Fourth Session, 42nd Parliament (2023)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, October 16, 2023
Afternoon Sitting
Issue No. 337
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Guarantees and indemnities report, fiscal year ended March 31, 2023 | |
Orders of the Day | |
Proceedings in the Douglas Fir Room | |
MONDAY, OCTOBER 16, 2023
The House met at 1:34 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
Hon. L. Popham: Happy Monday. I have some visitors here today. We had lunch together. It was the Minister of Tourism and Sport from Alberta, Minister Joseph Schow. We have Benjamyn McKay, the chief of staff, joining him; David Goldstein, the deputy minister; and Stefanie Jones, Travel Alberta team member and senior adviser, executive office.
We had a great lunch, discussing how we can be partners, how our visitors can share in an experience. We did point out, though, that B.C. receives many more Albertans than Alberta receives British Columbians, but we decided that we would work together on that as well.
B. Banman: The saying goes that behind every good man there is, in my case, a much, much better woman, who stands there and shakes their head. I would like to introduce my wife, who has been standing behind, shaking her head, for the last 40 years, Sharon Banman.
Would the House please give her a round of welcome applause.
R. Parmar: I’m really pleased to be able to have two sets of introductions.
Firstly, I had such a wonderful time at lunch this afternoon with two dear friends. When I think of public service in my community in Langford, I think of two individuals, Lanny and Dianna Seaton. Someone who’s very familiar to myself and to the MLA for Esquimalt-Metchosin, Lanny was a city councillor for almost 30 years. Diana served on the school board with me and was my vice-chair for a number of years. I think so highly of them.
Would the House please make them feel very welcome here today.
Then, just briefly, I also want to introduce — I’m not sure if they’re in the precinct at the moment, but I know they’re in the House here today — Rudy Paquette, who is the new chief of the Salteau First Nations, as well as James Hickling their legal adviser, in the House.
Would the House please make them feel very welcome.
I. Paton: Today I’d like to introduce a former CA. I seem to train these CAs to do a great job, and then they get hijacked by consulting firms. My former CA Taylor Grant is here today.
He’s now working for Sedgwick Strategies, along with my good friend Tanya Corbet, from TFN, and also Taylor Baker, from TFN, who’s a part of their economic development team and a councillor at TFN. Sedgwick is committed to getting worthwhile industrial, natural resource and infrastructure projects to yes in this province.
Please welcome my good friends from Delta and TFN.
Tributes
SUSAN GILES AND EVANNA BRENNAN
Hon. A. Dix: On October 7, in our break on the Saturday of Thanksgiving weekend, I had the honour to award the Order of B.C., in a special private ceremony, to two nurses, Susan Giles and Evanna Brennan. They’re extraordinary contributors, and it was a special ceremony.
People who know nursing in B.C. know of their enormous contribution, in particular to everyone who lives in the Downtown Eastside. They were nursing partners who had served the Downtown Eastside for 40 years, in particular during the HIV/AIDS crisis, where they brought their special care to the community and, most recently, of course, during the overdose public health emergency. They are extraordinary representatives of the Order of B.C., and everything it represents, our highest civilian honour in our province.
I am sad to report to the House that a week later, Evanna Brennan — the ceremony, of course, took place in the palliative unit at St. Paul’s Hospital — passed away, this past Saturday. She and her work partner, Susan, made an extraordinary contribution to life in B.C. It is, I think, fair to say, one of the true honors of my career here to have been part of that ceremony.
I wish to, on behalf of all the House, send our condolences to her family.
Perhaps, on behalf of the House, Mr. Speaker, you could send a special message.
Introductions by Members
S. Furstenau: It’s my pleasure to introduce a group of students in the precinct today, from Duncan Christian School and from Cité Étudiante at Roberval in Quebec.
Will the House join me in making them feel most welcome.
Bienvenue.
M. Lee: Mr. Speaker, as you well know, in married life, there are very important times to take the lead, the guidance and the feedback from your spouse, but this is not one of those moments.
Christina, I would say that on this occasion of 31 years, 10 months and, by my count, 15 days of our marriage together, I would like to welcome you here to the House, and also to say that I wouldn’t be here without you.
You know that — 7½ years of sacrifice with you by my side, with the big heart that you have for British Columbia, for my constituents and other community leaders and participants across British Columbia. We’re very grateful to you. I love you, and I know that it hasn’t been easy.
Would all members of this House please join me in welcoming my wife, Christina.
Tributes
BINDIRO KAUR CHOHAN
Hon. R. Kahlon: I rise with some sad news. This morning I found out my grandmother passed away.
I want to recognize Bindiro Kaur Chohan, a remarkable woman. Two weeks ago she found out she had not much time left. Was strong till the last day, defiant, said she was ready. Came to this country — 24 years old, two kids, husband passed away. Raised them. Learned how to speak English, learned how to drive. A remarkable person. I’m going to miss her.
I want to say to my cousins, my family that are watching, that she was a special woman. We’ll honour her in a good way.
Introductions by Members
T. Stone: Well, it’s not often that I get to introduce people from Kamloops–South Thompson who make the trek down here for a few days of sightseeing and taking in the Legislature and whatnot, but today is one of those days.
I’m very pleased to welcome to the House Samantha Pearce and her mother, Diana O’Dare. Samantha also happens to be one of my very capable constituency assistants.
I want to assure you that you’re going to get a great tour this afternoon. It might even rival Keith Baldrey’s tour. That’s saying a lot. I hope that you have a great day today and through the week.
I’d ask the House: would you please make these Kamloopsians welcome.
Mr. Speaker: Members, it’s now my pleasure to welcome three members of my Indigenous Reconciliation Advisory Committee who have joined us in the precinct today: Chief David Jimmie of the Squiala Nation, Councillor Howard Grant of the Musqueam Indian Band, and Executive Councillor Taylor Baker of the Tsawwassen First Nation.
These Indigenous leaders, as well as Chief Willie Sellars of the Williams Lake First Nation, have been providing me with guidance on building stronger relationships with Indigenous communities and on other reconciliation initiatives. I would like to thank them for meeting with me today in Victoria.
I would also like to thank Tanya Corbet and Taylor Grant who have helped to facilitate this work. Thank you so much.
Please join me in welcoming all of them.
Introduction and
First Reading of Bills
BILL 36 — POLICE AMENDMENT ACT, 2023
Hon. M. Farnworth presented a message from Her Honour the Lieutenant-Governor: a bill intituled Police Amendment Act, 2023.
Hon. M. Farnworth: I move the bill be introduced and read a first time now.
I’m pleased to introduce Bill 36, the Police Amendment Act, 2023. This bill amends the Police Act to clarify the process any municipality must follow when they wish to change their police of jurisdiction. It will ensure that the process has transparency and ensures that municipalities, police organizations and the minister have clear responsibilities to follow in any transition.
These amendments include a requirement for a transition to proceed to completion once approved and the requirement for entities involved in a transition to provide information to the minister when requested. These amendments support the Solicitor General’s statutory duty to ensure the maintenance of adequate and effective policing in the province by addressing a lack of clarity in the legislation.
Finally, the legislation also contains provisions that provide clarity and finality to the people of Surrey regarding their ongoing transition.
Amendments to the act will specify that the city of Surrey must provide policing services through a municipal police department. It also provides authority for the Solicitor General to cancel the existing agreement between the province and the city of Surrey for the provision of RCMP services.
This legislation also provides government the ability, if necessary, to appoint an administrator to assume the functions of the Surrey police board to oversee the Surrey police service.
Mr. Speaker: Members, the question is first reading of the bill.
Motion approved.
Hon. M. Farnworth: I move that the bill be placed on orders of the day for second reading at the next sitting of the House after today.
Bill 36, Police Amendment Act, 2023, 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)
DEMOCRACY AND LEADERSHIP
J. Phillip: Good afternoon. I have chosen the topic of celebrating democracy for a couple of reasons: my own constituents of Vancouver–Mount Pleasant, whom I consider to be very progressive, and the historic win in Manitoba by Wab Kinew, who’s now the Premier-elect.
When we first met Wab Kinew, he was a young guy, and we were at an Assembly of First Nations conference. He came up and sat down beside my husband, Stewart Phillip, and asked: “What does it take to be a good leader?” He said two things: (1) you have to love the land and love the people, and (2) if you want to be sovereign, you can’t be a slave to drugs and alcohol. We knew he had a little problem there.
By definition, “democracy” comes from the Greek words for “people power.” I consider my role as MLA to listen to my constituents and my colleagues about what our issues and concerns are, and then inspire all of us to explore and share those solutions to those concerns.
When I listen to some of the issues that are raised in the House, I hear the hurt and the anger, and really, what’s underneath anger is hurt. We’re all in this together, and our constituents deserve that we, as leadership, resolve these issues in a very professional, positive manner.
Limləmt.
WORLD MENTAL HEALTH DAY
E. Sturko: Well, last week while we were on break, on October 10, it was the international World Mental Health Day. The message that mental health support is a universal human right was spread around the globe, calling to attention the urgent need for greater supports if we truly want to address this critical issue.
We must come together to recognize the mental health crisis in our communities, fighting the stigma and promoting mental health education, advocacy and support. Unfortunately, we know that many people around the world, including right here in British Columbia, don’t have the safe space, opportunity or means to seek the help that they need.
As shadow minister for Mental Health I have had countless opportunities to speak with organizations and advocates across British Columbia who do incredible work and who are working tirelessly to ensure our province delivers much-needed mental health support to those who need it. As elected officials, we have a duty to fight for greater access for these vital resources and to build a system of care that prioritizes people’s well-being.
There’s a lot of work to do in our province, but it starts with us. I’ve shared my own personal experience with PTSD to show people that they’re not alone and that there are people who will take your hand when you reach out for help, but also to recognize that it’s important to check in on those around you, because you never know someone else’s internal struggles.
On World Mental Health Day, we renew our commitment to bring an enhanced quality of care to British Columbians and to ensure that everyone in this province has somewhere they can turn to for support, no matter what challenge they’re facing.
YOUTH CLIMATE CORPS
B. Anderson: At the start of the pandemic, Rik Logtenberg, one of my fellow Nelson city councillors, approached me. John Cathro and Richard Klein had a vision to train a workforce of young people that can contribute to climate resilience, and they wanted my help.
The Youth Climate Corps started in Nelson, but it has since expanded and employs young people to address everything from reducing fire risk through fuel mitigation to retrofitting homes for non-profits. I can tell you how important I believe the Youth Climate Corps is, but I think it’s more powerful to hear from one of the participants.
Aur Hager is one of the alumni of the Youth Climate Corps. These are her words:
“The Youth Climate Corps provided me with the opportunity to get involved in my community and make a difference. Fighting climate change is an overwhelming undertaking, and I didn’t know where to start, but this program gave me the chance to do work that helped increase climate resilience and reduce emissions in an accessible way.
“On top of that, I was able to connect with like-minded youth, and those friendships empowered me to advocate for a better world. I feel very lucky to have had this opportunity. And I hope to see this program continue to grow and expand and reach more communities.”
Those are the words of Aur.
I was super excited about the Youth Climate Corps’ vision from day one because young people are not only future leaders; many of them are leaders today. The vision of the Youth Climate Corps team, led by Ben Simoni, is to expand across the province and have chapters in every community working to address the climate emergency while proactively working to mitigate the impacts of climate change and improve people’s lives in an equitable way. I completely support that vision.
I would like to thank the Youth Climate Corps for everything that they do that positively impacts our communities.
If I may seek leave to make an introduction….
Mr. Speaker: After.
SMALL BUSINESS WEEK
T. Stone: Today is the start of Small Business Week in British Columbia. We take this opportunity to recognize and celebrate the incredible businesses that enrich our communities, as well as the dedicated entrepreneurs that keep them running.
Under normal circumstances, operating a business is no small task. Our small business owners work tirelessly to keep their operations running, to serve their patrons and to look after their staff. But right now the work of keeping the doors of a business open is becoming a monumental challenge for many. Throughout B.C., our small and medium-sized businesses are faced with growing barriers, dealing with massive cost increases for everything from the goods they depend on to rising taxes.
Many barely made it through the pandemic to then be faced with worsening crime and street disorder that results in smashed windows, stolen goods and scared staff and customers, not to mention added costs that can’t be passed on to their customers. Skyrocketing rents are putting increased pressure on establishments that have been in their communities for decades, jeopardizing their ability to keep operating.
It’s imperative that we all work together to support our local businesses, which have consistently supplied the goods and services that we all rely upon. Small businesses are the foundational bedrock of our communities, employing over one million British Columbians. They are our favourite local cafes and restaurants, our community and boutique stores, our accountants and child care operators, our farmers, ranchers and so much more.
This week, we celebrate our small and medium-sized businesses. We recognize the dedication of countless bold entrepreneurs who took a risk and worked hard to grow their businesses, creating opportunity not only for themselves but for their employees, contractors and others.
We seek to celebrate and lift up future entrepreneurs who are just starting out on this journey, and vitally, we commit to working for their continued success in our province, because when our small businesses thrive, we all do.
COMMUNITY ACTION ON
EQUITY IN SOUTH
VANCOUVER
G. Chow: This coming Friday, October 20, the South Vancouver Neighbourhood House will be hosting a community forum called Reframing South Vancouver Initiative to share in the research and the community perspective on the social infrastructure gaps being faced in South Vancouver, as well as potential solutions to ensure improvements in the area.
The Reframing South Vancouver Initiative incorporates the findings of the South Vancouver neighbourhood equity report, which is funded by the community research grant program at Simon Fraser University. The leadership teams at South Vancouver Neighbourhood House and the Marpole Neighbourhood House worked in partnership with researchers in SFU’s urban studies program and the faculty of health sciences.
They sought to investigate the gaps in provision and distribution of resources in South Vancouver that put residents at a disadvantage compared to other areas. South Vancouver is home to the most populated and diverse neighbourhoods in Vancouver, with 80 percent from racialized populations.
The report found that inequity exists in South Vancouver and residents’ concern echoed that of the Neighbourhood Houses about lack of access to social amenities, services and programs in the neighbourhood that affect the daily lives of the community.
The Neighbourhood Houses have worked hard to support residents. However, they do not have the capacity or resources to meet all the needs of the community. Therefore, this forum is an important opportunity for community members to discuss how we can all work together to make South Vancouver safer, more accessible and inviting for all.
At the forum, stakeholders can examine their analysis of the social infrastructure available in South Vancouver and see the areas that have been overlooked and need attention.
I’m proud to share this community initiative and to represent a community whose members are dedicated and passionate about creating improvement that will benefit everyone who resides in South Vancouver.
DEVYN GALE
D. Clovechok: A week ago or so, a colleague of mine mentioned the tragic deaths that occurred this past summer during the fire season. Today I want to speak about one of those people who was a constituent of mine.
Nineteen-year-old Devyn Gale was a remarkable young woman who gave her life to protect British Columbians in her home of Revelstoke during the worst wildfire season in B.C. history.
Devyn was in her third year with the B.C. Wildfire Service, where her younger brother and sister also joined her as firefighters. Together the siblings became known by their colleagues as the Gale Force.
Devyn was kind, thoughtful and a compassionate young woman who had so much potential and promise. She had recently completed her second year of bachelor of science in nursing program at the University of British Columbia. Between her work as a firefighter and a future career path as a nurse, it was clear that Devyn was passionate about giving back to British Columbians.
She had a full life outside of the Wildfire Service and was incredibly active through her love of competitive swimming, casual swims in glacial lakes and her passion for gymnastics. Her talent for training and competing in trampoline gymnastics brought her to the Elite Canada 2020 national championship competition as she established herself as a top competitor in British Columbia.
Her favourite flowers were purple lilacs, while her favourite tree was the western cedar. She could often be found enjoying time in nature and exploring tide pools. She always strove to enrich the lives of those around her. That’s just who she was.
I, along with the Premier and the Minister of Forests, had the honour to attend a memorial service in Revelstoke. My thoughts and deepest condolences are still with her family, her friends, her loved ones as they continue to mourn this heart-wrenching loss. Devyn was an incredible young woman, who was taken far too soon.
She gave her life to protect others, and I know that her family knows how appreciative we all are for her selfless sacrifice. We will never forget her sacrifice, and her name is now forever recorded in the history of this special place.
May God hold you close, Devyn.
Ministerial Statements
RESPONSE TO ATTACK ON ISRAEL BY
HAMAS AND ACTION ON
ANTI-SEMITISM
Hon. D. Eby: We’re all here today with heavy hearts. It was just over a week ago that the world watched with horror the attacks of Hamas terrorists on Israelis in towns, kidnapping hostages; killing moms, dads, babies; young people gunned down at a music festival that was celebrating peace.
Among those young people was Ben Mizrachi from Vancouver. He was just 22 years old. He was getting ready to go to university. He had his whole life ahead of him. He was described by his friends and family as a person with a big smile and a wonderful heart.
During his last moments, we’re told that instead of running from the very obvious danger, he ran towards it to help other people who were injured. Ben was trained as a medic, and he used that training as a medic to tend to the wounded before he was murdered. A true hero.
I can’t imagine the grief that Ben’s friends and family and loved ones are living with right now. Our thoughts and prayers are with them and all of the families of the victims during this unimaginable grief.
It’s not often that we can be in this Legislature and speak in a legislature with one voice. But I believe today is one of those days. There can be no justification for the brutality and terror Hamas visited on innocent victims — none.
For our friends, family and neighbours in B.C.’s Jewish community, this is an incredibly frightening time. It brings back the stories generations of Jewish families have told their kids about — Russian attacks against Jews in the 19th and early 20th century and Nazi death squads going house to house indiscriminately killing every Jewish person they could find. Members of the Jewish community are asking a dreadful question: what happened to “never again”?
As my friend and colleague the Minister of Post-Secondary and Future Skills said last week about these horrific attacks by Hamas: “This is not a path to peace, and it is not a path to freedom. The Palestinians and the Israelis deserve to raise their families without fear, to grow old with dignity, but this vicious depravity is not the answer. It is not a path to peace for anyone.”
I just want to note that the minister has been a lifeline for so many these past few days, a constant source of leadership in the community, solidarity within the Jewish community in B.C. and has provided guidance to so many non-Jewish community leaders as well. She’s done all this through hours and days of fear for her own family and extended friends.
Please join me in thanking her for her work for the community.
It should be obvious, but let’s all be clear. Hamas is a terrorist organization. It’s one founded on the belief that Israel and Jewish people should be wiped off the map. They are advocates for genocide. Anyone who attempts to contradict this basic truth should rightfully be denounced in this place and everywhere.
But let’s be clear about something else. Hamas does not represent the Palestinian people — not in Gaza, not in the West Bank. They don’t represent our Palestinian friends and neighbours living here in British Columbia. In 2007, Hamas took control of the Gaza Strip by force. They slaughtered Palestinians in their takeover. Since then, Hamas has not allowed a single free or fair election in Gaza for Palestinians to choose the future that they want. That says a lot.
Right now Palestinians in British Columbia who want peace are very worried about their family members back home. Hundreds are being killed in military airstrikes, many of them innocent civilians, women and children. Hundreds of thousands more are cut off from basic services. As we speak, over one million Palestinian civilians have been ordered to leave their homes in northern Gaza. It’s a humanitarian catastrophe.
Many of us also know that Lebanese and Syrians here in B.C. who are worried about the impact of this war in an escalating conflict and what it might mean for their families. We can all unite around a common value: that innocent civilians must be protected and that human life is precious.
As members of a provincial legislature, there’s only so much influence we have on global events, foreign affairs and diplomacy around the world. But what we must do is make sure that people feel safe and secure right here at home in British Columbia — safe and secure in their homes, their communities and their places of worship.
Many in the Jewish community are looking over their shoulders right now. They’re being threatened with violence here in our province. After attending a vigil for Israelis dead last week, two Jewish women in Vancouver were threatened with murder and sexual assault. A few days later Jewish schools and daycares were threatened with international violence, some of them closing their doors.
Right here in B.C. — parents deciding whether or not to send their kids to daycare, to school, wondering when they’d be safe. Our most precious, our most innocent — threatened with hate and violence.
Over the weekend, disturbingly, more hateful acts in Surrey: a synagogue vandalized, a swastika painted on the wall of the gathering centre.
These terrible acts and threats would be unacceptable on any day, but right now they are a deliberate attempt to spread terror among families.
We will stand up and hold together, and with one voice we will say no to this hate. There is no place for anti-Semitism in B.C. There is no place for any form of hatred in B.C. No one should feel unsafe in our province because of who they are, what God they worship or who they love.
When Vladimir Putin illegally invaded Ukraine, it was British Columbians who responded by sending medical supplies to innocent civilians caught in the conflict. It was British Columbians who opened their homes, communities and places of worship to welcome those fleeing the violence. That is who we are.
This is a time of great tragedy and heartbreak for so many British Columbians. Let us listen to them. Let us react with compassion, with love. As members of this Legislature, let’s work in our communities to bring people together with a common goal of peace.
Let’s work towards peace in every community, in every neighbourhood, so that together British Columbians can ensure a safe and welcoming place for everyone during this crisis. That is who we are, and that is who we must continue to be.
M. Lee: I rise to speak on behalf of the official opposition to express our deepest sympathies to the Jewish community, to condemn the heinous and barbaric terrorist crimes committed against innocent civilians by the Hamas, to express unwavering support for Israel and her right to exist and to defend herself, and to continue to stand with the Jewish community against hate and anti-Semitism in all its forms.
We need to be very clear about the terrorist attacks by Hamas on October 7. The barbaric, horrific and violent attacks by Hamas, with the killing, torture, rape and mutilation of elderly people, children, babies, women and young people are crimes against humanity.
We must also honour the memories of those Israelis that were killed, for example, those innocent young people at the Nova Music Festival slaughtered by Hamas as they partied, gunned down as they fled through open fields and murdered as they hid and prayed in bomb shelters.
Last week, we learned that Ben Mizrachi was just 22 years old, from Vancouver, and was one of the lives senselessly taken from us by the Hamas. Ben was a student at Vancouver Hebrew Academy and King David High School, both situated in Vancouver-Langara.
I’ve heard from so many about how Ben has touched their lives with his kindness, his always-present smiles and his friendship. He was a leader amongst his classmates and his community and was always known for doing what is right, standing up for what is right, including for Israel. Even in the last moments of his life, Ben did the right thing, running back with first-aid equipment to help others, as a medic, in the face of the Hamas attack.
Ben is just one of the over 1,400 lives lost at the hands of the Hamas. May all their memories be as a blessing.
This horrific tragedy touches us all, from Jerusalem all the way to B.C. Yoav Shimoni in Kamloops found video uploaded to Facebook by terrorists using his grandmother’s phone of a murder in a small community not far from the Gaza border.
We continue to call for the release of the nearly 200 hostages so cruelly taken from their families and loved ones on October 7 — babies, senior citizens, parents, sons and daughters, and Noya, a 12-year-old girl with autism — who right now are all being forcibly confined, scared and held by Hamas terrorists.
I raise Noya’s name and Ben Mizrachi’s and Yoav Shimoni’s because we cannot allow ourselves to be desensitized — a hostage, a victim and a grieving family member. Noya, Ben and Yoav are all people. You don’t have to be Jewish to care. You don’t have to be Israeli to care. You just have to be human. We stand in solidarity with Israel and the Jewish community because no human should look at these atrocities by the Hamas and try to justify them.
Last Tuesday I was honoured to stand with the Leader of the Official Opposition in solidarity with Israel and the Jewish people along with thousands of others at the Jack Poole Plaza. The Leader of the Official Opposition cancelled his plans for a town hall in Kamloops, hopped in his car and drove straight back in order to attend and show his support.
His remarks were crystal clear. Now is not the time for silence. People are suffering. People are scared. To not speak up, to not condemn these savage acts and injustices as a failure of one’s commitment to civil society and to human rights….
This gathering was a strong expression of support by the broader community, including members of the Persian community, standing side by side with members of the Jewish community. We’ve seen this support at other gatherings around the province, including here in Victoria; Prince George, with my colleague the member for Prince George–Valemount; and in White Rock last night, which my colleague the member for Surrey–White Rock attended with myself.
This is such a critical time. We need to provide clear and unequivocal support for Israel and the Jewish community. The leadership of Hamas called for a day of unrest all around the world, and again, many did not speak out.
We must not make a mistake. What this is, and what we’ve witnessed, is a pogrom in every sense of the definition. I was disgusted to see that some in our province would take to the streets to celebrate a pogrom, to cheer on the deaths of hundreds of innocent civilians at the hands of terrorists, denying Israel’s right to exist and refusing to condemn the acts of terror against civilians. It was sickening.
Such hate-filled rallies that took place in our province do not represent B.C. We are committed to human rights and building a province where everyone can feel safe and at home. Clear and unequivocal condemnation is how we show not just the Jewish community, but all who call this province home, that British Columbia is not a place for hate or intolerance.
I know that for so many members of the Jewish community, this is all still very raw, including with ongoing concerns about family members and friends in Israel. We are seeing the highest rise in anti-Semitism in 50 years in Canada. A terrible incident of anti-Semitism occurred last Friday evening at Shabbat in Surrey, where the home of a local rabbi, Rabbi Schtroks, was desecrated with eggs and painted with a swastika.
In this House, when we talk about “never again,” we all post messages about that. As I do that, and participate in other commemorations of the Holocaust, I never thought we would come back to this day, what happened on October 7. Many in the Jewish community have told me that they are not feeling safe. Parents and families are making difficult decisions on sending their children to schools with heightened worries.
This past Sunday morning, yesterday, I was on my way to a meeting at Temple Sholom in my riding of Vancouver-Langara. As we’ve seen with so many other synagogues, community centres and schools across British Columbia…. We’ve seen the presence of police, but we’ve also seen the presence of security guards, which has been an ongoing challenge for the Jewish community. Every day, community members are concerned about their safety and the rise of anti-Semitism in our province.
Yesterday, as I approached Temple Sholom, crossing the street, I saw a police car and two security guards in yellow jackets. As I approached, a third guard in a yellow jacket started running towards me. I thought: “Well, I apologize if I’ve done something wrong to alert or scare anyone here.”
To my surprise, this person is a mother who is actually a lead staffer of a major Jewish community organization in Vancouver who has children attending class at the synagogue. She came running up to me to greet me. In the embrace, to express deep sympathies, there were very few words. I think it just demonstrates the fear and the concern that parents and families live in currently across British Columbia.
We are grateful to all the police agencies throughout our country and British Columbia who have made a visible presence outside of Jewish schools, synagogues, community centres and other institutions. I know the members of the Jewish community are truly grateful for that.
But I’m very concerned about anti-Semitism that Jewish students are experiencing in their schools and online. The Jewish community in Canada has been a principal ally to so many other fights against racism, including anti-Asian hate. In the face of anti-Semitism, we must stand with the Jewish community so that they do not endure this alone.
Now is the time for clear leadership. The Jewish community needs that across all levels of government and across party lines. We cannot be silent.
That’s why it’s so vital that all leaders — community leaders, business leaders, social activists, elected officials — stand together in the face of terror, denounce this pogrom and demonstrate our unwavering solidarity and support for the Jewish people, not just in Israel but here in B.C. and all around the world as well.
S. Furstenau: We all have heavy hearts indeed. I appreciate and I’m grateful for the comments of the Premier and the member for Vancouver-Langara.
We are all united in unequivocally condemning the terror attack carried out by Hamas against Israeli citizens. The targeting of civilians and the taking of hostages violates fundamental principles of international law and represents a shocking violation of the norms and rules by which we live. I echo the call made by the member for Vancouver-Langara that Hamas release all hostages immediately.
I express my deepest condolences to those affected by the attack, those who have lost family and friends and those who have been injured, those grappling with uncertainty, fear and terror in the aftermath of this horrific event. I acknowledge the impact that this has had and will continue to have on Jewish communities in British Columbia, all of whom are in my thoughts.
In particular, my thoughts are with the family and all those who knew Ben Mizrachi, a leader in Vancouver’s Jewish community, and with the families of the other Canadians who have been killed and who are missing. It’s devastating to think of the pain that these families are enduring.
Terrorism as an act aims to frighten and divide us. It seeks an emotional response, one led by anger rather than empathy. I urge all of us not to let anger and hatred win but to remain unified and focused on peace.
The acts of hate and anti-Semitism against Jewish people here in B.C. cannot and must not be tolerated. They are unacceptable.
I acknowledge, too, the growing humanitarian crisis in Gaza and the impact on Palestinian citizens. Withholding of food, water, health care and other essential supplies is contrary to both moral justice and international law. The civilian Palestinian population of Gaza, 50 percent of whom are children, are entitled to safety and security. I urge governments to work together to ensure that Gaza has access to essential resources and to focus on the diplomatic solutions that can bring an end to the escalation of violence.
