Third Session, 42nd Parliament (2022)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Wednesday, May 11, 2022

Afternoon Sitting

Issue No. 204

ISSN 1499-2175

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


CONTENTS

Routine Business

Introductions by Members

Statements (Standing Order 25B)

F. Donnelly

M. Lee

R. Glumac

M. Bernier

A. Singh

E. Ross

Oral Questions

S. Bond

Hon. A. Dix

J. Sturdy

A. Olsen

Hon. D. Eby

A. Olsen

Hon. M. Farnworth

M. de Jong

Hon. D. Eby

M. Lee

Hon. D. Eby

P. Milobar

Hon. D. Eby

Orders of the Day

Committee of the Whole House

Hon. D. Eby

M. de Jong

S. Furstenau

Report and Third Reading of Bills

Committee of the Whole House

G. Kyllo

Hon. H. Bains

Proceedings in the Douglas Fir Room

Committee of Supply

Hon. A. Dix

S. Bond

R. Merrifield

J. Sturdy


WEDNESDAY, MAY 11, 2022

The House met at 1:34 p.m.

[Mr. Speaker in the chair.]

Routine Business

Prayers and reflections: J. Tegart.

[1:35 p.m.]

Introductions by Members

D. Clovechok: I’ll get you to indulge me a little bit this afternoon, as I’ve got two guests here in the gallery. The first guest that I’ll introduce has been my fishing buddy since she was born. She’s more comfortable in the bush with a fishing rod and a rifle than she is in the corporate boardroom that she manages. She’s an accomplished horse­woman. She’s the mother and mentor for my two granddaughters.

Her Blackfoot name is Áwákaasii aakii, which translates into “deer woman.” Her a.k.a. is Stephanie. She is the CEO of Tourism Saskatoon. She’s here on a tourism conference. She’s without question a force of nature. She followed me in my footsteps in tourism, and she’s going to be the first woman Premier of the province of Saskatchewan, in my humble opinion. Will this House please make Áwákaasii aakii feel welcome.

The second guest that I have is a good friend. His name is Frank Antoine. He’s the chief of the Bonaparte First Nation — he’s up there with staff right now — and co-founder of the Moccasin Trails, a cultural tourism company based in Kamloops. He’s the co-chair of Indigenous Tourism B.C., a member of the Tourism Association of Canada. He’s a public speaker, a great dad and just a really great guy. If everybody could make Frank feel very welcome, that would be appreciated.

Hon. S. Robinson: Watching today — either on TV or online; I’m not sure — is Dr. Mark Seger, who was my children’s physician when they were infants just a few years ago, sort of like 30 years ago. He’s a family friend, a childhood friend of my husband’s. He’s someone that I truly admire. He’s hard-working, was an incredible athlete in his younger years, and his sons are following in his footsteps. Both of his sons are on the Canadian alpine ski team.

About ten years ago Mark was diagnosed with ALS. He has committed himself to be a part of the research of this devastating disease. He’s working with the ALS Therapy Development Institute in Boston, collaborating with Google to help develop a speech clarification app called Relate. Now he’s promoting B.C.’s Project Hope, a UBC professorship with dual clinical and research roles.

I want to invite all members and anyone watching here to consider supporting the ALS Society and Project Hope, and I look forward to seeing Mark in the days ahead.

C. Oakes: It is rare for some of us in rural British Columbia to have groups of constituents come and visit, and every time we do, it uplifts us and we’re incredibly grateful.

I have a number of different constituent groups that have been in the Legislature, having lots of meetings. The first I want to recognize today is the Southern Dakelh Nation Alliance, Chief Lebrun of Lhtako Dené and Chief Squinas of Lhoosk’uz Dené. They are just such solid individuals who are fierce advocates for everyone in the Cariboo. We share a strong passion for the importance of literacy and education and training.

I would like the House to welcome the Chiefs and the Southern Dakelh Nation Alliance. Then I have a second group. That’s okay. We can welcome them.

The second guest has been a mentor and a friend of mine for many years. We’ve shared a lot of trauma and a lot of sorrow, but we’ve also shared a lot of joy. She’s also teaching me the Dakelh language, so if you would permit me.

[Dakelh was spoken.]

Doreen Patrick is a knowledge-keeper. She is down in Victoria, training front-line workers in the importance of language, carrying on the languages, and the importance of music. Would the House please thank all knowledge-keepers in the province of British Columbia and all of our guests today.

[1:40 p.m.]

B. D’Eith: It’s not often that you get to hang out with somebody who you went to school with back in the day. I was so pleased today to be able to have lunch with Mary-Ethel Audley, who’s in the gallery today. We went to law school together, and we graduated from UVic in 1989.

Mary-Ethel has had an amazing career as a senior executive with the government of British Columbia and also 12 years with Royal Roads, and we had a wonderful lunch today catching up and bragging about our kids and just enjoying reconnecting after all these years.

Thank you, and please make her feel very welcome.

P. Milobar: I wish to rise today to acknowledge and celebrate the birthday of a proud British Columbian, a Canadian female athlete of the 20th century, an Olympic champion and a retired senator, who has helped make Sun Peaks Resorts not just one of B.C.’s premiere mountain resort communities but one of North America’s premiere mountain resort communities. Would the House please help me wish Nancy Greene Raine a happy birthday today.

Hon. J. Osborne: I, too, am very pleased to welcome some guests from a smaller or more rural community in my riding. Today in the gallery we have Karen Ross, Grant Scott and Danyn Fine. They are from beautiful Hornby Island. Karen and Grant are not only longtime Hornby Islanders, but they both exemplify the very meaning of community-building.

I think that Hornby Island might have the highest number, per capita, of non-profit organizations, and I think that Karen and Grant have been involved in at least half of them, if not more. From affordable housing to community economic development to arts to environmental conservation, these two people are so deeply committed to making Hornby Island a better place to live. For our meeting earlier today with the Minister of Transportation and Infrastructure, Grant brought along his grandson Danyn to learn more about the work that we do here in this House.

Would the House please welcome them along with me.

T. Halford: Just after lunch, I had the great opportunity to meet with the Family Services of Greater Vancouver. Attending today are Maria Howard, who is CEO, Marnie Goldenberg, vice-president, and Ariane Fleischmann, manager of communications and advocacy.

I ask that the House please make them welcome.

F. Donnelly: I have two guests that I’d like to welcome.

Members of the Pacific Salmon Foundation are here with us — Mike Meneer, the CEO and president, along with Jason Hwang, the vice-president of salmon. They’re here in Victoria meeting with the minister and myself, and they’re talking about all things salmon and conservation. They’re very focused. They do great work. They support a lot of organizations in the province, and they are just on the tail end of a very successful gala that they held last week in Vancouver — one of the post-COVID events, over 500 people. I think they raised nearly half a million dollars at this event. The Minister of Mental Health and Addictions and I attended. It was a fantastic event.

Will the House please join me in welcoming those two.

I. Paton: Today I’d like to welcome to the gallery the hardest-working lady I know, the rock behind everything I do. She pushes me out the door every Sunday afternoon to come here — my wife, Pam. She’s a farmer extraordinaire and a classic horse person. With her are our friends from Tsawwassen, Roy and Monica Toigo. Please make them feel welcome.

I think they may be in the precinct, but my cousin Heather, who I haven’t seen in probably 25 years, was taking a tour of the building today with her husband, Eric Beck. I welcome them if they’re here today for question period.

D. Davies: You know, this afternoon I was touring a couple of folks around from up in my neck of the woods, and it was really nice to see so many people back in the building, tourists visiting this incredible people’s House, looking at the architecture, hearing the stories.

[1:45 p.m.]

It was really a pleasure to show them around. I do want to welcome, from the city of Fort St. John, a couple of residents as well as my Rotarian friends, Beth and Steve Horchan, who are down here for a week. With them, they are joined by Beth’s sister, Ann Malott, and John Heed, both from Fort Saskatchewan, Alberta.

Would the House please make them feel welcome.

Hon. K. Conroy: I want to do a shout-out to someone that I’ve hope got online. She’s trying to get online. She says: “What do I need to get online for?” It’s my baby sister’s birthday today. She’s a big “O.” I won’t tell you which one. Ah, she’s 60. What the heck. She’s a pretty amazing young woman, from my perspective. She and her husband have a business up in Whistler. They were Whistler’s business of the year, and they do incredible work in that community. She is just a really great sister, great mom, great wife, great person.

Wish I could be there with you, but I can’t. We will celebrate this summer, as soon as we can get together. Love you.

B. Stewart: Well, it’s a pleasure today to welcome several guests, not from my riding but two people, Jerry Chen and his partner, Anthony Ho. Jerry and I met in Shanghai, where I met his father. They had a store there that is to die for, of Canadian products. They currently own SunFarm Products, which represents very legendary products here in British Columbia, SunRype Products as well as Inniskillin wines. They’re here in the precinct today, headquartered in Vancouver, looking for export opportunities. Please welcome Jerry and Anthony.

I also want to recognize two constituents, Brian and Elayne Alexander, entrepreneurs with Bella Outdoor patio and deck covers. You might not know them personally, but if you happen to visit some of the many wineries in the ridings from Boundary-Similkameen all the way up to Vernon-Monashee, you’ll be pleased to know that their products have been installed from Predator Ridge to Tinhorn Creek, Black Hills, Mt. Boucherie, Gray Monk and many more. Anyway, look for that, and if you need help during the next heat dome, you know who to call.

I’ve got one more. I know there’s probably a time limit and I’ve used up all my time, but I wanted to invite Cheryl Doll, who is my constituency assistant. Cheryl started in a career in the oil patch, working for Duncan McNeill and Stream-Flo in Calgary. She’s a land man.

She came to Quails’ Gate Estate Winery in 2005 and helped build the restaurant, building, working and shepherding that through.

She became my CA in 2009, when first elected — a fierce supporter of constituents’ rights, knows the difference between right and wrong, known by many government staff.

As I toured her around here today, they’re coming out of their offices to say hi. She’s known in ICBC and WorkSafe and has many alliances but served Premiers, cabinet ministers and MLAs and the constituents of Kelowna West.

I’d like to welcome Cheryl Doll.

A. Singh: It was my wife’s birthday over the weekend, so would the House join me in wishing her a very happy birthday. I wouldn’t be able to do the work here without her generosity.

J. Rustad: It’s been a busy time around the household for me. Last Friday it was my wife’s and my 27th wedding anniversary. Then on Saturday, it was her birthday. She’s one year away, coming up on a big number. I look forward to celebrating that with her next year. Then on Monday, it was my mother-in-law’s birthday.

The main reason for me coming up and standing up here today is that I want to wish Maverick Matthews a happy first birthday. Maverick is a great-nephew of mine. My wife and I weren’t able to have children, and my brother has six. I’ve got six nieces and nephews, so we do a lot of things with them. I’m just so proud and happy and pleased to see the first grand-niece and nephew that I have in the family.

Would the House please congratulate my niece Rebecca and her husband, Ben, on their child, Maverick, on their first birthday. I was going to say wedding anniversary. I don’t know why. Too many things happening.

[1:50 p.m.]

Statements
(Standing Order 25B)

WILD SALMON AND STEELHEAD
PROTECTION AND RECOVERY

F. Donnelly: All pacific salmon are in crisis. Interior Fraser steelhead are on the brink of extinction. First Nations, scientists, and wild salmon stewards tell us action is needed now along with a significant investment if we are to turn the trend around for B.C.’s wild salmon and put them on a path to recovery.

Whether it’s unsustainable harvest rates, pathogens from open-net salmon farms or destruction of salmon habitat, all have contributed to the current dismal returns. That’s why I’ve been working hard, along with B.C.’s minister responsible for fisheries, on a wild salmon strategic strategy and action plan for B.C.

We know what is needed. Co-manage wild salmon with First Nations. Move salmon farms off the wild salmon migration route. Apply a salmon lens to all ministries that impact wild salmon and their habitat. Protect that habitat in designated salmon parks and sanctuaries. Heal the land, with a focus on restoring riparian areas and implementing nature-based solutions in fire and flood-prone watersheds. Remove barriers that prevent wild salmon from getting to their spawning grounds. Expand the lake enrichment program that adds nutrients to the sockeye rearing lakes. Clip the adipose fins of all hatchery finned fish in B.C.

We know the province can’t do this alone. That’s why we need to sign an agreement with the federal government and First Nations committing us to one coordinated wild salmon recovery plan for British Columbia. We also know a significant investment in wild salmon recovery efforts is needed, similar to the scale of the pacific salmon strategic initiative.

What’s at stake? We risk seeing wild pacific salmon go the way of the Atlantic cod. It’s been 30 years since that moratorium was put in place, and Atlantic cod still haven’t recovered.

We can’t let that happen to B.C.’s wild pacific salmon and Interior Fraser steelhead.

MOOSE HIDE ANTI-VIOLENCE CAMPAIGN

M. Lee: Tomorrow is Moose Hide Campaign Day, an opportunity for all of us to reflect on the intergenerational trauma experienced by Indigenous families and communities and show our solidarity and commitment to help families and communities to heal and to end violence against women and children.

Indigenous women and children experience a disproportionate level of violence and racism. Last month the report by Statistics Canada found that 65 percent of Indigenous women in B.C. have experienced some form of violence. This is 15 percent higher than that of non-Indigenous women.

The vision for the campaign came to Indigenous co-founders Paul and Raven Lacerte while on a hunting trip in their traditional Carrier territory. They harvested a moose and had the idea to tan its hide and cut it into squares to inspire change. This was the start of the Moose Hide Campaign, a national grassroots movement for Indigenous and non-Indigenous people, particularly men and boys, to join together and take a stand against violence.

The moose hide pin is a unifying symbol for all of us to raise our consciousness and familiarize ourselves with the experiences of Indigenous peoples and communities. It is a symbol of hope and serves as a visual commitment to honouring and respecting the women and children in our lives. More than three million moose hide pins have been distributed since 2011.

As part of this day of action, people are welcome to participate in the one-day fast or watch the virtual ceremony. Here in British Columbia, Victoria, we will be gathering at noon tomorrow for the walk to end violence, which will end here on the Legislature grounds. I hope everyone in this House will join me tomorrow in reaffirming our commitment to ending gender-based violence in B.C.

We raise our hands to the Moose Hide Campaign for the vital work that they are doing to end violence against Indigenous women and children. By engaging all British Columbians, we can work together to build a better province that is safe for all.

[1:55 p.m.]

MESSAGE OF APPRECIATION
AND MARRIAGE PROPOSAL

R. Glumac: I would like to begin today by acknowledging all the partners that support the very unique work that we do here in the House. This certainly isn’t a normal job, by any means.

I’d like to acknowledge one person in particular, and that is my partner, Haven Lurbiecki, who is up in the gallery today. Haven, I just want to say you’re an amazing person with such a big heart and such a passion for making the world a better place. Every day you make my world a better place.

I feel so fortunate that I met you four years ago. I remember, actually, the moment that you changed my life. Every moment since then you’ve made my life more vivid and alive, and everything that I do is more special because I get to share those experiences with you.

I know that our life is just beginning. There are a lot of adventures ahead for us, and I look forward to all those adventures. I just want to say you fill my heart with love, and I’m not afraid to share that with everyone.

I just have one question for you. Will you marry me? [Applause.]

I think that was a yes. In order to make it official, I’m going to go to the gallery.

Thank you, Mr. Speaker. [Applause.]

Mr. Speaker: I think that was….

Interjections.

Mr. Speaker: All right. Shhh.

I think that was the first proposal ever made in any Commonwealth parliament, inside.

SOUTH PEACE OILMEN’S ASSOCIATION

M. Bernier: My wife would want to know why I’m looking around the gallery right now, because she’s not here. Let’s take a moment to pause for that.

That was beautiful. Thank you very much. I’m glad I was able to witness that.

For my points today, which won’t be able to top that by any means, this last weekend was the first time since the COVID-19 pandemic started where the South Peace Oilmen’s Association was able to hold their annual lobster fest and fundraiser in Dawson Creek. That’s right. In the heart of the oil patch, on the east side of the Rockies here in British Columbia, we had lobster in Dawson Creek.

Now granted, they had to fly in over 500 of them from the east coast for this special fundraiser, but it really showed that our community was eager to get out. They were ready to have a fun night, have some great food and, more importantly, raise funds for our community with the South Peace Oilmen’s. Unfortunately, I did have tickets for that event, and I ended up having to stay here in Victoria. I know my lobster did not go to waste, though.

The South Peace Oilmen’s Association was registered in 1991 as a not-for-profit society. The purpose originally was for the organization to have a social network for those who got out, supported and worked in the oil and gas sector. But it very quickly worked into a not-for-profit society working and volunteering to raise money and funds for the people in our community.

They provide a Christmas tree every single year for our light-up. They’ve raised money for our waterslide, for a walking path, for our ski hill. They donate to minor hockey, the South Peace Motorsports Association, the hospital foundation, STARS ambulance and the child development centre, just to name a few. It’s an amazing organization.

[2:00 p.m.]

I want to thank all of the people involved with the South Peace Oilmen’s in my region for the support they have for our not-for-profits for our region and what they’re doing to give back — people like president Allan Armstrong, Bryan Kropp, Murray Pratt, Geoff Stanhope, Curtis and Kathy Yorke, Jim Inkster, and the ever-busy Paul Gevatkoff.

Thank you to all of them who help and volunteer their time for the people in my region.

CANCER AWARENESS

A. Singh: April was Cancer Awareness Month. It was proclaimed by our province as Canadian Cancer Society’s Daffodil Month. As we came past the close of that month, I wanted to again recognize the impact that cancer has had on Canadians.

As you can imagine, all things cancer have been in the forefront of my mind these days. Cancer remains the leading cause of death in Canada. An estimated two in five Canadians will be diagnosed with cancer in their lifetimes, and about one in four will die from cancer.

My mother was one of those who passed away from cancer a few years ago. She battled breast cancer for over two decades. My father is also a cancer survivor. Many in this House have either come face-to-face with that diagnosis or also have loved ones that have been impacted. My friends here that have bravely faced cancer will testify to the surreal feeling one gets when they are first told they have cancer. The anxiety it creates for oneself and for one’s loved ones is a phenomenon in itself.

Lung, breast, colorectal and prostate cancers are expected to remain the most commonly diagnosed cancers, accounting for 46 percent of all diagnoses last year. Melanoma cancer continues to increase, despite being a highly preventable cancer, while thyroid cancer is decreasing. It’s expected that the three leading causes of cancer death will be lung cancer, at 25 percent; colorectal cancer, at 11 percent; and pancreatic cancer, at 7 percent.

These rates have thankfully been declining over the last few decades. Current five-year net cancer survival is estimated to be 64 percent for all cancers combined. It wasn’t always so. Those statistics are a lot better than they have been in the past, and that’s a testament to the significance of continued research and detection and early treatment — and how awareness programs, like the Canadian Cancer Society’s Daffodil Month, have helped improve those statistics.

I encourage all that have faced cancer, either as a patient or as a loved one, to continue to share their stories and to spread hope.

CAMPAIGN FOR NEONATAL
INTENSIVE CARE UNIT IN TERRACE

E. Ross: Emily’s baby isn’t due for another five weeks, but suddenly there are signs the birth is imminent. She and her family rush to Mills Memorial Hospital in Terrace, and it’s a treacherous and unpredictable drive in the fall, winter and spring on northern B.C. roads. At the hospital, they put Emily in an ambulance by herself and whisk her to the airport and pray that the weather allows for the 90-minute flight to Vancouver. If not, it’s another 90-minute ambulance ride to the next airport, and again, they pray for better weather.

The Dr. R.E.M. Lee Hospital Foundation has started the Closer to Home campaign to add a new neonatal intensive care unit to Mills Memorial Hospital in Terrace, B.C. Mills Memorial Hospital serves patients well beyond the Skeena constituency, with almost one birth every day. Mills Memorial Hospital services communities from Atlin, Dease Lake, Prince Rupert, Kitimat, Houston and Smithers to Haida Gwaii, as there are no other T3 hospitals in the northwest service delivery area.

More than 75,000 people, including 40,000 First Nations in 28 communities, experience what Emily experienced. Mary Denton, who had to be flown down, said: “The isolation of suddenly being down there and trying to figure out everything for back home was an absolute nightmare.”

To paraphrase Ron Bartlett, chair of the Dr. R.E.M Lee Hospital Foundation, to have infants and newborns prepped to be put on an airplane to be shipped to Vancouver when they really should be cuddling their mom — that’s pretty harsh on a little one.

The financial goal is simple, $14.5 million. But the goal is extraordinarily needed to keep vulnerable babies and their anxious mothers and families closer to home, because our children matter.

[2:05 p.m.]

Oral Questions

ACCESS TO FAMILY PHYSICIANS

S. Bond: One in five British Columbians is without a family doctor, and the situation is getting worse. In fact, by eight o’clock this morning in Surrey, the Brickyard Medical Clinic was at capacity. Here in Victoria, unbelievably, the sign on the door at the James Bay urgent care clinic reads: “Until further notice, we’re not able to offer drop-in doctor urgent care.”

This is the reality that people are facing in our province. Family doctors — so essential to the system that we appreciate in British Columbia — are leaving their practices. Walk-in clinics — the wait times are the longest in the country. And our doctors and nurses are overwhelmed.

Results matter. The minister knows that the results are getting worse everywhere in the health care system under this government. Yesterday we learned from the minister that he will not be tabling the health human resources plan until the fall — a year late.

When is the Premier going to fix the broken system so that British Columbians can get the care that they deserve?

Hon. A. Dix: The member will know that on the issue of attachment to a family doctor, the number of people lacking a family doctor doubled from 2003 to 2017. This has been the trajectory of things, essentially increasing every year except for 2008 and then 2018 and 2019.

One of the major challenges at the moment for in-person visits to family doctors is the decision that I made and the Ministry of Health made in consultation with doctors in April 2020 to create new billing codes for virtual care to support, at the most difficult time in the history of B.C. health care, family doctors and primary care at a key moment. That was a successful initiative, and family doctors, who are the foundation of our primary care system, deserve the credit for it.

We went from 17.9 million in-person visits to 5½ million, but we increased the number of fee-for-service visits by adding virtual visits. This has had a profound effect on our system as well. There is an increased complexity of patients that family doctors see.

The result of all of this is that we need to continue to take the steps that we’re taking that are in consultation with family doctors and that have family doctors at the centre of it and divisions of family practice at the centre of it, which are building out primary care networks and addressing fundamental issues in our fee-for-service system, which seem to favour, I would say, both episodic care and less serious care. We’ve got to take serious steps, and that’s what we’re working with family doctors to do.

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

S. Bond: I think that the minister has no idea what his answers elicit from people in the health care system when they hear the same answer day after day after day after day that fails to acknowledge the reality of these challenges not just for our health care workers but for patients in British Columbia. Surely to goodness, the minister cannot think that it is acceptable to find a sign on a clinic that says: “Until further notice, no help here for urgent care.” It’s simply not acceptable.

That’s not the only situation. Since January, the people in Ucluelet have been trying to save their family medical practice — their only family medical practice. They approached their NDP MLA, and that accomplished nothing. At the end of this month when the lease is up, another 3,000 British Columbians will lose their family doctor. As the mayor said yesterday: “Quite frankly here, we’re at D-Day.” That’s the reality of how British Columbians feel. Another 3,000 patients at risk of losing their family doctor.

The minister might be uncomfortable with the questions, but it is time that he gave a meaningful answer that gives hope to British Columbians and health care workers across this province.

Hon. A. Dix: It’s not just statements; it’s action. It’s yes, 59 primary care networks in B.C. developed in consultation with family doctors that have added 965 people to that system to support family doctors and to provide basic patient care. That’s action.

The member says it’s not working. It is extraordinarily effective.

Interjections.

Mr. Speaker: Members.

[2:10 p.m.]

Hon. A. Dix: I’m interested in the opposition’s view of an issue — of attachment to family doctors that, in the years when they were in government, doubled, which increased the rate, because you say: “Oh, there are more people in the population. The rate increased by 80 percent.”

Interjections.

Mr. Speaker: Members.

Hon. A. Dix: Those were the circumstances then. We are taking action. We’re adding primary care centres. We’re adding primary care networks.

The members try and pretend COVID-19 didn’t happen at this moment. They try and pretend, hon. Speaker.

Interjections.

Hon. A. Dix: The most…. No, no.

Interjections.

Mr. Speaker: Let’s hear the answer, please.

Members, let’s hear the answer. Members.

Hon. A. Dix: You know, hon. Speaker, it actually happened. We went, in one year…. It actually happened, in primary care….

Interjections.

Mr. Speaker: Members. The question was asked. Now is the time for the answer. Okay? Let’s hear the answer, please.

Hon. A. Dix: We went from a system that was overwhelmingly in-patient visits to one that was virtual visits overnight. It had a significant effect on patients, on health care providers, on doctors, on everybody. That is the point at which we are at now.

The job is, I think, to go step by step, work through these issues that are real for family practice doctors and increase complexity for them, increase challenges for them and the work that they’re doing, which continues to be extraordinarily challenging in the community, to support them with teams and to continue to do that work — not to talk about it and respond with rhetoric, but with action.

That’s what we are doing, and that’s what we’ll consistently do in the days and weeks to come.

J. Sturdy: Well, speaking of rhetoric, it’s really no consolation to people in communities that are losing their family doctor. Certainly, we haven’t seen any action in the Sea to Sky. In Squamish, the Diamond Head Medical Clinic has lost over a third of their doctors and last month wrote the government asking for help. The letter says: “All of us have a breaking point.” I don’t think there is any question about that.

Will the Premier act, and what will the Premier do before more residents in Squamish lose their family doctor?

Hon. A. Dix: Well, acting is what this is all about. With respect to….

We have, in B.C., the largest family practice residency program in Canada. We do, because we’ve added 60 additional spaces under this government — action there. Action to, yes, add nurse practitioners; double the number of nurse practitioners. Action to create 59 primary care networks. Action to create urgent and primary care centres. Action to create Indigenous-led primary care centres. Action to increase community health centres and to support and expand the ones that we have. All of that is significant action.

Interjections.

Mr. Speaker: Members.

Hon. A. Dix: We are going to, in this system, working together — and it’s as true in Ucluelet as it is in Sea to Sky — on the ground to address issues that are significant for people. That’s what my colleague, the MLA for the area, has done and led that effort to continue to make that happen. That’s what we are going to do in Ucluelet and in Sea to Sky.

Mr. Speaker: Member for West Vancouver–Sea to Sky, supplemental.

J. Sturdy: Well, regardless of the minister’s statements, I’ve had correspondence from doctors on the bay, in Horseshoe Bay, Squamish, Whistler. I had a big delegation from Pemberton just last week. Residents in the Sea to Sky do feel like they’ve been abandoned.

Nobody can even take a bus to get to the doctor, if we had a doctor, but now they’re losing them. Forty percent of Whistler residents are without a family doctor. Clinics are closing. Just last week the Town Plaza Medical Clinic in Whistler — gone.

[2:15 p.m.]

This is what it feels like if you lose your doctor. This is from one of my constituents: “I’ve watched loved ones suffer and die due to the lack of adequate primary care in this province. The fact that it’s gotten this bad is disgusting.”

When is the Premier going to fix this?

Hon. A. Dix: Well, you fix it by training more doctors. You fix it by adding family practice doctors. You fix it….

Interjections.

Hon. A. Dix: Well, we have. We’ve done that.

Mr. Speaker: Members. Members, when the question was being asked, everybody was quiet. Now it’s the time for listening to the answer.

Hon. A. Dix: Adding 20 percent more residency spaces is action. Adding primary care networks that aren’t created by me but created in consultation with local communities and local divisions of family practice — that’s action. That’s how you address it. You build out team-based care. We need to train more family practice doctors, and we need to support the family practice doctors we have.

As members know — this was true when I became Minister of Health; it has improved somewhat since then, but it’s still the case — we are overwhelmingly, in B.C., a fee-for-service system. It’s 80 percent in B.C., 79 percent in B.C., 46 percent in Ontario, for example. We’re overwhelmingly that system.

One of the things that system does not do adequately is deal with the increasing complexity of patients. That’s the system we have, and that’s why we have to work together, in a system we work out together, to ensure that our family practice doctors are stable in the community. But we have invested the resources. We’ve added 965 people to primary care networks, and we’re going to continue to do so.

REVIEW OF MENTAL HEALTH ACT

A. Olsen: The Mental Health Act is outdated. It prioritizes discipline and control and makes people with mental illness feel like they’ve failed for having a health issue. The act hasn’t been seriously updated in 25 years. Advocates, legal experts, community members and independent officers of this Legislature have all called for a serious update and review of this act. A couple of weeks ago the all-party committee reviewing the Police Act recommended the same.

The Tyee reported that the government was modernizing the act, and then the Attorney General said that there was no plan to modernize the Mental Health Act. Community members told me that they knew that that initial report was too good to be true.

In 2001, this government celebrated the largest investment in mental health services in B.C., yet it’s remarkable that the government is investing all this money into a problem but has not changed the foundation of the issue. It remains untouched.

Decades from now this government could be known as visionary leaders who responded to a growing mental health crisis.

My question is to the Minister of Mental Health and Addictions. When is she going to review and update the Mental Health Act?

Hon. D. Eby: The member raises some important questions about the Mental Health Act. It’s one of the statutes in the province that deals with involuntary care. We have an Adult Guardianship Act as well. Staff within the Ministry of Attorney General are doing a review of the Adult Guardianship Act right now.

The member will also know we just passed, in this House, a significant modernization of the Mental Health Act, providing basic legal information to people who are involuntarily detained. It’s one that passed, I’ll note, with all-party support, for which I’m grateful, because it’s an important part of our system to ensure that people have the safeguards and are able to take advantage of them as they move through the mental health system.

We aren’t able to do everything at once, but we’re doing important work on these statutes that are really important to people’s lives across the province.

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

IMPLEMENTATION OF RECOMMENDATIONS
FROM POLICE ACT REFORM COMMITTEE

A. Olsen: We actually have changed one significant part of the act. We have not done a significant review of the Mental Health Act in decades, yet we are expending hundreds of millions of dollars on that act that is founded on values that are from a completely different generation, and those are the outcomes that we’re getting.

We know that outdated acts can cause harm. They don’t reflect the lessons of history or the tidal wave of social change that we’ve seen here in this 21st century.

[2:20 p.m.]

We can see this when police are the primary response to mental health crises instead of trained crisis responders. That brings me to another act that needs updating, the Police Act.

The committee reviewing the Police Act recently tabled a report, a couple of weeks ago. It called for transformational change. The B.C. Police Association liked the report. The representatives that I spoke to at an event earlier this week were very supportive, and, in fact, expressed to me their gratitude for how the committee articulated the challenges that police services face in this province and how we navigated what can be tricky territory.

The response from some when we tabled that report was that it was dead in the water. Why? Well, because governments can’t do transformational change. The response from this minister was that there was going to be consultation this summer. I don’t believe that’s good enough. This file needs leadership. We’ve got a session that is almost over, and British Columbians haven’t seen that leadership yet.

To the Minister of Public Safety, will he commit to delivering on the recommendations of this committee and establish an oversight committee to work with him to transform policing and public safety in our province?

Hon. M. Farnworth: I thank the member for his question. What I can tell you is that I think the committee did some outstanding work and did deliver to this chamber — and in fact, to the public — a very comprehensive report in terms of how we reform policing in this province.

What is critical, and what I have said publicly and when the committee was struck, is that we need to change and reform and modernize the Police Act. That work is underway, and the work of the committee is going to be a critical component on the reform of that piece of legislation.

What I can tell you is that my public statements so far have been that the report is now within my ministry. The analysis on the recommendations is underway. But what I can tell you, and that we have committed to, is that there is a new Police Act going to be coming. The report that was done by the all-party committee, unanimously approved, is a critical cornerstone of that work.

CRIME IN COMMUNITIES AND
ACTION ON COMMUNITY SAFETY

M. de Jong: Last week, despite having promised boldly creative measures to better protect citizens from the threat of prolific offenders, the Attorney General managed to underwhelm virtually everyone by announcing another study. Predictably, this has done absolutely nothing to address the growing safety concerns of British Colum­bians, and the attacks on innocent victims continue.

