Fourth Session, 42nd Parliament (2023)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Tuesday, October 24, 2023
Afternoon Sitting
Issue No. 346
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
TUESDAY, OCTOBER 24, 2023
The House met at 1:33 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. R. Kahlon: In this chamber, I call continued second reading debate on Bill 34, Restricting Public Consumption of Illegal Substances Act.
In the Douglas Fir Committee Room, I call continued Committee of the Whole debate on Bill 31, Emergency and Disaster Management Act.
[J. Tegart in the chair.]
Second Reading of Bills
BILL 34 — RESTRICTING PUBLIC
CONSUMPTION OF
ILLEGAL SUBSTANCES ACT
(continued)
M. Bernier: Welcome back, everybody, after lunch.
Before lunch I was speaking to Bill 34, and I’m pleased to stand and take my place to continue the debates on this bill. Before lunch we were talking about the messaging as a whole from government and from this place and what we have to do around educating the public around drug use.
Now, this bill that we have in front of us, Bill 34, is restricting public consumption of illegal substances. First of all, let me say it’s an unfortunate situation we’re put in where the government is now having to, I will respectfully say, back-pedal on their failed experiment of decriminalization in the province of British Columbia of illicit drugs.
The reason why I say that is we’ve heard that since 2016 we’ve had almost 11,000 people die in the province of British Columbia from drug overdose. This government’s response to that has been to decriminalize drugs and give the message that drugs are safe.
One of the things that I’ve been very adamant about is reminding people that drugs are not safe. There is no such thing as a safe amount of drugs. There’s no such thing as safe drugs in general. The fact that we’re educating our kids that it’s okay to take drugs as long as you take a safe amount is absolutely wrong, and we need to do better.
When we look at the bill in front of us right now…. One of the reasons why I’m struggling with this bill, Restricting Public Consumption of Illegal Substances Act…. Now, government has been receiving a lot of pressure, a lot of calls and a lot of comments from the B.C. United official opposition here about making sure that we do better. Kids should not be in playgrounds and being exposed to drug paraphernalia, drugs themselves. People who are struggling are doing open drug use around playgrounds, close to schools, water parks, skate parks, places that are a refuge and an escape, in a lot of ways, that should be safe for our kids.
We have seen over this failed experiment a government who’s saying it’s okay that that proliferation of drug use has spread through our communities into places where families, parents, children, used to think were their safe places, and they’ve lost that. So after all this time, government has felt the pressure. But rather than doing what I would say is the right thing, on making sure we just don’t have open drug use, they say it’s still okay to use illegal drugs as long as you’re now a few metres away from a daycare or a school or a playground.
By this government’s own omission, they’re confusing the public even with the wording within this bill. I look at section 3 of the bill. In lots of places in this bill, it’s talking about the use of illegal substances and illegal drugs. So the government is even acknowledging that what people are doing is illegal by their own wording in this bill. Now, they try to say that we’re decriminalizing and trying to wordsmith around what’s happening, but make no mistake. What people are doing is illegal, and families and children deserve better.
Everywhere I look in this bill, it talks about how a person must not consume an illegal substance within 15 metres of…. It mentions a bunch of the places that I just mentioned. So there are hardly any tools here. We’re waiting to see what those tools are for RCMP or bylaw, for communities to be able to deal with this issue. But really, when you look at the wording in this bill…. I hate to tell anybody watching that what it really is talking about is…. The government is saying, “Please don’t do it,” with hardly any ammunition behind it. But if somebody is now in a park around children, using drugs or open drug paraphernalia, what the government’s saying basically is, “Please just move 15 metres away,” and it’s still okay to do illegal drugs.
Now, let me bring it, though, to one of the challenges. In British Columbia, we are struggling with not just an opioid crisis but with a drug crisis, with people who are struggling with addictions, people who are struggling with mental health. What we’ve been calling for and asking for is supports. Telling somebody to move 15 metres away from a school is not helping that person get better. Telling a person to move to the corner is not getting them treatment. That’s what we’re asking for.
We all have, I would argue, in this House, lived experience on this issue, whether it’s a sibling, a child, a friend. We all probably have conversations and understanding of people who are struggling. This is not a partisan issue. This is not a political issue in the sense that one party understands and one doesn’t, on people struggling. I think we all understand, in here, that people are struggling. Where the debate is happening is on what we are doing about it. That should be fundamental to the conversation. If people are struggling, how do we get them help? We’re not seeing that, and that’s what we’re asking for.
Somebody in Dawson Creek, where I live, comes to me and says: “I am struggling; I want help.” When I make a phone call from my office and find out that it’s seven weeks before I can get them into a detox bed, in every circumstance that I know of, within 48 hours, that person is back on the street using drugs. In that moment of clarity when they’ve asked for help, that help wasn’t there. That’s where we’re failing people.
To put a bill in front of us that says that it’s still okay to do drugs, that drugs are safe, provided you don’t overdose — that’s an interesting message that we’re sending. As I mentioned before the break, when we had children in the House, in the old days, we used to say drugs of all kinds were bad: “Don’t do drugs. Just say no.” As my colleague from Kootenay East said, that’s what we used to tell people. That’s how we used to educate people. That’s not the message we’re giving anymore.
That’s a fundamental failure, I think, of our duties as legislators, as lawmakers, where we should be speaking up, protecting, putting in policies, putting in resources to help people who are vulnerable and who are struggling. Yes, this is a tough topic to have. As I mentioned, I think we all have lived experience, and it can get emotional.
At the end of the day, I think it’s time for government to acknowledge that their experiment around decriminalization, because it did not have the guardrails in that they should have had, is truly a failed experiment. Rather than putting a bill forward saying, “Let’s just modify our experiment a little bit,” maybe they need to go back to the drawing board and rethink their approach on this. What we’ve been calling for: we need supports.
Now, I’ll give you some local examples that are coming to my office and that are problematic. They’re why I feel this bill is actually not going to do anything substantial to actually curb the issue that we’re seeing in our communities.
Again, I’ll take it home to Dawson Creek, where I live — a small community, 13,000 people. I have never seen it as bad as I have seen it over the last year, and it’s getting worse, with people on the streets — people with no supports, people with no hope — and the open drug use, the vandalism, the crime, the fear that people have in going to work in the morning. They’ve got people loitering in the vestibule of their business whom they have to step over, people who are passed out, struggling with addiction issues.
Every single one of these people I talk to has compassion. Every single one of these people that has come to my office with the complaints has always said: “Look, I feel bad for these people that are struggling, but I feel even worse that government is not stepping up and providing any hope or support for them.” It’s leaving everybody stranded on what to do.
Right across the street from an arts centre that we built in downtown Dawson Creek — it’s called the Calvin Kruk Centre for the Arts, the Kiwanis Performing Arts Centre — this government thought it would be a smart idea to build a modular complex right across the street from the youth arts centre — which, by the way, also houses our largest daycare in the community.
The only thing separating, basically, this new place, called My Home Place, and the playground, daycare and the arts centre is a sidewalk and a yellow line down the middle of the road. That’s it.
The amount of people who are struggling now and pulling their kids out of daycare because when they’re showing up in the mornings, they’re having to walk past people who are struggling…. These same people are breaking into the arts centre, coming in. Maybe, in their own struggles, they’re looking for warmth, they’re looking for a washroom or maybe looking for something to eat.
That’s all fair. I get that. I have compassion around that issue as well. But if they have to do it openly, in an arts centre — around children and families who are now having to pull their kids out of dance class, who have now had to quit their jobs or pull their kids out of daycare because it’s no longer safe — and then the government says, “Don’t worry; we’re going to make you safe by having those people move five metres away from you,” that does not deal with the root cause or issue.
It’s right across the street, again, from this arts centre, so it’s probably six metres away, I’ll use. I guess the government could say that they’re far enough away with this bill.
I regret to say that in the last year and a bit, in this modular housing complex that this government thought was a good idea to house and protect people in, we’ve had eight fatalities already in that complex in Dawson Creek. Unfortunately, nobody really wants to talk about that, and maybe we should, because those eight people were somebody’s husband, father, mother, son.
Rather than supporting these people with actual, concrete, detox centres, supportive housing that has wraparound services, it’s: “No, we’re just going to house people in a modular. When they die, we’re not going to talk about it, as sad as this is, and we’ll just put somebody else in that room.”
I’m not trying to sound insensitive or crass on this issue, but I think it’s important to highlight what’s going on in our communities. Right or wrong, a lot of people used to say that this was a big-city issue. Well, it’s not. This is a provincial issue, and it’s happening in every corner of our province, in every community, large and small. The one theme that’s common through all of them is that people are saying that there is no support or help for these people. That is where we’re failing them.
When this government put in My Home Place in Dawson Creek, it was sold on the fact that this was going to be a transition housing unit. It was sold as these might be people who were struggling because, maybe, they had been in an abusive situation and were looking for a transition until they could find permanent housing. Maybe it would be somebody who had lost their job and was looking for that transition till they could get back up on their feet.
What has happened is this housing complex is now full of people who are struggling with addictions issues. Fair enough. If the government had told us, “This is what we’re building to house people who are struggling with addictions issues, and by the way, we’re going to put in services and supports to help them,” then maybe the community would have said: “Okay, this is a good idea.” To house people in modulars and have no supports is a failure, not just to the people in those rooms but to the community as a whole. This government should be doing better.
When I go by there when I’m home for the day…. Now unfortunately, it’s going to be harder for these people, because winter is here, and it was minus 15 last night in my community, with six inches of snow. So you’re probably not going to see, hopefully, too many people out on the streets.
Hoping for winter should not be a hope to clean up our streets. That is not a solution. A solution should be making sure we have regional supports, regional detox centres, wraparound services when government is going to be putting these modulars or these accommodations in our communities.
Again, I think this government just has to appreciate and understand that their whole idea around saying that we’re going to take away the stigma by decriminalizing drugs has not worked. In fact, in many cases, I believe, it has made it worse. Now you’re having people, in a very open way, polarizing this issue. This is, unfortunately, also politicizing it, which is not the way it should be.
I’m hearing from people in my community, again, that I never thought I would hear from on issues like this because I never thought it would happen. And what are we doing about it? Nothing.
Please understand. When somebody in northeast British Columbia is told, “You have to wait seven weeks. Oh, by the way, you have to find your own transportation,” it could be 1,300 kilometres away. Think about this. Somebody who is struggling, day by day, with no economic means, is told: “Wait seven weeks, and find a ride, possibly 1,200 kilometres away, for supports. We hope you stay clean for seven weeks before we put you in detox.”
Think about that one. If somebody is staying clean for seven weeks before you put them in detox, they’ve actually helped themselves. That, in a perfect world, would be amazing, but that’s not reality on the ground.
I’ve seen firsthand the devastation when…. People have come to me and wanted supports, and then three days later I’m being told that they had to have a naloxone kit put to them because they overdosed again.
Government has to realize what their role is. It’s not about just putting a bill forward and saying: “Move along. Move along.” That’s almost counterintuitive to their whole process and the point of destigmatizing this issue. Now they put a bill forward to say: “We’re stigmatizing you because you can’t be there anymore.” So which is it?
I’m also a little perplexed as I go back to the wording in this piece of legislation. The confusion on our streets and in our communities around the province is around the definition, I guess I’ll say, between illegal use or decriminalization.
There are smarter people in this House than I who have experience in the criminal justice system and who can speak very profoundly on this issue — like I say, better than I. But I can tell you the majority of people will look at that and say: “Well, isn’t decriminalization legalizing?”
The NDP will say: “No, it’s two different things.” Then, in their own wording in the bill, they talk about illegal use everywhere through this piece of legislation. They’re saying: “What you’re doing is illegal, but we’ll make it legal within five metres.” Or: “It’s legal if the police don’t see you.”
This government seems to want to pick and choose when it’s okay to follow the law. It’s okay to run a stop sign as long as the police aren’t there to see you, I guess. That’s kind of the same approach as we’re having here. It’s okay to use illegal drugs provided you’re a few feet away from some children, and nobody is watching you.
I don’t want to appear like I’m trying to be insensitive to people who are struggling. We should be giving people that support and giving them that hope. You would think, after this failed experiment, the government would have acknowledged that and not come forward with a piece of legislation that really does absolutely nothing, in the scheme of things, to help those people. It appears to, maybe, pander a little bit to people who feel like they’re upset that it’s happening close to them. But make no mistake. It’s really not going to change much, unfortunately.
Now the onus is still going to be on the daycare, the arts centre. To do what? Phone the police every time somebody is within five metres. Do we really think that’s what the police are going to be doing — driving around every time they get a phone call that says, “Somebody is three metres away from my business, and it’s supposed to be five”?
We can shake our heads on this one all we want. It’s not the reality of what’s happening on the ground.
Government, I hate to say, has failed. In all due respect, I would say to my friends in the NPD that….
I know they agree with us that people should not be struggling, that people should not be hurting, that people need supports with mental health issues, with addictions issues. This isn’t a one party agrees, one party disagrees. We all agree. Well, let’s do something about it, then.
If we all agree, let’s roll up our sleeves and actually put in the resources to help these people, not use our communities as an experiment to see what’ll happen. Because we’ve seen it, and it has failed, and people are complaining, and people are scared, and people need hope.
I am very disappointed, after all of the talk on this important issue, that government’s answer was this piece of legislation that does absolutely nothing to help people.
With that, I’ll end my remarks by just saying government needs to do better. We want them to do better. We’ve come up with plans, the Better Is Possible plan that we put forward with the B.C. United caucus, which we feel will help solve some of these issues.
I implore government to look at it. Heck, take our ideas and take credit for them. I don’t care, because it’ll help people. But don’t sit on your hands and do nothing. We need to do better.
Hon. R. Kahlon: I adjourn debate on Bill 34.
R. Kahlon moved adjournment of debate.
Motion approved.
Hon. R. Kahlon: I call Committee of the Whole for Bill 35, Short-Term Rental Accommodation Act.
M. Bernier: With the, for myself, unexpected change of the order here, can I just ask for a quick recess so we can establish ourselves for the next stage?
Deputy Speaker: We’ll take a five-minute recess.
The House recessed at 1:57 p.m.
Committee of the Whole House
BILL 35 — SHORT-TERM RENTAL
ACCOMMODATIONS
ACT
The House in Committee of the Whole (Section B) on Bill 35; J. Tegart in the chair.
The committee met at 2:02 p.m.
On clause 1.
The Chair: I call the committee to order. For clarity, we are dealing with Bill 35, Short-Term Rental Accommodations Act.
A. Walker: I seek leave to make an introduction.
Leave granted.
Introductions by Members
A. Walker: Up above me is a grade 11-12 class from Dover Bay Secondary School. Their teacher, Alistair King, and Nicholas are doing a tour today. They just got to witness what recess looks like for us folks here in Victoria — a little different than back home in Nanaimo.
Would the House please make them feel very welcome.
Debate Continued
Hon. R. Kahlon: Thanks to my friend across the way for introducing a classroom from his school. That was as much fun as we have during our recess — that five minutes that you saw people shuffling their papers around.
So all of you know, we’re going into committee stage on a bill, a piece of legislation that will be brought forward on short-term rentals. We brought in a new law that says that short-term rentals must be on principal residences so we can get more housing back into the housing supply. We’re going to be going through an exchange, line by line, on the legislation and discussing it. I welcome you all here today.
I want to recognize my amazing team, if I can. I’ve got my deputy minister, Teri Collins, who is going to be celebrating 30 years in the public service today at the Long Service Awards. She started when she was eight years old here at the B.C. Legislature. She has been just amazing to work with, and I’m lucky to have her on my team.
I’ve got Bindi Sawchuk, who’s my ADM. I’ve got Jade Ashbourne and Hannah Rabinovitch, who are behind me, who are phenomenal. They have done much of the heavy lifting when it comes to making sure this legislation is as amazing as it is in front of us.
I want to thank them all, and I look forward to the exchange with my friend from across the way.
K. Kirkpatrick: I’m sure the minister was shocked that I was not going to stand up.
I want to take a moment to again thank the minister and his staff — I know his staff work very hard to prepare for these things — and speak a bit here about this legislation and our approach that we’re going to be taking to this legislation.
Although the other side of the House seems to jump to a conclusion in terms of where we are going to land on this legislation, we do want to approach this in a very balanced manner. We understand that there’s a housing crisis. We know that this province needs to do better to make sure that we have appropriate housing for people who live here and are seeking housing and that it’s affordable and available for them.
There are a number of reasons that we are in the position that we’re in right now. Much of that has to do with governments not being able to produce the amount of housing necessary. So we found ourselves in a position here where they are bringing in this legislation which will regulate, which is good. We like the regulation of short-term rentals, but we do recognize that there are some things that we would like to amend and change in order to make this legislation better and in the best interest of all British Columbians.
I would like to start by moving a motion for an amendment to the bill. This was provided to the Clerk earlier today, so everyone should have a copy of that.
[CLAUSE 1, by deleting the text shown as struck out and adding the underlined text as shown:
“short-term rental accommodation service” means
the service of accommodation in the property of a property host, in
exchange for a fee, that is provided to members of the public for a
period of time of less than 9030 consecutive
days or another prescribed period, if any, but does not include a
prescribed accommodation service;]
On the amendment.
Hon. R. Kahlon: I thank the member for sharing the amendments earlier.
I will share with the member that we do not believe we should be creating loopholes in this legislation. Right now the legislation is balanced, as the member has highlighted, which allows for short-term rentals to remain in communities throughout the province but also ensures that we get more of the complete homes. The homes that people have…. In some cases, people have bought three, four or five homes and used them, through short-term rentals, as an avenue of making revenues, while people that are in communities don’t have access to housing.
We think that’s wrong. The loophole that’s been suggested here, to go to 30 days, is a concern for us, given that if you look at jurisdictions…. For example, in Toronto, they went to 28 days. What they saw was, essentially overnight, 2,000 units go to 8,000 units in what they called executive suites. Now they’re at 12,000. It essentially shifted homes that were in short-term rentals to this new class, which essentially still does the same thing. It keeps housing away from those that need long-term housing in communities.
We see this as a loophole that we, with legislation, are trying to address. So we can’t support the suggestion the member has made, but I do appreciate her sharing that with us so we can have a discussion about it.
K. Kirkpatrick: I’d just like to speak to the amendment.
We have heard from a number of different stakeholder groups who are reliant upon using short-term vacation rentals for their employees. If we have doctors travelling British Columbia on locums, construction workers working on various projects, the 90 days is too difficult to accommodate that. These are realistic and legitimate uses of short-term vacation rental. The 90 days can pose a considerable hardship and, in some cases, a threat to various projects in British Columbia, including, again, film production and other groups that use these and rely on the ability to use short-term rentals.
We know that there are simply not enough hotel and motel rooms in British Columbia to accommodate. We feel this isn’t a loophole, because this is new legislation. We’re not trying to work around anything. We just want to make sure that the legislation is fair and appropriate as it is initially presented.
A loophole is when you’ve got legislation and you’re trying to work around it. What we’re trying to do is actually make that legislation so people don’t feel a need to have to do that and so we are measuring the rights of those people who rely on Airbnb or VRBO, or whatever the short-term rental platform is, and, also, those who rely on it not as large investors but as average folks who may be able to provide those accommodation services in various communities, particularly in communities where there simply is not enough accommodation available.
