Third Session, 42nd Parliament (2022)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Wednesday, November 2, 2022
Afternoon Sitting
Issue No. 246
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
WEDNESDAY, NOVEMBER 2, 2022
The House met at 1:31 p.m.
Clerk of the Legislative Assembly: Hon. Members, pursuant to Standing Order 12, the House is advised of the unavoidable absence of the Speaker. Consequently, the Deputy Speaker will take the chair.
[S. Chandra Herbert in the chair.]
Routine Business
Prayers and reflections: K. Kirkpatrick.
Introductions by Members
Hon. K. Conroy: Today is actually Take Our Kids to Work Day. I don’t have any kids here, no, but in the gallery is Kylan Wright. He’s a grade 9 student from Oak Bay High School, and he’s here with his stepdad, Mike Hykaway, who is the assistant deputy minister for the North, in my ministry.
They came to my office earlier so that we could meet. He told me that in grade 5, he had written a report on his MP, who is now his MLA, the member for Oak Bay–Gordon Head. Kylan is a very well spoken young man. We might even see him in the chamber some day.
Please join me in welcoming Mike and Kylan to the chamber.
T. Stone: I rise today to introduce two bright young students who are joining us in the gallery today. They’re actually here today shadowing Justine Hunter of the Globe and Mail. They’re learning the ins and outs of the press gallery, the vital role of democracy and the public discourse that journalists are a huge part of here in the Legislature.
Rachael Collins is a student at Fraser Academy. She’s an artist. She says that she’s here to learn how to better argue with her dad. As a father of three daughters myself, I can assure Rachael and this House that she needs no lessons from anyone in this chamber.
Alice Deyell is a student at West Point Grey Academy. She is a student journalist and one day hopes to have the opportunity to become an astronaut.
I’d ask that the House please make these two young and up-and-coming students feel very, very welcome here in the chamber.
Hon. S. Robinson: I have a very special guest joining us today who’s in the gallery, a young man whose name is Matt Djonlic. He is now Councillor-elect Djonlic.
I met Matt about ten years ago, when he volunteered on Chris Wilson’s 2013 election campaign. At the time, he was an energetic 20-year-old, eager to learn, eager to work, eager to engage and eager to lead. While Chris wasn’t successful in that election, despite all of Matt’s hard efforts, his efforts did pay off a couple of years later when he helped get Jodie Wickens elected to this place, and Matt became Jodie’s constituency assistant.
Soon after that, in 2017, Matt became my executive assistant when I was the Minister of Municipal Affairs and Housing. Matt absorbed everything, everything about local government, everything about housing. He has followed me to the Ministry of Finance. He again continues to absorb everything, still eager to learn, eager to work, eager to engage and eager to lead. I could not be prouder if he were my own son.
Matt has continued to deliver for all of our constituents. I know that he’s reached out and spoken with everybody’s office here in this chamber. I am excited to see such a young person of Métis heritage bring age diversity as well as Métis diversity to Coquitlam council. We know that with diversity, you get better representation and you get better governance.
Would the House please acknowledge and thank Matt for all of his work on all of our behalf, the people of British Columbia, and wish him all the very best as he moves forward and becomes a politician himself for the city of Coquitlam.
P. Milobar: I rise today to recognize…. On the floor behind us today, we have my predecessor from Kamloops–North Thompson, Terry Lake, who is obviously no stranger to question period.
We’re trying to encourage him. He does not have to maintain the long, proud history of Kamloops–North Thompson of Kevin Krueger before him, and now myself, of heckling. I’ve got it well in hand. Terry can sit very quietly today and observe the proceedings.
Will the House please welcome Terry back to the chamber.
N. Sharma: In the House today are several representatives from the B.C. council for the Canadian Society of Association Executives. Their membership includes many executives and senior leaders of the province’s associations and not-for-profit organizations.
Would the House please join me in making them feel welcome.
B. D’Eith: I always get jealous. So many other folks get to introduce people in the House. It’s really awesome when I get a chance to introduce constituents. I have two constituents here, Gwen and Chris Schmidt. We had a wonderful tour and lunch together. It was great.
Chris works in the agriculture industry in farming equipment. Gwen is very busy in our community. She is the executive director of Community Futures North Fraser. Right now Community Futures is all meeting at Royal Roads, so there are a lot of folks here with Community Futures. She’s on a lot of boards — Mission Skating Club. She’s on Mission Regional Chamber of Commerce. She’s on the Mission Downtown BIA and chair of the Harrison-Agassiz Chamber and also in Rotary. She does so much in our community.
I would like you all please to make them both feel very welcome.
T. Halford: I will pick up where my colleagues left and talk about the grade 9 job shadow day. Today I am extremely proud that I have my son Benjamin here, watching the proceedings of the House. Ben has made the long trek over here from White Rock to job shadow his dad for the day, and he got a free lunch out of it. I think I spent my entire per diem on wings last night. So it was….
I know the sacrifices that every member of this House and their families make, individually. Ben is included in that, because…. You know, every time that I see him is awesome, but to have him over in Victoria with me here today, it’s one of the best.
I want the House to please make Ben welcome.
M. Elmore: I’m very pleased to welcome Rey Fortaleza, the publisher for Philippine Asian News Today, published in British Columbia. November 2 is the International Day to End Impunity For Crimes Against Journalists and encouraging all countries to adopt the UN convention to ensure the safety and independence of journalists and other media professionals, who continue to be attacked beaten, detained, harassed, face cyber attacks and threatened for doing their job and the need for all governments to uphold a free and independent media.
I ask everyone to please make Rey very welcome as we mark and celebrate November 2, International Day to End Impunity For Crimes Against Journalists.
Hon. B. Ma: Thank you so much, hon. Speaker — so nice to see you up there in the chair.
I have the pleasure of being able to introduce two very important people to the people of North Vancouver–Lonsdale. I have Joshua Saville and Shawn Vulliez joining me from the constituency of North Vancouver–Lonsdale. They serve as constituency assistants, working very, very hard to hold down the fort and make sure that our community members are well served, especially when I’m here in Victoria.
They’re here for a couple of days to get a better understanding of what we do here in the Legislature. As all members of the House know, we rely so much — so much — on our constituency assistants. They are our eyes, our ears, our correspondence masters, our caseworkers. They keep us healthy and fed, in some cases.
I’m so grateful to have them here in the House with us. Would the House please join me in welcoming them to the chamber.
Deputy Speaker: Sorry. Continue.
Hon. B. Ma: If I may, I’d also like to acknowledge my administrative assistant, who is here in the Legislature with us. It is her last week. Her name is Sonja Leeuw, and she has been an absolute rock for me here in Victoria. She has definitely done her part in keeping me healthy and fed and getting me to where I need to go. She has been just such a pleasure to work with.
I’m very, very grateful to her service, and I hope the House will join me in thanking her for her service as well.
Hon. N. Simons: I’d like to ask the House to help me welcome a constituent from Powell River, Leni Goggins, who works with Inclusion Powell River and her actual title is director of social economy and other cool stuff. In fact, one of the cool projects she’s working on now is the new inclusive economy, which aims to increase the employment of persons with disabilities and help remove barriers for employers and employees to ensure that people have the ability to succeed in all aspects of their life.
Welcome, Leni.
G. Kyllo: I’m very proud to be joined in the House today by some very dear friends, John Guilbeault and his beautiful and very talented wife, Darlene. They’re from my hometown of Sicamous. They’re here on the Island visiting family and grandkids. We know how important grandkids are in all of our lives.
During the course of our conversation today, John shared with me that he actually served in Ottawa, at Hansard.
John, sorry for the date and for setting this out there, but it was in the 1970s.
Anyhow, would the House please make my dear friends John and Darlene very welcome.
Introduction and
First Reading of Bills
BILL 39 — JUDICIAL REVIEW PROCEDURE
AMENDMENT ACT,
2022
Hon. L. Beare presented a message from Her Honour the Lieutenant-Governor: a bill intituled Judicial Review Procedure Amendment Act, 2022.
Hon. L. Beare: I move that the bill be introduced and read a first time now.
I’m pleased to introduce the Judicial Review Procedure Amendment Act, 2022. Our government is firmly committed to lasting and meaningful reconciliation with Indigenous peoples. The unanimous passage of the Declaration on the Rights of Indigenous Peoples Act in 2019 was a significant step forward in this journey.
This bill is part of government’s implementation of the Declaration Act, which created the means for Indigenous peoples to fully participate in decisions that affect them through decision-making agreements with government.
This bill will ensure clarity with respect to the judicial reviews of decisions made under the Declaration Act agreements. When a decision of an Indigenous governing body is judicially reviewed by the court, the process of the Judicial Review Procedure Act will apply in the same way as they apply to decisions made by government. These changes will ensure administrative fairness and shared accountability for such decisions.
The Ministry of Attorney General worked closely in collaboration with the First Nations Leadership Council, the Alliance of B.C. Modern Treaty Nations and several section 35 rights holders such as the shíshálh Nation to develop these amendments. The legislation is a step forward to the cross-government priority of reconciliation.
Deputy Speaker: Members, the question is first reading of the bill.
Motion approved.
Hon. L. Beare: 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 39, Judicial Review Procedure 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)
APPRENTICESHIP
A. Mercier: November is Apprenticeship Recognition Month, and it is a time to celebrate this province’s 37,000 registered apprentices, including over 8,000 participants in Industry Training Authority youth programs.
There has never been a better time to get an apprenticeship to join the skilled trades than right now. We have 85,000 job openings happening in the skilled trades over the next nine years. And as much as that is a difficulty for employers, it is a world of opportunity for young people.
I’ve been trying to do my part in Langley through a series of youth skilled trades scholarships. Every year I give out three $400 scholarships to kids in the Langley school district, and this year I awarded them to Matthew Crane, Ryan Vickers and Emily Sousa from Brookswood and Langley Secondary School respectively, who are enrolled in the Youth Train in Trades program, auto service techs and hairstyling — two areas where I obviously need a lot of help and assistance. They’re going to go off to great flourishing careers in the trades.
Just the other night, I had the opportunity to go to VCC’s culinary apprentice of the year hosted by VCC and B.C. Chefs Table, and that’s another trade where there is a ton of opportunity. We are going to need 18,500 people in the culinary skilled trades in the next nine years.
It was so great to see the top three participants were all women, including Danae DeJong, a Walnut Grove Secondary grad who graduated in 2020 from a Youth Train In Trades program, and who now works at Pier 7.
There is so much opportunity. Being there the other night, the day after eight Michelin stars were voted to Vancouver, it was easy to see where the next Michelin stars are going to come from.
If you have a young person in your life, this is the time to encourage them into apprenticeship.
UNBC RECOGNITION OF
INDIGENOUS
LEADERS
S. Bond: I rise today to recognize three outstanding Indigenous leaders, who recently received honorary degrees from the University of Northern British Columbia.
The first is Carrier-Sekani Family Services’ chief executive officer Warner Adam of the Lake Babine Nation. He has been a tireless advocate for Indigenous children and families, collaborating with UNBC researchers to examine health disparities between Indigenous and non-Indigenous people, as well as reshaping the politics of health care. He is the founding president of the B. C. Aboriginal Child Care Society, has served two terms as the deputy chair of the First Nations Health Council and has served on many other boards and committees.
The second honoree, Natan Obed, is president of the national organization working to protect and advance the rights and interests of Inuit in Canada. Obed has worked to address issues including suicide prevention, climate change and has been a strong advocate for social equity for the Inuit.
The final honoree is artist and carver Rob Sebastian of Gitxsan and Wet’suwet’en ancestry. This acclaimed artist has a long-standing connection to UNBC. As you explore our beautiful campus, you will find many of his incredible pieces. Sebastian carved, and to this day still carefully maintains, the university’s talking stick and ceremonial chairs. The carved and painted senate doors are also his work, not to mention the carved raven in the Robert Frederick Gallery, among other works.
In addition to bestowing these honorary degrees, this very special day featured the formal installation of UNBC chancellor Lheidli T’enneh Elder Darlene McIntosh, and president and vice-chancellor Dr. Geoffrey Payne.
I want to congratulate the honorary degree recipients, and I very much look forward to working with the chancellor and president of UNBC.
KARTAR SINGH SANDHU
J. Sims: Imagine being 90 years old and having your first book published.
Mr. Kartar Singh Sandhu was born in the village of Rode, in Punjab, on June 30, 1932. Born under British rule, Mr. Sandhu is a trail-blazer. He completed his education in 1948, the same year India gained its independence. From there, he became a teacher and served for 35 years.
In 1999, Mr. Sandhu emigrated to Canada. As much as he loved his new home, like many others, he struggled with the many changes his new life offered. He started to connect more deeply with his passion for poetry and the Punjabi language. Over time, he wrote what he felt and what he experienced in those first years as a stranger in a new land. He wrote of harrowing homesickness, of the shift from a slower-paced, comfortable lifestyle to a fast-paced, more chaotic way of living.
From his writings, Eka Dua was born. Eka Dua is a publication of these stories, written in simple prose for the reader to understand and to relate to. Mr. Sandhu hopes that his poems resonate with people and that they feel their stories reflected in his writings. Eka Dua shares the importance of roots, ancestry and culture in a new world. It represents stories shared by many that should be passed along.
I have known Mr. Sandhu and his family for a great number of years. They are a very progressive family, but Mr. Sandhu demonstrates, once again, that a teacher is always a teacher. He shows us that we are never too old to stop learning and never too old to stop chasing our dreams.
Congratulations on publishing your first book, Eka Dua. I look forward to reading the next one.
MURRAY CHURCH
J. Tegart: On December 8, 2020, I stood in this House and shared the story of the historic Murray Church. The church had been burned to the ground in 2019 by an arson, and the people of Merritt were fundraising in order to rebuild. The fundraising was in the home stretch, needing just $30,000 more to reach their goal.
Well, I’m so pleased to share with the members of this House that I attended the dedication of the new Murray Church on October 1, 2022.
Murray Church was first constructed in 1876 and has served the Nicola Valley for 142 years. It was the oldest church in the Nicola Valley. With determination, fundraising support from the citizens of Merritt and communities across the province, reconstruction became a reality.
Two people were specially recognized in the dedication celebration, local residents David Laird and Richie Gage. It was their expertise and determination that ensured that the reconstruction was completed in a timely way and within the budget. The interior pews, the organ and the baptismal font were all donated.
While touring the small white church, I heard many stories of family memories of Christmas Eve at the old church. The thing that was remembered most was that there was no heat in the old church, which meant you bundled up, brought blankets and sleeping bags, just to stay warm during the service.
Big smiles that the new church has heat. But what is also evident is that it has heart.
INTERDEPENDENCE
R. Russell: I rise today to speak about the lessons that we should learn from microbes.
We think of ourselves as independent and autonomous players in this world. Indeed, it’s a fundamental premise of much of our current economic and political thought. But microbes help show us that’s wrong.
If I picked a cell arbitrarily from any one of us, there’s a better chance that it’s not human than it is us. We each carry orders of magnitude more genetic material from non-us than we do from us: 20,000 genes, give or take, for us and probably two million to 20 million for non-us. Our microbiome influences our nutrition, our defence systems and our cognition. In other words, it defines who we are.
Globally our subscription to the tenets of free enterprise, independence, autonomy, competition have resulted not only in damning social and environmental costs but also in remarkable financial system fragility. The costs of inaction on climate change are an easy and salient example, given the past few years of natural disasters here.
Last weekend, I had the privilege to sit with scientists, public service policy wonks and community leaders, both from the U.S. and Canada, both Indigenous and not, at the Osoyoos Lake Water Science Forum. It refreshed for me the Syilx Nation water declaration, and specifically the notion that “Syilx people assert that siwɬkʷ,” water, “has the right to be recognized as a familial entity, a relation.” The primacy of relationship is enshrined in Syilx natural law.
Relationships with others in the world around us make us who we are. Political decision-making that doesn’t take this into account produces fragile communities, economically and socially.
Co-developing legislation with Indigenous peoples or mandating GBA+ for environmental assessments are examples of how forward-thinking government can change the nature of our decisions in this place to recognize the reality of our interconnected world and produce social, economic and environmental outcomes, robust and beneficial for generations to come.
Ruthless independence is not our nature. Investing in the relationships that support us all is and makes us all stronger together.
DAVE McANERNEY
R. Merrifield: The development and business industries of Kelowna lost one of the great ones this last month. Dave McAnerney passed away unexpectedly on Wednesday, October 12, 2022, at the age of 59. His impact and significance are found in his achievements as well as the bonds he formed with all he knew.
His fascination with accomplishment was a fundamental aspect to Dave, and this quality underpinned his approach to people. He loved to hear about the interests of others and sought to broaden his perspective by learning from them. He really was one of a kind and had this amazing sense of humor and a welcoming smile that was absolutely endearing. But his business acumen was unmatched.
Having graduated from the University of Waterloo in 1987, Dave started his business career with Labatt, where he spent 18 years. He met his wife, Anne, the love of his life, during his time in Vancouver. He knew she was the one when he discovered she could keep up with him on the slopes of Whistler.
Marriage followed, and the births of their two daughters, Michelle and Renee, created their amazing family. Dave could not go a conversation with me without reminding me that I shared a namesake with his daughter. Dave and his family moved to Kelowna and joined SunRype in 2005 as vice-president of operations and then CEO, and then joined the Stober group in 2019 as CEO.
The happiest times of Dave’s life were spent adventuring outdoors in the company of his family and friends or gathering around a dining room table, sharing a great meal and stories. Dave was truly a pillar in the business community and a monumental supporter of charities in Kelowna. Dave took full advantage of what Kelowna had to offer. He loved skiing, biking and hiking with his family and close friends. Hopefully, we can all find solace in knowing he passed while doing one of his favourite outdoor activities.
He was greatly loved and will be greatly missed by all, forever in our hearts.
Oral Questions
RESPONSE PROGRAMS FOR
MENTAL HEALTH AND ADDICTION
ISSUES
AND ROLE OF POLICE
S. Bond: Integrated police–mental health car programs, which pair a police officer with a mental health nurse, are a proven approach to violent crisis incidents. But right across the province, in community after community, urgent requests for the introduction or expansion of those car programs are stonewalled. Whether it’s Prince George, Kelowna, Kamloops, Penticton, Burnaby or Coquitlam — all denied.
Yesterday the Minister of Mental Health and Addictions couldn’t provide a single reason why communities were being told no. In fact, she tried to deny that her government had actually rejected these programs.
In the wake of the death of Burnaby RCMP constable Shaelyn Yang, both the police and the mayor of Burnaby are speaking out. Here’s what the mayor had to say. Mayor Mike Hurley said: “It’s something that we must get. I’m past the stage of being nice about it.”
When will the minister finally do the right thing: stop blocking these desperately needed programs and ensure that these communities get the programs or the expanded programs that they need?
Hon. S. Malcolmson: When people are in crisis because of mental health and substance use challenges, we want them to be met with care and safety, and we want our communities to be safe as well. Our first responder system does rely on police as the primary respondent. That’s what 911 sends.
Because that is both overburdening police and sometimes not leading to the best outcomes for people in crisis, our government has added in a number of ways, whether it’s through ACT programs, whether it’s through FACT, whether it is through car programs or whether it is the most recent iteration, peer-assisted care teams, the number one call in the LePard-Butler report.
We continue to work with municipalities — with every health authority. We have not closed the door on any options, and we’ll continue to look for ways to support police in their vital front-line work and to keep our communities safe in these moments of mental health and substance use crisis.
S. Bond: The minister knows full well that recent reports that she has received have told the government that these programs actually work. She also knows that communities right across the province want these car programs available to respond when there is a risk of violence.
For years now, the city of Prince George has been trying to expand this program and has been told no. Penticton council directly begged the minister at UBCM for immediate urgent action, and she refused.
Last year Coquitlam mayor Richard Stewart publicly expressed his frustration that this government denied a car program in Coquitlam. Following the tragic slaying of Const. Shaelyn Yang, he has joined the mayor of Burnaby in calling once again for urgent action. Mayor Stewart said: “At some point, we’re going to see another tragedy that is directly attributable to the fact that this kind of process occurs.”
When will the minister listen to the advice of experts, the very reports that this government has commissioned? Will she get out of the way, stop blocking these programs, respond to communities and make sure that there are mental health car programs across the province of British Columbia?
Hon. S. Malcolmson: Our government agrees that when police are called into a crisis, they need every support available to them. That is why we have stood up in so many ways, in so many communities. In some cases, they are car programs; in some cases, they are ACT programs, with a police liaison. What we are….
I will say, again, to the member that I don’t think the member was in the room at the Union of B.C. Municipalities when I talked to repeated councils about this, including the mayor of Penticton. When I talked with them about the multitude of ways that can keep police away from those calls completely, many of them were encouraged. Again, our government works across a whole continuum of supports. No options have been closed in relation to car programs where there is a specific ride-along nurse with a police officer.
Interjection.
Hon. S. Malcolmson: I’m not saying no; I’m saying we are open to all ideas.
I will remind the member again that the number one recommendation of the LePard-Butler report for these kinds of crisis calls was that there be non-police interventions. That’s why we have funded the North Shore Peer Assisted Care Team, which in its first year of operation was contacted 448 times, dispatched 75 times. Only in six instances did they need to call police in.
I’m talking to police officers and municipal leaders in many communities, and they say that this, in addition to the other supports we’re giving police and people in crisis, is something they want to continue to expand and explore.
T. Stone: Well, the minister keeps saying that she and her government have left all the options on the table. It sure doesn’t feel that way to municipalities that have car programs that were established before this government took power and that have been urging the government to expand these programs.
The government has not allowed that to happen. It sure doesn’t feel that all the options are on the table for those communities, like Coquitlam, Burnaby and others, that have asked for car programs and this government hasn’t allowed them to be funded.
The minister says she hasn’t said no. Well, she hasn’t said yes either.
The fact of the matter is that car programs respond when there is a risk of violence, and they can’t be substituted for by peer teams. The minister is treating this like an either-or situation, when it’s not. We need both police and peer programs, and we need a lot more of both of them. Car programs have not only been called for, for 5½ years by the official opposition; they’ve been called for by mayors and called for by police. It was a top recommendation in the recent LePard report.
It was recommendation No. 4 of the all-party committee on reforming the Police Act. The fact of the matter is that the committee looking at reforming the Police Act heard loud and clear how having both medical records and police files allows for a bigger picture, a more complete picture of a mental health crisis, so that the nurse and the police officer can make the most informed decision. Recommendation 4 of the all-party committee said co-response models such as car programs.
The question, again…. What the minister is doing is not working. Why is the minister leaving communities across the province without car programs at all or an expansion of these critical car programs, which have been proven to work so effectively where they do exist across British Columbia?
Hon. S. Malcolmson: It’s because our government recognizes that police on the front line and people who are in mental health and substance use crisis need supports tailored to meet their needs, and because the health authorities are our vital regional delivery partner. One year ago my ministry funded Vancouver Coastal Health to expand staffing for the Car 87/88 program to better respond to increased call volumes, triage referrals and complete assessments.
I also, through my ministry, provided Vancouver Coastal Health temporary funding to create an urgent mobile response service in the North Shore, Car 22, which is a partnership between VCH and the RCMP, the integrated First Nations Unit of the RCMP and West Vancouver Police. That’s an example of something that, when sought by the health authority, my ministry funded.
We are open to more of these models. We need to tackle these problems with a diversity of approaches.
T. Stone: When it comes to just how important these interventions really are for all involved, it’s all about the results. Where car programs are in place, the results are very, very good.
We hear in some responses from the minister that the health authorities do their own thing. We hear in other responses that she actually has inserted herself and directed a health authority over here to do something but won’t provide the same direction over here.
The fact of the matter is if the minister and the government wanted to make this a priority, she would direct all of the health authorities to properly fund the requests of every municipality that asks for either a new car program or an expansion of an existing car program.
Last year she was directly asked to intercede with health authorities to provide communities the much-needed, much-asked-for car program services. You know what her response was? The minister’s response was this: “I do not get into the small operational details.”
I think British Columbians would agree that it’s time for this minister to stop passing the buck and to recognize that when a program is proven to work in communities across British Columbia and when British Columbians are in crisis, she needs to get directly involved and do her job.
The question is this. Right now this minister could stand up, as I said, and she could tell health authorities that these car programs are a priority of this government. They must be funded in the communities that asked for them, and they’re desperately needed services. Will the minister do that today?
Hon. S. Malcolmson: As I’ve said repeatedly, we have all options on the table. We need a diversity of responses. As I noted in my previous answer, when Vancouver Coastal Health approached my ministry and said that they wanted to have expansion of the car program funded because Vancouver Coastal Health thought that they had the health resources and the staff in place to expand that car program, that is what I did. We supported that. That was just one year ago. That’s a recent example.
The peer-assisted care teams that were the number one recommendation in LePard-Butler — this year’s budget invested $1.26 million to create new teams in New West and in Victoria to add to the North Shore program. They are mobile teams that de-escalate situations involving mental health crisis, and they connect people to community services and supports.
These are people who are in distress, with thoughts of self-harm or suicide, families experiencing challenges, substance use, loss of reality, feelings of hopelessness and despair, social isolation and loneliness, fear and anxiety and other mental health challenges.
They also help people living with mental illness and substance use and their families keep connection to their communities and to health services. They are typically a combination of trained peers and mental health professionals, social workers and psychiatric nurses to provide trauma-informed, culturally safe support.
That’s an example in three communities with three municipalities. And we’re determined to do more.
REVIEW OF MENTAL HEALTH ACT
A. Olsen: Yesterday the Legislature’s own committee on drug toxicity recommended a full review of the Mental Health Act. They call it outdated. We’ve heard this before. The committee that I sat on, the committee reviewing the Police Act, also called for a full review of the Mental Health Act.
It’s clear that we need to change the mental health services in this province. But instead of looking at the system as a whole, what we’ve seen this government and this minister do is invest in a system that’s clearly broken. It’s a band-aid solution. It’s not working. And the Legislature has heard that time and again.
In fact, members of this House have come together twice now and implored the government to change and to review the Mental Health Act.
When can the public expect a full review of the Mental Health Act?
Hon. S. Malcolmson: The system of care that we are working hard to build is what I hear families and people on the front line call for. They say it’s decades overdue. And while we are fighting two public health emergencies, we are working with health authorities and with partners from every sector of our province and with people, particularly with lived and living experience, about what they need right now.
Our very first priority is getting the crisis supports, getting the mental health counselling, getting the programs in schools. So that’s why our first priority was not reviewing the Mental Health Act; it was providing the services that people need.
Interjections.
Deputy Speaker: Members, please.
Hon. S. Malcolmson: We are considering all the recommendations of the Select Standing Committee on Health and its review of my ministry’s response to the toxic drug overdose crisis — reviewing all their recommendations, with gratitude to the hundreds and hundreds of people across the province that put their personal experiences and their lives on the line. That’s what I’m focused on, what people with lived experience….
Interjections.
Deputy Speaker: Members. Members, if you want to ask a question, you have to give it time for an answer.
Please continue.
Hon. S. Malcolmson: My very first focus is building up the voluntary system of care and the supports that people are asking for. A review of the Mental Health Act is something that our government certainly has under consideration and we’ll get to.
Deputy Speaker: Member for Saanich North and the Islands, supplemental.
A. Olsen: While this minister and other ministers are reviewing the recommendations that have come now from two committees made up of colleagues of this Legislative Assembly imploring the government to review the Mental Health Act — one as late as just yesterday; a report was put on the table — the reality of it is that we have known that this has been a problem for a long time.
They’re reviewing the recommendations, and we’re investing millions of dollars in a system that is fragmented and broken. That is what we’re hearing time and time again from those people that are coming and submitting their feedback to these committees.
The Mental Health Act is actually overseen by the Minister of Health. So what we have here is we have a Mental Health Act. We have two ministers that oversee this.
This law that we have is working against creating a better system of mental health. No amount of money that this minister and this government are going to invest in it will change that. It’s like trying to eat soup with a fork.
The Police Act Committee and the Health Committee have both said to review the Mental Health Act. It echoes the representative for children and families, the Ombudsperson and several community organizations.
My question is to the Minister of Health. Will he commit to reviewing the Mental Health Act?
Hon. S. Malcolmson: I will say again, in a time of two public health emergencies, our focus, very first of all, is on standing up the supports that save people’s lives right now, the work that needs to be done right now.
We’ve created 100 new positions, funding early psychosis intervention. Those interventions early can save young people from a lifetime of struggling with psychosis.
We’ve added almost 50,000 new positions or places where people can connect with mental health counselling. We’re funding the health authorities to offer culturally informed Indigenous healing service provision. And in time, we will, I’m sure, together, review the Mental Health Act.
But I’ll point to where we do, in a surgical way, the interventions that advocates and people with lived experience ask us for right now. It was just this spring that in this chamber, an amendment to the Mental Health Act to provide rights advice service was introduced and initiated by the Premier-designate, the incoming Premier.
That’s the kind of work…. For the first time in British Columbia’s history, providing rights advice service for people who are admitted involuntarily under the Mental Health Act — that is the kind of immediate work that our government has proved again and again. We will intervene and make changes where people ask us to in the way that actually affects lives right now.
MANDATORY TREATMENT FOR
MENTAL ILLNESS AND
ADDICTION
E. Ross: For the last few years now, we’ve been listening not only to the citizens of British Columbia talking about the drug crisis we have and the mental health crisis we have in B.C. We’ve been listening to the recommendations coming from the reports. We’ve been listening to the minister talking about keeping all options on the table open. So it’s clear now that that’s not the problem.
The problem is that this minister is at that same table and not doing anything — not even doing her job. That’s the problem. We can’t live through another report, if that’s what the minister is thinking.
We’re talking about mental health. We’re talking about violence. We’re talking about so many different things that British Columbians have been demanding, begging for — mayors. All we’re asking is for the minister to do her job based on the reports that this own government commissioned.
We are in a mental health and addictions crisis. We’ve known that for a few years now. That’s why this ministry was created.
Over two years ago, the outgoing Premier called a snap election so he could pass legislation enabling mandatory treatment. After the election, the NDP promptly abandoned the idea. The minister ruled out mandatory treatment. Now we have a Premier-designate who suddenly says mandatory treatment is a good idea again. Will the NDP please, on behalf of British Columbians, take a clearer position?
To the Minister of Mental Health and Addictions, do the NDP support mandatory treatment or not?
Hon. S. Malcolmson: Allow me to address, first of all, the beginning part of the member’s question, where he says I have not done my job. There has never been a place in Canada where a provincial government, on the basis of intervention in an overdose crisis, has achieved decriminalization of people who use drugs.
We’re the first place in Canada where doctors can prescribe safe supply to separate people from the toxic drug supply.
Interjections.
Deputy Speaker: Members.
Hon. S. Malcolmson: We’re the first place in Canada where nurses can prescribe medication-assisted treatment to prevent overdose. We have opened more addiction treatment beds. We went from one supervised consumption site, when the members opposite were in government; we now have over 40.
Interjections.
Deputy Speaker: Excuse me, Minister. If you’d just take a moment, please.
Members, please. Let’s hear the answers. Let’s hear the questions. Let’s respect the people’s time.
Please continue.
Hon. S. Malcolmson: Thank you, Mr. Speaker.
To the member’s question at the end of his question, right now people are detained involuntarily under the Mental Health Act. That is a tool that exists. There are people that are detained involuntarily in the psychiatric forensic system, coming out of corrections — people that are found not criminally responsible.
But the real focus of our work has been on building up the voluntary system of care, one that did not exist in sufficient scope when we took government. We’ve opened more than 300 addiction treatment beds — voluntary. We are opening complex care housing for people for whom supportive housing is not enough, people that tend to be evicted because of untreated mental health and addictions. We’ve opened the Red Fish Healing Centre, 105 beds which have some involuntary beds, some voluntary beds.
Across the continuum, we are building a system of care that people need and deserve.
E. Ross: It’s not appropriate to do a victory lap on your failure.
Deputy Speaker: Through the Chair, Member.
E. Ross: This is how the coroners death review panel….
Interjections.
Deputy Speaker: We will hear the question.
E. Ross: This is how the coroners death review panel described the minister’s system: “A lack of coordinated services, gaps in services delivery, long wait times and eligibility for services inconsistent with peoples’ lived experiences.” That’s coming from the coroner.
It’s going to be a shock to British Columbians that mandatory treatment is now in place in B.C. I didn’t see any announcements. I didn’t see any debate on that. It will be interesting to see the record and where that came up.
The number of young people that are dying keeps going up in British Columbia. Last year a record 30 young people died, 200 percent higher than in 2016.
Last week 18-year-old Kylie Walker of Victoria died, and five of her friends overdosed. This is what Kylie’s great-uncle Joe Thorne says: “We need to make it mandatory that they be given treatment now.”
What the minister is doing is not working. The question is simple. Will the minister support mandatory treatment, yes or no?
Hon. S. Malcolmson: The bill that my predecessor Judy Darcy brought into this chamber was not for forced treatment. That is not something that our government has ever proposed, legislatively or through a programmatic setting.
The scope of the bill formerly known as 22 was that following an overdose, young people have a cooling period, ideally for 48 hours, maybe as long as a week, where they could stabilize after an overdose and have the opportunity to be connected with treatment options. There was no consideration, no contemplation of forced treatment. We make our investments based on evidence. Evidence says forced treatment does not work.
What we heard at the time, particularly from Indigenous leaders but also many civil liberties advocates, including the Representative for Children and Youth and the coroner, was that they wanted us to revisit the legislation. That was the announcement that I made last year: that we would not proceed with Bill 22. We would, instead, co-develop, with First Nations leadership, a way to provide young people, following an overdose, the ways to get connected back to community and connected to the options for treatment and support — but not forced treatment.
SERVICE MODEL CHANGE
FOR CHILDREN WITH SUPPORT NEEDS
AND FUNDING FOR AUTISM SERVICES
T. Halford: Last week parents of autistic children stood outside the incoming Premier’s constituency office in the pouring rain fighting for their children, calling on him to stop the NDP clawback on autism funding.
It has been a year since this government and since this minister announced this clawback to the funding that these families and these children depend on, that these children need. The added strain and the added stress caused by this minister to these families is immeasurable.
My question is to the minister, and it’s a simple one. Will this minister stop this clawback of autism funding?
Hon. M. Dean: It is important to listen to parents and to families and to children and to youth. I have been listening very carefully to families and to parents, and I will continue to listen to families and to parents. Where I hear concerns, I take those very seriously.
I’ve been listening to a large range of families. I’ve also been hearing from many families that their children have been left behind, that they haven’t had access to services that they need.
We have had calls…. We have had…
Interjections.
Deputy Speaker: Members, please. Let the speaker have the floor. Then you will get your time.
Hon. M. Dean: …repeated recommendations from the Representative for Children and Youth and recommendations from a committee of this very Legislature that we need to move towards a needs-based system. The current patchwork is leaving too many children and youth behind. Services are locked behind a diagnosis.
What that does is it causes a delay in children accessing services, and that isn’t good for their development. We’re going to build a system that will serve more children and youth. It will make services more accessible and earlier in their development, and that will help children and youth thrive.
K. Kirkpatrick: It’s a simple question. Will the minister cancel the clawback of autism funding, yes or no?
Hon. M. Dean: It’s really important that children and youth have access to the services that they need when they need them. We’re working towards building a system that will mean that more children and youth have better access to services to meet their needs.
Interjections.
Deputy Speaker: Members, please.
Please continue, Minister.