On Monday, here in Victoria, another victim was threatened and attacked with a weapon. That prompted the Victoria police to issue a statement confirming that the suspect had been arrested earlier that day — arrested for breaking a previously court-ordered condition not to possess knives. He was released.

There are a variety of things that the Attorney General could be doing now to reduce these random violent attacks by prolific offenders, but while the list of victims of the catch-and-release approach continues to grow, apparently the Attorney General’s idea of creativity is to call for another study.

How many more victims of prolific offenders will there be over the next four months while the Attorney General and the government sit there and wait for another report?

Hon. D. Eby: A couple of points. I know that the member who just asked me that question is a former Attorney General. I know he understands the independence of the judiciary. He’s a member of the bar. He understands the structure of government, the structure of the justice system. When a court releases somebody on conditions, it’s not my decision. It’s not the decision of government. It’s the decision of the court, applying the federal criminal law.

He raises an important question, though, which is: what can the province do within that context to address these issues? He suggests that the, frankly, important work that is underway right now around identifying some of those solutions is all that this government is doing, which is simply incorrect.

[2:25 p.m.]

We are opening 500 complex care beds across the province for people with serious mental health and addiction issues. We’ve opened thousands of units of supportive housing that, in communities like Vernon, have driven down the crime associated with people living outside and trying to survive on the street — a reduction of 55 percent in that city. So we are doing that important work.

In addition, there’s a working group of police and Crown counsel right now identifying ways that they can better work together on this issue, and we have the investigation by a respected senior police officer and an expert in mental health and corrections issues identifying further solutions for us.

I appreciate the concern and the question. I share it. But what I would appreciate as well is education of the public around what we can do within the provincial context and what our shared work is together.

Mr. Speaker: Member for Abbotsford West, supplemental.

M. de Jong: I listened carefully last week to the Attorney’s comments in the House, and I’ve listened carefully again today. I fear that he is addressing, or attempting to address, only one portion of the problem.

I used to prosecute in the courts. There are members on both sides of this House who have been involved in law enforcement, and I think they would agree with me when I say to the Attorney General that sadly, there is a group of people out there — a small group, but a group nonetheless — who are criminals. They rob. They steal. They threaten. They assault. They even kill when people get in their way. They have chosen to lead a life of crime, and they will continue to lead a life of crime until they are caught and taken off the street. Until that happens, they’re going to continue to terrorize innocent victims.

The Attorney General’s promise of another study does nothing to address this. It has prompted comments from people like Chief Alphonse, who has said: “If that’s the Attorney’s idea of creativity, then we’re in big trouble.”

The Attorney could dedicate Crown counsel to prolific offender files. He could update charge assessment policies and provide general directions pursuant to the Crown Counsel Act. He could expand the use of electronic monitoring technology. Those are all things that he can do today, but he has chosen to do none of those things and instead wait.

It’s the Attorney General’s job and the government’s job to keep people safe. How is waiting another four months keeping people safe?

Hon. D. Eby: I appreciate the suggestions from the member, which come from the terms of reference that I gave to these investigators to look at. How quickly these things can be implemented, whether they be would effective at addressing the issue, I think, are preliminary questions to ask before rushing to implementation.

I appreciate the member holding me to the fire on this. This is an important issue. We need to address it. Four months is a long time. That’s why I said to the investigators: “If you identify solutions earlier, don’t wait. Bring them to me, and we will address them.”

This is the same approach we used with money laundering to stop money laundering in our casinos. This is the same approach we used with ICBC to fix ICBC. This is the same approach we’re going to use to fix this issue.

Now, I note that in a previous question period, one of the members across the way…. It wasn’t a question; it was just shouted at me. “We had a program,” someone shouted at me. So I looked into it, and they did.

I understand that four months is a long time, but when the B.C. Liberals established a program, they announced it in 2006. Let me see here. They implemented it in 2008. And then when the program showed results, they cancelled it. So we will take a different approach. We don’t have to wait the full four months. If the investigators find results sooner that we can implement, we will.

The precondition to taking action is to know that the action that you’re going to take has the highest chance of success possible. So we’re going to do that, and we’re going to address this issue.

COMMUNITY SAFETY
IN VANCOUVER’S CHINATOWN

M. Lee: As the Attorney General may have monitored and seen, there were significant outcries of concern expressed at the public safety and violent crime council meetings in Vancouver both at the end of April and last night.

[2:30 p.m.]

We continue to see concerns, particularly from individuals and other representatives of communities, including in Vancouver’s Chinatown. There are marginalized Asians and seniors in their community, in their words, that feel a lot of fear of coming out and walking on the streets in the neighbourhoods. We’ve seen this unchecked violence and crime with no consequences on the streets of Chinatown, and it’s only getting worse.

The Attorney General’s friends at Pivot Legal also spoke at last night’s council meeting — the same Pivot Legal that received $150,000 from this government last year. No surprise, Pivot Legal supports the Attorney General’s soft-on-crime approach. Yesterday a representative from Pivot Legal explicitly called for a boycott of Chinese Canadian–owned businesses that ask for more police protection: “I have no issue recommending people not shop at businesses that explicitly advocate for ‘more police on the streets.’”

Why is the Attorney General aligning with his friends at Pivot Legal by choosing to delay for another four months and doing nothing about the crime that is hurting the Chinatown community?

Hon. D. Eby: I worked at Pivot Legal Society 15 years ago — was really proud of the work that I did there. I worked when the other side of the House was in government, when we begged them for housing, for mental health support, for harm reduction services, for a safe injection site — things that they embrace now, by the way. But at the time, they fought so hard against, we had to go to court and get orders.

Now, it sounds like the organization is a long way from where they were 15 years ago, but I can share some information with the member about what’s happening in Vancouver in terms of criminal activity. So we are seeing an increase in reports to Crown counsel around what are called person offences — things like uttering threats, minor assaults, threatening communications. I say “minor.” It’s not minor for the person it happens to. It’s just how they’re categorized.

But we’re seeing very significant decreases in property offence reports to Crown counsel, a 44 percent reduction since 2017-18, a 41 percent reduction in reports to Crown counsel on administration-of-justice offences and a 17½ percent reduction of other offences. So clearly, we’re seeing a change in the pattern of criminal activity. It’s very concentrated in the downtown area. It’s changed during the pandemic, and policing is part of the response. The member knows that the Solicitor General intervened to ensure that Vancouver Police have the resources they need to address this issue, so it’s unfair of him to portray this government….

Interjection.

Mr. Speaker: Member for Langara will wait for his supplemental.

Attorney will continue.

Hon. D. Eby: It’s unfair of him to portray this government and frankly, me, as being opposed to police services where they’re needed in downtown areas, including Chinatown. But it’s also incorrect to present police as the only solution to this issue, because they are part. They will tell you that when it comes to the mental health and addiction issues that are driving a lot of this activity in Chinatown and other places, they need those social services as well — services we put in place that, frankly, I had to sue the previous government to try to get.

CRIME IN COMMUNITIES AND
ACTION ON COMMUNITY SAFETY

P. Milobar: Let’s be clear. No one believes this Attorney General, with his background, is tough on crime. Everyone knows and everyone agrees that his catch-and-release system has failed miserably. It’s been failing year over year over year — all five years that he’s been the Attorney General.

The numbers are getting worse. Public perception of safety in their own community is getting worse. We’re hearing of four-plus unprovoked stranger attacks in Vancouver each and every day. Seventeen-year-olds in Surrey getting kneed and punched and kicked in the head while they’re trying to take a bus home, where they should feel safe. Terrace. Prince George. Kamloops. Name the city. This is happening on the streets.

This Attorney General chooses to slough it off, and how does he slough it off? He tells us he’s going to have creative solutions last week. Everyone just wait for it. “I’ve got creative solutions.” His creative solution? Wait four months for another report, so another 500 people in Vancouver and in Chinatown can be attacked, let alone every other city in this province. That’s his creative solution.

It’s as if he’s not in charge of a ministry, and the Solicitor General doesn’t have a ministry fully staffed with subject matter experts that could have been providing advice over the last two years on how to deal with this problem.

[2:35 p.m.]

Interjections.

Mr. Speaker: Members.

P. Milobar: Again, when is the Attorney General going to stop passing the buck, stop his catch-and-release, stop being so soft on crime, and actually start providing some results and some safety to the communities that have been demanding it and will keep demanding it over the next four months?

Hon. D. Eby: It is interesting, the kind of crime that the opposition is interested in and the kind that they weren’t interested in. When I took over responsibility for the gaming portfolio, I was shown videos of people unloading bundles of $20 bills out of duffle bags.

Interjections.

Mr. Speaker: Members.

Hon. D. Eby: I wonder if anyone on that side asked themselves the question: “Where does that money come from? And what does it mean, as a government, that we accept that and support the activity that generates that money?” I just offer that as an observation.

I will say that I’m incredibly grateful to the chamber of commerce in Terrace, to Mayor Basran, to Mayor Helps, to many people who have expressed their support for this important work. The same way that we fixed the crime that was happening in B.C. casinos, that government ignored — that same method is what we’re doing here. We’ve got experts in the area identifying solutions that we can….

Interjection.

Hon. D. Eby: What have we fixed? People walked into casinos with duffle bags full of cash, and we banned that activity. And in two weeks….

Interjections.

Mr. Speaker: Members.

Hon. D. Eby: The money from the drug transactions that are taking place in the Downtown Eastside, through B.C. casinos, under their watch….

Interjections.

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

Members, come to order.

The Attorney has the floor.

Hon. D. Eby: We’re not afraid to address the issues. We have the support of mayors. We have the support of the chamber of commerce in Terrace for taking these steps. We’re going to address this issue just like we addressed all of the other messes that that government left us with.

[End of question period.]

Orders of the Day

Hon. M. Farnworth: In this chamber, I call committee on Bill 21, Professional Governance Act.

In the Douglas Fir Room, I call the continued estimates debate for the Ministry of Health.

[2:40 p.m.]

Committee of the Whole House

BILL 21 — PROFESSIONAL GOVERNANCE
AMENDMENT ACT, 2022

The House in Committee of the Whole (Section B) on Bill 21; S. Chandra Herbert in the chair.

The committee met at 2:41 p.m.

On clause 1.

Hon. D. Eby: I’m assisted today by Rebecca Freedman and Kate Haines, both directors in the office of the superintendent of professional governance.

I look forward to the member’s questions today.

M. de Jong: The change in terminology that first appears in the legislation in section 1 recurs several times. It’s probably worthwhile for the Attorney to place on the record the rationale behind the change in terminology that appears here and elsewhere in the act.

Hon. D. Eby: This change reflects a philosophical shift. The terms council, councillor, president and vice-president are typically associated with membership-based organizations that advocate for their members, rather than a regulatory body which is intended to represent the public interest in their work.

Amending what I will refer to as the PGA, the Professional Governance Act, with terminology that is more consistent with this regulatory function, as opposed to a membership organization, helps clarify the distinction that we’ve been trying to draw here and ensure that the act’s language reflects how we hope and expect these bodies to operate as defenders of the public interest, rather than defenders of their membership’s interest.

S. Furstenau: Following up on that, I’m wondering if all of the bodies have already changed their terminology, or is that underway and expected to be done by a certain point?

Hon. D. Eby: The member will note that this will be brought into force by regulation, so if the bill passes the House, then notification will be sent out to the regulatory bodies. Once they’ve had an opportunity to plan for and prepare for amending material that they have internally, like their bylaws and other regulatory documents…. Once they’re ready, then it will be brought into force by regulation. So the scheduling will be passage of the act and outreach to organizations. They’ll do that work internally, and then it will be brought into force by regulation.

Clause 1 approved.

On clause 2.

[2:45 p.m.]

M. de Jong: The act, as it presently exists and as it will be amended by these provisions, allows for other governing bodies to be captured by the provisions, and there are regulatory provisions that allow for that. We’re aware of the Architectural Institute of B.C. being added to the list of professional regulators.

What, if anything, can the Attorney indicate to the committee, beyond the Architectural Institute of B.C., about possible additional professional regulators being added and captured by the provisions of the act?

Hon. D. Eby: The technical term, I’m advised, is an investigation. That is, essentially — and the language will change — a designation assessment, so work by the office of the superintendent of professional governance to assess the designation and the appropriateness of the application of the act to the relevant profession.

There are two professions that are currently under investigation — it sounds more ominous than it is: home inspectors and landscape architects. As part of the work of the office of the superintendent of professional governance, when they do an investigation, an assessment of a profession for inclusion under the act, it’s published in the Gazette. Both of those have been so published.

M. de Jong: That’s helpful. The impetus for launching an investigation, within the context of the act and as the Attorney has just described — where does that come from? It doesn’t appear to me that the provisions of these amendments change that at all. But if I’m incorrect, this would be an appropriate time for the Attorney to disabuse me of that notion.

Hon. D. Eby: The initiation of an investigation can come either from government or from the profession. So there is an application process, where an interested group of professionals can apply to the office of the superintendent of professional governance, the OSPG, to have an investigation started. Or internally, within government, there can be a request for an investigation.

The member is correct. There is no intention within the bill to change that investigation process. However, there are changes to some provisions, as a result of this bill, that correct what is described to me by staff as inconsistent language, where in some places, there’s discussion in the law about designating a profession. In other sections that are referring the same process, it’s described as designating a regulatory body.

Those provisions will be corrected to be consistent in their language by this bill. But that shouldn’t change the intent or the intended process at all in relation to an investigation.

M. de Jong: Again, that’s helpful. So I’ll restate it to ensure that I understand correctly. Those that could initiate an investigation for the purpose of determining whether a profession is going to be captured for regulatory purposes by this legislation would be either the profession itself or the government, presumably — and maybe the Attorney General can answer this — formally, through a decision that is published.

[2:50 p.m.]

I’m not sure if it’s an OIC or a gazetted decision. But there doesn’t seem to be a provision, nor do these amendments create a provision, whereby the office, itself, of professional governance could initiate an investigation. It must come from one of those two other sources.

Hon. D. Eby: The request-from-government process is that a letter is sent to the superintendent of governance by the relevant minister. Then the superintendent, on reviewing that and deciding to proceed with an investigation, will gazette that decision and commence the investigation.

Now, it’s important to understand that what we’re talking about are the designation assessment investigations to decide about a professional designation. There is a third way that a professional designation investigation can start. That is under section 10. The superintendent has broad authorities to initiate a different kind of investigation, which is an investigation into the state of a profession. As part of that investigation into a state of a profession, the superintendent can initiate designation investigation.

So there are three ways: on application, through government or rising out of a section 10 state-of-profession investigation on the superintendent’s own motion. That is all that I would add to the member’s summary, because otherwise he is complete and accurate.

S. Furstenau: Just one question about the amendment of the definition of “firm.” It changes to “a legal entity or a combination of legal entities that is engaged in a regulated practice,” and the change is from “engaged in providing services in respect of a regulated practice.” Could the Attorney just explain what this change in definition is meant to do?

[2:55 p.m.]

Hon. D. Eby: I’m advised that the old definition created some confusion, particularly in relation to professional services that are generated within a firm and consumed within the firm but not offered to the public. An example would be that I run a manufacturing business. I have engineers on my staff that provide advice to me about manufacturing. None of their advice goes out to the general public, but I use their advice internally to refine our manufacturing process.

The question is: well, do these services that are internal to my business, not offered to the public, count as services that are regulated under the PGA? That was the confusion. So this is aimed to clarify that, yes, it was our intent that that kind of service, even if it is inside a firm, is captured under the act. The change in definition is meant to clarify that so that there is no further confusion.

M. de Jong: My next questions, for the information of committee members, relate to clause 5.

Clauses 2 to 4 inclusive approved.

On clause 5.

M. de Jong: Amendments to section 7 of the act are technical and detailed, but I’m going to ask just a couple of questions.

In clause 5, sub (7)(2) of the original act is changed, and sub 7(2)(c)(iii). My question relating to that: does that change follow from the changed definition of “declaration,” or is this simply designed to take account of the fact that there is a different mechanism by which declarations may be submitted to the superintendent? I just wasn’t clear on what gave rise to the need for the change.

Hon. D. Eby: The change here is that, previously, conflict-of-interest declarations needed to be filed and provided to the superintendent of professional governance.

Now, under these amendments, all conflict-of-interest declarations need to be completed for every service that a registrant provides. They must be kept on file within the…. The registrant needs to keep a copy of all of those declarations, either through their employer or personally. Then they must provide copies of those to the superintendent or to a regulatory body or to a government ministry on request.

[3:00 p.m.]

It is a change in process, rather than a default filing with the superintendent. Now the registrant will be keeping copies of all declarations and providing them on request. This is an enabling piece of legislation, so that will be the process that we anticipate the regulations under this section will be setting up.

M. de Jong: Is the intention with that now-amended process that those declarations of conflict of interest would be accessible by members of the public, or is there a specific restricted group of agencies that are intended to have access or which would be provided access?

Hon. D. Eby: The enabling legislation permits a regulation to require the public disclosure of conflict-of-interest declarations. In the first iteration of the regulations we do not anticipate including such a provision. But if necessary, government will not hesitate to do so. I will note that currently under the act there is a public register with an annual declaration of competence to practise in the area, which is required to be public.

M. de Jong: Okay. I’m going to move now into the legislation before us. We’re in clause 5. Sub (b) refers to a proposed amendment repealing paragraph sub (d)(ii) of the existing act.

My question is as follows. My reading of the existing act is that under the general duties and responsibilities of the superintendent, they are entitled to provide advice to both — and I’m going to use these terms — the regulator and the professional association. I’m going to suggest that that is the advocacy group for the profession.

My reading of the amendment is that whilst the terminology is changing slightly, the intention is to maintain the superintendent’s ability to provide advice to both the regulating agency and the professional advocacy, or what will now be known as the professional organization. Do I have that correct, or are there more substantive changes relating to the superintendent’s abilities to provide advice?

Hon. D. Eby: The member has that correct.

M. de Jong: And then I think my final question on clause 5 relates to the third proposed amendment, which in the bill appears as sub 5(c) and proposes an amendment to sub 7(2)(d) and strikes out certain language and inserts a reference to the regulations. Can the Attorney explain what has given rise to the change? In particular, has something arisen that has provoked his staff and his advisers to suggest that there is a need for a specific reference to additional regulatory powers in this section?

[3:05 p.m.]

Hon. D. Eby: There’s not been a concern about a particular incident or context that led to this change. It is intended to reflect the shift from the requirements being in the statute around these declarations being in regulation now.

S. Furstenau: Just to start and give it a little bit of context, could the Attorney General describe what the purpose is of the conflict-of-interest declarations?

Hon. D. Eby: There are two components to ensuring protection of the public around the conduct of registrants and their qualifications.

The first is a public register, where registrants have to declare their competence in different practice areas so that the public knows that the area this person is practising in is one where they actually have the ability to do the job properly and safely.

The second is conflict of interest. The member will be familiar with the South Island Aggregates case, where a conflict of interest was identified in a professional working in relation to that site. That case, and those facts, would have been different under these changes. The professional would have been obliged to prepare a conflict-of-interest report, identifying any potential conflicts of interest. This in itself requires all professionals to reflect on conflicts they may have that might compromise their ability to take on certain files.

A professional who doesn’t prepare one of these, doesn’t fulfil the requirements of the act or is incomplete in a conflict declaration, provides an opportunity for the regulator to engage in discipline and provide that oversight. Where the report is complete and the professional takes on work that they are in conflict with, the form provides evidence to the regulator that the individual was aware of the conflict and took on the work anyway. This is information that was not available in that file to the regulator.

[3:10 p.m.]

The intent behind the conflict-of-interest declaration is accountability for the professional in relation to conflicts professionally, but also to give them a moment to reflect and to think about what their conflicts are on an annual basis to ensure that they are making good decisions when they take on work.

S. Furstenau: I am indeed deeply acquainted with the SIA case, which I think was an example of something that we would consider to be quite far off the charts. However, I think it was a symptom of a system that existed and created the conditions for that to exist.

I guess another question on this, in the general sense around conflict of interest: are there conflicts of interest that could be declared and be considered, rendering the professional unable to do the job that they are considering doing? So are there conflicts of interest that make it that that conflict, even declared, is too significant for the work to continue?

Hon. D. Eby: The idea behind these declarations — having prepared one of these forms and made a list of conflicts when looking at a prospective piece of work where the professional is considering whether they are able to take that work or not because of the conflict of interest — is whether there needs to be, in terms of a firm, mitigation steps taken where a particular, let’s say, engineer that has a conflict does not participate in a particular project, and only engineers that don’t have conflicts work on that particular piece of work.

It could be an aim of mitigating the conflict in that way or in simply causing the professional to turn down that work because of the conflict or to resolve the conflict in order to take the work.

S. Furstenau: The competency registry, as I understand, is publicly available. Are these conflict-of-interest declarations, as a registry, also publicly available?

Hon. D. Eby: The member is correct. The competency registry is publicly available. In the first iteration of the regulations that we anticipate bringing this section into force with, the conflict declarations will not be public. If it turns out that we do need to take the step of requiring the additional administrative requirement of making them public, we will do so.

S. Furstenau: The Attorney General, in his opening comments, indicated protection of public interest and public safety. That’s the underpinning of this. So if the declarations are not public, and then, according to these changes…. I’d like to get a little bit more deep into the changes. Does that undermine the protection of public interest, as was the intention with making these conflict-of-interest declarations included in this in the first place?

[3:15 p.m.]

Hon. D. Eby: The intent of the declarations is to support the regulator in oversight, but the regulatory body is not the only entity with access to these forms. The superintendent of governance will also have access to them, but so will ministries of government.

So statutory decision-makers that are asked to make a decision about a particular land use, let’s say, and are relying on a professional opinion of an engineer or an agrologist or another designated professional, will be able to request and will have access to these conflict-of-interest declarations to inform their decision about the work that’s been presented to them.

In that way, that is something that is new that’s contained in these changes, and in that way, we hope to ensure the protection of the public.

S. Furstenau: Back to the SIA case that the Attorney General raised. The conflict there was a secret profit-sharing deal. Is profit-sharing between a qualified professional and their employer still considered acceptable, or is that considered not acceptable anymore?

Hon. D. Eby: Staff remind me that these regulations are one aspect of regulation of the conduct of professionals. There are also codes of ethics of the various professions that speak to conflicts of interest, as well, that we rely on.

This regulation-making authority creates the ability for government to prescribe certain types of conduct which would require a conflict declaration. In any initial iteration of these regulations, we anticipate that the regulations will outline what I’ve said — that conflict-of-interest declarations should be made, that they need to be kept on file and that they need to be provided on request to ministries, the superintendent or the regulator.

As we move forward, it’s possible that we will go through and enumerate particular types of conflict, but that is not anticipated in the first round of regulations.

S. Furstenau: The amendments, as I understand, allow the superintendent to receive declarations only if required by regulation. Can the Attorney General kind of elaborate on what that means exactly?

I think that there’s a concern here — we heard this in the briefing — that there’s a desire to “reduce red tape.” What’s interesting about the history of this act and how we all got here was that it was the lack of red tape that puts me in this seat right now. I’d love to see that reduction of…. I’d love to not see a reduction of oversight when it comes to these kinds of activities and decisions.

I’ll give an example of a recent conversation that I had, and I think there’s a cultural aspect to this in terms of the culture of expectations or understanding of how this system can work. It was with a realtor, talking about a particular circumstance where there would be an environmental assessment. The realtor says, “Oh yeah, yeah, but we know we can get the assessment we want,” which indicated to me….

Here we are in 2022, and I don’t know if the culture has changed that much, if that’s the understanding of somebody that would be hiring a qualified professional and saying — I don’t think he knew my history — to an MLA: “Yeah, we don’t worry about that, because we can get the environmental assessment that works for us.”

[3:20 p.m.]

Given that this is really rooted in recognizing that there needed to be a cultural shift in the realm of what is informing decision-making when it comes to land use in this province and how that is being informed, can the public be assured and feel trusting that the information that is being used for making decisions — when it comes to land use decisions that can have enormous impacts on communities — is truly trustworthy and beyond reproach?

My concern with changing this, to the superintendent to receive declarations only if required by regulation, is that that’s the stripping away of one of the layers of oversight by government, because things had been moved out of government’s hands and into this other realm of professional reliance. The piece that appears to have been lacking, and building up in that lack over time, was the sense that we can be assured that government is playing its role.

My question for the Attorney General is, in moving this to receive declarations only if required by regulation, what is the justification and the expected outcome for this? And who was consulted in bringing forward this change?

Hon. D. Eby: In 2018, the Ministry of Environment published a white paper, an intentions paper regarding these declarations. The feedback to that in relation to proposed regulatory development for implementation was that the administrative challenges, costs and consequences of requiring regulatory bodies to annually collect, maintain and check all these conflict forms for registered professionals was very significant and that the upside of such a process, compared to what’s proposed in these regulations, was limited.

A pause was taken in the work that led to the development of these provisions, to allow us to implement this conflict-of-interest regime.

[3:25 p.m.]

The superintendent of professional governance, if there’s an issue with the profession, can issue guidance, recommendations and directions to that profession to address any issues that are identified around completion of these forms, audit of these forms, and so on. Beyond that authority of the superintendent — if there’s an issue with the profession identified with these forms and they are refusing to do the work that is necessary so that the public can have confidence in the completeness, accuracy and reliance on these forms, by registered professionals — this regulatory power allows that government can require professions to make them public.

The hope, though, is that this system will be sufficient to achieve two goals: one is protection of the public; the other is efficient and effective regulation.

S. Furstenau: I’m just going to take away, particularly, from the Attorney General’s answer that in terms of stakeholders, it was really the regulatory bodies and the superintendent. I’m just wondering if I’ve missed anybody in who was consulted.

Hon. D. Eby: Staff don’t have the figures in front of them, but they estimate between 60 and 100 responses to the intentions paper were received from members of the public, from regulated professions and from professionals in regulated industries.

S. Furstenau: I understand that that was the response to the 2018 paper, and that’s what’s informing these decisions. Was Mark Haddock, who wrote the report for the Minister of Environment, consulted about any of these amendments?

Hon. D. Eby: No, he was not.

S. Furstenau: I think this can be my last one on clause 5. I’ve got other questions on the conflict-of-interest piece later on, but again, one question is around certified non-registrants. Does this change have any impact on the term or the definition of “certified non-registrant”?

Hon. D. Eby: This is not related to that change.

Clause 5 approved.

On clause 6.

M. de Jong: The existing act contemplates matters of intervention. It contemplates investigations and audits by the superintendent. The amendment included in clause 6 creates an additional means for intervention, in the guise of an inspection. It lays out some of the circumstances and the manner in which an inspection can take place.

I wonder if we can just begin by having the Attorney explain what has taken place since the passage of the original act in 2018 that has prompted the belief in the need for creating this additional power of inspection?

Hon. D. Eby: The mischief that this is aimed at was a gap in the legislation enabling preliminary work to be delegated by the superintendent to staff to make the decision about whether or not an investigation is needed.

[3:30 p.m.]

To date, the office of the superintendent of professional governance has been relying on the Interpretation Act for this authority. Putting it explicitly into the statute is thought to make it clearer — the superintendent’s authority to delegate — in case it were challenged.

[J. Tegart in the chair.]

The idea is that not every immediate indication that an investigation is needed might manifest an investigation after staff have collected a little bit of information. So doing that preliminary work and allowing the superintendent to delegate that work will result in efficiencies in the office and also provide clarity around the authority to delegate that work.

The Chair: Member.

M. de Jong: Thanks, hon. Chair, and welcome to the chair.

All right. So the professionals whose practice will be covered and governed by the application of the act will, of course, have some interest in properly understanding what might trigger this additional means of intervention by the superintendent. What can the Attorney offer by way of additional information?

The initial test seems to be a public interest test, as set out in the proposed sub 9.1(1). The Attorney, it seems to me, has described this as a preliminary step to an investigation. Is that the only circumstance in which he foresees the superintendent making use of this newfound power of inspection? What would trigger it? Is it a complaints-driven process? Can it derive from concerns that the superintendent herself or himself may have?

So some additional information or description from the Attorney about the circumstances in which he believes the public interest would trigger an exercise of the newly created power of inspection.

Hon. D. Eby: There is no limit to the reasons that could cause the superintendent to conduct an inspection. It could be a complaint. It could be something in the media. It could be something from another part of government indicating that there is an issue.

The superintendent and staff are open to receiving information that could lead them to conduct an inspection under this section through any number of mechanisms, in terms of what would trigger that. We do anticipate that this section would only be used to determine whether or not to conduct an investigation.

It’s a big deal to launch an investigation. It needs to be gazetted, and it’s quite resource intensive and quite significant for the professional body involved. So deciding whether or not to conduct one and doing the preliminary work about whether an investigation is necessary is a critical function of staff and the superintendent, and this is intended only as an explicit authority to do that work.

[3:35 p.m.]

M. de Jong: In a circumstance where the superintendent does choose to exercise the authority granted under 9.1 and launches, commences an inspection or, as the Attorney points out, assigns to a staff member the function of, responsibility for conducting an inspection, does it follow that that would produce an inspection report? Is the regulatory body or the agency that has been subject to that inspection entitled to a copy of that report?

Hon. D. Eby: I’m advised that there is policy work yet to do about the process to be followed under this authority to conduct an inspection. But the superintendent is bound by the principles of administrative fairness, even in regards to the inspection that could lead to an investigation. It is possible that one of the outcomes of the inspection could be a letter or report from the superintendent, or it could be guidance or direction from the superintendent to the body. But that policy work has yet to be done.

M. de Jong: Maybe, then, I could ask the Attorney to articulate and anticipate somewhat the work that remains to be done. In a circumstance where this new authority is exercised and an inspection is launched, presumably that is a significant step and would generate within the field governed by the regulatory body some interest and, perhaps, some concern.

My submission would be that, for a whole host of reasons, including preservation of the rules of natural justice, it would be an extraordinary circumstance in which, at the completion of that inspection, the agency or the regulatory body wouldn’t want to know and be able to receive confirmation that either the inspection had uncovered something that was of concern to the superintendent or had failed to uncover matters and would want to be able to tell, for example, their members that this inspection has taken place and these are the results.

All to say that as that policy work continues, it would be helpful, I think, for the agencies that are going to be governed by this act, or are governed by this act now, to at least have an indication from the Attorney General that, in his view, it is consistent with the rules of natural justice. It is, practically, wise for the body that has been inspected, in now a very formal way, to have access to the written results of that process.

Hon. D. Eby: Staff with some experience in this area…. This entire bill comes to the House based on any practice to date and the experience of the staff of the office of the superintendent of professional governance in implementing the act.

[3:40 p.m.]

They advise that sometimes the issue that would cause an inspection to take place is a relatively minor issue. There just needs to be clarification with the professional body about a particular issue, and it can be resolved quite quickly.

Some are really significant and profound, arising from litigation. I would imagine — I think we’ve discussed a couple of times now — the South Island Aggregates issue would be a very significant development that could result in a more far-reaching inspection and then investigation.

The core guiding light, whether it’s minor or a major incident leading to inspection, is administrative and procedural fairness. The member is right that part of that could easily be a report back from the superintendent about the activities that were undertaken, what was discovered and why an investigation is or isn’t needed. But that wouldn’t necessarily be appropriate in all circumstances, given the spectrum of potential issues that come up.

Staff will be doing the policy work around this to develop it, but it is unlikely to include a mandatory report every time an inspection is undertaken. The concern was that there was potentially an area of challenge, a gap in the statute. We were relying on the Interpretation Act. And just to be clear, when staff do that work — delegated by the superintendent — of clarifying an issue, gathering information from the professional body, they have the authority to do that.

M. de Jong: Does the Attorney General anticipate that the creation of this additional authority to inspect will provoke the need for additional staff to be hired?

Hon. D. Eby: Staff advise that this is work that was happening anyway under the Interpretation Act. This is a clarification of the authority for that work, so no additional staff are anticipated to be needed.

M. de Jong: In the provisions themselves, in the proposed sub 9.1(2), there is a description of the powers that the superintendent would assume in conducting the inspection. The one that attracted my attention is sub (2)(c), referencing the requirement — the superintendent’s authority to “require a person to operate a thing, carry out a procedure or demonstrate a skill….”

What’s an example of that? Most of these are things that empower the superintendent to access records and make records and take photographs and inspect. This one actually imposes an obligation on someone to do certain things. What’s an example of where that power might be exercised and required as part of an inspection?

