Third Session, 42nd Parliament (2022)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, October 31, 2022
Afternoon Sitting
Issue No. 243
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
MONDAY, OCTOBER 31, 2022
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
Hon. R. Kahlon: At home watching right now is a gentleman named Greg Hind. Yesterday the member for Surrey–White Rock, the Minister of Labour and I ran into Greg. Greg has memorized every one of our photos. He knows our bios. He knows a lot more about us than, sometimes, even our constituents. He is going to be watching today with his dad. I told him that everybody in the Legislature would be applauding him today, and he was pretty excited about that.
Can the House please join me in welcoming Greg, who’s watching us virtually.
Hon. R. Fleming: It’s a great pleasure this afternoon to introduce a good friend and former municipal colleague of mine. Mr. Alan Lowe is the former mayor of the city of Victoria, from 1999 to 2008. Since politics, he has returned to his thriving architecture practice.
At 38 years of age, Alan became Victoria’s first Chinese-Canadian mayor, 23 years before Vancouver voters finally followed suit, and I want to congratulate Mayor Ken Sim for his recent victory. Alan’s election to mayor of Victoria in 1999 was a fitting and very cathartic way to end the 20th century, which was a century full of painful discrimination, racist laws, a very long struggle for equality and the ultimate perseverance of Chinese Canadians here in Victoria and across British Columbia.
As members will know, Victoria’s Chinatown is the second oldest on the continent of North America after San Francisco. Our friend Alan has been a champion for Victoria’s Chinatown. He’s most recently helped create the Chinese Canadian Museum here in Victoria, in Fan Tan Alley. They had tens of thousands of visitors this summer, the first season that they were open.
Alan also recently organized the 100-year commemoration of a very important but very rarely understood and remembered part of the Chinese community’s struggle for civil rights here in Victoria. In 1922, the Victoria school board suddenly and swiftly announced the imposition of segregation of Chinese students from white students. They designated four derelict schools as Chinese only.
A month ago and 100 years past, students responded by going on strike and boycotting these facilities and segregation policies more generally. For a time, 100 years ago, the Chinese community stood alone, with virtually no allies in the community showing support. Students as young as six, seven, eight, nine, ten years old went on strike for months, carried that battle in the community by themselves against the school board to reverse and eliminate discrimination, and they eventually won. So 100 years ago not only did they stand up; they won.
Alan, to his credit, organized a re-enactment on Labour Day Monday, a month ago. We re-enacted the original march of students. The chamber of commerce was there. Police representatives, multicultural communities and faith organizations were present. The school board read out a powerful official apology about this shameful and painful episode in our community’s history.
I have to say that when you look at the mission of the Chinese Canadian Museum in British Columbia and in communities like Victoria, it is to have a living museum. I can’t think of a more powerful way to do that than to bring hundreds of citizens out to re-enact an event that occurred in our past.
On behalf of all members of this House, I would ask them to sincerely thank Alan Lowe for his continued and important contributions to our community.
May the House make him most welcome, and his friend John Adams, who is here today with him.
Tributes
ANNE EDWARDS
Hon. M. Farnworth: I rise today to inform the House of the passing of Anne Edwards, who was an MLA in this chamber from 1986 to 1996. She was the member for the Kootenays, and she was the first woman Minister of Energy and Mines in the province of British Columbia.
She was predeceased by her husband, Mike Edwards; her sister, Mary-Leone; and her parents. She was a graduate of the University of Saskatchewan in 1955.
She was born in 1935, and she began a career in journalism, working in Saskatoon and Calgary. She got married and had children. She had the untimely death of her husband in 1969, and she moved to the Kootenays, where she raised four kids, being a journalist. If that wasn’t enough, she became an educator at East Kootenay Community College, teaching English literature and composition, as well as business and technical writing. She spent 11 years in academia and then entered politics as the MLA for Kootenay and, as I said, was the Minister of Energy, Mines and Petroleum Resources.
When she retired from politics, Anne devoted more time to writing and tending to her home at Moyie, in the wonderful Kootenays. She authored and/or contributed to a variety of projects, including Exploring the Purcell Wilderness in 1978, and provided the text for Cranbrook: 100 Years of Heart and Soul, which was published in 2004. In 2007, she contributed material for The Purcell Suite: Upholding the Wild and finally, Seeking Balance: Conversations With B.C. Women in Politics in 2008.
She was a remarkable individual, who I had the pleasure of serving with, as did, I know, the member for Abbotsford West. Funeral services will be held later next year, and they will follow with more detail.
On behalf of the B.C. Legislature, we extend our deepest sympathies and condolences to her family.
Introductions by Members
Hon. A. Dix: I wanted to introduce Tatum York, who is shadowing me here today. He’s a student at Langara College and very interested in political science. He’s going to have the opportunity to listen to hours of debate at committee stage. I use the term “opportunity.” It actually will be, I think, really interesting.
I want the House to make him welcome.
B. Anderson: Today I would like the House to please welcome my dear friend Keith Page, who is visiting us from Nelson. Keith was just re-elected onto Nelson’s city council, and prior, he was also serving as the alternate director for the regional district of Central Kootenay. Keith owns a small business — it’s The Repair Factory — and is a strong advocate for right to repair.
He is an incredible housing advocate and supported me with active transportation. He is really into rural tech and making sure that we have a strong rural tech community here in the Kootenays. He’s a proud member of the LGBTQ community, and Keith and I just love to attend many cultural events together, including Shambhala.
Will everyone please welcome Keith Page to the House.
Hon. G. Chow: I also want to echo the welcome speech by the minister to Alan Lowe, as well as John Adams. John Adams is a historian. He has taken a lot of tourists around this area, Chinatown as well. I saw him the other night. It was around eight or nine o’clock, and he was telling ghosts stories to a group of tourists. I said: “Well, that’s a very fitting place to be, around the Legislature. I’m sure there are quite a few skeletons in our closets there.”
Welcome, John.
Introduction and
First Reading of Bills
BILL 41 — WORKERS COMPENSATION
AMENDMENT ACT
(No. 2), 2022
Hon. H. Bains presented a message from Her Honour the Lieutenant-Governor: a bill intituled Workers Compensation Amendment Act (No. 2), 2022.
Hon. H. Bains: I move that the bill be introduced and read a first time now.
I’m pleased to introduce Bill 41, the Workers Compensation Amendment Act (No. 2), 2022. This bill makes important improvements to British Columbia’s workers compensation system.
These improvements include amendments to add a legal duty for employers to return injured workers to work, establish a fair practices commissioner, expand access to independent medical opinions when a medical issue is before the Workers Compensation Appeal Tribunal, require that the interest be paid on benefit payments owed to a worker for more than 180 days following a review or appeal decision, provide an explicit prohibition on employers suppressing workers compensation claims, improve the fairness of annual inflation adjustments to pensions and other compensation benefits, and allow WorkSafeBC to increase the maximum compensation for non-traumatic hearing loss.
These amendments support government’s priorities for the workers compensation system, to enhance worker and employer confidence in the system, ensure fair compensation for injured workers and surviving dependents, have a worker-centric focus and also consider employers’ interest.
With these improvements, government continues its commitment to supporting all those who rely on a workers compensation system during some of the extremely difficult times in their lives.
Mr. Speaker: Members, the question is the first reading of the bill.
Motion approved.
Hon. H. Bains: I move the bill be placed on the orders of the day for second reading at the next sitting of the House after today.
Bill 41, Workers Compensation Amendment Act (No. 2), 2022, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.
BILL 42 — PROVINCIAL SALES TAX
AMENDMENT ACT,
2022
Hon. S. Robinson presented a message from Her Honour the Lieutenant-Governor: a bill intituled Provincial Sales Tax Amendment Act, 2022.
Hon. S. Robinson: I move that the bill be introduced and read a first time now.
I’m pleased to introduce the Provincial Sales Tax Amendment Act, 2022. This bill amends the Provincial Sales Tax Act to authorize an additional major events municipal and regional district tax on sales of short-term accommodation. This tax will be separate from the current municipal and regional district tax, or the MRDT, that applies in over 60 areas throughout British Columbia.
The amendments provide that an additional major events MRDT of up to 2.5 percent can be imposed upon request in a designated area where the Minister of Finance is satisfied that an event is a major international tourism event of provincial significance in or near the area.
The amendments to the Provincial Sales Tax Act also include transitional provisions that relate to both the current MRDT and the new, additional major events MRDT to provide clarity on which applicable tax rate is payable depending on when accommodation is purchased, as well as to provide regulation-making authority for the new tax.
Following enactment of these amendments, orders-in-council will allow specific municipalities, regional districts or eligible tourism-focused not-for-profit associations to have the major events MRDT temporarily applied in their jurisdictions for the purpose of raising funds dedicated to paying for the costs of planning, staging and hosting designated major international tourism events.
Mr. Speaker: Members, the question is the first reading of the bill.
Motion approved.
Hon. S. Robinson: I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.
Bill 42, Provincial Sales Tax Amendment Act, 2022, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.
BILL M215 — PROVINCIAL SALES TAX
(USED PASSENGER
VEHICLES)
AMENDMENT ACT, 2022
P. Milobar presented a bill intituled Provincial Sales Tax (Used Passenger Vehicles) Amendment Act, 2022.
P. Milobar: I move that a bill intituled Provincial Sales Tax (Used Passenger Vehicles) Amendment Act, of which notice has been given in my name on the order paper, be introduced now and read for a first time.
Mr. Speaker: Continue.
P. Milobar: As British Columbians face a worsening cost-of-living crisis, people are looking to their leaders for relief. Right now 42 percent of British Columbians report being less than $200 away from insolvency at the end of each month, 51 percent of people are saying it’s becoming less affordable to feed themselves and their family, and 46 percent say that transportation has become less affordable. It is clear that action is needed to help people cope with skyrocketing costs.
This bill, the Provincial Sales Tax (Used Passenger Vehicles) Amendment Act, would amend the changes around taxing used vehicles made last spring that took effect in October and set the PST rate of zero percent for vehicles costing less than $20,000 that have been previously purchased and driven at least 6,000 kilometres. This measure would provide up to $2,400 of tax relief on used vehicle purchases and would help many people who can’t afford an electric vehicle and who are facing increased costs of living.
This measure would take effect whether it was purchased on a lot or in a private sale. As everything from gas to groceries to housing gets more expensive, we must take steps to finally provide real, tangible support to the millions of British Columbians who are struggling to make ends meet.
Mr. Speaker: The question is the first reading of the bill.
Motion approved.
P. Milobar: I move the bill be placed on the orders of the day for second reading at the next sitting after today.
Bill M215, Provincial Sales Tax (Used Passenger Vehicles) Amendment Act, 2022, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.
Statements
(Standing Order 25B)
COMMUNITY INCLUSION MONTH
A. Walker: As October draws to a close, there is still time to recognize and celebrate this month as Community Inclusion Month in British Columbia. For the past 24 years, the province has proclaimed this month to highlight the rights, achievements and contributions made by people in our communities living with developmental and intellectual disabilities.
October has been a month to celebrate inclusion and diversity as well as a time to recognize the dedication of volunteers, individuals, self-advocates, families, friends and caregivers who continue to provide supports and care while working to create inclusive communities for all British Columbians. During this month, communities all across this province held events to build awareness about inclusion for people with diverse abilities.
The last two years have been exceptionally challenging, especially for British Columbians living with developmental and intellectual disabilities who have faced an increased risk of poverty and isolation.
Inclusion B.C. has been a long-standing champion for Community Inclusion Month, and this year they are shining the light on the importance of inclusive housing, employment, health and well-being and Indigenous culture. They work with community partners to enhance the lives of children, youth and adults with intellectual and developmental disabilities and their families. They also help build relationships and support vibrant, diverse and inclusive communities where everyone can feel as if they belong.
In the constituency of Parksville-Qualicum, we are fortunate to have the Inclusion Parksville Society and the Clay Tree Society, both founded in the 1950s to serve clients with diverse abilities and their families, the Nanaimo Association for Community Living and other social service agencies, and of course, the countless home-share providers offering highly personalized care and support in our community.
I would like to invite all members of this House to join me in recognizing October as Community Inclusion Month as we work together to make our province a champion for inclusion.
DONALD VOTH
B. Banman: Today I rise to acknowledge the recent, unexpected passing of Don Voth. Don led a truly amazing life. Don had a strong entrepreneurial spirit, owning several construction companies, branching into real estate development and, in his later years, farming.
Don was born on September 9, 1949 in Chilliwack and was the eldest of four kids. Don married the love of his life, Elma, and they were married for 53 years and raised three children. Don and Elma welcomed nine grandchildren into the family and was a very proud papa. He attended anything they chose to do and was a huge cheerleader. One of Don’s favorite things to do, which brought him immense joy, was when he was surrounded by family and friends enjoying dinner on the home patio, and on many a summer night he did exactly that.
Don was known not only for his socializing at home but often could be found at either a Starbucks or a White Spot. He had a love of iced Starbucks coffee and White Spot burgers with extra Triple O’s sauce. In fact, after his celebration of life, those who attended were treated to exactly that.
Don was also an avid car nut. His passion for automobiles started at a young age, and he was fortunate enough to own a huge collection, a few of which were prized Foose cars. I recall him telling me the story of Elma’s grocery-getter, a ’65 Chevy Impala named the Imposter, which was highly modified to fit on a 2009 Corvette platform. I had the privilege to see this car in person, and when Don brought it up to the Abbotsford Tradex, it was indeed breathtaking. It won the highly coveted 2015 Ridler Award, one of the most prestigious automotive awards.
Don also had a great sense of humour and gut-laughed when I jokingly mentioned the reason the Imposter weighed so much was due to excessive Bondo, a joke perhaps only true car people can understand.
But by far, Don was a man of faith. He devoted much of his time serving various boards, and he was not shy about it as he shared his faith with friends and colleagues alike. He will be sadly missed. Rest in peace.
ART HIVE COMMUNITY ART STUDIO
AT CAMPBELL RIVER ART
GALLERY
M. Babchuk: I’m very excited to highlight a wonderful program that’s happening in the core of the city of Campbell River. The Art Hive is a community art studio that welcomes everyone as an artist. It’s an inclusive and respectful space of learning where people can respond creatively to things that matter to them. Inspired by the project walk with me, which is developed in response to the illicit drug toxicity crisis, it brings together diverse stakeholders to reframe the crisis and imagine new ways forward.
While participating in the walk, the Campbell River Art Gallery quickly realized the impact it was having on folks — not just the physical walk and the storytelling but the fact that members of our unhoused community had a place to go that was consistent, where they felt empowered and valued. After participating in the walk, they listened to the cultural leaders, and they were clearly asked to keep this going.
For our community front-line workers, families and people with lived and living experience, this crisis can feel insurmountable, but out of this extraordinary initiative, this outstanding program began. The program is now entrenched in the Campbell River Art Gallery and was created for the unhoused community to create art with peer staff member Agnes Thomas and facilitated by artist Nadine Bariteau.
This program is changing people’s lives, allowing them to channel their energies through their creativity all while being embraced by the community as a whole. Although they receive some funding from the city of Campbell River through the art gallery, they’re sustaining the program and the artists by screen-printing T-shirts with Indigenous designs created by the program’s participants and selling them through the gallery and at community events. For the artists, this has been a game-changer.
In conclusion, I’d like to congratulate the Campbell River Art Gallery and its executive director, Sara Lopez Assu, for her compassion and leadership, her vision and dedication to the unhoused population in Campbell River.
MAUREEN MACKELL AND
SQUAMISH HELPING
HANDS
J. Sturdy: Today I’m pleased to recognize someone who has devoted herself wholeheartedly to making sure no one in the Sea to Sky gets left behind.
Although she’d be the first to acknowledge the work of her team and of the community, Maureen Mackell is truly an extraordinary citizen. Maureen has served as the executive director of Squamish Helping Hands since 2010, leading the organization that provides safe and secure food and shelter for homeless and at-risk members of the community.
Maureen has had an outsized impact on support services in Squamish. Her latest venture was as a driving force behind the development of Under One Roof, which is a facility in downtown Squamish. Under One Roof is an integrated hub providing supportive housing, food programs, connectivity and compassion for homeless and at-risk. It seeks to build pathways — I think this is really important — to independence for vulnerable people.
The new building, located in downtown Squamish, opened in October, 2020. It is a collaborative project between the district of Squamish, Squamish Helping Hands and partners with B.C. Housing, Squamish Food Bank and Vancouver Coastal Health.
In Maureen’s words: “Ultimately, we strive to help people find and rebuild their own capacity and agency, leading to meaningful and productive independence.”
In June, the Rotary Club of Squamish presented Maureen with the Paul Harris Fellow Award for her service to the Squamish community. This is the highest award that a Rotary Club can bestow on a non-Rotarian and is given to those who work to support the community and make it a better place to make sure that no one gets left behind. The Paul Harris Fellow Award is named after one of Rotary’s founders and has been awarded to the likes of U.S. President Jimmy Carter, polio vaccine developer Jonas Salk and Mother Teresa.
I’m sure you will all join me in congratulating Maureen on her award and her inspiring contribution to the community.
RICHMOND CARES, RICHMOND GIVES
CHRISTMAS
FUND
H. Yao: It will be November soon. Just as Costco in Richmond is displaying Christmas decorations, toys and chocolates, many British Columbians are in the process of planning their celebration of the holidays with their loved ones. However, some British Columbians don’t have the financial means to prepare a festive meal, let alone purchase gifts.
That’s why I’m grateful to Richmond Cares, Richmond Gives for hosting their annual Richmond Christmas fund. Richmond Christmas fund distributes grocery vouchers to individuals and families in need. Children 11 and under also receive toys, books and sports equipment, while youth aged 12 to 17 are given gift cards.
The program is well supported by many Richmond residents, businesses and community groups. This year, Richmond Cares, Richmond Gives is offering a variety of opportunities for the community members to come together and support.
The eighth annual Richmond RCMP toy drive will be taking place at Lansdowne Centre, next to the Canada Line, on November 19 from 8 a.m. to 1 p.m. Richmond RCMP is asking the community to bring a new, unwrapped toy for the Christmas fund or make a minimum $10 donation and get a bag of warm, mouth-watering mini doughnuts. This event will be filled with excitement, with the promise of a dunk tank.
From November 21 to December 7, there will also be online auctions with hundreds of items for bidding. No matter who wins the silent auctions, the community of Richmond will come out on top. The link will be available soon on the Richmond Cares, Richmond Gives website.
On December 7 at the Newport Centre in Richmond, an in-person event called Not So Silent Night will be happening. The event will feature a carefully curated selection of food and drinks, holiday-themed entertainment and the exclusive live auction, with some truly jaw-dropping luxury packages. Tickets can also be purchased on the auction site.
For anyone who is interested in supporting Richmond Cares, Richmond Gives, please call 604-279-7020.
RECOVERY FROM
WHITE ROCK LAKE
WILDFIRE
T. Stone: It was August 2021 when nearly 30 homes and businesses in Monte Lake and the Paxton Valley areas of my riding were destroyed by the White Rock Lake fire. Losing your home is an incredibly traumatic event — fleeing the danger, no longer having a roof over your head, losing precious family items and facing a long road of uncertainty.
But perhaps the worst feeling of all is the feeling of being forgotten. It breaks my heart to have constituents wonder where the help is, nearly 15 months after their lives were changed forever — families with no drinking water, because they can’t afford to put in a new well, and water lines were burned in the fire. Imagine toting water up from your neighbour’s house every time you need to flush the toilet or spending a second winter freezing in a trailer during cold snaps of minus 35.
Today only four homes have been rebuilt, and it was an outside agency, the Mennonite Disaster Service Canada group, that completed the work. The organization coordinated every detail, worked diligently with contractors and with the TNRD and spared residents any sort of stress or concern. The Mennonites descended into the community to rebuild homes but also helped with debris cleanup, and they even raised $5,000 from their own volunteers to help those who lost everything.
“Too good to be true” is how Paxton Valley resident Lynda Hanton felt when she moved into her new home.
Then there are residents like Anita Jacobsen in Monte Lake, whose home was spared. Her home was one of two out of approximately 45 that didn’t lose anything. She said: “We were spared, but our neighbours weren’t.” She took it upon herself to raise more than $30,000 for her neighbours in need, saying: “These are hard-working, everyday people, and they are facing tens of thousands of dollars in debt after this fire.”
She recently shared that as proud as she is of her hard work raising these dollars, she’s also frustrated and angry, because she, as one person, doesn’t think she should be required to do it. She implores those responsible for taking care of our citizens in their most dire times of need to please step up and do more to help.
Oral Questions
INCIDENTS IN NORTHWEST B.C.
AND ACTION ON COMMUNITY
SAFETY
S. Bond: Over eight months ago, masked, axe-wielding assailants violently attacked workers and a construction site on the Morice River. Last week eight vehicles, including four RCMP vehicles and an ambulance, were burned in Smithers, in another brazen criminal act.
Yet there have been no consequences for these attacks, which come on top of the escalating violence and disorder that we see in communities right across British Columbia as a result of the behaviour of prolific offenders. Apparently, under the NDP, the rule of law no longer matters.
When is this Attorney General going to take some action so that people in our province can begin to feel safe again?
Hon. M. Farnworth: I thank the member for her question.
I’d like to take this opportunity to point out that when she makes an outrageous statement that we don’t take public safety seriously, she should know that in the case of the events that took place up on the pipeline, Morice River, last fall and the reprehensible and despicable attack on the police vehicles that took place just recently, there is an ongoing RCMP investigation into that. That member knows that. The police are doing everything they can to ensure that those responsible for those acts are brought to justice and charged and prosecuted.
Investigations don’t just happen with the wave of a wand or a flick of a switch. They need to be thorough and comprehensive to put together a strong case. To somehow suggest that because the police have yet to lay charges or conclude their investigation that that does not matter to government, or that is being dismissive of public safety, is erroneous, and the member should know that.
Mr. Speaker: Member for Prince George–Valemount, supplemental.
S. Bond: What this member does know is that in community after community across British Columbia, people feel afraid, they feel unsafe, and they want this government to do something and take action to deal with that in their communities.
Every single day in this House and in British Columbia, there is one serious issue after another. In fact, we have an Attorney General that continues to fail to do his job.
Let’s talk about his record when it comes to the job that he’s done. His MOU with only the Wet’suwet’en Hereditary Chiefs…. We’ve heard very little about any progress that he has made. He was paid $142,000 as a facilitator, and apparently that was a complete waste of money. And his soft-on-crime approach has done nothing more than embolden criminals in British Columbia. Frankly, he has been hopeless on this file, and it is time that he stepped up and did his job.
A simple question to the Attorney General: when will violent criminals who are causing havoc start to feel consequences again in British Columbia?
Hon. M. Rankin: We are, of course, working with the Wet’suwet’en. We have tried to get them to agree, with the federal government, to attend a summit. We continue to hope that that will take place.
The root of this problem, as the member well knows, is the decision of the Supreme Court in the Delgamuukw-Gisday’wa case, a case with which we’ve been working with the hereditary chiefs in the Wet’suwet’en as well as the other members, elected chiefs, of the Wet’suwet’en for many years. It’s no secret to this House that there’s great disagreement on the issue of the pipeline.
Notwithstanding that, we are trying to find a way forward using a memorandum of understanding approach, and we will continue to try to get those negotiations concluded in the interests of everyone in this province.
GOVERNMENT ACTION ON
REPEAT OFFENDERS AND
DIRECTIVE TO CROWN COUNSEL
E. Sturko: For over six months, we’ve called for a directive to prosecutors to put community safety ahead of the criminal’s right to reoffend. But just like the push-back experienced by their own expert, Doug LePard, the NDP continue to push back on our call to get tough with violent prolific offenders who breach their conditions over and over again.
The next Premier’s own handpicked expert, Doug LePard, confirmed this is a unique B.C. problem because of government policy not to remand violent prolific offenders.
Will the Attorney General table the legal advice he is relying on to avoid taking action on violent prolific offenders?
Hon. M. Rankin: I thank the hon. member for her question.
On Friday, I had the opportunity after question period to speak to Mr. LePard, and I can confirm that we are very much on the same page. My counterparts in other provinces agree that repeat violent offenders — people out on bail — is an issue across this country, an unintended consequence of federal bail reforms and Supreme Court decisions.
To clarify, the data that Mr. LePard commented on was for total remand populations, not specific to people who had committed repeat violent offences. More recent Statistics Canada data, in fact, shows that fully half of the provinces and territories have fewer people in remand than before the pandemic.
Repeat violent offences are an issue across Canada. The Conservative Manitoba Justice Minister, Kelvin Goertzen, said, after our meetings in Halifax, the following: “The Manitoba government came with a clear message that too many violent offenders are being granted bail only to then victimize someone else while on bail. I was pleased that all provinces agreed that there needs to be changes to federal bail provisions in order to protect our communities.”
This is a problem that has to be addressed on a national basis. We are doing so. I’m determined to get the federal government to step up and do their part in bail reform and address this issue, just as we are working closely with local governments to make sure we have the supports needed, the enforcement measures necessary to take concrete action.
They’ll be announced. There’ll be discussion later with our colleagues across government so we can have an all-of-government response, and things will be announced shortly.
Mr. Speaker: Member for Surrey South, supplemental.
E. Sturko: Well, I’m glad to hear that the Attorney General is on the same page as Doug LePard. He must agree, then, that they have been pushing back on stricter bail conditions for violent prolific offenders that are putting our communities at risk by breaching their conditions over and over again. You know what? It’s happening every day, all over this province.
Recently in Prince George, a prolific offender with a history of dangerous driving and trying to flee police was released and then rammed three police vehicles.
Last week in Victoria, a woman was sitting in the living room of her own home when rocks smashed through her window, hitting and cutting her face in another violent random attack.
On the weekend in Vancouver, five people were stabbed in less than an hour. A man was slashed in the face, and another victim in Chinatown was attacked by a stranger with a knife.
Since the incoming soft-on-crime Premier was named Premier-designate, nearly 50 people have been the victims of random violent attacks in Vancouver.
How many more victims must be assaulted before the NDP puts the rights of people to feel safe in their communities above the rights of violent prolific offenders to continue to cause harm in these communities?
Hon. M. Farnworth: It’s funny. I hear, across the way, commenting because I stood up. It’s funny, because the member across the way was complaining the other day that I don’t stand up. I guess you can’t keep the opposition happy.
Anyway, I thank the hon. member for her question, and I want to point out a number of things. First off, we take this issue incredibly seriously. That’s why we worked with local government to put together the LePard report to put in place what additional recommendations government could be initiating to deal with the situation, because it is unacceptable that there are random stranger attacks. Police are doing everything that they can to deal with that.
At the same time, what we have also seen and that we recognize is that these types of crimes that we’re seeing involve, often, people with mental health, substance abuse addictions and violent criminal records. That’s one stream.
We also see the antisocial behaviour that we saw the other night in Downtown Vancouver, which is caused by people drinking far too much and confrontation with groups of people that know each other. The police are dealing with that as well. They made a series of arrests and charges in relation to those events.
But what we also want to do is…. We can change the laws and see changes in the laws that have brought unintended consequences that made it difficult to deal with some of those violent offenders that concern all of us in this House.
That’s why it was crucial that we had the meeting that we did in Halifax, where every single Solicitor General and Attorney General from across the country and the provinces and the territories all agreed that we need Ottawa to make some significant changes that allow us to deal with some of these issues.
As I’ve said before to the hon. member, we have reverse onus when it comes to firearms. We’d like to see that on other kinds of weapons, as well, that people engage in violent attacks on people with. We are determined to make that happen, just as we’re determined to make sure that there are supports in place to deal with the mental health and substance abuse problems that people are facing.
It is a comprehensive approach that’s been taken. It’s a comprehensive approach that this government is committed to. It is a comprehensive approach involving local government, the province and the federal government that we are going to continue to work to until we get the results that all of us want to see.
GOVERNMENT POLICIES ON
FOSSIL FUEL INDUSTRY AND
EXPANSION OF LNG CANADA PROJECT
S. Furstenau: Last week the incoming Premier said: “We cannot continue to subsidize fossil fuels…. We cannot continue to expand fossil fuel infrastructure and hit our climate goals.” This seems like a pretty clear statement, but I would like to get it on the record in the House.
To the Minister of Mines, can he assure the public that there will be no phase 2 expansion of LNG Canada?
Hon. B. Ralston: In fact, our government eliminated the largest fossil fuel subsidy in B.C., the deep-well royalty program. We’ve also eliminated other outdated, inefficient programs, such as the marginal well, the ultramarginal well, the low productivity well rate production and the clean growth infrastructure royalty programs. Those royalty programs have been eliminated.
In fact, that was noticed, and we received some recognition from members of the public.
This one may be familiar. Let me read it and I’ll identify the person afterwards. “Kudos to the Ministry of Energy, Mines and Low Carbon Innovation and the B.C. NDP for eliminating the deep-well royalty credit in B.C. This was the most egregious B.C. Liberal oil and gas sector handout B.C. ever saw. Literally, B.C. gave out more credits than it earned in royalties.” That was Andrew Weaver on Twitter, May 23, 2022.
Mr. Speaker: Leader of the Third Party, supplemental.
S. Furstenau: I guess some things never get tired for this government. However, what they aren’t tired of is not answering questions, apparently.
I didn’t ask about oil and gas subsidies. I asked about whether LNG Canada will be expanding into phase 2, which would be entirely contrary to what their incoming Premier has said on the record, which is: “We cannot continue to expand fossil fuel infrastructure and hit our climate goals.”
Let’s see what others are saying about this government’s climate record. Last week, they got an F on their climate change report. They have known who the incoming Premier will be for months.
They all support him. Surely, they should be able to answer this straightforward question about his priorities and, I’m assuming, their government priorities. But perhaps because this government is meeting with the owners of LNG Canada regularly, and LNG Canada very much intends to expand to phase 2 of its plant, despite the fact that LNG Canada will make it impossible for us to meet our targets, despite the fact that this province is experiencing climate crises on all fronts….
My question, again, is to the Minister of Energy and Mines. Will there be an expansion to phase 2 of LNG Canada in B.C.?