Ninety days, we feel, would be far too restrictive. If you look at those industries and sectors where people do need to use Airbnb or short-term rentals, it is very unlikely that the 90 days would accommodate that.
I shall take my seat.
T. Shypitka: Thank you for the opportunity to speak briefly to the amendment on what is reasonable.
I actually take offence with the minister classifying this as a loophole. “Loophole” is a legal term for getting around something. When we look at what this reasonable amendment does, it allows….
We have a doctor shortage. Everybody knows that. A nursing shortage. When we bring those locums in, it is generally for a couple of months, two or three months. While doctors get the rest they need, they bring a locum in.
I live right next door to a house…. I live right near our hospital in Cranbrook, and that short-term rental that’s provided by the landlord is used all the time. It’s welcome, because we don’t have the hotel space all the time in a small community. I think we still have the same amount of hotels in Cranbrook that we did 15, 20 years ago. There have been no new builds, yet the population is increasing.
Cancer treatment. I have folks that go through radiation treatment. They either go to Kelowna…. They’re out for two months, six weeks to two months. They need some affordable options other than a hotel that charges them $400 or $500 a day. Short-term rentals provide that relief. For the minister to call that a loophole is quite insulting to those people. All they are looking for is a better quality of life through radiation treatment.
We had, also, utility workers that came through our area this summer. TC Energy was there putting in a gas line, very much needed for energy needs that are growing, not only through Kootenay East but throughout the province. It’s linking other pipelines together. Those utility workers were there for two, three months. They needed that. Under this legislation, those kinds of options would not be available.
This is not a loophole, as the minister described it. This is a very reasonable amendment that will allow for folks that need cancer treatment or that do provide for our doctor shortage and our nurse shortage in the province, and for those utility workers that are building a better, stronger British Columbia with our energy needs.
I give the minister another opportunity to retract the term “loophole,” because I think it’s very insensitive to those people.
R. Merrifield: I, too, appreciate the opportunity just to speak to this amendment and to discuss Bill 35.
There are some sensible measures within this proposed legislation. What we’re trying to do is take a balanced approach, where this government continues to play housing Whac-a-Mole and is really missing the main point and the main argument that people have and the main concern that people have with short-term rentals.
Just as a reminder, the NDP government tried for four years to quell demand through taxes and fees. Now it seems like they’re going to try and do it with short-term rentals.
I have to also remind this House as to where that’s gotten us to — the highest rental prices in all of Canada and the worst housing affordability in North America. That’s not a great track record. So to continue on this demand path seems very short-sighted. I also want to point out that this government has been sitting on its hands over the course of the last seven years while short-term rentals have risen dramatically — up by about 20 percent just in the last year.
I understand that rentals are incredibly expensive right now. I also understand that within my community…. Short-term rentals have actually become a very vital support to certain aspects of our economy and to the services that we supply as a regional centre.
I want to talk briefly about some of those. One is that we were designated as a regional hospital, which everyone in the House knows. We are the largest hospital outside of the Lower Mainland and before Calgary. This actually requires people from as far north as Prince George, as far south as Osoyoos and all in between in the Interior to travel to the hospital for care.
Yes, it’s a great service, and we have a JoeAnna’s House, which is amazing. It houses 11 families, and we have 490-some beds in KGH. At any time, about half of those could be travelling from outside of the area.
Recently, on one of my Twitter accounts…. I was tweeting out just about this housing legislation, and I had two individuals actually tweet below. “I came to Kelowna for a medical use.” “I used a short-term rental for a month and a half.”
That’s not the only medical usage. I’ve got an email here. This is from a constituent. I won’t use his full name, because I haven’t sought permission. He said: “For what it’s worth, the people who rent short-term from us — over 30 days but less than 90 — are surge nurses working at KGH. They don’t stay in hotels, because they want a kitchen, living room and a normal life. Under these new rules, they will have nowhere to stay.”
Surge nurses, medical physicians as well as medical students all have 30-day and 90-day rotations. If you look at a map of short-term rentals, you’ll find that there’s a large number of them right around the hospital. Why? Because they can walk. Because we don’t have a great transit system yet. I say “yet” with the Transportation Minister sitting in the House here. We don’t have a great transportation system yet. So people are reliant on either walking or having a rental.
Here’s another one for us, though. This is something that is unique, maybe, to Kelowna, in which we have a very large university. Just over 13,000 students attend the university. We have 2,000 housing units, of which, I will say, the former government — our government, the B.C. United government — actually built the vast majority during our tenure. Not sure where those numbers come from. Over 1,500 of them were built under our tenure.
Where do all the rest of those students stay? Well, I’ve got another email from a short-term rental provider who says that they have had, over the last five years, UBCO students all fall and winter. Then, in the summer, they rent it out to vacationers for the tourism industry in Kelowna. None of this is addressed within this legislation.
We’re not against regulation. The majority of the concerns that I hear are unregulated, the ones that are the bad actors. I want to have more enforcement. I want to see the province take a greater lead in where the municipalities are struggling, which is to actually support the rules and regulations that the municipalities are putting forward.
The arbitrary 90-day limit for short-term rentals does not address the needs that we see within our communities. The government has seemingly set this benchmark without providing any solid rationale and is referring to anything less than that as a loophole. Well, if it actually works and if people are using it, that’s not a loophole. That’s a service. That’s something that people need.
News flash. Airbnbs are being used by people. Setting the bar at 90 days is problematic for industries and for those services that require that shorter-term housing for less than that period. Health care is one of them.
The other I will discuss is construction. There is no secret that our construction workers are in short supply here in the province. They travel a lot for work, and the majority of their contracts are for 90 days. To set this 90-day limitation is going to glut hotels and constrict anyone else needing to travel, because the construction industry will simply go and run them up for literally indefinite periods of time.
We’ve seen this happen. We’ve seen this happen in smaller communities, whether that’s Terrace or Smithers. Try and find a hotel room. I challenge anyone in this House. Call up and try and find a hotel room. If it were not for Airbnb’s or short-term rentals, you would not be able to have anyone up there to work. How are we going to address…?
It’s not a loophole. It’s called an amendment, for those 30-day needs, because there are a large group of people who need those short-term accommodations for a number of valid reasons.
I won’t go on into all of the details further, but I’ll conclude my comments in saying that the B.C. United caucus is committed to sensible regulations for short-term rentals. We would like to see real enforcement to be able to see the province come alongside municipalities and the regulations that they create, but to also recognize that we are so behind in the housing crisis.
We are so behind in supply. This is not going to create any more. Not a single more home or condo will be created by this legislation. It’s more Whac-a-Mole with the housing industry, rather than focusing on what we should be, which is regulation and supply.
The Chair: Shall the amendment pass?
Division has been called.
Members, we’re dealing with the amendment to clause 1 on Bill 35. For clarity, it is on the order paper through the member for West Vancouver–Capilano, striking out “90 days” and changing it to “30 consecutive days.”
Amendment negatived on the following division.
YEAS — 26 | ||
Ashton | Banman | Bernier |
Bond | Clovechok | Davies |
de Jong | Doerkson | Halford |
Kirkpatrick | Kyllo | Lee |
Letnick | Merrifield | Milobar |
Morris | Oakes | Paton |
Ross | Rustad | Shypitka |
Stewart | Stone | Sturdy |
Sturko |
| Wat |
NAYS — 56 | ||
Alexis | Anderson | Bailey |
Bains | Beare | Begg |
Brar | Chandra Herbert | Chant |
Chen | Chow | Conroy |
Coulter | Cullen | Dean |
D’Eith | Dix | Donnelly |
Dykeman | Eby | Elmore |
Farnworth | Fleming | Furstenau |
Glumac | Greene | Heyman |
Kahlon | Kang | Leonard |
Lore | Ma | Malcolmson |
Mercier | Olsen | Osborne |
Paddon | Parmar | Phillip |
Popham | Ralston | Rankin |
Rice | Robinson | Routledge |
Routley | Russell | Sharma |
Simons | Sims | A. Singh |
R. Singh | Starchuk | Walker |
Whiteside |
| Yao |
A. Walker: I seek leave to make an introduction.
Leave granted.
Introductions by Members
A. Walker: Above us is the grade 11-12 class from Dover Bay Secondary School. I was reminded by the member for Richmond-Steveston not to introduce them as the second class from Dover Bay. Mr. Brennan has a long history in this community.
Would this House please make them feel very welcome.
[S. Chandra Herbert in the chair.]
Debate Continued
The Chair: All right. Let’s resume. We are on clause 1.
K. Kirkpatrick: I just would like to remark on some of the previous comments here. We’re disappointed, obviously, that the amendment did not pass. However, it was done with great care and consideration.
We know that vacation rentals are often very short term, a few days to a week. There are very legitimate concerns in terms of 30 days. That is not your typical vacationer using that suite. It is generally for a more compelling reason than that. Using the term “loophole” to describe an amendment that gives some flexibility…. I’m going to presume, then, that the minister will not have any exemptions to this legislation moving forward.
I move the second amendment to clause 1, standing in my name on the order paper.
[CLAUSE 1, by adding the underlined text as shown:
“short-term rental accommodation service” means the service of accommodation in the property of a property host, in exchange for a fee, that is provided to members of the public for a period of time of less than 90 consecutive days or another prescribed period, if any, but does not include accommodation for travel related to medical procedures or a prescribed accommodation service;]
On the amendment.
K. Kirkpatrick: This is meant to consider those people who have medical appointments, medical needs where they have to come to Vancouver or to some other community in order to be able to receive cancer treatments or other treatments that take them out of their own community. They may not be there for 30 days — certainly, hopefully, not be there for 90 days. But the ability to afford to stay in a hotel during a very difficult time, undergoing medical treatment, can be prohibitive from a cost perspective.
It is not a welcoming surrounding for somebody undergoing medical treatment. So this is something that we think needs to be given clear and real consideration.
I’m not going to read the amendment. I see the Clerk staring at me because I’m probably rambling.
We look forward to the understanding of government to make this amendment.
T. Shypitka: To speak to the next amendment that’s been tabled, it goes into details of what I said to the first amendment. I used the example of people that have medical requirements that take longer than 30 days. That was radiation treatment primarily. A lot of people think the remote areas of British Columbia are in the North. But I would argue strongly that in the southeast corner, where we’ve had a reliability in the past of having that access to health care in Alberta, it has essentially been squashed in the last four or five years.
We don’t have that access to Lethbridge and Calgary and those other areas that provide radiation or any other type of medical services. So we do look to those areas across the province now that we’re being forced to go — Vancouver, Victoria, Kelowna — in some cases, over 1,000 kilometres, six mountain passes. In the dead of winter, it’s arguable if it’s even safe to go. I’ve had lots of examples where patients have not felt safe to travel.
But if they do make it, which I hope all of them do, there are real concerns now whether or not that type of travel is even financially available to them. They look to short-term rentals to get them through that six weeks to two months of radiation treatment that they will take in places like Kelowna.
The minister, on the last amendment, used the term “loophole.” I certainly hope he won’t use that same terminology now, with this exemption, for the next amendment that we have, an exemption for medical travel, exempting medical travel.
It’s critical. Like I said before, the southeast corner is very remote and very distant from any kind of treatment. One of the greatest barriers is being financially available to them. Hotels just don’t cut it for six weeks to two months. So they need those short-term rentals, and this exemption would help those people out a tremendous deal. I hope the minister would certainly consider that as being a very reasonable exemption.
R. Merrifield: I mentioned some of this in my last words of support for the last amendment, but I’m going to reiterate it and get into a little bit more detail. I appreciate the opportunity to do so.
As I had stated before, Kelowna is a regional centre. Its hospital is a regional centre. It also is a training facility for both medicine and nursing. We rely on short-term rentals to supply to our nursing staff, to our medical staff, as well as those coming in for treatment.
I’m going to give a couple of examples where this is very common. It is very common to have patients airlifted. In fact, it’s a daily occurrence in our skies to see the air ambulances coming into the hospital. It is a daily occurrence to have those that are seeking radiation, chemotherapy there for weeks on end, using short-term rentals to supply for those needs.
It is common sense to actually provide an amendment that would allow and protect cancer patients who are trying so desperately to get the medical treatment that they require. People undergoing longer treatments may not be able to rely on hotels, and they need these medium-term rentals available to them.
The other aspect is that oftentimes, and this happens more times than you think, pregnant women who are in their last four to six weeks of their term…. If they are not close to a medical facility, they actually have to move into the areas where they will be delivering. In the case of both Kamloops and Kelowna, oftentimes, we are without GP obstetrics inside of our communities. Those pregnant women actually have to travel great distances and have to stay for the remaining four to six weeks in those communities. This doesn’t just happen in Kelowna, however.
There’s an actual research project that’s going on right now through UBC in which they’re tracking the distance that these women have to travel, and the outcomes. I can tell you that the farther they are away from those delivery facilities, the worse their outcomes become.
For example, if you’re delivering a baby in some of the smaller, more rural and remote communities, and Prince George ends up being where you’re going to deliver, you have to be there four to six weeks beforehand. I can tell you that the hotels are not going to be able to provide the necessary living.
Furthermore, they don’t provide the comfort. They don’t provide the kitchen services. They don’t provide the living room, where you can actually have a seat, where your kids can play with you, where your additional family can be supported and you don’t have to be alone. That is the same whether it is chemotherapy treatments for a cancer patient, whether it’s pregnancy services, delivery services for a pregnant woman. We have to figure out how the reality of our medical system is being actually aided by this.
The other reality for those that live in Kelowna are the wildfire service providers. Yes, they live out in the bush for weeks on end, but then they come into Kelowna for respite, for relief, to actually catch a breath. If there are no hotels available, and they’re certainly not going to pay $700 a night for the hotels, these short-term rentals are very, very valuable. We haven’t even included them in this list, but we are looking at medical staff. We are looking at people that need to travel for medical treatment, and it’s far greater than what you might actually think.
P. Milobar: Just speaking to the amendment, there are so many layers on the medical side of things. If you’re a medical student within the UBC program, and you’re in your training phase, the requirement to move around this province a month or two at a time, to go into areas to do your rural practice….
Kamloops is considered rural for training, but you need to be there for a month or two. Then you get moved to a different hospital for a month or two, and then another hospital for a month or two. That’s the training side of it in a time of doctor shortages.
I’m not sure how those students, even though they are having to pay for their own accommodations, are going to reasonably find ways to find apartments that they can only rent for a month or two, or a basement suite that they can only rent for a month or two, with these changes coming through.
But on the actual medical procedure side, speaking as someone from Kamloops, whose riding goes all the way up to Blue River, what you’ve heard already from my colleagues is 100 percent accurate. In Kamloops’s case, all of our radiation cancer patients need to travel either to Kelowna or Vancouver. Unfortunately, the cancer centre that was promised by this government, in 2020, to be open in Kamloops by 2024 still doesn’t even have a business case. So we’re a long ways off from that.
All those residents from that whole surrounding area are travelling. But if you have a sick child, you’re down to Vancouver. If you have cardiac issues, you are down to Vancouver — sometimes to Kelowna, but a lot of times, still down to Vancouver. Either way, you’re out of your home in one city for long periods of time, tending to a loved one, trying to have peace and quiet. If you’re the loved one trying to heal, having to go back and forth on a regular basis for daily treatments, or every second day, treatments for a wide range of health issues….
The reality is, with the cost of restaurant meals, thinking that people could afford to not only pay upwards of $500 a night for a hotel room but also all restaurant meals, because there are very few cooking facilities in modern hotel rooms, just simply doesn’t work for the average person.
Although we definitely need to be taking steps to try to corral what we see happening with short-term rentals, the government, by virtue of this bill and by virtue of the fact that a lot of this bill will be left to regulation in the future…. It’s mighty rich for the government to say that they can’t support amendments because it would be too regulatory. There are going to be all sorts of regulations attached to this bill, all sorts of loopholes and exemptions created through that regulation.
What this amendment would do would make it very clear to people that if they need to travel for medical purposes, they would still have access and a way to access that. Now, how the government would wind up ensuring that’s actually what the person on the rental side is doing…. Again, that comes down to enforcement. That comes down to the rules, but there’s going to be a wide range of those anyway in this legislation as it is.
It’s critical that we recognize this, because I have heard members of the government today, both on social media and other areas, say: “Well, we’re worried about homes for people.” Well, if you’re sick and needing to be in Vancouver for a month, whether you’re in a hotel room or in a short-term rental, that is actually your home.
It’s not your permanent home. It’s not the so-called forever home. But that doesn’t mean you shouldn’t have a right to try to access somewhere that keeps you feeling comfortable, that’s quiet, that you feel is safe, that doesn’t have the commotion, maybe, of a hotel and the extra noise that, a lot of times, comes with that, that would have actual proper cooking facilities or the privacy and the dignity of washroom facilities and showers that you might need and things of that nature.
That’s still a home. It’s incredible to me that we’re hearing from government members, essentially saying that if you rent for only a short period of time, that’s not your home. Well, there’s no guarantee, when someone moves into an apartment, that person is going to be in that apartment for the next 12 years. Life circumstances change. Work circumstances change. Financial situations change.
But in the time that they’re in that rental accommodation, that’s their home, no different than if it’s somebody that owns the piece of property. That’s their home.
The people going out for medical care that this amendment addresses deserve to have that option, because they don’t have the option of seeking out medical care within their communities that they live in.
I get that if you live in the Lower Mainland or if you live in the greater Victoria area, that’s not the same for you. Everyone accepts that, and everyone understands that the economies of scales of the health care system in this day and age is such that there’s only so many highly specialized specialists and nurses and other highly specialized medically-trained people for certain conditions. So it predominantly gets amassed down in Vancouver.
People in Prince George and Kamloops and Kelowna and Cranbrook everywhere else — they accept that. They understand that. But they also understand that means there’s going to be a little extra travel involved if, God forbid, someone in their family or they themselves wind up with a serious medical condition.
Back in the ’90s, when my father-in-law had cancer, he was down in Vancouver regularly for treatment. So my wife would have to go down, and she would try to stay in hotels. It was not inexpensive. Airbnbs didn’t exist then. Would that not have been considered a home for her, as she’s going through the stress of watching her father and trying to support her father in his treatments in her early twenties?
It’s very shortsighted of the government to try to fall back, saying, “Well, we don’t want other changes to rules; there’ll be too many rules,” when they’re going to come up with a litany of rules as this gets passed and as regulation gets brought in.
There’s already a difference on how we treat resort communities versus smaller communities versus bigger communities. There are already all sorts of differences in this legislation. To not recognize the real-world implications of what happens to people seeking medical care, simply on the basis that the government doesn’t want to admit they had a major oversight in this piece of legislation, is reprehensible on the part of government, frankly.
They should support it. It’s not going to collapse the housing market by letting people seeking critical medical care, and their families, actually seek safe and comfortable accommodations while they’re getting their treatments, which would include cooking facilities, at a price they could actually afford.
I really do hope the government, for once, can admit that they had a bit of a missed oversight and accept what is a good-faith amendment — it was presented well ahead of time this morning by the opposition — and agree that people that need to seek medical treatment in the larger centres in this province actually deserve the ability to have some semblance of comfort and tranquility while they’re going through those critical medical treatments.
If you’re from Penticton, you need to travel. Osoyoos, Smithers, Terrace, Haida Gwaii — you name it. What, 95 or 98 percent of the geography of the province is going to need to travel for that care.