Hon. M. Dean: We’ve had repeated recommendations from the Representative for Children and Youth, who we listen to. We’re also listening to families, Indigenous rights and title holders, service providers and community agencies.
To reinforce the need to change the system, I’d like to offer some words from the Representative for Children and Youth from September this year: “We fundamentally need to transform the services and support for children and youth with special needs and their families. Thousands of children aren’t getting services right now, so we absolutely need to shift. The system has not been easy to navigate, so that some families, including families with autism, have not been able to access the services. In addition to that, there hasn’t been anything for some families to even navigate, because there are virtually no resources.”
The system needs to change, and that’s what we’re doing.
[End of question period.]
Petitions
B. Anderson: I rise today to table a petition on watershed protection on behalf of the Wynndel irrigation district.
Orders of the Day
Hon. L. Beare: In this chamber, I call second reading, Bill 42, the Provincial Sales Tax Act.
In the Douglas Fir Room, I call continued Committee of the Whole, Bill 36, Health Professions and Occupations Act.
Deputy Speaker: We’ll just take a brief recess as members exit the chamber, and we’ll proceed with second reading shortly.
The House recessed from 2:33 p.m. to 2:34 p.m.
[R. Leonard in the chair.]
Second Reading of Bills
BILL 42 — PROVINCIAL SALES TAX
AMENDMENT ACT,
2022
Hon. S. Robinson: I move that Bill 42 be read a second time now.
Communities hosting major events need additional revenue sources to be able to stage those events and reap the long-term economic benefits. 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, also known as the MRDT, that applies currently in over 60 areas throughout British Columbia.
The amendments provide that an additional major events MRDT of up to 2½ 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.
In addition, a designated recipient of the additional major events MRDT must enter into an agreement with the minister responsible for the Tourism Act. The tax will apply temporarily in the area, and the revenues will be dedicated to paying for the costs of planning, staging and hosting the major international tourism event.
The legislative amendments also include transitional provisions that relate to both the current MRDT and the new, additional major events MRDT to provide clarity on which 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 and 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, of staging and of hosting designated major international tourism events.
One such immediate and fast-approaching international tourism event is the FIFA 2026 World Cup matches to be held in the city of Vancouver. I know that everybody in this chamber is excited about that. In addition to providing its own $5 million contribution, the city of Vancouver requested that the province consider raising the MRDT in Vancouver in order to help the city pay for its cost of planning, staging and hosting this major sporting event that will provide significant tourism benefits for years and years to come.
These legislative amendments are intended to respond to Vancouver’s request and also to provide a means for other communities to make similar requests for designated major international tourism events of provincial significance in their communities.
I look forward to the discussion here in the chamber.
P. Milobar: It gives me pleasure to rise to speak to Bill 42. I’ll just advise the Chair right now that I’ll be our designated speaker for this bill as we move through the afternoon.
As we’ve heard from the minister, and I thank her for that overview of this bill…. At first blush, it seems a fairly straightforward bill. But as we’ve dug into it, as we’ve had briefings, as we’ve reached out to various stakeholders, there are definitely some issues and concerns that we will want to fully canvass as we get into committee stage on this bill. Hopefully, there will be time in the legislative calendar to actually look at this bill properly, given that we have now had four days of debate removed by the Premier-designate, not having the government being held accountable for their language of their bills as we move forward.
Where we should have had another — what is it? — ten days of debate left in this place, we will now only have six days of debate, including today, so that the Premier-designate can have a week-long coronation party instead of the work of the people being done in this chamber, scrutinizing things like Bill 42.
Bill 42 actually has a lot of complexity to it, although the concept is very simple and straightforward. It is having, essentially, tourists pay, by way of an extra tax, into a pool of funds to try to build up some money so that a host community can offset some of the costs of hosting that type of an event. But when you look at the geography and when you read the bill, it talks about a geographic area. Yet when you actually talked to the Finance staff in the briefing, what became very clear was that although the bill says geographic area….
The average person reading that would think: “Oh well, if we’re talking FIFA and the World Cup, that’s obviously an international event. That must mean that the whole Lower Mainland,” where hotel rooms will be used on a great number, “would be used for that geographic area.” But no. In fact, it’s actually municipal boundaries that start to come into play. In this case, because Vancouver is the host of FIFA, it would just be the boundaries of Vancouver that would actually be collecting this tax.
So you would have Richmond — which has the airport, I might add, and lots of hotels — not being subject to the tax. You have Surrey, Burnaby, all those surrounding communities — Coquitlam, North Van. All of that would not be subject to this tax. That will automatically create a bit of unease within the hotel industry in trying to stay competitive, as it relates to rate pressure and whether or not they will have to, as a hotel within Vancouver, reduce their rates by 2½ percent to try to stay overall net competitive to what a customer might pay.
I say that because one would think…. I must admit that my first impression, when you hear this is about an event, is that it would be in place for the event, maybe a reasonable week or two leading up to an event and a week or two after an event, as people come and go. But no. It was surprising to us to find out that this could be in place for seven years — seven years. In fact, if the event happens to go over budget, the minister can extend it even longer. This would be in royal assent.
If Vancouver agrees and the minister puts it in place, and we’ll even just say by the end of this year, then somebody travelling in 2023, staying in a hotel in Vancouver, would be subject to the 2½ percent tax for an event that’s going to happen in 2026. Then, someone that stays there in 2028 will still be paying for an event that happened in 2026 — an event that they had zero intention of attending.
So the concept that tourists coming to the event are paying a bit of a surcharge to help pay for the event starts to go out the window when you start hearing that those types of timelines are available in this bill. There needs to be a lot of discussion around that. There needs to be a lot of understanding and discussion around what qualifies for an international event. I’ve already heard from various communities asking, and I don’t have an answer for them yet.
Hopefully, with the four days of debate being ripped out of the calendar by the incoming Premier, we don’t wind up with time allocation and the inability to ask questions about Bill 42 at committee stage. That’s a very likely possibility.
I’m trying to get answers to questions like: “What qualifies as an international event? Is it only sporting events?” I’ve been asked by communities that have large international wine festivals if that would qualify. There are other communities that have large service groups like Shriners or Rotary clubs from the United States and around the world that come on a semi-annual basis a couple times or once every few years. Does that qualify? We don’t know yet.
It will be up to the minister to decide if they qualify, because there’s no clear language in the bill that we can see that spells out what actually qualifies. There’s a very real possibility that a municipality that has a mayor that gets along with the Finance Minister of the day gets told yes and that the community down the road gets told no, for very similar events.
Now, I know that the former mayor of Vancouver, who was recently defeated, wanted this type of ability to tax tourists for their event, and I would assume that means our incoming Premier is favourable to that as well, since he was out door-knocking and had endorsed that mayor in his unsuccessful mayor’s race.
We’re not 100 percent sure yet. We’re reaching out and trying to talk with Vancouver as well. We don’t want to be offside with what they would need to do as a community to bring forward an event of the stature of a FIFA, but it seems that the former mayor was taken a bit by surprise that FIFA would be an expensive endeavour to get involved with. Who would have thought that FIFA would require things like VIP lounges? Shocking.
It’s shocking that an organization, as known as FIFA is around the world, would want — I don’t know — secure parking areas, for security reasons, for their delegates that are travelling in and that a lot of their wealthier countries that come to things like the World Cup might want to have a VIP area to have a drink and a bite to eat.
Apparently, that took the former mayor of Vancouver by surprise. So now they’re scrambling trying to figure out how to pay for it all. I say that because this tax is projected right now, just in the Vancouver area alone, to collect $30 million a year. It could be in place for seven years or more.
The interesting thing is that this is the government that flat-out rejected, without a meeting, an Indigenous-led Olympic bid for Vancouver but that wouldn’t have just been for Vancouver. There would have been lots of cities that would have had to do small bits of infrastructure for it. I’m from Kamloops. Kamloops was going to be involved in that. Sun Peaks, our ski resort, and Whistler were going to be involved again — Vancouver, Richmond. There would have been a lot of communities that could have charged a tax like this, to tourists, to help cover the cost of an Indigenous-led Olympics.
Strangely, we’ve been led to believe, by the government, that the flat-out refusal to meet with the Indigenous group to walk through their business plan with them — to get a true understanding of what the potential financial risk to the government was going to be — was decided upon by cabinet. Yet two days later, that same cabinet agrees to have a bill introduced to the floor of this chamber that has the real potential to generate literally tens if not hundreds of millions of dollars a year, depending how far-reaching you make those impacted communities for a bid like the Olympics. It could be in place for several years, even after the Olympics.
In fact, in the briefing, the ministry staff made a point of saying: “Yes, if an event like an Olympics were in Kamloops, this tax could be used for it.” So it’s interesting that two days after dismissing an Indigenous-led Olympics bid because of financial risk, they didn’t seem to even be wanting to have a conversation with those Indigenous communities about a piece of legislation coming forward that could actually offset a great deal of that financial risk. Talk about a missed opportunity, from a very secretive government.
It makes you wonder what the rush was to tell those Indigenous communities no. The government could have waited two days. I get that they might not have wanted to talk about Bill 42 with those Indigenous groups before it was introduced publicly, but they could have introduced Bill 42 — we’ve been here since October 3 — at any time before now. Then they could have waited two days and told the Indigenous groups no, to the Olympics, but they didn’t. They did it in reverse. Then they wonder why those same Indigenous groups are frustrated about lack of respect, saying that this has set back reconciliation.
The timeline for this bill was simply…. There’s no other way to put it. It was sitting there with the Minister of Finance, who very much, one would think, should have had her staff reviewing a proposed Olympic bid in terms of the financial implications. At the same time, Bill 42 would have been getting drafted.
At literally the exact same time that they were drafting Bill 42 — a bill to enable extra revenue generation for international events — those same ministers said no to an Indigenous-led Olympic bid, based on potential financial risk, without ever discussing this bill and its revenue potential to those proponents so that they could rework their business plan and show the government how their risk is diminished. Over the space of five years, probably about half a billion dollars could have been collected, based on the modelling from the ministry itself, on what this tax will bring in, just from Vancouver alone.
It defies logic as to why there were not those discussions, why there was not an open and transparent process with those Indigenous communities around their Olympic bid, about the fact that this bill was coming forward, so that they could work with Vancouver and those other communities to talk about actioning this tax as a way to help fund an international games like the Olympics and the Paralympics — with significant dollars, significant spinoff dollars, to the overall provincial economy as a result.
That didn’t happen. It could have helped fund significant recreational upgrades, in a wide range of communities around this province, for the training opportunities. That happens; in 2010, teams from a wide variety of sports came over early, and they started training in British Columbia. They used our arenas in Kamloops. They used Sun Peaks for skiing and other alpine training opportunities. I know they were down in Penticton. They were in Kelowna.
They were all over this province — countries, with their teams, in various sports — well in advance of the Olympics, needing to use municipal recreational facilities — which could all use a little extra in capital dollars to help. Those communities could have actioned Bill 42 to help pay for that, further defraying the actual cost to a British Columbia taxpayer, and the risk to a British Columbia taxpayer, on an event like that.
When you look at Bill 42 and then you start reaching out to people in the hotel industry — that’s what my background is; I grew up working in and operating hotels with my family and had a family-owned and -run hotel — the hoteliers get nervous about taxes like this when they don’t really have much of a say in them being put in place.
Now, my mother was the first female president of the B.C. and Yukon Hotels Association back in the ’80s. It was a true old boys’ club then. I think they even suggested to her that she didn’t need to come to president’s night that night, because it was more a Scotch-and-cigars thing, and she wouldn’t like it. As much as she hated Scotch and cigars, she forced herself to go into that smoky room, because she was the incoming president. Good on her for doing that.
It’s sad that women in office of any type still are facing those types of things in this day and age, still, all these years later, but there are a great many people that have been pushing back for a long time about that. So good on them.
When the hotel and tourism tax first came in, when the MRDT first came in, in the case of Kamloops, my mother was one of the ones that helped lead the charge against it being instituted in Kamloops. We were successful; we pushed back against it. We were one of the few communities in the province that didn’t adopt it right away. That is because the local hotels were not going to have control over the money. It was just going to go back to the municipal government to do as they saw fit. That was the concern.
You fast-forward a few years. The proposal gets reworked, where the board of Tourism Kamloops gets created, where the funding from this tax will then go to Tourism Kamloops, where hoteliers will have the majority of the seats on Tourism Kamloops and with a mandate not to promote any one individual hotel or tourist operation but to promote the whole area as a viable tourism choice for people. Myself, my mother and others openly supported that proposal, and we got it passed when it went to a vote of the hoteliers in the area.
It’s very important with a tax like this that you have buy-in by the hotels, because their concern is around scope. What will actually get paid for out of these funds? How long will they be in place? If you think back to when we had tolls on the Coquihalla Highway, it was this statement of: “We’re going to have tolls until the highway is paid off.” Then it turned into, “Well, maybe the daily maintenance should be counted against it,” even though all the other highways have regular maintenance. It turned into this big, where I live, frustration of: what does completely paid off mean?
Thankfully, Premier Campbell, of the day, just removed them outright and said: “You know what? We’ve collected enough. It’s done.” I’ve long said that something like that, something like this tax…. Just tell me how much money you need to collect from it. Just tell me that with this tax, you need to collect $200 million. When we collect $200 million, it’s removed. Don’t tell me seven years, and then on year 6½ say: “Well, we need the minister to extend it to year 8.” Just tell us how much money you need, and then end it.
If you need to build in some administrative costs, if you need to whatever…. I could care less. It’s $210 million. It’s $190 million. Just give the public a clear dollar figure that you need to collect, in real dollars, to feel that a tax like this has accomplished its goal It’s very easy for everyone to understand. It doesn’t give a future government or minister wiggle room — or mayors or councillors — because this is going to be in place through other municipal election cycles and other provincial election cycles.
I mean, the betting line is there’s going to be a cabinet shuffle in the next two weeks. There’s going to be a new Finance Minister in a couple of weeks, by the sounds of things. It’ll be that new minister that actually decides whether this gets implemented or not, with a new mayor that wasn’t at the table to start these discussions.
That’s the worry with these taxes. That’s what I’m already hearing from people that I still know from within the hotel industry — their concern over who’s going to control the dollars. What safeguards are going to be in place for how they get spent? How long will they be in place for? They were surprised when I said that it could be for seven or eight years. They didn’t anticipate that as an answer. I didn’t anticipate that in the briefing.
If you look at the overlay with the Olympics and what you could do if you structure these dates in an appropriate way, it’s a very significant piece. Now, my understanding is that the Indigenous-led group was aware, in the context of FIFA and potentially the Olympics, of a bill like this, but never a meeting with government, as we’ve heard, to find out how this could actually work for them, how this could work for their bid.
That’s why it’s always a problem when government refuses to meet with any group as they’re trying to pull something together, especially when the outgoing boss, the outgoing Premier, told that same group: “Keep up the good work. We’ve got your back.” Incoming boss? Not so much. The incoming boss won’t even meet with them.
I don’t know why. He’s got lots of free time on his hands. He’s cleared four extra days out of the legislative calendar for a Friday coronation, for a Friday that we don’t even sit in this House.
On Monday, Tuesday, Wednesday and Thursday of that week, we could actually be in committee stage on Bill 42, getting those answers for the hotel industry, getting those answers and finding out for people how this is going to impact them, how this might restrict future projects they might want to do in their area, how they would go about trying to expand it to a larger geographic area than just the boundaries of Vancouver, if that’s what they would like.
It sounds like the minister will not have the ability to unilaterally impose this on a municipality. So it’s going to take a whole lot of relationship-building to get — we’ll use Richmond as an example — Richmond council to agree and get their hoteliers to agree: “Are we comfortable with a tax being charged so that the money can flow to a neighbouring municipality for works being done in that neighbouring municipality?”
It’s going to put a lot of strain on those relationships. Understandably so. It would in Kamloops. I can imagine. We host a lot of international events in Kamloops, world championships in Kamloops. We are Canada’s tournament capital. We’re that for a reason. We’ve had world curling. We’ve had the Hockey Women’s World Championship there. We’ve had a world indoor track meet. The first time out of Europe that it came to North America was in Kamloops. It was track athletes from all over the world.
When I say that it would be interesting trying to get Richmond or Surrey to agree to have this tax levied, with the money flowing back to a different city…. I don’t say that because I’m picking on those cities and think they should. I’m saying it because I know what the conversations would have been like when I was still the mayor of Kamloops and I went and knocked on Vernon and Kelowna’s doors and said: “Hey, we’re having this world championship. We want to charge a tax and have you guys send the money our way. How does that work for you?” Pretty confident I know how those conversations would go.
This bill has the very real potential now to set up tensions and worry within communities that need not necessarily be there.
I get the desire for Vancouver to want to have another way to generate revenue for the FIFA bid. I can totally understand and empathize with the incoming mayor, who now has to clean up the mess of the outgoing NDP mayor for a bid…. Apparently, they may or may not have been a little bit overly zealous.
Here’s a thought. Maybe the province didn’t actually do enough scrutiny on the financial risk of the FIFA bid. He sure didn’t mind pulling the pin, on the same basis, on the Indigenous-led Olympics bid. I get the desire to use this as a revenue source. My understanding is that, in 2010, Whistler did something similar. So there are precedents out there, as far as I’m aware.
It’s not necessarily, again, the concept of Bill 42 that we’re taking issue with. We’re more than happy to see this move to committee stage to try to get these answers for people, to try to be able to keep reaching out to those Indigenous groups, to those mayors, those new mayors and councils, to the hotel industry to find out what their true thoughts on this are.
It’s our job, as opposition, to thoroughly vet and canvass and understand, on behalf of all those same groups, how this bill is going to impact them, how this bill will actually create an environment, positively or negatively, as we head into FIFA. There’s going to be heightened awareness about the World Cup, because the World Cup 2022 is starting very shortly.
The excitement for ’26 in Vancouver, for the four or five games they’re going to have, will understandably build, and that’s a good thing. Do I think that means people will travel to Vancouver four years before FIFA just to get the lay of the land if they happen to maybe come, if their country does qualify? No, I don’t think that’s what it’s going to mean. But we’ll be charging a tax, apparently, for it.
That’s part of the problem. We’re not going to know which teams are playing in Vancouver and what the schedule is and stuff for quite some time. First, we’ve got to get through 2022 and this World Cup. Then all the countries have got to requalify again, and then you’ve got to figure out which pool each country is in. Then we’ve got to figure out which teams we get out of those pools for games. So we’ve got a lot of work to do that way.
It seems like the government will be charging the tax while all of that is getting worked out — from people that have absolutely no reason to be in Vancouver for FIFA. Every business trip down to Vancouver for the next seven years will be subject to this tax. Every family holiday that has absolutely nothing to do with FIFA will be subject to this tax. But not if you take the sea bus across to North Vancouver. The tax won’t apply there. Or not if you decide just to stay out in Richmond, when you fly into the Vancouver Airport, which is actually located in Richmond. The tax won’t apply there. But it could, possibly, maybe.
Again, the concept the opposition understands. The trust in the execution we’re a little leery about, to tell you the truth. We have every confidence in the local governments to figure it out and to figure out how to work best together. But the mayor and council from Vancouver are going to have to come to the minister, explain to the minister what they want to do, hope the minister actually agrees. We haven’t heard from the minister yet — if they choose to say no to a community wanting this if that means the province will offset the missed revenue.
Again, I’ll speak in terms of Kamloops and Bill 42 just because I’m very well versed on how we go out and get bids on tournaments. We have the Scotties coming in March. We have the Memorial Cup coming in May. Neither of those are, technically, international. So those likely would not qualify, by the sounds of it.
What happens, in the Memorial Cup, if an American team wins their way in? Is that now considered international enough? We don’t know. We don’t know, but it’s significant dollars, potentially. In the Kamloops context, it’d be very significant dollars. It’d be a drop in the bucket compared to what Vancouver would generate, just because we don’t have that many rooms compared to Vancouver. But it’s all relative. Our cost structure wouldn’t be as great as a FIFA either.
What is the process going to be for a minister to say no or to say yes? What is the process in this bill? We can’t find it. We can’t find it, other than that the minister has the right to say yes or the minister has the right to say no. There are no criteria.
That’s the problem with a lot of legislation this government keeps bringing forward. It’s all enabling legislation. Then it all gets done by regulation after the fact, behind closed doors. That creates a problem. That’s how errors get made, then. We’ve seen that in bill after bill after bill.
It sounds like there was a fairly significant oversight in a clause in the health bill that’s being debated right now. On the transportation bill, there were a couple of errors. There seems to be error after error with legislation that keeps getting rushed into this place. I say “rushed” only because the government never seems to have bills like Bill 42 ready to go at the beginning of a session when we’re all here on October 3. No, no. We’ve got to wait till we’re in the last three weeks.
Except, in this case, our last three weeks is really the last two weeks, because the incoming Premier cancelled four days in the calendar to have a party instead of having us in this House doing the work on the bills. The sad part is that most of us are going to be down here for committee work throughout that week, on both sides of the House.
It’s interesting that the government members want to make light of the fact that their incoming Premier has cancelled four days of the legislative calendar to avoid accountability of his government in this chamber. Our side doesn’t find that humorous. Our assumption has been that that’s exactly what’s happening, because we can’t get a straight answer out of the government why we can’t spend the extra four days debating Bill 42 instead of cancelling those four days right before the coronation.
I look forward to the government better explaining why they’re cancelling the four days of debate time in this chamber when most of the 87 MLAs will actually be in Victoria that week. I’m not sure what they’re going to be doing with their time. They certainly don’t want to be held accountable in the eye of the public for those four days. They don’t want us to have enough time to properly dive into Bill 42 at the same time as we’re trying to juggle and find out what’s in the health professional colleges bill and the Indigenous child welfare bill and a labour bill and now a judiciary bill and an energy bill.
I certainly hope they enjoy their time at their various receptions they’ll be at that week. They’ll be able to get lots of rest throughout the daytime because they won’t be here debating Bill 42. They won’t be here explaining to us some of the discrepancies we found within Bill 42 in terms of how it’s going to be applied. They won’t be here for those four days, so we will wind up with closure, time allocation.
For the public, what that means is that the government will just pick a day and a time and say: “It doesn’t matter where you are in a certain bill. You’re done debate. You’re done questioning. Move on.” That’s what removing four days of debate out of the calendar by the Premier-designate means.
Bill 42. Again, at committee stage, we’re going to have to, hopefully, get some time for it as we move forward. But it’s also the purview of the government what bill gets put up for committee stage on what day. So this may never come forward again. This could be our only opportunity to speak on Bill 42.
On the importance level, frankly, if we have only enough time, a shortened, truncated amount of time, would it be better to spend that time fully looking at how health colleges for doctors and nurses and other health professionals are going to operate in this province moving forward? Would it be better to fully dive in and try to understand and try to get through, even though we won’t have enough time, a child welfare protection bill for Indigenous communities or a 2½ percent tourism tax?
Yes, this is an important piece of legislation, but I would suggest to you that child welfare probably is a little more critical to people’s day-to-day life than a 2½ percent tax that a tourist would pay — or a business person on business travel or a family just trying to go visit another family. It doesn’t mean we shouldn’t actually be afforded the time to dig into 42 properly.
It doesn’t mean that, as opposition, we should just be silenced by an incoming Premier that doesn’t want to be held accountable. He has removed four days of debate time, four days of question period time, unilaterally, out of the calendar. Heck, he won’t even have been sworn in that week yet. He can just keep avoiding us and the public those four days, anyways, and let us all continue to do our work in here instead.
Deputy Speaker: On Bill 42, please.
P. Milobar: Well, that’s what I’m speaking to, Madam Chair. Thank you for that. Yes.
Interjections.
P. Milobar: The point is that those are four days that we would love to have to spend on Bill 42.
Interjections.
Deputy Speaker: Members. Members, we’re speaking on Bill 42.
I’d just like to quote our parliamentary procedures: “Good temper and moderation are the characteristics of parliamentary language.” If we can keep that in mind. Thank you.
P. Milobar: Thank you, Madam Chair. Certainly, the back bench for government seems to be getting quite agitated about our comments on Bill 42.
Just for their clarification, there will be more of us speaking to the bill because we take our job seriously. The interesting part is that we actually write our own speaking notes on bills. We read the bills. We dive into the bills. We understand the bills. We get updates on the bills. We just don’t kind of regurgitate what gets handed to us. But each party operates their own way.
We will have other speakers on Bill 42, Madam Chair.
Bill 42 could have easily helped — especially with the way it’s structured, as we’re understanding it — defray significant costs associated with the Olympics, the Indigenous-led Olympic bid. The anti-Olympic incoming Premier made sure it was terminated before he got sworn in. It was quite the week. Terminate the Olympic bid and then terminate four days of debate in the chamber, four days for Bill 42.
What I’m hearing from government members on Bill 42 is that we shouldn’t speak to it. We should just rush through it so we can sit down and go into committee stage. Well, debate is an important part of a bill’s progression as well. If these bills had all been brought forward in a timely fashion when we first started sitting on October 3, as opposition, we could move around how we’re going to have speakers to which bills and for how long.
When we’re literally still getting bills introduced as late as today, with a backdrop of four days of debate being removed, it’s a little rich for government members to try to tell us to speed up our conversation on Bill 42 at debate stage in second reading if we want to get to committee stage. It’s not how this place works. It’s not how good public process works.
We will have a few speakers shine lights on parts of Bill 42 on behalf of their constituents, on behalf of their municipalities, on behalf of things that go on in their communities, which may actually be able to use something like a Bill 42 to help defray the cost. We’re going to have an appropriate amount of debate on that as opposition.
The workaround is not to remove four days of debate and then tell the opposition just to hurry things up. That’s quite an attitude of government, I must say — to tell me to stop speaking on Bill 42, to stop highlighting that in Bill 42 there’s a very real concern around a municipality having the ability and the right to petition the Minister of Finance to levy a tax on accommodation stays, with the accommodators not necessarily having any say in it.
It doesn’t mean the accommodators are opposed to it. Vancouver already has a 3 percent tax that goes to fund their tourism operations. They agreed to that. They agreed to that being put in place. It helps fund their destination marketing organization. But the fact that they might have concerns and they want to hear questions and answers on this bill raised in this House…. That should be of no threat to a municipal government. It should be no threat to the government introducing the legislation like Bill 42.
Only the most secretive government in Canada feels threatened by questions being asked about their legislation. Only the most secretive government in Canada seems to think we should just hurry things along, not have debate on bills. In fact, let’s just hack a bunch of days out of our legislative calendar. That’s okay. Just move things along.
I guess our one saving grace is I remember, not too long ago, when the government would repeatedly be out of legislation for us to work on early in the session. Kind of like this session started, yet again. At least they didn’t have the throne speech this time to fall back on, like we used to do — 13 weeks into a session having to go back to a throne speech.
It appears that Bill 42, which would have been getting discussed and drafted by the Minister of Finance — and the rest of cabinet, one would assume, at some point, agrees the legislation moves forward — would have been happening simultaneously with an Indigenous-led Olympics bid that that same minister and cabinet flat-out rejected without talking to the Indigenous group whatsoever. In fact, flat-out refusing to meet with them, turning down repeated requests for meetings. Good, open, transparent government there, I’ll tell you.
[J. Tegart in the chair.]
As we move through committee stage on the bill…. It’s not a very thick bill. Like I say, it’s only six pages. The premise is fairly straightforward. The implementation is going to have to be very nuanced. The implication for other communities could be quite significant.
Surrey has a massive international softball tournament, I believe, every year. Does that qualify as an international event? They may want the 2½ percent for that, not for FIFA, and understandably. How are they going to get told yes or no? There are all sorts of international events like that. Now, they’re not going to be on the scale of a FIFA, but frankly, other than the Super Bowl, I’m not really aware of anything in the world that’s on that scale for marketing and awareness. Even the Olympics isn’t at the same level as the FIFA World Cup.
Where is the lens within Bill 42 that not just this minister but whoever the new Finance Minister will be, will be using? Because that’s the key with the legislation, especially when it’s legislation like Bill 42 that’s left to the discretion of a minister moving forward.
We’ll hear from this Finance Minister on how she feels she would deal with this legislation with requests coming forward. But she’s not going to be the Finance Minister forever. I’m not even saying that to be disrespectful. I don’t know if it’ll be in the cabinet shuffle with the incoming Premier, or if it will be after the next election or if it will be five years from now, but at some point, she won’t be the next Finance Minister. That’s how this place works. What safeguards are in this for municipalities to know how successive Finance Ministers are going to adjudicate these types of requests that will come forward? Because there are going to be a lot of them.
If it’s simply that the litmus test is it’s got to be on the scale of a FIFA, then let’s just call this the FIFA Bill 42 and call it a day, because we’re never getting the Super Bowl in British Columbia. That’s it. They’ve already said no to the Olympics. If that’s the threshold, then we need to find out that that’s actually what this is, and then we need to actually make sure the rest of the province understands that this bill is strictly for FIFA. It’s strictly for Vancouver, and it’s strictly for FIFA.
If that’s the case, then there are a whole lot of clauses in here that aren’t really needed, or at least we wouldn’t need to be talking about geographic areas. Just say “Vancouver” and “FIFA 2026,” because I do think Surrey will want to know if they qualify for works that they would want to do in and around Softball City. That international softball event brings huge dollars and a huge amount of people into Surrey every single year. As I said, I’ve heard from a community that is wondering if their international wine festival would qualify. I think that’s a valid question.
Now, I’m from Canada’s tournament capital. We would pride ourselves…. We had massive chess events. We held them in our big, indoor sport court area. It’s still a tournament. There’s still a lot of skill involved. A lot of people come for it. A lot of coverage for it. So communities across this province have things that are international in nature and internationally significant to their towns and their cities, just not on the scale of a FIFA.
In Kamloops, we actually had an international friendly. It was the women’s national team against Mexico. In fact, we had it in place, and it was well underway, and then FIFA found out about it, so there was a little bit of a backstory there. When they got involved, there was a whole lot more expense involved to hosting a soccer match than we would have ever incurred. We did it. It went off great. It was a great evening. A great game.
Would that qualify? Would we have been able to go after some of these funds for a year or two to help offset the extra bleacher costs, the extra security costs — all of those types of things that go into an event like that. It was literally a FIFA event. FIFA, I learned from that event, has very strict standards, no matter where you are in the world.
Would it be, say, safe to be said that maybe our soccer fans are not as passionate as they are in other parts of the world? Absolutely. Did we still have to have, literally, armed guards escort referees on and off the field? Yes, we did, because that’s a FIFA requirement, no matter where you are in the world. At least, it was back then. I have no doubt that Vancouver is going to experience significant cost pressures, if we found cost pressures for an international friendly match between two teams, one actually being the Canadian team.
Again, we don’t take issue with the fact that this is a bill that has been created to try to help Vancouver offset some of their costs with FIFA, but we represent a lot of other communities on this side of the House. There’s no clear language in this on what this minister intends to do with all those other requests that will undoubtedly come forward. That’s why the hotel industry is wondering how this is going to be implemented coming forward, because not all industry gets along with their local electeds all the time.
I talked about how the Finance Minister will change out at some point. So will mayors. So will councillors. So will administrators. So will organizing committees of an event. Intention is one thing, but the written words within Bill 42 are critical to getting that understanding on the record.
We can all go back to Hansard and look and see, to figure out what the true intent is, layered over top of the clauses and the sections in this bill, so that when those ministers change, the new ministers have some guideposts to help them in their decision-making and that municipalities have some guideposts to know what they should or shouldn’t be asking for and whether or not it’s a reasonable rejection by a minister. That is really Bill 42 in a nutshell.
I know that, as much as the government members in the House would love for me to go on, I would love to make sure we free up some time so that we could hear from some of their members. I wouldn’t want to be accused of running a clock to a point that they felt that they were having their chance to speak on behalf of constituents squelched.
That’s how this place operates well: when there’s enough time in the legislative calendar to properly talk about Bill 42 in second reading, to hear different perspectives and different points of view, to make people think: “Oh, I hadn’t thought of that.” Just imagine how much more of that we could do and how much more detail we could get into if we didn’t have four days ripped out of the legislative calendar by the incoming Premier. But we do. That’s sad, but we do.
I think I’ve made my point on Bill 42. Although we, at this point, support it — we support the concept of Bill 42 — what we’re really supporting is getting it to committee stage. What we really support is actually having a long enough committee stage that we can properly vet it and properly deal with it. Hopefully, that doesn’t come at the expense of trying to dig into legislation like child protection laws and health laws that are also needing to be debated. Hopefully, the incoming Premier’s ripping four days out of the legislative calendar hasn’t created that situation.
Sadly, based on the history of how many times time allocation has been brought in and how many times bills have been introduced, very late in the session, under this government, I fear that’s what we’re going to be seeing with Bill 42. There’s nothing in this bill that is so complex that it couldn’t have been introduced on October 3, when we first sat down — nothing. In fact, it might have helped the incoming Premier’s door-knocking on behalf of the former mayor. I guess we’ll never know. Maybe the election outcome might have been different. Probably not, given the spread of the margin, but you never know.
We could have had this bill in front of us on October 3. We could have had all those other bills in front of us in that first week of October that we were here. Then, maybe, ripping the four days out of the legislative calendar by this point in the procession of bills might not have been such a problem, but it has created a big problem for us in Bill 42.
There are five days after today left in this chamber. Five days left. We need at least a day for Bill 42. There could be nine days left. Instead, there are five. We could have twice as much time left to work on these critical bills like Bill 42, but we don’t.
I guess the government doesn’t want to be held accountable. I guess the government doesn’t want transparency. I guess the government doesn’t want proper allotments of time so that bills can be thoroughly scrutinized. I guess that all lines up on brand when you get voted the most secretive government in Canada. I guess the government doesn’t want us to really dig into Bill 42 and how this would have impacted an Olympic bid or not, given their incoming Premier is so clearly anti-Olympics.
Be interesting to find out if they believe that FIFA would create a police state in Vancouver, as the incoming Premier seems to feel the Olympics creates. FIFA is going to have pretty high security standards for something like a World Cup. They had them for an international friendly in Kamloops, so they’re going to have pretty high security standards for a World Cup event — times four or five games, times all the training days before the game happens with the teams and travelling dignitaries that come and all of that, especially depending which countries we get in the draw.
Let’s face it, there are going to be a few countries that are a little more contentious that are going to be in the World Cup than others. We don’t know who those are yet. I can sympathize to a certain degree with Vancouver trying to figure out how they’re going to pay for all these unknowns. And I can sympathize and understand why they would want a vehicle like this. I don’t know that the hotels in Vancouver understood that it was going to have the ability to be seven years, but possibly ten — in place for that length of time.
What precedent does that set for future games and bids? Is it: you shalt agree to this or we will not help you out as a province, or not? We need to hear from the minister what the intention is. Is it going to be, moving forward, that if you, as a municipality, don’t agree to this tax coming in, the province doesn’t have your $100,000 extra you need or your $1 million extra you need over and above this. We’ll find out in committee stage, hopefully, but only if the incoming Premier doesn’t bring in time allocation.
I mean, if the incoming Premier wanted to avoid Bill 42 on those four days, all he had to do was extend the session by a week or two. He really just wanted to have a nice free week for a party. If he wanted to actually have proper scrutiny on Bill 42, it’s not too late. They haven’t officially removed those four days out of the calendar. All they’ve done is issue a two-sentence press release saying the Premier’s getting sworn in on a Friday. Fridays we don’t sit in this House anyways. And: “Oh, by the way. Monday, Tuesday, Wednesday, Thursday that week are now cancelled.”
