Fourth Session, 42nd Parliament (2023)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Monday, October 30, 2023
Afternoon Sitting
Issue No. 351
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Environmental emergency program 2022-23 report to Legislature | |
Orders of the Day | |
Proceedings in the Douglas Fir Room | |
Proceedings in the Birch Room | |
MONDAY, OCTOBER 30, 2023
The House met at 1:32 p.m.
[Mr. Speaker in the chair.]
Routine Business
Introductions by Members
K. Chen: I am really honoured to have the opportunity to welcome some special guests here to the gallery today, joining us from our beautiful community right here in Burnaby-Lougheed, from Simon Fraser University. As many members would know, Simon Fraser University is not just an educational institution, but it is really a big community with a lot of families, local businesses and also lots of stakeholders and partners working together for this growing community.
Here I’m really honoured to introduce Angie Lamarsh, SFU board chair; Chris Lewis, adviser for reconciliation and Indigenous initiatives; Nancy Brar, VP, external and community affairs; Mohamad Assari, director of external relations; Raven King-Stierle, Indigenous community external affairs and special events coordinator from the SFU First Nations, Métis and Inuit Student Association; also my good friend Sobhana Jaya-Madhavan, AVP for external relations, joining us for question period today.
I hope they enjoy their stay in the Legislature and, also, thank them for building our community stronger.
Hon. J. Osborne: Today in the gallery, we have five guests from Innergex, a leading Canadian renewable energy company founded in 1990 that specializes in wind, hydro, solar energy and storage solutions. Representatives from Innergex are here in the precinct today, speaking to ministers and MLAs about their long-term commitment and investment in supporting B.C.’s clean energy transition.
I’m pleased to welcome Colleen Giroux-Schmidt, vice-president of corporate relations; Nicola Vaughan, policy and regulatory specialist; Julia Balabanowicz, senior director of corporate relations and policy; Jason McIvor, development manager; and Ina Gjoka, government relations strategist.
Would the House please join me in making them feel most welcome.
M. Lee: I just want to join the Minister of Energy in welcoming the team from Innergex. They’ve been of great assistance to the province and to our caucus, as well as other members of the House, in continuing to focus on the importance of partnership and the importance of independent power production in our province, the pathway forward to meet all the energy needs of our province, including in partnership with First Nations.
Again, would all members of the House please welcome that team from Innergex.
R. Parmar: As a former constituency assistant to a couple of members on this side of the House, it brings me great joy to be able to share with you all that I’ve got three of my own constituency assistants who’ve made the long trek from Langford to the chamber here today. We’ve got full-time CA, Hudson Copley-Spencer; part-time, Chloe Maher, who also is acting for the Minister of Children and Family Development as a CA right now; and Steven MacAskill. I wouldn’t be able to do what I do without them.
Will the House join me in welcoming them here for the first time for question period today.
B. D’Eith: I just wanted to rise today to welcome our mayor, Dan Ruimy, to the House, with his intergovernmental affairs person, Katerina Anastasiadis. They’re here today to do the hard work — working with their provincial counterparts, meeting with ministers.
Just so people know a little bit of background, Dan Ruimy ran against me in the 2015 federal election, and he beat me, which was a blessing, because that’s how I ended up here. I got to work with Dan when he was the MP, and we were able to do some really great work together, including getting the final four-laning of Highway 7 through, which was really exciting. He’s here working on the bold new vision for Maple Ridge, including housing, transportation and climate change.
I would like the House to please make Dan very welcome.
I. Paton: It’s fitting that today is Non-profit Recognition Day. A big supporter of non-profits in my riding of Delta is my wife, Pam, who’s here today. Pam is also, as far as non-profits, the president of the Delta Riding Club — not political riding, as in politics, but equestrian.
Pam is also chair of the Delta Hospital Foundation. There was a hospital announcement this summer, and the Minister of Health was there, along with my wife, to make this announcement. He said: “She is the MVP: the Most Valuable Paton.” So there you go.
How about a hand for my wife.
Hon. R. Singh: In the House today, I have a friend who is visiting us from Mexico City. Miriam Antoun is in the gallery. Miriam has two girls who study here in Victoria, and she’s visiting them.
Would the House please make Miriam very welcome.
M. Dykeman: I have two announcements today. The first one is that joining us in the gallery, we have non-profits from around the province, of all sizes, who are joining us at the Legislature today. They came over and spent the morning with the Minister of Poverty Reduction and me in a round table talking about the challenges and opportunities that non-profits face.
There are so many of them up there that I cannot list them all, but I do have to give a special shout-out to a fellow Langleyite, Leslie Gaudette, from the Council of Senior Citizens Organizations, who is up there. Her advocacy is very persistent, and I always appreciate having her come to my office. They’re thrilled that she is able to join the other wonderful non-profits that are up there.
They also joined us for the proclamation that today shall be, for the first time ever, Non-profit Recognition Day and for our wonderful announcement of $60 million in funding in the Hall of Honour.
I’m wondering if the House could please join me in welcoming these fantastic organizations that serve so many people across the province, especially the most vulnerable people, welcoming them to the Legislature today.
My second introduction is that I have two people who are part of my team that are up there. We really are as strong as the people we have around us, and I have an incredible team in my constituency office. Joining me today is one of my CAs, Madison Portner, and one of the volunteers that comes regularly to support me at events, James Loeffler.
I was wondering if everybody could please join me in making them feel very welcome today in the precinct.
Introduction and
First Reading of Bills
BILL 41 — FORESTS STATUTES
AMENDMENT ACT,
2023
Hon. B. Ralston presented a message from Her Honour the Lieutenant-Governor: a bill intituled Forests Statutes Amendment Act, 2023.
Hon. B. Ralston: I move that the bill be introduced and read a first time now.
I’m pleased to introduce Bill 41, the Forests Statutes Amendment Act, 2023. This bill proposes amendments to the Forest Act, the Forest and Range Practices Act and the Wildfire Act that fulfil, in part, commitments made in the June 2021 Modernizing Forest Policy intentions paper to transform the forest sector by implementing new tools to strengthen the social contract and enhance stewardship and sustainability.
The Wildfire Act amendments will enable government to aid First Nations and other partners with cultural and prescribed fires that are not prohibited by law when requested.
The Forest Act amendments provide greater discretion in the issuance of cutting and road permits. These will enhance government’s ability to be an effective steward and manage our forests in a sustainable manner for generations to come.
The Forest and Range Practices Act amendments will provide new tools for compliance and enforcement by ensuring there are consequences for non-compliance and appropriate tools to encourage voluntary compliance from participants and deter non-compliance.
Mr. Speaker: Members, the question is first reading of the bill.
Motion approved.
Hon. B. Ralston: I move that the bill be placed on the orders of the day for second reading at the next sitting of the House after today.
Bill 41, Forests Statutes Amendment Act, 2023, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.
Statements
(Standing Order 25B)
ISLAMIC HERITAGE MONTH
A. Singh: The month of October is recognized as B.C.’s Islamic Heritage Month. It’s a significant occasion that allows us to recognize and appreciate the rich and diverse contributions of the Islamic world to human civilization. It’s a time to foster understanding, promote tolerance and celebrate the cultural, scientific and artistic achievements of Islamic heritage and to bridge relationships with non-Muslim neighbours through education and understanding.
The Islamic world encompasses a wide array of cultures, languages and traditions that have been influenced by their respective regions, from the calligraphy and architectural marvels of the Arab world to the vibrant arts and music of Persia and the scientific advancements of the Islamic Golden Age.
During that golden age, scholars in the Islamic world were at the forefront of fields such as astronomy, mathematics, medicine and philosophy. They developed the scientific method, which we still use today, and made groundbreaking discoveries which laid the foundation for many of the scientific and technological advancements we benefit from today. Just think about the word “algebra” and its roots.
The wonder of Islamic heritage extends beyond the realms of science and art. It encompasses a deep sense of community, hospitality and a commitment to social justice. Muslims around the world uphold principles of compassion, charity, and service to others, guided by the teachings of the Quran and the examples set by the prophet Muhammad. May the peace and blessings of Allah be upon him.
In this time of increased racism, Islamophobia, anti-Semitism and bigotry, it’s important to remember this. They remind me of a poem, “Mimesis,” by notable Palestinian-American poet and physician and winner of the 2007 Yale series of younger poets, Fady Joudah.
My daughter
wouldn’t hurt a spider
That had
nested
Between her bicycle handles.
For two weeks
She
waited
Until it left of its own accord.
If you tear down the web I said
It will simply
know
This isn’t a place to call home
And you’d get to go
biking
She said that’s how others
Become refugees, isn’t
it?
DINO GINI AND FUNDRAISING
WITH OKANAGAN COLLEGE
COYOTES BASKETBALL TEAM
R. Merrifield: Well, Mr. Dino Gini is a force. When you meet him, you immediately know what he is passionate about, and that is basketball.
Over the past four decades, Dino has coached and played high school basketball and club ball, and, for almost the last decade, has coached both the girls’ and the boys’, until his son took over, basketball programs for the Okanagan College Coyotes.
In these last years, Dino Gini has done more than he ever thought possible with the Okanagan College Coyotes basketball team. He surmounted countless challenges, from lack of sponsorship and facilities to being underestimated from opponents. Dino fundraises every year for the team’s entire cost, which is no small feat.
For years, the campus has lacked a gym or recreational centre, an absence keenly felt not just by the Coyotes, but by the entire student body. There’s been no space for intramural sports, pickup games or tournaments. Even significant college events, like convocation and student orientation, lack a central indoor hub.
This glaring absence is what makes a new campaign for a recreation and wellness centre not just timely, but essential.
Last Thursday I attended a new campaign launch to change that. With a goal of $14 million for the Thrive Here campaign, generous leadership-level gifts have already brought the Okanagan College Foundation’s fund to $9 million. Now the campaign needs an additional $5 million to cross the finish line. Coupled with the Coyotes’ urgent need to fundraise the rest of their $130,000 by year end, there’s a tremendous opportunity for community members to contribute to transformative change, and by community, that could be anyone here in this room as well.
The campaign for a new recreation and wellness centre does more than just provide a home for the Coyotes. It serves as an investment in the well-being and future of every student at Okanagan College.
As Dino Gini and his teams have shown, the power of community, hard work and passion can transcend obstacles and make dreams a reality.
NON-PROFIT RECOGNITION DAY
M. Dykeman: It is a pleasure and an honour to rise today to celebrate October 30 as B.C.’s Non-profit Recognition Day for the first time in our province.
Non-profits are vital to people in the communities in our province. They help people overcome challenges and make a difference in the lives of so many families. Non-profits help us deliver housing, health care, cultural and food security support.
British Columbia has more than 31,000 non-profits that make an economic contribution of $28 billion to the GDP. They are important partners, often delivering services to the most vulnerable people in all corners of British Columbia. We know that the past few years have been very tough for people in our province. But they also demonstrated how British Columbians come together to overcome adversity. The work done by non-profits in B.C. is really nothing short of heroic.
As an advocate and voice in government for non-profits and charities, I’m committed to helping non-profits thrive during these challenging times. Non-profit Recognition Day is about honouring the impactful work of the non-profit sector and showing appreciation for our ongoing partnerships with non-profit and charitable organizations. Earlier today I had the pleasure of meeting Ada and Barb, two incredible women whose lives were transformed thanks to the fantastic work of non-profit organizations.
British Columbia’s non-profits are helping raise our quality of life in so many ways to build a stronger B.C., which is why we are funding $60 million to support non-profits who are providing key services for people and communities.
Will the House please join me in applauding B.C.’s non-profit sector.
ADOPTION AWARENESS
K. Kirkpatrick: Today I want to talk about something truly special, Adoption and Permanency Month.
November is a time to celebrate and raise awareness about the incredible act of adoption, a journey that transforms the lives of countless children and families. It’s a reminder that you can build your family in many ways, including the children and teens in government care who are waiting for permanent homes through adoption, guardianship, kinship placement or another form of permanency.
Adoption is a testament to the power of love and the belief that family isn’t defined solely by blood. It’s a lifelong commitment to provide a loving, stable and nurturing environment for a child in need. And it’s not just a child in need. It’s a parent in need.
It’s a time to highlight the countless stories of resilience and hope. It’s a month to celebrate the families that have grown through adoption and to appreciate the diverse paths that led them to this beautiful connection.
Every adopted child has a unique story, and their journeys are filled with challenges and triumphs. This is a time for gratitude, reflection and advocacy. It’s a time to acknowledge the power of love to create bonds that are unbreakable. It’s a time to remember that every child deserves a chance to thrive, to grow and to be loved.
Let’s come together this November and celebrate the beauty of adoption and the countless lives it touches. Let’s create a world where every child can find their place in a loving family, and let’s cherish the extraordinary power of adoption.
Adoption and Permanency Month is a reminder of our collective responsibility to give every child the chance to thrive in a permanent and loving family.
WESTSHORE REBELS FOOTBALL TEAM
AND CULLEN CUP
WIN
R. Parmar: This past Saturday the Minister of Tourism, Arts, Culture and Sport and I had an opportunity to be at Starlight Stadium in Langford, with thousands in attendance, for the B.C. Cullen Cup championship. I should clarify, as the MLA for Langford–Juan de Fuca, I’m talking about football, not lacrosse.
Two strong teams, the Westshore Rebels versus the Okanagan Sun. A rematch from last year, as the Okanagan Sun won the Cullen Cup in the previous years. The Westshore Rebels have had a phenomenal season — undefeated, 11-0.
I just wanted to mention my thanks to all of the players that played from the Okanagan Suns as well as the Rebels. What we saw on the field there was teamwork, courage and tenacity. Certainly from the coaches and all of the trainers, we saw leadership and hustle as well.
I think the Minister of Tourism, Arts, Culture and Sport can agree with me that it was a tense game. It was close in the first half, but in the second half, it changed.
Led by incredible all-stars Cairo Berry, Gerren Hardisty, Demar Holstein and Te Jessie, the Westshore Rebels kicked butt. The final score was 33-19 for the Rebels.
I just want to take an opportunity to congratulate all of the players, but in particular, president Rob Lervold, general manager Roger Wade, executive members Christine Lervold, Sue Fournier, Lisa Lowerison, as well as head coach Dexter Janke.
I hope that all, including my members from the Okanagan, will join me in congratulating both teams but also in giving a huge shout-out to the Rebels, who will now, in a couple of weeks’ time, on November 11, be competing proudly, with B.C. behind them, for the Canadian Bowl — November 11 at Starlight Stadium. If anyone wants to be there, it’s a great opportunity to be in Langford — one of the best cities in the province, I might add — for an incredible game and exciting football.
My thanks to both teams.
Go, Rebels, go!
RANCH SUSTAINABILITY
AWARD
RECIPIENTS
G. Kyllo: Today I rise in the House to extend my heartfelt congratulations to Werner and Jody Stump, the well-deserved recipients of the B.C. Cattlemen’s Association 2023 ranch sustainability award.
Their remarkable work at Crystal Lake Ranch in Malakwa, southwest of Sicamous, embodies sustainability in practice. Werner and Jody’s dedication to harmonizing their cow-calf operation is truly inspiring. Their innovative practices are steeped in their deep appreciation for the land, water and wildlife that not only benefit their ranch but serve as an example for other ranches across the province.
The Werners have been leaders working with government on the forestry industry on the concept of silvipasture, which involves seeding domestic grasses and grazing cattle on forestry cutblocks after timber has been harvested.
An additional project of note involved bioengineering remediation on the Eagle River that was completed back in 2022, with design and technical oversight of the Department of Fisheries and Oceans and inclusion of Splatsin Elders, which led to some positive dialogue in the Secwépemc territory. Their commitment to water source management, use of high-efficiency irrigation systems and dedication to soil health through practices like no-till farming are a testament to their continuous quest for improvement.
I had the pleasure of attending Eagle River Secondary in Sicamous with Werner back in the early ’80s. Werner was on honour roll, principal’s list. It’s no surprise to me that Werner would be very successful in a career path, whichever it is that he chose.
He and Jody’s dedication to sustainability and innovative practices has been inspiring and is a shining example of how responsible land stewardship can lead to economic prosperity and conservation.
As he aptly put it: “Sustainability is not defined as a destination. Rather, it is a continuous process of improvement practices considering soil, water, air quality and biodiversity.”
Would the House please join me in congratulating Werner and Jody Stump, this year’s recipients of B.C. Cattlemen’s Association 2023 ranch sustainability award.
Oral Questions
GOVERNMENT RESPONSE TO FEDERAL
CARBON TAX CHANGES FOR
HOME HEATING
K. Falcon: Last week the federal government announced a break on carbon tax for home heating — a break that will apply to provinces back east but won’t apply to B.C. families unless this Premier takes action. As a Premier, I can tell you that I’d eliminate all home heating taxes immediately, giving British Columbians the relief they deserve from this NDP government’s middle-class squeeze.
The cold weather is here. Furnaces are being turned on right across this province.
Why won’t this Premier provide B.C. homeowners the same rate the federal government is giving people back east and eliminate the carbon tax on all home heating fuels in B.C. today?
Hon. D. Eby: Last week we saw what was clearly a rushed announcement from the federal government. It protects a particular type of heating. It doesn’t protect people.
Our commitment on this side of the House has been to take strong climate action while protecting people, providing, for example, carbon tax rebates. Still trying to figure out with the federal government where they’re headed on this issue.
I appreciate that the member opposite now opposes the carbon tax. That’s his position to flip and flop over, but for us, we’re going to continue supporting people and take action on climate. That’s what British Columbians expect.
Mr. Speaker: Leader of the Official Opposition, supplemental.
K. Falcon: Well, let’s be really clear about this. This is the government that broke the social contract that we had with the public that said that this was going to be a tax shift, not a tax grab.
I remind the Premier that, under us, all revenues, by law, had to go towards reducing personal income taxes and small business taxes, making it a shift, not a grab. That ended, of course, in the very first budget of this NDP government. They just couldn’t stomach having any dollars go back into taxpayers’ pockets. Now, under the NDP, we’ve got a situation where the average family of four…
Interjections.
Mr. Speaker: Shhh.
K. Falcon: …is stuck paying nearly $500 in net new carbon tax costs while our neighbours in Alberta and Saskatchewan see up to a $1,000 rebate. That’s their record.
Interjections.
Mr. Speaker: Members.
K. Falcon: There shouldn’t be a tax grab on something as straightforward as trying to keep your home warm in British Columbia.
My question to the Premier: why won’t the Premier level the playing field and exempt all home heating in British Columbia from the carbon tax?
Hon. D. Eby: The member knows that’s simply not right. A family of four who got $500 last year will get $900 this year. A single person who got $193.50 last year will get $447 this year. That’s more than double.
As to that ridiculous claim of carbon neutrality, when he sat on this side of the House, take it from no better source than the Canadian Taxpayers Federation, 2012: “It’s ridiculous for an average taxpayer to be told it’s revenue-neutral when they are forced to pay the ever-increasing carbon tax but have no ability to access the corresponding tax breaks.”
Or maybe the Fraser Institute: “B.C.’s carbon tax is often misperceived and misrepresented as being revenue-neutral. The carbon tax is currently not revenue-neutral.”
The member needs to (a) remember what he used to say about this issue before, and (b) remember what he did before, before he stands up and speaks in this House.
Mr. Speaker: Leader of the Official Opposition, second supplemental.
K. Falcon: I do actually remember. I remember we had a $30-a-tonne carbon tax that actually got improved results and lower emissions. I remember.
Now, under the NDP’s leadership, more than doubling the carbon tax, we’re seeing emissions go up. We are seeing more taxes hammering families. It is no longer a tax shift. It’s a tax grab.
The reality is that after seven years of this NDP government, we now know — the media is even reporting it — that British Columbia has become the most unaffordable province in the entire country. That’s the reality…
Interjections.
Mr. Speaker: Shhh, Members.
K. Falcon: …of the middle-class tax squeeze that’s happening under this NDP government.
We have a cost-of-living crisis, yet in other provinces, you have Premiers immediately acting to do something about it. Families are simply wondering why is it, when other provinces are quick to act on something and they’re getting a break on the east coast, that this Premier wouldn’t fight to give us a break on the west coast? The answer is because this Premier repeatedly fails to fight for families.
Will the Premier stand up and lead for once and stop this tax grab on all home heating in this province, yes or no?
Hon. D. Eby: Now, we absolutely are pushing the federal government to ensure that the exact same treatment on the east coast applies on the west coast. It’s common sense.
Interjections.
Mr. Speaker: Members, shhh.
Hon. D. Eby: But for this member, the architect of tolls on bridges, the guy who raised the MSP every year, the guy who raised ICBC rates every year to say: “Standing up for families”? Give me a break.
Now, if I want to know what this member’s position is, I think I’ll just have to look down the chamber and ask what the B.C. Conservative Party position is on the next issue, because this member cannot make up his mind on anything. Carbon tax, on harm reduction…. I wonder what it will be next. Maybe I should ask the Conservative Party.
S. Bond: Perhaps the Premier should actually talk to British Columbians who struggle every day to try to live in the most expensive province, British Columbia, under this Premier’s watch.
Here’s what we know. Nearly 40,000 households rely on heating oil, many of them right here on Vancouver Island, and families right across the province use natural gas to heat their homes and will pay almost $300 this year alone in carbon tax. These families deserve a break from this Premier, from his middle-class squeeze, but the Premier will not agree to that.
Will the Premier stand up today, straightforward, give families a break and exempt all home heating from the carbon tax, yes or no?
Hon. J. Osborne: Thank you to the member for the question.
Yes, indeed. Last week we saw a very rushed decision by the federal government making a decision they dropped on us with very little notice at all. We have been pushing the federal government for better co-delivery of programs to support British Columbians in the choices that they want to make.
We know British Columbians want to make the switch from fossil fuels to clean electricity through heat pump rebates. We expect — in fact, we demand — of the federal government that same support. But we’re not going to stop supporting people in delivering more affordable measures for people. That’s why the climate action tax credit…. That’s why we enhanced it, as we already heard, more than doubling it for individuals.
We’re going to continue to do this work because we know that’s what British Columbians expect of us. We’re going to drive down emissions with some of the strongest climate policies in North America, while we’re supporting people with a more affordable cost of living.
Mr. Speaker: Member for Prince George–Valemount, supplemental.
S. Bond: What people want to hear from this Premier is less finger-pointing and to see some action. He could do that today. In fact….
Interjections.
Mr. Speaker: Members. Members.
Let’s get the question, please. Members, let’s get the question.
Please proceed.
S. Bond: The members opposite might think it’s funny to talk about providing a more affordable lifestyle in British Columbia. We don’t think it’s funny, on this side of the House.
Let’s be clear to the minister. She knows the facts. Nearly one million households in British Columbia use natural gas to heat their homes. What they deserve is a break from the NDP’s tax grab.
After all of the rebates that we’ve heard about today, B.C. is one of the only provinces where a two-income family of four actually loses money on the carbon tax — hundreds of dollars. Meanwhile, families in Ontario come out ahead by $750, and those in Alberta and Saskatchewan are better off by $1,000 annually. The Premier could do this for British Columbians today.
Again, to the Premier, will he do the right thing and exempt all home heating from the carbon tax, yes or no?
Hon. J. Osborne: We are going to continue to support British Columbians in the work that we know they want us to do. That is taking action on climate. We’re not going to walk backwards on our climate policies. We’re going to stay focused on people, supporting them with rebates for switching to heat pumps, for example.
Of course, that’s not the only action we’re taking to support people in this province. We’ve reduced ICBC premiums by an average of $500 a year. We have lowered child care bills up to an additional $900 a month. We’re going to continue to put money back in people’s pockets…
Interjections.
Mr. Speaker: Members.
Hon. J. Osborne: …to support them where we know they need it. We’re going to take action on climate.
Interjections.
Mr. Speaker: Shhh, Members.
Hon. J. Osborne: We’re going to continue to do this work.
PROTECTION OF OLD-GROWTH FORESTS
AND CONSERVATION
TARGETS
S. Furstenau: Since we’re mostly in alignment about the need to address climate change, last week the province announced the creation of a conservation financing mechanism which will help the greatest defence against climate change, which is the natural world and, in particular, old-growth forests. With less than 3 percent of B.C.’s high-productivity old-growth forests still standing, this is a welcome and necessary step towards protecting those forests and creating new protected areas.
However, several loopholes remain in the government’s conservation financing initiative. For one, interim measures are missing to ensure that the most ecologically important areas are not logged while funding mechanisms and long-term forest landscape planning get underway. Secondly, no mention of ecosystem-based protection.
Without these targets, we might see the protection of alpine and subalpine trees while the giant, ancient trees continue to be logged, adhering to the province’s long-standing policy of talk and log.
My question is to the Minister of Forests. Will this government commit to ecosystem-based protection targets?
Hon. B. Ralston: Last week a very important announcement was made with the Premier, my colleague the Minister of Water, Land and Resource Stewardship and myself, setting forward a conservation financing mechanism. The government has contributed $150 million, and the B.C. Parks Foundation has matched that with another $150 million.
B.C. Parks Foundation is led by a number of people. Included among them is Ross Beaty, a well-known now-philanthropist, someone who made some money in the mining industry but seeks to advance conservation goals here in British Columbia.
I’m very confident that that new mechanism will lead to good decisions about taking land that should not be damaged in any way, that should be conserved for the future, out of any development streams and conserved for all time.
That’s the mechanism that we have, and that’s what we intend to do.
Mr. Speaker: Leader of the Third Party, supplemental.
S. Furstenau: Oh my goodness. I did read the press release. I do know what conservation financing is. I do know what the announcement was. But I asked a very specific question.
I’m just going to point out that this government has been trying to tell British Columbians that their old-growth harvesting has been at record lows and showed that B.C. is on the right track. But according to new analysis, instead of falling to the lowest level on record of old-growth logging, as reported by the former Minister of Forests, old-growth logging actually increased by 19 percent.
I’m going to try again. My question is to the Minister of Forests. Will this government commit to ecosystem-based protection targets?
Hon. B. Ralston: The old-growth strategic review was initiated by the government and is now being implemented. We’ve implemented a number of the measures, the recommendations. There are 14. We’ve adopted all of those and begun to implement them, whether it’s updating old-growth maps based on the best data available, the conservation financing mechanisms which we just spoke of, engaged with 204 First Nations on deferrals.
We implemented deferrals and protections on nearly 2.4 million hectares of old growth. We’ve contributed $185 million to support forest workers and communities. We’ve created the $180 million B.C. manufacturing jobs fund to help mills retrofit to get off old-growth logs and manufacture more high-value wood products and shift from industry-developed stewardship plans.
Formerly, a logging plan was submitted to the ministry without any community consultation. For that, we’ve substituted forest landscape plans developed in collaboration with communities and First Nations.
We’re in the process of transforming the forest sector. We’re well underway, and I invite the member to join us in that important work.
GOVERNMENT RESPONSE TO FEDERAL
CARBON TAX CHANGES FOR
HOME HEATING
B. Banman: Well, thank you very much. British Columbians are struggling to put food on the table and fuel in their tank. Mortgage payments are going up, and rents have hit an all-time high. Every single day hard-working British Columbians are struggling under the burden of inflation, red tape and punitive taxation imposed by this B.C. NDP government.
This is why the Conservative Party of British Columbia took a stand as the first party in this House to call for an end to the carbon tax.
Climate change is real. However….
Interjections.
Mr. Speaker: Members.
B. Banman: Let me say it again in case you didn’t hear it: climate change is real.
Interjections.
Mr. Speaker: Shhh, Members. Let’s get the question.
B. Banman: However, taxing British Columbian families into poverty is not the answer.
My question to the Premier is: will this NDP Premier listen to British Columbians who are struggling and help them by ending the carbon tax, or will he continue making life less and less and less affordable for everyday working British Columbians?
Hon. J. Osborne: It’s great to hear the member confirm that climate change is real, and it is something we should take really seriously. He knows it. When he was in the party he used to represent, they were part of putting a price on pollution as a key method of fighting climate change, moving our province to a cleaner, brighter, better future.
I think the member understands that there are climate policy experts who will say that this is widely seen as one of the most efficient, effective and progressive means of reducing emissions.
In fact, it’s been incredibly effective here in B.C. — both at reducing emissions, making the oil and gas industry less emissions-intensive, for example, but it also drives innovation. It helps to bolster innovation within industry.
Our goal is to continue working with British Columbians, answering to their call to meet our climate action targets, but understanding that affordability is a serious concern, and the member, rightly, raises that. That’s why we are taking action across so many different areas to support British Columbians in the cost of living.
The climate action tax credit…. I’ll say it again. With the enhanced tax credit, we’ve more than doubled what an individual received back. By 2030, most people will get more carbon tax back than they paid.
Mr. Speaker: Fourth Party House Leader, supplemental.
B. Banman: The carbon tax increases the cost of fuel, food, building new houses and so much more. It affects every aspect of the lives of British Columbians, and it does absolutely nothing to help the environment.
The Conservatives are the only party in this House willing to call out this carbon tax for what it is — a cash grab that goes directly into general coffers of this government.
Recently British Columbians learned that eastern Canadians, as we’ve heard, are getting a special exemption from the carbon tax on home heating oil. Once again, western Canadians are getting the short end of the stick and are being left out in the cold. There will be no exemption for home heating oil or any other form of heating for everyday, hard-working British Columbians. Once again, the federal Liberal tax…. The B.C. NDP coalition is leaving British Columbians out in the cold.
Will this Premier commit to righting this wrong by taking the carbon tax off of all home heating in British Columbia this winter?
Hon. J. Osborne: Let me just correct the member to say that the carbon tax goes back to industry, to innovate and reduce their emissions. It goes back to people in the form of a climate action tax credit. So it’s simply not true — the way he characterizes it.
Last week, of course, we saw the announcement from the federal government about the decision that they took — a decision that apparently wasn’t very well-thought-out. That’s why we are asking the federal government to partner with us to deliver better, enhanced rebates for people to make the switch that they want to make. They want to switch from fossil fuels to clean electricity.
We’re going to continue to push the federal government to join us in this work that British Columbians are calling for us to do. We’re going to continue to take action, make progress on our climate targets and support people.
R. Merrifield: Don Urban has worked for the same company for 35 years and earns a good middle-aged income as an airline pilot. But the rising costs of essentials, from groceries to fuel, means that Don has a shrinking paycheque with nothing left at the end of the month.
Don says: “The system is not fair as I watch my income being fed upon in interest rate hikes, climate change taxes, fuel taxes, food, etc.” This is the reality of the NDP’s middle-class squeeze that has Don and others referring to the Okanagan as “Brokanagan.”
When will the Premier give Don and countless others a break from the rising cost of everything under the NDP, specifically from exorbitant taxes on home heating?
Hon. K. Conroy: I thank the member for the question.
We recognize that people are facing real challenges when it comes to cost of living, and global inflation and high interest rates are raising costs. We get that. To that end, we are trying to support people in many different ways. I think the member was referring to middle-class families, not middle-aged families, but middle-class families are definitely feeling real challenges.
We have taken action to try to help those middle-class families and to try to help all families in this province. Making sure that we have reduced child care has been substantial. I’m not sure if Don has children that are in childcare, but people that have children in child care are putting a minimum of $900 back in their pockets — and it is helping them — a month. That’s substantial: up to $900 a month. You know, that’s incredible.
Reducing ICBC rates. I’m sure Don drives, you know, and $400 a year for drivers — that’s substantial.
Building more homes for middle-income people, right across the province. There are very few places in the province where we’re not working hard with municipalities. I mean, every municipality in the province got a substantial amount of funding to work towards infrastructure. That funding was going right in, to support those communities, to ensure that they have the infrastructure to expand on their housing. We know that all kinds of housing is needed in this province, whether it’s low-income people or middle-income, we know that they need that housing.
We’ve boosted B.C.’s family benefit. I’m not sure if Don has children, but every family in this province has had a boost to their income with B.C.’s family benefit.
There are many more options and many more things that we’ve been doing, and I’d be happy to expand on it more.
Mr. Speaker: Kelowna-Mission, supplemental.
R. Merrifield: Well, breaking news. B.C. is the most unaffordable jurisdiction in Canada, so that response from the minister will be nothing more than cold comfort to Don, who has had to delay his retirement, thanks to the NDP’s record-high spending with record-low results.
He is far from alone. Tanya Harding and her husband both hold well-paying jobs, yet they are feeling the pinch of shrinking paycheques thanks to the NDP’s record-breaking inflationary deficits and failed policies. With active young children and aging parents to care for, Tanya says: “I only buy groceries that are on sale now.”
How much worse does it need to get before the Premier admits that the NDP’s record-breaking inflationary deficits are making the middle-class squeeze worse, and will he give Tanya’s family a break on heating their home this winter?
Hon. K. Conroy: I just want to point out to the member that actually, everyday families in B.C. are paying lower taxes under our….
A family with two children making $100,000 a year pays 34 percent less in provincial taxes than what they did in 2016. Also, a family earning $30,000 — they don’t pay taxes. In fact, they now get $2,500 back in their pockets, unlike under the former government.
Yes, big corporations are paying a little more. Yes, they are, and that money is going right back into supporting average British Columbians right across the province.
I ask the member opposite: what would they cut? Would they cut the child care programs? Would they cut the supports to people so that they can pay lower taxes?
We get it. Times are tough. Things are expensive, but we are providing supports to people to help them right across the province.
COST OF LIVING AND
AFFORDABILITY
ISSUES
T. Halford: Well, if you’re tuning into question period, according to the NDP, everything is fine in British Columbia, and there’s absolutely no affordability crisis.
People cannot even afford the basics, like groceries, without maxing out their credit cards. This is the reality of the NDP’s new normal, where people can’t even afford to heat their homes without breaking the bank.
How much longer will this Premier ignore the desperation of people forced to rely on their credit cards for groceries due to this NDP’s record-breaking failed policies?
Hon. K. Conroy: We recognize times are tough. That’s why, under us, we’re going to continue to support people, unlike the other side that used to cut services to people when times got tough.
The family child tax benefit was introduced in 2016, I believe it was, or further back. It was only to people that had children under six. It eliminated a whole group of families that have children that are older than six. We extended that so it supports families that have kids right up to the age of 18.
Again, the more we talk about our child care…. The members opposite pooh-pooh it. Maybe that’s because they cancelled the child care program back in 2001, when the Liberals were elected.
It is putting significant dollars back into the pockets of people.
Interjections.
Mr. Speaker: Members.
Hon. K. Conroy: People are telling me that, in fact, they are taking those dollars they’re saving on not having to pay for additional child care — but they get the full childcare they need — and they’re putting that money back into buying groceries, paying for things that they need.
We recognize times are tough.
Interjection.
Hon. K. Conroy: The member is saying: “Thank you.” I’d ask the Leader of the Opposition…. He cut things when he was Finance Minister. He was very quick to cut things. There’s a whole list of programs that he cut.
So let’s talk about…. If he was ever in this government again, God forbid, would he continue to cut all those programs that we have been putting in to support people across the province?
GOVERNMENT RESPONSE TO FEDERAL
CARBON TAX CHANGES FOR
HOME HEATING
P. Milobar: It’s results that people actually want to see from this government. It’s a lack of results that they’re getting. After seven years and two elections, all this government has done…. It has added 29 new or increased taxes, an extra $20 billion in taxation annually in the province of British Columbia.
If the minister wants to know something to cut, cut the carbon tax on home heating fuels, like the federal government is doing. This government doesn’t seem to know how to cut a tax. They only seem to know how to raise them.
They talk about the climate action tax credit going up. That’s because they’ve doubled the carbon tax. The climate action tax credit has been around since 2008. Of course it should go up, because you’ve doubled carbon tax.
The economic policies of this Premier are tightening the middle-class squeeze. As of last month, we are officially the most unaffordable jurisdiction in Canada. We have outpaced the national rate of inflation ten of the last 15 months.
There’s the largest inflationary deficit in B.C. history, and these policies are slated to cost us an estimated $28 billion a year to our overall economy, which will translate to $5,000 for everybody per year in this province.
Why is the Premier not giving back to families and a break on home heating while still recklessly driving up the cost of living in B.C.?
Hon. K. Conroy: Just to make it clear, 85 percent of the people in this province are benefiting from the climate action tax credit. In fact, it’s more than doubled for 85 percent of the people of this province. The member makes comments about B.C.
Interjections.
Mr. Speaker: Members. Members.
Hon. K. Conroy: B.C. is actually a fiscal and economic leader in Canada. The members opposite do not like to acknowledge that. We have added over 51,000 jobs this year in the province.
Interjection.
Hon. K. Conroy: No, last year our job growth was mostly in the private sector, and job growth….
Interjections.
Mr. Speaker: Members. Members, let’s not.
Hon. K. Conroy: In 2022, almost 63,000 new jobs, and almost 55,000 were in the private sector. Let’s compare that to 2012.