Within British Columbia and, especially, within this House, I urge all of us to be focused on ensuring the safety of all who reside here and to do all that we can to prevent hate, anti-Semitism, Islamophobia and violence in all of its forms.
In particular, I ask all people within British Columbia to ensure that we are doing what we can to commit to non-violence and to acknowledge the inherent humanity of both Israeli and Palestinian civilians, of Jewish and Muslim people.
B. Banman: I would like to thank the words from those that have spoken before me.
This past Friday and Saturday, we watched in absolute horror as Hamas terrorists published vile disturbing videos of rape, torture, murder and kidnapping of Israeli civilians on social media, including women, children, babies and the elderly. It was an act of cowardice and profound evil by radicalized men full of hate who chose to prey on vulnerable innocents, on an auspicious Jewish holiday, no less.
I want to express my most heartfelt condolences to those innocent civilians, their families and the Jewish community in British Columbia, in Canada, in Israel and across the world.
I also want to take a moment to specifically express condolences to the families and friends of Canadians who have been murdered by Hamas terrorists in Israel and for all of the innocent civilians who have been killed in the past week.
May their memories be a blessing.
Over the course of history, Jewish people have been persecuted. They have been maligned, and they have been murdered for their very identity — for their faith. I want to be unequivocal. We believe in Israel’s right to exist and its right to defend itself. Now more than ever, it is clear that the Jewish people must have the ability to control their own destiny. Every single death of an innocent human being, regardless of their colour or creed, is a profound tragedy.
Without reservation, we denounce every celebration that occurred after the attack on Israel and Jewish people by Hamas terrorists. It is profoundly wrong and deeply disturbing to watch people across the world, and especially here in B.C., celebrate the rape, the murder and the torture of women, children, and the elderly by Hamas terrorists.
British Columbians are better than this. We are all better than this, and now, more than ever, we need to fill our hearts with love and peace and search for that. The world desperately needs it now, more than ever.
Mr. Speaker: Members, I ask the House to observe a moment of reflection.
[The House observed a moment of reflection.]
Oral Questions
GOVERNMENT ACTION ON HOUSING
AFFORDABILITY AND HOUSING
TARGETS
T. Stone: The Premier’s empty promises have trapped British Columbians in the NDP’s middle-class squeeze, with soaring rents and unreachable home ownership.
After two elections and seven years of broken promises, the Premier released weak and delayed housing targets that don’t even meet basic CMHC guidelines for affordability. These weak targets are a recipe to maintain the NDP’s new normal, which is the highest rents in all of Canada and the worst housing affordability in North America.
Why did the Premier blatantly ignore CMHC guidelines on housing affordability when he came up with such weak housing targets?
Hon. R. Kahlon: We’ve talked about this many times in this House.
We know that we have a real challenge when it comes to housing in British Columbia. Two decades of underinvestment in housing. We’ve seen inflation, global inflation impacts. We’ve seen a record number, 240,000, of people come to British Columbia to seek opportunity because we have one of the strongest economies in the country. With that comes some challenges when it comes to housing.
We’ve set targets for the first ten communities. We believe they are both aggressive and, with proper measures, doable for communities, but it’s the minimum. Seventy-five percent is the minimum they must reach.
These are net targets. These are not housing starts compared to what some in the media have characterized as housing starts from one community to housing starts…. We’re saying housing starts to include, also, net new housing that needs to be in communities. A recognition that we must build more housing.
Mr. Speaker: Opposition House Leader, supplemental.
T. Stone: Well, the minister can try to distract and point his finger here, there and everywhere. His government’s housing targets are already a monumental fail.
The news flash, also, for the minister should be this. NDP announcements and empty promises won’t fix the housing crisis. Only building more homes will.
Now, in the words of Peter Waldkirch, from Abundant Housing Vancouver: “This number won’t make a dent in the housing crisis, and it’s time to go back to the drawing board.” The fact of the matter is that B.C. needs over 600,000 new homes by 2030 to give people a break from the NDP’s middle-class squeeze.
Why is the Premier insisting on weak housing targets that not only fail to solve the housing crisis but worsen the NDP’s new normal, which, again, is the highest rents in all of Canada and the worst housing affordability in North America?
Hon. R. Kahlon: Again, we know it’s a challenging time for many in our communities throughout the province. This is not a challenge that only B.C. is dealing with. It’s a challenge that’s being felt by jurisdictions across North America.
What we’ve done is taken steps to put strong targets in place. We have announced the first ten communities. We’ve set targets for all those ten communities.
The members from Kamloops will know…. Their community believes that these are tough targets to meet. If you talk to the members from Abbotsford, they’ll tell you…. Their community will tell you these are tough targets to meet. The members from Victoria, from Saanich, etc.…
We set these tough targets because we know that in order to address the housing challenges we’re dealing with, it’s going to require all communities to be part of the solution — not just the first ten, but all communities to be part of the solution.
SUPPORTIVE HOUSING SERVICES
AND SAFETY AT NORTH
VANCOUVER SITE
K. Kirkpatrick: The NDP’s failures on housing have had a disastrous human impact, made worse by this Premier choosing to warehouse the homeless without adequate supports.
The Travelodge on Marine Drive in North Vancouver is a glaring example of this. I’ve heard countless concerns from neighbours and families horrified by the open and unsupervised drug use and rising vandalism.
Now, this is despite my letter to the minister in June and my multiple follow-ups to that letter. It has been ignored. It proposed potential solutions.
Why is the Premier allowing such lawlessness and danger to fester at the Travelodge and ignoring pleas for more supports?
Hon. R. Kahlon: When we talk about the housing crisis…. Of course, there are different impacts on different people. Everyone, we know, needs different types of housing in this type of environment.
We had a question about the targets not being tough enough. We have a member, from West Vancouver, standing up and asking questions about housing. She should also know that her community got targets. They believe that the targets are too aggressive and that they won’t be able to reach their targets.
Part of the targets is a recognition that the community needs to have shelter spaces. They need to have supportive housing available for people. People are struggling, and every community has to be part of the solution.
I met with the West Vancouver mayor and council during UBCM. We talked about possible solutions to address some of the challenges that they’re facing in their community. We’re going to continue to work with them to solve that.
Mr. Speaker: West Vancouver–Capilano, supplemental.
K. Kirkpatrick: The minister is responding to something which is not related to the question I was asking, with respect to housing targets in West Vancouver.
The NDP is systematically failing communities by warehousing people with severe mental health and addictions issues without supports. Police have recommended 24-7 security and secure entry systems at the Travelodge, which I also described in the letter I sent in June, yet the NDP does nothing but stonewall the concerns of my community.
Neighbours have reached a breaking point. They report to me that people are dying and being removed from the Travelodge in body bags. Now, we owe vulnerable British Columbians better than that.
How many more people must suffer or die before the Premier acts to investigate this colossal failure at the Travelodge in North Vancouver?
Hon. R. Kahlon: Again, we know there are people in our communities that are struggling and that need support. That’s why we had to take steps to move people into accommodation, whether that be the Travelodge, whether that be buying a motel where there’s no supportive housing in place.
We’re two decades behind. Communities have not stepped up to say: “Hey, we can build this type of housing for people in our community.”
Interjection.
Hon. R. Kahlon: I don’t think this is a question that’s worth heckling. I think we’re having a good discussion here, and I think we should keep it that way.
We know there are people struggling in our communities. That’s why we took the steps in that community to find ways to get people into shelter and to get them the supports they need to get back on their feet.
Interjection.
Mr. Speaker: Please continue.
Hon. R. Kahlon: Thank you, hon. Speaker.
That’s why we’ve taken the steps to try to get people into housing and to get them the supports they need.
I met with the West Vancouver mayor and council. We talked about ways to create mitigation strategies. We already have fencing there. We already have security there. We’re going to find other ways to continue to support vulnerable people but support the community as well.
PAID PRACTICUMS FOR
STUDENT NURSES AND
EDUCATORS
S. Furstenau: We’re in a health care crisis. Critical staff shortages have led to unsafe nurse-to-patient ratios. ER closures are happening across the province.
While the health care system crumbles, nursing students want to help pick up the pieces in their clinical practicums. They contribute to patient care, but they are not compensated for their labour. Nurses come out of school with significant debt, and many are working additional jobs while in school to make ends meet.
To the Minister of Post-Secondary Education and Future Skills, the nursing profession should be open to students of all economic backgrounds. Will this government ensure nursing students are paid for their clinical practicums?
Hon. A. Dix: The fundamental importance of nursing is why 42 of the 70 initiatives in our health human resources plan are about nursing. The significant increase in the number of nurses this year, when you think of a net increase of 5,221 nurses this year….
Supports in the post-secondary system are significant. One aspect of that plan is, for example, the significant increase in the employed student nurse program. Of course, we will continue to work with partners.
Because of the significant actions we’re taking on nursing, which are seeing real results in every part of British Columbia…. Those significant actions have to continue, and we will look at every program to see that it has improved to the maximum possible extent.
The significant actions we have taken — in favour, especially, of student nurses, not just in their programs but in housing — will continue, including the increase of 602 nursing spaces this year.
Mr. Speaker: Leader of the Third Party, supplemental.
S. Furstenau: The Minister of Health likes to talk a lot about numbers. Here’s one number; 760 hours of unpaid work is what a nurse-in-training does in their practicum, 760 hours unpaid.
Industries dominated by women — education, nursing, early childhood education — receive little to no support during their practicums. In fact, they have to pay for their work experience. These areas are chronically understaffed, but those who want to be in them face immense financial barriers.
Doctors, engineers, tradespeople and lawyers are justifiably paid for their apprenticeships, practicums and internships, but those in women-dominated fields pay to do the important training in their fields.
My question is to the Minister of Post-Secondary Education and Future Skills. Will she implement a system of paid practicums for nurses, educators and early childhood educators?
Hon. A. Dix: The reason why we’ve added nursing programs is…. We need more nurses, and we need to support nurses in B.C. It’s why we’ve added them in every region of the province, including in places such as Prince George and Fort St. John and other places in B.C. It’s why we’ve added employment programs for nurses that are delivering significant numbers of new hours this year as part of a health human resources plan.
As I said to the hon. member, we will look at every program to ensure that we’re providing adequate support to nurses and to other health care workers as we meet the health human resources challenges of today.
DRUG DECRIMINALIZATION PROGRAM
AND PROSECUTION OF DRUG
TRAFFICKERS
J. Rustad: Drug dealers love this NDP government. In fact, the only problem drug dealers have with the Premier is that this government is the biggest competition, with both safe supply and their funding to the Drug Users Liberation Front to purchase drugs.
B.C.’s law enforcement officers tell me that decriminalization takes away a critical tool used to catch drug dealers. It takes away their ability to seize users’ drugs to be used as evidence to go after dealers.
Could the Premier explain why this government has chosen to make life so easy for drug dealers who peddle hard drugs that kill British Columbians?
Hon. J. Whiteside: Thank you to the member for the question. Our province, as with every other jurisdiction in the country, is in the grips of an unrelenting public health emergency associated with the toxic drug crisis. That crisis is taking thousands of lives of British Columbians every year.
That is why we are scaling up — with our partners in the health sector, with our partners in law enforcement, with our partners in community services and in municipalities — strategies to intervene and to try to keep people alive, so that we can connect them to the care and support and treatment that they need.
We are working across the whole continuum, including on our project related to working with police with respect to decriminalization, to eliminate the stigma that prevents people from reaching out for care and support. We’re going to continue to do that life-saving work.
Mr. Speaker: Fourth Party Leader, supplemental.
J. Rustad: Well, the issue is the tool being taken away from police officers to be able to catch drug dealers.
According to the report by the Stanford Network on Addiction Policy profiling opioid addictions in Alberta and British Columbia, B.C. has “very low volumes of active charges in the case of drug supply, importation and trafficking.” In fact, 82 percent of incidents in Alberta result in a charge, while only 29 percent of drug crime incidents in B.C. result in a charge.
Perhaps the Premier could explain to British Columbians why this province, under the NDP’s leadership, is so renowned for being lax on drug dealers, traffickers and importers.
Hon. N. Sharma: Thanks for the question. What I can say is that public safety and the safety of British Columbians is very important to this government. We have put serious investments into Crown counsel across this province. As the member likely knows, Crown counsel makes independent decisions on their charges.
Last week I was in Quebec, with a meeting of all Ministers of Public Safety and Attorneys General across this province, advocating for stronger tools for our bail reform and our repeat offenders initiatives to make sure that Crown counsel and our justice system have the tools that they need to respond to the pressing challenges of today.
We’ll continue to invest in the resources we need to make sure that we can increase public safety in this province. It’s something we take very seriously.
GOVERNMENT ACTION ON HOMELESSNESS
T. Halford: British Columbians are stuck with the highest rents in Canada and the worst housing affordability in North America under this NDP’s new normal.
In Surrey alone, homelessness has shot up by 76 percent since 2017. On Friday, I heard directly from a 75-year-old woman who asked if she could park in front of my office. Her car is where she lives, and she doesn’t feel safe.
My question is to the Premier. How much longer will the people of Surrey have to endure the NDP’s new normal of record high homelessness?
Hon. R. Kahlon: Certainly, we have seen, not only in British Columbia but across North America, a rise in homelessness coming out of the pandemic. This is not a challenge that only we are dealing with, but it’s a challenge that we are seeing across North America.
We have made significant investments to try to get people back into housing, try to get them the supports they need, the wraparound supports they need, so that they can get back into market rent, get back into employment.
We’ve seen some success, but there are still a lot of people struggling. That’s why taking steps like we did today around short-term rentals is another step to get more housing back on the market.
I met with a couple in Abbotsford living in an RV. They are both working full-time jobs but couldn’t afford a place to live. They’re seeing people buying three, four or five homes as investment properties and saying: “That’s not fair.”
We need access to housing. That’s why we took the step we did today, and we’re going to take a lot more steps to address the challenges we have ahead of us.
T. Wat: Seven years, two elections and the NDP have delivered the highest level of homelessness in B.C. history.
In Richmond, this NDP disaster means homelessness has more than doubled: up 131 percent since 2017. Nobody, nobody feels safe in Richmond anymore, yet the NDP government MLAs remain completely silent. Not even one word.
How much longer will the people of Richmond be subjected to the NDP’s new normal of the exploding homelessness crisis?
Hon. R. Kahlon: I appreciate the member’s question. I met with Richmond councillors at UBCM. They didn’t raise that everybody in the community is not feeling safe. They did talk about people that are homeless and the fact that they need some more supports. I think that’s…. I hope that’s what the member was implying about safety — that there are vulnerable people in our communities, and we need more housing.
We’ve taken steps in Richmond to bring 514 units of affordable housing online for people. Two decades of lack of investment for the vulnerable people in our communities. For a time here, we had a Minister of Housing on the other side who said: “If you can’t afford it, just move.”
We’re not saying that to people. We’re saying that if this is your community, if this is where your family members are, then we’re going to work with you to get affordable housing for you in your place where you live. We’re taking a different approach than has been taken by previous government.
T. Shypitka: The NDP’s new normal has British Columbians dealing with the highest levels of homelessness in B.C.’s history.
In Cranbrook, this means a 300 percent increase in homelessness since 2018. Seven years, two elections and what we get under this NDP’s rules and mandates are downtown cores that are crumbling.
How can the Premier possibly try to justify a 300 percent increase in homelessness as a new normal in Cranbrook?
Hon. R. Kahlon: As I said to the previous member, this is a challenge we’re seeing across North America. Every single city, every single community is seeing numbers go up coming out of the pandemic, combined with mental health challenges and combined with a toxic drug supply that’s making it even harder for people that are struggling to recover.
All these challenges are what we’re dealing with on the front lines. That’s why we’re making the investments we’re making. The community, Cranbrook, that he mentioned — his community…. He’ll know that there’s been a significant amount of affordable housing units that have opened up in this community. His local mayor and council welcomed those investments, and those investments just have not been happening.
Over the last two decades, there was little to no investment being made in communities to build affordable housing. We’re going to continue this work. We’re going to bring in things like short-term rentals to get more housing stock online. We’re going to take other steps, which are coming with legislation, to get more housing supply, so that we can get people the homes that they need.
S. Bond: What British Columbians want from this Premier and this minister are a whole lot less words and a whole lot more action.
Seven years, two elections and the NDP’s housing failures are glaring whether you live in Prince George or Delta. In fact, it was unbelievable recently to hear this minister lay the blame on my community in Prince George when it’s his responsibility to ensure there’s housing for people in British Columbia.
Perhaps he needs to take a minute and look in the mirror, because in his own community of Delta, homelessness has skyrocketed by 132 per cent since 2017.
It’s time for the Premier to get up and take accountability for the highest levels of homelessness in British Columbia’s history. I’m counting on him to stand up and do that today.
Hon. R. Kahlon: I appreciate the question from the member. The member raises Prince George and says that I blame the community. Here are some words I want to share with the member. “What is most disappointing about the decision is that the city of Prince George seemed to be moving in the right direction. In June, the city and the province came together to sign a memorandum of understanding focused on addressing the community’s escalating housing crisis. Then, at the end of August, without explanation, the city rejected these much-needed resources and opted for a trajectory of needless trauma.”
These are not my words. These are the words of Regional Chief Terry Teegee talking about how we finally had everybody at the table on a path forward to ensure that the community was safer and the most vulnerable people had the supports they need. The city of Prince George, on a surprise announcement, at an in-camera meeting, changed that direction.
Now, I’m grateful that we got a chance to meet with them to have a conversation about how we get things moving again. But we were on a path to address challenges in that community. It’s disappointing that they chose a different path.
D. Davies: The NDP just don’t get it. Homelessness is worse than ever, and everything we’ve been hearing the minister say today isn’t working, all while British Columbians suffer through the highest rents in Canada and the worst affordability in North America. Even in my community of Fort St. John, we’ve seen an increase of 67 percent in homelessness.
Seven years, two elections, and communities such as Parksville and Qualicum are being crushed by the NDP’s failures. A staggering 145 percent increase in homelessness.
How much more suffering will it take for the Premier to admit that the NDP’s new normal of record high homelessness in Parksville and in Qualicum is an abysmal failure?
Hon. R. Kahlon: Certainly, I do appreciate that the opposition now is talking about homelessness. I do appreciate that now they’ve discovered this is an important issue that should be discussed in this chamber, because on this side of the House, we’ve been fighting for the most vulnerable people for the entire time when we were in opposition and when we’re in government.
It’s almost as if they just woke up to the fact that there are people in our community that have been struggling, not just now but have been struggling for a long time.
Interjections.
Hon. R. Kahlon: Oh, they say it only started seven years ago, because before the 16 years they were in government, there was no homelessness. There were no issues.
The member will know that in his community, we’ve opened 92 affordable housing units. I would challenge that member to go back to see the previous 16 years if there were any affordable housing units open in his community.
We’re going to continue to do what we need to do to invest in communities and to invest in affordable housing for the most vulnerable people in our province.
L. Doerkson: While some of the members of our government choose to laugh here this afternoon, I can assure you that no one in Cariboo-Chilcotin finds this funny.
Seven years and two elections and the NDP failures are glaring. Under the Premier’s watch, homelessness is spiralling out of control. Right in my own backyard, Williams Lake has had a shocking 79 percent increase in homelessness since 2018. For the people of the Comox Valley, homelessness has more than doubled, a 132 percent increase, and still no word from the NDP MLA.
Why is the Premier expecting the people of Williams Lake and Comox Valley to settle for the NDP’s new normal of record high homelessness?
Hon. R. Kahlon: I met with the mayor of Williams Lake just recently at UBCM. He appreciated the fact that we’ve already made significant investments in his community, opening up affordable housing. He knows more are in the way, coming in the process right now.
We’re going to continue to do that in communities in Williams Lake and communities across the province, because we know that it’s going to require government to make investments to build these types of affordable housing.
That wasn’t here. That wasn’t the playbook in this province before we formed government. There was a saying that they would just leave it to somebody else to solve it. Somehow the market would solve the problem. It’s not the case. It’s going to require government investments. We’re building the foundation of the supports communities need.
Now, the member mentioned Comox. We are also making investments in Comox. We are also making investments in Courtenay. Talk to the mayor of Courtenay, and he’ll tell you that no government has made the level of investments in his community that we have been making. We’re going to continue to do that.
E. Ross: In the last seven years, all the issues facing B.C. are characterized now as crisis. It doesn’t matter what you mention. Housing, homelessness specifically, is described as a crisis.
No matter how many announcements you make, the results are worse.
The NDP’s failures are obvious all across the province as homelessness skyrockets from one community to the next. In just one year, Terrace has seen an increase of 46 percent in homelessness. But wait. Smithers outdid us. Theirs is a staggering 97 percent increase in homelessness. Let’s not forget Prince Rupert, where homelessness has soared by 106 percent. Silence from the NDP MLAs representing those regions — their own representatives that should be advocating in this room, in this House, on this floor, in this chamber.
Can the Premier tell people in Terrace, Smithers and Prince Rupert, how much longer they have to put up with the NDP’s new normal of record-high homelessness?
Hon. R. Kahlon: I’ll start by saying that I am so proud of my colleagues. Every single day I have colleagues coming to my office saying: “We need this in my community. We need more affordable housing. We need more supportive housing.” Why? Because we know there are great challenges in communities.
We also have members from the opposition who come and advocate for that, which is great, because I think we all need to work together to get that type of housing built.
The member talks about Terrace. He should know — and he knows; I do know he knows — that we have taken steps to open affordable housing in his community, both with the local nations, and also, when there are emergencies in the community, we’ve taken steps to get emergency housing available for people so they wouldn’t be in vulnerable situations. We can avoid them being homeless.
I know members understand that. I know it’s a challenging time for people and communities. That’s why it’s critical that we not only invest in more housing, but we also do things like we did today with the short-term rentals: get more housing stock back on the market so those that are working, that have money but can’t access housing, have an opportunity to do so.
R. Merrifield: So $4.9 billion in affordable housing for low-income individuals, seniors and families; 6 percent of total housing stock in British Columbia for government-assisted housing with various levels of support; 24,000 new units of affordable housing; 12,390 new units of housing for seniors and people with special needs across the province; 6,900 housing units for the homeless or those at risk of homelessness; 3,000 units of housing in the Downtown Eastside. Oh, wait, wait. That’s our record.
Let’s go to yours. The NDP’s failures to combat homelessness are evident across the Lower Mainland. Burnaby is grappling with a staggering 203 percent increase. North Shore, not far behind, up 68 percent. New West is up by 53 percent, and the Tri-Cities up by a whopping 73 percent. Langley and Vancouver have increases of 14 and 13 percent, respectively.
When will the Premier acknowledge that these dire statistics are now his legacy?
Hon. R. Kahlon: I’ve already mentioned several times that it is certainly a challenging time not only in B.C. but across North America.
Now, I really appreciate that member asking the question, because the member will know that Thursday I was in her community making a significant announcement with the mayor: 120 new supportive housing units coming to that community. The mayor said that this was a significant and huge investment in the community. We agreed on….
Interjection.
Mr. Speaker: Members.
Hon. R. Kahlon: Oh, he did. He did.
He also said that the additional supports, the HEARTH supports, the supports of coordinating with bylaw officers, coordinating with mental health professionals, coordinating with health professionals is exactly what his community needs.
Interjections.
Mr. Speaker: Members.
Members, come to order.
Hon. R. Kahlon: In fact, the member was in the front row clapping, because she knew it was important for her community.
[End of question period.]
Tabling Documents
Hon. K. Conroy: I respectfully present the approved guarantees and indemnities report for the fiscal year ended March 31, 2023, in accordance with the Financial Administration Act, section 72(8).
Orders of the Day
Hon. R. Kahlon: I call Motion 50 on the order paper.
Government Motions on Notice
MOTION 50 — MEMBERSHIP CHANGE TO
PARLIAMENTARY REFORM
COMMITTEE
Hon. R. Kahlon: I move that Motion 50 with respect to membership on the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills standing in my name on the order paper:
[That Fin Donnelly replace Adam Walker as a member of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills.]
Motion approved.
Hon. R. Kahlon: I call Motion 51 on the order paper.
MOTION 51 — MEMBERSHIP CHANGES TO
FINANCE
COMMITTEE
Hon. R. Kahlon: I move that Motion 51 with respect to membership on the Select Standing Committee on Finance and Government Services standing in my name on the order paper:
[That Nicholas Simons replace Adam Walker, and that Coralee Oakes be added as a member of the Select Standing Committee on Finance and Government Services.]
Motion approved.
Hon. R. Kahlon: I call Motion 52 on the order paper.
MOTION 52 — MEMBERSHIP CHANGE TO
CROWN CORPORATIONS
COMMITTEE
Hon. R. Kahlon: I move that Motion 52 with respect to membership on the Select Standing Committee on Crown Corporations standing in my name on the order paper:
[That Nicholas Simons replace Adam Walker as a member of the Select Standing Committee on Crown Corporations.]
Motion approved.
Hon. R. Kahlon: I call Motion 53 on the order paper.
MOTION 53 — MEMBERSHIP CHANGE TO
PUBLIC ACCOUNTS
COMMITTEE
Hon. R. Kahlon: I move that Motion 53 with respect to membership on Select Standing Committee on Public Accounts standing in my name on the order paper:
[That Renee Merrifield be added as a member of the Select Standing Committee on Public Accounts.]
Motion approved.
Hon. R. Kahlon: In this chamber, I call second reading of Bill 31, Emergency and Disaster Management Act.
In the Douglas Fir Committee Room, I call Committee of the Whole, Bill 27, Money Judgment Enforcement Act.
[J. Tegart in the chair.]
Second Reading of Bills
BILL 31 — EMERGENCY AND DISASTER
MANAGEMENT ACT
(continued)
B. Stewart: It’s an honour to stand up on a very important particular topic — the Emergency and Disaster Management Act that was tabled in this House on October 4.
I think that one of the things that, in my time as being both an MLA as well as having been through many crises in the province but, more importantly, back to 2003, when we really saw some of the challenges that were faced by communities such as Kelowna in terms of the damage caused by a wildfire that was allowed to burn and the cause of what that meant to our community — 350-plus homes, 35,000 people evacuated, the loss of the Kettle Valley trestles….
It was a devastating impact. Thank goodness we were able to divert and not have more of the Kelowna area damaged.
In my time, as I mentioned, since 2009, there’s almost not a year that’s gone by where I have not seen the impact of fires. I know that fire has been in British Columbia for as long as I’ve lived here. But I do think the situation is that when it comes to dealing with something that is as important as emergency management and the disasters that are caused by not only wildfires….
The fact is that they’re even talking on the radio or TV today about another atmospheric river. Well, let’s hope that it’s not the same as it was a couple of years ago and we’re faced with the flooding and the damage that occurred in November of 2021.
It’s no question. This year speaks for itself. The evidence shows, and it will continue to play out, that this is not only one of the worst wildfire seasons that we’ve had in our lives, in the history of British Columbia, but it’ll also be one of the most expensive.
I think that what people are looking for in this particular change or legislation is the fact that the government has their backs. Where are they going with this particular piece of legislation? What do they want to do with it?
It does actually address some very good things that I think a lot of people and communities are interested in — the fact that First Nations are being respected and asked for their help and part of it. But the solution doesn’t end there.
The solution is in every local government, whether it’s the 160-plus municipalities, 27 regional districts and all of the people that work in those communities. They’re counting on leadership from the province. Sadly, I think that this particular piece of legislation….
We as the former government, in 2017, recognized that there needed to be updates in this. The problem is that the magnitude and the ferocity and the intensity that these disasters and emergencies are happening at require us to work at a faster pace, with more diligence, and recognize that the system that we had in place some 30 years ago isn’t keeping up with the changes.
There is a huge amount of changes that have to occur on the landscape. We’re not going to get it done in the next 12 months. We’re probably not going to get it done in the next decade or even two. However, we need to come up with solutions that are going to help make these things change and happen.
I had the unfortunate experience, as did many of my colleagues that are in the area — including yourself, Madam Chair — where we had a fire called the White Rock Lake fire come through. I think that for most people…. When it started out, it was a modest fire. There were people from Tolko, I believe, that were actually there when it was told: “Stand down. Don’t do anything.” I’m thinking: “Well, that doesn’t solve the solution.” We have a reality that it burned through….