It might only be 20 percent of the population, but that 20 percent deserves it. They deserve a government that will actually admit that they overlooked something in their zeal to try to bring forward a piece of legislation and agree to the change.
A. Olsen: Thank you for the opportunity to speak to the amendment. Just a question, and perhaps the minister was prepared to respond to something along these lines.
I’m wondering if this particular amendment that the official opposition is moving and putting into the legislation could not be handled through regulation, and if this would be something that could be considered.
While I don’t tend to like these wide gaps that aren’t filled in until much later, this seems to be one that could actually be prescribed in regulation. I would like to hear the minister on that.
The Chair: Minister of Transportation.
Hon. R. Fleming: I thank the minister.
I wanted to ask the House, to seek leave to make an introduction.
Leave granted.
Introductions by Members
Hon. R. Fleming: Thank you very much for the opportunity to announce some guests before they leave this debate. They are a large group from the strategic and corporate priorities division of the Ministry of Transportation and Infrastructure. This is….
Interjections.
Hon. R. Fleming: Thank you very much. Applause at this point.
These folks are involved in a number of innovative initiatives in government and very much involved in collaborating across ministries, working on all sorts of things, investing in information technology and things that make the services of our ministry more usable for the public.
Would the House please make all of these individuals welcome and thank them for attending this afternoon.
Debate Continued
Hon. R. Kahlon: I thank the members across the way for their comments.
I’ll start by saying that the arguments that have been made are very similar to the arguments that short-term rental companies and platforms made in Toronto when they had their rules to say that short-term rentals should be defined as 28 days. What actually happened by setting it that way…. They went from, before, having 2,000 units that were considered executive suites, or 28 days or more, pretty much overnight, to 8,000. Now they’re at 12,000.
When we say it’s a loophole, that’s what we’re implying. Those units, which were available for under 28 days, shifted immediately to a different way of ensuring that people didn’t have access to housing. Fundamentally, what we’re trying to do is get access to housing for people throughout the community.
Now, there’s a bunch of points that members made. I’ll address them. First off, it was mentioned about students. Most students are in four-month classes. I do appreciate the member raising that, but I believe that they will be looking for accommodation for longer than the three months or less.
As far as health care staff, I think…. There was a member that raised a question around health care staff and, say, a film studio buying a place, etc. These rules apply only to listings offered to the public. So should a film studio or a health authority wish to rent one or more apartments on an annual basis and provide shorter term accommodation to various staff in those units during that year, that would not be an issue under this act. That’s, I think, an important point to make.
For those that are travelling for cancer treatment, etc.… The members will know that we just made a significant announcement of $20 million to support families that have to travel for treatment, for their travel but also for their accommodation. Members will know that there’s a travel assistance program that helps both with discounts for travel but also for hotels.
The member mentioned those travelling with air ambulance won’t be able to get short-term rental opportunities. If you’re travelling via air ambulance, you’re not staying in a short-term rental. I’m not entirely sure what the member was implying, but I just wanted to make that point.
Fundamentally, I’ll say that short-term rentals are still going to be available to people. If people need to travel to a community, it will still be available to them. We’re not saying that short-term rentals are completely gone. We’re saying that folks who bought three, four, five homes and that only use them for investment purposes…. That’s not allowed anymore.
We’re saying that we need that critical housing stock. The communities that were mentioned all have vacancy rates below 3 percent. People in the community are struggling to find housing, and we need to be ensuring that they are our number one priority. That’s what we’re saying. If people have a basement suite or have a laneway home and that’s their primary residence, they can continue to offer that in short-term rentals. Those opportunities will be available.
Now, a lot of members raised Vancouver, saying: “Well, people have to come to Vancouver.” I mean, I think folks know. Vancouver had a principal residence ban the entire way through.
This is fundamentally the problem. When the city of Vancouver says, “We don’t want people buying up housing and putting it on the rental market when our people are struggling….” They had a rule there, in fact, for more than three years. We still have people saying: “Well, I’ve been renting my place out, my complete home, for people,” discarding the local government’s rules.
That’s why this legislation is so important. Many communities have principal residence requirements. They realize that people in their community are really struggling to find housing, and that is the best way to ensure that both housing is available for people but also that there’s short-term rental available for tourism and other needs in the community.
We can’t support the amendment, but I hope I have addressed all the points that the members have raised.
P. Milobar: Just a couple of things since the minister addressed a couple of things that I had said.
Just to clarify, I was talking about medical students that as part of their medical training rotation need to go from a place to a place, a facility to a facility. They go for a month or two months at a time, and then they get moved on to the next facility for a month or two months at a time. It is much different than a student enrolling for two semesters at the same institution and having a Christmas break — completely different.
I’m surprised the minister wasn’t aware of that. That’s how medical training works. With the medical shortage of doctors, it seems this is going to make things even harder. That was the statement I made.
It seems that the minister, when he talks about housing…. This amendment is trying to help people that are needing medical care and their families. So of course, if you’re on the air ambulance, you’re not seeking it, but your family coming to support you does need the accommodations.
It appears this government is less worried about permanent housing, with the shortage of workers in Whistler, than the person going to Whistler for a ski holiday, than the person going to Vancouver for cancer treatment and their families, because that’s what this bill enables.
There’s a shortage of housing for workers in every resort in this province, and this legislation will protect those short-term rental areas. It will not protect and enable people, if they vote down this amendment, around medical treatments, and that is what we’re saying.
There are already exemptions being made with this piece of legislation. Adding in the medical exemption is the right thing to do.
The Chair: Seeing no further speakers, I’ll call a vote on the proposed amendment around accommodation for travel related to medical procedures.
Division has been called.
All right, Members. We are here for a proposed amendment, moved by the member for West Vancouver–Capilano, to clause 1, the definition section, of “short-term rental accommodation service.”
Amendment negatived on the following division:
YEAS — 26 | ||
Ashton | Banman | Bernier |
Bond | Clovechok | Doerkson |
de Jong | Halford | Kirkpatrick |
Kyllo | Lee | Letnick |
Merrifield | Milobar | Morris |
Oakes | Paton | Ross |
Rustad | Shypitka | Stewart |
Stone | Sturdy | Sturko |
Tegart |
| Wat |
NAYS — 54 | ||
Alexis | Anderson | Bailey |
Bains | Beare | Begg |
Brar | Chant | Chen |
Chow | Conroy | Coulter |
Cullen | Dean | D’Eith |
Dix | Donnelly | Dykeman |
Eby | Elmore | Farnworth |
Fleming | Furstenau | Glumac |
Greene | Heyman | Kahlon |
Kang | Leonard | Lore |
Ma | Malcolmson | Mercier |
Olsen | Osborne | Paddon |
Parmar | Phillip | Popham |
Ralston | Rankin | Robinson |
Routledge | Routley | Russell |
Sharma | Simons | Sims |
A. Singh | R. Singh | Starchuk |
Walker | Whiteside | Yao |
The Chair: All right. We’re back on clause 1.
K. Kirkpatrick: Could you please explain why the threshold of less than 90 consecutive days, that number specifically, was chosen?
[J. Tegart in the chair.]
Hon. R. Kahlon: I appreciate the member’s question.
It was decided that having a 90-day period is the right balance to help ensure a mix of renters’ needs are met. For example, a 90-day period means that short-term rentals less than this length will be subject to the principle residence requirement. But it also provides flexibility for property owners that rent to seasonal workers and students, which are often for stays that are over 90 days.
K. Kirkpatrick: The speculation tax uses a definition of one month to differentiate between short-term and long-term rentals. Why is this act using a higher threshold of the 90 days?
Hon. R. Kahlon: I think it’s important to note that the speculation and vacancy tax was brought in, in 2018. We have learned a lot since then.
The Toronto example is a good example for us to consider, and I’ve already highlighted that in my comments. In Toronto, when they moved to 28 days, they saw a surge from 2,000 to 8,000 to 12,000 very quickly, where more folks were shifting.
I would say that it’s something we’ve learned through the last five years, since the speculation and vacancy tax was brought in. It’s very applicable to what we’re trying to do here.
K. Kirkpatrick: Just for clarification. I wasn’t following exactly what you were referring to with the surge, with the 28 days. Can the minister explain? In Toronto, what was that surge?
Hon. R. Kahlon: I was referring to when Toronto changed their rules to 28 days or more. What they found, essentially overnight, was that the amount of units that were in that category went from 2,000 to essentially 8,000 overnight and now has grown up to 12,000. That’s what I was referring to.
K. Kirkpatrick: I don’t want to spend too much time on this. I just want to make sure I understand. So there was no regulation. Then when they brought in their regulation, at 28 days, there was a surge of listings based on that 28 days.
Okay, thank you to the minister. I’m still fuzzy on that. I may come back after it percolates for a moment.
A. Walker: I want to thank the minister and his staff for providing this opportunity to ask questions.
In a tourism-dependent community like Parksville-Qualicum, this has been both very much looked forward to for a long time as something that’s important, but it’s also got some challenges attached to it.
In the initial press release, it was discussed that communities with a population of over 10,000 would be…. It would apply to communities over 10,000. I’m just wondering why…. It looks like Qualicum Beach was added because it was within the proximity of the city of Parksville. Qualicum Beach is about 9,300 people. The electoral area that this, as is my understanding, does not apply to is about 27,000 people — Nanoose, French Creek and surrounding Qualicum and Parksville.
I’m wondering. Why was it that these urban areas were considered but not the more rural areas that have a much higher population?
Hon. R. Kahlon: Thanks to the member for the question. That’s section 14, which is a ways away, but I’ll try to answer the question for the member now.
There are a few things that need to be…. When we made the announcement, we highlighted some communities that were within 15 kilometers of communities that were captured. Through the regulation process, there’s some room for adjustment on communities, but we’re not there yet. That’s going to be something that happens during that time.
Of course, in the meantime, communities that are below 10,000 have the ability to opt in. We’ve already heard from a lot of communities that are below 10,000 who say that they’re going to opt in because they think this is a positive direction to go.
I’m certainly happy to hear from the member if he hears that from his community members as well.
A. Walker: I want to thank the minister for…. I’ve got some high-level questions.
My concern is, as the minister discussed earlier about loopholes, that if we’ve got a community like Qualicum Beach that’s fairly tourism dependent — and that has a lot of these Airbnb, VRBOs — and all of a sudden the signal is being sent to the business community that there’s a much larger geographic area where this is, for the time being, going to be allowed, it could potentially pose quite a bit of pressure on a more rural area, having unintended consequences of potentially making the rental market even worse than better. I will certainly encourage my local governments to reach out once this legislation has passed this House.
In the statement, as well, there was some discussion about different accommodations that will be identified as exempt. One of the examples was fishing lodges and time-shares. The time-share component is interesting for my community. Time-shares don’t work like they used to in the sense that the structure can be quite creative for some of these developments. I’m just wondering: what other types of exemptions are being considered for regulation right now as far as different classes or types beyond just hotels, motels?
Hon. R. Kahlon: Again, thanks to the member for his thoughtful questions. I will share that, as he’s probably already seen in the press release, the short-term regulation legislation will not apply to hotels, motels. These types of buildings were never intended for long-term housing. He’s also noted that future regulations will allow us to enable exemptions on additional types of properties — time-shares, fishing lodges — which were not intended for the scope of the act.
Of course, that’s something that is going to be in regulation, so I can’t go into more than what we’ve kind of shared at this point. But if the member has got some unique or specific things in his community, I’m happy to hear that from them.
I also appreciate his comment around adjacency communities. That was something that we considered part of our legislation. If you make this action, what happens? What’s the reaction in the region? We chose the 10,000 mark because CMHC provides us data on vacancy rates. Again, if there’s something unique in the member’s community, I’m happy to hear from them on it.
T. Shypitka: I just wanted to go back to clarify something the minister said about the surge in short-term rental units that was experienced in Toronto when that bylaw was reduced to 28 days. I believe it was reduced. The minister stated that the surge went from 2,000 units, I believe, to 8,000 to 12,000. I think that is what I heard. Can the minister give me any sense of any data that was collected that would suggest that long-term rentals were impacted by that surge?
I mean, I can certainly appreciate that more people would want to jump in the short-term rental market if they have facilities to do that that are not currently participating in long-term rentals. That would be, actually, in my opinion, a good thing. This bill wants to put more long-term rentals back into the marketplace. With this surge that the minister is using as a guideline for the 90 days, was there any data received? And what data was it that suggested that came from long-term rentals?
Hon. R. Kahlon: It was Toronto’s intention to get more housing available for long term, away from short-term rentals.
By setting the policy the way they did, what they found was people shifted their properties to different classifications and just keeping them in short-term rental and not making them available for long-term rental. That’s the comment I was referring to.
T. Shypitka: Could you point me to the report that suggested that? How many of those 12,000 were indeed long-term rentals?
Hon. R. Kahlon: They were short-term rentals. It was a short-term rental policy change made there. They classified a 28…. Perhaps I’m not understanding the member’s question. Maybe he could reframe it for me.
T. Shypitka: Well, what I’m trying to establish is that there was a bylaw in Toronto that put parameters in place on short-term rentals. Here in B.C., this legislation says 90 days is what defines a short-term rental. In Toronto, the guidelines that the minister is using to disqualify our amendment to 30 days, showed that there was a surge in short-term rentals. More short-term rentals came online because of the reduction to 28 days in Toronto.
I’m saying that that doesn’t necessarily mean that the long-term rental market was impacted. Maybe the minister can point me to the data that suggested what long-term rentals were impacted out of that 12,000-unit surge that he saw. Where is the data for that?
Hon. R. Kahlon: I think we’re kind of saying the same thing, which is that the surge wasn’t necessarily quantifiable to say that it was long term and then moved to short term. It was short term classified under 28, moving to classifying themselves as executive suites above 28. There was a pool of short-term rentals. Given the data they had, there were 2,000 that were considered executive suites.
My understanding is that when the rule moved to 28 days, many people just classified their properties to allow them to continue as short-term rentals. That pool went from 2,000 to 8,000 to 12,000.
T. Shypitka: Clear as mud. The point here is that the purpose of this bill is to bring in more long-term rentals. With this surge, were those long-term rentals negatively impacted? I guess that’s the question. I think it’s all great if more short-term rentals come on, if the parameters are changed to bring it down to 28 days. That’s what our amendment actually spoke to, because a lot of people need those. There are a lot of affordability issues and things like that.
With this surge, did it negatively impact long-term rentals? That’s as clearly as I can state it. If there is a negative impact, what data did the minister have that shows how many of those 12,000 units shown in the surge were formerly long-term rentals that moved to short term?
Hon. R. Kahlon: I think that that’s the point that many are advocating in Toronto: by only having it at 28 days, they weren’t able to get more housing back into the long-term market. That’s why there’s advocacy right now about them also moving to 90 days, because then of those 12,000 units, more of those units will actually become long-term housing opportunities for people in communities as opposed to remaining as short term.
K. Kirkpatrick: I guess my colleague is talking about the difference between anecdotal numbers and actual numbers and where the data comes from. However, I shall move to another question.
Is the minister aware of concerns that this will impact various sectors that rely on temporary accommodations, such as the film industry? I certainly have heard from them that these short-term rentals are a vital part of housing for out-of-town performers. They will lose productions in B.C., and there are often not hotels available where they are and in the manner in which they need to house people.
The question is: was the minister aware of these concerns and issues, and what consultation — this is one question — was done with those sectors to determine impact?
Hon. R. Kahlon: I appreciate the member’s question because there’s a flip side to that question as well: how does our film industry continue to operate in our communities if their workforce has nowhere to live? That’s our focus right now — people who live in British Columbia who are working full-time jobs and can’t find a place to live when much of our housing stock is being used for short-term rentals and they don’t have access to that housing here.
What I would say to the member is that those in the tourism industry that want access to short-term rentals will still continue to have that ability, because short-term rentals are still here. Our focus here, of course, is to ensure, when they have a film being filmed here, that the workforce continue to be able to live and stay in our community so that we can have a thriving workforce that supports our film industry.
K. Kirkpatrick: I am not really sure where to go on that question. There will be no film industry here to have workers to be working in.
My question: appreciating that the talent, production and other people working on films often are brought in from other communities — they come in from the States; they come in from Toronto — was there consultation done with the film sector by your ministry or by the ministry responsible? What were the outcomes of that consultation?
Hon. R. Kahlon: Thanks, again, to the member for the question.
The Ministry of Tourism, Arts and Culture engages with folks within the film industry and within the tourism industry. The number one issue that they have identified for us is that they have thousands of workers who don’t have access to housing. They’re really worried about whether they will be able to have the workforce needed to continue to support a growing film industry. That’s the concern that was raised to us.
Yes, there are some folks who come in for short periods, but there are also many that come for longer periods. The ones who come for shorter periods…. Of course, there are going to be short-term rentals available for them still. The biggest concern raised to us is about the long-term workforce that lives here and that is needed for us to continue to have a strong film industry.
K. Kirkpatrick: Thank you for the answer.
When these issues were raised with the ministry, was it a conversation specifically talking about Bill 35?
Hon. R. Kahlon: Our consultations were with the Ministry of Tourism, Arts and Culture. Of course, they engage with stakeholders on a whole host of issues. Again, workforce housing is the number one issue that has been identified by them.
K. Kirkpatrick: I understand the minister to be saying that the government’s consultation was with government and not with the actual stakeholder groups.
Were there other actual stakeholder groups that government reached out to outside of its own ministries?
Hon. R. Kahlon: We directly engaged with UBCM. We partnered with local governments, with the platforms, with First Nations communities, with the tourism industry directly. Then we relied on our partners within government to engage with others.
K. Kirkpatrick: Thank you for that. Did the ministry, when drafting this legislation, give consideration to the unintended consequences on different sectors — tree planters, film? There are a number of different groups.
Had those unintended consequences been identified? What mitigation plans are in place to help support impact in those areas?
Hon. R. Kahlon: I think the fundamental challenge that we have, and the member may get tired of hearing me say this, is that…. The biggest challenge we have right now, I think the biggest threat to our economy, is not having ability for people to continue to live in British Columbia because of a lack of housing options.
We were very conscious of the impacts that any legislation may have on tourism. That’s why we built in the measured approach that we have, which is that tourism-dependent communities can continue to find solutions that they believe work best in their communities — but communities, broadly speaking, ensure that the housing is available for them, for the people in their communities.
Our number one focus here was people, people of British Columbia, and, in particular, those that are struggling to find accommodation. If you don’t have the housing that people need, then it’ll have major impacts on the economy going forward.
K. Kirkpatrick: Thank you for the answer. As the minister well knows, any time legislation is brought in, in order to impact one particular thing, you have to be able to look at a larger picture to see what those things are outside of this legislation, outside of what we’re trying to accomplish here, that could be impacted, and what should we be doing in order to mitigate those impacts.
We are fully supportive that at the heart of this legislation is the need to provide additional housing. It is the focus of the legislation, which is commendable, and that is what we need to do. But legislation cannot be made in one area if it is going to have larger consequences in other areas that aren’t anticipated, recognized and mitigated.
Is the minister saying that those other ancillary, those other sectors, were not important enough to work with or that the impacts were not anticipated, as should have been, while this legislation was being drafted?
Hon. R. Kahlon: What I’ll say is the number one priority for us was to ensure that we had housing available for people in our communities.