Hon. D. Eby: I’m advised that this section is modelled on the Environmental Assessment Act’s recent amendments — that as part of assessing the competence of a registrant or the registrant’s training or the oversight of a regulatory body, it may be required for a registrant to demonstrate a particular skill, whether in relation to a piece of equipment or to do work that they have claimed competence to be able to do.

S. Furstenau: I’ve appreciated the canvassing of this at some depth from the critic for the official opposition.

[3:45 p.m.]

For clarity, as the act was originally contemplated, was it that there wasn’t an interim step to go to an investigation and now this is being inserted — that that inspection step is part of it, or was it that there was always going to be an inspection, and that’s what’s in the Interpretation Act, and this is just for clarification? I’m wondering if the process is changing because of this.

Hon. D. Eby: I’m advised that the process is not changing as a result of this. This is a codification of what has been the practice that previously found its foundation in the Interpretation Act and now, in this amendment, has greater clarity and a lack of ambiguity or area for challenge about the authority to do such an inspection by expressly setting out what staff have been doing, in the plain language of the statute.

Clause 6 approved.

On clause 7.

M. de Jong: Clause 7 includes the proposed amendment to subsection 10(2) of the act. The amendment to 10(2)(b)(iv) doesn’t concern me because it’s not in force. But when I look at the marginal note — and I’m going to confess to the Attorney and his staff that I’m not entirely sure of the mechanism in terms of statutory construction by which this happens — the marginal note tells us that the superintendent’s ability to conduct investigations in respect of declarations by registrants is removed.

Really, two questions flow from that. I’m not entirely sure how it does that, and maybe with the assistance of his staff, the Attorney can explain that. Then, secondly, perhaps the more important question is the rationale for — insofar as we are talking about the protection of the public interest — removing that authority and that ability.

Hon. D. Eby: There is no intended change to the broad authority of the superintendent to conduct an investigation through the change. There doesn’t need to be a specific naming of that authority because of the breadth of the authority that’s contained in the legislation.

Subsection (iv) related to an offence around declarations, which we’ve discussed, which are not required to be filed under these amendments. So therefore, the offence has been delinked here and removed.

[3:50 p.m.]

M. de Jong: All right. I’ll restate it, just to make sure that I properly understood what the Attorney has said. The specific reference to the superintendent’s ability to conduct investigations in respect of declarations by registrants isn’t required, because that authority, the Attorney has explained to the committee, exists elsewhere in the general power provisions of the superintendent. Have I understood that correctly?

Hon. D. Eby: Yes, that’s correct.

S. Furstenau: I’m going to get it said again for another time, to make sure that I’m totally clear on this. I’ll put it in a different way. The superintendent will indeed still have the authority to make investigations in relation to declarations by registrants. Is that correct?

Hon. D. Eby: Yes, that is correct.

M. de Jong: Here’s a gratuitous comment that the Attorney need not respond to but that I will direct above him, around him, through him to the statutory drafters and those that make marginal notes that are generally pretty helpful. Perhaps including what the Attorney has just said in a marginal note would be helpful and not provoke concern on the part of legislators who are examining the legislation.

The Attorney doesn’t need to respond to that.

Clause 7 approved.

On clause 8.

M. de Jong: That last comment was in no way meant to slight the work of drafters, who possess a unique, extraordinary talent that virtually no one else in the world possesses.

I suppose, not surprisingly, if there’s…. Besides the section that we’ve dealt with around the creation of the inspecting power, any time the Legislature and the executive council speak to fees, it will generate interest on the part of those for whom those fees might be applied. I’m not interested in, for the purpose of this conversation, revisiting past battles in this assembly. There has been some unhappy history recently around conversations as they relate to fees.

The general question that I guess we can begin with around clause 8 is: since the advent of the passage of the original act in 2018, what has given rise to the decision now to include specific provisions around the collection of annual fees from regulatory bodies?

We’ll start there, and the Attorney will probably anticipate the next question thereafter about the quantum of those fees.

[3:55 p.m.]

Hon. D. Eby: There are two values at play here. One is: in having the office of the superintendent of professional governance entirely funded by the registrants, there is a perception of risk of regulatory capture. In other words, the people who are paying the piper get to call the tune. On the other hand, the other value that’s at play here is the public is currently funding an office that provides its services to the benefit of the registrants of regulatory bodies. They provide a value-add, a service that wasn’t there before.

I think, in the best traditions of public policy, this provision aims to split the baby, essentially. The registrants contribute to help support the service from which they benefit by paying fees that support the office of the superintendent of professional governance, but also, the public maintains some funding for that office as well so that we avoid the risk of regulatory capture.

The goal of the authority to collect fees is to provide flexibility for the long-term operations of the office and ensure fairness to taxpayers that they are not carrying the full freight of the work that benefits registrants.

M. de Jong: The Attorney General has helpfully, I think, summarized some of the considerations that go into determining whether a fee is going to be charged or collected and then, thereafter, what the quantum of that fee will be.

The government, in 2018, presumably resolved that conundrum or that debate by deciding not to include a fee provision, a mechanism by which fees could be collected by the superintendent from regulatory bodies. It appears to have changed its mind — “it” being the executive council. The government appears to have changed its mind.

What has prompted that change of view? And not to keep anyone in suspense, whatever the Attorney General can offer…. I’ll ask the question eventually. When we consider the overall budget — and I’m sure he has some general numbers around the overall budget for the office of the superintendent — what’s the order of magnitude? Having created the regulatory power, to what degree…?

I will say this. The point was made to us and perhaps the Leader of the Third Party, during a briefing, that the intention was not to operate on a full fee-recovery basis. But we didn’t get much beyond that in terms of where the executive council believes the appropriate line is. Regulatory bodies, at least, will be interested to know that as they watch the Legislature consider these provisions.

[4:00 p.m.]

Hon. D. Eby: There are two pieces that have changed since the original implementation of this regime. The first is that in the initial iteration of this legislation, three of the regulated bodies had voluntary registration, and there was concern that a fee would dissuade individuals practising in these areas from registering on a voluntary basis. Now, those three professions have reserved practice, so if you want to practise in those areas and use that title, you must be a member. So whether or not there’s a fee will not influence somebody’s decision about membership.

The second concern at the initial stage was that had we implemented a fee at that stage, only the five designated professions that were subject to the act would have such fees imposed by government. Since then, the Health Professions Review has recommended a similar fee structure. The five professions under this act would not be the only professions that are required to contribute to their oversight.

Those were the two major changes. I can advise the member and any interested parties who are watching that we do expect this charge to be a nominal charge. At this point, we anticipate that it would be less than 50 percent of the operating budget of the office obtained through this fee. However, I will note that there remains to be a Treasury Board process, which will involve engagement with the affected bodies to ensure that the fees are reasonable and do not unfairly burden registrants.

M. de Jong: That’s helpful. Less than 50 percent of the cost of the operating of the office. What is that? I should have that number in front of me. I don’t. What is the overall budget for the office, and what is 50 percent of that amount?

Hon. D. Eby: I am advised that the budget is about $1 million currently.

M. de Jong: What I think we have learned from the Attorney thus far is that, subject to the processes that would be undertaken via Treasury Board and other cabinet-level approvals for the setting of fees, his advice to the committee today is following the achievement of this fee-related authority — the fees collected pursuant to this authority. To his mind, the cumulative amount would be less than $500,000. That would be spread out amongst the various regulated professions. Is that a fair comment on my part?

Hon. D. Eby: Yes.

[4:05 p.m.]

M. de Jong: Does the authority provided in clause 8 — it seems to, but I’ll ask the Attorney to confirm this — allow for the setting of different fees and different fee levels for different regulated bodies, and if so, what variables will come into play in determining what those differences might be?

Hon. D. Eby: This will be informed by engagement with the regulatory bodies. It is possible that the structure could be a per-registrant charge in recognition of the significant disparity in sizes between the various regulatory bodies. It’s also possible that it could be a fixed amount for the regulatory bodies where, if the number of registrants increased, fees would go down because the cost to that regulatory body would be shared over a greater number of registrants.

We’ll be engaging with the regulatory bodies and going through internal process around this to ensure a fair structure for registrants.

M. de Jong: Does the Attorney General accept this proposition that I’ll put to him in the committee? That is, given the nature of how a regulatory body exists and derives their means to operate, any fee imposed on the regulatory body pursuant to clause 8 in the new section 22.1 would logically and ultimately be passed along through some manner or through some formula to the individual registrants within that regulatory body. Is that a fair proposition on my part?

Hon. D. Eby: We anticipate that the structure of this will allow autonomy on the part of the regulatory body about how they pass through the charge to members. They may have different structures of membership — part-time members, retired members, and so on — that may lead them to impose different structures. That will be part of our engagement with them, but we don’t anticipate that the fee regulation would prescribe that level of detail.

M. de Jong: I wasn’t trying to pin the Attorney General down or suggest to the Attorney General that the regulation pursuant to this act would prescribe amounts for individual registrants. My request of the Attorney or my question to the Attorney or proposition to the Attorney was merely, as a matter of principle, acceptance of the proposition that, ultimately, moneys received by the Crown from a — I’ve got to use the right term — regulatory body….

Pursuant to these fees, the regulatory body would ultimately, through some mechanism, be recouping those fees or drawing those fees from their members, from their registrants.

Hon. D. Eby: I think, ultimately, as a regulatory body, the main source of revenue is very likely to be — and almost as a matter of common sense — the registrants of that professional oversight body. They may have other sources of income. They may have investment income. They may have other means of offsetting some of these charges. It is an open question about whether the fee amount that is imposed by this regulation would cause these bodies to increase the fees to their members. But I don’t really think that’s the question the member is asking.

[4:10 p.m.]

It’s that functionally, on the ground, the member may not notice the difference between a portion of their fee going to government or staying within their regulatory body, but ultimately, it is that registrant that is paying that amount, either through their existing annual fee or through an additional annual fee imposed by the regulatory body. It really depends on the amount of the fee, the source of income of the regulatory body and the fees already collected by the regulatory body from their membership, what impact that’s going to have on the annual invoice that a registrant receives from that regulatory body.

S. Furstenau: I think I only have one, but again, I appreciate all of the clarifications that have happened here. This section allows the Lieutenant-Governor-in-Council to make the regulations requiring the regulatory bodies to pay the annual fee of a prescribed amount, and we’ve heard a lot about how that will be informed — about half the amount of the cost of the office of the superintendent.

Given that this will happen in council by regulation, can there be an expectation that it will be transparent, ultimately, how the calculation is made and how it’s ascribed to different regulatory bodies?

Hon. D. Eby: We anticipate that, certainly, an OIC by its nature is public and is published, and that the OIC would have the details about those fees in it so that the public would be able to determine the respective charges to each of the regulatory bodies.

M. de Jong: For the information of the committee, my next questions will relate to clause 11.

Clauses 8 to 10 inclusive approved.

On clause 11.

M. de Jong: My guess is, but I’ll pose it as a question, that the amendment contained in what will become 5.1 is intended to address a practical problem that I have some familiarity with, in terms of the timeliness of appointments of lay councillors that I believe are made by order-in-council.

I suppose the question that begs asking, though, is: is the Attorney at all concerned that by including this provision, the pressure will be off individual ministers, the pressure will be off the executive council — the pressure will be off everyone to address something that, I think, historically has, at times, been a bit of a problem. Sometimes, it’s because elections intervene. Other priorities come along. And I’m not suggesting that there is generally any nefarious intention, but these positions can be vacant for some time.

This seems like a convenient way, but I can also foresee a circumstance in which it can become problematic in circumstances where there might be a battle brewing and the alignment of the board…. I should use the right terminology now hereafter. Yes, the board. It may become really important in terms of votes or directions. It strikes me that there is now the possibility that a lay councillor whose term has expired could stay there for much longer than was originally intended.

[4:15 p.m.]

I get the practical problem that probably has given rise to the inclusion of this amendment, but I hope the Attorney will confirm that I’ve interpreted that correctly, and he’s heard my concern about how that solution could give rise to some complications down the road.

Hon. D. Eby: It’s useful to take a step back and reflect on the role of a lay councillor on a regulatory body. These are appointees by government. They are described as lay councillors because they do not have the professional accreditation of the body that they’ve been appointed to oversee.

Their role is to be there to ensure that the regulatory body considers the interest of the public and members of the public who don’t have that professional qualification, to make sure it passes the smell test, essentially, what the regulatory body is doing in terms of public confidence. It’s really important that those lay councillors remain present and that they are present on the board and that they provide their perspectives to the board.

This provision is not something that we just came up with. The repealed Engineers and Geoscientists Act, for example, the old section 9(2) said: “A councillor whose term of office has expired may continue to hold office until a successor is appointed or elected.” This is a refinement of that. It’s the lay councillors who get that extension, but the principle is the same.

The member outlined at least one scenario that could result in a delay of an appointment of a lay councillor, an election is called, for example, or — we saw a very good example in the pandemic — an emergency where government’s attention is drawn to other things, understandably. Yet that professional body also needs to respond urgently. To have that lay councillor on that body at that time is important.

The member raises some important concerns, but it’s certainly the intention of government to continue appointing in a timely way lay councillors to these bodies.

S. Furstenau: There is a description in here that the Lieutenant-Governor-in-Council appoints a new lay coun­cillor after a merit-based process. Can the Attorney General describe, now that this legislation has been in effect for a few years: what does a merit-based process look like?

Hon. D. Eby: The merit-based process for appointment begins with a notice of position that’s issued. Staff work with the CABRO, the government appointment board resourcing office, to develop a notice of position, which is published.

The notice of position includes a list of skills and back­ground or experience that government is seeking for the position. Skills may include things like experience with public administration, law or accounting; lived experience relevant to the work of the governing body; and maybe geographic, that the individual comes from a particular geographic part of the province; or the person brings to the table diversity of their own lived experience and who they are.

[4:20 p.m.]

There are a number of different values and skills that government looks for in these appointments, which could include just lived experience as well as formal education. There is an interview process conducted by staff of the office of the superintendent of professional governance and the CABRO office. Based on that interview process, candidates are recommended to the minister, and then the minister recommends the appointments to cabinet. They are then appointed through order-in-council.

S. Furstenau: Given that a lay councillor would serve a three-year term, when would that merit-based process begin?

Hon. D. Eby: Appointments are for three years, and then the councillor has the option of agreeing to a three-year extension. There are two separate processes. If, coming up to the end of the third year, the person indicates that they don’t wish to be reappointed….

At about six months before the end of the third year, they’re canvassed by the chair or by CABRO or by staff in the office of the superintendent of governance about their desire to be reappointed. If they say no, they don’t wish to be reappointed, that’s when the work begins around the notice of position, interviews, and so on, as I outlined earlier.

If the person indicates that they do wish to be reappointed, the chair conducts a review of the performance of that councillor and reports on that performance to the board resourcing office and to staff at the office of the superintendent of governance. The superintendent, then, based on that evaluation, makes recommendations to government about whether or not the individual should be reappointed.

All that tends to happen in that six-month window before the end of the first three-year term. As the person comes up to the end of their second three-year term, similarly, in the six months prior to the expiration of their term — at the end of the sixth year of their appointment — that process of posting and interviews would begin.

Clauses 11 to 13 inclusive approved.

On clause 14.

M. de Jong: The amendment repeals the provision of section 31 in the act that says: “The registrar must cancel the registration of a registrant if…(b) the registrant has failed to pay a fee for renewal of registration or another fee within the required time.”

[4:25 p.m.]

I guess the question that flows from that is: have I missed something elsewhere in the amendments or the act? What happens if a registrant doesn’t pay a fee? What part of the act triggers what repercussion, if any?

Hon. D. Eby: Yeah, if you read this in isolation, you might think that we’re removing the teeth — the ability of the body to collect fees to ensure their operation. But this is a statutory cleanup process, as the member may have guessed.

The relevant section that this is being moved to is section 23 of the bill text, which is section 50.1 of the act itself. In 50.1, there’s a list of potential authorities of a regulatory body, relating to the potential to cancel or suspend the registration of a registrant in a number of scenarios, listed out (a) through (i). It was the feeling of the drafters and staff that this authority to cancel or suspend registration based on nonpayment of fees fit better in this list than in the existing section.

Clauses 14 and 15 approved.

On clause 16.

M. de Jong: Again, some terminology being cleaned up here in subsection 32(7). What, if any, significance is there in the…? The existing provisions speak of a “chair who is appointed in accordance with the process and selection principles.” This will simply delete the word “process.” Is that just deemed unnecessary in the context of modern drafting?

Hon. D. Eby: There are two layers of hierarchy within the council. There are the councillors themselves, and then the councillors can form subgroupings of committees to deal with different aspects of regulation.

Interjection.

Hon. D. Eby: Oh. I’m going to clarify this before I continue, if the Chair could give me one second.

You can always learn. There are two strata of oversight authorities. One is the councillors themselves. There is a process set out in subsection 25(1) and selection principles related to the appointment of the chair and the councillors that make up this group.

[4:30 p.m.]

It is a very rigid and formal process, as it should be, because the councillors have a great deal of authority and responsibility. The section in question imposes that same process as well as the selection principles on the chairs of committees that deal with discrete areas of regulation — for example, the discipline committee, the credentials committee, and so on.

You may easily make the mistake of thinking these are subcommittees of the larger council. They are not. But they do have very discrete areas of responsibility. This amendment aims to keep the selection principles referred to in subsection 25(1) that inform the selection of councillors for election to the broader council while recognizing that the rigid process is not as applicable in selecting chairs for these committees as it is for the governing council itself.

So it’s meant to provide a more flexible appointment process while maintaining the selection principles referred to in subsection 25(1).

Clause 16 approved.

On clause 17.

M. de Jong: What, if anything, has happened that has prompted the removal of the provisions that allow for the limited use of referenda?

[S. Chandra Herbert in the chair.]

Hon. D. Eby: The concern here is that we’re getting away from this model of regulatory bodies being seen almost as membership organizations, serving the interests of members, and towards a model of regulatory bodies serving the public interest. Part of that overarching philosophy is undermined by the idea that the members of the regulatory body could get together and pass a resolution that would bind the regulatory body in the registrant’s interest, which is the current structure.

If registrants get the right amount of support at a general meeting, they can, currently, bind the regulatory body to resolutions that may be in the registrant’s interest but may not be in the public interest. The purpose of the Professional Governance Act and the general shift here is to focus on the public interest and the protection of the environment, rather than protecting the interests of the registrants alone.

This has been the subject of judicial commentary, discussing concerns that referenda can be made without proper consideration of balancing the issues at hand in terms of the public interest.

This section doesn’t remove the ability of registrants to raise issues — because registrants, on the ground, can bring forward and should bring forward their concerns to the regulatory body — but it does remove the binding nature of these resolutions and makes them only advisory in nature. They will obviously be brought to the attention of the regulatory body through the process itself, and also by extension to the superintendent. So it is still a mechanism by which concerns can be brought forward, but they are no longer binding.

M. de Jong: Wouldn’t subsection (4), though, have addressed the concern that the Attorney has articulated? I understand the proposition that says, as a regulatory body, the idea of membership-driven initiatives and resolutions must proceed with caution. But wouldn’t the existing subsection (4) have provided some assurance that the public interest would have remained paramount?

[4:35 p.m.]

Hon. D. Eby: The member is broadly correct that the act does underline the importance of the public interest. A regulatory body could potentially use subsection (4) to reject a resolution’s binding holding, but there are two considerations.

One is that a proposal could be consistent with the public interest, with the act and the regulations and not constitute a breach of a duty or repeal a bylaw of the regulatory body yet still not be a priority of the regulatory body and divert resources away from work that is more significantly in the public interest or that is set out in their workplan to achieve public interest goals. These referenda are resource intensive for regulatory bodies and divert the attention of the regulatory body from the public interest and the oversight of the membership towards particular concerns of the membership.

Now, that may be an appropriate thing. But to impose a binding resolution on a regulatory body versus an advisory opinion coming from the membership is a different consideration and requires a different response. Our feeling is, in putting this forward, that this balances the ability of registrants to raise issues with the resource-intensive nature and the need of the regulator to stay focused on public interest work.

M. de Jong: I won’t belabour the point. I think eliminating the mechanism by which the membership, or the registrants, going forward, can initiate a measure for consideration by the registrants…. Maintaining that, I think, can be an important outlet, on occasion. It doesn’t happen often. It generally happens in circumstances where the professional body is dealing with an issue on which there are some divisions and some deeply held positions.

I understand the rationale being advanced by the Attorney General. I would suggest that in protecting that important principle of protecting the public interest, the need to eliminate this absolutely, especially given the presence of subsection (4), wouldn’t have been necessary and wouldn’t have been my choice. But I have recorded that for the purpose of this discussion.

S. Furstenau: Further to the comments here, I think when the Attorney General indicated that a resolution such as this would, as I understand, be brought to the attention of the superintendent, the superintendent’s office…. Were that to happen, would there be a mechanism…? Or even if a council were to make a change that was considered not to be in the public interest, does the superintendent have a mechanism for inserting him or herself into that to ensure that decisions, not by referendum anymore but made by council, are indeed in the public interest?

[4:40 p.m.]

Hon. D. Eby: Staff from the office of the superintendent of professional governance monitor general meetings of regulated professions so do track membership feedback as well as, should this bill pass, advisory resolutions.

In terms of the decisions of the regulatory body itself, whether acting on an advisory, resolution or otherwise, if the superintendent of professional governance is of the opinion that the particular decision is not in the public interest or is otherwise a source of concern, the superintendent has the ability on an investigation to issue a number of escalating measures.

The first is an advisory measure, a guideline from the superintendent advising that the regulatory body is off base and needs to re-examine their decision. The next step is directive. This is a binding direction from the superintendent to the governing body that they must do something. The final step, if those first two steps fail, is a fairly significant outcome: the appointment of a public administrator for the regulatory body, who then will take the necessary steps to address the issue.

M. de Jong: There seems to be happy alignment on the opposition benches, because my next question relates to clause 21, and I think that is the Leader of the Third Party’s wish as well.

Clauses 17 to 20 inclusive approved.

On clause 21.

M. de Jong: I just wanted to clarify. Again, as a function of the rewriting and the reconfiguring of certain provisions, the authority here to provide services in a regulated practice through limited liability partnerships and the…. The amendment to subsection 42(2) of the act — is that necessitated by the addition of what will be the new section 83.1? Is that what prompts the amendment to sub 42(2)?

[4:45 p.m.]

Hon. D. Eby: These two provisions are connected, absolutely. They both have distinct functions, but they are both required. They have interoperability. They have distinct functions, but they are both necessary to achieve the intended effect.

M. de Jong: I ask that because my understanding was that under the existing provisions of the statute, registrants could provide services through limited liability partnerships. So the new (b.1) wasn’t required to allow that to happen.

Similarly, the ability to “establish conditions, limitations and requirements for registrants to provide services in respect of a regulated practice” through limited partnerships. That’s also something that the existing act contemplated. So I suppose if that is correct, then what has prompted the…? Is this a case of wanting to provide more explicit authority for those activities? Or is something else driving the creation of the separate (b.1) and (b.2)?

Hon. D. Eby: The Partnership Act does allow a regis­tered professional to practise as part of an LLP, but it does have a requirement. Essentially, the professional governance statute for that profession must allow it. There are professional governance statutes in British Columbia that do allow people to practise as professionals and organizes LLPs; however, the Professional Governance Act does not currently allow that.

This amendment will allow the possibility of a regulated profession under the Professional Governance Act to petition for the authority to be able to operate in this way and for it to be added to the regulation, thereby fulfilling the requirements of the Partnership Act and allowing the professional to practise in this structure.

S. Furstenau: Could the Attorney General…? Can we start out with just a description? We have some people in the gallery, I’m sure, who are watching this with great interest. What would it look like to have a registrant provide services through a limited liability partnership? How could that be described in sort of plain layperson terms?

Hon. D. Eby: I’ll do my best. It is a technical area. Limited liability partnerships are a business structure. They are a particular kind of partnership that — and it’s going to sound a bit circular; it’s right in the name — limit the liability of the partners who are in it. Now I’ve just used the same terms in the name to define it, which is far from straightforward, so I’ll take it a little bit further.

If you are a partner…. If the member and I decided to go into business and we formed a partnership and we wanted to operate as a limited liability partnership, the reason why we might choose that business structure for our business is that if we borrowed money to get started — to rent a place, to put up a sign about our new, exciting professional partnership, and we borrowed a bunch of money from the bank to do that — we could potentially have protection from personal liability for the debts of our business partnership.

Our business partnership takes on the liability of borrowing money from the bank. Something goes wrong, and we end up owing a bunch of money to the bank, but it’s the limited liability partnership that owes the money to the bank, not us as individuals.

[4:50 p.m.]

However, that liability protection from debts or other obligations does not exist where liability arises because, in our professional partnership, I screw up something on a job, and we get sued. I’m not protected from that liability that is a result of negligence or wrongdoing in, you know, constructing a retaining wall in somebody’s backyard.

There are benefits that flow from a limited liability partnership that protect the partners from certain obligations, but it does not protect the partners from liability around negligence or wrongdoing.

S. Furstenau: As tempting as it would be to go into a partnership with the Attorney General, once burned, twice shy. Too soon.

I want to explore this a little bit more, because I really want to understand this. Say the Attorney General was the operator of a mine and I was an engineer tasked with oversight, design, insurance or compliance of that mine. Is that the kind of limited liability partnership that could exist in terms of a registrant providing services through this mechanism?

Hon. D. Eby: We’re struggling here to provide a real-life example. They don’t exist, because this hasn’t been something that’s been permitted. We think, in theory, that the structure the member proposes could exist. A professional could operate as a partner in a firm that had a mining project through a limited liability partnership but, in doing so, would not be excused from….

We talked about this in an earlier provision. Simply because those services are provided within a firm does not mean that that engineer, in this case, is excused from the requirements set by the Professional Governance Act, the Professional Governance Act regulations or the bylaws of the regulatory body, including the code of ethics.

That was something that we clarified in an earlier provision, because that was an active question. If I’m a member of a company, a different corporate structure similar to a limited liability partnership, and I’m providing services inside that mining company, am I still bound by the provisions of the act? The answer is yes, and we’ve made that explicitly clear. Those same provisions apply for LLPs as well.

S. Furstenau: I guess the struggle I have with this is that there’s another interest. This comes back to the conflict-of-interest issue that we were exploring earlier, which is that in that limited liability partnership, there is a shared interest. That shared interest is, of course, the success of the business. As the Attorney General points out, there are all of these other pieces in place. But when it comes to more public trust, the other pieces really are there to…. One would expect and hope that what they achieve is protecting public interest.

[4:55 p.m.]

The public trust piece — does that not erode it when there could be this perceived conflict of interest built right into a structure like this in which the person designated with the professional oversight themselves has an interest in the success of the business?

Hon. D. Eby: Just broadly, this question of conflict of interest for professionals, whether it’s inside a limited liability partnership, or a company, or they’re an external professional providing advisory services to somebody else…. There’s a conflict. It’s a challenge, whether you’re a lawyer or an engineer or others. You want to keep your client happy. You want to provide the services and do your best to get them to the place that they want to get to.

But sometimes as a professional, you have to give bad news. It doesn’t matter if you’re in a limited liability partnership, an employee in a company, an external advisory firm that’s contracted — and you hope to get future business from that same company that contracted you to build the retaining wall — that conflict, that tension, is there.

We do place trust in regulated professionals to recognize that tension and fearlessly provide advice about, “Yeah, you’re going to have to put extra concrete into that retaining wall; it’s going to cost you more money; it’s not the answer you wanted, but that’s what the engineering requires,” even at the risk of not being retained next time to be the consulting engineer.

This isn’t something that’s unique to LLPs or any particular corporate structure. That tension is there for regulated professionals generally. In terms of actual LLP structures…. This is an enabling provision. There are a number of pieces of work that have to happen for this to be adopted. First, the regulatory body needs to enable this authority through their bylaws. In doing so, they can set limits on what it means to be a member of a limited liability partnership.

The regulatory bodies can set limits about that kind of work, and those bylaws and the limits, or lack thereof, need to be improved by the superintendent, who is reviewing in the public interest. It’s important to underline that the liability shield of an LLP does not apply in the case of negligence, and does not reduce the accountability of a professional to practise in accordance with expectations.

S. Furstenau: The original Professional Governance Act did not allow for this. What has changed to want to put these amendments in to allow for this?

Hon. D. Eby: This amendment had its origins in a request from the Architectural Institute of British Columbia, which is in the process of coming under the Professional Governance Act. They would like to permit their registrants to provide services through an LLP, and they completed a risk analysis that indicated there was little risk to the public in doing so.

On staff’s analysis, they were similarly unable to identify a policy rationale why an LLP structure could not be extended to other professions in a similar manner under the Professional Governance Act, given the safeguards that I’ve outlined.

S. Furstenau: The comparison, for example, as the Attorney General laid out, of somebody working within a firm or working for a company….

[5:00 p.m.]

I would suggest the difference in that is the expectation that that person would have a clear contract about the expectations of what’s to be delivered, or he’s on a salaried position, which is different than what one would expect, I think, in a limited liability partnership, where you’re in a business arrangement with somebody. You still both, or whoever is in this, are invested in that business succeeding.

So one of the concerns that I have is around the duty to report unethical or negligent behaviour if you’re reporting on your partner and that conflict that exists. If you’re in a firm or you’re working for a company — you’re in a bigger organization — there’s an expectation of your role in that. Hopefully, ultimately, you reporting negligence or anything that’s endangering public interest would be an expected part of your role.

A partnership brings in something very different. One of the reasons that I’m so uncomfortable with this arrangement is that, again, this is exactly what got me here. The partnership was secret, but it was there. That partnership meant that the information that was being provided to the public and to the government was unreliable.

In fact, it was dangerous. It not only really eroded public trust in government decision-making; it eroded public trust in the community widely and in the ability for there to be a clear sense and expectation that the people who are tasked with protecting the public interest are first and foremost putting that public interest first.

I’m concerned that after all of the lessons learned and the report that was provided to government by Mark Haddock…. That really laid out so clearly, over and over again, the issue of conflict of interest. The Professional Governance Act was one of the, I think, 114 recommendations. This decision to put limited liability partnerships back on the table, so to speak, really moves us away from that original premise that this legislation was brought in. It puts it back.

Again, it really is that confluence between public interest and public trust. Trust is something that’s a little harder to kind of say: “Oh well. Just trust us, because there are all of these mechanisms in place.” But I think that a typical member of the public would say: “Well, here’s this partnership, and they’re both invested in the success of this business, yet I’m supposed to trust that one part of this partnership really is taking care of my interests.”

I’ll just, for the record, note that I’m not comfortable with this amendment to the act and what feels to me like a step back from what was the fundamental underlying intention, which was to restore that public trust.

[5:05 p.m.]

Hon. D. Eby: A couple of pieces in response. The member rightly raises a particularly outrageous set of facts. Because that file…. I think the Mount Polley disaster, the tailings pond collapse, did lead to significant erosion of public trust and increased emphasis of the importance of this governance oversight work. So it’s important to respond to the member’s concerns.

I’ll do my best to reassure the member that these safeguards are still in place. Section 58 of the act places a positive duty to report on all partners or other registrants if they are aware of conduct by a registrant that is negligent, that puts the public at risk and puts the environment at risk. That is a new obligation and a positive obligation that could result in somebody, potentially, losing their license to practice and other consequences if they fail to report, even up to and including their own partners in a firm.

Now, the second piece is that this amendment relates expressly to allowing a certain type of partnership called the limited liability partnership. Other forms of organization of professionals or mixed groups of regulated professionals and others are already permitted: a simple partnership, a company, a sole proprietorship that works with others through contracts.

All of these different forms of arranging the way you do business are already allowed, and there is nothing special about a limited liability partnership that’s different from a partnership itself or participating in a company with other individuals. Those structures don’t raise very similar concerns as the member raised. This amendment allows one additional form of organizing, which is limited liability partnership, the benefit of which is limited liability related to the debts of the partnership. But it does not protect from liability caused by negligence or wrongdoing.