Interjections.
Mr. Speaker: Members. Let’s not prolong the question period unnecessarily.
Hon. K. Conroy: Thou doth protest too much.
Interjection.
Mr. Speaker: Member.
Hon. K. Conroy: In 2012, there were 17,700 total jobs. The member talks about how we’re hiring too many nurses, too many doctors, too many people in the public sector. Do they not want those people to provide services to the people of this province?
Interjections.
Mr. Speaker: Members. Members, shhh.
Hon. K. Conroy: My goodness. They don’t want us to hire teachers. They don’t want us to hire nurses. So what would they cut? What would they cut?
Interjections.
Mr. Speaker: Members.
Hon. K. Conroy: I think that’s what we need to ask. What would they cut?
[End of question period.]
Petitions
Hon. M. Dean: I rise to present a petition. It’s from Eric Chang from Colwood. There are 454 signatures asking the House to take such action as will be required to revise the foreign buyers tax so that presale buyers who committed to property purchases ahead of July 25, 2016, without knowledge of the upcoming foreign buyers tax, are retroactively not taxed.
Tabling Documents
Hon. R. Kahlon: On behalf of the Minister of Environment and Climate Change Strategy, I have the honour to present the environmental emergency program 2022-2023 report to the Legislature, which covers the accomplishments of the program over the previous fiscal year.
Orders of the Day
Hon. R. Kahlon: In this chamber, I call second reading on Bill 38, International Credentials Recognition Act.
In the Douglas Fir Committee Room, I call Committee of the Whole, Bill 34, Restricting Public Consumption of Illegal Substances Act.
In the third House, committee room C, I call the Committee of the Whole for Bill 31, Emergency and Disaster Management Act.
Second Reading of Bills
BILL 38 — INTERNATIONAL CREDENTIALS
RECOGNITION
ACT
Hon. A. Mercier: I move that the International Credential Recognition Act be read a second time now.
For too long, the international credential assessment process for internationally trained professionals in British Columbia has been long and difficult.
This is why we’ve introduced Bill 38, the International Credentials Recognition Act, to focus on removing unfair and unnecessary barriers standing in the way of internationally trained professionals actually working in the fields that they’ve trained for in British Columbia. This act is about promoting transparency, fairness and efficiency in professional regulatory bodies. It impacts 29 professions and 18 regulators.
[N. Letnick in the chair.]
The fact is that we are in a supply-driven labour market. The labour market outlook tells us that in the next ten years, by 2032, we can expect to have over one million job vacancies, a stunning 80 percent of which will require some degree of post-secondary. And 40 percent of these jobs are projected to be filled through immigration. That’s a pretty significant thing when you consider that most of these job vacancies, two-thirds of them, are caused by traditional retirement in the labour market.
Now, the fact is that British Columbia is growing. We’ve added 250,000 new immigrants to British Columbia, newcomers, in the past two years. This gets talked about a lot as a labour shortage. But the reality is, I think, that this is far more of a matching issue that’s happening right now, where we have people with the skills, and we have people with the training, here in B.C., that are unable to practise in their chosen professions and are effectively barred from it by a maze of very complicated regulatory processes.
It’s not just about economics or the labour market in a real sense. International credential recognition and the barriers that are in place for internationally trained professionals are a question of basic fairness. This is, in many ways, a social justice issue.
Since taking this file on last year, I began with the team in post-secondary, a series of engagements with internationally trained professionals, immigrant-serving organizations, professional regulatory bodies, advocacy groups, employers and domestically trained professionals. Collectively, we talked to well over 1,000 people about a pretty important topic.
There are a couple of conclusions I drew from that that were pretty stark. One is that the experience of going through the international credential recognition process for internationally trained professionals is long. It’s complicated. Many people told me it was demeaning. It stood in stark contrast to what a lot of folks who immigrate to Canada felt they were promised when they came here, which was…. They immigrated through a points system that prioritized having professional certifications, like being an engineer, without it being necessarily transparent how difficult credential recognition was when they got here.
It’s a basic fairness issue, and it really came across that everyone we spoke to, including everyone that I spoke to that was in a professional regulatory body or worked for a professional college…. No one I spoke to would defend the system as it stands now. Everyone agreed that there needs to be significant change. Now, there are disagreements on the degree of change. But there wasn’t a disagreement in kind, which is that what we have now isn’t working.
There are a couple of stories that really stuck with me in particular and, I think, really went to inform the drafting of this legislation.
I remember speaking, at one of the engagements, to an Iranian engineer. He told me about every step of the process that he went through to get his engineering licence. He told me that most immigrants don’t come here by themselves. They come here with their families or with the hope of bringing their families over. It’s a big leap, when you’re a trained professional, to leave your vocation and leave your career and start again, start fresh. There’s a huge economic cost to it.
He told me about the years it took to go through the process, all of the red tape along the way and the cost. To finally get to the end of it, to finally get to the point where he’s proven his competencies, where he’s gotten the equivalency of education recognized and everything else, and to be told at the end: “By the way, you have to go do a year or more of Canadian work experience.”
What that means, for the members here…. The Canadian work experience requirement is a requirement that when you’re an internationally trained professional, you work under the supervision of a Canadian professional for a length of time before your licence is recognized. It’s a catch-22 for a lot of internationally trained professionals because they have to go and find someone to take them on, which can often mean moving, if you can find anyone at all, and working at a cut rate.
I’ll never forget what he said to me. He said: “Look, I did everything I was told to do. It was a nightmare to figure out how to become licensed.” He did everything that he was told to do, and then he got to the end of the process, and he was told: “Your 20-plus years’ experience as an engineer abroad weren’t worth a single day in Canada.” That really stuck with me.
We heard from so many internationally trained professionals about redundant and expensive English language requirements. I remember speaking to one professional from Hong Kong who talked to me about…. He had a master’s degree from the United Kingdom. He’d lived in the U.K., been educated in the U.K., and he had to write an English exam when he came and he got his PR. Then he had to write another English exam, the same exam, when he went to apply for his licence.
Then, in the period of time it took the regulator to assess whether or not his application was complete — not assess the application on the merits but assess whether or not it was complete — he had to retake English exams every 12 months. He told me, “Look, the longer I spend here, the better my English is getting. I haven’t forgotten how to speak English since I came to Canada, and I came from an English-speaking country,” the United Kingdom, where he did his education.
I heard that story or a variant of that story so many times over the course of engagements. There are so many layered processes, redundant processes and expensive processes that just add an insult to injury for internationally trained professionals who are just working so hard to get through this.
When we announced the legislation the other day with the Premier, we had Alice Wong come and speak, who’s an internationally trained social worker that, I think, very, very aptly summarized the story I’ve heard now from so many internationally trained professionals, about just feeling left alone completely to their own devices to navigate a system that’s not advertised to them in any kind of way.
To me, it all really highlighted the difficulty with how Canada holds itself out to the world with the points system, saying, “We want you because you’re a professional,” and what happens when folks come and go through the certification process. There is a lot of work that we have to do there, and this bill is a part of that.
I want to say, as well, that regulators play an incredibly important role in all of this. I think regulators do two really core things. They make sure that public safety and the public interest are protected, but they also make sure that the integrity of the profession is protected. That’s as it should be. They are there to be partners within that process. And I heard that time and again across the board.
Sometimes some regulators are comparatively smaller than others and require more assistance to meet standards and guidelines, and we need to be there for them. That’s a message that was taken away.
Since we came into government in 2017, we have done so much work moving this file forward. We introduced the credential assessment improvement fund in 2019 that addresses exactly the issue I just raised.
That is a fund that is there for regulators who are seeking to improve their processes for international applicants and to engage in projects that streamline or facilitate the international credential assessment process. Effectively, as government we will fund those projects so that they can meet those. I think that’s a very core fund to be there, as well, as we put these standards into place.
Just last year in this House, we introduced the Health Professions and Occupations Act, which sets out a superintendent of health professions, which has authority over extrajurisdictional applicants policy with a set of health professions that it’s applicable to and provides health oversight. I think that’s an incredibly important bill that does a lot of heavy lifting when it comes to international credential recognition.
We need to build that work out. We’ve focused on the health professions. We’ve done a lot on the health professions, and I’ll talk about that, but we’ve focused on them because of the high importance and salience health takes in our society. We need to extend that work out beyond that to the rest of the professions.
Just a few months ago I announced, as well, the International Credential Fund, which is a $1½ million fund administered by a non-profit called ASPECT B.C. That’s there for immigrant-serving organizations specifically, to help with a series of measures for international credential assessment and to help the internationally trained professionals going through that assessment.
For instance, one thing that was really identified for us was a need for mentorship, and a need for mentorship from peers with lived experience going through the process to help navigate it. That fund is being used for projects like that, which, I think, is incredibly important as we get into the work of this act.
We are taking action by extending that work that we started with health and extending that to 29 professions, from engineers and lawyers and architects to paramedics, social workers and veterinarians. This will touch a significant amount of people and a significant amount of professions.
I’m going to talk a bit about what this bill does. I don’t propose to take too much time at second reading. I’m going to talk about what this bill does, but I just want to say first what it doesn’t do.
What this bill doesn’t do is interfere with or prescribe the substantive ability of professional regulatory bodies to set criteria related to competencies and technical knowledge. I think that would be, frankly, inappropriate, and I think most people would agree with that — that the professional regulatory bodies which are closest to the professions are the best situated to make decisions on the knowledge and skills needed for scope of practice.
That being said, there are so many process-oriented steps that need to be fixed. This is a very process-oriented bill in terms of removing, effectively, bureaucracy around this. We have had multiple regulators across multiple professions, all of which, over decades, have evolved their own processes to greater or lesser extents, and there hasn’t been a streamlining or a rationalizing around it.
This act is going to promote transparency, efficiency and fairness in that process, and it’s going to start by doing some pretty significant things. We are going to remove the Canadian work experience requirements across these professions. That is going to save years of people’s lives before they can go into and work their professions.
The amount of professionals I’ve talked to who have just given up and walked away because of barriers like this is staggering. I think this is something really significant that’s going to affect and change a lot of lives.
You know, I was struck by the fact that…. I spoke to a lot of regulators that told me during the engagement: “Hey, look, we know the Canadian work experience requirement isn’t actually measuring what we want it to measure. We need to move to competency-based assessments.” I think this is going to be a core part of helping make that shift to a better system.
Another provision here in this act is the limitations and restrictions on redundant and expensive language tests. You ought not to have to continually prove that you speak English just because an arbitrary expiry date was put on the test. This legislation is going to make sure that that’s there.
I can’t stress enough — I’ve said it, but I can’t stress it enough — what a big deal this was for all of the internationally trained professionals I’ve talked to, that have talked about just walking away when they’re sitting there hitting refresh on a computer, waiting to see if their application has been assessed, and they’re told: “Go prove you speak English again.”
There are also a lot of things in here that are going to help with timelines. In particular, there will be a responsibility upon regulators, for third parties that they contract with, to check the veracity of credentials. That’s important because it’s very clear to me that a lot of slippage in time happens there, as soon as the work is contracted out. So it’s about making the regulator accountable for that.
As well, setting maximum processing timelines on regulators and a whole measure of requirements to keep the process timely and focused. We’re also going to tackle unfair fee differentials for international applicants and domestically trained applicants so that it’s comparable and based on reasonable grounds.
Something that I think is very significant on the professional regulatory side is making sure that there are reporting requirements and that there’s data collection that happens. I’m not going to name names, but I did speak to one regulator that told me pretty frankly that they don’t keep data on international applicants.
If you don’t have eyes on the problem, then how can you assess how well you’re doing at it? I think this is pretty critically important. There are a lot of regulators who have really embraced this approach and have used some funds from the credential assessment improvement fund — I’m thinking of engineers and geoscientists, for example — to do that work.
Transparency is a key part of this. It sounds so simple, but there are so many internationally trained professionals that come to Canada…. As I said before, with the points system, they’re told: “Hey, come here; you’re an engineer.” “Hey, come here; you’re a veterinarian.” Then aren’t told or given a clear pathway to credential recognition. This will require professional regulatory authorities to publish the pathway on their websites and to issue reports on the progress of that.
Most importantly, and the thing I heard across the board from immigrant-serving organizations, from professionals, from folks, is that for any of this to work, for any of this to land where the rubber hits the road, enforcement and oversight are absolutely critical, which is why one of the core things this act does is set up a superintendent of international credential recognition.
That superintendent is going to work hand in hand with the superintendent of the health professions and occupations on establishing guidelines around timelines and best practices. But the superintendent of international credential recognition is going to have some fairly significant authorities in order to get to compliance with professional regulators.
We’ve had some experience with this now in government. We introduced, in a previous session, the office of the superintendent of professional governance, through the Professional Governance Act. We intend to leverage the experience of the office of the superintendent of professional government. We can do this at no additional cost, using the FTEs we have with the OSPG and in the ministry in order to bring those best practices to bear and to make sure that we’re focused on an education-to-compliance model so that we can get more folks working here faster.
I think this is long overdue. I’m really excited about it, and I think it’s going to make a lot of positive changes in a lot of folks’ lives. I’m looking forward to, and I welcome, the debate.
G. Kyllo: I’m pleased to rise in the House today to speak on Bill 38. The bill aims to expedite the international recognition of international credentials here in British Columbia.
For years, B.C. United has consistently advocated for fast-tracking of credential recognition here in the province of B.C. However, after silence and inaction from the NDP, it’s a welcome surprise that government has finally recognized the importance of internationally trained professionals to our workforce.
B.C. has long been held in high esteem for our beautiful landscapes and our strong economy, attracting immigrants who want to call British Columbia home while pursuing a career in their trained profession. Unfortunately, this has not been the reality for many.
Foreign trade professionals have been left disappointed as a promise of building a career here in B.C. has been jeopardized by unnecessarily complex red tape and bureaucracy. Ultimately, these unfair processes are leading many to give up on the possibility of working in their previous field and choose alternative careers, diminishing British Columbians’ workforce potential.
We’re even starting to hear stories of immigrants considering leaving British Columbia because life is too expensive and the profession that they are trained in is now out of reach simply due to exhaustive bureaucratic challenges. Streamlining and expediting the recognition of international credentials is crucial to officially harness the skills of an ever-growing workforce.
While this bill does have some sensible measures, and we certainly welcome the intention of streamlining approvals in these 29 professions, there’s little in this bill that gives us confidence that we’ll start seeing better results.
This is, in essence, a bill to make international credential approval faster, yet it contains no target time range in which this will happen, and there’s no detailed timeline that this process will follow.
We see consistently from this government big, bold announcements, but seldom do we see the homework being undertaken to consult with different industry groups or, in this case, with the regulators to clearly understand what the current timeline is.
What is the current backlog? What is the number of international trained professionals that are actually seeking to have their credentials recognized in B.C.?
We certainly have not seen any of that homework being done to understand what the baseline is. What is the current backlog that exists within the 19 different regulators that have accountability for these 29 professions? What is the fastest timeline that an international individual could expect to have their credentials recognized? What’s the longest time period?
Government has failed. I certainly stand to be corrected. But again, the government has failed to actually reach out to the regulators and have a good understanding of how big a problem this really is.
My concern with this piece of legislation…. Without that baseline data being established, how will we know with the new superintendent and the millions of additional dollars of bureaucratic red-tape to create this new office…? How are we going to have confidence and in any way, shape or form be able to measure the success of the superintendent in the years ahead?
We’ve seen this with the reckless process this government has undertaken around drug decriminalization. The federal government asked for that baseline data to be understood so that the federal government could actually have some semblance of understanding on whether these policies of this NDP government are actually improving the situation or not.
But they failed to do their homework. This is again yet another example where a big announcement, millions of additional dollars, a whole new bureaucracy, a new deputy minister with a whole bunch of additional staff….
I’m quite certain that when this piece of legislation was brought forward to Treasury Board or to cabinet, there must have been an outset of an established budget, but we’re failing to see any reference to it. The minister failed to answer the question when the question was posed by the media about what this is going to cost taxpayers.
It’s a real challenge, and I think everybody in British Columbia would understand the concept: if you can’t measure it, you can’t manage it. Data should drive decisions. Yet in the absence of the baseline data, how will we know whether this piece of legislation is actually serving international professionals that seek to have their credentials recognized here in British Columbia when government has not done that baseline work?
This is all stick and no carrot. Where are the incentives? Where is the collaboration? Where is the opportunity to work with the regulators to better understand, as the minister had indicated, the very important work that the regulators undertake as far as ensuring public safety, the integrity of the profession?
Clearly, the regulator will continue to have full control over the standards and the guidelines to determine the competencies, the technical knowledge of internationally trained professionals.
It’s quite concerning to see a government that seems to know best. The government is going to be heavy-handed and start policing the regulators, but again, to my initial point, it is not establishing that baseline data. So how will British Columbians know in the years ahead…? How are internationally trained professionals…? How will they know that the process is actually improving or potentially getting worse?
That’s certainly one of the concerns, and we’ll certainly be looking forward to, in committee stage, asking more detailed questions about that process.
Now, the only mention of timing specifically in the bill is that it must be enacted on a “reasonable timeline,” yet when we go to the definitions at the front end of the bill, there’s no definition for a reasonable timeline. So I’m sure that the regulators will be wondering: what does government understand to be a reasonable timeline? I’m interested in finding out what a reasonable timeline is. Is that a year? Is it two years? Is it five years? We don’t know.
As we go through the scrutiny of the bill, clause by clause, line by line, it’ll be very important, and I hope that the minister will have the opportunity, to better clarify what reasonable timeline actually refers to, because that is really the only clear definition of a timeline that’s actually set out in the bill as far as the amount of time that a regulator may have to undertake to ensure the competencies and the knowledge and skill set of those internationally trained professionals.
Now, if government’s track record is any indication, all we’ll see is just another announcement followed by continued delays, little transparency and, unfortunately, disappointing results. I’m also left a bit confused at how the government plans to measure the results of the bill without that baseline data. And how will we know if it’s working as intended and if the approval process really has been sped up?
Furthermore, in a fashion that has become typical of the government, Bill 38 fails to include key recommendations from the What We Heard report. We understand that there was a significant consultation process that was undertaken by the ministry, and it was culminated in a report that came out towards the end of July called What We Heard.
Now, within that What We Heard report implementation, there were eight themes that were actually identified. I think I’ll read those into the record now.
Theme 1: “Streamlining complex processes and shortening timelines.”
Theme 2: “Improving the accessibility, consistency and transparency of information about the licensure process and requirements.”
Theme 3: “Exploring alternative pathways for credential recognition.”
Theme 4: “Exploring more flexible approaches to demonstrate language proficiency.”
Theme 5: “Introducing performance standards for data and reporting.”
Theme 6: “Increasing financial and other supports for internationally trained professionals and regulatory authorities.”
Theme 7: “Improving coordination between government and regulatory authorities at the provincial and federal level.”
Theme 8: “Strengthening collaboration between regulatory authorities, educational institutions, employers and immigrant-serving organizations to support licensure integration.”
So eight themes identified. From what I can see, only three of those themes have largely been addressed in this legislation.
The important pieces…. This is where I think it’s important to take note of the approach of this government. The opportunities for collaborating, for working with regulators to try and find workable solutions to better understanding all of the different processes the regulators go through in ensuring the integrity and the skill set of those individuals that are coming to British Columbia to have their international credentials recognized here….
That whole aspect seems to have failed or not been addressed by government. Government has taken the heavy-handed-stick approach to spend a whole bunch more millions of dollars, of tax dollars. Put another superintendent in charge with a whole bunch more staff to come in with the club and to have the opportunity of fining organizations significant amounts of dollars for those that aren’t complying with what we have yet to understand from this government as far as what a reasonable timeline is.
I think that not just British Columbians and foreign professionals would be concerned, but I think the regulators also are likely quite concerned. And I’m certainly interested to find out what true consultation was undertaken directly with the regulators, not just the general public and those individuals that are sitting and waiting for their credentials to be recognized here in British Columbia.
Now, the omission of many of the recommendations raises concerns about government’s thoroughness in its approach to international credential recognition. British Columbians need tangible results. Unfortunately, the NDP believes that the answer to clearing bureaucratic hurdles is to pile on more bureaucratic government hurdles and more bureaucracy.
Since the NDP took government in 2017, we’ve seen a 36 percent expansion in the public service. Think about that — a 36 percent increase in the public service, adding over 137,000 additional workers. The cost is $17 billion a year. Despite the bloated public service, results are worse across the board. Spending money aimlessly and adding bureaucracy does not get the results that British Columbians are looking for.
This legislation seems more inclined towards increasing regulations and red tape instead of fostering collaboration with the regulators, as we’ve been discussing here this afternoon, or providing incentives for the regulators to ensure that they have the opportunity and the supports necessary to achieve a common goal. The common goal is to increase and ease the opportunity for internationally-trained professionals to have their credentials recognized here in B.C. without negatively impacting the opportunity for the regulator to ensure that the public is not put at risk. Ultimately the legislation comes after years of NDP inaction and fails to provide the urgency that’s required.
It’s interesting, as we look to finding opportunities for having foreign trade professionals have their credentials recognized here. I think it’s also worth noting, though, that there are other trained individuals in British Columbia that have been discriminated against and not provided that opportunity to work here in B.C., largely on account of the community benefits agreements.
The CBAs put requirements where only unionized workers that belong to a subset, a very small group of unions, the B.C. building trade unions, are given preferential treatment for working on public infrastructure projects in B.C. Both in horizontal and now in vertical construction, it’s added and layered on billions of additional dollars in cost and led to huge cost overruns.
We have a government, on one hand, trying to put pressure on the regulators to expedite the opportunity for national professionals to have their credentials recognized to work here in the trained professions in B.C. We have other trained British Columbians and Canadian citizens who are denied the opportunity to work on government infrastructure projects because they do not belong to one of the NDP’s 19 handpicked unions. That’s unfortunate.
I certainly don’t disagree with the opportunity for government to make decisions around open shop, closed shop. But to go so far is to deny the opportunity for a worker in B.C., who should have the right to choose to associate, to belong to a union of their choosing…. To have that right diminished and slashed and downtrodden because some unions, maybe, are not so supportive of this current government….
The discriminatory behaviour of this government, of establishing a very finite set of criteria by which if you want to work on a government infrastructure project in B.C., you don’t have the choice of choosing your union to represent you…. If you want to go to work on a taxpayer-funded project in B.C., you have no choice but to have to join one of these 19 handpicked unions, which are, of course, NDP-friendly unions. That is offensive.
I certainly look forward to comments from my colleague and from others that may wish to speak here in second reading. I certainly look forward to the opportunity to have further scrutiny of this piece of legislation in committee stage.
R. Parmar: I’m particularly proud to stand in this House today as the MLA for Langford–Juan de Fuca on behalf of all of the people of Langford–Juan de Fuca to speak about a very important piece of legislation. Though, after hearing the last 15 minutes or so, I got the sense from the MLA for Shuswap that he doesn’t agree that this is an important legislation that is delivering for people. It’s always a pleasure to get to stand in this House and talk about the value of community benefit agreements and how they’re delivering for people.
I’m going to spend some time actually talking about Bill 38. What I would add is that it’s one of the historic pieces of legislation to be introduced in this House and again, nation-leading in itself.
I spent a lot of time on the doors this year, knocking on a lot of doors throughout Langford and Sooke, even out to Port Renfrew, talking to people about the issues that matter to them, whether that was more housing, access to child care or investments in health care. This one caught me off guard with the amount of times it came up at the doorstep.
There was one particular constituent who I came across who lives on El Paseo Place in the southern part of Langford in the Happy Valley at Latoria area. I remember knocking on her door. She’s from Czechoslovakia, immigrated here over 20 years ago and is a proud resident of Langford and British Columbia.
She brought with her skills and abilities from her home country and all of the time, energy and money that she spent getting a master’s degree, only to come to Canada, only to come to British Columbia over 20 years ago and be told that when she was trying to get her credentials recognized, a master’s degree, they would only recognize one credit. That was a slap in the face to her and to her family and really impacted the trajectory of her life in so many ways.
That really touched me in a big way. It’s something that I often talk to people about when I’m talking about this legislation — that constituent who really showed me the need for this type of legislation and the need for government to take action. That’s what this legislation is all about. It’s about delivering for people. It’s about working with regulators and working with the private sector and working with business.
When I look at this legislation, this is a job creation tool in so many ways. For too long, under many governments, going back 30, 40, 50 years, when we had tons of immigrants coming to this country, we said to immigrants: “We want you to be here. We want you to be here in British Columbia.” But, clearly, we told them that we didn’t want their skills. By bringing forward this legislation, in so many ways we’re rectifying that.
We have a talent shortage in British Columbia. I certainly see that in my community of Langford–Juan de Fuca in terms of the different business owners that I talk to. We’re particularly excited in Langford–Juan de Fuca, because we’re going to be opening up a new university, a new post-secondary institution, about this time next year.
When I think of the opportunities that that gives to people from the tech sector and all across many sectors, the opportunity to immigrate here and utilize their skills, that’s good for them. But more so, that’s good for us as a government and as a society — the ability for people to come from all walks of life and utilize those skills and deliver important services in so many ways.
As you may know, I served as a school board trustee and chair of my school board for almost ten years. One of the issues that we came across in our local school board was specialized teachers — in getting access to music teachers and, in particular, French immersion teachers. The amount of times that I would go into a classroom and a young student would pull me aside and say, “I’m a French immersion student,” and I’d say: “That’s fantastic. I wish I did French immersion. I wish I was trilingual. It didn’t work out, unfortunately. I’ve got Punjabi, though, so I’m happy about that.”
They pulled me aside and said: “I’m a French immersion student, but I want you to know that I have a substitute today.” I’m like: “Okay, cool. Substitutes are great.” They’re like: “Do you know what my substitute speaks in class?” I’m like: “French?” “No, English.”
Because of the shortage of French immersion teachers we have in British Columbia, and in particular we were having in the Sooke school district, whenever a French immersion teacher called in sick, there would be an English teacher in front of them. That certainly impacted students at John Stubbs Memorial School; at Belmont; now Royal Bay, which has the French immersion project; and at a whole host of other schools across the province.
Look, I’m going to be brief. This legislation is about delivering for people. It’s about taking on an initiative that’s impacting families all across the country.
I had an opportunity to be in Ukraine and now meet with many new refugees who have made British Columbia and Langford–Juan de Fuca their home. They’ve talked to me about the challenges they’re facing with having their credentials recognized. When they saw this legislation, they saw hope. They saw an opportunity for their credentials to be recognized, and they saw an opportunity for them to be recognized for the work they did in their home country and for them to be able to continue doing that work here. So it’s pretty simple.
After hearing the member talk about this legislation as more red tape and more regulation, it was great to see, when the legislation was introduced by my friend the Minister of State for Workforce Development…. Bridgitte Anderson, who is the president of the Greater Vancouver Board of Trade, simply called it “a commonsense initiative.” It’s too bad the Conservative members are not here. I think they would have enjoyed that quote.
I’m particularly proud of the work that the minister has done. I know that he has done a lot of engagement in communities all across the province. I’m certainly looking forward to having him come to my community to talk about this important legislation and what it’s going to mean for new immigrants and for people in our communities.
I’ll end by saying that as much as this legislation is important for the next generation, we have another generation that is not going to get a chance to benefit from this. To those who have arrived in B.C. over the years — I certainly have many family members who would fit this bill — and didn’t see their hard-earned credentials recognized or who faced countless challenges that led them to go into a different field because they didn’t want to go through significant waiting periods…. I want them to know that our government is truly sorry and that I’m truly sorry.
With today’s legislation, with Bill 38 introduced in this House and being debated now…. Hopefully, it will be passed in due course. I want them to know….
We see you, we hear you, and we will deliver for the next generation of British Columbians. In particular, for the people in Langford–Juan de Fuca, I want you to know that the conversations that I had, especially with that wonderful woman on El Paseo Place….
We’re taking action on the issues that matter to her and on the issue that she raised with me.
C. Oakes: I rise in response to Bill 38, the International Credentials Recognition Act.
Certainly, B.C. United has consistently advocated for the fast-tracking of credential recognition and the importance of streamlining and expediting the recognition of international credentials. We do believe it’s crucial to efficiently harness the skills of a diverse workforce. We certainly support that.
I would like to take a moment, perhaps, just to respond to a few things that the member for Langford–Juan de Fuca talked about. I do agree. It is critically important that we look at workforce development. We have labour shortage challenges across this province. The member talked about this being a piece of legislation that provides hope for people looking to come and follow that Canadian dream. We want to have that message out there.
I want to talk for a moment about the hope that we can provide to British Columbians. I want to spend a moment to share what I have heard, across this province, from student union groups, advocates and people that are looking at following their dreams.
The diminishing sense of hope that I’ve heard from British Columbians with following their dreams, whether it’s to be a music teacher, an engineer, a teacher, an early childhood educator, a technician, a social worker, a veterinarian, a lawyer, a biologist, an architect or a chartered accountant…. I could go on and on, on the list that’s recognized here.
I think it’s important. First and foremost, we should always ensure that we’re providing every opportunity for British Columbians to have access to that incredibly important post-secondary education in our province.
I would like to go over some data I’ve read in this House before that is incredibly relevant and important. Over the last decade, the total head count enrolments across all programs in the B.C. public post-secondary system have declined by 3 percent, from nearly 431,630 people in 2012-2013 to 420,777 in 2021-2022. At the same time, we’ve seen significant student growth in our K to 12 as a lot more people move to British Columbia.
I raise these important statistics…. What they’re saying is that we have a generation…. We have students in every part of this province that are deciding not to or, for whatever reason, are not able to go into post-secondary education and provide critically important services that all the public in this province rely on.
We look at B.C. colleges. They’ve experienced domestic enrolment declines over the last three years. Rural colleges that once offered a full suite of course options have dramatically reduced program offerings.
Part of the challenge is…. Of course, we went through COVID, and that has dramatically changed how people access post-secondary education.
How that’s relevant to the bill that is before us today is…. We do need to understand the benchmark and the labour focus needs in each of the areas that have been identified. I think the first benchmark and the first thing we need to look at is: what is happening in British Columbia? Where has our workforce gone?
I hear that across this province. How do we instil hope in British Columbia? How do we make sure our kids know that there are opportunities to not just go into post-secondary and follow their dreams but that the seats are going to be available to them so that they can finish their post-secondary education in British Columbia?
A lot of the people that I’ve talked to in relation to this bill, actually, are British Columbians that have had to go out of province to complete their education. Now they are looking at getting their credentials recognized, and this is a good piece of legislation to help them recognize their credentials.
Perhaps the first question we should be asking, as members of this House, is: are we doing everything possible to make sure British Columbians have access in each of those areas to fulfil their educational dreams?
The notary public group is on this list. I had the opportunity to meet with them last week. One of the things that they mentioned…. There is only one place in British Columbia where you can actually get certified for training. That’s SFU, and there’s a limited amount of seats. They said that one of the things that they could do is….They could grow the opportunities for British Columbians to get access to that if we had more seats available in British Columbia.
That was feedback that was brought to us that we could look at. I think it’s a reasonable thing that we could certainly pursue.
When we look at improving accessibility and transparency…. One of the things I heard….
I want to absolutely thank the College of New Caledonia Students Union, which I had the opportunity to meet with last week. They brought forward some very important ideas that they’ve asked me to bring forward here to this House.
I also had the ability to tour the Aboriginal resource centre at the College of New Caledonia. Here are some of the things that I learned and some of the barriers that our local Indigenous students are facing.
One of the challenges is the number of credits that’s required to be full-time under INAC. That creates a barrier for our Indigenous students to pursue…. Whether it’s a technical agrologist or a registered professional forester, there are barriers that are included today in British Columbia and that we should be looking at.
That was something that our students say: “You know what? When you’re looking at bringing forward legislation and when you’re looking at these bills, don’t forget about us. Bring our examples to the floor.” I committed to do that, and will commit to work towards helping them find a reasonable way to reduce barriers for Indigenous youth on pursuing education. The other thing is about language proficiency. I think that’s a very important piece. I certainly appreciate the fact that it’s in this legislation.
Here’s something I heard as well at the College of New Caledonia and through the Indigenous resource centre. They mentioned the fact that one of the challenges for upskilling in British Columbia is that it’s not modular. If you fail one part of the upskilling or the training piece of that, you have to start from scratch. That was a really good idea that was brought forward. Again, I committed to bring that forward.
We look at the importance of financial support. One of the things that the students also raised, across all the student unions, as we look at providing financial incentives for these types of programs — we talked about the nursing before, but now we’ve got this new list — is to make sure that we’re also including those supports for the graduates in British Columbia. That’s a reasonable ask that has been brought forward.
I go through this list of what I’ve heard because, again, the member from Langford–Juan de Fuca came and talked about what he’d heard on the doorstep. Well, this is what I’m hearing on the doorstep. I think it’s always wise for us to listen to what people are saying. If there’s a way that we can improve things, that’s always a benefit for all of us. I appreciate the opportunity to say that.
One of the things that that comes down to is that I heard we do need to look at the funding review. If we’re looking at making sure we’re maximizing the workforce and making sure everyone has the opportunity for hope in this province, then I think…. Again, I’m going to continue to pressure the government on the long-awaited funding review that was due…. Well, it’s well overdue. Please make sure you move forward on that, because that’s critically important for British Columbia, and it’s critically important for students.
The other piece of that is the international education strategy. I heard from international students across this province, and I want to spend a moment on this. A lot of international students right now are really struggling. The first thing I want to recognize is that our international students from South Asia have a lot of concerns around what is happening geopolitically. There is a concern about what impact that will have on their education.
The reality is…. It is our hope that the international students that come from across the globe to get access to our education system decide to make British Columbia their home. That’s what we want. We want to be a welcoming society where international students can come and know that there is a pathway to citizenship, that there’s a pathway to good-paying, family-supporting jobs here in British Columbia.
That’s why the message, too, from the students is: please, to the government, come forward with the international education strategy, because that’s critically important.
Going back to this piece of legislation, one of the things I think I heard the members…. I do think it’s very important that we look at ways, across government, to streamline, use simple language and reduce red tape, because it’s critically important.
I would like to offer a suggestion to the government. You have, in your public service, a remarkable team that I had the privilege of working with when I was the Minister of Red Tape Reduction. They are an exceptional group of public servants that had a strong lens of how you use commonsense language, how you reduce red tape, with that whole idea that redundancies and silos amongst ministries can really add costs to every level of government and ultimately impact our workforce development.
My question, as the government continues to grow bureaucratic systems: have you looked internally, have you looked to the skill set that we may already have within government and that could do the same work that is being identified in this legislation, without creating additional layers of costs? Every time you stand up a superintendent’s office — and we will have the opportunity to explore this, of course, when we go through the bill debate — is a significant cost. It’s a significant cost to taxpayers, and often the challenge becomes: is it going to create more bureaucratic red tape, as opposed to streamline and reduce that?
We’ll have the opportunity to discuss that when we go through sections of the bill. I think that’s critically important. We want to make sure that the steps that are being taken will, from a workforce development piece, create results and provide some support to those gaps that we currently have in the workforce.
I also want to talk to the people who have made British Columbia your destination of choice and the place to raise your families, raise your children, your grandchildren. We want everyone to have the ability to fully utilize their skills. I think this is an important piece to recognize that. We’ll go through, and where there are opportunities to improve upon that, I hope the members opposite will be open, the government will be open to ideas that we may present that may help improve upon this piece of legislation. Ultimately, we want to make sure it suits the needs of British Columbians.
The expanded new definitions — I think it’s important to look at what that is. Again, we’ll have the opportunity to go through that. We do have to look at accountability measures with the superintendent. I think that’s critically important. I know that there are things that have been outlined in the legislation, but how does the accountability work?
I know that there has been another superintendent office that has been stood up. We haven’t really seen the results of that yet. From an accountability perspective, I think it’s going to be an important piece for us to explore. Going back to those benchmarks, I think it’s critically important that results happen when things get measured. I think that’s an important piece: understanding where we’re coming from, what that benchmark is and how we can move that benchmark.
Of course, at all times, safety, health and welfare are critical. We want to make sure that those standards are definitely put in place and that nobody is taken advantage of. We want to make sure that that isn’t lost in this new piece of legislation.
We want to make sure, when we’re looking at exemptions: well, how does that exemption process work? What are the decisions respecting those exemptions? What does that look like? Does that help with transparency? Does that create challenges with transparency? Those are all pieces that we will be reviewing in the sections.
Of course, enforcement. Well, with this legislation that has been put forward, what happens if it’s not achieving the results that we’re hoping for? What does that look like from an enforcement perspective? Depending on the regulations that are put in place, what powers will the government actually have around the enforcement or the direction for the superintendent’s office? What reprisals are allowed by the regulatory authorities?