Hon. B. Ralston: In this very turbulent time, when energy security is vital around the world yet our climate targets are very important as well, it’s vital that we strike a balance between those two objectives.
As government, our role is not only to work with LNG projects on their permit requests but, importantly, to ensure that these projects benefit all British Columbians by providing jobs and training opportunities for the people who call British Columbia home, providing British Columbians with a fair return on our resources, respecting and forming meaningful partnerships with First Nations and meeting world-class standards and best practices for environmental protection.
By that, I mean our CleanBC program. No project will proceed unless it fits within the emission targets set out by CleanBC.
2030 WINTER OLYMPICS BID PROPOSAL
DECISION AND ROLE OF
FIRST NATIONS
M. Lee: Last week we learned from the Minister of Tourism that the Premier-designate has abruptly slammed the door on the Indigenous-led 2030 Olympic bid, the first of its kind in the world. “Blindsided” is how Chief Wayne Sparrow of the Musqueam Nation describes the decision.
To the minister, when did the Premier-designate make his decision to kill this Indigenous-led Olympic bid, and why weren’t First Nations allowed to meet with the next Premier before he made his decision?
Hon. L. Beare: I want to begin my answer by first thanking the four host First Nations as well as the Olympic committee here in Canada. They mounted what is an incredible bid, the first First Nations–led bid.
It’s a model that truly deserves to be applauded and one that I hope the IOC takes a look at, moving forward. I know the nations are extraordinarily disappointed. This was a difficult decision.
We were asked by the committee, after we received their proposal just a few weeks ago, to provide a letter of support to move forward into the next targeted dialogue for the Olympics. After cabinet reviewed that proposal, we ultimately decided that the costs and the risks compared with the benefits, as well as the priorities that our government is focused on — like health care, like public safety, like education…. We ultimately decided this wasn’t the right time to pursue the bid.
I know that’s extraordinarily disappointing to the nations. We are sitting here in Victoria right now, so I did meet with the nations on Monday to relay cabinet’s decision and offered a further follow-up meeting to the nations to talk through the decision if they wish.
I remain excited to work with them on all aspects of reconciliation, moving forward.
Mr. Speaker: Member for Vancouver-Langara, supplemental.
M. Lee: It’s a simple question. And nobody believes this wasn’t a decision of the tainted incoming Premier who spent day after day protesting…
Mr. Speaker: Member.
M. Lee: …the 2010 Olympics as a radical activist.
Mr. Speaker: Member. Member for Vancouver-Langara, I encourage members not to get personal.
M. Lee: We’re referring, Mr. Speaker, to the incoming Premier here.
Mr. Speaker: You don’t need to use this kind of language in the House. Let’s be respectful.
M. Lee: Thank you, Mr. Speaker. I think it’s important, though, to understand why the incoming Premier wouldn’t even meet with the four host First Nations leading the bid prior to killing the bid. It was highly disrespectful not to do so.
Coun. Wilson Williams of the Squamish Nation calls it a kick in the teeth and says: “We were suffocated in a true colonial process.”
Again, to the Tourism Minister, when did the Premier-designate make his decision, and why didn’t he even respond to the First Nations requesting a meeting?
Hon. L. Beare: This journey has been a year long in the making. We were approached by the nations a year ago about the province possibly supporting a bid for 2030. That work has been ongoing for a year, alongside the nations, the municipalities and the tourism partners.
We received the host proposal in the past two weeks. Cabinet reviewed that proposal, and cabinet made a decision that, ultimately, the $2 billion in direct costs and risks were just far too great and that we would not be able to pursue the bid at this time. I relayed that information to the nations and have provided an opportunity for them to meet with me in person to discuss that, if they wish, and I will continue to work with those nations, moving forward.
We’re doing work on reconciliation…
Interjections.
Mr. Speaker: Members.
Hon. L. Beare: …every single day in our government, whether that means the historic event we had last week here in the Legislature where we removed the barriers for jurisdictions for children and families to be covered by the nations. You know, this is work we’re doing every single day, and we’re going to keep doing that.
T. Stone: Well, it’s outrageous, in these very simple questions, to hear the minister respond by essentially refusing to acknowledge that what we’re getting at here is: when did the Premier-designate make the decision to cancel this project?
It is an outrageous assertion that the Premier-designate had nothing to do with this, just like he had nothing to do with rigging the NDP’s leadership race or nothing to do with ripping four days out of the parliamentary calendar.
Interjections.
Mr. Speaker: Members, let’s hear the question, please. Let’s hear the question.
T. Stone: It just doesn’t pass the smell test at all, to the members opposite.
Prior to this decision, First Nations had actually written to the incoming Premier. They wrote to him and urged him to meet with them to discuss any concerns that he might have with the bid, and the respect that they were shown by the incoming Premier was not to get back to them, not to meet them and then to have the rug pulled out from underneath them.
First Nations don’t want to actually hear from the Tourism Minister. They wanted a meeting with the incoming Premier. They want to hear from the incoming Premier. But given the incoming Premier’s radical past, it’s no surprise that he decided to kill this Indigenous-led Olympic bid. He sided with anarchists trying to disrupt the 2010 games and boasted about his “resistance to the oppressive Olympic agenda.” He was even fearmongering that the Olympics back then would turn B.C. into “a police state.”
Can the minister tell this House if the incoming Premier refused to meet with First Nations before killing the Indigenous-led games because he continues to believe the Olympics would turn B.C. into a police state?
Hon. L. Beare: I reject every premise that the member just spoke of. In fact, it makes me a little sad and a little worried, actually, too, because I clearly don’t understand how the B.C. Liberals operate and how they would operate a government.
Here in our government, this is a cabinet decision. This isn’t a top-down decision; this is a cabinet decision.
Interjections.
Mr. Speaker: Members. Members.
Interjection.
Mr. Speaker: Thank you, Member.
The minister will continue.
Hon. L. Beare: Thank you.
This is a cabinet-level decision. We were asked by the nations to provide a letter of support for November. That is the timeline we were working on as the next checkpoint to move into targeted dialogues with the International Olympic Committee.
Cabinet reviewed the host proposal. Ultimately, we had to take a look at whether the costs and the risks of over $2 billion could weigh in with the benefits, as well as the priorities that we have in government. We’ve made very clear commitments to the people of British Columbia about the things we need to focus on, like health care, like education, like housing. We’re going to continue to work on those things.
We’re also going to continue to work alongside all nations on reconciliation across this province, whether it be doubling forestry revenues being shared with First Nations as part of our co-developed new forestry revenue–sharing model, whether it be sharing gaming grant money — 7 percent, $350 million already shared with the nations.
This is the important work that we do every single day in our government, and we’re going to continue to do that work.
Mr. Speaker: Opposition House leader, supplemental.
T. Stone: Well, when it comes to reconciliation, this government always has the right words. They always know what to say publicly. But then what happens behind closed doors is certainly not a demonstration of what reconciliation is all about.
First Nations pursued this bid. It was the first Indigenous-led Olympic Games bid in the world. They were led down a path by this government for over a year. While the incoming Premier made time to door-knock for the NDP mayor of Vancouver, he delayed killing the Indigenous-led bid until after the municipal elections.
The reality is he made his position clear as a radical protestor of the 2010 games. At that time, while anarchists engaged in rioting, looting, property damage and assaulting police officers, the incoming Premier stood by them and actually gave them legal advice on how to sue the police. He even called for a boycott of Olympic sponsors and described the games as “a spectacle” that will turn our city into “a near police state.”
Again, a simple question to the Minister of Tourism. Can the minister tell this House if the incoming Premier continues to boycott anything related to the Olympics, and is that why he refused to even meet with First Nations prior to pulling the rug out from under them with respect to their bid?
Hon. L. Beare: That’s just simply over-the-top nonsense from the opposition. Premier-designates don’t make decisions; cabinets make decisions.
Interjections.
Mr. Speaker: Members. Members.
Hon. L. Beare: Our cabinet reviewed the hosting proposal that we received in the past couple of weeks and made the decision that it was simply not the right time to support the 2030 bid.
We need to focus on our priorities that the people of British Columbia expect us to, and that’s what we’re going to continue to do.
K. Kirkpatrick: Well, that’s certainly not nonsense. All one needs to do is look that up, and we’ll find quotes all over.
Now, this is so disrespectful. First Nations have put so much work, years of work, into this Indigenous-led Olympic bid, the first of its kind in the world. The minister herself says it’s exceptional; it’s amazing. Yet the anti-Olympics Premier didn’t even give them an opportunity to be at the table and has refused to answer any questions about his decision.
Dennis Thomas of the Tsleil-Waututh says: “A unilateral decision without any of our input or feedback.” Shame.
Why did the tainted incoming Premier make this decision unilaterally with such utter disrespect for First Nations in British Columbia?
Hon. L. Beare: What was disrespectful was having a referendum on whether Indigenous peoples have rights.
Interjections.
Mr. Speaker: Members, let’s hear this.
The minister has the floor.
Please continue.
Hon. L. Beare: I understand how deeply disappointed the nations are. This was an exciting bid, and I absolutely applaud the four nations, as well as the Canadian Olympic Committee, on the work that they’ve done over this past year. This is truly a remarkable model. It’s something that should be recognized and used again by the Olympic Committee, moving forward.
Ultimately, cabinet was asked to make a decision for November. We were provided the host proposal in the past few weeks. Cabinet reviewed that proposal, and we had to take a look at the costs and the benefits, the risks to the province. Ultimately, we decided it was simply not the right time.
We’re going to continue our work on reconciliation. We are moving forward on important areas all across our government, whether that be investing in language revitalization and protection, whether that be increasing the Indigenous graduation rates for education, whether that be sharing our gaming revenue and forestry revenues, as we talked about. We’re going to keep doing that work every single day because we believe in true reconciliation.
P. Milobar: The cold reality is that this Tourism Minister has a track record of somewhat implausible claims, whether it’s not being forthright about the bungled B.C. Bid system, the role in the disastrous billion-dollar vanity museum project, pretending she was consulting about an FOI fee when the decision had already been made….
The NDP have earned the title for being the most secretive government in Canada, and nobody believes their claims as to why this decision was made. It was made, let’s be clear, by a radical incoming Premier because of his dislike of the “oppressive Olympics,” in his words.
Let’s be clear about how we got to this point. The outgoing Premier actually met with the proponents of this Indigenous-led Olympic bid at the front end. They left that meeting feeling they had his support and encouragement to pursue the bid. Now, two weeks ago everything changed. Suddenly we have the tainted incoming Premier….
Mr. Speaker: Member, please.
Continue.
P. Milobar: To be clear, we’re speaking of the process that was tainted.
Interjections.
Mr. Speaker: Members. Members. Shhh, Members.
Let’s conclude the question period, okay?
Please, the member will continue.
P. Milobar: So let’s be clear. This was the very first decision of the incoming anti-Olympics Premier, and he has yet to answer a single question or be accountable to this House and, in fact, the public and the Indigenous communities about this decision.
Again, when will the Premier-designate provide the information to this House that he based the decision on, not the cabinet?
Hon. L. Beare: I really don’t know how much clearer I can make it to the opposition. I don’t know how the B.C. Liberals operate, but over here, cabinet makes decisions. Cabinet ultimately reviewed the package we had before us. We had a November timeline that was provided…
Interjections.
Mr. Speaker: Members. Members.
Hon. L. Beare: …as part of the host package.
Interjections.
Mr. Speaker: Members.
The minister will conclude.
Hon. L. Beare: We ultimately made the decision that we were unable to support the games at this time.
We are going to continue to work alongside the nations as we move forward. We’re going to continue to support reconciliation in all ways across the government. We’re going to continue to support and take a look at bids as they come forward for international sporting events, because that’s how we operate.
[End of question period.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading, Bill 40, Passenger Transportation Amendment Act.
In Section A, the Douglas Fir Room, I call continued committee on Bill 34, Opioid Damages and Health Care Costs Recovery Amendment Act.
[S. Chandra Herbert in the chair.]
Second Reading of Bills
BILL 40 — PASSENGER TRANSPORTATION
AMENDMENT ACT
(No. 2), 2022
Deputy Speaker: Members, we’re going to begin now with Bill 40, second reading, Passenger Transportation Amendment Act (No. 2), 2022, if you’re able to take your conversations elsewhere. It’s important that we take the time that we need for the debate that’s about to take place.
Hon. R. Fleming: I move that the bill now be read a second time.
Interjections.
Deputy Speaker: Members, can you please take your conversations outside. We’d like to get going with the day.
Minister, please.
Hon. R. Fleming: Thank you, Mr. Speaker. It’s my pleasure to rise today to speak about Bill 40, the Passenger Transportation Amendment Act. These proposed amendments continue our commitment to modernize the passenger transportation industry.
Members will recall that four years ago, we enabled ride-hail to operate next to taxis. We had a parliamentary committee process to make best practices and recommendations and to conduct hearings in that regard, which would provide a parallel ride-hail industry alongside taxis to provide services for the people of British Columbia.
This new bill will both enhance passenger safety as well as increase accessibility in the taxi industry. Specifically, the proposed changes will allow the registrar of passenger transportation to operate an accessibility program that will support the increased availability of accessible vehicles and services. We have heard a great deal from people who rely on accessible vehicles to attend appointments, to connect with family and friends, to get to and from work. We have heard very loud and clear that in recent times, coming through the pandemic, they’ve been experiencing increased wait times and, in some cases, no service at all in certain communities.
We’ve also heard from drivers trying their best to provide services to the accessibility community but who are struggling with the higher costs of repairing and replacing accessible vehicles. This accessibility program enabled by Bill 40 will increase the availability of wheelchair-accessible vehicles by offsetting some of the additional costs of purchasing, converting, operating and maintaining these vehicles. The program will support learning opportunities for wheelchair-accessible-vehicle drivers so they can provide the very highest in customer service to the people who rely on them.
The accessibility program will support the province’s requirement that the taxi industry increase the number of wheelchair-accessible vehicles on the road. That is something that’s critically important. It will also advance the province’s commitment made under the Accessible British Columbia Act to improve accessibility standards in transportation.
The first funding stream will be launched this fiscal year, and it will reduce maintenance costs for owner-operators of wheelchair-accessible vehicles. In subsequent years, there will be further funding streams, which will accomplish a number of things, including reducing the earning disparity between drivers of conventional vehicles and drivers of wheelchair-accessible vehicles.
This will make a real difference for people who rely on these services, people who depend on wheelchair-accessible passenger transportation. In developing this program, the ministry has extensively consulted with a number of organizations and individuals, first and foremost the province’s transit authorities, who have an incredible role in the provision of handyDART systems that are complementary to wheelchair-accessible taxis in getting these customers around their communities.
We also consulted with representatives from the transit authorities’ accessibility user groups, and we consulted with a number of other organizations who advocate for and, in some cases, provide services for the community with disabilities. The B.C. Aboriginal Network on Disability Society is one. The B.C. seniors advocate was also part of our engagement, the Richmond Centre for Disability, the B.C. Coalition of People Who Use Guide Dogs and the B.C. Office of the Human Rights Commissioner.
This bill will also prevent ineligible people from driving commercial vehicles, which is vital to ensure that we keep passengers safe in our communities. These provisions in the bill include clarifying the evidence drivers must produce at roadside and keep on their person or in their glove box in their vehicles to confirm that they are in fact eligible to drive passenger-directed vehicles. This work was completed in consultation with the transportation board and law enforcement partners and treaty First Nations.
As taxi and ride-hail operators continue to recover from the COVID-19 pandemic, our government remains committed to supporting a fair and competitive passenger-directed vehicle industry that provides high-quality services.
We worked with this industry through the toughest days of lockdown during the pandemic. We worked with this sector when they were designated an essential service to keep supporting British Columbians who needed to get to medical appointments and go about their daily business. We helped them survive financially through specific grant programs by working alongside them and addressing gaps that were appearing around federally regulated wage subsidy programs, as well as our own small and medium-sized business grants.
I believe that by working closely and collaboratively with this industry, we have come out the other side of the pandemic in a much stronger way. It is wonderful now to see the return of some of the activities that people enjoyed before the pandemic that are supported by the ride-hail and taxi industry re-emerge in a strong way — seeing sporting events, concerts, conventions, business association meetings and people returning to work in large numbers in both the public and private sectors. Those are activities that are all supported by the taxi and ride-hail industries.
Seeing that recovery informs us that now is the time to continue our modernization efforts which, as I said, began four years ago when we worked across parties with an all-party committee to come up with regulations that made sense, that we introduced, and then we were disrupted by a global pandemic.
In closing, I would just further highlight a minor proposed House amendment to the commencement schedule of the bill that I have provided advance notice of and will move when we get to that clause in committee. This came up in briefings with some of our stakeholders and colleagues. We have tabled that. They are on the orders of the day now and I believe published this afternoon for members to look at here during second reading debate. And of course, as I said, we intend to address that when we get to committee stage.
With that, I look forward to the comments of other members.
B. Stewart: Thanks very much for allowing me to speak about Bill 40. I think that this particular legislation is certainly long overdue in terms of trying to make certain that accessible transportation is available to everybody that struggles with disabilities and being able to get to where they need to get to in a timely manner.
I just wanted to thank the minister, first of all, for the briefing that his staff provided last week when the bill was introduced, on Thursday. I know that it’s relatively straightforward and simple in terms of what it brings forward. But, as I mentioned, it’s extremely vital and important that these changes do take place, because one of the things that anybody with disabilities would know is that both the handyDARTs as well as the accessible vehicles that we’re talking about here are in short supply. People are, frankly, frustrated by the fact that they don’t exist — and how we can make that happen.
Certainly, this bill brings forward some vital and long-awaited changes that are important to highlight, as well as several questions about the structure of this legislation and the potential impacts that I’m sure we will discuss in greater detail in the committee stage, especially as we’re talking about funding and people that actually own vehicles for accessible rides being able to get to their appointments, etc.
The legislation finally makes the changes to the Passenger Transportation Act that will authorize government to utilize the fees that have been…. It has been collected since ride-hailing was first introduced, and I think what’s really important is that the ride-hailing industry is the source of revenue. It’s the sole source of revenue that the government is talking about in Bill 40, to being able to help support, subsidize the increased cost of what it does take to run an accessible cab, whether it’s rear or side entry, etc. — more expensive in many different ways.
On July 8 of 2019, ride-hailing was first announced in British Columbia, and ride-hail vehicles that are not wheelchair-accessible have been charged an extra 30-cent-per-trip fee with the money going to the province for a passenger accessibility fund. However, up to this point, nothing substantial has been done to use the money to improve accessibility.
Now, this fee will increase by 200 percent starting on January 1 to where it will be 90 cents per trip. I guess one of the things that we’d like to know — and I think that the taxi industry would certainly like to know, because they have these fleets of vehicles that they’re looking for — is: how much has been collected to date? What is this 30 cent per trip and the new 90 cent per trip, effective January 1, going to actually amount to? What is the revenue stream that is going to be generated?
How much of that is actually going to be distributed, and how much will be used for other functions that maybe the Passenger Transportation Board may want to use or subsidize other programs that they see that are important? Because with ride-hailing legislation came the three-way test and also the other conditions that the minister just spoke of that are important to making certain that taxis, transportation network services and accessible cabs are something that have safety as primary — both in vehicles and the drivers that are operating it — and that they carry the right amount of insurance.
It’s important that we identify and are able to articulate so that I think that the public knows how much is being invested. Is 90 cents enough? I don’t know. How many trips per year are in ride-hailing? I guess one of the questions that many of us are asking is: when is ride-hailing going to be expanded to other regions?
It has been over three years since the initial rules came out, and I know that there are other communities that it’s not available in, or there may be licences, but there’s certainly not something that most people would have any relationship with or know that the transportation network service exists in their community.
I think it works both ways. This bill is about getting money from the ride-hail industry transportation network services into the hands of the taxi companies that operate this fleet of vehicles or somebody that chooses to do that. Maybe there’s an opportunity for expansion of that, as I said, as there are shortages in that.
It’s absolutely critical that people with disabilities have the right to the same transportation options as people without disabilities. And it’s frustrating that for multiple years now, the government has been collecting the money that I just mentioned and hasn’t yet used that to increase the accessible options, as it was announced and intended, for those that need them. Now, after two terms and over five years in government, it is nice to see that the NDP government takes the concerns on accessibility seriously. And I say that meaning that I think that that’s important.
I know that the member that has questions, etc., will want to hear more about what remarks I have on this — about times when it was taken very seriously. I know we spent a good portion of question period talking about a bid for the Olympics in Vancouver, and I know that in 2010, accessibility was one of the hallmarks of what we tried to do in that Olympics. Although we’ve made some progress, I think that there’s always a lot more to do.
So I think that starting to implement this program…. The details aren’t in the bill. That’s still left to discussions to be worked out with the PTB, the Passenger Transportation Board, in how that money is going to flow and how we’re going to get that money into the hands of people that either own or operate these accessible vehicles. We need to make certain that we do that sooner than later, because collecting the fee is one thing; getting the hands into the hands of the people that are trying to provide a service is important.
We want to see the system improve and become more equitable for all those looking to access additional transportation options. While it is an important and encouraging step, there are a certain number of questions to be asked about the legislation and why it has taken government so long to finally develop a program to enhance accessibility in ride-hailing.
As we have these conversations, it’s also important to consider the fact that accessible vehicles are more expensive to buy, insure, maintain, fuel — the cost of fuel. And I think, more importantly, it does limit the operator’s revenue that he may share with the taxi company or the taxi owner of that vehicle. I think that it’s only fair that they be treated equitably.
As we know, drivers of such vehicles spend far more time in assisting passengers of these vehicles. I’m glad to see that in my briefing, it was talked about that there would be increased training for making certain that people that do operate are doing the right thing in terms of being not only respectful but understanding of how difficult it is to be in a situation where you have to depend on an accessible transportation option. I think that that is a good thing.
We must ensure that the changes that are made make sense for the system as a whole and provide the best results for all involved, particularly those who require greater accessibility and have had their transportation options limited by a lack of accessible vehicles in the current ride-hailing fleet.
One of the things that we haven’t talked about — and I hope the minister can answer when we do get to committee stage on this — is what the wait times are for somebody that’s waiting for accessible transportation options. Are we doing enough? Are we going to make certain that we’re going to help those people so that if they are waiting, they do have reasonable options and turnarounds?
I understand a lot of them are dependent on this for appointments, getting the supplies that they need. It’s mission-critical, because in a lot of cases, those people are not able to operate a vehicle on their own.
When we move to the committee stage on this bill, we look forward to examining these changes and exploring how this amendment bill will help achieve the select standing committee’s recommendations on whether ride-hail company drivers of wheelchair-accessible vehicles will receive a trip bonus — and how a certain percentage of ride-hail vehicles on the road will be accessible.
We also look forward to exploring how this amendment bill will encourage owners of existing accessible vehicles that often sit idle during the day could be used to earn extra income for the owners or be leased to other drivers who work for ride-hail companies. Additionally, we look forward to examining how this bill will support the taxi industry, which is mandated to have a certain number of accessible taxis on the road through their licences, a requirement that does not currently exist for ride-hail companies or transportation network service companies.
Aside from the core of this bill, which concerns accessibility, we also note that this legislation makes several changes to the Passenger Transportation Board, expanding its authority and powers. I think we do want to understand what that exactly means. They, obviously, have great and important powers in terms of the taxi business. But unless the government is prepared to step up and direct them to allowing transportation network services, ride-hail companies, the taxi industry, we are still going to be plagued with the same challenges that we have, in the sense of not only higher costs but during peak periods there is a limited number of vehicles and sometimes people are finding that….
Take a hockey game in Vancouver in your riding, Mr. Speaker. I’m sure that there are many times that you look around and you probably wonder how all these people are going to get home, being that they can’t depend on the SkyTrain system, buses or any of the other options. And, especially important if they’ve been out imbibing, we want to make certain that they’re in a vehicle that they’re not operating.
Its authority and powers need to be understood, and I think that everybody understands that they are the regulator, but it’s most important that we understand that the regulator can make constructive decisions and move things ahead in a swift manner. It will be important to explore these changes in the committee and explore what difference they will make to the daily operation on the board.
Now, I do want to speak a little bit about the record on ride-hailing. When the current government, the NDP, originally committed to matching the previous B.C. Liberal government’s promise to introduce ride-hailing by Christmas of December 2017, they broke that promise within months of taking power. The NDP also broke their own promise of ride-hailing by the end of 2018, and they have made the path to ride-hailing as complicated as possible, creating obstacles and uncertainties for the ride-hailing industry in a way that no other jurisdiction has ever had.
I only say that, meaning that…. Recently, because of the pandemic, I was out of the country in an area where ride-hailing was utilized, and I couldn’t rent a vehicle for the week or ten days that I was there. I ended up using a ride-hailing service. To be honest, I had not used it before, and I have to say it was a pleasure to know when a vehicle was arriving, how much I was going to have to pay and the fact that after the trip, I could tip the driver and rate his service or cleanliness of vehicle. I find it’s very common sense, in terms of what it is today.
I think that there’s nothing restricting the taxi industry, and I think that they’ve been given ample opportunity and even, in some cases, have tried to enter into the business of being in the ride-hailing business on that. And I realize that it’s a software-driven approach, but they understand the drivers, the training and all of those things. And I don’t think that this is meant to be an exclusive for the brand-name ones.
I think that what’s important is that we make it so that there are competitive forces in British Columbia and that it’s not taxi companies against transportation network services. What it is, is that we’re looking towards the idea that we can make certain that there is healthy competition and not forgetting about the fact that we need accessible transit services for the people that have disabilities.
The official opposition has twice introduced a bill that would bring certainty for real ride-hailing and opportunity for the public to benefit and on a much quicker timeline. But both were dismissed by the NDP at both times, extending and delaying the process. Even once the ride-hailing companies were finally given the ability to operate in B.C., they have remained limited to a small list of regions, which has been expanded very little since.
I think that what you have to ask is what the plan was from 2017 when they were going to have ride-hailing in the province to where we are today, where there’s virtually just the few companies that were licensed three years ago that are now still in operation.
I think it was kind of a wait-and-see approach, etc., especially since they’re the vehicle to fund the accessibility transportation that we’re talking about here in Bill 40.
While the NDP began collecting a fee for an accessibility fund, it’s taken them years to do anything with that money or take any real steps to improve accessibility in ride-hailing. Maybe the member from Chilliwack has a comment on that. Anyways, ride-hailing is available in every other part of the world, but the NDP has always made it as difficult as possible for British Columbians to have the same service as everyone else.
It’s also impacting affordability. The fact that people…. I mean, we’ve got them pigeonholed into whether they should be driving a taxi or whether their only job is driving an accessible vehicle, which limits their income, or whatever. Maybe they would like to be in the ride-hailing business. The bottom line is…. Clearly, there’s a need for this service, and the fact is that it does help increase people’s ability for affordability.
I just want to talk a little bit about the B.C. Liberals’ record on accessibility. I did mention that in the 2010 Olympics, it was a key priority to make certain that the games were as accessible as possible.
Expanding accessibility is incredibly vital. We are encouraged to see that it’s still being considered and, hopefully, successfully implemented in this bill. We’ve always believed that everyone has a role to play to ensure that people with disabilities have every opportunity to fully participate in society. It was something that members on this side of the House worked hard to advance when we were in government. In fact, it was under the B.C. Liberals that the accessibility secretariat was created and the first Parliamentary Secretary for Accessibility was appointed.
We all take great pride in the former member for Surrey South in her new role as Canada’s Chief Accessibility Officer. I know that she has her work cut out for her. We have a lot of work to do, not just in Canada but in British Columbia, where she spent a lot of time advocating for that, as did the member for Courtenay-Comox.
We took substantial action to help support employment opportunities and financial security for people with disabilities, including being the first province to annualize earnings expectations for people with disabilities as well as the first province to fully exempt child support payments for families on income or disability assistance. Additionally, we increased asset limits for people on disability assistance from $5,000 to $100,000 for a single person and from $10,000 to $200,000 for a family where two people are on disability assistance.
It’s important…. We try and make improvements on a continual basis as we try to…. I know that this bill, Bill 40, goes towards making accessibility something…. Hopefully, it’s a thing of the past, in the sense that it’s just as easy to get an accessible ride as it is to find ride-hailing or a taxi.
People on disability assistance can now receive cash cards or inheritances with no impact on their assistance.
The simplified disability assistance application process for some people with disabilities, if they’d already qualified for comparable disability assistance programs….
Simplifying the process. I think one of the things that we can all agree on as MLAs is that it’s most challenging when we have to try and help people navigate through processes where they’ve already accomplished and applied and been recognized. On the other hand, we have a new agency, a new program or a new ministry, and the situation is that we don’t share that information and make it more easy for them to try to get through the process.
As of October 1, 2016, employment insurance maternity and paternal benefits and EI benefits for parents of critically ill children were now fully exempt for the people on income or disability assistance. B.C. was the second province, second only to Quebec, to implement these exemptions.
We also released the How to Start and Manage a Registered Disability Savings Plan in B.C. guide. Also, technology at work has provided assistive technologies to more than 316 people.
The illustrated Building Access Handbook 2014, on access requirements in the 2012 B.C. building code, is now available online. I think that that is something that we all probably need to learn more about. I say that, having, years ago, been a member of the Kinsmen Club of British Columbia. I can tell you that G.F. Strong, which many of you still know today, and what we called the K.R.F. foundation worked together hand in hand to increase abilities for people that were working with disabilities.
I was amazed, some 35, 40 years ago, seeing people operating things through blow-straws and things like that, being able to change their lives. I think that this is important, when it comes to an accessible part of British Columbia, that Bill 40 addresses that and that we’re making certain that we are doing everything possible.
Again, I come back to the fact that this is three years in the making. We have the bill in front of us. We have the fees being collected. We have the fees going up, but we still don’t have a plan as to how we’re going to roll that out.
Back to some of the changes that we did. We put in the home renovation tax credit for up to $1,000 a year.