I will say that maybe this isn’t reassuring, but the concerns that the member has about this particular business structure apply equally to several other permitted structures that were already allowed under the Professional Governance Act. There’s nothing distinct about this particular form that is being permitted by this amendment, and all of those forms of organization are governed by the duty to report that is binding on registrants to maintain the public interest.

Clause 21 approved.

On clause 22.

M. de Jong: Two aspects to this. I’m assuming that the decision to amend the existing section 50 of the act by removing sub 50(2)…. Part of the rationale is similar to what we had with respect to clause 14, the preference to include the remedial provisions in the newly created 50.1.

This question sort of relates to clause 22 and clause 23. So that is done, but I noticed that there is a slight — maybe not so slight — substantive change insofar as the existing sub 50(2). If a registrant fails to pay a fee, the registrant ceases to be a member. It’s sort of categorical. There is no discretionary authority on the part of the regulatory body.

[5:10 p.m.]

In the newly created 50.1, as I read it, the regulatory body is granted discretionary authority to make bylaws that relate to a circumstance of non-payment of fees or non-timely payment of fees. One, have I got all of those propositions correct? Then two, is there a rationale for the shift from a mandatory suspension to one that provides for discretionary authority to be exercised by the bylaws?

Hon. D. Eby: The member is correct in his assessment. What we’ll get to in section 23, the distinction between what exists and what is proposed to replace it is…. The member is right. There is the ability to create the bylaw that allows the suspension or cancellation of registration if you don’t pay the fees in subsection (1).

The addition and the significant piece is subsection (2) of the new section 50.1, which requires that these bylaws set out “the procedures for the suspension or cancellation of a registration.” One can anticipate that the procedures would be notice, giving that person an opportunity to pay the fees and come up to snuff, essentially, and maintain their membership as a sort of procedural fairness requirement. So the procedures for suspension or cancellation need to be set out.

Also sub-subsection (2)(b), that there be “requirements and procedures for the reinstatement of a registrant whose registration has been cancelled or suspended….” The idea here is, unlike the previous section, that principles of procedural fairness are and will be incorporated in these bylaws so that someone has a chance to pay the fee that’s outstanding before their membership is cancelled, and if it is cancelled or suspended, that they understand how they can get it back.

M. de Jong: The Attorney has pointed to subsection (2) of what will be the new section 50.1, which exists in clause 23 of this bill. In addition to being cognizant of what he said, it occurred to me that there would be a necessity for those bylaws referred to in subsection (2)….

Those bylaws would need to be in place at the time the amendment to this act takes place, insofar as there may well be circumstances where there are ongoing proceedings or registrants in the middle of certain disciplinary proceedings. So is there an importance attached to the fact that these bylaws will be in place at the time this actually comes into effect, or are there other transitional measures that make that less imperative than I am suggesting it is?

Hon. D. Eby: The member raises an important point. These provisions are meant to come into force on royal assent, and it’s reasonable to anticipate that the professional bodies will need some time to develop their bylaws to respond.

[5:15 p.m.]

However, I can assure the member that to the extent that we’re aware, the professional bodies in question have disciplinary processes in place that are unaffected by these amendments that allow them to…. In the event that a member doesn’t pay fees or engages in other problematic conduct, that is also an avenue by which they can discipline a member up to and including the removal of that member’s…. Pardon me. I keep saying the word “member.” The body can remove that registrant’s registration or cancel that individual’s registration.

There are parallel processes that could also be used. Also, they will be working, on this receiving royal assent, to develop their bylaws.

Clauses 22 and 23 approved.

On clause 24.

M. de Jong: I think it’s fair to say that through this amendment introducing a new element into the suite of regulatory considerations, and that is the notion of…. The various terms here…. I’m just going to cross-reference with section 54 of the act. So we have a prohibition that is contained in section 54 regarding reserved practice, and 55.1 creates an exemption to the provisions of section 54 for people exercising their rights as an Indigenous person.

I thought it important simply to ask the Attorney General — insofar as this is a new exemption and a new concept being introduced statutorily, pursuant to the DRIPA provisions — if he might take advantage of the opportunity to highlight an example with respect to, for example, the Association of B.C. Forest Professionals. That was one that came to mind as perhaps being particularly applicable, where he might see the concept of traditional knowledge, as it is captured within the provisions of 55.1, operate to create that exemption to the general prohibition contained in section 54.

Hon. D. Eby: The idea in this section is that obviously, Indigenous peoples have millennia of experience managing land, waterways and have traditional knowledge about these practices that we want to ensure they’re free to express and share and teach and use without interference by regulatory bodies.

[5:20 p.m.]

This section carves out and says: “Look, you have designated professions in these areas of forestry, agrology, and so on, applied biology, but that doesn’t mean that you then get to go and say to somebody who is advising on, practising or teaching in relation to traditional knowledge of crop management or land management….” An example in forestry the member asked about might be wildfire prevention or management. These are reserved areas from the reserve practice. This is not something that we want the professional oversight bodies to be attempting to regulate.

M. de Jong: Okay. That’s helpful to a degree, but I am trying to get maybe a slightly better sense of the circumstances.

We have a regulatory body who are charged with regulating the professional activities of their registrants, and section 54 sets out the restrictions on who may provide a service that is captured by that regulatory body. Now, under the new section 55.1, the act will say, yes, those restrictions exist, but there is an exception — that is, someone with traditional knowledge, Indigenous peoples within the meaning of DRIPA and someone exercising their rights as Indigenous people in the following way or in the following categories.

The reason I picked forestry is there are a lot of First Nations involved in forestry activity. Is it then possible…? Do we foresee a situation in which, for a person who may or may not be a professional forester under the Association of B.C. Forest Professionals, some of what they do would fall under the regulation of the regulatory body and other aspects of what they do in terms of their involvement in that forestry operation would be exempt from coverage?

Is that a fanciful description, or is that, perhaps, a very possible and probable and realistic description of the delineation of activities that will exist going forward?

Hon. D. Eby: There are provisions in our law that set out a professional reliance regime. Essentially, someone who wishes to engage in a particular activity, if they get an opinion from a registered professional that qualifies under the legislation, that satisfies the requirement of the legislation for them to be able to carry out that activity. For those situations, only a registered professional may provide that advice or services to qualify under that system.

[5:25 p.m.]

However, those professionals increasingly are recognizing the value and help that is provided in ensuring that their opinions are complete and accurate by incorporating traditional Indigenous knowledge about the particular land or the behaviour of the species or whatever it is that they’re advising on. They may incorporate that knowledge delivered to them by somebody with that knowledge, as part of their professional opinion.

Now, that person who has that traditional knowledge about whatever the issue may be — it might be crop management or habitat management or species management or species behaviour — in providing that assistance or in otherwise providing their opinion, is not regulated by this act.

I hope that clarifies these two streams. For professional reliance regimes, you still need a qualified professional, a specific professional, under this act or otherwise. However, there is a large number of people with expertise in Indigenous communities, around land management and species management, and so on, that this act does not regulate. One can anticipate an Indigenous-managed forest process where the Indigenous community relies on their traditional knowledge of forest management in maintaining that forest in that forestry operation, and that would not be governed by the act.

S. Furstenau: Just a question for the minister on this clause but on the act, the amendments generally — the extent and nature of the consultation with Indigenous peoples and First Nations.

Hon. D. Eby: The office of the superintendent of professional governance engaged with the First Nations Leadership Council and the alliance of B.C. treaty First Nations on this provision, and no issues were raised.

Clauses 24 and 25 approved.

On clause 26.

M. de Jong: This repeals sub 57(4) and the provision around the making of bylaws. I think my short question is: again, is this an outright removal of the regulatory body oversight over certified non-registrants, or have we shifted this somewhere? I confess I didn’t properly cross-reference in my notes which of those was happening in the case of clause 26 and the repeal of sub 57(4).

Hon. D. Eby: This legislation was modelled on the Health Professions Act, which does, in fact, have certified non-registrants in operation. It has become apparent to the superintendent of professional governance as well as staff that there are, in fact, no certified non-registrants in any of the professionally regulated organizations, professionally regulated groups. It’s never been used, and it is confusing to people. As a result, while classes and categories are used by regulatory bodies, this is not. Removing it should have no effect, other than simplifying the statute.

[5:30 p.m.]

Clause 26 approved.

On clause 27.

M. de Jong: I think my friend the Leader of the Third Party may have a question on this section as well.

These are amendments to section 58, the duty to report. This is, I think, an important provision as it relates to the regulatory duties and obligations of members in a particular profession. The particular amendment adds (5.1) and creates a regulatory power whereby the Lieutenant-Governor-in-Council may exempt a class of persons from the requirements of the section.

I was struggling to think of circumstances in which that might be appropriate or applicable and resolved to ask the Attorney in these proceedings whether he could enlighten…. Clearly, the fact that it’s here and it’s being added is the product of, somewhere along the line, someone coming upon a circumstance where they said: “Hmm. We may need to have a regulatory power to exempt a class of persons from the duty to report.”

Where would that…? Why would that arise? In what circumstances? And is there a particular example that has given rise to the decision to include this provision?

Hon. D. Eby: The idea behind this is that there are a number of different professions that could potentially be brought under the oversight of the superintendent of professional governance and, by extension, this act.

Some professions, for example the five currently regulated professions, have the potential in their work — if there is negligence or malfeasance or misfeasance — to cause significant harm. There is a risk of significant harm by the nature of the work. It is possible and, in fact, likely, that as this work expands to incorporate additional professions, there may be professions where significant harm is not something that is likely, given the nature of the work that is done.

An example that is provided to me by staff is currently there is an investigation about a professional designation in relation to home inspection. Now, you can imagine that a home inspection done poorly has some harms that are occasion to the homeowner that purchases the home — it turns out to have some kind of a defect in it that was not identified by the home inspector. That’s really not what we intended by significant harm to the environment or to the health or safety of the public or a group of people.

So part of this bill is creating the provisions that allow appropriate regulation for the scope of conduct that’s anticipated to be engaged in by the relevant profession — in this case, potentially, home inspectors — but no decisions have been made about that. I provide it by way of example only.

[5:35 p.m.]

In terms of the existing five professions, there is no intention to provide any exemption in relation to those professions using this provision.

M. de Jong: I invited the Attorney to provide an example, and I don’t want to jump on him for the example. But we’ll use it because at least it’s an example.

I followed with the Attorney right through his recitation of that example until he got to the part about: “That’s not what we intended by a risk of harm to the environment or safety of the public.” That is enlightening, because I think the average person would say: “Boy, if another home inspector….”

Given the nature of the work that someone in that vocation does and the reliance that a purchaser would make not just for value of home but for safety of the product they’re buying, if another home inspector became aware that a colleague was providing unprofessional or following unprofessional practices in the discharge of their responsibilities, I think the average person might hope that an obligation to report would exist for that person as well.

I don’t say that to be critical of the example offered by the Attorney. It’s possible that there is a regulated profession for whom improper conduct or a failure to abide by professional standards might not result in harm to the environment or a safety concern to the public, but I couldn’t think of one. And I’m not sure I would categorize home inspectors in the way that we have bandied about here a few moments ago. However, I asked the Attorney for the rationale, and he has offered it.

I’m going to suggest to the committee that that discretionary authority on the part of the Lieutenant-Governor-in-Council would be exercised pretty sparingly and pretty cautiously in terms of the test that has been set out around risk to the health and safety of the public and risk to the environment. I’m not sure that comment requires a response from the Attorney, and I think my colleague had a question.

S. Furstenau: I’m going to follow up on what the critic from the official opposition is speaking about. I think the home inspector example is really interesting, particularly because, for example, given values of houses and property right now, there is at least a risk — a pretty significant personal risk — for people relying on home inspectors if they’re making what is quite likely, very probably, the largest investment they’re going to make in their lives.

I think the overarching issue for me on this clause is that if there is a need for registration and regulation, that to me is indicative that there is enough concern for harm to the environment or risk to public safety that one would expect any profession under this act would not suffer from having that expectation of a duty to report. Again, we come back to the thing I talk about a lot, which is public trust, but it’s really hard to understand the rationale for some plausible future time when this clause would be useful or of value.

[5:40 p.m.]

The Attorney General indicates that the five currently regulated bodies wouldn’t be subject to that. I guess I’ll start with this question. What would prevent, in the future, a Lieutenant-Governor-in-Council — five years from now, ten years from now, 20 years from now — from saying: “Well, actually, now we’re going to exempt this body from this duty to report”?

Hon. D. Eby: Perhaps my answer was incomplete in a way that may have led the members to understand a state of play that is not current in fact. There is a mandatory code of ethics requirement in all of the regulated professions, and home inspectors would be no exception if, eventually, the investigation comes to the conclusion that they should be a designated profession that requires a professional to report negligence or bad conduct of another registrant to the regulatory body.

The concern that there wouldn’t be an obligation is not one that is grounded in the regime, because the ethics code of every professional body includes these obligations that come under the act. It’s important to distinguish between that obligation to report — that this home inspector is doing a really poor job, is taking people’s money and not doing what this home inspector was supposed to do — and section 58, the duty to report.

Section 58, “Duty to report,” is really a big hammer. It creates an offence, a provincial offence. If you don’t report somebody that’s engaged in a regulated practice that presents significant harm to the environment, or significant harm to the health or safety of the public or a group of people, that means that you don’t just face the regulatory sanction, as you do under the code of ethics for failing to report, but you face provincial offence prosecution for failing to do so.

It’s a very significant consequence. As a result, it should be used for professions where there are these significant risks to the public or to the environment. Home inspectors perform an important duty, but it doesn’t rise to that level. If a home inspector does a negligent home inspection, there’s still that duty to report, but we want to really preserve that understanding of the seriousness of this duty to report for serious consequences for the public.

The member asked the question: what would stop a future government from exempting some of these professions that do work that could result in these consequences? The first thing that would stop them is that the whole structure of the act and the intention behind it is oversight and protection of the public from these kinds of significant harms.

There would be a political consequence of exempting these professions. In practice, changing regulations — or changing the law, in fact…. A majority government can do those things, and they could potentially remove the entire duty to report, let alone change it through regulation. That is always a risk with both statute and regulation, but I can advise the member that the intent here is to emphasize the seriousness of this offence that’s created.

[5:45 p.m.]

S. Furstenau: I guess I still wonder about the rationale for the necessity of this clause or this section to allow the Lieutenant Governor to make these regulations. Would it not be, for example, a better approach — if there were indeed a situation as he describes with home inspectors — to do it through legislation? Then that is clearly laid out in the legislation, as opposed to giving this capacity to make regulations exempting a class.

Because it’s not specific, we’re contemplating — according to what the Attorney General says — possibly looking at home inspectors being that class, but that’s a lot to kind of provide in a clause that then goes forward, and there’s no more ability for the Legislature to contemplate specifically what class and why.

Hon. D. Eby: The route the member suggests is certainly one that is open to government — to bring a statute back each time to the legislation, rather than proceeding by regulation. It’s a discussion we’ve had before on other statutes. There is a significant regulatory component to the provisions in this bill. This is not the only one. The reason for that is this is a governing statute that is meant to regulate a wide variety of professions in the province from home inspectors to engineers, agrologists and forest professionals.

It is the superintendent’s emphasis to regulatory bodies to focus their attention where the highest level of risk is. Government is holding itself to the same standard to focus our attention and statutory authorities, including the creation of offences to those professions where the highest level of risk is to the public, to the environment or otherwise.

Given the amount of work coming for other professions that are seeking this kind of designation oversight and, by extension, public trust, this regulatory approach — not just to this section but to many sections in the act — enables government to right-size and ensure a right-touch regulation for different professions in the province. That’s why it’s a policy reason for government choosing this approach. In saying that, I understand a difference of perspective, perhaps, with the member about government’s use of these regulatory authorities.

S. Furstenau: The critic and I have both contemplated what kind of potential harm could come from not having the duty to report apply to home inspectors or, indeed, perhaps to other classes of persons. I’m curious as to what harm there could be to not having this clause, to not providing this ability to exempt a certain class. Maybe the contemplation of harm when it comes to home inspections is not commensurate with the contemplation of the potential harm in the field of engineering, for example.

[5:50 p.m.]

I think it’s possible to consider harm that could come from the conditions that we have in the housing market, for example, where it would be beneficial to have really top-notch home inspections not identifying things like, say, toxic mould or things that could be of great cost, say, in a complex of buildings or in an apartment building or in a condominium, and that that harm could actually affect quite a few people. Look back at the leaky condos as an example.

I guess my question is: what’s the harm of not putting this clause in and really leaving in place that expectation of a duty to report amongst any of the regulated bodies that come under the provisions of this act?

Hon. D. Eby: It’s a good question. The duty-to-report obligation that’s created here for significant harm to the environment or health or safety of the public or group of people, this big hammer of the offence that’s created, as I described it, doesn’t exist in a vacuum when it comes to the regulatory bodies. When they are subject to this, it puts certain obligations on them.

The obligations include training and ensuring the understanding of their membership that they could be prosecuted for failing to report under the Offence Act; what the meaning of significant harm to the environment or health or safety of the public is, within the context of their profession; how to identify it so that if they are in the position and they see this kind of problem, they know what their obligations are.

Obviously, because it’s so significant, with consequences that flow beyond just relating to your ability to practise this specified profession, it’s the source of considerable anxiety and concern and interest. People want to know about what their liability is here and how to protect themselves from being prosecuted in this way.

Where there is a profession where it…. We really have to spend a lot of time trying to figure out how a scenario could arise in a home inspection, where someone is buying a home that could present significant harm to the environment or to the health or safety of the public or a group of people. It’s likely that compelling a regulator to create a structure for training and awareness among the profession and a process for documentation and all these things for something that is profoundly unlikely to arise takes their attention and effort away from areas where risk is very present.

I do want to again — just in case people are reading these answers in isolation — underline that this does not take away from the obligation of a regulated professional to advise the regulatory body if somebody is a negligent home inspector. This is really about this very specific provincial obligation that overrides confidentiality agreements, that overrides different kinds of professional obligations that a person might have and creates that offence.

[5:55 p.m.]

I was going to say that’s the short answer, but it definitely wasn’t short. The short answer is: in a profession where this is profoundly unlikely to arise, the regulator’s attention is better spent focusing on where the risk is, and that is why this section is there.

S. Furstenau: I may give the impression to the Attorney General that Shawnigan is a very special place when it comes to circumstances that nobody else contemplates arising. I’ve raised this in estimates with the Minister of Environment.

Some constituents of mine purchased a home a couple of years ago, and there was an inspection. It didn’t really show much. They had the rather devastating experience of their son playing outside, and he had something in his mouth — he was about two years old — and it was a piece of asbestos.

This was the beginning of what remains a nightmare for this family, which is that they have come to understand that the previous owner was basically depositing all manner of waste, industrial waste, hazardous waste, on about a two-, three-acre property in an idyllic little cul-de-sac, fruit trees and gardens. They have now spent enormous amounts of time and energy and money to identify the breadth and, literally, depth, tens of metres of material that has been deposited on this property. It is also uphill from a number of other homes and from the groundwater source for that particular community.

[J. Tegart in the chair.]

This isn’t to say that the home inspector was the negligent party here, but one could contemplate now, theoretically, because I have no idea, a scenario like this where things weren’t brought to the attention of the potential buyers that should have been. This is all to say that I can absolutely imagine circumstances that present enormous risk to the environment and to public health and safety, because I’ve seen one where it’s one person’s residential property that has a potential impact on a whole community. Again, I think that “there are more things on heaven and earth, Horatio” than are contemplated in your philosophies.

I think the inclusion of this clause in an act, amending an act that really is meant to be about public interest, public safety, oversight, the recognition of the importance of regulations and of that really significant understanding of the burden and responsibility that anybody has in these regulated professions to keep that public interest at the forefront of their consciousness and perspective….

I will ask…. I don’t know what the answer would be, but would the minister consider removing this clause at this point from the amendments and coming back with a more specific, if need be, way of achieving this? Although, again, I really don’t think that there is a harm in maintaining that expectation.

[6:00 p.m.]

Hon. D. Eby: Thank you to the member for that — another astonishing example from Shawnigan. I do get an X Files kind of set of stories out of her community sometimes in relation to environmental damage through waste disposal. Quite a horrific story for that family.

A couple of thoughts. First of all, I used home inspectors as an example. It’s possible that wasn’t the best example, given the fact that there is currently an investigation underway. The staff will be reviewing the risks presented by negligent home inspection to the public and the environment, and it could be that they do not recommend the application of this provision to home inspection.

I just wanted to put that on the record. This is an ongoing process. I used it by way of example. None of my comments should be taken as prejudging or predetermining that matter, which is still under consideration.

The second piece is in relation to this story from the member about her constituents. When I think about that scenario, I think of the person who is called in after the asbestos is discovered in the child’s mouth — astonishing — to test the soil, to investigate the site to determine the extent of the waste that’s been placed on the site, the risk to the aquifer, the need for the cleanup, the extent of a cleanup.

That work and the risk of it being done negligently, in a way that poses a risk of significant harm to the environment, to the public or to a group of people that rely on the aquifer…. If they go, “Ah, everything’s fine here; no problem on this site,” because that’s what the homeowner wants them to say so that they can sell the property, that is exactly the duty-to-report kind of harm scenario that we want to create the offence in relation to, because the risk to the public of that job being done poorly is very significant.

I heard the member’s suggestion that we not proceed with this proposed amendment. The goal of this amendment is to ensure right-touch regulation, making sure that those professions that don’t have the potential to present that kind of risk to the environment or to the public can be appropriately regulated and spend their time focusing on the risks that the profession actually does present.

I will decline to withdraw the proposed amendment, but I will note, absolutely, that I share the member’s concern that where a profession does have a risk to the public or of significant harm to the environment, this section should not be applied to them. There is no intention on the part of government to do so.

Clauses 27 and 28 approved.

On clause 29.

M. de Jong: My understanding is that the existing division 2 was not brought into force. It included a combination of statutory provisions and some regulatory, enabling provisions. Those are being replaced now, it would appear, by a comprehensive set of regulatory provisions that shifts the matters being dealt with — the requirements for declarations and the registrants’ making of declarations — entirely to the realm of regulation.

Did something occur? Did the superintendent encounter challenges that gave rise to the decision to shift these provisions entirely to the regulatory realm?

[6:05 p.m.]

Hon. D. Eby: This is related to our discussion earlier about conflict-of-interest declarations. The provisions as originally drafted were subject to a number of discussions in 2018 related to the intentions paper produced by the Ministry of Environment. Submissions were received that outlined the administrative burden of collecting all of the declarations, checking all the declarations for completeness, identifying issues, and so on, versus the benefit that was achieved by those provisions.

What has been put forward here is a regime that achieves government’s goals of documenting conflicts of interest and requiring professionals to consider their conflict-of-interest issues when taking on new work, on an annual basis, so that they can either mitigate or avoid conflicts of interests. It does so in a way that responds to the reasonable concerns of the regulatory bodies about the administrative burdens of the initially proposed system.

This is very much in keeping with the discussion earlier about this. It allows for that achievement of the protection of the public and documentation while relieving some of the cost and unnecessary administrative burden that doesn’t add to that.

M. de Jong: Thanks. Just to be clear, though, the regulatory enabling provisions relate to both conflict-of-interest declarations and competence declarations. Is that correct?

Hon. D. Eby: Yes, the member is correct. For example, in a competence declaration, there could be a requirement that, in a particular scenario, there needs to be a declaration of competence for practice in that area.

For example, tailings ponds. If you want to work as an engineer on tailings ponds, there could be a regulation created that says that if you want to work on tailings ponds, you have to declare that you have competency to practice in that area as part of your annual declaration. So this regulation-making authority applies to the conflict declarations as well as the competence declarations, as the member has suggested. That’s correct.

M. de Jong: I’m not certain if there are any…. There appear to be some additional questions on this section.

S. Furstenau: I understand that the conflict-of-interest declarations have been a bit of a challenge between the regulatory bodies and the superintendent’s office about where they’re going to be parked and who is ultimately responsible. The ability to make the regulations on such a wide range of details about these declarations seems to be a little bit of a concern. Can the Attorney General just explain how these changes are in the public interest?

[6:10 p.m.]

Hon. D. Eby: The public interest implications of these regulation-making powers are as follows. First, the structure of this section and the overall thrust of the amendments, as well as the act itself, is a risk-based approach that is meant to be targeting a regulator’s attention to high-risk areas in order to protect the public and to dissuade regulators from focusing attention on things that are either low risk or do not protect the public but instead are priorities of what used to be called members and are now called registrants.

Within that overarching philosophy, these regulations create the ability to further focus the attention of the regulator on the high-risk areas and to target that response.

It also creates the ability for the superintendent of professional governance to recognize when a profession has a process in place already that achieves the goals of the act in a different way and that compelling a change to conform to the act doesn’t add anything in terms of public safety but does create a great administrative burden and training headache for the regulator and for the regulated, because the public is protected by the existing process, and the act has a slightly different process that achieves the same goal.

Allowing the act to be tailored to each profession, to recognize those safeguards that the profession already has that achieves the goals of the act makes it responsive to that. Avoiding the duplication of those efforts also serves the public interest, in that the government’s regulation is weighted heavily in the areas that are aimed to protect the public and does not aim to change processes that already protect the public and are working effectively for that profession.

S. Furstenau: Around the superintendent’s role when it comes to these declarations of competence or conflicts of interest…. Does the superintendent have a remedial role if these declarations lack credibility, are unethical or if the regulators are not appropriately exercising oversight in these matters?

[6:15 p.m.]

Hon. D. Eby: There are a couple of different approaches and issues that arise from the member’s question. One is if there’s a concern for some reason about these declarations — there’s a complaint or, on an inspection, the superintendent identifies some kind of issue — that could lead the superintendent to initiate an inspection, which would be an audit of the conflict-of-interest forms or a step like that, to determine whether a further investigation is needed, which could be a more comprehensive review of processes within the professional governing body.

If a problem were identified as part of an inspection or an investigation or arising from a complaint, the superintendent has a three-step escalating process.

The first step to respond, in appropriate circumstances, is to issue a guideline to the public body to correct whatever’s been happening. If that is inappropriate or does not result in the response that is desired, the superintendent can issue a directive to the governing body requiring them to take certain steps. If that is ineffective at addressing the issue or seems insufficient in the circumstances, the superintendent can move to appoint a public administrator of the regulatory body.

That is the hierarchy of responses to those issues and how these issues may come to light to the superintendent.

M. de Jong: Madam Chair, my next series of questions relate to clause 35.

Clauses 29 to 34 inclusive approved.

On clause 35.

M. de Jong: Those questions are as follows — I’ll try to, just for the purpose of time, bundle them up: what’s the present limitation period for launching judicial review? Does this 81.1 bring the limitation period for judicial review into alignment with the Health Professions Act?

Hon. D. Eby: The Health Professions Act is currently undergoing a review, and we don’t know quite what the changes will be in relation to judicial review statutes of limitation.

However, I can advise the member that 60 days is consistent with limitation periods in the Administrative Tri­bunals Act. Also, this is consistent with limitations periods that existed under the statutes of these oversight bodies, these regulatory bodies, before they came under the Professional Governance Act. So it’s consistent with what existed before.

[6:20 p.m.]

Prior to this amendment, there was no limitation period for bringing a judicial review, so this establishes one and sets it at 60 days.

Clause 35 approved.

On clause 36.

M. de Jong: I think we’ve covered, in part, the rationale for the specific reference to limited liability partnerships. My sense of why this is here, and the Attorney can confirm this, is one, to make specific reference and to contemplate within the regulated professions the existence of limited liability partnerships; and secondly, and perhaps more importantly, or as importantly, in sub (2), to make clear that a professional’s liability for negligence can’t be sidestepped or escaped simply by operating as a limited liability partnership. The liability tracks the individual whether or not they’re operating in that context.

Hon. D. Eby: That is correct.

S. Furstenau: This very specific question. If a registrant is a member of a limited liability partnership, can they use a corporate tax rate?

Hon. D. Eby: The member has stumped us. I don’t know what the applicable tax rate would be for a limited liability partnership versus a corporation. I would say that we would get that information for the member, but I’m not even sure that I could, because it may depend on the income and the structure of the LLP itself. So I’ll try to get an answer for the member, but I can’t commit, as I usually would, to get that answer for her because it may depend on too many variables.

Clause 36 approved.

On clause 37.

M. de Jong: My next question relates to clause 40, and that seems satisfactory.

Clauses 37 to 39 inclusive approved.

On clause 40.

M. de Jong: If I might just have a moment to review my note here.

Right. This goes to the heart of the designation process and that exercise the Attorney General was referring to much earlier in these proceedings today for designating a profession under this act. The existing subsection (1) of section 87 is repealed, and these provisions are substituted.

I think the general question here is: under these new provisions, can the Attorney General explain more fully that assessment process? To what degree has it changed from the existing provisions of section 87 in terms of the process and the assessment that the superintendent would undertake in determining whether or not to designate a profession?

[6:25 p.m.]

Hon. D. Eby: A helpfully straightforward answer, which is that it has not changed at all except the drafting convention has changed the formatting of the process and the wording used.

M. de Jong: Part of that criteria, of course, is laid out in the sub-provisions, (a) through (f), and it points to, in (a), that phrase in consideration that we discussed earlier in a different context — health or safety of the public and risk to the environment. I should read it correctly: “…risk to the environment and to the health or safety of the public.”

These are subjective measures, or at least they appear to be. Or can the Attorney point to sort of objective standards that the superintendent would measure these things against? Or are they purposely left to the discretion of the superintendent to apply his or her discretion and subjectivity to?

Hon. D. Eby: There is a published policy document on the office of the superintendent of professional governance website relating to application for regulation that sets out the application of this provision by the superintendent and criteria that the superintendent looks for in conducting this assessment. So it does go beyond the language of subsection (a) that the member read.

The reason why it exists and why it’s on the website and why it’s published, despite the fact that it’s in this bill, is because this provision, including (a) through (f), were previously included in section 86(3), but were determined during drafting to be a better fit in this section, so it’s a replication of the existing section. So that policy will remain in effect.

M. de Jong: Sub (f) refers to “any criteria prescribed” under existing 88(c). Have any regs been created to this point pursuant to 88(c)?

Hon. D. Eby: No, not yet.

Clause 40 approved.

On clause 41.

M. de Jong: Just to alert the committee, I believe that the next clause that I may have a question for is clause 49. My friend may have questions before that.

Clauses 41 to 48 inclusive approved.

On clause 49.

[6:30 p.m.]

M. de Jong: Not a complicated question, just a curiosity as it relates to this notion of obstruction, as to whether the superintendent and the office encountered something specific that prompted them to want to amend the language to these provisions.

Hon. D. Eby: The significant change here is to combine the previous sections 104 and 105 into one clear provision that addresses all areas of obstruction and includes the new authority around inspection.

This is some cleanup work that was done by the drafter in relation to including the obstruction of an inspection by the superintendent. It was not the product of, at least as far as we know, concerns related to actual obstruction in relation to an investigation.

Clause 49 approved.

On clause 50.

S. Furstenau: Just for clarification, because it seems that clause 50 removes the obstruction of an inspection or search as a contravention. Is that captured in 49 now? Is that what has happened here?

Hon. D. Eby: That’s exactly right. It hasn’t changed the obligation not to obstruct in relation to an inspection or a search. It has just moved it over to the previous section.

Clause 50 approved.

On clause 51.

M. de Jong: I have no further questions on the bill before us.

Clauses 51 to 67 inclusive approved.

Schedule approved.

Title approved.

Hon. D. Eby: I move the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 6:34 p.m.

The House resumed; Mr. Speaker in the chair.

[6:35 p.m.]

Report and
Third Reading of Bills

BILL 21 — PROFESSIONAL GOVERNANCE
AMENDMENT ACT, 2022

Bill 21, Professional Governance Amendment Act, 2022, reported complete without amendment, read a third time and passed.

Hon. D. Eby: And there were celebrations in the street.

I call Committee of the Whole, Bill 10, the Labour Relations Code Amendment Act.

Committee of the Whole House

BILL 10 — LABOUR RELATIONS CODE
AMENDMENT ACT, 2022

(continued)

The House in Committee of the Whole (Section B) on Bill 10; J. Tegart in the chair.

The committee met at 6.36 p.m.

The Chair: We’ll declare a three-minute recess to have the new people come into the House.

The committee recessed from 6:36 p.m. to 6:41 p.m.