It’s a little bit challenging when we don’t know what regulation has been put forward. So that always has become an issue. We’ve seen a lot of legislation being brought forward by the NDP, where you get the legislation, but all the regulations will come after, and we don’t really know what those regulations are till after. So it’s a little bit challenging for us to debate on that. That will be an important piece that we will be reviewing when we go through the legislation on this. I think that’s important.
In closing, I do look forward to the opportunity to go through this piece of legislation. I think having what we heard as an initial document and having gone out and talked to people across British Columbia is important.
I will put in another…. I will ask kindly that…. There is an important group, a secretariat, out there that sometimes is forgotten about. That’s the small business secretariat. The reason I mentioned this is because they’ve done incredible work over a number of different governments. They cross a large segment of society. It has the opportunity to have that small business lens on legislation and things that are being brought forward to provide….
It’s one thing for us as legislators to say: “This looks like a good idea, but how does it actually work on the ground?” That common sense. When you roll things out, what are the repercussions? What are the unintended consequences? So having another organization, such as the Small Business Roundtable, have a review of some of this type of legislation, anything around workforce development, is important.
That comes back to the commitment that we had made, B.C. United, when we were in government about the small business accord. Every piece of legislation that is being brought forward has that small business lens on it, because we understand that if you are increasing red tape, and if you are increasing the challenges with regulations, it can drive up costs to everyday British Columbians and have unintended consequences.
What we don’t want in this piece of legislation being brought forward is to have the real impact on what I talked about around the workforce and the students today who are studying and want to pursue their dreams of the list that has been identified here. We don’t want those types of unintended consequences.
Finally, it is always very important to have that strong lens of red tape and what it means to the average British Columbian, having simple language, having transparency, making sure that the redundancies are removed from all pieces of legislation. Just because one ministry says X, and then you have that duplication, it has real consequences. We’re seeing that across the board in government, everything from health care to housing.
This piece of legislation…. Because it talked about red tape reduction and streamlining, I thought it warranted me to talk about our perspectives as B.C. United around reducing red tape and the impacts it can have on British Columbians.
In closing, I look forward to having the opportunity to review this legislation. I appreciate the member’s comments that have arisen. At the end of the day, getting an education here in British Columbia and following your dreams in British Columbia and having hope for a future in British Columbia is what we want.
We want, internationally, our reputation to be that British Columbia is that wonderful, affordable place where you can follow your dreams, and you can pursue your education, and at all times, the services, whether it’s health care or education or housing, will be provided to you.
J. Sims: It is a pleasure today to rise and speak in support of Bill 38, International Credentials Recognition Act.
I want to thank our minister for the amazing job he did leading up to this piece of legislation. I wanted this legislation in place, let me tell you, quite a few years ago when we formed government.
But it takes time. It takes time to consult not only with the different professional groups and British Columbians, but it also takes time to work with the regulatory bodies so that we can bring forward legislation that will serve British Columbians and will serve British Columbians who live here now and those who will become British Columbians when they move here in the future.
There is no dichotomy in my mind about international recognition of credentials. In 1975, I chose to make Canada my destination home. In 1977, I arrived in B.C. — a teacher. But because I arrived from England via Quebec, I got my credentials almost straight away. Unheard of nowadays, but in those days, it was super fast.
But I can tell you. It’s not like that with everyone, and that’s what I want to focus on: the human side of this legislation.
I heard my colleague, who I have a lot of respect for, talk about red tape. If anybody dislikes the word “red tape,” it’s me, because it was in the name of reducing red tape that a certain government, the party that sits on that side, when they sat on this side, gutted support for special needs kids when they took away all the criteria for designations and then just made it a pooled amount of money, because those designations used to drive funding.
As a classroom teacher and then as the BCTF president, I fought on that issue tirelessly. So for me, red tape is synonymous with that.
I’m so pleased to see that this piece of legislation is about streamlining. It’s about making it easier. It’s about providing support to people who want to get their credentials recognized both financially and through process as well.
I’m not telling any tales when I tell you that our immigration system is disjointed. When people apply to come, it used to be the points system. Then it became the skilled workers class.
Here you are sitting in, let me choose, New Delhi — surprise, surprise. Or you’re sitting in London or sitting in Dublin, and you fill out an application to emigrate because, for whatever reason, you want to go to beautiful, beautiful Canada and head to British Columbia. When they fill out those forms, based on their education and their work experience…. You get points that then help to qualify you — that’s how I got here — to come to this country.
But the vast majority who have come over the last number of decades, currently as well…. They come here based on their credentials, and you should see the shock on their faces when they get here and find out those credentials cannot be used to get a job.
If ever there was a Monty Python sketch in the making, this one is it. It’s a huge disservice. People feel duped. People feel misled. When they get here, they think they’re going to be a practising doctor. They think they’re going to be a teacher. They think they’re going to be an engineer. After all, the Canadian government selected them based on that criteria.
When they get here, taxi driver. It’s not bad being a taxi driver, not bad working at different jobs. But when you spent your lifetime and lots of resources to train in a certain field and that’s your passion, imagine how it feels. Very human cases.
I started to hear about this long before I became a Member of Parliament or a member of the Legislature. I first started to hear about this when I was a teacher from other teachers who couldn’t get their credentials, or it would take so long and be so expensive.
Later on, when I moved to Vancouver and I would be sitting in a certain Yellow Cab — I’ll say it — when I was sitting in a cab, I would be listening to the drivers telling me: “I’m a doctor. I’m an engineer. I am a lawyer. I am this. I am a nurse.” “You’re driving a taxi,” and they said: “Because I could not get anything else.”
The road to getting your credentials recognized is long and arduous and very, very expensive. No new immigrant that arrives in a new country ready to settle has the wherewithal — or a very rare one does — to have the financial resources. After all, they’ve got families to support too. They’re coming to a new country, and there are all the challenges that come with it. I’ve experienced those. I spoke the language, and I had a job in my field. But many do not.
I will always remember this particular, I will say, young man — at my age, everybody is young now — telling me how he used to be a doctor in Morocco. He was a heart specialist there. He was driving a cab here in B.C. because he, one, could not work out the process, and two, when he got helped with the process, could not afford it.
He would basically have to spend three to four to five years, he told me, in order to be practising something he used to practise in a nationally recognized, internationally renowned hospital back in his homeland. Yet he could not get a job in the health sector.
Let me tell you a story about a constituent of mine who came to see me when I was a Member of Parliament. She qualified, and so did her husband, to come to this country mainly based on their credentials. She was a doctor in Islamabad at a teaching hospital. She was head of the surgical ward. She was teaching other doctors.
After years and years of butting her head trying to get in the system, she gave up. She gave up, because she could see no way that she could practise her profession. She felt betrayed, and that’s the word she used. “I came here. I got accepted to come to Canada, to B.C., because I had the right kind of education. I had the credentials for a job area that they needed. But once I get here, I can’t work in my specialty area.”
She is not unique. If I had 12 hours, I would not run out of specific stories I have heard over the last 20, 30 years.
I think, because of that alone, I really want to do a shout-out to our Premier, who directed the minister, who did his work and has brought this legislation forward. It’s long overdue, because it’s the right thing to do. We made promises when people applied to come here, and then we broke them once they got here. We undervalued them. Many of them went into depression.
Now when they see this…. I’ve had at least three, once we announced this, come into my office and say: “I’m so happy for the new ones. It’s been 30 years for me, 20 years for me, 15 years for me. I’m not sure how this will work for me, but I’m so happy that others who come here as professionals with skill sets will not have to have the fight with regulatory bodies or with getting their credentials recognized.”
When I think of the progress we’ve made there, it’s huge.
I absolutely agree that our students in British Columbia need to have spaces in our post-secondary institutions, but it was a bit rich coming from the other side when I remember what they did to the post-secondary institutions in the way of funding and the number of seats that disappeared.
Also, let me tell you about something as simple as gutting the apprenticeship program. For three decades…. Sorry, 2½ decades. My math wasn’t my strong point, but I lost it there for a second. For about 2½ decades, we had our skilled trades gutted. The apprenticeship programs were renowned across Canada and North America.
I was a high school teacher and a counselor, and I worked with students who started their drafting, did auto mechanics, did woodworking, made beautiful cabinets, and a student who designed my house using the CAD program, which he learned at school. All wonderful things we used to have, and we watched all of those disappear.
Once again, I am so happy with the work that’s been done in growing our trades and growing for the future, but also, the trades that are recognized here in foreign credentials will also go a long way to growing a productive and much-needed workforce. I absolutely agree.
I heard just yesterday about a young woman who wants to go into nursing, and I encourage her. I told her how our government has created 600 new seats since we’ve been in government. More to come. We’ve grown the number of seats at UBC in the medical school, both in residency and the undergrad, but here is the clincher. We also have a new medical school that will be opening in Surrey, and they’ve already started to work with internationally trained medical doctors to get their credentials on the go.
Lots needs to be done, but I would say that we have done a lot already. I always agree that international students who come here — they put a lot of trust in us. But they also bring a lot of credentials with them that go unrecognized right now. Sometimes, their undergraduate credentials go unrecognized. Sometimes, if they’ve been teaching overseas, it goes unrecognized, and this will open up some of those doors for them as well.
As my colleague from Cariboo North said, British Columbia is one of the fastest-growing provinces. I come from the city of Surrey, and I disagree with my colleague from Langford–Juan de Fuca. I believe Surrey is the most vibrant, the most diverse and an absolutely amazing city to raise your kids, to live, work and play — all of those things. Absolutely. The city of Surrey is where it’s at.
By the way, every one of us who sits in here wants and knows that the riding we come from is the best there is, and so it should be. It doesn’t matter where you sit, because we are representing those constituents, but because my riding is so diverse, it also has so many people — a large percentage who have experienced the very issue we’re trying to address here, which is recognition of international credentials.
By the way, I want to say I know my colleague across the way talked about funding for post-secondary and the international students getting a fair playing field here. I agree with that. I think that they should get their classes if they’ve been promised classes. That they shouldn’t come here and then have to wait six months to a year to get into a physical class while they’re paying what I would say is very hefty student fees.
I will also say this. For all who come here from another country, if we are saying, when we assess whether we’re going to admit you into this country or not, if we’re using those credentials at that stage, then we should also have a pathway for recognition of those credentials when they get here that are not an unbearable burden.
I’m going to tell you about a dentist who moved here from Mexico — 15 years of practice in Mexico, four years of practice in the U.S. Yet when he comes to B.C., what he was told was that it would probably cost him, in total, just over $200,000 to get his credentials with the courses he had to take — and giving up an income.
Mr. Speaker, I don’t know about you, but when I arrived in this country…. Both my husband and I are teachers, and we both came to teaching jobs. But what we came with was less than $1,000 in our bank account, and we were the lucky ones.
There are those who arrive here with maybe $20, $25, and there are those who, when they arrive here, don’t have a job. So they’re landing here thinking: “I’m a doctor. I’m a dentist. I’m a teacher. I’m a nurse. There’s a huge shortage in Canada. They’re going to hire me straight away. I don’t have to worry, because I’ll be earning.” Then we throw curveball after curveball at people so they can’t practise their profession.
I don’t have to tell anybody in this room, because you have business people in your community as well…. Whether it’s health care, whether it’s teachers, whether it’s the trades — all levels of employment — I have employers coming to tell me: “We’re finding it hard to recruit. We’ve got empty places.”
I am so proud of the work that the Health Minister has done on recruitment of international nurses but also on recognizing and giving a pathway to those who are here so that they can get their credentials in nursing. In the same way, with the doctors, now with the assistant doctor model, people will be in an earning mode much earlier than they would have been otherwise.
What this particular piece of legislation does…. I have to take on one thing. A person said to me: “I see you’ve got real estate agents on this list.” This legislation isn’t about one thing. It is about looking at all the regulated professions and making sure that we are removing the barriers.
That doesn’t mean Canada is now going to go start recruiting real estate agents or any of the other lists that are on there. What that list shows, and it’s a very comprehensive list, is that those are the regulating bodies we have right here, outside of the health sector right here in B.C., and those will be streamlined for credential recognition. That is a good thing. In case anybody ever comes in the future who’s got credentials, because we’ve allowed them into this country, then they have a right to work here. Then they can use the credentials they have.
Let me say that there was a time we would have been saying: “What about the standards?” And I still say that. This is not about lowering the standards. This is not about reducing the level of care. The qualifications still have to be there.
What this is about is how we recognize those credentials, creating pathways, removing barriers — I like that word better than red tape — and then making sure that people know how to go about it. When I say “removing barriers” — both reducing them in the financial area as well as in the process.
If I was a young nurse arriving from the Philippines right now…. And I actually have a daughter-in-law arriving from the Philippines any day. If a nurse arrives, unless they know someone here, it would be very, very difficult for them to navigate the system to get their credentials recognized. I’m so happy that British Columbia — our Health Minister — has put a process in place that helps to guide people and navigate them through the process. That is an example of how we not only reduce barriers but how we move forward in recognizing these talents.
B.C. is a wonderful place to live, but we know that our strength comes from our diversity, and our diversity comes from every corner of this planet, from many parts. They come here for many reasons. Some came as refugees. Some come as students and then get work permits and then get permanent residency. Some come directly because they have the skill set, and they get the required number of points to come here.
Whichever path they come in, I believe it behooves any government to make sure that once these people are here, that we are there to assist them so they can be their best, so they can contribute to a vibrant British Columbia in the fields of their choice, in the areas of their profession.
We are, as a province, dependent upon people coming here from other countries. As a country, we are dependent on bringing people here from other countries. Because of that, we have to make sure that we don’t promise them one thing when they are sitting way over there in their homeland, practising their profession and having a fairly good lifestyle, and then once they come here, they find out that that lifestyle cannot be maintained because they can’t practise their profession.
I have been urging the federal government that there needs to be a look at the point system, at the skilled worker section, to make sure the promises and commitments we make to people over there, once they arrive here, are kept.
One of our commitments nationally is to our international students — that once they have finished, they do have a pathway to permanent residency. We have to make sure that that pathway to residency is supported and we are opening doors and not siloing.
One thing I’ve always loved about Canada: once you are here, you are a Canadian. Once you get your citizenship, a Canadian is a Canadian is a Canadian. We have Canadians right now who are qualified doctors, qualified nurses, qualified teachers, qualified engineers — I could go on — who are not being treated equally. This piece of legislation will go a long way to international credential recognition, and we’ll live up to the commitment we make to people when we try to entice them to come to Canada.
As I said earlier, I have lots more to say, but I am going to stop with this. I can tell you that people in my riding and people in every riding, I would say, in the Lower Mainland, and I can speak especially for every riding in Surrey, will be looking at this piece of legislation and saying “about time.” We need this.
I can tell you something else. There are those who are not immigrants, either now or over the last ten years, and they will be saying: “This is common sense. We have all these doctors sitting here not being able to practise. We have all these nurses. We have all these teachers. We have all these other health care workers. We have engineers. We need them.” We need them, and this legislation will go a long way.
Once again, thank you to the minister for the stellar job he did in consultation. I also want to do a huge shout-out to every regulatory body that has cooperated with us. It would not have happened without their support and cooperation. This is a collaborative effort, and because it is collaborative, we have to do a huge shout-out to everyone who has played a role in this.
I want to thank my colleagues across the way, as well, who also…. At least one I heard has spoken in favour of this legislation, and I am very happy to see that. I know that a colleague sitting right across the way from me has had many of his constituents talk to him about foreign credential recognition, a colleague from Abbotsford.
I’m sure that he will also agree that this piece of legislation is just what we need, and I’m sure he is wishing they had done it earlier.
Deputy Speaker: Thank you, Member. Let’s be clear. The best riding in the province is Kelowna–Lake Country, while you’re keeping a list.
Abbotsford West.
M. de Jong: The Chair has grossly violated the principle of impartiality from the chair.
I was not intending, actually, to inject myself into the discussion today. I’ve listened carefully to the remarks. I am inclined — very, very briefly, though — to accept the invitation that was just delivered by my colleague from Surrey and to acknowledge that I have brought to this House, as have many other members, the challenges that many are experiencing, particularly in the health sector. The member, the previous speaker from Surrey, cited many, many examples.
I think the next speaker will be the minister in closing the debate. I know we will have an opportunity to canvass this in committee, but I heard the repeated references to health care workers, nurses, doctors. I’m looking at the schedule in the bill, and it doesn’t include those. It is pointedly silent on the very kinds of workers that the previous speaker just spent a great deal of time….
Now, I may be misreading the bill. I’m not trying to be clever here. If I’m wrong and the previous speaker is right, I’m happy to hear that from the minister.
But this is a fundamental part of the bill. To stand in the House and proclaim to the world…. First of all, we all agree that the challenge facing health care workers — we’ve heard it; we’ve struggled with it. The minister would say he’s trying to deal with it. I don’t think very successfully yet.
To suggest that this bill is intended to address that, when schedules 1, 2 and 3 list the very professions that it is intended to address…. It excludes those. It excludes those health care workers.
I think it’s important for the minister to clear that up now. If I’m wrong, I apologize, and I apologize to the previous speaker. But it seems to me that there is, by design, nothing in this legislation that will address the issue in the health care professions.
If I’m wrong, I’m glad I’m wrong. But if I’m right, I hope the minister will confirm that.
Deputy Speaker: Seeing no further speakers, the minister closes debate, please.
Hon. A. Mercier: It seems, in the last little bit there, it got kind of heated. I’d like to suggest, although there is a lot of disagreement, that we could all agree that Langley is the best constituency or riding in the province. I’d offer that as a reasonable compromise to the members, if the Chair will indulge me.
I want to thank everyone for sharing the stories of their constituents, the internationally credentialed professionals that they know and the trouble that they’ve gone through on what is a long and arduous journey — and which shouldn’t be — to get their credentials recognized.
In particular, I’d like to thank the member for Surrey-Panorama and the member for Langford–Juan de Fuca on speaking to the folks that they’ve talked to about this. I’d also like to thank the member for Shuswap and the member for Cariboo North for laying out, as well, the questions they have going into the committee process, which will be helpful in ensuring that we have a measured and, I think, fairly interesting debate.
I’ll go through, and I’ll answer some of the questions and assertions that have been made throughout this process, which is that the health professions are incredibly important. The member for Abbotsford West is right. I do think that we’ve done a considerable amount of work there, and we are seeing considerable success in terms of the health professions. We started with them first.
The member will recall the introduction of the Health Professions and Occupations Act, which the opposition voted for before they voted against. The HPOA — I’ll just call it the HPOA, the health professions act — sets up a superintendent of health professions with specific authority over extra-jurisdictional credentials and a whole range of powers. That superintendent will work hand in hand with the superintendent here as we go to set guidelines.
This is a system or approach that is very similar to Ontario, which has a very successful model dealing with it differently because, of course, with the health professions, there is a whole range of different complexities, with the harmonization and the labour mobility agreements and whatnot and everything else, that require, in some degrees, a deeper approach. I think that this overall approach does this.
Let’s be clear. We’ve shaved 18 to 24 months off the time it takes for an internationally educated nurse to go through the process by removing unfair barriers in that. What we need to do now is replicate that work across the board with the rest of the professions, which is what we want to do.
I agree with the member for Cariboo North when she said: “Results happen when things get measured.” And I heard some comments from the member for Shuswap about baselining data.
This has been one of the fundamental issues with the complexity of the regulatory landscape, which is that you have so many different regulators that have, in some instances, no real obligation to collect data or to report out on data in terms of licensure. Who’s applying? How often? Who walks away? When do they walk away? What parts of the process are a problem? That’s information we need, which is why this bill sets that out and gives the enforcement and compliance mechanisms to do that. I look forward to having that conversation in committee.
I’ll note, as well, that I look forward to speaking about the recommendations from the what-we-heard report. Of course, not all of those recommendations will be actioned in legislation. Some of them are actioned in non-legislative means. The Credential Assessment Improvement Fund, which is an incentive for regulators to then go and meet those data requirements, etc., is a good example of that.
I’ll close by saying that I disagree with the member for Cariboo North when she says there’s a diminishing sense of hope for British Columbians getting into the workforce and getting into the professions. When I talk to young British Columbians, I see so much hope about the opportunity in front of them. I don’t think that sets up any kind of dichotomy where we’re choosing between treating international professionals fairly and creating opportunities for folks here in British Columbia. I think we can do both. We are doing both, and this act is an important part of that.
With that, I’ll take my place, and I’ll just say I look forward to the committee stage of the debate.
The Chair: The question is second reading of Bill 38.
Motion approved.
Hon. A. Mercier: I move that the bill be committed to Committee of the Whole House to be considered at the next sitting of the House after today.
Bill 38, International Credentials Recognition Act, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.
Hon. B. Ralston: I call second reading debate of Bill 39, the Zero-Emission Vehicles Act.
BILL 39 — ZERO-EMISSION VEHICLES
AMENDMENT ACT,
2023
Hon. J. Osborne: I move that Bill 39 be read a second time now.
I’m pleased to present and speak to Bill 39, the Zero-Emission Vehicles Amendment Act. Bill 39 will amend the existing Zero-Emission Vehicles Act. The Zero-Emission Vehicles Act, or ZEV Act, was originally passed on May 30, 2019 and the ZEV regulation on May 30, 2020. The passing of the act and regulation made British Columbia the first jurisdiction in the world to require that all new vehicles sold be zero-emission by 2040.
Since then, B.C. has seen incredible growth in the use of zero-emission vehicles. In fact, the number of ZEVs on our roads has increased by 2,500 percent in the past six years.
Additionally, other jurisdictions have followed B.C.’s leadership and announced or implemented similar zero-emission requirements. B.C. has consistently exceeded its annual ZEV sales targets since the ZEV Act was first passed in 2019.
As a result of the current ZEV mandate and government’s investments, to date in 2023, ZEV sales make up over 20 percent of all new light-duty vehicle sales, which is the highest percentage for any province or territory in Canada. British Columbians are adopting ZEVs at record setting rates.
A recent study by B.C. Hydro shows that about 40 percent of British Columbians are looking at purchasing a new vehicle in the next three years, and at least three quarters of them are interested in electric.
In response to the changing market, the province’s CleanBC Roadmap to 2030 committed to accelerated light-duty ZEV sales targets as a key measure to reduce pollution and contribute to cleaner air. Our suite of go electric programs is making ZEVs more affordable; building out infrastructure in homes, workplaces and public places across B.C.; and ensuring that there is a trained workforce to support the transition.
We have committed to completing the electric highway in 2024, enabling British Columbians to drive every highway and major road in their EV. Just last week we announced additional funding for our home and workplace charger rebates. It is clear that the market is now ready for increased ZEV targets and that British Columbians are ready for increased supply and consumer choice.
This is what the ZEV Act amendments will do. These amendments will increase the supply of zero-emission cars and light trucks to British Columbia, reducing waiting times for British Columbians to get into ZEVs and encouraging automakers to make ZEVs more affordable and accessible for all British Columbians.
These amendments will benefit all British Columbians by creating more ZEV options to choose from at various price ranges to help them make the switch to a vehicle that’s powered by clean energy, ensuring cleaner air in our communities.
These amendments will allow the province to continue to build on the success of our current ZEV Act and go electric programs, help us meet our CleanBC Roadmap greenhouse gas emission reductions targets and remain a world leader in ZEV adoption.
The ZEV Act establishes the overarching framework and authorities for the legislated ZEV requirements here in British Columbia. The proposed amendments will bring accelerated targets, and that includes moving the year that 100 percent of vehicles must be zero-emission from 2040 to 2035.
The amendments also address lessons learned under the first two compliance periods under the ZEV Act. They align, where possible, with other jurisdictions, including Quebec and California. This helps us ensure that British Columbians have access to the same ZEV supply as Quebec and California.
The amendments will also require ZEVs to be registered in B.C. for the first time to earn credits and require vehicle suppliers to report on vehicles supplied into the province instead of consumer sales.
They’ll ensure that any false or misleading information provided under an initiative agreement is subject to the same compliance and enforcement options as currently exist for model year reports, supplementary reports and information requests. They’ll require vehicle suppliers to provide the ministry with ZEV sales forecast data.
They’ll require the Insurance Corp. of B.C., ICBC, to disclose vehicle-related information and records collected and kept by ICBC to the director for the purposes of the enforcement of this act.
They’ll create new regulation-making authorities to allow for future regulations to place new quality assurance and labeling requirements on vehicles to earn credits under the act.
They’ll enable the province to derate supplier credit balances to reflect the change to one credit per vehicle at the end of the model year 2025 compliance period, and they changed the publication date of the provincial targets report to April 30, requiring suppliers to report their total light-duty vehicle sales in their model year report.
The original ZEV Act and regulation and these amendments were informed by extensive consultation. This included engagement with First Nations on the proposed amendments through the CleanBC Roadmap to 2030 Indigenous engagement process, and a ZEV Act and regulation formal review intentions paper to start targeting stakeholders for comment in 2022 alongside numerous webinars and meetings.
The ZEV Act and regulation are designed to be flexible. The regulatory regime and penalty structure have flexibility built in via the credit system that offers multiple compliance pathways and a grace year for penalties.
The proposed amendments take into consideration rural and northern needs by enabling plug-in hybrid electric vehicles to count towards the EV targets.
The province committed to conducting regular formal reviews of the ZEV Act and regulation, to review market trends, receive input from stakeholders and allow for any necessary adjustments to the ZEV Act and regulation.
Here in B.C., while we are leaders in the ZEV space, we are by no means alone in moving towards these accelerated targets. The proposed amendments will ensure that British Columbians have access to the same ZEV supply that California and Quebec have access to.
There are so many different models of ZEVs available today, not just full electric but also plug-in hybrid electric vehicles, and this gives a little more flexibility and reassurance for some people.
We’re also making it easier for people to adopt ZEVs with rebates for new car purchases by eliminating the PST on used zero-emission vehicles and with rebates for chargers at home, workplaces and in public places.
These amendments are needed now to help ensure automakers are supplying affordable ZEVs to B.C. in a variety of models to suit any British Columbians’ driving needs.
T. Shypitka: I’m happy to rise and speak to Bill 39, Zero-Emission Vehicles Amendment Act, 2023. Just as a little disclaimer, we’ll probably be throwing a lot of initialism and acronyms out there like ZEV and Z-E-V and ICE and I-C-E and all these things.
For people at home, ZEV or Z-EV will be zero-emission vehicles and ICE will be internal combustion engines just so that we don’t lose all those millions and millions that are watching this intriguing debate right now.
I do thank the minister for bringing this bill forward. You look at the bill. It’s not a very big bill. It’s quite short. It identifies, as the minister said, primarily to increase targets that are already in place right now.
I guess with Bill 39, the first question I have is: what is the intended purpose other than what the minister just stated? Because it seems simple enough on the outside, but the devil is always in the details of that and regulation as we know. I’ll get into that a little bit more in detail as I go through my debate speech here.
The second one: is it good for British Columbians in the short term? We all understand that we want to do the aspirational thing and reduce greenhouse gas emissions and make a cleaner and greener future for not only us but our kids and our grandkids. But will this accomplish that goal, or will it have unintended consequences?
I think that’s kind of a theme that we’ve seen a few times before with this NDP government. They put in motion these bills without really thinking about what the unintended consequences will be. I’ve got several examples of that as I go through the speech today.
We saw the release that came out, and I’ll read from that release. I’ll take a quote from it. “The amendments to the Zero-Emission Vehicles Act will help increase access and choice for ZEV car buyers, while new provincial funding will help expand B.C.’s charging network.”
I’ll talk about that funding a little bit later on. But, as I said before, this sounds harmless enough. Who wouldn’t want to help with access and provide choice for ZEV car buyers? Once again, I’ll be going into a little bit of detail as well later on.
But as everyone knows, there’s a cost to everything, and the devil is always in the details. Those details will be revealed in the regulations when they come out after this legislation is passed.
The minister also stated in the news release: “With the Zero-Emission Vehicles Act, our government was the first in the world to put an EV sales target into law. British Columbia is the leader in Canada on the switch to electric vehicles, and thanks to the success we’ve seen, we’re accelerating our work so we can hit our 100 percent EV sales target five years earlier.”
Once again, it sounds ambitious. I guess what the minister is saying here is that more is better. So what could possibly go wrong with this? Well, as we’ve seen from this NDP government…. Unintended consequences, as I’ve said. We saw it with the speculation tax, hitting innocent British Columbians with family cabins; a decriminalization policy that has now spun completely out of control; and a recent bill on short-term home rentals that will put in jeopardy those British Columbians for financial relief in their greatest time of need. This Bill 39 reflects eerily some of that legislation we’ve seen already.
Like the short-term-rental bill, this bill is designed to cover up this government’s own shortcomings on failing to meet their targets and getting results that they promised British Columbians. As the minister pointed out, British Columbia was the first in the world to put an EV sales target into law, as the rest of the world now puts into play their own strategies. Unfortunately, B.C. does not live alone on a self-sufficient island. It depends on resources outside of its jurisdiction in order to make whole its promises and obligations.
Before we make arbitrary decisions on provisional targets — which is, I believe, what this is — we need to be reasonable and responsible with our approaches so we can deliver the results we desire. That is what this side of the House represents: reasonable, responsible and result-driven.
The new targets have been drastically increased to something that was already, by the minister’s own acknowledgment, the first of its kind anywhere. What we’re seeing with this legislation is a 26 percent target by 2026. Currently we’re at 10 percent by 2025. So that’s a 2½-fold increase in just relatively the same time frame.
But it jumps dramatically after that. Currently we have 30 percent targeted sales for ZEVs by 2030. That will now go to 90 percent — so a 300 percent increase there. Then, of course, we are moving to 100 percent by 2035. Currently, we have the 100 percent by 2040. So we’ve ramped it up by five years, moving that target from 2040 to 2035.
The question that comes from this aggressive increase is: why are we putting this upon ourselves at this time, and who are we trying to catch with these targets? Now, the minister did acknowledge a couple of jurisdictions, Quebec and California, that have similar-type targets. Those are two jurisdictions worldwide.
Unfortunately, the resources that we get to strengthen our infrastructure and the manufacturing of ZEVs and lithium batteries come from, not those jurisdictions…. They come globally. So to answer the first question, why this aggressive increase, is only to look at the NDP’s own climate change accountability report. This is a report the NDP put out to get a fix on how they’re doing, accountability, with their climate change goals. That indicates there is a gap in meeting their 2030 target.
Admittedly, they have failed to meet those targets. There are some gaps there. So now government is in panic mode, just like we saw with short-term rentals. They had promises for affordable housing in this province. They couldn’t make them. So now they’re going to put them on the backs of other folks, such as those short-term rental owners. That’s no different than this bill. They’re going to put it on the backs of those car dealers in British Columbia to make sure they up the ante and get 100 percent of their ZEVs online by 2035.
This is not putting the cart in front of the horse as much as it’s putting the ZEV in front of the ICE, as I’ve put it. The first internal combustion engine…. Well, I know that’s kind of a…. I’m getting groans from the Speaker here. Wow. Tough crowd. Tough crowd.
Just for historical facts — sorry, hon. Speaker — the first internal combustion engine was delivered by Carl Benz back in 1886. A three-wheeler, to be precise. It was referred to in the patent as a Motorwagen. It’s one word, for Hansard up there. Motorwagen is one word.
Carl Benz was referred to as the father of the car, father of the automobile industry, although that would be challenged by Henry Ford with the introduction of the assembly line. We all know the success and the revolution that came from that. But Carl Benz, back in 1886, introduced the car, the Motorwagen.
It’s been 140 years, and this legislation needs to eliminate new sales in the next ten, when nobody in the world really is doing this other than a couple of jurisdictions that were highlighted by the minister. So you’ve got to wonder what kind of unintended consequences there will be.
The puritans of this bill will say that it is to reduce carbon emissions, with more electric vehicles, in order to have a greener planet, which I can understand. However, many reports, including one from Volvo, indicate that manufacturing an EV generates 70 percent more emissions than that of an ICE-powered counterpart. I will concede that by the end of the life of both types of vehicles, the EV will surpass the ICE vehicle — somewhere around the halfway mark, around 100,000 kilometres in. The point is that we really need to examine the complete supply chain, not only in production but as sales as well.
Lithium, the main component for EV batteries, is mined by a process that brings brine from the underground aquifers, and it is pumped to the surface and into evaporating ponds. I’m just going to go into a little bit of a process here on how we get lithium in the first place. Keep in the mindset that we’re trying to reduce greenhouse gases.
First of all, lithium is pumped from aquifers underground, which contain high salt content, and it’s brought into evaporating ponds. The brine then moves from pond to pond. That’s from about 18 months to about two years. The pools turn a brighter blue as brine evaporates and changes composition. Lime and sodium carbonate are added to remove impurities and by-products. The shallow depths and refraction of light also change the colour of the pools.
Once the concentration of lithium ion in the brine is high enough, the slurry is pumped to a processing plant to be filtered and dried. This takes a couple of years to get it to this point.
An Hon. Member: There’s not a test later on this, is there?
T. Shypitka: Well, there is a bit of a test. It’s a test for British Columbians, whether we should be doing, you know, all this amping up.
This leaves behind a white powder, which needs to be further purified. Then it is poured into one-tonne bags and ready to ship. Once lithium is mined and processed, the powder concentrate undergoes a complicated chemical transformation to become a solid metal. Now that could be used for batteries.
Right now in many plants…. There are some processing plants in the States. There are actually several. I think there’s one in North Carolina. One of these plants can produce about 5,000 metric tonnes a year of lithium through this slurry process, this evaporation process. That 5,000 metric tonnes are good enough for about 80,000 vehicles.
Global sales in ’22 of EVs was almost eight million, so if you can imagine…. If we’re going to amp up and triple down and double down and eliminate and have every jurisdiction follow, we’re going to need some consistency across all industries and all jurisdictions to bring the supply chain to facilitate these goals. If everyone was to follow suit with these ambitious goals, I would dare say that eight million EVs would…. It’s probably going to amp up to about 30 million or 40 million by 2035. That is a lot of mining. That is a lot of lithium.
Then it calls into play the global supply of lithium. Right now…. There were about 634,000 metric tonnes produced in 2022, and in 2030, it’s estimated that about 2.14 million metric tonnes of lithium will be needed. Once again, I think that’s on the conservative side of thinking things, especially if we continue with putting the cart in front of the horse. I’ll say that so that I don’t get more groans.
There is actually a call-out right now, and there are lots of folks that can bring analysis to this, that says there is a lithium shortage in the world right now.
Lithium could see a disaster in not being available for projects like this by as early as 2025. That’s only a year and a half away.
[S. Chandra Herbert in the chair.]
We will need to do a lot more money to meet the targets we are setting for B.C., as well as in coordination with other jurisdictions to ensure that mine materials are there for us, especially if we aggressively are putting ourselves too far ahead of the curve. I guess the answer to the question is still unknown, on why we are trying to get so far in front of this. Perhaps the minister will answer this question in committee stage.
In a time when other jurisdictions here at home and around the world are dialling back their commitments, in some ways, to climate targets, here in B.C. we’re ramping it up at unreasonable levels. Just recently the Prime Minister of Britain — last month, I believe, on September 21 — said that he will push back a ban on selling new petrol and diesel cars, dramatically slow down plans to phase out gas boilers, and reject calls to regulate efficiency for homeowners.
It’s not because he doesn’t want to move forward with addressing climate change, but the rationale for this shift was to find a more pragmatic, proportionate and realistic way of reaching net zero. It has to be realistic; just because you say it, it doesn’t mean it’s going to happen. There have to be some markers that are put down to make those things achievable.
Here in Canada, just here at home, three days ago, our Prime Minister announced a three-year pause on the carbon tax on home heating oil, a move aimed at people in Atlantic Canada. Here’s another move that was just made by our own government here in Canada to dial back some of these targets that we have, because it needs to be practical. That’s all I’m saying to this bill right now. We need to take a step back: “Is this practical? What are the unintended consequences?”
One has to wonder if this bill was introduced to have achievable results, or if the bill was developed to fill the gaps in the NDP’s own Climate Change Accountability Report. As I said, there were gaps in that report, and putting this legislation through would certainly close that gap. You have to wonder, once this bill is passed, if all of a sudden, that gap can be presented as closer to being filled, with the unrealistic and incredible piece of legislation that this is.
In this legislation, we also question whether or not light-duty vehicles would include motorbikes. I haven’t had an answer on that. We’ll ask that one in committee stage. I also wonder if it would include electric bikes. I know that it would have to be a registered vehicle, which an electric bike isn’t.
Just as a sidebar, some of these electric bikes are getting pretty fast. The motors are getting pretty big. And they are motors, so they are motorbikes.
Interjection.
T. Shypitka: Well, people could argue that, but I mean, it’s a bike that has a motor. I mean, literally….
Interjection.