The challenge in front of us is that we have investors who bought three, four, five more homes in British Columbia, taking them out of the long-term housing market and only using them as short-term rentals.
For us, it was important to see that housing stock come back, but we did consider what short-term rental policy should look like for tourism, in particular, because we know it has a big impact. So short-term rentals continue to be available to British Columbians. Those communities, the 14 communities in British Columbia that are tourism-dependent, that rely heavily on tourism, will continue to be able to make the rules as they see fit. Some will adopt principal residence requirement; some may not.
That is the type of thing that we tried to do, the balance we tried to strike, with the legislation that we brought here right now.
K. Kirkpatrick: The minister refers to three, four and five and uses the term “institutional investors.” Why wasn’t this legislation drafted specifically for those with three, four, five units who are institutional investors?
Hon. R. Kahlon: This legislation was designed that way. If you have a home and you would like to have one bedroom or a suite within your home rented short term, you’re allowed to do so. But if you buy investment properties for the purpose of this, then you’re no longer allowed to. So it is very much targeting those who buy investment properties for short-term rental that could be housing for people in our communities.
K. Kirkpatrick: This legislation could also impact nurses and doctors, as we talked about previously, who must travel for their efforts to address the NDP’s health care crisis and to serve communities across B.C., particularly in the North.
Has any analysis been done on whether this could make our health care crisis worse and make it so some of these supports in communities would no longer be available?
Hon. R. Kahlon: I think the biggest threat to health care and access to health care services is our health care professionals not having homes in communities. We hear often from communities that they’re trying to attract a doctor. It’s hard because the vacancy rates are so low. They’re trying to attract health care workers, and vacancy rates are so low. That is a major concern.
Getting more housing back in the long-term housing market will help us attract the health care professionals that we want in communities throughout the province. That is a major concern that I think gets addressed by this legislation.
K. Kirkpatrick: I’m concerned that the minister is continuing to answer questions where I’m asking for specific information with the same answer, which is that regardless of anything else that this impacts, the most important piece is that we are creating housing.
Again, I say it is very important that we are creating and protecting housing. What I asked the minister was: has any analysis been done in terms of whether this would have an impact on health care providers being able to serve communities where they require short-term rentals in order to be able to do so?
Hon. R. Kahlon: A couple of things.
The member says she is interested in what we’ve done to mitigate some of the consequences. You know, there are calls for the full elimination of short-term rentals in British Columbia. Then there are some who say: “It’s fine the way that things are.” What we’ve done is, I think, found a balanced approach, which is to ensure that more housing comes back into the housing market, yet we still have it available in communities throughout the province.
Now, the challenge we have, and certainly it has been highlighted to us from local governments around the province, is that many communities lack the data on how many short-term rentals are in their communities. We have some communities, like Vancouver, for example, that have rules in place. They have agreements to share data. But they still don’t have accurate information on what data…. So that makes it really challenging.
Going forward, we will have data on listings, but we won’t have data on who is exactly staying in units. So if the member is wondering about specifics, how many nurses or how many doctors will be staying in short-term rentals, I can’t provide that information to the member. Given the framework we have, the legislation we have, we will know exactly how many units are on the market through short-term rentals in every community.
That’s why, overwhelmingly, all the communities, through UBCM, have stepped up to say that this is exactly what they’ve been asking for.
K. Kirkpatrick: What I’m hoping to find is data. The minister was referring to data. Obviously, that’s important for decision-making. What data is being used to drive the decisions and the content of this legislation?
I want to…. Sometimes I feel the minister’s response is that our side of the House is not supportive of the regulation of short-term rentals or creating more housing. We certainly are, but we’d like to see the data so that the decisions on how this works are done most effectively.
I’ll ask a related question but maybe in a different way. Can the minister say what the impact on housing numbers would be if an exemption was provided for health care professionals? What would the impact be if that exemption was granted?
Hon. R. Kahlon: I think we’re kind of crossing paths a little differently on this.
The legislation is about tracking listings and homes and not necessarily people and who is using short-term rentals and who is not. That, I think, is where our difference is on the data the member is referring to.
K. Kirkpatrick: Thank you to the minister for that answer. To clarify, what I’m looking for is…. It’s one thing to be tracking the listings, but is the impact anecdotal in terms of how many long-term rentals are being removed from the market, or are there specific numbers so that you can connect the dots on how many listings?
I can’t imagine the minister knows, if a listing is not on vacation rental, if it would actually be rented on a long-term basis. What’s the impact of the numbers?
Hon. R. Kahlon: We’ve seen studies that say that up to 16,000 homes, or more, are complete homes that right now would be impacted directly by the legislation. Our view is that even if half that number of units came into the long-term rental market, it would be substantial.
I often compare the number of how many purpose-built rentals we had this year. I believe it was around 14,000. So even if you came close to 8,000, that is quite significant.
We also know, and I appreciate the member will probably go there, that some people will say: “Well, we’re not going to rent it in the long-term market. We’re going to sell the unit.” In that case, that unit will be available for somebody to call home.
This will have, we believe, a positive impact. Certainly, we’ll see, as we go forward, what that impact will be.
K. Kirkpatrick: Thank you to the minister. I wasn’t going to say that.
What I am going to say is it troubles me that that 16,000 number can’t be equated to a specific number of units that will come on. It seems to be a guesstimation.
As opposed to what the minister thought I would say, there are a number of those, but we don’t know how many, that are people’s family…. A second house they’ve had in the family for years and years, and they use it for part of the year, and then they will do some…. It might be a few nights or a week or two on vacation rentals. Those are the properties. They are being impacted, but the ultimate goal is not being realized — that those types of listings, those types of properties will not find their way back into the residential market.
How is that determination being made? Where are the numbers coming from that the minister is quoting?
Hon. R. Kahlon: As I said, the number of 16,000 is out there in studies, and our view is that if even half of those came back, that’s significant. It could be more than that. It could be slightly less than that.
Regardless, if individuals decide to sell their property because they bought it only for short-term rental purposes, that will now be a unit, a home that will become available for a young family that’s looking to buy a home. Ultimately, we’re saying that these homes in British Columbia are a valuable asset, and they should be for people who live here, who desperately need housing.
K. Kirkpatrick: Thank you to the minister. I’ll move to some more, I guess, tactical questions.
The minister said that if there was a lease agreement in place, they’ll build an exemption into the regulation for short-term rentals. What is the form and style of that lease agreement, and how will regulations work?
Hon. R. Kahlon: I can’t get too much into the regulations piece other than to say that it is our intention to not capture anyone that goes month to month, that’s less than 90 days.
K. Kirkpatrick: Just to clarify, this was something that the minister said during a press conference. What specifically was he referring to in terms of a lease agreement? That’s a rental agreement. What would that be?
Hon. R. Kahlon: Again, I can’t get into the piece around regulations other than to say that those agreements that are month to month, that end in less than 90 days — our intention is that they would not be captured in this.
K. Kirkpatrick: Thank you to the minister for that. That helps.
Can the minister confirm if the definition of accessory dwelling unit will be standard for this and all other acts that deal with ADUs?
Hon. R. Kahlon: Our definition is specific to this act.
K. Kirkpatrick: Does this act contemplate things like trailers or glamping facilities? How are those captured?
I had the most wonderful vacation a couple of years ago where I was able to actually have an Airbnb on a boat, which would not have necessarily been someone’s long-term residence.
Have some of these other, more unusual kinds of listings on Airbnb and other platforms been anticipated?
Hon. R. Kahlon: The general principle we follow in these regulations is that we’re focused on returning units that can be long-term housing to the market. So something like a tent or treehouse is not intended to be captured. Future regulations will allow us to ensure that they aren’t, in much of the same way as exempting timeshares and fishing lodges, etc.
K. Kirkpatrick: In definitions, what is the difference between a property host and a supplier host? Do they need to be the same?
Hon. R. Kahlon: A property host is defined as a person who is legally entitled to possession of a property where short-term rental accommodation service is provided and who has a responsibility for arranging for a short-term rental offer. A supplier host, in respect of a short-term rental offer, means “(a) the property host, and (b) the following persons, if applicable: (i) a person who, acting on behalf of, under the direction of or as agent of the property host, has responsibility for arranging for the short-term rental offer, which may include managing the short-term rental accommodation services.”
Chair, can we take a short break?
The Chair: We’ll take a two-minute break.
The committee recessed from 4:37 p.m. to 4:45 p.m.
[J. Tegart in the chair.]
The Chair: I’ll call the committee back to order.
K. Kirkpatrick: Can the minister please explain what prescribed services are and which ones will be excluded in being captured by this?
Hon. R. Kahlon: If the member could maybe tell us what section the member is referring to, I’ll get the answer for her.
K. Kirkpatrick: Thank you to the minister. I realized I left out a sentence or a word, which makes that complicated.
This is under the definition of “short-term rental accommodation service,” and it’s a prescribed accommodation service.
Hon. R. Kahlon: Thank you to the member for the question.
This gives us the ability to exempt accommodation service. An example would be like a Hilton hotel that advertises a specific type of housing. That’s what this would capture in section 3. I think we’ll probably get to that. It would be like a fishing lodge and an actual hotel, specifically. It gives us the reg-making ability to do it in each section.
K. Kirkpatrick: Thank you to the minister. I wasn’t completely clear, but what I’m hearing the minister say is we’ll be dealing with that under the part that deals with the exception for motels and hotels. Is that related to that section?
Hon. R. Kahlon: Sorry. I think I just said a bunch of words that maybe didn’t make sense, and now this is going to be on No Context BC. I should have chosen my words more carefully.
This is focused on accommodation services, so the types of services that we know a Hilton provides, that service. Then in I believe it’s section 3, it lets us, through regs, be specific on the type, so hotel, fishing lodge, etc. That’s the difference. One is more on the service, and the other one is on the type of building.
K. Kirkpatrick: Thank you to the minister. On the definition of “principal residence” — this is an interesting one I hadn’t anticipated, but as we hear from people, we get new scenarios — I was contacted by someone today concerned with the definition. This person is a seafarer, and they are on a ship for more than half the year, more than 50 percent of the year. I think it’s 190 days or something. While they’re away, in order to help pay their mortgage, they actually provide short-term rentals. It is, in fact, in a building that’s currently nonconforming, which of course won’t be the case anymore.
Would there be anything anticipated for people like this, where there could be some kind of reasonable exemption when they don’t have another…? They’re not living somewhere else for that year. They’re still actually just at a worksite.
Hon. R. Kahlon: “Principal residence” means “the residence in which an individual resides for a longer period in a calendar year than any other place.” In the example that the member has shared, the person is on a ship working, so it shouldn’t have an impact on that individual.
K. Kirkpatrick: Thank you to the minister. You’ve just made someone very happy, I’m sure.
A question before I cede the floor to someone else is: what is the average number of nights that an Airbnb host…? I should say a short-term rental host; I’m picking on Airbnb. What’s the average number of nights that a host in B.C. actually rents out their unit as a short-term rental? Did I ask that with enough clarity?
When you are a host and you’re renting out your home or your unit as an Airbnb, if you look across British Columbia, surely there is an average number of nights that the hosts will rent out for. If you look across the data for each of the hosts, is it an average of three nights a year, or is it three months a year that they actually are listing and renting out on the platform?
Hon. R. Kahlon: I appreciate the question from the member. We’ve seen various studies that project numbers, but the companies don’t share that information directly with us in government. It’s hard to know exactly, but under this new legislative framework, through the data-sharing requirement that will be part of the legislation, we will know exactly that information. Of course, each company may have their own individual information, but they don’t all share that publicly.
K. Kirkpatrick: Thank you to the minister.
I will cede the floor to the member for Parksville-Qualicum for now.
A. Walker: Thank you to the member for West Vancouver–Capilano.
When the question was asked about a principal residence, I was counting how many days we spend in the hotel just down the way here. We’re safe; it should be fine.
[S. Chandra Herbert in the chair.]
I’d like to bring it back to the questions that I was talking about before. I do recognize, as the minister mentioned, that a lot of this will sort of fall under clause 3, but there is a bit of overlap as we talk about these prescribed accommodation services that are exempt. Carrying on from the line of questions that I had before, when we talked about fishing lodges and time-shares being exempt, I’m just wondering if the minister can describe in detail what he would consider a time-share to be.
Hon. R. Kahlon: I think the core point is there are different models. There are many different types of models that exist, and that’s why we’re giving ourselves the ability through reg-making powers to be able to define that. That’s, of course, the reg-making process, and that’s coming after this. So I can’t provide much more information to the member at this point.
A. Walker: I guess the challenge is one that comes back to business certainty. We have in our community some fairly large investments. I’m not going to give the name of the golf course, but at 1025 Qualicum Road, there was an application that was approved a couple of years ago for 225 tourism accommodation units.
The model of this is a little bit different than a time-share. I don’t anticipate it will allow for fractional ownership. There may not even be the ability for the owner to stay in the owned unit, as a pooled investment. The concern is just where that lands as far as what a time-share is. I’m receiving texts and emails from people in my community that are a part of investments that are in the tens or more millions of dollars. They have a lot of uncertainty right now.
The concern that I have for my constituents is waiting, potentially, until May. I’m not sure what the timeline is for these regulations, when they come into effect, but the longer we wait, the more uncertainty there is.
Just seeking: as we define time-share, will that include a component of fractional ownership? Is that a requirement? Will that include a requirement that there be a portion where the owner would actually stay at the unit, or could it just be a pooled investment?
Hon. R. Kahlon: I appreciate the member’s advocacy on behalf of his constituent.
I would say that we expect the regulations to come forward this fall, so there won’t be a big delay for the member. If he wants to bring a specific type of time-share to me, I certainly will make sure that, once I’m able to, I’ll give him a definitive answer.
A. Walker: I recognize the challenging situation as regulation is being drafted. I just want to reiterate the impact that has on tourism-dependent communities like Parksville-Qualicum, where this investment for tourism accommodation doesn’t take the form of a traditional hotel. So it’s creating some challenges.
In the same vein, I’m wondering how the consideration would be for bed-and-breakfasts.
Hon. R. Kahlon: I’ll get the answer to the member’s bed-and-breakfast question.
I’ll just say that I’m cautious to say something specific because, as there are so many models, I don’t want to say something that gives somebody the wrong information. I can say, generally, that in most cases, we expect that strata hotels will be exempt from the principal residence requirement but will still be required to register. I say “in most cases,” given that there are different models. I don’t want that to be seen as a definitive piece. I’m just trying to give the member some assurance of, generally, where we’re trying to go.
Even in areas where the principal residence requirement applies, so long as the owner of the B and B resides on the property, they will continue to be able to operate. However, they may need to register their listing.
A. Walker: Similar questions to before. I’m thinking of a development that was recently approved in downtown Qualicum Beach. It was a vacant lot in a commercial zone. It has now been rezoned to allow for commercial on the ground floor, one floor of short-term rentals, and then the primary resident would live above. This is an innovative model that we were hoping to see more of in our community.
For property owners like this who have the zoning in place, who likely are working through the process of financing, what should I, as a representative, communicate to them as far as what they should be communicating to local governments? I know that clause 15 will talk about exemption of land, but on case-by-case bases like this, where the geographic criteria probably will not be met, what can I share with constituents that have approved projects that have yet to be developed?
Hon. R. Kahlon: Again, I’ll leave it to the member to give advice to members in his community around investments. But people generally have an option of either selling the condos to people who are looking for homes or, of course, renting them in the long-term market. So those would be options for any investors that are looking to do something within communities that have principal residence requirements.
A. Walker: I guess the challenge is details. These units are not really designed and built to accommodate for long-term stays — so limited storage capacity. Parking is probably not there and kitchen facilities much more reduced than you would see in a traditional residential unit. These were purpose-built, short-term rentals that went through an approval process through local government, following the requests from our local tourism association and local governments to try to create more tourism accommodation.
This particular unit that I’m thinking of I believe has a residency requirement that nobody is allowed to even stay in the unit for longer than 42 days. So it’s not exactly the type of unit that would be easily converted into a residential unit.
I recognize I don’t want to ask the minister to provide investment advice, but I’m just wondering: what does somebody in this circumstance do? They’ve got a building that’s already preapproved. It’s addressing a need in our community. It won’t fit into the geographic exemption that we’re going to discuss later in clause 15.
I guess the question would be: is it the intention of this act to prohibit this type of creative tourism accommodation?
Hon. R. Kahlon: Again, I certainly won’t be giving anybody advice, so hopefully no one is taking it as such. I know the member won’t be giving advice either, other than to say that any projects…. Any investors that are looking to make investments in a community…. Of course, if you’re going to invest in a hotel, we need the hotel capacity. I think that’s certainly an option. But my hope would be to see people making investments in accommodation for long term and/or creating opportunities for condos to be sold.
A. Walker: Thank you to the minister. I guess this is one of the unintended consequences. This lot is too small to accommodate a full-service hotel. This property owner would have invested significant time and money into a process that was, up until recently, approved. But that is just the nature of the beast, I guess.
A similar use, as defined in the prescribed accommodation service…. It mentions specifically “in exchange for a fee.” That made me think of another short-term rental that exists in our community, and that is of WWOOFers, agricultural stays that are generally less than 90 days in exchange for work on a farm. I’m wondering if it is the intention that these will be prohibited.
Hon. R. Kahlon: Thanks to the member for the question again. The policy intent is not to interfere with farmers’ revenues from STRs. On farms, farm stays or agritourism and tourism accommodations can be a key source of revenue for farmers.
There’ll be more information in the regs related to that.
A. Walker: Well, that’s interesting. So if an agricultural property obviously allowed by the ALC and allowed by local government…. Not creating some precedent here, but if an agricultural facility had Airbnb or VRBO or similar opportunities and they had more than one unit, is it my understanding that that restriction will not exist on agricultural activities, full stop?
Hon. R. Kahlon: The ALR already has criteria. It includes PR requirements, primary residence requirements, and limits on the number of rooms rented and lengths of stay.
K. Kirkpatrick: Does the ministry know the potential impact to those people employed in B.C. in short-term-rental-related services?
Hon. R. Kahlon: I was so surprised to see some additional faces on the other side.
I think, first, it’s important to highlight that short-term rentals are still here. They’re not gone. Every question kind of gets framed as in: everything is gone, and what are the impacts? It’s important to highlight that short-term rentals will still be present in communities.
That means long-term properties will still need property managers. It means that the services around cleaning will still be needed in communities. We know we have labour shortages, so there will be other opportunities that come with that.
This question goes to the same premise as we had earlier. We know that there are impacts and that there are some businesses that operate in communities, but it’s hard to know exactly, when the data is not shared across the board.
When we first approached UBCM and our partner communities, they highlighted for us the challenges that they’re dealing with. The first one was data. They all complained to us that there was a lack of data. Even those that had agreements in place and even those that had rules in place couldn’t get access to data. It was really challenging for them to know what was actually happening on the ground in their communities.
Now, with this legislation, we will have data. Local governments will have data. So we’ll be able to assess the impacts on communities in a much more definitive way than hoping that some of these short-term rental companies, out of the goodness of their heart, will share information with us.
K. Kirkpatrick: Thank you to the minister.
We are also looking forward to seeing real data so that decisions can be made.
On the definition of “platform service.” I would just like to clarify that we are only referring to platforms that actually manage the financial transaction. So a platform service wouldn’t be Facebook. A platform service in….