Deputy Speaker: Is it possible for the member to help the Chair understand the connection between what you’re talking about now and the current bill, just to try and make sure that we’re connecting on the transportation amendment act?
B. Stewart: Well, Mr. Speaker, I think that when it comes to Bill 40, it talks about accessibility. It is trying to deal with people that are disadvantaged through disabilities and being able to get accessible rides in the province. These other things are programs that, perhaps, maybe, need to still be looked at. We have a program, as I just said to you, that’s three years in the making. We now have Bill 40 in front of us, and we still don’t have the details as to how that’s going to impact their lives. I think that it directly impacts the issues around accessibility.
What I am just trying to say is that the bottom line is that there’s no reason that people that have those challenges are not getting a priority. I realize it takes time to work these things out. I mean, I’ve met with the taxi industry on many occasions. They have raised the question about the increased cost, the lack of equality in terms of what an accessible cab can earn in terms of the fact that — whether it carries as many people, costs more to operate, as I mentioned earlier, the insurance, the maintenance and just the capital cost. There’s a quantum difference between the two. Somebody buying an entry-point taxi in the business or even in the ride-hailing business….
I think that the relevancy of these things is that these are small, incremental improvements for people that struggle with disabilities, and we need to get better there. What I’m looking for in Bill 40…. I know that the minister and I will be talking about this in committee, but I’m hopeful that we’re going to get not only the fact that we’ve got the tools to being able to implement it, but what’s the timeline? When are we going to actually be able to help these people? We know that on January 1 the fees are going up, but we really don’t know when the fees are going to flow to the people that should be receiving them.
Other things, just in terms of accessibility, besides the fact that I mentioned that this is important to this side of the House. I think that there’s no question that we support the objectives of what is in Bill 40. We want to make certain that we get the money out the door to help the people that are operating the accessible cabs in the province. If we can do something like that, that’s what we want to make certain that we ensure that we do.
I think that I mentioned about the home renovation tax credit. We also proclaimed the third annual Disability Employment Month in September of 2016, and the third annual Registered Disability Savings Plan Awareness Month in October of 2016. Those are just in one year. We also proclaimed the second annual Aboriginal Disability Awareness Month in November of 2016. We partnered with the Rick Hansen Foundation to assess and provide accessibility ratings to more than 300 businesses and public spaces in the Lower Mainland for the PlanatTM website.
Rick Hansen is another person that has shown what the abilities are of somebody that has struggled. I was fortunate, again, being with the Kinsmen. We were one of his sponsors as he toured across Canada. We know that he’s a household name, but he’s an incredible, iconic person that’s moving ahead. I know that in terms of what’s happened here, I’m sure the Rick Hansen Foundation, maybe even Rick Hansen, has been consulted to try to make certain that this works and how we can improve it. That’s the objective of Bill 40. Are we doing everything possible to make it so that we can make accessibility in terms of transportation to the level that it could be at? Are we willing to listen? Are we consulting?
I know the minister mentioned some of the people that have been consulted. But I think that a more fulsome list of other organizations that are out there that are trying to make certain that the world is more accessible for everybody. There’s an emergency planning guide that was done in consultation with the Disability Alliance of B.C. through emergency management B.C.
There’s no end to the number of issues for accessibility. The taxi industry. That’s just one. The ride-hailing or the handyDART is the second part of it. The reality is that we just need to do better. I would hope that this bill brings forward the opportunity for not only the Ministry of Transportation but other ministries to improve things so that the accessibility is improved through their actions.
The last thing I just want to mention is that the amendment…. I think that the minister mentioned that there is an amendment that’s coming forward. I’m glad that that came up during discussions. I did want to just make certain that we can work collectively on that. I look forward to reading that amendment sometime later this afternoon, as he mentioned that it was going to be on the order paper so that we could have a look at it and just make certain. It appears that there was….
It’s more of a timing issue about making certain when these funds can be released, so that there is an overlap between the OICs and when the Passenger Transportation Board takes over.
With that, I will look forward to other people that are interested in speaking in favor of accessibility in British Columbia and supporting Bill 40. I know that some of our members that are very active with their own taxi industries and their communities all across the province will want to have a chance to speak to that. Thanks very much and look forward to committee stage on Bill 40.
D. Coulter: I probably won’t take too long, but I just want to express what this bill means for me and people like me, but I’m having a little bit of trouble reading today. I’ve had eye surgery, so I won’t take that long.
I’m very proud of our government’s record. I’m very thankful to the minister and his staff for bringing this bill before the House, and I’m very proud of our government’s record on accessibility. We introduced the Accessible B.C. Act, which the minister referenced in his remarks as being part of the impetus to this bill. We’ve come a long way on accessibility.
Our government continues to work on accessibility every day. We have accessible roadside washrooms now for folks with mobility issues. We have accessible charging stations for folks who have electric cars. There are some accessible cabins I often talk about in the House, near where I live, at Cultus Lake, which are just wonderful.
I will say though, we don’t have the market cornered on accessibility. I will agree that the B.C. Liberals did have the first Parliamentary Secretary for Accessibility. He was the former member from Abby South and then became Speaker. He was Parliamentary Secretary for Accessibility for about five minutes. If someone were being cynical…. I’m sure none of us will be cynical, but if some of us were being cynical….
I’m just putting that out there.
I wanted to give a few of my own experiences. Whistler was named a number of times in the previous speaker’s remarks, and we recently had a reason to be in Whistler, the UBCM AGM. Whistler is not a very accessible place. It has cobblestone streets. Most businesses, because they’re going for a certain look in Whistler, have entrances and exits that are on the side or rear of buildings, which are difficult to get to.
I myself stayed in an inaccessible hotel room. I won’t name the hotel, but they felt guilty, so they gave me a larger, inaccessible hotel room. I’ll tell you right now, I tried to call a cab one day, and the cab was going to be two hours to come and get me. So I’m just putting it out there. The 2010 Olympics did not make Whistler an accessible place.
You know, this type of bill means a lot for folks like me for the reason I just presented. A two-hour wait for a taxi is unacceptable. No one else would wait that long for a taxi, and it happens all the time to folks with disabilities where they have to wait a very long time for a taxi.
I referenced my eye surgery. I had a consult with the eye surgeon here in Victoria last Tuesday, and it was going to take an hour and a half for a cab to come pick me up from that consult. I was very lucky to be there with a friend who was able to push me back to the hotel beside the Legislature here. It was still probably a 35-minute haul just to get here.
So a bill like this would really mean a lot to folks like me who need this type of service. But it’s very difficult to also give this service. The vehicles are so expensive. For instance, you would buy a regular van. I’m going to say Toyota, because those usually make really good cabs, the Toyota vans. Then you have to take it to a place that has to modify it, and they have to cut the whole floor out of it and put a new pan into it, put heavier springs onto the vehicle and a ramp on the back. Sometimes they lift the roofs a little bit.
This is all very, very expensive work and isn’t done in a factory in an assembly-line-type situation where there’s some kind of economy of scale. This is done in smaller shops, and it tends to cost a lot of money. These vans are $100,000 or more for a wheelchair van, and this bill is going to help folks provide this service by helping them pay for that exorbitant cost of these vehicles.
Also, someone who is operating one of these vans obviously would only be able to do less trips in a day because of the loading and unloading of folks that use mobility devices into these vans. So this is a critical bill because it will subsidize folks’ wages who are doing this very important work in our community, and it’ll make that work more desirable for people to do it.
It’ll also make folks safer. I’ve taken a number of cabs in my time using a wheelchair. I’ve taken a number of cabs, and they’re rushing. They’re trying to really rush to get you in and out of the cab and to get the ride over so that they can go on to their next fare. It can be unsafe. Sometimes they forget to give you the seatbelts. Sometimes they don’t. Sometimes they only rig three corners instead of four corners of your chair. Then I’m not going to…. Sometimes cab drivers drive a little fast, and it’s kind of bouncy in the back there, so that can be a danger too.
It’s not just Whistler and Victoria. Victoria is the capital of the province, and the cab service is not very good. I recently went to Gatineau for an Accessibility Standards Canada event. I saw the former member for Surrey South there, Canada’s new Chief Accessibility Officer. For her colleagues, she was looking quite well. I went there, and the cab service was awful, and I was there for an accessibility conference.
One evening the head of Accessibility Standards Canada took all the participants out for dinner. We ordered cabs. I was lucky to get into one of the early ones, so I made it for dinner. This woman from Ontario, who used a power chair, waited for a cab for three hours. Dinner was over by the time she got a cab, so she just went straight back to her hotel. That’s excluding people from full and equal participation in life, which is what our Accessible B.C. Act is about. It’s about identifying, removing and preventing barriers such as that.
Now, we got to our place for dinner, and we ate. My assistant, being on the ball, ordered the cab about an hour and a half before — basically ordering the cab as soon as we sat down for dinner — and they told us it would take an hour and a half to get there. At the hour-and-a-half mark, we made a call, and then they said, “It’s another hour,” and then maybe another hour after that. So we made the decision to use an Uber.
The cab service was a little bit better in Gatineau, but the Gatineau folks couldn’t drive to Ottawa to pick us up — an interprovincial, intercity kind of thing going on there. So we chose to use an Uber, and we were, thankfully, lucky enough to find a driver that had no problem sticking my wheelchair in his trunk. I think some Uber drivers wouldn’t do that. My assistant helped me into the cab, which is actually kind of dangerous for me and for him. There’s the potential that he could wrench his back or something. For me, there are also issues with that.
I was in Vancouver one time, and I ordered a wheelchair cab with my friend. They told me it would take an hour and a half to come. It was Vancouver on a Friday night. A lot of people go out in groups. They order the vans, and vans are kind of used up. So my friend and I made the decision to use a regular cab.
Well, we did the same thing we did with the Uber — went to get in. My foot went under the front seat a little bit, and as I was being lifted in, I guess my leg was wrenched in a certain way. About three days later my knee was about this size and beet red. I’d broken my leg, actually broken my leg getting into a cab. Then I had such a bad infection in it that I had to go to the hospital for IV antibiotics twice a day for a week.
Now, this bill is going to make life safer for British Columbians that require an accessible vehicle for transport. This is going to make it so that people can get to their medical appointments, go out with their friends, do a lot of other things. Often I drive my own car — I’m lucky enough to have my own accessible car — but I will tell you that if I had to use a cab exclusively, or some kind of mix of handyDART and cab, it would be very difficult to get to where I need to go on time.
I think this bill is very important, and I hope that over time, this makes British Columbia a more accessible place. I think it will. I’m very, very proud of our government’s record on accessibility and the fact that we are moving forward with accessibility. We’ve passed the Accessible B.C. Act. We’ve worked on part 3 of that act this year, so we have the AccessibleBC plan. We have a provincial accessibility committee. We have a feedback mechanism, which we just launched.
I actually did an interview on Access Radio this morning about the accessibility feedback mechanism. You can find that on our government website if you would like to give the government feedback about the services it supplies, or even if you’re a public servant and would like to give feedback on the accessibility of your employer.
We also have the Accessible B.C. Regulation. That prescribes over 750 organizations to do what government is doing — to have an accessibility committee, have an accessibility plan and have an accessibility feedback mechanism. I think these types of actions are going to start to change the culture of accessibility, and I’m very, very proud of our record on accessibility.
We aren’t the only government that has put a premium on accessibility, but I’ll just say to the members not so opposite — I guess adjacent — to myself that we are working on this. I don’t know. I don’t want to be cynical, but they had two cabinet ministers that used wheelchairs and another one that was their caucus chair, and they didn’t do as much on accessibility as our government is doing. I’m proud of our record, and I will end it there.
R. Merrifield: I was listening to the last speeches and to the member for Chilliwack, who was talking about having, over the last 5½ years, done some committees and some plans. I heard the member for Kelowna West talk about our time in government as a lot of actions, and I’m not going to go through the full list of actions and all that we did to support accessibility. Suffice it to say the list that was read out by the member for Kelowna West was absolutely monstrous, and anything that the member for Chilliwack just said would pale in comparison to what was done under our time for government.
I am excited about the opportunity to rise today and continue debate on this Passenger Transportation Amendment Act, because I think we can all agree we need more transportation, and it needs to be accessible. One of the concerns that I have is that we want to ensure that this isn’t just about fees but about action and implementation. As you can see from the B.C. Liberal record that was read out, we are all about action. We’re all about implementation. We’re all about outcomes.
There are some vital and long-awaited changes in this bill that are really important and that are exciting, but we’ve also got some questions that we’re going to be tackling throughout committee stage to make sure that the details line up with the intention of this bill. This is about safety. We need more transportation, and we need more transit options.
It was less than a year ago that I received a very frantic phone call at about two o’clock in the morning. Now, my phone is off when I go to sleep, and there are only five phone numbers that can actually get through. Those are the phone numbers of my kids. But I got a frantic phone call from my daughter, who was out with a group of friends, and she said: “Ma, we’ve been waiting for almost two hours for a cab. We can’t seem to get one, and we’re scared. We’re being sort of followed.”
I gave her directions to the police station, and I told her to wait there for me, as I could get there and give her a ride home.
We don’t have enough in Kelowna. In our riding, and alongside the members for both Kelowna–Lake Country and Kelowna West, we have been asking the Minister of Transportation for more ride-hailing options within our ridings, for more transit options within our ridings.
This legislation actually finally makes the changes to the Passenger Transportation Act that will authorize government not only to get more transit but, hopefully, utilize the fees that are being collected for more accessible transit. They’ve been collected, actually, since ride-hailing was very first introduced. But in the years that ride-hailing has operated, the ride-hail vehicles that are not wheelchair-accessible have been able to charge a 30-cent-per-trip fee, and that money has gone to the province for a passenger accessibility fund.
I’m asking the question: where’s the money? Where are the substantial actions — the actions that would mirror the monumental list of actions that the B.C. Liberals took — rather than just a fee that’s collected and put into a pot of money somewhere but that really hasn’t done anything to improve accessibility?
During an affordability crisis like we have on our hands today, being able to actually invest wisely and efficiently with money collected from consumers is really at top of mind for us as we examine this bill further.
[J. Tegart in the chair.]
We need to make sure that consumers pay for efficient delivery and action, not just money going into a pot, because according to this bill, this fee is going to increase by 200 percent, starting on January 1 of 2023, to 90 cents per trip.
Don’t get me wrong. It is critical, absolutely critical that people with disabilities have the right to the same transportation options as people without disabilities. And it’s really frustrating that for multiple years right now, the government has been collecting money that has not been used to actually distribute this. It has not been used for more accessible options. It has not been used to increase transit options for those that need accessibility.
In my former work as an employer and as a business owner in my community, we had several employees that required accessible transit to get to work. We ended up, as an employer, to arrange those rides because the transit system was so defunct in being able to provide the rides that were required.
After two terms and five years in government, well, it’s nice to see that this government is starting to take some actions. To quote the member for Chilliwack, they’ve got some committees and some plans, but we want to see action. We want to see implementation. We want to know what this program is going to look like that they’re using the fees for — these fees that have been collected over the course of the last three years.
I want to see tangible improvement. I want to know what the improvement is. What are the outcomes that are going to be measured? How are we actually going to make the transit system more equitable? Pat ourselves on the back because we collected a fee? I would hope not, because that’s just decreasing affordability without actually increasing anything by way of accessibility.
While I celebrate this as an important and encouraging step, there are a lot of questions still out there, and there’s a lot of information that’s still going to be required about this legislation. I would say one of those questions is: why has it taken so long? Why has it taken this government two terms, almost six years, to actually create, again in the words of the member for Chilliwack, committees, plans and now a program?
Delays are too frequent with this government — great ideas but slow rollout and no measured outcomes on any of these programs. I’m concerned, because accessible transportation takes so much more money and so much more time.
I do appreciate the education that the member for Chilliwack gave us on how we actually have to modify a vehicle for accessible transport. It’s significant. It’s costly, and there does need to be some form of remuneration for this to take place. But then there’s also the time of the loading and off-loading. Again, we need our taxi system and our ride-hailing system to be adequately compensated.
I would urge us, through committee stage, to make sure that the changes make sense, that it will do what we want it to do, that we will do what we’re celebrating today, in terms of increasing accessibility. I hope that we will see this bill, this fee, these moneys actually increase accessibility and provide great results.
When we move into committee stage on this bill, we’re going to examine these changes. We’re going to look at how this amendment bill is going to help achieve the Select Standing Committee’s recommendations on whether ride-hailing company drivers of wheelchair accessible vehicles will receive a trip bonus or how a certain percentage of ride-hailing vehicles on the road will be accessible.
Yes, in Kelowna, you have to wait for a taxi. We have very, very few options in terms of ride-hailing and have not been allowed to have Uber come to our city. But it’s even longer for those that have special requirements for accessibility. The member talks about two hours and three hours — that could be four hours or never in Kelowna.
So will this actually help us get more accessible vehicles on the road? How will we measure that number, and will we be able to change trajectory if that number isn’t sufficient, if it doesn’t achieve the outcome that we desired? We need to make sure that this fee is used for the outcome of increased accessibility.
We also look forward to examining how this bill is going to support our taxi industry, because, yes, ride-hailing is one thing, but we also need to support the taxi industry, which is mandated to have a certain number of accessible taxis on the road through their licence, a requirement that doesn’t exist for ride-hail companies. How are we going to remunerate the taxi companies? Wow. While we want to see more ride-hailing available for British Columbians, supporting our taxi industry and making sure that they are up to date on services is critical.
The population of Kelowna over the course of this last couple of years has increased by almost 10 percent. It’s a massive population increase, and there simply are not enough taxis or ride-hailing cars on the road right now. Yes, many take transit, but transit is limited in the routes and the time frames.
Aside from the core of this bill, which really concerns accessibility, we also note that this legislation makes several changes to the Passenger Transportation Board. Why? Why is it being changed? Why is it expanding its authority and its powers? How will it be used? Will it be used to expedite change? Will it be used to be a bureaucratic hinderance?
We need to explore this. We need to understand this. My hope is that this expansion of authority and powers will actually be used positively to enhance the speed and the time at which things can be expedited. It’s going to be important to explore these changes in committee stage and to understand what kind of differences these are going to make in the daily operation of the board.
We’ve seen some boards fail over the course of this last year, so it’s okay if we’re not completely trusting. We don’t want a board wholeheartedly fired like B.C. Housing. We want to make sure that this board is given the best chance for success. Through committee stage, we’ll explore this and make sure that this is the intention and the outcome. We need to make sure that British Columbians are always at the centre and focus of what we do.
Accessibility within the taxi and ride-hailing industry is absolutely vital, because we want to connect with each other, we want to be with each other, but we also need to live and work. Transportation needs to be a top priority. Transportation infrastructure needs to be a top priority, especially for those that have disabilities.
This is a long time coming. The NDP originally committed to the previous B.C. Liberals’ promise to introduce ride-hailing by Christmas of 2017. Well, it is 2022 — almost the end of the year of 2022 — and this is nothing more than a broken promise in Kelowna. The NDP then broke their next promise of ride-hailing by the end of 2018.
This is a huge issue for Kelownaites. I get asked regularly about when we are going to see the larger ride-hailing companies actually arrive. It is desperately needed, but this NDP government has made the path to ride-hailing as complicated as possible and has done nothing but create obstacles and uncertainties for the entire industry in a way that no other jurisdiction ever had.
This takes me back to the passenger transportation board and the expansion of their authority and powers. If these are going to be used to create more complexity and bog the system down even further, well, that simply would not be a good use of power.
Getting taxis are incredibly difficult. I hope you never have to get a taxi in Vancouver in the rain. It’s almost impossible. Coming back, before becoming an MLA, from a speaking engagement…. Well, I can tell you that hiking that hour-and-20-minute walk, ruining a great pair of shoes…. It’s dangerous walking alone in the dark and in the rain.
We understand this. It’s why we, as the official opposition, have twice introduced a bill that would bring certainty for ride-hailing companies and opportunity for the public to benefit on a much quicker timeline. You would think that if this is the goal of this House, it would be widely accepted. But the NDP have dismissed it both times and have done nothing but extend and delay the process.
Even once ride-hailing companies were finally given the ability to operate in B.C., well, they remained limited to a small list of regions, which have been expanded very little since, which is why Kelowna is still without any of the larger players.
While the NDP has been collecting a fee for this accessibility fund, we have yet to see where it is. How much is in there? Why has it taken them years to do anything with this money? I believe that we all acknowledge that accessibility, and accessibility and transit, is a huge issue. So what gives us faith or trust now that raising this fee by 200 percent will actually result in anything different than what we currently see, which is nothing? I want to know what those outcomes…. What are the tangible measured outcomes for this money?
Ride-hailing. It’s available everywhere else in the world. In 2018, a year after the NDP had promised ride-hailing, I had the privilege to visit my spouse’s family in Portugal. Uber was everywhere. One of our Uber drivers we got into a great conversation with…. Turns out he was a brand-new lawyer, just graduated from law school, and he was using his Uber licence to actually practise English and pay off his student loans. Why is this so possible in every other area of the world, yet we seem to just have our feet in quicksand here in B.C.?
I could go through and list off how important accessibility is to this side of the House and the B.C. Liberals. It’s one of the things that’s given me such confidence in who we are, in me and my ability to actually stand up for and voice those that have accessibility needs, because we have had a record of supporting initiatives, plans, actions that have really impacted people’s lives. We do believe that expanding accessibility is vital, so we’re encouraged to see that this is being considered, that this is something that we’re talking about in the House.
But we don’t want just talk. We want action. We want change. We want an increase in accessibility in both taxis and ride-hailing. It is something that members on this side of the House — maybe not me, because I’ve only been here for a couple of years, but many of our members who have been here much longer than I in government — have had the privilege to change the trajectory and, yes, be educated by those members that have had accessibility challenges.
It was under the B.C. Liberals that the accessibility secretariat was first created and the first Parliamentary Secretary for Accessibility was appointed. But I’d also like to acknowledge that it was from this side of the House that the first-ever Chief Accessibility Officer for Canada was chosen. So I have to commend the B.C. Liberals for the calibre of our advocacy, for the calibre of our actions, for the calibre of our change, because it has been noticed not only in B.C. but in Canada, on a world stage.
While my friend and colleague from Kelowna West has gone through a comprehensive list…. I won’t take us through the full list, but I will say that this bill directly affects accessibility if it is written correctly and if it is detailed in a way that makes those outcomes possible. But if not, it will simply become one more of the plans or committees or conversations that the member for Chilliwack mentioned.
Hopefully, it will actually become part of the action or activity that has been a part of the B.C. Liberal government. Things like supporting employment opportunities and financial security for people with disabilities. Things like simplifying the disability assistance application process. Action, significant action, that actually changes the life of someone with accessibility challenges.
Also, technology at work has already provided assistive technologies to more than 316 people — tangible action changing someone’s life. I can assure you that if Bill 40 does that, it will be tangible action that will absolutely affect someone that needs accessibility in life and transportation.
My hope is that as we get into the details, as we get into committee stage and as we get into the questions and answers, we’ll see what outcomes we can count on, what outcomes will be measured and what outcomes will actually be part of this bill’s promotion, because if it’s not, then all we have is a fee being collected into a pot that has not yet done anything, which is exactly where we are today.
Hon. N. Simons: It’s a pleasure to stand in support of this legislation because of the effects it will have on our transportation system and the benefits that will be derived by those who require vehicles that are accessible to deal with various mobility challenges. I think it speaks to our ongoing efforts as a government to further our work to make British Columbia a more accessible province, work that started as soon as we were elected with changes to income support programs and changes to legislation.
In fact, the introduction and the passing of the Accessible B.C. Act, something that had been called for by members of the public for a considerable amount of time before we finally got elected…. We accomplished that in 2020, with the great support of the accessibility secretariat, which I think is extremely pleased with the work that we’re continuing to do to make British Columbia a more accessible place for everyone.
This is important — that in the area of transportation, people who require transportation, in terms of ride-hailing or taxis, have the ability to access those vehicles that are modified. They’re expensive to maintain.
With the new platforms for ride-hailing, we’ve seen a reduction in the proportion of vehicles that are accessible, and this is an important step towards addressing that lack. Drivers who have vehicles that are modified spend more on the upkeep and maintenance required. We’re trying to ensure that there’s an incentive and that there are supports to those drivers to continue offering essential transportation services to individuals in British Columbia.
I would be remiss if I didn’t point out that despite what the previous member was saying about the accomplishments of the B.C. Liberals, we have to remember that it was the B.C. Liberals that did a review of everyone who was in receipt of disability. Over 4,000 people had to resubmit all their forms in order to prove that they continued to have a disability.
That caused great stress and anxiety and grief among British Columbians. It was a mean-spirited act that was then followed by ten years of absolutely no increase to the B.C. disability assistance rates. When they finally did go up $62, they implemented a bus pass fee that clawed 80 percent of that back.
I think that the record of the B. C. Liberals on this file was not something to be proud of. I’m glad that we’ve passed the Accessible B.C. Act, which has the support of members of the community from all across British Columbia. It signifies our commitment to ensure that British Columbia has a straightforward and careful and comprehensive approach to addressing accessibility issues in British Columbia.
The legislation is being implemented with the assistance of members of the community and various disability rights organizations.
I would also point out that in terms of disability supports, we’ve extended the period of time that people live together before being considered a couple. The B.C. Liberals said it was three months. We’ve extended that to a year. We’ve expanded the earning exemptions for people with disabilities.
I would be the first to agree that more work needs to be done. There is never any doubt about that. That work is being done by this government, and I think the legislation before us today is evidence of that. We are confident that this will accomplish the goal of increasing the number of vehicles that are available to people who require mobility vehicles that are accessible.
I think that the questions that members opposite have are obviously going to be asked during committee stage. I’m sure the Minister of Transportation will be able to provide reassuring answers, and we will see continued support for this legislation. I expect it to be in effect as soon as practicable and that we will increase the amount of transportation options available to people wherever they live in British Columbia.
With that, I’m happy to support this legislation, and I’m glad to see that members on the other side have been indicating support. Misrepresenting, perhaps, their record in government, but that’s part of the job of opposition: to try to let people in the province forget about their previous actions. But it’s part of our responsibility to ensure that people don’t forget and that they can see actions being taken now, and those actions are ones that will help the community.
T. Halford: I want to thank the previous speakers before me and especially the member for Chilliwack. I’ll speak on his words in a second.
I will point out this, because I think it’s important. The previous speaker, the Minister of Social Development, made some remarks, and I will point out very clearly that it is this NDP government that is taking away funds from children with autism and clawing that back — money that families need, families deserve and families have fought for. When I have to stand in the rain with parents day in and day out, and this minister, this cabinet, this Premier will not meet with them…. I think it’s absolutely shameful for this minister to get up and tout their record. This minister should speak….
Interjection.
T. Halford: This minister can ramble on all he wants, but at the end of the day, he just sawed off his political attack. And I will say one thing. If this minister has the courage to stand in front of parents of children with autism and listen to their concerns, then maybe that would be a good start.
Deputy Speaker: I would remind the member that we are speaking to Bill 40.
Thank you to the other members who gave input, but the Chair is quite aware of what we’re discussing.
T. Halford: Thank you, Madam Chair. I’ll speak to the bill.
I think it’s important that we stand up for individuals with disabilities, individuals with accessibility challenges. I did listen to the remarks from the member for Chilliwack, and it was an important conversation that he was having in this House. The fact that he suffered an injury like he did trying to get access to transportation, I think, is a damning indictment on where we are with accessibility. That was the first time I heard that story, and it was obviously a very traumatic experience that that he endured. That is truly, truly unfortunate.
I will say that my friend and my former colleague the member for Surrey South, Stephanie Cadieux, was transformational in what she fought for, for accessibility. And I don’t think that the member for Chilliwack was attempting to dissuade people of that notion.
Knowing that former member as well as I do and watching her enter this House in 2009 and the changes that happened within this House because of her presence…. Then we had other members on both sides of the House that came in with accessibility challenges. I think that this building is better because of it.
I think those are important steps. I don’t think…. You know, titles are important, but Stephanie did not need a title behind her name to make that change. That’s a change that she’s going to fight for every single day. She’s, obviously, got a massive platform where she is right now to make those changes. I think members on both sides of the House will do everything possible to support her on that.
The member from Chilliwack spoke about Whistler. I think the previous UBCM, in 2022, was in Whistler.
A UBCM before that, a couple of years ago…. I was there in my previous life. I was attending a reception that the former member for Surrey South couldn’t attend. She couldn’t get her chair in. I think a number of her colleagues and, I think, my colleague to my immediate right made the decision that they were going to support her and also not attend that reception. I don’t think that there was any ill towards the organizers. I just think that it wasn’t properly thought out.
I can tell you the amount of times that the former member had issues with hotels when she was travelling for Public Accounts or the Finance Committee, being in very remote areas of this province and having to wait hours for transportation, if that transportation even existed. In many cases, she would wait a couple of hours and then find out it did not exist. She was then forced to, with assistance, try and find other means.
As we’ve heard before from the previous speaker from Chilliwack, those other means can be quite dangerous, whether you’re having to, all of a sudden, then modify…. I know in Stephanie’s case, she was trying to assist herself into a car that wasn’t manufactured or altered for accessibility. That is not something, in this day and age, no matter where you are in the province, that an individual with those challenges should be facing.
If we look at all of our communities…. In every community, there are challenges with accessibility.
In my riding — I’ll focus on White Rock for a second — we have a lot of seniors that have mobility issues. One of the challenges that they had, when it was time for them to get their vaccinations at the South Surrey recreational centre, was…. There was not adequate public transportation to that facility, and they were using ride-hailing.
When you’re dealing with seniors that are going to get vaccinations…. It was, obviously, a very apprehensive time for them to go, given the current circumstances. This is another added layer of stress. It’s another added layer of cost.
I think something we all have to consider when dealing with our constituents is the challenges that they face, day in and day out, in terms of how they are going to access British Columbia. I think that this legislation…. This Bill 40 is, hopefully, an attempt to get to a better place.
When we have communities…. We talk about the importance of inclusivity. We really have to take a step back and think about what that means. It means that there’s a place for all.