T. Shypitka: Yeah, but these are…. Well, they’re pretty fast. I’ll just put it that way. I almost got hit by one the other day, actually. They’re very stealthy as well. It was at nighttime, there was no light on the bike, and it came whizzing by. You know, they’re speeding.
In this Legislature….
Interjection.
T. Shypitka: Okay, I’m going to get relevance called on me here.
Deputy Speaker: When your own member does it, then it’s bad, yeah.
T. Shypitka: I’m calling myself out here. That’s pretty sad.
We will also question the paltry $7 million announced to subsidize home and business charging stations. This is quite a joke when you think about the millions, if not billions, that will be needed to carry out our charging infrastructure.
This infrastructure would be for things like taxis, transport and delivery-style trucks, and it’d be critical. If we are going to change legislation to increase sales on zero-emission vehicles, we have to consider all parts of the supply chain, all parts of transportation, not just ma and pa running to the grocery store on Sundays. There’s a lot more to it than that.
When the average rural traveller, such as in the places where I live, suffers range anxiety, especially going up mountain passes on a cold winter’s night, we need the infrastructure to support these aggressive targets. I live in the Kootenays. We have wide fluctuations in temperature. It’s not uncommon to see plus 40 in the summertime, but then it’s also not super uncommon to see minus 40 in the wintertime.
We also live in a really high elevation. Cranbrook is at about 3,000 feet, and quite often when we travel to our neighbouring jurisdictions, we go over mountain passes. The Kootenay Pass is right near my riding, and quite often, in the wintertime, on cold winter nights — a very steep grade — people suffer that range anxiety that comes from a zero-emission vehicle, or an electric vehicle, I should say.
Quite often, and it’s happened to me numerous times, you’ll be riding up a pass, and all of a sudden you’ll get a road closure. A roadblock is put up because they are conducting avalanche control. Sometimes you can sit in those avalanche control…. You know, in the roadblock, you can sit there for hours. If you’ve got an electric vehicle, and it’s minus 30, minus 35, you might start to panic a bit.
So we need to ensure that those charging stations are around and that there are enough of them. Kootenay Pass is a transport corridor for a lot of supply trucks, small ones as well. So we need to make sure that the infrastructure is there. It’s going to take a lot more than $7 million, I would say, to make sure that that buildout is happening.
This bill will also penalize those car dealers that don’t adhere to B.C.’s stand-alone ZEV targets. These fines for jumping the gun on this will indirectly impede car manufacturers’ ability to develop more EVs as well as drive up the cost on EVs for consumers.
I’ve got a letter here from Honda Canada, and this was delivered to the Premier and to the minister. I’ll just read a little excerpt from the letter here from Honda Canada.
“In 2022, Honda and Acura sales in British Columbia represented 6.55 percent of total light-duty vehicle sales and 13.4 percent for passenger cars alone.” So that’s a fairly substantial amount. “Honda Canada has one of the lowest GHG-emitting in Canada, and over the next few years, they plan on bringing more products aimed at reducing GHG emissions, including hybrids, the Honda Prologue and Acura ZDX electric SUVs, which will be available in 2024, as well as affordable EVs that will be available starting in 2027.”
Before I go into this a little deeper, we have to consider that manufacturers right now are already coming out with the 2024s. We’ve got targets here for 2026. This could upend all that manufacturing, the quantity of the manufacturing to be in line with these types of targets.
If not, what happens to those car sales dealerships in B.C. that now may be left out of even getting supplies from places like Honda because they just don’t have it in their own mandate to match what B.C. has, which we’ve already established as aggressive? It’s the highest in Canada and one of the highest, if not the highest in the world.
Going back to the letter:
“Honda Canada’s goal is to have EVs make up 40 percent of its fleet in 2030 and 80 percent by 2035. However, to date, EV consumer uptake still faces numerous challenges, and the province has limited eligibility for incentives for consumers by introducing an income test requirement.”
Quite honestly, EVs are more expensive than the average ICE vehicle.
“In addition to British Columbia’s and the federal government’s luxury tax” — which I can go into a little bit later as well — “these measures will act as a disincentive for the adoption of EVs compared to an equivalent gasoline-powered vehicle.
“Moreover, the increase in penalties for non-compliance to $20,000 per vehicle will unfairly target a company that has shown leadership in decarbonizing its fleet and will drastically affect the resources and the funds Honda Canada needs to transition to the electrification of our products to meet the mobility, lifestyle and budget needs of British Columbia’s residents.”
I spoke earlier to the minister’s quote — “helping, access and choice.” This does nothing to do that.
Going back to the letter:
“Given the unreasonable targets of British Columbia’s mandate, Honda Canada has paid close to $60 million to comply until 2025 and could pay up to $550 million between 2026 and 2030 if the province proceeds, as intended, with a 90 percent target in 2030. Those funds could be more beneficially used to support dealership sales, as well as invest in R and D and manufacturing, to bring ZEVs to market in a timely and feasible way.”
When we get too ahead of ourselves, the unintended consequences could actually hurt the goals that we’re aspiring to see. By putting these unrealistic targets in place without the thought of what manufacturers can actually produce, I would argue that these aggressive targets will hamper the exact solutions we all want to see in the long run. That’s why I said at the onset: is this good for British Columbians in the short term? I think, from letters such as this from Honda Canada, the answer is obviously no.
I’ll go on to the letter. It says: “Regrettably, the government has not released any analysis or evidence to justify the significant increases.” I’m going back and forth here, but this is what I said earlier. Is this new piece of legislation…? Why now? Why are we ramping this up? We’re already ahead of the game. We’ve already got very aggressive targets in place. We’re the first in the world, as the minister said, to bring this type of targeting system for ZEVs. We’re the first in the world to do it. But here we’re double-downing on our own legislation, and for what?
The folks on the other side say: “Well, because we’ve got to get greener. We’ve got to electrify the economy that much faster. We have to look out for the betterment of our future as far as carbon emissions go.” I agree that’s the long-term goal, but we’re going to shoot ourselves in the foot if we don’t have a reasonable and responsible pathway to see those long-term aspirations.
There’s no evidence that suggests — and that will be something in committee stage, I’m sure — why we have to have these significant increases.
“Government has also not provided a cost-benefit analysis supporting its assumptions and possible impact on manufacturers and dealers. We’re greatly concerned that the proposed changes fail to account adequately for the costs to OEMs and dealers of complying with the ZEV mandate.
“It should also be kept in mind that the province only represents 10 percent of Canadian sales. This added cost could result in higher prices for vehicles for consumers, reduce dealer profitability and have a spillover effect on their employees and other local businesses that rely on dealer operations.
“Other consequences of implementing these changes may include a reduction in vehicle offerings and/or availability to our consumers, leakage of sales to neighbouring jurisdictions and an overall decrease in Honda Canada’s ability to supply British Columbia’s market due to the high cost of compliance. The proposed changes would make the compliance burden disproportionate to the province’s market size.”
We’re talking about proportionality to the targets we’re putting in place here in Canada as compared to the rest of Canada. Ten percent of the sales only come from B.C., yet we’re going to put targets in place that could force the hand of manufacturers to upend their strategies to be responsible. I think, as Honda Canada points out, they have some of the most stringent greenhouse gas emission practices anywhere, so you’re harming those people that are doing the right thing in the first place.
What they also said in here was the leakage to other jurisdictions of sales. Now, I know myself, being from the Kootenays…. We border Alberta. I’ve got a couple of colleagues that are sitting here — they may be talking to this as well — that are from the Peace region, and they also border Alberta.
When those choices, for the reasons I identified as far as range anxiety, cost…. The cost of EVs is higher than it is for electric vehicles. Those sales will then leak to Alberta, and that’s not good for dealers. That’s also part of what they talked about in this letter — that profitability for dealers could come crashing down. Then, all of a sudden, the choice that the minister wants for all British Columbians doesn’t exist, because we don’t have dealers anymore. They’re super concerned about this.
With the couple of minutes I’ve got left, I’ll just finish off….
Well, I’m the designated speaker.
Deputy Speaker: Okay. Members, the designated speaker….
Of course, just for everyone’s knowledge, the House appreciates it when you identify as this at the beginning, so folks can schedule. But please proceed.
T. Shypitka: Oh, sorry. I didn’t…. Apologies, Mr. Speaker.
I’ll go into the letter a little bit longer here. “In light of the significant impacts that the proposed changes will have on our business and the hard-working residents of British Columbia we employ, we urge you to ask the Premier and the Minister of Energy, Mines and Low Carbon Innovation to align the ZEV targets with those proposed by the federal government.”
Now, that would be reasonable. The federal government is 60 percent by 2030 and 100 percent by 2035. So it’s still the same 100 percent by 2035, but they’ve reduced it now to 60 percent by 2030. Given what this letter said earlier and what Honda Canada’s targets are now, it seems like they’re prepared to meet in the middle somewhere and offer up 60 percent by 2030 and 100 percent by 2035.
To me, that’s extending the olive branch on an industry, on a company that’s doing everything right as far as addressing greenhouse gas emissions. They’re offering this suggestion up, and I would concur that government needs to go back and talk to industry to see exactly what’s going to work for everybody. We are a small piece in Canada’s big picture here, and if we’re not in synergy with Canadian regulations, at the very least, we are in jeopardy of unintended consequences, which is what this debate is all about.
I’ll go on to the letter.
“We also need the ministry to undertake a more rigorous and transparent cost-benefit analysis that shows the true impact and reflects the real cost of the ZEV mandate on consumers and dealers in the province, as well as a more robust plan for increasing infrastructure.”
That is something I think some other members will be talking about, increasing the infrastructure. What’s the cost in that?
“Based on discussions to date, we are of the firm view that the proposed changes are unworkable and unrealistic and both understate the cost of compliance and minimize the impact on retail automobile dealers. Our hope is that by undertaking this analysis, we can work to ensure that the policies that are pursued are focused on driving demand for EVs and support the continued viability of our dealers in British Columbia.
“Since both jurisdictions are aiming for the same goal in 2035, we hope that your government will seriously consider our request to align with the federal targets to ensure that British Columbians continue to have access to a variety of products offered at prices they can afford, without overburdening our industry.”
To me, that is what reasonable collaboration looks like, and I don’t see it with this bill.
We talk about the luxury tax. Right now the luxury tax in B.C. is $58,000 for a new vehicle. The average used vehicle in B.C. right now is $55,000. The average new vehicle in B.C. is $66,000, yet our luxury tax is $58,000.
Now, when you put that into the context of ZEVs, as this bill talks about, that average cost is going to go up, especially with the non-compliance that will be impacted on car dealers for not performing the way that they’re being told to do. It’s not that they don’t want to do it. It’s whether it’s realistic or not. That’s a hard tightrope to walk when you’re a dealer, knowing what you should be doing and what you can do.
I know a lot of car dealers, and I think we all do, that are just honest, hard-working people that want to fill a demand. If we don’t have honest and realistic legislation, it puts them in a pretty tough spot. Like I said before, the unintended consequences could actually hurt the same goals we all aspire to in the long run. It’s the short-term, unintended consequences that I am very concerned about.
This government had chances and had choices, independent power producers being one of them. We put a halt on those IPPs, on those clean energy projects that were not only private sector–driven, but they were also Indigenous-owned clean energy projects in the province. They could have provided that infrastructure that this bill would adapt to.
I’ve got a First Nation in my riding. They wanted to put a huge solar project in place, but the standing offer program was discontinued, and they were out of luck. That infrastructure that they would have put in would have assisted in implementing legislation such as this. We stalled them out, and now the province has a call for power all of a sudden.
As of about four or five months ago, government said we didn’t need any more power. The Integrated Resource Plan at B.C. Hydro said: “We’re flush with power. We got a surplus of power. We don’t need any partners. We don’t need IPPs.” Well, four months ago, they changed their tune, after a couple of years of going through it in estimates with the minister, saying: “I don’t understand this.”
We’ve got such a demand. We’re in an unprecedented time. We’re trying to electrify the economy. We’re trying to reduce our greenhouse gas emissions. We’re trying to electrify industry, whether it’s LNG…. We’re trying to put a heat pump in every home. We’re trying to put an EV-charging station in every home. We’ve got a housing crisis. We’re going to have to bring in another 500,000 to 700,000 units here in the next ten years.
That is all a direct draw off the grid. Not to mention new industries such as crypto mining, data storage — huge energy draws. But we missed the opportunity there. Now we’re scrambling. That’s what I’m saying.
When I look at Bill 39, it looks a lot like a lot of other bills where this is desperation legislation. We can’t meet our targets. We’ve got gaps in our own accountability reports. We’ve got to do something. “Oh, I know — we’re just going to crank up the sales from 30 percent to 90 percent. That’ll fix it.”
This is desperation legislation. I’m sure there are going to be a few others that will be talking to this.
With that, I’m not supportive of the bill, but I do look forward to committee stage so that we can address some of those issues. Maybe there can be some clarity on this, but right now I’m pessimistic.
R. Merrifield: I think it’s incredibly arrogant to think that B.C., with this bill and this acceleration, could somehow result and move Toyota, Honda, Ford, GM, etc.
This bill will not result in better access or more zero-emission vehicles being available. I will go on record today by saying that this bill will result in higher costs for British Columbians.
It is arrogant to compare ourselves to California — if taken as an independent economy, the seventh-largest economy in the world. It is arrogant to think that we in B.C. could somehow move manufacturers to the same extent that California can.
Having grown up in California, I can tell you that right now, if you ride your beach cruiser bicycle from Newport Beach to Huntington Pier, you know what you will see? Gorgeous white-sand beaches, amazing ocean views, and, dotted all along in the sea, offshore rigs. That beautiful, blue-facaded building, as you near Huntington Pier, that kind of looks like a water park is a refinery.
California has the privilege of accelerating their environmental agenda on the backbone of an incredibly vibrant oil and gas industry. They have the luxury of propelling forward their green economy because manufacturing, aerospace and technology industries thrive in California. Meanwhile, we in B.C. have economists from Bank of Montreal, TD, BCBC telling us that we are about to suck $28 billion, based on the NDP’s numbers — not anyone’s manufactured numbers, the NDP’s own numbers — year after year after year out of our economy. And this bill wants us to go faster?
I have serious reservations about Bill 39. On the surface, sure. It makes a pretty press conference verbiage launch — 26 percent by 2026, 90 percent by 2030, 100 percent by 2035. But if we peel back the layers, we can see that this roadmap of CleanBC is leading us to a cliff.
The acceleration of going faster towards that cliff is one that British Columbians simply cannot afford right now. I had the honour and privilege this morning of delivering questions to this government from desperate citizens, desperate constituents who can no longer make ends meet. This bill is accelerating our unaffordability.
Let’s start by just looking at the government’s own documents. The NDP government’s climate change accountability report already raises the eyebrow. It suggests that there’s a gap in meeting the 2030 target. Ladies and gentlemen, this isn’t just a simple gap. It is a glaring issue that tells us that even the government recognizes its own inability to fulfil these promises.
As someone who has studied the emissions of every single industry within B.C., I can tell you that light-duty transportation is not our biggest issue. It is not where you want to start. Heavy-duty transportation, possibly. Light-duty? No. Non-essential travel is not British Columbia’s biggest emitter. So why would we penalize British Columbians, try to squeeze out any amount that we can from them?
Let’s just expand on the issue of that 2030 target gap. While the government’s climate change accountability report may seem benign to the untrained eye, those of us that have been following climate policy for years know that small gaps can quickly turn into yawning chasms. These are not just numbers on a page. They translate into real-world impact. Missing these targets has implications, not just for our generation, but for our children and grandchildren. Every year we delay compounds the challenges.
If we do not have economic prosperity in our province, we will not meet our targets. The green economy does not pay for itself. The budget doesn’t balance itself.
We have right now less than a zero percent growth in private sector jobs over the last five years. News flash: government jobs don’t create GDP. The government cannot keep taxing individuals, trying desperately to fund CleanBC. We have to have a thriving economy.
If we look at what this is actually costing us…. Let’s talk just about budgeting. The go electric EV charger rebate program, well, we got another $7 million rolled out into it as of October 31. But we need to remember that the initial program ran out of funds in June. Why? Because nobody can afford to pay for these. We’re going to tax individuals and tax everyone that we possibly can, and then we’re going to bleed out these small amounts that aren’t really enough to get us to where we need.
This new budget figure isn’t a treat for the people of B.C. It’s more like a trick. Where is the long-term planning?
This reminds me of the rebate program for electric bikes that ended up having the same issue. Eight hours after it was launched, it was drained. Why? Because who in British Columbia right now can afford a $2,000 bike? I have people who can’t afford bread. Cheese has become a luxury item. Wait. Wait. Wait. I hesitate to say that just in case the NDP decide to put a luxury tax on cheese.
When we take a closer look at go electric EV charger rebate programs, a $7 million allocation is not just insufficient. It’s borderline irresponsible. This is not merely criticism. This is actually a call for accountability. In any planning endeavour, particularly in public policy, particularly with something as grandiose and big and needed as CleanBC, foresight and risk management are essential. You cannot have an environmental policy in a vacuum without having strong, solid economic prosperity and planning.
Rebate programs are going to continue to be a mouse wheel where demand will outstrip supply, because people can’t afford it anymore. Ignoring this can only be interpreted as an absolute failure to take this issue seriously. This is not the time for token gestures. We need substantive, well-funded initiatives based on economic prosperity.
If you think that we in opposition are the only ones sounding the alarm bells…. You’ve heard from my colleague from Kootenay East just about what industry stakeholders believe. Dealers across this province have expressed grave concerns about this legislation. Correspondences have flooded the inboxes, I’m sure, of the ministers as well as us, decrying how these regulations will impose severe burdens on original equipment manufacturers and dealers.
So what does this mean? Well, simply put, this is not going to give better access. This is not going to lower costs of ZEVs. Simply put, the increased costs are going to be shifted to consumers. News flash: consumers can’t afford it. Cars will become more expensive, making electric vehicles — I don’t know — an option only for the well-off. Well, so much for accessibility and inclusivity.
The New Car Dealers Association of B.C. supports the view that I’ve just expressed, advocating for a more flexible approach to EV targets. They rightly contend that the current rules may produce unintended consequences, including inflation of prices of new and used vehicles, which will in turn slow down the adoption of zero-emission vehicles. The concerns from dealers and manufacturers are not just the typical resistance to new regulations that one might expect.
These are credible worries. They are not in control of their entire supply chain. These decisions are being made way outside of B.C. And B.C. is a flea in these manufacturers’ worlds.
Will these new rules simply create a market for luxury electric vehicles that only the well-off can afford, thereby widening the inequality gap? If that happens, the entire purpose of a green transition will be undermined, turning it into a transition that caters only to the privileged few.
Let’s not forget the consumers. Range anxiety that was mentioned by my colleague is a substantial issue for the people of British Columbia. We live in a province with challenging terrains, with communities separated by mountainous regions and extensive roads. In the winter, these conditions are exacerbated, making range anxiety not just a buzzword but a very real concern.
This isn’t just a concern for those in rural and remote areas. These are concerns for those that live in the Lower Mainland. I have had people coming from the Lower Mainland to visit me in the Okanagan who have declined, saying they have an electric vehicle and they aren’t sure it will make it.
I don’t think I need to underscore, though, the dangers of being stranded on a mountain road in freezing temperatures because your electric vehicle ran out of juice or your battery isn’t going to work at minus 35.
Range anxiety is a term that gets thrown around a lot, but let’s unpack what it, actually, means for an average British Columbian family. Imagine you’re a working parent in one of our smaller, more isolated communities. You have a tight budget, and you are concerned about your environment. You hear about the government incentives for electric vehicles, but when you look into it you realize your nearest charging station is an hour away. That’s not convenient. That’s a major logistical challenge that will deter many potential electric vehicle users and that’s if it’s an hour away.
Even if we were to put aside range anxiety, one of the questions…. There’s a question of infrastructure especially in the Interior and the North, but really infrastructure all around. Our province should be leading the development of electric charging stations, yet what we’ve seen is a patchwork approach with significant gaps in charging infrastructure.
Regarding this infrastructure, let’s talk about numbers. According to various industry reports, we need not hundreds but thousands more charging stations to make electric vehicle use practical and appealing. The current piecemeal approach is far from what is required.
But that’s if we could, actually, have the charging stations. Let’s assume that we have all the charging stations that we need. We don’t have the electricity that we need. My colleague for Kootenay East and I have been sounding the alarm bell over and over again that we don’t have enough electricity.
And who guessed it? Wow. “We don’t have enough electricity” was announced by B.C. Hydro just four months ago. I don’t know. I guess we considered ourselves smarter than researchers from SFU and from UBC and whistleblowers from inside of B.C. Hydro itself.
The B.C. Utilities Commission….Well, they’re asking the question, and they asked the question of Fortis B.C. as to whether or not Fortis B.C., had enough electricity — not for the Okanagan, not for the whole of the Interior — just for Kelowna’s electrification needs? Their conclusion was that it will take $3.4 billion to supply enough electricity to meet the goals inside of CleanBC.
News flash: $3.4 billion is $28,333 per resident of B.C. — man, woman and child. That means a family of four is going to be at about $114,000. I’m sorry, but right now, if you told every family in Kelowna that they were going to be responsible for $114,000, they can’t do it.
Moreover, for a province that is promoting the adoption of electric vehicles, this government has been very, very sloppy about looking at the issue of generating the electricity needed. The NDP has repeatedly blocked private sector and Indigenous-owned clean energy projects and, for the last seven years that they’ve been in power, has rejected almost all of them.
Will this have an effect? Absolutely. And yes, it has a tragic effect on economic reconciliation for our Indigenous neighbours. But it also has a glaring effect and reflects a lack of support of community-driven sustainability initiatives.
The delay on Site C is a glaring example. Instead of harnessing our own resources for clean energy, we were forced, and we are forced right now, to purchase coal- and gas-generated electricity from the United States. We are exporting our environmental responsibilities and importing pollution, defeating the very essence of the clean energy goals we’ve set for ourselves.
Clean Energy B.C. has provided jaw-dropping statistics. To fully electrify the LNG sector, they estimate we need to increase our electricity production by over 70 percent. A recent Pembina report is even less encouraging, stating that achieving our LNG ambitions will require the equivalent of 8.4 Site C dams.
Regarding electricity supply, the stance against private sector involvement is not just counterproductive. It’s nonsensical. We need all hands on deck to meet our energy requirements for the future, especially if we are encouraging a shift to electric vehicles.
By standing in the way of Indigenous-owned and private sector clean energy projects, we’re not just limiting our energy options. We’re also hampering economic development and job creation in those sectors.
The Clean Energy B.C. and the Pembina report should serve as a wake-up call. If our grand plans for LNG materialize, our already struggling electric infrastructure will be woefully insufficient. And we can’t have CleanBC without an economy and prosperity. So how are we planning to achieve this massive ramp-up in electricity production? Well, it’s a question that remains unanswered.
We are also sticking all of our eggs in one electric basket. To go first in this particular area, when we are a teetering economy, is simply too risky. We need other innovation and technology. We need to massively increase battery storage and to understand how we can best facilitate all renewables, not just electricity. Escalating our time frames is not going to allow that innovation and technology to take place. Absolutely opposite that — it’s going to be some of the most expensive choices we could ever make, all on the backs of the taxpayer in B.C.
Under our previous B.C. United government, British Columbia was recognized as a leader in the fight against climate change. We were admired around the world for our balanced approach to economic development held in tension with environmental sustainability. When the B.C. United were in power, our province was at the forefront of climate change action. We knew that environmental protection and economic prosperity could go hand in hand. That’s what good governance is all about: finding the balanced path that serves the present without mortgaging the future.
What we’re seeing right now under this NDP government is a step back not just in action but also in thought leadership. In contrast, what we see now is a government that has been paying lip service to climate change action. Billions of taxpayer dollars have gone into this government’s plan, yet our progress has stalled.
We are behind on our targets and lagging in electrification.
In closing, we have serious reservations about Bill 39. We look forward to a rigorous examination of this legislation in the committee stage. We have a responsibility to protect our environment for future generations, yes, but not to the absolute detriment of British Columbians’ prosperity and ability to make a living. It should be done judiciously and not through hastily implemented, rushed, inadequately funded and ill-conceived policies.
As we move forward to committee stage, let’s not just go through the motions. Let’s ask the tough questions. Let’s demand real answers, not just platitudes. Hopefully, we can get them. Above all, let’s remember why we’re here. I’m not here for anything other than to serve and advocate for my constituents, for all British Columbians, for my kids’ kids and, indeed, all future generations, because they’re all relying on us getting this right.
This isn’t just a bill. It’s a litmus test of our seriousness in facing one of the greatest challenges of our time: climate change. We can only do it through economic prosperity. As we dissect and debate Bill 39 in the coming days, I’m going to do so trying to understand its far-reaching implications and trying to hold in tension both our economy and our environment.
E. Ross: I’ll try, but I can’t match the passion from the member for Kelowna-Mission. It was interesting listening to her dissect all the different issues related to Bill 39, the Zero-Emission Vehicles Amendment Act, 2023. Really, what we’re talking about is speeding up the idea of British Columbians purchasing more electric vehicles.
There’s a lot to this, and I think the goal is a noble goal. I mean, everybody really wants to reduce emissions, not just here in B.C. but in Canada and worldwide, especially in First World countries.
There are a lot of questions about the electric car industry that kind of relate to what happened to B.C. in the natural gas industry. Looking back at the natural gas industry, the export of natural gas to Asia, we pretty much missed the boat. We were too late. Everybody else got to the markets before us, even though B.C. was the first one to consider exporting LNG to Asia back in 2004.
Today we’re talking about one major project, LNG Canada, at 14 million tonnes for phase 1. That’s been approved, but the 14 million tonnes for phase 2 has not been approved. That was accomplished by this NDP government in getting it over the finish line, even though they didn’t do the heavy lifting of consulting First Nations and in fact opposed LNG exports up until 2017.
I have acknowledged before in this House that it was under the previous Premier that LNG got over the finish line but with a massive tax break in the provincial sales tax. We gave them a huge tax break, the biggest in B.C. history, and then followed it up with a massive carbon tax break, at 30 bucks a tonne. That really amounts to billions of dollars that will not make it into the coffers of the B.C. government.
It’s quite interesting now that we’re talking about tax breaks being given by the federal government to Atlantic Canada but not to B.C. Well, we’ve got the same situation here where the government gave a huge tax break, two of them, to LNG Canada but will not consider giving tax breaks to the citizens.
In looking at the electric car issue coming up in B.C.…. I got here in 2017, and it wasn’t really a big issue where I came from. I was chief councillor for Haisla Nation council for six years before I got here. We didn’t really know that the electric car issue was an issue in B.C. We were actually so focused on engaging with forestry and mining and LNG.
This was the first time I saw in detail how much work had gone into not only just electric cars in terms of emissions but overall for the last 30, 40 years, in terms of environmental management, in terms of reducing not only our impact on air but also reducing our impact on land and water.
I was quite, actually, thrilled at the idea that we were actually looking at all these different impacts, because that’s what my band had been doing 50 years ago — looking at environmental impacts on land, water and air. When it became fashionable, that’s when First Nations started to really come to the forefront in terms of trying to reduce our impact on the environment as well as mitigate past impacts.
Up in Skeena where I represent — Kitimat, Terrace, Nisg̱a’a, Kitsumkalum, Kitselas, Kitamaat Village — I’ve asked all around my riding about what the interest is in electric cars. There’s very few, to be honest. But the ones I have talked to have not talked about their ideal vision about reducing emissions. It’s all about the novelty of owning an electric car and how much speed it gets from zero to 60 as opposed to a gas-powered engine and all the electricity that goes into it.
Of course, everybody knows the downside of owning an electric vehicle when you’re talking about batteries in cold weather or even some of the other issues that are affecting electric cars.
But it hasn’t really affected us. We’ve got two new electric charging stations in Kitimat that nobody uses. They just sit there. I’m not quite sure about Terrace, but nobody has come to me saying: “We have to accelerate the targets of electric cars being utilized in B.C. by 2030 or 2035.”
Really, when we’re talking about this, we’re talking about a previous act that was brought into B.C. by the B.C. NDP government. Now we’re talking about an amended act to speed up the amount of vehicles on our highways that are powered by lithium batteries.
The previous target under the previous bill was that 26 percent of vehicles must be zero-emission by 2026. This amendment says instead of 20 percent by 2025…. Sorry. Reverse that. The previous target was 20 percent by 2025, and the new target is 26 percent by 2026. The previous target in the previous bill was 30 percent by 2030 and 90 percent by 2030. Instead of 100 percent by 2040, it is 100 percent by 2035 in this new bill.
Very ambitious. But really haven’t addressed a number of things, like affordability. A lot of the people that I represent cannot dream of owning an electric vehicle, let alone trying to think about how to charge it, how to pay for it.
There are so many questions that I get asked about electric vehicles that I can’t answer. Will it be charged in their garage at home? Will they be given free electricity? I think right now the B.C. government is realizing they just can’t give out free electricity anymore. It was good in the beginning to give it out as an incentive, give out free electricity, but you can’t sustain that, especially with the amount of deficit that this B.C. government has incurred, and the debt.
You just can’t keep giving out free electricity. You can’t keep building free electric car infrastructure and not get a return. At some point, we’re going to have to consider that — the affordability factor.
Over the years, I’ve tried to listen to everybody and tried to keep an open mind in terms of the emissions-free future, which is slightly different than saying that we’re going to go full bore on electric vehicles. There’s a difference.
Why I say I think we might be missing the boat is because the world has actually changed its priority. Initially, because of the Paris targets, everybody wanted to reduce their emissions drastically. They thought that going with electric vehicles was the way to go.
Now a lot of nations are starting to understand that they can’t just do it overnight. They can’t do it within five years or ten years or 15 years. Geopolitics has made the reality of energy even more serious today. Germany is no longer talking about clean energy. They’re talking about starting up coal plants again. They’re talking about getting away from dependence on Russian natural gas, but they can’t get away from it.
I was shocked to hear that Germany still relies on natural gas coming from Russia. I was quite surprised at that. I really thought they had built terminals to accept natural gas to fulfil their energy needs within two years, which is quite remarkable, to fully wean themselves off natural gas from Russia. Turns out that’s not the case, which gets back to what we’re talking about here.
Something I learned a long time ago is that especially for our first-world society, energy is the foundation of everything that we take for granted. It has given us a good quality of life in terms of affordability and conveniences. Now it seems, apart from the idea that we want to reduce emissions, that we want to make life harder for British Columbians in light of an affordability crisis.
I haven’t seen the government yet talk about who’s going to pay for all this. I understand that the consumer is going to pay for the vehicle, maybe through additional subsidies. But who’s going to pay for the infrastructure upgrades? I haven’t seen that yet. Maybe that comes out in regulation. Maybe that comes out with higher rates through B.C. Hydro. Maybe it gets passed on to the taxpayer through higher taxes or deficit financing. We haven’t really seen that just yet.
Why I ask that is because we’ve been talking a lot about B.C. Hydro upgrades from Prince George to Kitimat for the purpose of exporting LNG. We’ve been talking about that now for 15 years. I was part of two consultations in my community of Kitimat. We supported it because we wanted to see that LNG get to Asia with as little emissions as possible.
Unfortunately, it didn’t work out, and now LNG Canada will burn natural gas to operate its turbines for the first phase, which will be converting natural gas to liquid natural gas. We’re talking about 14 million tonnes annually. The emissions factor there…. We missed the boat on electrifying that industry for the purpose of reducing emissions.
A couple of years ago, I was in here, and part of the conversation was how we’re going to electrify our whole society and our whole economy. One of the conversations we had was that we were going to electrify the gas fields of B.C. It didn’t work out, only because of the vast distances of our gas fields. This goes back to the idea of electrifying our economy and our society by forcing everybody to buy electric cars.
We haven’t talked about the supply of gas. If we couldn’t come up with a supply of gas for LNG Canada, the largest private investment in Canadian history, $40 billion, shipping 14 million tonnes out of phase 1 alone, then how are we going to do this? We can’t even provide the infrastructure, from Prince George to Terrace, for the purpose of LNG. We couldn’t do it.
The latest round that B.C. Hydro has come up with, just for an upgrade…. It doesn’t have a customer, by the way. I did question the minister on this in estimates. The latest B.C. Hydro plan, under the Energy Minister, was to upgrade the B.C. Hydro infrastructure from Prince George to Terrace alone, and that cost was $3 billion, with no customer.
I assume that Cedar LNG, which was created by my band while I was chief councillor there, as well as Nisg̱a’a Lisims will be expected to utilize electricity, and they’ll have to pay the price for that. They’ll have to pay the bill. I’m also assuming that the infrastructure upgrade is already good enough, from Terrace to Kitimat, for those LNG projects, but I can guarantee you the infrastructure is not there from Terrace to Nisg̱a’a.
The $3 billion price tag…. Forget about building the infrastructure for electric cars. Forget about that for a second. We still haven’t come to terms with who’s going to pay the $3 billion price tag for the upgrade from Prince George to Terrace.
In terms of missing the boat…. Keep an eye on energy trends across the world. Yes, Asia wanted our natural gas badly. India wanted our natural gas badly. Europe could use it, but of course, there are shipping issues that will exclude that. We didn’t provide it. We didn’t do it.
In terms of Bill 39, when everybody else is moving away from electric vehicles…. Japan is moving towards ammonia. Did everybody know that ammonia is a fuel that could power up a country? I didn’t. I thought ammonia was something you found under your kitchen sink.
I see the members from the Peace agree with me.
It’s amazing to see….
Interjection.
Deputy Speaker: One member has the floor, Member. That member is the member for Skeena.
E. Ross: Thank you.
Japan is building the infrastructure to accept ammonia. They want a zero-emissions economy and society. Here we are in B.C. saying: “We’ll stick to powering up our economy and society using electric vehicles, even though we know that the lithium supply is going to get more expensive as more and more countries look to electric vehicles.”
There’s not a lot of supply of lithium in the world right now. Some of the biggest lithium mines in Canada are not even owned by Canada, not even operated by Canada. Really, those lithium batteries will not come from Canada per se, except for the east, but that was heavily subsidized by the government back there.
The point is…. The rest of the world is using different methods to achieve zero emissions. In looking through the bill, Bill 39, I didn’t see that flexibility to say: “Okay. This bill will include everything that promotes zero emissions.”
It seems we’re just focusing on electric cars, even though we don’t have the infrastructure. We don’t have an idea of the cost for infrastructure. We haven’t even considered some of the issues related to electric cars. We haven’t considered firefighting.
Now, all vehicles catch fire — all vehicles. It doesn’t matter if it’s electric or not. Lithium batteries provide a different firefighting technique that we haven’t fully equipped our firefighters with yet. An electric fire can burn for hours. They’re coming up with new methods to put these fires out.
Fire stations across B.C. are not equipped to fight lithium battery fires. You need blankets. They’re testing out blankets, I’m assuming, to deprive the fire of oxygen, even though this is a chemical reaction, a chemical fire. That’s what it is. They’re also saying that we should be supplying our fire stations with aerosols.
The other area that I think, later on, we could look at, if we are seriously considering this, is…. We could legislate that all manufacturers have to put in fail-safe measures, not only to prevent fires but also to put them out inside the vehicles. These fires are actually quite scary. It’s not to say that we don’t have fires with gas combustion engines as well, but those are a lot easier to put out than battery-powered vehicles.
In terms of our infrastructure and our grid…. We’re talking about increasing the amount of people that depend on our grid for electricity, yet our grid, so far, is so fragile. We’re slow to upgrade our grid. When we’re talking about Bill 39…. This bill will be enforceable on all people in British Columbia, but we haven’t really considered the grid itself and whether or not we can actually handle this kind of a load.
When Enbridge’s natural gas pipeline ruptured two years ago…. Was it two years ago? When was it — two or three years ago? I thought that was a simple matter of just shutting down the pipeline, fixing the rupture and then getting that gas flowing again from northeastern B.C. down to the Lower Mainland and to Vancouver residents who utilize natural gas for heating and cooking. It turns out there was a lot more to it than that.
The people who depended on natural gas, who didn’t have it anymore in the Lower Mainland, quickly switched to electricity. As I understand it, the grid was in danger of overload. There were too many people that were looking to cook, use their air conditioners, use their furnaces. You name it. We could have had a blackout across B.C., because we don’t have the infrastructure for increased loads.
When we’re talking about the supply, we’re talking about Site C, of course. If we don’t have enough supply for the LNG industry to be electrified…. Ultimately, we’re aiming for that, in terms of Nisg̱a’a LNG as well as Cedar LNG and, I’m assuming, wood fibre. Where does this electricity come from?
The standing offer program, which actually promoted clean energy from independent power producers and which was under the previous government, the B.C. Liberals — the B.C. United party now — was actually struck down by this NDP government. Then it was brought back in. I think the NDP realized we do have a supply issue.