We’d already had the fire in Lytton, for starters, which…. Having been there this summer, I can assure you that for any of you that haven’t visited Lytton, it’s frightening. It’s scary to think that here a community could be completely razed in a matter of a couple of hours and burned to the ground. It now stands completely vacant, with a few structures that somehow, remarkably, survived. The fact that we have so many people that want to rebuild…. They want to re-establish themselves. There are barriers in the way of dealing with these things.
In my own community this year, we lost almost 350 structures, a number…. The magnitude of dollars will be far in excess of what happened in the 2003 wildfire, 20 years earlier, almost to the day. But the situation is that we’re not…. Our planning and response to this has to be much more dramatic and direct in terms of what it is that we’re trying to do and accomplish with this.
What I do see in this is that…. There are suggestions in this particular piece of legislation that it’s going to put an increased amount of responsibility on not only the communities but the property owners, the people that have infrastructure — a rancher that happens to have a dam up in the hills or maybe an irrigation pipe or something like that.
What if you’re…? It’s so easy to be impacted by this. The fact is that you now have to take precautions.
I always remember when I first got elected. We had a dam failure in Testalinden Creek, outside of Oliver.
It is important that we do get these things right, but the fact that the legislation has been now introduced some six years after the government was elected, and the fact that it was already prepared…. It’s obviously been updated. The thing about this is that it says that today, we’re going to actually start the consultation now. I’m thinking: “Well, what about the last six years?” Actually, almost seven years; maybe it is seven. What happened to the consultation?
The bottom line is that sometimes governments do want to do things differently. But the reality is we need to learn from those consultations where we can make changes on the landscape that are going to really make the difference, not only fireproof but make certain that we approach these things properly. I think that when it comes to this particular act, probably the biggest benefit of Bill 31 is the fact that it is more inclusive, but it does layer on a lot of added costs.
Now, I want to just tell you from my own community’s experience this past year…. I cautioned the ministry and the minister prior to us departing here in May of this year about the fact that there were serious concerns on my part, having been through, probably, almost a dozen wildfire interactions in Kelowna West since getting elected in 2009. We’ve had thousands of people evacuated, and we’ve been able to deal with them in a manner that was….
It wasn’t a great system. It didn’t have the checks and balances that government loves to have. They want to make certain that all the boxes are ticked before we give you a hotel room or give you a meal voucher. Sometimes the space is inappropriate, but they download that onto the local government. They make it the responsibility of the local EOC and the ESS to deliver on these things, but the rules come from Emergency Management and Climate Readiness.
This bill is dealing with some of those accountabilities, but the bottom line is that the failure in this particular disaster this year was the fact that they had a new software system that was not only mandatory, but it was required that if you were going to get any provisions from the government, you would end up getting through this process.
Now, of course, I happened to be there not just once; many times. We saw that in the first evening, there were about 60 people that were evacuated under an order. It grew to 100. The next day it was at 10,700 plus. We were not prepared — none of the systems that we had in place.
We had this silly accountability issue overriding the fact that we had seniors sleeping in their cars because we didn’t have the right rule book to get things out there. And the fact that people slept in their cars, seniors….
I remember shepherding an 85-year-old lady over to the gentleman that was running the ESS, and I said: “Mel, can we do something for this lady to get her out of her car, etc.?” We were fortunate. Mel was very helpful in those particular regards, but the system that was imposed by the government, which is rightfully so….
We want to be accountable, but the situation is that the system was not flexible enough. It wasn’t dynamic enough. It didn’t really work in the benefit of British Columbians, let alone the fact that…. Not the firefighting and all of those types of things. We’re just talking about these people that are evacuated. Where are they going to go to?
The next thing that happens is we have a state of emergency by the Premier. The next day after that, we have an order to evacuate or get out of the hotels: “Don’t come to the area.” This is one of how many fires in the region? But that’s what happened across British Columbia.
I can show you documentation that I’ve received from the tourist industry, not just in the Okanagan but across British Columbia. The impacts of taking such a sweeping kind of action like that — not thoughtful. The fact is that it didn’t have any of the elasticity that needs to be there to make these things work.
I know that there are an awful lot of questions that still have to be answered in terms of this. It is a huge bill. I mean, I think that it’s somewhere around 120 pages long, and it’s 205 sections long. It’s going to take some time to get through that.
The reality is we do want to get it right. We know the consultation is ongoing, but the situation is that we have to be alive to these things. We have to make certain that we’re moving ahead, and we have to make certain we’re moving ahead in terms of being a team.
I say that meaning we can’t have the provincial government and the local governments being at odds with one another, not having the supports, not having the clarity and the flexibility that they need to have when it comes to being able to make adjustments in a program. We did make the adjustments, but it took days and days and calls and the minister and I working on that. That’s because we were inflexible. We didn’t realize we didn’t have a way to pivot and change to make something work that wasn’t working, on a temporary basis.
Just last night was the end of the fact that…. The emergency management had allowed for people that were evacuated for the first seven days and did not get processed with hotels and rooms…. By midnight last night, they had to make their claim to EMBC or EMCR. They had to do that so that they could essentially get reimbursed for a lot of the out-of-pocket costs. The problem was the system that we had adopted and it’s inflexibility and the fact that the authority didn’t lie with the local people to make any of those changes to get on, and swiftly move to, a paper-based system.
They did do that, but it was painful, and it shouldn’t be that way. We should be looking for solutions in the long term. I’m glad that this is being brought forward. However, I do think that the consultation has been something that could have easily been started. I know that in 2017, there were a lot of fires in the North and the Cariboo, places like that, and there was some compensation given under disaster financial assistance. I’m not exactly certain how it was distributed, but it was….
I thought that that was a learning moment, where we kind of thought: “You know what? We’ve got to do things differently.” Well, it didn’t happen, and we had fires again, as I mentioned, in 2021. But we had many other ones in between. The reality is that we’re processing and putting people through these, I would say, atrocious processes that aren’t functioning. They’re not making things work.
I really think that these changes in this particular act need to come forward in a swift manner. I realize that some of these will be the part of government regulations, etc., but the reality is that we need to accept that we’re not doing a good enough job. We need to do better. We’re on the same team. These are British Columbians. We’ve got to look out for them.
I mentioned, on a positive note, that we welcome the inclusion of part 3 of the legislation, specifically concerning agreements with Indigenous governing bodies. These changes respect self-determination and the use of Indigenous governing bodies as defined in DRIPA and recognize the rights of Indigenous peoples in relation to emergency management.
Now, how many times did we hear that we didn’t talk to locals? I mentioned the White Rock Lake fire. I have firsthand knowledge of people that were in my riding. They came in, and B.C. Wildfire Service said: “We don’t want any local help. There are no roads up there.”
I drove those roads. There were all sorts of roads up there. There were access points they didn’t use because they didn’t have that local knowledge, yet I had dozens of people that lived in this area. Some of them had small sawmills. Their homes. They lost their livelihoods because of the fact that what happened was they were ignored.
The fact is that members from the OKIB, just north of us, Byron Louis, the Chief…. They could have told all the B.C. wildfire people that this is the route to get to Beau Park Road and help protect and put the proper fireguards in place. I guess, by ignoring it, what ended up happening is that it came down. A couple of nights later, we had a fire that came down and descended into Killiney Beach and Estamont and burned 85 structures. As well, my colleague to the north, in the Shuswap…. Lots of structures lost there and Fraser-Nicola. It’s just the type of thing….
I know that in Kamloops–South Thompson, they also had structures in and around Monte Lake. It’s the type of stuff where that fire became so big, it was almost unbelievable. But mind you, this year in the Peace River, I know that we’ve seen fires that nobody could imagine could be that big.
The member for Peace River North and I were talking today. We were wishing that atmospheric river was heading northeast, but it hasn’t arrived, he tells me.
One of the things about some of the obligations being presented or suggested in Bill 31 is that it may place an undue burden on infrastructure workers that would apply to privately and publicly owned networks, facilities, assets. We need to make certain how they’re better protected, how they’re supported.
It’s not good enough to have somebody that’s responsible for a private water system not have the resources and support to be able to make certain that that’s protected. I don’t think it was contemplated, when a private operator built a water system for a subdivision, that they were going to have to become firefighters and make certain that the pump houses and reservoirs and pipelines and things like that — that critical infrastructure — are protected.
We’re fortunate in Kelowna West that that was a priority. Our new water treatment facility that we have…. It’s not online yet, but we’ve invested, as taxpayers of British Columbia and federally, almost $90 million in that treatment plant. It’s not operational yet, and it was protected, but it burnt right to the side of the reservoir and the facilities that are supposed to treat that. That’s only the start of this.
We’ve got to look around. We’re only one neighbourhood in amongst tens of thousands in British Columbia. This particular act has got to do more, and it’s got to be swifter.
One of the things that I mentioned about the issues we had in Kelowna West during this particular wildfire system…. I think that one of the things that needs to be able to happen in legislation is somehow we can make it so that practical, commonsense solutions can be adopted early on. There are people that know these things. They understand, but they’re held back because of the rule book. We need to bring out that playbook, and we need to make certain we get things done in a timely manner.
I don’t want to dwell on the fact that the fire…. On Tuesday, we had a briefing, as MLAs, with disaster financial assistance, B.C. Wildfire, the weather forecast centre. They were predicting those high winds that took that fire from being two hectares to where it is today, and it’s a massive wildfire that jumped across Okanagan Lake and went into Kelowna–Lake Country.
I don’t know if there are other examples of that, although now that I’ve seen it happen, I’m not certain that it’s that impossible — that it can’t skip and jump miles ahead. I do think that that’s one of the things that we need to be alive to. Our disasters that we’re having — an earlier and more aggressive response could help mitigate that.
I want to talk about the people that lost those 340-plus homes in Kelowna West this year, and the ones lost up in the Shuswap. There was a similar number, up around 200 or whatever. A lot of these people, and I found that out in the White Rock Lake fire, were in areas where people say: “Oh, you can buy insurance.” Well, you know what? That’s not necessarily true. But we do allow them to build. We allow them to have cabins on lakes on leases and stuff like that, because of the fact they say that you can buy insurance. It might cost you more than the cabin is worth. What are we doing to…?
It’s now changing, because what’s happening is that noose, if you want to call it, around those properties is getting tighter and tighter and smaller. So people that want to buy insurance, want to protect themselves, are literally financially forced out of the equation, and it can’t help. What are we doing about that? We don’t want to have to go to the federal government and say: “Listen, we need disaster financial assistance.”
What we’re looking for is a system that encourages and helps support the fact that people can carry the proper amount of insurance to make certain that they’re taken care of. But with rising housing prices….
I can’t help but think about a story I saw on Global last night about somebody that was in the Sumas Flats. With the atmospheric river, the house went from being a couple of million dollars in value down to zero because of the fact that there are landslides and all sorts of other things. We can’t take people’s entire life savings and extinguish it, because we are not prepared to do that.
We have to come up with a system. I would hope that Bill 31, although I don’t see it in there…. I want to make certain that we get to the point where people are incentivized by this bill, Bill 31, and that we’re making it so that people can find the means to be able to get the insurance coverage or protection.
In the case of what we’ve had in the last few years, we have to do more than just give them ESS help. That’s not enough. The fact is that we are talking not ten houses or 50; we’re talking hundreds. Literally, this year in the province I don’t know what the total number is. The reality is that these people are not going to be able to recover. What we’re saying is: “You know what? You should have known better.”
The bottom line is that there are four points in here. I’m just trying to find those points about Bill 31. Resiliency, or making certain that we deal with the situations where we take preparations — we have been doing that with FireSmart.
At UBCM, I had the opportunity to talk to the contractors that fireproofed a lot of the area up in Kelowna West. There were individual pockets where they couldn’t do the work. They were told that those were private lands, not Crown lands. It wasn’t an area where you could…. They were essentially private lands, and we allowed those forested areas to not be attended to.
I’m sorry, but that’s just not the way it has got to work. We have to fireproof communities. We have to do a job so that we can make certain that they are protected. When we do go to fight, we’ve got to make certain that we fight with the ferocity that it’s going to take to contain and protect communities.
Then we have to make certain, if we have losses, that we have the right structural programs. Then we have to make certain we’ve got resiliency, so that these people can get back on their feet and don’t get wiped out. That’s what’s happening with the situation: disasters and wildfires that are only too numerous to talk about.
I’m sitting here looking at the fact that this consultation is taking place right now, but it’s expected to go for another couple of years, as Bill 31 points out. What about next year? It’s just around the corner. We’re in October. What are we doing to prepare for it?
I know there’s talk about more people full-time and things like that. We have to make some dramatic changes. If we don’t get it right, let’s fix it later on, but we’ve got to work on the principle that what we’re trying to do is make as informed a decision as we can today, with the idea that while this review is going on, we’re going to do better. We’re going to come back. We’re going to do the public consultation, which I’m sure this year will be extensive.
You know, these things are never easy, but the reality is that we have to make significant, informed, thoughtful decisions about how we’re going to protect British Columbians in the coming season as we move ahead.
We did talk about some of the things in disaster financial assistance. There was a private member’s bill introduced in February of last year by my colleague from Kamloops–South Thompson. It talks about the DFA program, and I think that the situation is…. We already knew that the DFA program wasn’t working for people that have ranches. I remember seeing the footage up in Monte Creek, where people were out there with tankers. Essentially, they became the firefighters, and they weren’t going to let a barn be lost, or whatever.
That’s kind of part of the problem. They’re in a place where they can’t necessarily have the protection that we have in communities like where I live. I can buy insurance, but the reality is what about the ones that are in the remote or fringe areas? They’re all over British Columbia. They’re not just in Kelowna West. I think these people deserve to have some certainty.
We need to find a program and make changes in Bill 31 to try and improve on what it is that we’re trying to accomplish. It’s going to cost some money, but the reality is: look at how much the forest fire fighting has cost us this year. It is already known that it’s the worst on record. It’s expensive. It’s not easy to deal with this, but we’ve got to deal with it.
Maybe there’s some things that we should be doing differently in terms of forestry. I know that in my community, there’s a First Nation community forest and they want to expand and grow. They have principled approaches which will deal with old growth and things like that. There are all sorts of places where we could be doing work and flipping a switch — instead of saying, “Don’t log. Don’t do this,” making it so that communities can have that extra protection.
We talk about thinning. When I was on the mid-term timber supply committee, the Minister of Labour was on that same one. This is ancient history. He and I were out there, and we heard about selective logging up in Quesnel or the Cariboo region, etc. The reality is that it was being done, and it was being advocated. It’s not about taking everything; it’s about being practical. What are the best forest practices that we need?
It changes by region — the Cariboo, the Okanagan or the Interior, the rainforest out around Lumby, the Monashees and stuff like that. We need a different approach in all these areas. We’ve got to make certain that we protect these communities from disasters, that we have the trees still growing in the ground. In my community, I’ve got — I don’t know — 15,000 hectares that have burned. When the snow and rains come down and things like that, there are going to be problems. There’s going to be flooding, with people not being able to get back into their homes.
It’s my hope that with the discussion, we can move to a place where we can help accommodate and make certain that for future property damage, etc.… It’s not going to, maybe, cover all the costs, but it’s going to give you a hand up — the idea that we’re going to make it so that we can help people get restarted on what they’re trying to do.
I do think that the federal government, which is a big part of disaster financial assistance, needs to change some of the processes. I realize it’s a national program, but Canada is not the same all over. There are differences in and amongst different areas. Part of Bill 31 is addressing the disaster financial assistance program. It needs to be addressed in a manner so that it’s accessible and easy to access.
I heard this from people that are farming out in the Sumas Prairie. They had terrible difficulties in trying to establish what it was that…. I mean, there was denial. “You didn’t have this,” or “It wasn’t worth that,” or whatever. That’s just not the way it has got to work.
Farmers already have a tough enough time. We heard it this year on the Finance Committee. They can’t afford the hay because the cost of the hay is so expensive, the fact that the trucking is so expensive. There is no hay. We had drought conditions and stuff like that.
The reality is that the disaster financial assistance program, for those people that were impacted, like in Sumas Prairie, needs to make certain that it’s adaptable. That was not expected. I know that there are changes that probably have to occur there, the flood protection issues. What are we doing to get these people back up?
Farming is a bit of a rare breed. It’s not like everybody coming out of school is thinking: “Oh, I want to be a farmer.” They want to make certain that they have something that they can make a living at, so their parents tell them to go to university. Now we’re telling them to go and get a trade. What about farming?
I think the reality is that we need to send the right message to ranchers and farmers that we do care about what they’re doing and make certain that this is not going to be the end of what their opportunity is to provide for British Columbians.
I’m glad to see this morning that Kwantlen college is busy working on year-round berry production, just so that we’re not kind of a seasonal kind of thing.
I see that my time is up.
A. Olsen: Thank you for this opportunity to speak to Bill 31, the Emergency and Disaster Management Act, here at second reading.
It’s important, I think, just to acknowledge the social disruption, the disruption on people and communities that occurred this summer as we experienced the biggest fire season — it used to be called summer — in the history of the province. That would be enough, except for the fact that we’ve experienced out of the last five years…. I think four years of the last five top that list.
We’re seeing the disruption and the impact on people’s lives happening more frequently, and we’re seeing that impact happen to a level that we’ve not experienced before in our province. As someone who’s been around this place for a little while now, when those disruptions happen, we and the members here feel those disruptions in a fairly unique way. We hear those stories from our constituents and the experiences that they have firsthand.
[S. Chandra Herbert in the chair.]
We are not on the front line of fires or, during the atmospheric rivers, of floods. We’re on the front lines of the work that we do with our constituents to understand the impact that these disasters are having on people and on their communities. It’s our job to articulate that impact to the government, to the minister, to those delivering the services to, in this case, the wildfire response. It can get pretty tough to be representing communities that are under emergency orders or that are experiencing this level of disruption.
I think it’s important, first, to acknowledge all of the British Columbians across our province that have gone through the experience of intense smoke, intense fire, that have lost their property, that have lost their livelihoods, that have lost all of those important things that people accumulate and that have special memories, good feelings that are in those items. It’s important to recognize and acknowledge the impact that this past summer has had on many, many hundreds, thousands of British Columbians.
It’s, I think, important to acknowledge our colleagues here who represent communities that have faced that disruption. There’s this perception that when this Legislature adjourns for the summer, that the MLAs go on the barbecue tour. While that might happen to some extent, I think it’s important to recognize that when MLAs leave this place, when we adjourn, we have a whole other part of the work that we do.
I could not imagine it — I was sitting as one of those privileged MLAs from Vancouver Island; thankfully, we were left untouched from the fire disasters that we saw this summer — to be thinking of my colleagues who were right in the middle of it and whose communities were being impacted, and the representation that they did on behalf of their constituents.
So I acknowledge them as well, and acknowledge the work of the minister, who communicated and who was very much put to work this entire summer season, being the voice and the face of the government’s response in some very, very technically challenging areas of the province and under an incredible amount of pressure, to be able to deliver the best outcomes on behalf of British Columbians.
In those situations, we’re always going to be able to identify mixed results. Part of the work that we do here is to be able to bring that information back to the minister and to the ministry and hope that the response, from a policy perspective, is that we’re improving our policy, improving our systems, improving our infrastructure, improving our response. At those moments, the partisan differences in this place melt away, and we truly become colleagues operating in the same House to protect the greater house of British Columbia, the people of British Columbia, as best we can.
I appreciate the vulnerability, the honesty and the forthrightness with which the Minister of Emergency Management and Climate Readiness did her work this summer. So I raise my hands to her for being that this summer and being there for British Columbians this summer.
Bill 31 repeals and replaces the Emergency Program Act, EPA. It was last updated in 1993, a long time ago, and much has changed since then, including the COVID-19 pandemic. We’ve seen unprecedented floods, wildfires, heat domes. The latter, at least, we didn’t even know existed. We didn’t know about atmospheric rivers before the first atmospheric river; we didn’t know about heat domes.
Part of the framing of it…. We didn’t know it, I guess, in that language. We knew that they existed, but British Columbians didn’t really understand the impact that those have on communities and on people. We’ve been introduced to those concepts and to the severity, that when it gets oppressively hot for a long period of time, that’s a heat dome.
This legislation was promised a couple of years ago, and I know that it’s been worked on by government over that time. It’s not an easy change. These changes are not easy to make. It’s all-encompassing, and the government needs to be very thorough when constructing the new Emergency and Disaster Management Act, this Bill 31 that we’re going to be debating over the coming weeks. We’re debating it here in second reading, but where we really start to understand the bill will be in committee stage.
For this particular bill, we continue to see the government using enabling legislation, and a lot of the details are left out of the actual legislation that’s in front of us. So the best chance that we have, as opposition members, to understand the bill in front of us and what the intentions of the minister and of the ministry are on the forthcoming regulations comes at the committee stage, where we have an opportunity to ask questions.
Our staff have prepared a large number of questions for us to try to get to a deeper understanding of some of the ideas that are expressed in this legislation, in Bill 31 here — of how they work, how they are implemented, how they are executed on the ground, how British Columbians are informed about the changes, and how British Columbians understand their role going forward.
This summer, some of the more challenging aspects of the current framework were British Columbians wanting to be there in support, British Columbians wanting to be a part of the solution, and an ever-evolving culture that we have that excludes people. In some cases, it is for good reason, but in other cases it left me curious as to why community members could not be involved in the protection of their communities.
Bill 31 incorporates lessons learned from recent disasters, the Abbott-Chapman report of 2018, and it implements the Sendai framework and the declaration on the rights of Indigenous peoples. It recognizes the self-governing authority of First Nations when it comes to preparing for and responding to natural disasters, by creating individual agreements between the province and First Nations to coordinate the jurisdictional authority on emergency management, including prevention, response and recovery.
It’s important to acknowledge that this bill accounts for all four phases of emergency management. I just outlined them: mitigation, preparation, response and recovery. That comes from the Sendai framework, and it streamlines and clarifies the powers and duties of the minister, the provincial emergency management organization, ministries, public sector agencies and local authorities.
It broadens the definition of “emergency” to include security threats — for example; terrorism; transmissible diseases — something that we’ve become quite familiar with over the last few years; and environmental toxins.
It also expands the definition, to be updated to include the impacts to cultural sites. We’ve seen this summer and the previous summers, whether it be by flood or by fire, the devastating impact that those have on sacred sites for Indigenous people right across the province.
Part of this program that is being put forward here in this bill is the new responsibility for communities to create thorough risk assessments.
Now, there’s some of this that happens. I don’t want to suggest that there are no risk assessments that are going on in our communities, but I think it is important to understand that responsibility is changing and that there is a responsibility for the local, provincial and Indigenous governments to develop these plans and to coordinate the efforts of these plans on the ground locally and in an agreement locally and that the role of climate change will also need to be a consideration in these risk assessments and an important evolution of it.
The risk assessments must, among other things, identify all hazards and evaluate the degree or risk related to each hazard, as well as the potential consequences on a variety of different interests — people, animals, places and others who might be disproportionately impacted by disasters and emergencies.
Emergency response plans will be there to address the four phases of the emergency management — preparedness, mitigation, response and recovery — and will be based on the completed risk assessments. There will also be a requirement for business continuity plans to ensure that the business of local government can continue to function and that those services that British Columbians need from their local governments can continue to be delivered during that time of emergency.
There’s also a new and emergent aspect of this that didn’t exist before, and that is the involvement of local Indigenous governing bodies and Indigenous people within this consultation and cooperation that is consistent with the declaration on the rights of Indigenous peoples.
This is one of those areas where I am going to have many questions, I think, because I think that it’s important to acknowledge that while there is consent required from some First Nations, there is only a level of consultation and cooperation or a “consideration,” which is a word that frustrates me to no end because it means that all of the work can be done, and the minister can dispense their duty by considering and then moving on.
We have a great deal of effort, a great deal of energy invested and expended on Indigenous governing bodies coming to the table with their information, coming to the table with their recommendations, coming to the table with their interests and their rights. And the minister or the ministry or some statutory decision–maker considers them and then goes right along with whatever it is that the government had already decided.
We live in a changing world, and I think that it’s important that our laws and our legislation reflect that changing world that we’re living in. As I said, it’s been since 1993 that a major renovation has been done to this legislation.
Rather than going into too much detail here on each of the areas of questions that I’m going to be asking, I think it is important for us to leave as much time as possible for that at committee stage because what is written in the law here that we’re looking at in front of us isn’t necessarily exactly how it’s going to play out on the ground.
I think part of the challenge that we’ve had as we’ve analyzed this bill is understanding and being able to see how it takes shape on the landscape; how it changes the relationship between the provincial government, local governments and First Nations; where the money is coming from in order to do this?
How much of the ministry powers are retained, and how much of those powers become municipal responsibilities that are then unfunded, like we see this institution do willingly for local governments? How much of the responsibility or the power that the minister has turns into a responsibility for First Nations, Indigenous governing bodies, to be volunteering and donating their time to the provincial government in the development of their plans, in the development of all that work, only to maybe not be even adopted, for it to be considered, and then for everybody to move on as if it never happened?
So it’s important that we understand exactly how those relationships evolve, how those relationships play out on the ground. It’s important, I think, for local governments to understand, as they’re going to be responsible for implementing a lot of the emergency disaster management. How much are they going to have to shoulder of the cost and the expenses of this important work?
How often are the risk assessments? How often are the business continuity plans, the comprehensive management plans going to be updated and reviewed? What’s that process? How does…? Doing it once — that’s fine. But as I just said, times change. Things on the ground evolve. Nature evolves. How often are those going to have to be done?
I think the response from the minister about why it is that so much of this was brought forward, yet so much of it is going to be left to regulation…. So much of it is going to be left outside this legislative process. Yet another situation where the government says: “Just trust us. We will. Just trust us. We will.”
I’d love to get to a point where, when the government says, “Just trust us. We will,” I could say: “Absolutely. No problem.” But unfortunately, I’m not there right now. I haven’t arrived at that spot.
I feel that when we are taking a framework that has existed since 1993, and we’re replacing it…. Now, this is not an amending bill. This is replacing the system that we have. I think that the government replacing it owes it to British Columbians to put the details. I think that’s where the committee stage of this bill is going to be so important, where the minister has the opportunity to provide clarity.
If the minister can’t provide the specific clarity about the exact regulation, then hopefully the minister will come prepared to be able to provide a broad sketch, an understanding of where the direction is, what we can expect to see. The more detail that we have, the better. The more detail we have, the easier it will be for British Columbians to understand what their responsibilities are in the success of this.
Finally, I think it’s important to recognize that when we take a look at this bill, it’s difficult to understand what role fire departments…. Some of the specific, really important service delivery operators — what role do they play in this at this stage? I understand that, partly, it’s going to be developed from risk assessments. It’s going to be developed by these continuity plans. But the reality is that I think people are going to look at this legislation and say: where do we fit in this? Where does nature fit in this? Where does our relationship with nature fit?
We heard this summer about the way we are harvesting trees — harvesting our forests, for an example — and how we are replanting those landscapes and making sure the landscapes that are being planted are fire-resistant. How are the different ministries within government coordinating? How is the Minister of Forests involved in this? How is the Minister of Water, Land and Resource Stewardship involved in this? Does the Minister of Indigenous Relations have any responsibilities in this?
I think there needs to be clarity found within the roles and the policies that other ministries are drafting about landscape management plans, about biodiversity plans that the ministry of walrus, as we call it — the work that they’re doing. I think that some of that clarity…. I’m hoping that the minister comes to that committee stage debate prepared to elevate it.
With that, I just want to acknowledge that there is a tremendous amount of work that’s been done to get the bill here, to this stage. I really hope that as we get out towards the end of this autumn session that British Columbians are able to look at the legislation that we have. I feel pretty certain that this bill is going to pass at the end of the session. I just have a feeling that it’s going to be supported.
What I hope is that when that bill is supported, the people that are watching this and the people that are paying attention are able to say we have a more fulsome understanding of what it is: the law that is going to be guiding emergency and disaster management in our province, how it’s going to look and how it’s going to be. Right now, we’re really feeling we’re challenged to be able to clearly identify some key areas of this that the government has known about since 2003 and that they have known about since the Abbott-Chapman report in 2018.
We see elements of it. We see elements of the relationship with Indigenous governing bodies that I think we like. However, I think the detail is still lacking, and we’re hoping that that starts to crystallize and becomes more available for British Columbians going forward.
With that, I appreciate this opportunity to speak to this bill, and I’ll take my seat.
HÍSW̱ḴE SIÁM.
S. Bond: I appreciate the opportunity, and I appreciate the remarks of my colleague and friend the House Leader for the Third Party.
I want to begin by recognizing how important it is that revisions take place and that we are responding to a changing situation not just in British Columbia but, in fact, globally. We know the act needs to be revised. In fact, in this case, we have a full rewrite of the bill, and that calls for us to do our homework.