They’ve only issued a press release. They haven’t actually procedurally removed those four days, so they could very easily just not remove those four days out of the calendar. Then we’d have time when we get back from the Remembrance Day week to canvass Bill 42 and find out about all those impacts I’ve referenced and talked about. And to find out from those various stakeholders — now that they’ve been able to see the bill in print and now that they have a slight better understanding of timelines and how it will work and who it would actually apply to or not — what they actually think about it.
Will this even generate the type of money that Vancouver was expecting, or was Vancouver expecting it would be more of a regional-type tax? I think that’s an important question to get answered from Vancouver. This could fit 100 percent of what Vancouver is looking for, or it could be that no, actually, they were hoping for a regional tax.
But then, what does that mean for Surrey and their Softball City and their international events? Does that mean they’re shut out if they don’t — pardon the pun — play ball?
Our Indigenous bid for the Olympics. Again, had this cut off right at the end of FIFA, in 2026, we’d have another four years to collect just Vancouver alone. That’s $120 million. Add in Kamloops, Sun Peaks, Whistler, Richmond, training cities, and just in that four-or five-year window, you could have easily been close to a half-billion dollars. So those questions and more, we’re going to canvass. Those questions and more, we’re going to hopefully canvass with what our regular legislative calendar will be, because the government will come to their senses and stop talking about removing four days of debate.
All it takes is, if the incoming Premier just happens to be watching the chamber…. All I’d say to him is: “Cancel your plans to remove four legislative days out of our calendar so we can actually deal with Bill 42 in a proper manner.”
A supposed man of action that’s supposed to take no prisoners sure doesn’t want to be accountable, it seems. He talked a very good game about our leader during leadership, but he seems to be ducking and dodging and weaving pretty good right now.
I look forward to others’ comments. I welcome the government from, I don’t know, going off script and just telling us what they actually think about a piece of legislation. But I know we’ll hear from some of our members, hear their thoughts, hear their concerns for their neighbourhood, hear how this bill may or may not impact their community positively or negatively. I thank you for the time on Bill 42.
T. Halford: I’m grateful to take my place and speak to this bill, Bill 42, PST Amendment Act. I want to echo a lot of the remarks made by my colleague. It’s important work that we do in this Legislature. I think that if you look at the legislation that’s been put forward in this session…. Just down the hall, we have a Ministry of Health bill with 650 sections to it.
Although this bill here, I think, is not nearly as weighty as the one I just referenced, it’s still important. We have an MCFD. bill that has not yet reached committee. We have other legislation that’s been tabled that still has not reached that stage.
On Bill 42, I looked at it from my riding’s perspective. I understand that we are all excited for the fact that we have a World Cup coming to our nation, which will be shared with other nations. I think, for the first time, I’m really starting to pay attention to this year’s World Cup — that will be starting, I think, on November 18 — for a few added reasons. One is that my son, who is here today, is an avid soccer player.
Actually, our neighbour at our house is the Canadian men’s national coach, John Herdman. He lives a few doors down from me. We’re excited to cheer on Team Canada as they go forward here in the coming weeks.
But I think this legislation here, this PST Amendment Act that we’re speaking on, on second reading…. It’s obviously a very interesting piece of legislation, one that’s been introduced to this House at a time when discussion about international sporting events has been, obviously, very topical. We’ve canvassed in this House the bid for the Indigenous-led Olympics. I think the frustration that we have seen from Indigenous leaders on the lack of collaboration, consultation done by this government in their rejection or lack of support for that bid…. I think it’s a valuable lesson to this government and future governments on the importance of collaboration with Indigenous leaders and partners in this province.
I am proud that we have, in my riding, Softball City. I’m sure many members have spent time at Softball City. I know that this past summer, we were gathered…. I think the member for Surrey-Panorama joined me when we were throwing out the first pitch for, I think it was, Canada versus U.S. But that is a massive, massive event, and in Surrey, in my riding, we do not have the luxury of a lot of hotel space. In fact, in my riding, I think, possibly just two hotels.
Every time this event comes, every year — it was on hiatus during the pandemic — we have teams from all across the world that are staying in various hotels throughout the Lower Mainland, at various costs, and a lot of them are billeted. But I wonder what this piece of legislation is….
How could an event like the Canada Cup fit in? Is there room for them at the table, to fit in? I think a lot of municipalities would have that question. At its most basic, Bill 42 allows for the municipalities to request and be granted the ability to collect a new 2.5 percent tax on designated major event accommodation areas in the case of international tourism events. So what qualifies?
In Surrey, we have a number of events that…. Whether it’s, like I mentioned, the Canada Cup…. We have cricket events. We have junior hockey events. I know that Langley, with the Events Centre, also hosts a lot of events. I’m not just talking about the downtown core here, but…. I know that both my colleagues from Kamloops are proud of the fact that Kamloops is the tournament capital of Canada. He asked some very valid questions that I think will be important to him, as the critic for Finance, to canvass in that committee. We all have an opportunity here to speak, should we wish to, on the legislation that is tabled in this House. That’s part of how this place is structured.
I know that my constituents expect me to take that opportunity when I can, whether it’s on this bill, Bill 42, the PST Amendment Act; whether it’s on an MCFD bill; whether it’s on the health bill that I mentioned is going through committee down the hall. We have that opportunity, but it’s also somewhat of an important obligation. Second reading allows us to speak for a set amount of time, and that’s important. I would think that at some point, besides the Minister of Finance, the government will have speakers that will speak, obviously, in favour of this bill.
Given the recent decisions by this government, by this incoming Premier, probably knowing the specifics about Bill 42, the specifics about the MCFD bill, the specifics about the legislation that was tabled today…. But let’s just focus on Bill 42 for a second, because that’s where we are, and that’s second reading right now. Is there certainty that this is going to be able to be fully canvassed? I think that that certainty has been shaken, because, as my colleague said and I will say again, that incoming Premier has chosen to tear out one week of this sitting. It’s four days of legislative time.
Now, I know myself and my colleagues will be here. I understand that a number of government colleagues will be here. But we will not be doing the work that was set out in our parliamentary calendar — work on Bill 42, perhaps — where my colleague would’ve had the opportunity to canvass this extensively in committee. We’ve had instances in this House, under this administration, where we brought in time allocation on important legislation. We had a member of this House in mid sentence have his microphone cut off due to time allocation. I think that member’s constituents would have a problem with that.
I think it’s still fairly new to this building. But there are processes for legislation, whether it’s through LRC, where you know what’s coming…. You would think that you would want adequate time in the calendar to defend the legislation that you put forward.
In Bill 42, I think my colleagues, others on this side of the House and the Third Party should be afforded that as well. We have seen in this fall session where there have been errors in legislation that’s been tabled that had to be rectified. That happens. That does happen. It’s nobody’s…. I don’t think it’s intended, but errors do happen. But when you have the proper runway that you should be afforded, that’s how this place works.
I know this bill was designed specifically to fund the FIFA 2026 games, which will be partly hosted in Vancouver. But there are key things and key elements of this bill that need to be discussed. It will allow for government to approve this type of tax for international tourism events at the discretion of the minister. What constitutes an event? I mention Canada Cup. That would be something that I would think should be canvassed and considered. Maybe it is being considered. Maybe it’s not. But those types of discussions need to happen.
I think that overall, the concept of tourists funding infrastructure — you think about infrastructure that’s designed to accommodate events that they are attending — has some merit. It could be a good way to recover some of the costs that we see with these large events. Like I said, I’m not going to profess to be a soccer — or, I guess, football — fan, as much as others in this House may be, but I think it’s very clear that the World Cup is one of the biggest events, if not the biggest event. It may have overtaken the Olympics. But that doesn’t mean there won’t be questions about what this bill will look like when it’s put into practice.
This government hasn’t earned that kind of trust, at least definitely not from opposition — that’s not our job to do — but also our constituents. I do get emails from constituents on legislation. People do watch this program. They will write in, and they will ask, and they follow it closely. I think other jurisdictions follow this closely. I think other jurisdictions and those that are watching probably view it very cynically if the process is not allowed to be followed through.
I’m not demeaning this piece of legislation, because I think that this is important. When we look at the costs that are associated with some of these events, specifically with security, they can be enormous. But consultation is also very important, consultation with municipalities. We’ve had major shifts throughout the province municipally, at the mayor level, at the council level. I think people on both sides of this House are probably taking the opportunity to get familiar with some of the new mayors and councillors. Then, obviously, there may be changes with staff as well.
They would expect that those conversations happen. They would expect that a bill like this would be vetted through a committee stage. That’s vitally important. They would probably be asking, I would think, if they haven’t been told, and I doubt they would be: what does the approval process for municipalities look like? What does that mean?
When you look at Surrey — and like I said, we have Softball City in my riding and Canada Cup: what is that approval process? How is it structured? How do we make sure that we have somewhat of a level playing field for communities, whether it’s Vancouver, whether it’s Surrey, whether it’s Kamloops, whether it’s Prince George?
If you look at what’s going on in Prince George for the last number of years, it seems like every time you turn on the TV, Prince George is hosting something major, whether it’s a hockey tournament, whether it’s curling, whether it’s B.C. Games. Prince George often seems to be…. I’m sure it has nothing to do with the work of my colleague the member for Prince George–Valemount. Prince George has always got something going on that is driving mass amounts of tourism due to sports.
So how is that a level playing field, when you look at Vancouver, at Surrey, at Prince George, at Kamloops, given the fact that this bill, the way that we read it — obviously, we can get some clarity in committee — limits the designation of a taxable area to one municipality or regional district per respective tourism event?
Now, I would think that once we get to committee on this, if I or my colleague asked this, that would be clarified. We could go to the municipality and actually work with them on that clarification.
Another important part is that the discussion for this bill comes down to other events that could prompt municipalities to utilize this legislation. What events are those, and at what stage do they need to be? Obviously, we talk about a world cup. A world cup is…. It’s the world cup. Everybody knows the world cup; everybody understands that.
Could this be the same thing, if we were fortunate enough to host the women’s world cup? Actually, one of the best sporting events I’ve ever been to is watching the Canadian women’s team play. I know the men’s team is exceeding expectations, but the women’s team has been doing that for over a decade now, and I think we should all be proud of that work.
Would the women’s team qualify for this, if we were fortunate enough to host a world cup? That would be a question that we would canvass in committee. I don’t think any of us know the answer to that right now, except for maybe the Minister of Finance. If the answer is no, then maybe there’s an opportunity for us to rework that and make sure that that’s something that we can collaborate on.
One of the most successful events that B.C. Place has had, consistently, is women’s soccer. I think the women’s national team is always ranked in the top four in the world. That’s something, I would say, that we are very proud of.
How does this work? What event qualifies? What event does…? Is it at the discretion of the minister? It can be a bit challenging. I think some of the frustration that we’re seeing is…. Again, it’s an opportunity to canvass this. It appears that this government is very reactionary, but it can often pick winners and losers. It was late, very late — no pun intended — to the game on the World Cup. It’s going to be an opportunity for B.C. to showcase….
To my previous remarks…. When you look at the reaction that we’ve had over the last week from Indigenous leaders — who, they have said, have had the carpet pulled out from under them by this government saying no to any support for an Indigenous-led Olympic Games — I think that builds some cynicism. I think that hurts the credibility of a government that is obviously struggling in that area. They’ve said that it is dead. My colleague mentioned it.
Was this legislation discussed by the government with those nations that were leading an Indigenous-led Olympic Games? We are told that…. Obviously, one of the speaking points that the minister came out with is the cost that is associated with an Olympic Games. That was the speaking point that was used when this government first rejected the World Cup.
When you look at the justification of cost — things like this — was this piece of legislation discussed, in helping recoup costs? That is a perfect conversation to have at committee stage. I think that’s an important conversation to have. There is an expectation that we have that conversation, but when you look at what this government has put forward in the last couple of days, you have to wonder.
When you look at Bill 42 and the other bills and the timing, there’s either incompetence or intent. It’s either incompetence in how you introduce legislation, or you can’t manage a calendar properly to make sure that it is vetted through the proper stages that it needs to go through — such as Bill 42, such as the MCFD bill that was tabled, such as the 645-section bill that is currently being debated down the hall, such as the Labour bill that was introduced, such as the other bill that we saw from the Attorney General, such as the energy bill.
I’m not being cynical, but there is a question to be asked: is it intentional to have to come in here and shut down debate on something like Bill 42 or on the Labour bill? I’m not dismissing any of the importance of this legislation, but is it the intent to bring in closure, bring in time allocation and just say: “Trust us. It’s going to work out okay”?
Well, we’ve seen how that doesn’t happen. We’ve seen errors in legislation that has been presented this fall at this sitting. That’s what happens when items are rushed. Is that the intent, or is it incompetence — incompetence to manage a legislative calendar?
To ask the question at committee stage: what municipalities? How do they apply? What is the definition of an event? What is the discretion of a minister? There is a possibility that those questions will not be asked, because either this government cannot manage a parliamentary calendar properly, or their intent is to completely disregard it.
I think that that conversation, if you have it with your constituents, is a bit offensive, and it’s wrong. If these ministers do not want to stand here and defend the legislation that they stand up and introduce, just say it. Go on the record and say it. We’re all here next week; I know we are, and I know the majority of government is. Bill 42 should be a topic. That will not happen.
This government, the week after next, has torn out four days of the parliamentary calendar. When you want to ask the important questions about how municipalities work, how one would apply, the consultation that was done with municipalities, the consultation that was done with Indigenous leaders…. It wasn’t done in terms of the Indigenous-led Olympics. It can’t happen. I think that’s a disservice.
When we look at the passionate speeches that came from the Indigenous leaders on the bill presented by the Minister of Children and Families, I would hope that this government would ensure that that bill gets the proper respect that it deserves and goes through the proper legislative process — just like Bill 42 should, just like the labour bill should, just like the energy bill should, just like the Attorney General’s bill should.
I get this government wanting to duck four question periods, given recent performances and upcoming potential cabinet shuffles. I don’t blame that. But the fact is that this building is not solely based on question period. We do other work here, whether it’s second reading or whether it’s committee.
I would hope that members are asking tough questions of their leadership in this government, because their constituents should be asking questions of them to say: “What are you doing? What are you running from here? Defend it.” I think that’s a reasonable expectation. For the life of me, I have not seen one argument that makes sense from this government on why they cannot fulfil that.
Like I said, when it comes to Bill 42, there are important questions that need to be asked, but the main question that I’ll end this with is: is it intent, or is it incompetence? One of those two things.
With that, I’ll take my seat.
L. Doerkson: Well, thank you for that big applause. I appreciate being here.
I am obviously pleased to offer some remarks on Bill 42. I do want to sort of pick up where the previous member left off. I have some concerns as well with respect to some of the recent events here, of course, with the cancellation of a week of our legislative session, which obviously…. I’ll certainly point out the questions that I have about Bill 42.
I think many of us want to see all of these bills go through committee, through the proper channels and through the proper scrutiny that they deserve. With all due respect, it’s for the betterment of the legislation. It’s an opportunity for us not only to debate but actually scrutinize Bill 42 and other bills that the member from Surrey mentioned that are extremely serious.
We have a potential labour bill before us. We have things to talk about with respect to WorkSafeBC. We have things to talk about with respect to our health care system. We have a number of bills that are before us right now. Bill 42 is extremely serious, and I definitely will get to those comments right away.
If you’ll allow me a little bit of leniency, I do want to say that I was touched earlier by the memorial service — I think that’s something that we share — for Constable Yang. I know that many of us watched it in our caucus room. I’m sure the government did as well. I want to extend my condolences to her family and to her friends. It was an incredibly sad moment and, certainly, sad images. I guess I’ll just leave that there. I’m glad to have been able to watch that today and participate.
With respect to Bill 42, of course, we know — we’ve talked about it a little bit today — that this is an opportunity for a 2½ percent increase in taxes. Obviously, the focus will be on international events. What I want to discuss today is how to bring that back to rural British Columbia and talk about some of the events that could be affected in a positive way by this legislation.
Now, I don’t want to confuse the House. I don’t want to suggest that I am for or against. As I said before, I want to go through committee stage, and I want to have an opportunity to fully scrutinize the bill and to understand the benefits and the impacts that it could have not just in the bigger cities but certainly rural British Columbia and with events throughout the province.
Some of the concerns I have, really, are around boundaries. I’ll get to that in a moment — how that will actually play out as far as neighbouring cities. How will they be affected by it? Will that end up being a competitive edge that, potentially, neighbouring cities might have? And other questions around that.
Ultimately, this bill, this legislation, has an opportunity to raise an unbelievable amount of money, really, for British Columbians and for events. I think that really needs to be discussed at length, because it has the potential to be an absolutely massive amount of money that will be coming from tourists visiting our province or, certainly, people that are partaking in those events.
I can see the benefit of that. I can see the benefit that people that want to enjoy things like FIFA or other events certainly should have a hand in helping us to fund some of that — either added infrastructure or, certainly, added costs, whether that’s policing or whether it’s other different things.
Ultimately, of course, Bill 42…. The opportunity to collect this 2.5 percent, obviously, has come by way of the FIFA 2026 games. I don’t think that’s any surprise to me. I do want to suggest that it’s a little surprising after the announcement last week of, I guess, the lack of support from the B.C. government with respect to Indigenous-led Olympic Games. I’m just shocked that this would be announced after that announcement.
I guess why I’m surprised at that…. I want to talk a little bit about this. First off, I guess we won’t know unless we’re able to get to committee stage, and I certainly hope that that’s the case. I want to know how much consultation happened with this bill and, of course, Indigenous people, Indigenous groups. I think we’re owed an answer to that.
I think Bill 42, while it obviously would be beneficial to FIFA…. I can’t imagine that it might not have helped to be beneficial to those games. I don’t know if those First Nations knew that this legislation was coming. Certainly, we didn’t know. I’m not sure if this is sort of a best-kept secret, something that was introduced late in the House. The loss of a week to properly debate it, the loss of a week of legislative calendar to actually scrutinize Bill 42 — all of those things are a little bit suspect.
I think that we’re owed those answers, and I think that we should have the opportunity to properly ask questions about this bill.
Going back to the First Nations, with respect to any of the bills before this House, we have an obligation, we’ve agreed — absolutely agreed together — that we would seek proper consultation on every bill that comes before this House. Bill 42 should of course be no exception. I think it’s important to note that the event for which the First Nations lost the support of the government last week would have probably fit Bill 42 extremely well. The actual legislation itself would have helped to make that event happen.
I can’t help but ask, if that’s the case and if these three First Nations had known that this bill was coming before the House, would it have been beneficial for them to know that information? Could this bill have had the ability to actually have those games? I hope that the government is thinking about this, and I hope that they’re considering that. I can’t imagine that the attendance, from the world over, wouldn’t be massive for these Indigenous-led Olympic Games. I can’t help but think that this would have been extremely beneficial.
Then just in general terms, I want to talk a little bit about First Nations with respect to any of the bills in this House. I just can’t help but think that that announcement was a big step backward for reconciliation in this province. I know how extremely hard my community is trying. I mean, we just saw an entire local municipal government replaced, in the name of bettering relations with First Nations in our community. Certainly, that was part of the reason.
I think that we have strived…. We have tried extremely hard to improve those relations, to grow those relationships with many First Nations in my riding. I really felt like that announcement was a step backward. I think that it has hurt the efforts of reconciliation in this province, and I’m extremely concerned about that. What concerns me most is that with Bill 42 and the massive amount of potential income that it could have created, we may have been able to hold those games. I think that that really has to be considered in many, many ways.
Again, I can’t stress this enough — the member for Surrey–White Rock has mentioned it; I’m sure the member for Kamloops–North Thompson likely mentioned it too: we need that time to properly scrutinize this bill, and others. In my mind, it is a bad mistake to bring any legislation to the people of British Columbia that hasn’t gone through that scrutiny. Bill 42 is no different. It has to be scrutinized. It has to be understood fully so that we can understand what the impact is going to be on all British Columbians. This bill certainly has the ability to do exactly that, to have a very large impact.
I want to talk a little bit about section 1 of Bill 42, and how it defines….
Interjection.
L. Doerkson: I’m sorry, Madam Speaker. Does the minister want the floor? It’s all good? Okay.
Section 1 defines a major event area. The problem is that because we haven’t had the opportunity to go through committee, I’m not really sure what that means and how that will be defined. Certainly, the idea of FIFA would be that this would be very supportive of Vancouver, but I want to know how international events in my community might be supported by something like this.
I know that might seem strange to say “international events” when I come from a community of 12,000 people, but 15,000 to 20,000 people go through the front gates, every single year, at the Williams Lake Stampede. Without question, as somebody who has spent countless hours in the Williams Lake Stampede arena and volunteering for that rodeo, I can tell you, with absolute, clear certainty, that it is an international event that is attended by people from all over the world, and they absolutely love it.
I also want to say that a community like mine in Williams Lake, where we use that infrastructure year-round, the proceeds from something like Bill 42 or like this major accommodation tax could be incredibly beneficial. I mean, we’re talking about a stampede grounds that really is in the centre of our community, that needs constant upgrades, and every time we have an event that is larger than the year before, we need more infrastructure.
We need more everything, and not just infrastructure, but for events like that…. I’m sure that my community is not unique in any way, other than it’s one of the more beautiful in the province. I think that all of these events not only need infrastructure, but they often need extra policing, extra things like that — extra health care, extra ambulances — for all of these events. And I don’t see in Bill 42 where any of that is contemplated.
Again, and I can’t stress this enough, this is exactly, precisely why we need to have the opportunity to discuss this in committee stage so that we can understand what defines a major event. Of course, we’ve already mentioned that it will be the benefit of 2½ percent, which is obviously a large amount of money.
I do want to talk a little bit about not necessarily events…. I want to talk about seasonal opportunities, too, that may be able to take advantage of something like Bill 42 and the legislation that it will bring. That is facilities like Barkerville, which are obviously seasonal, but they attract an unbelievable amount of people to rural British Columbia and into the central Interior, and of course, that is to the benefit of all of us.
All of us feel that excitement in the summer. Certainly, throughout the Kootenays and the Okanagan, we all have a tourism season. But facilities like Barkerville…. If you haven’t been there, it’s absolutely amazing, but their infrastructure cost is outstanding. I mean, it is a lot of repairs there — I think the member’s agreeing with me across the aisle here — but it is an incredible place. They could certainly benefit from something like this, and again, it’s why we need to discuss this fully.
I mean, certainly, in the rodeo world, and that’s what I’ll talk about — I am passionate about it, and I know you are, too, Madam Speaker — events like Falkland and, certainly, the IPE in Armstrong, are all world-renowned events, and I think that there is potential for them to benefit from this. I think that it’s important that we consider, at least, how this might play out through rural British Columbia. I know the focus for Bill 42, the PST Amendment Act, is basically around FIFA, and I know that that’s kind of the catalyst for this, but I just can’t help but think that it could be so much more.
Going back to the Williams Lake Stampede, and certainly, referring to that word of “reconciliation” again…. You know, the stampede grounds in Williams Lake, and I’m sure it is similar to so many other facilities in this province…. I can’t help but think that that brings our entire community together. So there is a real reason for us to invest in that infrastructure and to support them. The fact is the cities benefit from this too. I know very often that people will start at the Williams Lake Stampede, and they will go from there.
I know that, also, sometimes they obviously end at the Williams Lake Stampede, and I’ve heard how they’ve toured British Columbia and how they’ve had an incredible opportunity to see what we’re extremely spoiled to have, which is beautiful B.C., of course. So I think it’s important to note how this infrastructure has also created reconciliation in our community.
[S. Chandra Herbert in the chair.]
Again, I can’t help but note that just recently we were talking about infrastructure in my community and how it might benefit from the legislation that’s before us today with respect to Bill 42.
I was noting that we’ve just recently used the Williams Lake Stampede Grounds for a day of reconciliation on Truth and Reconciliation Day, of course, on September 30. A lot of that infrastructure is getting pretty old. I guess what I was just trying to explain to the House is that while we’re certainly considering this around FIFA, what kind of a role it could play throughout the rest of the province and how beneficial it could be to so many else….
I guess the other thing, too, that I wanted to ask in committee, certainly if we do get to that point, of course, on this bill…. I wanted to see how it will play out across other ministries. Certainly, Jobs and Economic Recovery should have a role in helping with this. I mean, we talk about the idea that these international tourism events will be approved at the discretion of the minister, in Bill 42. I can appreciate that. But I think it’s important to know how that decision will be arrived at and who will be involved in helping to make that decision.
We’ve talked often — certainly, one of the colleagues here and I — about rural development, and that is now a part of regional development. I think that individual might agree that there’s a potential here in Bill 42, if brought properly forward…. It could have a very serious impact in a good way, potentially. I guess what I’m saying is I don’t want to see rural B.C. left out if there is a beneficial argument to carrying this forward into the rest of the province, and I think there is.
I think Jobs and Economic Recovery, of course…. That minister should have some opportunity to comment on these events that may or may not be approved by the minister. I also think, of course, of the Tourism Minister. The past Tourism Minister has been supportive of the Williams Lake Stampede and its moment of need during COVID. I’ve thanked that individual for her support. But I think it’s important that the Tourism Minister be involved in those decisions, because it can’t rest solely on the Minister of Finance, for instance. I think that has to be a decision that has to be made.
Frankly, I think local MLAs should have an opportunity to plead their case. It’s not just the Williams Lake Stampede, as I was mentioning before, that are international events. When I lived in Prince George, the Scott Tournament of Hearts…. We had the good fortune of having the Scott Tournament of Hearts there. Now, while it’s obviously a national event — a very fun one, by the way — it was an incredible international draw to a beautiful city like Prince George, and of course, people were really able to enjoy that.
There was an unbelievable need for not only infrastructure but extra policing, as I’ve mentioned before. There’s obviously a potential to need extra medical care. I hope that’s not the case, but often it happens, of course. I just can’t help but think that these are questions we all really wanted to discuss and have a conversation about at the committee stage.
I want to touch a little bit on neighbouring communities too. Earlier while I was speaking, I was talking about the support for a city like Vancouver. My concern is: what about the other communities around it that likely will take up some of the effort that will be needed to host events as big as FIFA and things like that?
While I can understand and appreciate that Vancouver would be certainly the focal point, there are many communities, obviously, around it. Certainly, this could happen in other places where communities are bordering each other quite closely — certainly places in the Okanagan that I can think of. How will this bill support those communities that will also see increases in expense?
I think that it’s very important to understand how Bill 42 will support something like Vernon, but may be able to support smaller communities like Enderby that may also feel the pressure of those events.
From my experience with the Williams Lake Stampede, I know that when our community is busy and at its capacity, very many communities around us, even an hour away in 100 Mile, are feeling the pressure of hosting that event. It’s really hosted by the entire Cariboo-Chilcotin, and it is a challenge for all of us, right? I think that that really needs to be noted in this bill. It needs to be appreciated that those communities that surround and are close to Vancouver certainly will need help. I think that that needs to be considered.
I also think that with respect to those communities, it may have an unintended consequence of making them, under Bill 42 and with respect to the taxation…. It may have a small competitive advantage. You know, if you’re paying 2½ percent…. I know that we’re not talking about a massive amount of money, but it could have an unintended consequence of having a benefit for Richmond or Surrey or wherever. I think that that also needs to be considered as well.
I want to touch one more time on reconciliation before I take my seat. I just think that we had, as a Legislature, a really good opportunity to extend reconciliation under the decision that was made last week. I’m not here to debate whether it was right or wrong. I think that those First Nations needed support, and I think they needed support from this Legislature.
I spoke earlier, when you were not in the chair, and I just want to touch on it again, that I can’t help but think that if this bill had been produced or presented a week or two earlier, it may have had an effect on that decision. Only because…. As I’ve said, we might be talking about a small percentage on one or two hotel rooms for you and I, but when we spread that out over the Lower Mainland, we are talking about a very large amount of income. I can’t help but think that it would have changed the outcome of that decision if those numbers were factored in.
Now, I don’t know that they weren’t. I don’t know that they weren’t factored in. What I do know is that we need a committee stage on this bill to discuss exactly that. I do worry that there was a very significant opportunity for reconciliation there and that we may have missed that. I’m sad for that.
I just want to take the opportunity, in closing, to give a quick shout-out and a thank-you to the tourism folks in my community, because they do an amazing job. They market, in an amazing way, to the world. I think that they will be interested to know how Bill 42 would play out for them. I know that the efforts that they put forth in Europe and in other parts of the world are just staggering. I know that because of my role with the Williams Lake Stampede in the past.
I know that those efforts have largely been met with incredible success. I know that now the Cariboo-Chilcotin, and certainly British Columbia, is a hot spot for so many people throughout the world.
With respect to Bill 42, I think that that consideration really needs to be made with respect to how we might pull this out into rural B.C., and I hope that it will be.
R. Russell: I rise to speak briefly in favour of this bill.
I appreciate the comments of my colleague from Cariboo-Chilcotin as well as his proactive vision about rural B.C. and looking forward with legislation like this. I appreciate those comments.
As somebody that was in local government in the process of establishing the MRDT for a region, I certainly recognize the value that it serves. I think that this is a great opportunity to be able to expand that.
To speak to some of the questions that I’ve heard while I’ve been in the House here…. There were questions raised, for example, about what kind of criteria would be used by the minister to deem an expansion eligible.
I’ll just reiterate…. Some of the potential criteria that would be considered would be things like whether or not it is an internationally recognized tourism event, whether it has great potential to draw significant out-of-province tourists and media attention and whether it all-round bolsters tourism, employment and social-economic benefits for people, which are the kinds of things that we just heard as well.
I think that this is a great opportunity, also, to clarify…. It is an opportunity to add up to a 2½ percent additional tax to be able to provide for those large events. It’s one of those tools which I think provides the flexibility to local governments and to people on the ground to do so effectively.
There was also a question around the consultation. I know, from the process in local government around consultation…. This really impacts accommodators. So the consultation process, I understand, was particularly focused on accommodators to make sure that they understood and recognized the potential value here. I think it’s certainly an opportunity that I see some value in.
I also, though, rise to…. The speaker prior, the member for Surrey–White Rock, went to great lengths to articulate why — what I would say is somewhat offensive to myself, in terms of saying that I am either incompetent or…. I interpret it that way. I find it interesting that that same member spent a great deal of time talking about how we don’t have enough time to discuss, actively, the material at hand here.
I appreciate the comments from the member for Cariboo-Chilcotin. I feel like that was time well spent, talking about ways that we can improve this in, to me, the spirit of order and decorum in this place. I appreciate those kinds of comments. I feel like they raise the level and the tenor of the discussion as opposed to bringing it down. So thank you very much.
B. Banman: It is, as I’ve said before, an honour and a privilege to get up to speak to any bill in this House. In this particular case, we are talking about Bill 42, the PST Amendment Act for 2022.
Now, my understanding is that Bill 42 adds a new municipal and regional district tax on designated major event accommodation areas. What that effectively does is allow municipalities and/or regional districts to collect up to 2.5 percent of a tax in respect of international tourism events.
I think that’s great. I think it’s great that this government, the NDP, has finally figured out a way that the users, actually, should pay for something. I think that’s a good thing. Those that want to come and participate are actually going to have to pay to watch it. It’s a rather refreshing change in attitude from this government — that those who want to do it are actually going to pay. I applaud them on that. Maybe there is hope. There is a glimmer of light. Anyway, I digress.
There are an awful lot of things that will happen in the committee stage. Sadly, the new Premier-in-waiting, who, I understand, will take office as of Friday, has chosen that one of his first acts is to, basically, eliminate one week of debate. Here’s a really important piece of legislation, which is going to come on this floor, that actually has some really valid debate. You heard one of my colleagues speak to some of those very things. I think that to lose those four days of debate, especially on this particular area, is problematic. Let’s go over a couple of those.
Now, this is brought in, in my understanding, for the FIFA 2026 games. I’m excited about that. It is one of the most massive tourism sporting events, internationally, in the world. In this case, it’s football. Soccer, when it comes to an amateur sport, is the single-largest amateur sport in Canada. It has got strong participation by both men and women and boys and girls.
It’s great to see that this type of tax could be used to help host an international event. However, one of the things that it talks about is what a region may be and who is affected by that region. I’m going to go locally. There are a couple of international events that happen in Abbotsford and in the neighbouring riding of Abbotsford-Mission. Let me go over it, starting with my neighbouring riding to the north.
Mission has an international racetrack. It attracts some of the finest quarter-mile racing there is. It is an international event. I would hope, perhaps, on a major event that they have, that this 2.5 percent tax could go towards that.
Here’s one of the problems and why we need to hammer some of this out in the committee stage. As I said, I am worried that, once again, closure is going to be invoked, and we will not have a chance to try and improve the legislation, which could help that. In Mission, they have a lack of hotel rooms. Whenever they have a big event in Mission…. Abbotsford is always very pleased about that. That means that the hotel rooms in Abbotsford are going to be full. For those race events, those hotel rooms start to spill out.
Some of the things that need to be talked about and discussed are how one goes about defining what that geographical area of effect will be. It’s important that we have the time to be able to, in committee stage, figure out what the specific mechanisms are, who gets to make the decision, what the criteria of that decision are and which hotel rooms are going to be charged this new tax. It’s not to be taken lightly.
When Abbotsford has its international air show, which attracts tens of thousands of people…. I think the record, one year, was 120,000 people. If you have never been to the Abbotsford Air Show, I strongly suggest you go. If you’ve never seen the Friday evening fireworks…. These guys actually attach pyrotechnics on their planes, and it is a sight to behold, Mr. Speaker. If you’ve never been, please come. Please come. It truly is a sight to behold.
It’s not just people from British Columbia that come to this event. We get them, who fly in, actually, from all around the world, mainly from the United States. But they do come from all over the world.
Abbotsford actually has the exact same problem at that event that Mission does when it hosts a large racetrack event. That problem is that we do not have enough hotel rooms for that three-day event. In addition to that, we also have the aerospace…. The name is just…. I’m having an infarct at the moment, Mr. Speaker.
ADSE, the aerospace and defence meeting, happens generally just prior and/or during. So the hotel rooms that are required…. Actually, the last time it was held they had hotel rooms all the way out into Vancouver that were full with defence contractors. They had, last year, in…. I believe it was in the…. Again, I’m having a brain infarct, Mr. Speaker. The Bayshore was where they had the ADSE thing. There are hotel rooms that are booked throughout the entire Lower Mainland because there just are not enough rooms in Abbotsford alone.
How would Abbotsford go about asking the minister…? The issue with that is…. In the Lower Mainland, there are actually two regional districts that slam into one another. There is Metro Vancouver, which basically ends at the Langley-Abbotsford border, and then there is the Fraser Valley regional district.
Here you now have two potential regional districts that are affected by the Abbotsford International Air Show. What mechanisms are now going to be put in place to be able to discuss the criteria? What mechanisms are there going to be in place in…?
Abbotsford was unique. We actually, for a while, sat on both regional districts. That had to do with the amalgamation of Matsqui and Abbotsford. We sat on Metro Vancouver, and we sat on the Fraser Valley regional district.
Well, I’ve got to tell you, Mr. Speaker. At times, there was a tense relationship between those two regional districts. Quite often what was deemed important by one regional district was deemed not important or, in fact, intrusive by another.
How are you now going to get two regional districts…? They won’t be the only ones in British Columbia that, perhaps, don’t see eye to eye on everything. How are those regional districts going to be approached? Who has the authority to be able to tell the regional districts what’s going to be done? Who has the authority, and how is that all going to pan out? This is one of the reasons why we should be here for what was already scheduled, for the debate of the bills that are put through here.