[J. Tegart in the chair.]

On clause 5 (continued).

G. Kyllo: At the end of the day yesterday, I’d asked a few questions with respect to the notification that is required of the labour board to a company. I’m wondering if the minister could share with this House what that process looks like, and if the labour board is actually required to contact an officer of the company, and what that form of notification to the company that a certification vote is about to take place — what that looks like.

Hon. H. Bains: We answered that question last night.

G. Kyllo: Well, what the minister had shared was that the notification could be either by facsimile or by email. But the specifics of the question are: does the notification have to be provided directly to an officer of the company, or can it be provided simply to any employee within the organization?

Hon. H. Bains: My expectation is that the intention of the board would be to reach out to the appropriate person with authority in the operation. But it’s their internal process, and I haven’t heard any complaints or any questions about that. At the end of the day, the whole purpose is to make sure that the person who is responsible for operating the operation and has powers to make decisions is the person who is contacted. So I’ll leave that up to the board; that’s their decision. It’s nothing to do with Bill 10.

[6:45 p.m.]

G. Kyllo: Well, I beg to differ with the minister. I think it’s incredibly important that if a corporation or a company…. If the first opportunity that they’re being advised that there is a certification vote even being contemplated is when the labour board reaches out to that corporation to provide the notice that either a certification vote or a certification process is underway, and they’re looking for that company to provide a list of employees that could easily be provided by, maybe, a payroll clerk or another individual within the company….

But the importance of that notification process, I believe, certainly should be brought to the attention of a senior manager or an officer of the company.

I’m just wondering if there is any set out either in legislation or regulation that specifies when the labour board gives notification. The minister has indicated that notification process is either by email or facsimile. What is the process of the labour board to actually verify and confirm that that notification was received either by legal counsel for the company or an officer that actually has signing authority on behalf of the company?

Hon. H. Bains: That’s the decision made by the board. Now, you know, the system is in place. It’s not as though we’re creating a new wheel here. The system is in place for years and decades. When the panel went around and asked for opinions and presentations, no one raised this issue. I meet with the employer groups all the time. No one raised that issue with us, or the unions — no one raised this issue.

So the issue isn’t there. If the issue was there, someone would have said something about it. It’s the system that the board developed on their own. They’re independent of me and have nothing to do with the bill.

G. Kyllo: I think has a great deal to do with this particular bill. The minister references the consultation was undertaken. The consultation was at a time when a two-step certification process was in place. The minister is moving away from a two-step process, a process that allows employees or workers in organizations to have that sobering second thought to make their determination of whether they choose to support union certification or not, to make that final choice in secret.

That is being stripped away, so the process by which a company is notified, is made aware, of a union certification application is incredibly important. I could certainly see an occasion where maybe the owners of the company may be out of the country, may not be on site. A labour board contact sends a notification by fax or by email to the company. A payroll clerk, trying to be dutiful and respond to the labour board, would quite, I think, dutifully provide that employment list without necessarily the knowledge of the officers or the ownership of the company.

The change in potential relationship between the employer and employees is changed in a very, very significant way when a certification process is underway or if workers choose to join and be represented by a union. This is an incredibly important potential change for an organization. I’m just trying to clarify and better understand what that notification process looks like and who on behalf of the company is duly able to actually acknowledge and accept that notification that may come forward.

[6:50 p.m.]

Hon. H. Bains: I answered that question.

G. Kyllo: Well, that’s unfortunate. The minister speaks of a very robust system — a robust process, robust policies that are in place that totally govern all aspects of the potential for consideration of union certification within an organization. But something as fundamental as how notification is provided to an organization with respect to something that would have significant impact on the relationship between the employer and employees…. The minister is either unwilling, unable or just simply doesn’t know the answer.

I’ll maybe repoint the question this way. Once a corporation or a company is notified by the labour board that a certification process is underway with respect to their workers, what is the time frame or the requirement for the company to furnish or provide that employment list?

Hon. H. Bains: It’s not for debate here. It’s not part of Bill 10. But for the member’s benefit, under the labour code, the labour board rules, it says that the board can order an employer to provide a list of employees in the proposed bargaining unit to the board within the time specified by the board. So they decide what time is needed for the employer to comply with their request.

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

Motion approved.

The committee rose at 6:54 p.m.

The House resumed; Mr. Speaker in the chair.

Committee of the Whole (Section B), having reported progress, was granted leave to sit again.

Committee of Supply (Section A), having reported progress, was granted leave to sit again.

Hon. H. Bains moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow.

The House adjourned at 6:55 p.m.


PROCEEDINGS IN THE
DOUGLAS FIR ROOM

Committee of Supply

ESTIMATES: MINISTRY OF HEALTH

(continued)

The House in Committee of Supply (Section A); R. Leonard in the chair.

The committee met at 2:44 p.m.

On Vote 32: ministry operations, $25,308,645,000 (continued).

The Chair: Good afternoon, everyone. We’re meeting today to continue consideration of estimates of the Ministry of Health.

Hon. A. Dix: If I may, I just wanted to maybe start off where we ended yesterday, if that’s all right. As members will know, we ended with a vote yesterday.

[2:45 p.m.]

The Leader of the Opposition was in the midst of asking a question about a proposal around primary care networks by the B.C. Psychological Association.

I want to talk a little bit about mental health and primary care, because I think it’s an important part of what we’re doing with respect to primary care networks. As we go through the numbers…. We talked recently in the House and then again yesterday about the 961 people hired through primary care networks. A very significant number of those FTEs, 179, are related to mental health and substance abuse issues.

Those were the priority set by divisions of family practice, who are at the heart of it, and local communities, and were supported by the Ministry of Health. You’ll see that across jurisdictions and PCNs but also in urgent and primary care centres, in community health centres and First Nations primary care centres and the nurse practitioner–led centres. Those roles of clinical counsellors, clinicians, psychologists, social programs and social workers — all of those play a significant role.

Sometimes people ask, when we’re talking about team-based care: how does that help with issues of attachment? Of course it does, very significantly. It allows doctors and nurse practitioners — in this case, a doctor — to focus on their clinical evaluations and find supports. That’s why divisions of family practice have seen those additions as important to primary care networks.

The proposals and the suggestions of the B.C. Psychological Association are consistent in the realm of that. That’s something that we’re looking at together. We’re obviously looking at their proposal, and we’ll have more discussions on their proposal. Whether their proposal is the right format or not is something that would come out of those discussions.

Certainly, the focus on primary care mental health, which has been, I think, one of the many significant changes in the life, especially of primary care practitioners, in the last 25 years…. There was an innovation in the 1990s, that was supported by governments in the early 2000s, to develop something that at the time was based out of UBC, called MHECCU, and then became CARMHA. This was more based out of SFU. This was to provide, essentially, guidelines and support for primary care mental health everywhere in B.C., largely to support primary care doctors in the way that, say, the therapeutics initiative does on issues of prescribing.

That work has been supported over time, I think, by successive governments, because obviously, mental health and addictions, in these times, have become a more and more significant part of what primary care is about. So the proposal is something that we’re looking at, and we’ve met with the association. Representatives from both the Ministry of Health and the Ministry of Mental Health and Addictions have met with the B.C. Psychological Association about it. They’re consistent with the substance of what’s happened with respect to the primary care plan, which is the inclusion of mental health support positions, clinician positions, psychologists, social workers, clinical counsellors in those primary care networks.

As I say, I think the committee just said it’s sharing a sort of broad, more detailed…. I gave the member the numbers of who had been hired. All of those people would be in that category described as Allied health workers, but it would be useful, I’m sure, for the member to have a breakdown of what types of workers are in the categories.

The Chair: Recognizing the Leader of the Official Opposition.

S. Bond: Thank you very much, Madam Chair, and good afternoon.

Thank you to the staff and the minister for the time we’re going to spend together again today.

I appreciate that response. I think the most important thing is that we want to make sure that there is some consideration given to that proposal. It is about caring for the whole person, and we do need to look at how we can most effectively do it. The timeline for the proposal would be to onboard the first third of psychologists in September 2022, moving through to 2023. I’m assuming that the ministry will look at that and consider whether or not that is possible.

I want to go back to…. I’ll let the minister know where I’m thinking of going. It’ll depend on, hopefully, the time. Hopefully, the minister can be succinct in his answers this afternoon. As he knows, I have a lot of questions. He has a lot of information.

Interjection.

S. Bond: Yes, even more would succinct would be fabulous. That would be fantastic. I do appreciate his consideration of the time that I have been allocated.

[2:50 p.m.]

I do want to follow up. Yesterday we spent a fair bit of time talking about UPCCs, and I think the minister can understand the concerns that are being expressed not just by the opposition but by people across the province.

I want to raise an issue in light of the James Bay UPCC situation, which was literally just today — that there is no doctor drop-in care, urgent care, available until further notice. To be honest…. I mean, the minister knows that I’m pretty straightforward about these things. We’re going to continue to, every day, find UPCCs that are long in terms of wait-lists, doctors that are not available. I think it is reasonable to expect to understand what the numbers are in those UPCCs.

I will give the minister this question. His staff may not have the answer immediately, but I would like to know the numbers, and then I will come back to it, potentially, at some point. What I would like the minister to confirm for us is: how many physicians, how many nurse practitioners and registered nurse vacancies are there at UPCCs? How many doctors and nurse practitioners have left UPCCs, and how many have subsequently been replaced over time?

If we’re going to have a conversation about UPCCs — and the minister continues to talk about how they fit in the health care system — British Columbians deserve to know what the numbers are. We know that as we look across the province, we continue to look at story after story that talks about how staffing them is a challenge — not my words. The words of…. Island Health acknowledges a challenge staffing urgent and primary care centres, and it goes on to talk about, in other parts of the province, how practitioners have left, or they can’t recruit them.

Here’s the challenge. If the minister and government are going to continue to say to British Columbians, “UPCCs are an important part of how you can receive urgent care….” Yet they go to the door, and it says on the door — I’m happy to share the copy of the photo with the minister: “No urgent care available until further notice.” The minister can’t continue to say to British Columbians, “Go to your local UPCC if you don’t have a family doctor,” when they go there and there isn’t one there either.

What we’re asking for is the number of vacancies that exist. What is the staffing circumstance? It is not fair to practitioners or to British Columbians to continue to say: “This is your avenue for care, and by the way, when you get there, you’re either going to have to wait for hours or there will be no one there to help you.”

Will the minister commit to providing me with those detailed numbers?

Hon. A. Dix: First of all, as we do during estimates, as we did last year, when the Leader of the Opposition was the seniors critic, and with the member from West Kelowna…. As we did last year, as questions come up…. The member asked for this information yesterday. It’s being prepared, and she’ll have it by the end of today.

[2:55 p.m.]

The detailed information that she sought, I think by UPCC…. What that information will show is the allocated FTEs and the number of hirings in place now. That will give her, I think, the basic information she needs.

In addition, as I gave her yesterday, 308 FTEs were hired in UPCCs. That’s 62 physician FTEs, 126 head count. The member will understand, as we discussed yesterday, that frequently people take a day or a 0.2 or a 0.5 in UPCCs and do other work. There are 39 FTE nurse practitioners in UPCCs; 137 nursing, which are principally registered nurses; 61, allied health; five in pharmacies; and four in administration. That’s what the 308 represent.

As noted yesterday, UPCCs, as of March 3, had done 1.084 million patient visits. That’s a significant contribution to the health care system at a critical time. In that sense, they’ve played an essential role — as have, of course, because they’re part of it, the core initiative, the flagship initiative: the primary care networks, of which UPCCs are a part.

I think particularly in this period, in the last two years when we’ve seen fewer in-person visits, UPCCs have done an excellent job just about everywhere in addressing some episodic issues but also by providing service after hours and on weekends. That’s an important part of what they do, not just for those who don’t have family practice doctors but for those who have them and either needed an in-person visit or, alternatively, needed an in-person visit at a time when they weren’t able to get one from a family practice doctor.

The foundation of the system is going to be primary care networks, and the foundation of those primary care networks is going to be divisions of family practice and other health professionals. That’s going to continue to be the case. UPCCs have played an essential role, particularly in this period of pandemic, and we’re going to continue to work on that.

I think yesterday I promised the member the information, and she’ll have it by the end of today.

S. Bond: Thank you very much to the minister. I want to just re-emphasize that the numbers that I’m looking for are the vacancies. I understand the hirings. I understand the FTE counts. What I am looking for is the number of vacancies in UPCCs across British Columbia. That’s what matters. When you see, in a UPCC in our backyard, that they are unable to provide urgent care…. One would assume, with the name “urgent and primary care,” that one would be able to go there and get that care. They can’t. It is closed. So what I would like the minister to provide are the numbers related to vacancies.

I’m going to move on for now. I’d like to spend a bit of time talking about nursing in British Columbia. As we know, it’s Nursing Week, and I think the minister would agree that not a lot of nurses are feeling celebratory at the moment. One of the issues that certainly has been raised numerous times is the issue of staffing and overtime. I’m going to start with a similar question. In terms of UPCCs, I’d like similar details to be provided around the number of vacancies that there are currently for registered nurses, licensed practical nurses, nurse practitioners and registered practical nurses.

Obviously, the minister doesn’t have to provide it at this second, but it’s important for us, again, to look at what the gaps in the system are, because we can’t fix a problem if we can’t measure it. We need to understand what the vacancies are. I’m not certain whether that data would be disaggregated so that the minister could tell us how many are on leave, specifically. The best way for me to be able to look at that would be by health authority, if that is possible.

The reason that matters to me, and to British Columbians, is because…. I think it was in 2021 that the B.C. Nurses Union reported that there were more than 5,000 vacant positions in British Columbia. Maybe to begin with, the minister could give us a sense of whether that number is still the current number. Is it 5,000 vacancies? Do we know that? Is it higher, lower? Then I would certainly be willing to receive in writing the details related to the specific nursing categories, by health authority.

Hon. A. Dix: I think the information will be available, and I’ll be happy to provide the information to the hon. member.

[3:00 p.m.]

I would say this. Since I became Minister of Health, we’ve led Canada in the rate increase of registered nurses. That is a significant thing, because as you know, when I became Minister of Health, we were near the bottom in that category. And that’s a problem, as nurses play an increasingly important role in our health care system.

We’ve added, in these times — people talk about labour shortages and other things — 30,000 net workers in the health care system. Nurses have led vaccination and contact tracing and are significant leaders in primary care and will play a very significant role in new innovations of government, including complex care. It’s a very significant increase in the number of nurses in that time.

That is meeting a very significant challenge that nurses face across the system, so we have to put that in context. We started, and we now have the fastest-growing registered nurse workforce in the country. A lot of people deserve credit for that, but principally, registered nurses themselves.

That doesn’t mean that there aren’t significant challenges — we can describe them, if the member would like; I can describe them — facing registered nurses in every one of those sectors. What you need to do is work with the registered nurses to address those. For example, under our surgical renewal plan, we’ve added 299 net new surgical nurses. They’ve been essential for us leading Canada now in important categories of orthopedic surgeries. We were, as the member will know, near the bottom in those categories just a few years ago.

It’s absolutely essential, when you’re addressing the nursing question, to support issues of retention — we talked about that yesterday, and I know we’ll talk about it again today — and support issues of training, so you are allowing people to pursue opportunities within nursing, which is absolutely necessary.

It is true that many nurse practitioners have worked elsewhere in the health care system and have trained to become nurse practitioners, getting their master’s degree. You don’t keep people in the system without allowing them the chance, also, to do more and to do more things. The same is true of surgical nursing.

All of those are aspects of this issue. We talked about the four elements of a human resource plan, and they address that. There is no question — and the member will know this — that there are two things facing us right now. The fundamental demand for nursing is high, and we have a lot of people off sick because of COVID-19.

That number just is. It’s not an issue…. In question period, we had this debate: “Is that an excuse?” It’s not an excuse. It just is a fact that people are living with every day.

When 17,800 people are off sick in a system where, with all of the issues they had before, that number would be more typically 8,000 or 9,000 people, that’s a challenge on the ground. You can ask if I get those numbers every day. You bet I do, but on the ground, those numbers are faced by doctors and nurses and health sciences professionals and health care workers.

S. Bond: Certainly, all of us have heard — and I know the minister has, because the BCNU has made it very clear — that 35 percent of nurses say that particularly the last number of years, including throughout the pandemic experience, have made them more likely to leave the nursing profession in the next two years. That is something all of us need to be concerned about. In fact, the number is higher for ICU nurses and emergency trained nurses. Over 50 percent — 51 percent was the number — say the pandemic has made them likely to leave their specialty by 2023.

I know we talked about this yesterday, but I did want to ask the minister if he is considering things like financial, educational and child care incentives for ICU nurses. Other jurisdictions have chosen to do that. The province of Alberta, for example, is looking at whether or not that would help us retain, recruit and make sure we are providing support for ICU nurses.

Looking at that as a potential part of a recruitment and retention strategy, could the minister suggest whether or not those kinds of things are being considered?

Hon. A. Dix: As the member discussed yesterday, there will be a list of notes that the member will have for tomorrow on this. The Leader of the Opposition will have them tomorrow. One of them was just a summary of Northern Health. I’m not sure if we forwarded that to you, but we will — the summary of the initiatives.

Part of those initiatives were exactly that. We wanted to see how that works. One was child care, and the other was housing. You see us, in places such as Fort St. John and other places in the north, pursuing those initiatives. They are, in particular, in those communities where the demand of nursing is so high and the need for retention so important.

[3:05 p.m.]

Those were seen as part of that announcement that we made that the member is aware of and which I discussed at length yesterday. In an effort to be more concise, I won’t give her the full answer again today.

The short answer is yes, and the evidence that we’re doing it is that we have done it in the north.

S. Bond: In the Ministry of Health service plan, when we look at the 2021 forecast for nursing and allied health professionals’ overtime hours, as a percent of productive hours, that number was at 6.4 percent. But in Fraser Health’s March 2022 report card, it was 7.63 percent, year to date. The report card goes on to say: “Currently the ER and critical care areas have formed a working group to look at opportunities to redesign work flows and staffing models. ER continues to have a high number of nursing vacancies.”

The system is under pressure. Nurses are burned out. They are contemplating leaving their profession, and that should be a deep concern for all of us. What strategies is the minister looking at to deal with the issue of overtime?

Nurses feel very pressured to take on extra shifts. In fact, I shared a story from a nurse that said that, for example, that particular nurse had worked literally dozens of shifts in a row to try to make sure that patients were cared for. The issue of overtime continues to be a challenge, and it’s continuing to increase, certainly if we look at the report card from Fraser Health, compared to what the ministry service plan noted.

Could the minister provide me with some specific details about what is being considered to try to manage the pressure that nurses feel related to overtime hours?

Hon. A. Dix: I will just provide some more overtime statistics as well on our list of things, because I know the member’s interested in that, and that’s a key performance measure for us.

It’s a key performance measure in two ways: obviously, it’s a budgetary question, and you want to use your budget most efficiently; and the extent of overtime, which is the primary question for nurses, puts many nurses and their professional responsibility into a difficult position.

[3:10 p.m.]

Occasionally, working overtime is expected, I think, in many occupations, but the systematic use of overtime and the increase in overtime that we’ve seen in this period of the pandemic has been very challenging for nurses, not just in Fraser Health, I would suggest to the Leader of the Opposition, but in all health authorities.

We’re taking a series of steps, many of which we discussed yesterday, so I won’t repeat them except to touch on them in terms of both training more nurses, and we have seen that, and new nursing spaces.

Ultimately, we need to continue what we’ve been doing, which is increasing the volume of nurses. One needs that. Of the important work in the new graduate transition program, which is critical work, I think, in the health care system…. Incentives to support the recruitment and retention of workers — regional ones, such as the one in the north and others.

We currently, of course, provide support through the loan forgiveness program.

Last but not least in that, we’ve received, since we announced on the issue of internationally educated nurses, 1,800 expressions of interest.

In addition to that, in areas of real pressure, we need to build out team-based care. That means addressing some scope-of-practice issues for nurses, for LPNs, for care aides and others.

We need to do all of those strategies and more to help address this. While working overtime can be sustainable in short periods of time and we know is a necessity — and these are issues dealt with in collective agreements — they’re not the solution, ultimately, to the challenges of more nurses.

The solution is to train more nurses and retain the ones we have. That’s what we continue to do. It’s why we’re leading Canada in the addition of registered nurses, and we’re going to have to continue to do that. And really, leading Canada isn’t the important thing; it’s continuing to train more people so that people get the access to the supports nurses have.

The final thing I would say is that nurses…. One of the challenges for nurses — and one of the opportunities as well — is the variety of work that nurses do in the health care system now and the growing variety of work and importance of primary care and community care proposals, such as the complex care proposal. And, of course, in acute care and everywhere else, nurses are playing an increasing role. We have to meet that by training more nurses and by breaking down barriers for people to become nurses.

That’s precisely what we’ve done and we’ve laid forward in our plan, which is the key part of a health human resources plan. You’ve seen those significant announcements in Budget 2021 and Budget 2022 — the addition of the nursing spaces and the money.

S. Bond: Thank you to the minister for that answer. I feel…. It is so difficult to listen to the stories of nurses across this province. I’m sure the minister hears those stories as well. But we cannot continue to simply say “here’s what we’re doing” when we know it’s not enough.

We know that. If you look at, for example, the BCNU report The Future of Nursing, in 2021, 74 percent of nurses told the union their practice standards have been compromised due to staffing issues. That is a very serious statement — that their standards of practice have been compromised.

Sixty-eight percent said that staffing was inadequate over the last three months — remember, it was the 2021 report; 35 percent of B.C. nurses say the pandemic experience specifically has made them more likely to leave nursing; 76 percent say their workload has increased compared to before the pandemic; and there were more than 5,000 vacant nurse positions in 2021.

If that’s not described as a crisis, I don’t know what is. Nurses are burned out. They are discouraged. They feel there is not the respect that they deserve for what they do.

We need to commit to doing more. We’ll continue to pursue with the government what that might specifically look like.

Coupled with that, I want to speak to the minister about the safety of nurses in our system. I have raised this issue with him since virtually every person in this Legislature signed a pledge to make a difference. I have offered, on numerous occasions, to work across party lines, to work beside the minister to sort out what we are going to do, together, about keeping nurses safe. It is not acceptable that nurses go to work and feel like they are unsafe. Many of them do.

[3:15 p.m.]

Let’s start with safety related to COVID-19. Certainly, I think there’s been…. The Premier has certainly acknowledged that we know that COVID-19 is an airborne disease. As such, it is so important that our nurses and health care workers have the appropriate PPE to do their jobs so they can be safe and so they can make sure their own families are healthy.

Can the minister describe for me what new funding there is in Budget 2022 to increase access to PPE? As we hear the minister and Dr. Henry say, as recently as yesterday, we still need to be dealing with a pandemic that is continuing to be active in our province. We know that there are continuing to be hospital stays.

Can the minister provide for me what new budgeting has been allocated to deal with access to PPE, and could the minister describe whether or not that’s in contingencies?

Hon. A. Dix: First of all, as the committee will know, during the COVID-19 pandemic, particularly in April of 2020, there were some fundamental challenges for PPE, and nobody here, no one around here, wasn’t working hard on the challenge. What we have done is significantly increase the amount of PPE we have in our health care system with very significant investments.

I think the more important total than the investments in the numbers, which we’ll provide in terms of the funding, is the cumulative total that we have in our stockpile of PPE. Our cumulative total on January 18, 2021, was 8.2 million N95 respirators. That number is now 18.917 million. In other words, we’ve increased by ten million our stockpile number of N95s for the future, which I think all members would recognize, given the interruptions in our supply chains that occurred, is a necessary and important thing.

On January 18, 2021, we had 143.5 million surgical and procedural masks. We have increased that stockpile by 100 million masks to 244 million masks. We had, in terms of gloves, about 330 million pairs of gloves. We now have a lot more than that, 1.7 billion pairs of gloves. That’s an increase of 677 million. Gowns we went from 19 million to 74 million; eye protection, from three million to four million, in all of those categories.

In terms of products issued, in the two years starting March 31, just to give a sense of what we use every year out through the system, the amount issued was 748 million pieces, of which six million were N95 respirators, 225 million were masks, 543 million were gloves, 15 million were gowns, and 2.3 million were eye protection.

[3:20 p.m.]

To put it in context, we’ve inventoried now about 8.9 million respirators, which is an important issue, in the system. Our monthly utilization through the system…. Remember, we supported, for a period of time, well beyond the direct health care system, people’s needs for N95 respirators, particularly in long-term care and other places, and masks. Our monthly utilization of those is 166,000.

If you think of that, that’s roughly a utilization of two million a year, in terms of N95 respirators, and our inventory on hand is 8.9 million. That’s an important step, I think, and an improvement.

One of the areas of N95 masks that has been the most challenging is the sizing, and we may get into that issue. But the N95-S, which is the most common mask to fit nurses and care aids…. That’s always been in the most demand internationally, but we now have a significant supply of that on hand, 733,000 of the 1860S. Our monthly utilization is about 32,000 in that case. In that case, the supply of masks most in demand, we have now developed a two-year supply.

All of these things are something that we committed to do, and I know that the Leader of the Opposition advocated for, and we have done.

S. Bond: Thank you for that. I guess I would like to have the minister respond to the concerns that have been expressed by the B.C. Nurses Union regarding the access to PPE at worksites. I think they are fair questions.

If we expect front-line workers like nurses to be dealing with COVID-19 and dealing with enough other issues, one would assume that the PPE that is most appropriate for them…. If that’s something they are concerned about, one would think that is something we should be dealing with.

Again, if we look at The Future of Nursing report, nurses generally said — there was a very high percentage of nurses — that PPE was restricted. It was placed under lock and key at times, and some suggested that it was restricted day and night. N95 masks were the most denied PPE item. Of those who were denied PPE, the reason most often given was that it was not needed or not airborne.

I’m thinking that the least we can do is ensure that when nurses in British Columbia feel that in order for them to be safe as they care for our families, we need to make sure they have access to PPE. I guess the basic question is: what PPE does the funding that has been noted — and the minister talked about N95s — allow access to, and is the minister prepared to commit that nurses and health care workers who want to access an N95 will have one?

[3:25 p.m.]

Hon. A. Dix: A couple of things. First of all, the member asked about operating expenditures, or what we’ve spent on PPE in different years, as we built out this capacity of PPE. In the 2021-22 fiscal year — these are actuals — we spent $142 million on it. That was the number in ’21-22. In ’22-23, we spent $116 million. In 2021, we spent $502 million. So while the number is down, that’s because we were building up the supply in that period.

In addition, there has been some, let’s call it, price stabilization. You’ll recall I’ve provided this briefing in previous estimates, so we can refer back to that. We saw at once a dramatic increase in the utilization of PPE in February and March of 2020 and in that time, both a decline in supply and an increase in costs, which was significant in every jurisdiction.

We responded to that by meeting the challenge, because we needed to get the PPE. And now we’re meeting the challenge by building up those supplies of PPE so that we’ll have it into the future. We won’t ever be in a situation where we’re facing the kinds of challenges we faced in the past.

With respect to the use of PPE, I’ve met personally on this question with the Hospital Employees Union, with the Health Sciences Association and with the B.C. Nurses Union. The assistant deputy minister in the area, Mark Armitage, has worked extensively with those unions on questions of access to PPE for groups of employees.

There’s something called a point-of-care risk assessment in terms of getting an N95 mask. It’s a routine request that’s made. It informs…. What it says is it should be conducted “before…to assess the likelihood of exposing themselves and/or others to infectious agents.” Whether you’re a health care worker, you’re HEU, you’re BCNU or you’re Doctors of B.C., that point-of-care assessment can be applied if you’re making a request for PPE. We’ve been working through these issues with all of the unions.

There was, and everybody knows this, this very significant challenge in 2020 around the use of PPE. All of this work, led by Dr. Bonnie Henry, in terms of setting standards and guidelines by the deputy minister, Steve Brown, and by Mr. Armitage, has taken us to this point, where we deal with point-of-care risk assessments.

Because a number of the unions were expressing some systemic issues with health authorities, we routinely met with health authorities and with unions to work through problems where there might be classes of employees who were expressing concerns about certain types of work. That’s been happening over the last year.

S. Bond: Thank you to the minister. Certainly, having supplies and having access to them are two different things, so we want to make sure that if that is what provides a level of safety for nurses or health care workers, that should be understood across the system.

We’ll move from there to actual injury claims and physical violence. I am sure the minister has heard them too. There are stories of horrific acts of violence against nurses and health care workers in hospitals across the province. And we know that there has been an ongoing call for improved security, for example, in health care.

[3:30 p.m.]

It is terrible that we actually have to have a conversation about whether we need security guards in hospitals. But if we’re going to ensure that the people who care for us are safe, we need to have a conversation about that.

The latest statistic is 40 percent of all injury claims to WorkSafeBC from nurses are a result of violence. Can the minister outline for me what new funding is available to address safety in the workplace, and whether or not there are actually efforts being made to deal with things like protective security officers, protective security for individuals? We want to be sure they are trained in de-escalation, and we need to standardize the use of personal alarms and, potentially, code white.

Has the minister…? What work is going on specifically? I know the minister has been asked this by nurses before. His response was: “There’s ongoing work.” Could he articulate specifically what health authorities are being asked or directed to do to ensure that when an employee is on site, they feel that they have a safe workplace?

Hon. A. Dix: The member, I think, is correct. This is a fundamental issue, to ensure people are safe in worksites.

One of the things I want to say…. Sometimes statistics tell a story, and sometimes they don’t. This has been a very, very difficult two years for health care workers and for nurses. There are qualitative issues.

I know as an MLA for Prince George…. I know as Minister for Health that the member will have heard of circumstances around COVID-19 with people in ICU that were very challenging for ICU nurses. They were dealing, on occasion, with family members and others under circumstances where there were very difficult and angry expressions of people, especially around issues of vaccination. I personally had health care workers and nurses talk to me about some of their experience in that regard. So that’s a qualitative thing.

What we’ve seen in the last period, two years…. This is why I want to frame it that way. I don’t know if this simply reflects visitation policies that have restricted access to the hospital. We have seen a decline in code white incidents in B.C. over that period. But I wouldn’t draw any conclusions from that. I don’t think that that is significant.

I think it may be one reflection of fewer people in the hospital, related to COVID-19. So the total claim rate around issues of violence has declined in the last couple of years, but that may well be COVID. We’ll have to see, perhaps at the time of the estimates next year, if that continues to be reflected in the results.

In any event, the BCNU is working closely in their jurisdiction, as are other unions, on issues of workplace violence. We’ve extended our work on six sites together through to the end of this year. There are significant other steps that have been taken in addition and importantly.

Together, all of the unions and the health system form the B.C. Health Care Occupational Health and Safety Society. That came into force, again, in 2019. That society will, I think, play an important role.

[3:35 p.m.]

Again, in that case, it’s independent in that its board of directors reflects both workers and employers in the health care system to work, develop and support strategies to improve occupational health and safety in general and workplace safety and actions against workplace violence in particular.

There hadn’t been such a society leading that effort before, and it will be playing an important role. It will be playing an important role because it’s not managed simply by the Ministry of Health, although there are ex officio representatives in the Ministry of Health on it. It’s led by health care employers and health care unions, including the BCNU, which was a significant advocate for its creation.

S. Bond: I certainly will wait to look at whether or not the decline in code white incidents is because we have fewer people in hospitals. That probably makes sense. The fact of the matter is that violent incidences were occurring before COVID and they’re going to occur after COVID. What we want to do is assure nurses in British Columbia that we understand the risks that many of them are facing.

I’ve heard stories from young, brand-new nurses who’ve experienced literally what involves physical assault. What does it result in? They leave the practice of nursing. One incident is too many.

We have six sites. I know that the minister has talked about this in previous estimates, long before COVID, when I have raised this. We are at six sites that have some sort of work being done. There are a lot more than six sites in British Columbia that require specific protective measures, things like the contemplation of a 24-hour security person at the emergency entrance to make sure that we know who’s coming into the hospital, those kinds of things.

We have six sites now. What is the plan to extend whatever those special initiatives taking place at those sites are, and have there been discussions with health authorities about making sure that the discussion with nurses on site relates to how they are going to feel more safe in their individual hospitals, including the use of security, if necessary?