I’m going to get to some of the comments and concerns that I have in just a moment, but I really want to begin by thanking the men and women who worked tirelessly during this past summer and in previous emergencies to keep people and properties safe. They did that at their own risk. Many were from British Columbia, but others came from around the world and other jurisdictions across this country to help us in these devastating times.
I was doing an errand in my community in Prince George during the height of the wildfire season. Many of you who were paying attention would know that Prince George fire district — or VanJam, a specific part of that district — was extraordinarily hard hit this summer. I ran into a member of the Australian team that was stationed in the VanJam fire region, and I thanked him and said: “I am so grateful that you are here.”
His response to me is one that I will never forget, because he said to me: “I am here and we are here because you helped us when we needed it, and now it’s our turn.” So we had fire personnel from across this country, from South Africa and from Australia who stepped up and literally were here to help us.
All of us were devastated with the toll this summer. It was immense. We actually lost lives. The risk is very real, and it is tragic at times. So to all of those who work so hard on our behalf, we are deeply grateful.
I also want to recognize the minister for her efforts this summer to be inclusive. We were given the opportunity to participate in regular briefing calls, and those calls increased in frequency dependent on the circumstances we were facing. She also personally reached out to many of us during those terrifying and difficult days when our communities were impacted.
I simply want to say this. That is exactly what should happen during emergencies and disasters — and on other significant issues, I might add. I hope that it continues, because during those periods of time and during a crisis, I can assure you that my constituents aren’t trying to sort out what political party people belong to. They want all hands on deck. They want a collaborative and a coordinated approach.
One of the things that I know I discussed with the minister and appreciated her thoughtfulness about this was how frustrating it was to have multiple calls taking place during a crisis and knowing that there were certain levels of government involved and: “No, this group is calling and that group is calling….”
All I know is this. As their Member of the Legislative Assembly, I’m getting phone calls about how best to help my constituents.
I think we should set aside those partisan differences at times like that. Whether it’s a regional district or a city council, whether it’s an MLA or an MP, for heaven’s sakes, it is time for us all to be at that table. All of us have one goal in mind, and that is to keep people and property safe. So I think we need to….
One of the things that I think about when I read legislation and Bill 31…. When you look at the beginning of a bill, it usually has explanatory notes. The explanatory note in this bill, even though it’s…. I think it’s 121 pages long. It does talk about the things that are important in this bill.
The thing that sticks out to me, and I’m going to refer to it several times, is: it should incorporate lessons learned. We have to ask ourselves: does this bill reflect the lessons we’ve learned, not just this past summer but, in fact, in ongoing and increasingly frequent, weather-related particularly, crises in our province?
I also want to give a special shout-out to the public servants that supported the briefing calls, even on the days that were very, very challenging. They were professional, they were helpful, and they provided much-needed feedback and follow-up.
I remember one call in particular. Probably a few hours before, a young female firefighter had lost her life. Those public servants were visibly shaken on our briefing call, but they were there because they had a job to do. That included making sure we had a better understanding of what was happening. They didn’t get to take the day off or to grieve. They had to be there to support their colleagues.
I simply want to recognize how touched and emotional we all were that day by the public servants. I know the minister will share those remarks with them.
The last time this legislation was actually updated was in 1993, three decades ago. Lots has changed. The Minister of Public Safety and I were just trying to figure out whether (a) we were in this place or (b) how old we were at that period in time.
It is a significant bill: 121 pages and 108 sections. Just as my colleague from the Green Party pointed out, it warrants thorough debate in this Legislature. Quite literally, lives could depend on the framework and the law that’s being discussed here today. Communities depend on us, as well, to get this right.
I’m certainly hopeful that it won’t meet the fate other critical bills have. I was in the middle of debating one of them, and we faced closure. I am certainly hoping that is not going to happen with this bill.
I also want to provide some context. I do this not to be inflammatory but to be factual.
Time is of the essence when we talk about crises and wildfires and all of the issues we’re facing. This isn’t the first attempt at revisions. In fact, in 2017, legislation was ready to go. It was intended to be introduced in the fall of 2017. But here we are, six years later, and we’re finally getting a bill. That said, a new act was supposed to be tabled in the fall of 2020. Now, three years later, we finally have a bill in front of the Legislature.
What makes that delay even more concerning is the fact that there are still consultations underway while the law is being debated in the Legislature. To echo the comments of my colleague, what that means is that many of those critical details will be determined by regulation, not by legislation.
That may not mean a lot to people sitting at home and thinking: “Well, why does that make a difference?” It makes a difference because it is then not available for public scrutiny and debate in the Legislature. Those discussions…. Regulation is created after a law is passed.
We are, obviously, concerned. The last act stood in place for three decades. One could imagine we might want to get this right.
I want to reflect on the fact that we have also…. Often people point out that the job of opposition is to be opposition. Our job does involve scrutiny and being critical.
We also brought important suggestions to this table. In fact, my colleague the member for Kamloops–South Thompson reintroduced a private member’s bill, and it related to the topic we are discussing in the Legislature today. It was about the process involved in dealing with disaster financial assistance.
That bill was reintroduced in February. There were some good and important ideas in that bill. How do we streamline and simplify DFA? Defining an affordability metric. Looking at expanding the scope of disaster financial assistance so we could deal with things like micro-pockets in our province, where no insurance coverage is available for a given disaster event. It suggested extending the applications deadline and many other important ideas that need to be considered if the process is intended to better meet the needs of British Columbians who are facing devastating financial circumstances.
The bill was introduced to try and avoid the devastating impacts of the 2021 wildfires. What happened? That bill suffered the fate of most private member’s bills in this Legislature and was simply left on the order paper. It is time. Those are the kinds of changes we need to be thinking about as well — critical bills, private member’s bills, brought to the forefront for the sole purpose of improving outcomes for British Columbians.
I did say I wanted to focus a little bit on one of the clauses in the explanatory note. Let me just read that into the record. The note for this bill includes the following: “to incorporate into legislation lessons learned in recent years in responding to floods, wildfires and the COVID-19 pandemic.” I would agree that that’s exactly what we should be doing. But my question is: what are the lessons we’ve learned, and have they been addressed in this legislation?
Let me begin by reflecting on an event in British Columbia that doesn’t seem to be captured in the explanatory note. I will certainly look forward to more clarity about what does constitute an emergency or a disaster. Because by any measure, the heat dome that took the lives of more than 600 mostly frail, elderly British Columbians qualifies. The heat dome is referred to as the western heat dome, because it was the deadliest weather event in Canada to date. It was continuously referred to as a disaster.
Extreme heat is the leading cause of illness and death from weather-related hazards in Canada. It is expected that the frequency, severity and duration of extreme heat events will continue to increase. So does this legislation capture the lessons learned about the lack of communication, overwhelmed emergency response systems and the need for increased preparation and response, as also referenced in the explanatory note?
The coroner’s report related to that heat dome instance lays out a series of recommendations and outlines significant gaps. I’ll quote from the coroner’s work. “Focusing on prevention opportunities, adaptation strategies, and longer-term risk mitigation initiatives is necessary if future mass casualty incidents due to natural disaster and extreme heat events are to be avoided. In addition to personal risk mitigation, policy and planning related to the built environment and demographic changes are key.”
The report is a litany of gaps. People didn’t know. They didn’t understand, and more than 600 British Columbians died. If that’s not an emergency or disaster, I don’t know what is. What we want to see is the connection between this legislation and the closing of the gaps that led to what is known as the worst, deadliest weather event in Canada to date.
Whatever the cause of an emergency or disaster, there need to be clearly outlined responsibilities and roles. In this case, how does the bill deal with the overlap with health-related issues? It explicitly notes the COVID-19 pandemic. I will look forward to an explanation of whether other weather-related disasters or emergencies like the heat dome fit and what lessons have been learned.
What lessons have we learned about the impacts of wildfire on air quality? While we obviously recognize that keeping people and property safe is a priority, key decisions about how we manage wildfires in this province have other consequences.
As we speak, there are still many active fires in our province. With the weather changing, we will, hopefully, see that number continue to diminish. But for many, many days, because of the decision of how to deploy resources and how we tackle wildfires in this province, many residents where I live and in northern B.C. faced the worst air quality in the world for not one day but day after day after day. Fires continued to burn or smoulder, with wind carrying smoke and ash to our communities day after day.
When decisions are made about deploying support and resources to out-of-control fires, there are consequences in regions of our province that are serious and ongoing. That continues today, as we meet in this Legislature.
What lessons have we learned about the impacts of air quality based on deployment and firefighting tactics? One of the most important things this legislation should be dealing with is dealing with the programs that support people in the aftermath of disasters and emergencies in our province.
From my perspective, the village of Lytton stands as a visual reminder of why we need to do things better. Two full years after their community was burnt to the ground, trauma and uncertainty still exist for those residents. And while this piece of legislation won’t fix that, this legislative framework needs to clearly outline what needs to change to ensure that people receive the help and support they need in a timely, effective way.
The same is true for people who this summer experienced unbelievable challenges with disaster financial assistance — basic relief programs. I noted earlier that this year our House Leader reintroduced a private member’s bill that specifically related to the changes that are needed to ensure people get the relief they need after facing personal loss as a result of a disaster or an emergency in our province.
We are not the only people that are concerned. In fact, on October 3, the Ombudsperson released a report that outlined significant concerns about the relief programs currently in place. That work was based on the 2021 wildfire season.
What lessons did we learn?
We have some pretty basic questions that deserve answers in the public domain, not after-the-fact in regulation. Surely the government must have known about the work of the Ombudsperson. Why are there such superficial references to support programs in this legislation?
Let’s hear the words of the Ombudsperson. In the release that the Ombudsperson made, “the B.C. Ombudsperson finds emergency support programs are outdated, under-resourced, inaccessible for vulnerable evacuees, poorly communicated and calls on the government to take urgent action to better support people who are increasingly being displaced from their homes for long periods by extreme weather events.”
It goes on to say things that the Ombudsperson found — unclear and confusing communication about the programs. One would think this legislation needs to clearly outline who does what, when and how these programs are operated — not after the fact in regulation. That’s a discussion we should be having in the Legislature.
He goes on to say that “unreasonable delays in providing support, a lack of flexibility in how supports are delivered, a process that does not take into account the distinct needs of Indigenous evacuees as well as elderly people and people with physical and cognitive disabilities. We have an under-resourced system in place that isn’t meeting the needs of people, many of whom are in the most significant crisis they have ever experienced.”
I would suggest that those are some pretty clear directions about what needs to happen with support programs in our province. The legislation has a superficial reference to them but nothing that lays out specific details about what British Columbians expect, should they, heaven forbid, ever find themselves in this position.
All you have to do is take a few minutes to just read the comments from people who were impacted.
“I walked out of the reception centre in tears because they were cold and uncaring.”
This is another quote. Each one of these is separate: “No matter where we went, the hours for support were too short, the lineups were too long.”
Another person said: “People were staying in their cars for days, waiting for ESS to find accommodations.”
Another person: “As a person with a registered disability that affects mobility, it was very painful and draining to stand in long lineups and wait for hours to register at an ESS that has limited seating and no seating for the outside lineups and no parking, which requires walking a distance.” And there are pages of those comments.
We all know now what the gaps are, and we now need to fix them, to close the gaps. It was 2021, 2023, and we know that there will be increasing severity and frequency of events that will impact British Columbians in negative ways. So our questions: how does the government plan to respond to the significant gaps? How is that captured or reflected in this legislation?
One of the stated goals of the legislation is to incorporate lessons learned, but there are certainly a lot of unanswered questions about whether or not those lessons were actually learned. Were the concerns heard, and are they reflected in the legislation that will provide the legal response for future events?
One thing we can be sure of is that emergencies and disasters are going to continue in our province. British Columbians deserve to know that when those times come, their government has their back — that there is a plan, that it is well coordinated, that it is understood and communicated and, most of all, that it is deliverable.
Before I end my remarks, I want to reflect on the constituency that I represent, Prince George–Valemount. It includes the Robson Valley region, obviously the city of Prince George. Some communities…. People who don’t know that part of British Columbia may have no idea what happened to small communities like that. It is our job to bring those stories to this Legislature and speak and be their voice.
McBride has been hit by floods, mudslides. If you can imagine, a mudslide came down a hill and destroyed people’s homes while they were in it. Erosion at the Doré River continues as we speak, and when I last visited with residents, their property is disappearing before their very eyes as Mother Nature changes the course of the Doré River.
It was in May, the beginning of May, that a wildfire started near McBride, the Teare Creek wildfire. There is an absolutely phenomenal photograph, and I would urge members to take a look at it. It’s beautiful, but it was described as “beauty and the beast,” because it showed Mother Nature in action, what we’re facing in British Columbia and around the world.
In the sky that night, the northern lights were spectacular, and they are often where I live. That was above the mountain. Below the mountain, the mountain was on fire. It showed the beauty of the northern lights and the beast that wildfire is in our communities.
People were terrified as the fire came down that mountain. Do you know what happened to us? We thought it was managed. Thank goodness for local firefighters, volunteers, experienced people who understand the landscape. I am so relieved to hear we’re going to talk about how to utilize those British Columbians as we face these situations in the future. Trained of course, experienced — but they know their communities better than anyone else.
Then the winds came. They started out to be much less than they ended up. The gusts were 60 to 70K. Let me tell you, as the wind increased, so did the fear that we were going to lose homes and, potentially, lives. The questions started to come: “Where’s the air response? Where is our help?”
So again, I’m grateful to the minister, who had me contact ministries directly so that I could speak to deputy ministers and assistant deputy ministers to say: “Air power is on the way. Resources are there. These are the crews that we have.” That was in May, in northern British Columbia.
As we speak, we are experiencing…. We may have slightly come down, but our fire region is in a level 5 drought. We know what that means for next year. So does this law matter? You bet it does, because we have to start modernizing and getting it right.
I just want to give a shout out. People in small communities are so resilient and hard-working, and they step up. One of the things that’s a good thing about when we face an emergency or a disaster is the very best comes out in people as well. They’re generous. They step up. They support one another.
Well, I want to recognize area H regional district representative Danielle Allen, the regional district of Fraser–Fort George, and a champion who is related to Tête Jaune, Garry Wallace, because they’ve come up with a really innovative program. I’d really appreciate the minister taking a look at it, in terms of thinking about how we do things differently.
They created a program, with funding from the regional district and other ways, that if a person completed a FireSmart home assessment in a targeted area, they were provided with a sprinkler system to help protect their property. It’s an amazingly innovative way to get people to take the training, deal with FireSmart in their property, and then they are given a sprinkler system. Well, let me tell you that Tijan, for example, was targeted. Eighty-four sprinkler systems were distributed after people completed the online FireSmart home assessment.
Community buildings are protected as well. Dunster, McBride and Valemount, rural areas, were also given the opportunity to participate in that process. It just speaks to the fact that people want to help. We absolutely understand where there are times that that may not be possible. But more importantly, we need to learn, to listen, to learn those lessons and be willing to look at innovation and change.
I want to just say that I am very appreciative of the work that has been done. We continue to have concerns about the degree of detail that will be finalized in regulation. It is so important that we have the opportunity to participate in a process where those of us in many regions of this province dealt with constituents, dealt with fear, trauma, uncertainty, summer after summer after summer.
We know we need to be better prepared, and we want this legislation to reflect not just what’s happening today but be forward-looking as well. How can we look at models around the world? Did the legislation contemplate models that are in existence in other parts of the world, in terms of how things are managed?
I just want to end with this comment. It is as we have gone through this experience numerous times in my part of the province, in different ways…. Our city welcomed 10,000 evacuees one wildfire season. I was astounded by the resilience and the kindness and generosity that the people in Prince George showed to 10,000 additional people, offers of homes and places to keep their animals and trailers and food. Whatever we needed, people were willing to stand up and help.
We have to do our part too. We have to make sure there are clear lines of command, that there is a clear understanding of who is responsible for what and when. Most importantly, we have to stop creating the artificial barriers that are so often layered up in these events. Multiple phone calls going on. People talking to small groups, bigger groups. It’s a time for all of us, during these circumstances, to be given the information we need to better support our constituents and, most importantly, to put the safety of people and property ahead of any sort of partisan politics.
I look forward to the ongoing debate, Mr. Speaker. I thank you very much for the time to speak in the Legislature. Certainly, we’ll have a number of questions specifically related to the response in my part of the province, so thank you for the time today. I appreciate it.
B. Banman: It is indeed a pleasure to stand up and speak to this bill.
I want to start off by actually thanking the minister. When I was the shadow minister of this ministry, she sincerely came to my office and said to me: “How can we work together?”
I gave the minister some suggestions with regards to how, during an emergency, the worst thing is the not knowing, and to have the MLAs of the opposition parties be part of the solution.
She listened to that, and I want to thank her for that. I think that the communication was helpful. She actually organized to have…. Sometimes three times a week, there were briefing sessions going on for MLAs throughout the entire province so that they actually knew what was going on and could then convey that to their constituents who were phoning them. I want to sincerely thank her for that.
Now, this particular bill, as you’ve heard, is long overdue. I believe 1993 was the last time it was looked at. The four major phases of it are mitigation, preparation, response and recovery. My riding, as many of you know, had catastrophic floods, and I will get to the impact of that in a moment. But my constituents know all too well what happens when disaster strikes. Sadly, they are not alone. As we have heard, there are sections throughout the province….
Our province is very, very diverse, as are the types of perils that can happen. We’ve had floods, as you’ve heard. We’ve had fires. We live on a fault line of earthquakes. We live on a coast that is subjected to tsunamis, or avalanches from the mountains that we live in.
We pretty much have almost every kind of peril imaginable. But when we get into the bill…. The general language of this bill…. The NDP seems to be taking clues from international organizations, which is okay as an overall framework, but British Columbia is unique. The people are unique. The perils they face are unique.
As such, we need to make sure that we’re not just copying and pasting what’s going on in other areas, that we actually have grassroots British Columbians that are involved in not only what happens when it goes wrong, but what they think we can do to prevent some of these perils — wildfires in particular, and freshets, in particular — the floods.
I believe the vital missing piece, which is also the most difficult piece, is to ensure that the voices of British Columbians are heard, and that we’re not just checking off boxes. Yes, we’ve consulted. Yes, we’ve consulted. That we actually have meaningful consultation is very difficult to do. But this is too important to take a shortcut on that important, vital part of the legislation. It is worth the time and effort, because it will ensure that we get a made-in-B.C. solution for problems that are unique to British Columbia.
Now, as I said, in my riding, I know all too well the damage and trauma that is caused to the families who have to suffer firsthand through a natural disaster. The writing was on the wall for many, many years. As I said to the minister, not only are the Nooksack and the Chilliwack River or the Vedder River — the Chilliwack turns into the Vedder, for those who are not familiar with the landscape — a problem, but the Fraser River itself is a huge problem. Nothing has been done for decades to really address some of the serious challenges that exist.
The dikes are woefully inadequate at the moment. The problem is that if you put the preparation or the mitigation onto the backs of cities or local governments, they can’t afford it. The entire budget of the city of Abbotsford is between $300 million and $400 million — the entire budget. To do some of the repairs….
For instance, I do believe that the city of Abbotsford put in a request for $1.6 billion to help prevent the Nooksack flooding again and mitigate those waters, assuming that those waters will come across the border, because it’s downhill. Water does not respect international borders. It takes the path of least resistance, and it will go downhill. It happened in 1990. It happened two years ago. It will happen again.
To think that a city could come up with $1.6 billion is just out of their scope. I understand that even the province will have trouble coming up with $1.6 billion for one area, so this ministry has to, then, talk with the federal government as well, and it’s a very difficult challenge. I can appreciate that challenge. However, if we shortchange the consultation part, this ministry won’t know what to go to the federal government and actually ask for. It’s a missing link.
We can’t just copy and paste what others do without meaningful consultation with the actual grassroots. Unless those voices are heard loudly and clearly by this government, any legislation that comes before this House will be woefully inadequate. Need I say, it will be a disaster, because it won’t actually do what we want it to do. This is to not only prevent the problems from happening, if possible — and in many cases, they are — but what we will do once the disaster strikes.
We saw with the wildfires in West Kelowna how unprepared we were for that, and then the most important part is that response and the recovery. I still have people in that riding that, two years later, are falling through cracks.
In one particular instance, there was one family that has a house. It’s in Arnold. I know that the minister knows where that is. Their home was assessed by B.C. Assessment at $19,000. Now, I don’t know what kind of home people think is only worth $19,000. When they take a look at it there — and I have some checks in — it appears as if that assessment had never been redone for decades.
So here’s a group. They had flood insurance, but their insurance only covered $50,000, I believe it was, or $55,000 — in around there somewhere. Then, when they go to the disaster fund, they say: “Oh, well, your house is only worth $19,000. You got 50-some-odd thousand. You were grossly overpaid. You get zip.”
They appealed it, and it’s still at zip. Now, we’re seeing if we can’t figure out if there’s a problem with the assessment, to try and get that readjusted. It is an example, one of many, where people fall through the cracks. We have to ensure that this legislation looks after that.
One of the things we need to do…. I watched when the floods came, and here’s the sad thing. I know I’ve mentioned this to the minister. I watch during the disaster, and this happens every single time there’s a disaster. People rush in, put themselves at peril, and community helps community.
[J. Tegart in the chair.]
Neighbours help neighbours. When it comes to helping them recover and pull out drywall and wet, soggy insulation, in this case, neighbours help neighbours. What happens when government arrives? Is it as if that’s the weak link?
Madam Speaker, you know all too well that for Lytton, that’s exactly the case, where the bureaucracy is getting in the way of actually helping people rebuild. We have got to do better than that.
The problem I see is, while using a framework that’s provided by people who live tens of thousands of miles away can be a good starting tool, failing to consult those at home, failing to sit down with people of Lytton and say, “What went right, and what went wrong,” to sit down with the Fraser Valley — those that have been involved in the wildfires, those who have been involved in the West Kelowna fires, where they’ve lost everything….
Failing to talk to those people to say: “What did we do right, and how do we improve on it? What did we mess up, what do we really have to fix, and where are the absolute huge holes in the safety net that’s supposed to be there for you…?”
In my area, there were people that were offered flood insurance and turned it down because it was tens of thousands of dollars to get the flood insurance. Is that considered to be reasonable? They turned down what was unaffordable only to then be told: “Well, you know, you were offered insurance, but you said no, so now you get nothing. You were offered crop insurance.” That doesn’t work, by the way, for many farmers, depending on the crops. “You turned it down, so now you get nothing.” There are huge holes that this legislation needs to address and needs to make sure that we tighten up.
As I said, we’ve had floods, fires. We live on a fault line. We have earthquakes. We have all of these things that are going on. We have wildfires still going on now. Would it not make sense, as a thought, to open up the areas around those wildfires, which are going to be consumed by fire? Does it not make common sense that the Ministry of Forests should open up and change where we harvest the wood, to create a firebreak around those, that we should move rapidly and quickly? They’re going to go up in flames anyway.
Then, after the flames have come through, there is approximately a year and a half that that wood is still harvestable, where we can go in…. Not only that. The companies have said: “We’ll put our existing cuts on hold. Let us in there, and we’ll help replant on the way out.” Is that not better for the environment? Does that not stabilize the land? Does that not allow new growth in the land? Or do we just let what are record burns sit there and take decades and decades to recover naturally?
In cases where there are problems, as we are now in, it would make sense to allow logging companies to go in there and create that fire cut to contain the damage. It’s common sense. We have to ensure that when we do legislation, common sense is part of it. What’s going on now is that when you talk to the farmers in my riding, they say that common sense has gone out the window. It’s like: “How do we get to a no?” versus “How can we get to a yes to help you?”
That’s not what we’re supposed to be. That’s not what government is supposed to do. We’re not here to say no. We’re here to say: “How can we help you? In your worst, darkest day when you have lost everything, what can we do to help you get back up on your feet?” Many of these people don’t expect to get put whole and actually make money on this. They just want enough that they can actually start to rebuild and regain their lives again and rebuild their communities that they love so much, no matter what that peril may be.
Sadly, my community has seen more than its fair share of disaster, and sadly, last year was one of the worst fire seasons we’ve ever seen. I would hope that as we go through this legislation, the minister takes the same attitude she did when she came to me and said: “How can we help and listen loud and clear to British Columbians, to the grassroots British Columbians who lived through this?”
It is great that we are doing Indigenous consultation, because much of that knowledge can be helpful when it comes to controlling a wildfire, especially in the prevention of some of the fires, because they used to do burnings that were controlled.
When the wildfire services come in, they need to listen to the locals that plead with them and say: “Please, for crying out loud, do not start a fire now because the winds come up at four o’clock and change direction.” Those voices need to be heard.
When we have people on the ground that want to go in and save their communities and have the equipment, the knowledge and the know-how, we need to do consultation now, ahead of time, so that they’re not seen as the enemy or a problem and seen as the solution that they desperately know….
We have ranchers. We have local people. We have logging companies that have all this equipment and can help us. But because we’ve failed in what, I hope, this legislation talks about, which is in preparation and response…. This is why consultation is important, and it’s why, if we actually truly listen to those that live in these areas, I think we will be much better prepared. That is the intent. It’s that old saying that an ounce of prevention is a pound of cure. It’s common sense.
I would hope that in this particular legislation, as we debate this, we actually are truly respecting that consultation part in each of these four areas. What local knowledge can we use to mitigate, to prevent? What can we do that government can play to help pay, to prepare?
We saw what happened when we were overwhelmed in Kelowna with thousands of people looking for a place to stay. Would it not have made common sense…? “Go book your hotel wherever you are. We’ll deal with it later. By the way, you’re entitled to $200 a night” — or whatever it may be. Would that not have made more sense, rather than make people who are worried that their homes are burning stand in lineups, where they were inadequately prepared for the thousands of people that were there, who were already traumatized?
Would it not have made more sense that we actually broadcast what you’re entitled to? Then have a checklist afterwards, where: “Yes, you were evacuated. Where’s your address?”
You had to go, “Absolutely, you qualify. You qualify for some of these disaster relief funds,” rather than make them stand like cattle in a lineup for hours on end, for people that are totally unprepared to be able to deal with that volume.
When it comes to the response, it makes sense to talk to those in the local areas and have teams set up of volunteers, of professionals. How can we all hit the deck? It’s one thing in a fire, but what do we do if it’s an earthquake? Look at the massive destruction across the world that earthquakes cause, and there are many, many individuals at that time that could help.
Then, of course, probably the most vital part is the actual recovery — to ensure that the safety net is there, that government is not the weak link, which it clearly was in my community.
I watched thousands of meals being flown daily to people that were trapped. I watched caring individuals come by and help remove soaking wet, mouldy drywall and insulation and help people strip their homes so they could begin the recovery stage.
I saw people say: “I’ve got a place where you can stay. I don’t care that you’re a stranger. I have a room and food and warmth for you. What do you need? I have clothes. I have shelter.” It was heartwarming. It was humbling to watch.
Then, to find out…. The absolute train off the tracks was when government showed up and said: “Hi, I’m here to help you.” It absolutely sends a shiver down some people’s spines because they’ve lived through the fact that it wasn’t really helpful much at all.
This legislation needs to change that last part, where government can be helpful, way more helpful than it currently is. Good legislation, by listening and consulting properly, will get us to that point. That should be the overall, arching goal of any legislation, but especially when it comes to disaster.
Thank you very much, Madam Speaker, for allowing me to say a few words.
C. Oakes: I think, for many MLAs in this Legislature, what has become all too common are those days that become seared in our memories and the memories of our communities. For the Cariboo, August 11, 2017, is certainly a date that we will all remember.
It’s important that this legislation is being brought forward. It’s important that we work, all of us, in this Legislature to ensure that the people, our communities, British Columbians have the supports necessary when a disaster impacts their community.
Cariboo constituents have been deeply impacted by wildfires, followed by the devastating aftershocks, if you will, of the very real and devastating impacts in communities. So how we modernize, how we make the necessary changes to respond to these emergencies is very important to all of our communities.
I want to take a moment, if I may, to provide some feedback to the government. I certainly, as many members of this House have done in the past, have had the opportunity to extensively engage with government on the experiences that many of us have had over the years — our constituents — and how we can make the necessary changes to ensure that our communities are successful when you look at mitigation, response and recovery.
Following the devastation of the 2017-2018 wildfires in Cariboo North, one of the things that was critically important is that we all came together and spent a considerable amount of time to reflect and to look at those lessons that were important, at what we learned throughout the entire process. A team of experts from universities came forward. We had a think tank. We engaged with Indigenous communities, ranchers, local governments. We put extensive work together in putting a roadmap forward on how we should be addressing emergencies in our communities.