We’ve got the health care bill going through right now, which is one of the largest bills in the history of this building, in years, and it’s currently being debated in committee stage now. We’ve actually found some good information. So there’s proof in the pudding as to why that is applicable to Bill 42. We need the time to be able to sit down with those that drafted this and iron out some of what seem to be subtle details but are quite important.
My colleague from up north came up with some very important reasons, in committee stage, as to what’s going to be sorted out. That’s just the beginning.
Would this be…? There was a time when…. I remember fondly when the Molson races happened in Vancouver. I know that some of the people in Vancouver hated the noise.
Now that we have the electric cars that race, which don’t pollute…. I think those Formula E cars would be welcomed back.
That is also something that people came from all over the world to watch and participate in and see. Would that be considered something that the entire province should participate in, in this particular sales tax?
There are other details. I understand that this can happen for seven years prior, and then, even afterwards, it could be seven years post, up to seven years — up to the discretion of the minister. Well, cities have to have a balanced budget. They don’t have the luxury of the province and the federal budgets of being able to run a deficit. They have to balance, by statute, by law. How are they going to collect this? What happens if the events go over?
Part of the reason why this particular bill is important, why this tax is important, is that the downloading of costs onto the cities that are going to host these events is extraordinary. You start off with traffic control. You start off with volunteers. You start off with all of the safeguards that are going to be in place. You start off with the extra policing, the extra fire, the extra ambulances that are going to be required for some of these events. Who pays for that? Either the event themselves or the city that is hosting it and putting it on.
So it would make sense that during committee stage…. I hate to beat that dead horse — that we’re not going to have the opportunity, it looks like, to discuss these finer details to actually make this bill better or, at least…. Maybe these ideas have already been thought of, but at this stage, we don’t have the answers to those.
I am sure that there are a lot of cities and/or regional districts that are going to want to know what these are, because they’ll be excited to actually host an international event, such as how our First Nations were excited to hold the Olympics.
It seems interesting to me that we’re going to bring this in for FIFA. It could have been applied for the Olympics. Yet before this bill hit the floor of the House, the Olympics were rejected out of hand. The reason that’s important is there were many First Nations that were looking forward to hosting and putting those on.
Perhaps…. I would like to know, in committee stage: were they consulted? Did they even know this legislation was coming here? Did they know this was a funding formula they could have used? Could this have saved that bid? It seems to me that it’s important to talk with First Nations if we truly want to have reconciliation. Perhaps it would have avoided the hard feelings that rejecting those Olympics out of hand had. I think that our Premier-in-waiting perhaps was a little hasty in the decision to just axe that.
It seems to me that there could have been time, once this bill had been sorted out — that maybe this could have saved that. It would have answered the questions for a lot of folks that are against the Olympics because they thought it would be a burden on the taxpayers. This would have been a user-pay for the Olympics, perhaps. Sadly, we won’t ever know, because this bill came after the Olympic bid was cancelled.
I think that’s just going to rub a little salt in the wound of our partners who thought that we truly meant what we said when we were talking about reconciliation. I think it’s a missed opportunity, and I think it’s now going to create hard feelings and push reconciliation backwards, especially when they find out that there was a funding stream that may have not even been discussed with them.
I want to go back to Abbotsford, and I want to go back to…. In section 1, it defines a major event area. Well, I’d sure like to know whether or not the Abbotsford International Air Show would qualify. It’s one of the largest of its kind in the world. Would it even qualify? Based on the numbers that it draws, it very well might.
The Abbotsford International Air Show is under a ton of financial pressures. They went through COVID. They were able to do something, even through COVID. But it took its toll. It took its toll on their bottom line; it took its toll on their budget. When you consider that this is a weather-dependent event — which most international events, I would suggest, may very well be — would that help preserve what is truly one of British Columbia’s, I think, jewels when it comes to an event?
Would the PNE, which also went through hardships during COVID and got caught in the whole snafu of…? They are part of the city of Vancouver and didn’t qualify for federal money that was out there for COVID because they are an entity of Vancouver. A very small line in all of what they are — an entity of Vancouver — denied the PNE from any money from the feds. Would this particular Bill 42 apply for the PNE? It’s also, many would say, an international event.
When we take a look at things like the tall ships, the tall-mast ships that have come here numerous times…. How about the Vancouver international fireworks? Would that qualify?
These are questions that, during the committee stage, which we’ve been robbed the time of…. I don’t think we’re going to get to the bottom of nor be able to get to the answer to that. I think that the people of British Columbia, especially for something like this…. Let’s face it. After COVID, we’re all looking for something fun to do. We all want life to get back on the rails.
Bill 42 could help not only restore some of our beloved institutions that financially are in trouble, but it could also help spur new ones. It could help, with the seeds of ideas that people have for a new international event, for it to take place. But there are so many questions that are left unanswered, and I wonder whether or not we’re actually going to have the time to be able to go through most of these issues with the minister to find out exactly how that’s all going to unfold. Sadly, it seems to be something that this government does again and again and again.
This side of the House is not against the idea. What we’re against is the fact that it’s being pushed through without any chance to debate it, any chance to dig into the details. Good democracy requires sunlight, they say. It requires that ability to sanitize things, to open it up and be transparent.
This does not help, especially when one considers the award that this government got for being the most secretive government. This doesn’t help. What would help, if you want to get rid of that moniker, is allowing the proper time to debate bills in the committee stage. It needs to happen more than just here. Actions speak louder than words. And sadly, the actions of this government thus far, be it a good idea or bad, are to just push it through.
We all know that this is going to pass. The government has the numbers. The government can pass anything it wants. But just because you can does not mean you should. Just because you can do something without consultation, without debate, without exposing the books to understand how the regulations work, doesn’t mean you actually should.
You will hear from this side of the House that a fair amount of the large complaints that we have is the fact that these things do seem to be going through without proper consultation and without the ability for this side of the House to go: “Oh, excuse me, have you thought of this?”
By the way, we’ve been talking to some of our constituents. We’ve been talking to some of the groups that have spoken out to us, and they have pointed out A, B and C of flaws that they see in any particular bill, including Bill 42. As I was saying, what is that major event? What is that area going to look like? What kind of governments are going to be involved? What happens when it’s more than one regional district? Should it be the entire province? Should it also be…? How do the events themselves ask for it if the cities, for instance, can’t be bothered to do it? Can an event come directly to the province and ask?
Does the minister have the right to now force it upon a city? “Yes, you will be charging this tax whether you want to or not, and it will be going towards this event.” Maybe the minister should have that right. But these are all questions that currently are not really answered.
Section 3 enables that tax to be put on accommodations in major event areas and sets the maximum rate to 2.5 percent. Who decides whether it’s 2.5? Who decides whether it’s going to be 1 percent? What are the triggering criteria that are going to determine whether it’s at the maximum rate, and does the minister have the right to override that 2.5 in the future? Can we make it 4 percent? Can we make it a quarter of 1 percent?
These are questions that, during the committee stage, this side of the government would probably ask the minister, rightfully so, to get a definition and the rule book so that these events can actually figure out what they’re going to do and how they’re going to apply for that.
Now, section 12 establishes the criteria for regulation enabling major events, accommodation taxes, including the circumstances by which a municipality must apply for the tax — and that the minister must be satisfied there is a major international tourism event. Well, what does that mean exactly? Does the Abbotsford International Air Show count? Does one of the huge trophy races at Mission Raceway that’s international count? Do the tall ships that I was talking about count that have come into Vancouver and come into Steveston that happen on a regular basis? These are just like….
We heard about the Williams Lake rodeo, also an international event. Barkerville. Barkerville is toured by people from all over the world. They will rent motorhomes, which they get from Abbotsford, by the way. One of the largest places to rent a motorhome in all of North America is in Abbotsford, and they will rent those motorhomes and travel to that. Should those motorhomes be applicable to the 2½ percent tax? Maybe it’s something that’s missing in this legislation that should be put in that tax.
There are some questions on section 12 in this legislation that rightfully deserve the time and the light and the sanitation during the committee stage that we need to be able to go through. Additionally, section 12 limits the designation of a taxable area to one municipality or regional district per respective tourism event. Well, as I was saying before, that’s a huge issue. In the Lower Mainland alone, there are two of them that butt right up to one another, and they share the costs of an event.
Langley and Vancouver rent out hotel rooms for the Abbotsford International Air Show. Langley and Chilliwack, two different regional districts, actually will have hotel rooms for some of the major events that that happen in Mission. It’s not just the race that happens. Mission actually is known for some great Shakespeare as well, and has some international concerts.
There’s another one. We have the Merritt Mountain Music Festival that takes place. People from all over go there, and they actually go there in motorhomes as well. On that ticket and in the renting out of those motorhomes that happens in that event, should that be applicable? It has a drastic effect on the small town of Merritt itself. Now, Merritt loves it, because it’s a huge economic stimulus. Would these also be some of those questions?
I think there is a huge, glaring red flag in this one, in that it limits the designation of a taxable area to one municipality or regional district. Just on the face of it alone, Mr. Speaker, I have pointed out why I think that we deserve the time with the minister to go through this clause by clause, before it becomes a section, so that we can actually help improve this particular bill.
I haven’t heard anyone on this side of the House say that they’re against this particular bill. It’s a common way that many, many places…. It was mentioned to me that Las Vegas, for instance, has a tax of up to 13 percent, which actually helps pay for the infrastructure. Las Vegas has become a worldwide destination. What Las Vegas has done is find a way that, for those that want to come and play in Las Vegas, not only does what happens stay in Las Vegas, so to speak, but so does some of their hard-earned money, which goes towards their infrastructure.
It’s not a bad idea, and there’s merit to this idea. We just wish that instead of taking an extra week off for the Premier-in-waiting — we’re all going to be here anyway; we have meetings already lined up; we’re going to be here — we’d open up the darn House. Let’s do the business while we’re here. It makes no sense for the Premier-elect to have a two-week party. The Prime Minister of England, who just got replaced, didn’t do that. The King of England didn’t do that. Let’s get to do the business that the taxpayers have paid us to do.
It makes no sense — especially when one takes a look at the massive amount of bills that are being put into this House — to not have the ability to discuss those bills, to critique those bills, and to make those bills better on behalf of the taxpayers of British Columbia, especially on this bill, because it could affect every corner of British Columbia, and it could actually be beneficial to every corner of British Columbia. To shortchange the citizens of British Columbia by not allowing the debate is shameful, quite frankly. Let’s all get to work. We’re going to be here anyway.
Deputy Speaker: The member for Penticton is ready to speak.
D. Ashton: Mr. Speaker, thank you very much for the little allotment of time to have a quick move. By the way, you’re spending a lot of time in that chair. Thank you for doing that today. I know there are extenuating circumstances, but thank you for covering.
I just want to start where my peer from Abbotsford South, just in his second- or third-last breath, started a conversation about the opportunity that is presentable to us here in the Legislature. I look across the Legislature at my friends that are in government. Also, I look up at the camera, and those in the offices, in the Legislature, in government and those that are going to be coming in — i.e., the Premier-in-waiting — and I would just ask a direct request.
As the member for Abbotsford South said, we’re here. We had this time blocked off. We had the time allocated for the fall session. Yes, there have been changes, but there is an opportunity. It’s not fait accompli yet. I just, a few moments ago, came from the Douglas Fir Room where I looked at the member for Prince George–Valemount in discussion with the Minister of Health.
I looked at a binder for the new health regulations. It’s this thick. I know we can’t hide things, but the bill is about yea thick. The binder of questions is this thick. Right now, after two days of very good dialogue between….
Deputy Speaker: Of course, the appropriate position for discussion on the Health bill is at the Health bill. Let’s stay on Bill 42, the provincial sales tax.
D. Ashton: I appreciate that, but I was just using this as an analogy, that there is an opportunity to carry on with not only Bill 42, but with the other bills that are in the House at this point in time. Again, I would just ask — let’s have some sober second thought here and just think about this. We are scheduled to be here in Victoria. We have the opportunity. Staff are here. We’ve all made arrangements at our homes, with our families, with our constituency offices and more importantly, or as importantly, with the citizens that we represent to be here in Victoria over this specific period of time.
Yes, the government in their wisdom or whatever is bringing forward these bills and trying to get these things through, but democracy entitles the opportunity of scrutinization of these bills, whether it’s the Health bill or this brand-new bill, Bill 42, that is coming in that has, and could have, a dramatic effect on the area that I represent. We heard the member for Abbotsford South talking about the Abbotsford International Air Show. I don’t think I can count on my fingers and toes how many times that I’ve been to Abbotsford, flying down personally — I’m very fortunate to have that ability — to go to that show. That is a major international event in the province of British Columbia.
The bill appears to be built up around FIFA, which will be another incredible catch for British Columbia. When you look at Expo 86 and you look at the Olympics and bringing FIFA here, or bringing the Molson races that the member for Abbotsford South talked about…. But you know what’s just as big where I come from? Gran Fondo. A wonderful opportunity. Ironman. A wonderful opportunity. Another great one — Area 27, to the south of us, hosts international racers that come in.
Apex Freestyle, the Pacific Northwest attends one of the best ski hills in the province. I’m not going to say that Big White just got fourth in North America, but Apex is a wonderful ski hill to grow up on and to raise a family on and to be able to ski. I look at the opportunities that this bill could have, but as the member for Abbotsford South said, and also in the bill and some of the some of the requirements of this….
It establishes the criteria for regulation, enabling major events, accommodation taxes, including the circumstances by which a municipality must apply for the tax, and that the minister must be satisfied there is a major international tourism event. Additionally, section 12 limits the designation of a taxable area to one municipality or a regional district for the respective tourism event.
Gran Fondo: regional district, city of Penticton, corporation of Summerland, and if I remember correctly, it still goes through the town of Oliver. All of a sudden, there are four there. These are the things that we should be able to debate, or more importantly, ask of the minister in committee stage to see if there can be amendments on it. Maybe this bill was designated and derived and conceived to help Vancouver with FIFA, but with all due respect to Vancouver, the Okanagan and other areas in this province….
We heard Barkerville being talked about. We heard about the Williams Lake Stampede. There are so many other things that happen in the province of British Columbia that bring people in from the Pacific Northwest. I look at wine fest, where I come from. The Okanagan produces some incredible world-class wines today.
Right across the border is another opportunity that has grown, to my understanding, where we’re getting people from Washington state and Oregon and Idaho coming up to the Okanagan and areas to sample those incredible wines that we have. In reciprocity, we are able to go down there.
But when you have these events like what are being discussed here so far, the large events, if you put them on a scale…. My gosh, Granfondo. If I said 2,500, I’m underestimating. I think it was closer to 3,200 or 3,300 people. Well, put that on an appropriate scale to Vancouver; I mean, it could blow FIFA out of the water. It’s a huge event for our area that encompasses a regional district and those townsites that I just spoke about. Are they going to have the opportunity, underneath this bill, to have the same opportunity of getting an MRDT taxation put in to help offset some of the costs coming from local government?
No, it wasn’t a proud day in my life as the mayor of Penticton when we chose to drop the Ironman originally. Ironman changed hands. It became, by a hedge fund based out of Florida…. The local ownership, a gentleman that has homes in the Pacific Northwest but has always called Penticton his base, decided that he wanted to sell — you know, circumstances — and it was sold to this hedge fund. The hedge fund walked into city council and said: “Here’s the bill. This is what it’s going to cost you.” We took a look at what we had just come through in 2008, the downturn. Unfortunately, there were layoffs not only at the city of Penticton but also at the regional district, and we said: “No, we can’t afford that.”
We ended up going with a company by the name of Challenge, out of Europe — Germany, specifically — that came and they tried, but they only had 1½ events. They had the main Challenge event in Penticton and a half event on the east coast. They just didn’t have the depth of field.
To the attaboys, to the people of Penticton and to the last city council…. They went back with Ironman. If I remember correctly, there were 1,250, almost 1,300 participants in Ironman Penticton. But again, those people come in…. They don’t come in just for the race day. They usually come in two, three, four days, up to a week earlier. They’re always on the course. They’re always utilizing the facilities that we have in Penticton, whether it’s hotels, whether it’s bed-and-breakfasts, whether it’s Airbnbs.
That’s another question right off the top of my head right there. A lot of them collect provincial tax. Are they going to have that opportunity, also, which would help offset some of the other expenses? Would the minister be looking at the opportunity of letting Airbnbs, bed-and-breakfasts, short-term rentals, where provincial tax is paid and they’re part of it…? Would they be able to qualify underneath this new legislation, where that money stays in the community over a period of time and helps regenerate that event on a continual basis?
I know I don’t want to tell you right now how much the city of Penticton is forking over for Ironman. Is it worth it? I’m going to say yes. It’s bringing back an incredibly prestigious event to the area, but there’s a huge cost attached to it.
Kudos to whoever initiated this, whether it was the city of Vancouver or whether it was the ministry staff that came up with this idea of being able to add a 2.5 percent MRDT tax for specificity of an event. Also, seven years that they’re giving. I heard a little bit earlier this could be seven years pre-, seven years post- to try and help it. What do you do with an annual event like Ironman? These are going to be some of the questions that I think, in committee stage, could make a great big difference in this House so that we all know.
I don’t know about some of the other events that are here on Vancouver Island that bring people up from Washington state. What qualifies, on that ratio basis, as an international event? I look at Peach Festival in Penticton. I look at the beautiful floats that come. Those representing the communities from Washington, Idaho and Oregon that come up to Penticton bring families up for a visit. Especially with the dollar the way it is, it’s an incredible bargain for those people to come up from across the line right now and be hosted by a city like Penticton. But you know what? They don’t just stay in Penticton. They go through the Naramata Bench. They go visit the orchards in whatever season.
Right at the end, almost at the end of peach time — i.e., Peach Festival — is the start of some of the apple season, some of the cherries. These people are visiting everywhere in our community and making a difference. But do we have a chance to qualify under Bill 42? I’m not so sure.
I wish the minister was here, to be frank, that I could get the odd nod or the odd wink to say: “Yeah, you do.” But during committee stage, we’re able to go through this on a continual basis and ask about these things.
I had mentioned some of the other events. Let’s jump over to one. How about the international Shriners? On a regular basis, a rotational basis, they come into Penticton. Those people come literally from all over North America.
One that we’re missing, and we miss it terribly, is the annual Church of God. They would come into Penticton, set up a massive tent, utilize all of our facilities and have a wonderful convention. I can tell you, being a retailer…. We’re known as a big coat house, and a lot of these people came from everywhere. We would always have two tranches of fall goods coming in. It made a big difference. Don’t forget that the backbone of our community is those small businesses, my family’s business included.
One other one I’ve got for you right now is the Young Stars, a terrific event organized by Scotty Carter; Andrew Jakubeit, at the time a councillor; Stan Smyl, who happens to live in the neighbourhood that I live in. They all negotiated over the fence while I was cutting the lawn, and Andrew Jakubeit ran with it. We created the Young Stars in our South Okanagan Events Centre.
I mean, we draw people from everywhere, and the hope is that this will continue to build so we will start drawing not only the Canucks and people from Alberta, but — you know what? — just across the line, with the Kraken. It’s a new team. So we’re hoping that this is going to continue to jell. But would that have an opportunity to qualify underneath this? I’m just not sure.
I mentioned the opportunity of where this could fit, and I’d just like to bring it up again. Is the minister, because we want fairness and equity in our province and on a scale…. Is there an opportunity that we could have this so that it does apply to the Airbnbs that are rented out? Is there an opportunity that a bed-and-breakfast, when they’re paying provincial tax, that we could apply a MRDT to that, specific to an event, or short-term rentals? There are short-term rentals that take place in the Okanagan on a continual basis, especially during the summer months, and is that opportunity going to be there? I hope it will be.
Again, we just don’t have that opportunity to sit and have a good discussion and a fair and reasonable discussion and question, during the committee stage, the minister and the minister’s staff. I would really like to again just ask that we take another look at this, of what transpires in the Legislature and the opportunities that are going to be missed over the next couple of weeks.
We have so many of these bills. I understand the government wants to get a lot of this stuff forward and maybe clean the plates off for a new incoming Premier. But a lot of these bills mean a lot to most of us here, whether it’s in government or it’s in official opposition.
The democratic process has been talked about, where we have that opportunity to sit and discuss this — not argue about it — and ask questions about a direction and how was this perceived and how was this or did you think about this, Minister, or did you take into effect what Bill 42 would be doing to the Williams Lake Stampede or could do to the Williams Lake Stampede or Barkerville or, in the community that I come from, the Granfondo?
I look at the participation in that from kids. They have the race the day before for the little ones. They have all those stars that come literally from the Pacific Northwest to ride in it, that donate their time to get kids interested in riding bikes again and to get kids out and about and getting fresh air.
How can we work this in so that Granfondo wouldn’t have to keep coming to the city of Penticton on a continual basis for the allowment — it’s a lot bigger than a stipend — that we have to give? The city gives money to these various organizations to host these events, which, in turn, is to draw people in to the city. This is a perfect opportunity to have an MRDT, which will help offset those costs.
Those people visiting, as the member for Abbotsford South said about Las Vegas…. You know, I think I overheard that Las Vegas was like 13 percent or something like that, where all that money gets jammed into making a bigger and better show down there. So if we could have that opportunity of discussions so that we could utilize some of those funds from Bill 42 in Penticton and area, in the regional district….
The regional district in our area, the regional district of Okanagan-Similkameen, that area is literally used in its full entity by Ironman, a lot by Gran Fondo. A lot of those smaller communities that have motels — that’s probably a good way to say it — could be making a contribution to it. It’s difficult because the tax base in some of these areas isn’t that large because it encompasses farms and orchards and vineyards and smaller wineries. If that opportunity would be able to be presented to them, it just gives them that much more to help promote some of the events that they do, like wine fest.
My gosh, I would invite everybody in this Legislature to come on up to the Okanagan. Come and see how the people in the Okanagan and areas — Okanagan-Similkameen — have learned how to put sunshine in a bottle. It makes a huge benefit for not only wine fest but for other opportunities to have this, where we could source that 2.5 percent additional tax specific to events, specific to the municipalities — plural.
In smaller areas…. Again, you heard the former speaker say that everybody combines for the Abbotsford Air Show. Well, we do the same thing. Yes, it’s on a different scale, but on a ratio, I’ll make you a bet that it’s just as good as the show being put on by the Abbotsford Air Show or the PNE, Pacific National Exhibition.
So please, I would just ask again, of the people across the way…. We’re here in Victoria. We have the opportunity to carry on and have these open discussions. I don’t know when — maybe some are more enlightened than I am — this is actually going to get to committee stage, if it’s going to get to committee stage here.
Being direct on the bill…. Section 1 of this new bill that’s coming forward defines a major event area. Again, you’ve heard my concerns and many concerns about what that actually is. Has it been considered as something outside of the Lower Mainland — i.e., a FIFA? We’ve heard talk in here today about where a proposal was being put forward for the first Indigenous Olympic event that could possibly be coming at some point in the future. Maybe, as what some of my peers have said, this could have made a difference on that.
We get into section 3. It enables the tax on accommodation in major event areas. Again, a major event area in the Okanagan might not be a major event in the Lower Mainland, but it sure is a major event for us. It sets that maximum tax rate at 2.5 percent.
Then we have to go back if the period of time for raising funds…. From what I understand, and I hope it’s true, there is the opportunity of up to seven years before and up to seven years after. That’s only perceived, I think, at this point in time. But what happens if you have an annual event? What happens to that event? Are you able to offset the amounts that are collected on a per-annum basis as that goes through? Having that type of funding for events like what I’ve mentioned here over the possibility of 14 years — unbelievable.
What if there’s more than one event? I’ve just named some of the events that are international to our area because of the people where we draw from, that catchment area. Is that going to be an issue, or is it just one event that you’re allowed to have? Can it be a multitude of events?
You heard me talk about section 12. I’ll repeat it again. It establishes the criteria for regulation enabling major event accommodation taxes, including the circumstances by which a municipality must apply for the tax and that the minister must be satisfied. There’s another step.
I say this with the utmost of respect to those in government. Do we have to literally beg, get our hands and knees and say, “Here is a major event for us. Yes, it’s not FIFA. No, it’s not Expo. No, it’s not the Olympics, but it’s a major event for the area that we live in,” to the minister? That is a major international tourism event.
Additionally, subsection 12 limits the designation of a taxable area to one municipality. You’ve heard me speak about this and heard other people, because in the smaller areas, we all have to work together. And by the way, if you want to talk about a large area like the Lower Mainland, just think if they all worked together on it. Think about that. That would be stunning.
Think about Victoria here, with all the various municipalities all within a stone’s throw of each other. If they collectively worked on something to bring tourism back…. A major international tourism event like the sailing race that’s based out of Victoria that goes around the Island or the sailing race based out of Victoria that goes to Hawaii — two that I can just think off the top of my head, but just think if they were all able to work together.
I can tell you, I walk a lot in this community when I’m here, and Government Street don’t look so good these days. There are a lot of empty places and a whole bunch more empty places coming where it says close-out sale. If we could collectively make a difference here in this community and other communities, it would be better for all of us.
But again, this is an opportunity that is given to us when we get into committee stage, where we get to ask those questions of not only the minister but ministerial staff that have made these regulations up.
I just really hope that the new incoming Premier — I’ll issue congratulations; he’s not sworn in yet, but I’ll issue congratulations — will take a look at this and think and listen to what is being said from the opposition side of the House. And I’ll make you a bet. I’ll make you a bet in here that there are those in government side that are saying: “We’ve got a few questions on this that we ourselves maybe should be contemplating in here.”
We’re here in Victoria. We have that opportunity to extend the session, to not only talk about Bill 42, not only talk about the new health act that’s coming through, not only talk about a bill that was just introduced today, where we’re not going to have the opportunity, as it appears, to be able to have these discussions during committee stage.
I just really hope also that we encompass First Nations in this. I look at home, over the years, how the powwows that the Penticton Indian Band has had…. Is there an opportunity for those on reserves and Indian bands? Would they have that opportunity to source some of those funds? They’re part of our community, Penticton and the Penticton Indian Band. The only thing that separates this in Penticton is a river canal that goes down the middle. So many people in Penticton have always wanted to fill that damn thing in so that there is not amalgamation but that opportunity of more things back and forth.
I really think there is a good opportunity here to be inclusive of those here in the province who we recognize all the time. We are building stronger and stronger relationships with them, but they’re continually challenged financially. So how could we work together on something like that? How could we work with all those bands in the Lower Mainland? They themselves have functions that may fit underneath this.
I’ll make you a bet that municipalities and regional districts would be taking a look at some form of funding to help out with that. But right now literally everybody is a little bit tight and probably going to, unfortunately, get a little bit tighter as this economy…. Everything I read, all the pundits are saying we’re not at the top of the bell curve anymore. We’re on the slippery side of the bell curve and heading down.
You read everything that is transpiring, not only in British Columbia, Canada or North America but around the world, and we’re going to have to be cognizant of that. That means we’re all going to have to work a lot harder together, a lot smarter and a lot more efficiently, to be able to continue to draw people to the area that we know is literally famous around the world for tourism events and tourism opportunities. To bring them in, we have to be cognizant that times are changing in this world.
Hon. Speaker, I appreciate the opportunity you’ve given me to kind of extend the bounds around Bill 42. It is an important bill, just like other bills here in this House are important. What’s really important is the opportunity to continually partake in what this House gives every one of us — and, more importantly, the citizens of British Columbia that each of us represents, from our specific areas: democracy. I really, really think that the government — the government of British Columbia, governed by the New Democratic Party — and democracy are incredibly important to each and every one of us.
We take a look around the world today at what’s happening in Europe, what’s happening in South America. We have the opportunity to shine brightly here in British Columbia. We have the opportunity to show the people that we represent that we do things that other countries’ citizens wish they had an opportunity to partake in: watching their elected officials conduct the business of the country, the province or the state — the province, for us — in a democratic process.
Unfortunately, there are many, myself included, that think the democratic process has been unfortunately pushed aside for the incoming new Premier and the events that have been scheduled around it. We have the opportunity to say, “Okay, yes, those can happen over here,” but the rest of us in this House can do the work that we’re elected here to do, which is to do the work of the citizens and the people of British Columbia and to do it in a democratic way.
E. Ross: It’s my honour to get up and speak to Bill 42, the Provincial Sales Tax Amendment Act. Really, at first glance, this is something that speaks to what has been important in my political career since 2004: economic development for British Columbians, for Canadians and especially for First Nations in this day and age.
From 2004 to 2017, the economy and the inclusion of First Nations economy is what has actually turned things around for my community, the members of my community and my band council. It has been 180 degrees. We’re no longer talking about poverty or the Indian Act, mainly because we got included in the economy, and especially under the principles of section 35 and the pursuant case law.
In respect of what I’ve listened to my colleagues talk about — the process that’s in place for the B.C. Legislature, in the context of what we do down here as MLAs — it relates to the debates that we have on all the bills in this House. I do like to use my time, here in the Legislature as well as back home, to try and educate people on the process and what we’re doing down here, because it’s quite complicated. For new MLAs, it takes at least a year or two years just to find the bathroom, let alone try to figure out the process.
For all the people watching at home, this is second reading of Bill 42, the Provincial Sales Tax Amendment Act. First reading is more or less just an announcement to announce it: “Yes, this is what we’re going to be talking about.” But second reading, mainly, is an opportunity for every MLA in this Legislature to get up and speak, up to half an hour, on what they think about a bill that’s actually being presented.
So far, we’ve heard a lot of conversation and a lot of debate on this side of the House. Really, where the in-depth discussion happens, in terms of Bill 42 — or any bill, for that matter — is at committee stage. For the many people at home, that means that every single clause in a bill like Bill 42 is examined, debated and voted on, as to whether or not each single clause should pass.
If you consider a bill like the Health Professions and Occupations bill that’s being discussed right now in the other House, 645 sections, the minister, the critic and any other interested MLAs will go in there, and they’ll analyze every single clause, 275 pages. It’s quite the job, but it’s part of the Westminster model. This is what I like so much about this style of governance, because it’s a fundamental component of accountability and transparency.
Normally, we were all considering, before last week, that November 7 to 10 would be our break week, meaning we wouldn’t be here in the Legislature. That was planned a long time ago. We all knew it. It’s not necessarily a break week in the context that we all go home, sit around and watch TV, because we’ve all got constituency work to do. We’ve all got files and meetings that we have to attend to back home. It’s not necessarily a break week. I don’t want people thinking it’s a holiday.
What’s going to happen is that we’re going to have an extra week of break in this Legislature. That’ll be from the 14th to the 18th. Why this matters is that we’ve got massive issues that we’re debating here in this Legislature, but we will not get to committee stage on many of these bills. I don’t know what stage we’re at in terms of that massive health bill that they’re debating right now, but it’s questionable whether or not we can accomplish the full debate on every single bill in this House in one week.
That’s all we’ll have left: one week. We haven’t really gotten to committee stage yet on what I think is a bill that is that is meant to address what has been characterized as Canada’s shame: the situation that Aboriginals find themselves in, in B.C. and Canada. That’s a bill that’s meant to give the option to First Nations to have jurisdiction over children in care.
The Provincial Sales Tax Amendment Act, Bill 42, is an important bill. I can’t really think of any other bill that doesn’t have importance. A lot of bills, like the children-in-care bill, really speak to society and social ills, whereas the Provincial Sales Tax Amendment Act, for the most part, speaks to economic development and a revenue base for municipalities to raise money in the event of an international event being proposed for their cities or municipalities.
In saying that, we would’ve been able to address whether or not this government consulted First Nations, as promised in the UNDRIP bill. Up to now, every single bill that has passed through this House has not been consulted on as per the terms of the UNDRIP bill that was passed in this House. In committee stage, we would’ve asked those same questions, and we probably would’ve got the same response: “No, we did not consult the 204 bands that hold title in B.C., but we consulted the leadership council. Or maybe we consulted the First Nations taxation authority, that has actually done work in addressing PST and GST.”
I don’t know the answers to that. I doubt I’ll get those answers, because we won’t get to committee stage on this. If we do, it’ll be very short-lived. There’ll be a short time limit on whether or not we can get some of the answers to that.
I do note that this bill was specifically to fund the FIFA soccer games, the 2026 games, which will be partly hosted in Vancouver. I also understand that there are provisions in this where the minister has to decide whether or not the minister is satisfied that the event in question is actually a major international event.
Well, a number of my colleagues have talked about international events. I guess the definition is going to be important. We could have debated that, especially the definition in terms of what has been happening in B.C. since 2004.
From 2004 to 2017, there was true reconciliation happening in B.C. You could see it in terms of the partnerships between First Nations and municipalities, between the provincial government and First Nations. In terms of a definition…. First Nations and municipalities have been working together for years, for decades. They’ve slowly started to understand that they actually need each other.
I’ll give you an example — the North American Indigenous Games. I mean, everywhere from North America to South America, they have, annually, games. First Nations can’t host these massive games on their own. They need partnerships. They don’t have the facilities. They don’t have the hotels. They need partnerships with municipalities and the province.
Bill 42 could have spoken to a component of that, in terms of some of the topics that always get brought up and in terms of funding these types of events. I don’t see any mention, in the amendment of Bill 42, of First Nations, which is quite surprising.
Revenue-sharing has been a topic in B.C. for as long as I’ve been in politics, since 2003. It has never really materialized the way First Nations envisioned, but it did come out over ten years ago with the mining ministry, for example. There are smaller examples where there were, maybe, pilot exercises in this respect.
I think this would be a great opportunity, if there was consultation with the 204 bands in B.C. in terms of this, not for the purposes of First Nations, basically, collecting the revenue coming from a proposed provincial sales tax of 2.5 percent but talking about sharing in the collection and in the disbursement.
These huge events benefit everybody. First Nations, more than ever…. We know they don’t want to be excluded. We know, more now, they want to be included in everything that’s happening around them, in everything that’s happening in B.C.
I don’t see any language in that, in terms of Bill 42. In fact, I don’t see anything in relation to First Nations in this amendment, which is quite surprising, given the amount of work that First Nations have done on taxation.
I don’t even see any mention of treaty First Nations, who are no longer bands under the Indian Act. They’re no longer Status Indians under the Indian Act. They’re a bit of a hybrid now under the Constitution of Canada. They’re almost categorized now as a municipality, with the ability to create and collect taxes. I know there’s a complicated agreement that they have, between Canada and B.C., as a vehicle to make that happen, but there’s no mention of that, in terms of treaty bands, in terms of Nisg̱a’a or Tsawwassen.
I’m sure Nisg̱a’a, who I know very well…. We celebrated a 19-year anniversary here, just last year, of the signing of the treaty. I know they’d be very interested in understanding the nature of Bill 42 and what that would mean to them and what that would mean to the region.
I’ll give you another example, the All-Native in Prince Rupert, one of the biggest Aboriginal tournaments in B.C. It’s been around for over 35 years. My father played in it. I played in it. I’m actually in the hall of fame.
I had to put that in there, for vanity’s sake, Mr. Speaker. Sorry about that. Can we strike that from the record?
Any other basketball players in here? No other basketball players?
I digress. Sorry about that.
The All-Native tournament in Prince Rupert actually has international components. Basketball players come from Alaska. They come from Heidelberg. They come from Neah Bay, just south of the border. In fact, the last time I played we had players coming from places like Indiana. Does this define an international event? We could’ve debated that. We could have debated not only for this, but, as my colleagues have said, we could have debated whether or not rodeo events could qualify under this.