I think it’s going to have to be all hands on deck. I don’t want to be in a position like Germany, where we say: “We’re at a crisis level in terms of electrical supply. So let’s look at coal, nuclear. Let’s look at all these different issues right away, quick, so we don’t have any blackouts.”
I don’t see…. Maybe it’s another piece of legislation that comes in to answer this, in terms of supply and infrastructure costs and timelines to achieve those goals, but in this bill here, it just says: “We’re going to ramp it up.” That’s all I see.
We’re talking about infrastructure costs. We’re just not talking about the grid itself. I understand the grid to be a network of power lines that spreads across Canada, across B.C. and across North America. That’s how I view it. For those millions at home that showed up to watch the member for Kootenay East, a lot of your electrical supply likely comes from the United States. Guess what. The United States still uses coal to produce electricity, so to say electricity is a green energy source in B.C. is not quite accurate.
It’s the same way with natural gas. It’s a network of lines that transport that energy to your house. In saying that, we haven’t even talked about how your neighbourhood infrastructure gets upgraded so that you can choose the electric vehicle of your choice. Not only are we talking about billions of dollars, if not trillions, to upgrade our entire electricity grid; we’re also talking about how we get your neighbourhood infrastructure upgraded, maybe even your home itself. We don’t know, because the technology is still changing.
Like I say, different parts of the world are moving to different energy sources. While we potentially put the residents of B.C. in a very tough spot in terms of affordability and being forced to buy an electric vehicle, the rest of the world will be switching to different energy sources to achieve the same goals, like purchasing ammonia from Alberta, which will get shipped through Prince Rupert. I think it’s a great idea — ammonia.
I would love it if the B.C. government could cooperate with the federal government to relieve the liability issues on CN Rail to make sure that the ammonia coming from Alberta…. McLeod Lake First Nation gets their ammonia shipped to Japan. It’s a great economic opportunity, and Japan will reduce its emissions without this Zero-Emission Vehicles Amendment Act, which basically forces residents of B.C. to buy an electric vehicle.
By the way, does anybody know this? I know we’re not in committee stage. For you at home, we’re not at committee stage; we’re at second reading right now. Committee stage is actually third reading. We’re not there, but I’ve got an open question.
Mr. Speaker, I’ll relay a question through you; there’s nobody to ask over there, right? It’s not committee stage. Does this relate to secondhand vehicles?
T. Shypitka: That’s what I was going to say.
E. Ross: Did I steal your question? Did I steal that?
T. Shypitka: In a roundabout way.
E. Ross: The Speaker is not going to answer.
There are a lot of different questions here. I just think we missed the boat on electric vehicles, and I think there are a lot of questions yet to be understood, but I will wait for a third reading, in committee stage, to see if we can flesh it out. Especially, I’ll be watching the member for Kootenay East.
M. Bernier: It’s always entertaining to go after my colleague from Skeena.
I never thought, when we’re discussing Bill 39, that he would be bringing up vehicle fires as part of the debate. I just want to flag in Hansard, on the record, that I still drive a 1985 Fiero — one of the few that didn’t catch fire, and one of the few that’s still on the road in mint condition. It didn’t catch fire, so I didn’t quite understand where the member for Skeena was going.
When I’m looking at Bill 39 here, I was just talking with my colleague from Peace River North. We were looking at this bill, and the first word that came to our minds was “dumb.” I’d like to say a few other words, but I’d probably end up on No Context BC, so I won’t go there.
Let me quantify this. We’re looking at accelerating and forcing people on how they’re going to make their consumer decisions. I understand the virtue-signalling that this government likes to do. I understand the photo ops that they like to partake in. I also, in fairness, understand the objective of trying to make sure we’re doing everything we can to lower our carbon emissions, not just in the province of British Columbia but nationally and globally.
I’ve got a news flash: if there’s anybody in the NDP that actually thinks that this is achievable, I’m waiting for them to stand up, say that and put it on the record. I can guarantee you right now, and I’m willing to put it on the record, that the NDP will not be able to achieve these targets.
It’s going to be like a lot of their other goals and plans that they do and that are aspirational. Fair enough — if they want to stand up and say this is aspirational, good on them. Unfortunately, they’re trying to put in legislation to tell people how to live their lives and what they’re going to do.
Here’s the challenge with that. Yes, technology has advanced. Yes, there are more options out there. Yes, we have an extremely high price for gasoline at the pumps right now. So what are people doing? They’re making consumer decisions on whether that’s the choice they want, to go on having an internal combustion engine — I’m not going to use ICE, an acronym — or whether they’re going to go to an EV, an electric vehicle.
As my colleague from Kelowna-Mission was saying, there’s arrogance of this government to actually tell people how they should live in this respect, how they should make their purchases — and, more importantly, expecting that the suppliers, the large companies, are going to follow suit. Everything is supply and demand–driven. It doesn’t matter what this government tells people to do. The companies are going to deal with what the supply and demand is.
A case in point: I drove around my riding and looked at the auto dealerships. I think, Mr. Speaker, that you would not be surprised, being from down in the Lower Mainland area and knowing what goes on in the Peace region, that almost all the vehicles you see on the lots are half-ton or larger pickup trucks, because that’s what’s needed. They’re, obviously, gas vehicles.
I talk about supply and demand. I looked around, and I was able to find — I’m sure any of my businesses up north will correct me if I’m wrong — one electric vehicle, up in the south Peace, on the lots. It wasn’t sold; it was on the lot. I know of two people in my entire riding that own electric vehicles.
I asked questions a couple of years ago of this government, when they had their original targets that they’d put forward. What’s going to happen if they put this into law? As this government will ram it through regardless of the reality and practicality of this decision, I’ll go back to my original comment of being dumb.
I’ve asked this question, and I’ve never got a clear answer. What’s stopping somebody — I live on the Alberta border — from now going right across the border, five minutes away, and buying an internal combustion engine? Alberta is going to be smart and look at other ways of trying to lower carbon emissions. They’re not going to do some crazy law like this. I’d be surprised if they do. Is everybody just going to go into Alberta, buy it, and then bring it into British Columbia? That’s what we’re going to see up in my region.
Is it going to change anything? No, other than inconvenience and added costs to people. The reason why they’ll do that…. I know my colleague from Peace River North will speak after me, probably in more detail, on this.
News flash: our rural communities are mostly industry-based. What do they need? Usually, it’s large vehicles that travel long distances.
I’m waiting for the NDP minister to speak up to explain to me if in Dease Lake, where one minister is from in the NDP, they have superb charging facilities up north. I know probably up in Liard, they don’t have them. Fort Nelson or even Tumbler Ridge and Chetwynd in my riding don’t have them. I flagged that because it’s back to virtue-signalling.
Again, I’d have no problem if the government wanted to put forward a bill that said: “We hope someday, as technology continues to advance and as people are going to continue to make consumer choices, that we’ll have more and more EVs happening.” We’re seeing it happen already. The government can tout that, even though it had really not much to do with them.
If we don’t have the charging infrastructure, there’s a reason why people in a lot of other rural or remote communities are not choosing EVs. There are a lot of reasons, but that’s just one.
Somebody thought it would be a smart idea between Dawson Creek and Prince George to put in a charging station, thinking it’s the right thing to do because we weren’t able to go from one community to the other without having to stop to charge.
Let’s put a charging station in the middle, in an area where there’s no cell service. It’s a slow trickle charge, and people are telling me it’s about six hours just to get enough charging capacity in their vehicle to make it to the next community because it’s not a fast-charge system. How many vehicles do you actually think I’ve ever seen stopped at that charging facility, and why aren’t they? Well, because it’s dumb.
It’s not that I’m against electric vehicles. In fact, one of my daughters owns two of them. My daughter and her husband each have a Tesla. They live down in the Lower Mainland. It’s practical for them. It makes sense for them. The unfortunate part of that, though, is they can never drive up to visit me anymore. They have to fly because there are not enough charging facilities to get from Abbotsford, where they live, up to Dawson Creek.
That kind of helps them in the Lower Mainland. Practicality makes sense. There might be a lot of people that just choose not to buy a vehicle and use transportation that’s offered to them, which, again, we don’t have in most of our rural and remote communities. By that, I mean public transportation.
I’ve also heard from numerous organizations, stratas, especially down in the Lower Mainland and here in Victoria too, that have said: “Who’s paying for this?” You put this in…. I looked at the one about two blocks away from here. There are 300 parking stalls in a large strata complex. I went and asked them. They said: “Obviously, when it was built ten years ago, this wasn’t taken into consideration. There’s no infrastructure within this complex to meet the demands of electrification.” That will go with, I would argue, almost every apartment or strata complex that’s built.
They told me — and of course, I come from an electrical background, so I know this a fair bit — tens and tens of thousands of dollars to upgrade the electrical infrastructure into a building. So to all of the people who have been complaining about strata fees going up, once this bill is passed, you better start planning. Your strata fees are going to skyrocket if you don’t have the means of electrification ten years from now or whatever it’s going to be.
I’m sure this government will realize, as they go forward, that this is an aspirational bill, that it will not have any force and effect in the sense of reality on the ground — as you’ve heard from lots of our colleagues on this side — for it to be actually realistically achievable, especially, with the arguments we’re trying to say, for all of British Columbia.
This is another perfect example of us in one corner of the province putting forward a piece of legislation that is not realistic for most people, most communities, most families for a lot of different reasons.
As my colleague, or a few colleagues, before me have even said, where is this power coming from? I haven’t seen any piece of legislation put forward by the NDP government prior to this to say, “Don’t worry. We’ve got a plan on how we’re going to electrify the province,” other than anything aspirational.
Almost every study that I’ve seen has said that if you are going to electrify all the vehicles in the province, like this government is proposing in this bill, you need to build about five or six more Site C–equivalents in the next ten years. Or what this government is saying is they have no problem buying dirty energy from other jurisdictions, which we already do right now in peak times.
Interestingly, when the NDP got into government, one of the first things they did was cancel IPPs, independent power producers, that were actually looking at bringing in wind farms, run-of-river projects, solar projects. Why? Because for some reason, the now Premier and others called it dirty power. Interesting. They also opposed Site C, and said we don’t need all this power.
Now, go figure. Reality kicks in. The government wants to put forward this bill to electrify vehicles, and we want to do this right away. Now, all of a sudden, our Premier comes out and says, “Oh, we got it wrong” — paraphrasing his comments, of course. “We don’t have enough power. I guess we should open it up for IPPs again. I guess we should look at how we can power the province,” which, by the way, can take five, seven, ten years in order to get some of these projects built, unfortunately. Even worse, some of them, depending on the permitting requirement.
That wasn’t really thinking ahead, was it? That wasn’t really planning for the future. This government continues to do that, coming out with all these announcements that don’t logically hit the ground as being achievable.
Now, as I said, technology has advanced, and people are making different choices because of that. Technology has not advanced to the point where in ridings like mine and many others in the north electric vehicles will work well in the wintertime.
I own a hybrid vehicle, personally, so, luckily, in the wintertime, I can still use that. The batteries struggle as soon as it hits minus 20, and I’m running off of the internal combustion engine, but at least I have that option. What this government is telling me is that you won’t have that option anymore.
By the way, all those people that work in the oil and gas sector, you’re not going to be able to operate your big welding trucks anymore. This bill is saying…. I think we are looking at anything almost like a three-quarter ton or under has to be electric. That’s probably 90 percent of the vehicles in my riding.
As I mentioned, right now I probably have two people that I know of that have electric vehicles. This government is saying that that has to somehow change from two to 100 percent in the next few years. Again, not practical, not logical.
We talked about trying to achieve policies to lower our carbon emissions. Under the B.C. Liberals at the time, now B.C. United, we were recognized as one of the most proactive governments in the world when it came to looking at ways to lower our carbon emissions — some of the policies that came in, some of the goals that were achieved.
In the last seven years, regardless of all the virtue-signalling that this government does and all the announcements, our emissions have skyrocketed, but it’s not because of vehicles.
Do vehicles play a part? Absolutely. I’m not naive enough to say they don’t. But to think that this government is going to say everybody has to have an electric vehicle within the next ten years, putting the pressure on our businesses, putting pressure on our families through cost, through business pressures….
I’ve already heard from some people in my riding that own dealerships and that just say: “You know what? I get to move my dealership five miles away, and I don’t have to listen to the NDP rules anymore. I don’t want to, but as long as the NDP is in government, I almost cherish the day of moving my company to Alberta because of that.”
Interjection.
M. Bernier: And lots are, as my colleague from Kootenay East just said, who also lives close to the Alberta border so has lived experience in that.
I wasn’t originally intending on speaking to this bill, because when I first heard about it, I thought that it was going to be a little bit more flexible and aspirational, not so prescriptive that it is actually going to hurt people and families. If you are fortunate enough to live in a large metropolitan area that has started building out the infrastructure, that has public transit opportunities and that has flexibility in what can or cannot be achieved, then fill your boots. If that’s what people want to support, then obviously, they have that option, but not everybody can.
That’s why I chose to stand up and speak to this: to remind this government that what they are doing — and what they are doing over and over again in this Legislature, frankly — is taking people’s life choices away from them. It’s another top-down, government-knows-best approach, and I guarantee you that it’s not something that people in my riding can support.
Will they choose to buy an electric vehicle someday, if the infrastructure is there, the price is right and the technology advances? Possibly, but it’s their choice to do that. At some point, as things change within society, let’s say, and we have fewer and fewer opportunities for internal combustion engines, maybe we’ll see less gas being produced, for different reasons, and people might be looking at different choices. But that’s not happening right now, and I guarantee you that will not happen within the next five to ten years.
We’ve seen this government, time and time again, make announcements and promises and then have to turn around and…. They will never admit it, but they will turn around and then say, “Oops. You know, we’ve got to change that, because it’s not achievable,” or just pretend they didn’t make the announcement to begin with, like the renters rebate and 114,000 houses. I mean, the list goes on and on, of what this government has promised and was unable to achieve.
Again, I guarantee you, on the record, if the government is crazy enough to try to continue pushing this through and following through with it, that in ten years from now, we’ll be standing here saying: “Yet another bill and promise that this government has failed on.” Surprise, surprise. It’s a trend, for sure.
It’s not that I want government to fail, necessarily. I’d like government to actually put forward practical pieces of legislation that are going to help people, help families and help our communities.
If they do that…. I think the government will acknowledge that when they put forward pieces of legislation like that, they’ll usually see support, if not unanimous support, in this House. I don’t know about the B.C. Conservatives, because who knows what they’re going to vote on or when they’re going to vote on it, or if they even show up to speak. They haven’t been speaking to many of the bills so far, but it’s interesting to see what they’re maybe going to say to this one.
Interjection.
M. Bernier: Again, like my colleague from Kootenay East had said in his comments — and just said behind me now too — the cost of this to consumers could be astronomical.
My colleague from Skeena also talked about used vehicles. I think I’m going to hold onto that ’85 Fiero that I have, because it might be worth $1 million come 2035, as somebody is going to want to buy a used vehicle that they can still drive around when they’re forced by this government to have an electric only.
In all seriousness, this is one of the things that I’ve heard too. Do used vehicles apply? No, this is talking about new. So what this government is, in essence, saying is, instead of going out and maybe upgrading to a newer vehicle, electric or internal combustion, which are more environmentally friendly: “No. Keep driving that 1975 Buick Regal around that’s spewing out oil.” Carbon emissions are through the roof, but keep driving that around instead.
I’m waiting to see if that’s the direction and the advice that the members opposite want to speak to. With that, I do find it surprising — and we’re not over in debates yet — that so far it’s only been the opposition speaking to this bill, let alone against the bill, but to this bill.
You would think, if this is like a hallmark piece of legislation about saving the environment, that we would have NDP member after NDP member standing up saying: “I support this wholeheartedly. I can’t wait to get rid of all of the vehicles in British Columbia that are burning gas, and I completely support making sure every single family is told how to buy a vehicle going forward. This is going to magically save the world.” I haven’t seen one yet do it, but in all fairness, we’re not done yet. Well, even the minister spoke very quickly on it, when she presented the bill.
We are standing up and talking about this, because I think it’s important to highlight, once again, the flaws in what I would say is a rushed piece of legislation. Ironically, right after the NDP were criticizing the federal Liberal Party — rightfully so, I should say, but beside that — for their quick and rushed announcements around reducing carbon tax for some people, and the NDP had a problem with that…. But they have no problem doing the same things themselves.
Now, I stand to be corrected, because when I finished talking about this at home — I talked to my auto dealers; I talked to my constituents — I am more than willing, and I’ll say this on the record, if I hear wholeheartedly from everybody in my riding that I’m wrong, and they all want electric vehicles, “The NDP is right; tell me what to do,” I’ll come back in the House and apologize. I think I’m pretty safe, though, with my commentary on this one of how my riding feels.
This piece of legislation, Bill 39, is not practical. It’s not realistic, as I’ve said. I’ve, again, used another couple of words or a word, and I won’t repeat it. I don’t want to keep getting a look from the Chair. You know, I’m not trying to make light of this, all kidding aside, because this is serious.
This is important to talk about, and every single one of us on this side of the House…. Surprisingly, even including our colleague from the B.C. Conservative Party announced today that, yes, climate change is real. Of course we want to look at ways to look at reducing the carbon emissions, if we have a role that we can play in doing that. Why do you think we were such huge promoters of things like LNG, which is going to get China off of a huge amount of coal-fired power generation?
I’ve said this to people, and I think I’m pretty close on this fact, too, if you look at this LNG project and if we built one more, British Columbia could actually tout itself as being a carbon-neutral province, the first carbon-neutral jurisdiction in the world. Why? Because we’ve promoted things like LNG, clean electricity, things that are actually going to help globally reduce carbon emissions.
If this NDP government is so naive to think that bringing forward Bill 39 to tell everybody they have to get rid of their internal combustion engine is going to make a dent at all in carbon emissions, well, I’ve got an ’85 Fiero to sell them.
Interjection.
M. Bernier: Price is going up.
If we’re going to do anything, we should be promoting more opportunities to reduce global emissions. We do not live in a bubble. I hate to tell you that. Every day here in Victoria we’re breathing air that at one point went across China. That’s bringing those carbon molecules to us.
Can we try to do our part? Absolutely. That’s what we’ve been saying all along. That’s what our party has always stood for: how do we look at doing our part? But our part is not telling people how they have to live their lives in an unrealistic, unattainable, unaffordable way.
I know my colleague from Peace River North, who’s going to speak after me, will continue on with some of the thoughts or concepts — I know he lives in the same world as I do up in the Peace region — on the struggles and frustrations that people will have with this piece of legislation. There’s a reason why we’re now speaking to it. We’re hoping this government will actually, at committee stage, I guess, look at themselves, maybe look in the mirror, and realize that this isn’t the right step to go as written.
It’s one thing with the first piece of legislation that they had brought forward to look at electrifying. It’s another thing now to say, “We want to accelerate it. We’re going to amend our own policies” that were not realistic, “and we’re going to make them even worse,” which is what this piece of legislation does.
Enjoy the photo op. Enjoy the accolades from very few people. Enjoy the fact that, once again, another NDP promise will not be able to be achieved, which, again, is a theme. As you might be able to guess, I struggle with supporting this bill, and appreciate the House’s time to express my opinions.
D. Davies: I stood here in this House in 2019 and debated Bill 28, which was an absolute ridiculous bill then, to which I debated the ridiculous-ability — if that is even a word. And here we are again. Whoop, there it is. The bill is even worse, Bill 39, the Zero-Emission Vehicles Act of 2023.
When I first looked at this, I wasn’t even sure where I was going to start because there are so many issues and so many negative impacts that this piece of legislation is going to have on not only my riding and Peace River South but rural and interior British Columbia — the challenges that this is going to pose.
Over the years, I’ve talked about my riding and the uniqueness of it. We always talk about the diversity of this province. I’m quite proud it’s a very diverse province. You know, Vancouver Island has things and the Lower Mainland, the Okanagan, the Shuswap, the northeast, the northwest. We’re all proud of that diversity, and I believe we all embrace that diversity of this great province.
Peace River North very specifically is almost the largest riding in the province. It’s second by a few thousand kilometres, but it’s about 170,000 square kilometres. I can drive from the south end of my riding, and by the time I get to the north end, from when I leave, into Watson Lake, Yukon, it’s about a 15½ hour drive, and I’m still in my riding.
I believe the member for North Vancouver–Seymour drove that.
Interjection.
D. Davies: And it wasn’t in an electric vehicle, was it?
Interjection.
D. Davies: No, it wasn’t in an electric vehicle. Okay. Well, it is impossible.
This is what I want to talk about — that diversity of our province. We see so many bills come forward by this NDP government that are those cookie-cutter approaches. I remember this, and I know many colleagues were on local government as well, and you see these cookie-cutter legislation pieces coming out that just don’t work across the entire province as they might in Vancouver, as they might on the Island. This is one such piece of legislation that will not work across the province.
[Mr. Speaker in the chair.]
We look at the debate here around moving people into electric cars, and I don’t think that there’s an argument, for the most part, but again, it depends on where you are. The electric cars work well in the Lower Mainland. Nobody argues that. The Island — nobody argues that. But when we talk about certain areas of the province….
Tomorrow is Halloween, by the way. My children will go out trick-or-treating tomorrow. They’ll put on a costume, and then they’ll put on their snowsuit over top of their costume. Nobody ever sees kids trick-or-treating in Peace River North because they have a snowsuit over…. Peace River South is the same, and I’m sure the Kootenays is the same. We’ve already had minus-17-degree temperatures last week and six or seven inches of snow.
M. Bernier: Maybe this bill is a trick, not a treat.
D. Davies: Yes, it’s definitely a trick.
But this is the difference when we look at just the environment that we all live in, the different environments that we live in, across the board. We can be easily minus 25 by right now. In many cases we have. We trick-or-treated a few years ago, and it was 20, 25 below. We did one block, and that was about all we could do.
We are stuck in this weather pattern up in the northwest and parts of the Interior, the southeast and northeast, where we’re in this weather pattern now until about April that will be fluctuating between anywhere from zero on a really, really nice day, to minus 30 or minus 35.
The reason I’m talking about this weather is because electric cars, of course, require a battery, a lithium-ion battery, which has huge issues with cold weather. We know for a fact…. And even Tesla, in its own documentation states the absolute issues that they have.
Well, I can read both. I can read the Tesla one, or I can read the American Automobile Association, who also did a study a couple of years back on the batteries. They’re talking about when driving on the highway when the weather is roughly 20 degrees Fahrenheit, your distance would be reduced 59 miles per 100 miles — so yeah, almost 60 percent. Now of course, this is looking at having your heater on, and you will have your heater on, probably the seat warmer, certainly for the first little while when it’s 20 below.
Oh, by the way, let me convert this: 20 degrees Fahrenheit is minus 6.6. That is a really, really nice day right about now. A reduction of 94 kilometres per 160 kilometres.
So this is the impact when we look at…. Tesla’s numbers are not much different than the American Automobile Association. They’re not much different when they talk about the performance issues around the batteries of electric cars.
Now again, we’re not arguing that electric cars are a bad thing. But they don’t, and they won’t, work everywhere. Yes, technology will move forward. Technology will improve. We get that. But this piece of legislation, moving the numbers up into…. Well, right now we’re at around 18 percent electric vehicles in British Columbia. By 2026, a couple of years from now, they’re hoping to have 26 percent. Okay, that’s maybe doable. By 2030, they want 90 percent electric vehicles. Seven years from now, to force…. I use the word “force,” because that’s exactly what this government is doing. It’s forcing people to go buy an electric car.
By 2035 — originally 2040, now 2035 in this new legislation — 100 percent of all the vehicles purchased in British Columbia that are…. Well, by the weight that’s in the act, it’s three-quarter tonnes or less. There are not many other vehicles outside of that weight class left, other than if you’re talking about a one-tonne pickup. It’s been mentioned before. Already, these vehicles have the luxury tax on them.
When you’re looking at a one-tonne pickup, equipped out with everything on it, you’re looking at $130,000 to $140,000 just to have a pickup to go to work. The challenge is that that’s where this is going to hit a lot of people. That is unfair on this legislation.
Hon. Speaker, with that look in your eyes, I can see that you want me to move adjournment. So I will reserve the right to continue my remarks later.
With that, I move adjournment of debate.
D. Davies moved adjournment of debate.
Motion approved.
Committee of the Whole (Section A), having reported progress, was granted leave to sit again.
Committee of the Whole (Section C), having reported progress, was granted leave to sit again.
Hon. N. Sharma moved adjournment of the House.
Motion approved.
Mr. Speaker: This House stand adjourned until 10 a.m. tomorrow.
The House adjourned at 6:23 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 34 — RESTRICTING PUBLIC
CONSUMPTION OF
ILLEGAL SUBSTANCES ACT
The House in Committee of the Whole (Section A) on Bill 34; R. Leonard in the chair.
The Chair: Good afternoon, Members. I call Committee of the Whole on Bill 34, Restricting Public Consumption of Illegal Substances Act, to order.
The committee met at 2:36 p.m.
On clause 1.
E. Sturko: In clause 1, I’m wondering if the definition of “workplace” includes hospitals and long-term-care facilities.
Hon. M. Farnworth: Yes.
E. Sturko: I thank the member for the answer.
I just want to make sure…. In terms of this legislation and the ability for police to enforce this particular bill…. I had an opportunity to speak with health care workers over the past several weeks, and one of the issues that they brought forward was drug use within hospital rooms — for example, nurses taking bed sheets getting stuck with uncapped needles, multiple incidents of nurses having to go to the ER after being exposed to large concentrations of fentanyl smoke and other drug smoke.
Then they felt that they were not supported, necessarily, always, in reporting that due to, I guess, a culture of not wanting the stigmatization — which we get. But, also, we want to make sure that health care workers are protected in their place where they’re doing their work.
For example, can the minister please clarify…? If there is a workplace incident in something like a hospital, as it is defined as a workplace, how does this particular legislation apply? Will, then, the police be called? Is this a matter that could be dealt with by security, or how can we best protect health care workers who are actually at a great risk of being exposed to drug residue?
Hon. M. Farnworth: In terms of this legislation, it is primarily for outside, in public spaces. Inside a hospital, the hospital has the authority to set its own policies and rules and regulations about what activities can take place within the hospital. So if they said no drug use in the hospital, they absolutely have the authority to do that.
E. Sturko: I thank the minister for the answer. So then, would it be the Trespass Act that applied?
Hon. M. Farnworth: I appreciate the question from the member. Yes, it would be. Inside the hospital, it would be the Trespass Act that could be applied.
E. Sturko: I thank the Solicitor General for the response. In developing the decriminalization proposal, did the government complete a former jurisdictional review?
Hon. M. Farnworth: I appreciate the question. My answer to the member’s question would be that I believe that Mental Health and Addictions looked at what we are proposing in terms of decriminalization. But the purpose of this bill is not that. The purpose of this bill is about regulating drug use in public spaces.
E. Sturko: I thank the Solicitor General for the response. In the process for decriminalization, one of the things that was going to be looked at, though, was a consultation with communities, obviously to look at what the impacts of decriminalization might be and to also allow for communities to understand what public drug use might look like, what decriminalization would look like for their particular communities.
That would be an opportunity, I would think, for, at that time, the Ministry of Mental Health…. Even relevant to this particular legislation and relevant to the Ministry of Public Safety would be where to move people on to. For example — we’ll speak about this later in another clause — when people are asked to leave a park or an area where drug use is forbidden, where those individuals could go.
During the formation of this piece of legislation, what type of, I guess, information-gathering from communities who have already seen negative impacts was done for this particular bill?
Hon. M. Farnworth: I thank the member for the question. We had two sets of quite robust consultations with both UBCM and local government. The focus of those consultations was to understand where they were most concerned about areas involving public drug use. So it was very much about listening and discussing with them and hearing their main concerns about what areas of their communities they were concerned about in terms of public drug use.
E. Sturko: UBCM was, like, a month ago.
So a two-parter, a two-part question. Was the legislation already drafted prior to UBCM discussions having taken place? Did the minister’s staff meet directly with Campbell River, Nelson, Kamloops or any other jurisdiction of the province that put forward bylaws to deal with some of the public disorder from decriminalization? Did they take into account the experiences and where those communities wanted to go as part of this legislation?
Hon. M. Farnworth: The member mentioned Campbell River, Kamloops and…? Did you mention a third community?
E. Sturko: I said Nelson.
Hon. M. Farnworth: Nelson. Okay, thanks.
Hon. M. Farnworth: I appreciate the question. I can tell the member that all three communities were part and parcel of the consultations. They took place in July, so before the legislation was drafted. I can also tell the member that….
I can’t remember if I met with Campbell River during UBCM. I’m pretty sure I did. I definitely met personally with the communities of Nelson and Kamloops, not only at UBCM but also prior to UBCM.
E. Sturko: I thank the Solicitor General for the response. Can he provide an estimate of when the police training will be completed, regarding the new legislation?
Hon. M. Farnworth: I appreciate the question. The training is under development, and it will be complete before the implementation. The implementation is being done by regulation.
E. Sturko: Is there a timeline for that work to be completed?
Hon. M. Farnworth: We’re targeting early December.
E. Sturko: Regarding the exemption order, can the minister please confirm…? Does that order have supremacy over this bill? In the meantime, until the regulation brings this legislation into force, then the second exemption order that was granted in September — that’s still in existence until December. Is that correct?
Hon. M. Farnworth: Thank you for the question.
The exemption will continue. It continues regardless of when the bill comes into force.
E. Sturko: Just seeking to clarify whether or not police maintain their full discretion to enforce the Controlled Drugs and Substances Act until this bill comes into force.
Hon. M. Farnworth: It’s both until the bill comes into force and after the bill comes into force.
E. Sturko: Can you clarify? So after the bill comes into force, the police will still have full discretion, in areas excluded from CDSA exemption, to enforce the CDSA within those areas? Is that what you…?
Sorry, I’ll clarify again. What I understand you to say is that the police officers’ discretion in B.C. to enforce the Controlled Drugs and Substances Act in areas where the exemptions no longer apply — parks, playgrounds, business doorways, swimming holes, all that, the whole thing…. They will have discretion right now to enforce the Controlled Drugs and Substances Act, including possession of a controlled substance of 2.5 grams or less. If they chose to do that, probably not going to get charges from Crown, just saying.
Then after this bill comes into force by regulation in December, what the minister had said was that they still have the full discretion to charge under the CDSA. Will that include charges for possession of a controlled substance under the CDSA in those areas?
Hon. M. Farnworth: The answer would be yes.
E. Sturko: What kind of public awareness campaign is the government planning in order to implement this bill? Will there be funding for signage in areas where consumption of illegal substances is expressly not permitted?
Hon. M. Farnworth: We’d be working with local governments around awareness at that local level. But it’s also very much an opportunity, and obviously, part and parcel of the police training and education around this, as it’s a way for police to engage and to inform about what the changes and the policies are.
E. Sturko: I would have hoped to see a more robust rollout, considering that the idea is that we want to not create stigma for individuals. We want to not have to increase the amount of police engagement for people. That was one of the main cruxes of the argument of stigmatization for individuals, that they shouldn’t be getting hassled by the police.
I find it would be quite disappointing if the main idea of this government to educate the public, particularly people that probably don’t watch the news, probably don’t watch question period — particularly the unhoused; probably not big fans of question period — or people that are in vulnerable positions, probably not having very good access to information about changing legislation and laws.
I’ll start with one question, and we can move on to the second.
The first one is: will police, given the fact that now police would be expected to be educating the public in parks, playgrounds, swimming pools, outside of businesses, outside of hospitals, outside of workplaces…? Will the Solicitor General and the Ministry of Public Safety be increasing police resources, number of officers, to complete all this educational process?
Hon. M. Farnworth: I appreciate the question.
I just want to make it clear: I did not say any of that stuff, Member. What I said was that police will be working with local governments, and I’m more than happy to expand on that.
What police asked for was a tool to be able to move people along but also to engage with them. That’s what I was referring to. I am not expecting police to be going out all over the place looking for people. That’s not what this is about.
There are lots of organizations that work with people who have addiction issues and drug users, for example, who are already well aware of the changes that are taking place, being able to provide information. Government is working with local government so that they are aware of the changes and make changes and may decide on information in terms of specific places that they’re concerned about in their own communities.
So there’s a whole range in the way information will be communicated to those who are likely to be impacted by the changes being brought forward in this bill.
The Chair: Just a reminder to speak through the Chair.
E. Sturko: I thank the Solicitor General for the answer.
Is there a formal campaign or a formal working agreement that is part and parcel…? For example, the minister indicated that there’s police training that is associated to this bill. Is there actually, then, a communications strategy and a full education component that will be part of dealing, as the minister said, with municipalities and non-profits and other organizations? And further to that, will they be provided with any financial resources to ensure that these changes are communicated clearly and widely?
Hon. M. Farnworth: I appreciate the question. When the legislation is proclaimed and the regulations are in place, communications will involve working with those groups, whether they be on the ground, providing services, or whether they’re at the local level, in what’s the most effective way to get information out to the community about the changes that are coming because of the legislation.
E. Sturko: So is that a formal process that’s already been planned for and budgeted for?
Hon. M. Farnworth: I’ll come back to what I said a moment ago, which is that we’ll work with, as I said, local government. We work with organizations on the ground, developing fact-based materials that they can distribute. It may well…. NGOs on the ground will have a different way of approaching than, let’s say, a local government, which has their resources in terms of communicating changes that are happening within their community. And the same thing will be with groups on the ground working with vulnerable populations.
What’s critical about this legislation is that police asked for this in terms of it as a tool to be able to move people along, and local governments to address specific areas in their community that they had concerns about.
E. Sturko: The definitions for playground, spray pool, wading pool, skate park…. They’re described as having the same definition as the exemption order does. Can the minister confirm that once this bill is enforced, whether or not possession of any amount of drugs in these places where children and families gather and play will be allowed?
Hon. M. Farnworth: I thank the member for the question. Possession will not be allowed in any of the areas mentioned in the exemption, either before or after the passage of this bill.
E. Sturko: I suspect I can come back to that question, then, later on, probably in clause 4.
I’d like to discuss a little bit further, then, when officers will do a full discretion enforcement of the CDSA and when they will be enforcing this piece of legislation, given that…. If possession itself is now no longer exempt in these areas, that means not consuming but even possessing is now unlawful in British Columbia in areas as described by these amendments to the letter of agreement between the government of Canada and the government of British Columbia.
Under the CDSA, possession is no longer allowed. This bill deals only with consumption, so we’ll need to have more clarification, which we’ll come back to. I’m looking forward to it.
Can the minister specify what’s included and not included under the definition of “workplace,” specifically about public restrooms? In my experience, both as a police officer and as a person that uses the washroom, I’ve often encountered drug use. But you know what? There are people working also to maintain those washrooms. I want to understood a little bit more clearly about the definition and how this legislation impacts that.
Hon. M. Farnworth: I appreciate the question from the member. For example, in a park, a public washroom would be a no-go area, because it is in a park.
S. Furstenau: I just have a general question for the minister. Can he just explain what he hopes and expects the outcomes of this legislation to be?
Hon. M. Farnworth: I think it’s primarily to provide police with a tool to direct people away from what are, in most communities, deemed to be inappropriate places for public drug use.
S. Furstenau: So providing police with a tool to direct people away from places that are inappropriate for public drug use. Can the Solicitor General speak to what are appropriate places for public drug use?
Hon. M. Farnworth: I think it could be to direct people to an overdose prevention site, a safe injection site but, just as importantly, away from places such as have been outlined — parks, places where kids gather, places where families take kids, for example. They’re just not appropriate places for public drug use.
S. Furstenau: If an appropriate place is a safe injection site, a safe consumption site or an overdose prevention site and that is a location that’s not available in the region where the police are trying to enforce this legislation, what are they expected to do?
Hon. M. Farnworth: I thank the member. I appreciate the question.
The reason this bill is here is because of concerns about public drug use in inappropriate places. Much like other forms of substance use, a lot of it is where there is a problem. In most cases, where I expect it to be applied is where families gather, where kids gather, where parents don’t want to expose their kids to inappropriate drug use.
Police have a whole range of priorities they have to deal with. It’s not like all of a sudden they’re going to be driving around looking for someone who is in a location and is using, but there’s nobody around.
I think the focus is going to be where there are problem areas. Those have been identified by local communities, in terms of why they want the legislation to be in place. It’s why the exemption contains those areas where you cannot use and is specifically outlined — also, businesses that are maybe having a problem.
That’s the way I expect the law to be enforced, with discretion and common sense.
S. Furstenau: I would say there’s probably consensus in terms of the goal for people using drugs that they have a safe place to do so, that there be access to places where using particularly the drugs that are on the street, the illicit drugs on the street right now, which are very deadly and kill six people a day in British Columbia. There’s consensus that it should be the goal that people have a place where it is appropriate to consume substances. The challenge here is that those places don’t exist in every community.