I was really proud of that work. I think it was very critical to, at least, our region, starting to think about how we process and move things forward. What was disappointing, however, is that, following the 2017-18 wildfire season, followed by the government putting forward a think tank to look at how we find those lessons and how we address these issues, that think tank and that report got buried.
Those lessons learned got buried. That information that was critical to ensuring that no other British Columbian had to face the experiences that we did in the Cariboo — that report was buried.
I want to talk a little bit about that today. And I’m going to be pulling some pieces out of an FOI report that is critically important, that I think should be in this Legislature, because it does tie into what we are trying to achieve in effectively modernizing this legislation, the Emergency and Disaster Management Act.
Again, we had an exposure bill that was tabled years ago. Unfortunately, you know, the government failed to bring that bill forward in a timely fashion, and the results have had a significant impact on people across this province.
Look at this last year. Look at the people of Lytton. Think of all those communities — rural, remote, Indigenous — that are still waiting for supports. I have people who were impacted in 2017 that are still waiting for recovery supports.
Bill 31 is a different bill. While there are pieces of the legislation I am hopeful will address a small part of the challenges that we certainly identified through the extensive process and think tanks that were set up following 2017-18, I don’t think it is comprehensive enough in the fact that the very real challenges and lessons learned in the past is…. What this legislation appears to be bringing forward is something that’s far more bureaucratic, more red tape — that legislation that will create more complications, challenges and delays on the ground, that will have a negative result in supporting people on the ground.
So let me explain, if I may. From this past wildfire season in the Cariboo…. I bring the experiences forward because, again, this is about, how do we all learn those very valuable lessons so we don’t continue to repeat them?
We have talked in this House, many members have, of the critical importance of having local people on the ground. Having trained professionals, skilled professionals that have access to equipment and know the area is critically important, including both our Indigenous populations but also our ranchers, our loggers, our contractors, our placer miners, people that work in the outback, our guide-outfitters, our trappers. It’s all critically important that that experience that they have out in the outback is incorporated into how we address wildfires or any emergency.
This past year — under new regulations that were brought in, I guess, in this last year — we have found new, onerous and bureaucratic processes that have local people turned away from working on wildfires. So local contractors in my area who currently work with the Ministry of Transportation and the Ministry of Forests — they actively work with other ministries in government, so they’re good enough to build roads, build bridges, to work on the ground supporting other ministries — were not able to actually work for B.C. Wildfire.
One of the excuses, or one of the nuanced paperwork that has come in, is about an e-file, while this increased red tape means for somebody that…. One of the individual contractors that came into my office said: “Well, look. We filed the paperwork. They lost it. So we’ve re-filed it.” It took three weeks. When you’re in the middle of a wildfire season and you need that contractor out on the ground at that immediate moment, waiting three weeks for a paper box to be checked, an e-file tax to be checked, is ridiculous.
I don’t think this legislation is going to solve that immediate challenge our contractors are facing. And look, we have highly skilled individuals in our communities that, again, work closely with other ministries that have been kept away from working with B.C. Wildfire. So hopefully, this legislation…. As we go into the ability to go through each of the sections, hopefully we’ll have the opportunity to look at that.
Another contractor shared the fact that it took almost three days to gather up all the necessary new paperwork that was required. Again, work with other ministries — work with the Ministry of Forests, work with forest companies. They’re trained. They’ve got their WorkSafe. They have all of their required pieces, but they’re not able to actually work with the paperwork for B.C. Wildfire.
We’ve got to get that right. It’s not rocket science. Why do we wait till two weeks before a wildfire season to make sure that we have that necessary paperwork in place?
I hope, again, that this legislation provides the opportunity to have a more streamlined ability to get contractors up and running in the winter months so that we’re prepared. These disasters are going to happen again.
In 2017 and ’18, all that work that we put in…. If any of the things that we had identified were actually implemented, it would certainly have helped communities in the Shuswap, in Kamloops, in Monte Creek and in all of the other areas that were impacted following the disaster that we experienced.
Again, we continue to be on this roller-coaster ride. We talk about how we’re going to improve things. We consult. We bring ideas forward. We talk about legislation. Then we go back out. We consult. Then we continue to see the exact same or worsening results, which we’ve certainly seen.
This also doesn’t address how we respond to disasters. This past year, when we talk about the preparation…. Look, we were running around for pumps and hoses in our community. We don’t have the necessary water trucks.
When government says: “Look, we have all of the resources necessary to respond to these emergencies….” Well, in our rural remote communities, we don’t. And we’re not prioritized. We understand that. We don’t have the interface communities that the other larger populated areas…. But it continues to be an ongoing challenge that we have in our communities, finding ways….
I am pleased that the government is looking at how we support local volunteer groups to make sure that they’re able to be trained and that they have the proper gear and water tenders to help support efforts of addressing disasters in communities. I think it’s critically important. Experience on the ground is really important.
I wanted to bring up, though, what I’ve heard back from our volunteer fire departments, our brigades, these volunteer groups that, really, exist in unincorporated areas. This is where we’ve seen these massive expanses of these large wildfires in the province. All volunteer-based.
We are so grateful. Let me say on record how grateful we are for all of the volunteers, for all of the front-line responders, whether you are a volunteer fire department, search and rescue. There’s a long list. In each of the communities, it’s a little bit different. You step up, and you put significant hours in.
I talked to the chief of the Kersley volunteer fire department just a few weeks ago. One of the things that he said is that there’s this new onerous level of paperwork that volunteer chiefs are now required to fill in. It’s really pushing away volunteers across the province, critical volunteers that we need. Again, he said that it’s almost like a full-time job now. This volunteer fire chief has to fill out paperwork in order to check all the boxes that have now been required.
We need to do things smartly. I am worried that this legislation is going to create another level of bureaucracy that just makes things far more difficult for people on the ground to do the work that is necessary.
I also wanted to take a moment to talk about how we’re fighting these fires. It’s critically important. I don’t think it gets enough attention, and I think it’s important I elevate the conversation and raise it here in this Legislature.
I think a lot of people have the experience of seeing what a wildfire looks like in an interface community. You see a community like Kelowna or in the Shuswap, where it’s an interface, large populations, and what a wildfire looks…. There’s lots of media attention on that.
What really goes unreported…. I think people feel absolutely abandoned in our rural remote and Indigenous communities. We have these massive wildfires, and because they’re not interface and because they do not directly impact people’s property immediately, the fires burn. They let them burn, and they don’t prioritize the resources onto those fires.
I can share with you what it means to have almost your entire back country burn. We’ve seen it. Look at the Plateau fire. At the time, the Plateau fire was the largest fire in B.C.’s history. That’s our livelihood.
If I could deliver a message to government and to the MLAs who are looking at improving upon, modernizing how we address emergencies, I want to share with you that when you let the back country of British Columbia burn, it takes away our economic ability. It impacts our wildlife. It has an impact on our livelihood, and it has very real impacts on people who live out in those areas. Those people feel abandoned.
I hope that this legislation that is before this House helps the people in our remote rural communities feel that their voices will be heard and that there is a place for them, a place in this province where they won’t be forgotten.
Let’s talk about what happens to people and communities after an emergency goes through their community. Look, it’s still fresh in people’s minds what we saw — the horrific image that we saw of the people who’ve been impacted this last summer by wildfires. We’ve seen it by the floods in the Fraser Valley. We’ve seen it in Lytton. We’ve seen it year after year. There have been a lot of impacts on people and community.
One of the things I can share with you, the members of this House — hopefully, this legislation will address it — is that for our communities, you can’t get insurance. In rural remote communities, resort wilderness areas that have had wildfires…. It limits your ability to even access insurance companies. They just won’t insure. If you can happen to find an insurer, the cost is so prohibitive that you’re just not able to do it. Then that impacts your ability to get mortgages, and the banks aren’t included in this conversation.
It is critical that the government has these conversations with the banks. I can tell you, when it takes three, four years to work through disaster financial assistance to get the necessary support, and the banks are looking at foreclosing your business or your property, whether it’s a ranch or whether it’s a resort property….
We’ve had those experiences. It is pretty challenging to have a constituent in your office who saw the loss of their business due to an emergency like a fire or a flood, only then to have the trauma of what it means as they try to rebuild, just to have every single step that they take be retraumatizing. I hope this bill will address that.
What are some of the lessons, as well, that we can learn? Well, one of the challenges that we have in our Indigenous communities…. I think that one of the areas there that is a gap is that we do not recognize, often, that a lot of our Indigenous people live in our urban areas. I know people will laugh when I…. Our urban areas — Quesnel, Williams Lake.
I’ve got 41 small communities and Indigenous communities that are surrounding, in the Cariboo, a very large population, but they’re very small communities. A lot of the people find, in the Indigenous communities, that they’ve moved into the urban settings, and there isn’t a lot of support for what happens to First Nations living in urban communities. That is something, the gaps…. I hope that this piece of legislation addresses that.
Another issue is of course the lack of connectivity. As a government, we’re driving to modernize everything to be online. Whether it’s an emergency you have in your community, they put everything out via…. “Oh, we’ll email it to you. Get on this email report.”
Well, 60 percent of our rural, remote communities don’t have access to basic connectivity. I have areas in my riding that don’t even have landlines, so it’s all satellite phones. Look, cell phones ten minutes out of any town off of Highway 97 — you just don’t have connectivity.
So when we’re talking about modernizing this legislation, we really need to do it with the lens of understanding that there isn’t equity of connectivity across this province and that we need to make sure that, again, for people in remote, rural, Indigenous communities, there is a way that we’re communicating with them to keep them safe. I think that that’s critically important.
I do want to share this one story. Dave Gilbert, a rancher in my community — homesteaded in the ’30s with his family — was deeply impacted this summer. He’s been impacted a number of times.
Here he has fire 100 metres from his property. He comes in, and he’s pretty calm. He goes: “Look, we’ve been through this before, so we’re going to help.” I said: “You know, Dave, the government said that they’re going to help our ranchers. So let’s try and call this line. Let’s see what happens when we call this line.”
They said: “We have all these….” I think he had 120 cow-calf operations out on range. We’re trying to figure out how we move cattle and livestock. That’s the experience of MLAs and folks living in rural, remote areas. It’s how do we help our constituents and sometimes get access to some different supports that maybe the urban areas don’t experience.
Well, first of all, he was directed to go online for emergency management support. Well, he doesn’t have broadband, so we brought him into our office, and we tried to make the calls. But there was this long gap. We finally get somebody on for assistance. Like I said, it’s fire on his doorstep. They were going to give him a fan to cool his cows in a barn. Boy, sitting in my office for that one, again, just demonstrated the disconnect.
So the more that we are able to have local people as a part of the solution to how we respond and help support people, the better. Look, nobody wants to be in those embarrassing situations. I don’t…. I want to make sure that our people are supported and helped. But sometimes, I think, there is a strong disconnect of what it looks like in rural, remote British Columbia. Hopefully, this legislation reflects on that and moves forward on that.
At the beginning of my comments, I talked about: what are some of the lessons that we’ve learned? This bill does talk about: what are the steps? I think it’s really important. I applaud the bill for saying that we do need to do a review every five years. That’s critically important, because things are moving fast in this whole climate emergency space. I think it’s critically important.
I want to take a few moments, because I don’t think I have done that in this Legislature, because again, it was a report that had to be FOI’d. I’m going to read some of the elements of the report, because I think it’s critically important. It’s British Columbia Ministry of Forests, Lands, Natural Resource Operations and Rural Development Post-wildfire Hydrologic Risk Assessment: West Road (Blackwater) River and Narcosli Creek Watersheds. The final report was May of 2018.
I’m doing this because part of this bill talks about the needs for local governments to do risk assessments. The reason why I’m reading this out is because this bill requires local governments to do the risk assessments. So I would like to spend a moment on what the province’s responsibility is around risk assessments. When they do the risk assessments and government doesn’t change any of their operations, where is the accountability there?
Again, this report was done following the 2017-18 wildfires. It starts with the hydrophobic soils, an opportunity to review soil conditions to determine the presence and extent of water-repellent soils. Pre-fibre forest disturbance. The study…. Watersheds have a long history of disturbance from forest pests. Historical wildfires. Timber harvesting. It talks about what they came up with on that.
Overall, the West Road, Blackwater River and Narcosli watersheds had pre-fire ECA estimates to be around 32.8 percent and 40.9 percent respectively.
Then it talks about, throughout this report, what the new challenge will be on the watersheds. It talks about the forest-related fire disturbance, the impact of the 2017 wildfires on the ECAs within the study watershed values.
It talks specifically about the Euchiniko River basin, the Narcosli Creek watershed, the Snaking River sub-basin and the Kluskus Creek basin in watershed units where large areas of moderate or high-severity burns affected mature forests. It talked about the impact on the Aneko Creek sub-basin, the Clisbako River, the Nazko River basin and the Tautri Creek sub-basin and the impacts on that.
You should note that if you go on to the B.C. Wildfires of Note from this year, what has been identified in this report is what we are seeing in these wildfires of note — so what was assessed back in this report in 2017 and what you need to be looking out for and prepare for. Guess what, folks? Government had the risk assessment done in 2017, 2018, but didn’t take the necessary steps that identified in this report we needed to do, so we wouldn’t be in the exact same position this year and have the significant impacts.
Four, post-fire flood hazards. Well, all watershed units in this study…. Watersheds have accumulated levels of forest cover disturbance that suggests their hydrologic regimes may be changed relative to pre-disturbance baselines.
The following seven units are of particular concern, given the high levels to very high levels of fire-related impact: West Road (Blackwater) River, which is the West Fraser Road, which just was a road that cost $104 billion of taxpayer dollars because of the impact on that road; Nazko River, significant impacts on roads out in that area; the Clisbako River; Tautri Creek; Aneko Creek; Baezaeko River; and Coglistiko River. In each of the above-noted watershed units, there’s a very high likelihood that hydrology at the stand and watershed levels have been negatively impacted by the 2017 wildfires.
Then it goes into the spring 2018 freshet. It talks significantly about what we needed to prepare for in 2018, for the freshet season and the impact that all of these wildfires would have on our community. And guess what? In 2018, 150 roads were damaged in the Cariboo North riding, 200 the next year. We are close to $1 billion, just in Cariboo North, in road damage.
What the report talks about are some of the mitigation pieces that can be done to ensure that in areas…. There are assessment pieces through this whole report that talk about each of the areas, what needs to be done. You need to look at what kind of maintenance, road maintenance, what kind of culvert upgrades, if you need to make sure you’re doing your ditching. All of these pieces that contribute to making sure that you don’t have the significant damage as an impact on these major wildfire events are critically important.
It talks about elements at risk, fire-related riparian disturbances, post-fire sediment yield potential, post-fire channel response potential, overall post-fire hydrological, 2018 flood potential.
Well, I can also tell you, we had a lot of landslides. We had people that have now had to move out of their homes. No disaster financial assistance. I know that the member for Cariboo-Chilcotin talked about that this week, about the fact that people who have been impacted by landslides — they have to move out of their home. And guess what? They’re now also responsible for cleaning up their property. So not only do they lose their entire life savings in their home; they’re now on the hook to make sure that property is demolished and taken away.
Update burn severity, future ECA modelling. There’s modelling in this. It talks about floodplain mapping, review channel stability, riparian disturbances, potential soil erodibility, hydrometric monitoring. It talks about a lot more erosion pieces, and then we go into rainstorms.
It talks to…. In addition to the potential snowmelt-driven flooding in the spring, summer and fall, rainstorms have the potential to trigger flooding in the downstream of burned areas. Look, didn’t we have some issues in the Fraser Canyon? When you start looking at the landslide….
So all of the risk mitigation that was all identified…. Look, government has them. Government has all these reports. I say: “First, release all of the reports.” If we’re going to modernize emergency disaster management in British Columbia, you know what would be the first thing? It’s to release the reports.
Let us look at the findings on what happened in previous disasters in British Columbia. Let us look at what the experts in the Ministry of Environment, the Ministry of Forests, Lands and Natural Resources, the Ministry of Water…. All of these people have come forward to say: “Look, these are the issues that we’re going to have in the province.”
You want to make a difference in the province of British Columbia around emergency management, disaster management, recovery mitigation? Release the report.
This is a government that is so secretive. They want to hide everything. “Look. We’re going to go out. We’re going to consult. We’re going to make sure we have all of these groups, and then we hide the data. We hide the information that would prevent this from ever happening to another community member in this province.”
Yeah, I get frustrated. I see the impacts. It’s not just about rebuilding homes and communities, and that is so tragic. It is the Cariboo, at this point, being at $1 billion in rebuild because we didn’t listen to what the report said in 2017 and 2018.
This legislation doesn’t cover that. It needs to. I’m calling on the government to release all of the data that actually helps make a difference in emergency management in British Columbia.
N. Letnick: Thank you to my colleagues for speaking so eloquently and passionately on this very important bill, Bill 31.
I would like to take my place and rise figuratively through Zoom to continue the debate on the bill. The bill repeals and replaces the Emergency Program Act, which has not seen significant revisions in an extended period of time.
Through the other MLAs, I’ve heard a lot of hope: a lot of hope that we will learn from previous mistakes, that we will try to make sure we don’t make the same mistakes, going forward; a lot of hope that the regulations — which, of course, are yet to be drafted or at least yet to become public — will help accomplish what we’re all hoping for.
That is fewer emergencies, those that we can prevent — fewer fires, fewer floods, fewer landslides, etc., and a better way of addressing these emergencies, especially for people who are working for us to continue to battle these emergencies and stay safe, and, of course, the citizens of our constituencies and our province as a whole, as they are impacted, mostly negatively, by the outcomes of these emergencies.
Before I get into the nuts and bolts of Bill 31, at least the nuts and bolts that are available to us without the regulations being available, I’d like to recognize a few groups of people who we’ve had experience with over the course of the summer and years.
First of all, of course, are the firefighters, both the professional and the volunteer, paid, on-call firefighters, the forestry firefighters, as well as those from other parts of the province and around the world that would come into our different communities and help out.
I know other members have discussed their time meeting with them. I met a group of firefighters from Vancouver Island here in Kelowna. I was heading over to Canadian Tire — they’ll owe me for that plug — to buy something. I was there at the beginning of the day just before they opened, and there was a group of firefighters there from Comox.
First of all, I thanked them for coming and helping out. Then I said: “What are you doing here at Canadian Tire?” They said they were waiting for the store to open so they could buy some tents. That’s when I found out, much to my surprise, that we didn’t provide them with the equipment. They had to come and buy their own tents, as they were being moved into a new location where tenting was required.
I posted that little note on my social media. I’ve been, as many of you know, in elected public service for 24 years, going on 25, and of all my posts — there are quite few — that post garnered the most attention, tens of thousands of views and reach. That’s because of the issue. The issue is so close to home, not only because it’s people helping from away but, of course, people here who are suffering with the emergency. In this case, there was fire.
I just want to, again, thank all the firefighters, whether they’re from local or from away, for protecting us and helping us this year and in all the years that we’ve had to experience these emergencies.
I remember 2003. Some of you might remember it as well. It was a major fire season around the province, and it hit Kelowna pretty bad. We had a fire started near Rattlesnake Island — on the mainland, so to speak. With the wind, in time, it blew its way to destroying quite a number of homes — over 230 homes, I believe — up in the Upper Mission and areas there. We had people living in our home who were asked to move out of their homes. Luckily, their home was safe, but that’s not the case all the time.
We learned some lessons from that. We learned how to process people quickly. We were using volunteers. We provided them with the vouchers they required, and they went on. Of course, those that lost their homes had the usual challenging time, and my heart goes out to them, but they were able to get the services. That continued for other fires that I had the experience of being an MLA and a volunteer person at the emergency centres, registering people.
I’m not too sure what happened this past summer, but many of my colleagues have already discussed how difficult it was at ESS for people to get the help they needed in a timely way.
Hope is, again, what I heard through many of the other speeches. I’m not too sure if the regulations will make it any better or any clearer, but that’s exactly what we should be hoping for in this legislation and the work that comes out of this legislation so that people who we represent, when they are in the situation, whether it’s a flood or a fire or a landslide or a heat dome or any other kind of emergency, can get the services they require in a timely manner and in a fair manner.
Try to automate that as much as possible, especially if we have large evacuations for those areas that do have access to the Internet and other ways. For many of my colleagues who represent parts of the province that don’t have access to the Internet, we’d make sure that they have quick and timely services as well.
In addition to the firefighters, we also need to thank our protective services team — people like RCMP officers in particular, in our location here, who did a great job supporting our community and making sure that areas that should be closed off, were closed off; people who should be evacuated, have evacuated; protecting people’s property and lives when their homes and neighbourhoods were absent of them and their neighbours. Protective services doesn’t always get the credit it deserves, and I just want to pass my thanks for my constituents to them for doing another great job.
The other group of people that this bill is meant to help, of course, are people who were actually forced to leave their homes and, in particular, those who lost their homes. I just can’t imagine how devastating it must be for people who lose their homes in an emergency. Like many of my colleagues, I’ve had friends who lost their homes in several fires — this one and the 2003 fire as well — and flooding emergencies, as someone who lost their home, and others.
It’s not an easy thing rebuilding your life through this process, and anything we can do as a government…. I mean government as a whole, not just the people who are in cabinet. But anything we can do, all members of the House, to make sure that this legislation, Bill 31, does help people, whether they’ve lost their homes or had home damage or have been asked to evacuate….
Anything we can do to make sure that they get the timely service they deserve is something I hope we will see through Bill 31, through committee stage, as we ask the detailed questions, and I hope will come out of this.
The opposition has provided some suggestions as to what we would do if we were in government, and should I have time later on, I will try to highlight some of those. For the moment, I’ll just continue focusing on the government’s proposed bill in front of us.
The other group of people I want to highlight that need to be considered when you’re looking at Bill 31 are those people who have lost their jobs and businesses through these emergencies. In so many emergencies, you hear about the heroism of our protective services team, firefighters and others. You hear about the sadness of people who have lost their homes. In a lot of cases, that’s because the media likes to lead with these kinds of stories. They touch our hearts. That’s what usually sells newspapers, as the saying goes.
What we don’t hear a lot about are people who have lost their jobs when their businesses have gone up in smoke, literally, or their communities have been devastated by floods or other disasters. They’ve lost their jobs. In the job market today, even though it’s tight, it’s still very stressful to try to get a new, a different job in your field, or if not in your field, then to go through retraining to go into another field.
If your community has been wiped out, like Lytton…. Heaven knows. People ask me about Lytton: “What’s taking so long?” And I don’t have an answer for them. I really don’t. I don’t know whether the government has abandoned Lytton. It’s been over two years. Are we not going to rebuild? It would be nice to know what is actually happening there. Maybe it’s my fault. Maybe I haven’t done enough research on Lytton, but I just seem to…. Two years plus. It’s just devastating. I would hate to see that happen to any community, Lytton included, or any other community going forward.
People who’ve lost their businesses, not only in Lytton, of course, but through all these challenges…. Some have insurance. That’s great to a point, but it’s still very stressful. What can we collectively do as a society to help these businesses and help the people who have lost their jobs as well?
Now, when we talk about businesses, it’s not only those that have lost their businesses per se. It’s also those that are impacted by the fires and their business relies on tourism, for example. If your business relies on tourism and you have to deal with smoke all the time, sooner or later you’re going to get a reputation that maybe it’s not a good place to go during the summer, which is usually the peak season for B.C. tourist destination places, unless, of course, you’re a ski hill.
We have to really be cognizant of the impact that smoke and all these other challenges have on businesses, not only those that have actually had to close their businesses but also those that are limping through the emergencies and hoping to come out on the other side and be viable. Again, I hope that the government pays close attention to the business needs of our community.
The other group, I guess — and in particular, one person — I’d like to thank is the government civil servants who, throughout the last emergencies and others before them, have been very helpful, very helpful in having regular briefing sessions so that we can get our questions answered as quickly as possible.
Of course, that is a function of the minister herself, who called out personally to me and my colleagues, not only her but other ministers, and made sure that we knew the government was there if we needed any assistance as MLAs and if our offices needed any assistance. That was greatly appreciated, both the ministers reaching out and also the staff having regular updates and answering questions.
Are we through? Is that the end of it? Obviously not. As climate change continues to impact our province and our world, we are likely going to see more forest fires. We’ll likely see more floods caused by atmospheric rivers, heat domes, landslides, etc. We have to make sure that we continue to learn by the evidence of previous experiences and also plan for the future, knowing the likelihood is pretty much 100 percent that we will see more of these disasters and that they’ll increase in frequency and severity because of the climate changing the way it is.
I would say that it’s something members of our caucus have been calling for, for some time, even to the point of a private member’s bill done by our House Leader. I’m glad that the government has brought in this legislation. I would argue it’s taken a long time to get here. At least, now, it’s here, and we can concern ourselves with the bill. Of course, we’ll do that, especially during committee stage, when we can get into the meat, the details, of the bill.
I would also ask the government to answer questions on the regulations, or their vision of the regulations, and not just say, “that’s under regulation,” and then try to avoid answering the questions. The minister has been very good, up to now, in providing answers. I understand she may or may not be able to do the leading of the government through the regulations and the committee stage on the bill. Fair enough. Whoever it will be, I hope they take that spirit in mind and provide our caucus with the answers we require that are clear through this.
It is so, so important. Many parts of our province have not experienced forest fires or flooding or having a mountainside clear through the highways and destroy the highways and some people’s homes and people in those homes, as has happened here in the Okanagan, unfortunately. For a big part of the province, a majority of the province, it’s still very rural. We as MLAs, on both sides of the House, have large tracts of that rural part of B.C., and we need to know what exactly the government has in mind with this bill.
Now, this bill has been, as I said, delayed for a few years and was promised by government in 2020. Now it looks like we’ll have to wait another couple of years for it to be implemented. That’s unfortunate. If the matter is made worse, because we look at the government…. The previous government, in the fall of 2017, had a disaster management plan already drafted and was ready to introduce the bill in the fall of 2017 — the B.C. Liberal government — should it have been elected. But we all know the history there.
More than six years later, what we see in front of us — at least, it would appear that way at second reading — is that this is a less comprehensive version of a similar legislation, which, of course, is unthinkable, since the crisis has only continued to worsen. So unless there’s going to be a lot of detail that we’re going to be hearing about in regulation, I’m saddened by what’s in this bill. I would have preferred to have more meat in the bill and less only to regulation.
Now, I understand that the purpose of regulation gives us, as a government, some flexibility that things can change quicker. But then, of course, you avoid the public scrutiny that would happen behind closed doors.
My hope is that most of that will be disclosed during the committee stage so that the people of B.C. will have a good idea as to what exactly is meant by the legislation. Does it go far enough in addressing the issues? If it doesn’t go far enough, then what else can we do to make it even better, especially if we’re going to be reviewing it every five years?
It’s also my understanding that coinciding with the introduction of the legislation, the government has set up a task force with representatives from local government. The question I got from one of my local mayors is: given the economic importance of the Okanagan, the economic importance of agriculture, and the impact that these disasters have had on the Okanagan and agriculture, why isn’t anyone on the committee from the Okanagan, from municipal government?
Why isn’t the mayor of Kelowna, for example, not on this task force, or the mayor of Lake Country, or the mayor of West Kelowna — three mayors that have been directly impacted — or the mayor of Vernon and others? Why isn’t local government in the Okanagan represented on this task force? You’d think that if the big part of the vision by government is to download a lot of the work to local government, and the cost, you would have them at the table.
The same thing applies to agriculture. I didn’t see anybody from the Okanagan. Again, broadly speaking, from British Columbia, are there enough people with agricultural experience on here? They are so impacted by these disasters. So if it’s not too late, and it never is too late, I hope the minister will reflect on that.
I understand that some of the local government people have written a letter to the minister, and I hope she takes it to heart and makes some changes there so that they can be better represented on this task force.
[S. Chandra Herbert in the chair.]
Now, the Ombudsperson report of 2021 identified a whole bunch of important areas that the government could look at to maybe avoid some of the problems that we saw in 2023. Since I don’t have a lot of time, 11 minutes left, what I’d like to do is save that if I have time later. Some of my colleagues have already covered some of those particular areas. If I have time, I’ll come back to it.
In particular, what I wanted to do is read into the record some of the letters that I received over the course of this year’s fire, rather than telling you what I think I saw at the ESS and how challenging it was for my constituents to get the services that they required. Again, as compared to prior emergencies, where it seemed to flow a lot better, I think the best way to do it is just to read some of these letters into the record.