We also could’ve debated, in committee stage, the idea of fairness. It’s a great bill. I agree — 2½ percent for municipalities to help bear the costs of hosting these events. That’s actually a pretty good idea. But will it be fair? As an example, what will the approval process for municipalities look like? How do we ensure a level playing field between communities, especially given the fact that this bill limits the designation of a taxable area to one municipality or regional district per respective tourism event.
It would have been perfect to debate this at committee stage, clause by clause, but we’re not going to have that opportunity to the full extent of what our process is designed to do, in terms of this Legislature.
[J. Tegart in the chair.]
There are a number of different important clauses in Bill 42. Like I said, I think it’s an important bill, but it excludes First Nations. I do understand that if I did get to ask questions in committee stage, which I probably won’t get to because we’re going to take an extra week off from this Legislature, I would’ve asked about the consultation process. But this one would’ve gone deeper, because, in the news for the last six months, we knew there was a First Nations group that was putting together a bid to host the Olympics.
This goes back to the idea of what I said when First Nations are appreciating the fact that they’re being included in the society and economy of B.C. to the level where they want to promote economic development in B.C. They want to bring tourism and infrastructure projects to B.C. that benefit all of us, First Nations and non–First Nations alike. This Olympic bid was a perfect example of that.
So it was quite disappointing. I agree with the Minister of Tourism when she said that they were incredibly disappointed. I can only imagine the disappointment, given the amount of money these band leaders, these Aboriginal leaders, must have put into it just to put this bid together — an incredible accomplishment not only to get the First Nations together to collaborate, to work together, but also to have the courage to go out on the international stage and, for the first time, promote something that benefits British Columbia and Canada.
In this case, it was a group of First Nations leaders who were promoting, at the highest level, reconciliation. I don’t think we’ve really examined or understood the full impact of what these Aboriginal leaders felt when they were told — not to their face, by the way, but over a Zoom call — that they would not be supported by this government, even though we’ve had many debates in this House about UNDRIP and self-determination. We’re supposed to have an in-depth investigation of the children in government care bill that’s been tabled here in the Legislature.
Elected Councillor Wilson Williams went so far as to say that their group felt very disrespected, not only that the provincial government wouldn’t support their bid but also the way it was communicated to them and the way they were treated, in terms of the provincial government’s decision. He said that it feels like he got kicked in the teeth.
For those of you that don’t know what it’s like to be a First Nations leader…. There’s an incredible amount of pride in being a First Nations leader. You take a lot of hits. I mean, if you think that it’s bad enough being a non–First Nations leader and taking all these insults, try being a First Nations leader.
Now these leaders have got to go back to their people and explain to them that all their time, money and effort, in terms of putting together an Olympic bid…. It is not going to happen. There’s a good chance it’s not going to happen. They say this bid is not dead. But how do they accomplish this without the provincial government’s support? How do they go back to their people and explain to them that the grand idea of full inclusion in the economy and society of B.C. is basically…? It’s over. How do they do that?
We would have had this reference. We would have had this context when we were talking about Bill 42. This is exactly what Bill 42 is talking about — a municipality hosting an international event like FIFA. We could have had this debate in the Legislature and used the Olympic bid, which was put together by these First Nations, as one of the reasons why we needed the inclusion of different clauses. Maybe, at the end of the debate, we could have found things that could have turned it around, for the B.C. government to turn around and say, “Yes, we can do this, then,” based on this debate.
It’s been a long time since I read anything or heard anything about the disappointment of a First Nation in a provincial government. I had disappointment in provincial governments — the B.C. Liberals at the time. But that disappointment turned into a collaboration. We both understood that we were both trying to achieve the same thing. It took a lot of courage. It took a lot of angst. It took a lot of hard conversations to get the B.C. Liberals and bands like my band on the same page, but we never gave up. The B.C. government didn’t give up on us, and we didn’t give up on them.
There was never the word “no” said to us. Really, where that comes from…. It’s coming from the LNG export facilities that were proposed in Kitimat. It came from the forestry agreements that were signed with a number of First Nations, between the B.C. government and bands. There was never the word “no.”
At that time, people were still trying to figure out the Haida court case of 2004. I’ve said it before, a number of times, in this House. The word “reconciliation” has been twisted around so much, for politics, that people don’t even understand what it means anymore. If you want a good understanding of it, don’t look at the UNDRIP bill. Don’t look at any other document except the Haida court case that was decided in 2004. There’s a dictionary definition. Two parties that once were together are now split apart. Now they’ve got to reconcile. They’ve got to come back together.
The judge in the Haida court case said we’ve got to reconcile the impacts on Aboriginal rights and title now. Let’s face it. None of us is going anywhere. First Nations have accepted this concept. It’s unrealistic to think that all non-natives are going to leave B.C.
We’ve got to learn how to work together. Saying no to an Olympic bid is not working together. That negotiation could have kept on until today. Maybe, at the end of the day, you still come up with the answer that it’s not feasible. But you still created that trust. You still created that relationship. That could be the groundwork or the framework or the foundation for the next big bid. Whether we’re talking about the Indigenous games…. There could be so much more events if we had just stuck to negotiating and keeping those lines of communication open, without saying no.
The members of the Musqueam, Squamish, Tsleil-Waututh and Líl̓wat First Nations…. What they did was extraordinary. I’ve only seen First Nations come together, in my lifetime, for the Pacific Trail pipeline coalition. That was every First Nation from Prince George to Kitamaat Village and a couple of First Nations down channel that said: “Yes. We’ve got to put our politics aside, and we’ve got to work together for the benefit of bringing the LNG export industry to B.C. We’ve got to do that.”
We did it. That entity is still alive today. In fact, it morphed into another group called the First Nations LNG Alliance, all with the idea of uplifting everybody in B.C.
The amount of work that First Nations have put into the economy and in trying to be a part of the system is staggering. We could have brought in the First Nations taxation authority, and we could have got their perspectives on Bill 42, the Provincial Sales Tax Amendment Act. We could have got that perspective, but we can’t. There’s just not enough time. Instead of two weeks left in this session, we have one week.
It’s kind of sad. During that extended break week, I’m going to be down here anyway. I’ve got meetings I’ve got to attend to that I already planned. There are outreach meetings down here that are already planned. I’ll be here. So I’m still going to do the work. I’m just going to have to divide it up between my constituency of Skeena…. I’m still going to commit to the meetings that I planned a month ago. Those outreach meetings are still important as well.
I’ve heard a lot about reconciliation. I’ve heard a lot about the UNDRIP bill. We already know the commitments that were made by this NDP government under UNDRIP to consult every rights and title holder on every piece of legislation that passes through this House…. To align every single law in B.C. with UNDRIP is unrealistic. We knew that from day one. We now know that there is no intention of this government to consult 204 bands in B.C. on every piece of legislation. We know that.
There have also been a number of references to the Truth and Reconciliation Commission’s calls to action. I was even asked myself: “Do I not believe in it?” I believe in lifting First Nations out of poverty. I believe in First Nations being a part of society to the point where they don’t need Indian Act funding agreements anymore. That is the fullest definition of dependence.
My band is there. We were there ten years ago because of forestry agreements, because of LNG agreements, because of mining agreements. We were there. That’s what turned us around from one of the poorest bands in B.C. to one of the wealthiest, to the point where we’re probably ready to take a step up in terms of what the next conversation is.
It would have been nice to actually go back and say…. We’ve got to develop the capacity in our band to talk about Bill 42, the provincial sales tax, and how we can work with the provincial government and municipalities to make this a reality for all of us in the spirit of cooperation and in the spirit of reconciliation.
Councillor Wilson actually mentioned that as well. He mentioned that No. 91 of the Truth and Reconciliation Commission’s calls to action says: “We call upon the officials and host countries of international sporting events such as the Olympics, Pan Am and Commonwealth Games to ensure that Indigenous peoples’ territorial protocols are respected, and local Indigenous communities are engaged in all aspects of planning and participation in such events.”
There has been no legislation in this House that I know of and that actually implements this or even considers it. What we have are three First Nation communities in the Lower Mainland that actually picked up the ball and said, “Okay, we’ll do it. We’ll do this on behalf of everybody in British Columbia,” because they wanted infrastructure projects — just like in the last Olympics. They wanted the tourism industry to be picked up again, across the board. They wanted all those jobs.
You know, the thing we’re not talking about and that nobody has mentioned yet in terms of this failed Olympic bid and it has nothing to do with the work that was done by First Nations: sport is a great way to promote good citizenship. It’s one of the only things happening in many impoverished First Nation communities that offers a ray of hope. If you’re lucky, it can carry you through adulthood. That can actually be passed on to the next generation.
It’s not just taxation that we’re talking about here. Is this not the idea of reconciliation? Sport is a fundamental component of a strong society. Given that we’re going through a drug crisis right now, I think we need good, clean, living role models more than ever — something to encourage our young people, who are dying from overdoses, to say: “Look, you have options. There are different things you could be doing, like basketball.”
Madam Speaker, you weren’t here when I made my comment that I was inducted into the All-Native Hall of Fame in Prince Rupert. I’ve said it again, just for vanity’s sake.
There are a lot of things that we could have discussed, whether it be the Indigenous children-in-care jurisdictional bill, which we should be discussing in detail in committee stage. Or we could be discussing, in detail, Bill 42, on the provincial sales tax, and why that omits First Nations and treaty First Nations. But we can’t. We’ve only got one week left, and for these huge, important bills, that’s not enough time.
We’re not doing our job if we don’t get to committee stage on these bills. As MLAs, we’re not doing our job. That’s why we came down here. That’s what people understand: that when we come down here, we’re actually doing real work.
J. Sturdy: Sorry for my slow rise, but I thought I’d give government a chance to stand up and speak to this bill. No takers, though. No takers, as there hasn’t been. I think we had one speaker or two speakers on the government side. Perhaps the member for North Coast might want to speak. No, no, maybe not.
Thanks for the opportunity to speak to Bill 42, the PST Amendment Act. Like many of my colleagues, I have to say that I think it’s a very interesting and useful piece of legislation, and the timing on this is rather interesting as well. Clearly, this is a bill that is relevant to many of the discussions that are going on right now and the major announcements that have been made just this week.
Actually, I guess it was last Friday. Isn’t that when you make these announcements? If you don’t want to make the press, you do them on a Friday. I think that happened last Friday: the decision not to support an Olympic bid for 2030. Maybe we’ll get back into that conversation for 2035.
This piece of legislation clearly could have an impact on communities all around the province, specifically in the proposed host communities for 2030 or 2034, around how you pay for these events. That’s a huge issue. How do you pay for these events?
There is merit to the concept here. I think many of us in this House who have spent time in local government so very clearly understand that local government has limited tools, limited financial tools.
The vast majority of the revenues that are raised are to provide services like water or sewer. They’re limited in terms of what money can be raised for that, and that money can’t be extracted and spent on something else — typically, anyway. But the bulk of it is property taxes. Property taxes are truly a blunt instrument and very much are on the shoulders of homeowners and business owners. I think we all understand and appreciate the…. Well, some of us do, anyway. This part of this side of the House understands the impacts to business of property taxation are onerous and are difficult and do crush the soul of some small businesses, certainly.
This is a useful tool. Like many of my colleagues, I do understand how these type of events — these international events, destination events — can impact the community. How do they recover? How do they manage through those events?
I had the privilege of being the mayor of Pemberton on the lead-up to 2008. That’s a year that, if you lived in Pemberton, you certainly remember — maybe not so much on a provincial level. But that year, that summer, we had a three-day event where one of the biggest bands in the world showed up. Coldplay was in Pemberton. Tom Petty was in Pemberton. Jay-Z was in Pemberton. Who would have thought? Sam Roberts, Tragically Hip, Nine Inch Nails. It was the Pemberton Festival of 2008. It was a huge event.
Now, what was Pemberton in 2008? I think there were about 2,200 residents in the municipality and another couple of thousand spread out over a pretty big area. But how many people did we bring in? I think it was like 80,000 people over the course of a couple of days. I can say with confidence, based on my experience, that we were overwhelmed. There is no question about that.
So can 2,000 taxpayers in a small municipality…? Well, it’s 2,000 residents. That’s not even 2,000 taxpayers. I think our total property tax base was something like $1.5 million. I think Coldplay got paid more than that.
For a community like that to manage an event like this is a huge, huge challenge. It really, obviously, can’t fall on the shoulders and be a burden to local taxpayers. Already, the event was impactful in a way that I don’t think many will forget. To add a huge financial burden is just too much.
We can anticipate some of the challenges that a community would face, especially a small one, but any community: traffic management, waste management, water and sewer operations and provision, policing, fire, impact on recreation services.
It was funny. We had people looking for a shower coming into our community centre. There was a lineup that you would not believe of people looking for a shower. Obviously, just the impact on the community centre alone was significant and not otherwise anticipated or paid for.
Capacities can be pretty severely strained, and there are few tools that local governments can deploy. The only real opportunity for us was to look at the special events licence or the temporary use permit that was applicable, but we weren’t exactly negotiating from a position of strength either. I would say that overall it was absolutely worthwhile, but it did come with its consequences.
I think the concept of this type of bill is one that I certainly support, and I feel it’s important that we explore it. As my colleague earlier said, it’s unfortunate, but I don’t think we’re going to have that opportunity. There’s just too much on the plate right now, and it’s going to be hard to find the time to dive into it. I’ll talk about a few of the pieces that I think are important that we look at.
There’s certainly going to be…. I think where the problems arise when it comes to Bill 42 is in the development and the execution of the concept. The concept’s good, but how is it implemented? There are concerns. There are many, many questions.
As we look at bills being introduced just very recently or whether they’ve been introduced over the course of this session, I keep finding myself saying, in many ways, the same thing: this is enabling legislation. And on a piece of enabling legislation, there’s just no question that the devil is in the details. In this case, the details aren’t there.
What’s part of…? What’s encapsulated? What’s incorporated? What is in? What is out? What is an eligible cost? That’s a fair question. What’s eligible? Like the provision of garbage removal — is that a…? I mean, who knows? The questions are almost endless. But let’s have some definitions. Let’s have some criteria associated with it. There are none, unfortunately, and again, it’s going to be very challenging to find the time to actually get answers to those questions.
What’s an eligible cost? Well, “What’s an ineligible cost?” is equally valid. Who qualifies? I think we have some idea of some of the entities, but not all of them. Who qualifies? Who doesn’t? What qualifies? What doesn’t?
How long will this tax last? I’ve heard other speakers say we could put it in place up to seven years in advance of an event, although I’m not sure where that comes from because I don’t see it. That’s one of those details that we don’t see in the legislation itself. And then potentially it goes seven years after the event. That’s a pretty broad approach. How do you justify that kind of length of time? Is that length of time, in fact, what we will be talking about? Is that what will be approved or not? Or is there a sunset? Are there potential sunset clauses at all?
And then I think another one that’s important is: can it be stacked? In many cases, you’re going to have an event. You may be collecting for a period of years, either before or after or both. And it can only be in one jurisdiction, not in another. So I can see that there’s some potential for conflict there. But then what happens when another event comes along and you’re still collecting for that event?
So you have a…. And it’s probably not going to happen in Pemberton. But what about in Metro, where I think I heard comments around Indy coming back — an e-Indy or an e-Formula 1? There are impacts. It’s a major event. Presumably, something like that would qualify.
But then you want to have another event that has a similar impact, maybe in the same jurisdiction or in an adjacent jurisdiction or in that same regional district or not. Can you be collecting an additional 2.5 percent of MRDT or MRDT-plus, or whatever it is, and collect it at the same time so we could stack this so that we could see our MRDT tax, which is 3 percent, and another 2½ on a special MRDT, or whatever we’re calling this tax, and then another tax on top of that?
Again, these are issues that need to be explored and deserve some time. Yet we’re clearly not going to have it. We’re not going to have the time. What criteria are going to be used to answer some of those questions? What are the parameters? What are the metrics that we’re going to use? Will safeguards be put in place?
As I say, will we be able to stack it? This is all very subjective, and it will be subject to decision-making in one place. That place has closed doors and a cone of silence. We’ll never know how the decision was made because that decision will be made in the cabinet room by order-in-council.
I think that this House deserves some time on those issues. I think this House and these legislators deserve to understand how these decisions will be made.
As I say, it is true that the communities around the province have faced extraordinary cost. My community, for one, on these types of events…. They shouldn’t be a burden on the local taxpayer. The premise of this bill is basically that Bill 42 allows for municipalities, regional districts or “eligible entities” to request and be granted the ability to collect a new 2.5 percent MRDT-style tax on a designated major event accommodation area in the case of international tourism events.
So right off the bat, you have to…. Okay, I know what a municipality is. Pretty clear on that. I think we probably know that. I think most of us know what our regional district is. But I’m really curious what an eligible entity is. Could be pretty much anything, I guess.
Now, I hope that one of the things they were thinking, the drafters of this legislation, was, in answer to my friend from Skeena, that that eligible entity could be a First Nation. But there’s not a whole lot of tourism accommodation on First Nations lands. I mean, there are some, certainly in the Okanagan, and some other places and probably other places I don’t know about. But I know accommodation on reserve is not typically a big thing. It’s not a big revenue driver. But maybe that’s…. I’m not sure how this eligible entity would be identified or defined. Is it a tourism organization? I guess that’s a possibility.
I talked about some of the costs. So maybe those could be…? But then, no, they wouldn’t have accommodation associated with it. So I’m not sure. I think First Nations are logical. But then, what would that mean? That the eligible entity would be a First Nation that could cast a net wide and collect tax on an accommodation in their traditional territory? I’m not sure. I’m not sure what an eligible entity is.
Could it be a company? Potentially, I guess, it could be a company. Whistler-Blackcomb, for example, hosts some pretty major international events — Whistler Ski and Snowboard Festival. They do have some accommodation, but then they could tax themselves already and then collect from themselves. I’m not really sure what we’re talking about when we’re talking about an eligible entity.
It’ll be up to cabinet to make these decisions, because it’s a Lieutenant-Governor-in-Council decision. They may make regulations designating the area of tax, the rate of tax — so I guess up to that 2.5 percent. They don’t mention about whether they can stack that tax. But they do talk about how, potentially, they can make decisions around the purpose for which the tax is paid and what it is spent on, who it is paid to and who is exempt. In other words, they can make a decision on pretty much anything.
That’s why we need the time to be able to understand this, to explore it, to dive into it, because it’s not simple. I’ll give you one example. Let me quote from the bill, because I’m not sure how many members in this House will have actually read the thing — maybe some.
Just listen to this. This is clause 12, sub (7). You’ll have to bear with me on this, okay. “Despite section 240 (5), the Lieutenant Governor in Council may designate a designated recipient for a designated major event accommodation area that is different from the designated recipient designated under section 240 in relation to a designated accommodation area that is designated as all or part of the designated major event accommodation area.” Please explain that to me. I would love to have the minister….
Interjection.
J. Sturdy: I think maybe there will be a designated speaker on the other side.
Interjection.
J. Sturdy: I very much would like to unpack that, as my colleague points out, in committee stage. The question is whether or not we’ll get to committee stage, and I have my doubts.
Now, in fairness, there are some limitations identified in the bill. The Lieutenant-Governor-in-Council is not allowed to impose the tax unless the muni, regional district or whatever that eligible entity is has asked for it. So that’s a good thing. They can’t be imposed, in other words. I think that’s reasonable.
The Lieutenant-Governor-in-Council is also not allowed to make regulations unless the minister is satisfied that it is “a major international tourism event in or near the proposed designated major event accommodation area.” That’s a limitation, but not much of one, because that can be something…. The minister just needs to be satisfied. I very much hope we could see some criteria around that, so we could better understand how the minister becomes satisfied. What are they basing their decisions on?
Other people have asked the same question. What is a major international tourism event? One imagines it could be a sporting event. That’s certainly the one that has been raised in reference to the 2030 Olympic bid. But it could be a fair. We had a world’s fair in ’86, which is a pretty major event. It went on for a long time. That event, one would imagine, would qualify. It could be a cultural event, I suppose, because in cultural events, you’ll have people travelling from all around the world.
It will become…. Now cultural events are obviously…. There are cultural events or religious events that are global destinations. There’s just no question about that on an annual basis or a one-off. It could be a music event, as I referenced in Pemberton. Squamish has had musical events as well. Merritt music festival doesn’t exist any longer. But that’s quite an event, with the impacts.
I’d also pose the question: could it be every day in Whistler? Whistler sees 50,000 visitors on any given day in both summer and winter. That’s a major event. But other people talk of Gran Fondo. We have the member for Penticton talking about, what, 2,000 or 3,000 people. We have 8,000 people at the Gran Fondo in August. Is that…? But also, that that ties into Whistler. The Whistler Ski and Snowboard Festival, Cornucopia. We did have Ironman, but that’s gone away.
Nonetheless, these are big numbers. These are a lot of people. I think it’s worth, at this time, just looking a little bit at what we’re talking about here.
With regard to just Whistler alone, Whistler generates $1.44 billion in consumer spending every year — $1.44 billion. I would argue that that’s a pretty major event. It generates $500 million in tax revenue. You’d say to yourself, “Well, it should have plenty of tax revenue,” except that isn’t tax revenue that goes to the municipality, unfortunately, or fortunately. It comes to the province. The munis get a share, not of the…. That’s of the global tax revenues, so property taxes, but also PST, MRDT, GST and other fees. But $500 million. That’s $1.37 million a day in tax revenue.
It also produces 25 percent of British Columbia’s export tourism revenue. That’s a huge amount of money. What export tourism revenue is, is money that’s new. That is not recirculated British Columbia dollars. That is money from outside of the country coming into this region. So 25 percent of the export tourism revenue generated in this province is generated by Whistler and its 2.7 million unique visits. This, I would argue, is a major event. Does it qualify? I think that’s not an unreasonable question.
It’s clear, I think, that it doesn’t need to be an Olympics to be an international tourism event, or it doesn’t even need to be a FIFA. That’s what I think. But I don’t know what the minister thinks, and I don’t know if we’ll have a chance to see what the minister thinks. I don’t know if there will be thresholds. I don’t know if a major event…. Is that the $1.37 million a day in tax revenue? Does that make it a major event? Is it the 2.7 million visits? Does that make it a major event? The number of attendees, the participants?
It’s an international event too, so is it where the participants are coming from that makes it international? Is it, in the case…? In Pemberton, we saw people coming from all over the place at the Pemberton Festival, but it wasn’t dominated by international visitors, although it was dominated by international artists.
Which is it? What makes it an international event? Is it the footprint? I guess, in the case of the Abbotsford Air Show, they’re probably flying across borders, so maybe that makes it international. Or is it the economic impact of the event? It’s hard to say. I don’t know. I’d like to know. I’d like to have the opportunity to explore that with the minister, but I don’t think we’ll have that chance.
Lots of questions, obviously — lots of questions. I think that the people of this province — the people in communities around the province, municipalities or regional districts or our First Nations or that murky “eligible entity” — deserve to know answers to these questions. I’m sure they’d be interested. I know they’d be interested. I know I am interested in understanding that criteria, in understanding what the minister is going to be using to judge this, to make decisions.
Given the fact that this is the most secretive government, the award-winner of the most secretive government in this country, you probably can anticipate that we will never know. It will be delivered to us. It will be announced to us, and that will be that, because we only have five sitting days left, as of a few minutes from now.
We have three bills that haven’t even gone to second reading yet. We had a bill introduced today, and this is, in a truncated session, stacked on top of a bill that has — what? — 646 clauses. I’m not sure what it is. It’s clauses until they’re approved, and then they’re sections. Or is it sections until they’re approved, and then they’re clauses? Regardless, 646 of them. When I left my little House, duty earlier, I think we were at clause 18 or something. It was noted, as well, that this was a respectful dialogue.
I see that the red light has come on. I really do appreciate the opportunity to speak to this bill.
M. Bernier: Before I get into my remarks…. I actually didn’t know exactly how I was going to frame my comments speaking to this bill. It’s important, though, to have the opportunity to speak to bills. I just want to acknowledge the colleague that spoke before me and all the other colleagues on this side of the House who have exercised their proper democratic right — why we’re here, which is to get up and speak to bills — to really talk about and digest and scrutinize and ask the tough questions of bills that are put in front of this House.
I think we need to acknowledge…. Remember, that’s not for us. That’s for the people of British Columbia. That’s our job as opposition, to actually get up and talk in second reading to all these bills, to make sure we understand, through that debate and dialogue, what these bills are.
I say I’m a little bit perplexed by some of the lack, though, of information that’s being presented. I would have hoped, when the government saw that this was an important bill, when we’re standing up and speaking to it, that members of government would have stood up and maybe put our minds at ease and maybe would have answered some of the unknowns.
That’s really what second reading is about. It’s the opportunity for us to have that dialogue, for government to stand up and explain why this is an important bill, why they want to have this in front of the House and why we want to pass or debate a bill in this House.
With Bill 42, we heard the member before me talking about this. Let me just quickly…. When we talk about Bill 42, it’s really about giving the opportunity for a municipality or regional district, as we’ve heard, when we’re talking about a major tourism event — maybe a major sporting event or…. We’ve heard examples of different parts of the province already of what major events are, and then the opportunities for that local government to apply an additional tax to generate revenue for the impacts that’ll be seen in that municipality during that major sporting event.
What is a major sporting event or a major tourism event? I look at the city of Dawson Creek. We’ve been very fortunate to hold the World Juniors. Everybody says the World Juniors is a world event. I can’t tell by reading this bill, though, with the lack of details in this bill….
Sorry, Madam Speaker. I’m not sure if holding up the bill is a prop or not, so I’ll be careful with that. I don’t think it is, because it’s actually in the House here.
There is nowhere I can find, in reading this bill, whether the city of Dawson Creek, when we hold the World Juniors…. Is that designated as an international event? It says “worlds.” We’ve held world curling events. Does that qualify? All I see in this bill is that the decision can be made at a later date through Lieutenant-Governor-in-Council, through a designation and an application process.
I’m already getting phone calls from some rural communities — Prince George, Dawson Creek, and you look at Kamloops; we’ve heard that commentary — who have been very privileged and lucky to be able to hold and host what we would classify as international events. But we can’t get a straight answer from this government on whether that will qualify. We’re told we have to wait till later. When is that later, usually, when we find out? That’s in committee stage.
Now, it’s important during second reading that everybody gets up and expresses what’s important for their riding, what they’re hearing in the public or what feedback we’re starting to get. Unfortunately, I know we’ve got the most secretive government in Canada here, right now, with the NDP. This kind of fits into that narrative.
The public and the stakeholders really don’t know, until a bill is in this House and presented, what’s going on. Of course, a bill is presented, just yesterday, that says that a municipality may or may not, if they’re designated, under a sporting event or tourism event that may or may not be designated as qualification, be allowed to add an additional tax depending whether they do or don’t qualify. That creates all the questions.
Now our inbox and our voicemails are getting full, saying: “What is government doing? Do I qualify?” My first response, typically, when the government puts a bill on the floor, and I start getting that my colleagues start getting those questions, we say: “Very good questions. It’s up to government to answer those when we get to committee stage. So thank you, because we can’t answer them right now, but we’ll make sure, during our second readings, that we highlight your opinions and the fact that you feel like you weren’t notified or part of the consultation.” I’ll get to some other issues afterwards around that. But it’s important that we do our job and bring those questions forward.
Now, some of my colleagues have said that there are only five sitting days left. Well, actually, that’s not the case yet. When I look at this, we still have nine sitting days after today. We’re hearing that government wants to take away four of those sitting days on the second last week in November. They haven’t done that yet. They still have a chance to change their mind.
I do find it very odd that they’re ramming this House full of legislation, which they have the right to do and which we expect government to do. The whole point of calling the session here in this House is to debate and bring forward legislation. That’s why we’re here. That’s our job.
What makes me a little skeptical, or nervous, I guess, on behalf of the people of British Columbia, on the intentions of this government…. They have not yet taken away those four days, but I am hearing that all the members from the NDP caucus are actually going to be in Victoria that entire week that they say they want to cancel anyway.
I do have to ask why they are considering cancelling four sitting days if they’re all going to be here anyway. We’re all going to be here. It’s our job. Our flights are booked. Our meetings are scheduled. We’re going to be here. I’m hearing the members opposite are going to be here. If tomorrow they bring forward changes to the standing orders for the sitting, that will be very, very interesting indeed — how they justify the fact that we’re all going to be here but we don’t want to actually work.
I hear an “oh my god” from the member for North Coast. Maybe she wants to quantify. She has a chance to stand up. Well, of course we all work when we go home. My comment is we also work when we’re here. There’s no need to cancel a week, because we have work to do. If all of the members from the NDP are actually going to stand up and say they now all want to be home on the week that the Premier-designate is being sworn in….
They’re all home, I guess, is what I’m hearing. They’re not coming for the Premier’s swearing in. They’re not coming for meetings that have all been scheduled for that entire week. I do find it interesting if the members want to say, “Oh my god,” because I do say: “Oh my god.” If you’re all going to be here, why are we not working? Why are we not in this House, doing the people’s work that we’re supposed to be doing, which is on the calendar?
The reason why we need to be here is because we have a lot of bills still to debate. We’ve heard about some of them that are still in this House, the work that needs to be done. If — it’s still an if until tomorrow — the government wants to take away four sitting days…. That is where we are supposed to be, in here debating and questioning legislation before the government rams it through and passes it. That’s important work to do. But if they take away those four days, I think it’s also important to remind members and the public watching this that bills don’t have to finish at the end of this session.
If there’s still work to do, if there are still questions to be asked on behalf of the people of British Columbia, who have very important questions on so many of these pieces of legislation that are in the House, they don’t have to pass. They could be held over and brought back in the spring. A lot of these bills that are here are actually not time-sensitive. Most of them say: “Don’t worry. It’s important to us, but we’re going to make all the decisions at a later date in regulation anyway.”
Well, if it’s being made at a later date in regulation, there’s really nothing stopping this government on Bill 42 from actually saying: “You know what? We’ve presented it in the House.” We can have rigorous debates. We can go through committee stage on it, and if we don’t have enough sitting days because this government wants to get rid of them for whatever reason, then we can actually finish debate in the spring. Or we can come back and work through December. There’s nothing stopping that.
If government at any time can take away days, they can also add them. I’m game. Why don’t we sit through the first couple of weeks of December, then, and we’ll actually do this.
Interjection.
M. Bernier: The member wants to debate when sessions have or have not been cancelled, and I’ll say, on the record, yes. In 16 years, there were two or three that I remember when there were sessions where we did not bring forward legislation that needed to be dealt with. Here is the difference.
Interjection.
M. Bernier: Well, we just finished hearing that working in the constituency is important, so it’s unfortunate the member from Richmond maybe doesn’t work in her riding when we’re not sitting. But there’s lots of opportunity if the members want to stand up and speak to this bill, because there are a lot of questions that need to be answered.
[Mr. Speaker in the chair.]
I appreciate seeing the Speaker come in. That tells me we’re getting close to the end. I think it’s….
Interjection.
Mr. Speaker: Continue, Member.
M. Bernier: I’m just acknowledging the disrespect that I was receiving from the other side at the time. I was pausing to let that sink in so they could acknowledge how they’re personalizing things.
I’m assuming, with the Speaker here, I will note the hour, reserve my place and move adjournment of the debate.
M. Bernier moved adjournment of debate.
Motion approved.
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Hon. R. Kahlon moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow.
The House adjourned at 6:55 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 36 — HEALTH PROFESSIONS AND
OCCUPATIONS ACT
(continued)
The House in Committee of the Whole (Section A) on Bill 36; D. Coulter in the chair.
The committee met at 2:38 p.m.
On clause 10 (continued).
Hon. A. Dix: Yesterday in the committee, the member for Prince George–Valemount asked about agents, examples of agents in the act. There are examples of that. Essentially, agency is a relationship in which one person, the agent, acts on behalf of another and binds that other person by words or actions, usually under contract but not necessarily. There’s a reason why it’s added to the act.
What I will do, perhaps, in the interests of time, is to share with the hon. opposition Health critic the five occasions in the act where it’s relevant and how it applies to agents. Perhaps I can share that with her. I’ll send it across.
S. Bond: I just want to go back to the discussion we had around physical abuse. The minister did sort of reference the issue of the need to balance. At times, there’s a need to use physical restraints. I guess I’m worried about the fact that there seems…. In many ways, it seems to be a judgment call, and of course we would expect professional health care workers to have that sense of judgment. But it’s also important for people to understand that there is a threshold.
Can the minister just spend a little bit of time, again, walking through what would be determined to be excessive or inappropriate when it comes to the use of physical restraint, those kinds of things?
We know that we often hear about that as an issue, particularly with the frail elderly. So there isn’t a clear threshold, and I can understand that that’s complicated to do, but I’m also concerned that it’s basically a judgment call. We do trust our health care professionals, but I just would like the minister to address that if he could, please.
Hon. A. Dix: Thanks to the member for her question. I think, under the Health Professions Act, which guides us up to now, and now under this act, on these issues of physical abuse, should such complaints be brought — again, they’re not brought frequently — there is understanding and, indeed, jurisprudence on that question.
The reason that this section is framed the way it is, is to say you don’t want to exclude all use of force, because there are times, as the act suggests, where that’s appropriate to a person’s, or to people’s, circumstances and to understand that. But physical abuse, as it’s understood, would never be acceptable, of course. Sometimes force is acceptable where required.
That, I think, is the distinction — that there is enormous training and continued training for nurses. One of the reasons why we’re changing… And this is off topic, and I only raise it for the purposes of this section. One of the reasons why the B.C. Nurses Union and the Hospital Employees Union have argued for a change in the way we do security is to upgrade the very training we’re talking about for people who support nurses, and that’s why we’re adding that staff and adding a system of relational security so that we better train our staff.
Practically speaking, I think people understand that abuse is abuse, and physical abuse is never acceptable, and to understand that if there’s an application of force, that it should be based on training. Our health care professionals are well trained in that and understand those distinctions.
The reason the act is framed this way is to ensure that, clearly, not every use of force is physical abuse. Sometimes it, of course, is necessary in the circumstances to protect the patient from themselves, to protect others, to protect health care professionals, health care workers. I think that’s the distinction. That’s the way it’s framed — this way — and that’s the balance.
Nobody is suggesting that anything that would constitute physical abuse would ever be acceptable, nor would be acceptable, I think, to any health care professional, honestly, or to all of the health care professional organizations. But we have to have it framed this way in order to say that force is not abuse, necessarily, as long as it’s appropriate.
S. Bond: I just want the minister…. I’m certain this is correct, but I want to ask it. If you are practising in a health profession, it would be considered misconduct, and if it’s an occupation, it’s actionable conduct. Is that the differentiation that’s articulated in this clause?
Hon. A. Dix: That’s right. Misconduct is, by definition, professional misconduct, but it doesn’t mean, of course, that actionable conduct is not extremely serious. It’s just a different provision in a different regulatory system for occupations.
Clause 10 approved.
On clause 11.
S. Bond: Perhaps the minister could begin our discussion on clause 11 by walking through what would constitute misconduct and actionable conduct. That is the heading of this section, so perhaps you could just give us a broad overview of what would constitute those two things.
Hon. A. Dix: Whether it’s misconduct or actionable conduct, and we just had the discussion about it — health care professions and health care occupations. What we’re talking about here is failing to comply with the law — that’s important: sexual abuse; financial abuse; emotional abuse; physical abuse; neglect; and needless to say, criminal activity; as well, bringing the profession into disrepute in some way, in one’s conduct. Those are some core definitions of misconduct and actionable conduct.