Particularly, I think the number of safe inhalation sites in B.C. is 19, and 65 percent of the drug toxicity deaths according to the last coroner’s report were from inhalation. How is that reality informing legislation that is saying that we don’t want to see drug use in inappropriate places, yet functionally, appropriate places aren’t available, particularly to the thousands and thousands of people in B.C. who are currently unhoused? How do we solve that problem with legislation that says, “Now you can’t use in inappropriate places,” yet appropriate locations have not been provided?
Hon. M. Farnworth: I appreciate the question from the member. It is an important question. It’s one that we have been working on since being elected in 2017. At that time, there were only, I think, two overdose prevention sites in 2016. Now there are 47. Those are bricks-and-mortar ones.
At the same time, there are other ways in which we reach out to people, through mobile centres, for example — things of that nature. It’s scaling up. That’s what we have been doing, and we intend to continue to do that. It’s one of the things that…. We have been working with communities on the importance of being able to deal with the issue, to deal with overdose prevention by the provision of — and this is getting outside the scope of this legislation — and through other ministries’ initiatives on the addiction side.
This specific bill is to deal with issues raised by local communities and also to respond to concerns by police in terms of their having the tool to be able to get people to move away from an inappropriate place.
E. Sturko: Just to build on what my colleague from the Third Party said, the Leader of the Third Party. There was a federal letter of requirement with caveats to what was required for the decriminalization pilot to proceed in British Columbia. I believe it’s section No. 4 of that letter, which stated that this government must — not should or not someday — provide access to increased health and social services.
Overdose prevention sites, supervised consumption sites would fall into the category of either a social service or a health care service, depending on what camp you sit in.
So given this new legislation, the scope of it is that we are asking police officers not to arrest people, not to ask for charges or make a case under the CDSA but to move people on to places where it would then be deemed appropriate for them to use substances that are exempt from the CDSA at this time.
How is it that this government is meeting the expectations of the letter of agreement under decriminalization when this legislation is moving people on to areas that simply, in every community, do not exist?
Hon. M. Farnworth: I appreciate the question, which I would say is more of an estimates question than any section in this bill. But I would say that’s why there’s over $1 billion in the Mental Health and Addictions Ministry to deal with mental health and addictions. It’s also why, as I said a moment ago, the number of overdose prevention sites is being built on and will continue to be built on.
E. Sturko: I thank the Solicitor General for the response.
Regardless of the amount of money that’s been budgeted, the reality is that at this time, we are thinking of having some legislation here that’s going to be deeply impactful to people who use drugs. Setting aside the concern for safety that individuals have with their children going to parks, playgrounds, other places where they’ve encountered things like drug residue, uncapped needles, the rest of it, we’re talking about six people a day whose lives are at risk in British Columbia, six people a day who die.
We are dealing now with a government that’s failed to meet its letter of requirement. It does absolutely have to do with this piece of legislation, because police have the expectation now to direct people away from the parks, to direct people away from forbidden places.
What, in the training that will be set out for police, will the police be told about where to send people and what to do in terms of giving direction for individuals where safe consumption locations are not available?
Hon. M. Farnworth: There’s a number of points I just want to address.
First, in areas of communities that the member mentioned where there may not be an overdose prevention site, for example, police can advise of a place in the community where it would not be illegal or inappropriate to use drugs. That’ll vary, obviously, from community to community, and they know their local community.
I also think it’s important to point out that we are working with local governments, in partnership, in terms of the need to establish overdose prevention sites with local communities. We have been expanding the number, in terms of the province.
At the same time, Health Canada — I know that the letter gets mentioned — has told us that they are satisfied with the progress that we are making in terms of meeting their requirements that they laid out in their letter.
S. Furstenau: We’ve heard a lot about safety for members of the public. Does the minister consider people who use drugs members of the public?
Hon. M. Farnworth: Of course we do.
S. Furstenau: In hearing about what are appropriate and inappropriate spaces…. Would a residential alleyway be considered an appropriate space?
Hon. M. Farnworth: If the member is asking do I think the police will be directing people to alleyways, no, I don’t.
S. Furstenau: So in absence of a safe consumption site, can the Solicitor General identify what would be considered an appropriate space?
Hon. M. Farnworth: I expect police will take a number of approaches, obviously, depending on the community that they live in. One will be to direct to, if there are services, overdose prevention sites, for example.
The other…. As I said a moment ago, all communities are different. Police know their communities. They’ll be able to direct people to areas that are not going to be frequented by kids and families, or doorways of businesses. That’s what I expect will take place.
E. Sturko: So does that mean that police in communities, then, can decide that any place that’s frequented by children and families is not a good place for consumption of drugs, which would actually vastly expand the number of places that shouldn’t include drug use?
Hon. M. Farnworth: As I said, police understand their community, and this legislation is focused very much in terms of what communities identified as their areas of concern. That’s very much where families and kids gather, such as playgrounds, for example, and parks and areas where they have to move around, such as bus stops, where, you know, they’re standing and waiting for a bus, for public transportation. That’s what this is focused on.
Police have the ability to direct people — “Here’s where an overdose prevention site is,” or “Here are some community services that you may want to access” — and, at the same time, knowing their community, going: “Hey, there are other areas which would be more appropriate to be using drugs than in a public space.”
I think it’s one of those things. I think common sense and discretion will be the order of how police use the legislation.
E. Sturko: I appreciate the answer. I know that it’s probably a little bit frustrating, but we’re talking about a wide range of discretion. Now I’m understanding more fully that police still have that discretion to enforce the entire CDSA, which, you know, will lead to several more questions later on.
Now we’re asking police to make that interpretation about where to send people. I understand that if there are services, for example, a shelter, if there is a friendship centre or another community service and that person could go to that or…. Let’s say it’s at nighttime, though, and they’re supposed to direct someone to, using the minister’s words, a more appropriate place to use drugs. Why has this government chosen and the ministry chosen not to define what is meant by a more appropriate place for drug use?
Hon. M. Farnworth: I appreciate the question and what the member is asking. I think it comes down to a couple of things.
One, every community is different. Some communities are very dense; some communities are spread out. Some communities have lots of parks, not all used; some communities have a few. Some have huge parks; some have small parks. Some are rural; others are urban. To try and define that is not necessarily an easy thing to do.
Is this perfect? No. What we’re trying to do is to balance the approach here, to balance the recognition that there’s that diversity and to address issues raised by local communities.
The police have discretion. They have discretion on a whole range of our laws. A lot of times it’s when…. Enforcement is often when public safety is an issue, for example.
I’ll give an example. The speed limit is 50. They don’t usually start ticketing…. I mean, if there’s a rash of incidents, then they’ll step up patrols. They enforce and start ticketing, often, at 60 and above.
Police have a whole range of priorities that they have to deal with on a day-to-day basis. But if they see that there’s an issue in an area, they want a tool to be able to deal with it. That’s what this legislation is about. It is striking that balance.
At the same time, all the work that’s going on with the other things that address…. Because this is a broad spectrum issue that requires a whole range of approaches in dealing with it, work is being done in those areas, in terms of increasing the number of overdose prevention sites, working with local government to ensure that the services are there that people are able to access.
S. Furstenau: I think we’ve established a bunch of things. There aren’t enough of those services in communities across B.C. We’ve established that “appropriate” hasn’t been defined in the bill.
Interestingly, I talked to a bylaw officer who said that from her point of view as a bylaw officer out in the community, that would actually have been the useful tool of legislation — to actually have legislation that says: “Here are the appropriate…. Here are the places.”
I’ve talked to bylaw officers and RCMP who feel…. Essentially, they don’t think this legislation is going to particularly achieve much. What it might achieve, though, is, particularly for unhoused people who may be choosing to use drugs in the public purview as a way to try not to die…. It might have the result of pushing those people out of sight.
That’s the reality. People are choosing to use drugs in public spaces because without the benefit of the service of a safe consumption site, other members of the public are the people that might prevent them from dying. So to say: “Here are places in the public that are inappropriate….” Ultimately, it seems like the intention of the legislation, and maybe the Solicitor General will have another explanation of this, is to move this out of sight.
We know that that is where people are dying in this province. Most people who die from toxic drugs are dying in their own homes, out of sight. But people who are homeless have very few options available to them. To have a piece of legislation that says to those people, in particular: “We just don’t want to see. Move this out of sight….”
In year 7 of a public health emergency, what message is that sending to the people who are at risk of dying from the toxic drugs on our streets?
Hon. M. Farnworth: I appreciate the question from the member. I’m really clear: this isn’t about pushing people out of sight. It’s recognizing that yes, there is a toxic drug crisis, and yes, government is doing everything it can to deal with it.
Part and parcel of that is also recognizing that the public has concerns too. They don’t think it’s appropriate, when they take their kid to a park, that their kids have to watch public drug use and that that’s something that should be seen as normal or something not to be concerned about. People have the right to use a public space without having to worry about that, so that they can take their kids somewhere and not be concerned about that.
At the same time, we understand the challenges that homeless people face. That’s why, later on in the bill, there are the regulatory powers. Some of the regulatory powers that the regulations will be considering are how we deal with those situations. But it’s also working on a broader scale in providing the services that people need. As I said, we’ve increased the number of overdose prevention sites. That’s the bricks and mortar. There are the mobile sites.
If you want what you’re talking about to succeed, it’s important to remember that in order to do that, you have to have public support to do that as well. That means understanding the public’s concerns. That means understanding a family with kids and their concerns, which are every bit as legitimate. It’s striking that balance. It’s not about pushing people out of sight and saying that we don’t care.
We do care. That’s why we’ve been making the investments that we’ve been making. That’s why we’ve been expanding the programs that we’ve been making. That’s why we’ve been working on the approach that we’ve been doing.
You also have to understand community concerns and public concerns as well. What this bill is doing is addressing that and giving police the tool to be able to move people from an inappropriate place.
S. Furstenau: I’ve been a mom for 29 years. Very proud that I’ve been a parent in this beautiful province. I can’t think of anywhere outside of, say, establishments that are for adults only — bars, casinos…. There’s no public space that I would think: “Oh, I can’t go there with my children. This isn’t a place for me to go with my kids.”
If the argument here is that we don’t want children to see public drug use…. Ideally, we have a solution for that, which is overdose prevention sites, safe consumption sites. That’s how we solve that. But if this whole thing is premised on: “Here are some areas where there will be kids. There are appropriate areas somewhere else, but they’re not out of sight, but somehow kids won’t see public drug use there….”
From my point of view, the absolute and utter failure of four decades of governments to keep a social safety net and see people who are forced to live on the street is what I’m concerned about. That’s what kids in every community see every day. “Oh, hey, look. Social determinants of health don’t matter here. No housing for you.” That’s what I’d be concerned about.
I’m just really stymied. Which part of the public area am I not going to with my kids so that they won’t see public drug use?
Hon. M. Farnworth: I appreciate the member’s questions. I’ll just reinforce that we’re trying to strike a balance, and it’s a fine balance, between….
You’re right. Kids do go everywhere. But there are also purpose-built places where kids specifically go and families specifically go and people specifically go: bus stops, for example. And it’s not just kids. It’s seniors and people with disabilities, for example, who feel intimidated when they see something going on there.
That’s what we hear, and that’s the feedback we get. That’s why bus stops are included in this legislation. It’s the same with purpose-built places such as parks and skateboard areas, facilities where families and kids tend to gather.
Are there going to be areas where kids go? Yeah, but they’re going through. They’re not congregating there for a specific purpose. It is a balance, and it comes back to the overall approach being taken.
It’s legislation. It’s health. It’s the mental health and addictions. It’s all of those things. It is about continuing to increase the number of facilities that are available, whether it’s overdose prevention sites or whether it’s safe injection sites — and different modes in which those services are delivered, whether it’s through bricks and mortar, whether it’s through mobile units — depending on the nature of the community or what’s required in terms of services. It’s all of those things.
That’s why we have been ramping those things up, and we’ll continue to do that. I come back to how this legislation is about striking that balance.
Clause 1 approved.
On clause 2.
E. Sturko: I do have more questions, but can I please ask for a short recess?
The Chair: We stand recessed for ten minutes.
The committee recessed from 3:56 p.m. to 4:08 p.m.
[R. Leonard in the chair.]
The Chair: I call the meeting back to order.
E. Sturko: Can the minister define what’s meant by “must consult” in clause 2? What is the exact process that’s required under this clause?
Hon. M. Farnworth: It means that if the local community is going to put in place a bylaw, then they have to consult with their local health authority or a public health official and say: “Here’s what we’re planning on doing. What do you think?”
E. Sturko: Are there criteria, though, in terms of what they will be looking for? What are they going to be, I guess, analyzing in a given bylaw? Is there something that, for example, would be set out that municipalities who are considering a bylaw would be able to follow in terms of the expectations of the health authorities?
Hon. M. Farnworth: No. It’s already a fairly well-understood process for local government that they’re required to consult whenever they’re dealing with a public health issue. A bylaw would be that.
E. Sturko: Can a regional health board or a regional medical health officer make requirements of their own? Specifically, could they require changes to a proposed bylaw before it could be formally adopted?
Hon. M. Farnworth: They can’t make requirements, but they could certainly suggest.
E. Sturko: Could regional health boards or medical officers responsible for public health matters within the area of local government effectively veto a potential bylaw that proposes to regulate, prohibit or impose requirements in relation to the consumption of an illegal substance in public?
Hon. M. Farnworth: No.
E. Sturko: Can the provincial government veto any potential bylaw or make requirements for changes to a proposed bylaw before it can be adopted?
Hon. M. Farnworth: There’s no requirement for them to submit the bylaw to us. We don’t review their bylaws.
E. Sturko: Whether or not, for example, a medical health officer for a region agrees with the outcomes or impacts of a potential bylaw on drug users, there is no requirement, though, for municipalities drafting bylaws to, essentially, change their bylaw due to input by the health authority. Is that correct?
Hon. M. Farnworth: The answer would be no, but what we have seen is that local governments often take into account the views of public health officials and often make adjustments to their proposed bylaw.
E. Sturko: Is a local government able to proceed with proposing and adopting bylaws not specific to consumption but instead related to drug paraphernalia and drug possession in public areas without consulting?
Hon. M. Farnworth: Regardless of the bylaw involving public health, they have to consult. Also, if the bylaw included paraphernalia, that would be included as well.
S. Furstenau: Could the Solicitor General just describe what the consultation process will look like?
Hon. M. Farnworth: I appreciate the question. There is a well-understood process for local government when they’re making changes to a bylaw that involves public health. They’re consulted on it. It’s doing it early in the process. It’s not, you know, bringing it to council and: “Oh, let’s now….” No, it’s well before that. That’s the approach that local governments would be taking.
S. Furstenau: How is the Declaration on the Rights of Indigenous Peoples Act action plan being considered in this consultation plan?
Hon. M. Farnworth: There was a fair amount of consultation with the First Nations that included letters to all the First Nations, First Nations Health Authority, First Nations Leadership Council, the justice council, friendship centres and Métis Nation.
S. Furstenau: Just for clarification, the consultation process consisted of letters to those bodies?
Hon. M. Farnworth: There were letters that went out to all the nations, and those organizations had in-person consultations with….
S. Furstenau: Can the Solicitor General describe how those consultations went, in terms of what input those organizations had into this legislation?
Hon. M. Farnworth: I appreciate the question from the member. I can tell the member there was a wide range of opinion from First Nations and First Nations organizations on this issue and on the legislation. Some wanted a very permissive approach in terms of public drug use, and others were absolutely opposed to any form of public drug use.
This legislation, and the input that we received, strikes a balance between the different views that we received in terms of the consultation and the input.
S. Furstenau: The Union of B.C. Indian Chiefs have come out in opposition to this legislation. Can the minister speak to the concerns that they have raised?
Hon. M. Farnworth: I appreciate the question from the member. I think you can sum up their concerns in three areas. Ensuring that there’s not a disproportionate impact on Indigenous people. They’re concerned there. Concerns about services — housing, for example, and other social supports. And wanting to ensure that it’s progressive enforcement, as opposed to a punishment-oriented approach.
S. Furstenau: How does this legislation achieve any of those things?
Hon. M. Farnworth: I thank the member for her question. I’ll respond this way.
First off, in terms of the issue of services, that’s outside the scope of this legislation. That’s work that’s underway in other ministries — some of those issues that I touched on. That’s where that’s taking place. That’s where there’s a significant amount of work that is underway in terms of expanding the provision of services that are available.
In terms of this not being about punishment…. Police have said this — that they don’t want this to be about punishment. It’s not about ticketing. It’s not about seizing. It’s about compliance. That’s the approach that is being taken.
I understand the concerns of the UBCIC. That’s why we want to make sure that those things have been addressed. But, also, other nations…. I met with the nations in the Okanagan, a number of them, and they made it clear that they want punishment, that they want confiscation. They have zero tolerance for drug use, and they want more enforcement.
So what you’re outlining and what I’m outlining reflects the diversity of opinion that we receive in terms of the consultation process. It comes back to striking a balance.
But we also do want to make sure, absolutely, that this legislation does not disproportionately impact Indigenous people. That’s why we will…. Later on there will be regulations that, no doubt, we will get to on that section.
There was a fair amount, a significant amount of consultation that took place with First Nations under requirements under DRIPA.
S. Furstenau: I wanted to put the response from the Union of B.C. Indian Chiefs on the record. On October 5, 2023, they released a statement basically saying that they call on government:
“UBCIC calls on the government to instead address the interlinked, spiralling crises of housing, affordability, addiction and mental health in a holistic, systems-wide and compassionate manner.
“The legislation effectively recriminalizes the most marginalized people who use drugs — those who are unhoused and do not have access to harm reduction services — and sends a stigmatizing message that people who use drugs must hide out of sight, even if that means death.
“First Nations people are chronically and drastically overrepresented in housing insecurity, homelessness and fatal overdoses, dying at 5.9 times the rate of other B.C. residents, and will be disproportionately harmed by this violent legislation. Despite this, the legislation was not co-developed with title and rights holders and is in clear violation of the United Nations declaration on the rights of Indigenous peoples.
“Over seven years after declaring the overdose crisis a public health emergency, the NDP is prioritizing the comfort of the majority over the survival of people who use drugs, rather than addressing the root causes of the crisis.”
Just to put on the record part of the statement from the Union of B.C. Indian Chiefs in response to this legislation.
In particular, for the Solicitor General, what does he say to the Union of B.C. Indian Chiefs indicating that the legislation was not co-developed with the rights and title holders and is in clear violation of the United Nations declaration on the rights of Indigenous peoples?
[M. Dykeman in the chair.]
Hon. M. Farnworth: I appreciate the question from the member.
Was the legislation co-developed? No. Was there significant consultation? Yes. Does the legislation represent the balance that existed on the significant differences that were very much apparent in terms of the consultation that took place? I mean, the UBCIC letter is one point of view. There were many other points of view.
What’s important is…. What is raised in that letter are all things that we are working on in terms of the root causes, in terms of poverty, in terms of housing, which are laid out, and, at the same time, also ensuring that that diversity of opinion that exists in First Nations communities is part and parcel of the balance that we have struck with this legislation.
One of the important things, in terms of being able to provide the services and being able to expand the services that are required, is that there is public support. There is attention being paid to public concern. That’s what this legislation does.
The Chair: Member.
S. Furstenau: Thank you, Madam Chair. Welcome to the chair.
I just want to pick up on — the Solicitor General has mentioned this a couple of times — public support and striking a balance.
We’ve been in a declared public health emergency for seven years. Shouldn’t evidence and data and experts be really informing a policy and legislative response to this?
Hon. M. Farnworth: I appreciate the question. What I’ll say is this: of course public policy experts, health experts, the full range of experts in the field…. Their views and their expertise are important in the development of public policy, and that’s taken into account.
What’s also important is that we are a democracy. We’re not a technocracy where public policy is decided by experts and then that’s it. We’re a democracy where the public opinion matters as well. If government is not also listening to public opinion or public concerns — that’s a better way of putting it — then what can often happen is those who would take, instead of two steps forward, take us ten steps backward.
We’ve seen in other places…. If government is not paying attention or addressing concerns in the way that the public goes, “Okay. They’re trying to strike a balance here; they’re listening to what we’ve got to say, and they’re listening to dealing with some of our concerns,” then those who would take us all the way back and throw everything that has been worked on by public policy experts — gets thrown out the window. We’ve seen that in other jurisdictions. One only has to look south of the border to see that.
I come back to this: there was a significant amount of work gone into this. This is about striking a balance dealing with, I think, legitimate public concerns raised by communities and a way to address those, and, at the same time, ensuring that all the other work that we’re doing in dealing with the toxic drug crisis, in dealing with issues of homelessness, in dealing with issues of poverty, that all of those things continue.
S. Furstenau: We actually had an extraordinary opportunity for public input on this issue with the all-party Health Committee. And, in fact, there was more public input to that committee than any other committee. More people gave input. The public gave an enormous amount of input. We heard everything from the chief medical health officer and the coroner to people who use drugs and everything in between. We heard from RCMP, enforcement agencies. We heard from social services agencies. We heard from people giving addictions treatment programs. We had months and months of input from the public. A very, I would say, democratic exercise.
We invited the public into the conversation, and they were very keen to be part of it. The vast majority of that input that we got day in and day out was focused on harm reduction, how to prevent people from dying, was focused on listening to and working with people in community, was focused on how to ensure that we have regulated treatment in this province, which we don’t, which is something that has been called for since 2016, not only by the coroner, but by the public over and over again because we have the Wild West of addictions treatment in this province.
There were a lot of recommendations; I think 37 in all. The Clerk might set me straight on this, but I think it was about 37, and that was an example of exactly what the Solicitor General speaks to in the importance of a democracy. We did that. How much did that report and those recommendations inform this legislation?
Hon. M. Farnworth: I appreciate the question. I’ll say this. My colleagues in Mental Health and Addictions…. A lot of that report is forming the basis of the work that they’re doing in terms of the provision of services that are required, changes that are required, the harm reduction approach, all of those things.
But I also know this. No one appeared before your committee and said: “Oh, we’re in favour of unlimited public drug use.”
S. Furstenau: I think there’s a name for that particular logical fallacy. But anyway, we’ll carry on.
The point is that of the people who appeared in front of the committee, the vast majority called for a significant increase to harm reduction and to ways in which people can get the services they need. Wraparound continuum of care…. The continuum of care was the first recommendation, recognizing the social determinants of health as guiding principles.
This is the first piece of legislation in the wake of that committee, and there certainly wasn’t any recommendation in there along these lines. The committee recommendations were very much focused on creating that continuum of care that does not currently exist in this province. We heard that over and over and over again.
This comes back to the conversation we were having on clause 1. We don’t have appropriate spaces for people to use drugs in this province. We have lots of inappropriate spaces; we don’t have appropriate spaces. It is sorely lacking, and we heard about that over and over again.
My question is: as the consultation goes forward, according to the legislation, buried here in my papers…. Before considering a proposed bylaw to regulate, prohibit or impose requirements in relation to the consumption of an illegal substance in public, clause 2 of this act, will the input from not just the Union of B.C. Indian Chiefs, but also the Canadian Mental Health Association…? Many other groups have come out with very serious concerns. Will the recommendations in the report that was done by the Health Committee be informing those consultations?
Hon. M. Farnworth: That report continues to inform work done within the various ministries. I have no doubt that it would — you know, consultations that take place, again — continue to inform there.
The legislation that we have before us is a result of public concern. As I mentioned earlier, it’s important to listen to that. I know that the committee heard from a whole range of people. I know that the members…. I think all of us are proud of the work that that committee did. But I also know that local governments raised a concern. They’re just individuals, but they’re speaking on behalf of their communities. They raised concerns. We are hearing public concerns.
One of the important things is just…. When something’s brought in, it doesn’t necessarily stay static. One of the things is to be able to respond and to adapt to concerns that you’re hearing and to be able to show that you’re listening. This is what….
I come back to the use of that word “balance,” because that’s what this is about. It’s about recognizing all of those things that we need to have in place. Many of them weren’t in place, but many of them now are in place or becoming in place and increasing in place.
It’s the investments being made by the province. It’s working with local government on identifying what services need to be in place in their particular communities. It’s all of those things. That’s the approach that we’ve been taking, and that’s the approach that we will continue to take.
S. Furstenau: I quite vividly remember the Union of B.C. Municipalities 2022. The concerns brought forward by local governments then were that they were unclear on the framework of decriminalization and how that was going to be rolling out. Then, in 2023, much of what I heard and had conversations about and continue to, particularly in my own community, was the need for funding services that the communities are actually presenting. “Here are the services we need.” And: “We need stable and reliable funding to ensure that they are continuing.”
For example, The Village project in Cowichan, housing 34 people, providing wraparound supports, has greatly improved the conditions in that neighbourhood. The crime rate has gone down 17 percent. The people who have gotten the housing — many of them have gotten into employment, and a number have gone on to other forms of housing. It’s been a marked success, data- and evidence-informed in that success. Yet the local government has had to push at every corner to try to get reliable funding from B.C. Housing to keep that going. That’s the kind of concern that I heard.
I think this is one of the things that, as policy-makers and legislators, there’s a hierarchy of evidence. Anecdotal — what we hear is one part of evidence. But of course, we also want to be informed by stronger foundations of evidence in decision-making.
Is there data around public drug use, public drug consumption in these particular areas that informed this?
Hon. M. Farnworth: I appreciate the question. There isn’t a baseline in terms of public drug use, but what I can tell you is that we hear more and more from local communities — MLAs, for example — bringing concerns forward. The public bring concerns forward. Local government brings concerns forward. At UBCM 2023, it was very much a topic at the meetings that took place with a number of ministries.
I know that in my own community, the local council raised concerns about two areas, in particular. Calls to my office from a particular area of my community….
All indicated concern about public drug use. Is there a baseline on that? No. Is it anecdotal? No, it’s not. It’s the lived experience of people in neighbourhoods in various communities that raise: “Hey, this is what we’re seeing.” Local government is saying: “This is where the shortcoming is.” Then police tell us where the shortcoming is as well.
That’s part and parcel…. That’s part of how the approach, in terms of the legislation, was developed. They said it’s responding to public concerns.
S. Furstenau: Here’s the challenge. If there actually isn’t a baseline of data right now, how will the minister and his staff know that this legislation is successful?
Hon. M. Farnworth: I already expect to see a reduction in the number of times I’m contacted by local government or constituents in terms of there being a problem, and being able to talk with police saying: “Hey, we’re seeing fewer of these being an issue.”
S. Furstenau: I don’t dispute that input from local governments and from constituents — as the minister indicates, people with lived experience — is important. It is. Policy-making and legislation should be informed by more than that, and it should be measured.
The first question I asked the minister this afternoon was: what’s the intention of this legislation? I wrote it down. “To provide police with tools to direct people away from inappropriate locations for public drug use.”
Now, this is going into a consult…. The clause that we’re discussing right now is about consultation with regional health boards and the medical health officers responsible for public health matters within the area of local government.
Should that consultation, in the Solicitor General’s opinion, be informed by more than what people are saying and what people are experiencing? Should there be a level of data and evidence that is informing that consultation? And should there be an expectation of measuring the outcomes of this legislation?
Hon. M. Farnworth: I appreciate the question. The point I make with this is…. One of the things I expect will happen….
You’re having to consult with public health officials. Public health officials will be able to say, “Here’s what we’re seeing. Here’s what your challenges are,” and then review the bylaw and provide input to the local government based on what they’re seeing in that particular local area.
The other point I’d make is…. This is not about criminalization; this is not about enforcement. It’s about being able to have that conversation with people. That’s the tool that police are wanting. It’s not about arresting people.
Again, it comes back to that balance of what we’re trying to do in terms of addressing the toxic drug crisis as a whole and ensuring that there’s continued public support for the broad range of initiatives and measures that have been put in place. Many of them are coming out of the all-party committee report. Others are from work that has already been underway and in progress, work that has been undertaken over the last number of years in expanding the options that are available for people, expanding the treatment responses, all of those things.
That’s why this legislation is written in the way that it is. That’s the approach that has been taken, and that, over the longer term, is going to what we want to see. Is it driving down the number of deaths that we see in the toxic drug crisis?
S. Furstenau: Okay. Unless the opposition critic has more questions…. I think this might be my last one on this particular clause.
I sat in on some of those meetings at UBCM about the concerns that local governments have around challenges to order in their communities. I’m hearing from constituents as well.
I’m concerned about a kind of conflating here of a health crisis and what may or may not be criminal activity related to that. The police would surely have the tools available to address criminal activity, breaking and entering or vandalism or any kind of public behaviour that puts people at risk or that people feel threatened by.
The requests that I heard in the meetings that I was in weren’t about legislation like this. Again, it came back to: “We have these gaps in services in our community and need funding, which we don’t have as local governments. We don’t have the funding mechanism or the budgets to be able to fulfil what are absolutely provincial services — health care, housing, access to mental health.”
Does the minister see a risk when there’s anecdotal or lived experience information guiding decisions like this — that there is a conflation of what is a health issue with what are criminal issues?
Hon. M. Farnworth: I don’t think it is about conflating the two. The reality is that the province does not have the constitutional ability to legislate in the Criminal Code. What we can do is provincial authority, and that’s where the approach that we’ve taken is a much more compassionate approach. It’s a progressive approach. It’s a way to be able to have a conversation with people, to be able to direct them to more appropriate places, to be able to send them, to point them to services. It’s about listening to….
I fully understand the conversations that you’ve had with local governments in your community at UBCM. I met, I don’t know, 50-plus local governments, and the range of issues was raised. The need for more services. That’s what’s been underway. This issue that this legislation is addressing, the need for it.
I got asked earlier by the member for Surrey South about did I meet with Kamloops? Did I meet with Nelson? Although she didn’t ask, did I meet with Prince George?
The answer is, yeah, I met with Prince George. I met with Nelson. I met with Kamloops. I met with Kelowna. I met with Penticton — outside of UBCM. I met with all of the First Nations, the bulk of the First Nations in South Okanagan on this very issue.
It’s not a case of the legislation not being informed by experts or not being informed on the basis of these metrics or just solely on policy expertise. It’s a whole range of input, and it’s a range of…. As I keep coming back to, and I think it’s important, it’s about striking a balance in terms of how we deal with the challenges that communities are facing.
Clause 2 approved.
Hon. M. Farnworth: Just on this, I want to stand down clauses 3 and 4. There are some questions I’m getting clarified, so I’d like to stand those two sections down, please.
The Chair: Is the committee in agreeance of standing down clauses 3 and 4?
E. Sturko: Can we receive clarification on what parts of clause 3 are being questioned? I do have a proposed amendment to clause 3, and perhaps it’s related to my amendment.
The Chair: I’m going to go to the minister in just one moment. But just for clarification for the member, Standing Order 84 does allow any clause to be postponed at any point. So there is a standing order that does address that. But I will turn to the minister to address your more specific question.
Hon. M. Farnworth: Thank you. I appreciate the concern.
I don’t know what the member’s amendment is, or potential…. But there is an issue, a question, that police have had. I said I’d get back in terms of an answer, so I want to stand down clauses 3 and 4 in their entirety.
The Chair: Committee members, at this point, if there isn’t agreement to stand down clauses 3 and 4, I will put it to a vote of the assembly here. Is there consent to stand down 3 and 4, or shall we go to a vote?
All right. We have unanimous consent on that. So we will be moving down to clause 5.
Clauses 3 and 4 stood down.
On clause 5.
E. Sturko: Let me just make sure I’m all tidy here now.
Should a person be arrested, what’s the next step? Is it a fine? Is it jail time? Should they be released within 24 hours? I already know the answer to that. They’ll be released within 24 hours, unless they’re remanded to custody after a JP hearing. This kind of makes less sense now that we’re not talking about clause 4 first.
Can you walk me through, Minister, what the process is, then? If a person is arrested under another piece of legislation, whether it’s the Criminal Code or whether it’s the Offence Act of B.C., what’s the next step after that?
Hon. M. Farnworth: I appreciate the question from the member. I’ll make the following observations.
First, every discussion that we’ve had with police…. As I’ve said, this is not about criminalization. It’s not about wanting to arrest. It’s about getting people to move on.
The police have discretion. We expect that this will be the exception as opposed to the rule. Even then, one of the things that you might well see is somebody being arrested and then, a block or two away, being unarrested. The objective has been achieved.
E. Sturko: I thank the Solicitor General for the answer. Those types of powers are things that the police have had always under the Criminal Code — to arrest someone and then unarrest them.
I have some further questions, though. Since we’re in “Arrest without warrant,” in clause 5…. Without arresting an individual or detaining them for investigation, for example, under the CDSA, as police would have done before, then it doesn’t compel the person to provide their identity. It doesn’t allow for a police officer to do a safety check.
One of the ways in which it was beneficial, I would say, for police to be able to identify an individual is in case that person is a missing person. Maybe they’re missing from a hospital because they didn’t take their medication. They have a warrant now saying that they should have taken it. Or maybe they’re a missing person because they’ve been exploited. They’re on the street, and their family is looking for them.
Honestly, the likelihood of a police officer — unless it’s a super small town and a very, very well-known client — just recognizing the person is actually pretty slim.
The other really important component that I’ve been hearing more and more from the public and from businesses and from people impacted by decriminalization are the safety checks. When a person is arrested, they might be searched, for officers’ safety reasons. During those searches, officers often find weapons.
I can say from my own experience in policing that in just checking someone for safety, I’ve found things like machetes. I never got lucky enough to find a firearm — that would have been something I would have liked to take off the street — but bats down sweatpants, knives, bear spray.
Without the arrest coming — except for when they fail to leave the area, so in clause 5, “Arrest without warrant” — we’re missing a huge part of an opportunity to take dangerous things off the street, to identify missing people, to even keep tabs on the people that we’re speaking with to account for the interactions that we have with people.
Is there any discretion other than here in clause 5: “Arrest without warrant”? Are there any means for an officer, for example, under this legislation, to identify the person that they’re in a conversation with?
Hon. M. Farnworth: I appreciate the member’s question. I’d say this. It’s not intended to be a means to other ends. It’s a tool that was requested by police and local governments to be able to enable people to move along from an inappropriate location.
What we talked about earlier is how it’s not about forcing people back into the shadows. I think one of the things that’s important is that police can have that conversation with someone about any of the services, and in the course of that, be able to, you know, probably get an understanding of some of the things the individual is facing and maybe be able to direct them, whether it’s an overdose prevention site or other services that may be required. That’s really what this legislation is about.
E. Sturko: I thank the Solicitor General for the response.
A search that ends up finding something like bear spray or a machete or a baseball bat or a long knife or even a kitchen knife…. The safety search is not a means for going hunting or fishing or looking for those items. It’s just incidental.
But it’s actually been a very important part of public safety, being able to see, for example, a person who is using drugs or in possession of drugs in a very obvious way in public, being able to detain that person for investigation under the CDSA. Then, as a part of their detention, they are compelled to provide their name. Then we’ll know if they have warrants, for example; know if they’re missing; any kind of weaponry or tools that they may, for example, be on conditions not to possess.
We would be able to identify that right away and not because we were there looking for those items. But it’s an important part of the public safety picture. It’s a huge component of what people are feeling, especially, you know, when we look at what’s happening in downtown Vancouver with the shoplifting and people having a variety of weaponry.
One of the things that I can say as well, for myself, back when I was a police officer, there are many circumstances where it felt like the job of a social worker was being placed on police. Police are not social workers. They are law enforcement officers.
But if I was on the job today and I was being told to go into places with people who may be consuming drugs or may have complex mental health and addictions issues, particularly if they may be encountering someone who is in a drug-induced psychosis or has other mental health and behavioural health issues, I would not, probably, use this legislation.
I would always use the CDSA because that way I know I’m going to be safe, because it would allow me to detain that person for investigation under the CDSA with my reasonable grounds, because either someone’s reported drug use or I’ve seen it, and I would detain that person for investigation.
I’d identify them so that, in case they make a complaint against me later, I’d know who I was dealing with. In case they have a warrant, in case when I run their name, I find out that they have stabbed someone before.
We don’t want another Constable Yang from Burnaby. We need to have officers feeling comfortable and not that they are being told to, I would say…. It feels like to me, based on this, that even the idea that we wouldn’t identify a person police are interacting with, given the fact that even the presence of police officers can escalate behaviours, that we’re not even identifying these people and the police may not know if they’re dealing with a violent person when they come up to them, a person with serious mental health issues…. We could be placing police in danger.
What considerations, in terms of the importance and even the importance to public safety of using those discretionary tools where police identify a person as the right to do so under the Criminal Code, the right to search people for safety under the Criminal Code and to find out that information that could be important to both safety for the officer and the safety of the person…? We’re taking it into consideration in this legislation.