Am I using the right term? Platform service, yes.
It refers to payments in relation to short-term rental accommodation. It doesn’t actually process the payments or facilitate the payments. It doesn’t fall under that definition.
Hon. R. Kahlon: The member’s description would be accurate. All platforms are covered by this legislation. All hosts are covered by this legislation. The specific item that the member refers to…. Her description is accurate.
K. Kirkpatrick: A host would still need to abide by this, even if they are not using the platform prescribed in the act?
Hon. R. Kahlon: Yes. That’s correct.
A. Walker: Sorry to the member for West Vancouver–Capilano. We’ll eventually figure out this tag team.
I’m just thinking back on the agricultural restrictions. The minister mentioned that the ALC or other regulations will limit the nights stayed or number of units or anything. For absolute clarity, does that mean that these restrictions will not apply to agricultural lands?
Hon. R. Kahlon: As I mentioned to the member, the ALR already has the criteria in place. It already exists outside of the legislative framework that we have now. The criteria includes primary residence requirements, limits on number of rooms rented and lengths of stay. That already exists.
A. Walker: I thank the minister.
I guess the challenge is I can think of…. I mean, maybe they’re non-conforming, a polite way of phrasing that.
Interjection.
A. Walker: No. For this, I will not.
I guess the question is, though…. I can think of, in my community or near my community, farms that rely on this. I’m just trying to think if they have multiple, whether they’re yurts or whether they’re temporary, dwellings that would traditionally fall underneath this act or more purpose-built units that may be temporary that fit underneath the restrictions of the agricultural land reserve. I’m wondering if the minister is saying that this act will not apply to those.
Hon. R. Kahlon: The member is trying to drag me into the regs conversation. I’ll just, respectfully, say one more time: I can’t get into the regs conversation. I can say what I’ve already shared with the member, which is that our intention is not to go into that space. But it will require some pieces in regulation, which are coming later in the fall.
Clauses 1 and 2 approved.
On clause 3.
K. Kirkpatrick: In March, Destination Vancouver estimated that 20,000 new hotel rooms would be needed in the region by 2050, at least 10,000 of which must be built in Vancouver. Because this does relate to the removal of short-term accommodation from the market, can the minister explain what’s being done to address the additional strain that this legislation will play on hotel stock?
Hon. R. Kahlon: I think it’s important, at this point, to highlight that Vancouver had a principal residence requirement in place. So in fact, our legislation is just giving a tool to ensure that Vancouver’s law they had in place is actually being enforced. I think that’s an important piece to highlight, given that this is a Vancouver question.
Now, it’s also great to hear from the city of Vancouver that they’ve got 1,100 hotel rooms that are in the development pipeline for Vancouver. I think everybody would agree that’s good for the tourism industry.
For the record, I should also highlight that Walt Judas, the CEO of Tourism Industry Association of B.C., highlighted:
“One of the biggest challenges for tourism operators in hiring workers is a lack of available and affordable housing, largely due to the proliferation of short-term rentals in B.C. So we’re very pleased with the legislation introduced by the province that will lead to a healthier balance between homes for tourism workers and visitor accommodation while also allowing municipalities the flexibility to use the tools they need to manage short-term rentals.
“TIABC applauds government for listening and acting on several recommendations brought forward by the tourism sector to address housing shortages in visitor-dependent communities.”
K. Kirkpatrick: Thank you for that answer.
To follow on to what the minister just said, if I understand correctly…. If that is the case, why have exemptions been given to the 14 tourism municipalities in B.C.? Wouldn’t they also be in a position where those municipalities are having a trade-off between short-term rentals and their own staff?
Hon. R. Kahlon: Certainly it’s a challenge I have heard from those communities as well. I would not be surprised if some of those communities choose to opt in to that. That’s why we built in the flexibility for them to opt in.
Many of those communities have been on the front line of trying to grapple with this challenge for a long time. I hear from them often about the challenge that they have for their workforce. But as Walt said, we wanted to make sure we listened to them. They wanted some flexibility, so that’s why the legislation is built this way.
I certainly would be happy if they opt in, but those are conversations that are happening in communities right now.
K. Kirkpatrick: Just a few more questions with respect to that hotel stock. I’m happy to hear the city of Vancouver is going to have 1,100 more hotel rooms coming online. Is the minister aware of the price point of those 1,100? What kinds of hotels are they in? What I’m trying to figure out is: are they family-friendly in terms of rates and access for families travelling?
Hon. R. Kahlon: I can’t give the member specifics, because these are numbers that Vancouver shared, other than to say that my understanding is, from the tourism industry, that they understand that they need to build differently.
They understand the standard one-bedroom structure that many hotels used to have is okay for some but others want more flexibility. They want rooms that connect. They want multiple bedrooms. They want a whole host of other things. The tourism industry knows this better than I do, but they have shared with me that they understand that they have to change in the way they structure their accommodation.
It’s something that I can request from the city of Vancouver — what kind of rooms the hotel rooms are, etc. But I can say that there’s a real recognition that what people want and the behaviour of tourists and their needs have changed.
We have one of the best tourism industry leaders, especially across British Columbia, across the country, and they have been really responsive to the needs of those that come to British Columbia. I suspect they will continue to do so.
K. Kirkpatrick: Thank you to the minister. I would ask if the minister would be able to get that data to us in writing, once it is determined, in terms of those types of hotels. Will he commit to providing that?
Hon. R. Kahlon: I would advise that because it’s the city of Vancouver, the member could directly ask the city of Vancouver. I’m sure they would happily provide that information if it’s not already available to them. That might be a quicker way of getting the information the member is trying to seek.
K. Kirkpatrick: Thank you to the minister. I find sometimes we end up with different data, depending on who is asking and what you’re working with. I will let that one go.
Families are contacting me, saying this is really impacting their ability to have a vacation this year, certainly to have a vacation in B.C. There are many families who have already booked in the Okanagan and various places for the summer. As we know, this is coming in prior to the summer, so there will be an impact on those people who have already booked.
My next set of questions is related to family travel. Does the minister know the average price per night of hotel accommodation in Kelowna, Vancouver and Surrey?
Hon. R. Kahlon: I can’t share with the member at this point what that is. I’m sure the member is on the app right now and looking for what that is. I can share, because the member mentioned the Okanagan, that Kelowna, West Kelowna, Penticton and many other communities have principal resident requirements already. The legislation that we’re discussing now is just enforcing the rules that they’ve already set in place.
K. Kirkpatrick: Thank you to the minister. We know, again, that a lot of accommodation for families travelling has been lost during the pandemic. Is the minister able to clarify? Through the purchasing of what previously was family-affordable and family-focused accommodation in motels and hotels such as the Travelodge, how many units have been lost for vacation rental for families because they have either been leased or bought up by B.C. Housing?
Hon. R. Kahlon: I knew this question was coming, thanks to my team here. So 1,127 hotel or motel units since 2020 have been purchased by the province.
K. Kirkpatrick: During that period of time when these units were being purchased and now, when we think back on the impact that that has had on travelling families, how does the minister justify removing more family-friendly accommodation from the market? How would he recommend that families afford to actually come and visit parts of British Columbia?
Hon. R. Kahlon: I would justify it in a way that would be that we had, coming out of the pandemic, a surge of people who were struggling to find accommodation for themselves to live in, who had needs related to mental health because of the challenges coming out of the pandemic.
I think the member…. Maybe “justify” wasn’t the right word. But I think we can all agree that any government — whether it’s ours or any government — when they have a population that’s struggling, would do whatever they can, especially through a pandemic, a crisis that the world was dealing with, to ensure that they can continue to provide people with supports.
If the member is wondering if I have regrets on that, the answer is no. There are no regrets. We did what we had to do to ensure that people could get indoors, and that’s always going to be a priority for us.
That being said, we know that there’s going to be a need for more accommodation services in some parts of the province. As I highlighted…. And Vancouver is just one example. Victoria shared with me that they also have hotel units that are in the pipeline. I suspect that the market will continue to respond, to ensure that we have the amount of hotel space that we need to meet the demand.
On the flip side — the member mentioned Penticton, mentioned the Okanagan — I have been getting messages from people as well, people who operate restaurants in Penticton, in fact, who said their bar could not even operate into the evening because they had no staff, no workforce housing. They couldn’t operate. It was great that tourists were coming, but if their business can’t remain open because they can’t find accommodation, then what’s the value for that business?
I think that’s a long way of saying…. We did buy, in some communities, older motels to provide housing for the most vulnerable people in our populations. We have no regrets about that.
K. Kirkpatrick: I will agree that “justify” was not the correct term. I do believe “rationalized” would probably be more appropriate.
There is some…. I don’t know if it’s irony. The 1,100 units coming online seem to be offset by the 1,000 that have come offline in terms of accommodation. Those coming on are going to be, very likely, at more luxury rates and not really accessible for families.
I’ll move to, I think, a really significant…. Actually, I do want to also address something that the minister said.
We know that people needed housing, and they needed it urgently. We fully support that we need to take care of our most vulnerable citizens. So suggesting that this is an either-or doesn’t represent the situation.
What we need to know in government, as the minister knows…. You cannot make one policy or one piece of legislation without anticipating that there would be impacts in other areas.
When I asked the question to the minister about…. How are you mitigating that? Surely, there was an understanding that when you are removing hotel and motel accommodation, there’s going to be a deficit that is going to have to be made up somewhere. I am not hearing the minister explain how that was anticipated, rationalized or what is in place in order to add that stock back and then add more.
This is now leading into the next question. Has the minister assessed the impact that this legislation will have heading into FIFA 2026, as demand for hotels will surely skyrocket at that point?
Hon. R. Kahlon: Again, comparing two different times, I mean, at this point is much easier. Certainly, when you’re in a pandemic and you’re in a position of leadership and circumstances are in front of you, you’ve got to make decisions. You’ve got to move. You’ve got to move swiftly.
I believe the decisions we made were the correct ones. It was prioritizing the most vulnerable people in our community, prioritizing people in our communities, our loved ones, to make sure that they had the supports they need.
The member equated the 1,100 units to Vancouver bringing 1,100 on. I don’t think that’s a fair assessment, given that the amount of units we purchased in Vancouver was just over 300, and now we have 1,100 units coming online. So it’s not apples to apples.
When it comes to FIFA, I would say that it’s good news that we have 1,100 units coming online. I suspect that now that we have some certainty, that number will increase.
Also, when this short-term rentals debate or the housing debate was happening in Calgary, for example, I was following their deliberations at the council level. There was a lot of discussion about short-term rentals and, in particular, around short-term rentals when it comes to the Stampede.
What they found was…. When that one event happens, there’s a surge of new units coming online on these platforms, where people say: “You know what? I don’t want the craziness and the busyness of town. It’s my home, but I’m going to leave for a month and just put it on some of these sites.”
I think it’s going to be a combination of the 1,100 plus more. We’re going to need more. As well, we’re going to see folks who have their primary residence say: “Hey, this is an opportunity to make some bucks. We’re going to go out of town for a little bit of a holiday and put our units online.”
I do believe we’re going to meet the test. There’s a lot of excitement, which I’m also excited about, about having the ability to host these games. I do believe we’re going to meet that test to make sure that anyone that comes to British Columbia has the B.C. experience that we all want them to have.
K. Kirkpatrick: Thank you to the minister. Was there a conversation with the organizers of FIFA, prior to government signing on to support FIFA, in terms of a commitment to providing accommodation for those people travelling here?
Hon. R. Kahlon: If the member is wondering if I got the okay from FIFA to bring this legislation in…. I don’t talk to FIFA myself. We don’t make decisions in British Columbia on the basis of what FIFA thinks is the right thing.
Now, that being said, the Minister of Tourism, Arts and Culture has been actively engaging with our community partners, those that are, obviously, very excited about the opportunity that FIFA brings.
That goes to my previous answer as well. We’re going to see the 1,100 units that are in the pipeline, which is good news. I suspect we’re going to see a market response, with the certainty now. Those that weren’t sure about making an investment into hotel-style accommodations will, perhaps, now make additional investments.
We’ll also see people who want to escape town and who are willing to put their own personal home or their unit up on short-term rentals.
K. Kirkpatrick: My question wasn’t whether the minister was getting permission from FIFA prior to looking at this regulation. My question was around the commitments that our community had to make in order to even qualify to be considered to be a host city for FIFA.
One of the criteria that FIFA looks at, as does any large event that’s coming to any community, is…. Prior to even being considered, there would have had to be an understanding of available accommodation and available ability to bring people here and make sure that they are going to have accommodation to attend the event.
Is the minister aware that any commitment had been made to FIFA, prior to being considered as a host city, with respect to accommodation?
Hon. R. Kahlon: I’m sure that if this was a priority for FIFA, they would have noticed that Vancouver has a principal residence requirement already in place. Our legislation merely enforces the rules that Vancouver already has in place.
K. Kirkpatrick: If Vancouver, however, in anticipation of FIFA 2026…. I’m using FIFA because it’s something that everybody understands. There are many other world-class events that are coming here in the next few years.
Vancouver would no longer have the ability to remove that requirement for the ability to host an event like that. They could, up to this point, have waived the requirement during that large event. They’ll now no longer have the ability to do that. Is that correct?
Hon. R. Kahlon: I’m not aware of Vancouver’s plan of removing a principal residence requirement for FIFA. If the member is aware of that…. I’m certainly not aware of that, so I can’t speak to a hypothetical that may be there — they could, they should or they would have done this. I can just state the fact, which is that they have a principal residence requirement. They have a population, like many parts of British Columbia, where there are people who desperately can’t find accommodation.
If I were looking at it from the other perspective, I would say the rules we put in place, the legislation we put in place will actually help, because the tourism operators will actually have the ability to have some of their workforce have accommodation themselves, because if you don’t have a workforce, you can’t welcome the world.
So focusing on our people I think is the right thing, not only because people of British Columbia put us here but also because when we have that accommodation available for them, they’ll be able to operate the tourism businesses that are vitally important for the tourists that arrive here.
K. Kirkpatrick: We’re having a bit of a circular conversation here. It’s the chicken and the egg. I will say that I have not had a conversation with the city of Vancouver. I do not know what their intention is. It was only hypothetical in that if they did that, what would be the outcome? That’s not hypothetical. An issue like that could occur.
On the ministry’s website, with respect to talking about FIFA, there’s an anticipation of 269,000. I believe that was the number put out there in terms of people visiting Vancouver, with the majority of those people being from outside Canada and the United States.
The last statistic I saw in terms of available hotel rooms was about 23,000 in the city of Vancouver. Now we know we have 1,100 new ones coming on and 300 going off. But how can the province move forward, working with an event like this, with that delta between what we’ve got and what we’re going to need? Was that anticipated?
Hon. R. Kahlon: Yeah. Vancouver’s vacancy rate is 0.9 percent. That’s very significant. As much as the mayor and council would love to have all the account mitigation that they want, I’m confident to say — even they would say — that the people of Vancouver, certainly the people who are struggling to find accommodation to live, would be their priority. I can say that with some confidence because I’ve had many conversations with them around this.
Now, I’ve already shared with the member that there are 1,100 units in the pipeline. I suspect we’re going to see more come through, because there’s going to be a market for it. Usually, this type of thing, this type of legislation, this type of certainty will send a market signal, and I suspect that people are going to see there’s an opportunity to bring on some hotel capacity and support the community.
We’re also going to see people not all stay in downtown Vancouver. We’re going to see people come and stay in Richmond and other parts of Metro Vancouver. Also, people are going to come in and out. It depends on who’s playing. So it’s hard to predict exact numbers, given all those conditions.
I certainly hope that many of the other teams we play have short exits and find their way out and that it’s our team that continues to go on so that our locals can truly appreciate and enjoy those games. But we still don’t know how many games we’re going to get. So there are a lot of variables that we don’t know. Certainly, we are looking forward to hearing from the organizers. That will provide us more certainty on what we need to do as we go forward.
K. Kirkpatrick: Thank you to the minister. I’m glad I’m hearing the minister say that the province and he are very alive to the issue and that they will be listening to the community and those in the hospitality sector and the special events sector for input in terms of what can be done to manage that.
Does the minister have a dollar figure, I guess, or close to an estimate in terms of the additional FIFA tax that has been applied in hospitality? How much of that has been earned off Airbnb that is going directly to fund FIFA?
Hon. R. Kahlon: Yeah, I appreciate this is a little bit more like estimates. It’s Tourism, Arts and Culture that focuses on FIFA. So although I appreciate the member’s questions and I understand the angle that she’s taking, this is data that I simply don’t have.
Clauses 3 to 5 inclusive approved.
On clause 6.
K. Kirkpatrick: This is the clause dealing with the requirement to register with the province. Can the minister explain or set out what is to stop providers from simply not registering?
Hon. R. Kahlon: I suspect we’re going to spend a lot of time on this type of question in sections 19 to 31, because that’s the section of enforcing.
I’ll say, on this section…. First off, it would be the law. Certainly, someone could try to break the law.
This legislation puts a level of requirement on the platforms to validate registration numbers and remove any housing unit that doesn’t have an accurate number from their site.
K. Kirkpatrick: Thank you to the minister. Since we are largely adopting the Vancouver model…. We know that Vancouver has a 32 percent rate of non-compliance. That comes out to just about 1,300 unlicensed listings.
Does the minister expect the number of unlicensed listings to change under this act?
Hon. R. Kahlon: I believe we’re going to have a lot more success with this than the city of Vancouver has been able to do, mainly because there’s, in this legislation, a requirement, on the platforms, to verify and remove any listing that does not meet the requirements. That was something that didn’t exist. That’s where the challenge was, from Vancouver’s perspective.
Because this legislation puts that requirement on them as well as the host, we believe we’re going to have, obviously, a great deal of success with the legislation.
K. Kirkpatrick: Thank you to the minister. What resources and procedures will be in place to stop individuals from using fake registry numbers to trick the platforms and to trick the regulator?
Hon. R. Kahlon: To the member’s question, there will be data-sharing agreements in place. We will be able to ensure that the data required by the platforms to ensure that the correct listings are on or have to be taken off…. That data is available to them.
K. Kirkpatrick: Now, the deadline for registration is six months after the database is established. Could the minister confirm the earliest we would see any enforcement of the database? Would that be the summer of 2025, perhaps?
Hon. R. Kahlon: I can share this slide with the member after. That just shows the different phases of implementation. The first phase is obviously the principal residence requirement. Then, in the summer, the data-sharing agreements will kick in. Local governments will be able to get the data on what short-term rentals are in their communities. That’ll be the first point of enforcement.
I think it’s important to note that there’ll be significantly more fines available, because right now, we heard from local governments that some thought it was just the cost of doing business, $1,000, so going to $3,000 per day, per infraction. Having that data required for the province will be the first point, and then late in 2024 when the provincial registry kicks in, in requirements for the platforms to be able to check, etc., will kick in.
K. Kirkpatrick: Thank you for the answer.
Following a fatal Airbnb fire in Montreal, the city of Calgary is now requiring additional information during their registrations, related to fire safety. Is this being contemplated — any measures related to this being contemplated here?
Hon. R. Kahlon: Local governments have the ability, through their business licence piece, to put in additional requirements that they feel are appropriate for the safety of those that will be using the short-term rentals.