When you think about the stress and having to not be able to be as spontaneous as one would like…. I know, from having friends that have accessibility issues, and I include my former colleague Stephanie in that, that you can’t all of a sudden make a decision that you want to go out in downtown Vancouver and hail a taxi. That’s a challenge.
That’s one where you almost have to have that planned out a day in advance or hours in advance. How are you going to access…? How are you going to get to different things, whether it’s a concert, a football game, a Canucks game or your child’s play at school?
It’s not only the individual that has to take this on; it’s also the family. I remember four years ago. It was my son Ben’s birthday. At that time, both my grandparents were able to live at home, but they were in wheelchairs. We were able to, the day before, make sure that we had ordered a wheelchair-assisted vehicle and for a specific time. They also lived in South Surrey, but that vehicle was 45 minutes late. Then you have to have a specific time when they’re going to get picked up. Again, it actually was worse, as the vehicle didn’t show up. We were then in a position where we had to get my grandparents and safely get them into another car.
It’s a very, very unfortunate event that I think British Columbians deal with day in and day out that we don’t fully realize. It’s something, I think, that’s vitally important when we’re talking about transportation. People need to be able to access all areas of this province. There should not be any barriers, whether it’s a car, whether it’s a hotel or whether it’s a plane. I know the member from Chilliwack has spoken on this and others have in the past, and I will say that we need to make sure that we are doing everything possible to make this province more accessible.
When you look at the fact that 30 cents from every trip was going into this fund…. My colleague spoke about some questions on not knowing the amounts and what was generated in the fund. I think those are important questions, and I’m sure the minister will be very capable of answering those in committee. And moving this up, on January 1of 2023, to…. I think it’s a 200-percent increase to 90 cents.
That’s important for the fact that we have to be able to plan for what’s coming up. We have a very aging society. I know I spoke about White Rock and South Surrey. Not all public transportation is accessible transportation, right? It hasn’t been for a while.
We need to do everything we can to ensure that people that choose ride-hailing have that option, just like myself or other colleagues in this House would, and that they can depend on that. It’s not a luxury. It’s something that is there. It’s something that they can actually depend on, and when they call, they know that somebody is going to be there. They’re not going to be standing or sitting or in any position for two hours waiting for assistance. They know that they’re going to be in a place where they can actually get help.
Even from Peace Arch Hospital, where somebody has been on crutches and they need the assistance to get from one place to another, and they’re dependent on a vehicle to get them from the emergency to their home, there is not always somebody there to pick them up.
I think that this is a conversation we need to have. I think all members have talked about the cost that is associated with these vehicles, and I think the cost is something that is vitally important. I think to structure a vehicle like this…. I’m not educated enough on the exact cost, but I would defer to what the member from Chilliwack laid out. It’s not simple. I know that there are a number of families that have obviously had to make those changes to their vehicles as well.
I would hope that this change here would give us adequate reason to believe that we’re going in a direction where we’re going to have more choice on the roads for people with accessibility issues.
When we move into committee stage, I think it’s important that we talk about the structure and what this legislation would do. I know that we did talk about the fact…. It does take, obviously, considerable more effort, on these vehicles, for the person that’s operating these vehicles to do the pickup and drop-off. I fully acknowledge that we would not want that to be a disincentive.
When people get into a cab or ride-hailing service, they are dependent on the person operating that. We need to ensure that there are structures put in place to make sure that they’re also supported. That is, fundamentally, how we move forward. I think that we need to make sure that the people accessing these vehicles are supported. We also need to make sure that the people operating these vehicles are very supported. I think that’s important as well.
We talk about, and we’ll examine this in committee stage, the mandate to have a certain number of accessible taxis on the road, through a licence, a requirement that currently does not exist for all ride-hail companies. Obviously, I spoke about my former colleague. When she was up…. I forget the town, but I think it was a rural community. When she was on either Finance or Public Accounts, there wasn’t a ride-hailing service available for her that was accessible.
Will there be different standards in different towns based on population, based on time? I think those are all things that need to be examined and talked about in committee.
We also have to look at more equitable ways for those that are looking to access additional transportation options. I think that’s vitally important. I talked about the seniors in my riding that were using these services to get their vaccinations. There wasn’t the public transportation that they could depend on, at the certain time that they were going through, in order to get their COVID vaccinations. I imagine the same thing will be coming at us when they’re getting their flu shots.
We talk about looking forward to exploring how this amendment bill will encourage owners of existing accessible vehicles, which often sit idle during the day…. They could be used to earn income for the owners or leased to other drivers who work for ride-hailing companies.
This underscores my previous point. We need more. I think that this has, obviously, been a shortfall for a number of years. This isn’t something new. I think this is something that, obviously, the government has been looking at and examining, well, since they brought in the changes.
I think it’s important for people to see a path to a system that will have more choice. When we talk about…. The fact is…. Because you suffer from a disability or you have accessibility challenges, you should not be limited on what you do in this province, whether it’s going to vote, whether it’s going to get your vaccination or, as my colleague just spoke about, whether it’s going to work and the impacts that that would have and the challenges that come with that.
Maybe you’re not able to modify your own personal vehicle and you are dependent. Maybe, where you work, you do not have public transportation or accessible public transportation. So does that mean that that individual should not be able to go to their place of employment or university or school or programs? Or maybe it’s going to the recreational facility. We have to look at it from the costs that bear on them.
I am hoping that this is a step in the right direction. It certainly does look that way. But we need to make sure that we are always looking at ways that we can do more.
When we talk about…. The fact is that we have so many people that are aging in this province and we have so many buildings that still need to be deemed accessible. We’re nowhere near where we need to be. That, obviously, does include the transportation sector as well. We need to make sure that we are evolving with that, and it needs to be done in a competitive way.
I can tell you. When you do rely on this mode of transportation, oftentimes it can be met with uncertainty when you do call. They’ll say: “Well, you know what? We don’t have one available.” They’re allowed to say that, right? If they do give you one that’s available, you have no certainty that it is going to show up and it is going to be there.
What does that mean for the other person on the end? They may miss that birthday party. They may be late or unable to get to work that day. They may miss their vaccination appointment, their flu shot. Or maybe they miss their chance, when they were actually going to go and vote. These are all important things that people are entitled to do. I’ve said it again. People should be able to access British Columbia any way they deem.
Like I said, I think this is a step in the right direction. I will say…. I understand that this is uncomfortable for members on the other side of the House. To be honest, it should be. It’s almost embarrassing. There are people with autism that are in wheelchairs. I know them. They’re in my community. Oftentimes they need to depend on ride-sharing to get from A to B. The parents don’t have a vehicle that can equip that, or maybe that parent is working. Individualized funding can often help with those things, especially if there is another transportation, whether it’s ride-hailing….
I know it’s uncomfortable to link the two. But if you’re going to stand up and be righteous about all the things that this government has, reportedly, done for people with disabilities…. Well, sometimes the truth hurts. When you turn your back on an entire community like autism, like they have done….
I think, when you’re looking at things like Bill 40, you have to think about how that encompasses that. Do people that are using ride-hailing services…? Some of them that are using accessibility ride-hailing services have autism. Some of them use their individualized funding for those fares. That’s a fact, an uncomfortable fact.
I’d be embarrassed, if I was the minister responsible, for taking away individualized funding from kids, but that is a fact. I’d also be embarrassed if I couldn’t even take a meeting with parents, but that is also a fact.
Interjection.
T. Halford: You can “wow” all you want, but it’s true. It’s sad, but that’s the way that this government — in particular, this minister — operates.
With that, I will conclude my remarks on Bill 40.
Deputy Speaker: Recognizing the member for Kamloops–North Thompson.
P. Milobar: Sorry, Madam Chair. I thought maybe the minister was getting up to speak.
I rise to speak to Bill 40, the Passenger Transportation Amendment Act.
This is a bill that takes care of a few changes needed as it relates to ride-sharing, ride-hailing, TNCs, whatever we want to call them. I think it’s safe to say most people in B.C. have been happy with the rollout in the cities that it’s been allowed in and disappointed that it hasn’t been allowed in other areas of the province.
I was on the all-party committee that looked at this situation. In fact, the former member for Surrey South, who we’ve heard a lot about here today, and rightfully so, was on that committee as well.
There was very much an awareness around the issues around accessibility, as it relates to ride-hailing and what steps could be recommended, or not, when the committee did their work and brought forward the recommendations to government to try to find a way forward to get rules in place.
There was a lot of discussion around whether or not to have a fee, whether or not to have a prescribed number that each ride-hailing company would have to have for accessible units.
My recollection of those discussions, though, was that given that it’s a very fluid nature — the numbers of vehicles that are in operation at any given time with something like a ride-hailing company — it would make it very tough to try to have a finite number, a prescribed number, of accessible vehicles on the road at any given time, unlike a traditional taxi licence that’s attached to a very firm number of taxis.
The thought was — and that’s what gets us to Bill 40 here today — to have that fee for the rides so that it would go into a fund. That was intended to try to help taxi operators or ride-hail operators that have accessible vehicles to have a pot of money to be able to draw from for those expensive modifications and repair and maintenance things that need to happen on a regular basis on accessible cabs.
I know in Kamloops’s case, there are a lot of times where the accessible cab, although it’s part of the licence, is out of service for repairs. It makes it very tough.
When I travelled with the member for Surrey South not just for the ride-hailing committee but also on the Finance Committee with her for a couple of years, we would literally…. The Clerk’s office would organize transportation for us as we flew into a small northern town, usually. I would be waiting with the member for the accessible vehicle that was supposed to come, only to find out there is no accessible vehicle in that town, and a lot of times the vehicle that was arranged for transportation simply was not suitable.
There were many times where I would sit with the member from Surrey, and we’d wait and wait and wait for something like a Toyota Matrix–type size of vehicle to arrive so that I could help her get in and out and help her with her chair.
A lot of times the airports were closed by the time we got in late at night. It was winter, it was cold, and we were just sitting there. Now, imagine, without the backing of the Clerks and the Hansard people that were travelling at the time with us, phoning and trying to help that situation…. Imagine a person just travelling on their own — and they should have a right to be able to travel on their own in this province — trying to find themselves an accessible vehicle.
That really did lead into the conversations around the ride-hail committee looking into the rules that should be needed for the fee. It was seen as a way to try to advance accessibility for transportation options, not just in major metro areas but across the province, because there are a lot of small towns where they do have a taxi — a taxi — but that doesn’t make it an accessible taxi.
The thought is that they should be able to tap into these funds to change that taxi to an accessible taxi to broaden the ability for the public, even in those smaller towns, to have access to equal and fair transportation options to get themselves around. A lot of times it is for medical appointments and things of that nature. They’re literally going from, say, Barriere into Kamloops, 65 or 70 kilometres for a medical appointment, but they need that accessible vehicle.
So when I look at this bill and I think of the timeline that got us here — almost six years later from when this was first being discussed as a ride-hailing option — it’s disappointing, I guess, to see that it has taken this long to get forward these latest amendments to the Passenger Transportation Act.
One thing is very clear. As I said at the beginning, ride-hailing seems to be working and well received in the few cities that it has been allowed to take place in. But it has been turned down in more cities than it has been approved in, and it’s creating weird end runs, with ride-hail companies trying to now acquire other ride-hail companies that were too small to operate but got a licence. The bigger company didn’t get a licence, so they weren’t able to operate.
So when I read through Bill 40…. I’ll touch on more about the fee for accessible, but there are also a lot of clauses in this that are dealing more specifically with the transportation board and their handling of applications for licences. I just don’t want that to get lost in all the conversation. It’s absolutely critical that we have thorough and thoughtful conversations around the accessibility issues and the challenges people have and how they are going to be able to access the fund. We’ll certainly canvass that when we get to committee stage in terms of the overall funding source.
It’s also important that we actually have a properly functioning transportation system of a mix of taxis and ride-hailing companies, because without that…. That’s the missing piece that we need to have. That’s what connects a lot of people, even in urban areas, to the major transportation options that they have and to the bus networks and to the SkyTrain networks. If this was a telecom discussion, we’d be talking about that last mile of connectivity. That’s what a lot of these services provide to people. Then when you get into more remote rural areas, when transportation options like buses aren’t even an option, it’s the only way people have to get around.
As we see an aging population, as we see more technology come on that’s easily acquired by people that have mobility challenges, it’s important that our transportation network be adapted to accommodate things like the medical scooters and the wheelchairs and the assists that people have. And that’s why the fund…. We don’t take a great issue with it going to 90 cents a ride at this point from 30 cents a ride. The bigger question is: what the heck is taking so long to roll the dollars out?
Now, to be fair, we had COVID hit just as things were getting underway. We’ve really only had about a year or year and a half of actually what you would consider heavier use of ride-hailing because of the initial delay to get ride-hailing implemented in the first place. And I say that it’s a delay because if you think of it, back in March of 2017, when we were still in government, we had announced our plans around bringing in ride-hailing, our plans for supports to help modernize the taxi industry to make sure that they can stay competitive, to make sure that the full transportation options were available to the travelling public while trying to minimize the impact to existing operators as best as possible.
Then in May of that year, the NDP made a similar commitment in their election platform of 2017, but it wasn’t until July of 2019 that we actually got the regulations in front of us. Here we are, almost three years later, finally making some amendments to a piece of legislation that obviously hasn’t resulted in the uptake and the supply of vehicles on the road that were first envisioned. That’s disappointing, because that could be the piece. That could be another critical piece, especially on the accessible access point, that can be a game-changer for people.
It serves no purpose to be charging 30 cents or 90 cents per ride if there are so few licences out there actually charging it that we have $32.95 sitting in a bank account somewhere. That’s not going to help the industry be able to modernize and create accessible, well-maintained transportation options, either in taxis or in ride-hailing cars and vans.
The NDP government hired a consultant for $190,000 to do a report on ride-hailing, but they haven’t put that much money into this fund, even. Consultants seem to always get paid very well when it comes to the NDP, but the actual deliverable of what the committee talked about, what the public talked about….
I will say it wasn’t just the committee talking about the need for accessibility. It was presentation after presentation. My friend from West Vancouver–Sea to Sky was on the committee with me as well, when we got those presentations. It wasn’t an afterthought. In fact, one of the main discussion points of that committee was on how to deal with the accessibility challenges needed to be met in this province — with an aging demographic, especially.
It’s a little disappointing that we’re here three years later, finally dealing with this and having to make amendments to the bill. You know, there’s clause 5: “…amends the test the board must apply in determining whether to approve an application for a licence by requiring the board to consider, as the first part of the test, whether the applicant is a fit and proper person to provide the service and is capable to provide the service, and to consider the other parts of the test only if the first part is met.”
There are actual amendments to the act in this on what the Passenger Transportation Board is needing to do as they adjudicate potential licenses coming forward, as they adjudicate renewals or not and whether or not they will allow that renewal to happen or not.
When we get to committee stage on this bill, it’ll be important to understand why this was missed in the first place, what types of problems have been created by not having these amendments in place over the last three years, and whether or not that’s why we’re seeing an inability for these companies to get licensed and actually operate in the vast majority of cities in this province.
It’s good to update and modernize legislation when it’s needed, but it does make one question, when it’s only a three-year-old piece of legislation, why it was missed three years ago, when it was brought forward; why it was missed, despite having an all-party committee issue a 43-page report full of recommendations and guidance to the government to create the structure; why it was missed, with that report provided by the all-party committee, layered with the $190,000 Hara Associates report; why these amendments were missed then; and the impact they have had by being missed for three years.
We consulted heavily with the taxi industry back then. How could this all be missed — based on what they were seeing and their impacts: their concerns around licensing and the process around the Passenger Transportation Board being the adjudicator? We heard greatly from the ride-hailing companies then, too. Again, why were these amendments missed three years ago, when the first piece of legislation was brought forward to enable ride-hailing in the province?
If it corrects the error and we start to see more capacity in the system around the province, that’ll be a good thing, but only if those funds that are supposed to be going into this accessibility fund are generating enough dollars that the existing taxi industry — which does have to provide accessible cabs, as part of their licensing structure — has the ability to tap into a fund that has enough money in it to actually be helpful.
With only ride-hailing companies paying in, their customers paying in the 30 cents right now, soon to be 90 cents a ride, I’m not sure if the government’s intention is to just simply triple the amount of money coming in by tripling the fee without adding any more capacity to the system.
Now, if they tripled the fee and added some more licensing and some more operators into the system, you would probably start to have enough funds to have a meaningful difference on accessibility for people and access to the vehicles they need to be able to get around. Again, we’ll have to wait until committee stage for that side of it.
[S. Chandra Herbert in the chair.]
Now, as I say, this bill, although light with sections, is certainly not the shortest bill we’ve had but is far from being the longest, when you consider Bill 36, at 645 clauses. It certainly has enough to it that it will require a little bit of thought and care by the minister as we get to committee stage, as we probe those clauses, the consequence that these clauses will have, either intended or unintended, because a lot of times that’s what we find.
I say that because, frankly, even as opposition, I haven’t gone back through the transcripts to read the debate when we first brought in the ride-hailing legislation, whether we were raising alarms around some of these clauses back then. If we missed it, that’s unfortunate. Sometimes we miss it because we get things like time allocation put on bills. The government tells us: “We’re done debating it. Move on.” This could have been in one of those packages — the original bill that has led us to Bill 40, with all of these amendments now. That’s the risk you run when you rush through legislation in this place.
We only have a clause or two dealing with the actual fee and the redistribution of the fee. The rest of the clauses and the five or six pages’ worth of the bill are actually changing how the Passenger Transportation Board is to deal with applications, licences and decision-making as to whether things get approved or not.
Again, clause 5: “Section 28 (1) is repealed and the following substituted: (1) The board may approve, in whole or in part, an application forwarded to the board under section 26 (1) [other licence applications] after considering the following: “(a) whether the applicant (i) is a fit and proper person to provide the service the applicant proposes to provide under the special authorization, and (ii) is capable of providing the service.”
Then: “(b) if the board considers that the applicant is a fit and proper person to provide the service and is capable of providing the service, (i) whether there is a public need for the service, and (ii) whether the application, if granted, would promote sound economic conditions in the passenger transportation industry in British Columbia.” Now, that sounds like a pretty fundamentally big piece of what constitutes an approvable licence application or not, and has been missed for the last three years.
When you read that section, when you read section 4 ahead of it — which is simplifying a provision, based on the description of the clause — and then clause 6, which clarifies the board’s authority and simplifies a provision, it’s no wonder that we haven’t seen very many licences approved in British Columbia and that have actually operated, because there’s a big difference. I know that in the case of Kamloops, we’ve had licences approved. They never really operated, so no real benefit to the community.
You have a taxi industry that’s nervous, wondering what’s going on with these ride-hailing licences that have been approved but are not fully operational. They’re hesitant to try to apply to get more licences. Yet they’re the ones that have to actually provide the accessible transportation options as a condition of their licence, but there’s no fund for them from the province to tap into, because it’s funded by ride-hailing passengers that don’t have a vehicle to call.
The premise of going from 30 cents to 90 cents is understandable. The problem, as with most things with this NDP government, is that it’s the execution that seems to be sorely lacking. The accountability and the tracking, in any type of metric to judge whether things are working well or not, is missing. We’ve not heard any clear understanding of how many dollars are even in this accessibility fund. It doesn’t appear that there’s a thorough or well-thought-out way to distribute and apply for said funds.
Here we are, three years after the fact, with a bill that’s supposed to be updating things in an industry that has floundered for three years. Only in B.C. could the NDP meddle with something as open-source as ride-hailing, to the degree that they have, that we don’t really have it, except in a couple of cities. It has put negative pressure on the taxi industry at the same time. That’s the problem: a taxi industry that, by law, has to provide accessible transportation options, but there’s no fund for them currently to meaningfully tap into.
As I say, the government had no problem finding $191,000 to pay a consultant to do a report. The $191,000 would have been a good start to an accessibility fund — to get more accessible cabs on the road, to encourage ride-hailing companies to have their own accessible cars. In this day and age, vans are very expensive — let alone modified; let alone the regular certification you need to do. Most cities have an age limit on vehicles that can be in service. It gets to be very expensive, and they’re very expensive to repair and maintain.
That’s why a lot of them aren’t on the road: they break down a lot. When it’s the middle of winter, it’s 25 below out, and you’re waiting for your accessible taxi…. We heard the member for Chilliwack talk about ordering one for an hour and a half ahead of time and then finding out at the 1½-hour point that it was still at least an hour away. Imagine trying to do that on a New Year’s Eve when it’s 30 below and the establishment you’re in says they’re closed. You’ve got to wait outside.
For the members that think that that doesn’t happen, it happens fairly regularly on weekends. Be it in rain, or be it in snow and cold, people should have the right — and they expect the right — to be able to reasonably order a transportation option, regardless of what accessibility provisions they need in that vehicle to be able to get themselves around.
Bill 40 is a good step, I guess, in trying to amend some of the problems that we’ve seen over the last three years. We’ll reserve judgment on whether or not it’s going to actually create any meaningful uplift in accessibility options for people.
It’ll certainly be interesting, as we get into committee stage, finding out just exactly why there needs to be so much revision to a three-year-old piece of legislation and whether or not that has actually resulted in the inability for these companies to operate properly and the inability for the taxi industry to access the accessible funds that it was always intended, by the committee, to create in the first place.
I thank you for the time on Bill 40, Mr. Chair, and I look forward to hearing other people’s comments.
J. Sturdy: I am pleased to have the opportunity to speak today, from an opposition perspective, on this Bill 40, the Passenger Transportation Amendment Act (No. 2). This side of the House, anyway, seems interested in the debate. It is important that we do revisit this bill or this legislation because there has been a sort of tepid adoption or limited opportunity for TNCs to be expanded around this province and to provide other transportation options and opportunities for many, many people in British Columbia.
I think some of these changes are certainly welcome. There’s been much talk today about accessibility, how accessible vehicles are funded and the training that supports those vehicles. But it’s certainly not well…. I think it was referenced earlier by one of the other members that there is lots of work to do in this regard to provide those options to people around the province, especially people with disabilities.
We’ll talk, I think, at length and in detail at committee stage, because this is, in many ways…. Like many pieces of legislation in this House, some degree of it is enabling and isn’t spelled out. So I think the opposition will well want to understand what those details are.
As mentioned by my colleague from Kamloops–North Thompson, this has been rather slow-moving — another slow boat, I guess, to get to a wide adoption of TNCs or ride-hail in British Columbia. And this was a promise — an election promise, I think — from all parties in the 2017 election, and fundamentally, it’s taken, really, until 2020 before we really saw any adoption of TNCs or what we call ride-hail.
I think that’s a bit of a misnomer. People need to better understand the difference between ride-hail and ride-sharing. Certainly, those two terms are not interchangeable, although oftentimes considered as much. In fact, as the member from North Thompson mentioned, I did serve on the standing committee, which was…. It always was a bit of a mystery to me why that committee got the job, but it was the Select Standing Committee on Crown Corporations that got the job to look at ride-hail.
I just wanted to review some of that work that we did as a background to this. It was interesting to note that the…. So this is the beginning of the executive summary: “On November 28, 2017, the Legislative Assembly approved a motion instructing the Select Standing Committee on Crown Corporations, the committee, to examine, inquire into and make recommendations on ride-sharing in British Columbia.” So, right off….
They do go in to clarify, but I think it’s important to understand, for constituents, that ride-sharing is where you share a ride and may or may not compensate for that ride. But ride-hail or TNCs, transportation network companies, are a different approach that involves a more structured and fee-based service that many of us would also better understand as companies like Uber or Lyft, which are available and accessible all over the world — not so much here.
The minister did actually mention the select standing committee in his opening remarks to this bill. What he didn’t mention is that many of the recommendations of the committee the government chose to ignore, which has again created some challenges for these companies to expand and to take advantage of the opportunity here in British Columbia because, frankly, there isn’t a lot of opportunity.
I think we have, here in B.C., ride-hail beyond cabs in the way of Uber or Lyft in West Vancouver to Abbotsford and south to White Rock, but that excludes parts of Metro Vancouver, certainly, not the least of which are Bowen Island and Lions Bay and up the Sea to Sky or on the Sunshine Coast. These are areas, I think, that could certainly use some access to ride-hail.
Interestingly, it’s been approved in Nanaimo-Parksville, so there’s ride-hail there. I’m not quite sure why the Passenger Transportation Board has deemed that to be an appropriate area.
The member for Kamloops–North Thompson mentioned Kamloops, Merritt. When I looked, interestingly, on the coverage map, that is quite the area. It’s Kamloops south to Merritt and north of Blue River. That is quite a catchment. But it was interesting to hear the member mention that the supply of the appropriate number of vehicles has not been…. It’s been disruptive to the taxi industry and not well adopted by the TNCs.
Then, around Prince George–Mackenzie, and again, quite a big area down to Valemount…. So I guess, theoretically, you could catch a ride-hail in Merritt and get to PG. So that is a fairly big chunk of B.C. But I don’t know…. That would be the route that…. You wouldn’t be going up 97, though. You’d be going up the Yellowhead. It might not be the most direct way to PG.
I’ll have to speak to some of my other colleagues to see how well adopted it is in the central part of British Columbia. But there are many other parts of British Columbia, not the least of which is where we stand right now, that don’t have access to TNC vehicles.
So after the committee made its report and submitted it to the House, government chose to commission another report — that was the Hara report, another $200,000 report — I guess because they didn’t trust the committee’s recommendations and felt that they’d better authorize the development of a report by a friendly to push back on innovation.
But one of the areas of the committee work that was certainly supported, and unanimously supported, interestingly….
There were five key areas that the committee reported on: accessibility, some of which we’re dealing with today; employment; public transportation; traffic congestion; environment; small rural-remote communities; and the taxi industry.
One of the other pieces that the committee also recommended was that there be data, provision of data, to support demand monitoring, to support forecasting and to support planning. Frankly, that’s one of the things that I haven’t seen referenced in this legislation, the data on which some of these recommendations are built.
One of the other recommendations was: “As vehicle and public safety are paramount, the committee makes several recommendations in this area. TNC drivers should have a class 5 driver’s licence and medical exam and, if appropriate, submit a driver’s abstract, national criminal record check and vulnerable sector check on an annual basis.” I think all of that was supported, except the class 5 piece. The class 5 piece is certainly one of the more important pieces and one of the pieces that has created real challenges for supplying enough drivers.
When I think about that, I really do think about certain areas that I represent. I think about Bowen Island, in particular. Now, there’s a very limited transit service. There are no cabs. It’s a really hilly island with narrow roads that don’t lend themselves to alternative forms of transportation. In fact, I was just having a conversation with a previous council on Bowen Island, and they’re moving towards development of a huge new regional park, on Cape Roger Curtis on Bowen Island, which is really, really exciting. But the road to get there from Snug Cove is…. I don’t know how long it is, probably six kilometers, eight kilometers, something like that. It’s in pretty bony terrain, and there’s just no easy way. There are no shoulders on the road, and there’s no easy way to get there.
I think they estimated. Hopefully the Minister is listening, because I think they’re looking at about $8 million to $10 million to complete a trail, an accessible trail, to get to Roger Curtis. That’s not the kind of money that Bowen has accessible to them.
Back to this, to the transportation issues. There are very limited transportation issues on Bowen Island, yet there is a demographic, a group of people who would be well-suited to be an Uber driver or a Lyft driver, a TNC driver. But there’s no opportunity for them to be that driver, because there are no ride-hail services on Bowen Island outside of the catchment. So far, the Passenger Transportation Board has chosen to not allow for Bowen Island to be part of that service.
There are retirees. There’s a bunch of people that could add a lot of value to that transportation network on Bowen Island, but they’re not eligible. Even if they were, trying to get a class 4 driver’s license is not a simple task. There’s no evidence that it’s necessary. There’s no data that supports additional safety. There’s no real reason that…. Certainly, the committee or the industry seems to think that it’s necessary. Anyway, all to say that a place like Bowen Island doesn’t have access to ride-hailing and does need it.
The government chose not to support the recommendations of the committee — certainly not all of them; some of them, certainly, yes — and didn’t really do it based on any evidence, unfortunately. We’d hoped to see in Bill 40 that there were some amendments, some consideration of some of these recommendations of the committee and some knowledge and building on the experience that we’ve seen over the last several years.
Albeit I think it’s recognized that the data that would have been collected over the last several years is imperfect because we had, as everybody knows, pretty much a shutdown for quite some period of time and a long recovery before people felt comfortable moving around and had a need for some of these services.
I’ll touch on some of that data in a second. It is kind of interesting how things have changed.
No evidence has been put forward to support some of these recommendations. No data has been provided. There’s no data in this bill or supporting this bill. It just seems like there are additional limits to how to expand the ride-hail business.
Clearly, the PTB has had a very severe impact on the ability of this industry to expand. Overall, the strategy to keep the TNCs small, or a small footprint, here in British Columbia has been successful.
This legislation does make changes to the Passenger Transportation Act that will…. One of the things it will do is it will authorize government to utilize fees that have been collected since ride-hailing was first introduced, around accessibility. This is one of the recommendations of the Select Standing Committee on Crown Corporations — that money should be collected to provide opportunities or to provide expanded accessible options, mostly for taxis, seemingly.
The question was: will we have ride-hail vehicles, TNC vehicles, that will be accessible? I suppose it’s clear that some would be. What’s not clear in this bill is where the moneys that have been collected….
A good question, which was raised earlier, is: how much money has been collected? I’m sure the minister will be able to help us with that in committee stage. How much has been collected, recognizing that we went through COVID, not that we’re finished COVID…? There was a huge impact on the use of these TNC vehicles and taxis, so what would the forecast look like? If we hadn’t had to experience that, how much money would we have collected? What does that forecast look like? Then, going forward, how much money are we anticipating to collect, and where will that money go?
I think that’s a very reasonable question because there are a lot of areas…. I think it was discussed earlier that these vehicles are expensive to build or modify. There’s training associated with the use of these vehicles as well. So who will be eligible for these funds?
Maybe it’s in one of the many press releases that has gone out. I’m told that the fee will increase from 30 cents to 90 cents. As much as I went through the bill, I didn’t see any reference to that.