Hon. A. Dix: Yes, that’s one of the measures that’s been put in place, but there are, of course, very significant measures that are going on, including the creation of the society in 2019, which is going to play, I think, a very important role. Its board of directors includes representatives from the unions, of course Doctors of B.C. and the health authorities, WorkSafeBC and the ministry.

But in addition to that, there is a policy directive that’s for all sites on workplace violence prevention. There’s a provincial violence prevention curriculum, which is a key part and which 76 percent of health authority staff who work in high-risk programs are part of. Physician violence was implemented in June 2019. Because it’s not just nurses. It’s physicians; it’s health care workers; it’s health sciences professionals who are the subject of violence.

The member raises protection services, and she will know that the health care system moved to a largely contracted system of protection services in 2002. We’re performing a review of those models in health care to inform our provincial strategy. That includes something called therapeutic relational security, which is something that has been put in place at the forensic psychiatric institute, for example, and the issue of in-house versus contracted services, which is an issue in health care, as the member will know.

We also have, through collective bargaining processes with all unions, addressed issues of workplace safety. Workplace injuries of all kinds are on the rise in the health care and social services sector, and it has a very significant impact on health care workers. When I was discussing the numbers, I made it clear that I don’t see those numbers as significant. That’s because regardless of what they are, acts of violence are never acceptable and can never be tolerated, and we have to support all of our staff people, nurses and everyone else in addressing that.

[3:40 p.m.]

One approach, this therapeutic relational security model, was implemented and has proven quite successful in reducing patient aggression and violence. One of the useful parts of having the models go forward is they tell us some of the things that you can do.

With respect to all of that, those are significant initiatives that we take with our employees over time. There is clearly more we’re going to do, especially as we emerge or at least deal with these later phases of the COVID-19 pandemic.

We are going to expect in the fall, in particular, to have more and significant challenges with respect to COVID-19. That creates every kind of challenge in the workplace. Whether by reducing the number of people in the hospital…. It reduces the number of people for a short period of time. That is not going to continue to be the policy. People are going to be allowed to visit hospitals, so we need to ensure that health care workers, including nurses, are supported and protected.

I know the member, when she refers to nurses, means all health care workers. I take that as a given. That’s why we’re continuing with these initiatives.

S. Bond: Well, thank you to the minister for clarifying that, because of course I mean that. I have just spent the last hour talking about nurses, which is why I was referring to them.

We want the people who care for us to be safe in their workplaces. It is time for there to be…. I am not suggesting that nothing has been done, but what I’m suggesting is that more needs to be done, and we need to pick up the pace of it. It is completely unacceptable for health care workers to feel afraid to be in their place of work. I appreciate the minister’s comments about that.

I want to just fit in one other human resources issue so that I can move on. I want to talk about the mental health and wellness of health care workers in a moment.

But before we do that, I would like to just make sure that we have some clarity around this issue. The minister would know that last year, a great deal of concern erupted when Fraser Health announced it would indefinitely be closing the maternity department at Peace Arch Hospital. There was a huge outcry, including opposition MLAs, and the closure was reversed. Also, there was a caveat that there would be sporadic, single-day diversions when necessary.

Can the minister, for the record, confirm that a permanent solution has been found to ensure that Peace Arch Hospital will continue to have its maternity department available?

Hon. A. Dix: I think what it shows is…. The member asked in question period about Ucluelet. What we’re doing in Ucluelet is working to solve the problem. What we did in Peace Arch is working to solve the problem. We did that work in consultation with health care professionals. In the meantime, we took action to ensure people were safe. That is sometimes necessary in a health care system.

It is not just at Peace Arch that that would be the case, where you use other nearby facilities for support when one facility is full. With respect to maternity care — all care, of course — that’s particularly important. The short answer is yes, we work with our doctors, and Fraser Health has a solution. They’re going to continue to work on those issues. What it always depends on is having the qualified staff able to provide the care.

But we did a lot of work with our family practice doctors, our pediatricians and our community of people. I would say that at Peace Arch, the addition of the new emergency room and ICU is making a big difference, as well, as we build out our health care system. Yes, the problem was identified. A diversion was put in place. We started to work on the problem, and we addressed it, just as we will in Ucluelet and other places.

S. Bond: Well, thank you to the minister for that. I certainly never suggested that the minister doesn’t work to try to solve problems when they are raised, brought to his attention. But it’s also my job to talk about the status of health care in British Columbia. You know, I can tell you the latest photograph I got was a person who actually took a lawn chair, a blanket and a coffee travel mug to sit outside a UPCC two or three hours ahead of the opening time to make sure they got a spot.

[3:45 p.m.]

That is not the British Columbia that anyone in this Legislature wants to see, where you need to go line up and hope that someone’s going to be there to care for them.

I want to raise the issue of mental health, because the minister has constantly referenced….

I do want to correct the record. The minister and I know that question period is a place where all of us, our passions and questions, become very vigorous. But we should be clear. No member of the opposition has ever suggested that COVID-19 did not take place. In fact, we worked very closely with this minister to talk about the need to be vaccinated. Raising issues that are a result post pandemic is actually our job, and we’re going to continue to do that. But to suggest that members of the opposition were suggesting COVID didn’t take place…. That’s not accurate, and the minister knows that.

The issue related to mental health is a significant one. We know that health care workers…. When you look at the combined impacts of the pandemic, the staffing crisis that we’re facing and ongoing safety concerns, we have seen worsening mental health amongst health care workers.

The stat that the B.C. Nurses shared was actually that 82 percent of B.C. nurses said that their mental health had worsened over the past two years. When we look at 2019 to 2021, mental disorder claims with WorkSafe by nurses grew at a rate of 58.1 percent, from 496 to 784. It was 2019 to 2021, so before and during COVID. But it is more than triple the rate of all professions that made more than ten claims — triple the rate.

I want to specifically ask the minister about a mental health and wellness project and get his response to it. The Nurses and Nurse Practitioners of B.C. and the College of Nurses and Midwives recognize the need for mental wellness services for nurses in B.C., and they worked to deliver a mental health and wellness program. In the first six months alone, the overall usage rate of this program has been 305 percent, with 72 percent of booked appointments for mental health counselling. This includes just-in-time mental health supports, wellness services. Overall, the program so far has saved nearly 3,000 hours in productive time.

My question is: is the minister aware of the program, and is he prepared to support it?

Hon. A. Dix: I have heard of the program funded through the college. I’ll provide the member with more information. My understanding is that what the health system wants to do is take the learnings and implement the project more widely than just through members of the College of Nurses and Midwives. I’ll provide more information on that to the member.

[3:50 p.m.]

I just want to, perhaps, take the opportunity to talk about some of the current initiatives that we’re putting in place that give a sense of the response to the very real concerns raised by the member.

Before I do that, I’d just say, as we make points in question period, the point I was simply making in question period is that in-person visits, because of the actions we took on COVID-19, have gone from, basically, 18 million to 7½ million. I know that she’s aware of that point, because I made it yesterday. That was 5½ million, then 7½ million for the fiscal year that just ended. That’s a dramatic change in in-person visits, and we did it. It was critical work to stabilize the primary care system and provide care to people, and we provided 1.5 million more fee-for-service visits in the fiscal year ending March 31, 2022.

You do not, in this case, turn a switch and end the pandemic, which is still ongoing and still affecting primary care and in-person visits. Some of what one is seeing…. The point I was making in question period and the point I made yesterday at length — I know the member was making her point — was not that the opposition wasn’t aware of COVID-19, but that (1) the COVID-19 pandemic is not over, and (2) its impact on primary care structurally was even greater than it was on acute care or long-term care.

With respect to those initiatives, we’ve invested, for example, $735,000 in Care to Speak and Care for Caregivers, which are two unique programs that offer online peer support and targeted educational mental health resources for health and community workers. These programs, since 2020, have reached more than 76,000 workers, are seen as very successful and, again — like the program mentioned by the hon. member — could and should be part of a broader health human resources plan. I can assure you that we won’t necessarily wait for the publication of a plan. These very questions are, in fact, central to that plan and central to issues of retention.

We’re also implementing the national standard on psychological health and safety in workplaces in the health authorities. This is in consultation with the B.C. Health Care Occupational Health and Safety Society — which is now called SWITCH B.C., by the way. It’s an important innovation that came in, of course, in 2019, as part of a collaboration between the Ministry of Health and all the partners in the system — in particular, those representing workers.

We’ve also done some significant work with the B.C. College of Nurses and Midwives, the B.C. Nurses Union and health authority leadership around these issues with respect to nursing. We also have a series of initiatives which I could highlight. There are about nine of them. Rather than, perhaps, highlighting them, I’ll just take you through what some of them are and what they’re called.

They have been put in place to support the mental health of health care workers across the system. They’re of significant importance. Some of them deal with a range of issues where there are days lost and significant issues. Others more broadly address the mental health issues faced by many health care workers who may not be seeking care but are facing significant mental health challenges such as are described in some of the polling that both the Hospital Employees Union and the B.C. Nurses Union have done with respect to their employees.

Those include things like Schwartz Rounds, PAWS, a systematic process of staff huddles, structural team reports, critical incident debriefing, all-staff town halls, and workplace culture councils and communities of practice. Rather than go through those in detail — I know the member has many, many questions for us — I’ll just lay those out there and forward her a note describing what those are.

S. Bond: Thank you very much to the minister for that response. I wanted to just make sure that the minister was aware that I appreciate the reaction to the mental health and wellness project. I wanted him to know — I’m sure his staff is aware of this — that for 67,000 eligible clinicians, the cost is estimated to be $1.4 million for that program. If it were to be expanded, certainly…. If the organizations were looking at an estimate to be able to deliver that program, it’s $4.32 million.

I do think that when we think about the mental health and wellness of health care workers, I certainly want to commend the Nurses and Nurse Practitioners of B.C. and the B.C. College of Nurses and Midwives for stepping up. They recognized the need for a program. I’ve had the opportunity to be briefed about the outcomes, and the takeup has been significant and positive.

[3:55 p.m.]

When I go back, when I think about the question I asked — I’m moving from section to section here — I want to be sure that we have clarity about Peace Arch Hospital. I believe the number is five pediatricians that were engaged in that program. Could the minister confirm that those are now five permanent pediatric positions?

Interjection.

S. Bond: Could I just…?

The Chair: Yes, please continue, Member.

S. Bond: Thanks. I just want to make sure that it’s five FTEs. Again, that may be more or less people, but it’s FTEs.

Hon. A. Dix: There was a Fraser Health announcement, and that said precisely what the Leader of the Opposition suggested, on the pediatrician side. I’ll just say what this involved. It involved a partnership with the Ministry of Health and the implementation of an alternate payment model to support pediatric recruitment.

[P. Alexis in the chair.]

In that case, again, these fundamental issues, which have been much more prevalent in acute care — for example, moving to alternative payment — were in place here. They’ve expanded their services. Fraser Health expanded their services to support the Pediatric Rapid Access Clinic at Peace Arch Hospital. The Rapid Access Clinic provides support for consultation for pediatric patients from the community of White Rock–South Surrey. It’s part of a more fulsome pediatrician response supporting maternity services.

That’s the work that has gone on, including, inevitably with these things, the negotiation of contracts and other things. That’s what has gone on at Peace Arch. As I say, you have to work through those things. Diversions are never a good thing for patients. They’re sometimes necessary for the safety of expectant mothers and their babies, in the case of maternity practices, but they’ve been relatively rare in Metro Vancouver. We have to continue to do work to ensure that we provide services in a variety of places, including Peace Arch.

So there were challenges. We worked through those challenges, and we’re going to have to continue to do that over time.

S. Bond: We’ve certainly talked about the good work done by, for example, nurses and nurse practitioners, the College of Nurses and Midwives. I also want to reflect on something the minister said earlier. It’s not just nurses. I mean, if you’re a member of the HEU…. When you look at the polling done by the HEU, one out of three health care workers is looking to leave health care altogether, 75 percent of those polled experienced pandemic-related burnout, and 32 percent do not believe there are adequate mental health supports. The list goes on.

[4:00 p.m.]

We also have the recognize the Doctors of B.C. for the work that they have done in terms of physician wellness. They have created new programs with a number of partnerships, and it has been really fantastic to learn about how organizations are stepping up to try to provide support to health care workers, in whichever aspect of health care that they are engaged in.

I’m going to move on to surgical renewal and wait times. I’ll give the minister a heads-up in case he has to change staff. I think it’s fair to say that when we talk about the challenges in the health care system — staffing challenges, mental health and wellness — looking at how we are going to ensure that the system has the people it needs in order to allow people to feel like they can do the jobs that they were called to do, is going to be critical. There are going to be ongoing questions about that, as we move ahead.

We’re going to move on to surgical renewal and wait times. I’ll start with this question, and while people are getting settled, we can look at the data. We know that surgical renewal funding for year 2 was announced in 2020. I want to start with: of the 52,216 scheduled surgeries that were completed in 2021-2022, can the minister tell me how many were day surgeries? How does that number compare to 2019?

The Chair: Minister.

Hon. A. Dix: Thank you very much, hon. Chair. It’s good to see you.

How we define surgeries is not by day or not day but by what are called urgent scheduled surgeries. I’ve got into that definition before, but we can get into what the definitions are, of each of these — non-urgent scheduled surgeries and, of course, emergent surgeries.

In terms of urgent scheduled surgeries, in the first year of the plan — April 1, 2021, to March 31, 2022, in those years — we delivered 52,216 urgent scheduled surgeries. That’s 5.3 percent more in the same time frame in the first year, and 7.1 percent more than pre-COVID, which is an extraordinary achievement by health care workers. We delivered 201,880 non-urgent scheduled surgeries. Those are a variety of surgeries that essentially have recommended wait times that are longer than four weeks. So those surgeries are there.

We increased operating room hours by 17,341 to 586,657 hours in that same time frame, in the first year and, in spite of all the surgical interruptions, 13,000 hours more than were done in 2019-20. Those are significant achievements, but those are the categories we look at. There are urgent scheduled surgeries; there are non-urgent scheduled surgeries. Then, of course, there are emergent surgeries — which are, essentially, surgeries that have to take place within 24 to 48 hours.

The other focus that we had was on urgent scheduled surgeries, as described in the numbers, but also on those who have the longest wait times. You can see the positive impact of that work in the 90th percentile reports by the Canadian Institute for Health Information. In the case of the 90th percentile, we went from, roughly, seventh or eighth place in Canada on orthopedic surgeries to first, which is a significant achievement, again, by health care workers in B.C.

[4:05 p.m.]

How we did that is by increasing essential personnel: significant net increases of perioperative nurses, net increases in medical device reprocessing technicians essential to that and net increases — significant ones, of course — in anaesthesiology. All of those had a positive affect and are especially extraordinary, I think, for our system, given the significant and multiple delays of surgery that occurred at different times in the COVID-19 pandemic. In spite of those and assuming those, these achievements still took place.

The member will remember them — I do, very well — but they include the initial period from March to May of 2020, which essentially led to the delay or the impact on some 30,000 surgeries overall. Sometimes the number of those that are actually delayed is less than that, because we tend to schedule surgeries in two-week blocks. But it has an impact on the surgeries that weren’t scheduled that would otherwise have been scheduled. That’s why one number is 14,000, and the other is 30,000.

Then we saw significant impacts on surgeries as a result of COVID-19 most recently during the omicron variant of concern, when we reached 1,059 people in hospital on January 31, 2022, with COVID-19. That had an obvious impact on surgeries.

Just to put that in context, in the most recent surgical period, we had one of the highest levels of surgery in the history of the B.C. health care system, which shows the commitment of our surgeons, our nurses and especially those who work in the preparation — the pre- and post-operative work around surgeries, who are members of both the HEU and the HSA.

All of that work is, I think, something that B.C. can be proud of. I want to put it in context. Being No. 1 in Canada in certain surgical categories, having been much below this, is not the sole measure to measure ourselves by. We’ve got to meet the test of people in British Columbia who wait for surgery, often in pain. So being No. 1 isn’t the important thing. Ensuring that people getting increasingly better access to surgery is the important thing.

Finally, I’d say the number of overall people on our surgical wait-lists as a result of all this has been reduced, and that’s also true with respect to diagnostics.

I think that while there are real challenges, and you see this in some of results in the Canadian Institute for Health Information report this year, what it does show are the great achievements, particularly of our orthopaedic surgeons and others in the B.C. health care system. They have a lot to be proud of. But that doesn’t mean that we’re stopping or resting or anything else. We’re going to continue to push forward this year.

S. Bond: Well, thank you very much to the minister. I would just hope that we could sort of focus on the specific question so that we can move through these numbers.

I would like to ask…. And perhaps I missed it in that answer. Could the minister tell me how many of those surgeries were cataract or dental?

Hon. A. Dix: Dental surgery — and I think all members of the House will be aware of this — is a real passion for people in the Ministry of Health. At my first meeting that I had as Minister of Health with the deputy minister, he raised the issue with me. People who work on surgeries in the Ministry of Health have raised this issue significantly, and here’s why. Many people who receive dental surgery in B.C. in acute care receive it because they are dealing with other challenges and disabilities.

People who are adults with developmental disabilities, for example, often can’t get the kind of dental care that the member or myself or other members of the House or other people might be able to get. They require a general anaesthetic.

We had, I think it’s fair to say, intolerably long wait times in B.C. for people who, on occasion, were waiting for a surgery that they did not know they needed, in the sense that they weren’t waiting for it in that sense, but they were living in a pain that they, in some cases, could not properly communicate to us.

[4:10 p.m.]

When we announced our original surgical plan, which saw a significant increase, in one year, of hip-and-knee replacement surgeries, we also put dental surgeries as a priority in that plan, because those who need dental surgery in the acute care system need it because they’re medically necessary and they’re essential surgeries.

I’m particularly proud of these numbers. In 2021-22, B.C. performed the most dental surgeries ever performed, with 7,736 surgeries being completed, which is a 22.7 percent increase in dental surgical volumes compared to 2016-17. That’s a very significant achievement of the system.

Ophthalmology is another surgical specialty. That’s reflected on the cataract side in CIHI report, compared to other jurisdictions. In 2021-22, 85,167 cases were completed by ophthalmological surgeons, an increase of 16.9 percent from 2019-20, in that case. This included 74,618 cataract surgeries, which is, again, like dental surgeries and like other areas of surgery, the highest total in B.C.’s history.

S. Bond: Thank you to the minister for the answer. I’m wondering. I’d like to ask…. Let me see if I can explain this. When we talk about cancellations, how many patients does the ministry estimate were never captured in the cancellation number because they were never actually booked?

In other words, they had had an initial consultation, and they’re still waiting to be scheduled, so the number of cancellations does not capture them. They had an initial consultation. They were supposed to have surgery, but they did not yet have a surgery booked.

Hon. A. Dix: It’s hard to measure, in cancellation, people who didn’t actually have the surgery booked. That’s why, when I answered the first question of the Leader of the Opposition, I noted that there were a number of surgeries cancelled — namely, they had been booked, say, in March 2020 — with respect to the first COVID-19 delay in surgeries. So that would have encompassed a lot of the people in the two to four weeks after March 16, when that decision was made.

Obviously, we weren’t booking new surgeries, say, on April 20 or 24th or 26th. That’s why, when we laid out our surgical renewal plan in May of 2020, we used those two numbers — one of surgeries delayed, actually cancelled — because you can count them and you can count tangibly against them — and the impact on surgery.

That’s what makes the results of the surgical renewal commitment in its first two years so extraordinary — whether it’s in the Interior Health Authority, which has faced COVID-19 and other challenges that are beyond extraordinary, I think, the success there; or the challenges, as the member will well know, in Northern Health, where we went periods of months with significant impact on the capacity to do surgery and on the capacity of our system, such that we transferred about 160 people out of critical care to health authorities further south, including Vancouver Island, Vancouver Coastal Health, Fraser Health and Interior Health.

It’s what makes the net result so remarkable, because it includes all of that. But the member is correct that when you delay surgeries and you don’t book new surgeries, it’s a larger number than strictly the list of cancellations. We measure one; the other has a significant effect. But if anything, it demonstrates the extraordinary work that was done and the value of that work.

How that was done was by taking a real challenge, which was a wait-list that grew because of reasons beyond anyone’s control, the COVID-19 pandemic, and addressing it systematically over time. Eighty-four measures: to expand operating room time; to add weekends, in many places; to improve the management of surgery and the engagement with people receiving the surgery so that they would get better care; and even small initiatives like being on time for surgery. All of those were important initiatives, and the impact of that — increasing surgical capacity, as I noted, the number of surgical hours — had a real impact.

[4:15 p.m.]

The member is right. The challenge was bigger than just those who had their surgeries that had been scheduled postponed. It was bigger than that. That makes, if anything, the response of the overall system even more extraordinary.

I want to thank all the new people in these times. We talked about health human resources, an incremental increase of 299 surgical nurses. The actual numbers are higher than that, of course, because there are some people who leave and some who come in.

The increase in medical device processing, surgical device processing technicians, which is a very critical area, and, of course, anaesthesiology…. All of those were required to allow us to meet those very ambitious requirements of the system. I’m really proud of everyone who’s been involved in this, but the work continues. People are still on wait-lists.

I heard from some doctors who said: “Well, I’ve got patients who are too long on the wait-list.” I agree. That’s why these measures, these 84 initiatives that have been done in consultation with the people who know — doctors and nurses and health sciences professionals — have been so important.

We’ve got to continue to pour it on, not just because there are risks to our acute care system because of the COVID-19 pandemic — there are, continuing risks — but also because we need to provide better and faster care to people.

S. Bond: Are there British Columbians since March 2020 who have had their surgeries postponed who have elected not to move forward with that surgery?

Hon. A. Dix: This occurs not infrequently in non-COVID times, but yes, there are people who decided not to proceed and move forward with their surgeries. I’ll give the member the numbers in terms of cohort size.

In the first cohort…. These are the ones affected by a delay. Basically, they had a date, and it got delayed. They’re not in the second category, which is they didn’t yet have a date but were coming soon. Those, as you would expect, have largely been addressed, given the extraordinary numbers of the program.

The cohort size in cohort 1…. That is in the first period, essentially. We’ll call it wave 1. In cohort 1, 17,338 in the cohort, 2,543 cases cancelled, and there are 26 cases remaining. Those were choices of different people.

In cohort 2, the numbers of cancellations were less. This is essentially waves 2 and 3. That’s 3,667. The overall number of cases cancelled was less, 437, and the rate of postponed surgeries completed is 96.2.

In cohort 3, which is a more recent wave, 7,321 is the cohort size, and 447 cases cancelled in that case. So it was 437 — so I’m not confusing the numbers — in cohort 2 and 447 in cohort 3. Cases remaining, 1,451, for 78.9. That’s the most recent cohort.

So we’re working through those. But I think the important thing to remember, too, is there are, of course, other people in the system, and those decisions, in terms of the order of surgeries, were made by doctors. So increasing our capacity across the system is critical to reducing wait times, and that’s what we’ve done everywhere.

Everyone is affected. We think of it as those 17,000 and then those 30,000 as affected, but there’s a knock-on effect on everybody else.

That’s why we had to take such extraordinary action in terms of the recruitment of staff, the implementation of initiatives and the increase in our operating room time. It’s only with more operating room time, especially with COVID procedures that at least slightly delayed and extended operating room time on each surgery. That was required, and that’s what was done.

[4:20 p.m.]

S. Bond: Thank you to the minister for that.

Of the 34,557 surgeries that waited more than twice the recommended wait time that were completed in 2021-22, can the minister just give me a sense as to what types of surgeries those were? For example, how many were general, orthopedic, cardiac, neuro, gastro, and so forth? A percentage works, or the total numbers.

Hon. A. Dix: As the member will know, we break down the numbers in all kinds of different ways. We didn’t break down the numbers in that particular way, but we can. I’d be happy to share that with the member.

S. Bond: Thank you for that. We’ll add that to the to-do list.

Interjection.

S. Bond: Yes, I’m sure it will be, and it will be speedy. I’m positive of that as well.

Can the minister provide us with net new — so that’s the key, net new — hiring targets for a number of health care professionals related to surgery?

I’ll go through the list, because we want to be specific about what the net new hiring targets are: surgeons, perioperative registered nurses and perioperative licensed practical nurses, post-anaesthetic registered nurses, medical device reprocessing technicians, anaesthesiologists and other health professionals that are required for operating room hour expansion.

Hopefully, the minister’s staff have made a note of those particular positions.

Hon. A. Dix: Happy to give the member these numbers of what we’ve done. So this isn’t overpromising; this is what we’ve done.

With respect to nursing, perioperative LPNs — that is a net increase of 42 to support surgical renewal. Perioperative RNs, a net increase of 178. Post-anaesthetic recovery RNs, a net increase of 79. Medical device reprocessing technicians, a net increase of 55. Anaesthesiologists, a net increase of 81.

When we recruit surgeons — and we are in a number of areas…. We may get into this in a little while, if the member raises issues about deep brain stimulation, which is an important issue for the member and for me. What we did in respect to that, for example, is we’re continuing to recruit, and we’re optimistic about that.

I try…. Even today when I was asked about Ucluelet, I tried not to say we had the answer yet, although we’re working on it, and we’re getting there. You don’t say you have them until they’re there.

What we did promise was to increase the number of surgeries, and we did. We met that target in that area. But we need to have the second surgeon, for the stability of the system, which is really important. We know that Dr. Honey does excellent work there, but we need that care.

In terms of battery replacement, in case of that, we have other people trained to do that, which of course frees up more time for Dr. Honey, such that in the first year of the program, we met the 72. Even with the delays around surgeries that we saw in the past year, Dr. Honey essentially did 69. In the previous level, ’16-17–’17-18, it was 32, so that was a massive increase in that area.

For it to be sustained for the future, we need the second surgeon, and we’re getting that work done Vancouver Coastal Health is, for example, recruiting neurosurgeons. We recruit as required, to meet those targets. But where we really needed to do the work in recruiting was in nursing and in anaesthesiology, and that’s what we did.

[4:25 p.m.]

S. Bond: Thank you for that. I’m going to respect the time of my colleagues, because I know that one of my colleagues, who is fully aware of the Health portfolio and certainly engaged in a marathon of her own in the past…. I want to move onto orthopedic wait times and talk about orthopedic surgery in particular, and I know that my colleague and friend has an issue that she would like to raise directly with the minister.

I will turn the floor over to the member for Kelowna-Mission.

R. Merrifield: Thank you to the minister for the indulgence on this question, and, as well, to my colleague, the Leader of the Opposition, for the time today.

This story was actually in the media quite a bit, but I’ve been working with the different parties to try and figure out how we could move this initiative forward. And it really is going to come down to the minister and what the minister says today.

I loved hearing some of the answers that were just given in terms of extraordinary action, surgical renewal, especially in light of some of the confinements that we have at KGH as well as some of the renovations that are going to be taking place, starting this summer.

In Kelowna, the orthopedic surgeon group is absolutely outstanding. They’ve been credited with innovation, and it’s really taken their wait-list from some of the highest to some of the lowest in the category. But they’re struggling. Obviously, COVID has had a dramatic impact on this group and on many, and they now have one of the longest lists that they have had in years.

I reached out to their lead surgeon, as I was having one constituent contact our office after another, in pain and waiting for these surgeries. I was responded with this response: “Despite the return to relatively normal OR time, we are still over 1,200 patients waiting.” And he also notes that they’ve “tried to schedule huge amounts of overtime during the summer, but practically speaking, we can’t staff them due to lack of surgeon availability or nursing staff because everyone takes holidays in the summertime.” He also provided me with a chart of every surgeon in the group and, as well, all of their different wait times and how many patients they have waiting.

Obviously, this was a little bit disheartening to me. Concerning, I know, having had a family member have orthopedic surgery over the course of these last couple of years, how difficult it is and how much pain those patients endure before having that surgery.

The good news though, the silver lining, is that, in meeting with them, they indicated that they actually had a solution, but that it was turned down by the ministry in final negotiations. They contacted a private clinic that, literally, is directly across the parking lot from them and tried to get some time booked in the private surgical centre, but it was turned down.

I reached out to the private clinic to understand why, and I actually received this comment: “There was a compliance clause that was added to the contract with the private clinic, and it’s a provision that requires every medical practitioner with privileges at the clinic — which is anaesthesiologists, assists, surgeons — sign a compliance letter stating that they will never perform or participate in any private surgery that may be covered by MSP. This is not limited to practitioners participating in the contract. Neither is it limited to the duration of the contract. Survivorship clause ensures that the terms of the contract prevail after the contract completion.”

As we were dealing with a short-term solution for these surgeons, and when we pulled the numbers, it would take them about four months in utilizing this surgical centre’s time to get through the vast majority of the wait-list that’s currently there. Additionally, it would not take any nursing staff from the ORs that are at KGH or time from the hospital, and it provides a comfortable atmosphere for the patients.

Why isn’t this solution being used when over 1,000 Interior residents wait and languish with a completely viable option available to us if that clause could be removed from the contract? Again, extraordinary action, surgical renewal and patients that would get out of pain.

[4:30 p.m.]

Hon. A. Dix: I’m always happy to answer questions. We had longer discussions before, but I think she’s dealing with my colleague the Minister of Environment now, and congratulations on that, because it’s an extraordinary area, I think, and one that the member will do very well in.

Private surgical sites. I say two things about them. One, we go for solutions that work for people. We always do. And two, they have to comply with the Canada Health Act. It’s the law. B.C. has been fined in recent years. We get fined for violations of the Canada Health Act that occurred in years — most recently, even last year — before the current government came to office, and those fines exist, in large measure, because of private surgical centres. In other words, people have to follow the law.

In the case of the False Creek Surgical Centre in Vancouver, we did suspend our contract. They made changes. They came into compliance, and we’re now again doing work with the False Creek Surgical Centre, which is good news.

In Victoria, most recently, we made the decision, in consultation with private surgical centres, to purchase the View Royal Surgical Centre, and in Nanaimo, the same thing with Seafield. At the Seafield Surgical Centre in Nanaimo, we did the same thing.

Over time, particularly in surgical renewal, we’ve significantly increased…. All of which are in compliance with the Canada Health Act. So it’s one wait-list for all. I think everyone would agree that we need to comply with the law, the Medicare Protection Act and the Canada Health Act.

Compliant with the Canada Health Act, we’ve increased the use of private surgical sites — let’s start in 2018-19 — from 11,607 to 16,777. There are lots of people who are critical of that. It is because the critical question is compliance with the Canada Health Act and that people get their surgery.

With respect to the Interior Health Authority, they’ve also, as the member rightly notes, done much better than they were in 2016 and ’17 with respect to orthopedic surgeries. We’ve gone — I’ll just give the member the numbers — from…. The benchmark is 26 weeks. Can you imagine — 26 weeks is the benchmark that we have to meet? And approximately 60 percent, in 2016-17, of people waiting for knee replacement surgeries in Interior Health didn’t meet the benchmark. So it was 40 percent meeting the benchmark, 60 percent not. The number now is 68 percent meet and 32 percent not, which is, of course, much better — 28 percent better, but it could be better still, as the member is suggesting.

This is the impact of surgical renewal and the measures that we’ve taken to maximize the use of the public health care system and public surgeries.

I’ve heard of some of the discussions between providers and Interior Health, and I don’t think those discussions have ended, as far as we’re concerned. There are, and there may be, opportunities to proceed, but yes, it is the case that you have to follow the law of the public health care system. Everyone understands that, and everyone would expect that. And that’s what we do.

When there’s an opportunity to reduce wait times, we take it. I have not been ideological on this question. We’ve maximized the use of the public system and public operating room times, and we’ve taken other opportunities as well. We’re going to continue to do that and continue to work with surgeons in every region.

In Interior Health, people have gone through…. In Kamloops, in particular — maybe more so than in Kelowna but in Kelowna as well — people have gone through a lot, and we want to find solutions.

You see that in the results. These are results in Interior Health that we’ve got, compared to what was here before I got here as the Minister of Health. We’re going to keep doing them, and we’re open to all ideas, but they’ve got to follow the law — they do — and the Canada Health Act is important.

We receive 22 percent of our health care funding from the federal government. We’re hoping for more, as the member will understand. We had that discussion when she was critic last year.

[4:35 p.m.]