K. Kirkpatrick: Thank you to the minister. Would the province not be able to set as a requirement in this legislation that the municipalities actually do that?
Hon. R. Kahlon: I appreciate the member’s question.
That type of specific requirement is not contemplated in this legislation. But of course, that level of safety that we all want to see in our communities is something that I’m confident local governments will be apprised of.
K. Kirkpatrick: Thank you to the minister.
This is actually a question to the Chair and minister, if I might request a five-minute break.
The Chair: We finish at 6:30 today. Let’s plow ahead, if it’s okay. One or two questions, and we’ll wrap around 6:15 and report to the Speaker.
Clause 6 approved.
On clause 7.
K. Kirkpatrick: Which platforms will be expected to register?
Hon. R. Kahlon: The platform requirements apply to STR platforms that perform various functions to not only display STR listings on behalf of hosts but also facilitate transactions, including by collecting and processing payments.
K. Kirkpatrick: Will the minister share what the names of those platforms are that have been identified by the province?
Has notice been sent to those providers? I mean, there are the obvious, Airbnb and VRBO, but is the list greater than that?
Hon. R. Kahlon: I can give the member some examples: Airbnb, VRBO, Booking.com. At this point, no notification has been sent to them.
Perhaps after legislation passes and gets support, maybe some information will be sent, but not at this point.
K. Kirkpatrick: Just for clarification, so Booking.com. This would bring in Expedia and canoe or Kayak, whatever it’s called, and all of those other hospitality, hotel-booking sites?
The Chair: If you could ask it again, because we were just going through the mechanics, I’m sure the staff and the minister would appreciate it.
K. Kirkpatrick: Okay, now I have to remember what the question was.
The minister referenced Booking.com. Should I anticipate, then, other services, Expedia and…. Is it Kayak? I think it’s Kayak, and all those other hotel-booking sites. I have noticed that they are very often listing — Airbnbs — whole-house rentals now on some of those platforms. Will they be reviewed as well?
Hon. R. Kahlon: Yeah. Any platform that performs various functions to display STRs would be captured in this. Not if they display just hotels, but if they are displaying STRs, then they would be captured in this.
K. Kirkpatrick: I’m not trying to be difficult on this one, but the minister did mention Booking.com. You start to pull this thread, and it goes a long, long way in terms of who is impacted.
How will the Ministry make a determination as to whether they need to enter into an information-sharing agreement with the platform? As I mentioned, Expedia is one that I have looked on and have found what would meet the definition of a short-term rental on there.
How will government determine who those are? They’re not going to, I presume, self-declare to you. You’re going to have to come looking for them.
Hon. R. Kahlon: It’s a two-part. Local governments have a really good understanding of which platforms are operating. Maybe not how many units are operating, but a sense of who the players are that are operating in their communities. So that’ll be an important partnership.
I think it’s important to say that any business that wants to operate in British Columbia needs to operate within the laws of whatever jurisdiction their business is operating in. So there will be a requirement of those businesses to conform to the law of our land and to work with the province and have the proper licences that are required to be able to operate within the jurisdiction. So it’ll be a two-part piece.
With that, I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:22 p.m.
The House resumed; Mr. Speaker in the chair.
Committee of the Whole (Section B), having reported progress, was granted leave to sit again.
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Hon. M. Rankin moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stands adjourned until 1:30 p.m. tomorrow.
The House adjourned at 6:23 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 31 — EMERGENCY AND DISASTER
MANAGEMENT ACT
(continued)
The House in Committee of the Whole (Section A) on Bill 31; F. Donnelly in the chair.
The committee met at 1:36 p.m.
On clause 5 (continued).
The Chair: All right. Good afternoon, Members. I’ll call Committee of the Whole on Bill 31, Emergency and Disaster Management Act. We are on clause 5.
L. Doerkson: I think we’re nearly through that clause, Chair. Thank you very much.
I have one last question with respect to the compliance issue. Before the break, we were talking a little bit about what may be levied against some of these individuals that would be involved in this compliance. I wondered if I could just get a sense. I know that number is perhaps evading us, but are we going to see similar penalties as to what we see in clause 153 in this?
Hon. B. Ma: Section 153 outlines the penalties for offences under section 150. It does not include section 5. The compliance penalties would be administrative monetary penalties. For section 5, it would be set out in regulation, as enabled by section 146.
M. Lee: I wanted to ask the minister to give her the opportunity to clarify one of her previous responses, which was that emergency orders, certainly as contemplated under section 5 of Bill 31, do not apply to Indigenous governing bodies. Then she stopped her response there.
The clarification is if she’s referring to the application of subclause 1(2), it would be unless the Indigenous governing body consents. Is that correct?
Hon. B. Ma: Yes. That is correct.
M. Lee: With the interplay of subclause 1(2), which I just referred to, and clause 5, sub 5(6) says: “The minister may not make an order under this section in relation to the Nisg̱a’a Nation’s or a treaty first nation’s powers or duties under this Act.”
There’s no specific reference to Indigenous governing bodies here. Is this language more for greater certainty? Presumably, the Nisg̱a’a Nation or a treaty First Nation would have recognition as an Indigenous governing body. Or is there something separately dealt with under subclause 5(6)?
Hon. B. Ma: The definition of “local authority” in this act includes the Nisg̱a’a Nation or a treaty First Nation. As part of the treaties, the treaty First Nations have the rights, powers, duties and obligations of local authorities.
Then there are sections of the bill which we apply to local authorities but intentionally carve out treaty nations. This is an example of a carve-out to emphasize that this section of the act does not apply to the Nisg̱a’a Nation or a treaty First Nation.
M. Lee: I appreciate the response from the minister and that clarification. In terms of subclauses 5(7) and 5(8), it sets up a process where the minister may request the Nisg̱a’a Nation or a treaty First Nation to take the action contemplated under subclause 5(2). Then if the Nisg̱a’a Nation or a treaty First Nation does not intend to comply with the request, then it sets out, in writing, reasons for not complying.
On this mechanism that is established here, I would like to ask, first: what is the purpose of this mechanism? Secondly, was there any consideration of deploying a similar mechanism when it comes to Indigenous governing bodies? If not, why not?
Hon. B. Ma: Subsection (6) is there in recognition that treaty nations are not subject to the same rules as other local authorities. It’s basically to provide deference to the unique relationship we have with them as treaty partners.
In subsection (7), that mechanism is consistent with what has been agreed to between the province and treaty nations, directly through our consultations, as we were developing this legislation. Subsections (7) and (8) are reflective of our consultations with treaty nations in the development of this legislation.
To the question about whether a mechanism like this was contemplated for IGBs, the answer is no. Bill 31 does not confer powers or impose duties on Indigenous governing bodies.
M. Lee: Thanks for the response from the minister. Just one other question about sub (8). To understand the nature of the relationship, as to how this bill will be implemented — in terms of the reasons, in writing, for not complying with the request — will the nature of those written reasons be a matter of public disclosure?
Hon. B. Ma: There’s no requirement under Bill 31 that those reasons be published. If government were considering making those letters public, we would certainly be conferring with our treaty partners on it.
Clause 5 approved.
On clause 6.
L. Doerkson: Under clause 6, I want to get a better sense of how many committees might be appointed in the next year. I want to understand: will they take the place of anything that’s existing now with respect to the task force? If I could just get clarity on that.
Hon. B. Ma: We do currently have the emergency task force that has been tasked at looking at this past wildfire season. We expect that task force’s work will be the priority right now. When that task force delivers its recommendations — we’re anticipating that to be by spring of 2024, for implementation into the 2024 wildfire season — and when the work of that task force is complete, that’s when we would be turning our minds to whether or not another committee might be required.
We don’t have in mind a specific committee right now. This is largely a section that enables the creation of a committee and the ability to provide for reimbursements to committee members if one were struck. But we don’t have one at this time that we’re preparing.
L. Doerkson: Just to confirm, then, it is only the one task force that’s currently operational.
I guess the minister sort of anticipated the next question that I was going to ask, just about reimbursement. I guess it would be safe to say that all of these committees would be a paid position, with, obviously, the distinction of individuals that are not employed already in some way by the government. So other individuals that might be working on that. If the minister could just confirm those two things for me, that would be great.
Hon. B. Ma: The expert task force is the only committee that is currently active, relating to emergency management, that involves external members. Certainly, we have many committees internal, like deputy minister committees, and other public committees within the public service that focus on various aspects of emergency management, various tables that are active.
But this provision really is about reimbursements — or to enable the striking of committees and enable the provision of reimbursements and remuneration for members of a committee that would be outside of the public service.
It’s really…. I’ve forgotten maybe part of the member’s question. So maybe I’ll end it there, and if there are parts of the question that I haven’t answered, the member can remind me. Sorry.
Clause 6 approved.
On clause 7.
L. Doerkson: Thank you. You answered the question that I was looking for, so we’ll move along to clause 7.
Under this clause, what I’m hoping for is a clear definition of what emergency resources this ministry may be acquiring.
Hon. B. Ma: The phrase “emergency resources” actually is defined back in section 1. It’s defined as “any personnel, supplies, services, personal property, equipment and facilities that are necessary or advisable for the purpose of taking emergency measures and does not include land.”
Some examples might be…. During the pandemic, the N95 masks. Water purification tablets. It could include equipment like generators or excavators, as well as facilities like recreation centres that could be used for shelter of people evacuated from an area. Services provided by an individual who is qualified to provide a service could also be considered an emergency resource. Those are just examples, not an exclusive list.
L. Doerkson: All of that answer was perfect.
I guess the one question I do have about that answer is I was surprised to hear about excavators and such. I could appreciate that under or through certain functions of this ministry, ESS, etc., we might be renting gymnasiums or ice rinks and that kind of thing for lodging. But I was surprised to hear about equipment.
So what capacity will this ministry play with respect to those types of items? I would have thought those items would fall under other ministries. So I was surprised to hear about this minister potentially securing those types of items.
Hon. B. Ma: There may be situations where EMCR may be using this kind of equipment more directly and other situations where…. This power provides government overall with an additional tool to procure various emergency resources, and that may be equipment to support other ministries in their response.
An example of where EMCR might provide for or use equipment more directly might be, for instance, during an earthquake if the ministry was coordinating more directly.
I’m sorry. I’m kind of thinking of some pretty horrible…. Unfortunately, horrible scenarios have played out around the world, but if the ministry required equipment to excavate building materials following an earthquake to recover people, that might be an example.
But overall, it provides government with an additional tool to obtain those resources if required for any kind of emergency response.
L. Doerkson: It does sound like that would be more of a supportive role but, potentially, it could be a last-ditch effort to secure, in certain circumstances, that kind of equipment.
Final question, I believe, on this clause will be: what can British Columbians and others expect as far as transparency in the procurement of any of these types of equipment or services?
Hon. B. Ma: If the emergency resources are acquired through the ministry’s statutory appropriation powers as enabled under section 10, there are reporting requirements, also under section 10. So there are public reporting requirements there. If the procurement is done through the ministry’s base budget, it goes through the estimates process.
Clause 7 approved.
On clause 8.
L. Doerkson: Outside of disaster financial assistance…. I mean, I can appreciate that we would obviously have relationships with the federal government on many different situations. I’m just wondering, though, what is sort of anticipated outside of that. How will this ministry be involved with the federal government outside of DFA?
Hon. B. Ma: Some examples of other agreements the province enters into with the federal government around emergency management, in addition to the disaster financial assistance program and our relationship with them through the disaster financial assistance arrangement program, include the bilateral services agreement that we have with the federal government. This is the agreement that we have entered into with the federal government to provide emergency management services for Indigenous communities on reserve.
I will note there is an intention to renegotiate that agreement to make it multilateral, because right now it’s just a bilateral agreement for the delivery of services on reserve. The agreement doesn’t include First Nations in that negotiation process, which is not very aligned with DRIPA. But that is a type of an agreement.
Another type of agreement that could be entered into under this section could be a collaborative emergency management agreement, if the federal government was a part of one, or other cost-sharing agreements.
L. Doerkson: Just a follow-up question on that. What would be the timeline to…? I mean, it’s obviously on the minister’s mind with respect to bringing First Nations into that conversation. I’m just wondering. Is there any sort of framework on the table now? Is that conversation ongoing with the federal government right now to solve that?
Hon. B. Ma: Timelines have not been firmed up. Certainly we are interested in moving those conversations along as quickly as possible. We have started conversations with Indigenous Services Canada and some of our partners. We’re awaiting timeline discussions with the federal government, I’ll say.
Clause 8 approved.
On clause 9.
L. Doerkson: I guess in clause 9…. This is a bit of a vague question. We’ve talked a little bit about the anticipation of incidents that may occur in our province. Frankly, under this clause, what I’m most interested in is understanding how your ministry will actually budget for these things.
I think we found, under definitions, my frustration around trying to have different communities and different local governments trying to anticipate these incidents. I guess what I’m wondering is — yeah, exactly that: how will you budget for this?
[The bells were rung.]
The Chair: I call recess. The committee is now in recess.
The committee recessed from 2:22 p.m. to 2:43 p.m.
[F. Donnelly in the chair.]
The Chair: Okay, I’ll call the committee back to order. We were on clause 9. The minister was about to respond.
Hon. B. Ma: Yes. Like every other ministry, EMCR will have to go through their budget development through the Treasury Board process, through the estimates process.
Certainly, for best fiscal management, it is incumbent on us to try to budget as closely as possible to what we believe the response costs for the fiscal year will be. That’s good practice, generally, to be as close as possible in order to limit unexpected impacts on government’s budget and limit unexpected or unanticipated impacts on the province’s fiscal health while not overestimating those costs because we don’t want to risk stranding assets.
That being said, EMCR, in addition to being able to budget and spend to that budget through the normal budgeting process, does have statutory spending authority enabled through the EDMA, as we did through the Emergency Program Act as well.
That statutory spending authority allows for the ministry to spend beyond the budget for elements of emergency management, whether they are budgeted or not. And that is what section 10 is about.
Clauses 9 and 10 approved.
On clause 11.
L. Doerkson: How many new officers and employees will this office have over and above what will come in through the current provincial emergency staff? Is there any indication of that under 11?
Hon. B. Ma: For greater clarity, EMCR, the Ministry of Emergency Management and Climate Readiness, is the provincial emergency management organization. So as a ministry, we already have a deputy minister. Subsection (2) adds a deputy minister, who will appoint within the organization a provincial administrator and also appoint officers and employees that the deputy minister considers necessary to assist the minister and so forth.
The structures are already largely in place, and since its creation in December 2022, we’ve been continuously evaluating, I guess, the sufficiency of that organizational structure, where we need to be bolstering resources in order to provide British Columbians the support that they require during emergencies.
Clause 11 approved.
On clause 12.
L. Doerkson: I want to understand fully clause 12(a). This phrase does refer to leadership provided by emergency management. I want to understand clearly: will this ministry be taking the lead on different incidents? I mean, will it be, I guess, overarching B.C. Wildfire and anybody that might be working with floods or earthquakes or whatever the tragedy might be?
This question is important because I wonder about the hierarchy. I think we did talk a little bit about this before, but I want to clearly understand: is this the place to go in a moment of any one of those emergencies that we’ll be leading the charge on fighting the fire, repairing the flood, etc.?
Hon. B. Ma: As a provincial emergency management organization, we lead the coordination of government’s emergency management efforts. It is very likely that we will be working in close collaboration across multiple ministries. There may be ministries that lead specific response elements to hazards.
As an example, the B.C. Wildfire Service is the lead entity on wildfire response and wildfire fighting response. However, as a coordinating entity, we may receive feedback about impacts to the agricultural community, as an example, prompting EMCR to also bring in the Ministry of Agriculture. We provide that coordination lead.
L. Doerkson: Just maybe one clarification on that. The word I’m seeing is “leadership,” and that’s the one thing I’m trying to understand better. I would think B.C. Wildfire would take its leadership from the Minister of Forests. Does that change in any way under this Bill 31 agreement?
Hon. B. Ma: To the member’s specific question about where the B.C. Wildfire Service would get their leadership and direction from, that does not change under the EDMA.
Clauses 12 to 15 inclusive approved.
On clause 16.
L. Doerkson: I just want to better understand what the disclosure looks like under this clause, Minister, if you could just clarify. Would we expect to see…?
I mean, the clause itself starts with suggesting that this will be published. I guess what I’m trying to understand is what information might be published, where it might be published. That sort of points to some transparency. I’m not…. I want a better understanding of where and what that might be.
[S. Chant in the chair.]
Hon. B. Ma: I’m going to be jumping through a few sections, because I think that it’s relevant to the question and kind of draws it together.
The question, as I understood it, was: in terms of the publishing of information, what kind of information could be published and where? In terms of where or how information is published, it depends a lot on the type of information, but for the purposes of responding to the question of where or how publishing happens, “publish” is a defined term under section 1.
It had defined it as: “‘publish’, in relation to anything that must be published under this Act, means to publish (a) in accordance with the regulations, or (b) if the regulations do not apply to the type of thing that must be published, by any means that the person who must publish the thing considers most likely to make that thing known to the majority of the population affected by the thing.”
I know. Legalese, right?
The member mentioned Facebook. Oftentimes the Internet and social media can very well be a place where publishing information that needs to be known by a large population of people affected by the thing being published…. Certainly, that is a very useful tool as well.
Again, the kind of information that is being published, really does vary. As an example, under subsection 16(b), it references information respecting, among other things, advice given by the minister or the provincial administrator under this act.
If we flip to section 67, it also discusses, under subsection (1), that for the purposes of responding to or recovering from an emergency, the minister may give advice and assistance to any person.
A very simple example of advice could be the advice that I repeated throughout the wildfire season for people to have an emergency grab-and-go kit ready, advice on where information can be found around evacuation orders or what to do during an evacuation order. Information could be so varied. It could even include that. But I’m happy to dive into any areas that the member may wish.
L. Doerkson: Maybe specifically, might we see compliance orders and fines published?
Hon. B. Ma: The member’s specific question is actually covered under section 146, so it is in there.
Clause 16 approved.
On clause 17.
M. Lee: The review, on an annual basis, with Indigenous governing bodies that are parties to agreements made under the act…. Will those agreements not have annual review provisions or other review terms to the agreements? Or is this particular clause meant to apply across the board and to be read consistent with the terms of those agreements?
Hon. B. Ma: Agreements that are made under this act could include provisions that allow for more frequent reviews or other review formats. What the EDMA sets out is that at minimum, parties to agreements made under the act are invited to meet at least once each calendar year.
Clause 17 approved.
On clause 18.
The Chair: At this time, we will take a 15-minute recess.
The committee recessed from 3:08 p.m. to 3:26 p.m.
[S. Chant in the chair.]
The Chair: I call Committee of the Whole on Bill 31, Emergency and Disaster Management Act, back to order.
We are on clause 18.
L. Doerkson: I want to spend a little bit of time here. We’ve talked a little bit about this under, of course, the definitions, but I do want to get a better sense of what local governments may be tasked with here.
I know that the minister has had a conversation with RDs and such. I certainly have. This is probably the part of the bill that most people are very concerned about. I think that concern really does extend to First Nations as well.
Simply put, under (2)(a), what may duties refer to? What could be included there, and how will those duties be defined?
Hon. B. Ma: The duties that a municipality or a regional district must perform under this act are set out throughout the act. It’s usually indicated by the word “must.” There are different sections. We’ll certainly run through them as well.
