that you’re interfering with, is really grave and a big deal.
For those reasons, we have put the facilities that we have on the list. We’ve created the regulation-making power. We’ve put the restrictions on the regulation-making power. I also want the member to recognize that it doesn’t include every situation where someone who is opposed to vaccines or whatever is behaving poorly. There are other tools that police may use to respond to those situations.
A. Olsen: I think I’m exhausted. I have been exhausted — maybe. One more question on this. I really do appreciate this exchange, well, for a lot of reasons.
What impact would this have if this section was amended to include health services, specifically to public health, rather than just generally to public importance, trying again to tie it back to the COVID-19 piece? Remember, I was just about exhausted, so I might not have thought through this. But I just wanted to maybe test this once. Then I’ll stay seated, probably.
Hon. D. Eby: I think that one of the things we’ve seen is that these individuals are not themselves, in terms of their desire to block access to or intimidate individuals accessing services, restricting those activities to COVID-19-related services.
We’ve seen schools. We’ve seen, as the member said, a Remembrance Day ceremony. So to put into this section, to tie it in to say that the services have to be COVID-19-related, would preclude later adding a site like a child care facility to the list, for example.
The desire here is to recognize that there is a wide array of services of public importance that are not exclusively COVID-related that could be targeted and might need to be added to the list, without actually adding them to the list unless it’s necessary.
M. de Jong: I think we’re close to completing clause 3. There’s one thing arising. With respect to the conversation, the exchange that took place and that we have had earlier, I just wanted to check with the Attorney. I want to ask him about legal advice he received.
Maybe I’ll pose the question this way. Was the Attorney concerned, or is he concerned, that a bill which sought to target behaviour relating to a particular issue…? Was there any concern that that might render the legislation more vulnerable to a constitutional challenge?
Hon. D. Eby: You know, it would be up to a court to consider all of the relevant case law and the evidence in front of the court to make a determination.
Certainly, I felt a lot more comfortable, as AG, to say that the issue here is not that you’re screaming about COVID-19. The issue is that you’re screaming at a nurse or a teacher or a student. The issue isn’t that you’re blocking a door to draw attention to your concern about vaccines. The issue is that you’re blocking the door of an essential public service.
Targeting only people who engage in those behaviours and who are also expressing an anti-government sentiment colours the legislation in a way that suggests — not entirely dissimilar to what the member was raising in terms of the Labour Relations Code — that maybe we’re okay with protests that don’t target government public health policy that are engaging and are intimidating or problematic behaviours around access. We just don’t like it when you do it when you’re opposed to something that the government is doing around vaccines or public health mandates or those kinds of things, because that is particularly objectionable.
Certainly, personally, I think that that makes the constitutional arguments harder. It doesn’t make them invalid. It just makes them more challenging. I think you could present some good evidence that this is a very specific issue that you’re trying to target.
Our legislation is responsive to the profound pressures that have been on teachers, students, administrators and school staff, health care professionals, people working at COVID testing sites, and so on. They are particularly vulnerable to intimidation and harassment right now. They’re working long hours, and they’re doing heroic stuff.
It doesn’t really matter, to my mind, what the content of the expression is that the person is trying to get across as much as it does their actions towards those individuals.
Clause 3 approved.
On clause 4.
M. de Jong: I wonder. Can the Attorney describe for the committee…? My sense is that amongst other things, what the Attorney and the government have tried to do is create a tool that is readily available and can be put to use quickly, expeditiously, by a peace officer.
I wonder if the Attorney can describe for the committee, if that’s correct…. In the kind of scenario that we saw this summer, with people engaging in activities that would, following the passage of this legislation, be prohibited activities in an access zone…. What’s his expectation and the government’s expectation and hope around how the tool would be used on the ground in practical circumstances?
Hon. D. Eby: I am certain that the member and I have a shared understanding around this, but I am going to put it on the record, not because I feel like I need to explain this to the member.
The operational decisions made by a police officer or a group of police officers that are responding to a demonstration…. I’ll describe it as that, but really it’s a group of people intimidating health care workers or blocking access to a hospital or whatever. These decisions are entirely within the discretion of those police officers, those operational decisions.
Government’s expectations and hopes about how something will be used are one thing. The realities on the ground for the police are quite another. How they would use this tool or other tools that they have, to get control of a situation, ensure access and protect the public, is entirely police discretion. I want to put that on the record because I think it’s important. It’s not really what the member was asking me.
The member was asking me: “What are your hopes for how the police would respond?” My hopes for how the police will use this tool would be to ensure access to services of public importance, that they would use escalating responses as appropriate, up to and including arrest, ticketing and recommending charges to Crown under the Offence Act if necessary, that they would use the tool to achieve the goals of the legislation, which is to protect access for both workers as well as the public to services of public importance and that they would do so in an escalating way, depending on whatever the situation was that they faced.
I think that the other piece is kind of about the law enforcement aspect, but it’s really a different part of it. That is, that by passing this legislation…. There might be people out there who are not sure about whether that was the right thing to do or not — to go to the hospital and block the emergency. There is some confusion that they have about whether that’s the right thing to do or not. I don’t know how you could be confused about that, but maybe they’re just not sure if telling a nurse that that nurse is committing genocide is intimidating that nurse or not.
What we want to do is remove doubt. We want to be really clear about what our expectations are so that people can judge their conduct accordingly. Within this perimeter around this facility that provides a service of public importance, we don’t want you to be engaging in these specific behaviours in this area.
The law, we hope, will also communicate directly to members of the public, even without law enforcement intervention, that there are certain behaviours that the public of British Columbia, as expressed through their elected representatives, do not want you to engage in because they have now serious consequences attached to them.