S. Bond: Can the minister just confirm, then, that when the act relates to, for example, sexual abuse or discrimination, it directly relates back to the new definitions that we’re in discussion about at the moment, the new definitions that have been included in the act? That is what would trigger the misconduct — based on the new definitions in the act.
Hon. A. Dix: Yes. Those equal misconduct.
S. Bond: We’ve had some discussion throughout the sections. We’ve discussed around a prescribed class of persons. We have another prescribed class of persons here. Could the minister perhaps give me an example of who might be included in a “prescribed class of persons” in this section?
The Chair: Minister.
Hon. A. Dix: Thank you very much, hon. Chair. It’s very good to see you.
Right now it means a patient, and the prescribed class of conduct allows us to potentially expand that if necessary. That gives us the capacity to do that, but right now there’s not a regulation waiting that has that.
Otherwise, generally speaking on those questions, when we include a prescribed class, it’s for that reason. If we had something specifically in mind, we almost certainly would have included it in the legislation at this point. That just allows us to say that if there’s something beyond that that the law should respond to, given the seriousness of this area, we wouldn’t maybe want to wait for a legislative session. This allows us to do that by regulation, but there’s not a regulation waiting, I’d say to the member, that expands that class.
S. Bond: I’m wondering if the minister could walk through subclause 11(3) for me: “A licensee does not commit an act of misconduct solely because the licensee lacks capacity….” Can the minister just clarify for me what “lacks capacity” means?
Hon. A. Dix: This has to do with capacity, which is, in particular, a health issue. Say there’s an underlying health condition. Someone has — I don’t know — diabetes, a heart condition, whatever, and that’s the underlying health condition. If what goes wrong is related directly to that condition, then that is not, just by itself, an act of misconduct. That doesn’t mean it can’t be an act of misconduct. For example, if there were an underlying health condition and one were to commit an act — let’s just say, for the sake of this discussion — of sexual abuse, that wouldn’t be an alternative to that.
That problem doesn’t, by itself, constitute an act of misconduct, and the orders are related to that capacity question. Again, that’s not, by itself, a cause of misconduct. In general, if someone is in that kind of serious condition, we want to also focus on the health condition. There may be other actions that the college would take, but that wouldn’t, by itself, represent misconduct. It doesn’t mean that an underlying health condition in any way would excuse misconduct, but it just can’t, by itself, constitute misconduct.
S. Bond: I want to go back to an example that we used yesterday when it comes to the issue of actionable conduct. For example, if a licensee does commit an act of neglect but there are mitigating circumstances that might lead to that description of neglect — for example, staffing shortages; we talked about this a bit yesterday — would that, then, be considered actionable conduct?
Hon. A. Dix: We had this discussion yesterday. I think it’s really important to underline that challenges that a health system might have at any given time — a particular site, a care home or others, and people are dealing with that — do not constitute individual actionable conduct on the part of a particular health profession.
I’m glad the member asked this because these processes, of course, when you’re in them or when a complaint is made…. As we know, not all complaints are justified. Sometimes they’re not. And it’s very challenging sometimes for health professionals, because the very privacy afforded to patients, which is absolutely needed, sometimes makes them feel they can’t defend themselves in those things.
I want to say that health system problems are not acts of individual neglect by health care workers or health care assistants or nurses or doctors or whatever. I think it’s important to understand that. That said, people are responsible for their own actions, but there would have to be, as well, findings about that.
I think if people’s complaint was that staffing levels weren’t high enough in care home A, well, that’s not actionable conduct against any individual health professional. But it would be something that, needless to say, there would be accountabilities to the system — sometimes through the patient care quality programs and other things or, obviously, other consequences and accountabilities to, say, the Minister of Health or others.
S. Bond: Thank you. That was helpful. I appreciate the minister clarifying that again for me.
I’m trying to figure out how to word this question so that it’s…. There are further processes that would be based on this clause — duty to report, the complaints process, things like that. Are the other processes meant to be in addition to processes that might be started, for example, under the Human Rights Commission or the Human Rights Tribunal? Is it additive? Are those other processes in addition to processes that might start under the Human Rights Commission, for example?
Hon. A. Dix: Yes.
I want to say on this section, to the Chair and to the member, that we’re looking together as a committee on section 8…. We had that discussion yesterday. So at the end of this discussion, because one is linked to the other, my recommendation, with the agreement of the committee, is that we would stand down this section as well and deal with it as we deal with section 8, if that works for the member.
What I’m asking the committee, if we’re finished the debate on clause 11, is that we stand down clause 11 and deal with it as we deal with clause 8. If we make a change to clause 8, there might be a consequential change to here, and we’d want to do both. So that’s what I’m asking for, for the committee — we’ve had the debate, and in theory, we could come back to it: that we continue on and move on to clause 12, if that works for the committee.
The Chair: Thank you very much, Minister, for clarifying that. I didn’t quite know what was going on.
Clause 11 stood down.
On clause 12.
S. Bond: Thank you to the minister for that. I think that’ll work really well. I look forward to that discussion.
We’re motoring along here to clause 12. This talks about risk under the Criminal Records Review Act. Could the minister just explain for me how this clause relates to the previous clause on misconduct and actionable conduct?
Hon. A. Dix: Forgive me. I’m referring back to section 11 just for a moment.
Section 11 says: “engages in conduct that causes the regulated health practitioner to be (i) determined to be a risk under the Criminal Records Review Act.” Do you see that there? So the link here is that these are the…. When we say “risk under the Criminal Records Review Act,” it is related to this. So those two sections are where the link happens.
S. Bond: The section talks about which persons would be a risk under the Criminal Records Review Act. How would the determination of risk be made? We understand who. How is the risk determined? How is that made?
Hon. A. Dix: This is under section 11.1 of the CRRA. The determination is made, in this case, by the CRRA, in their review, and then relayed to the college. So that’s the determination.
S. Bond: Thank you to the minister for that. I wanted to just ask this question. I know we’re working on section 8. But I wondered….
When we go when we look at section 8…. Hon. Chair, I’m not going back there. I just want to reference it. Considering that subsection 8(1)(d), which we’re still going to have a discussion about, because the minister knows how I feel about all of those things that weren’t included…. It wasn’t included in what constitutes sexual abuse. So (d) does not, for example, and neither do the others. We stop at (c) in section 8.
Can the deputy registrar, under the Criminal Records Review Act, determine that a person presents a risk? If we haven’t included in the…. It talks about sexual abuse in section 12, yet when you look at what’s not included, it doesn’t define…. It is not defined as sexual abuse in section 8. I’m hoping the minister understands what I’m saying there.
Hon. A. Dix: The short answer is this is different. This is the Criminal Records Review Act. This is where there’s a criminal record. It doesn’t mean there aren’t other standards. Where there’s a criminal record, there’s an obligation to proceed through that.
In this case, these are criminal records that people have related in these areas. So that’s why that adjudication is made by those responsible for the CRRA. In that sense, it is different from section 8.
That doesn’t mean, by the way, that it would not be, necessarily, sexual abuse under that section. But what we’re talking about is the automatic referral in that case. I think the member made a very good case. We’re looking at that, and we’ll work together to, perhaps, correct that. So that’s the difference between the two.
Clause 12 approved.
On clause 13.
The Chair: Recognizing the member for Prince George–Valemount. I’m doing that for the viewing public so that they know what clause we’re on and who’s speaking, every once in a while, to remind them.
S. Bond: Now? Am I good to…?
The Chair: Yes, Member. Sorry.
S. Bond: All right. You’d think I might know that after all the years here. Thank you, hon. Chair, for that clarity.
Clause 13 actually deals with interest in a citation or discipline hearing. The clause notes who has an interest in a citation or discipline hearing and, therefore, who can be involved in the process. Is that correct?
Hon. A. Dix: Yes.
S. Bond: There is a definition for regulatory college and respondent in clause 1, but not complainant. So how is a complainant defined under the act?
Hon. A. Dix: I think the argument here is the complainant is the person who makes the complaint, and not everything gets defined. In that case, the legislative drafters would have said that that’s self-evident. It’s the person who brings the complaint.
S. Bond: I appreciate that. I just wanted to be sure that there wasn’t a need to have that defined. It is fairly self-evident.
However, the reason I ask that is because…. For example, if we have an elderly parent in care who I have the power of attorney for, can I make a complaint on their behalf and therefore be the complainant?
Hon. A. Dix: We’re just looking for the section. The answer is yes, and the appropriate section is section 120. So if we link through there, under 120, it says, “Regulatory complaints by others,” and it shows that you can in fact make a complaint under those circumstances. Those circumstances are not specifically applied, but you can make a complaint, and we’re not limiting those circumstances.
In some cases, you could argue, perhaps, a particular daughter does not have power attorney but can make a complaint. They have that capacity, and that’s under section 120 of the act.
S. Bond: All right. Obviously, I missed that one in section 120.
Would any additional persons who provide advice or emotional support require confirmation by the director of discipline and, subsequently, the discipline panel?
Hon. A. Dix: There are no limits on the director of discipline to allow for that. And there are a number of sections that would guide the director of discipline in that process — although there again no limits on it, on who it might interest…. Those sections, I think the member knows, are 165, 173, 174, 176, 183, 247, 248 and 250. But essentially, there are no limits. The director of discipline is able to determine that, and there are no limits on that ability to determine it.
Clause 13 approved.
On clause 14.
S. Bond: My colleague should be joining me shortly to work through some of the issues related, obviously, to UNDRIP and a number of other specific Indigenous issues. But this is a pretty significant part of the legislation, when we speak about the guiding principles, and that’s what we’re going to talk about here.
Can the minister provide me with the legal definition of “guiding principles”? Is it a term used in other legislation? Is it something that we find in other acts and other pieces of legislation? Could he provide me with the definition of “guiding principles”?
Hon. A. Dix: Guiding principles in this context…. Often you’ll see in legislation the term “mandate,” and these guiding principles are what registrants have to do at all times. These are the overriding principles that guide their conduct as health professionals or, alternatively, as health occupations.
You look at a number of terms, but these are the overarching principles. Those guiding principles also, obviously, clarify the expectations. We’ll be getting into this in a moment, as I said, around issues involving reconciliation but also other issues as well. This is a way of directing, in all of our activities: “Well, here are the guiding principles.”
Sometimes you’ll see this in legislation. “Here is the mandate of the organization,” and it will have five items. Even in the Medicare Protection Act, we had a long debate once about sustainability, I think, being added as part of the mandate. I recall that. It feels like a different time. I was on the other side, I think.
That’s the purpose here. Guiding principles means that. We looked at the expression, legal counsel looked at the expression, and it shows that guiding principles do apply. They sort of set our standard and direction, and they’re obviously, as the member suggests, an important part of the act.
M. Lee: I appreciate the opportunity to join the member for Prince George–Valemount on this section, and hearing the minister’s response here.
As we discussed at the beginning of this bill debate, in terms of the reference to UNDRIP, it is in the guiding principles, sub-sub 14(2)(b)(ii) and, of course, before that, “(i) reconciliation with Indigenous peoples.” There is that broader reference relating to expectation and mandate. But just, perhaps not…. We may come back to reconciliation, that reference, as to what that means. But of course, in the context of UNDRIP, we know what that means.
If I can just ask a couple of questions around that. In terms of what the expectation is under this act, sub-sub 14(2)(b) says: “…a person must act in accordance with the following principles.” That is: “to support and promote awareness of all of the following, as they relate to the oversight and…governance….”
For UNDRIP and that reference there…. This will be to UNDRIP, as it pertains to the subject matter of the act — meaning the various articles that we covered yesterday — that UNDRIP articles are referred to or related to this bill. Or is it the entirety of UNDRIP itself?
Hon. A. Dix: I think there are just two points that are raised at the beginning.
One, this replaces legislation, the Health Professions Act, which contains no references to Indigenous health. Just in a historical sense, the most recent version of the act was brought in under the NDP and amended under the previous government. So this is a change in the way we look at things. I think it’s an important addition and declaration.
UNDRIP, in many respects, ensures accountability by governments. So there is a role here, especially for health regulatory colleges, to make sure that those who are regulated, the professions, understand UNDRIP, thus the use of the term “promote the awareness,” by applying its broad principles. That’s why that drafting decision was made.
I think it’s important to say…. We had, in the Health Professions Act, a scope of public interest, which talked about some of these issues. Here we’re ensuring that our actions and health regulatory bodies and, by extension, health professions understand and promote, again, the awareness of — and this is a guiding principle for their activities — reconciliation.
That’s one set of things. The United Nations declaration on the rights of Indigenous peoples is the second set of things. The need to address racism and anti-racism issues is a broader issue that also includes those specific to Métis and Inuit people. It does all of those things. That’s the purpose of it doing it.
This explicit reference was put in as a result, in many respects, of our consultations with Indigenous people through the process and is a reflection of those. So when we went through these processes, this explicit reference was put forward as part of that consultation and, ultimately, accepted for inclusion in the bill for, I think, good reasons, in that it is essential, in the governance of health professions and occupations and in the provision of health services, that we need to support and promote awareness of all of the following.
M. Lee: I appreciate the response from the minister.
The purpose of asking this question is really to get clarity on the obligations on the persons who need to act in accordance with the principles that are set out under section 14 in this act. That includes the superintendent, which we will get to in a later section of this bill. For example, when we talk about, when we get there, section 435, the superintendent’s office…. Sub 435(2)(b) is “to promote awareness of and adherence to the guiding principles.”
I think it’s important, in this bill debate, to get clarity in terms of what the expectations are around meeting this principle. Of course, as I just mentioned, when it gets to the actual superintendent section and we’re talking about the power and authority and requirements of that office, this is one of them.
Coming back to the words “support and promote awareness,” again, I appreciated the general response. We know that UNDRIP, as we looked at the application of UNDRIP through section 35 jurisprudence in this province…. As the previous Minister of Indigenous Relations and Reconciliation confirmed, not all aspects of UNDRIP are solely within the provincial jurisdiction. Some of that is in the federal jurisdiction. Health, of course, we know, spans both jurisdictions here.
I am just getting clarity on the articles of UNDRIP that the persons that are acting in accordance with this act will need to promote and support awareness of.
Is it the expectation, again, that those persons acting, including the superintendent, would be supporting and promoting awareness of the entirety of UNDRIP or just those articles that are specific to this bill, as the minister and I were discussing previously in this committee process?
Hon. A. Dix: I’d say there are two sets of obligations.
One is an understanding of UNDRIP as a whole. Obviously, in particular, then…. Not all of UNDRIP deals, as the member rightly says, with health. This is related to the direct requirements of this legislation. There would be, obviously, a very strong need for an understanding of those sections of UNDRIP that relate to the provision of health services. That’s, in a broad sense, health and social services.
This bill is related to the activities of health professions and health occupations and the regulations. It’s an understanding of all of UNDRIP. There wouldn’t be as much need or emphasis…. So its existence, what its role is, that sort of guidance. That’s a need — understands the guiding principles and, obviously, focuses on those sections of UNDRIP that are directly related to the activity governed by this act. That would be, I think, what we’d expect those involved to convey and promote an understanding of.
M. Lee: I appreciate the response, in the sense that it does demonstrate that there is some clear framework around what the obligations would be relating to this provision. I’m also struck by the amount of detailed work, let’s say, that the minister was able to refer to in terms of those particular articles of UNDRIP which are applied to this Bill 36.
Coming at this in a slightly different way…. I am mindful, in terms of the framing of the bill and the use of statements like this…. I understand the purpose of it. I also appreciate the amount of work that has been done here, over the three-year period or so, in working up this bill. When UNDRIP and the DRIPA act came into place, the work was done to ensure that the articles, as I understand from the minister, were appropriately addressed and that — in the view of the government — ought to be addressed within this bill have been done, that they have been addressed in the manner that the minister outlined.
That being the case, when a person who needs to act in accordance with the principles or act under the act, including the superintendent…. Does the minister have a view, then, as to what the work that’s been done, which he is more knowledgable of than I…? He was able to outline that yesterday. Where is the overview gap, let’s say, with the general reference to the principal meaning? If the specific articles have been addressed — hard-wired into the bill, so to speak — where is the need, then, to make a general reference to UNDRIP?
Hon. A. Dix: I think it serves a valuable purpose. I noted at the beginning that putting in place those guiding principles is different than the previous act. It gives direction to all of the activities, for example, of health regulatory colleges. So if there are regulators looking at issues around regulation and education, they shouldn’t just look at the principles of a particular section or another but understand that they have an overarching responsibility in what they do to ensure that they’re meeting the expectations of UNDRIP.
This is a process for health professional colleges of consistent consultation as changes in those situations develop. It is one of the reasons why I think it’s valuable that we’re reducing the number of regulatory colleges. We’re creating capacity, and we’re creating regulatory colleges with the strength to do that, as opposed to asking a small college with 300 registrants to have that capacity in place. I think that’s a useful part of it.
So yes, we do all the sections. We hard-wire it, as I said and the member repeated earlier, but we also include it in these guiding principles so that it’s central to what we want to do. That is what, in our extensive consultation…. We don’t usually talk about this.
At the beginning of those consultations, we might not have done that. At the beginning of the consultations, in fact, we hadn’t passed the reconciliation act. But as we went through the consultations, the utility of this in the guiding principles seemed clear to us, and they provide, I think, clear direction to health professional colleges, etc., on the one hand. On the other hand, we wanted to make sure that it is hard-wired, namely in different appropriate sections of the bill. I won’t go back over those because we had that discussion earlier, and it’s already on the record.
M. Lee: I do appreciate that the effort the minister went through to identify those articles is on the record. I think that’s helpful for anyone looking to understand this bill going forward — what specific articles would be focused on for the purpose of this bill.
Hearing the minister’s response just reminds me again of what we all are cognizant of, which is the obligation under DRIPA, the Declaration on the Rights of Indigenous Peoples Act, in section 3: “In consultation and cooperation with the Indigenous peoples in British Columbia, the government must take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration.”
So the obligation, first and foremost, is on government. I would say that the hard-wiring…. This is a term that the minister did surface yesterday. We continue to use this term, but that term, I think, is applicable here, given what the minister has said. That’s the work that government has done.
My purpose of dwelling on this, in terms of a person who needs to act in accordance with this act and these guiding principles, is that there’s no greater obligation here. The work of government has been done to ensure that this bill, as it’s presented, is consistent with the declaration, which is UNDRIP itself.
This guiding principle, then, is serving a purpose, which is setting expectation for those operating under the act, including the superintendent, to also support the principles, the articles of UNDRIP. Is that the purpose of including this general reference in that manner?
Hon. A. Dix: I think what these guiding principles are, are a lens through which decisions are made. I think sometimes it’s good to look at things in the reverse. I think the member, had we not included it here, given its importance in different parts of the legislation, might have legitimately said: “Well, why isn’t it here?” This is a lens, so if a decision or an action by, say, a health regulatory college was inconsistent with UNDRIP, then I think it would be reasonable, looking through that lens, for a health professional college to ask about the decision, why it would not be consistent with that.
I think this whole set of principles — which isn’t just UNDRIP, but we’re talking about UNDRIP now — is a lens through which all the actions take place. Again, this decision to go with guiding principles lays out the public interest expectation, not the private interests of a health profession but the public interest and its paramountcy.
These issues of reconciliation and of DRIPA and the DRIPA legislation are at the heart of everything that we should do, as well as being in specific parts of the act. Again, we’ve talked about that, so I won’t go back over that, but I think having it here is useful direction and guidance and a lens through which health regulatory colleges and professionals operate. I think that’s a useful thing. Therefore, promoting understanding of that is at the heart of what they need to do.
That’s the utility, I think I’d say to the member. We have guiding principles here. These are amongst the guiding principles. We passed the DRIPA act, which set an expectation that that would be at the heart of our action. That’s why I think it’s necessary, in addition to hard-wiring…. Let me say…. I’d like to provide, give authorship. I think that’s Mary Ellen Turpel-Lafond’s expression and not mine, but I’m happy to take it up — hard-wiring into the thing. If it wasn’t there…. The member asked about that, to make sure that it was, a couple of days ago, and putting it in the guiding principles, I think, is consistent with that approach to the legislation.
It’s what came out of the consultation, and I think the consultation was correct. The direction we received and the ideas we received are correct, and that’s why it’s included in the guiding principles.
M. Lee: I appreciate the minister’s response. I know we’ve had a lengthy discussion at this point in the committee stage at the front end of this bill and now in this section, and I am taking the opportunity, let’s say, to probe the government’s approach.
It is three years after DRIPA was adopted here. Recognizing the approach that government, with this minister and his ministry, has utilized through this bill, I would say, just so the colleges are clear on what the expectations and the obligations are, that it sounds like, when we’re talking about supporting and promoting awareness of UNDRIP as it relates to overview, review of regulators, the governance of designated professionals and occupations, as well as the provision of health services, UNDRIP and the articles will inform those activities.
I think as we utilize UNDRIP, again, it is government’s responsibility to make sure that we’re taking all measures necessary to ensure the laws of British Columbia — i.e., this bill — are consistent with the Declaration on the Rights of Indigenous Peoples Act and that it’s not an attempt, in any manner, to shift that responsibility.
I didn’t hear that from the minister, but I just want to be clear on that — that this is additional guidance, vis-à-vis the guiding principles, to those regulators and the superintendent to be supporting and promoting awareness.
If the minister hears anything that I just said that he would like to adjust or correct, he can do that. I will go on to my question, but I would invite the minister to make any addition to what I’ve said.
My question, then, is: if the wording is “support and promote awareness,” again for these regulatory colleges and the superintendent, how do these bodies measure whether they’re meeting this requirement?
Hon. A. Dix: It’s nice, because there are always lots of words. But basically, the act says, just reading it: a person must act to support the United Nations declaration on the rights of Indigenous peoples. It’s pretty straightforward. That’s what it does. They have to do the other things. If you look at it and you take out the other words, that’s what it says.
The member for Prince George–Valemount, I believe — I think the member for Prince George–Valemount — asked about GBA+ and the lens we put on the legislation. It’s exactly that kind of lens that we would expect health regulatory colleges to place on their decisions here. That’s why the guiding principles are here.
Who assesses how well they’re doing it? Well, that’s the superintendent — absolutely. That’s part of the superintendent’s responsibility in his oversight and assessment of the performance of health regulatory colleges. This lens is one of the issues that they will be reviewing and measuring in terms of their assessment of the performance of those colleges.
I think that answers, fairly directly, the member’s question.
S. Bond: Thank you to my colleague from Vancouver-Langara.
I’m wondering. When we look at clause 14, it appears not to apply to division 5 of part 3, which is “Duties of Licensees,” as well as “Duties of Regulated Health Service Providers” in division 2 of part 4. Could the minister explain why?
Hon. A. Dix: The purpose of these guiding principles is for the colleges, for the Health Professions Review Board, for the director of discipline and for the superintendent. You’ll see some of this picked up in the duties of health professionals, but here, these guiding principles, these are the regulators, these are the bodies we are — I mean, obviously they’ve been created already — recreating in this act. These are the guiding principles for their activities.
There are duties for health professionals, though, and they include many of these duties. But this is for the colleges and the superintendent and the review board and the director of discipline.
S. Bond: Thank you to the minister for that response.
I’m wondering. I want to talk a little bit about the need to address racism and anti-racism issues. In 14(2)(b)(iii), it is specific to Indigenous peoples. One thing I know is that when there was in-committee debate of Bill 24, which was the Anti-Racism Data Act, there was a lot of discussion about trying to define systemic racism. The discussion there was about the fact that through engagement, systemic racism was different for different groups.
Here, we speak to the need to address racism and anti-racism issues that are specific to Indigenous peoples. So for the purposes of the bill, has the minister engaged with groups that represent other racialized groups in terms of the definition and impact of racism and anti-racism?
Hon. A. Dix: We look at (2)(a): “to protect the public from harm and discrimination.” That discrimination includes racism, but it’s also broader than racism. So it is included here.
Obviously, we’ve talked about section 9, and we will talk about section 15 and about anti-discrimination, which is the positive side of that. That’s a duty on regulators and on practitioners.
But here it is included there. The reason we use the term “discrimination” is the understanding that racism is a form of discrimination. The repetition of “racism” is part of the response to In Plain Sight here, in the sections related to UNDRIP, to reconciliation, etc. So there was a decision to include racism in that.
But racism is part of the requirement to protect the public from discrimination, which is in the guiding principles. It’s really the first sub guiding principle.
S. Bond: I guess my specific question was: throughout the journey of consultation, was there a discussion with other racialized groups who may have different points to emphasize when it comes to racism and anti-racism, from their perspective? Could the minister just tell us whether there has been engagement with other racialized groups?
Hon. A. Dix: These particular sections were reviewed, not just the idea which…. These proposals were part of the initial steering committee report and others from members of the public. These specific sections and their contents were reviewed with the B.C. Human Rights Commissioner to make sure that they, in legislative form, met that test, because I think that’s the feedback we wanted.
There was the broader opportunity for lots of people to participate in those processes, and there was a long list of participants. But I think what the member is asking is: well, how about these specific provisions? Were they seen…? The appropriate place probably for us to consult there is the Human Rights Commissioner, and that’s what we did in this case.
S. Bond: We’ve certainly had some discussion about how there has been an enormous amount of work done to respond to the recommendations of the In Plain Sight report. A pretty critical section here related to that.
In the report, Dr. Turpel-Lafond identified that health authorities and regulators were independently developing Indigenous-specific racism and cultural safety and humility education and training. When people provided input, they agreed that there needed to be a coordinated and coherent approach for better understanding. The report also pointed out that there are inequities and inefficiencies as a result of the lack of proactive resource coordination and knowledge exchange.
Again in the report, on page 51, it talks about how some regulatory bodies have developed provincial professional standards, guidelines and principles, but the smaller regulatory bodies are challenged in this regard and emphasized the need to consolidate and make such resources available to all organizations.
Dr. Turpel-Lafond actually said — I can quote for you: “That a refreshed approach to anti-racism, cultural humility and trauma-informed training for health workers be developed and implemented, including standardized learning expectations for health workers at all levels and mandatory, low-barrier components.”
How will the minister…? We see the guiding principles. But In Plain Sight made it clear that there were inefficiencies, that there needs to be more standardization, that there need to be low-barrier components and, basically, mandatory training. How will the minister ensure that those inequities and inefficiencies that were identified by Dr. Turpel-Lafond are addressed? If this legislation moves forward, how are those gaps going to be closed?
Hon. A. Dix: I think this could apply to a lot of things in the act. It certainly applies here. It’s one of the reflections that both the steering committee had and we’ve had in undertaking this process. It may have received more attention than other parts of the bill — the reduction in the number of regulatory colleges. But that’s important. You’ve got 22 colleges. Their ability to each have their own focus on this is a problem. We now have stronger organizations, fewer organizations. That’s one.
Two, right now…. I mean, the Cayton report, one of those moments…. The member has read reports about work you’re doing that tell you something. One of the things it tells us was the moment in the Cayton report when we learned that the College of Dental Surgeons hadn’t even talked to the College of Dental Hygienists for years and thinking that kind of doesn’t make sense. So this bringing of people together ensures a better standard of behaviour.
The superintendent’s job is to ensure that the guiding principles in this act are properly put in place, with measures, by health professional colleges. They’re not just responsible to themselves and kind of loosely through half appointment to the minister, but they have to meet those standards as applied by the superintendent. That’s very important.
Then in the health professional colleges, they’re required to have bylaws and practice standards that include the impact of these measures, including where we went through, with the member for Vancouver-Langara, the parts of the act where the declaration was “hardwired.”
All of those, I think, strengthen our ability to practically do it, which is important — that was a practical consideration; that was a focus — but also to do it with a greater measure of consistency.
The final thing I would say is that in respect to professional standards, the colleges are the best mechanisms, in many cases, for this. Health authorities are responsible for their professionals — and they have responsibilities too; I don’t want to ignore that — but many health professionals work outside of the public system. Some of them work in an ICBC system, primarily, it should be said, and I guess that’s a public system. But your average naturopathic physician is not billing for that, but they are a health profession. A practitioner of traditional Chinese medicine — the same.
So the colleges are a good way to capture not just the public system but those people who operate and provide health services. They’re regulated health professionals in the province, and they’re not part of the public health care system, so any actions taken by the health authority would be ignored.
Those are the ways, I think, both practically and in principle, that we deal with exactly what the member is referring to in the In Plain Sight report, and it’s why the In Plain Sight working group spent a lot of time on these issues and focused and assisted us on these issues as well.
S. Bond: While I understand the minister’s conversation about individual colleges, I just want, perhaps, a bit more focused answer. Does the minister expect that the superintendent, in his or her new role, will look at standardized learning expectations for health workers at all levels?
Hon. A. Dix: Yes. Part of the role of the superintendent is to ensure that very consistency between colleges. And if there’s an issue where consistency is important, it’s surely anti-racism and anti-discrimination.
S. Bond: One of the things that Dr. Turpel-Lafond noted…. Again, we don’t know the eventual size of the colleges and all of those things. We will be seeing what they look like. But there was a…. It was difficult for some colleges to actually do this work.
Is the minister anticipating that there will be resources, some sort of support provided, so that there is a consistent approach — that there is capacity in all of the colleges to ensure that it’s standardized, that it is measured, reported on, all of those things?
Hon. A. Dix: With the amalgamation of the colleges, I think we have…. We’re going to provide the information that was available.
I think a majority of colleges have less than 2,000 members now. If you look at opticians, look at denturists, look at others leading into this, you had colleges that frequently had 600, 700, 800 members to support the work of the colleges. And realistically….
Right now in some of these areas, the bigger colleges do provide assistance and have for a while. It’s not that the system totally didn’t work or something or that people were being just protective. But what you’re creating if you create six colleges is….
The College of Physicians and Surgeons — that’s 14,000 or 15,000 members who are doctors. The College of Nurses — close to 70,000 members, nurses and midwives, now. It’s astonishing — more than half in one college. Pharmacists is a very strong college, obviously. For quite a long time, the registrant was Bob Nakagawa, who will be familiar and worked in the Ministry of Health. They’re a very strong college.
The College of Oral Health Professionals now takes all four of those colleges together — very strong. It’s going to be a very strong, powerful college — a lot of members, more than 10,000.
The other college, the final college…. The two colleges will bring together a number of health professions. Part of the purpose in our thinking, in creating those colleges of that size, was that all of them would be substantial. If you think of the College of Pharmacists, really, all of them are around that size, and some of them are bigger, right? That allows them to function and to deliver on this.
Of course, we’ll be providing them with assistance as well, but the role of the superintendent is to make sure that those six colleges deliver on these measures. We have oversight, a measure of consistency and a way to, shall we say, enforce consistency. As well, we’re going to have strong colleges. Many of the big ones, obviously, have some capacity in this area now.
You see some of the actions. When the College of Physicians and Surgeons was here a couple of weeks ago, they talked about their work in this area. They may have less of a way to go, but they’re responsible too. All of the smaller colleges will come together and will have that expectation from the beginning. I think that’s part of the reason why, ultimately, we looked at that. It just seemed like these colleges were too small and too many to deliver that level of consistency. This allows them all to be stronger.
S. Bond: Thank you to the minister for that answer. I certainly understand the economies-of-scale argument. I think that what I just want to be certain about is that the new act will require colleges to support a number of new functions — for example, the office of the superintendent. We’ll get there. We’re talking about fees and support in order to operate that particular office. We’re looking at making sure that we have standardized opportunities for training for health workers.
I just want to be sure. I understand that we will have fewer colleges, larger colleges and, potentially, more capacity, but we’re also asking them to do a lot of different things. I think, obviously, we’ll be looking at the issue of capacity and resources.
Could the minister share, if staff knows…? In the report In Plain Sight, it did talk about how there were some that were individually doing the work that needed to be done. Can the minister tell us, of the current regulatory colleges, how many have already embedded cultural safety, cultural competence, cultural sensitivity and trauma-informed care into competencies?
Hon. A. Dix: It’s our understanding that it’s all but one of the colleges now. I know I’m leading and inviting a question as to which one, but I’ll just leave that on the table there for the moment. I’d be happy to tell the member. The purpose isn’t to…. All but one have practice standards now, so they’re along this road.
I think it’s fair to say that this is a higher level. The member is quite right when she’s talking about resources. This is a higher level of expectation, but they are moving in this direction. From the report of the steering committee, the colleges, every one, clearly understood that this is the direction we’re going, and they have been responding to that. In fairness, there is one to go, and it would be our expectation that there will be none soon, as we meld and bring them together.
S. Bond: Thank you for that. That’s actually encouraging.
I guess there’s a question I would have. As we think about moving ahead on In Plain Sight’s call for consistency and for standardization has work, we have colleges that have embedded it — the majority of them, actually, which is great — but is there an agreed-upon template? Has work already been done? Will there need to be consultation? How far down the path are we? I assume that we would want the information to be as consistent as possible, working across the colleges. So is there a template? Is there some sense of how this should be done?
Hon. A. Dix: The colleges work together under the B.C. Health Regulators, so although they don’t look exactly the same — I don’t want to exaggerate that — there is a measure of consistency now. You’ll see that as we laid out the legislation and did our final consultation on the subject of the legislation, we consulted the B.C. Health Regulators as well — which is, essentially, the umbrella group that brings colleges together. They do a lot of work and a lot of work to support each other.
Some of the largest colleges, of course, led that work, as you’d expect. The College of Nurses and Midwives is a huge organization, obviously, given the size of the profession, and so on. They work together as the B.C. Health Regulators and assist each other. There is a measure of consistency, although they’re not exactly the same.
S. Bond: Moving down to 14(2)(d), the principles talk about acting in a fair manner and “demonstrating respect for the principles of procedural fairness.” Is there a reference, or a written set of principles, that will provide guidance? “To act in a fair manner…” is fairly subjective, to some people. Is there a reference point or a set of principles that will guide the colleges when it comes to that particular clause?
Hon. A. Dix: Sometimes it makes it seem, when we get up and answer these questions, that we fully understand these things in advance. I want to assure you that I learn in these debates as well.
The idea of fairness and procedural fairness is built into administrative law, and all the people involved in this area of practice are well aware of that. The answer is yes, there is a pretty clear understanding of what that is, because of the underpinning of administrative law.
S. Bond: We move along. It’s an interesting inclusion. If we look at subclause 14(3)(a), we talk about a “holistic health care system.” Can the minister confirm for me whether or not it is inclusive of both publicly funded and/or privately or insurance-funded health care services that are provided by a variety of health care professionals and staff?
Hon. A. Dix: I think it’s fair to say that sometimes different professions don’t always play nicely with one another. I think history will tell us that. I’ll spare everyone a number of examples where that has been demonstrated.
What we want to have in our public health care system is team-based care. We’ve talked about this a lot over time, over many years. The former Minister of Health was sitting in the House today, and he would have felt the same thing. In other words, it’s people working together across professions to provide better care for people. That’s one sort of idea.
The idea of a holistic health care system is that there are many aspects to health, understanding that people are working in different health professions. Whether they be naturopathic physicians working with others in the system or chiropractors working with medical doctors who are back specialists, the idea is that people should work together in the system. This isn’t the same as not having a public system or anything else. Let’s just say that it’s our expectation that people should work towards a holistic health care system where we’re working together on things.
That’s part of the goal of this legislation, in a way: to bring colleges together. When you bring the dental colleges together, that’s really what you’re saying, right? That’s an action that does it. In addition to that, health professions and health colleges should work together If you’re having stated guiding principles, that should be a guiding principle. That’s the reason it’s there. That should be a guiding principle for how we act.