I don’t want my words to dissuade officers from trying to use that measured approach, but there are some serious safety concerns that I have going forward when we’re in a situation dealing with sometimes unpredictable behaviours associated to drug use.
That’s not a judgment of the person’s character but a reality of use of substances that have psychoactive properties and then sending in police officers to deal with those individuals without identifying them and without the immediate means to do a safety search.
Hon. M. Farnworth: I appreciate the question from the member. I’ll just make this comment and then a couple of observations.
First, this is provincial; it’s not criminal. But if the individual is asked…. Let’s say you were a police officer and you ask me to move and I move, then that’s what this legislation is about. That’s what police have asked for. That’s the tool that they’ve asked for.
If I were to tell you…. You asked me to move, and I said, “Pound sand; I’m not going,” then, all of a sudden, that’s different. You could say: “Hey, well, I’d like to see ID and who you are.” You could do a search if there was something that, to you, looked suspicious or what you thought might be. Police have a wide range of discretion in that area.
Also, in terms of going to a situation…. Again, police are going to make an assessment of the approach they’re going to take, and if they’re seeing somebody in psychotic behaviour or what-have-you…. You’re right. They’re not social workers, but there are now more…. Whether it’s the car programs or the peer-assisted care teams coming into place, police are able to call on to deal with a specific situation.
Just in terms of, like, a regular, ordinary…. If someone complies with the order, “Okay, you have to leave,” and they leave, that’s one thing. If they say, “Hey, I don’t care; pound sand,” or whatever, then police can use the other tools that they have available to them.
E. Sturko: Thank you for the response.
It’s just, to my mind, a missed opportunity. The legislation’s intent is to allow police a tool to move people on. But by the same token, there’s a lot of discussion that we’ve had this afternoon that’s been very good about the engagement. At what point, then, does that engagement take place? Because if the person just goes…. If you’re like, “Hey, get out of here….” Okay. I mean, there’s plenty of….
There’s a missed opportunity there. Just as I also feel…. Looking at this legislation and looking at, of course, the intent not to stigmatize people…. But I think, based on the street disorder, some of the issues that we’re seeing outside of parks….
I know this deals with parks. But we’re, to some degree, dealing with some of the same population who are using in places where families might go — outside of businesses, outside of different public locations — and then going on, when they need more drugs, to commit crimes, potentially with weapons, to go into London Drugs in downtown Vancouver and brandish a knife when they’re told not to steal.
To address that problem, as well, we need to allow police also to have those tools to take those weapons off the street, to engage with people. That is now missing. We’re not even engaging with that person. We’re not identifying that person.
If they’re calm and we say, “Get lost,” and they say, “Yeah, of course,” because they know they have a whole arsenal in their belongings, they’re probably more likely to go. Whereas if they know that they don’t have anything on them or whatever, they’re going to say whatever they’re going to say. Maybe that escalates to a new other…. Then they go to the Criminal Code or the CDSA or Offence Act or what have you.
Has there been consideration given to the opportunities that police…? We want to use their time wisely. We want to be dealing with risk. A lot of the individuals who are unhoused, living in situations where they might be in encampments, are also at risk of violence from other people. They’re vulnerable themselves. It’s a vulnerable population that’s vulnerable also from one another.
We’re missing an opportunity to potentially identify people with outstanding warrants, identify missing people, seize weapons. And then, using this engagement in places where there have been problems associated with drug use, to also help mitigate some of the issues with street disorder, shoplifting and other crimes that have taken place when people seek more illicit drugs and to fuel and fund their addictions. We’re missing that opportunity.
Has there been any consultation, or is there any other mechanism within this legislation that would help make up for that shortcoming? To me, it’s a significant shortcoming that we’re missing this opportunity, because that’s the way it goes sometimes.
You find the machete when you just go talk to somebody at the park who looks like they have a suspicious package with them. Or a person that’s not supposed to be lurking around after dark in a school playground, and when you detain that person for investigation, you find the Caramilk secret or whatever you find. We’re missing that opportunity.
What kind of consultation or engagement has been done with police, in particular, about the lack of these abilities to identify these people in the first instance?
Hon. M. Farnworth: There’s been considerable consultation with police on the legislation. I understand what the member is saying. That’s not something that has been raised with us. It comes down to what I talked about before, which is: if there are other things happening, then please have those tools and powers available to them. This is a specific tool that they asked for, to be able to move people along.
One of the things that we don’t want to do, because there have been changes in terms of procedures, is to incentivize street checks. I mean, we can’t automatically assume that just because someone is using drugs that they are…. It’s that stigma issue that we have had the conversation about. This is very much dealing with public concern, raised at the community level, working with police to come up with the appropriate legislative response, which involved considerable consultation. That’s the approach that has been taken.
E. Sturko: First off, just to address the whole notion of increasing street checks. Street checks are something that the majority of police have not…. They don’t do street checks. It’s against policy to just street-check.
The entire premise of making a detention of someone is because they are already contravening the law. For example, because the CDSA still stands in those areas where they’re no longer exempt from use, they’re already committing the crime of possession, even if you’re just smoking or whatever. I mean, that wouldn’t be a street check. It would be their lawful authority to detain that person for investigation.
I still have some concerns for safety, but also…. Too often, I think, even in public safety, we’re looking at things in such a siloed way and not that every single person…. Actually, the majority of people that use drugs are not involved in crime — living in suburban homes, using drugs alone.
But we do have a small sort of subsection of people who have fallen on really awful times. They’re resorting to criminal activity to support their addiction and just to steal things so that they don’t suffer, because when they don’t use, when they’re not getting high, they’re just really suffering. It’s the many people from that similar group who have often been involved some of the other problematic areas, like the theft, vandalism, defecation — many of the things that I also heard about at UBCM.
One of things that has been, I think, a big source of frustration for police is that it’s not just the small towns that don’t have places to send people. Many of the people, talking from my own personal experience, who are on the street are already banned from all shelters for violent behaviour or predatory drug dealing, different types of behaviour-related issues.
Services like…. For example, in my home community, in Peace Arch Hospital, the overdose prevention site is only open five days a week, and it closes at, like, 5 p.m. They only have access to the spectrometer one day a week.
So the frustration for police being, honestly…. We’re now not detaining people for investigation to make sure that everything is safe. We’re not identifying people so that we can carry out the administration of justice, to find out if they have warrants. We’re not going to be as easily locating, potentially, a very vulnerable population of missing people.
I guess my question is, in terms of the…. Even with the clause 5, when we’re talking about the procedures for arrests…. Is there any programming that will be built up, along with this new legislation, so that police, actually, really do have a place or a program to put people in? You arrest someone, and there actually is a place to drop them off or a place to go? Even in a big city like Surrey, there are people that literally have no place to go.
Hon. M. Farnworth: I thank the member for the question. I appreciate what she’s saying.
I’ll just keep coming back to it, because it is important. The legislation was not arbitrarily developed. It was developed in consultation, with police very much involved. This is what they were asking for. They have all kinds of other tools as well, but this was specific to deal with the situation that communities are finding themselves in.
The member is right to raise that issue of services. That’s what we have been working on. That’s what the $1 billion…. That’s going from two to 46 and, then, what will be more, which Mental Health and Addictions is working on, in terms of those places to take people — in particular, those very complex cases. It is generally a small group of individuals, often known to police in their local communities, even in big communities.
I mean, that’s outside the scope of this legislation. But that’s very much…. Maybe the simplistic — well, not simplistic, but…. The approach, in terms that it’s often talked about in public, is that four pillars. The four pillars includes enforcement. It includes treatment. It includes housing. It includes all of those things that are required and that people need.
As much as there’s this legislation, all that other work is ongoing, and it’s going to continue to be ongoing to get to where, I think, we all recognize we need to be.
E. Sturko: Thank you for the response from the Solicitor General. Actually, it just made me think of some interesting things here.
Police can arrest without warrant if the person doesn’t move on. When we were first in the second reading of this bill, it got me thinking about decriminalization here in B.C. The minister just mentioned the four pillars.
One of the issues that I think exists…. It’s not just this legislation. This is where I mean that we’re very siloed. We’re dealing with things one thing at a time, one bill, one piece of legislation, one announcement after the other.
The reality is that decriminalization in other countries, where it has been successful…. It’s still unlawful to do drugs in public. In Portugal, it’s not lawful to do drugs in public. You don’t get a criminal charge, though. You get an administrative penalty, which compels you to go to dissuasion court. And then from dissuasion court, there are different options. In the dissuasion court…. There are people like addiction specialists on it, a lawyer — different types of people that can help the person to be directed to services and also compelled to services.
People in Uruguay and Portugal and some of the other countries that are actually cited by this province as the examples of where decriminalization was successful also have involuntary care. They also have penalties for individuals who commit crimes who are under the influence of drugs. That person can be sentenced to a form of treatment that’s compelled.
When I think about those types of things that have made other countries…. Even Switzerland has something. I’m really interested in that model, how Switzerland has decriminalized heroin. They had all those needles in Needle Park, and then they created a situation where almost like…. Every place where they had individuals who were using heroin, they created legal consumption rooms where people could get needles and do heroin. They have a very robust pharmaceutical alternatives program. They prescribe a ton of methadone there. It’s their most prescribed form of medication for people that use heroin. They also use a nasal heroin program.
One of the things that happened, incidentally, is that cocaine trafficking went way up. It’s still illegal, and they still pursue charges for that. But I guess my point is that in places where it has worked, they actually still have really strict guidelines. Even in Switzerland, you can’t just go and do heroin wherever you want. The whole point was that they didn’t want people using heroin.
The national embarrassment for them in the ’90s was Needle Park. It was a beautiful park that was completely covered in needles. There was the AIDS epidemic that they had and all kinds of diseases that were being transmitted through shared needles.
So they created a system where, yes, they decriminalized, and they supported people to say: “You know what? We understand that we’re not going to be able to get rid of all the heroin. So what we’ll do is we’ll prescribe pharmaceutical alternatives like the nasal heroin, give people methadone. We’ll create spaces where people can legally do drugs out of the public view, in safe places.” But you still can’t do heroin wherever you want. There are still penalties, but instead of a criminal penalty, it’s administrative.
We actually saw a similar thing happen here. You’ll probably remember this. We saw a similar thing happen with impaired driving in British Columbia, where, under certain circumstances, instead of getting a criminal code charge for impaired driving, what do you get? IRP. You get dealt with through an administrative process, recognizing the fact that, first of all, court is clogged up, which is probably the biggest reason they did that. The courts didn’t have enough room to charge all the drunk drivers here in B.C.
But it also gives people that opportunity. Maybe they made a mistake, and maybe they…. As long as you didn’t hurt anyone, as long as you weren’t grossly intoxicated — there are a few other caveats to it — you can receive administrative penalties, which is precisely what Portugal does and what many of the other….
Actually, I think it was all of them. I got the research team to look at all the ones that are cited on the government of B.C.’s website. All those other ones that are…. It says: “Decriminalization can be successful. Look at these countries.” Well, they all have administrative penalties, and it’s not legal to go there and do drugs wherever you want.
I was so hopeful, honestly. I was like: “Oh cool, some legislation is coming.” Very hopeful, actually, that our legislation could actually have a form of regulatory process that could compel someone, for example, to go to a dissuasion centre, where they have to do a meeting with someone who is trained.
Not a cop. I mean, cops are great. Don’t get me wrong. But I mean an actual trained addictions counsellor — cool person, nice — with services, with food, with things to actually offer people to go there and to get intake into something really great where we could have a jumping-off point for someone to get help and get pharmaceutical alternatives to illicit drugs.
Everyone is talking about…. The Leader of the Third Party talked about the Select Standing Committee on Health. There was an agreement from all parties that medically supervised pharmaceutical alternatives or safe supply was a way that people wanted to go. But to be successful, we need a way to convert those who are using absolutely deadly drugs on the street to getting them to pharmaceutical alternatives that are legal, medically supervised and safer, and opportunities to then receive one-on-one counselling with someone who can actually assist them in situations where, as a result of their addiction and other circumstances, they may need that extra help.
We don’t have any way to get people there. I can tell you from experience dealing with people, even people I’ve revived from overdose, the first thing they want to do is use drugs again. I honestly have given this example where I’ve revived a person who…. It was their second time being revived in just a number of hours. I thought they might die. They woke up from two shots of Narcan and a lot of vigorous sternum rubbing, and the first thing they said is: “Where are my drugs? Did you take them?” I said: “No, I don’t take them.” Their first compulsion was to use again, even though they just about died right there in my arms, basically.
I think to myself, if I choked on a carrot and then you saved me, my first thought is probably not: “I would love another carrot.” It’s probably like, “I’m not going to eat carrots for a while,” because I’m scared for my life. But this is the power of the addiction that’s over the people that we’re supposed to help.
I’m not asking questions and being a hard-ass because I want this to fail. I’m asking questions and bringing up points about safety and about services because I want it to succeed. I wish that we would be able to compel people to get them into St. Paul’s. You get a ticket, you must go to St. Paul’s, and we will get you an appointment with the new program you guys launched. Awesome. That’d be so great. Get them on a pharmaceutical alternative, so that they don’t have to rob London Drugs in downtown Vancouver and they don’t have to die from a fentanyl overdose.
I know we’re going to get back to 3 and 4. We can chat about it more. When I see the arrests without warrant, it’s like: “Ah, dang.” I wish we could, instead of getting to that place where we’re arresting people even…. Instead this legislation has an amendment in it that maybe you can go home and think on it. Maybe we can write something where…. There’s actually an administrative potential here that we can unlock where we’re not giving people fines.
Because if they get arrested under the Offence Act, they can get $2,000 fine, six months in jail. Nobody’s getting six months in jail in B.C. Nobody who lives on the street and uses drugs in the park has $2,000. They need help, but they don’t make good choices. Not because they’re not good people and not because they don’t have some capacity to care for themselves, but because their addiction is stealing, literally robbing them of that ability. Because the pain they are feeling and the level of suffering that people who are feeling withdrawal feel is like a monster is constantly behind them, making the decision for them.
I would love instead of getting to even the arrest without warrant…. Hey, guess what? Already, in this legislation, we go to people. We meet them in the park where they’re at or are using drugs in the public place. We compel them to go to an intake. They have to go there within a certain number of days, or they can get taken there or guided there or compelled to go there in some way or incentivized to go there.
Show up, and also, you get some $25 gift certificate or some food, or there’s something to incentivize you to go. Not always punishment, but the carrot. The carrot to go. Not just the wellness but something. We could actually use this type of legislation to really help people. You could. I mean, when I see this arrest part….
Of course, I was just a second ago being a hard-ass about arresting people and finding all their weapons and stuff. But when we’re dealing with the crisis that we have and looking at the examples around the world that this government cites, regulatory penalties, ways of compelling the individual are what have made those other places successful. It’s in recognizing that it is a medical issue and that we need to move people on to medical alternatives. It does not help the person when we do not guide them or compel them towards pharmaceutical alternatives.
I think I had a question in here somewhere. It’s been 15 minutes. Has there been any consideration, I’ll just say, or is there potential for consideration to include an ability for a regulatory process to bring people into the care that they need?
The Chair: Just a reminder to all the hon. members in here to please use parliamentary language. Thank you.
Hon. M. Farnworth: I appreciate the comments from the member. We could probably have a very long discussion on this.
I’ll make these points. This legislation really is to deal with a specific situation that’s been raised by local communities and policing. On the issue that the member talks about, whether mandatory treatment or administrative penalty, administrative approach, then to get into treatment, I think where we are right now is making sure that we are able to build the services to….
Everything we hear from the health experts is that if people are ready to get treatment, that’s the best time. That’s the most effective way to get treatment — when someone says: “I need help” or “I need to get that treatment. I need help.” I think the approach right now is to build out those services so that can happen. Is it where it needs to be? No, it’s not where it needs to be. But we need to get it to that place.
The issue of what’s happening…. I know they’re cited in…. Portugal and Uruguay — those are important, and those are relied on in terms of helping to develop some of the approaches that we’ve taken. But what’s also important is that you can’t just take… You know, this is what Portugal does, so automatically saying that that approach works here.
There are aspects that work here. There are aspects that won’t work here. There are different demographics. There are different cultural issues. There are different drug issues. Portugal does not have the level of fentanyl contamination that we have here. They have a very different cultural demographic than we have here. That being said, that’s not to take away from what they’ve done but rather to look at what they’ve done and can work here.
The same in other jurisdictions. Looking down to our neighbours south of the border, Oregon has done the administrative penalty approach. They’re finding that that’s not effective. Does that mean that we shouldn’t look at different and alternative ways of doing things? Absolutely not. It comes back to the work done in the committee. It comes back to the combination of policy. It comes back to having the public supporting what we’re doing.
I bring that back to this legislation before us. It was developed in consultation with police to be able to deal with the challenges that they’re facing with local government.
You’re right in terms of…. We want to make sure that we’re not operating in silos. That’s part and parcel why my ministry, Health, and Mental Health and Addictions meet on a biweekly basis. That’s why the investments are being made in mental health.
I’m sort of going down my own kind of path here.
An effective treatment option, or centre, is the Red Fish Healing Centre, which is very close to my constituency office. That’s something that I think we would like to see expanded across to different parts of the province, that is able to deal with those very complex cases that are often challenging to be able to deal with.
I want to say, recognizing where we are in terms of coming close in terms of time, that I hear what you’re saying. There’s a lot of work that’s already underway. There’s a lot of work that’s got to be done. This legislation is just one part of that.
E. Sturko: Thank you for that response. I just want to clarify….
Not every administrative penalty has to lead to, for example, involuntary care. It doesn’t have to. I would say, too, that in Oregon, the administrative penalty that led to…. People would have to phone a phone number. Difficult to comply with if you don’t have a phone, potentially, or minutes or a phone card or access to do that.
I hope that in the deliberations and consideration about ongoing, different types of procedures or, perhaps, administrative processes that we can use to help people…. For example, just get them in the door of some place where then they could be offered a prescribed alternative.
The Solicitor General is correct that not Switzerland, not Portugal, nowhere in Europe has a fentanyl problem like we have. It’s difficult because you can’t really…. It’s difficult to compare. We do need to make some changes that make programming unique.
Then by the same token, the government should not cite the success of other decriminalization programs in other jurisdictions around the world that don’t have the same problem that we have and are doing…. A lot of things here that just…. I think people, depending on what your belief system is…. Some people do believe in involuntary care. Some people are absolutely against involuntary care. Some people are all for compelled services. Others are against compelled services.
We cannot, as a province, tell people that decriminalization is going to work and solve our problem, telling them that we’re going to achieve the same pie when we’re not using the same recipe. These other jurisdictions have…. They’re willing to do things that it does not seem we’re willing to do.
I would think that in terms of the need and the deadliness of illicit drugs on the street…. The presence of benzodiazepines and the xylazine that’s chewing through people’s flesh is, I think, really what makes it even more important to have some type of ability to at least compel people to a meeting. They’re free to leave after the meeting, but get them in the door where they could be offered a prescribed alternative.
There’s an issue with rolling out safe supply in the province or prescribed alternatives under medical supervision. We need to get more people off fentanyl, street drugs and get them onto prescribed alternatives.
Is there a possibility that this type of administrative process could be added to? Is this something that could be into consideration going forward, depending on, I guess, the outcomes?
Hon. M. Farnworth: I appreciate the comments from the member. I’d say, look, nothing is ever static. We want to pass the legislation, see how it rolls out and how it works. The approach in terms of treatment, I would say, is constantly evolving as we learn new things and get new information. But this right now is dealing with specific concerns raised at the local level.
S. Furstenau: Lots of conversation going on. I think, from my point of view, it’s social determinants of health. We’ve seen data-backed evidence around communities that have adopted a housing-first model. The costs are actually lower for those communities than the cost of people being homeless.
Since this legislation is going to largely impact people who are homeless, people who, as the member for Surrey South pointed out, are not using their drugs in their own homes, I think it’s really important for us to take into consideration the cost of not adopting a housing-first model.
My question for the Solicitor General is: has a cost analysis been conducted to compare the cost on the justice system, law enforcement, detention, courts…? I’d add to that the health care system. Even just a cost analysis to compare the costs on the justice system for this new legislation versus the cost of housing people who are homeless? Which would be less expensive to B.C. taxpayers?
If this information isn’t available, how was this decision made without it?
Hon. M. Farnworth: I appreciate the member’s question. Obviously, social determinants of health are crucial in a whole range of issues and in particular in this issue. What I can tell the member is that there’s not any sort of anticipated increase in costs because of this legislation. It’s very much about a conversation. It’s not about filling the justice system with individuals.
The Chair: We’re going to just do this as the last question for today before we adjourn.
S. Furstenau: Specific to this clause: “A police officer may arrest, without a warrant, a person who the police officer believes on reasonable grounds is committing an offence under section 8.” To suggest that this wouldn’t have any additional cost of policing seems a little problematic.
Again, the concern that the minister has identified throughout the discussion today has been the concern with visible drug use in public places and the connection of that to the unhoused population in our communities. It’s hard to get a figure for all of B.C. It seems to be between 10,000 and 20,000 people. If by chance the minister could have that figure, that would be really helpful.
This legislation appears to me to be legislation that is dealing with a symptom of a much deeper problem, and that’s that we are not meeting those social determinants of health for thousands upon thousands upon thousands of people. Now we are turning to an enforcement mechanism, as opposed to solving a fundamental, basic need and right for people to have a place to live — ideally even starting with a secure place to sleep.
It’s concerning that there isn’t any kind of consideration of that cost analysis that’s gone into this legislation when it is very much legislation that is focused on the unhoused population.
I guess my follow-up question to the minister would be: how would it be that there would be no anticipated increase to costs with this legislation and, specifically, this clause?
Hon. M. Farnworth: I appreciate the question from the member, and I’ll just make this comment. Public drug use has been with us for a very long time. It’s not an either-or proposition in terms of is this going to result in increased costs. It’s not going to result…. This isn’t about arresting people and clogging up the justice system. It is a provincial offence provision. That’s all. The investments in terms of housing are going to continue. The investments in terms of services are going to continue.
With that, I move the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:11 p.m.
PROCEEDINGS IN THE
BIRCH ROOM
Committee of the Whole House
BILL 31 — EMERGENCY AND DISASTER
MANAGEMENT ACT
(continued)
The House in Committee of the Whole (Section C) on Bill 31; F. Donnelly in the chair.
The committee met at 2:38 p.m.
On clause 55 (continued).
The Chair: Good afternoon, Members. I call Committee of the Whole, Bill 31, Emergency and Disaster Management Act, to order.
M. Lee: I wanted to come back to our discussion. As we were going through — in the case of the requirement that a local authority must consult and cooperate with each Indigenous governing body — I believe I had asked the minister the question. I don’t think she had the opportunity to reply, but I think this is where we left off.
If an Indigenous governing body chooses not to be involved — that is, to cooperate with that discussion — what happens then?
Hon. B. Ma: The member is correct that there is not a requirement for Indigenous governing bodies to participate in the act. That said, we know that First Nations are eager to exercise their inherent rights and abilities as equal partners in emergency management.
We believe that good-faith attempts to consult and cooperate will yield the development of good relationships as well, but if an Indigenous governing body were to choose not to cooperate with the local authority, the local authority would not necessarily be considered in non-compliance with the act, as they would have taken the action of consulting and cooperating.
If the local authority, in good faith, does attempt to consult and cooperate and don’t receive any feedback from the Indigenous governing body, then they don’t have feedback to consider in accordance with subsection 55(1)(b)(i). That said, the local authority would still need to consider the rights of Indigenous peoples as per subsection 55(1)(b)(ii).
“Little-two” — is that how you refer to it? I usually say “i-i.”
They’ll incorporate, into the risk assessment or emergency management plan, any Indigenous knowledge, if available, and do their level best to complete the consultation and cooperation requirements of this act.
M. Lee: Certainly, in my years in law, I always refer to two “i’s” as “little two.” So the minister is correct, certainly, at least from my viewpoint.
The risk assessment and emergency management plan. I appreciate that we’ve spent a considerable amount of time using local authorities as examples. When we talk about the lead minister or the public sector agency, we could easily talk, of course, as the member for Cariboo-Chilcotin has also explored with the minister, of the critical infrastructure owner.
Whether it’s the local authority or the critical infrastructure owner, they have a limited amount of resources to go through what is, as we are exploring here at committee stage, a complex matrix of regulatory requirements for the legislative Bill 31 that’s presented — even before the regulations that are to come.
I think it’s important that we spend the time, as we have been, walking through what is expected of a local authority or a critical infrastructure owner, because they must do this, as the minister just expressed: consult and cooperate with “(i) each Indigenous governing body that acts on behalf of Indigenous peoples…in an area that may be affected by a hazard that is required to be included in the risk assessment, or (B) an area to which the emergency management plan applies.” That is what is set out, of course, in subsection 55(1)(a)(i).
Just to reiterate and break this down a little more, the minister can reconfirm that a risk assessment and emergency plan can be structured, presented and prepared without the input of an Indigenous governing body that’s representing Indigenous peoples whose territory, traditional, treaty or otherwise, is affected by a potential hazard.
For a risk assessment or emergency plan to meet the requirements under 55, the local authority and critical infrastructure owner needs to make the attempt to consult and cooperate, but if that cooperation and response is not reciprocated, the local authority can still meet their requirements and obligations under section 55 without that due consultation and cooperation from an Indigenous governing body.
I just want the minister to confirm that.
Hon. B. Ma: The simple answer to the member’s question is yes, provided the local authorities made reasonable efforts to consult and cooperate with Indigenous governing bodies under section 55 and that they continue to incorporate Indigenous knowledge if available and consider the rights of Indigenous peoples on whose behalf the Indigenous governing body acts on. It is technically correct, provided they have attempted those, that they would not be in non-compliance with the act.
That being said, I would say that, certainly, we would encourage local authorities who were having difficulties with their relationships with local Indigenous governing bodies and access and difficulties with communication there that they should reach out to EMCR. We would do our utmost to try to facilitate development of that relationship, which we believe is incredibly important in the context of emergency management and incredibly important to ensure that emergency management response is well coordinated.
The last piece I will add is that there is a bit of a backstop that is built into the legislation. I’ll reference subsection 41(3), which is, effectively, that if a local authority were unsuccessful in reaching agreement respecting areas to be described in their plans for the purposes of section 120, the province still has an obligation to attempt to reach that agreement. If the local authority did not reach agreement, the province would attempt to reach that agreement. When agreement was reached, it could also serve as agreement for the local authority as well. There is a bit of a backstop built into the act in that way.
M. Lee: Just before…. I think it’s good to understand the so-called backstop that the minister referred to under subsection 41(3), but in the minister’s response, I want to clarify…. The minister used the words “reasonable efforts.” I do not see that qualifying language in 55(1)(a), which is where we’re focusing on the requirement that local authorities have to consult and cooperate.
I see reasonable efforts used in this provision in sub (e) when it comes to reaching an agreement, respecting an area for the purposes of section 120, which does refer to another page and a half of consultation and cooperation provisions to deal with specific actions. But can the minister clarify where she’s reading in “reasonable efforts” to qualify the requirement on local authorities to ensure consultation and cooperation with Indigenous governing bodies?
Hon. B. Ma: The member is correct. The phrase “reasonable efforts” does not show up in subsection 55(1)(a). Those are my words in response to the example that he was giving to describe what good-faith actions and a good-faith attempt to consult and cooperate might look like.
That being said, we do expect to provide, in our guidance documents, which are being developed for this, guidelines or guidance for local authorities on how they can achieve their obligations under this act and under this section.
It is important to note that a local authority cannot, I guess, absolve themselves of the obligation to consult and cooperate simply by sending a single email and then saying: “Well, we didn’t get a response, and now we give up.” I mean, there does need to be a good-faith, honest attempt to share information, to reach out and to develop relationships in order for the important work of making First Nations equal partners in emergency management work.
M. Lee: I appreciate the minister’s response and how the minister is sharing what is likely going to shape the guidance that’s going to be provided to local authorities. That does invite the question I was going to ask further.
When we talk about consult and cooperate in the lead-in to 55 sub (a)…. What standard is the ministry expecting from local authorities when it comes to consultation? Is it the standard that one would find, of course, in the seminal decision in Haida?
Hon. B. Ma: Not necessarily. I would say that the requirements or the standard would be context specific. Certainly, this is a specific legislated obligation; the legislation itself sets out what is required. For instance, it notes:
“(b) consider (i) any comments received from the Nisga’a Nation, a treaty first nation or an Indigenous governing body…”; consider “(ii) the rights of the Indigenous peoples on whose behalf the Nisga’a Nation, treaty first nation or Indigenous governing body referred to in subparagraph (i) acts;
“(c) incorporate into the risk assessment or emergency management plan Indigenous knowledge, if available;
“(d) in the case of an emergency management plan, coordinate the plan with the plans, if any, of the Nisga’a Nation or a treaty first nation or an Indigenous governing body consulted in accordance with” the previous paragraph “to ensure that the plans can be implemented, and emergency measures taken under them, in an integrated manner.”
It is very context specific, but we also lay out, in section 55, what the expectations are.
M. Lee: That's a helpful clarification from the minister. It explains, of course, why these sections relating to consultation and cooperation, including section 41…. The minister mentioned section 55, section 90, section 120 of the bill, all dealing with consultation and cooperation with First Nations — or engagement, in the case of section 90 to come — are spelled out in a certain manner.
I think it’s an important context to understand, with the relationship with First Nations. When government is passing legislation, we have a clear understanding as to what the legislation means in the context of the relationship and partnership with First Nations in our province.
As we saw recently with the Gitxaała and Ehattesaht challenge to the Mineral Tenure Act, based on specific provisions of DRIPA…. The government took the view that DRIPA is illustrative and that it is forward-looking. That is now under appeal. At least, the Gitxaała Nation has filed a notice of appeal.
When we’re talking about consultation here, in this bill, keeping in mind the example I just gave…. This is why, at committee stage, it’s important to have a clear understanding from government on the record. Even when we went through DRIPA, over five days of committee review, until…. There were concerns expressed, let’s say, about the length of the review we were taking. It’s important to understand from the beginning so that there are not further misunderstandings, as we continue to see, even in the Mineral Tenure Act, how DRIPA applies to the Mineral Tenure Act.
Here, when we’re talking about consultation and cooperation…. The minister has said now, on the record, that it is not the duty to consult level of standard as expressed in the 2004 Haida Supreme Court of Canada decision.
I just want the minister to be clear on the point that First Nations or Indigenous governing bodies, as they’re looking for the level of consultation and cooperation, as layered through this Bill 31…. The requirement is not on local authorities and critical infrastructure owners, for example, alongside of lead ministers and public sector agencies, to have the level of standard of consultation with First Nations, Indigenous governing bodies, as referred to here, and the level that’s contemplated under Haida.
The level, actually, is prescriptive and is spelled out in the legislation itself. Whatever the courts have decided around consultation and — we didn’t get to this yet — accommodation, the standard is what is explicitly set out in the bill itself and not what could be viewed as the higher standards set out in Haida.
To the minister, can I just ask her to confirm my understanding is correct?
Hon. B. Ma: To be clear, the Haida case law does not necessarily have direct application to the EDMA, but it does not mean that the case law doesn’t offer useful guidance on how consultation and cooperation can be achieved. However [audio interrupted] applying the Haida case to this requirement of the EDMA under section 55. The EDMA sets out that consultation and cooperation must include the actions set out in sub 55(1)(b), (c), (d) and (e).
However, it’s also worth noting that the purpose of the legislation is to achieve good risk assessments and emergency management plans that take into account the realities of the shared management space that is emergency management.
We also do need to acknowledge that every nation will be different in how they participate in consultation and cooperation in the emergency management context based on their own experiences, particularly through recent years. So we will be developing guidance documents to support local authorities in navigating their consultation and cooperation obligations under this act.
M. Lee: Just while we’re clarifying the likely framework of the guidance, can I ask if the minister and the team at the ministry see, as well, that there are any specific requirements under DRIPA that would apply here, in terms of how consultation and cooperation should be met or conducted?
Hon. B. Ma: The consultation and cooperation requirement was included to help achieve alignment of the EDMA with the Declaration Act, in general.
But if the member has any clauses under the Declaration Act that he wanted to explore further, we’d be happy to do so, in the context of this legislation, of course.
M. Lee: I can ask the question this way. Does the minister agree with the government’s position, which was effectively tabled in the Gitxaała Ehattesaht challenge to the Mineral Tenure Act, that DRIPA is for illustrative purposes only and is not, as the court found, providing for any specific, separate legal right that can be authorized by the court?
Hon. B. Ma: I believe that the litigation the member is referring to is still active and will be put before the court, so it’s not something that I can comment on here. But we would be happy to take another question on section 55 of the EDMA if the member has any.
M. Lee: Is it expected by the minister that when the guidance is formulated for the purpose of guiding local authorities as to how they need to consult and cooperate with Indigenous governing bodies under Bill 31, specific provisions or articles of DRIPA will form part of that guidance?
Hon. B. Ma: The guidance document will provide advice to regulated entities on the implementation of consultation and cooperation obligations under the EDMA. It’s really more of an operational document for practitioners rather than a legal or academic text.
Hopefully, that provides some clarification on what the guidance document will look like.
M. Lee: I think it demonstrates, the minister’s responses, that it’s unclear what the guidance is going to look like, in terms of the obligations that were set out under DRIPA.
I would suggest to you, Mr. Chair, that in the circumstances we find ourselves for the last 18 months, under Mineral Tenure Act review under the DRIPA action plan…. The next 18 months are contemplated by that court decision. It’s just, by way of example, when we’re talking about land-based considerations for First Nations in this province, that there’s a real lack of clarity here.
The fact that the minister is not prepared to answer questions relating to how DRIPA may apply or not apply to this bill and the test around consultation and cooperation and what is required of a local authority or critical infrastructure owner is clearly very concerning, because it results in a situation where, with First Nations in our province, we may find ourselves again in the courts.
We need to be clear. This government needs to be clear when we’re talking about legislation that affects the relationship that we have with First Nations — the expectations that were set under DRIPA. When they’re not clear, we end up in the courts. The government’s position was very clear in 2019 when DRIPA was passed, yet in the dealings with First Nations, in the relationship with First Nations, government has been less and less clear. That’s why we end up in the courts.
I will note my concern about these consultation and cooperation provisions. We’ve talked about section 41, section 55. We can talk about section 90, to come, and section 120.
When we go to section 120, because it is referred to in this sub-subclause, 55(1)(e), it does make the reference to reasonable efforts. So here we do have the term “reasonable efforts” to qualify what is required by a local authority to reach agreement “respecting areas described in the plan for the purposes of section 120…with each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes an area that is within the jurisdiction of the local authority.”
That’s for the purpose of section 120, which is a cross-reference to another two pages and a half of legislative provisions around consultation, engagement and cooperation with Indigenous peoples.
So we have clause 55, which now refers us to clause 120. We have what the minister has referred to as operational guidance that is to come to local authorities.
I’m very challenged. I don’t know how government explains any of this to a First Nation or a local authority as to what is happening here. What is the expectation on consultation and cooperation? That guidance, that detail is not here.
The minister does refer to specific provisions that talk about comments received and what happens when you receive a comment and what’s supposed to happen with a comment. You’re supposed to consider it.
Haida doesn’t go to that level. Well, you can just receive the comment. You can just consider it. Doesn’t matter from there.
I would suggest to the minister that that’s not the kind of expectation and standard that is set in Haida. I think we need to be clear with First Nations as to what the level is. There is a real lack of clarity here.
When we talk about reasonable efforts, again, to be exercised by the local authority, the local authority needs to make reasonable efforts. In the context of this provision and section 120 to come, which…. Again, for the construction of this bill, we have this bill which is very complex in nature referring to other provisions inside an already complex provision in clause 55.
With respect to the members who are sitting around this committee table, I am only engaged in a discussion around the technical nature of this bill. If there are members at this committee table who find this tedious, the fact of the matter is that when you’re talking about emergency management and risk assessment, we need to be clear because it needs to work.
I question how workable this is with First Nations. That’s my concern. So the minister needs to answer these questions, and they haven’t been wholly satisfactory to date.
Let me ask: what is the test here about reasonable efforts? How will the ministry determine whether a local authority has made reasonable efforts to reach an agreement with respect to a specific action contemplated under section 120?
Hon. B. Ma: I appreciate the member’s feedback about being dissatisfied with my answers, and perhaps part of the challenge is that I’m not understanding the member’s questions clearly enough. For instance, the member referred to the application of the Declaration Act to the EDMA. I had explained that the EDMA includes consultation and cooperation provisions in order to align the legislation to the Declaration Act and that the guidance documents would provide some operational guidance to local authorities as to how to navigate their obligations there.