I take it that’s an OIC initiative or a regulatory initiative that will be generated. It’s not something that is in the regulations.
Interjection.
J. Sturdy: We certainly…. There’s no reference to it, anyway. So I take it this is a promise as opposed to a commitment in legislation. So promises, promises, promises, but let’s assume that that’s going to go ahead.
It is a good question as to why it’s taken so long to create a plan to distribute…. Who will be eligible? It sounds likely that the taxi industry will be the main beneficiary, but will ride-hail or TNCs be eligible? Will handyDART be eligible or…?
I know that there is certainly a shortage of handyDART vehicles in my part of the world, in the Sea to Sky. In fact, we don’t even have handyDART, I don’t believe, in Whistler or Pemberton, just in Squamish. I’m sure there are many parts of the province of British Columbia that don’t have handyDART, which is a pretty important transportation component.
So who is going to be eligible for these funds, and how will this affect training opportunities? And training opportunities for who? Training opportunities for just the taxi industry or beyond that?
The member for Chilliwack gave us a reflection on his experience with some of these services and how difficult it was, how uncomfortable and how unprepared some were to actually support and carry people with disabilities. And he did mention…. He disparaged the opposition for when we were in government, which was unfortunate and, I don’t think, necessarily fair. He did mention that we did have two cabinet ministers and a private member that were….
I don’t know. What’s the….? I was going to say wheelchair….
Interjection.
J. Sturdy: What is it?
D. Coulter: They use a wheelchair.
J. Sturdy: Okay. That’s probably the simple way to do it. Thank you very much. They use a wheelchair.
I know that as we travelled the province, in many cases, it was with these members. It was certainly a learning experience for me to recognize and to understand the range of challenges that these people face. When we looked at Michelle Stilwell,, her ability to get around was pretty phenomenal. That was one end of the spectrum. Then we looked at Sam Sullivan, who was limited to an electric wheelchair and how hard it was for us to get around — for him to get around — and what we had to do just personally to support him.
I remember going to one of the towns in the Interior, and it was very difficult for Sam and Sam’s support. We all had to, essentially, pitch in. So I certainly do appreciate what it…. Not with a great deal of experience, but certainly, I understand that we need to provide as many options as possible, and we need to help people, also, who are operating these TNC vehicles or ride-hail vehicles to understand what it takes.
Also, how do we factor in the compensation for these operators? Clearly, it’s not like a taxi, where you run out on the street and wave them down and hop in and away you go. For the operator, it takes significantly more time. It’s a much bigger commitment.
You have to, oftentimes, help people, assist people from their building or from wherever they’re originating, through some obstacles on the street to the vehicle. Reconfigure the vehicle as well — oftentimes, there’s a ramp or whatever — and then load, reconfigure again, bring the ramp in, make it safe, travel and then do the reverse. It’s clearly going to take more time. If we want to support these operators and we want to make them more available around the province, then we need to make sure that they can be compensated adequately and appropriately.
It is critical that people with disabilities have the right to the same transportation options as people without disabilities, and it’s frustrating that it’s taken as long as it has to increase accessible option opportunities. After a couple of years and two terms — five years and two terms; six years almost — it’s nice see government take the concerns of the accessibility community seriously and finally start implementing a program that will put to use the fees they’ve been collecting. As I said, I’m curious how much they’ve actually collected.
This is an important and encouraging step, and there are questions around the legislation as to why it’s taken so long to get to where we need to go. But it’s good to see that we’re finally developing a program to enhance accessibility, although, as I said many, many questions about what that is, what that looks like.
I do want to…. Recognizing that I am the member for West Vancouver–Sea to Sky, and I do represent Whistler and was a long-term employee in that community, I do think it was notable that the member for Chilliwack condemns Whistler and condemns his Whistler experience. I think that was most unfortunate. He’ll probably want to review the Blues tonight and see if what he says was accurate.
I think he said he had a terrible experience, and it somehow justified the cancelling of the 2030 bid based on his accessibility experience. It was a bit of a bit of a leap, it seemed to me. And then talked about how it took two hours to get a cab. That may be reflected in the fact that there are no TNCs in Whistler. There’s no Uber or Lyft in Whistler. There was an application that, as recently as ten months ago, was rejected by the Passenger Transportation Board for expansion to Whistler.
This was from a Canadian Press report on December 17 of last year, “Ride-hailing company Uber’s application to expand service…to Whistler has been denied,” because it’s better to wait two hours for a cab than have additional opportunities or options. The board says granting Uber’s application at this time would unduly harm existing companies.
I guess a two-hour wait is okay. That okay. There’s no harm to people there. It did find Uber to be fit and proper to deliver transportation services, but it’s not convinced there’s a need for Uber services in the rest of the province.
I think there’s much more to be discussed. We will be in committee stage shortly. As I’ve said time and time again, with enabling legislation, the devil is in the details, and I think, in this case, there are many details lacking.
I will also pass on the member for Chilliwack’s perspective to the mayor of Whistler. I’m sure he’ll be happy to hear it.
Deputy Speaker: Thank you, Member. We have a committee looking to report, so is the member able to move adjournment of the debate for now, before we…? We will come back. Don’t worry.
J. Sturdy: We reserve our right, but we….
Deputy Speaker: I think you’re finished.
J. Sturdy: I’m finished, yes. I’ve run out of time, but I move adjournment of the debate for the time being.
J. Sturdy moved adjournment of debate.
Motion approved.
Deputy Speaker: I believe the Speaker wants to do this part.
[Mr. Speaker in the chair.]
Report and
Third Reading of Bills
BILL 34 — OPIOID DAMAGES AND
HEALTH CARE COSTS RECOVERY
AMENDMENT ACT, 2022
Bill 34, Opioid Damages and Health Care Costs Recovery Amendment Act, 2022, reported complete without amendment, read a third time and passed.
Hon. M. Rankin: I believe in the other place, the committee will be reading Bill 36 in committee stage.
In this House, second reading on Bill 40.
[S. Chandra Herbert in the chair.]
Second Reading of Bills
BILL 40 — PASSENGER TRANSPORTATION
AMENDMENT ACT (No. 2), 2022
(continued)
Deputy Speaker: All right, Bill 40.
Member for Abbotsford South.
B. Banman: Thank you very much, Mr. Speaker. It’s good to see you.
It is indeed a pleasure to get up and speak with regards to Bill 40, the Passenger Transportation Amendment Act (No. 2), 2022.
I think we should start on I think what everyone in the House can agree on, more so than in the House, what the general public can agree on and support as well. That’s that it’s important to note, and support, that people with disabilities have the right to the same transportation options as people without disabilities. I can’t think of anyone that would disagree with that, who is a reasonable human being at least.
I guess it’s particularly important to me, because I saw patients all the time that…. Even though Abbotsford is part of the Lower Mainland, they had difficulty getting to my office for an appointment, and I would not be alone in that. People with disabilities…. And why this is important is because it’s about independence.
What this bill — the amendment to the bill, rather — provides is a sense of independence that allows people who, other than the fact that they are, as the member for Chilliwack put, in a wheelchair — thank you for that — have difficulty getting to shopping, have difficulty getting to a dentist, a doctor, something as simple as a haircut, something as simple as going out for dinner with friends or being able to go to an event. It allows them that independence and freedom that most of the population takes for granted.
And if I may, for a minute, it becomes even more than that. I remember being here in Victoria, and the fire alarms went off in the hotel I was in. I happened to share that hotel with the member from Chilliwack, and he expressed his frustration with the fact that he could not get off of the floor that he was on. I shared that frustration with him — that there was an inability for him to be able to get down to the lower floor.
Now, what’s that got to do with transportation? Well, in a way, it’s transporting from a top floor to a bottom floor, and the member had the right to be able to get there. Now, it’s not going to be ride-hailing, but it sort of puts into emphasis that if, for instance, you are a father and you need to get to the hospital because a loved one has had a severe accident…. What most of us take for granted — hopping in a car and getting there — many people cannot do.
And there are different levels. Even though there are those that use a wheelchair, there are different levels of disability even within that. We have seen that in this House. We have seen it with former members, some who had very sophisticated electric wheelchairs, those that were incredible athletes.
I also remember when I was in Chilliwack, when Rick Hansen came to speak. I remember the platform that staff had built that was in no way, shape or form at the correct angle. He made it up there, and I remember him saying: “That was a test, wasn’t it?” Where I’m going with this is that there are different levels of ability for even those that are in a wheelchair. They’re not all the same, but they still have the need and the right to be able to, as I said, get to that doctor or get to the hospital or go to a birthday party, whatever it may be that the rest of us take for granted.
This bill addresses some of that. I would say, if you have heard, it has been long overdue. I would also say that one of the complaints that I have had directed to me was that when Uber and Lyft came to be, it put the taxi industry upside down. Taxi licences which were selling for in excess of $200,000 became almost worthless overnight.
So what they expected from this House was for us to take a look at this particular amendment and come to it a little bit faster than we did. What you’ve heard from this side of the House is a frustration with how long it has taken for this amendment to get to the floor.
I think it’s important…. Sometimes the opposition likes to paint this side of the House as being heartless, that we don’t care. Oh yes, we do. Come on. You could admit it. But it’s important to note that the B.C. Liberal government — that’s right, the B.C. Liberals — announced plans to introduce a series of important improvements to help the taxi industry modernize and remain competitive in anticipation of ride-hail services by the holiday season in 2017. And then in May of 2017, the NDP election platform committed to introduce ride-sharing to B.C.
The B.C. government hired Hara Associates to consult with the industry stakeholders to complete a close to $200,000 report in October of 2017. In February of 2018, there was, which is normal standard…. An all-party standing committee delivered a report on ride-sharing to the Legislature. In 2018, the NDP government announced it was adopting the recommendations in the Hara report and the all-party legislative committee on modernizing the taxi industry and improving marketplace conditions for ride-hail companies to enter the market.
Then in November of 2018, the NDP government introduced legislation to allow ride-hailing in B.C. by the fall of 2019. Then in March of 2019, an all-party standing committee delivered yet another report on ride-hailing — basically boundaries, supplies and fares — and they discussed things such as driver’s licences. That was important because taxicab drivers required a different driver’s licence than just a class 5, and one of their bones of contention was that it was not really a level playing field. That’s why the driver’s licence on that was important.
In July of 2019, the NDP government announces regulations on insurance policies. That was one of the hangups, as I was understanding, to bring in things such as Uber and Lyft. How do we make sure we have the appropriate insurance? Again, the taxicab companies would say: “Look, our insurance is through the roof, and it’s not fair that someone on regular ICBC insurance should be able to do this. It’s bad enough they don’t have the same driver’s licence. It’s bad enough they don’t have the same qualifications.”
This is related to this amendment in that the qualifications in training are important. For instance, how do you ensure that someone is secure in a vehicle if they happen to be in a wheelchair — for instance, if they’re not able to exit that wheelchair? How do you ensure that they are able to get safely on and off and are secured for the ride, for instance?
The regulation insurance probably allowed for ride-hailing. The companies would be able to start applying in September of 2019, with the vehicles on the road later that year. And then in January of 2020, the minister’s statement on ride-hailing was to coincide with approval of Uber and Lyft application by the Passenger Transportation Board.
Now, what this bill does is it allows for the registrar to make accessibility-related payments to licensees, be that ride-hail, taxi, limo drivers or other prescribed persons and/or organizations. The other thing that the bill does is it makes several changes to the Passenger Transportation Board that expand their authority and powers. Those would be in clause…. There are a number of clauses in that. I’ll get to those later. What the bill finally does is it makes the long-awaited changes to the Passenger Transportation Act that allow authorities and government to utilize the fees that government has been collecting since 2019.
[J. Tegart in the chair.]
With regards to those fees, there is a 30 cent per trip fee that’s currently charged only on ride-hail trips. It will increase by 200 percent, I’ve been told, by January 1, 2023, to 90 cents per trip. Now, that makes sense, because we know that accessible vehicles are more expensive to buy. The modification that is required can be extremely expensive.
I have had patients that have had some of these, which they’ve done for themselves personally, to allow a motorized wheelchair in. That was just for a dependent that they had that was unable to drive. The modifications that were done to the vehicle were substantial.
Where you can go buy these vehicles is limited, and what vehicles you can use are also limited. We know that they’re more expensive to buy. They’re more expensive to insure. They’re certainly more expensive to maintain, and because they are generally modified and heavier and larger, they generally require more fuel.
I would imagine, in the very near future, if not already, someone has figured out how to apply that to electric vehicles. With the world coming to hydrogen or all sorts of different imaginations that we have yet to see, I am sure that some of those issues with regards to higher fuel costs will be overcome.
We also know that the drivers of these vehicles actually spend more time providing assistance. What’s meant by that is…. Unlike ride-hailing, where if I hail someone, I can just simply jump in, in many cases, the driver has to ensure, as I was saying before, that the passenger is secure and that the lift system works or the ramping system that may be in that vehicle works. All of that takes more excessive time than what would be for a simple taxi or Uber ride.
It’s worth noting — we go back to 2017 — that this government has been in power now for two terms. As was mentioned by one of my colleagues, almost six years. They’ve been six years in government. I’ve got to applaud the government and say….
While it’s been a long time coming, I’m happy to see this amendment finally on the floor. It’s nice to see this government take the concerns of the accessibility community seriously and, albeit longer than many people wanted, to finally start implementing a program that will put to use the fees that they have been collecting for a considerably long time.
I look forward, in committee, to seeing what’s happened to those fees, how much of those fees have been collected, what the totality of the fees is and, more importantly, especially when we’re going to increase the rate of the fee from 30 cents to 90 cents, who it is that will be able to apply for and receive those fees and under what conditions. As was mentioned by, again, one of my colleagues, the devil is always in those details. I would hope that there is an accurate accounting of where those fees are and what those fees and what the rules will be to apply for them.
It’s badly needed. As we heard, in the Lower Mainland, parts of the Okanagan, I would think, and parts of British Columbia, the ability to have accessibility in a ride-hail is perhaps not ideal, but it’s there.
As the one member mentioned, it was up to two hours for a wait. I would say that in a lot of communities that rely on simply a taxi business, depending on when you call…. You call on a Saturday night at six o’clock to go out for dinner, you…. If you can’t reserve one ahead of time or, worse, if you don’t know exactly when you’re going to end an evening…. Two hours is not out of the realm for anybody trying to get a taxi in some communities.
We look forward, during the committee stage, to how this particular bill will help achieve the select standing committee’s recommendations on whether or not the drivers that have invested in these highly specialized vehicles, as we mentioned — the ones that generally, probably, consume more fuel — will receive any kind of a trip bonus; whether they will receive a yearly allowance, for instance; what percentage of ride-hail vehicles on the road will be accessible; and how that pie is going to be divvied up to provide that simple thing that we started off with in the beginning.
The overreaching goal is to ensure that people with disabilities have the right to the same transportation as those who are able-bodied. How will these fees that are being collected be put to the best use? Will it ensure that the overreaching goal is going to be achieved? I am sure that there will be plenty of questions during the committee stage, where we will burrow down into this particular piece of legislation.
The other thing that I think is important is…. One of the things you want to do is, also, encourage people to invest in these vehicles. If you don’t have the vehicle, you don’t have the ability. How will this particular amendment encourage people to actually invest in said vehicles and get into the business of providing the ability for people with disabilities to have that right to get anywhere that the rest of us can?
A lot of these vehicles sometimes sit idle. Will we change the legislation to allow the sharing of vehicles, the co-owning of these vehicles? Will we be allowed to lease them to other drivers who work for other ride-hail companies, for instance?
What are we going to do to ensure that those particular vehicles are used to their highest and best use? If it costs more money to buy these vehicles, one would assume that we would want to do everything to ensure that these vehicles are on the road 24 hours a day. The need is there 24 hours a day, seven days a week, 365 days of the year, unless it’s a leap year. Then you can toss in one extra day.
The other thing we want to look at is how this bill is going to support the taxi industry. As I mentioned earlier, the taxi industry…. The public demanded Uber and Lyft, and the public is never wrong. The damage that it did to some of the taxi companies was severe.
I’ve mentioned that the taxicab drivers don’t feel as if they’re on a level playing field, that their licensure is different than class 5. I know in Abbotsford, for instance, if they have two minor accidents, their licence goes under review, and they have to go through a criminal check.
That’s important, because you want to ensure…. You know, I have a granddaughter. Although she’s pretty responsible, I imagine: what if she was out late one night and did the sensible thing and did the ride-hail and caught a ride home?
Anyone who transports anyone is in a position of trust. There is a moral contract that they will come home and come home safely, that they will come home without risk of being subject to harassment or abuse and that they won’t be overcharged and that the correct change will be given and that that particular driver will ensure that they actually make it into their building, rather than just drop them off. It depends on where you live, what time of night, but the most precious cargo we have…. We often wonder: why do we put all this emphasis on taxicab drivers? That’s why, because very precious cargo is inside those machines, those vehicles.
People with disabilities should be treated no differently. We want to know how it’s going to support the taxi industry, because the other thing that’s worth noting, in addition to having all of those requirements that a taxicab driver has, including their chauffeur’s licence, is that they’re also mandated to have a certain number of these vehicles on the road. In doing so, again, the bone of contention with taxicab drivers and companies is that that is not currently a requirement of Uber or Lyft.
I look forward, in the committee stage, to finding out whether or not there will be any changes to the requirements of Uber and Lyft, whether they, too, will be required to put some of these badly needed vehicles on the road.
Now, I mentioned earlier that there were some key clauses of the bill, and I’d like to go over those if I may. The first clause, clause 1, makes the registrar responsible for sorting accessibility and allows it to make payments related to this initiative. That’s where I was talking earlier about: how is that pie going to be divvied up, and who’s going to get it? As we were saying, we look forward in committee stage to going over this clause and getting some of those answers. I am sure that the minister is just chomping at the bit to tell us. I am positive that the minister wants to share that he has all those answers all ready to go.
Clause 2 clarifies the definition for a board proceeding to include reconsiderations.
Clause 3 clarifies that a board proceeding may include or can include “records, information and reports obtained or produced by or for the board.”
Clause 4 — and I’m sure this is riveting stuff for the people at home, but it is these types of detail in committee meeting that will come out, that we’ll understand what the ramifications of each of these clauses are — eliminates the option for the board to review and make a determination on an application for a special authorized licence. Now, in that particular one, if the goal is to get more of these vehicles on the road, I am sure there will be some questions with regards to that as to exactly how this clause will play up and what it means.
Clause 5 amends the test the board must apply in determining whether to approve an application for a licence, by requiring the board to first consider that an “applicant is a fit and proper person to provide the service and is capable” to provide the service.
If this is met, then the board can consider if there is a public need for the service and whether the application would promote sound economic conditions in the passenger transportation industry. Now, in the Lower Mainland, I can see why that would be important, but there would be parts, and in very small areas, in British Columbia, where perhaps that is not required.
Clause 15 allows for the LG to make regulations regarding clause 1.
So I think it’s important that we take a look at the NDP’s record on ride-hailing. When they came to power, the NDP originally committed to the previous B.C. Liberal government’s promise to introduce ride-hailing by that Christmas of 2017. Sadly, it is yet one more in a long list of broken promises, and this one was done, actually, within months of the NDP taking power.
I wonder what a person with disabilities who’s been eagerly awaiting the ability to have that right that we all agree on, the same ability to get around as the rest of us…. I wonder what they think about the NDP breaking that promise so quickly after being elected.
Okay, the NDP then, on the same initiative, broke another promise of ride-hailing by the end of 2018. They couldn’t seem to get it together, for whatever reason. They made the path to ride-hailing as complicated as possible, creating obstacles. They created uncertainty for the ride-hailing industry in a way that no other jurisdiction ever had.
Now, we often get accused of not being helpful, on this side of the House, but the official opposition even twice introduced a bill that would bring certainty for ride-hailing and opportunity for the public to benefit on a much quicker timeline. What did my members of the opposite side of the House do? They quickly dismissed it, not once but both times, and that extended and delayed the process, and it need not have been.
Every now and again, this side of the House comes up with an idea that can speed things along, but I guess when you outnumber this — the other — side of the House, you feel as if you don’t have to listen. I don’t know. It doesn’t make any sense to me.
Even once the ride-hailing companies were finally given the opportunity to operate in B.C., they remained limited to a small, tiny list of regions, which have expanded very little since. Explain that one to me like I’m a six-year-old and it makes sense. It doesn’t make any sense at all.
The NDP have broken promise after promise, and while they began collecting the fee for an accessibility fund, it has taken them years to do anything with the money or take any real steps to improve the accessibility and ride-hailing. Ride-hailing is available in every other part of the world, but the NDP has always made it as difficult as possible for British Columbians and those with disabilities to have the same rights as everyone else.
E. Sturko: I’m certainly glad to have the opportunity to rise today to continue this debate on the Passenger Transportation Amendment Act. It’s true that there are some vital and long-awaited changes in the bill that are important to highlight as well as some questions about the structure of the legislation and the impacts that I’m sure that we will discuss in greater detail in the committee stage.
This legislation finally does make the changes to the Passenger Transportation Act that are going to authorize the government to use the fees that they have been collecting since ride-hailing was first introduced, with the first vehicles actually receiving their approval and licensing in 2019. That’s more than three years ago.
They’ve been operating, in B.C., ride-hailing vehicles that are not wheelchair-accessible, and those that were not wheelchair-accessible or accessible to people with disabilities have been charging an extra 30-cents-per-trip fee, with that money going to the province for a passenger accessibility fund.
However, up to this point, nothing substantial has been done to use that money, to improve accessibility, and it’s unclear at this time, even with the proposed increase of 200 percent, which will bring it up to 90 cents per trip, if that will make a substantial difference in providing the number of accessible vehicles that we’re going to need.
People might remember that ride-hailing was a particular interest and something that was very contentious in my riding, particularly in 2018, when we had our Surrey municipal election previous to the one that we just had this October. It actually was an election issue, with our former mayor, Doug McCallum, vowing that he wouldn’t actually allow ride-hailing in the city of Surrey. The reason for that was because we have a substantial number of individuals working and living in Surrey who are part of the taxi industry. At that time, it was very, very concerning to members of the taxi industry just how this ride-hailing would actually impact that industry.
We have people who have multigenerational interests in taxi companies, people who have been doing this as a means to support their family and even families back home in other countries. One of the things that they brought up…. A big concern for them at the time, which actually led, I would say, to hundreds and hundreds of people filling our banquet halls, putting together rallies, making sure that their voice was heard…. I know that people here at the provincial level did hear those voices.
One of their concerns at that time was the availability of accessible transportation. They felt that it was a very unlevel playing field with respect to the fact…. Taxi companies were mandated. They had to have a certain number of accessible vehicles in their fleets, to make sure that those vehicles were maintained and to make sure that those vehicles were distributed evenly across their licensing areas. Yet when ride-hailing was brought into effect in our province, they didn’t have those same types of constrictions on them.
We’re really looking forward to seeing, obviously, how this bill is going to support the taxi industry. Like I said, it is mandated to have a certain number of accessible vehicles on the road through their licensing. It is a bit perplexing that there wouldn’t be a similar type of licensing requirement for ride-hailing companies.
One of the reasons why I find that a little bit concerning is…. Even with the 200 percent increase to the fee that’s being charged for vehicles that are not accessible, so from 30 cents up to 90 cents…. We know that these types of vehicles are very expensive to acquire. If it’s a vehicle that’s being purchased and then after-market alterations are being made to the vehicle, they need to have secondary inspections. They are often not as fuel-efficient. So that adds to the cost of operating vehicles like those. And they can be hard to come by. We have a supply chain issue globally.
One of those concerns for me, too, is the length of time that it’s taken for this legislation to be tabled. We know that although a portion of this money has been collected, our ability to make sure that we’re keeping up the infrastructure that’s going to provide people living with disabilities in our province the ability to access transportation certainly has been impacted during that time.
It leads me to wonder — and I hope that we get into this during Bill 40’s committee stage — how we are going to be incentivizing drivers to actually do upgrades to their vehicles or to purchase vehicles that are going to be accessible. It’s one thing to collect the money and have the ability to pay for individuals to make these purchases. It’s quite another thing to try to rely, especially with the structure of, for example, an Uber or a Lyft, where people are using primarily their own personal vehicles to do the ride-sharing….
How do we incentivize people like that to make these significant commitments, particularly if it does become their primary vehicle? It’s actually adding expenses to their own life in terms of fuel economy and other considerations like safe storage of the vehicle.
After two terms and five years in government, it is nice to see the government has taken the concerns of accessibility in the community seriously and has finally started to implement a program that will put these fees that they are collecting to use.
But it is the length of time that is quite concerning for me. Any delay that I see, going forward, would, of course, set us back in terms of the ability to ensure equal access for people who have disabilities. We even know that right now our ability on the provincial level to provide people with accessible transportation is even being impacted within our school districts.
I’m the Education critic, and I’ve heard many stories this year in particular about the lack of drivers available to drive school buses and other accessible vehicles. This driver shortage has actually led to kids in my school district 36, in Surrey, of actually not being able to get to school, because there’s no school bus. Then, sadly, as a result of a lack of the numbers of accessible vehicles we need on the road — both in the taxi industry and then again, because it’s not mandated through ride-sharing — these poor kids, these youths, were not able to get to school.
Many people reading stories like that in the news may even have said to themselves: “Well, yeah, the school bus couldn’t come, so take a cab.” But the reality in our province at this time is that although they’ve been collecting this 30 cents for every single ride for Uber and Lyft and all these ride-hailing, we haven’t built the capacity in our communities that we need. If it’s this bad in a city as large and as quickly growing as Surrey, I mean, heaven help us in smaller communities that don’t have the same type of ride-sharing and ride-hailing and taxi and even school bus services that we have in the Lower Mainland.
To have accessible transportation and the freedom to go where you want is vitally important. It’s not just because we want to support people’s equality, which is, of course, fundamental. People have the right to be treated equal and not discriminated against in our province or country on the basis of their disability. But you know, it’s not only important to be supporting people in terms of equality. We have to make sure that the system is also equitable.
That means that we have to make sure that while we go ahead with this program to ensure that we have more accessible transportation, it isn’t only focused on areas of the province with the densest of populations, because, as my colleagues have said, we do have a large need for accessible transportation regardless of where you live in this province.
It also brings me to another point about the importance of accessible transportation and accessibility in our province. It’s not only about people’s rights, and it’s not only about making sure that we’re respecting and not discriminating against people. We also saw how isolation affected so many people during COVID.
When you think about it…. You know, I feel very blessed in my life. I’ve been able-bodied, and I’ve been able to go anywhere I pleased whenever I wanted. I’ve often taken that fact for granted.
I think this discussion that we’ve had today, certainly with other members on both sides, talking about the importance of giving everybody that opportunity…. When someone, regardless of living with a disability or not…. If they have an appointment, or a friend just invites them for coffee — that they have that ability to leave their home, to have transportation and not have to wonder whether it will show up or have to book it a week in advance, for goodness sake, to just go to a friend’s house.
And we know even during the holidays that are coming up very quickly that there’ll be an even greater demand for all types of transportation. And we know how often accessible transportation has been overlooked, so we have to keep that in mind as well. It’s important for us to make sure that we have this equality, because it’s not only to support people’s physical well-being — ensuring that all British Columbians have an opportunity to get to their appointments, to get to their health services, to get to their education — but their mental health as well.
I really do think that it’s a positive initiative to make sure that we are moving forward with ways in which we can pay to have upgrades for vehicles that are accessible and to increase the fleet size of accessible vehicles in our province.
I really do hope that through our committee stage, we’ll be able to dig into that a little bit deeper to ensure that there is going to be a timeliness to this legislation and to ensure that there are ways of incentivizing individuals who would be able to access it.
I do want to make sure that we do continue to explore how this will impact the taxi industry. I think ride-hailing services and the ability to use apps online to access rides has been a game-changer for a lot of people. I just want to make sure that with the way that the game has changed for people that live in my city, it’s equitable on both sides.
Whether you are working for a ride-hailing company or whether you’re in the taxi industry, I think we want to make sure that people can continue to support themselves and their families here and abroad. We want to make sure that the people have the right kinds of incentives to do this work as well.
I hope that it can be a game-changer for people who have disabilities so that we can see even more participation and more freedom for individuals to do the things that they love and to be a greater part of the community without any kind of discrimination or delays or obstacles that they have to overcome.
It’s important that we continue to consider the fact that accessible vehicles are way more expensive to buy, to insure, to maintain — and of course, the fuel costs. That’s why it’s disappointing for me, too, that we haven’t had more traction on seeing a greater ability to help British Columbians in a time when the cost of living is so high.
I know that, in terms of speaking about the incentives to get investments, particularly in the ride-sharing industry, to buy accessible vehicles, to buy things with wheelchair lifts, to buy these bigger vehicles, certainly fuel prices are going to be a major consideration for anyone who is considering making this type of personal investment. I think it would have gone a heck of a long way if we would have seen the gas taxes suspended, even temporarily, to give British Columbians, including people who operate ride-sharing vehicles, a break.
We saw in Alberta that they temporarily suspended their gas taxes, and of course, it had a positive impact. I think that it’s one of the other steps that could be taken by this government in addition to having the ability to pay these accessibility fees, showing drivers of ride-sharing that it’s not going to cost you more in gas because, in fact, we’re going to make gas more affordable by removing that gas tax and then, of course, by having the fees being able to help pay for those enhancements.
One of my fears is that it’s not going to be enough money. Although I don’t like to see taxpayers burdened with ever-increasing costs…. And it seems like every time we turn around, there is another tax burden. Since 2017, we’ve seen billions of dollars of increased tax revenues, 30 separate tax increases and today another tax piece of legislation tabled that would see people who are attending major events have to pay an increase in taxes. That’s disappointing.
So when we’re thinking about fees, everywhere we turn, there is something more to be paid. I’m really interested also in digging down how this 200 percent increase in fees gets passed on to consumers. Everywhere you look, yes, it’s just 60 more cents, but every time we turn around, it’s another 60 cents being added onto the cost of everything.