There are a whole bunch of issues. There are always going to be debates about the scope of public health care, whether things that are currently not in that scope should be included. All of that is true, and that’s a public debate. But everybody who works in health care should, as a principle, understand that they’re working for the same end, which is the health of people, and work together in the most positive possible way.
We want to encourage collaboration between regulators, the ones that we’re most familiar with — the ones that have been around since the 19th century — and newer colleges. It’s our expectation that people are going to collaborate and work together. That’s a good guiding principle for the superintendent for the colleges.
S. Bond: The focus of holistic health is actually not about the services provided. It’s about the people, in terms of the relationship and working in a more collaborative process. We’re talking about a holistic health care system. The minister is nodding, so I will take that as a yes.
Could the minister identify…? In 14(3)(b), it talks about the removal of barriers to the practice of a designated profession or occupation by extrajurisdictional practitioners. We had a brief discussion about that, but we certainly know that there’s a lot of discussion, always, about how we get people into British Columbia. I think just as recently as — I can’t even remember now; it’s been long days — yesterday or this morning, we heard about months-long waits for people who should move forward more quickly. We need them, and their credentials are also, certainly, valid and should be used in our province.
Have there been specific barriers that have been identified in terms of preventing extrajurisdictional practitioners from practising in our province?
Hon. A. Dix: I think what we want our colleges to do is to ensure — we expect high standards, and that’s dealt with elsewhere in the act — to the maximum extent possible, that extrajurisdictional practitioners who are qualified to practise in B.C. are able to practise in B.C.
This is a guiding principle. We’re saying to all of the health regulators: “This is a guiding principle for you. This is where we start.” The starting point isn’t: “We’re going to keep people out.” The starting point is people come in.
I want to give real credit to the College of Nurses. We made an announcement in February with the College of Nurses around the triple-track proposal, the supports for people who are qualifying here, and it’s making a real difference. Some of that came from the ministry and the minister and us, and quite a bit of it came from them.
Seeking out and reducing barriers is a good idea. It’s an important guiding principle for the legislation, I think, to tell people: “In all of your actions, across the board, this is where we’d like to see you go, and this is where you need to go.” There’s obviously a debate with different professions about some of the restrictions. I think the member and I have talked about the requirement for certain practitioners new to B.C., who might have decades of experience, being under oversight for years, and whether that’s consistent with what we need to do right now.
This tells people that of course, you’ve got to protect people’s safety and make sure people are safe, but we want to see fairness given to extrajurisdictional practitioners. It’s right here in the guiding principles of the act.
S. Bond: Thank you to the minister. One of the things we hear most frequently about is the time it takes. So when we talk about removing barriers, is there an expectation that timelines and being more expeditious would be…?
Lots of people might ask: “Well, okay, what does this act do in terms of the current situation we’re facing in health care?” This is one of the things that would make a big difference, if we were able to see…. No one is suggesting watering down the credentials. I’ve said that to the minister dozens of times. But is there an assumption that the time it takes would be considered a barrier today?
Hon. A. Dix: I think so. It’s one of the changes that the College of Nurses has made and is really working on, as is the College of Physicians and Surgeons and other colleges. There are also, as in the public health care system, the member will know, very significant issues around allied health workers now and in the future. They’re very, very important. Often members of the Health Sciences Association are very important to our system. So yes, I think so.
One of the challenges for people who are coming here and want to work in Canada, for example…. One of the reasons we did a multiple assessment in the College of Nurses and they brought that in was to say you should be able to assess at the same time. You’ve got this set of skills. Maybe you’re not in this category. But it’s to assess all of your skills at once, so you’re not saying, “Oh, I’m sorry. You can’t be a registered nurse. You should apply again to be an LPN,” and so on. I think we need to do things that make a practical difference.
One of the challenges — remember, this is not the problem of regulatory colleges — for doctors is the number of residencies. To have residencies, you need current doctors to oversee it. It actually was a significant issue in the agreement we had with doctors, the recent agreement that we signed with doctors, which we hope is ratified. It’s to clarify the role they play, the teaching role that they play in working with residents, the new residents. That’s a capacity of the system issue, which is not, obviously, the responsibility of colleges. It’s the responsibility of, broadly speaking, the government and the system.
But yes, I think so. I think that that would be an expectation. For a lot of professions, there are both national and regional responsibilities. I frankly think that multiple jurisdictional requirements for nurses, for example, may have made sense at some time in the past. I think they make less sense now. That’s something that we have to assess and something I know our nursing college is looking at, because they are anxious to both maintain standards and to cut down the time and the complexity.
Often, the member will know, people will come…. They’re coming to a new country unfamiliar with these rules and ideas, and in addition to that, we put in place procedures that would be difficult for someone who has lived here all their life to pass their way through. All of those are aspects of it, and I think the member is quite right to highlight that question.
S. Bond: Thank you very much. I really appreciate hearing that. I do think that when people think about what the barrier is, probably the first one they think about is it takes too long. Again, it’s not about…. We want people to have the appropriate credentials to work in our province.
One of the other important principles in terms of exercising and performing duties under this act relates to providing opportunities for meaningful public engagement. Now, from my perspective, that is one easy thing to say, and it is measured differently by different people.
So are there going to be specific criteria identified by the superintendent, I assume, who will have responsibility to measure this, in terms of what “transparent” means? What does “meaningful public engagement” mean? Can the minister just speak to that whole concept of…? An important principle. The question is: how do you measure what meaningful public engagement is?
Hon. A. Dix: The purpose here in the guiding principle on the issue of transparency…. And by the way, this obligation for transparency and the obligation for meaningful public discussion also applies to the superintendent. So it’s not one rule for the superintendent in charge and the other rule for the colleges.
There are a lot of procedures of this act which ensure transparency, and one of the main issues that has been raised in the past by MLAs and by members of the public is a lack of transparency of processes of professional colleges — a sense that they’re a place apart. When the public enters there, they don’t get satisfaction with respect to transparency.
So there are a lot of places in the act where we’re establishing and putting in place a priority for transparency and for public awareness. You see this reflected through the bill, and we’ll be talking to them when we get to those sections.
What this says in the guiding principles is it tells you not to share — reasons of privacy would be an important reason; share when there’s an opportunity for consultation; and a need for consultation, consult. And that’s a good principle.
Now, the member, if this were question period, might get up with a series of other questions which we’ll set aside. I just want to acknowledge that I understand, and I appreciate her restraint at this point, in advance. I’m just kidding. But I think that’s the bias, and that’s why they’re in the guiding principles. Transparency and that role for the public is in the guiding principles and also through the act. It was an important consideration at every stage of this.
You know, a lot of people say they enter this process, and two years later they get a response, and it’s not very adequate, and they don’t know what happened. They don’t know if…. Well, that’s changing with this act, and we’re taking lots of measures to change that.
There was a particular priority, I’d say, of the member for Kelowna–Lake Country, for example. A lot of our discussions were focusing on those issues. So we’ve done that. But it’s also a principle broadly in the document. There’s a bias in favour of sharing and a bias in favour of consultation, and that’s directed in the guiding principles.
S. Bond: Thank you to the minister for that. I certainly think that it’s an important….
You know, the guiding principles are important. I know that having just finished the Health Committee report, for example, we put a series of important principles in that report, as well, that we believed were inherently important when it comes to the work that we did.
Are there additional public bodies and advocacy organizations who will be regularly consulted?
Hon. A. Dix: I’ll try not to do this too much. If you look at section 19, which involves the consultation by the superintendent, and section 387, which is about consultation with colleges, you’ll see the superintendent must consult — I mean, there’s a broad responsibility for public consultation in the guiding principles — with a series of groups that includes the public. So that’s consultation for the superintendent.
Section 387, which we’ll get to — I don’t have it immediately in front of me, but I will get it in front of me — talks about consultation, as well, and about notice, and so on — so people knowing that things occur. That’s a list of people that they must consult with, and that includes the public. That requirement is right there. It’s not consult in the guiding principles, but you can meet that with some minimum consultation. It lays out in section 19 some of the people you must consult with.
S. Bond: I guess just my final comment on this particular section. I think it does lay out for the people who actually have to do this work the expectations in terms of how they carry out their roles and what the important principles are.
While we might have some discussion about thresholds and definitions and how it works, I think it’s important and critical to be included. So I do want to thank the minister for providing us with clarity about the guiding principles.
Clause 14 approved.
Hon. A. Dix: Can I just ask for a five-minute break at this point? Clause 14 is kind of a guiding principles point there, and then…. Just five minutes, and I’ll be right back.
The Chair: Why don’t we make it ten minutes? We’ll be back at 4:30.
The committee recessed from 4:20 p.m. to 4:31 p.m.
[D. Coulter in the chair.]
On clause 15.
S. Bond: Thank you to the minister for that short break.
Clause 15. We’re talking, once again, about anti-discrimination measures. I had asked the question…. I will just ask it. I got the answer in the last section.
We looked at how this doesn’t apply in two other areas when it comes to division 5, part 3, and division 2, part 4. We talked about that, in terms of the guiding principles. Why does this clause not have the same limitations of not applying to those two divisions as clause 14 did?
Hon. A. Dix: The anti-discrimination measures are objectives that apply to regulators and practitioners. We had the discussion, a slightly different discussion, in clause 14. In clause 15, these measures apply to both.
S. Bond: I just want to be clear that this applies both to regulators and to people who provide health services.
Hon. A. Dix: Yes.
S. Bond: Importantly, this is talking about fostering an environment that is physically, culturally, socially, emotionally and spiritually safe with safe practices. Can the minister tell me…?
I know that we’ve talked about consultation and how we got where we are today. But again, it’s really important that there is an inclusive approach to what that looks like for various groups of people — BIPOC, for example, people who have, potentially, disabilities, all of those groups. What will be the expectation in terms of ongoing consultation about how you operationalize this?
Hon. A. Dix: I think this is where our bias…. I think it comes right through the process. And it reflects, I think, the bias of most legislators not to put these sorts of things into regulations but to put them directly in the legislation.
A lot of what was here was taken from the Mary Ellen Turpel-Lafond report, expanded beyond anti-Indigenous racism and including anti-discrimination — so beyond just racism, which is one form of discrimination. That is what we’re saying to health professionals, to health regulators: we expect this as a minimum.
There’s also the possibility to add to this in bylaws and other measures. In other words, these are guiding principles in the legislation, in the work we’re doing and in our pursuit of anti-discrimination measures. These are requirements for everyone. This is what we expect, and we want to put it in the legislation, not in the regulations. But it’s a floor, not a ceiling of those measures.
It’ll be part of the superintendent’s job to ensure that health professional colleges apply these, but mostly it will be the responsibility of health professional colleges, because it’s not the oversight body you want doing it; it’s the colleges themselves. So this applies minimum standards.
A lot of this was taken from Dr. Turpel-Lafond’s report, for good reason. I think she explored these issues extremely well and with application beyond them. Obviously, there are issues specific, throughout the discussion, to Indigenous peoples. That’s been reflected in our discussion with the member for Vancouver-Langara.
Those are a little bit of the outline of why this measure, why it’s in the act. It’s because we wanted, as much as possible, to have things that were important not in regulation. This is obviously central to how we view the health care system, which is culturally safe across the activities of health practitioners and, obviously, in the regulatory system as well.
S. Bond: I’m assuming that, again, it is.… When we talked about the definition of anti-discrimination measures, we talked about the fact that it was about an expectation, a positive expectation, rather than a reaction to when something happens, and then there’s a series of things that happen after that. I certainly understand the importance of having it in legislation rather than regulation and the response to In Plain Sight and Dr. Turpel-Lafond’s responses.
When we talked about the definition, we talked about: what are some anti-discrimination measures? Who will determine what they are? Is it the regulatory colleges? Is it public health institutions as employers? Is it by individual health practitioners? It’s one thing to have it written, but it’s: how do we operationalize that? Who’s going to determine what the anti-discrimination measures are?
Hon. A. Dix: To a degree, by putting them in the act, these are the rules, right? They all have to apply them. They have to apply them across health professions, whether they’re health authorities or whether they’re not a health authority and not a public system and that there….
I think there was a recognition in our discussion and our consultation that when you include definitions of discrimination that come from the B.C. human rights code, we needed a positive affirmation as well. We wanted to make that explicit in this code, and that’s why the language in the discussion is much more linked to the In Plain Sight report, to make sure that there was that positive affirmation, that these are the things we have to do to create a culture of safe practices across spiritual belief and culture, and so on.
I think when we say: “Well, where is it…?” It’s right here in the act, and that’s at the core of what our expectations are for health practitioners and colleges. And, yes, there’s a role for colleges and, to a degree, the superintendent — but for colleges and then practitioners themselves to make sure they’re engaging in a culturally safe practice. That’s our expectation. There’s a critical role for them. If they want to know where we’re directing that, we’re directing it right here.
S. Bond: I think we also need to acknowledge that probably in lots of places this already happens, but it’s important to be explicit, and obviously it has the weight of a law now, being part of this act.
In Plain Sight — again, I referenced it earlier. Dr. Turpel-Lafond talked about inconsistency and looking at how we standardize or how we provide a more consistent approach to these issues.
In the case of anti-discrimination measures, what resources are going to be made available so that people actually understand the objectives? This is new — and all of the definitions and all of the expectations. Probably, in practice, much of this takes place anyway. But what resources, what tools will be made available so that people actually understand what the expectations are?
Hon. A. Dix: I think it’s critically important in these things. The member is right to identify that, because you want people to be well informed, because we don’t want the colleges to be investigated on why they’re not doing it and spending resources doing that. We want to have a situation in place where people are doing it, and that’s the purpose of this being in the act.
There’s no question we’ll probably have to provide some support to them to do that — no question about that. But they’ll have to reach out beyond their colleges to the very Indigenous groups we’ve talked about — also, as the member identified, it’s other groups — to make sure they’re meeting those standards. That includes, for example, people living with disabilities and others in the community. So it’s not just….
I mean, obviously, there is something very specific, and there are a lot of specific sections about DRIPA and the rights of Indigenous people, and so on, and that’s critical. But there are other expectations as well, and those are included here.
Absolutely, I think they’re going to have to reach out beyond it, and there will be a standardization of some of that, as we discussed earlier, but this creates a positive expectation — and for practitioners. If we do a good job of communicating that, then there will be, by definition, much fewer investigations for people not affirming this in the initial instance.
S. Bond: I’m just going to ask permission of the committee to introduce a guest we have here in the committee room. It’s very exciting to see Ben Halford here with us today. He is in grade 9, and he is job-shadowing his dad today.
We just want you to know that this is the kind of homework we do around here, Ben. So don’t worry. When you get homework, it will not be this size of a binder that you have to deal with.
We want to welcome you to the Legislature. I’m so glad that you’re here and getting a chance to see your dad in action. So thank you for joining us today, and I know the Minister of Health is very happy that you’re here to watch us do this very important work together.
I think it is important that there is a willingness to look at how we provide resources, because it’s one thing to put it on paper. I also, again, want to recognize that there are probably lots of health care practitioners and regulators who already promote these objectives. So we shouldn’t assume that it doesn’t exist, but this just codifies it, basically, and makes it a positive expectation.
I’m wondering if the minister could just describe for me examples of anti-racism approaches. It clearly articulates that in this clause. Could the minister just describe for me what anti-racism approaches might include?
Hon. A. Dix: Actually, interestingly, I met with Ben earlier, and he’s going to be providing me with a detailed scouting report on his dad. I’m looking forward to that later. That’s important. We’re always working here, whether he kicks with his left foot or his right when he plays soccer, that sort of thing. We like to get ready for it.
It’s good to see you, Ben. I already offered him the book, by the way. But it’s great to see you again.
We have nothing but Diet Pepsi in my fridge, so it was all good. It was all pretty safe. I want the Leader of the Opposition to know that Ben took the caffeinated, and the member for Surrey–White Rock took the decaffeinated today. I think that’s good, and I think that probably makes a lot of sense to the member. I won’t say anything more about that.
Obviously, there’s a whole element of education measures that take place, but also in our quality assurance processes, to make sure and have ways and measurement of how we implement culturally safe environments in health care. That is the most important thing, that people feel like…. The In Plain Sight report, we should say, shows that they do not. All of those measures that we’ve taken, we think that they do not.
The positive affirmation that we do. Those are the kinds of processes that we’d like to see and that will be brought into place to ensure that these measures are put into effect.
S. Bond: If we could for a minute, I want to focus a little bit on sub 15(2) because it speaks to regulatory processes, including all of the following. It goes on to speak…. Obviously we want to treat regulatory participants respectfully, and meaningful communication. All of those things are incredibly important.
Does sub (2), then, speak directly to regulatory colleges only, or does it also include health practitioners?
Hon. A. Dix: Sub (2) does refer to regulatory colleges and the superintendent. I should say “in addition to that.” When I say one, I almost always mean the other as well. That is those processes and includes, obviously, complaints, which is important; but also licensing and registration; quality assurance. All of those meet that test in regulatory process. That’s (2).
Then the member will ask about (3) in a second, but that obviously goes well beyond the regulatory colleges.
S. Bond: I’d like to look at sub 2(c). I think it’s important that there is a process to identify discriminatory practices, policies, programs, structures, etc. Is there a defined process? Or is that something that colleges determine? How is that done? How will discriminatory practices be identified?
Hon. A. Dix: The colleges will have to do regular reviews of all their processes, and then the superintendent will do checks on those reviews, to make sure that they’re meeting the expectations of the legislation.
S. Bond: Jumping just ahead, I just want to…. As we’ve worked our way through these sections, obviously, the role of the superintendent is very much about accountability in terms of the oversight role, making sure that colleges are doing what’s expected of them in the new act. So I know we’re going to talk more about the superintendent when we get way down to, I think, 14 or something or other.
The minister actually used the word I’d like him to define. How does the minister define “regularly”? Are there specific expectations that it’s yearly, that it’s every five years? What does regularly mean?
Hon. A. Dix: We haven’t defined regularly, but for those that might be listening, I would say regularly is at least every year. That would be my expectation, anyway. But that’s what it means. I don’t think people see regularly as every five years — I don’t think they think that — or even every two years. I think they mean at least every year.
A regulatory college might pursue it in a different way, where they’re doing it monthly but in a different process, and then have an annual review. But I would say regularly means every year, at least.
S. Bond: I appreciate that answer, because one of the things that I think we all need to remember is that as we bring a new act, the interpretation of that act is absolutely critical, and conversations like this will actually inform how people do what is expected of them. So when there is a word like “meaningful” or “regularly,” they’re going to be looking for some sense of what that actually means.
I think my preference would have been…. I’m certainly not going to make an issue of it. But it simply could have said annually or whatever time frame the minister was thinking of.
Again when we…. Does the minister have any examples of…? I guess we could look for guidance to the consultations that have taken place and also In Plain Sight, but could the minister provide us with an example of a discriminatory structure that exists today?
Hon. A. Dix: I think it can take different forms. I think that we, to an extent…. You could point to, say, an incidence or incident that occurs where someone isn’t treated well individually. But it also might include, for example…. If, in a community of people, one group of people wasn’t making any complaints or wasn’t heard, I think you’d have to look at your practices knowing that.
Say 25 percent of a community includes that class of people, and 1 percent of the participation of the complaints came from there. I think you’d have to review your practices. Maybe that would mean, in that community, that you need to have information available in another language, in that circumstance. Not that you do every language in every community all the time, because that’s not, maybe, realistic, although we have some of that means in health care.
It may be that a certain form is impenetrable for a certain group of people, for example. I might use myself as an example, because you want to be careful when you use real-life examples. If a form were in French, I speak French reasonably well. But a whole bunch of forms, if they were in French, I’d have a lot of difficulty with. I’d take a lot more time, and it might be seen to me — if that was only in that language and it wasn’t my language — as an impediment. So I don’t make a complaint.
Part of it is ensuring a proactive approach and assessing, both at an individual level but kind of at a systems level, what proactive steps you can take to ensure that everyone feels — I don’t think that the right word is “welcome,” because a lot of these processes are difficult — like they can participate and be in the process and treated fairly in the process. I think that’s what I would describe.
S. Bond: Thank you to the minister for that. Actually, he read my mind in terms of where I was headed, especially when it comes to the issue of language. When we look at the other…. Other expectations here relate to “meaningful communication between patients and regulated health practitioners.” Language barriers are significant.
One of the things, when I looked at this (3)(b), when it talks about “open and effective dialogue that encourages patients to participate in the decisions that affect them….” I’m sure the minister knows — and I hear it as well — that seniors are often in a place where people talk about them, not to them.
I am hopeful, looking at a clause like this, which says that’s not acceptable and that they need to, despite age or fragility, be included in that dialogue…. I actually really appreciated that language about how we actually need to have people participate in decisions that affect them. Language was certainly one of the things that I considered.
The other thing, again, as we look at discriminatory practices, looking also at persons with disabilities, we’ve talked about that — deaf and hard-of-hearing individuals. Again, the expectation is a positive expectation, that there will be a lens that’s applied to ensure that people who may experience discrimination or barriers would be considered in health care practices. Is that how the minister views this clause?
The Chair: Minister.
Hon. A. Dix: Thank you, hon. Chair. That’s four words.
Yes.
S. Bond: You see, Ben? There are some yes-and-no answers available here in the committee room.
Interjection.
S. Bond: They’re few and far between, but they do come.
Is there a way of measuring or evaluating…? Again, we’ll go back to the role of the superintendent. Will it be the superintendent’s role to…? Well, I guess it first starts at that college level that looks at their members in terms of adherence to these kinds of guiding principles and expectations.
The general question is: where is the accountability mechanism? How will it be measured — whether these standards are being met?
Hon. A. Dix: I think you can measure processes. You can measure participation. You can measure engagement. You can take measurement around complaint and type of complaint. Those are some of the measurements.
It will be the role of the superintendent to measure the health colleges as, perhaps, compared to one another and each one and to oversee that. There will also be a role for the health college boards to do that as well.
That would be our expectation of the boards, where the management, the CEOs, of the health colleges would be putting in force these measures. We would be expecting the boards to look at this and see that as part of their obligation, to ensure that there are appropriate measurements provided.
S. Bond: So just maybe to fine-tune the point from my perspective, what is the level of individual responsibility that’s set by the clause? I understand that it speaks to regulatory colleges. It is a positive expectation. But what is the level of individual responsibility at the health practitioner level?
Hon. A. Dix: These are very specific obligations to practitioners in 15(1) and 15(3) here. I just want to note to the member…. I know we’ll get there, but clause 492 allows me to order specific information and monitor discrimination measures, should that be required. More likely, that would be the superintendent, but it does allow me to order that as well.
By “me,” I mean the Minister of Health — for a week or two.
S. Bond: We won’t go there.
Hon. A. Dix: It’s question period.
S. Bond: Please, don’t make me say it again. [Laughter.]
We’ve already had a conversation, the minister and I, about that. He thinks I’ll be asking for it for quite some time into the future.
Hon. A. Dix: At least a week more.
S. Bond: You were more confident yesterday, Minister. I want you to know that.
All right. Back to the serious work at hand here. Could the minister describe for me what is meant by “prescribed objectives”? What may become a prescribed objective, or why is it necessary to include that? Is it sort of the “and other duties as assigned” clause? Could the minister just describe that for me?
Hon. A. Dix: Just to note two other sections of the bill, section 72 and section 216, which require practitioners to take anti-discrimination measures. The purpose of this is similar, as the member suggested. We understand that this may evolve over time. Right now, we have these two, but there may be, as practice evolves, need to expand that. That’s what this opportunity to prescribe other objectives would be.
S. Bond: I’d like to ask a question. I know that we did have a discussion in the earlier stages about GBA+, but…. I know that the minister knows this. As the bill was put together, there were some very specific issues addressed, and rightly so. But one of the things that I’m concerned about is the fact that there is gender-based discrimination in health care, and that is well documented — that often, women are treated very differently in the health care system. That’s a significant concern. It didn’t start yesterday. It has happened, probably, since the beginning of time.
I’m wondering if the minister considered or has thought about why there were no specific measures to really look at what is medical misogyny — that’s what it is — that exists in our health care system. I’m wondering if he has given any thought to gender-based discrimination and if there’s a way…. I’ve read all the words. I know that it is an inherent issue. Would an explicit reference at least help to draw attention to that issue?
Hon. A. Dix: I agree with the member. That’s why, as we’ve discussed, we’ve used the term “discrimination” here. It would absolutely include that. That absolutely would be a positive expectation — but also age and also understanding that these things come together.
We saw in the In Plain Sight report the differential impact of racism on Indigenous women — even against Indigenous men. That was significant as well. All of that’s true. Also race or skin colour. Also all of the issues around LGBTQ discrimination and others.
That’s the reason why we want to do it this way — so that we weren’t necessarily laying all those out. They’re prescribed, but other potential forms and evolution over time. It’s the very reason why this is anti-discrimination, not just anti-racism. Anti-racism is there, but there may be all of these other circumstances involved that might include….
At one time in our lives, there was a very significant movement in this province against French. There were rallies. One can imagine that language of origin might be another issue, or other circumstances. That’s why it’s discrimination.
The member is absolutely right. It’s an important reason why we have debates — to send this message very clearly that we know that exists. We know that exists within communities as well. It’s our expectation, when we talk about anti-discrimination, that it absolutely includes all of those things. So gender-based and, also, obviously, language and race and orientation and other questions. We want it to address all of those questions, and that’s why we’ve used the term “discrimination.”
If the member is asking, “Well, does it include that?” you bet it does. It’s a significant issue in health care. It has been for a long time. It is now.
S. Bond: I appreciate the minister’s awareness and response about how important it is. I certainly understand that there is a spectrum of discrimination. One of the things that I struggle with is…. If it isn’t explicit, at times, it is hard for people to grasp the magnitude of that issue.
I think it goes back to, in fact…. When we stop and think about it and think about even just the work we did on the Health Committee…. Indigenous women, for example, are almost ten times more likely to die of an overdose. And you start layering on all of the reasons.
I appreciate that. I think that’s why, in my final comment on part 1, section 15, having a set of expectations and ensuring that there’s standardization and consistency across the regulatory colleges and expectations for their health practitioners is going to be really essential. That is, ultimately, what Dr. Turpel-Lafond said related to, obviously, In Plain Sight, but it’s true for all of the other forms of discrimination and how we work to change that culture.
With that, hon. Chair, those are my last comments related to section 15.
Hon. A. Dix: Just to say that I agree wholeheartedly with what the member said.
Clause 15 approved.
On clause 16.
S. Bond: We’re happily moving on to part 2, which now is talking about designation and model of regulation. We’re actually moving into another section.
This division, division 1, talks about designation. In clause 16, it says: “The superintendent may conduct a designation assessment for the purposes of assisting the minister.” Could the minister explain what that means in terms of assisting the minister?
Hon. A. Dix: One of the important parts of the legislation is this part, which is a real focus of, I’d say, the member for Cowichan Valley and myself. It is how we appropriately designate new health professions or change the way we regulate a given health profession.
There are a number of factors to be considered. One of them, of course, is risk, and you’ll see that as we get to section 22.
This allows the superintendent to provide their counsel and analysis and assessment in determining whether to designate a health profession. This allows them to do that and then provide that information to the minister or a health occupation, as the case may be. So you see the reference to the later section. This is part of the superintendent’s job — to either identify and then provide that or to provide an assessment of risk to assist the minister.
S. Bond: Just to confirm with the minister, then. For example, we’ve had some discussion, as the minister referenced, about clinical counsellors. We’ve had a discussion about social workers.
Is this where the superintendent does an assessment of whether or not that particular health profession or occupation should be regulated? He or she would make that recommendation to the minister.
Hon. A. Dix: Yes. I mean, it’s our intention to proceed with the two mentioned by the member. I think there’s broad support for that.
Let’s just say ambulance paramedics, for the sake of argument, who are regulated now under the EMALB. If they were to wish to, then there might be an appropriate risk assessment provided, and able to be provided, by the superintendent to aid us in that task, and it would assess things such as risk.
Clause 16 approved.
On clause 17.
S. Bond: Can the minister provide an example of when it would be in the public interest to conduct a designation assessment?
Hon. A. Dix: I’ll give you a very specific example. When a committee of the Legislature — this happened yesterday — says that we should be regulating clinical counsellors. When there’s a public interest case for professional regulation, then I think that sets the standard.
In the case of the diagnostic and therapeutic professions, they’ve been looking for this for some time. They’ve been actually delayed in this process that’s been developed in terms of the creation of their own college, which they had wanted to do for some time, as the member will know.
There’s clearly a public case, they’ve been making it for a while, and they have the support of the profession, so that makes sense. There may be others. That may also be true of health occupations. It may be our desire, for example, to do that with health care assistants, although we’re not there yet.
So they must conduct the assessment, if asked to by the minister, and may conduct it on their own initiative as well. This allows two ways of going about it. The third, obviously, is that he must give us notice after forming the opinion. He just has to give notice, in that case. In the latter case, if that’s the direction, then he must provide the assessment. I think that gives us two ways of addressing it — which, I think, is the right course here.
S. Bond: In sub 17(3), could the minister just describe what “reasonably practicable” means?
Hon. A. Dix: I guess it’s different from “as soon as possible,” in a sense. Say that he forms the opinion at 11 o’clock on a Thursday night. He doesn’t have to inform me at 11:01. In that case, “reasonably practicable,” if he has prepared the opinion and written it, might be the next day. If he has decided, but he needs to write it, that’s a few days.
Reasonably practicable means just that — within reason, as soon as possible.
S. Bond: So no specific timeline, but there is an understanding that it would be whatever is reasonable.
Also, clause 17 talks about the fact that “the superintendent must give written notice to the minister….” Is there no requirement, then, for the superintendent to notify the public at the same time as the minister? It notes that he must give written notice to the minister. Is there any expectation about when the superintendent would inform the public?
Hon. A. Dix: Yes. The superintendent will be informing whoever is the Minister of Health that they’re going to do a designation assessment. Then we get to section 19, and they have to have a consultation process. That’s detailed there. I don’t know. It could potentially be a short period of time — once they’ve determined to do that, before they inform people — but the expectation is that if you’re going to proceed, you’ve got to inform people. That’s what you’d need to do.
Clause 17 approved.
On clause 18.
S. Bond: This clause actually gives considerable authority to the minister to determine how a designation assessment may be conducted. Can the minister just clarify the authority given here in the act? Does that mean that the minister may give direction for each designation assessment as it occurs, or for the broad set of expectations around any time a designation assessment happens, as a whole?
I’m getting a quizzical look, though not from the minister. Is it case by case, and the minister may give directions? Is it a specific designation assessment, or is it that once and for all, he or she would lay out the expectations around that assessment?
Hon. A. Dix: It’s “may.” The minister may give direction on these questions — may. You also can choose not to give that direction, but if you, say, want that response in six months, as it might be, or whatever the number, you may give that direction. It may be different in different cases, because the complexities are different in different cases.
This has been a long-standing issue, without getting back into clinical counsellors and the different kinds of people designated as counsellors. That may be a more complicated question than a more worked-out question around the diagnostic and therapeutic professions. There may be a longer requirement, a longer need for consultation and assessment, for reasons of complications involving the profession. There might be a reason for that.
I want to note that this is a change, that the minister gets to do this. There is a role for what’s called the Lieutenant-Governor-in-Council, the cabinet, to direct. They can direct me — or whoever the next minister is, or the one after that or the one after that — to do that as well. The cabinet can also direct the minister. You’ll see that in section 20, I think, that’s coming up.
Yes, I can give directions of that kind to the assessment, the reports that I receive and the information I want. It kind of makes sense. If it’s a designation assessment that the minister is asking for, then the minister should give some direction as to what they would like to see. If it’s a designation assessment that the superintendent is asking, equally, they would probably set out their expectations, but they would do that themselves in that process.
If the minister is asking for a designation assessment, then they should also ask: “Well, when do we need it? What information do we need?” In some ways, it’s not an extension of the authority of the minister but, rather, the accountability of the minister to be clear about what the minister wants.
S. Bond: Thank you to the minister. Again, I want to just clarify, though: “The minister may give directions….” That is interesting. There’s always a discussion, in drafting, about “may” or “must.” This is “may.” The minister can direct an assessment.
Could the minister just clarify, again, the relationship that cabinet would have? Are there two opportunities, then? Am I jumping ahead? I think it may be somewhere else. Can the minister just clarify? The minister can direct a designation assessment and provide all of the details that are listed in subs (a) through (e), but cabinet may also do that?
Hon. A. Dix: Sorry, I misspoke. It’s section 520, which gives the cabinet the right, as well, to effectively direct the minister to do that. So that is an opportunity for cabinet to do that as well — to maintain their existing ability to do that but also say that the minister can direct. The latter is the change, I would say.
To a degree, it increases, at least for getting the designation assessment, the authority of the minister to do it, and we lay out some of the things the minister should do. Again, No. 3 indicates that should such direction be given, effectively there’d be notice to the public so that they understand the scope of the assessment.
S. Bond: In relation to sub 18(2)(d), again, this is new, and the minister is going to have authority to set details related to scope and dates. I’m interested in sub (d) because it talks about “respecting information that must be made publicly available in the course of conducting the assessment.” Transparency is going to be critical in a new process like this.
How would the minister weigh or determine what would be made public? One would assume that the minister would want to be as publicly transparent as possible. But what degree of discretion…? It sounds like it’s completely at the discretion of the minister — what’s made public in terms of the designation assessment.
Hon. A. Dix: The transparency is built into the legislation. The minister can’t reduce that. The minister can’t reduce it in any way. But what I could say is: “I’d like a public hearing. I’d like cameras on that public hearing. I’d like every firefighter in the province, if they want, to be able to see that public hearing.” So that’s in addition to….
There’s an obligation on the superintendent to be transparent that’s reflected here, and I am not limiting that in any way. But what it’s saying is that there may be reasons why I want to be even more so about this — or, alternatively, involvement of particular groups; or, alternatively, say, advocacy groups.
You could imagine, as part of that transparency, if we were assessing clinical counsellors…. Again, we hope to deal with that process as we’re going in here. But if we were doing that, I might say: “Well, I don’t expect you just to let everybody know. I expect that specific groups will be regularly informed as to what you’re doing, more than normal.”
[R. Leonard in the chair.]
I’ve decided, because we’ve met with the Canadian Mental Health Association or whatever, the B.C. branch or whatever, that I expect them to be informed. You can’t make it less; you can only make it more. That’s the way the legislation goes, and there may be some reason that the minister might want that to happen.
S. Bond: I just want to be very clear that, obviously, more transparency is better. So this does not allow the minister — not this minister necessarily, but the minister — to reduce the level of transparency, but it is additive. In other words, they may be unique ways or things that the minister of the time wants to use in order to get that information out. So it is additive. There is not an ability to say, “I don’t want anything to be public,” for example.
Hon. A. Dix: That’s right. I think it’s important, and that’s why those issues of transparency are so much part of the guiding principles in other parts of the act, and — we’re going to get to that in a minute — the consultation process required.
There needs to be a very detailed consultation process required, because you’re talking about a new profession. Effectively, you’re talking about fees — another thing. There’s all that expectation, but a minister might determine that there needs to be a little more than that. There needs to be more than that, more than the required consultation, more than the required level of transparency — for example, what I talked about, some form of public hearing.