The first one starts by saying: “I would like to start off by saying I have so much gratitude for the firefighters, police officers and emergency service workers and volunteers during the wildfire. My family and I were evacuated August 18 to 21 in Lake Country. I had tried to access ESS in West Kelowna.”
For those of you who didn’t know, people in Lake Country — which is, with our traffic, about 40 minutes away on a good day to West Kelowna — were asked to go to West Kelowna and get their ESS registration.
It continues to say:
“I got a call card, No. 56, on Sunday, August 20. This put me in the queue to receive the ESS support. Due to the long wait times, I made four trips from Lake Country to West Kelowna between Sunday and Wednesday — four trips.
“Finally, on Wednesday, August 22, after four hours of waiting today, I spoke to an ESS worker and was told because I was no longer on order, there would be zero compensation for the days evacuated and all the expenses incurred. I find this” — this is the letter writer — “completely unacceptable.
“There were others who were in this situation and should be compensated as well. We had to buy food, lodging, clothes and more! Anyone on evacuation order currently or who have been put on evacuation order and then removed should receive support. It’s completely disheartening to be told as a result of a long wait time, through no fault of our own, we cannot be helped or given the financial aid that others still on evacuation order are receiving.
“Please help make changes so that we can receive the ESS support needed.”
That’s one of the letters. I totally agree with this letter writer. How can you tell someone that you’ve been, basically, telling to come back and come back, and they’ve been out of their home for a few days, and when they finally come back, then you tell them — not you, particularly, but government tells them: “Sorry. You don’t need our help, obviously. You were able to pay for your hotels on your own credit card. Therefore, we’re not going to pay you back”?
It’s ridiculous. Somebody there might be tapping out their credit card, and at some point, they’ll have to pay it back. So this is completely unnecessary and wrong-headed.
I believe the minister agrees that it is wrong-headed. Through this process, we will find out on the record in the House by our questions. Hopefully, people like this constituent, if ever they have a similar situation, won’t be in a similar situation.
Here’s another letter, just maybe to make sure we understand that it’s not just one person. The letter goes to say: “My family have been recent evacuees due to the wildfire. We live in Wilden.” Wilden is part of Kelowna.
“Like many, we had to find alternate accommodation, incurring expenses for food, lodging and transportation. We attended the triage station in West Kelowna on Monday, August 21, and were given a red card and told to watch the website for when we could present ourselves for an interview.
“Our evacuation order was lifted Thursday night. Our red card was called up on Friday. Many folks we knew….”
So you understand that? Their evacuation order was lifted. They did not have to evacuate as of Thursday night. They went from Monday to Thursday on their own dime, and on Friday, they were asked to come back for an interview.
“Many folks we knew had attended in the days before and received financial support for both hotel and meals. By virtue of timing, when our red card was called, we were denied any support for expenses already incurred as we were back in our home. We were evacuated like the others, and in many cases, longer, but due to the processing time required, through no fault of our own, we were denied similar benefits.
“This is not equitable treatment, and I trust you will remedy this situation in short order. I look forward to your response.”
Another letter.
“I was an evacuee with the Clifton Road North area fire that occurred on August 17, 2023, that caused our family to be evacuated with no notice, as the fire was burning across the road from our house. I’m asking you to please help me understand why, after seven days of being evacuated, I was still not able to get assessed by an ESS worker in West Kelowna.”
After seven days, still not able to get assessed.
“We had driven to West Kelowna three times only to learn: ‘Not today. Come back tomorrow.’ Travelling to West Kelowna was a challenge when I did not have my vehicle. I took the steps required to have the assessment, and after seven days, I was still in the caller queue. I understand that thousands of people were displaced, but this does not seem to be responsive to people’s needs in the moment when you have been evacuated with no notice or belongings.
“On August 24, the evacuation order was rescinded to evacuate alert, and my family was able to return to our home. Having said that, I was not eligible for ESS when the order was rescinded. I believed the ESS program was a service to provide persons with their basic needs in time of crisis, but this was definitely not my experience. Perhaps the centre should have been set up in Kelowna for the Kelowna–Lake Country families displaced.
“I would appreciate your response. Thank you.”
Now, that’s the end of that letter. Yes, it is also puzzling why we only had one evacuation centre, in West Kelowna. In previous fires, even though they were small fires, we would have evacuation centres in different parts of the Okanagan, closer to home.
Four minutes left. Well, I have another letter. I think I will read that letter. I’m almost finished.
“Good day, Mr. Letnick.”
Sorry, I can’t use names.
“Good day, MLA,
“I hope this email finds you and yours safe and well.
“First and foremost, I would like to acknowledge the incredible efforts of all of those involved in fighting the wildfires in West Kelowna, Kelowna and Lake Country. While devastating to many, the outcome likely was destined to be far worse were it not for the amazing work of so many teams coming together.
“We were evacuated late August 17, near 11 p.m. We were fortunate that we were able to find shelter with friends, who opened up their spare basement bedroom to me and my family, including our dog.
“After the first couple of days in complete shock, we initiated the ESS registration process online and felt a responsibility to go to work on Monday the 21st, as we both work for Interior Health. I knew that all hands on deck would be needed. After all, we were safe. We had housing and could feasibly attend work.
“I am in a manager role at Kelowna General Hospital, and after spending countless hours reaching out to support our site during the fire, I was quite physically and emotionally exhausted by the end of each day. This included calling staff on alert or evacuation orders; distributing food to staff impacted by the fires; supporting all efforts to transition patients to home, including extraordinary repatriation planes.
“I attended the ESS site on Monday evening, the 21st, but the line was so long. I was exhausted from work. Knowing that I at least had shelter, I made the decision to go to my temporary home and try again another day.
“On Thursday, I returned to the ESS. On the same evening, the evacuation orders were lifted, and I was told because they had been lifted, I would no longer be eligible for any assistance. I returned home and again to work later.
“I’m writing to share my extreme disappointment in being told that because I was able to sufficiently look after myself, I was no longer considered to be needing support. Our family did manage by using our credit cards and savings for food, clothing and incidentals.
“It is equally disappointing to know that exhausting my energy to attend my scheduled shifts at KGH to ultimately support others has contributed to me no longer being eligible for support myself.
“I’m respectfully suggesting that there should be another mechanism by which to support those that were evacuated. My family initiated the online registration, and surely there are records showing that we reside in the evacuation zone as well as no records of receiving any assistance to date. While yes, the impact of these fires could have been far greater, there is a financial burden carried by many families in addition to mine that should be supported by the B.C. government.
“Again, I’m appreciative of the efforts by so many to save our homes. But I’m left feeling saddened that we are deemed not worthy of any assistance since we returned to our home.
“Thank you for your role in the wildfire management, and thank you for reading this message.”
I’ll end my comments there. Again, as I said, the Ombudsperson’s report identified a number of areas back in 2021 that, if they were acted upon, would have probably avoided most of these letters that I just read and all the hardship and heartache that many of my constituents experienced during this last fire.
I really, sincerely hope that the minister considers adding a local Okanagan municipal government representative or representatives and agriculture representatives to the steering committee. That would be much welcomed and appreciated.
Also, I know this might be stretching the ability of government, but have a look at the B.C. United plan for addressing wildfires in the future. Take the best ideas, by all means, because there is a better way to tackle these forest fires and all these emergencies than what we’re doing right now.
With that, I rest.
G. Kyllo: It gives me great pride to stand in the House today to speak on Bill 31, the Emergency and Disaster Management Act.
It’s a long time coming — over 30 years, is my understanding, since this act went under a significant review. I’m challenged to find that the bill now, after six years of NDP government, is finally being tabled in this House. We’ve seen extreme disasters, climate-related disasters around the province — everything from wildfires, flooding — yet here we are in 2023, 6½ years into the current government’s mandate, before this bill comes forward.
It’s also my understanding that prior to the 2017 election, legislators actually had a significant portion of this act ready to go. Draft legislation was in place, and it was the intention of the previous B.C. Liberal government to table legislation in the fall of 2017.
I certainly appreciate when new government comes to power. I’m sure that they wanted to take the time to review it to ensure that it reflected, maybe, the values and the needs that the current government at the time deemed necessary.
That was in 2017, and we never saw legislation introduced in 2018. No legislation introduced in 2019, 2020. Then ’21 was one of the worst wildfire seasons we’ve had in recent history. The White Rock Lake fire, as an example, destroyed hundreds of homes, displaced a countless amount of wildlife, loss of fibre and timber and all of those negative consequences. The smoke drove the tourism sector largely out of the interior of the province.
Even in 2021, there still was no legislation tabled. Again, not in 2022. Here we are, in 2023, finally seeing legislation being tabled.
I applaud and I’m grateful that the legislation is finally coming. But I can’t think how many people were negatively impacted and how many people’s homes were lost, or what lives could have been prevented from being lost, had this government moved forward with the legislation six years ago, or even five years ago, or four years ago.
Glad to see it coming forward. The legislation leaves a lot to regulation. This is a common pattern of this current government, where there’s little detail in the legislation. The majority of the details is left for the bureaucrats, with government to determine through regulation. So there’s limited information that is actually available in the legislation for us to debate upon. I certainly appreciate that during committee stage, our critic will have an opportunity to provide additional questions, looking for some additional clarity from government. But the legislation as tabled does not necessarily include the amount of detail I think British Columbians would like to see.
For those listening at home, one of the challenges when government leaves a lot of the details to regulation is that those regulations will be undertaken and determined by government without the scrutiny of this chamber.
I appreciate how a government may deem to want to move forward with the legislation and then give themselves the ability around the cabinet table to change the regulation and make further changes, but the challenge is that when those changes do come forward, it will not be in the people’s House and there will not be an opportunity for opposition members to actually raise questions, or for the general public, largely, to have an opportunity to raise questions with respect to some of those changes that are forthcoming.
Now, it is certainly not, as the official opposition, that we have not brought forward some very thoughtful private members’ bills to address some of the items that I believe that the Emergency and Disaster Management Act is intended to address. There are two private members’ bills that were brought forward by members of the official opposition, B.C. United, and those were ignored. So I think it’s also worthy for folks at home to think about a government that chooses to ignore any private members’ bills that are coming from opposition members.
Government certainly likes to talk about collaboration or the fact that nobody has a monopoly on good ideas. Yet, as members of the official opposition, when we bring forward very thoughtful private members’ bills — I believe about 46 and counting, I think, over the last six years — not one has ever been brought forward for debate in this Legislature. So although the government might have lots to say around collaboration, we certainly don’t see it here in this chamber. And that’s unfortunate.
Now, the wildfires that we have had in recent years — both the White Rock Lake fire in 2021 really stands to mind, as well as this current wildfire season — had significant negative impacts on life and habitat across the province.
The loss of fibre…. We already have a failing forestry sector that’s really struggling with the lack of fibre, and for those forest companies that have a reduced cut tenure available to them, to see literally millions of hectares of fibre burn up is extremely troubling.
The loss of habitat for…. The impact on wildlife…. My colleague for Prince George–Mackenzie had shared that when a wildfire rolls through, even if some of the wildlife has the opportunity of getting out of the area, it pushes them into the territory of other animals. So mammals like fisher and marten, when other animals come into their territory, they’ll literally fight to the death. So fires have a significant impact even on our wildlife populations.
The loss of recreational values…. Beautiful B.C. is known around the globe, and as my colleague for Kelowna–Lake Country shared, it’s not just the negative impact on the landscape that has happened, but during these wildfire seasons, the smoke-filled skies are driving tourism traffic out of B.C. to other jurisdictions.
My community of Shuswap was really negatively impacted this past season by the Bush Creek East fire impacting communities in North Shuswap. I’ll get into a little bit more detail on it, but the amount of smoke and the state of emergency that was actually applied kept visitors away. If I talk to tourism operators within the Shuswap region, whether it be moteliers, rental companies or golf courses, the traffic absolutely dropped off to almost nothing in the middle of August.
So these fires do have a significant impact, not just on the health and fabric of our communities but also on businesses. Many individuals that rely on that summer employment in order to get them through the winter were negatively impacted obviously by many of these wildfires.
Impact on infrastructure — B.C. Hydro facilities. And as we know, post-wildfire, we also have ongoing challenges with geotechnical concerns, on increased flooding and landslides. So any opportunity we have as a province to quickly and immediately address these wildfires when they initially erupt is incredibly important.
Why I honestly believe that is so incredibly important is that if we look at the White Rock Lake fire in 2021 in the Westwold community, when that fire initially erupted, there were logging contractors working in the area, and they had equipment on that fire within the first four hours.
They felt confident they had the ability to put a guard around and to actually protect and contain that fire, but B.C. Wildfire Service directed them to stand down. They were going to monitor it for 48 hours.
Look what happened. They lost that opportunity to take quick action on that fire, and 40 hours later, that fire was out of control, and it devastated Okanagan Indian Band on the western shore of Okanagan Lake. They had huge losses. My colleague from West Kelowna lost a significant number of structures in the most northern portion of his riding.
Let alone just the smoke. This is where we have a look at…. The Minister of Health should be really taking notice of the impact on these smoke-filled skies and the negative impact that has on health.
My stepfather Knud Thomsen, who sadly passed away just a year and a half ago, had COPD. During COVID, he was isolated into his home. He and my mom were very careful and very cautious, worried about COVID and basically isolated themselves from the family.
Then we got through COVID, and we got into 2021, and he was thankful that finally he’s going to be able to get outdoors and spend some time on the Shuswap Lake. Well, the smoke was so severe, he was confined indoors. His last summer wasn’t out enjoying the beauty of our natural surroundings around the Shuswap area. He was confined to his home on account of the smoke.
There are many aspects of the wildfires that have such a negative impact on our lives here in British Columbia. The effort and the necessity of government to quickly respond and take control of these fires is incredibly important. I remember in 2021 when the Solicitor General at the time responsible for emergency preparedness made a statement on the news, indicating that government was utilizing all available resources to combat this significant wildfire service season in 2021.
Well, respectfully, that was only a half-truth. What the minister was referring to was the fact that government was utilizing all of the resources that currently existed within the B.C. Wildfire Service. But we know that there are many resources and services available, whether it’s logging contractors, road builders, individuals that are involved with mass water. There are tons of services available, both in B.C. and across western Canada, and those resources were not pulled into play until very, very late in the 2021 wildfire season.
We have a government that seems either overly cautious or unwilling to make those big bold steps to tackle these fires and to put them out when they first erupt within British Columbia.
This is similar to what played out this current season. The wildfire that negatively impacted the North Shuswap started in early July. Largely, the B.C. Wildfire Service was only monitoring that fire. There was not a lot of heavy action or efforts undertaken to actually put that fire out. But by mid August, things changed. They changed incredibly quickly, and 170 structures were lost in the North Shuswap.
I heard my colleague from Kelowna–Lake Country indicate…. I believe over 230 homes were lost from a different fire in Kelowna.
In the North Shuswap, it’s not just the structures that were lost. It’s not just a house. It’s people’s homes.
Kúkpi7 James Tomma with the Little Shuswap Lake Band…. They lost 31 homes on their reserve in the North Shuswap. He and his two brothers had to run for their lives down to the Little Shuswap River. They had to hide and take refuge under a bridge until individuals could actually come and rescue them and take them to safety.
The fire came in so quickly, with embers moving far ahead with the gusty winds, that even the B.C. Wildfire Service had to dismantle and abandon their 300-band encampment on Friday afternoon and leave the area.
Chief Tomma shared with me that it wasn’t just his family home and his mother’s home and his brother’s home. Within those homes were archaeological artifacts and photographs, some of the only photographs they had of family members.
As we see these wildfires putting more and more pressure on communities around the province, we need to ensure that government uses all available resources, not just those resources that exist within the B.C. Wildfire Service but all hands on deck, and to make sure that local contractors and all of the tools that are available to government are deployed in order to put these fires out early.
We talk about climate change and GHG emissions. In 2016, all resources in British Columbia, save and except for the forest sector, contributed about 60 million tonnes of carbon to the atmosphere. In 2021, the wildfires alone, just the wildfires, were 300 percent that number, 190 million tonnes.
Think about it. All resources in British Columbia, the transportation sector, oil and gas — 60 million tonnes. In 2021, 190 million tonnes are estimated to have gone into the atmosphere just from the wildfires alone. If that alone is not a reason for government to take quick and prompt action to put these fires out, I don’t know what is.
Now, as we look to the North Shuswap…. I’m incredibly proud of the efforts of the local community, the volunteer fire departments and even those that were working on the ground with the B.C. Wildfire Service. Those folks take their jobs extremely seriously. I’m very happy to report that there was no loss of lives or no reported injuries, which I’m aware of, in the North Shuswap.
One of the challenges that was presented to the community is…. When the back burn that the B.C. Wildfire Service lit on Thursday, along the power line, went terribly bad…. The fires and the wind changed direction, and the fires were pushed into the community. B.C. Wildfire Service left the community on Friday afternoon and did not receive authorization to return to the community until Saturday afternoon at 1 p.m. Volunteer fire departments were also told to leave the area, taking a lot of the fire equipment with them.
I certainly don’t second-guess either the B.C. Wildfire Service or those responsible for their fire departments, their volunteer firemen and firewomen, to actually leave the area. But what was left was only a few community members that resided behind, within the community, to protect their homes, their livelihoods in the community that they care so deeply about. Had there been the resources needed to properly protect the community, I certainly believe that many of those community members would have left the North Shuswap.
In the absence of any B.C. Wildfire Service personnel and in the absence of any active structural volunteer firefighters, what were community members to do? They could have taken heed of the evacuation order and they could have left, or they could, as many did, stay behind to protect their homes and their businesses and their livelihoods.
Context is importan, and I’ve shared this in a number of news media interviews. The North Shuswap…. The folks, the men and women that live in the North Shuswap — they’re a hardy bunch. They’re loggers. They’re roadbuilders. These folks have four-wheel drive trucks. They’ve got quads. They’ve got chainsaws in their garages. Because the North Shuswap is all along Shuswap Lake, many of them have their own boats and other alternative means of egress.
I’ve been scrutinized or criticized for taking a stance and supporting those individuals that did stay behind. I certainly would not encourage anybody to stay behind if they feel that they’re going to put anyone at risk.
In the North Shuswap, if I just can mention a few individuals. Dean Acton — his family has had Captain’s Village Marina for decades. He and his two boys, along with six friends, stayed behind, and they weren’t actively engaged with the wildfire.
Dean’s got, I believe, about $40 million in boats under his care. These are his customers’ boats as well as inventory that he has for his marina. He and his two sons and six other individuals, they stayed behind and they were running water trucks and water pumps and they were just basically watering everything, keeping all of the grounds on his property wet and saturated.
As these embers came in, they were putting out spot fires. They never lost a single structure or a single boat, and nobody was injured, but they protected and saved their marina. I was speaking to Dean recently, and I said: “Dean, had you taken heed of the order and had you and your sons and your friends left the area, what is your estimation on what would have happened?” He said: “Greg, honestly, we would have lost everything.”
It’s not just the loss of structure, but it’s the loss of employment. Dean and his family are huge contributors to the local community, provide huge employment in the North Shuswap. Because of the efforts of Dean and his boys and his friends, they were able to save their marina.
There are two other large RV parks in the North Shuswap providing recreational opportunities for folks from all across British Columbia, many from the Kamloops area. Those two parks alone — over $40 million in assets.
Again, without the work of other local residents, largely Craig Spooner and his crew and the Bischoff family…. They did a yeoman’s work running around with gravel trucks with big water tanks in the back and water pumps. Again, folks, there was no B.C. Wildfire Service personnel there and zero volunteer firefighters in the area from Friday afternoon through until Saturday afternoon. These folks that stayed behind. They did a huge amount of work to protect and save their community.
When we talk about 171 structures being lost in the North Shuswap, that number would be magnified by 300 or 400 percent had some of those locals not stayed behind.
I’m happy to see, and I certainly was happy to hear both B.C. Wildfire Service in the days following the impact on Scotch Creek and Celista in the North Shuswap….
Even B.C. Wildfire Service recognized the value that some of the local contractors were able to provide, and they took initiative to try and on-board them, taking heed of the value of the local knowledge, their knowledge of the road networks in and around their community and the skill sets of many of the locals that were used, you know, obviously in those early days and then, throughout the mop-up of the fire, to put out hot spots.
I’m happy to see that the legislation references local and Indigenous knowledge. The Neskonlith First Nation, who also are within that North Shuswap area, had reached out to me a number of weeks before the fire engulfed and consumed many of the properties in the North Shuswap, to indicate that they had 50 trained firefighters. These are Indigenous individuals, 50 trained firefighters. They were waiting to get deployed, and they were frustrated because these men and women are sitting there, fully trained, wanting to do the work to help British Columbia and to tackle some of these wildfires, but they weren’t being called up.
The MLA for Kamloops–South Thompson and myself — we made a number of calls, and within days, ten of them were dispatched but not to the local community. They were dispatched down to Osoyoos. Meanwhile, the other 40 individuals were still sitting there waiting to go. So I wonder why it is that we have trained firefighters, Indigenous firefighters that have local knowledge and they’re fully certified, why they were left to stand on the sidelines while we have firefighters coming in from Australia and all points south.
I know it’s extremely concerning to some of the First Nations leaders in the area, especially when we saw the devastation that negatively impacted Little Shuswap Lake Band. Communities rely on government to provide that protection. It’s not local government or the Columbia-Shuswap regional district’s responsibility for maintaining or for fighting wildfires. That’s the province’s responsibility.
When government fails to have the necessary resources or fails to initiate a state of emergency early on enough so that those resources can be called to action, and it negatively impacts communities like Scotch Creek and Celista and Lee Creek and Turtle Valley and the surrounding area and Squilax, and we see 171 structures destroyed in the North Shuswap…. My friend, Kúkpi7 Tomma, loses 31 homes, and his community is devastated. The habitat in and around the Shuswap is devastated and probably won’t be back to normal for 30, 40 years.
How can they not look to government and say: “Why didn’t you do more? You could have.” We heard the minister responsible for emergency preparedness continue to repeat the same words to British Columbians: “It’s not necessary. We don’t need to call a state of emergency. Everything’s okay.” Well, everything was not okay. Government was late to take action, late to deploy the necessary resources. I think that government needs to really do a big rethink about how long it is taking them to action some of these fires.
There’s a gentleman in the North Shuswap, a gentleman that I did not always see eye-to-eye with on many political fronts, Jim Cooperman, an environmentalist. He’s written a number of books on the environment and habitat, and he’s very concerned about what’s happening in and around the Shuswap.
When it comes to this fire that negatively impacted the North Shuswap and the back burn that was ignited by B.C. Wildfire Service, he’s undertaken a ton of work to document all of the different information that was at B.C. Wildfire Service’s disposal, the information they shared with the local community, and has reached out to the Forest Practices Board, looking for an independent review on some of those actions.
It’s certainly the view of many in the North Shuswap that it was the back burn that backfired, the back burn that went terribly wrong, that caused the largest amount of devastation to their communities. So government has an opportunity to do some navel gazing, to do their own investigations, to really learn what happened and why and to find out why it is that B.C. Wildfire Service are not actioning these fires as quickly as they possibly could.
I have no quarrel with those individuals that are working on the ground. They’re dedicated individuals. They do a yeoman’s work. But it’s the leadership within B.C. Wildfire Service that I’m very concerned about, this whole idea of: “We’re just going to monitor. We’re going to watch it and then see what happens.”
Again, as I shared earlier, the White Rock Lake fire…. Logging contractors were on that fire within four hours and felt confident they could have ringed it and contained it. But B.C. Wildfire Service said: “No. Stand down. We’re going to monitor it.” Look at the devastation that came from it.
I do hope that this government utilizes this opportunity with this legislation to make sure that they’re taking the efforts to protect the health and safety and welfare of British Columbians and using every tool at their disposal to action these fires quickly and not to wait until homes are engulfed, lives are put at risk and businesses are put at risk.
We also need a government that’s going to take action and not allow what happened to Lytton. In Lytton, two years post-fire, not a single, single-family residence is under construction — two years. How is that possible? The residents of the North Shuswap are looking to me, saying: “MLA, I hope that’s not going to happen to us here in the North Shuswap.”
Geotechnical assessments have to be undertaken. Archaeological assessments may need to be undertaken. We don’t know that yet. The government has still not been clear. For many of these homes that are fronting rivers, lakes and streams, riparian area assessments are going to have to be completed. Health permits are going to have to be obtained from Interior Health for putting in septic systems.
We don’t know, and residents in North Shuswap don’t know, what that is going to look like. All of that work, all those reports — none of that is covered by insurance.
With that, I’ll take my seat.
M. Lee: I rise to join all of my colleagues here in the official opposition to speak on Bill 31, hearing, as we just did, from the member for Shuswap about the challenges in his region that he represents, to landowners, to community members, to First Nations, Indigenous peoples, and, of course, the terrible example of Lytton, in terms of the recovery there — the member, also, for Fraser-Nicola.
I have the opportunity to speak to this bill as, also, the shadow minister for Indigenous Relations and Reconciliation. I know that structurally, this bill will be…. It’s been commented. I’d like to use my time to give some notice to the minister responsible for this bill, as well as the team around her, as we get to committee stage. Just like my colleague the House Leader for the Third Party said in his comments, I hope we do have sufficient time at committee stage to go through this bill in detail.
Just like the member for Prince George–Valemount knows with the health professions bill, I hope that there isn’t that kind of management by the government and their House Leader in terms of time allocation and cut off of review.
The reason for that is that this bill, for example, from my understanding, since we’ve seen the implementation of UNDRIP, under the DRIPA act, in this House, and the DRIPA action plan…. Now we are with the DRIPA bill itself, and the act, for four years. This bill is, arguably, the first land-based bill that is attempting to implement the commitments made under UNDRIP as interpreted by this government.
Structurally, as we look at the importance of emergency management, including for wildfires and floods and other transmissible diseases, these challenges that our province has faced…. That we ensure that a structure works, is workable with local authorities and for First Nations, with government…. That it doesn’t merely add more regulation and more administrative burden to all of the bodies that might need to be involved — the ones that need to respond quickly to an emergency, of course….
We know that as we look at the work of other ministries, like the minister responsible for Water, Land and Resource Stewardship…. I’ve heard, in many gatherings for First Nation leaders, the minister speak about his current updates on land management plans and use, planning tables, both regional and around the province.
[Mr. Speaker in the chair.]
The recognition, of course, for the support of the tremendous biodiversity that we need to continue to sustain in our province with Indigenous communities and First Nations….
That, of course, does introduce the interaction behind this bill, as we look at the involvement set out around consultation, joint decision-making, coordination agreements with First Nations. We need to understand the interaction of this framework around emergency and disaster management with First Nations versus all the other, parallel efforts that this government is taking to understand how we do, collectively, land management planning with First Nations.
Of course, in the case of an emergency, that brings everything to the forefront.
So let me just say, by way of notice to the minister and her team, that I would like to use this as an opportunity to understand and get an update from the government in terms of how it’s utilizing the term “Indigenous governing body.” We know, in this Bill 31, throughout the bill, in the operative sections — including part 3, “Agreements with Indigenous governing bodies” as per the title….
When the member for Abbotsford West and myself had five days of committee review with the former Minister of Indigenous Relations and Reconciliation, we did go over what an Indigenous governing body means from the purpose of this government. So I would like to review with this minister what that means in this context. We can, again, reconfirm the government’s interpretation of the term “Indigenous peoples,” as set out under DRIPA.
The importance of this is this: for those First Nations and Indigenous communities that don’t fit within that definition, how would this new emergency and disaster management framework apply to them? What opportunities will they have to participate in the management of their lands? That will be a question.
When we look, for example, at the conversation around Indigenous peoples, I know…. I take note of the minister’s second reading speech, where she stated that “Indigenous” includes Métis and Inuit peoples, as we know. But she went on to say that First Nations are the only Indigenous peoples with land-based rights recognized here in B.C.
I do know that the Minister of Indigenous Relations and Reconciliation recently had to retract his letter that he provided to Métis Nation B.C. where he recognized the importance of cooperation and collaboration with Métis Nation B.C., recognized their status and the work that needs to be done government to government. The minister, two weeks after that, retracted his letter.
I understand why the minister says that First Nations are the Indigenous peoples with land-based rights here recognized in British Columbia. My understanding in talking to Métis people, other than…. Kelly Lake is the one area of the province where there is, at least from Métis people’s perspective, some land-based rights that they would assert. But I’m not trying to get into that issue here, about Kelly Lake.