This along with the increased gas prices and increases in just about everything right now in this province is just getting to the point where it’s absolutely stifling. People, regardless of whether they need an accessible vehicle or not, are going to have a hard time even going out for a trip and using a taxi or ride-hailing service because they simply can’t afford it.
So when we do move on to the committee stage of this bill, we look forward to examining the changes. We want to explore how this amendment bill will help achieve the select standing committee’s recommendations on whether ride-hailing companies and drivers of wheelchair-accessible vehicles will receive a trip bonus or how certain percentages of ride-hail vehicles on the road will be accessible.
If we are looking at a structure where we have a trip bonus…. Again, this is something that we’ll have to dig into in the committee stage. But I have some concerns, and I hope that we can really sort this out and dig through it, because I think British Columbians will need to know where the trip bonus will be coming from. Are we talking about increasing fees again, overall, and adding even more burden of cost onto ride users?
Primarily, people are looking for a way of making life more affordable, not less affordable, so every little bit counts. What may seem in this House to be a very minimal increase, like a 60 cent increase, in the long run, for a family, can make the difference between putting your kid into gymnastics or another event or having to stay home because things have just spiralled out of control.
We also look forward to exploring how this amendment will encourage owners of existing accessible vehicles that often sit idle during the day — how they could be used to earn income or be leased to other drivers. One of the considerations here is just insurance and the increase in liability when we have other vehicles or other drivers using our vehicles, so this is something that we’re going to have to look at.
It is interesting because there is a global supply chain issue not just with accessible vehicles. In my own riding, I’ve heard from lots of people who are heavy-equipment operators. They are talking about how, usually, they would add on a couple of new cement trucks to their fleet, for example. But they said that they will call up to put in an order for a vehicle at this time, and they pretty much get laughed right off the phone, because they’re just not available. Whether it’s microchips or just the products that go into making vehicles, we’re having a heck of a time overall finding these kinds of vehicles.
It’s concerning that we’ve waited this long to see this initiative, this piece of legislation come forward. My fear is that now that this government is finally taking action, there will be nary a vehicle to find and that we in fact will be the ones getting laughed off the phone when we are trying to find accessible vehicles.
Perhaps the suggestion that we look to the owners of accessible vehicles now to see if they might be able to join into ride-sharing or perhaps market it more to them so that they would be able to have their vehicles leased or borrowed or lent or used in a program to create more accessible vehicles. That will be something that we’ll have to look at, for sure.
Additionally, we’re looking forward to examining how the bill is going to look at the disparity between the mandated number of taxis that have to have accessible vehicles and whether or not, going forward, there will be any appetite for ensuring that these multinational companies who are operating here in our province will themselves have to have any type of mandated numbers of accessible vehicles.
It continues to be an uneven playing field, because the licences for ride-sharing certainly don’t have the same requirement for them to provide accessible vehicles. In the meantime, the person that is actually suffering…. The ones that are suffering, the ones that are waiting are the people who need accessible vehicles to come and pick them up.
We’ve heard time and again…. My colleagues here have given numerous examples of even people who have…. Well, actually the woman who occupied my seat here, former MLA for Surrey South Stephanie Cadieux, herself often, although doing government business, had to wait to receive transportation. It’s just simply a matter of equality. Certainly, we see the way that the distribution of accessible vehicles and accessibility in our province certainly isn’t equitable.
I just want to remind the NDP of their own record here on ride-hailing, They had made promises to actually get it done by Christmas of 2017. It would have been a big stocking stuffer, but of course that promise was broken within months of taking power, which is unfortunate. Then they broke their next promise of ride-hailing by the end of 2018. I think I said earlier that, actually, we didn’t see the transportation board approve licences for ride-hailing until 2019.
You know, it was actually a year after it had become such a hot-button issue in my own riding and in my city that we actually even saw the first ride-hailing licences being granted.
I guess the reason I bring that up is because I feel it needs to be said that British Columbians expect action, and they expect things to happen in a timely manner. I’m not sure that three years of collecting 30 cents for every non-accessible vehicle and then waiting all this time is taking action.
That’s a huge delay, especially when we were dealing with, as I mentioned earlier, a pandemic. People have been extremely isolated. I can’t imagine how isolating it would feel to not even be able to just quickly call a cab or call for a ride-hailing service to come and get you — but unfortunately, they can’t take you to a friend’s, take you for support, or take you to the coffee shop, because they don’t even have the ability to accommodate a person who may be in a wheelchair or who may have other mobility issues.
We need things to happen a little bit faster. I hope that it doesn’t take another three years for this government to take some action and to get things rolling, so that we actually have more accessible transportation for people who so desperately need it.
In my riding, we have a number of seniors and, of course, new families, and Surrey South is not overly transit-accessible. We have some good corridors, but particularly in the Douglas community of Surrey South, there are no buses, unless you walk 30 minutes. You know, Trevor Halford, the Surrey–White Rock MLA, lives in my riding. From his house, it’s more than a 30-minute walk all the way to the first bus stop.
Imagine if you’re a person with a mobility issue. You’re going to be reliant on things like taxis. You’re going to be reliant on things, in that circumstance, like ride-hailing. It would be a desperate situation, particularly if you have something come up on an emergent basis. We’re hearing stories of people that are waiting — having to book days or even a week in advance for a doctor’s appointment — and of kids not being able to get to school. It’s simply not acceptable. We really need to make sure that, of course, we get the ball rolling on increasing the amount of accessible transit.
The NDP broke their promise, as I said, and then they made the path to ride-hailing very complicated. I think you’ve heard my colleagues talking about that as well. They created obstacles and uncertainties for the ride-hailing industry. They did that in a way that no other jurisdiction had. It was extremely complicated. I’ve never seen such confusion.
I really do think that a lot of the misinformation, confusion and lack of clarity was one of the things that lead to such outrage in my community, with people filling banquet halls and really upset about what was happening with the uneven playing field for the taxi industry. That’s as a result of a lack of information and a lack of clarity. People deserve to have that kind of clarity, particularly when we’re talking about an industry that has supported so many people in my city and in my riding. They deserve better; they deserve more.
It has been disappointing, particularly with so many failed benchmarks, like Christmas of 2017, and then ride-hailing by the end of 2018. The official opposition even twice introduced a bill that would have brought some certainty for ride-hailing and opportunity for the public to benefit on a much quicker timeline, but it was dismissed both times. That was one of the things that led to the extending and delaying of the process. Then, even once ride-hailing companies were given the ability to operate in B.C., it was limited to a small number of regions, and it has really only been extended very little since then.
I think we have to take a close look, and I’m happy that we’re having this opportunity to speak to this bill today. One of the things that we’ve been able to, I guess, voice on behalf of our constituents and the people of British Columbia is that there is such a disparity between what people have and have not in this province. Certainly, when it comes to people living in our province with disabilities, they’re at a terrible disadvantage with their ability to access transportation.
I feel positive and a lot of hope. I have to say that I don’t mean to seem, maybe, not supportive of Bill 40 — I think that it’s great — but I am being cautious because I do think that after seeing the delay, certainly, of three years in order for us to finally see some changes, it’s a cautionary tale that we have to make sure we continue to press, to keep the best interests of all British Columbians in mind.
[Mr. Speaker in the chair.]
Ride-hailing is available in every part of the world, but it has always been a little bit more difficult for people here in British Columbia. I’m not sure why we would want it to be that way. Certainly in my riding, we don’t. We want to make it as easy as possible. I’m really looking forward — welcome, Mr. Speaker — to us being able to dig down on some of these issues.
I hope that some of the conversations that have emerged today…. Thinking on a lot of the challenges — not only in providing accessible transportation, accessible ride sharing, accessible taxis and in sorting that out but in really, really putting our minds together to make sure that it’s done in a timely way, that this is enough money and that we roll it out quickly — as I said earlier, there is a substantial supply chain issue. My worry is that even with the amount of money that we’re able to have this government give to operators, we won’t be able to find enough vehicles ready to meet our needs.
Thank you very much for this opportunity to speak to Bill 40. Thank you, Transportation Minister, for your work and thank you to all my colleagues in the House for having this conversation.
Mr. Speaker: Seeing no further speakers, does the minister wish to close?
Hon. R. Fleming: Yes, thank you, Mr. Speaker.
I want to thank the members for participating in the debate this afternoon, raising a number of points and talking about the pathway we’ve been on to modernize the taxi and ride-hail industry, really, since 2018, when it began in earnest, and with some recognition, I think, in the debate that we’re here at this late month in 2022, having just been through a global pandemic.
The reality is that we launched ride-hailing in this province formally in January 2020, and in March 2020, B.C. and the world were in lockdown. Here in British Columbia, we were in an official state of emergency. For the next 2½ years-plus life changed, not only for eight billion people on the planet, but five million British Columbians. The trajectory that that put us on as a province, adapting to health restrictions and all of the uncharted territory we were in, for the first pandemic in 100 years, seriously impacted the ground transportation sector in B.C. and, indeed, around the world.
In B.C., the taxi industry suffered something like a 70 percent drop in passenger trips. The taxi industry needs to be thanked for continuing to work as an essential service to serve British Columbians. Those who have no other transportation options, in particular, depended upon the taxi industry adapting to the new situation and showing up for work each and every day. The ride-hail industry, which had made a number of business plans and business assumptions, was also knocked off course from its original growth plans.
I do want to correct some of the comments. I know they were probably made in a friendly way, but there was a suggestion that this government has delayed in introducing ride-hail, as well as in modernizing the taxi industry. I want to remind those members opposite who made that point that Uber began service in North America in the year 2011. They began in something like ten to 20 cities in the year 2012.
Between 2011 and 2017, the B.C. Liberals, when they were in government, introduced no legislation, introduced no real steps to introduce ride-hail service at all, when city after city and province after province in Canada did so. There was no initiative in 2011, there was no initiative in 2012, and there was no initiative for ride-hail in 2013, 2014, 2015, 2016 or 2017.
Then, when the government transitioned in 2017, the new government found that the previous government had done almost no, or very little, work to introduce ride-hail. I know they were politically sensitive to it — and the member who just spoke, from Surrey–White Rock, explained that — with banquet halls full of people who were living in economic uncertainty.
That is exactly why the provincial government, this government, introduced a parliamentary committee to examine the best ways — and the worst ways, quite frankly — of introducing ride-hail that we had experience with. In 2018, that parliamentary committee held extensive hearings, produced a report that led to an expert report that was based on the economic introduction and the implications of it in 2019, and we passed legislation in 2019.
In January 2020, just shy of three years ago, ride-hail landed in Metro Vancouver and in other regions. So in actual fact, our government acted in just a couple of short years, having inherited no work from our predecessors, to finally introduce ride-hail in a way that was sensitive to the small business owners who compose the majority of the taxi industry throughout British Columbia.
We had some discussions about how this is complementary legislation to handyDART. Members talked about what — or what not, in their imaginations — this government has done via our public transit agencies, namely B.C. Transit and TransLink. Well, let me remind the House of some of the significant achievements that we have done, including the introduction of the Compass payment and the elimination of FareSaver paper tickets.
We have introduced monthly pass discounts for handyDART users, reducing it from $100.25 a month, a fare that we inherited from the previous government, to today, where it costs $57.30, almost in half. We modernized handyDART service in every way. including bringing in technology for text-based service alerts. We brought in a handyDART food service delivery vehicle, important in the midst of the pandemic, partnering with Neighbourhood Houses. We’ve introduced wellness calls to clients before we do pickups in the handyDART system.
More broadly, in terms of public transit, the budget that passed this House ten months ago introduced an 11 percent increase into public transit for the B.C. Transit service. It is also a budget that supported a 27 percent increase in the total track capacity of the SkyTrain system. I’m speaking specifically of Broadway and the Surrey-Langley SkyTrain system, a $6.7 billion investment into accessible public transit.
Interjections.
Hon. R. Fleming: Now, the one concern…. And I thank the member for Peace River South, who has graciously yielded some time to me.
This bill does not grant excessive or centralized new powers to the Passenger Transportation Board. What it does — we’ll get into this in committee stage, I’m certain — is provide clarity about how they do their work. It is very important work that they do. These are tribunals. They base their decisions on evidence and due process for licensees. The amendments we seek here are based on well-established legal principles of administrative fairness.
There are some gaps in ride-hail, and we’ve heard about that from members, but in most cases, including markets like Kelowna and Kamloops, it’s because licences have been granted to the ride-hail industry but not taken up — understandably so, given the uncertain market conditions that the pandemic produced.
I look forward to further debate and to the questions that the critic for Transportation and Infrastructure will undoubtedly have. I think what this bill signals is that this is about government doing continuous improvement, continuing to modernize the taxi and ride-hail industry, making sure that accessibility and living up to the principles of the accessibility act that this government passed are adhered to in the transportation sector.
That’s exactly what this bill is about, and I look forward to passage of Bill 40.
Mr. Speaker: Members, the question is second reading of Bill 40.
Motion approved.
Hon. R. Fleming: I move that the bill be committed to a Committee of the Whole House to be considered at the next sitting of the House after today.
Bill 40, Passenger Transportation Amendment Act (No. 2), 2022, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Hon. M. Farnworth moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow.
The House adjourned at 6:26 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 34 — OPIOID DAMAGES AND
HEALTH
CARE COSTS RECOVERY
AMENDMENT ACT, 2022
(continued)
The House in Committee of the Whole (Section A) on Bill 34; R. Leonard in the chair.
The committee met at 2:43 p.m.
On clause 1 (continued).
M. de Jong: When we left off last day, we had had a conversation about the settlement with Purdue. I think one of the last questions I asked was about the division of those settlement proceeds amongst jurisdictions within Canada. The answer I think the minister gave was that that hasn’t been settled, hasn’t been determined definitively yet.
What’s the process for doing so? When might we expect a definitive statement on how settlement proceeds from this action will be divided amongst jurisdictions in Canada?
Hon. A. Dix: B.C., as we discussed on Thursday, is the lead plaintiff. There haven’t been those discussions to date. We, of course, are in touch with other provinces all the time, but I don’t have any further information for the member as to when he might expect that decision to take place.
We’re having a broad discussion under clause 1, so I’m not saying it’s in that order. But it’s also kind of beyond the scope of this case, although it’s relevant, and we’re answering questions as best we can. But in that case, these would be matters between the provinces. But I don’t have any information or more information aside as to when that decision would be made.
M. de Jong: I thought I heard the minister say — and if I misheard, then he’ll correct me — that there have not yet been discussions with the other provinces about the allocation of settlement proceeds. Is that correct?
Hon. A. Dix: What I’m saying is that the settlement has gone through a number of stages in the process, including the discussions between the jurisdictions. But the process of determining the allocation within the settlement, no decision has been made on yet. And really, I can’t…. That’s a matter between…. Presumably, it would be a matter as between all of the people involved. I don’t have any information provided as to when that would be.
I think the question the member had that I answered was: “When are you going to make that decision?” The answer that I have is that we don’t have any further information to provide. So we provided the information publicly, but the amount of the settlement….
B C. is the lead plaintiff, effectively, on behalf of all the jurisdictions. But no decision has been made, and I don’t have a timetable to provide as to when that decision would be made.
M. de Jong: Is there a settlement mandate for the government of British Columbia?
Hon. A. Dix: Obviously, matters in these processes — the member is more familiar with this than I — are privileged, in a broad sense. I mean, obviously the province…. It wouldn’t be in the public interest for them not to be, I suspect.
If I understand the question…. The member may want to describe more what he’s trying to get at. We’re trying to understand what he was trying to get at, so he may want to clarify that in further questions.
But these are matters as to…. Presumably, he’s asking: when is the settlement acceptable, and when is it not? A question like that. But these are, obviously, in these kinds of discussions between plaintiffs and defendants of this action, matters of privilege for our lawyers. The member will well understand that.
M. de Jong: I pointedly and purposely did not ask what the mandate was. I asked if there is one, and if there is, how it was arrived at. This is litigation that is designed to ultimately secure hundreds of millions of dollars, if not more than that, in settlement proceeds. There is a settlement that the government has touted as being the product of this litigation that this legislation relates specifically to.
What we’ve learned thus far is that since the announcement of that settlement in June of this year, there hasn’t been any progress made around how those settlement proceeds are going to be divided amongst the provinces of B.C. But I’m sure that the minister would confirm his hope and the government’s hope that this is the first of other settlements. The matter may yet proceed through to trial, but I suspect the hope is that the presence of the litigation will provoke other defendants to come forward and engage in settlement discussions.
In fact, maybe that’s happening now. I haven’t asked about that. I’m asking: is there a settlement mandate, and if there is, how was it arrived at?
Hon. A. Dix: Clearly, the people involved in this, in the government of British Columbia, are very committed to this process and working hard on it. But our view, and the advice I’ve received, is that such a question would be, I guess, part of the legal strategy of the government. But to say that….
We’re obviously preparing and working hard. Our legal teams are working hard. But this is our confidential legal strategy — this question in the action.
In the case of the Purdue settlement, the settlement was arrived at as between, in that case, one of the defendants and the lead plaintiff, which is the government of British Columbia. Ultimately, there’s an effort to seek that that be supported by the B.C. Supreme Court. That’s what’s happening there.
But in terms of what our mandate is, what our strategy is, there’s not much more we can say except that, obviously, given that we’re taking the steps, and we’ve taken the steps we’ve taken in court, there is one.
M. de Jong: In the past, a settlement of the sort that the government announced with Purdue arising out of this litigation would have required a review and approval by Treasury Board. Did that occur here?
Hon. A. Dix: There might well…. The member is a former Minister of Finance, sat on Treasury Board. I sit on Treasury Board too, so I understand that, in a general sense, there might well be a Treasury Board submission. Once the money comes in for the expenditure of that money, there might conceivably be that. But it’s not the Treasury Board that would be approving the settlement.
There would be, in this case, I think, a delegated authority through to the Attorney General or the Deputy Attorney General, as the case may be, from the Lieutenant-Governor-in-Council, in this case, because it involves the Ministry of Health, the Ministry of Mental Health and Addictions and other things. Those ministries might be involved as advisers, but the delegated authority is to the Attorney General, effectively. In this case, that would probably mean the Deputy Attorney General making these decisions.
M. de Jong: That’s helpful. I’ll repeat what it means to me, because I want to make sure…. If I understand it incorrectly, the Health Minister can correct me. What I gather from that is there’s no Treasury Board review of the settlement proposal itself. What I heard the Health Minister say is that if and when funds are actually received, which would go into general revenues, the jurisdiction of the Treasury Board to oversee its ultimate expenditure would kick in. I think we understand that.
I will say I am surprised that on a matter of this sort, there wouldn’t be some Treasury Board involvement in the creation of a settlement mandate. I’m going to say this again, because the minister has been here for a while, as have I. I’m pointedly not asking him to disclose what the settlement mandate is. I am asking, and have asked, that he confirm there is one, and he hasn’t done that, which suggests to me that there isn’t one.
Why is that significant? It’s significant because if — as the government hopes, and, I think, the minister hopes — there is a series of negotiations, there will need to be something to guide those negotiations, as opposed to what I think I’m hearing about, which is a pretty ad hoc process at the moment. If the Health Minister takes issue with anything I think I’ve heard or my spin, if you will, on what I’ve heard, he’s quite capable of indicating that to the committee.
It sounds like the approving authority for any of these settlements will be the Attorney General or the Deputy Attorney General. Is that correct?
Hon. A. Dix: Well, there’s nothing ad hoc about it. In the case of the Purdue settlement, for example, it’s been agreed to by all of the jurisdictions in the country. So that’s nine other provincial jurisdictions, three other territorial governments. That’s a pretty systematic process.
Obviously, the government has a legal strategy and one that we’re pursuing in concert with all of those other provincial and territorial governments and soon, we hope — it’s later in the bill — the government of Canada to respond to the actions of certain enterprises and, perhaps, again, if changes are brought in, their directors and officers with respect to the overdose crisis and in our country, with respect to opioid damages related to that in our country.
There is a strategy, but the elements of that strategy, including elements that the member is talking about, we can’t disclose, because it’s our legal strategy. Suffice it to say that with this many…. With us as the lead plaintiffs, working with all the other jurisdictions in the country and soon, we hope, with the government of Canada….
We believe that there, obviously, is a strategy in place. There have been some results so far. We’re going to continue to pursue that strategy. In addition, the measures that were taken in 2018 and the measures that are taken in this bill will assist the people of B.C. and the people of Canada in getting the justice that I think they so richly deserve.
M. de Jong: All interesting, of course, and informative.
The question, though, was: when a proposed settlement is arrived at — which the lead litigant, the lead plaintiff and other jurisdictions in the country have indicated support for — within British Columbia, within this jurisdiction, is it the Attorney General or the Deputy Attorney General who has the authority to sign off and commit the province of British Columbia to accepting that settlement and, presumably, discontinuing the litigation against that defendant?
Hon. A. Dix: The Attorney General or the Deputy Attorney General can sign off on agreements, but the basis for that and the delegated authority is the cabinet, the Lieutenant-Governor-in-Council. That would be the case in all of these settlements. But there may be, should they happen in future settlements and in other settlements…. They’re done under those auspices.
Given the nature of this — it is a legal case — and the involvement of all the jurisdictions…. They work hard together to arrive at the best possible circumstance for the people of B.C. and the people of other provinces.
The authority is the cabinet. Sometimes that authority is delegated to ministries — ministers, deputy ministers — and that would be the case here.
M. de Jong: I think the Health Minister answered my question in his final statement. For the purpose of this litigation and the defendants now named in this litigation, has the authority been delegated to the Attorney General to sign off on settlements?
Hon. A. Dix: The authority is still with the Lieutenant-Governor-in-Council. In a particular settlement, the signing authority for that might well be delegated to the AG, the Deputy AG or someone else.
M. de Jong: Was that the case in the Purdue settlement?
Hon. A. Dix: Yeah. Again, the decision was under the auspices of the Lieutenant-Governor-in-Council — the cabinet, effectively. In that case, the signing would have been delegated to the Deputy Attorney General.
M. de Jong: All right. I’ll have one more go at this.
In the past, where litigation of this sort has given rise to negotiations…. In this case, it’s as a result of litigation initiated by the province, but there are other types of negotiations, obviously, that take place between the government and others. The practice has been, in advance or, at least, prior to arriving at a proposed settlement, to draw up a set of parameters that will guide the decision-maker when it comes time to assess a settlement proposal.
That is particularly important in a case where there are potentially…. Well, not potentially. There are multiple defendants in this case.
For the purpose of some manner of consistency, I would have thought that there would exist a methodology by which a settlement proposal is assessed by the decision-maker, whether it is the cabinet or delegated to a member of the executive council — in this case, the Attorney General — and that that would have all been set in place.
There are clearly other discussions that happen outside of government as it relates to other provinces and other jurisdictions within Canada. I’m mildly concerned that, at the moment, the decision-maker, whoever it is, doesn’t have the benefit of attempting to fit a settlement proposal within some kind of settlement mandate and, at least, have the benefit of being able to advise cabinet: “This proposal fits within our calculation of an appropriate range or does not.”
Now, the minister may say that is ongoing work. My question/submission is with the number of defendants at play here. It would seem to me to make sense…. In the past, the practice has been to have a settlement mandate in place to fit settlement proposals within and to see whether they meet that mandate.
It’s a guide. I don’t suppose it’s, ultimately, 100 percent determinative, but it is a guide for the decision-maker. If the minister is saying, “We have that, but I’m not going to talk about it,” okay. I understand that to a certain extent. But his answers have left me with the impression that that settlement mandate methodology doesn’t yet exist. That is my concern.
I’ll let him respond.
Hon. A. Dix: I want to provide the maximum possible assurance to the member that there is a comprehensive legal strategy that is being put in place by outstanding people representing us in this matter.
There is a comprehensive legal strategy. We just can’t, as he suggests…. He suggested — quite rightly; he wasn’t asking for it — that we’re just not going to parse aspects of that strategy.
There is a comprehensive legal strategy. I think it’s already having signs of success. We’re working through that. Those were properly disclosed when the settlement was reached with Purdue.
There is a comprehensive strategy, and we’re pursuing that strategy. A comprehensive legal strategy would include all elements of what we’re trying to achieve here on behalf of people in B.C.
If he’s suggesting that there isn’t a comprehensive legal strategy, there is. I think we may be having a bit of a discussion about the words he used. He used the term “mandate.”
I say there’s a comprehensive legal strategy. The comprehensive legal strategy would include all aspects of the case and our strategy in the case. Obviously, at times, when you’re involved in those sorts of things — the member would know, as a lawyer, more than I — you might adjust that strategy.
There is a comprehensive legal strategy that we’re pursuing this case on, as he would expect. I don’t think he should be concerned about that. I think our team is…. We’ve got a very strong team, and they’re very committed to this case.
M. de Jong: I’ll only say that I think there is a distinction between a litigation strategy and a settlement mandate. I have endeavoured to make that point to the best of my ability.
Are there, in the action the government is seeking as plaintiff, damages pursuant to the Health Care Costs Recovery Act? Also, in the legislation that this is amending, has the government calculated and quantified the nature of those damages?
Again, I’m not actually…. I haven’t yet asked what that amount is, but have they quantified that amount, and do they have a figure?
Hon. A. Dix: The answer to the question is yes. Secondly, with respect, obviously, to the overdose public health emergency and some of the issues involved in opioid damages, it’s a number that, also, we would expect, sadly, to increase over time. But the short answer to the question is yes.
M. de Jong: Well, I’m at least obligated to ask what it is.
Hon. A. Dix: I’m equally obligated to say that that’s part of our comprehensive legal strategy.
M. de Jong: Let’s now get into parts of…. Having canvassed some of these general issues in clause 1(a) for the purposes of the committee — two changes in definition there, or two additions. One is relating to “active ingredient.”
I’m not sure how much time I necessarily need to spend pursuing that and the schedule. There are some sections a couple of clauses further on — actually, I guess, subsections of clause 1 — that I may ask the Health Minister to expand upon: the distinction and the importance of that addition.
I’m more interested, at the moment, in clause 1(a) and the addition of the definition of “consultant.” I guess the first thing to verify and confirm with the minister is: this is a purposeful decision and attempt by the government to add a new class of potential defendants. Is that correct?
Hon. A. Dix: Yes. I think, as the member will know, it’s also analogous to parallel legislation that has been brought forward in Saskatchewan. But yes.
M. de Jong: The language, as always, contained within these legal instruments is important. “Consultant” is defined as “a person who provides advisory services” to either a wholesaler or a manufacturer, and those are previously defined terms. Those are both classes of defendants that exist under the existing action.
But the government is now choosing to amend the original legislation to include those who provide advisory services, in the case of a wholesaler, “in relation to the distribution, sale or offering for sale of opioids,” or in the case of a manufacturer, “in relation to the sale of active ingredients or opioid products.”
In both of those definitions, the word “sale” occurs. My reading of the legal text is that it is sufficiently broad to allow for the adding of a salesperson, an individual salesperson, working with either a wholesaler or a manufacturer. Now, I should say that I have been advised in briefings that the intention of the government may be different. I want to make clear that I have received that information. Our job in these proceedings, though, is both to clarify what the intention is of the present government but also how the instrument could be used if those intentions change.
Therefore, my question: is the language sufficiently broad, as it appears to me to be, to include an individual salesperson?
Hon. A. Dix: Well, first of all, it’s important to say what the intention is. The intention is to capture, in particular, corporate entities that have been involved in relevant consultancies where it would be appropriate to bring in action. So that’s not individual salespeople, although there are other changes we’re bringing in later as well to the legislation, which we’ll discuss later, that could involve an individual.
But individuals who are working for a company would be taken up in the work of that company. So an individual who was working as a salesperson for Purdue, for example, would be taken up in the case with Purdue.
In this case, in terms of the consultants, the intention is to capture those entities, and that’s the purpose of the legislation. If an individual, in some fashion, were to be named in that circumstance, such as a salesperson in the member’s example, they’d have to be named as a defendant, and that would be quite unlikely.
M. de Jong: Maybe the best way and most efficient way to proceed…. I was a bit unfair to the minister. I should have allowed him to start off by explaining the overall intention of the addition of consultancy. I think he can do so by pointing, for example, to the separate action that has been launched against the company McKinsey, which, I understand, broadly fits within the category of what the government is seeking to do here.
Maybe he can give us a slightly broader description of the overall intention. Then we’ll come back to whether or not the definition is broad enough to capture others that may not be the primary target. I’ve talked about one, which is salespeople. There may be others.
Let’s start with the primary intention of this government, at this time, as it relates to the creation of this new class of possible defendants. If the minister wishes to do so with reference to the action that was commenced back in December of ’21, then that might be helpful.
Hon. A. Dix: We had some of this discussion last time, including on this specific question, but it’s good to bring it back into this time so we know what we’re talking about, in general. I appreciate the opportunity to do so from the member.
The purpose, I think, is to include and bring into the scope of the act those parties who worked with a manufacturer or wholesaler by assisting in designing, recommending and implementing strategies to increase sales of opioid products. This has been brought in to the act here. That is the purpose of it. You see, with respect to the case from December of ’21, an example of that. So that’s the purpose of it. Obviously, it’s our view that some people hold some accountability there, who are under those circumstances, and that’s why we’ve included consultant in this question.
To respond to his first question again, and we’ll have a chance to go over the scope of this, in a general sense, the salespeople might be marginal to that. They would probably be working for that company, in the case of the consultant company, but they would be unlikely to be individually. That’s why I gave him the response of unlikely to be to be dealt with here.
What we’re looking for here is the kind of thing we’ve seen in the case in December — and people who know the issue know well of the role of consultancies — and to make sure that they’re included in the scope of the action in the legislation, should that be justified.
M. de Jong: The one example we have of this, and what I believe has contributed to the amendment before us — the minister can confirm that — is the action that was commenced by the Crown in the right of the province of British Columbia against McKinsey.
I’m not going to ask the minister to read into the record 30 pages of the notice of claim, but it might be helpful for him to summarize, in effect, what the allegation or what the claim is about the conduct of McKinsey that the government seeks compensation for, as an example of what the government says and claims is improper conduct on the part of a consultant.