M. de Jong: The tool, as we have established and will reconfirm here momentarily, in clause 7 is available to law enforcement agencies and peace officers for the next, roughly, year and a half, to July 1, 2023. My expectation is that the legislation will receive approval from the House through all stages next week. I’m not sure when royal assent is anticipated for the legislation.
Can the Attorney just indicate for people who might be interested and who will, if we are as a society confronted by this again in the future…? Can he just briefly explain how the police will be notified, once it has received royal assent, that this new power exists? Confronted by that circumstance that it’s an option available to them, roughly or generally, what is the process for ensuring they know about the new tool?
Hon. D. Eby: I’m advised by staff that in the drafting of this legislation, there was significant engagement with police forces — the RCMP, VicPD, Vancouver police department — as well as two different associations of police in the province: the Association of Chiefs of Police and another association. We’ll have to get the name for the member. Being involved in the drafting, there were discussions about ensuring that police, broadly across the province, were aware of this.
I can advise the member of two things. One is that the police know this is, hopefully, coming. The second is that there have already been discussions about disseminating the information through these police organizations and the RCMP — of course, responsible for policing a very significant geographic area of the province — and then the larger municipal forces already directly involved in assisting us with ensuring that we provided tools that would actually be useful to police to be able to use on the street.
S. Furstenau: Just for some clarification. I may have come in partway through. Apologies if this has already been clarified.
Are police currently unable to arrest without warrant anyone found to be intimidating, physically interfering with or otherwise disrupting critical services, as of now? Like, not from this legislation. Does that already exist for them?
Hon. D. Eby: There are a couple of provisions in the Criminal Code that police could use to arrest somebody. One is mischief, which is when you’re interfering with the use of property of somebody else through your actions. The other is breach of the peace.
Mischief can carry criminal sanctions, which could include time in prison or fines. Breach of the peace does not. It’s only an arrest power, and then the police must release you once the risk of the breach of the peace is over. For breach of the peace, the challenge is that there’s no consequence. There’s no fine. There’s no potential jail time. It’s an arrest power, and then a release once the risk of the breach is over.
The challenge with mischief is that there’s a requirement that the police be able to demonstrate intent — that it is your intention to do these things. Also, it goes through the Criminal Code process, which is different from the Offence Act process. It’s not a ticket, which is what this creates. The arrest power is impacted by a number of different federal statutes that instruct police in what they may or may not do on arrest.
All of this is to say that there are arrest powers that exist, but they have challenges in one respect or another, compared to what this bill is. This bill is not a duplication of existing authorities. It is an additional tool that police provided some feedback on, to staff involved in the policy and drafting work, to advise on the gap that they saw in terms of their ability to use existing tools to respond to the protests that we saw.
S. Furstenau: Can the minister explain, then, how this relates to, say, the Police Act and how it adds additional powers to police officers beyond what exists under their current scope?
Hon. D. Eby: Staff advise me — there are also staff monitoring us remotely — that section 495 of the Criminal Code does include a criminal offence of intimidation. We’re just getting a bit of background for the member on what the case law has required before someone can be convicted of that criminal offence.
This bill is not related to the Police Act. The member asked. I can advise her that there’s no relation that we’re aware of.
On this specific section, it does create a new authority for police to arrest without a warrant a person who is conducting themselves in a manner described in section 2 — that is a significant new power — as well as the ability to issue a ticket for that conduct, as well, under the Offence Act.
Clause 4 approved.
On clause 5.
M. de Jong: Can the Attorney explain, in general terms, the circumstances in which he would contemplate making an application for injunctive relief under this section, and in including the provision — I’ll ask both questions at the same time — that would allow for another person to make a similar application for injunctive relief, who is it that the Attorney General contemplates would most likely seek to exercise the power?
Is it a service provider? Is it a health authority? Is it a school board? Is that what’s contemplated here?
Hon. D. Eby: There are two third parties that we can easily imagine seeking an injunction. One is a health authority. The other is a school district.
In terms of the office of the Attorney General seeking an injunction…. What would a situation be where that might happen? I understand that for some of the demonstrations in September, an organization called the Canadian Frontline Nurses, which we don’t understand, actually, is made up of nurses…. In any event, they were quite public about their intention to go and protest at hospitals. It is a scenario where, if that kind of thing were repeated, the AG may well go to seek an injunction in advance of the demonstration to prevent certain conduct from taking place there.
Those are a couple of examples that may assist the member in understanding the authority.
S. Furstenau: I’m going to share with the Attorney General the specific concerns raised on this clause by the B.C. Civil Liberties Association and just ask for his response to their concerns.
They say: “This section is particularly alarming. This clause seems to override the three-pronged test for granting an injunction set out in RJR-MacDonald v. Canada, making it easier, almost automatic, for the Attorney General or any other person to obtain an injunction without notice to the other part.” Then they go through the three-pronged test, which I think the Attorney General is quite familiar with.
Can the minister explain why this ability to obtain an injunction without notice is needed?
Hon. D. Eby: The RJR-MacDonald test is the common-law test for an injunction. This is a statutory authority for an injunction intending to set out for the court the basis on which the Attorney General or a third party — in the words of the statute, any other person — may potentially be granted an injunction, if the court sees fit to.
This is not unique or — I’m trying to remember what word the member used — alarming. In fact, this is a common statutory power and provision. It exists in the Medicare Protection Act. It’s in the Legal Profession Act. It’s similar to section 48 in the Public Health Act. In fact, that language informed the drafting of this section.
With that, I move the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:45 p.m.