Should that be the case, then the minister may give direction — not “will give” direction, not “has to give” direction but “may give” direction. But the minister cannot be giving direction that, “well, you can’t talk to anybody about it,” because that would be contrary to the act.
S. Bond: In 18(3), the superintendent is required to publish a notice respecting a number of things. At the beginning of a designation assessment, a notice must be published by the superintendent. Is there an expectation about how broadly that notice would be…? How would that be done? What is the scope of that expectation? Is it put it on the Internet? Is there a sense of the breadth of that requirement to publish a public notice?
Hon. A. Dix: No, it’s not defined here. Things are changing quite quickly in terms of what we’re able to make available, so we wouldn’t want to necessarily legislate that. But you’ll note, when we get to the next section, the number of people that have to be consulted with. By definition, when you have to consult with them, you have to inform them about what you’re consulting about.
That’s for starters, which includes the public but also all these other groups, post-secondary institutions — because of course, often these are about credentials, and so on — and people who practice the profession itself. I think there would be a broad expectation. Obviously, the interest would be different. If we were talking about a designation assessment for — I don’t know — let’s say ambulance paramedics, then obviously, there would be greater interest amongst ambulance paramedics than there would be in the broader population, although there might be both.
Clause 18 approved.
On clause 19.
S. Bond: Obviously, there is some overlap between clause 19 and the beginning of clause 20, but we’ll work our way through this.
Can the minister describe for me how this process is different than what is under the current Health Professions Act?
Hon. A. Dix: It’s quite changed in the following respect. Right now, it’s the minister who has the responsibility. Typically, I’d probably be asking, obviously, the deputy minister, and he’d be asking Mr. Westgate to do that, in addition to the many other things that he’s doing. That’s the process. There might be engagement. There might not be. But there’s not much information.
We are creating a body that has amongst its responsibilities to do these assessments, and then we’re laying out who needs to be consulted with. Basically, none of these requirements exist now, although as a practical matter, absolutely the case when new colleges have been created. Such process has been put in place by previous ministers. The last, I believe, was Minister Hansen, but I might be wrong on that — and obviously, in our processes around merging health professions, Minister Lake, and then myself, on nurses, and so on.
That’s the process now, and the process now is not very well-defined. This creates a new body to do it, and it sets out “must consult,” including the public, a set of requirements for that consultation.
S. Bond: When we look at sub 19(1), it talks about the fact that it is “the opinion of the superintendent….” It’s up to the superintendent to determine similarity. So when you’re looking at assessing a designation, the superintendent is required to look at “the same as, or similar to.”
Are there any standards or expectations around that, or is that solely left to the superintendent and the opinion of the superintendent to make that assessment?
Hon. A. Dix: Yeah. It’s dependent on the superintendent. It’s their responsibility, yes.
S. Bond: Let me just walk through this. If there is a designation assessment underway…. It is the superintendent’s job to look at whether a particular type of health service best fits within a group. Or is it simply about…? It does speak to the fact that it is similar to or substantially the same as. So is it about assessing a particular health service against a group of other health services to judge similarity?
Hon. A. Dix: I guess, in an assessment, you may find…. If people are providing similar work, you may need to include them. So that’s the purpose of the definition here.
Obviously, part 2 here is talking about what the consultation should be. But part 1 is suggesting that it may be the case that there are people doing similar work. Counsellors before us wanted to talk about it generally, but one can imagine that in that area. You might discover, through the consultation, that there are people doing similar work that you want to include in that process.
Sometimes they’re called different things as well. I mean, we’ve had a discussion about client against patient, right? So the designation there is to…. There may be people doing what is effectively the same thing but calling themselves different things. We just want to make sure here, when we review an area for a designation assessment, that we’re not missing out a group that may be involved in that.
S. Bond: That was a more articulate answer than a question. I appreciate that.
I want to ask the minister about the use of the words “all of the following.” “As part of a designation assessment, the superintendent must consult with all of the following….”
Let’s just take sub (2)(f), for example. It says that “post-secondary institutions in British Columbia that provide education and training programs with respect to the practice of the health profession” that’s being considered for the assessment….
Does that mean, for all of the post-secondary institutions that would have programs that are relevant, that there would be a requirement to consult with all of them?
Hon. A. Dix: Typically, in a profession, there will be a program somewhere in B.C. — and, maybe, many places in B.C. — that creates that profession, whether it’s a dentist or a dental technician or whatever it is. Yes, it’s important to talk to them, because they are the ones doing the education and meeting the standards. So it’s important to talk to them.
It may be important to talk to them even if they’re not. We’ve talked about it before in Committee of Supply. This is where issues around physician assistants become relevant. In that case, we don’t have those programs now, but it may be useful to talk to the sector anyway.
What we’re saying here is…. If there are post-secondary institutions that are having doctors right now…. It would be UBC and, hopefully soon, UBC and SFU. But for a whole bunch of other things, nursing and other professions, counsellors and other professions, there’s a requirement here to talk to the people who are training them to make sure you’re making the right decisions. Not doing that I think would be a mistake, and that’s why it’s specifically designated here.
The Chair: Before I recognize the member, we have the member for Nelson-Creston.
B. Anderson: May I seek leave to make an introduction?
Leave granted.
Introductions by Members
B. Anderson: I just want to welcome my friends from Nelson. We have Nelson from Nelson, Glenda from Nelson and Haydin from Comox. Haydin is a grade 12 student and on the provincial lacrosse team, Team B.C.
I just wanted to bring them in here. I think it’s such an incredible bill — and to be able to hear the minister and the member in committee stage.
Thank you very much for indulging me.
Debate Continued
S. Bond: Welcome to the committee today. We appreciate you being here. Not the most scintillating conversation but really important. When you’re creating law, you want to get it right. That’s the discussion that the minister and I are having.
I certainly agree with the minister that these are important groups of people to talk to, and I think it’s great that it is included as a requirement. I just want to be very clear about…. It does say “with all of the following.” All of the following, actually — what the minister is saying — refers to the groups or the organizations that are noted below. If you read this as “with all of the following….”
“Indigenous persons who provide similar types….” You could be speaking to…. You could interpret that as you have to speak to every Indigenous person who is providing a similar type of health service.
What I want to be sure about is that we are talking about a group of people who fit within that particular classification. Is that accurate?
Hon. A. Dix: I think it would be really cool if the folks from Nelson had the last name of Nelson. I think that would be…. I’m not sure if that’s true. We only have first names. And the same for Comox. I think that would be really cool as well.
Interjection.
Hon. A. Dix: That’s Nelson squared. It would be really good.
The short answer is yes.
S. Bond: Can the minister describe or explain to me why, for example, professional associations are not included in the list to consult with?
Hon. A. Dix: We’re engaging with every person who practises a profession in some way — and the designation. By definition, the professional organizations, who are advocacy groups, would be involved in that. We don’t have to include.
It’s not a must here but what is the must is, especially if, say, the member was a clinical counsellor, and we were looking at that prescribed class for us to engage and find ways to engage with people who are involved in that or equally with nurses or others if we were changing designations or making a change in the designation assessment.
That’s the reason why we’ve got to do…. This is a very broad description that doesn’t include necessarily advocacy organizations, but I guarantee you those advocacy organizations would know about it and be involved.
S. Bond: Thank you. I’m certainly appreciative of the fact that it is a broad consultation. The fact that it’s, in essence, codified, I think, is important.
I did want to ask. Considering the amount of work and effort that has been done to look at the issue of cultural safety and inclusion of Indigenous peoples, UNDRIP, how will it be determined or what will the mechanism be for determining which Indigenous persons would be consulted?
Hon. A. Dix: The purpose of this is to potentially lead to a regulation, and there is a requirement to consult with Indigenous organizations on that. What we’re getting at here is there are some Indigenous practices that are in parallel, potentially. I think the member will know what I’m talking about in the area of counselling, since we’ve been talking about that, but others where there may be Indigenous practitioners who are involved in something parallel. They must consult with them, and they must consult with Indigenous organizations later.
There’s an argument, I suppose, that it would be good to do it now. But you have to do it later in any event, but maybe doing it now would preclude or shorten the period later. But in any event, they have to do it later.
This is just the assessment process. We’re saying when you’re making an assessment, you have to talk to, potentially, Indigenous practitioners doing similar kinds of work.
S. Bond: Thank you to the minister for that answer.
I’m assuming that this would line up. When we speak of Indigenous practices…. It’s one of the discussions we had in the definition section of the bill, where we talked about including traditional and contemporary Indigenous practices. So there would be a determination made after consultation of how that definition would be reflected in the consultation process itself.
Hon. A. Dix: Yes. There’s really a positive requirement to search that out. So it’s not just a matter of: “Oh, we didn’t know.” You’ve got to search out and make sure that this is captured, and then the consultation happens. That’s why the utilization of “must” is important here.
S. Bond: When we look at sub 2(e), it refers to employers, actually, who employ persons who provide similar types of health services. Would that include, for example, small businesses, small business operations? You can imagine that there is quite an array of who might hire a particular health practitioner. Does it include public health authorities? Would it include, perhaps, even larger corporations who may have health care practitioners?
Could the minister describe who would be…? What employer group are we referencing here in sub (e)?
Hon. A. Dix: One of the issues we’ve had, actually, in these processes is frequently health authorities aren’t asking to be involved in these processes at all, and they’re the ones who need to hire professionals and fill professional positions equally.
You can imagine the Insurance Corp. of British Columbia, which is a major user of, for example, physiotherapy services in various things that they would be…. What they’re saying is: we have a new provision that says that we have to provide that under these circumstances. They might be interested in how we deal with designations.
But equally, because a very significant number of the professions being regulated here are not public health system, it’s to ensure that those major employers are connected with. So it may be that organizations…. If we were not regulating chiropractors, say….
If we weren’t recognizing chiropractors, all the groups that use chiropractors in broader health businesses — you’d want to connect with them. So what it just says is: we should talk to the people who are employing this health profession or occupation. It might, for example, include….
Very specifically, for example, we saw our former colleague Terry Lake today. We were talking about designating health care assistants, that employer organization: the B.C. Care Providers, the Denominational Health Association and the B.C. Seniors Living Association, etc. So that’s what we’re talking about there, but that includes health authorities and public bodies as well.
S. Bond: Thank you to the minister for that response.
When we look at sub 19(g), the superintendent is obviously required to consult with the public. Is there a set of expectations around how that would happen, or is that up to the discretion of the superintendent?
Hon. A. Dix: In general, yes, it’s the superintendent, but the Lieutenant-Governor-in-Council does have the power to make regulations regarding public consultation under 531(b) of the act.
Clause 19 approved.
On clause 20.
S. Bond: I’m just curious as to the use of the word “may” in terms of gathering information from other sources. It’s not required of the superintendent to actually look at things, for example, like seek expert advice, looking at research, those kinds of things.
This is discretionary, then, on the part of the superintendent in terms of obtaining additional information?
Hon. A. Dix: Yeah. I would expect that they would use many of these in hearing, but maybe not all of them in every proceeding.
This is giving some direction to the superintendent. It’s “may” instead of “must” in this case, because when the consultation is a “must,” the “may” is, I think, a responsibility to the superintendent to make sure that the process is robust and meets the test. It may not include every one of these ones in every designation assessment process, because some of them may be narrower than some of the ones we were thinking of, which are new professions.
S. Bond: Again, it’s a great example of the “must” and “may” that we experience in legislation and the huge debates that take place as to whether it should be “must” or “may.” I appreciate that it gives the superintendent the scope necessary to do additional work if that’s required.
I’m curious. Sub 20(1)(f) is: “do other things that are authorized under the regulations or that are necessary to comply with a direction of the minister.” Could the minister describe what “do other things” refers to?
Hon. A. Dix: It’s not Christmastime yet, but we made a list. We checked it twice. This assumes that there may be other things that aren’t listed here and that should happen. It allows them to add to that list, to comply with those wishes. Again, we don’t necessarily know what those might be, but remember that the designations and the purpose of them are to satisfy the public interest. So there needs to be broad consultation and a broad assessment.
There may be other things. These are the ones that, as we were developing the legislation…. And, therefore, they’re listed here. Really, the purpose of the last one is to say: “Well, it’s not limited to that, and there may well be other things to meet.” It’s because, if the designation assessment is directed by the minister, there may be other things that aren’t considered here today and that the superintendent may need to do, to provide a recommendation as to what to do in the public interest.
S. Bond: I want to explore two other things in this clause. Could the minister describe when he thinks it would be an option for the hearing to be private? “Hearings must be public unless the superintendent is of the opinion that, to protect the privacy of an individual or for any other reason….”
Could the minister just give us, perhaps, an example? I think I understand the “privacy of an individual” part, but what other reasons would there be for all or part of a hearing to be held in private?
Hon. A. Dix: I don’t really see a potential private financial consideration. One can envision that somehow, maybe. More importantly, I think, say an individual — we won’t name any profession in this — were opposed to its designation because of a bad experience they’d had, but they wanted to speak up about it, and they made that case. You know, they said: “I have some information to bring on X profession — or potential profession. I want to speak to you, and I want it to be heard, but it involves matters very private to me.”
I think it would be reasonable for the superintendent to say: “Yes, I have responsibility for it to be public, but I want to hear this person who has something to say, and I can only hear them if it’s held in private, because otherwise they might be restrained.” I think giving that opportunity to them…. The default position is that they be public, and the member went through a process. I was familiar with lots of the process, but some of that discussion could potentially have happened in person.
One could imagine a family member in that process who really wanted to speak to the committee, but the committee decided to go in camera for reasons of personal privacy and protection. I think most people would see that as appropriate. We wanted it to be the default position to be public. But there may be circumstances that we’ve all been through…. There’s a children and families committee, for example, of this Legislature that frequently does that, not because they’re not wanting transparency but because they want to hear from people, and that is the only way to hear from people and maintain their appropriate privacy.
S. Bond: I appreciate that perspective, because I do think it is important that the default position be public and that it is an exceptional circumstance that would move to what is basically in-camera. Obviously, there’s that provision in most of the processes that we’re involved in. In essence, I see it as enabling, but certainly not an expectation that it would happen on a frequent basis.
The other thing I just want to highlight: I think it is important to know that the superintendent can actually, as I understand it, apply to the Supreme Court to compel someone to come and participate. Could the minister just speak to that? What circumstances would warrant going to the Supreme Court to have someone speak to an assessment process?
Hon. A. Dix: Typically, I’d say, they wouldn’t use this. You can envision circumstances, for example, when information was required in a timely manner, and an individual or group that you need to provide that information was putting you off, and you would do that. But I think that’s a fail-safe. It’s not something I would expect to be used, and probably it wouldn’t have a lot of utility. But this picks up on some of the requirements of the current Health Professions Act in this case. That’s why it’s there.
Clause 20 approved.
On clause 21.
S. Bond: We’re moving on, obviously, and we are speaking at this point about risk assessment. Can the minister speak to that? Will the criteria for “risk of harm to the public from the practice of a health profession or occupation” be defined per each risk assessment? Or will there be a set standard that will serve, at minimum, as the foundation for that risk assessment? Is there a standard approach to risk assessment? Is it done on a case-by-case basis?
Hon. A. Dix: Really here, the purpose of 21(3) is that the superintendent would publish a guidebook. The answer, I guess, to the question is yes. That would provide the roadmap for people, about the process. It may, of course, be adjusted, given the circumstances of an individual profession, and so on. But the summary of the policies and procedures really should be a roadmap for what people who are participating should expect in understanding how risk assessment is done.
S. Bond: Actually, that was going to be my next question. I was going to ask how the superintendent will be required to publish a summary of policies and procedures. How will that be done by the superintendent? Is that…? I’m trying to think of how best to capture that. How will the superintendent be required to do that?
Hon. A. Dix: My expectation, because I’m kind of a 1990s person, is that they’d publish that on their website. But there are also new mechanisms and social media to get that out. There would be places that are the superintendent’s website where that would exist, and then they might seek, because they want the information out more broadly, to provide that more broadly.
Clause 21 approved.
On clause 22.
S. Bond: The next section speaks to the matters that have to be considered to assess risk. Could the minister describe the goals of this particular clause? Obviously, it lays out a series of steps. But ultimately, what is the goal of clause 22?
Hon. A. Dix: Really, it lays out the tests we’re thinking of. Because we’ve got…. I mean, there may be more than three options, but three I can think of: (a) we designate it as a profession; (b) we designate it as an occupation — lower risk, but there’s a public interest in doing that; or (c) we don’t designate it at all.
What we’re talking about here are matters we consider on the risk side in assessing that, and that’s the purpose of this section. So the goal of this section is all of that. What are all of the key determinants — the knowledge, the skills, the judgment, the risk to patients — that would be incorporated in that process?
S. Bond: Thank you to the minister.
When we look at clause 22, it says that the superintendent must consider at least the following matters with respect to the practice of the health profession or health occupation. So are there…? Can the minister provide examples of other matters that the superintendent may need to consider in addition to those that he or she must?
Hon. A. Dix: This is the list of things that we think constitute the right risk assessment. We’re giving ourselves, again, with (h), the opportunity to add to that, should that be required. But really, if we had (h), (i) and (j) now, we would have included them now. So the purpose of that is just to give flexibility if we’re missing some things in that process — that we can prescribe a matter or direct a matter. That’s what (h) says. So regulation or direction on that if there’s something that we’ve missed out or something, maybe, particular to a particular risk assessment that we haven’t considered.
This gathers our best view of what a risk assessment would constitute, and these are all musts.
S. Bond: Certainly, as we’ve gone through these sections, we’ve seen that there is an enabling provision in most of them to allow for expansion or addition of other duties, responsibilities or expectations. So this would just be another one of those.
When we look at sub 22(b)(1), can the minister describe the requirement to look at physical environment? How will that assessment be conducted?
Hon. A. Dix: Just as an example, are they working in an environment where they’re on their own? For example, if we’re talking about the risk of abuse, it’s potentially much higher in that environment. Or are they working in an environment, say a hospital, where they’re working with a whole bunch of other people? In which case, some risks are different.
When you’re considering…. We’re asking: where is this work being conducted of this profession? So it’s very different. If we look at the environments where ambulance paramedics work, for example, they’re often on their own. But the nature of their interaction with people is episodic, so it could be anywhere in that case. It could be someone’s home. It could be the street. It could be the site of a car accident — whatever it is.
In the case of some professions, it might be in someone’s office. In other cases, it might be in a hospital. So where do they work? Do they work alone? Do they work in teams? Those are elements of risk.
S. Bond: So the requirement will be not looking at the actual physical environment of a specific space. It’s about how the profession interacts with a group of people in a particular setting, perhaps.
Could the minister just speak briefly to the requirement to assess the nature and level of supervision or direction? I think it’s pretty straightforward, but I just want to be sure that it’s related to the degree of supervision that exists to look at the personal liability of the individual that’s in the profession.
Hon. A. Dix: I think this relates to the level of supervision. More supervision might lead you down the path of occupation. Less supervision might lead you down the path of profession. I think that’s a key aspect of it.
For example, you might say, “Well, a nurse works under a nurse supervisor,” and that would be true, but the nurse also has independent practice responsibilities. That is different than, say, a health care assistant, who obviously interacts individually with lots of people, maybe even more people than the nurse in certain circumstances, but they’re under direction and supervision in the care that they’re providing.
Those are the distinctions, and really, then it’s the distinction, if you’re making an assessment…. When you’re looking at those three options, well, is this an occupation, or is this a profession? Or should we not be doing this at all?
S. Bond: In clause 19, we talked about consultation that was required. Is the consideration of risk part of the discussion that occurs with the groups that the superintendent is required to consult with as part of the assessment process? Does risk form part of the discussion so that there is a requirement to consider risk in those discussions?
Hon. A. Dix: Yes.
S. Bond: I want to just turn to the description that reads “the likelihood and nature of any direct or indirect harm.” How would that be determined? Could the minister give me an example of what is meant by indirect harm?
Hon. A. Dix: I’m not saying that this would happen necessarily, but say a medical lab technician provides information to a doctor that’s incorrect. Then the doctor makes a diagnosis that is incorrect based on the evidence provided. The harm provided is indirect. The medical lab technologist, in that case, wouldn’t have made the diagnosis that was incorrect. But they provided indirect harm by providing…. If they were to have made a mistake….
This is absolutely hypothetical to all those people who work in this sector who work very hard not to do this. In that case, that would be an indirect harm.
S. Bond: Can the minister just describe how it would be determined? He’s given an example of indirect and direct harm. How is that determined, in terms of establishing that?
Hon. A. Dix: By talking to the people who do the work. “What do you do in a day? What are the possibilities in the work that you do of direct and indirect harm to people?” It is by engaging with the profession and with the professionals that one would determine that.
S. Bond: So 22(g) speaks to “the availability and quality of education and training programs.” It references “another jurisdiction.” Does that include international education and training programs?
Hon. A. Dix: I think it’s really hard to regulate a profession where you don’t have a standard program in your jurisdiction. I think it is.
The answer to the question is yes. She was asking: does it include international? Yes, it does. Does it include other provincial? Yes, it does.
I gave, for example — because it’s a live issue and one we’ve discussed — the issue of physician assistants. So it is relevant that we don’t train them here. That doesn’t mean that that’s determinant, but it’s relevant. We have to decide: should we do that? If we made a decision, then that might be a sub-regulated group under the College of Physicians and Surgeons. Conceivably, if you’re doing that assessment, that’s how you would do that. That’s an example of that, where it’s relevant and it’s hard to do.
You would also consider other jurisdictions in the case of that group, for example, as we talked about before. Just for the sake of the argument, there’s a significant number of people who’ve worked in the military and who are educated in other jurisdictions and end up in British Columbia because of their work, say, on naval vessels. Those might be relevant considerations.
S. Bond: So 22(h) provides ministerial authority. It provides ministerial power, in essence. Can the minister explain when he might expect that this would be necessary and, perhaps, an example of why that would be necessary?
Hon. A. Dix: Essentially, this is similar to before. If we knew it now….
The member said: “Well, can you envision anything you would ask that isn’t on this list?” It would be (h), and this one would be (i). What we’re saying here is that it may be the case that if I were making a direction for a process and getting the advice of Mr. Westgate and Mr. Westgate said to me, “I think you should add something to this,” that gives me the power to do that that we didn’t consider before — that when we were developing the legislation, we didn’t consider it, but we really should have to deal with the case of the risk assessment of this profession.
Then that could be provided by the minister and/or a change in the regulation to make it in every case. But if we knew it now, we’d be including it.
Clause 22 approved.
On clause 23.
S. Bond: I’m going to have the minister…. One of the things that is changing, and the observation is that there is a significant change, is in terms of the role of the minister. I think it’s important that whenever we see that particular additional authority, we have a good understanding of why it is there.
Could the minister just again…? In subclause 23(2)(b), this relates to report and recommendations. Once the superintendent has done the assessment, the superintendent must make a report, and that report goes to the minister. Then if the superintendent recommends designation, the superintendent “must include recommendations with respect to at least the following…” and those are noted but also: “(b) any prescribed matter and any other matter that the minister directs.” Can the minister describe why that is necessary?
Hon. A. Dix: I may, for example, ask for a recommendation on the name of the potential college. That wouldn’t necessarily be a part of the designation assessment. So I might say to them…. Well, I think it’s important to say: “What do you think the college should be named?” There are always issues, and this is important for health professionals, of title protection. I’d like an assessment of its impact, and potential impact on non-regulated groups, with respect to title protection.
This just allows, essentially, for the minister to say: “I want more than this, and I want you to give me a recommendation.” It doesn’t allow me to say what the recommendation should be, but it does say: “I want more advice from you.”
Since ultimately, some of the decision-making power here is to the minister, the minister may want to say, “I want to hear these issues of title protection. I’m concerned about people who might feel left out and what its impact would be. I want you to tell me what the name of the college is,” which isn’t necessarily there. “I’d like you to tell me what you think it should be,” and so on. This allows me to seek more advice in that direction.
S. Bond: The process is that the superintendent makes a recommendation after completing a designation assessment. Is there a reason, specifically, that the superintendent’s report is not published once it’s completed?
It actually is required to go to the minister to make a decision before the public has any sense of what the report says. The process is that the report is not published until the minister makes a decision respecting designation. Is there a reason for that process?
Hon. A. Dix: I think here the relevant thing is 23(3), where I receive this recommendation and I say, in advance of publishing the report: “I would like more information.”
This allows us under, say, 23(3)…. I receive the superintendent’s report, and I may require him to provide…. The minister — he or she could require the superintendent to provide more information than is in the report. This allows the minister to do that.
Everything gets published, but it allows the minister to seek more information. Then they’re reviewing their decision, and then they make their decision based on the report and the recommendations. Then everything is published, and it’s required. The superintendent’s report must be published, and also, the additional information of records. The minister in this case, whoever that would be — it would be me in this case, today — would require them to be published as well.
That’s the reason. Then, once the decision is made, it all has to be published. It all has to be out there. To make the decision, it all has to be published.
I suppose you could argue: “Well, you publish a report, and then you wait some period of time, Minister, to make a decision, and then that becomes the subject of publication.” This says there’s a report on what the public interest is. But there must be a report. It must eventually be made public. It’s provided to the minister. The minister makes a decision based on a report. The report is published.
It seems like the right process, because it also allows us to say: “Well, there are some things…. I need more here.” So before the report is public and the decision is made, we get more information. So that’s the process that’s set out here.
S. Bond: Thank you for that explanation, to the minister.
We certainly have had conversations about transparency and how important it is. But in subs 23(4)(a) and (b), we actually see the use again of “must or may.” I’m wondering why the superintendent “may publish any related information or records….” Why is it not simply required of the superintendent to provide all of the information?
Hon. A. Dix: There’s a report. It gets published. Any additional information would probably be extended to the report. That’s how it’s published.
I don’t know. Say the report was a couple of hundred pages. Say you had thousands of pages of research attached to that. It may be administratively burdensome to do that, but they may wish to put it all out there. I think, probably, most of the briefings and presentations would be public, so that would all be public anyway. The report gets published, and the superintendent may choose to publish a whole bunch more information, if they want, at their discretion. But this is a must around the report.
My advice to the superintendent is to include all the information that’s required and a summary of their findings in the report, and I think that’s what they’d do. It just means that there may be information on that subject, in addition to that, that the superintendent may wish to publish or that the minister may direct them to publish.
We can direct them. If I say: “I want to make sure that all of the testimony you’ve received is on the public record….” It probably would be already, I would guess, because they’re public sittings. But I want to do that, or I want to see every sub report that’s been put in place put on the public record. The superintendent may wish to do that as well.
It just may be if there are thousands and thousands and thousands of pages of that, which there conceivably could be…. Some administrative burden in doing that. Then, if you’re publishing a lot of information, you have to go through a process. Almost certainly, potentially, privacy around all of that stuff as well.
The intention is to publish the information and more. If the minister thinks that more information would be published, it should be. The superintendent independently has that authority as well.
S. Bond: I just want to reflect on the fact that the concern is that the decision to publish additional or related records rests with the superintendent. It is the opinion of the superintendent whether or not that’s in the public interest. From my perspective, the more transparent this process is the better. It isn’t about volume. It’s about making sure that there is an expectation that it is as transparent as possible.
I understand what the minister has said. I remain concerned that the superintendent has the ability to decide what’s in the public interest and whether to release that information or not. I think that should be the exception. The rule should be that everything is published — unless. A different approach has been taken here.
I just want to raise that caution, and I’ll leave that clause.
Clause 23 approved.
On clause 24.
S. Bond: In clause 24, we’re actually talking about the decision respecting designation. Is it possible, when we look at the process that’s outlined, that…?
The minister could, obviously, entirely agree, I’m assuming. They would read the recommendations, the minister, and make that decision. Is there a scenario where the minister partially disagrees with the superintendent’s recommendation and makes a decision that doesn’t reflect those recommendations or suggests another approach? Is there a variety of responses the minister can make once the report appears before the minister?
Hon. A. Dix: What it says in 24(2) is that the minister must consider the recommendations. The report will be made public. So, yes, the minister could make a decision that doesn’t follow the recommendations of the superintendent, but the minister would also have to take public responsibility for that decision.
You go through a process. A health profession is recognized and recommended for recognition — or not for recognition — of its professional status. Then the minister has to make the report public and say: “Well, we’ve gone through this process, this mandatory consultation, the report from our expert that we’ve put in place, and I’m not agreeing.” Well, the minister can do that, but he can’t do that in their office and not take accountability for it. There’s accountability, and I think that’s the right approach.
The minister must consider the recommendations. They don’t have to follow the recommendations. They have to let people know that those were the recommendations. And if they don’t do it, they need to take responsibility for that. That’s, I think, an appropriate approach to the issue.
My sense is that ministers, given the process, will of course accept the recommendations. But there may be occasions when that doesn’t happen. The member, as a minister, will no doubt remember occasions when the recommended response wasn’t approved, as I do, in our work. But in this case, this isn’t a briefing note from the ministry. This is a public report after a public process. And if you’re not going to accept the recommendations, you’ve got to make a public statement as to why.
S. Bond: Thank you to the minister for that. Could the minister describe how this differs from the current process?
Hon. A. Dix: In the current process, there’s a required posting period, so that allows for the process of consultation, but there’s no superintendent, no independent assessment, no requirement for consultation. Generally speaking, the process starts now, not from a demand and a need, a public need, but the request of an association or advocacy group.
That’s what kicks off the process now, whereas this allows, for example, a health authority or the Insurance Corp. of B.C. or the B.C. Care Providers to say that we need a group of people to be regulated and makes the case for that, and the superintendent determines that there needs to be a designation assessment and a risk assessment, all the things involved in that. That’s a different way of going about it. There’s a lot that’s different now. Now there’s the advocacy at the front end, and there are posting periods, but a lot of the work now would not be in this independent and very public process. You can see that in some of the responses.
The member would have met with some groups who are looking for designation, and I would predict that they would say to the member: “We go through this process. We do all this work. We make requests to the minister, make requests to the government, and we never understand why we’re not being assessed, what’s going forward and everything else.” This is a dramatically more public process that takes less time. It’s less a question of political influence and more: what are the risks of the public, and what should we do?
I think it’s in that sense, in all of those senses, that the definitions of risk assessment, of consultation, the role of the superintendent, all of those are improvements now on the system that now is kind of the minister…. There are obviously posting periods, but it’s kind of discretionary.
Rightly, I think, and I agree with this decision. I think it was Minister Hansen that took it. He said: “We’ve got a lot of health professions now. We’re not going to do that for a while.” That was a decision he took. It was a public decision, right? People are going to assess that. There are some people who were outside the process and complained about it, but I think a lot of people agreed with it, that there was an exhausting process and that there needed to be a time…. He took that decision.
We have a different process now, and the minister can still take that decision, the decision Minister Hansen took, I believe. But they can only take it if the superintendent decides on a risk assessment and says: “Well, the superintendent says there’s risk, and this profession should be regulated, and you’re saying it’s not the case.” I think, in that sense, the process is different now and quite a bit better now, and it’s quite a bit, ultimately, because we’ve designated, shorter now.
Of course, when you’re depending on the staff of a ministry and then legislative staff and then everyone else to make these processes work, those processes have proven to be years and years and years in the making in the case of successive governments of different political stripes. This has been a process that hasn’t worked, and this is why the members of the steering committee and others wanted to see better processes in both the public presentations to the committee and the committee’s report.
S. Bond: In essence, the minister’s role, is it correct to say, hasn’t been altered a great deal? Ultimately, the decision lies with the minister. However, it is based on a recommendation coming after a significant amount of work and presented to the minister by the superintendent.
Let me just follow up on the minister’s comments. One of the things that we do here is that…. It does take a long time. People are very concerned about that. Often health practitioners are left in limbo while they’re trying to figure out when a ministerial decision will be made.
The minister references that this is going to be faster. Are there specific time frames in which the decision has to be made? If there is, I missed it. Are there articulated expectations so that from the time the minister receives the superintendent’s report, it will be no longer than…? Or again, is it discretionary? How do we know it’s going to be a faster process than currently exists? If the minister could address the timing issue, that would be helpful.
Hon. A. Dix: Very significantly, we don’t have to create a new college, which itself is a very long process. We can designate a profession without passing an act of the Legislature, which is a huge change in the process. Practically speaking, mind what in theory we could do now…. The member might reasonably say: “Well, in theory, you could act much more quickly now.” In practice, it takes years and years and years to create a new college. We know this. That has not varied based on who’s sitting in the minister’s seat or the deputy minister’s seat. It takes a long time.
Now you don’t have to create a new college, because the college exists. You just have to designate the profession and attach them to a new college, which is, by definition, years less than creating a new college. So we haven’t said…. The minister can determine, can say — and we discussed this before as well, I’d say to the member — that the assessment has to take place in three months or six months or seven months. The minister can do that and therefore shorten the process.
I think the problem now is not just what it said in the legislation, but what’s happened in practice, which is that the process is not public. There’s no understanding of what designated…. It feels, for particular practitioners, who might say that this minister hasn’t listened, or a previous minister hasn’t listened…. We hear about this from lots of professions. We have a process that’s opaque and that, in practice, takes years and years and years. Then we have a process that doesn’t involve the creation of a new, independent college, which will take, in any event, years less than the current practice, which tends to take….
Usually, the ministry has the capacity to do one at a time. You’re talking about one at a time, which means, in the current system, probably two a decade. This is way faster than that.
Clauses 24 and 25 approved.
On clause 26.
S. Bond: In clause 26, why is the minister required to include the titles that licensees practising the designated health profession may use exclusively, but not the titles regulated health services providers practising the designated health occupation may use exclusively? Can the minister explain the difference?
Hon. A. Dix: It may be that I misunderstood the question. This section is about designated regulation for designated health occupation. “A designation regulation made under this section may include regulations as follows: (a) respecting the titles that regulated health service providers practising the…occupation may use exclusively.” This is about occupations, I think, but I may have misunderstood the question, so I apologize for that.
S. Bond: That’s fine.
Clause 26 approved.
On clause 27.
S. Bond: This section, again, gives considerable authority to the minister to make regulation. It’s a regulation-enabling section. Can the minister talk about why it’s necessary and what he anticipates would occur in terms of regulations related to designation?
Hon. A. Dix: In this case, we make changes to the scope of practice quite regularly. There are different ways to do that. In fact, the provincial health officer has had some responsibility recently, during COVID. The scope of practice of a health practitioner can change quite regularly, and this allows you the flexibility to address that.
I can give you an example. The member has been working on the overdose public health emergency. Changes in scope of practice for nurses, for example, are important changes in designations to allow access, for example, to different circumstances. That might be a scope of practice change that would be made.
These are the kinds of regulations that are made, not all the time but not infrequently, to things such as the scope of practice or a name, or so on, that we’re embedding here in the designation regulation.
Clause 27 approved.
On clause 28.
S. Bond: Could the minister describe why the criteria defining “meaningful participation” in this clause is not further defined? Why is it left, again, to depend on the opinion of the minister?
Hon. A. Dix: The present act doesn’t really…. It requires you to consult with the college. It doesn’t require meaningful consultation.
This is saying that if the minister is going to make that decision, it has to be meaningful consultation, and it has to be with the list that we’ve already explored in 19(2). If you look back at that list…. You say: “So what is meaningful consultation?” Well, it’s for those folks. That’s what it is. That list, I think a fair person would say, is meaningful consultation.
Clause 28 approved.
The Chair: Noting the hour, Minister.
Hon. A. Dix: Thank you very much, hon. Chair. I always follow your advice, although the committee appears riveted, and I’m not sure. Overtime, perhaps.
I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:49 p.m.