For greater clarity, this section is really about the geographical boundaries within which local authorities would have jurisdiction. It’s about defining the geographic boundaries. The duties that they would have to perform within those geographic boundaries are set out in the subsequent sections of the act.
L. Doerkson: Okay. We’ll get to them as we go through them. I had hoped we could just sort of chat about them now, as we did under definitions.
I do want to understand better, with respect to the municipalities…. I mean, in this section, it does refer to duties under this act. I can appreciate that there’s a long list of them. We’ve actually passed by a few of those duties.
In (3), it says that except as otherwise provided, a local authority’s responsibilities under this act continue to apply regardless of whether another person is responsible or not.
Does that responsibility fall to the local authorities in any way? In other words, if we have critical incidents, critical infrastructure, anything out there, is there a suggestion here that the responsibility will fall back to local government?
Hon. B. Ma: Subsection (3) clarifies the duties and powers of local authorities in situations where their responsibilities overlap with those of other persons and other regulated entities as well as Crown land.
It basically provides clarification that a local authority has responsibility under this act for areas within their boundaries regardless of whether it happens to coincide with another jurisdiction. It’s meant to ensure that jurisdictional overlap doesn’t lead to areas being missed or not acted upon. That’s the intention of the clause.
It is not intended to say that local authorities are absorbing the responsibilities of other entities. Rather, it’s just that their own responsibilities exist within the geographic area even if there is another jurisdictional overlap with another entity that happens to have the same geographic area and the same responsibilities within that.
L. Doerkson: I’m going to, maybe, ask again about this clause because, frankly, I interpret that a totally different way. It suggests that a local authority’s responsibilities under this act continue to apply regardless of whether any other person is responsible for performing duties.
We shared yesterday an example of, potentially, a First Nation that had a partnership with a power generation company, and that that would be critical infrastructure. If that First Nation and that power provider did not comply with Bill 31 in some way, do those responsibilities then fall upon the local government to be sure that that is looked after?
I’m guessing there are…. We just spent a little bit of time talking about compliance and how that might convince someone to perform those duties. But my biggest fear is that — whether it’s power or whether it’s connectivity, whatever that may be — if those duties are not completed, even through ways of compliance and other suggestions of, potentially, fines and those types of things, does it fall to the local jurisdiction to complete that work?
This suggests to me…. I mean, I’ll read it again: “Local authority’s responsibilities under this act continue to apply regardless of whether any other person is responsible for performing duties.”
That really suggests to me…. Unless the minister could change my mind, it suggests that those duties may fall to the local governments.
Hon. B. Ma: I think the scenario that the member is describing is, perhaps, where you have a piece of infrastructure and a critical infrastructure owner that has duties and obligations under the act, and they are not performing their duties and obligations under the act. The question is whether or not those duties and obligations would then fall on the local authorities to take up. The answer would be no.
What subsection (3) is describing is that the local authority’s responsibilities, which are different from a critical infrastructure owner’s responsibilities, under this act will continue to apply regardless of whether there is a conflicting jurisdiction with another, perhaps local, authority or another entity, or other persons that have those same responsibilities as a local authority.
So the local authority has responsibilities under the act. Those are separate from a critical infrastructure owner’s responsibilities under the act. The responsibility would not transfer over to the local authority if the critical infrastructure owner was negligent or not in compliance.
L. Doerkson: Then I guess the natural question would be: who will be responsible for that work? If it’s not being done, if it’s not happening under compliance or if there is some issue and that responsibility doesn’t fall to the local authorities, who will complete that? Who will lead the charge on getting that work done? Will it be the ministry?
Hon. B. Ma: There are no provisions in the EDMA that shift duties and responsibilities from one entity to another. In bringing a critical infrastructure owner into compliance, our first step would be to work with them to achieve voluntary compliance.
If voluntary compliance efforts are not effective, that’s where escalating enforcement measures would come in. Those would be the enforcement measures that are referred to in part 8.
L. Doerkson: Well, we haven’t fully understood those enforcement measures that might be taken. Perhaps the minister might describe those measures as being fairly drastic or severe. I’m just wondering because we have discussed this on a few occasions. I’d like to better understand what those measures might look like.
Hon. B. Ma: Again, it is our understanding that the vast majority of critical infrastructure owners recognize the importance of emergency management and business continuity plans. I don’t have a number, but a significant number of them will already have these plans.
The EDMA sets out what we would expect a plan to look like, and we would want to see critical infrastructure owners come into compliance by adopting or upgrading their plans to meet the standards set out by EDMA.
That said, if there were a case where a critical infrastructure owner really was obstructive or intentional about not moving into compliance, regardless of how closely, and our attempts to work with them to bring them into voluntary compliance, the types of enforcement measures that we’d be looking to would be monetary administrative penalties.
Clauses 18 to 20 inclusive approved.
On clause 21.
L. Doerkson: I want to understand here. We’ve talked a little bit about hierarchy with respect to the ministry and the role it might play. This one, I think, gets a little bit sticky. We probably have some of this happening already, but when we talk about multi-jurisdictional, I was curious to know why it might just be “2 or more of the following….” I can appreciate the intent there, but I guess I’d be hard-pressed to know a jurisdiction where we wouldn’t include all three.
Now, maybe I’m wrong about that. Could the minister explain how the hierarchy may work here in those agreements, and how that might be different from what we’re already doing?
Hon. B. Ma: The multi-jurisdictional emergency management organizations, or MJEMOs, are designed in the EDMA to be a highly flexible tool. We wanted to make the configurations of jurisdictions as flexible as possible, recognizing that different areas of the province are all very, very unique.
So an MJEMO could be two or more local authorities, and no other level of government. It could be multiple First Nations and no local authorities or provincial government involvement. And it could include all three levels of government. It depends a lot on….
A lot of the structure will likely be driven, at the local level, by what the Indigenous governing bodies or the local authorities are hoping to be able to collaborate and cooperate on. An MJEMO does allow for multiple organizations or multiple local authorities or Indigenous governing bodies to work together to achieve the duties and responsibilities under the act as a collective.
Some examples of where this might make a lot of sense might be areas that are prone to flooding. Recognizing that floodwaters don’t care about jurisdictional boundaries, multiple local authorities may join in together, with or without Indigenous governing bodies, to do one risk assessment around a flooding area for that floodplain so that they’re able to achieve that requirement under the act together as one, as opposed to every single local authority doing their own flood risk assessment.
An MJEMO could be built around a partnership designed to do just risk assessments or even carry out emergency management response together. It’s really up to the parties of the MJEMO.
The member also asked about how this was different from what is already being done now. Technically speaking, multi-jurisdictional emergency management organizations don’t exist in law. That’s a concept that is being introduced by the EDMA. However, there are some regions of the province that have structures that are similar to what an MJEMO might look like.
As an example, the North Shore Emergency Management Office is a tripartite agreement between the city of North Vancouver, district of North Vancouver and district of West Vancouver. They could reasonably, if they wished, become a formal MJEMO for the purposes of meeting the duties and obligations that they have under the act. They already, in practice, work as one organization to provide emergency response across the North Shore.
Another example is the Central Okanagan regional district. They passed the regional district of Central Okanagan emergency preparedness service establishment bylaw. That established a four-pillar regional emergency management organization with participation from Central Okanagan electoral districts. So there are areas in the province where something like an MJEMO does function, but technically, a MJEMO doesn’t legally exist in law right now.
L. Doerkson: The one thing that did not come clear there to me is the hierarchy that the minister might expect. The reason I ask that is the minister referred to the flexibility, but that flexibility, to some degree, is taken away in 22. We’re not there yet, of course, but it does suggest that by order, the minister may require this. We’ll get to that in a moment, but it’s the hierarchy that I’m interested in.
The reason that I’m asking that is, frankly, because there was a time, of course, when…. In Cariboo, for instance — it’s what I know best — largely, the regional district would sort of take the lead on most of that.
Now we are starting to see EOCs with Tŝilhqot’in people. We are starting to see different levels of emergency response.
I guess, frankly, the confusion that exists already in that moment of disaster is really pretty significant. I mean, it’s difficult for regional districts to get their messages out. They’re consuming multiple orders or suggestions of orders from different agencies like B.C. Wildfire.
While this bill is going to give that framework for those partnerships and those multi-jurisdictional…. Who will be, ultimately, the person that makes the call, at the end of the day? Will the ministry play any role in that?
Hon. B. Ma: In subsection 19(2)(b), it reads that in a case where powers or duties have been set out in an agreement or other instrument made for the purposes of joining a multi-jurisdictional emergency management organization, or MJEMO, an employee of a member of the MJEMO organization may be designated to act on behalf of the local authority.
I read that backwards, but hopefully, that makes sense.
Subsection (2) says: “Subject to subsection (5), a local authority may designate one or more of the following to act on behalf of the local authority.” One of those is an employee of a member of the multi-jurisdictional emergency management organization in the case of a MJEMO. So that would be the person who would act on behalf of the MJEMO.
I think the member’s question is if there’s a hierarchy within the MJEMO. The act does not set out a hierarchy within a MJEMO. That is up to the parties of the MJEMO to determine in advance.
The intention of a lot of these agreements is that without these agreements, we have a shared landscape, a shared emergency management landscape, where you have the province, local authorities, Indigenous governing bodies potentially all exercising emergency management authorities one on top of another. This can create situations of conflict and confusion.
The more agreements and cooperative work that we do ahead of time, the more collaboration that we enable ahead of time, the less we are likely to enter into those conflicts during an actual emergency management situation. A MJEMO is one of the tools that allow for multiple organizations to come together ahead of time and basically work together as one.
L. Doerkson: Yes, I would agree with the minister that that is a challenging time during those emergencies, particularly when those agencies collide with each other and try to sort through very challenging situations. I guess the reason I’m focused on it is because in (3)(b), it says that a local authority that joins the multi-jurisdictional emergency management organization must comply with any directions given by the provincial administrator.
To me, that sort of indicates that the province may be in charge at these times, and frankly, that’s kind of backwards to how things are working now. I mean, in many cases, regional districts, cities, different communities will take direction from different agencies, like B.C. Wildfire, with respect to issuing orders of evacuation or other types of orders.
I’m not sure if that power existed before, but that’s really why I’m trying to canvass this question. It’s just to better understand…. At that point of dispute or disagreement, might the province get involved in a more serious way to actually force this compliance?
Then, I guess, the second part of that question would be: what does that compliance look like? Is this another opportunity for finding mechanisms against these jurisdictions that are involved in this? And how might that play out?
Hon. B. Ma: The EDMA doesn’t set out the provincial government as the top of the hierarchy of MJEMOs. It’s not quite like that. It is….
What clause 3, subsection (b) refer to is that it’s…. I’m trying to rephrase this so that it makes sense, because it kind of makes sense in my head right now. I just want to make sure that my sentence makes sense. Pardon me.
It effectively is saying a local authority cannot absolve themselves of their obligations and duties under the act simply by joining a MJEMO. They still have the requirement for ensuring that their obligations and duties are carried out, whether it is through the MJEMO or on their own.
The act of joining a MJEMO doesn’t mean that they no longer have those duties. They can join a MJEMO so that those duties and obligations can be achieved collectively, but they still have to make sure that they are achieved somehow. If they’re not being achieved through the MJEMO, they still retain that obligation and duty. A provincial administrator can provide direction that they comply with the act still.
L. Doerkson: Just one more question on this from me, and then I think my colleague from Vancouver-Langara has a question.
I guess I would beg to differ with respect to hierarchy. This is legislation that clearly says: “A local authority that joins a multijurisdictional emergency management organization must….” I’m guessing…. That’s pretty clear that the ministry is in charge, if you read that the same way I’m reading it.
The part of the question that wasn’t answered is: what are the compliance measures? It says “must comply.” We’ve talked about compliance measures in other parts of the act. What will this mean?
Hon. B. Ma: Yes, sorry. To provide greater clarity, it’s that the EDMA doesn’t indicate that the province is at the top of the hierarchy within a MJEMO, but certainly the act does infer duties, responsibilities, powers and so forth on local authorities. So to that end, I believe I understand where the member is going with that. Yes, the EDMA, of course, is…. It has authority over local authorities in that regard.
In terms of compliance, a provincial administrator can provide direction for a local authority to comply with the act. In all cases, we would work with local authorities to the best of our ability to achieve voluntary compliance, but if voluntary compliance is not being achieved, then certainly the provincial administrator can provide a direction for the local authority to comply with the act.
If that local authority was not complying with the direction, section 5 allows for the minister to issue orders for persons to comply with direction. And then, if that was not being achieved, then that’s where the enforcement measures come in that we referred to before and the administrative monetary penalties.
M. Lee: Just walking through clause 21(1)(a), (b) and (c), a multi-jurisdictional emergency management organization (MJEMO) can be formed by two or more of the following of the three bodies.
This contemplates that a MJEMO can be proceeding, presumably, in an area of common land base, a common interest. There must be a reason first for a MJEMO to be formed by a local authority and an Indigenous governing body in the region. Assuming that’s the case…. If that’s not the case, perhaps the minister can clarify.
Secondly, if that is the case, and there’s a common geographic area or common interest for which the MJEMO is being organized, why is it the case that a local authority and government can form a MJEMO without an Indigenous governing body?
Hon. B. Ma: To the member’s first suggestion that MJEMOs are likely to be formed around common interests, I would agree that that is most likely to be the case — that there’s some kind of common interest, be it geographic, proximity, common interests over land base. It could be multiple jurisdictions that fall within the same floodplain, as an example.
Building on the response previously to a similar question, the MJEMOs that are enabled by this act are meant to be as flexible in structure as possible, recognizing that different regions of the province and different areas of the province are unique, and they have unique circumstances.
It is possible for a MJEMO to consist of only local authorities, so two or more local authorities. It could be possible for a MJEMO to consist of local authorities and Indigenous governing bodies or the province.
Especially if the province were involved in a MJEMO, we would certainly encourage the participation of an Indigenous governing body. However, an Indigenous governing body may not wish to be a part of a MJEMO. In those cases, the utility of a MJEMO, between multiple local governments, would still exist.
It should also be noted that Indigenous governing bodies do not have the same duties and responsibilities as local authorities under the act. So one of the benefits of creating a MJEMO was to allow multiple local authorities to work together to achieve those duties and responsibilities. There may be cases where an Indigenous governing body doesn’t see a benefit to them to be a part of MJEMO, but there are other cases where they may.
M. Lee: Just as a follow-on that the member for Cariboo-Chilcotin and myself would have about MJEMOs, though…. Given that there is the “2 or more of the following,” it also suggests, as the minister just indicated, that it’s possible to have a MJEMO without the government being part of the MJEMO.
If that’s the case, given the nature and the responsibilities of government when it comes to emergency management and disaster recovery, why is it the case that government would not be a party to a MJEMO?
Hon. B. Ma: The province’s role in emergency management applies across the province, regardless of whether a MJEMO exists or not. So we continue to play that role across the entire landscape.
When it comes to what parties should be a part of a MJEMO, it largely depends on the purpose of the MJEMO being created, which may vary across the province.
In some regions, for instance, a number of local authorities that exist within a common floodplain may create a MJEMO for the purposes specifically of risk assessment or emergency management planning around that floodplain in order to achieve their obligations and duties as a local authority.
There are many cases where local authorities will work together to achieve their obligations, and there may not be a need for the province to be involved, but certainly, we’re very open to collaborating and working with local authorities and Indigenous governing bodies in a number of areas. We have, and we’ll continue to do that. That’s the answer, I guess.
Clause 21 approved.
On clause 22.
L. Doerkson: Under this clause — again, we just spoke a little bit about this — the minister may by order require certain things to happen.
I guess what I want to understand here is why the minister would produce an order to establish a MJEMO. Why would EMCR not perform as a leader under that order? If it has come to that point where there is an order coming to actually form this, I’m just not certain what the minister’s role would be with respect to having governance over that forced partnership or relationship.
Hon. B. Ma: The exercise of orders under section 22 are anticipated to be very, very uncommon. The concept of a MJEMO is new to the act. There could be cases where the province determines that a MJEMO is necessary for regional coordination and collaboration on emergency management. It really exists as a potential remedial tool if serious problems occur as a result of a lack of coordination between multiple local authorities and that lack of coordination is leading to unacceptable risk to public safety.
So it’s not intended to be used in a regular course of operations. It’s there in case we come across a situation like that, where that lack of coordination is causing serious problems.
L. Doerkson: I can appreciate that it may only be used once in a while, but nonetheless, the legislation is here. I guess….
If it really has come to that point that there’s that much either confusion, non-compliance, whatever might be happening in that situation, then will the ministry assume responsibilities for that structure that is being forced together under a MJEMO?
Hon. B. Ma: Referring back to section 12 under general purposes of the provincial emergency management organization, being EMCR, one of the purposes is “to provide, throughout British Columbia, oversight, leadership and coordination of activities with respect to each phase of emergency management.”
An order to require two or more local authorities to form a MJEMO could be an action that is taken as part of that responsibility. But certainly, I would say that I’m confident in the earnestness of all local authorities to want to manage emergencies well and to protect public safety and to serve their communities.
In requiring a MJEMO to be created, it’s to address a lack of coordination between those authorities, or those multiple authorities, and the lack of coordination between their efforts. But my assumption — and I think it’s a pretty good one — is those authorities would still come to the table with the intention of ensuring public safety during an emergency.
I don’t want to create the suggestion that we’re in a position to force local authorities to care about emergency management when they don’t. I think that it’s safe to say that all of them do.
If a MJEMO was created by order, we would certainly work with those local authorities to make sure that MJEMO actually worked well and was capable of carrying out their duties and responsibilities under the act. It’s not the case that we would issue an order for a MJEMO to be created when there are coordination problems and simply walk away. That would not achieve the outcome that is intended.
That was a very strange answer I think I gave, but I hope that made sense.
L. Doerkson: We might agree on that.
It is exactly what this clause says — that you will order different local authorities to do exactly that: form this. While I can appreciate what the minister referred to as being used only once in a while, definitely, this would be in a serious situation, I’m assuming, of dysfunction or disagreement or whatever.
Really all I was looking for there was to understand. Clearly, this would be only invoked in an event where there were all of those issues that I just listed. It would seem appropriate that the ministry would take the lead then.
I wanted to know whether or not the ministry would be leading that MJEMO in this situation. Just a simple yes or no.
Hon. B. Ma: It is not quite a simple yes or no answer, but I think it would depend on the circumstances and what was causing the problem.
It is very case-specific, but certainly, if there were coordination issues that could be resolved through the creation of a MJEMO, it would be incumbent on the province to also work with those local authorities and make sure that MJEMO is set up properly and that we’ve helped pave the way for success.
Clause 22 approved.
On clause 23.
L. Doerkson: In this clause, this section actually allows for local authorities to enter into agreements with the government of Canada directly.
I guess what I want to understand here is…. Those agreements are really around providing and receiving assistance, including in the form of financial aid.
Could this ability have helped communities like Merritt or Lytton or whatever the community might be to work directly with the federal government for payouts or funding or that type of thing and skip through the province just to work directly with the federal government?
Hon. B. Ma: I think the short answer is yes. This section would allow for direct agreements between local authorities and the federal government. Although the act cannot compel the federal government to participate in such an agreement, it does allow for it.