That also means that we have to comply with that act and, more importantly to me, the Medicare Protection Act, which we’ve all agreed to in this Legislature and, the most recent time, was passed unanimously by the Legislature.

R. Merrifield: Thank you so much to the minister for the answer to the question. That’s a very encouraging answer.

Actually, Interior Health Authority and the contract negotiation team was very hopeful that they would be able to obtain an exception from the ministry — not an exception to the rule of law, not an exception to the law that is federally legislated, actually, but just an exception that would articulate the situation accurately, which is that this private clinic already operates outside of MSP premiums. It’s quite possibly unreasonable or untenable to request all 50 surgeons, ten assists and six anaesthesiologists who have privileges at the clinic and who are not the clinic’s employees to sign off on something that really doesn’t have anything to do with them.

Having said that, though, the orthopedic surgeons that are wanting to do work at this private clinic are only MSP employed, so it would be able to meet the requirements of the Canadian law but have not been allowed to do so because “the response from the ministry is that the contract language is standard and that they wouldn’t deviate off of that.”

I would just ask again that…. The minister doesn’t even necessarily have to answer, other than to engage in a further conversation with it. I think that this is a really interesting solution that just needs a little help and a nudge over the edge.

Hon. A. Dix: One of the reasons we’ve been successful with surgical renewal for patients…. That’s the most important thing — yes, for those working in the area, but for patients. I can tell you, and I know we understand this, it’s best understood in terms of one patient, not in terms of 300,000-plus patients who receive surgery. But for every patient, surgery is a big moment.

I think I said this to the member last year. The decisions to delay non-urgent scheduled surgeries were amongst the most difficult I was involved in, that I’ve ever been involved in, that I’ve ever seen in all of my work in public life. So the commitment is real.

We’ve shown that commitment and that approach in our work with all providers of health care. That’s why the numbers have gotten better. As a lot of people expected, they didn’t get worse when I became Minister of Health — because I’m a passionate defender of the Medicare Protection Act, and I’m a passionate defender of the Canada Health Act — they got better, because we worked through issues.

The issue of being in compliance is not an issue. We can’t use the cap thing anymore. There’s more than one way to solve a problem — can I say it that way? — and we work at these things all the time.

In the case of what happened in Nanaimo and Victoria, in part, the issue there was twofold.

One, they couldn’t perform a lot of the surgeries they wanted, because not being part of the health authority, they weren’t under the Hospital Act. They couldn’t do a bunch of the surgeries they wanted to do.

Two, there were some infrastructure issues that the investors couldn’t deal with. We wanted the capacity, so we brought it fully into the public system — win-win, right? The people who were selling it weren’t upset about that. They were happy with that, and we worked together on a solution that’s really going to benefit people in Victoria who need surgery.

So there are different ways to going about that. Of course, in that case, that’s an imaginative solution to a real problem.

What isn’t going to change…. Remember, it’s not just that when you change the rules, you change the rules, with respect to the Canada Health Act and, more importantly, the Medicare Protection Act. We’re always hopeful to expand capacity, because I don’t want people waiting a day longer than they need to wait.

S. Bond: Thank you very much to my colleague and also to the minister. I appreciate the opportunity to look for a collaborative solution there, so thank you for that.

We’re going to stick with orthopedic wait times for a few minutes. Of the orthopedic surgeries that were expected to be completed during each wave of COVID-19, including both surgeries that were postponed and those that were not scheduled, how many have now been completed? More specifically, how many should have been scheduled during that period but were not?

[4:40 p.m.]

Hon. A. Dix: As noted in the answer to the previous question, we don’t have the detailed case-by-case numbers on those that might have happened. But I can tell you the ones that were scheduled for orthopedics, which is a subset of the numbers that I just gave the Leader of the Opposition. On the case of orthopedic surgeries, in the first cohort, the cohort size was 4,100. The cases cancelled was 556. The cases remaining are 11, so the completion rate was 99.7 percent of those who wished to have the surgery.

In the second cohort, the cohort size was 1,149. The cases cancelled were 93, understandably less. It’s a smaller number. The cases remaining are 26, so that’s 97.5 percent completed.

In the third cohort, where the average is 79, the cohort size was 2,336, and the cases remaining are 412. That’s largely the omicron, but the pre-omicron, as well — the delta wave as well. We started seeing postponements, particularly in the north and in the Interior, starting in September. That number is 81.4 percent.

The completion rate of orthopedic surgeries is higher than the general rate — for those who wish to proceed with their surgery.

S. Bond: Thank you very much for those numbers.

Can the minister provide for us how many hours operating rooms ran for orthopedic surgeries in 2019-2020 and then again in 2021-22?

Hon. A. Dix: If it’s all right with the member, that’s something we can get. Again, it’s really a detail. We could wait for a while, but I don’t think the member wants to do that.

I would say that what we’ll try to provide is 2017-2022 on, and show the hours. The 2018-19 and ’19-20 were really good years, because that had been a focus of our efforts, right? So we went from roughly 14,000 to roughly 18,800 in one year, which was pretty good and made a real difference for people. You see that reflected in the numbers. I don’t think we will have done as well in the most recent year. But we’ll get that breakdown of data.

What I would say on orthopedic surgeries, especially given the ratings that our orthopedic surgeons and our teams have received from CIHI in the last number of weeks on wait times…. Again, I really want to emphasize this — that being number one in Canada, but completing it within the guidelines 72 percent of the time, is not where we want to be. We want to be within the guidelines of way higher than that — like 90 percent. That’s our ambition.

Just because we’re better than everyone else on these measures, and previously, we were — depending on the measure — in seventh or eighth or ninth place doesn’t mean we’re satisfied with that. We want to keep going. I think the spirit of the surgical renewal initiative, which is to expand the utilization of the health care system and use innovation to address the real problem of people waiting for surgeries, is something that shows the public health care system at its best, and I’m very proud of all the doctors, nurses and administrators involved.

S. Bond: Certainly, we’ll wait to receive that data.

I’m wondering if the minister can also provide — and again, I’m happy to have it be provided later in writing — how many orthopedic surgeries were completed in the past year compared to 2019. And if it’s possible — I don’t know if the data is disaggregated — how many of those would have been postponed due to things like COVID-19 or staffing issues? Or, let’s face it, we had emergencies. We had wildfires. We had floods. So I don’t know if that data has been disaggregated in that way, but it would be very helpful to know that.

My last part of this question is: how long was the average wait for orthopedic surgery over the last year?

[4:45 p.m.]

Hon. A. Dix: There are some aspects to that number, that information, which I think…. You’ll remember when we gave this information on a weekly basis, and then it’s compiled in the surgical renewal reports that we’ve done. The cancellations are on a week-by-week basis. We can probably get information about what proportion of those were orthopedic surgeries, but they would have been all kinds of surgeries.

The first round of cancellations was different than the subsequent rounds. The first round of cancellations of non-urgent scheduled surgeries was more general, if you will. We learned from that. Essentially, we went from March 16 to May 22 doing what we usually do, which would be in the high 6,000s of surgeries a week to, in some weeks, as low as, I think, 3,200 or 3,300. Those were the urgent scheduled surgeries and the emergency surgeries.

In the more recent rounds, we’ve been much more selective. Some surgeries, including some day surgeries, continued in places such as Interior Health, where they were more general, where there weren’t cancellations of surgeries in that time. The surgeries that were cancelled in the more recent period — it’s not that they were affected much differently than the first round, but other surgeries continued on while a proportion of those deferred.

So let me just give you the number for the last number of years. A baseline is 14,378. That was ’16-17. See, I was pretty close here. In ’17-18: 15,391. Then we had the big boost in ’18-19 and ’19-20, when we did, both years, about 18,700 surgeries. And then the last few years, the actuals went down in orthopedic surgeries to 15,300 both years, essentially. So it’s more than we were doing prior to the interregional surgical renewal, but not as many as we did in the big years of ’18-19 and ’19-20. Obviously, we’re looking to pick that up this year.

S. Bond: Well, thank you for that. I’m glad that the minister was reasonably close. I was wondering about those numbers when he came up with them so quickly. And I’m watching the facial reactions of the staff to see if they think you’re accurate or not, so I know. I’m having trouble actually putting a piece of three-hole punch paper in the binder at this part of the afternoon, and the minister’s spouting numbers.

All right. I do want to speak about regionality, because it is important. We do have an issue, and I think that I would like to hear the minister’s sort of reaction and what’s going to happen. People need knee replacements wherever they live, so let me just walk through this for the minister.

Last year about 30 percent of patients had to wait more than the recommended maximum of 26 weeks to receive a hip or knee replacement. But if you look at Northern Health’s number, between January 1 and March 31 of this year, the number was over 50 percent, so the number is considerably higher.

At UHNBC, in fact, some patients who received knee replacement surgery during that time had to wait 96 weeks. Now, you can imagine. It’s bad enough waiting 26, but there certainly are examples of 96 weeks.

In Kamloops, the total length of the orthopedic surgery wait-list has increased since before the pandemic. It’s gone, according to my numbers, from 1,100 to 1,800. So we’ve got longer wait-lists and certainly a very extended waiting period in some parts of the province.

Can the minister describe for us, and certainly for those of us who live in those parts of the province, what specific steps the minister is doing to support those health authorities who are grappling to make sure that there’s regional equity when it comes to orthopedic surgery.

Hon. A. Dix: I think we’ll start…. I think the member was referring to the CIHI numbers. I’ll just take the member through it.

Even this past year, those numbers are an improvement, significant improvement, in both Interior Health and Northern Health over the situation prior to the original surgical plan and then the surgical renewal plan.

[4:50 p.m.]

As I’ve said to the member, I think it’s important not to view the results on hip and knee replacements first in Canada as being our target. That’s not our target. Our target is much better than this for patients.

The impact, in Northern Health, of COVID-19 in this past year…. The member and I have talked about this many times, so I don’t need to reflect on it. I don’t think I can let the occasion pass without expressing my gratitude to everybody at University Hospital in Prince George. I think that’s a debt that all of us will hold them in for a long time, and at the hospitals that support people around B.C.

The impact, in Northern Health, on surgeries was, I think, by far the most significant because (1) the surgical infrastructure is less in Northern Health, and (2) the COVID-19 pandemic hit harder and hit longer in 2021 — there’s just no disputing that — in Northern Health than anywhere else. We’ll talk about COVID-19 on Thursday or whatever. It’s not important to reflect on all of the detail of that, but it’s just true.

The member is quite right that our overall numbers, the B.C. numbers, are significantly better than Canada’s, after they were significantly worse. Also contained within them, in a couple of health authorities…. Interior Health is not the main one of those; Interior Health is essentially at the provincial average, but Northern Health is well below. According to the CIHI report, which is based on all the raw data that is provided by different health authorities across the country, it’s 48 for hip and 49 for knee, within the 26 weeks, which is not where we want to be.

What we’re doing there, as part of surgical renewal, is looking at what we can do, because the priority that I gave…. This was recommended by the people who really authored the plan — Michael Marchbank and Kristy Anderson, the assistant deputy minister who’s sitting behind me. One of the objectives was to address long-waiters, and we gave priority to people who were waiting longer than the clinical benchmarks. How do we do that? We’re looking at all solutions in Northern Health to see that that happens, because nothing can be a universal success unless it’s felt everywhere.

People were waiting too long for hip and knee replacement surgeries in Northern Health, and there were reasons for that. But what we have to do is work systematically through that and try and provide care. It is of concern to me. Why orthopedic surgery is important to me, and to lots of people in B.C., is that when people are waiting, they don’t get better, right? We see that; there’s a reason for it. We’ve had, I think, exceptional success. We’ve got to work with our teams around the province to improve that and to find different ways.

I’ll suggest this to the hon. member. It may not just be…. We’ve got to address and we hope for a period of greater calm around COVID-19. Some of it will be addressing it and returning to increased capacity in those regions — as we have, for example, in diagnostic care — but we can’t leave anything off the table to address that. It’s an absolute priority for our team in the Ministry of Health, for our team in Northern Health, led by Cathy Ulrich, and for me.

S. Bond: Well, thank you to the minister. Certainly, I would echo the minister’s thanks to the people who served in the Northern Health region during the pandemic, and before and after. It was a very difficult time, and I have a great deal of gratitude. I also know that they, though, have issues that are enhanced when it comes to where we live. This is a perfect example of it.

I know the minister, as an MLA — as have all of my colleagues — had people come to their offices or call them about the pain, the delay and the time it takes for them to receive the care that they need. I think what’s really important to me is that the minister understands what a priority this is for people in northern B.C. — they shouldn’t be waiting that long — and that there are specific regional strategies that actually deal with the inequity that’s in the system.

[4:55 p.m.]

Before I move on to the next section, I want to ask a couple more things about orthopedic issues.

On March 16, the minister made some comments regarding making up the surgeries that were postponed during the first three waves of the pandemic.

The president-elect of the B.C. Orthopaedic Association, Dr. Cassandra Lane Dielwart, wrote to the minister to express concerns and request a meeting. In fact, the letter was very straightforward and referenced the fact that the Orthopaedic Association had concerns about an ongoing crisis when it comes to orthopedic staffing, all of those kinds of things.

I simply ask the minister this. Has he met with the president-elect, and does he plan to do that?

The Chair: Minister, before you answer, if you’re interested, after this, in a little bit of a break. It’s your call.

Hon. A. Dix: We’re always in your hands, hon. Chair. I leave those critical decisions to the Chair and the Clerk.

The Chair: I know it’s been quite a while for you. That’s why.

Hon. A. Dix: I’m easy. We may want to take a short break. We kept it tight last time.

The Chair: Okay. That’s fine.

Hon. A. Dix: Can we make it a five-minute break, not a ten-minute? Then you can….

Interjection.

Hon. A. Dix: No. I think we were good last time. So we’ll do that.

Our surgical renewal team has worked with orthopedic surgeons, so I expect that I will.

I would say this. These aren’t my results. These are our results, including orthopedic surgeons. I mean, going from seventh to first and eighth to first and seventh to first, in terms of outcomes for people, real people, is a tribute to the surgical renewal plan, to the commitment of the government, I would say, but also to the commitment of orthopedic surgeons and nurses and medical device processing technicians and health care workers, who have been critical to that effort.

I think people have been waiting too long for orthopedic surgery in B.C. I’ve felt that for a long time. When I became Minister of Health, I did something about it. So I am very proud of them. They have the 50th percentile on second place and the 90th percentile on the first place. We gave emphasis to the 90th percentile for those waiting the longest.

Yes, I received the letter and, of course, heard the comments. I take that as a positive thing. I have ambitions too, to do better, not just to be number one but to be a better number one. I’m very proud of that work.

I want to emphasize the issue, and it’s something that I hope to meet with the member about as well, of services in the North. One of the other priorities has been diagnostic services, which affect orthopedic care. We went from, I think, in the North, in terms of, for example, CT scans and MRI exams…. We’ve dramatically improved. We’ve dramatically improved all of those services such that, in Northern Health, in 2016-17, we went from 6,331 MRIs to 17,059 in 2021-22. That doesn’t happen without significantly more staff and resources and effort. On CT scans, similarly, from 39,000 to 53,000.

If, anywhere in B.C., they weren’t getting that level of diagnostic care, it was in the North. We took action. We, again, used the public health care system, maximized the resources in the public health care system, to achieve our goals. I expect to do the same thing on surgery as well.

It is not the fault of anybody in the North that COVID-19 hit the North the way it did for months and months and months. We lived that. The member and I lived that together, I would say, on that question. The health care system responded by flying a lot of people around the province to address it. The outcomes for those people….

There are a lot of people who are walking around today because those steps were taken, but they weren’t steps taken by me. I didn’t move people to the planes and fly them down. It was health care workers. This is one of the legacies of COVID-19 that we’ve got to address and that we fully intend to address.

With that, we’ll take five minutes, maybe….

You’ve got one more. Okay, sure.

[5:00 p.m.]

S. Bond: I just have one more question. Thank you very much.

I certainly want to emphasize that I don’t think it’s a partisan issue to be grateful for health care workers and orthopedic surgeons and others who have done extraordinary work, but it is important to hear from those orthopedic surgeons when they have concerns as well. I know the minister understands that. Certainly, I think it would be productive for the minister to have a meeting with the president-elect and walk through the concerns that she expressed.

My final question is related to a specific case that I know the minister is probably aware of. My colleague is not here, but I’m happy to raise it. It’s certainly…. It’s an issue related to a 16-year-old young boy that was diagnosed with scoliosis in November of 2021.

At their first appointment with a specialist, the cur­va­ture in his spine was at 88 degrees. As of April, it was 93. So the young man’s scoliosis is so severe that his surgeon wants to operate immediately, but several challenges have emerged, related to staffing and administrative issues, and there has been no date for surgery.

I’m wondering if the minister can advise me whether or not B.C. Children’s Hospital is providing orthopaedic surgeries. If not, when will young people like this young man be able to access the care that he requires?

Hon. A. Dix: The answer is yes. I think it’s on full complement.

I know the case. Her colleague, the member for Penticton, has raised the case personally to me and advocated. I just want to say on the record, because people need to hear this. We had two detailed discussions about the case. The member for Penticton — we can’t say his name here — he’s been a strong advocate. I’ve heard the issue.

Issues of the…. I can’t go into the details of the case. The leader of the opposition will understand why. But I want her to know — and I made it clear to the member for Penticton — that we, of course, have done what we can do and what we do, which is ask questions and so on.

We’ve obviously heard the plight of this young person. That has been heard in my office, in the Ministry of Health, at B.C. Children’s. They deal with exceptional things at B.C. Children’s, but they’re continuing to provide such care. The actual decisions around the timing of things get made, as they should do, by doctors.

The Chair: With that, we’ll take a five-minute break. Thank you so much.

The committee recessed from 5:02 p.m. to 5:09 p.m.

[P. Alexis in the chair.]

The Chair: I recognize the member — Leader of the Official Opposition. Pardon me.

S. Bond: Soon to be a member of the opposition, I might add.

Hon. A. Dix: Always a member of the opposition.

S. Bond: Well, not always, hopefully. We’re working on that.

Hon. A. Dix: Always optimistic.

S. Bond: Okay, back to business. To the minister, for his staff, we’re going to move to the capital plan. I have a few questions — obviously, a massive budget investment.

[5:10 p.m.]

Not surprisingly, I’m going to start with University Hospital of Northern B.C. The minister knows that we have had a significant wait as we wait for a business plan, so perhaps the minister can update me on what the status of the business plan for UHNBC is. Will it be approved this year, and when will we have the opportunity to have shovels in the ground on that project?

Hon. A. Dix: This is an important project, for some of the reasons that we’ve just been discussing. It’s obviously not just about surgical renewal, I think, and about surgeries. But it is partly about surgeries. People who have not been to University Hospital of Northern B.C. would be amazed at the work that happens in surgery there and in other services with basically a late-1970s operating room.

We’ve got to upgrade that, and that means we can upgrade and also provide more cardiac care services in the North, which is a major priority of, I think, the whole health care community and the whole community in Prince George, I would say.

A concept plan was approved. What that means is that it’s in the ten-year capital plan, so the money is there. The approval of the concept plan was in September of 2020. I’m doing that from memory. For some reason, that date sticks in my mind. The business plan was to take 18 to 24 months, and we’re on track, I think. It would be my expectation….

What happens when you have the business plan approval? It’s a significant moment. Even though the concept plan means it’s in the ten-year capital plan — the money is there, and the money has been set aside — the approval of the business plan leads to it going into the three-year plan in the budget.

Then you’re proceeding. The schedule of moving forward is in the business plan, so when that’s approved, all that will be laid out. It’s an important priority item in Northern Health. Northern Health is doing, as the Leader of the Opposition will know….

Maybe I’ll try “Health critic” for a little while. I’ll try that, so I don’t have to….

Interjection.

Hon. A. Dix: I know — Health critic for a while.

We’re doing major capital efforts in Terrace, with new mills; in Fort St. James, with the new Stuart Lake Hospital; in Dawson Creek, with the new Dawson Creek hospital; and in Quesnel with a new ICU there. But the University Hospital in Prince George is not just Prince George’s hospital. It’s the North’s hospital, and it’s a high-priority item, so we’re proceeding.

We’re at various stages of construction on those other projects, and the next one for the North is University Hospital. You should expect the business plan and kind of that area. It’s sort of the final stages now. Then we announce that, and then we proceed to all the other stages after that. It takes a while to build a hospital, but we have them for a long time. That includes the various requests for qualified bidders and then the request for proposals and construction.

S. Bond: It is an important project. We serve as a regional hospital. It is long overdue.

I guess I want to reiterate one of the big concerns that I have, and I see it regularly. We are fortunate enough that we have the Cancer Agency Centre for the North, which has alleviated some of the travel concerns for people who are facing cancer. But we still have a challenge with cardiac care.

There are people travelling regularly, being flown from our community to other communities for basic cardiac care. I simply want to…. I don’t have the time to pursue that at any great length, but the minister knows how important that is to me and to my community.

[5:15 p.m.]

It’s simply not acceptable that we continue to have to send our residents to other communities to deal with something we have the capacity and capability of dealing with, particularly when we have a new UHNBC.

The second project I want to speak about is the second hospital in Surrey. Obviously, Surrey continues to grow. Perhaps the minister can confirm for me some of the specifics related to that project as succinctly as he can — an update on service planning for the hospital and what assumptions were used to determine that 168 beds were sufficient for current and future population estimates.

Hon. A. Dix: I don’t want to rank the projects near and dear to my heart, because there are a lot of projects, and it would be a very, very challenging thing, but this one is one of those projects. The total project cost, as announced when the business plan was approved, is north of $1.6 billion, which would make it the largest contribution to a provincial health care project in the history of British Columbia. So it’s a significant project.

The layout of the project, both on the cancer side and on the hospital side, was based on both projections of demand, which is important, and also on its relationship with Surrey Memorial Hospital. That includes, obviously, addressing the issue of cancer care, which I think we’re going to discuss in greater detail tomorrow.

What’s happening and what will happen in Surrey is that it’s going to go from the youngest community in B.C., and then it’s going to revert to the average of the province. In other words, you’re going to see very significant growth in the older population. So in addition to the cancer services provided at Surrey Memorial Hospital, it was felt that would be an ideal place to put a new cancer centre, including a very significant increase in capacity.

The decisions around the hospital, around the selection of the site of the hospital, were based on those projections by Fraser Health that it makes and its relationship with the existing major facility in Surrey, which is Surrey Memorial Hospital.

It’s no small project. It’s going to make an enormous difference. It really complements a suite of initiatives to support health care in the region: the major investment in Langley Memorial Hospital; the major investment in Peace Arch Hospital; the continuing investment at Surrey Memorial Hospital; the upgrade, of course, of Royal Columbian Hospital; the very significant, almost-new project at Burnaby Hospital that includes a cancer component at Eagle Ridge; and so on.

These are, of course, very significant proposals based on that work. I think, as well, because of the site, it does contain capacity should that be required in the future for increases. That was one of the reasons why we were looking in that area.

It’s a very significant project for the community of Surrey, one it has been asking for and waiting for, for a long time. To move it forward in this way was, I think, a significant achievement for Fraser Health. It’s going to be an exciting day for everybody in Fraser Health when it opens.

S. Bond: Perhaps the minister could just answer these questions with a number, or yes or no. Can the minister confirm if maternity services will be provided, and if so, what?

Hon. A. Dix: In the case of maternity services, the focus of the hospital is what I described — a whole variety of services.

[5:20 p.m.]

For maternity services, the goal in the region is to continue to expand out and support those services at Peace Arch and Langley and, obviously, at Surrey Memorial Hospital. Not everything is in every hospital, and in the case of the forward planning for the second hospital in Surrey, that wasn’t part of that. But of course, it’s to maintain those services at Peace Arch, maintain those services at Langley and, of course, maintain the very significant maternity services at Surrey Memorial Hospital.

S. Bond: How many clinic out-patient visits will the hospital be able to accommodate annually?

Hon. A. Dix: We’re happy to get back to the member on that. We have lots of detail but not that particular detail.

S. Bond: All right. Perhaps this one will need to be provided later as well. How many in-patient, out-patient surgeries will the hospital be able to accommodate annually? I’m assuming that will need to be provided later as well, so I’ll go on to the next question.

ER visits in Surrey, as the minister will know, are expected to increase from 153,000, which was the number in 2016-17, to 221,000 in 2026 — or, if you do the math, by 68,000. Over ten years, if we work on the math, that means an average increase of 6,800 ER visits.

The emergency room, though, in the service plan has only 55 treatment spaces, which, as the minister outlined in last year’s estimates, will accommodate 78,000 visits, suggesting that Surrey’s overall ER capacity will be at its limit, if growth continues, within two years of the new hospital opening.

Could the minister just speak to the issue of concern that we have that we’re about to open an emergency room that will be basically not able to manage capacity after two years?

Hon. A. Dix: With respect to the Surrey hospital, maybe I can pre-empt some of the questions. Of course, ED visits formed part of the planning. Let’s remember: new ED in Langley, new ED in Peace Arch, in addition, both with increased capacity there. The number of visits that will be accommodated at a second Surrey hospital is a significant number.

That planning was done in order to prepare a business case for a project which does have a very significant cost — $1.66 billion is the estimated cost — and which will meet the needs of people in Surrey. But they also include the in-patient beds, 168, the emergency department — we were talking about that — the medical imaging department that will include CT and MRI, the surgical suite, the pharmacy, the laboratory, the academic space.

The cancer centre will include an oncology ambulatory care unit, chemotherapy, radiation therapy, functional imaging including a PET-CT, a cyclotron and space for six linear accelerators. Five will be equipped at the opening. The scope of the project — we were talking about this issue earlier — will also include a child care centre.

That’s a significant project to meet the needs of people in Surrey. I suppose there is always going…. There may be the new position, which is that the $1.6 billion budget based on the work of Fraser Health is not enough. But the decision had been taken not to proceed with the second Surrey hospital. I didn’t agree with that decision, and that’s why we’re building one.

S. Bond: I certainly know what the hospital is going to include. I want to be sure that when we’re talking about a hospital that’s costing the taxpayers of British Columbia $1.6 billion, it actually has growth potential. Looking at emergency room visits actually matters, and it has 55 treatment spaces. We’ll leave it there.

I’m going to move on to Burnaby Hospital. The completion date for the Burnaby Hospital has been delayed from 2025 to the fall of 2027. Can the minister explain why?

[5:25 p.m.]

Hon. A. Dix: In terms of the Burnaby concept plan and the approvals for that…. The new build was delayed slightly. There was a nine-month delay in the procurement process at the request of a number of people who were looking at seeking to build the hospital. So there was a nine-month delay there.

[H. Yao in the chair.]

We’re proceeding with the hospital. We expect phase 1, which is the new build, to be completed at the end of 2026. Then, obviously, there’s going to be subsequent improvements as well. That’s what’s happened.

It’s such an important project. Again, a new in-patient tower, with 116 patient beds, 110 of those net new. An integrated cancer centre and support services. Those are significant increases in terms of the overall cost of the project.

S. Bond: I think I’ll just cover one more on the capital plan, in terms of the questions I have for today. Then I may forward some additional ones to the minister.

In the service plan, it shows the completion date for the emergency department pediatric unit and the morgue have been delayed at Royal Inland Hospital to 2025. Again, can the minister explain the reason for that delay?

Hon. A. Dix: It was great to be at Royal Inland recently and meet with staff there, considering all the remarkable work they’re doing.

In terms of approvals on a hospital project, this was the first project I’ve dealt with. Phase 1, of course, is substantially completed, and they’ll be accepting patients soon.

[5:30 p.m.]

I understand phase 2…. Work with the proponent has been delayed by a couple of months. I don’t believe that’s a significant delay, although we never like to see delays. I understand it’s been delayed for a couple of months.

We’ve been ticking off the boxes on this project, the approvals of the requests for proposals. We’ve met our time frames for the project in the first phase. That substantial completion was achieved three months ago. The new project…. The patient move in is in July. Then the second phase is targeted for the end of 2025, which, as I understand from staff, is a couple of months’ delay.

S. Bond: I’m going to move on. If I have additional capital questions, we’ll just submit them in writing to the ministry and, hopefully, get the answers we require there.

I want to talk about medical imaging. I have a number of questions, but I’m going to try to limit them to just a couple for now. I may come back to this at some point, because it’s very important. The questions I want to deal with at the moment relate to breast cancer imaging.

Can the minister tell us what initiatives are underway to ensure equity and access for patients requiring breast MRIs? As I understand it, there may only be one breast MRI, and it’s located in Vancouver. So could the minister speak to the issue of access when it comes to breast MRIs?

Hon. A. Dix: What we’ll do…. We’re just getting some up-to-date information on that. So when I have it, I’ll do that. Perhaps the member could ask any follow-up questions. I just don’t want to delay us now when it’s a matter of fact that we’re seeking. Then, as soon as we get the information, we’ll provide it — and either do it before the end of today or first thing tomorrow.

S. Bond: I appreciate that. I’m going to just ask a question regarding…. I may come back to breast cancer imaging in just a moment.

I am concerned about whether or not the ministry is considering a provincial inventory and replacement strategy for medical imaging equipment. We have heard that there’s significant concern about that. Combined with….

[5:35 p.m.]

Is the government looking at a strategy to ensure the replacement of critical infrastructure, not just the machines but also renovations and redevelopments, in necessary locations? Basically, is there a strategy to deal with the inventory, a replacement strategy, and to look at the infrastructure that’s required as well?

Hon. A. Dix: A couple of things. Firstly, as the opposition Health critic will know, we’ve gone from 175,707 MRI exams in 2016-17 to 296, 211 in this past year, this year of pandemic. That’s an increase of 120,504 exams, and nowhere more than in the Northern Health Authority and the Fraser Health Authority. How have we done that? We’ve done that by using existing MRIs more effectively, more efficiently, and by operating many of them 24-7, others of them 19-7. This has had a significant affect.

Since August of 2017, we’ve added 17 net new MRI machines, so they’ve been operationalized: three in Interior Health; five in Fraser Health; two in Vancouver Coastal Health; four on Vancouver Island — I won’t list them all; two in Northern Health; and one at Children’s Hospital. That’s 17 new machines, and using the existing machines more.

Yes, the challenge…. When you look at hours, for example, we’ve gone, in terms of operating hours, from 2,766 operating hours provincewide to 4,631 hours, operating-wise. When you’re using machines more, it does have the affect of wear on the machines.

That said, of course, the assessment of that is part of our plan. And, obviously, when we purchased 17 new machines on the base of machines…. Consider that we have 42 total MRI machines in B.C. The 17 net new MRI machines have obviously done a great deal for the inventory of machines that we have across the province in all of the health authorities in B.C.

So we’re using the machines. We’re using them more and more efficiently. We do have an ongoing…. It’s essentially a minor capital replacement strategy. But the core of our strategy, of course, has been to add new machines, and when you add new machines, they’re, obviously, expected to have a significant lifespan.

S. Bond: Thank you for that. Obviously, we need to make sure that we continue to replace and make sure that we’re looking at the whole infrastructure that is necessary for that medical imaging to continue to increase.

I want to ask the minister what new initiatives and additional funding is dedicated to improving access to breast cancer imaging, and, specifically, what action is being undertaken to increase equity in access to tomosynthesis?

Can the minister provide an update on whether or not a fee code will be created for it?

[5:40 p.m.]

Hon. A. Dix: With respect to the fee for breast tomosynthesis, the process is that a fee is submitted, and there’s a review of that. That’s where we are right now in that process.

The Chair: Recognizing the member — the Leader of the Official Opposition.

S. Bond: It’s okay. Soon I’ll be a member of the opposition. We’ve gone through this. Let’s stretch it out as long as we possibly can.

I’m just going to provide two other questions, and I won’t expect answers now, but hopefully we could be provided with this information. If the minister could provide us…. What is the backlog for ultrasounds, CTs and MRIs across B.C. as a result of cancelled or postponed appointments over each wave of the pandemic? So if the minister could just provide in writing what the current wait times are for an ultrasound or an MRI in B.C., that would be most helpful, and also provide us….

I know that my colleague canvassed very ably, last estimates session, the issue of dense breast imaging. The minister, at the time, said there is work underway. It’s ongoing work. I would very much appreciate an update on what has been accomplished on that file.

With that, I’m going to turn the floor over. We’re going to talk about EHS.