Hon. A. Dix: I won’t read into the record, as the member suggests, the entire action. He wasn’t asking for that. But just to give a sense of what that action is, we’ll go through. You can really see some of the key parts of that starting at page 11. I’ll just summarize it, perhaps, without the “including the followings” so the member will have a sense of that.
“McKinsey worked with opioid manufacturers to develop and implement marketing strategies built around a pattern of false and misleading representations regarding the safety and efficacy of opioids. Through his consulting work, McKinsey, along with opioid manufacturers, made false and misleading representations to medical professionals and members of the public, which included the following….” Then there’s a list from A to H, which perhaps the member can refer to and members of the public who are interested can see, since this is all public.
On page 12, it says: “McKinsey knew or ought to have known that opioid misrepresentations were not supported or were contrary to scientific evidence. McKinsey knew that doctors and patients rely heavily on educational materials, such as treatment guidelines, continuing medical education seminars, articles and websites to enforce treatment decisions.”
It goes on to say: “McKinsey’s false, reckless and deceptive marketing campaigns were carried out through the following acts.” Then there is a series of those acts listed, which people can review and, I’m sure, the member has reviewed.
“During the class period, McKinsey promoted opioids by working with opioid manufacturers to develop and implement strategies to include sales, including, but not limited to….” Then we go A to K.
“McKinsey was instrumental in developing tactics to market and promote opioids in Canada, despite McKinsey’s knowledge that opioids were addictive and were being aggressively promoted to treat conditions that opioids are not effective in treating.” It goes on from there. There’s obviously a lot more to it, including the relationship, for example, with Purdue and others.
Therefore, it concludes, amongst other things — there’s a number of these, and it goes on, as the member says, for many pages: “McKinsey has created or assisted in the creation of an epidemic of addiction in British Columbia and throughout every province and territory in Canada. The actions of McKinsey have caused deaths and serious and long-lasting injury to public peace, health, order and safety, significantly harming the plaintiff and impacting its ability to deliver health care to the citizens of British Columbia.”
M. de Jong: So this action was commenced not quite a year ago, at the end of the calendar year — someone was working over Christmas last year — on December 30, 2021, presumably on the strength of advice that the government received that it could successfully sustain this action against McKinsey. The notice of civil claim includes reference to things like the Health Care Costs Recovery Act.
If the government was of the view that the body of law — existing common law, negligence law and tort law — allowed for the commencement of the action almost a year ago, what has prompted the amendment?
How does that alter the strength of the action against McKinsey? I guess the third part of that question is: is that going to necessitate an amended notice of civil claim in the McKinsey action — the passage of these amendments?
Hon. A. Dix: Really, for the same reason, I’d say that we brought forward the legislation itself in 2018. There was, of course, an action in advance of the passage of that legislation. What happened in that case was an amendment to that action to include the legislation itself, and it just ensures that the provisions of the act would apply in this case to McKinsey but potentially to others.
With respect to the statistical evidence and the population health evidence that could be brought forward, it could be applied to them as well. So just as the original act, or the act we’re talking about that’s being amended here, assisted in ensuring that the action was taken and justice was pursued equally in the case of the action with McKinsey, that same application of the law, what we’re doing is pretty much exactly the same as we did when we brought in the legislation and applied it to the manufacturers and wholesalers. In this case, we’re applying it to consultants, and that would bring the provisions of the act into force in that case.
The member asked in future whether we would amend the case accordingly. That was the pattern before. That’s obviously a decision for the lawyers to make in the future, but that would be a likely course, that it would be amended to include the passage of legislation directly relevant to it.
M. de Jong: And is it the government’s view and submission to the committee that the passage of this amendment strengthens the case it is pursuing against McKinsey specifically and any other consultant that it might identify?
Hon. A. Dix: Yes.
M. de Jong: We’ve talked about, in general terms, the likelihood of individuals being named as a consultant defendant. I’ll come back to that in a moment. In the category that the government has already demonstrated, in the category of consultant that the government has already indicated by its actions it intends to pursue in McKinsey, are there other similar consultant organizations that the government and the minister can indicate it intends to add as defendants in the future? Again, I’m not asking the minister to identify by name, but is McKinsey likely to be the only consultant defendant, or will there be others?
Hon. A. Dix: Obviously, our thinking applies to McKinsey because the action has been taken. We can’t say whether there are others, but by definition — because we’d be passing the legislation, should it be passed by the committee and the Legislature — it creates that possibility. We can’t say more about whether there’s either one or more other persons — in that sense, it likely means corporate entities — who would be the target of that action, but we do understand, because we’ve taken the action against McKinsey, that that would be the case.
Beyond that, that obviously would be a confidential question on our legal strategy. What I think is important for the legislation is that yes — that’s the question that the member is asking — it is possible that it could apply to others as well.
M. de Jong: I’ll just try this one other way that, hopefully, is sensitive to the considerations that the government and the minister have to contend with. Is the ministry, and the government generally, aware of other agencies or corporations that engaged in behaviour and activities similar to that identified with McKinsey?
Hon. A. Dix: I very much appreciate the member asking the same question in a different way. That is a skill that may not be generally valuable to us in the world outside of politics, but it is definitely a skill in this area. I think the answer is really the same as the previous answer, right?
You can see, by the action taken with respect to McKinsey, the very significant case the government is bringing and the standard that it’s bringing. We can’t really say, again, if there’s a list. Or if there are people who are equivalent to McKinsey, we can’t really say if there are other people, except that by passing this legislation, including consultant, there is of course the possibility of that. Right now, though, there’s one company in that position, McKinsey, where we’ve already taken action. You can see the nature of that action.
M. de Jong: We were speaking a moment ago about the specific definition of “consultant,” how the government intends to make use of that and has made use of that with respect to McKinsey. I think the term the minister used was something akin to “not likely” that we would see individual consultants. Salespeople was the example I used.
Can I ask this. Assuming this section and the subsequent sections were to pass, am I correct in saying that not only because of the proposed changes to the original legislation contained in section 10, the passage of these amendments would expose the individual directors and officers of a consultancy like McKinsey to the joint and several liability provisions in section 10? That’s a long-winded way of saying that once an action has been commenced against a “consultant,” within the meaning of this act, not just the corporate entity but certain individuals within that consultancy can also be named. Is that correct?
Hon. A. Dix: The answer is yes.
M. de Jong: Coming back, then, to the example I raised earlier — which will, I think, be of more than passing interest to some of the individuals involved in the purchase and sale of pharmaceutical drug products: we have, I think, ascertained that an individual salesperson or a smaller sales agency can fit within the definition of “consultant” contained within the section 1 amendment. Is that correct?
Hon. A. Dix: I think the two key words here, I would say, are “advisory services.” A salesperson who might be out — as there are many people out, at any given time, working on a sales campaign — is not the same as providing advisory sales that guide that campaign. When the member talks about the individual salesperson, this is what we typically call a consultant that is being addressed here. That’s what we’re trying to do.
I think that sometimes, in the sector, they’re called drug detailers, right? Those are not the people who are selling a product. They would be captured under the company’s responsibility. If, let’s say, company X decided to hire people, essentially, to detail, which is a prescribed way of selling a product, that company would be directly responsible. These are people who provide advisory services, either to a wholesaler or to a manufacturer. By definition, that advice is strategic in nature. That’s what we’re seeking to get here.
So in the sense that the member might mean a drug detailer or a salesperson, I don’t think that’s what the legislation is seeking, because they’re not really providing advisory services that are strategic in nature.
M. de Jong: Is it sufficiently broad to capture an advertising agency or advertising agent?
Hon. A. Dix: I think yes. Again, if the next question is, “Are there some who meet the test of that?” I don’t think I’d be able to describe that, but I think the easy answer is yes, that it could. It’s a good question.
M. de Jong: Right. I wasn’t actually going to ask the next question, but in terms of scenarios, we can think of examples of advertising agencies and individuals who would have worked closely with the manufacturers to promote the distribution and sale of some of the products that are captured and that contain the active ingredients stipulated within this act.
Let me ask this. Is the definition broad enough to capture an individual physician that has provided consultancy services, advisory services, to a wholesaler or a manufacturer?
Hon. A. Dix: The relevant thing isn’t whether they’re a physician or an economist or whatever. The important thing here is providing the advisory services themselves at a strategic level. That’s the purpose of it. Conceivably, someone who is a physician could be providing those services or be responsible for that, but it’s not so much in their capacity as a physician — as their capacity is providing the advisory services — that this would apply to them.
M. de Jong: I’m going to grossly oversimplify a 29-page document. The essence of the claim is that there are people, agencies and corporations out there that provided misleading information about the impact and effect of these products in a whole host of different ways. The action, at the moment, focuses on corporate-level defendants.
These amendments, now, in two possible ways, speak to the inclusion of individual defendants, corporate directors, officers and possibly — that’s what we’re exploring here — individuals, who would have been providing advisory services that assisted these corporations in advancing their agendas that the government is seeking to collect damages from. Again, the likelihood or possibility is that either a manufacturer or a wholesaler would have received, from a physician, advisory services about a product that they would have used. That would have assisted them in conducting their business elsewhere.
Is the purpose of the section to create the option, at least, of naming, in this case, an individual physician who may have provided advisory services that assisted those manufacturers or wholesalers?
Hon. A. Dix: Well, yeah, I think that we can…. It’s not a problem to discuss all the clause under the clause 1, but the member is quite right that the provisions relating to officers and directors would apply to all of the categories — so the wholesaler, the manufacturer and now the consultants. It would apply to all of those categories.
He’s quite right. That means that action can be taken under those circumstances. We sort of set the standard of what we’re looking for, with respect to consultants in the McKinsey case. We don’t rule out that it could be used against others, but that’s the standard of it. So I don’t think the issue…. What it means — we’ve already established this; the member asked this in a previous question — is that there could well be officer or director liability in those cases, whether it’s a consultant, whether it’s a wholesaler or whether it’s a manufacturer.
You wouldn’t rule out, for example, let’s say, a one-person consultancy. That would be the consultancy, and you wouldn’t rule it out. But if you look at the case being brought here, for example, in the McKinsey case — and people can see the government’s case and reflect on that — I don’t think you would see that. I think you could potentially see the provisions involving officers and directors apply to a consultancy, as with the others. But I don’t think….
This doesn’t really apply to, say, an individual doctor who might be prescribing a product or anything like that. That’s not the intent. This is strategic advice provided to a company in the way that McKinsey, in our view and in our presentation in court, provided such strategic advice, the consequences of which were opioid damages.
M. de Jong: Again, that’s helpful. To be clear, I wasn’t suggesting that the provision might expose an individual physician who has prescribed a product to a patient to liability or being named as a defendant. But I was suggesting that the subsection could be used to name an individual physician who has provided advisory services to a manufacturer or wholesaler and that that physician would not need to be a director or officer of the company but could be operating individually, in their own right, in providing advisory services to a wholesaler or manufacturer. That’s my question.
Hon. A. Dix: I don’t think the important thing is that they be a doctor or not — or whatever other status they have or expertise they might be attempting to bring to bear. If they are an employee of the company, not a director or officer, then their potential issues are with the company, with the action against the company. So if they’re not a director or an officer of company X…. The action is against company X, not them as an employee of that company.
If they’re acting as a consultancy, whatever their professional status, then we’d take action against the consultancy. If, say, it was a one-person consultancy who was the consultant and the president of the company, then they would be accountable under that provision.
I hope that’s helpful to the hon. member.
M. de Jong: I think my final question on this…. The release that is proposed…. I’m not sure it has been executed yet, because the settlement with Purdue hasn’t finally been approved through all the channels. We went over that the other day. But I presume the release being proposed would take into account the amendments and what would be new-found personal liability exposure under these amendments so that the release will be structured in a way that would also release anyone — consultants, directors, officers — associated with Purdue. Is that a fair assumption on my part?
Hon. A. Dix: With respect to any potential release, that would also be, obviously, part of an agreement. So if there are officers and directors of a particular company which negotiated a release against a settlement, that would be included in that agreement. It wouldn’t necessarily affect a consultancy unless they were specifically a part of that agreement and specifically named.
M. de Jong: Right. I understand that. Thank you.
Hon. A. Dix: I know you do.
M. de Jong: That’s as I thought.
All right. We’re still on section 1, but I thought we would turn our attention now to the…. If passed, when passed, Bill 34 — I’m going to characterize it this way — extends a form of statutory invitation to the federal government to do something. I’m wondering if the minister might…. And I’m going to ask these questions as part of our discussion of section 1. The other logical place would be clause 3, but if we cover it here as it relates to clause 1(b) on page 2 of my bill, we won’t have to re-canvass it when we get to clause 3.
So the amendments, if passed, provide this opportunity, extend this invitation to the federal government. What are the options for the federal government following passage of…? What are their options? And what is the government minister’s expectation, if any, about how they will take advantage or make use of the passage of these provisions?
Hon. A. Dix: This allows the federal government to join our potential class — the class hasn’t been certified; we’ve had this discussion before — and to make its own claim to costs of health care in this action. So it allows them, essentially, to join with all the other governments of Canada in this action.
Obviously, health care benefits provided by the federal government are somewhat different than provincial governments, but this allows them to do this, to join our action here. Obviously, the participation of all the governments in that respect strengthens our action and also, I’d argue, makes it more coherent and comprehensive for both sides in the discussion.
M. de Jong: Join the class, commence their own separate action or do nothing — are those broadly the three options available?
Hon. A. Dix: Yes.
M. de Jong: Has the government received an indication from the federal government which of those three options they are likely to explore?
Hon. A. Dix: I’d say the federal government is supportive of the legislation and the approach. But what their intentions are is privileged — not privileged to me but privileged to them as well. But they are supportive of this. Obviously, that means they like the fact that the passage of this legislation would provide them with some options.
M. de Jong: All right. In the spirit of earlier linguistic gymnastics, I’ll try this in a way that doesn’t compromise anyone’s…. My sense is that the government of Canada has expressed, in the past, an interest in joining this action. Is that a fair comment on my part?
Hon. A. Dix: If I might put it this way really directly, I think they’ve supported this action. They’re are also a party to the Purdue settlement and support it as well.
M. de Jong: The purpose of the amendment is to facilitate involvement in one of the two ways that we have discussed by the federal government. As the minister has pointed out, the quantification of their claim, the damages that they would be seeking to recover, are slightly different.
In passing this legislation, presumably the provincial government has some notion or understanding of what that would be. It would be an appropriate time for the minister to relate to the committee what he believes those costs and expenditures would relate to, as distinguished from claims by the provincial government, recognizing the fact that health care, constitutionally, falls exclusively within the provincial domain, although there are some exceptions?
Hon. A. Dix: This allows them, for example…. Canada, as the member said, expresses its jurisdiction in terms of health care in terms of, often, military or in terms of Indigenous people. So we went through the process. The member will be well familiar with the creation of the First Nations Health Authority here, which was very much an extension of the federal role in that area.
There’s a federal role with respect to refugees, which has become a subject of interest recently. Because by not defining people settling to Canada from Ukraine in the wake of the war…. It’s that, but there are other things. It falls within provincial jurisdiction, so you see that there. And then they can fill in other elements.
What there isn’t is a double-capture. So they give us money. The Canada health transfer, which you’re using to express that…. They don’t get to…. There’s not a second bite at the apple there on their Canada health transfer stuff. That goes to the provinces, and that expenditure is the subject of our action. But there is a series of federal interventions in health care that this assists them in pursuing, and there may be others. It would be for the federal government to see that.
I don’t give those examples to put forward an exhaustive list for the committee but just to say that those are examples of the expression of the federal interest in health care.
M. de Jong: Thanks. That’s helpful. And were the federal government to exercise the option of joining this action — and this is purely a procedural question that I’m sure counsel can advise — do they become a named plaintiff, along with the government in right of the province of British Columbia? And do the pleadings then get amended to include the specific examples of the sort that the minister has just related to the committee?
Hon. A. Dix: Just one very important area that the member will be well familiar with is our federal penitentiaries. That’s another area — and the provision of health care services there. But again, it’s not an exclusive list, but it’s an important one — important in the subject matter now as well. So that’s significant.
If B.C. is now the lead plaintiff, the class has approved that the federal government would be able to join that class. So it’s not necessarily a question of amendment, although they would be able to join that class, and the class would be set. Then they’d go forward. The class, of course, includes the jurisdiction, so it would include the federal government.
M. de Jong: All right. Let’s just go down to 1(d). This is where that definition of “active ingredient” and the schedule contained in the original act become relevant. I just would like the minister, if he can, to explain the relevance of the change here.
This is a question, as opposed to a statement, but it appears to me that through the change being proposed here, the potential liability relates now not just to a product that contains an active ingredient, but to the manufacturer of the active ingredient itself. If I’m wrong about that, I’m sure the minister will tell me, but there’s clearly an intention to change something. I’m not entirely clear on whether I properly understand what that change is.
Hon. A. Dix: I think it’s to make it airtight and prevent an argument of: “I’m only a manufacturer of an active ingredient, not of the product.” So it just makes it very straightforward that you are potentially liable under those circumstances if you’re a manufacturer of an active ingredient.
It’s just making it very clear that that is not a potential way of avoiding that liability and that with respect to the act, manufacturers of active ingredients can be held liable. They will be held liable, can be held liable for their actions.
Clauses 1 to 7 inclusive approved.
On clause 8.
M. de Jong: A two-year limitation period as it relates to any action that the government of Canada would commence either, I presume, by joining or its own independent action — when does that two-year period run from?
Hon. A. Dix: I’ll just share this note: “The federal government will have ability to commence action within two years of the coming into force of the new subsection, without the action being considered to be out of time or statute barred under the Limitation Act.” It’s the coming into force of the section, which is what the member was looking for.
M. de Jong: Right. I can’t remember…. Royal assent in the act — these amendments come into force on royal assent. So from the moment royal assent is granted, the federal government will have two years within which to decide whether to join the existing action or to commence one of their own if they wish to avail themselves of the provisions of this and the original opioid legislation.
Clauses 8 and 9 approved.
On clause 10.
M. de Jong: Can I ask the minister, with the assistance of his team…? The language, as it relates to imposing some measure of personal liability — as we used to say, piercing the corporate veil to impose personal liability upon directors and officers…. Is that taken from other legislation, the Business Corporation Act, or is there something unique? Well, it’s unique in the sense that it relates to a very specific action, but is it just taken from another piece of existing legislation?
Hon. A. Dix: It’s not modelled on a specific piece of B.C. legislation. It is found in the provision and modelled on analogous legislation that has been passed in Alberta, Saskatchewan, Nova Scotia and Prince Edward Island. Those statutes were enacted after British Columbia’s original statute. So it’s modelled on those, but it is, in that sense, not modelled on a similar provision in an existing statute in B.C.
M. de Jong: So as I understand it, the intention here is…. It’s written out in the clause, what will be 7.1 in the original act. In circumstances where a director or officer has done some of the things contained in what will be 7.1(1), they can attract a personal liability — that is, a joint and several liability — and in 7.1(3), there are provisions that excuse that liability if the director or officer can establish one of the following things: that they’ve been reasonably diligent or didn’t know. They’re the two specific defences that are available.
If I’ve got this right, the plaintiff can allege this behaviour on the part of a director or officer, call evidence to that effect, and the burden then shifts, the onus then shifts to the individual director or officer to demonstrate that notwithstanding that evidence that the plaintiff has called demonstrating their involvement, if they can demonstrate having acted reasonably or not having had knowledge, they can escape that, what would otherwise be personal liability. Have I got the sequencing and the test correct?
Hon. A. Dix: Yes.
M. de Jong: It would seem to follow, therefore, that prior to any trial of the action taking place, if the government, on behalf of the class, if the class is certified, wishes to pursue liability individually against directors or officers of a manufacturer or a wholesaler or a consultant, they’ll have to name that director or those directors and those officers as individual defendants in advance of the action proceeding to trial. Is that also correct?
[M. Dykeman in the chair.]
Hon. A. Dix: Yes.
M. de Jong: So this next question…. I’m going to preface the question this way because I hope the minister will agree with my proposition that piercing the corporate veil in the way that this does is unusual. It’s a departure from the usual rules around corporate. There are some exceptions to where corporate directors and officers can be held personally liable, but generally not.
So it is the creation of a fairly extraordinary or — I’ll say extraordinary — exceptional mechanism. We’ve established that in order to make use of it, the government will need to name directors or officers individually as defendants. The government is asking the Legislative Assembly for permission to do that.
In those circumstances, I do think it’s a fair question to put to the government here at committee stage. Does it intend to use it? Does it intend to name individual officers and/or directors as individual defendants in this action?
Hon. A. Dix: I always like to give as direct an answer as we can, understanding that that’s legal strategy. We’re not announcing today our intention to take action against particular individuals, but clearly, because it’s included in this action…. This is also a very unusual legal action. I think the only real comparison we can draw is the tobacco action. Those are the two actions.
The nature of opioid-related wrong, which is “a tort that is committed in B.C. by a manufacturer or wholesaler” — now we’re adding another provision, but that’s in the existing act — “and that causes or contributes to opioid-related disease, injury or illness, or,” and it continues. So it’s a very unusual action.
The purpose of doing this is, absolutely, to establish the possibility of doing that. Not that whether we decided to do that…. That would be an aspect of the strategy, going forward. That the people directing the legal strategy…. I won’t be announcing here. But clearly, we think it’s important enough to bring into this Legislature and to establish that possibility in law, and that’s what we’re doing.
M. de Jong: I’m going to push back a little bit on this one. I’ll explain, if I can, my rationale for doing so. When the original — I think Bill 38 was the original bill, in 2018 — was passed, the government was in a position to say and did say, “We are seeking this legislative authority to enhance our ability, to strengthen our ability to pursue this case against manufacturers and wholesalers of opioids,” and actually could point to an action that had been filed several months previously.
So demonstrably, it was able to say to the Legislative Assembly: “We are seeking this extraordinary legislative instrument, and we intend to use it. In fact, you have already seen us use it. And on that basis, we seek your — the Legislative Assembly’s — acquiescence and support for enhancing our prospects in that regard.” And the Legislative Assembly spoke and, I think, provided fairly expedited passage of the legislation at the time.
Now, four years later, in the midst of that action — which is proceeding, as they do — the government has come and said: “We want to expand the range of possible defendants in two ways. Consultants….” And again, the government was in a position to say: “We will use that tool. We can’t say for certain how extensively, but you know we’ll use it, because we already have.”
It comes to the final potential expansion of defendants: “We want the Legislative Assembly to grant us, the government — the Crown in Right of the Province of British Columbia — the right to pursue individuals associated with these defendant companies in a way that we otherwise would not be entitled to.”
That is a powerful instrument. I don’t think that’s an exaggeration. But in this case, the government isn’t able to point to a previous step that says to the assembly: “We’re willing to use that new tool.” And it is, I think, appropriate….
I would not expect the minister to stand up today and say: “We intend to use this tool to name the following individuals with the following companies.” I would expect him, though, to advise the committee — and, through the committee, the assembly — as to whether or not the government intends to use this tool to name individual directors and officers. Or is this simply an instrument that it intends to wield as a negotiating tool?
That’s all strategic, but I think the assembly is entitled to know whether or not the government intends to use this tool. The minister is saying: “I’m reluctant to tell you that.” But I think it is, for the reasons I’ve alluded to, fair to press the government for a commitment as to whether or not the tool is going to be used.
Hon. A. Dix: I was going to say, “If it pleases the court,” but I won’t say that. It’s a little like that, but I’m going to ask if it’s possible for a five-minute recess after I answer this question, if that’s okay with the member for Abbotsford West.
I’ll say that I think there was a logic to his demonstration. We could, and we did, launch the action in advance of the legislation. We could do that, and we did. In the case of the McKinsey matter, we could, and we did. In our view, these changes strengthen that case.
In the case of, as he puts it, piercing the corporate veil, that wasn’t possible in advance. So there is a difference between the two. I follow his thinking, but there is a difference between that. That’s a real difference.
What I would say is that the purpose of doing this, taking this step in what is an extraordinary action…. Really, there are two such actions that we can think of, easily, of this kind in our history. The purpose of including this is because of the very real possibility of using it. I can’t say what the strategy is in advance. It’s different than McKinsey, where we’ve launched the action.
So we can say, “We’ve launched the action. Here it is,” and we read from that action. So it’s different in that sense. But I think it’s fair to say to the hon. member that the purpose of bringing forward this legislation is because of the real possibility of its use.
With that, if we can have five minutes, I’d most appreciate it.
The Chair: We will take a five-minute recess and return at ten to.
The committee recessed from 4:43 p.m. to 4:50 p.m.
[M. Dykeman in the chair.]
M. de Jong: With respect to clause 10, the point has been made that this language is taken from legislation passed by several other provincial jurisdictions. Have any of them taken steps or announced their intention around the naming or pursuit of individual corporate officers?
Hon. A. Dix: The answer is: not as yet.
M. de Jong: I will signal to the minister and the committee that I think I’m drawing close to the conclusion of my questions on the bill. I want to ask this, though, and it’s more of a general question. I suppose it touches somewhat on liabilities that could accrue to individual corporate officers. I’ll ask it here.
The conduct that the government points to in its notice of claim and points to in seeking compensation under the various statutes and the common law on the part of these defendants, the ones that are named so far and potentially ones in the future: is the government concerned that some of that conduct continues today, is ongoing?
Hon. A. Dix: The first thing is — it’s obvious, and it’s not directed to the member’s question — that we know that the consequences are being felt now, of those actions, in every community in our province and our country, I would say. So that’s an obvious thing, and it’s not the answer to his question.
This action on this section says to everyone what the expectation is and the responsibility is. Knowing that doesn’t stop people necessarily from not following the law always, but it certainly puts everybody on notice about what their responsibilities are now and into the future. In that sense, I think it’s a potentially positive thing in the present. It would be our hope and expectation that people in the present aren’t knowingly doing the things that are noted here, including creating opioid-related wrongs. That would be absolutely our hope.
The passage of this legislation, and this section, makes some of those responsibilities for individual officers and directors very clear. I hope that would have, as well, should it be required, a salutary effect on their conduct.
M. de Jong: I’ll explain to the committee why I asked the question.
Firstly, I won’t quarrel with the proposition that the consequences of conduct visit tragically for an extended period of time and remain with us today.
The reason I asked a specific question is…. The point has been made, through various communications documents and in the course of discussions and debates, about the government’s desire to utilize all the tools at its disposal. In this case, it has created a series of tools and is deploying them through the legal system. It has enjoyed a measure of, I think, bipartisan support from the House.
If there is a concern that the message has not been received and conduct of the sort that gives rise to the action in the first place is continuing on the part of certain defendants, then it strikes some people, and me as well, that there are, perhaps, some interim measures that the government might consider — injunctive relief — as it relates to the conduct of manufacturers and wholesalers and now, possibly, consultants. That is one option.
I don’t profess to be an expert, or near an expert, on the broad range of products that contain the ingredients that are referred to in the schedule and the schedule itself. I do know that they appear in products that are made available through prescriptions, as laid out. They are products that are moved through the drug approval process, over which governments maintain some measure of control.
The question begs asking. At a certain point, as this litigation proceeds and takes the time…. We’re now into year 4 or 5. If the government is concerned that the conduct is continuing while that litigation is proceeding, there are, perhaps, some other things that government could do in terms of injunctive relief.
Replacing caps. One of the allegations is the dispensation of opioid products well beyond the amounts that should be dispensed. The question is: if that’s continuing…? I don’t know if it is. I don’t have the data. I don’t have access to the data. But if it is, aren’t there additional tools and options that the government could utilize, while pursuing this litigation, to take make use of its regulatory authority, as it relates to the dispensation of these opioid products?
It’s a question…. When I was having a conversation a week or two ago with some reasonably informed people, they said: “Okay, fine. You guys have approved this litigation. In the meantime, what other safeguard actions are being taken to ensure that this behaviour, which has been identified as having been so egregious and led to such tragic circumstances, isn’t continuing just a little better camouflaged than it once was?”
Hon. A. Dix: Thank you to the member for his question. I think the short answer is…. We need to take all the steps required.
I’ll give the member an example in this area. A number of years ago the previous government did this, and we dramatically, significantly added to this. We added what are called academic detailers — in other words, people who provide independent information to doctors.
The therapeutics initiative, to a degree, plays this role but also academic detailers — to provide independent information about the impacts of prescription drugs to doctors independent of, sometimes, the role of drug dealers who work for…. “Drug detailers” is the term I’m looking for. Drug detailers, to be clear, might work for a pharmaceutical company, whose role it is to promote the use of that drug and its effectiveness, and so on.
We need to take all of those steps — I absolutely agree — and we need to take this action. I would add that actions, and actions similar to this, in the United States have had a positive effect in telling the public what’s going on, the agreements. Part of our case here is to provide information, not just to seek damages but to obtain information. That shining a light on things has helped, I would argue, in other jurisdictions, as it helps here, in providing the public with information about what has gone on and ensuring that it does not happen again.
This is not exclusive of other actions that we would need to take, regulatory or otherwise, to deal with the overdose public health emergency or the broader issue of opioids and their impact on our society. Certainly not. But it is an action that contributes to that and that has other benefits than just the direct action, although those have substantial potential benefits as well, in terms of the resources they might provide and the information they provide.
I think it’s fair to say that these actions, here and in other jurisdictions, have had a very significant and positive effect on public understanding and have changed behaviours. So it’s not one or the other. It’s all.
M. de Jong: I think I’ve come to the end, so I’m going to try this, put this to the minister. He will have an opportunity….
To the person who would say this to those of us who legislate and those of us who govern, “You have made this allegation that you are pursuing through the courts that these manufacturers and these wholesalers have flooded the market and flooded consumers with these products,” which have ultimately had, in many cases, a very devastating effect and life-ending consequences for so many people. Okay, good.
“But pending the outcome of that and knowing what you already know and given the allegations that have been made, why haven’t you taken steps, through regulation, to limit the distribution of these products? Why haven’t you considered the possibility of delisting some of these products? Bravo, pursue the action, but the action reveals allegations that need to be pursued and for which compensation needs to be achieved. But in the meantime, there are some other things that can be done that speak to injunctive relief and interim orders, that you are already, arguably, in possession of information that you could use to justify those applications.”