All I’m saying is…. I’m just giving another example. When we talk about Indigenous governing bodies, is there a qualifier that the minister is suggesting that means Indigenous governing bodies with land-based rights, and if that’s the case, where do Métis people fit within a concern around emergency and disaster management? I know, of course, that when we talk about emergencies, we’re concerned about the land. But Métis peoples have an interest, of course, as Indigenous peoples on these lands. I don’t mean from a title and rights perspective. I mean in an emergency management situation.
That’s just another example as to understanding the work that’s being contemplated with Indigenous governing bodies when they’re considering the risk assessments and emergency management plans that are to be developed or revised, adjusted, during emergencies.
As we turn to the section dealing with multi-jurisdictional emergency management organizations, section 21 of this bill, the lead-in says: “A multijurisdictional emergency management organization may be established, in accordance with the regulations….” This is part of the concern that we see with this framework, which is that a lot of this bill, the actual details, are left to regulations.
We’ve seen this, of course, time and time again from this government. We know they’ve been working on this review for many, many years, and they bring forward a bill in this fall session with a lack of details. So that does force us, as members of this House, to review in detail exactly what is contemplated by these provisions.
For example, in this provision, it says that a multi-jurisdictional emergency management organization may be established, if there are any regulations, “by 2 or more of the following: (a) a local authority; (b) the government; (c) an Indigenous governing body.” As the minister presents herself for committee review, we need to have a good understanding as to what is exactly contemplated here.
Is it contemplated, for example, that government and a local authority can enter into a multi-jurisdictional emergency management organization without the involvement of an Indigenous governing body on their lands? Is it contemplated that the government and an Indigenous governing body can enter into a multi-jurisdictional emergency management organization without a local authority? Or is it contemplated that an Indigenous governing body and the government can enter into a multi-jurisdictional emergency management organization without government?
This does raise another concern, which has been expressed by other members of our official opposition caucus. With this framework change, what is the resource allocation that is going to occur here? We know that with the Ombudsperson’s report and other position papers — policy papers provided by the Assembly of First Nations, for example, the First Nations leadership summit, the Union of B.C. Indian Chiefs — there is concern about capacity building. So what is the capacity that’s provided to this multi-jurisdictional emergency management organization if government is not involved?
These are just examples of the types of considerations as we find all levels of government working at the municipal level, local government authorities, regional districts, the provincial government, Indigenous governing bodies as defined under DRIPA by this government.
As we look at these definitions and how they are utilized, we see that the minister may by order also require that two or more local authorities can establish a multi-jurisdictional emergency management organization, or a local authority can be ordered to join a multi-jurisdictional emergency management organization.
Somewhere in here, there is a reference and other sources of questions relating to Indigenous governing bodies. What if there’s another Indigenous governing body who has an overlapping claim on land and title or jurisdiction? Where is the element to involve and ensure that that Indigenous governing body has a right and an opportunity to participate in this emergency management organization?
I appreciate the intent — as commented by most members, if not all, that I’ve heard speaking to Bill 31 — of the recognition of the importance of involving First Nations in collaboration. But how it’s being done structurally in a bill of this nature, with the amount of detail that’s required….
I will not have the time today, but I will continue my comments tomorrow, if the bill is presented again, as to how it’s worked through in terms of all of the agreements that are provided for under part 3 of Bill 31.
Mr. Speaker, if you indicate this is a good time for me to reserve my place and move adjournment of the debate.
M. Lee moved adjournment of debate.
Motion approved.
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Hon. M. Dean moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 10 a.m. tomorrow.
The House adjourned at 6:27 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 27 — MONEY JUDGMENT
ENFORCEMENT
ACT
(continued)
The House in Committee of the Whole (Section A) on Bill 27; F. Donnelly in the chair.
The committee met at 3:03 p.m.
The Chair: All right. Good afternoon, Members. I’ll call Committee of the Whole on Bill 27 to order, Money Judgment Enforcement Act.
We finished off on clause 4.
On clause 4 (continued).
Hon. N. Sharma: The member asked a question about the particular section of clause 4(b), particularly the suspended enforcement indefinitely.
In response to that, clause 4 does not give the court a greater ability to suspend enforcement than it currently has, and there is no indication that the court has been using powers that are similar, which have existed, inappropriately. Clause 4 merely rewords an existing authority set out in section 48 of the Court Order Enforcement Act.
M. de Jong: Thanks to the minister for following through with that answer.
Is an order of that sort, pursuant to that section, appealable?
Hon. N. Sharma: I’m informed that would be appealable with leave.
M. de Jong: With leave of the Court of Appeal?
Hon. N. Sharma: Yes.
M. de Jong: I’m prepared to move on now to clause 6.
Clauses 4 and 5 approved.
On clause 6.
M. de Jong: This is a little bit of a point of departure, I believe, from existing legislation, providing, as it does, for the specific prohibition on arrest or imprisonment. Maybe I’ll start there.
Am I correct? Is the inclusion of this language in this money judgment enforcement legislation new?
Hon. N. Sharma: It’s not new. It’s essentially an update of old language that was used for similar powers under section 51 of the court order enforcement.
M. de Jong: All right. Well, let me try this. I’ll try to think of an example.
In circumstances where a non-custodial parent, for example, is the subject of a….
If the custodial parent has received a money judgment for the payment of support, is the effect of this — and, apparently, existing legislation — to preclude, in circumstances where the judgment debtor steadfastly refuses to honour that monetary obligation, that judgment debtor from being arrested and, in a worst-case scenario, being incarcerated for failure to honour, in the example I’ve used, the obligation to the child?
Hon. N. Sharma: The first part of it, just to explain, is that the purpose of this section is to expressly, I guess, displace a common-law principle. So it shows up in our legal regime in different ways.
I’ll start with the first one. The scenario that the member raised about non-payment of child support — that would be wholly covered by the Family Law Act, and this doesn’t displace that.
Under that, sections 31 and 23, there is a power for order for imprisonment. There is an ability to do that. Under the Supreme Court rules, no such ability would exist, but under provincial small claims rules, a judge could find a contempt of court order that might result in incarceration. So it depends where you are, but for the scenario provided, it would be covered under the Family Law Act.
M. de Jong: There are, within the body of this legislation, numerous provisions that require an application being made to the court. In a number of cases, it is the Supreme Court, and we’ll happen upon them as we move through this.
The construct, if we look at it at a higher level, is that someone has a judgment. There are provisions here that allow them to register that judgment. There are provisions that allow them to seek information from the judgment debtor. If the judgment debtor is uncooperative, there are opportunities to apply to the court. There are then seizure provisions and a myriad of different possible applications that might have to be made or could be made.
In circumstances where a judgment debtor is not just frustrating the entitlement of the judgment creditor and their desire to realize on the judgment they’ve obtained but is seeking to frustrate the effort of the court to assist with enforcing the entitlement of the judgment creditor, am I correct, based on what the Attorney has just said, that the Supreme Court of British Columbia will not possess any mechanism by which they could make a finding of contempt of a judgment debtor — who is, for example, steadfastly ignoring the orders of the court — and order arrest and detention?
Is that what I heard the Attorney say?
Hon. N. Sharma: Okay, so the general purpose of having provisions like this to displace the common law is to prevent what the common law would allow for, which is that you could get imprisoned just for existence of a debt. You owe money somewhere, and somebody finds it, and it’s automatic. You could get imprisonment as a result of that. What’s constructed here is, first of all, you displace that through legislation.
The second part of that is the question about the Supreme Court. Since it’s displacing the idea of incarceration for the simple fact of debt, what the Supreme Court would then have the power to do is, just like the Supreme Court for any order with inherent jurisdiction, to find contempt of court in the instance that there is a contempt of any court order of that level of court and whether or not it’s related to a debt.
Under small claims, there is a rule specifically related to non-payment of a payment schedule. That is specifically because, under the small claims rules, a judge could make an order for a payment schedule. They’ve taken the time to sit with the debtor and say: “Well, diving into the facts, here’s the payment schedule.” That’s an order of that court. So it may be found to be contempt of court for non-payment of that payment schedule.
M. de Jong: Okay, that’s helpful.
Just to be clear, on the record, I am not suggesting that we should roll back the pages of history to Dickens and Oliver Twist and recreate a debtors’ prison. What I am asking, though, just to take a moment to explore….
We recognize, in the way that the Attorney has pointed out, that we attach a special importance to the enforcement of judgments and the collection of debts as they relate to children through the Family Law Act and maintenance. We do so, I think, for a very sound policy reasons, social policy reasons.
All I want to suggest to the Attorney is that I have seen the impact firsthand that the non-payment of what some might call a fairly modest debt can have on a family, a small business family, who have been — I’ll use the legal term — stiffed by some nefarious character who doesn’t want to pay his or her $5,000 or $10,000 bill. They literally put people in the poorhouse.
It’s one thing if we are confronted by a debtor who themselves is of extremely limited means and wishes to pay that debt but can’t. But we all know there are nefarious characters out there who will manipulate in every way possible simply because they don’t want to pay the debt.
It’s ensuring there is a mechanism available to a court when it is confronted by one of those people who acts in that way — who, despite having the means, arranges their affairs in a way to shield it from any kind of collection activity — so the court maintains an ability to say to that individual: “It’s long enough. You’ve done everything you can to frustrate this person to whom you owe money, because the court has determined that you owe the money. You’re not providing the information. You’re not attending as required for discoveries to provide additional information, and I’ve had enough.” Sometimes the only thing someone like that understands is when they have to spend a few weekends or a few weeks as a guest of the state.
Again, we’re not talking about the recreation of a debtors’ prison, but I do think it’s important to preserve, and hope these provisions preserve, the right of a judge, both at the Provincial and Supreme Court level, in those extraordinary circumstances to impress upon a judgment debtor that there is an ultimate penalty still available to the courts to remind them of what their obligations are.
Hon. N. Sharma: As I talked about a bit earlier, of course, some of the examples the member provided are prime examples where a court may step in and say it’s contempt of court for that person not to adhere to court orders and rules, and to provide the reassurance that a section like this has been in place to displace the common law previously in this particular piece of legislation.
It doesn’t do anything extra to displace any court powers, and, of course, the inherent jurisdiction of the court exists.
Clause 6 approved.
On clause 7.
M. de Jong: We’re dealing here with a mechanism by which the application of the act may be altered. In 7(1), there is a reference to waiving the application of parts of the act by written consent of all persons.
I guess a couple of questions that flow from that. “All persons,” I presume, would include the judgment debtor and the judgment creditor, at least, and perhaps others, although I’m not sure who that would be.
Then the second question flowing from that is: when must that written consent…? When is it anticipated that that written consent would be obtained?
Hon. N. Sharma: As written in the construction of this provision, if there’s a cause of action that exists, that triggers that ability. If there’s a cause of action that exists, it allows “all persons,” which could include — I think the member was right about the broadness of it — debtors, creditors, third parties affected, acknowledged judgment creditors, co-owners, people like that, to come up with a written agreement under this section.
It encourages settlement outside of that. That’s the purpose of that provision.
M. de Jong: Sometimes it’s difficult not to overhear some of the conversation. I heard the term…. Someone anticipated, I think, what my next question was going to be, which is the possibility of contracting out. It strikes me that, worded as it is — it’s probably not going to happen overnight — some clever lawyer is going to see the provisions. I’ll share with the minister a little bit of my concern here.
In a lot of these contracting relationships, you have unequal partners: one who is very sophisticated, one who is not. The possibility of building into a contract a provision that says: “The following sections of the Money Judgment Enforcement Act, the parties agree, do not apply….”
I think what I’m hearing the Attorney say is that that’s not what the intention of the section is, but I’m not sure I agree, at this point, that it couldn’t be used for that. I’m not sure, the way the clause is written, that an existing cause of action is a prerequisite to entering into the agreement.
If I’m a judgment debtor, I’m going to point back to the contract that I signed with the judgment creditor and say: “We agreed some time ago that these provisions, or these particular seizure provisions, wouldn’t apply. We’re allowed to do that, because clause 7 says we can.”
I accept that’s not the intention, but I wonder if the wording would allow for that.
Hon. N. Sharma: I’m just going to have to note my disagreement with the member on the reading of that clause. I think the first section is pretty clear. It says: “If a cause of action exists that gives rise to a money judgment being enforceable under this Act….” This would protect, I think, this section from the conduct that he described.
M. de Jong: Well, I mean, there’s nothing wrong with having a bit of an interpretive disagreement, which I think we do, because I don’t think it will be a stretch for someone to argue, if they have built a waiver provision into a previous agreement…. I don’t think “cause of action” is a defined term in the act, so I’m not sure what would qualify or what the triggering event would be.
I think I could argue in a fairly compelling fashion that the act contemplates the existence of a waiver agreement with respect to certain enforcement provisions of the act. Now, the Attorney says she’s not concerned that the provision will be used or attempted to be used or that the courts would be prepared to interpret the clause in that way. I’m not so sure.
I’ll be interested to hear her rationale for why she is more confident of her position than I am of mine. She certainly has access to far more legal firepower than I do these days. That is not lost on me.
Hon. N. Sharma: Okay. We did a bit of a deeper dive about the legislative drafting decisions that formed this position, in response to the member’s question.
The term “if a cause of action exists….” So you can contemplate, in that scenario what cause of action exists. It wouldn’t be a scenario where you’re just forming a contract with somebody, because in that situation, a cause of action exists.
The term “cause of action” is used on numerous occasions and in many pieces of legislation, so that is something that would be very familiar. It’s also located at the very front of that clause, so that is a way of drafting, in a sense, that gives it that temporal aspect of it priority.
M. de Jong: Well, I guess this is one…. We will wait and see. I think what the minister has done is laid on the record what the intention of the section is and, to the extent that courts refer back on occasion to these debates, that will be, perhaps, helpful from a legislative interpretation, judicial interpretation perspective.
I had my little theory and concern about sub 7(1). I didn’t actually understand what the heck sub 7(2) was about, so I’ll just ask the question. Under what circumstances that comes into play, a “measure taken by a civil enforcement officer for the purpose of enforcing a money judgment is, with the written consent of all interested persons, deemed to have been taken in accordance with this Act.”
Is that just a presumptive clause that says that we assume the enforcement officer is doing everything right?
Hon. N. Sharma: The policy that’s meant to be supported by this section is the ability of a civil enforcement officer, in the fact-specific scenario that they’re confronted by, to come to a resolution of the matter potentially beyond the scope of this legislation or outside of the scope of it.
For example, if the civil enforcement officer has an ability to seize and sell a property but by agreement among the parties doesn’t do that, then that’s one example, or there are provisions in here that are quite detailed about closely held companies and the complexity of that. Even though the powers exist for civil enforcement to do certain things, by agreement they can depart from some of those to resolve the matter between the parties. So it’s really a basis for that to happen if it’s necessary.
M. de Jong: Is that, then, more applicable in a circumstance where the enforcement officer has this whole body of potential remedies to effect collection on behalf of the judgment creditor but, in effect, creates a structured settlement that engages the support of the creditor and also the support of the debtor? Am I understanding that correctly?
Hon. N. Sharma: Yeah, that’s correct.
M. de Jong: Sub 7(3) makes the point that a judgment debtor cannot waive an exemption claim. Does that presumably also include a judgment debtor’s dependent?
Hon. N. Sharma: Although it’s not expressly named in there, a dependent doesn’t have the ability at all to waive an exemption claim under part 13. It only has the ability under 160, which I’m sure we will get to at some point, which allows them to make a claim like step in and say the property should be exempt under that.
Clauses 7 and 8 approved.
On clause 9.
M. de Jong: Two questions here. First, I presume the upshot of the definitions in section 9 that pertain to part 3 capture all other provinces and territories in Canada, so an order or judgment from a court in any one of the Canadian provinces or territories is covered by this definition. Is that correct?
Hon. N. Sharma: Yes.
M. de Jong: The follow-up question. We have reciprocal enforcement agreements with some international jurisdictions. Are they captured as well?
Hon. N. Sharma: That particular scenario where it’s an international judgment is covered by another piece of legislation, so that’s why it’s not in here.
We’re just looking for confirmation of the name of that legislation. I’ll give that to you, I’m sure, after your next question.
M. de Jong: Right. My interest is as follows. The legislation comes to us, is commended to us, as a means to reduce the burden facing a judgment creditor, and we’re exploring the ways it does and doesn’t do that.
International transactions between British Columbians, British Columbian companies and people, for example, in the state of Washington where I do think we have a reciprocal agreement…. This is I think intended to operate so that if I have a judgment, I can go register it.
If, however, I have a judgment from the court in the state of Washington and still have to go through a separate registration process of that judgment with, for example, the B.C. Supreme Court, then I’m not really gaining anything. So that’s where my level of interest lies.
Have we eliminated a step by allowing people who have a judgment out of a court with whom we have a reciprocal enforcement agreement to simply register that judgment?
Hon. N. Sharma: If we were following the pathway when it comes to international judgments, so let’s say a Washington example…. You have a Washington order that says somebody owes you money. The way it would flow once this bill is passed is….
Part 2 of the Court Order Enforcement Act sets out how you seek to register your international judgment in a local court, which is just part of our necessary jurisdictional procedural things and long-standing law. Once it gets registered in a B.C. court, it becomes a local judgment by virtue of the definitions and sections and then gets fed into the procedures that are laid out here in terms of enforcement.
M. de Jong: Thanks to the minister for confirming what I feared was the case. I say this respectfully. The answer is: “Well, that’s the way we deal with foreign judgments.” But this was intended to streamline, and presumably — I hope the Attorney would agree with me — the requirements for taking a foreign judgment from the state of Washington….
As we talked about last day, I’m trying to think of examples that aren’t fanciful. There’s a lot of commerce that takes place and a lot of trucking that goes back and forth. So these disputes arise.
Maybe you’re a trucking agent or supplier, and you’ve secured this judgment against someone who may have some assets in B.C. I thought the intention was to be able to take that judgment — which, in this example, is from a Washington court — and bring it to the money judgment registry, who would presumably ask for all of the same things that the Supreme Court registry would ask for to validate the judgment, to confirm it’s a valid judgment of a foreign court.
So why wouldn’t we simply, if we’re serious about wanting to streamline, allow that creditor, who we’ve just agreed can do it…? I mean, there’s a way to do it, but we’re putting them to the cost and expense of an extra step.
Hon. N. Sharma: I’ll start with the definition of local judgment, subsection (b). In the scenario that the member raised about commercial agreements amongst parties…. As the member likely knows, oftentimes these types of provisions are contracted as ways to resolve commercial disputes, and that would automatically be under the definition of local judgment under this section.
The second part is: in the scenario where you have a foreign judgment and you’re registered here, you do benefit from the rest of the regime, which does make it easier and makes the process easier in order to collect on your judgment.
Then the third part is: the money judgment registry has no gatekeeping function. I think the member talked about similar questions in the Supreme Court.
It’s a question of law whether or not that judgment is a valid judgment. The money judgment registry does not do that analysis. In the scenario of a foreign judgment, that process would be necessary in order for our enforcement provisions to kick in.
M. de Jong: I was about to move on until I heard the final part of the Attorney’s answer. My understanding of a foreign judgment from a jurisdiction with whom we have a reciprocal agreement is that if the appropriate documents, properly certified as true copies, so on and so forth, are presented, the registry accepts them.
I don’t know that the Supreme Court of British Columbia relitigates matters, decisions of foreign jurisdictions with whom we have a reciprocal enforcement agreement. The litigants themselves might, but I don’t think, in that case, the Supreme Court of British Columbia is playing a gatekeeper role to determine whether or not they’re satisfied with the nature of the judgment.
If that is so, I don’t get the distinction between…. I wasn’t asking for the registry to play any kind of a role other than to ensure that the proper documents are present to confirm that it is a valid judgment decision from a foreign jurisdiction with whom we have a reciprocal enforcement agreement in place.
Hon. N. Sharma: Under the current regime, there are still, even with reciprocating, as the member states, that have agreements with us…. There are still things that the Supreme Court will check, including whether the order has expired and whether it’s been ten years expired. There’s a threshold that’s reached through that process that is a part of the process needed to have it become a local judgment.
Clause 9 approved.
On clause 10.
M. de Jong: The registry, obviously, is a significant part of the regime. The money judgment registry is a key part of the regime. I just thought we’d take a moment for the Attorney to give us a better sense of what that registry is going to look like. Where is it going to be located? When is it likely to be established, assuming the legislation passes?
Hon. N. Sharma: The money judgment registry will be part of the personal property registry, and that will be administered by the registry services of Citizens’ Services.
We are expecting that it would take until early 2025 to have the entire regime that will replace the current one in place. That’s for a few reasons.
First of all, obviously, are the chief enforcement officers and the expansion of those roles and that ability for them to be ready to go.
Also, the searching of the personal property registry will result in the addition of commercial liens and judgments as part of that. So it’s a one-stop search for the personal property registry for all of those. These steps will take till then, but we expect early 2025.
M. de Jong: How many additional people are the government expecting to hire to operate the money judgment registry?
Hon. N. Sharma: We’ll obviously be watching this and adjust, if necessary, to make sure of successful delivery.
At this point, we see it more as a transition. It’s possible we may not have to add any new people. It would just be a transition into this.
M. de Jong: The submission that was made in moving this through the various stages internal to government did not include any recommendations or estimates about additional FTEs?
Hon. N. Sharma: Although I can’t disclose what was in a confidential submission to a committee, I can say that, at this point, we don’t expect to have any more FTEs, as I mentioned.
M. de Jong: Are there any capital costs associated with the establishment of the registry? If so, how much?
Hon. N. Sharma: We expect the expenses to be modest. The way we will approach it is to use existing infrastructure and the teams that we have and just transition into this legislation.
M. de Jong: Does the Attorney anticipate that in establishing the money judgment registry, it will be necessary to procure additional IT software?
Hon. N. Sharma: No.
Clause 10 approved.
On clause 11.
M. de Jong: In sub 11(1)(a), reference is made to the judgment statement that judgment creditors will file. Is that anticipated? Will that be a prescribed document or a form document that judgment creditors can fill out?
It may well be, I expect, in this age, a digital form, online. I presume we’re not asking judgment creditors to create their own format. There will be something for them to fill in to provide the information required. Is that correct?
Hon. N. Sharma: Yes, it will be an online form.
M. de Jong: Of course, here we are again with the reference, as part of the registration process, to fees or the making of arrangements referred to in section 24. So I do need to ask what the Attorney is contemplating with respect to the calculation of fees.
I expect she’s going to say: “We haven’t set the fee.” But I think it is fair for the committee to learn of the range that the Attorney and the government are contemplating and, also, if there is a different methodology. By that, I mean: does she anticipate that the fee will differ depending on the order of magnitude of the judgment itself?
I’m differentiating this question from something we touched on previously and that we’ll come to again, and that is what the enforcement officer may seek by way of expenses associated with collecting. This, as I understand it, is purely a registration fee. When you put your stuff online, you’re asked to submit a fee. I’d be surprised if it changed depending on the size of the judgment being collected, but I’m curious. What I think isn’t important. It’s what we hear from the Attorney.
So a range of what the fee might be, and, secondly, will it be structured in a way that differentiates depending on the size of the judgment being collected?
Hon. N. Sharma: Like a lot of work with access to justice, the principle behind any setting of fees is to ensure that they are set at a level that’s accessible and don’t provide a barrier or put up a barrier for people to access the services. Right now, although I don’t have a set amount of what that would be, we expect we will look to existing fees for the PPR, personal property registry, which right now is set around $5.
To the second part of the question, that wouldn’t change based on the size of the claim.
M. de Jong: Would not change?
Hon. N. Sharma: Would not change. That’s right.
M. de Jong: So 11(2), I think, makes it clear that if I am a judgment creditor, notwithstanding the fact that the judgment debtor may have appealed the judgment, I am entitled to register. Later, though, we will come to….
I just want to differentiate between the registration and enforcement mechanisms. There is a mechanism by which, as I understand it, enforcement of that registered judgment can be stayed pending the hearing of an appeal.
Hon. N. Sharma: Yes, that’s correct.
M. de Jong: And 11(6) speaks to the circumstance where the registrar has presented with the two or more judgments and registers them at the same time. I take it that this is a similar test that is sometimes followed in a land title office where incumbrances are registered. It kind of becomes a luck of the draw. The priority goes to the one the registrar registered first, and the lower number wins in that case.
Hon. N. Sharma: That’s correct.
Clause 11 approved.
On clause 12.
M. de Jong: Limitation periods referred to in 12(1). My sense is that virtually all Canadian jurisdictions have moved to the standard two-year limitation period. Insofar as for extra provincial judgments, that is relevant. Is the Attorney or her team aware of jurisdictions that have a shorter limitation period than two years?
Hon. N. Sharma: No. We are not aware of any.
M. de Jong: In sub (5), a reference is made that a judgment creditor can’t register a money judgment more than 15 years after the date on which the money judgment was granted. Is that an absolute limitation period that I am bound by? Once 15 years….
Let me ask this: does that limitation operate in a way where, sometime in 2025, I register my judgment and it only remains in effect for 15 years, or is there a limitation on my ability to register the judgment?
Hon. N. Sharma: That is consistent with the ultimate limitation, yes, that 15 years, but it only applies in this section (2) when you can register the money judgment. You are able to renew that, once registered, after that.
M. de Jong: And could renew it perpetually, well beyond a 15-year period?
Hon. N. Sharma: Yes, it can be renewed perpetually.
M. de Jong: In sub 12(1) and sub (3), there’s a reference to the ability to register after a particular date, on application by the judgment creditor. I’m trying to think of the circumstances where that might be applicable. Who would be the parties? I presume the judgment debtor would be the party. Would the registrars themselves have to be a party to that application?
Hon. N. Sharma: This is meant to mirror the law on the limitations period that is in the province. That allows for scenarios where it might be unfair. For example, if the debtor was in a coma for an extended period of time. That is one example. That would mean that in such an application, all parties that were potentially affected would have to be notified.
M. de Jong: The last part of my question was: would the registrar herself or himself be a party to that kind of an application?
Hon. N. Sharma: No, they wouldn’t be a party, but they would receive the order, obviously, once it has been made, if it has been.
Clause 12 approved.
On clause 13.
M. de Jong: Sub 13(2) describes a situation in which a money judgment is to apply. The Attorney, obviously, can read and knows her own legislation.
This notion of a money judgment that provides that the money judgment is to apply solely to certain specified personal property held by the judgment debtor at the time of registration…. How would that come about? Who does that? Does a judgment creditor have the option of saying, when they register the judgment: “This judgment debtor owes me 25 grand, but I’m going to limit…”?
Do you see what I’m asking? Why would anyone…? If you’ve got a judgment, why would you limit what’s exigible from the judgment creditor?
[R. Leonard in the chair.]
Hon. N. Sharma: We don’t anticipate this section would be used very often. A scenario where it may be used, for example, is if the parties want to maintain a business relationship that is important, that drives their decisions, apart from what they might be entitled to. Or for example, if there’s an agreement from the debtor to sell something but an encumbrance on that particular property would limit the ability to obtain what was needed, that’s another example. Or maybe it’s just simply by agreement between the parties, or there’s another factor at play.
M. de Jong: But am I correct in surmising that the only person that could place that kind of a limitation around the money judgment and the subsequent enforcement of the money judgment through the registration process…? That could only happen with the agreement of the judgment creditor? It’s not the registrar who could say: “I’m going to place a limitation on this.” It would always require the consent of the judgment creditor.
Hon. N. Sharma: Yes, the member is correct that the judgment creditor would have to be the one that did it in their statement that they filed.
Clause 13 approved.
On clause 14.
M. de Jong: So we’re going to have this registry, the minister believes, by sometime in 2025.
In terms of the transition, are existing money judgments automatically registered? What process…? If I have a judgment today, if I receive a judgment, are they automatically registered? Am I going to have an issue with an expired limitation period if I want to take advantage of the registry? How is that transition going to work?
Hon. N. Sharma: The principle we will be guided upon — and I think the member rightly points out — is fairness in and ease of transition into the new regime. There would be no scenario where anything contemplated in the legislation or in the transitional provisions that we’re working on would invalidate current right or order or proceeding.
We are going to be working, if the legislation passes, on transitional provisions. We expect those transitional provisions will contemplate all the different scenarios, and we expect that it will be, obviously, well before 2025 that those will be before the House.
M. de Jong: A rough estimate. How many money judgments emerge from the B.C. courts — provincial court and superior court — in an average year?
Hon. N. Sharma: I’m just going to suggest, as my team looks for the answer to the member’s question, if maybe I can give him that data once I obtain it from my team, and we can move on if there’s any other…. I’ll make sure I get him that information.