L. Doerkson: Of course, I would appreciate that you’re certainly not going to boss them around, but it does intrigue me a little bit. Typically, right now, those communities would be working through the province, of course, to handle DFA applications — disaster financial assistance.
I guess I’m wondering what’s intended by this clause. Is the ministry hoping that those types of applications may just skip through the province and go directly to the federal government? What might be the benefit of having local authorities like a community like Williams Lake dealing directly with the federal government on something like this?
Hon. B. Ma: Speaking directly to the member’s specific question around disaster financial assistance, the federal disaster financial assistance arrangement with the province is based on the provincial-to-federal relationship. We do not anticipate this section being used to skip the province in that arrangement. The federal government requires for us to be a part of that arrangement.
That’s not quite the scenario that we’re contemplating here. An example of a scenario that…. To be more clear, this section enables local authorities to enter into agreements with jurisdictions outside of British Columbia. It does not mean…. It could include agreements that include British Columbia as well. It’s not necessarily exclusive to only agreements with jurisdictions outside British Columbia.
An example of where an agreement might be beneficial for a local authority to enter into with a jurisdiction outside of British Columbia could be if they have neighbouring communities on the Alaskan border or the Alberta border where they wanted to enter into an agreement around mutual aid or even mutual risk assessments or planning. This section confirms that that that would be allowed.
Clause 23 approved.
On clause 24.
L. Doerkson: So 24 — again, we’ve talked a little bit about this and the pressure that might be on local authorities for the reporting measures. I do want to just understand a little bit better. Certainly, I know local governments want to understand a little bit better.
Some of this seems vague to me, so perhaps we’ll just start with the first question before we get to a better understanding of what any matter might mean and things like that. At a local level, will there be any opportunity for local governments to receive any kind of financial assistance to perform some of the duties that are being asked of them through these reporting measures?
The reason that I ask that is that while I better want to understand timelines and things like that, even at this point, after three or four days of conversation, I’m still not really clear on what these reports might look like or how detailed they might be. I do know that that is the one question that has been consistent from local government. They just feel that they simply do not have the resources to complete the reporting that’s required under this.
Now, I do know, and I’m sure the minister and the ministry will know, that local government is definitely reaching out. They’re going to take their opportunity to be heard, hopefully through the commenting process that’s open until December 31. I do know that this is definitely on everyone’s mind, what will be expected, when you see terms like “any matters.”
I guess my first question under this clause is: could it be anticipated that there would be any financial help? We’ve talked all kinds about the ministry wanting to collaborate. I think that is the first question I’d like to start with on this clause.
Hon. B. Ma: We certainly have heard from local authorities about the need for financial investments that support their activities across all four phases of emergency management: preparedness, mitigation, response activities, recovery activities.
The province has made investments through a variety of means already. An example is the community emergency preparedness fund, which provides funding to local authorities for projects that support preparedness and mitigation.
We provide response funding during the actual emergency, of course. We provide funding to local authorities during actual emergencies. We provide funding to local authorities through recovery processes, DFA and otherwise.
We have, certainly in my conversations, like the member has, heard from local authorities anxieties about their capacity and the resources required to implement their obligations and their duties under the EDMA. This is largely why we are taking a phased approach. Rather than having all of their duties and obligations come into force upon royal assent, the majority of their obligations and duties are going to be phased in, through regulation, over time.
Through the consultation that is currently open for the local authorities regulation, we do anticipate hearing from communities about the level of resourcing and supports that they would require. We would, as a ministry, endeavour to provide them with that, although I can’t make that commitment here.
It does have to go through Treasury Board processes and other processes of government to land. Certainly, we do recognize that need and have an intention to provide as much support and to the greatest extent that we can.
The Chair: Member, can you just hold one minute?
This committee will now take a ten-minute recess. We’ll reconvene at five past five, please.
The committee recessed from 4:56 p.m. to 5:06 p.m.
[K. Greene in the chair.]
The Chair: I call Committee of the Whole on Bill 31, Emergency and Disaster Management Act, back to order. We are on clause 24.
I recognize the member for Cariboo-Chilcotin.
L. Doerkson: Thank you, Chair. I appreciate you joining us here today.
I just want to start by saying how grateful I am to hear the minister acknowledge those pressures that we were just discussing and chatting about with reference to the local governments. I know that the communication is happening from those bodies, and I’m glad to hear that it is being acknowledged. It’s not so much skill set or anything; it’s just simply time, right? I think we’ll get to a couple of those things right now.
Maybe the minister could just clear up for me a few of these items that are defined in pretty vague terms. So in 24(a) “prepare a report on any matter” — could that be clarified a little bit?
Hon. B. Ma: It’s probably worth clarifying that this section does not refer to regular reporting. Rather, regular reporting is under section 121.
Section 24 is more about one-off reporting. It provides broad authority for the minister to request reports from local authorities on a wide variety of subjects as well as to ensure the minister is aware and informed of activities occurring in different regions of the province related to emergency management.
These general reports can increase communication and the flow of information between local governments and the province. An example might be that if the provincial government was working towards a provincewide hazard or risk analysis, having access to information from local governments may be necessary to inform this analysis. This section would enable the minister to request that kind of information.
L. Doerkson: Surely the minister would appreciate that a clause that has those terms, which are very vague, is concerning, of course. I can appreciate that there’s reporting that’s more clearly laid out. But this whole clause, frankly, is pretty vague. It simply refers to “within the period required by the minister.”
That is another, I guess, question I would have. Can the minister clear up what that timeline might look like and certainly in the form and manner required as well? I just want to better understand, because of the vague nature….
I mean, frankly, it could be a 500-page report, and surely that’s maybe not what the ministry is looking for, but it certainly lends itself to being pretty vague and easily misunderstood by myself and, certainly, governments that have to abide by this.
Hon. B. Ma: For the purposes of being clear about the intentions around this section, recognizing that the wording can create some anxiety, as the member has indicated, this is really about ensuring a good flow of information and the ability to request information of local authorities. It could be information on response and recovery activities, post-emergency needs assessments and so forth.
The reason the section is written in a bit of a flexible manner — for instance, under (b)(ii), it says: “provide the report to the provincial administrator…in the form and manner required by the provincial administrator” — is really to provide flexibility, to look at the circumstances and determine the form and manner appropriate to the information that is being requested.
A report could be as simple as an email. If it’s time-sensitive, then the timelines may be shorter, but if it is not time-sensitive, then we can provide longer timelines.
It’s quite a range of types of information being requested. It allows for the provincial administrator to determine what form and manner is appropriate or needed for that type of information. It’s not intended to be an onerous requirement on local authorities. It’s certainly not intended to be used to be onerous.
L. Doerkson: Just a comment. Thanks for acknowledging that. It is the vague nature that has people concerned.
I can appreciate that the minister is clear about her intent with respect to what might be required, but just note that that is a massive concern on the part of local government. I’ll leave that right there.
Clauses 24 to 29 inclusive approved.
On clause 30.
L. Doerkson: I just want to get a better sense of whom this authorization for volunteer public safety providers covers.
Hon. B. Ma: Examples of organizations that would likely be authorized as public safety providers include search and rescue organizations; Provincial Emergency Program Air volunteers — those are the volunteers that provide air search support services; road rescue volunteers.
Those are volunteers that provide extraction services. They may extract people from vehicles or do rope rescues and other rescue services, employing special skills and equipment. Those are some examples.
L. Doerkson: Might it also include rural fire departments?
Hon. B. Ma: Unless the rural firefighter or fire department is doing road rescue services, the answer is no. However, I believe they are covered under the Fire Services Act.
L. Doerkson: What kind of application processes are being considered under this clause? Are we looking at annual, every two years? How is that process going to work?
Hon. B. Ma: We currently work with many of these organizations, and we recognize the need to on-board them swiftly onto this new provision in order to ensure continuity of service. That on-boarding is a process that…. It will be an initial on-boarding that is likely to be pretty smooth, intended to be smooth.
In terms of the longer-term process that is being developed, that work is still underway, so we don’t have details about it yet. But as an example, right now authorizations are provided on a five-year basis. We don’t see, at this time, any reason to change that.
L. Doerkson: Actually, you maybe anticipated my next question. That is, are existing members of…?
It looks to me like the focus really is on auto extraction and search and rescue and, certainly, fire departments that provide that service. Are existing members going to be expected to go through this process of application?
Hon. B. Ma: In order to ensure continuity of service, we anticipate that the on-boarding process will be kind of a simplified, streamlined version of what will be the more permanent on-boarding application process. These organizations are already providing these services to us. We just want to update them into the new provision.
L. Doerkson: Why the focus on just these groups? I’m curious to understand why it doesn’t extend…. It’s not that I’m in favour one way or the other. I’m just curious to understand better why it’s focused on SAR, for instance, or for those fire departments that provide this service and why it doesn’t extend to other members of volunteers.
Hon. B. Ma: There are a few more examples that I’ll add to the list I provided before, which also includes…. There’s the ground search and rescue, road rescue services, air rescue support services, emergency support services, and radio communications as well do fall under this category.
This section is really about volunteers that provide specialized services. It allows for the province to provide some regulatory oversight over these kinds of volunteers. And this category of volunteers is also related to immunity provisions, given the types of risks that they undertake in while doing this kind of volunteer work. So there’s another section later on in the act around immunity for volunteers. This is the type of volunteer that that would apply to.
Clauses 30 to 32 inclusive approved.
On clause 33.
M. Lee: Just on part 3, clause 33. This section has a number of definitions, which refers to part 5 and part 6 of Bill 31, and both in sub (a), which says relating to the exercise of a power or performance of a duty under part 5 or 6 but does not include a decision-making agreement or statutory power agreement in relation to the exercise of a power under part 5 or part 6.
When we line up those two points, it says, in one case, that a coordination agreement relates to the exercise of power but does not include a decision-making agreement or statutory power agreement in relation to the exercise of a power under part 5 or part 6.
I do think that in order to understand the application of this definition, it’s helpful at this juncture if the minister could give us an example of the distinction between the exercise of a power under part 5 or part 6 but is not a decision-making agreement or statutory power agreement in respect of the exercise of a power under part 5 or part 6.
I would also say, presumably, that when we see the language, of course, that follows in clause 34, we’re talking about a coordination agreement with an Indigenous governing body. As we have talked about to date in this bill, pursuant to clause 1(2) of the bill, Indigenous governing bodies are not….
I’ll get the exact wording. Indigenous governing bodies are…. An order under this agreement or act “does not apply to an Indigenous governing body unless the Indigenous governing body consents.”
Presumably, the coordination agreements, of course, is how an Indigenous governing body will give their consent. I’d like to ask for the distinction that’s being drawn within this definition of coordination agreement in both provisions that I cited.
Hon. B. Ma: I think the member’s question around section 33 under coordination agreement is around the reference that says: “but does not include a decision-making agreement or statutory power agreement in relation to the exercise of a power under Part 5 or Part 6.”
It may be worthwhile to clarify that these refer to different kinds of agreements. Decision-making agreements are agreements around whether a decision is…. Oh, jeez. I’m going to try to see if this is accurate.
A decision-making agreement is an agreement that is entered into with an Indigenous governing body around joint decision-making or reaching consent on decisions at the moment of a decision being made, whereas a coordination agreement is an agreement that basically lays out in advance the coordination of the exercise of powers in a traditional territory or in a geographic area in order to avoid conflict of the exercise of those powers, so to avoid the overlapping exercise of powers in the same area.
I’ll pass it back to the member, who may probably have additional questions, but I’ll start there.
M. Lee: I would say that this whole part 3, including the definitions, cut back and forth. They certainly refer to, as the minister just referred to, and as I did, part 5 and part 6 of the act.
I was asking for an example as to how this works on the coordination agreement definition and the various parts of this definition. The minister did cite the difference between a coordination agreement and a decision-making agreement. Of course, this definition of coordination agreement also refers to a statutory power agreement.
I can approach this discussion in a few different ways, but, I hope, Madame Chair, you’ll appreciate that I need to cut back and forth. We won’t finish with one definition and then go on to next and not come back to that definition.
With that in mind, I will go forward and ask the minister this. When I look at the definition of decision-making agreement in Bill 31 against what’s in the Declaration on the Rights of Indigenous Peoples Act, this definition of decision-making agreement refers to section 7 of DRIPA. This definition of decision-making agreement says that it means an agreement negotiated and entered into under section 7 of DRIPA relating to statutory powers of decision under this act.
I would like to ask, first of all…. To me, the definition or the description the minister just gave of a decision-making agreement as contemplated under Bill 31 is different from an agreement that is an entitled decision-making agreement relating to a statutory power of decision. Is that correct, or am I hearing the minister incorrectly?
If so, perhaps the minister can just correct my understanding of what she meant to say about a decision-making agreement, because it seems to be different from what is focused on, even under DRIPA, as being a statutory power of decision-making agreement under section 7 of DRIPA.
Hon. B. Ma: I appreciate the member giving me the opportunity to provide greater clarity in my response. A decision-making agreement relates to the exercise of a statutory power of decision, whether jointly or through consent. In this case, specifically, we’re referring to statutory powers of decision under this act.
M. Lee: I appreciate the clarification by the minister. When we look at this definition of statutory power agreement, it seems to mean something different, in the sense that it’s been defined differently and makes reference to section 6 of DRIPA, which I’m going to come back to.
First, let me just ask the minister, what is the difference between…? Other than what the words say in terms of the actual words on the page in Bill 31, in the definition of decision-making agreement versus a statutory power agreement, what is the difference in purpose of these two types agreements?
Hon. B. Ma: The Emergency and Disaster Management Act enables the minister to enter into agreements with Indigenous governing bodies under sections 6 and 7 of the Declaration on the Rights of Indigenous Peoples Act.
Section 6 of the Declaration Act is a broad authority and can include agreements related to statutory powers, defined under the Judicial Review Procedure Act to mean a power or right conferred by an enactment.
That’s to make a regulation, rule, bylaw or order; to exercise the statutory power of decision; to require a person to do or not do an act or thing that, without this requirement, the person would not be required by law to do or not do; to do an act or thing that would, but for that power or right, be a breach of a legal right of any person; or to make an investigation or inquiry into a person’s legal right, power, privilege, immunity, duty or liability.
Section 7 provides a framework for agreements for joint and/or consent-based decision-making but is limited to statutory powers of decision and requires a mandate from the Lieutenant-Governor-in-Council.
So the statutory power of decision is being defined under the Judicial Review Procedure Act to mean a power or right conferred by an enactment to make a decision, deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of a person or the eligibility of a person to receive or to continue to receive a benefit or licence, whether or not the person is legally entitled to it, and includes the powers of the provincial court.
M. Lee: Let me just ask first, or next: has this formulation of statutory power agreement been utilized in any other legislation brought forward by this government?
Hon. B. Ma: Yes, it is used in the Child, Family and Community Service Act, as well as the Adoption Act. We’d say those acts use a similar construction to the EDMA, with minor differences to accommodate the different terminologies of each act.
M. Lee: Thank you to the minister for that response.
When I look at the definition of “statutory power agreement” under this bill, it refers to section 6 of DRIPA but then repeats portions of section 7 relating to decision-making agreements. In fact, in clause 37(4) of Bill 31, it refers to the application of section 7(2) to (5) of DRIPA to a statutory power agreement.
Does this bill contain the correct section reference to DRIPA, or is it intended that this bill and this ministry is varying from the terms of the Declaration of Rights of Indigenous Peoples Act?
Hon. B. Ma: Yes, the references are correct. This takes the same framework in section 7, and it applies it to statutory powers for the purposes of this act. The reason why this is connected to section 6 is section 6 provides broad authorities to enter into agreements with Indigenous governing bodies.
M. Lee: So just breaking down the minister’s response, section 6 of the Declaration on the Rights of Indigenous Peoples Act gives the authority for a member of the Executive Council, on behalf of government, to enter into an agreement with an Indigenous governing body.
This definition under Bill 31 refers to a person or entity that is authorized to exercise the statutory power under this act. That is different from what is contemplated under the Declaration on the Rights of Indigenous Peoples Act.
Again to the minister, why is this Bill 31 being presented, effectively, as a variation and deviation from what’s contemplated under the Declaration on the Rights of Indigenous Peoples Act?
Hon. B. Ma: This is not a deviation from the Declaration Act. What the member is referencing is about who is exercising the power, not who is entering into the agreement.
M. Lee: Just to ask the minister, the requirement of a statutory power agreement as it relates is additional qualification relating to the consent, which is set out in the “statutory power agreement” definition. Again, why the difference in formulation between the two definitions, in terms of what’s required?
In the first case, with “decision-making agreement,” it sets out the requirements under section 7 of DRIPA. Whereas in the “statutory power agreement” definition, putting aside the reference to section 6, it includes the specific requirements of section 7. So again, why are there explicit conditions that are set out here for a statutory power agreement but not for a decision-making agreement?
Hon. B. Ma: If the member refers back to section 7 of the Declaration Act, he’ll find that the provisions under the definition for “statutory power agreement” are already laid out in the Declaration Act. So it does not need to be repeated under “decision-making agreement,” which refers directly to section 7, whereas under “statutory power agreement,” which refers to section 6, section 6 of the Declaration Act being broad authorities to enter into agreements, it does not repeat that language in the Declaration Act.
So by including this language under “statutory power agreement,” we’re making that consistent with “decision-making agreement,” which refers to section 7, which already has that language under the Declaration Act, section 7.
M. Lee: Thank you to the minister for that response.
This, I believe, does demonstrate the technical nature of these provisions. I wonder whether a First Nation that’s trying to work through these provisions will appreciate and understand the distinction the minister just drew, because it’s not evident and immediately obvious to me.
I would suggest, of course, that for a bill of this nature, of this comprehensive framework, which the member for Cariboo-Chilcotin has been evaluating in terms of his questions back and forth with the minister here…. In clause 37, as we come to it, there is direct and explicit reference to the requirements applicable to a statutory power agreement, yet under “decision-making agreement,” it does not make explicit reference to those requirements.
The wording of “decision-making agreement” could be read to suggest that it is an agreement negotiated and entered into pursuant to section 7 of DRIPA but could go on to say that it’s subject to all of the conditions and requirements under section 7 of DRIPA, without having to state them.
I would suggest to the minister and ask the minister again if she considers, as we’re discussing it here in committee, whether she’s confident that this is clear enough language so Indigenous governing bodies that are working through this document, this framework, will have a clear understanding of their obligations and requirements as they pertain to a decision-making agreement.
Hon. B. Ma: This legislation is written in a way that takes an approach that’s consistent with other legislation that, I guess, brings section 6 and section 7 agreements into their acts. I am happy to say for the record, however, that the definition of “decision-making agreement” under section 33 of Bill 31 does capture the substance of section 7 of the Declaration Act as per the reference to section 7 of the Declaration Act and the definition itself.
All this being said, we have confidence that First Nations that are interested in entering into agreements under section 6 or section 7 of the Declaration on the Rights of Indigenous Peoples Act are very familiar with the Declaration Act itself. In addition to that, we are developing an Indigenous agreement framework and supporting guidance documents to support those agreements.
The Chair: Minister, would you kindly move the motion?
Hon. B. Ma: Noting the hour, I move that the committee rise, report progress and seek leave to sit again.
Motion approved.
The Chair: This committee stands adjourned.
The committee rose at 6:20 p.m.