The member then asked how clauses of the Declaration Act would be incorporated into the guidance document. But the Declaration Act is not a prescriptive or operational document. So it’s possible that I’m simply not understanding the member’s question. I had responded in that way, that the guidance document would be much more operational rather than, I guess, more legal or academic.
So perhaps if there are clauses in the Declaration Act that the member is thinking should be incorporated into the guidance document, I’d be happy to receive that specific feedback, and maybe it would help my understanding of where the question is intended to go.
The latter part of the member’s last question was about the test about reasonable efforts. So I would say reasonable efforts is very context-specific. It’s not specifically defined in the EDMA, so it does carry its ordinary meaning.
In terms of efforts to reach agreement with nations, I mean, certainly, nations would have to talk with and work with local governments about what taking reasonable efforts to reach agreement looks like for them. I would say that so long as there is open dialogue and communication, there’s an ongoing effort to attempt to reach that agreement.
M. Lee: The minister wants clarity on my question with respect to DRIPA. The minister, on the first day of committee, made reference to specific articles of DRIPA. I would suggest to the minister and her team around her, that in looking at what specific provisions…. The minister has answered this question on the first day of committee, when asked the question: which provisions of DRIPA, in particular, is Bill 31 speaking to?
That, for example, as the minister has also incorporated in some of her responses, relates to article 3. “Indigenous peoples have the right to self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development.”
Article 4 relates to Indigenous peoples, in exercising the right to self-determination of the right to autonomy or self-governing matters relating to internal and local affairs, as well as a way and means for financing their autonomous functions.
There are two examples of specific articles in DRIPA, which my recollection is the minister would have cited at the outset of this bill review. All I’m asking is confirmation from the minister as to whether or not the specific articles of UNDRIP attached to DRIPA, the Declaration on the Rights of Indigenous Peoples Act, will be forming any basis for the guidance that is to come — again, guidance that we don’t have here.
Again, the minister has said that the duty to consult and cooperate is not at the level of the duty to consult and accommodate under the Haida decision. It’s spelled out in the act. That just leads to the question: what else…? If it’s not spelled out in the act, what else will come in the guidance?
Again, does the minister agree with the government’s position, and I’m asking for confirmation, that this continues to be the approach of this government that DRIPA and the articles of DRIPA are illustrative only? That’s what the Minister of Indigenous Relations and Reconciliation, the former minister, said back in 2019.
I’m asking the minister again. Does she agree that DRIPA continues and the articles of DRIPA continue to be illustrative only, and will any articles of DRIPA, the UN declaration on the rights of Indigenous peoples, form any specific references within the guidance to come?
Hon. B. Ma: I appreciate the member providing a bit more clarity as to where he was headed with the questions and the articles that he’s referring to.
It is the case that in the beginning of earlier stages of committee stage, I had cited several articles under the Declaration Act and the UN declaration on the rights of Indigenous peoples that informed the development of the EDMA in order to bring our emergency management approach in British Columbia in alignment with the Declaration Act.
The member’s question is around guidance documents though. Guidance documents are very operational. They provide guidance to local governments as to how they actually achieve their consultation and cooperation requirements.
We have the UN declaration on the rights of Indigenous peoples that has informed the development of the Declaration on the Rights of Indigenous Peoples Act that was passed here in British Columbia. That has informed the development of the EDMA in order for us to bring our emergency management approach into alignment.
The member, also, in observing the way that section 55 was written, rightly noted that it does not provide operational guidance that might be needed and required — what it actually means to achieve the consultation and cooperation requirements as they’re actually implementing it. So the guidance document provides some implementation guidance from it.
It all flows…. The guidance document flows from the EDMA, which flows from our obligations under the Declaration Act, which is informed by the UN declaration on the rights of Indigenous peoples.
If the member’s recommendation is that we cite specific articles in our guidance document in order to draw regulated entities’ attention to the fundamental purpose of the work that they’re doing under that guidance document, I think that’s good feedback. We’re happy to take that back.
M. Lee: The response of the minister, up until the last reference to inclusion of specific articles of UNDRIP in the guidance, is, I think, demonstrating that this minister and government have a somewhat consistent understanding as to their position in respect of DRIPA and the application to legislation, including legislation they are tabling in this House, going forward.
To be clear, I have been asking questions about the government’s approach and position. I’m not in a position to make recommendations to government as to how they should set out in the guidelines because I’m not involved with the ministry that is responsible for this bill. All I’m asking for is clarity on the government’s approach and position. By no means do I want the minister to take anything I’m saying in my questions to be suggestions or recommendations.
Having said all that, I wanted to just turn now to subclause 55(2). The minister did make reference, by way of example, to subclause 41(3) as a backstop — those were the minister’s words — in terms of emergency management plans. Here, in sub 41(3), it makes reference to the provincial administrator who enters into an agreement with an Indigenous governing body — that that would be provided to the local authority with the description of the area that that agreement is specified and pertains to.
The equivalent provision in sub 55(2) is not the same provision, I would observe. It refers to the local authority. If the local authority enters into an agreement, then the local authority provides it to the provincial administrator. It’s the mirror image, let’s say, of what’s set out in sub 41(3).
When the minister suggests that sub 41(3) is a backstop, it is only pertaining, on my quick read, to an emergency management plan, and not to risk assessments. So part one of this question is: is there a backstop for risk assessments under clause 55, in the same way that the minister is suggesting sub 41(3) is a backstop for risk assessments?
Secondly, why is the provision in subclause 55(2) written this way? Is it intended to be…? There is no backstop there. There is no provincial administrator intervention, let’s say, because they have an agreement with an Indigenous governing body, so why isn’t there a specific backstop written the other way, in the same way that sub 41(3) is set out?
Hon. B. Ma: The backstop I had referenced is really specifically about subsection 55(1)(e). It references that the purposes of these agreements respecting areas to be described in the plan are relevant to section 120. I know that we’re a bit away from 120. We can certainly talk about 120 in more detail when we get there, but for now, I’ll provide some general context for the purposes of section 55.
Section 120 will basically discuss how these agreements are important in terms of response and recovery actions. While I would say that response and recovery actions can really directly impact Indigenous lands in real time in a way that plans and risk assessments may not, it is important that we are planning and preparing risk assessments as fulsomely as possible. But there may not be an immediate impact in the same way as in response and recovery phases during an actual emergency. So consultation and cooperation, under section 120, are engaged.
In order for section 120 to be properly engaged, there would be either an agreement with the local authority under subsection 55(1)(e) or with the province under subsection 41(3). Then that would generate an agreement that describes basically who in what area would need to be consulted with and cooperated with during response and recovery. That’s during an actual emergency and in the recovery phase, as well, following an actual emergency.
M. Lee: I appreciate the minister’s response. In terms of subclause 41(3) — because it relates to subclause 55(1)(e), which also relates to clause 120 of the bill — we have three clauses, then, that the minister is relating in response to this area of discussion, but only clause 120 is referred to in this clause 55.
So for clarity purposes for this bill — for anyone trying to make sense and to understand the obligations and the flow of the consultation and cooperation, the agreements that are entered into in respect to emergency management plans — at a minimum, does the minister not see the need to have the bill, in subclause 55(1)(e), make specific reference to this backstop in subclause 41(3)?
The Chair: Members, we’ll keep that question.
Minister, you can keep that question in mind, but the committee will take a short recess.
We’ll be back at 4:20, Members.
The committee recessed from 4:05 p.m. to 4:21 p.m.
[F. Donnelly in the chair.]
The Chair: All right. We’ll call the meeting back to order. This is just my practice run after we’re back here.
We had the question. Minister, do you need…? You’re ready to go. Look at that.
Hon. B. Ma: What we’ve been referring to as the backstop — just to be clear, it’s not in the EDMA but rather my words — it’s articulated in section 120(2)(b)(iii). In section 120(2)(b)(iii), it references sections 55(1)(e) and section 39(1)(b). Section 41(3), which is the section that I referred to earlier, is about information-sharing with the local authority about the agreement we have reached with Indigenous governing bodies about an area within the jurisdiction of a local authority.
That would be developed in the context of the province developing emergency management plans under section 39(1)(b), so that’s the connection there. That’s what effectively forms that backstop that supports local authorities in cases where a local agreement cannot be reached under section 55(1)(e).
M. Lee: The way this bill is constructed, then, is that it’s referring in clause 55 to clause 120, which then takes the reader of this bill into clause 120 to look for a reference back to clause 39 — is what the minister is indicating.
When we get to clause 39, it does make one reference to clause 41(1)(d). So we get close to clause 41(3). Okay. I can see that once you get to clause 39, on a quick read…. But it does suggest, though, in terms of how clause 55 is operating….
It’s an indirect reference, I guess, just to say the least, because you have to go to 120 in order to figure out that you’ve got to go back to clause 39, which takes you to clause 41.
There are about three steps there to get to a qualification as to what happens in the case where you, meaning the local authority, do not reach an agreement — that the local authority may still be subject to the agreement that the provincial administrator entered into with the Indigenous governing body as it pertains to an emergency management plan.
That, I would suggest to the minister, is convoluted at best and hard to address. But I’m sure that the guidance document will have to explain in a roadmap how these sections are all connected together. Perhaps that is something that’s already being considered.
Back, though, in terms of sub 55(2) — why is there not an equivalent? I appreciate, again, this is not statutory language. It’s not in the bill, for sure. But the way that the minister is conceptualizing the bill by using the term “backstop,” which I do appreciate and understand — why is there no backstop provision to subclause 55(1)(ii), when it relates to what’s contemplated here?
Hon. B. Ma: I’m wondering whether the member might be able to repeat or rephrase his question, because sub 55(2) simply references sub 55(1)(e), which is the clause that we had just discussed in the previous question. I’m wondering if maybe the reference to the clause was misspoken or if you could maybe rephrase this question.
M. Lee: Maybe I can just ask the question this way, then. What’s the purpose of subclause 55(2)?
Hon. B. Ma: Subsection 55(2) is, effectively, an information-sharing clause that allows for the provincial administrator to use the same agreed-upon area that was achieved by the local authority for the province’s purposes as well. If a local authority reaches an agreement on an agreed-upon area with the Indigenous governing body, the province can be notified and use that same area.
Clause 55 approved.
The Chair: Members, clause 56 has already passed last week, so we’re going to move on to clause 57.
Clause 57 approved.
On clause 58.
L. Doerkson: Thank you for the opportunity to spend this time together, Minister. I do appreciate it. I appreciate the time that we’ve been granted to ask questions here today.
Under clause 58, the very first statement and sentence is: “The minister may, by order, require a person who is not a regulated entity to provide to the provincial administrator or a lead minister any of the information referred to in section 56 (2).”
I just want to get clarity as to who this might be referring to.
[R. Leonard in the chair.]
The Chair: Minister.
Hon. B. Ma: Thank you, Chair. Welcome to the chair.
To the member’s question, it could be anybody really. It could be an individual person.
For greater clarity, the order would be, under the circumstances laid out under subsection (3): The person engages in an activity that is or may create a hazard, the person uses a process or property in a manner that is or may create a hazard, a condition that is or may create a hazard exists or may exist on land that the person owns or occupies, or the person provides or may be able to provide emergency resources or the use of land.
L. Doerkson: Thank you for that, Minister.
That’s exactly why I was asking the question. I’m trying to better understand…. We had much debate and many queries, under definitions, with respect to critical infrastructure and other things. I guess this really comes back to that.
I’m trying to get a better understanding of what those determinations around those items might be. The typical definition of “a person,” which we’ve been speaking about for a few days now, actually, in this case, may refer to a person: just one single human being. The person, as you know — we’ve discussed that at great length — would be an entity or whatever.
So in this case, might a rancher, for instance, under the category of 3, fall under this law and be in a position to be actually forced to produce the things that that are being referred to in clause 2, which are the risk assessment, implement an emergency plan, maintain a business continuity plan? I want to just clearly understand that that might be asked of a rancher.
Hon. B. Ma: This section can apply to any person, including a rancher. I do want to acknowledge that it is a significant measure. It provides government with an important tool in cases where a significant risk to public safety may occur without action.
Like in previous sections, where we’ve canvassed the use of orders…. Orders are really a last resort. We would certainly seek to achieve voluntary compliance or voluntary measures prior to using that. Orders are really a hammer that you use when you don’t have any other options left.
L. Doerkson: Yeah, I agree. I worry about the order portion of what might be lurking in this clause. So I want to understand better: what might create a need for this clause to be enacted?
Hon. B. Ma: I appreciate the critic’s questions on this. I agree that it’s important for us to think through and understand what these various provisions will allow and why the Emergency and Disaster Management Act, like the Emergency Program Act, like other emergency acts, are powerful legislative tools. I think it’s right and appropriate for us to be canvassing these questions, so I want to thank the critic for doing so.
I was working with the team to try to come up with some examples of where we might use this, and it took a little while, largely because we anticipate the use of this provision to be, like I said earlier, only when necessary. Usually the approach, prior to considering emergency orders, would be to explore what other legislative tools already exist. For a lot of scenarios that might fall under subsection 58(3), there are likely other legislative tools, other legislative compliance measures that we can pursue, in addition to voluntary compliance before an order needs to be issued.
That being said, we did come up with a real-life example. Earlier this summer, there was a significant party. It was a non-permitted party, a rave in a regional district that had somewhere between 500 to 1,000 people in attendance. Because it was a non-permitted party, the organizers did not have an emergency plan, and that area actually went under evacuation order during the wildfire season. Working with the regional district, EMCR had to go in to evacuate the party and brought in buses in case of intoxicated patrons that might not be able to drive out on their own.
Now, we don’t have to rehash exactly what happened during that evacuation, but suffice it to say, it was a significant number of people to be at a non-permitted event and to not have an emergency plan. This clause could have allowed us, in recognizing that they were planning to have this party, to actually order them to prepare, maintain and implement an emergency management plan.
L. Doerkson: Thank you, Minister, for that definition.
I’ll take it maybe just one step a little bit further, because I can appreciate in that circumstance exactly why the minister may require some of these things to be done. Might this clause affect individuals that perhaps have logging residue and those types of things on their private property or potentially overgrazed rangeland or private property that might pose some other risk during drought? Might those two examples have this clause enacted?
Hon. B. Ma: I think that the use of this power would certainly be very context specific. That being said, it is possible for this power to be used in the scenario that the critic has described, although it is more likely if the property posed a fire risk or a risk to the broader public than if it only posed a risk to the property itself. The intention really is about protecting the broader public and managing public risk.
Also, I think it’s worth to keep in mind that this section wouldn’t allow an order to force a specific action on the property but only require the entity to do one or more of the following under subsection 58(2). So that’s: “(a) prepare and maintain a risk assessment; (b) prepare, maintain and implement an emergency management plan; (c) prepare and maintain a business continuity plan.” It could require a property owner to do that.
L. Doerkson: The minister anticipated my next question, which is…. I can appreciate that the ministry may require one of those three items, but in those three items, it may, obviously, get a little bit more complex as to what the ministry may expect.
The reason why I asked about, for instance, logging on private property, or residue, is because that could actually create two different changes on the landscape that may affect other people with respect to either wildfire risk or potentially any kind of hydrology risk as well. I guess, then, my question is: what might be included in that risk assessment in either of those two examples?
Hon. B. Ma: Under subsection 4, it notes that: “If the minister makes an order under this section, the minister may include in the order a requirement that a person comply with one or more provisions, with or without modifications, of this Part or a regulation made in relation to this Part, as if the person were a regulated entity.”
Effectively, we would be able to issue an order that treated this — it could be an individual, could also be a group, or so forth — person, in the definition of a person, as though it were a regulated entity.
It also allows for some modifications to be written out in the order itself, if needed.
L. Doerkson: I noted the minister’s definition there — “person” yet again. I am enjoying the frustration also, Minister, or perhaps a laugh or two about that definition. But in this case, we’re clear. We know that we’re talking about pretty much everybody on the landscape.
With respect to what might be in an order from the ministry…. The reason that I went to logging is that I do know that many people will buy private property to take some logs, generate some revenue and that that type of thing. My fear is that when we get into things like hydrology reports and those types of things that might be asked of the person, whoever that might be, some of those are very expensive.
We did talk a little bit about potential funding opportunities for other people that would fit under this category of a person. Certainly there might be funding opportunities for local authorities and those types of things. Would the minister suggest, or has the ministry contemplated at all, funding that might be available for individuals, specifically, in this case?
We’ve already talked about local authorities, and I think we’ve talked quite a bit about regulated entities. But Average Joe — would there be any funding or any help financially to navigate some of those challenging circumstances with serious expense attached to them?
Hon. B. Ma: The EDMA doesn’t speak to compensation or funding one way or another.
I think it would be fair to say that contemplating funding of any kind, under this context, would be very context specific. By the time we actually reached a point of using this kind of order on a non-regulated entity, it would likely indicate that attempts to reach voluntary compliance have failed and that there are significant risks to the public that are not being managed by the property owner.
We would need to be careful not to create an incentive for non-compliance in the hopes that funding would be attached to an order. So I can’t commit to that here. But certainly what we can say is that all of this would be very context-specific and dependent on the situation that we were facing.
L. Doerkson: Thank you, Minister. Maybe one or two last questions on this clause.
The last one is: who will actually carry out the enforcement? How will you arrive at that point? Once you’ve determined there’s some sort of an infraction on the landscape, how will that proceed from that point?
Hon. B. Ma: The member asked a question in two different ways, and I’ll try to answer it in two different ways. One was about enforcement measures for contraventions under section 58, and another was around how this would come about.
Starting with the latter, operationally, I think at the early stages, it would likely begin as conversations from a regional EMCR staff member — somebody approaching the persons to discuss the challenges and initiate that conversation.
If the situation progressed to the point where an order was actually issued and we were still seeing non-compliance, in order for enforcement measures to be put in place…. So that’s the scenario for the next part of my answer, which is that the EDMA itself does not automatically set out enforcement measures for contraventions under section 58. Following passing the EDMA, a regulation would need to be created to set out contraventions under section 58, and it could make enforcement measures such as administrative monetary penalties available.
But that ability does not currently…. There are not enforcement provisions currently set out in the EDMA for section 58. We would have to create a regulation to enable them.
L. Doerkson: Thank you, Minister, for answering both of those questions.
Again, you’ve anticipated, maybe, my final question on this section. I do know that under section, I think, 153 or so, there are some fairly significant compliance fines and even jail terms and such. I’m wondering what’s been contemplated here. Now, I can appreciate that that’s regulation, but I suppose the minister has sort of explained that this would not be for small infractions. This is something that has gone well beyond asking, and now the ministry is going to tell.
I just wonder if the minister could give me any direction on what might be anticipated here with respect to fines or compliance charges?
Hon. B. Ma: For greater clarity, penalties like jail time are only available for offences, so those laid out in section 150. Non-compliance with section 58 is not something that could be charged as an offence, so jail time or penalties articulated in section 153 would not apply to section 58.
It is more likely to be an administrative monetary penalty, but I would say it’s too early to anticipate what amount those administrative monetary penalties would be at this time, prior to regulatory development.
L. Doerkson: Just a question on, basically, what we heard documented with respect to this clause. Is there a reason that it has been put into the act? Have regional districts or local authorities pursued this, or what’s the reason for this clause?
Hon. B. Ma: I think it’s really about ensuring that we have, or that government has, the tools available to address gaps in the broader legislative framework, especially where public safety as a result of possible emergencies is involved.
Having section 58 allows for government to ensure that possible or known hazards related to a non-regulated entity can be considered and included in risk assessments, emergency management plans and business continuity plans as appropriate.
Like, for instance, with the rave example. That was an example of where there was a gap in the overlapping legislative frameworks that we were working with and an area where a tool like this would have been very helpful in reducing the risks associated to people during this year’s wildfire season.
Clauses 58 and 59 approved.
On clause 60.
L. Doerkson: Thanks, Minister. I appreciate that.
With respect to clause 60, I’m just wondering how the ministry arrived at 28 days.
Hon. B. Ma: Currently the Emergency Program Act allows for provincial state of emergency extensions of 14 days. An analysis was done looking at the lengths of previous provincial states of emergency, and it indicated that states of provincial emergency are increasing in time.
Declarations of states provincial emergency have lasted for months, and that’s largely in response to increasing scope and scale of emergencies. By lengthening the provincial state of emergency period from 14 days to 28 days, it allows for us to largely reduce administrative burden. However, there did need to be consideration for balance and a measure of moderation to ensure that there are appropriate — I would call them — checks and balances on a declaration of the state of emergency.
I think that it is appropriate for government to continuously and regularly assess whether a provincial state of emergency is necessary or appropriate to continue on, given the extraordinary powers that a provincial state of emergency can unlock. Government has to be very prudent and only use provincial states of emergency when they really need to. That’s where the length was increased from 14 days to 28 days.
L. Doerkson: Thank you very much, Minister.
I just wanted to better understand, too, how this might play into local states of emergency. I can appreciate the move toward less burden, particularly during what might be a pretty dramatic time.
I’m asking specifically…. I know that the minister is very aware of what’s happening at Terra Ridge. This is an emergency that may stay in place for quite some time. I just wanted to get a better understanding of why longer dates weren’t picked — you know, 60 days or…. Why wasn’t that considered?
Hon. B. Ma: Sorry, I’m hoping the member might be able to clarify his question. Is the question around local states of emergency and that timeline, which is covered in a different section? Or is the question about provincial states of emergency and why renewal periods were not considered for 60 days, rather than 28 days?
L. Doerkson: We could cover the local states when we get there, if the minister chooses. But just in general terms, I wondered why, perhaps, longer timelines weren’t considered.
I absolutely appreciate what the minister is saying with respect to the burden, certainly during serious situations that may be developing and a definite desire not to be filling out paperwork during those times. I’m just wondering why it wasn’t 60 days for provincial — why maybe it wasn’t even longer than that, noting what has been happening in the province.
Hon. B. Ma: Longer states of provincial emergency are beneficial from an administrative perspective. But in the same way that a declaration of a provincial state of emergency must be carefully considered and well justified, so does keeping a provincial state of emergency active, because the tension on the other side is civil rights and liberties.
Provincial states of emergency allow the province to restrict the rights and freedoms of individuals. So it’s a very serious measure that grants government and, in particular, the minister extraordinary powers. During a provincial state of emergency, and this happened during this summer as well, additional powers and tools became available to me as the minister to restrict travel through the province for the purposes of staying in temporary accommodations.
Freedom of movement through the country…. Freedom of movement is considered an essential right and freedom for Canadian citizens. One must ensure that the measures that they put in place using these extraordinary powers are justifiable. As long as a provincial state of emergency is activated, it grants the minister those kinds of powers. So it’s very, very important that provincial states of emergency are implemented and last for only as long as absolutely necessary.
Now, that being said, the EDMA does introduce a new concept known as the recovery period, which still allows for authorities to exercise some of those powers that would have been available under a provincial state of emergency, or a state of emergency, but outside that state of emergency — for instance, being able to keep people out of accessing dangerous areas. That can be done through a recovery period under the EDMA now. It does not necessarily require a state of emergency to maintain that restriction.
Clauses 60 and 61 approved.
On clause 62.
L. Doerkson: Thank you, Minister, for the answer on that.
Similar questions under this clause. I worry that the 90 days that we’re talking about in this clause just are not adequate for so many situations, like Terra Ridge, like Lytton, like all the ones that you and I have talked about both during this committee and outside of this committee room.
I guess I want to get a better understanding of what the minister means by recovery period in this and also get a better understanding of why 90 days in this case.
Hon. B. Ma: I think it would be valuable to provide a few contexts or clarifications for context, one being that a community can be in a recovery phase without necessarily being in a recovery period — so recognizing that recovery phases for a community can last years and years.
A recovery period specifically speaks to a declaration of a recovery period that allows for an authority — a local authority or the province, in this case — under section 62 to access a subset of emergency powers. Just like there is a formal declaration of a state of emergency, there can now be a formal declaration on a recovery period that allows access to some of the extraordinary powers that would be available to the province or the local authority under a state of emergency. Usually, the subset of those powers are the ones that are most likely to be used during a recovery period.
That being said, the recovery period can be extended as many times as needed. So it is not a single 90-day period. Every three months it can be renewed. I think that renewal process is a prudent measure, as well, because it gives authorities and the province a chance, a reminder really, to take stock of where things are at and to ensure that those kinds of extraordinary powers that are available under the recovery period are being used appropriately and not left for years and years without review.
In terms of where the 90 days came from, the recovery period that we have introduced here in the EDMA came from a concept known as the transition period. It came out of New Zealand. But the transition period that New Zealand had was 30 days. We have determined that that was likely too short. So we have gone with 90 days for the B.C. context, given what we’ve observed of recovery in communities so far.
The Chair: We’re going to take a five-minute recess, if that’s okay.
The committee recessed from 5:29 p.m. to 5:40 p.m.
[R. Leonard in the chair.]
The Chair: We’ll call Section C back to order.
L. Doerkson: Thank you, Chair. I think we were waiting for some clarity, but perhaps…. The minister had referred to the 90 days with respect to disasters, and I was trying to get, I guess, a bit of a better understanding about places like Terra Ridge. That’s the one that you and I both know. Hopefully, it’s all right if I use that one. That is clearly not a disaster that’s going to go away over the next 90 days.
I can appreciate that there are things like ESS and those types of things that will need to be used, but even in that situation, I would assume that that recovery period could go on for a very long time. Again, I just wanted to get a better understanding of why we wouldn’t have extended periods for something like that.
Hon. B. Ma: In cases where an emergency or a recovery period is particularly extended, those periods can be renewed. I think it’s important — for the reasons that I explained earlier, about the tension with civil liberties, civil rights and the rights and freedoms of individuals — that the use of states of emergency and even recovery periods, because they do provide access to a subset of extraordinary powers that are provided to authorities under a state of emergency, are used only as necessary.
While there are cases that may call for longer states of emergency and recovery periods, the regular renewal of those periods allows for those states to be extended.
L. Doerkson: One last question on this, Minister, just with respect to…. I think you mentioned special powers. We’ve talked a little bit about that under declaration of provincial emergencies and such. Under this category, could you give me an example of some of the special powers that the ministry might have?
Hon. B. Ma: For greater clarity, the powers during a provincial recovery period are powers of the Lieutenant-Governor-in-Council. They’re cabinet powers as opposed to powers that I as minister am able to sign off on my own. They do require cabinet approval.
It allows for orders to be made under section 75, which is essential matters; 76, land and other property; 78, general restrictions. It also allows regulations to be made under section 83, modifying enactments and authorizations; section 84, modifying time periods; section 86, enforcement of modified enactments and authorizations.
By way of providing an example, it could include continuing the use or control of land for the purposes of staging or storing emergency resources or continuing to restrict travel on highways that are damaged by an emergency that now require repairs.
There’s also a particular power…. There’s reference in section 89 — I know we’ll get there, but I’ll pull it up for the purposes of this conversation — which is an additional recovery power, which is, by regulation, prohibiting “the entry into any structure or onto any land, by any person and for any purpose related to (a) protecting the health, safety or well-being of persons, or the safety of property or of objects or sites of heritage value, or (b) taking emergency measures to recover from the emergency.”
Basically, if there’s a property that is deemed unsafe for entry, then the recovery powers would also allow that.
Clauses 62 to 64 inclusive approved.
On clause 65.
L. Doerkson: Under 65, is a person include…. Everything that we’ve talked about, including a person. I struggle with this, and I know the minister has too.
In this clause, we’re talking about, potentially, regulated entities, local authorities, etc. But could this also refer to just one individual?
Hon. B. Ma: I don’t want to be too cute about my answer, but technically the word “person” could apply more broadly. However, under this division, which is division 3, “General Powers and Duties,” that runs between sections 65 to 70, only certain persons are granted powers and duties. That’s the Lieutenant-Governor-in-Council, the minister and provincial administrator.
Even if you were to apply “person” more broadly, if you read the other sections of this division, they’re not provided any duties or powers under this division. We’re really talking about the Lieutenant-Governor-in-Council, the minister and provincial administrator.
L. Doerkson: I appreciate that answer, Minister.
With the way we’ve been discussing and using the term “person” throughout this bill, to me, this is very confusing. If it’s suggesting that, frankly, it should probably say that. In this case, it says: “must perform a duty.” Could I get clarity as to what that means with respect to “must perform”? I just need clarity on what that term means.
Hon. B. Ma: The clause says: “A person may exercise a power and must perform a duty under this Division whether or not a declaration of a state of provincial emergency or a declaration of a state of local emergency has been made.”
The clause is saying that regardless of whether a formal declaration of an emergency is made, the next several sections apply. Those are sections 65 through to 70.
As an example, under section 66, it reads: “Before taking any action for the purpose of responding to or recovering from an emergency, the minister must consider the comprehensive emergency management plan and any applicable emergency management plans prepared by the provincial administrator.” In this case, section 66 applies a duty on the minister that the minister must consider the comprehensive emergency management plan.
What section 65 says is that that duty of the minister, under section 66, applies whether or not a provincial emergency or a state of local emergency has been declared. In sections 66, 67, 68, 69 and 70, it outlines what person we’re talking about and what duties and what powers apply to them.
Clause 65 approved.
On clause 66.
L. Doerkson: Thank you for that answer, Minister.
I guess, just the way that we’ve…. I can appreciate exactly what the minister is saying, but it is certainly confusing, particularly with the conversation that we’ve had around that term.
Under 66, when it does say, “Before taking any action for the purpose of responding to or recovering from,” and of course, the rest of the clause…. I wanted to understand better what sort of timelines we might be looking at here and get a better understanding. We’ve talked a little bit about risk assessments and different things that might have to be created during what might be a stressful time. I just want to get a better understanding of what this clause intends.
Hon. B. Ma: The way I see section 66 is that it gives relevance to the comprehensive emergency management plan. It is not a plan that simply gets put together and sits on a shelf. It is something that the minister must take into account, by considering prior to taking action, during the response or recovery phases of an emergency.
It gives the comprehensive emergency management plan relevance and importance in the actual response to and recovery from an emergency.
L. Doerkson: Is this referring just to the provincial plan?
Hon. B. Ma: Yes, correct, the emergency management plan being defined as the provincial plan that is compiled, keeping in mind that the minister is responsible for provincial actions on emergencies. Local authorities are responsible for their actions at a local level and the duties of a local authority.
Maybe that was a longer answer than required. The answer is yes.
L. Doerkson: I can appreciate it. I want to just explain to the minister where I’m going on this.
One of the debates is around fire, whether it’s being managed or whether it’s being put out and those types of things. I do know that there are events, obviously — I mean, we’ve discussed that quite a bit — that may not exist yet, things that we haven’t contemplated and those types of emergencies that may actually just sneak up on us.
I mean, we’ve discussed that with respect to security threats and other items. I’m just wondering, if that doesn’t exist, then what does this clause entail, as far as a response from the province?
Hon. B. Ma: I heard the member’s question in two different ways, and I’ll try to answer both ways, hoping that I’ve got one of them right.
One way that I heard the question was: what is the provincial government’s obligation if there is not a comprehensive emergency management plan created yet under the EDMA? The answer is that under the transition provisions of the EDMA, the current plans we have would carry through until a refreshed comprehensive emergency management plan was developed.
The other way I heard the question was let’s say we have this comprehensive emergency management plan, and the minister refers to it during an emergency, and the particular hazard that is happening was not contemplated. There is no section of the comprehensive emergency management plan that applies to this hazard — let’s say, an alien invasion. We weren’t anticipating it, and we don’t have a plan for it.
In that case, certainly, we would have to do the best we could do under the circumstances, but there’s also a provincial all-hazards plan that would inform a substantial element of our provincial response, regardless of the hazard that was taking place.
There are, I guess, foundational plans that the province could lean back on, but certainly, emergencies being very context-specific, there will have to be a lot of response work on the fly, as well, if the hazard or the emergency were truly unanticipated.
L. Doerkson: Just a quick comment. I enjoyed the comment about the aliens. I did want to say to the minister…. We did discuss, in very serious terms, the fact that we were caught off guard with things like heat domes and atmospheric rivers.
While I can appreciate the minister’s comment about aliens, there are certainly things out there that we may not even know to be prepared for, right? I mean, the damage that we saw with respect to the atmospheric river…. It’s still just shocking to me when I drive over Jackass Mountain and other areas in the province. We’re still under that challenge.
Anyhow, I did appreciate the comment. No more questions on that.
Clauses 66 and 67 approved.
On clause 68.
L. Doerkson: Minister, I want to understand here.
The minister may make orders under this section — we have talked a little bit about this, but I do want to get, maybe, final clarity on this — against a regulated entity other than a government minister and the Nisg̱a’a Nation.
The reason that I’m asking about this is…. Back in question 55, I thought I heard you make a comment that, potentially, First Nations may not be necessarily affected by these types of orders. You may not be able to levy these types of orders against First Nations. I see the distinction for the Nisg̱a’a Nation, of course, and I understand why that is.
How are First Nations affected by this clause?
Hon. B. Ma: Indigenous governing bodies are not captured under the definition of a regulated entity, which is why they’re not carved out under subsection 68(2)(a). The order already does not apply to them. They are not a regulated entity.
Clause 68 approved.
On clause 69.
L. Doerkson: I want to better understand…. If we could just start by the minister defining this definition of “specified authority.”
Hon. B. Ma: The term “specified authority” is defined, under subsection 69(1), to be “a local authority, other than the Nisg̱a’a Nation or a treaty first nation,” and “a participating authority.”
“Participating authority” is defined, in section 1, as “a person that, under an emergency measures agreement, may exercise one or more powers, and agrees to perform one or more duties, of a local authority under this Act.” A participating authority is an entity that has entered into an emergency measures agreement, under division 4 of this act, and “may exercise one or more powers, and agrees to perform one or more duties, of a local authority under this Act.”
It’s worth noting that there are currently no participating authorities that have entered into emergency measures agreements with the province. This definition provides some flexibility to allow for providing additional entities to take on the powers and duties of a local authority under the act, where no local authority has jurisdiction.
An example of a likely participating authority is a superintendent of a national park, where they would agree to take on the powers and duties of a local authority through an emergency measures agreement. A participating authority could also include an entity like the Stikine improvement district, or a similar entity in the Stikine Region, where there’s no local authority who currently holds jurisdiction for the purposes of emergency management.
L. Doerkson: Thanks, Minister.
In No. 3, it says: “The minister may, by order, require a specified authority to take an action….” The reason I’m asking about this, and we’ve touched on this a little bit, is the hierarchy that we’ve talked about.
I think we refer to them as MJEMOs, if I remember right, multiple jurisdictional emergency agreements. If we’ve got those in place…. So you may have a First Nation working with a regional district. Again, I guess, I come back to the hierarchy.
Now, I can appreciate that you would hope…. We’ve talked a little bit about the minister’s hope that we don’t have to use certain things. We don’t have to levy fines, and we don’t have to do that.
As you know, there may be disagreements, of course. So I guess I want to understand, at this juncture, if the minister is referring to a specified authority and requiring them to do something. Is the minister, then, going to take a leadership role in that situation, where we’ve got a multi-jurisdictional partnership building?
Hon. B. Ma: I appreciate the member’s question and the interest in MJEMOs. In this section, however, whether a local authority is part of a MJEMO or not is probably not relevant.
What this section is about, certainly under subsections (3) and (4), is providing the power to the minister to order a specified authority to basically…. Well, it says to take an action in another person’s jurisdiction or another specified authority’s jurisdiction or within their own jurisdiction. It’s really about requiring specified authorities to help another jurisdiction.
As an example, an authority could be required or requested to provide support in another jurisdiction, such as providing volunteers, heavy machinery or equipment to a neighbouring, supporting jurisdiction. A more real…. I guess not real as in “it happened,” but something understandable is….
Let’s say you have two neighbouring jurisdictions. You have one jurisdiction that is really struggling to hold back structural fires as a result of a wildfire. The neighbouring jurisdiction that has available fire trucks and structural firefighters is refusing to help that jurisdiction. The minister could order that neighbouring jurisdiction to help the jurisdiction that needs help.
Another example under subsection (4) is an authority could be required or requested to provide support within their own jurisdiction to assist another jurisdiction. In that case, it could be ordering a community to accept evacuees from neighbouring jurisdictions.
Now, as we saw through the 2023 wildfire season, communities are very, very open and willing to voluntarily support one another by accepting evacuees, by sending their municipal firefighters. We saw municipal fire departments from all over the province respond to the request from the Central Okanagan for structural firefighting resources.
Largely, we see enormous cooperation and collaboration across the province. But if we came to a situation where a call was being made on behalf of…. If there was a situation, using the example of the Central Okanagan, and the call had been made to neighbouring jurisdictions to send municipal firefighters and nobody responded, then this power would allow the minister to order those jurisdictions to send help.
Noting the hour, I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 6:15 p.m.