I’m going to begin with my colleague from Sea to Sky, and he is going to begin those questions.

J. Sturdy: Thank you to my leader for the opportunity here. Given the limited amount of time, I’d like to go through a range of issues in the Sea to Sky, and then I’d like to touch quickly on VCH and capital projects in the Sea to Sky as well.

I wouldn’t expect an answer, necessarily, right now. We’d be happy to see one in writing at a later date.

It’s certainly interesting to learn from the minister’s letter that there’s a scheduled on-call shift, which is in place in 26 stations around the province. It was part of the recent collective agreement. It’s hard to understand how working a 72-hour shift is in anybody’s interest at any time, and this is coming from someone who has worked more than a few 24- or 36-hour shifts. I can’t imagine a 72, but it seems this view is shared, as at least one or possibly two of the positions on Bowen Island have not been filled to this time and have been open for more than several months.

[5:45 p.m.]

I understand that Lions Bay is filling these Bowen Island shifts from the Lions Bay part-time roster on a spareboard basis. I cannot understand how that could be cost-effective. How many of these scheduled on-call cars have been out of service as a result of the mandatory rest period over the last several months?

Is the unit chief position on Bowen still vacant, or are you still recruiting for that particular position? I understand it has been hard to fill, as have these scheduled on-call shifts. Is BCEHS looking to amend the pattern to be more local in nature, I guess I’d have to say?

With regard to the Sea to Sky BCEHS moving from a Bravo Foxtrot to an Alpha Kilo pattern, while I recognize it has increased the number of FTEs, it hasn’t in fact had the impact of reducing shoot times, as kilo shifts have no 90-second response time, whereas the Bravo Foxtrot shifts do. So you’ve got one car responding quickly. The second car doesn’t necessarily respond quickly because it doesn’t have that requirement as a kilo. How is this being monitored? How are we assessing? Are we assessing response times in the corridor?

The minister had sent a note to me suggesting that there are two transfer cars based in the Sea to Sky, but my understanding is that those transfer cars start in the Sea to Sky and head directly into Metro. If there’s a patient to carry into Metro, they’ll carry them; if not, they’re going empty. If there’s a patient at the end of the shift coming back into the Sea to Sky, then they’ll carry the patient; if there’s not, they’re empty.

So it really is not, in essence, a transfer car. They’re transfer cars based out of the Sea To Sky, but not transfer cars serving the Sea To Sky. Is there any consideration to actually putting these transfer cars or maintaining transfer cars in the Sea To Sky?

There was, historically, an operational dispatch guideline that Sea to Sky cars that are on a transfer are to be returned to the Sea to Sky immediately, unless they are, essentially, the closest car to a code 3 call in Metro. That guideline was implemented in a very patchy way. Many times, cars will end up in Metro and just work in Metro until they time out and then head back to the Sea to Sky, which leaves the Sea to Sky underserved. Is this guideline still in existence? Is it adhered to? Is it being enforced?

The last question, with regard to BCEHS and the Sea to Sky…. I believe the Charlie car, the winter Charlie car in Whistler, was not put in place this year. Why was that? Is that, in fact, true? Will it be put in place for next year? I think it’s a critical piece to provide better customer service, a better guest experience, better service to the community overall.

Then my questions with regard to capital in the Sea to Sky. As I think the minister understands, we saw growth rates of 22 percent in Squamish, 18 percent in Whistler, 34 percent in Pemberton. We have long wait times to get into our only long-term-care facility, Hilltop House in Squamish. I understand that obstetric services at Squamish General are maxed out.

When we talk about complex care, our population in Sea to Sky averages, I think, 38 years old. We did an assessment: it was 38 years old, five bicycles, two dogs and 1.75 kids. Nonetheless, there is an aging component of the community, and long-term care is important.

Family practices are closing — I think the minister is well aware of that — and there has been a promise to do a strategic plan for infrastructure in the Sea to Sky: for the Squamish hospital, for long-term care, for our Whistler clinic and the Pemberton clinic. It has been delayed for a couple of years as a result of COVID.

When will we see this plan come forward? What participation do the communities have in the development of that plan, as well as the health care foundations, which play a critical part in the capital piece?

[5:50 p.m.]

One other suggestion that came out of my meeting with the Pemberton physicians is that they noted that a nurse practitioner comes with a $75,000 overhead supplement. If that overhead supplement were available to the family practice practitioners, life would be more tenable. Has the minister considered adding that to the fee schedule?

Hon. A. Dix: Here we go. First of all, I think there are lots of detailed questions here, and I know the member would want us to review those. This is probably not the forum that he wanted to get those on the record. I understand the role of opposition MLAs and the deal and what they’re doing. He’ll understand my role in making sure he gets answers to those questions.

Over my left shoulder is Leanne Heppell, who’s the new CEO of the B.C. Ambulance Service. She took on that responsibility in July. For those of you watching on TV, it’s my right. She’s on my right, just to be clear.

That’s Kristy Anderson, our ADM, who does a lot of our lead work on acute care, on my left.

We’ll work through some of those. There is a unit chief on Bowen Island. We are looking, obviously, at the impact of schedule-on-call now that we’re effectively through the first years of the collective agreement. There’s been very significant work to hire people. Cars do get moved around, but the member knows all of that stuff.

So what I’d suggest and what I will ask Leanne Heppell to do is give the member a call so that we can go through those issues. And I’ll respond in writing, of course, to all of them as well. But it may be more useful to him, given both his expertise and interest in the area, that we do that.

With respect to Hilltop House, it’s absolutely the case that the Sea to Sky area requires an increase in long-term-care beds. They’re not alone, and we’ll have that discussion on Monday, I think. We’ll talk about the issue more generally on Monday. I don’t want to occupy time with my kind of broader response.

[5:55 p.m.]

I think it’s fair to say that there are two key capital issues with respect to health-authority-owned and -operated facilities, which are getting rid of multi-bed rooms. We’re doing that in significant ways in different places. Primarily, those are in health-authority-owned and -operated facilities, which weren’t really built for a long time. They haven’t been built for a number of years. A lot of our health-authority-owned and -operated facilities are older, and we need more beds in them. We need to utilize that space more to meet that demand.

The member is correct when he says that it’s a younger population. I think he and I went through the details of that, around issues of vaccination, in March and April of 2021 — both the youth of the population but also the importance of vaccination for younger people, as well, at that time. That’s true.

But like Surrey, I would expect his area of B.C. to actually age more quickly than the rest of the province, because they’re starting from a lower base. There’s always going to be a young population in Sea to Sky. There’s always going to be that. But there’s also going to be an increasing number of people who are permanent residents of the community — as opposed to people who might visit the communities and return to their home communities — who are getting older, like he and I. So that long-term-care question is really critical. It’s the use of that.

In some places, of course, in B.C., we deal with that with contracted providers. That has challenges, because that’s 70 percent of our system — public beds, private, not-for-profit or for-profit facilities. But in our health-authority-owned and -operated facilities, we also have to have both more room but, I would argue, also, where we can, as soon as possible, a decanting of multi-bed rooms.

The member will know — it’s no secret — that a family member in a multi-bed room, throughout the COVID-19 pandemic, every day of it…. I understand that at a personal level and also the need for beds close to home.

Across the North Shore…. I know nothing irritates people in his community, in the Sea to Sky portion of his community, more than for us to respond to questions about Sea to Sky by talking about West Van and North Van. But across the North Shore, there is important remediation to the health care facilities that are health-authority-owned and -operated on the North Shore, including, and most particularly, the largest of those facilities. That is Evergreen, which I think contains 256 beds in multi-bed rooms and a total of 272 beds. Frequently people living in the member’s constituency are there.

That’s a remarkably big capital project. We talk about $1.6 billion to the Surrey hospital. These are different capital projects, but they’re quite expensive.

Hilltop House is one of those facilities which has the potential for expansion, in my view. It’s an area that I think merits that expansion.

We’ll continue to keep the member informed on that issue and on issues throughout the North Shore and then out to the Sea to Sky portion of the Vancouver Coastal Health Authority.

On primary care, we’ve had extensive discussions already, so I won’t re-engage with the discussion I’ve had with the Leader of the Opposition. Obviously, it’s a significant issue coming at this stage in the pandemic, a very challenging issue. It’s very challenging in lots of communities. Different communities also have some unique circumstances and considerations. It was raised in question period.

We’re working, and have been working, hard on the Ucluelet question, which shares some things in common with some of the communities in the member’s constituency.

Some of the people who gave us some of the best advice around COVID-19 work in Whistler and were at the heart of the challenges faced in Whistler — the nature of primary care in a community that can have vastly different populations at different times of the year, in addition to everything else. While there are provincewide solutions, there are also, in communities such as Whistler…. It’s different in Squamish, which is a different kind of community. Those communities also have specific challenges that we’re working through. So ambulance service, long-term care, primary care.

Back to you.

The Chair: Recognizing the Leader of the Official Opposition.

[6:00 p.m.]

S. Bond: Thank you very much to my colleague. I know how much he cares about his constituency, and I look forward to the minister providing further information to him about the specific questions he had.

I want to ask some very specific questions about emergency health services and B.C. Ambulance. Of the 295 additional full-time and part-time paramedic positions that were posted by BCEHS in early July, how many have been filled? How many are net new?

Obviously, the information can be provided to me at a later date. It looks like there may be a bit of a struggle finding it. Let me add some additional details that I’m interested in. I would also like to know how many of these positions are in rural areas. That’s incredibly important to us.

I guess when we’re talking about adding capacity to the system…. It’s one thing to have part-time, full-time, FTEs. All of those things matter. What we really want to know is how many cars are available, adding additional capacity. What we want a sense of is, yes, what the net new hired numbers are, whether they’re full-time or part-time. But we also want to know how that is operationalized so we actually see an increase in capacity and how many of those positions are in rural areas.

I will leave that question. I will add another one to it. Perhaps this answer is available. How many vacancies are there for paramedics and dispatchers in each health authority in the province? And can the minister give us a breakdown for the different part-time, casual and FTE?

[6:05 p.m.]

Hon. A. Dix: I think I’ll take the member through some of the numbers, and if there are more, I’d be happy to provide them. I suspect we’ll be talking about this into tomorrow, so that’ll be an occasion to give the details on that.

The vast majority of the new positions in urban areas have been filled, and about half of those, I would say, in rural areas have been filled. That’s the general answer on the incremental positions. I don’t mean existing positions; I mean incremental positions.

Of interest is the change from casual on-call to regular employees, which is a fundamental change at the B.C. emergency health services and at the Ambulance Service, both on the side of dispatchers and paramedics.

To go year by year, in the numbers we have here: 31st March ’17, 63 percent casual, 37 percent regular. This past year, March 31, 2022, 41 percent casual, 56 percent regular. This is a vision of the Ambulance Service that I think is broadly supported by ambulance paramedics and communities.

The member for West Vancouver–Sea to Sky will know that it’s not without challenges, because many people grew up in the previous system and made adjustments and changes to their lives to deal with that. But that is a significant change to the number of permanent employees, as opposed to casual employees. The Ambulance Service will need to continue along that path in the coming months and years.

That transition is a fundamental one. I think for us to be sitting as we were, at 37 percent permanent employees in an ambulance service that has a central role everywhere in the province, was not the right path. We’re on the right path, but it’s not a path without challenges and difficulties.

What we’ll do is provide some provincial numbers. Ambulance Service is a provincial service, so we generally don’t provide those numbers by health authority. But we do have data on full-time and part-time and on, shall we say, the cities, the larger communities and rural and remote communities — largely because they have different kinds and structures of ambulance services in those places, as the Leader of the Opposition will know.

One thing I would say. In 2021, we saw a significant gain in productive hours, and that’s excluding overtime and leave, which indicates that the new recruits have not simply replaced departing staff, which is sometimes the concern. Is it net? Is it not net? In 2021, the productive hours for paramedics increased by 49 percent, and productive hours by dispatchers increased by 14 percent. Obviously, the ratio of regular, as I’ve just described, to casual employees has changed significantly.

Significant improvements. The 115 full-time positions and 20 dispatch staff between 2017 and ’19. The creation of 177 full-time paramedic positions in 24 rural stations to ensure 24-7 emergency coverage — that is happening now. The creation of a further 295 permanent part- and full-time positions. This includes 152 permanent full-time positions by converting fox standby shifts and the introduction of 143 new permanent, part-time, scheduled on-call positions. These positions, as a group, became operational in November and December.

Additional part-time, scheduled on-call positions were added in 26 smaller communities. This was a list of communities. I won’t read it out here, but we’ll provide that information to the opposition. I think we have actually provided it to you before. Those are some of the…. Those positions in 26 smaller communities came into place in August of 2021.

These measures were in addition to, as I noted, the 271 part- and full-time positions added earlier in 2021 to support the scheduled on-call and new Alpha 24-7 stations.

So a fundamental transition of the Ambulance Service, and I want to acknowledge the significant role of CUPE Local 873 and their work with us on these questions. They work very hard to represent their members, but in some ways, these changes represent a joint vision in the collective agreement process.

[6:10 p.m.]

We did change the nature of the collective agreement process for ambulance paramedics. They were part of a larger health sector prior to my becoming Minister of Health. We created a new negotiating table, essentially, for them. We arrived at, really, the first negotiated ambulance paramedic collective agreement of its type in a long time, which is a real tribute to the union. Lots of people said that would be very difficult to do, and it was done. At its core were service improvements and service increases.

The other thing I would say about the Ambulance Service is finally, as we provide detailed and community-level information…. We’re happy to do that to the opposition Health critic and the Leader of the Opposition. I’ll interchange them. We’ll get them down. We’ll get used to it. I never like to anticipate, you know? I never like to anticipate, but sometimes people just choose not to come. But I don’t think that will be the case in this case, of course.

What we’ve seen in the last few years, and particularly the last year, is a 28 percent increase in calls. We’ve seen that at a time when we’ve seen virtually a doubling of 811 calls. People will say: “Why don’t you mitigate that through other means?” Well, 811 has essentially doubled its capacity to take calls and to respond to peoples’ needs. A very significant increase in purple and red calls, and the member from West Vancouver will know what that means. It means now, right?

You can only respond to that with…. Innovations are needed. You can’t just respond to that with innovation. You need to respond to that with people, and that’s why we’re hiring so many people.

S. Bond: Thank you to the minister for that information. I want to be very specific about what we need and what I would like to receive from the ministry. We are not talking about created positions. We’re talking about filled positions, so we want to know exactly how many of the positions have been filled and what the breakdown is in terms of geography.

I wasn’t sure that I caught that carefully enough. I’m not sure if the minister said he could not provide us with specific health authority detail or whether he simply had to go get that information. That is obviously critical. That relates to part-time casual and FTEs across health authorities.

I will just give the minister the rest of the specific questions that I have, because I want to move on to a couple of other important topics. No need to respond to these right at this moment.

Each day, on average, how many scheduled paramedic shifts and how many scheduled dispatcher shifts go unfilled? How many paramedics and dispatchers have left their positions in the past year? Is the conversion — the minister referenced this — of the 24 ambulance stations to 24-7 staffing and the 26 smaller ambulance stations to a mix of scheduled and on-call staffing complete? Those are the questions I have that are specifically related to staffing.

I’m going to move on to ask about mental health impacts and what is being done to provide support there. Can the minister tell me what additional funding has been provided for clinical support for paramedic and dispatcher staff and families? We know…. Well, we don’t. We certainly do our best to try to understand the circumstances that paramedics and families face.

What specific steps is the minister taking to support the mental health impacts that paramedics and dispatchers face? We know it’s an issue that’s been raised, and it’s a critical piece of the work we do to make sure that people actually choose to continue in this profession. They need to be properly supported. Can the minister identify for me how much additional funding has been set aside for clinical supports for paramedic and dispatcher staff and families?

[6:15 p.m.]

Hon. A. Dix: A couple of issues. For the critical incident program, which we announced we would be expanding in the summer of 2021, we’re in the process of hiring the leadership positions. There has been lots of consultation with the union. There’s a specific number that is between $3 and $4 million that supports that additional program; that’s significant. In addition, there are significant other programs in place.

That was the basis of a successful program that provides proven and effective support for front-line staff — the expansion of that program, in addition to the partnerships we have with WorkSafe and the payments we’ve made, under the collective agreement, to support access to treatment for substance abuse issues. Also, we’ve been working together with a vendor named FreshWorks to develop and pilot an app-based mental health support and education tool tailored to the needs of front-line employees. That was released, internally to BCEHS employees, earlier this year. Those are some of the significant steps; there are more.

This is, I think it’s fair to say, for the union, in these times — and for others — a significant issue, to say the least. Ambulance paramedics have been living in their own particular way in a time of two public health emergencies and facing stresses to their mental health that are significant. That’s why the investments in these programs, at the time of the collective agreement — and the new programs we’ve talked about that we’ll start to put in place in the summer of 2022 — are so significant.

With respect to overall attrition rates, it just shows the difference. We’ve seen a reduction in attrition rates for full-time ambulance staff since 2018, a reduction in part-time staff and an increase in casual and on-call attrition. We don’t want to draw too many conclusions from that. It’s an important thing, it seems to me, to show the value of full- and part-time positions in an ambulance system. It simply can’t be the system that was in place in the ’70s, ’80s, ’90s and the early part of this century.

[6:20 p.m.]

S. Bond: Certainly, the point of the question — and hopefully, the responses when we get them; I do appreciate knowing what programs are available — is that when we look at the BCEHS figures themselves, they show that increased mental health and overdose calls, increased pandemic burnout and psychological burdens and the wages make recruitment and retention difficult.

The Ambulance Paramedics of B.C. estimate that 30 percent of the workforce is accessing psychological support. BCEHS says mental health–related claims make up 46 percent of its long-term disability claims. There is a significant case for making sure that there are adequate and enhanced supports, from a mental health and wellness perspective, for members who are serving the public in this way.

In the essence of time, I am going to move to an issue that I think was crushing for all British Columbians — I still have difficulty even talking about it: the heat dome that was experienced. Not only was that difficult for British Columbians to understand and accept, but when you stop and think about BCEHS, I’m sure that it was absolutely difficult for people who were not in a position to do what they have been called to do and to serve.

I’m wondering why BCEHS waited until the heat dome was basically subsiding to open an emergency coordination centre. It was June 30. In fact, paramedics were not offered overtime shifts until July 1. I want to make it very clear, to the minister and anyone who’s listening, that this is not about the men and women who serve. It’s about a system that was overwhelmed, overloaded and insufficient.

Almost 600 elderly British Columbians died as a result of that. When we look at the stories, there were up to 200 calls waiting, with lower-priority calls waiting between four and 16 hours during that period of time. If the minister could explain why the emergency coordination centre was not opened until June 30 and why paramedics were not offered overtime shifts until July 1.

Hon. A. Dix: Let’s go through some of it just to provide some overall context to the challenge that BCEHS has faced and the challenge they face every day, just to give you a sense of 2021-22 in that context. The BCEHS triages events from purple to yellow — purple being the most serious events, then red, then orange, then yellow. Just look at the purple events. They went from 9,213 in 2018-19 to 14,169 in 2021-22.

[6:25 p.m.]

Obviously, on the days around the heat dome weekend, we saw not just an unprecedented heatwave that affected people in ways that the hon. member has described and I’ve described. We’ll share with the member the presentation we gave on this subject to the UBCM, talking about the impact on people and the challenges faced by people everywhere and seniors everywhere.

In response to the heat dome — and we’ll come at the end to BCEHS — it reflects on our need to address issues around isolated seniors, in particular, in the context of major events such as this and the need to be able to do that, to reach out more and to have, both as governments but also as communities, the ability to reach people whose social isolation itself puts people at risk. Temperatures, as people know, on June 27 to 29…. We saw temperatures that had simply never been recorded before. I know the member knows this and agrees with this, that it could not have occurred without climate change. So it’s something that we have to prepare for in future.

I think the issue of the declaration of an emergency at BCEHS is an interesting issue. They were making every effort to staff up on that weekend, to say the least. They were receiving, in days, three times the number of calls they would normally expect, which is massive, which is unprecedented. It never occurred before. Of course, it hasn’t occurred, thankfully, since that weekend. The impact was profound, and we saw that impact in the results on outcomes.

It is very difficult, needless to say, to staff up for those circumstances. But that is the challenge before us, and it’s why we’ve taken all of the specific actions I’ve described: new paramedics, new dispatchers, support in rural communities to try and meet that challenge. It’s the challenge of the heat dome weekend.

The member, I think, often speaks about issues in her community. Well, in my community, the heat dome was significant. If you look at one of the areas that saw the most significant effect in terms of death, it was really the area down from Kingsway and Fraser, right down Kingsway to the brow of the hill in New Westminster. That was one of the areas — there were other areas, of course — where we saw the most significant effect of the heat program.

BCEHS did respond. Unlike some other health authorities, I don’t think they made the emergency declaration as soon as other health authorities, through PHSA. But they were acting as if it was an emergency, because it clearly was an emergency. That is a question that they and we addressed. Simply put, they were responding because there was an emergency before them and were, I think, putting enormous effort into recruiting staff on that weekend in order to provide service to people.

The staff who worked on that weekend, the member is quite right to say, worked heroically and diligently. The staff that worked and other first responders did so. But it’s absolutely clear that the service, by a tripling in the number of calls on a weekend at the end of June into July, was overwhelmed and did more than triage. It wasn’t the ordinary triage you would expect in those circumstances, and the impact on people of the heat dome was profound. I’m happy to discuss that at greater length. That’s what happened.

We have responded by changing management at the BCEHS — hiring Leanne Heppell, who has done an excellent job; putting Jim Chu in place as the chair of the board — adding to mental health supports for people at BCEHS; and adding ambulances, adding ambulance paramedics in every part of the province. That’s part of the response that’s needed in order to address the situation, because clearly, even without the heat dome, the capacity demands of the system are profound.

Ambulance Service has received the largest increase of any part of the Health Ministry. In second place, broadly speaking, are issues around mental health and addictions. The ambulance system is number one. In many respects, their challenges are in dealing with the mental health and, particularly, addictions crisis and the overdose public health emergency.

[6:30 p.m.]

Those are the issues around the heat dome. As the member will also know, the coroner is doing a review of those issues as well, and we expect those findings at some point soon. They’re independent, but they’ll be providing that information soon. Obviously, we’re working hard and BCEHS was working hard to both learn the lessons and to respond. That’s why you saw such a strong and continuing response, both before the heat dome and certainly since the heat dome, and you’re going to see that in the coming months to meet that demand.

S. Bond: Again, I want to be clear. This isn’t about the men and women who serve every day. I can’t even imagine how they felt with the lack of capacity they had to respond. In British Columbia, it should be expected that if you dial 911, somebody is going to respond. The fact that during the heat dome, people were driving loved ones all over the place, including to a fire station, and that a person died in the driveway of a fire hall in British Columbia is completely unacceptable, and it’s tragic beyond belief.

The issue had been identified earlier than the heat dome actually occurred. In fact, we learned that in early June, there had been concerns expressed that calls were going up and wait times were declining. Frankly, it took the voices of union reps and others speaking up to talk about the layered-on impacts. It is things like looking at competitive pay models and dealing with the psychological impacts on workers and recruitment and retention.

All of those things were contributing to the fact that the people who are called to do that work could not do what they were called to do. I deeply regret the impacts that they would have felt as a result. I can’t even imagine, because I know how I feel when I even talk about the fact that almost 600 British Columbians died in our province.

My question. I understand completely that the coroner is doing a review. I have a two-part question. The minister made a comment. I remember asking him at the time if he would consider conducting an additional review of what happened. The coroner’s review is a death panel review, and it will talk about the circumstances that led to people’s deaths, but there are broader implications of what happened. Has the ministry conducted a review itself? What lessons has it learned, so that we do not see a repeat of that in the, hopefully, never-to-happen-again situation where we face a heat dome of that magnitude?

Did the Ministry of Health conduct a review of heat dome deaths in addition to the coroner’s upcoming review? What has the ministry learned about wait times? How are we going to ensure that if people in this province dial 911, someone responds?

[6:35 p.m.]

Hon. A. Dix: A couple of things. First of all, with respect to the ambulance service and BCEHS, the member will know we took action. We drew conclusions from it, we took action, and we started hiring. We drew conclusions, and we took action and addressed issues of scope of practices between ambulance paramedics and, for example, the scope of practice of firefighters. We took action with respect to new cars, and that action is being implemented, and we’ll be sharing the details of that with the hon. member.

With respect to BCEHS, I felt, in addition to the massive investment that has been put in place between 2017 and 2021, more action was required. We put together an action plan, and we delivered on that action plan. We’re delivering on it now.

You see that as a response in terms of the increase in productive hours — for example, the ambulance service increasing by 49 percent in a year. That’s action, and we have to continue to take that action because there’s recruitment action, and as we know in other parts of health care, there’s also retention action, ensuring that as we move from one system to another, from a casual to an employee system, that we don’t lose people.

There was a significant plan. Leanne Heppell and Jim Chu have led that plan, and they are delivering on the benchmarks we expect them to deliver on. That didn’t wait for a review. No, that was just action, and you would expect that action to be taken. I think the member, the Leader of the Opposition, will understand the urgency of that action and why we did it with respect to BCEHS.

The investment, as I say, had been large, but we needed more. We needed more given the facts of the heat dome, and we needed more with respect to the ongoing increase, especially in red and purple calls, across the ambulance system.

Also, with respect to the public health issues, the BCCDC has done significant work, and we presented some of that work initially to the Union of B.C. Municipalities last fall. I’m forgetting when, but Dr. Henry, Dr. Henderson and myself presented some of that information and made presentations and talked and had an engagement with the UBCM, as we continue to do on that issue.

In addition, we’re doing work within the government as we prepare for future work. I spoke about the scope of expansion, which was another part of that work. We’ve also put together within government a working group to deal with heat alert and response. It’s work that we’re doing with the Solicitor General and a team within government that includes the Ministry of Health, the BCCDC but, as everyone would understand, other ministries as well — and, in particular, the Solicitor General.

I expect us to report in detail on that, on that work in advance of the summer months. All of that work is being done. It involved the Ministry of Health, the BCCDC, the Solicitor General, other ministries of government and, obviously, the Provincial Health Services Authority. Now the B.C. Emergency Health Services, which is under Mr. Chu’s direction, has its own board.

S. Bond: I’m just looking at the time.

I want to ask specifically if, for example, policy changes have been made about the decision about when to actually put an Emergency Coordination Centre in place. Are there specific actions that have been taken that would change what happened in the last heat dome event? Let’s just quickly start with that. Has there been a change in policy about when to activate that centre?

Hon. A. Dix: Yes is the short answer. That’s within BCEHS, yes. It’s not related to heat. It’s related to call volume and expected call volume, so the answer is yes.

There’s also a different process. The Leader of the Opposition will recall that we had nothing like the heat dome later last summer, but there was, as well, a continuing and certainly more systematic update of people that the Solicitor General and I led through the summer.

[6:40 p.m.]

You’ll see changes on a broader scale as well. BCEHS — the answer is yes. It’s related to call volumes, and it was one of the things put in place by Ms. Heppell under the direction of Mr. Chu and the board. It was obviously a priority and has been a priority in addition, though there are broader issues of information for the broader public because I think everyone will understand that such an issue is not simply a B.C. Emergency Health Services issue. It’s a broader issue, and those issues affect housing, affect seniors’ housing. It affects how we connect as communities.

One of the pieces of work that we did, collectively, in the House…. I do recall calling the Leader of the Opposition in March 2020 and saying we needed to stand up senior services in light of the COVID-19 pandemic, and I asked her to take part in that, and she took less than three nanoseconds to say yes, and we did that. We did some work there. I think there’s some more work that needs to be done in that area, because part of what we’re seeing, qualitatively, is the impact of social isolation.

One has to reflect on all of the efforts for people to isolate in that time and then the impact of maybe those efforts over time, but the reality of it is that we need to address social isolation. That’s why when we talk about seniors care and seniors issues on Monday, we’re going to spend a lot of time, I suspect, talking about the community. There’s a lot of focus, and rightful focus, on long-term care.

There’s also a lot of focus on community care. One of the things that changed in that period from a health authority perspective is that a lot of our community programs were with seniors, which had grown dramatically in 2018-19 and ’19-20, and had been put off, and people weren’t coming into them.

What we need to address — in addition to emergency response, in addition to all the actions that we take on climate change, in addition to all the actions we need to take on housing and the way we develop urban areas as well, it seems to me — is to improve and continue to take steps to improve the extent to which we limit social isolation for seniors.

S. Bond: I think that one of the things that needs to take place is we need to restore confidence for British Columbians. The minister has outlined a number of actions. People need to believe that if they are in an emergency, somebody is going to be there as quickly as possible. Certainly, the cumulative impact of delayed response and all of the things that have happened over the past period of time….

Again, I’m not being critical at all of the people who actually are involved in that work. It’s a system that needs the kinds of changes that have been called for, including by members of the very union that serve.

I don’t need it at this moment, but I would like to have an update on the scope of practice changes that have been recommended related to paramedics and firefighters. We know that that has been an ongoing discussion, and certainly, I’ve often thought about this. British Columbians, when they’re in an emergency, are really not looking at the colour of the uniform. They want somebody who can be there to help them, so I’d very much be interested in what progress has been made there.

I see the Clerk handing the minister his note.

The most important question I probably have to the minister is…. I would assume that not long from now, the coroner will release a death review panel similar to the one that was released regarding toxic drug deaths in British Columbia. We’ve certainly seen that there has been an unwillingness to meet the timelines related to that particular report. Will the minister today commit to looking to implementing the recommendations that are provided by the coroner after looking at the death review panel related to the heat dome?

[6:45 p.m.]

Hon. A. Dix: I think everybody at BCEHS believes, as I believe, that when you call 911 and you need an ambulance paramedic, they come. That’s what we’re working to address. That’s why we’ve dramatically increased the support and funding for the service. That’s why we’ve increased the number of full-time paramedics. That’s why we’re moving from casual to full-time paramedics. That’s why we’re adding ambulance cars.

That’s why we changed and reformed the leadership of BCEHS. Everyone is committed in that direction, because that’s care that’s needed. At the moment you need an ambulance, it’s the most important government service that exists — period. BCEHS — it’s my expectation that they respond to that.

With respect to the long-standing issues between ambulance paramedics and first responders around scope of practice, I asked the emergency medical assistants licensing board to do a review. It didn’t take a long time. They came back within…. I think, ultimately, it was 2½ months. They had an initial report within a month and came back within 2½ months. They met with firefighters. They met with ambulance paramedics. They met with health authorities. They met with people in the area. They made recommendations, and those recommendations are being implemented.

I want to thank both the Ambulance Paramedics of B.C.… The results are my responsibility and not theirs, but I want to thank both the representatives of ambulance paramedics and the representatives of firefighters for their significant and immense contribution to that. They live this on the front line.

I respect their contribution, and I think we’ve made changes that people have been waiting a generation for, the kinds of changes that were brought forward — serious, thoughtful, based on the evidence.

I think for both firefighters and ambulance paramedics, though not everybody agrees on everything, that the issues around scope of practice have been immensely improved. Those changes either are being implemented or are being implemented on the timelines that were put forward and were announced.

With respect to the coroner’s review, what I’ve said is this. I felt, with respect to B.C. Emergency Health Services, there was urgency. We needed more ambulance paramedics. We needed more cars. We needed different leadership. We needed to resolve some of these issues between firefighters and ambulance paramedics because we needed to move forward together.

Those changes have happened. They’re being implemented, and that’s what you would expect, right? That’s what you’d expect after such an event. There were significant improvements before that and investment before that, but we needed to do more. The events of the heat dome demonstrated that, and we did.

Of course the review of the coroner will also inform significantly our thinking. I haven’t seen the review. I haven’t seen the results of that yet and the issues on which it will touch.

I’m sure it will touch on the broad range of issues that are reflected in the information presented by Dr. Hen­derson, who’s an international expert on these questions describing both who is most effective and where they’re most effective and putting forward some action.

Obviously, that’s an appropriate role for the BCCDC, and there’s an appropriate role for the coroner. We look forward to hearing from the coroner on that question and for that to inform future policy.

With that, because we’ve gone five minutes over time, I move that the committee rise, report progress and ask leave to sit again.

Motion approved.

The committee rose at 6:49 p.m.