So I accept what the minister is saying about multiple tracks and multiple tools. There are people, though, that will look at this action, see the nature of the allegations and claims contained within it, and say to all of us legislators: “Well, if you knew that, wasn’t there something you could do to address that, independent of a settlement with these defendants, independent of a decision and verdict from the court?”
Hon. A. Dix: I think I’d say that the purpose of the action is to recover health care costs that resulted from the wrongful conduct of opioid manufacturers, distributors and consultants. The allegation is that they — these manufacturers, distributors and their consultants — engaged in deceptive marketing practices with a view to increased sales, resulting in increased rates of addiction and overdose. If there are other actions we should take, we should take those actions, and those don’t just include these companies.
But the actions that are being taken here are to hold people accountable. That holding of people accountable, I would argue — from here to West Virginia, to Virginia, to other jurisdictions in the United States, to other parts of Canada — is an important and useful and necessary thing to do, in addition to all those things.
So I guess I, a little bit, make the same argument. Absolutely, we need to take the steps necessary to protect people in the here and now, and I believe the government is taking some of those steps and will continue to, including on the educational side but also on the regulatory side.
But actions that we would take to improve things now don’t hold people accountable for actions that they have taken that clearly, in my view and in our view, mean they’ve committed opioid-related wrongs. So I think you can do both. We need to do both, and we must do both.
The action…. In passing this bill, the Legislature is sending a very clear message of accountability — a very clear message of accountability not on some small subject but one that has fundamentally and profoundly affected every community in our province and every community in our country.
Clauses 10 to 12 inclusive approved.
Title approved.
Hon. A. Dix: I move that the committee rise and report the bill complete without amendment.
Motion approved.
The committee rose at 5:11 p.m.
Committee of the Whole House
BILL 36 — HEALTH PROFESSIONS AND
OCCUPATIONS
ACT
The House in Committee of the Whole (Section A) on Bill 36; M. Dykeman in the chair.
The committee met at 5:22 p.m.
On clause 1.
S. Bond: Good afternoon, and thank you to the Health Minister and his staff. We are about to begin what will likely be many days’ worth of questions and exploration about a bill that is very substantive in nature.
I know that the minister has listened carefully to the comments made in the Legislature by many of my colleagues. As I indicated at that time, I will have several colleagues that will take the lead on a number of sections that they are particularly focused on as the critics responsible.
This is a very significant bill. As we have said over and over again in the Legislature, it is incredibly important that we get it right, because it’s not an amendment. You can tell by the size of the briefing notes that it is a new bill. Really, at the core of this work, is the public interest. This is about serving and protecting the public and also making sure, of course, that professionals meet particular standards — that they’re qualified and competent and that they follow standards of practice and ethics.
There is a lot of work that we will do, and I’ve always appreciated the minister’s willingness to respond and have a dialogue about the work that’s before us. With the indulgence of the Chair and also the minister, part 1 is really foundational to the entire bill. We will do our very best to work our way through clauses, but I’m hoping the minister will allow, at this point, some general questions at the beginning of this, to talk a little bit about the process.
Most specifically, I’m going to ask my colleague to work through some of the steps that were involved in consultation with First Nations, in particular, with Indigenous organizations. That was part of the work that was done, post–joint committee work. We want to get a sense of the context of the discussions and of whom the minister and his team had conversations with.
What I’d like to do is ask my colleague to begin with some general questions that are relevant to part 1, not necessarily specifically attached to a clause. Typically, we get to have this kind of contextual discussion at the beginning. If the minister is comfortable with that, I’m going to ask my colleague to lead off.
Hon. A. Dix: Yeah, absolutely. We want to be as flexible as possible, so if, for some reason, an issue happens and we have to go back, we just continue to ask in the section so we get all the questions answered.
I just got up mostly to introduce Jonathan Dube, who is the associate deputy minister of Health and does a lot of work in that area, and Brian Westgate, who has led the enormous effort, both with groups and with communities, on behalf of the Ministry of Health. This is some of the most significant government legislative work that I’ve ever witnessed on either side of the House, and Brian deserves a lot of credit to this. Obviously I’m going to be leaning on him. So I just wanted to introduce our staff and say that we’re….
I think the best way to debate this will be to be flexible and not to be stuck on things. If that means discussing a lot on clause 1, I think that’s fine.
S. Bond: I should simply reflect our gratitude to the staff that are here today for walking through the briefings with us and being very forthcoming about the areas of additional work and getting back to us on a number of issues.
I think, with that in mind, we feel very comfortable that we’ll have a good discussion about the important parts of the bill, and we’ll move on from there. So I did want to express my gratitude to the staff as well.
M. Lee: I appreciate, Minister, in response to the member for Prince George–Valemount, the flexibility in terms of looking at this Bill 36. With all the members of our opposition caucus speaking to the bill, there were lots of comments made during second reading, but perhaps members of your team would have noted some of the points that I was making in my second reading speech, which I did somewhat deliberately in order to highlight some of the areas that I would like to probe as the critic for Indigenous Relations and Reconciliation.
Certainly to set the context, as the minister just said, in terms of the importance of this bill and the amount of work that was done by himself as well as the member for Kelowna–Lake Country, the Leader of the Third Party and the ongoing work with the other critics in our caucus….
It also comes at a time, of course, where there’s significant work through the passage of UNDRIP through the DRIPA act, as well as the DRIPA action plan, as well as the In Plain Sight report, which was tabled in 2020. That, of course, is foundational in many ways. I will say to the minister that there are various points in this bill, at length, which relate to First Nations and Indigenous peoples, including, for example, section 14 in the guiding principles, the reference to UNDRIP there.
The purpose of asking questions at the beginning of this bill is really to have a good understanding as a foundation, as we go through some of the later sections in the bill itself.
Again, as the colleague from Kelowna–Lake Country took the opportunity to talk at great length about the level of consultation work that was done with so many others in the province, I wanted to give the opportunity to the minister to also outline in some detail, such that he can share, the nature and the scope and the breadth of the consultation that was done with First Nations in respect of this bill as well.
Hon. A. Dix: I just wanted to say, at the outset, the sense of priority to that consultation that was put forward by both the member for Kelowna–Lake Country and the member for Cowichan Valley…. There was an understanding of the singular importance of cultural safety, given what would be the results, given what we understood in our own consultations. The critical nature of the subsequent consultations with Indigenous communities….
I want to give the member a bit of a summary of that to begin with, even on clause 1. Again, I think we just have to be…. We’ll be flexible in our approach to this, understanding that there may be significant debate on clause 1 that may be related to other parts of the bill. I think that’s totally appropriate.
Obviously, any matter in which Indigenous people are uniquely affected requires very significant consultation. So let me summarize some of that consultation. If the member requires it, I’m prepared to even be more detailed about that in future questions. But we’re talking about…. There’s an In Plain Sight legislation working group.
They were very much involved in this, with representation both of First Nations and the Métis Nation, which are very important: the First Nations Leadership Council, including, in that case, the board and activities of Mary Ellen Turpel-Lafond and Harmony Johnson, who will be familiar to members on all sides of the House; Métis Nation B.C.; the First Nations Health Authority; the B.C. Assembly of First Nations.
Broader consultation with the draft legislation took place with the First Nations Summit, which, obviously, includes a majority of First Nations governments and tribal councils in B.C.; vice-presidents of Indigenous health from all the regional health authorities and the Provincial Health Services Authority; open house sessions with an open invitation of Indigenous peoples, which were hosted by the Ministry of Health Indigenous Health and Reconciliation teams. Participation was brought, for example, from a number of First Nations from different parts of the province in those sessions. So those are part of it.
Then each part of that, if I may, has a detailed consultation that took place related to that. In other words, there obviously was consultation at the beginning, but then — both at the engagement stage, in advance of legislation being drafted, and then the drafting stage — there was significant consultation with the broad range of people interested in Indigenous health and with Indigenous leaders in different parts of the province.
I might say that I think the legislation is immeasurably better for that work and that consultation. We considered it, anyway, to be a test, given the importance of the legislation we’re talking about, of this kind of consultation.
Of course, only in the future, sometimes, can you test how successful you were or you weren’t, but I think a major effort has been put forward by everyone involved in the legislation to ensure that we went to a significant degree in that consultation and informing both at the pre-legislative step, so we didn’t have a document and then everyone had to respond to the document, and then once we got working drafts of the legislation.
M. Lee: Thank you to the minister for the overview of, obviously, the various stages that built up to this.
While we’re on the outline, let me just ask a specific question before coming back to, of course, the reason for asking the questions, in terms of meeting the requirements under the DRIPA act.
The minister, for example, mentioned the First Nations leadership summit. Recently I was invited to attend that summit — I was there about ten days ago — and had a sense as to the flow of their agenda, let’s say, and certainly saw some of his colleagues present to that summit.
Can I ask, just by way of example, what would be the nature of the discussion and the level of review done by the summit at the stage that the minister referred to?
Hon. A. Dix: In the case of the summit the member refers to, it’s an hour on the agenda, in that case, for us, because of a lot of the work that had gone proceeding to that.
There wasn’t a lot of feedback at that point. That may be because some of the questions had been dealt with in advance of that and because of the work and the focus both of our Associate Deputy Minister of Indigenous Relations and all the substantial work that has been done in this area by the Ministry of Health.
I think what the member suggests is true. There is an enormous demand for consultation which is both required but also would be a practical test for anybody but particularly for First Nations communities. I’m hopeful, both on the specific issues that have been raised over time, which have to do directly with Indigenous communities, but also on the broader legislation, which all has to do with all of us — everyone is a patient, in the system, of a health care provider of one kind or another — that that would be well represented in that consultation.
We can talk about it. I can give you more information about some of the detailed consultation, some of the detailed feedback we have, understanding that some of that feedback would be confidential, the people providing it or the questions. So I won’t be listing off the questions they had but some of the responses we have as well.
M. Lee: Obviously, there are many parts to the plan by the ministry for consultation with First Nations and Indigenous communities and Indigenous organizations, as the minister has outlined. I am merely working through one example that he provided, which I think is a good one. It’s a significant one in terms of the First Nation leadership summit.
I appreciate the candid response from the minister. Certainly, that was my observation as well, having been through a day-long session with the summit and recognizing the number of different agenda items that are presented to them, which cover many of the key areas of this government and the focuses, like treaty rights, land use, energy use, energy projects, clean energy, status of various class actions. There are lots of different topics, of course, that are discussed at any given summit meeting.
I will note to the minister…. I will have the opportunity to share this with others. My observation, again, is…. It was quite clear, in the wrap-up of that particular summit meeting ten days ago…. There is a general message for government in terms of the level of complexity and consultation that is coming at them, at them being First Nation leaders, even as they sit around the table or participate online.
I appreciate that with the summit…. Perhaps I can just ask the minister, as he shares this — it does help me and our members here understand the nature and the scope and the depth of the consultation; I will come back to rights and title holders in a moment — to talk about this key Indigenous organization.
If the minister could take us through the process…. I presume…. I’m generally aware of some of the members who were focused, at committee stage, in terms of the body that would have been looking at that. If the minister could, again, go into a little more detail about what the process with the summit was in terms of this level of consultation, both pre the legislative framework drafting as well as when the legislation was in draft form.
Hon. A. Dix: Maybe what I’ll do is take the member through the consultation. Many of the people who go to the summit are represented in all the other bodies too. This has been the advantage of the process.
Really, this engagement process starts dating back to June 2019. The original focus of that was, in that case, the First Nations Health Authority and others. The first round of consultation was focused on ensuring that articulating the ideas of cultural safety and humility be prioritized in all of this HPA modernization and a detailed discussion of how we deal with complaints processes and the importance of consultation around issues such as the data collection that the FNHA did.
That goes through multiple consultations with, for example, the In Plain Sight working group, an extensive session with them; the Heiltsuk Tribal Council, which had a specific consultation on this issue, as required; and a series more with the In Plaint Sight legislation working group, which was substantial and includes broad participation; and the First Nations Leadership Council in earlier 2022.
Then, as we go through the details, as we get closer, a series of Indigenous partners and organizations took part in open-house sessions around the province and had wide participation there. And it continued with the First Nations Health Authority, the summit and others.
So what you’re talking about, really, is three years of consultation which assisted us in developing the sections that are in place here and then, once legislation in draft form was developed, working with us to make sure that it met the aspiration and expectation of what it intended to do and was understood.
I understand what the member is saying. There are a lot of issues. It was one of the themes of the second reading debate. There are a lot of issues, and this is a big bill, so we want to focus on this. Everyone appreciates it’s important and that we have to take these things on, because for a lot of the things we need to solve in health care, we have to take on some years before they start to have an impact. And if we don’t take them on, then we’re that many years short of achieving the results we achieve.
I think I would say, though, that — and you saw this reflected in In Plain Sight — there is enormous interest in First Nations and Indigenous communities and health care. This isn’t a case of it being secondary to resource development or anything else.
I think we’ve spoken about this in our estimates debate when the member for Prince George–Valemount and I talked about these issues in some detail and the importance of understanding that there’s a major provincial hospital in B.C. — B.C. Women’s — where Indigenous people were leaving at ten or 11 times the rate of the rest of the population, against doctors advice. It reflects a concern with the health care system, which is profound.
So I think that the issues here, the issues from the In Plain Sight report, which reflected on health professionals…. That happened subsequent to our engagement with the opposition parties but was very much in part on the conduct and the interaction between health professionals and Indigenous people, all of that rightly informed.
We did a major public consultation, in between starting the consultation on this, that was led by Mary Ellen Turpel-Lafond that produced, I think, a remarkable report. I mean, imagine this on such a serious subject, doing a major report with recommendations that have broadly been accepted by government, by opposition and by the community in five months. Would we have that on all subjects of reports.
That happened in the middle, and that also addressed some of these issues. The engagement on this question has been substantial through those processes and has built one upon the other.
I understand that when we get to the end of that process, interest may not be as high as in the present. But I think the interest — and I’m sure the member knows this from talking in his role as critic — in health care issues in the jurisdiction, in the First Nations Health Authority and sometimes the issues of jurisdictions that stem from that is not a secondary interest. It is a top-tier interest.
This wasn’t a case of producing a big subject and people had other things that were more important that they did off the side of the desk. We had engaged people involved in these consultations, and they really contributed to making the legislation better.
M. Lee: I appreciate, again, the minister’s response, as we delve into the nature and the scope of the consultation.
There are a couple of different ways to come at this. I’ll just enter one way, which is….
Certainly, the minister just referred to the In Plain Sight report again, and we know, of course, that that report came out in December 2020, which was — what? — almost a year and a half, I suppose, after the initial time frame that the minister referred to when he suggested and indicated that June 2019 as when the process of consultation began with First Nations.
I note that in the lead-up to the recommendations at the back of the report, it underlines that all of the recommendations in the In Plain Sight report “must be understood as requiring a joint approach with Indigenous peoples in their implementation, consistent with the UN declaration, which calls for consultation and co-operation between governments and Indigenous peoples in upholding Indigenous human rights.”
There is more language around that to describe what is a fairly significant initial point in the lead-up to all of the subsequent recommendations that are set out in the report. It suggests, of course — again, underlying the importance of that high-level, joint approach — consultation and cooperation. This statement and the way it’s framed is there, 15 months after UNDRIP was adopted in the House unanimously.
I think there is a further understanding, as we work with DRIPA as to what standard of consultation is needed. Again, I think this is the reason why, apart from the usual, that members on our side of the House will have the opportunity, on various bills that come in front of the assembly, to ask about consultation with First Nations, given what the minister just indicated.
Certainly, I do share the understanding that this is a high-need, high-priority item for First Nation leaders and Elders, parents and grandparents in Indigenous communities, for their children and others — a great need — to address. Certainly, there have been efforts to do so in the course of time, which date back some years, as we all know.
Can I ask the minister: was there any particular adjustment in approach when the In Plain Sight report came out, recognizing that statement? I know that the minister mentioned the meeting with the working group. That may be part of the answer, but can I ask the minister to comment on that, given that it was about halfway through the consultation process?
Hon. A. Dix: I think if you go back to the work that we did with the member for Kelowna–Lake Country and the member for Cowichan Valley, the work done on cultural safety is very high level. I would argue that our consultation with First Nations, in this case, basically authored the sections involved, in both our major consultations involving the In Plain Sight working group, our consultations with important groups — Métis Nation B.C., the leadership council and others — but also our detailed open-house meetings with Indigenous people.
At each one of those, there were issues raised — the importance of it, support raised, issues raised and responses that are reflected and incorporated in the legislation. I think sometimes some people in government will say they’ve put forward a requirement for consultation, and it sounds like it’s almost an impediment: “We’ve got to get through that to get what we want done.” This was a decision made by the member for Kelowna–Lake Country, myself and the member for Cowichan Valley, in that case.
On this subject, the importance of consultation and developing the intent of cultural safety in the act was so important that we would say, “Of course, we support that,” but it requires the involvement — especially given what we learned, the actual substance of the In Plain Sight report — of Indigenous people, Indigenous communities and Indigenous groups.
Those sections of the act are specific to those intents, including the ones that specifically mentioned DRIPA in in the act. But others…. I’ll just give, for example, issues around the replacement of the idea of dispute with “restorative processes,” which is a direct thing, not out of a major consultation or something that happened in the Ministry of Health offices, but out of open house meetings with Indigenous people around B.C., where specific recommendations were made.
I think you can say that those sections of the bill, involving cultural safety and Indigenous people, were very much the product of a direct engagement with them about what should be in such legislation. Hopefully, they’re well reflected. That’s what you intend to do in the process.
I would say this changed with In Plain Sight, but it was also in the minds of those who were preparing this legislation — that we were going to make a change in the Health Professions Act and that one of the things that changed was our understanding of these very issues, I hope. I think it’s fair to say that on all sides, that has taken place. That meant that that consultation had to be specific.
In Plain Sight gave, of course, more recommendations and more meaning to that, I would say — and, of course, impetus to that. But it’s fair to say that it was certainly our intent — I’d say to the member for Vancouver-Langara — to do that in advance of that. The actions that were taken, and the consultations that occurred, reflect that.
M. Lee: This discussion around consultation can take a lot of different shapes and ways just to work through this. Recognize that I do want to come back to the larger topic around consultation. But for example, again, with the In Plain Sight report, could I ask, to the minister, about something he did refer to: the recommendations themselves? Just as a straight, preliminary question, which particular recommendations, out of the In Plain Sight report, are Bill 36 addressing?
Hon. A. Dix: In particular, we refer to recommendations 2, 5 and 11 to “hard-wire” cultural safety — you see, in the legislation, how clearly that’s hard-wired here — and a “speak-up” culture, which is critically important in the process. You see that in recommendation 11.
Then recommendation 5 — I just want to make sure I got it right — is that we jointly work together to improve patient complaint processes. There are obviously significant processes through health authorities of patient complaints, but there’s also through colleges. All three of those are reflected in the legislation.
M. Lee: I appreciate the identification of that by the minister and his team. The minister mentioned earlier in response…. This one should be a fairly straightforward one because cultural safety, of course, was, as the minister mentioned earlier, something that the committee had identified early on. With this specific recommendation 2, for example, could the minister share the kind of process in receiving input, feedback, consultation around how recommendation 2 would be implemented in the context of Bill 36 from First Nations and other Indigenous organizations?
Hon. A. Dix: Well let me describe it in some of the following ways. I apologize, because we’re on section 1. I think, because the question really involves more broadly how that impacted the broader bill, we could do that now.
I think it’s hard wired. Cultural safety, in the way that was recommended by Dr. Turpel-Lafond in the guiding principles — that’s section 14(2).
The anti-discrimination measures — that’s section 15.
Making it clear that discrimination is misconduct and actionable conduct — that’s sections 9 and 11(1)(c).
Revamping the complaints process by enabling restorative processes that could be influenced by Indigenous practices — that’s section 157 and section 268(1)(b).
As well as enabling support workers and access to counselling for people who have experienced discrimination — that’s division 5.
Then the clear expectation for regulated health professions for providing services ethically, in compliance with anti-discrimination standards set by the regulatory college — that’s 72(a).
In collaboration with one or more persons nominated by Indigenous governing bodies in our representative bodies — that’s section 384(2).
In addition, requiring the superintendent to collaborate with one or more persons nominated by Indigenous governing bodies and/or representative bodies when conducting an oversight process that relates to Indigenous matters — that’s section 467.
These were additions to improve cultural safeties that were established with Indigenous people in B.C., both in what we sometimes call the RFL stage, which people who have been in the process know as a request for legislation stage, and at the drafting stages. You can see, again, that came and was reflected at a number of stages in the legislation, but those are some of the ways in the legislation that cultural safety is found.
I know we go through these quickly. I’d be happy to share that that list with the member, should he require.
M. Lee: I appreciate the minister taking the time to run through that list. Obviously it’s not the intention to go through the subject matter that’s covered in each of those provisions. We’ll have that opportunity as we go section by section, led by the member for Prince George–Valemount. But it does demonstrate, of course, the elements of Bill 36, the many sections that address recommendation 2.
There’s one component, though, that I just would like to, again, cover in that list, if the minister could just further indicate, even on the RFL stage, what followed.
What was the contact with First Nations, Indigenous bodies, relating to these particular proposed sections or proposed areas of the bill that would address recommendation 2?
Hon. A. Dix: I think cultural safety was at the heart of almost…. We list off the many consultations we had, and it was at the heart of many of those consultations. One of the things that I’m so appreciative of our team for doing, both in Indigenous health, within the Ministry of Health, and our team that was leading this legislation, which Brian Westgate led — he’s to my right — was that what we wanted to do was to go back.
We would hear things. Then we’d do a PowerPoint and say: “Is this what we heard?” We’ve all been in those rooms where we understand different things. With respect to this question of cultural safety, it was just central, I think, for the engagement of Indigenous people with the health care system and for Indigenous health.
It has been proven that the lack of that trust and engagement has been damaging to people’s health for generations and even unto the present. So a lot of that work, from specific consultations with leadership councils, the In Plain Sight working group, Métis Nation B.C., the First Nations Health Authority and others, was very much part of it. But also in the detailed consultation, whether it was with the Heiltsuk or others, they specifically informed how we developed those sections.
Our approach on those sections around cultural safety was to engage, listen and report back what we thought we heard, at both the RFL stage and then subsequent stages. I think that process was very…. I don’t know if it was always helpful to the people you’re engaging with, because they, obviously, have many things, but they felt this was very important. Certainly, it was very helpful to us in ensuring that we understood what people were saying to us around issues of cultural safety and Indigenous-specific racism in the health care system. So that was the process that was important.
What I’ll try and do…. We just want to take out what individuals may have said that are in this document. But I’d be happy to share the broad list of consultations to show the approach that we took over time with different groups, because I think it is rare that individual public meetings affect those legislative provisions that were important in the way that it happened in this case. You have to have, I think…. I think it’s to the credit both of our team working on it but also the people engaging us that that occurred on these issues around cultural safety.
M. Lee: Certainly, I would appreciate the minister, as he has offered, to share that higher-level list, whatever redactions are necessary, at least that his team seems to think would be appropriate. Certainly, it would give us a better sense as to the nature of the scale and the scope of the consultation process.
I think that that is probably the most useful example out of the report. Another example is recommendation 5 that the minister cited. In that one, of course, the recommendation is hard wired, so to speak, using that term, to refer to “the B.C. government, First Nations governing bodies and representative organizations and MNBC,” Métis Nation B.C., “to jointly develop a strategy to improve the patient complaint processes to address individual and Indigenous-specific racism.”
On that one, I just would like the minister to confirm that as part of that overall consultation process, which the minister, again, has indicated further detail…. For this particular recommendation, if the minister could just confirm that that was the process with these governing and representative organizations and perhaps, again, give us a sense as to what that process looked like.
Hon. A. Dix: Very much in the same way. This was, as a practical matter…. There were issues around cultural safety and how to embed that in the legislation. Also, the changes to the patient complaint processes are important for health authorities as well as for professional organizations like this. It was a very similar and central part of our engagement throughout the process.
To highlight this…. We’ll come to these as we come to the sections of the bill. We wanted to make it clear that the Health Professions and Occupations Act aligns with the B.C. human rights code to address discrimination. That’s section 9. It clearly addresses — and this is important — in the complaints process, discrimination as a form of misconduct and actionable conduct. That’s 11(1)(c).
It’s revamping the complaints process by enabling restorative processes — that’s section 157 but also section 268(1)(b) — as well as the enabling of support workers to have people there to access counsel for people who may have experienced discrimination.
Further, with respect to allegations of discrimination, section 135(1)(b) addresses the role of investigation committees, and 231(2)(b), again, does the same. And 170, with respect to the…. Those are all actions that were informed by this. Oversight over all of the complaints process is section 467 of the act.
These, and providing opportunities for confidential and/or anonymous submissions of a complaint, were all issues that were both raised and reflected in the legislation. That complaint process, that recommendation 5, is reflected directly in the complaints process and then through the legislation.
Some of those changes are the same as cultural safety — the complaints process has that embedded in it — but others are directly to the complaints process. Again, those were issues that were the subject of In Plain Sight, recognitions of In Plain Sight.
Central to the putting in place of cultural safety…. How does one engage in complaint processes using and ensuring cultural safety? Those are reflected through the legislation. Those were important considerations for us in our consultations throughout the process, with the In Plain Sight working group, which is substantial and representative, as the member will know, having had that discussion. I had that discussion with the member for Prince George–Valemount during estimates.
We would be happy — the member may be interested in this — outside of the legislation, for our associate deputy minister to bring him up to date as to progress on In Plain Sight that goes beyond this legislation — I think that’s important — but with, also, the representative groups and our public sessions as well.
All of that informed these key aspects. I think you’ll see them reflected, and we’ll see them reflected, as themes as we go through the legislation.
M. Lee: I certainly appreciate the further offer by the minister to have an opportunity…. I know that the member for Prince George–Valemount has already been in for that. Certainly, it does anticipate my next question in terms of the other recommendations in the In Plain Sight report. I certainly would appreciate that further briefing for recommendations that are not specifically addressed and that the minister did not identify.
Having said that, I’m not going to attempt to question the minister here, at this juncture, about every other recommendation in the In Plain Sight report. I would ask the minister if he could offer a comment about recommendation No. 4. Recommendation No. 4 says:
“That the B.C. government, First Nations governing bodies and representative organizations, and MNBC jointly establish the office of the Indigenous health representative and advocate with legislative recognition and authority to provide a single, accessible, supportive, adequately funded resource for early intervention and dispute resolution for Indigenous people who require assistance to navigate, fully benefit from and resolve problems within B.C.’s health care system, including all health authorities, regulatory colleges and other health providers.”
And then it talks about a review within five years.
I know that there, obviously, are roles and responsibilities for the new superintendent’s office. We can get there in terms of questions about the nature of that authority and the jurisdiction and the mandate.
Could I ask the minister to comment on recommendation 4 and whether there are elements here that he considers have been addressed in Bill 36?
Hon. A. Dix: I think what I would suggest for the broader questions on In Plain Sight which aren’t related to here is…. We’re absolutely prepared to have a briefing with Associate Deputy Minister Dobmeier to go through where we are in all of the recommendations.
This is an interesting reflection and lesson for ministers and Ministers of Health. When we went through this process of implementing In Plain Sight, we went through a very significant governance process to ensure that working groups around it were representative. In other words, we didn’t simply replicate previous models that weren’t working, again, in a sort of “we know what’s best for everybody” approach. So that’s what we’ve done in all those.
Recommendation 4 is not, maybe, about health regulatory colleges. But there needs to be…. It has to be embedded everywhere. So of course, it should be embedded here. It was principally about a broader health system process of concern. There are roles for independent officers to play, and there have been since the In Plain Sight report came out. So I’d be happy to go through in detail what we’re doing to respond to that recommendation, working with the team we put in, a very representative team, around In Plain Sight to see that that recommendation be moved forward in a way that makes sense.
With respect to this bill, creating another office or adjusting the Ombudsperson’s office and others to ensure that we meet those needs doesn’t take away your responsibility for this legislation to meet the requirements and the necessary conditions of cultural safety. Sometimes we create something over here, and we say: “Oh, we’re dealing with it over here.” It’s embedded in the legislation for a reason. It’s our expectation that health professional colleges, the regulation of health occupations and the oversight of those have, at their heart, anti-racism and anti-discrimination. That would be in addition to those actions.
When you talk about recommendation 4 of the report and the progress we’re making on In Plain Sight, it’s important. But nothing we do there would take away the obligation in this bill to make sure…. Our unanimous legislative commitment to DRIPA, our unanimous commitment to the In Plain Sight report and seeing it go through, the centrality of cultural safety, a complaints process that is culturally safe in a way that’s worthy of its name and a speak-up culture are central to the legislation.
What I can tell you is that in addition to In Plain Sight, in the spirit of In Plain Sight and in the spirit and the requirement of DRIPA…. That’s what we’ve tried to do here by having those sections be specifically and comprehensively informed by Indigenous people.
The Chair: Member, noting the hour, one very brief final question for today.
M. Lee: I appreciate the response. Well, speaking of DRIPA and the action plan, would the minister just identify which specific action items of the DRIPA action plan are addressed by Bill 36?
Hon. A. Dix: With respect to the DRIPA action plan — which happened coincident with our drafting of this legislation, I should say — I want to cite three particular items: 3.7, 4.8 and 4.14. Perhaps what we’ll do, because we’re at time here, is I’ll give those numbers to the member now, because he may want to follow up on them when we come together next.
But 3.7 is actually to implement the recommendations of In Plain Sight. That was part of the action plan. Section 4.8 is related to tripartite health plans and agreements and to ensuring the participation of decision-making. Section 4.14 is about increasing the availability and accessibility of resources to Indigenous partners. We can go over those in greater detail as we go forward, but that gives the member a sense and, maybe, a focus to where we would go next.
I want to give him those answers and move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:17 p.m.