M. de Jong: That’s fine, because to allay any great suspense on the matter, I am curious about the anticipated workload that civil enforcement officers are going to assume, which is why I’m also curious about the number of existing money judgments and judgment creditors that will wish, presumably, to take advantage of this.
I’m going to ask: if I have an existing judgment today or receive one in the next year or year and a half, in order to register, does the Attorney anticipate that the fee will be applicable or that there will be an automatic registration?
Hon. N. Sharma: I have a number for the member: 1,857 writs for the bailiffs executed on last year.
Your next question was…. First of all, I’ll just put that placeholder discussion…. The member can come and ask me details about it, once we have the transitional provisions, which we will work on. But the idea is to give that person that has an existing writ the option to register in the new regime or pursue the course of whatever rights they have under that writ. Then, I guess if they did want to register, the fee that would be attached to that would apply.
M. de Jong: I appreciate the number — 1,857. Would that also include…? I’m thinking not, but does it include…? This registry also potentially allows for the registration of orders from tribunals and other adjudicative bodies. Would that be in addition to the average number that the minister provided to the committee?
Hon. N. Sharma: The number I provided was inclusive of the tribunals. They would also apply for writs, and they would fall under this category. So it is a pretty, I guess, reliable number when it comes to writs in the province for this type of enforcement.
Clause 14 approved.
On clause 15.
M. de Jong: So 15 introduces this notion of an invalid registration on the basis of a seriously misleading error. I circled this part in advance. I was going to ask some questions about it, and those questions were going to be about who determines that, how and when.
I’m now thinking about that in the aftermath of the minister’s comment just a little while ago about the registry not playing a gatekeeper role. It seems, depending on who has that responsibility, that perhaps the registrar is playing, is going to be called upon to play, something of a gatekeeper role. But I suppose that depends in part on the answer to the question about who is responsible for making an assessment around this notion of a seriously misleading error.
Hon. N. Sharma: This provision would rely on a court application and a court decision.
M. de Jong: So the process, then, would be…. The registration would take place and could only be deemed invalid for this reason following a subsequent court application?
Hon. N. Sharma: The purpose of this, generally, would be to protect a purchaser who has rightfully purchased the property of a debtor, and they believe that they have and they need to seek a remedy from the seizure of or the taking of that by the creditor. That would be where this would come into play.
M. de Jong: That’s helpful. I’m still curious, though, about this notion about how a finding of a seriously misleading error comes about, because if we go down to sub (8), it talks about “a proceeding in which it is alleged that an error in the name of a judgment debtor is seriously misleading.” It says that it is not necessary to prove that anyone was in fact misled.
Mostly in this legislation, where applications to the court are complicated, it is set out that one may make application to a court or the court. This is somewhat more vague and talks about a proceeding, and it could lead one to conclude that what’s contemplated here is an internal proceeding, internal to the office of the registrar and the registry in the absence of a specific reference to the need to apply to a court. Am I misreading that?
Hon. N. Sharma: The registrar is a statutory creature that has no powers that are not given to them except by statute. So if legislation is silent on that, then it would be the courts.
Clause 15 approved.
On clause 16.
M. de Jong: I just want to confirm that I am understanding this correctly and get the Attorney’s thoughts on what I think is a differentiation.
The idea behind the land title office, which continues to play a role in the collection of money judgments, is that registration is deemed notice. If we are dealing with a land asset and it’s a purchaser or someone else who is seeking to take an interest, it’s their job, their responsibility, to check with the registry. It would appear that that is pointedly not the case here — that registration is not deemed to be notice to anyone of anything. What was the thinking behind that?
The Attorney has already, moments ago, mentioned the role of subsequent purchasers of a property, and that may be part of it. But there does seem to be a very deliberate differentiation between the role that the land title office plays and the role that this registry will play with respect to money judgments.
Hon. N. Sharma: This is a continuation of the law under the PPSA, section 47. That’s in contrast, just as the law has functioned for a long time, with the land titles office and registration. The reason for that is because the registry for land titles is much more discerning and defined and deals with a particular type of property; whereas, what we will expand upon and are contemplating under this registry and the existing registry is that personal property is varied. It can cover many, many different things.
We’re not of the view that it’s reasonable to expect any one person to be aware of the existence of the contents of a registered money judgment in the money judgments registry just because the reason for it is that it’s been registered.
Clauses 16 and 17 approved.
On clause 18.
M. de Jong: My interest in clause 18 relates to sub-sub 18(2)(b). I guess the short question is…. That clause, sub-sub 18(2)(b), suggests to me that a registered money judgment can be transferred. Is it possible for me, as a judgment creditor with a registered judgment at the money judgment registry, to sell my registered judgment?
Hon. N. Sharma: Yes.
M. de Jong: The ability of the person to whom I have sold that interest, my interest in the money judgment, to pursue collection remedies then becomes dependent upon them registering that transfer and amending the registration. Is that correct?
Hon. N. Sharma: Yes.
M. de Jong: And sub 18(5) relates to a judgment becoming unenforceable. It differentiates between unenforceable and temporary unenforceability.
The question I had: to whom, if anyone, does liability apply if the enforcement proceedings are carried out on the basis of a money judgment that has become unenforceable, but the judgment creditor hasn’t submitted a change statement?
I’m thinking of the negative consequences that might befall a debtor and whether they then acquire some right to compensation, and if so, against who.
Hon. N. Sharma: That particular scenario was covered way further down in the act, which I think we’ll get to in sections 206 and 207, where a failure to comply to something like the member pointed out is actionable by the debtor.
Clauses 18 to 20 inclusive approved.
On clause 21.
M. de Jong: Dealing here with the effects of amending the registration, sub 21(2) speaks to the amendment is effective…. A “money judgment in the money judgment registry is effective from the date and time assigned by the registrar to the change statement.”
Does that have the ancillary effect, potentially, if there were multiple money judgments registered against a judgment debtor, of changing priority? Does a judgment creditor who either wants or, perhaps, is obliged to register an amendment…? If I’m reading that…. I might not be reading it correctly, but wouldn’t the concern there be that, suddenly, if my effective date is changing, I’m losing priority in terms of other judgment creditors?
Hon. N. Sharma: No, that wouldn’t impact the priority of the initial money judgment that was registered.
M. de Jong: I guess my question is: why is that so?
I’m just going to take a moment to reread the clause: “An amendment to a registration of a money judgment in the money judgment registry is effective from the date and time assigned by the registrar to the change statement.”
I think I understand it. It is the amendment that is…. The original money judgment has not lost its priority. I think the Attorney is going to say that is correct.
Hon. N. Sharma: Yeah, that’s correct.
Clause 21 approved.
On clause 22.
M. de Jong: I just want to take a moment here because this is one of those sections that refers to a variety of things, but it’s a particular thing that engages my interest. It’s the reference to the lapsing of a money judgment because of a failure to renew.
I think what I wanted to explore with the Attorney is: what are the requirements going to be around renewal? This is all being presented, as we’ve talked about, as get your judgment, register it, and away we go. Get your money. But it would seem that that’s not quite the case.
So how often…? I’m a judgment creditor. I’ve gone through the lengthy court process. I’ve got my judgment. The court has agreed this person owes me $7,000. I’ve got my judgment. I go down, I figure out the registration process. How often do I have to renew? And what are the fees associated with renewal?
Hon. N. Sharma: This would be set up by regulation. We’re contemplating it being a yearly renewal with some options of longer. The purpose behind it being a process of renewal is to make sure that the judgment creditor understands the importance of making sure that their money judgment in the money judgment registry remains current and up to date so that the registry remains relevant and useful.
M. de Jong: Right. Well, it’s a balancing act, to be sure. But to get a judgment from the courts in this province, particularly a superior court judgment, takes years. I say that as a matter of fact, not to be argumentative. I think the Attorney understands that.
This legislation was presented, as we’ve said before, a simplification, a means of…. I think there was language at the time of a single enforcement instruction. The body of evidence that runs a little contrary to that is beginning to build, particularly if I hear, in response to my next question, that renewal comes with a fee.
I’m hoping that the Attorney, having indicated that a judgment creditor now has to renew each year, is going to say that there is not going to be a fee attached to that renewal exercise. So I will listen with interest for what I hope will be that assurance.
Hon. N. Sharma: Actually, thanks for the further question. It gives me an opportunity to really dive deeper into this. But I want to start by saying that nothing that we are engaging in right now in the dialogue is in the act or contemplated right now. It all will be by regulation, and the principles that we will be guided upon when drafting that regulation will be about fairness, will be about ease, will be about making sure that we’re not overly burdensome to the creditors. So I’ll start that up.
We are talking about examples that we may be able to use to contemplate how this regime will work under the existing personal property registry. There is an ability to register for multi-year, depending on that nominal fee, and there’s an ability to contemplate an indefinite registration, depending on the nominal fee that gets you there.
So we’re a little bit talking right now in absence of the details of it. But I can tell, I guess, people listening and yourself, the member, the principles that we will be relying upon and some of the guidance we will take when developing that regulation.
M. de Jong: Thanks to the Attorney. It’s all helpful, and for the very reason she has alluded to, it’s not in the act. In deciding whether or not to support the act, the committee and the House…. This is the only chance we get to pose those questions about what is being contemplated.
So here’s what I think I heard. The Attorney, at this point at least, subject to finalizing the applicable regulations, is contemplating a yearly registration for which there would be a fee and the possibility of a multi-year registration for which there would, potentially, be a different fee. I think she used the word an “indefinite” registration, for which there could be a third fee. I assume the longer the registration period, the greater the fee would be. Is that a fair assumption?
Hon. N. Sharma: It is a fair assumption made by the member in terms of it being a higher fee with respect to indefinite or multiple-year registration. But I will stress that based on what we’re looking at and other models, it is a nominal fee by any standard.
The idea is to keep it at an amount that is based on cost but is not prohibitive. The benefit of not having it in legislation and putting it into regulation is that it gives us that flexibility to adapt it over time.
M. de Jong: I think one of the responsibilities of the opposition is to poke and prod and test the relevant minister for what their definition of “nominal” or “modest” is. That’s one of the responsibilities that we have.
Before we move on and this comes up, I might as well ask it now. I was interested to hear that with respect to the registry and the registrar, the Attorney indicated there wasn’t an expectation of having to hire any additional FTEs, no major capital outlay for IT, technology and programming. So what’s the fee for, if it’s not going to cost anything?
Hon. N. Sharma: I’ll start with saying again we haven’t set the fees. But as in the discussion we had previously, we contemplate using similar fee structures that are existing, like the $5 for registration I mentioned earlier. We’re not contemplating increasing fees or changing, and of course, those fees are partially a cost recovery for the service that’s provided but meant to be nominal.
Although I mentioned earlier we don’t have to purchase new software, we expect that there will be some costs associated with modifying existing software related to that. The flexibility of the cost structure through regulation allows us to basically change the costs over time, if once we review the fee structure, to make sure that we’re having that adjust to our costs over time.
Clause 22 approved.
On clause 23.
M. de Jong: Again, we’ve partially had a conversation revolving around the role of the registrar. Here again in this section, it suggests to me, at least, that as it relates to removing a registration and an amendment to a registration or a discharge of a registration of a money judgment that was not made, and the words used are “in compliance with the Act,” not only does an authority exist for the registrar to review these registrations but perhaps even an obligation to do so.
So it suggests to me a somewhat more active role than perhaps just being the recipient of information or overseeing an electronic database that others are accessing and registering material on.
What would prompt the registrar to…? The section doesn’t suggest this is at any kind of an application process. It suggests that the registrar has this authority, upon review of registrations, to remove them in certain circumstances.
Does the Attorney believe that the registrar will be monitoring and reviewing each registration of a money judgment for appropriateness and for compliance with the act?
Hon. N. Sharma: As we were discussing before, the registrar won’t have a gatekeeping role per se. Registration of a money judgment, according to the procedures, would get registered. But if it comes to their attention that that money judgment that was registered is fraudulent or problematic in some way, it gives them the power to remove them.
I’m told this did occur in the past, where — under the PPSA, as an example — there were fake liens put against elected officials that were not proper money judgments. So this kind of gives the powers, in that scenario, for them to remove it, but they won’t be actively monitoring or inspecting everyone.
Clause 23 approved.
On clause 24.
M. de Jong: All right. Another chance to talk about the fees generally. What we’re talking about here is the prerequisite to registration, and I’m making that point because, when we get to enforcement, there’s a whole different scenario and a whole different set of considerations.
We’re talking here about registration. It says here that that can only happen after “the applicable prescribed fee has been paid” or, the other alternative, “arrangements satisfactory to the registrar have been made for the payment of any applicable prescribed fee.” That second, sub (b), interests me because its presence suggests that perhaps my notion of what is nominal might be different than the Attorney’s. I don’t think you’re going to have to make arrangements for a $5 fee.
I’m curious to know to what extent what’s being contemplated here at registration is an assessment that might be already taking into account the magnitude of the judgment or the anticipated challenges associated with enforcement of that judgment, because….
The fact that there is statutory recognition for some longer-term arrangement or some separate arrangement than just paying the fee tells me this may be a little more complicated and a little more complex and, quite frankly, a little more expensive than we’re being led to believe at this point.
I’ll leave it at that, and I’ll have another question about that in a moment.
Hon. N. Sharma: Actually, I would say the opposite is true. The way these are structured is to give flexibility to the registrar to contemplate fairness in fees in various scenarios, and subsection (b) precisely does that. For example, there might be examples where there are multiple judgments that need to be registered.
So even with a nominal fee, it provides an ability for the registrar to take into account the particular situation of that person and adjust accordingly.
M. de Jong: Is the registrar empowered, and is the Attorney prepared, to endorse the equivalent of a contingency fee arrangement?
That is: this is a money judgment enforcement registry with enforcement powers. In the private sector, we see agencies who say: “You don’t pay us until we collect for you.” Is that kind of an arrangement one that the Attorney is prepared to include in the regulations or to otherwise authorize?
Hon. N. Sharma: Thanks for the question. The way that is drafted is broad. So nothing prevents the registrar from contemplating the scenario the member suggests, in terms of an arrangement with….
We feel like it’ll more likely be used in scenarios where there are multiple judgments that need to be registered, so there’s a need to figure out a payment structure or an arrangement for filing that fee with the creditor.
M. de Jong: I’ll ask the second half of the question. The first part of the answer was very helpful: nothing that precludes a contingency agreement. Is the Attorney prepared, as part of this discussion, to indicate her support, in appropriate circumstances, for the registrar to enter into a contingency fee agreement with a judgment creditor?
Hon. N. Sharma: I’m going to say again that it’s not something that was contemplated under the structure of these powers or this agreement. Nothing prevents it, as I said.
I think the key thing is that we need to ensure that the fee is nominal enough to not be a barrier. There may be arrangements that are satisfactory to the registrar and that are contemplated on a case-by-case basis. That will be something that we will learn as this unfolds.
Clauses 24 and 25 approved.
On clause 26.
M. de Jong: Clause 26 sets out, again, a collection of a fee as it relates to actually searching the registry.
My question here: with a digital registry of this sort, can’t people just search for themselves?
Hon. N. Sharma: As the member knows, this gives the registrar the power to prescribe a fee with relation to that. As mentioned before, we’re contemplating what that looks like and if we will do that by regulation.
Again, the principles that we will look at, and have looked at with these types of fees, is to make sure that they’re accessible and nominal in nature but have an element of cost recovery. Right now, the personal property registry, for example, is set at $7.
What we would contemplate under this, if there were a prescribed fee, is not to change the amounts much but, under the action of this legislation, provide a broader service to the public. It actually is, I think, beneficial to be able to search a broader range.
M. de Jong: No one has ever accused me of being on the leading edge of the latest technology. I appreciate what the Attorney said, but I think, with the greatest respect, she did kind of sidestep my question a little bit.
In this day and age, with an online digital registry of this sort, it is entirely possible, as far as I know, for people to have access to that registry and do their own work, whilst I understand that for those of us who may require the assistance of the registry to conduct a search, a modest fee would be applicable. With the way this is worded, I don’t think there’s the option of providing access. Apparently, access to the registry for search purposes must take place in accordance with these provisions.
That means I have to pay someone, because that’s what the act says. Surely at this point in time, with a tool of this sort, we would be prepared to consider the possibility that people will just have access to it, especially when we consider — we’ve just had a conversation about having to renew, having to keep it up to date — that every time, people have got to go back and pay another fee to the registrar to conduct a search.
Well, we have to move on. I don’t want to want a big soapbox thing, but I think that surely, at this point in time with the advent of technology and people’s familiarity with it, just giving them access to the registry to check these things…. But this creates the monopoly. It says if you’re going to have access to it, you’ve got to pay a fee.
I’ll let the Attorney respond, and then I have one other question about the section.
Hon. N. Sharma: I appreciate the member’s admission about the technology. Certainly, technology and our ability to access it change over time. Government is always adapting to the way people want or need or can rely on government databases. I think the premise for subsection (1) is that I wouldn’t share that perspective. I think there are many examples where the government doesn’t choose to prescribe a fee for certain aspects of searches.
I think that that is a possibility in the future — right? — when we contemplate the regulation where you could have certain access that doesn’t have a prescribed fee attached to it. There may be scenarios where there is a fee attached to it. I think that’s something where this gives you the power to be flexible.
M. de Jong: I think, aside from the fee discussion, my inquiry related to the fact that perhaps we need to recognize that it is possible, in many cases, with the proper deployment of technology, for people to have direct access without an intervening office of government. In that case, if that is so, then we should allow that to happen. In all fairness, I don’t think the section contemplates that at all.
A second thing about the section, though, that I wanted to ask about — in the sub (2), it imposes on the…. Here again it’s pretty clear that there is a role here. The registrar is going to issue the certified copy of the results. In some cases, that might be entirely necessary and appropriate; I’m not sure it will be a requirement in all cases.
The part about this that interested me is the absence of a turnaround time. I know that by government’s long-standing tradition, they hate to impose deadlines on themselves, but elsewhere in this act and in the discussion around it, timeliness is important.
We’re going to get to the end of this eventually. There are five pages of regulatory authority, and there’s not even a regulatory authority related to that, imposing some kind of an obligation on time.
I’m not sure what it is. I’m not sure if it’s 24 hours; I’m not sure if it’s 72 hours. But in a registry like this, sending the signal to those who are responsible that the government attaches importance to the timeliness of service strikes me as being a worthwhile endeavour, and it’s not here. I think that, for the second reason I mentioned, the section is lacking in that regard.
Hon. N. Sharma: I’m happy to report, and the member may know this, that because of technology, our service standards in this regard are very quick. We won’t be contemplating a change in the software that’s currently existing with the registry that exists right now in searches. I’m told that in multiple government registries, once it’s searched, it’s a matter of minutes before it’s in the hands of the person that searched it.
M. de Jong: But as we’ve also discussed, in this case, there is the role for the registrar, the issuance of a certified copy. All of these are things that, operating at peak efficiency, aren’t a problem. In different circumstances, we don’t know how many existing judgments are going to be registered and what that’s going to do in terms of the turnaround time.
The best of intentions, I’m sure. But imposing either a statutory- or regulatory-based requirement, a turnaround time requirement, in a case like this is I think worthwhile. I’ll leave it at that.
I’ll register my concern here in a moment through the voting process.
Clause 26 approved on division.
Clause 27 approved.
On clause 28.
M. de Jong: I’ll try to capture the essence of what my line of inquiry is here — and I suppose, my concern. If I have a money judgment today, I can go to the land title office, and I can register it. At some point, maybe the Attorney can remind me what the fee is for that just so we have some sense of the order of magnitude.
Ironically, in this case, if I’m reading the act correctly, that process now gets a little more complicated, not a little easier. Now in order to register at the land title office, I first have to register with the money judgment registry. Have I got that right?
Hon. N. Sharma: I guess, at the start of it, I would say that in order to unlock the full potential of this regime that we will put in place, it’s important that the money judgment registry have the broadest ability to have every type of money judgment under it.
So yes, to the member’s question, this is an extra step, but we think it’s a valid and important one in terms of our ability to not only see how it’s working but to understand how it’s working against everything, including land.
It also, potentially, is a benefit to the creditor in the sense that there’s likely to be more than just land at play when it comes to the collection, and that lets them also take advantage of all the other provisions that are existing within here.
You asked about the fee, and we looked into that, the Land Title Act. I think the fee is $78.17.
M. de Jong: I thank the Attorney. That answer, though, has more to do about what government wants and what government….
I’m a creditor, a judgment creditor, and I have a judgment, but I know my judgment debtor has got land that’s exigible. I am quite content to register my judgment, because I know that at some point in the next couple of years, that judgment debtor is going to need a mortgage or is going to want to sell, and that’s all I want to do.
It’s one stop. It is actually one stop. Now the government has come along and said, “Well, no. Actually, our notion of simplifying is to add another step,” because you can’t actually do what you’re doing today after this passes. It can be….
Let’s not kid ourselves. I mean, we’ve talked about some of the documents. Depending on the nature of the judgment, you’ve got to file a report and a request, and you’ve got to pay a fee. We’ll see how nominal it is.
I mean, it’s fine for us to say: “Well, the government likes it because we like to collect stats and we want to know what’s going on.” The act was presented as assisting judgment creditors. This has the opposite effect.
This says to a judgment creditor, who could today take that judgment, go to the land title office and register it: “You can’t do that anymore.” I don’t know that there’s any reason for it. I don’t know that there’s any legitimate reason to complicate something, especially within the context of a piece of legislation that was supposed to simplify it.
It’s more of a statement than a question to the minister, but I read that, and I thought it seemed purposeful, as opposed to inadvertent. But if it was inadvertent, I think it’s a mistake, because it is complicating something that didn’t need to be further complicated.
Hon. N. Sharma: I guess I will disagree with the premise that it’s just for government’s sake that we would add this step. The purpose of government is to work on behalf of people, and our ability to have money judgments, collect the data and understand how it’s showing up and working for all people in this province is an important aspect of that, is an important driver of future policy and is of benefit to people of this province. I’ll start by saying that.
It’s the same that was recommended as the Uniform Law Conference of Canada. I think I’ve said, and I will say again, that the whole drive of this regime is to make it easy, faster and less burdensome for people to collect. That includes the filing and registration of money judgments in this registry.
Clauses 28 to 30 inclusive approved.
On clause 31.
M. de Jong: What interested me here and what I wanted to canvass briefly with the Attorney…. Again, I presume this is purposeful.
An owner of land believes that there’s an erroneous registration of money judgment. Then the owner of that land may demand in writing that the judgment creditor who registered the judgment in the land title office take all measures necessary to remove it.
The judgment creditor receives that demand — this is sub 31(2) — and has to remove the registration, “unless the judgment creditor does not agree…in which case the judgment creditor may apply to the Supreme Court for an order….”
Any concern on the part of the Attorney? It strikes me that, again, in a situation where you may have a more sophisticated debtor than a judgment creditor, it’s not a bad way to eliminate a registration against the land, because many judgment creditors wouldn’t be in a position to go to the Supreme Court.
The decision here has been to shift the onus to the creditor to defend the step they have taken under the act, and the only way they can do that is by going to the Supreme Court, which we all know is a horrifically expensive process.
The Attorney could say: “Well, it’s equally true if a debtor, an unsophisticated judgment debtor, was put to the onus.” But it struck me that there must be a middle ground here somewhere that didn’t shift the onus completely to the judgment creditor to now do…. Again, it’s the opposite of streamlining the process. They’ve now got to go to the Superior Court in British Columbia and prove the appropriateness of their registration.
Is that something that’s concerning to the Attorney — that that onus is shifting now entirely to the judgment creditor, to take that extraordinary and expensive step of going to the Supreme Court?
Hon. N. Sharma: I thank the member for raising the question and asking about my thoughts on this section.
The way that it’s structured, when you go from (1) to (4) and to (3), it’s not an automatic removal of the registration. Let’s say, in the situation provided by the member of the judgment creditor, that there’s a power imbalance and that the landowner is making these claims or issuing that notice. It’s not automatically, after those 15 days after receiving the demand, that the registration is removed or no actions taken. The owner has to apply to a court in order to have the registration removed.
So what happens in that scenario is…. You think of all of the tools of a court to ensure fairness in the process and to be the arbitrator of the facts brought forward by the owner about that registration, or the ability to issue costs if there’s something at play there that’s not right and ensure that the judgment creditor has the types of notice that would be appropriate.
Clause 31 approved.
On clause 32.
M. de Jong: Sub 32 (1) suggests to me that what’s contemplated here is the possibility, at least, of an award of damages against a judgment creditor who has registered against property improperly. The language that’s used in here talks about the owner of that land sustaining damage or incurred costs or expenses.
Am I correct? I’ve tried to think of a scenario. I’m the owner of land. A judgment creditor comes along, registers against that land. In an age, a time of rising interest rates, it takes me three to six months to get that straightened away. It’s determined that there never should have been a registration against my land, but now interest rates aren’t 6 percent. Now they’re 7 percent, and I’m paying more.
Is that the kind of damages that are contemplated being compensated here?
Hon. N. Sharma: Yes.
Clauses 32 and 33 approved.
On clause 34.
M. de Jong: Along the same lines, when I got to 34 and saw the provisions of subs 34 (4) and (5), it occurred to me that in this case, there is actually a time frame imposed on people, not government or the land title office. I was trying to be fair, but I….
This could take some months. The land could be tied up for a period of time. That can be really debilitating for the owner of the property where someone incorrectly, falsely or fraudulently registers a judgment, an instrument against that property.
Again the question I feel obliged to ask is whether the Attorney has any concerns about the length of time it would take and the damage that would accrue to an innocent property owner in circumstances where someone incorrectly or improperly registered against their land, maybe their home for that matter, under these provisions.
Hon. N. Sharma: This section is quite apart from the section we were talking about previously where there was a wrongful registration. This is to do with discharge in the sense of the payment being fulfilled.
Clauses 34 to 41 inclusive approved.
On clause 42.
M. de Jong: Here we are dealing with, really, aside from the registrar, I suppose, but perhaps even more important than the registrar, the folks that are going to determine the success or failure of this endeavour, and those are the civil enforcement officers.
When I was reading through the legislation and coming to better understand the order of magnitude…. We got some more information today about the numbers of judgments, so we can add into that a percentage of the existing judgments that likely will be registered.
The question needs asking: How many civil enforcement officers are we going to have? Where will they come from? How many new hires is the Attorney contemplating to breathe life into this money judgment enforcement regime?
Hon. N. Sharma: Right now, there are about 50 court bailiffs that would transition, we suspect, into this. We don’t expect at this stage, although we will watch to make sure the proper implementation of what we’re setting out here, that we would need further FTEs. But certainly there will be a retraining and getting acquainted with the new piece of legislation.
M. de Jong: Let me test that. What I accept is the calculus that has gone on. If the underlying logic with this whole package is that for judgment creditors today, it is very difficult, it is very challenging, and this is going to make it easier…. I hope that’s the case. I’ve tried to point out some areas where I think that objective may be frustrated.
Then wouldn’t it follow that…? First of all, the duties that today’s bailiffs, tomorrow’s civil enforcement officers, are going to assume strikes me as pretty significant. But if the objective is to make it easier and that objective is met, aren’t we going to have more judgment creditors taking advantage of this regime? Isn’t the work going to be…? By definition, for it to be better for the judgment creditors, the civil enforcement officers are going to be doing more of the work.
Hon. N. Sharma: Thanks for the question. Obviously, all the time…. When this happens, when we embark on a new program or service, it’s not a perfect science when it comes to estimating costs. But I take the point of us having to watch whether or not there are more money judgment enforcements and judgments that come through the efficiencies in the regime.
Also, what we are going to be introducing is better process and efficiencies that will help with the time it takes for the enforcement officers to do the job. So we think, right now, that the 50 existing ones will do the job, but obviously, we will monitor that. There’s a contract of service that goes out — currently with the court bailiffs and will be with the enforcement officers — that will set those kinds of service delivery expectations.
M. de Jong: I’ll keep it short. It doesn’t sound like there is, at this point, built into the implementation strategy an additional budgetary allocation to hire additional personnel. If the minister can confirm that.
If that is so, I will say this, and the minister can respond or not. I think the objectives of the act will be frustrated, given the nature of the duties and the expanded duties that are being created.
The question part of what I just said is for the minister to confirm whether or not there is an expanded budget request that has been made or will be made to address the costs associated with the civil enforcement officers.
Hon. N. Sharma: As mentioned before, I believe that we think 50 is what’s there. But actually, the flexibility of having a contracted service provider gives us the opportunity to set contract service levels and ensure that they’re meeting those levels through the work. We will actively monitor that and see what resources are needed to pull it off.
With that, I move the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:16 p.m.