Fourth Session, 42nd Parliament (2023)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Tuesday, November 28, 2023

Morning Sitting

Issue No. 371

ISSN 1499-2175

The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.


CONTENTS

Routine Business

Introductions by Members

Statements (Standing Order 25B)

T. Stone

M. Starchuk

J. Sturdy

S. Chant

E. Ross

A. Singh

Oral Questions

K. Falcon

Hon. A. Dix

S. Bond

A. Olsen

Hon. M. Farnworth

A. Olsen

Hon. M. Farnworth

B. Banman

Hon. A. Dix

T. Shypitka

Hon. G. Heyman

E. Ross

Hon. G. Heyman

Tabling Documents

Office of the Auditor General, Summary Financial Statements Audit: Supporting the Role of MLAs, November 2023

Question of Privilege

R. Merrifield

Petitions

B. Stewart

Orders of the Day

Committee of the Whole House

G. Kyllo

Hon. H. Bains

Proceedings in the Douglas Fir Room

Committee of the Whole House

P. Milobar

Hon. R. Kahlon

A. Walker

A. Olsen

K. Kirkpatrick


TUESDAY, NOVEMBER 28, 2023

The House met at 10:04 a.m.

[Mr. Speaker in the chair.]

Routine Business

Prayers and reflections: T. Wat.

[10:05 a.m.]

Introductions by Members

Hon. B. Ralston: As I proudly represent a riding in Surrey, I want to acknowledge the presence today here of the mayor of Surrey.

I hope all members will make her feel welcome.

E. Sturko: I, too, would like to welcome the mayor of my community, Surrey, here to the House today. I just want to point out that she’s also a former MLA, a former city councillor. She’s done a lot not only for our city but also for our province.

Please join me again in making the mayor of Surrey, Brenda Locke, feel most welcome.

Hon. N. Sharma: I would love to introduce my communications team at the AG’s office in the House. Joining us to watch question period in real time is Tara Saracuse, Aara Ramesh, Ravi, Reetoo, John O’Dowd, Catherine Pate and Bianca Chu.

Thank you so much for the work that you do.

Hon. R. Kahlon: We have some special guests here today. Jess Smith, who plays a critically important role in the Premier’s office, has worked closely with many members on this side of the House. Her family members are here visiting. Her in-laws are here visiting.

We have Greg Dewar and Kathleen McCallum. They’re here from Selkirk, Manitoba. Kathleen served for many years in various roles within the Manitoba NDP and now is retired and spending time giving back in board roles and doing a lot of community service.

Greg Dewar served as a Member of the Legislative Assembly in Manitoba as the MLA for Selkirk for 26 years. Included in that time was a term as the Minister of Finance.

I’m hoping the House can make both of these amazing people welcome.

Hon. S. Robinson: Well, it looks like it’s “bring your communications team to work day” today, because my communications team is joining us here in the gallery. We’ve got Lisanne Bowness, Katya Slepian, Allie Moore, Margaret Wardhaugh, Emma Keeler-Dugas and Lara Hurrell. These folks do a fabulous job.

I want all members of the House to please make them feel welcome.

Hon. G. Heyman: Well, only half of my introduction is communications today. I have two special guests who are joining us in the gallery today.

I want to welcome and ask everyone to welcome the 2022 Conservation Officer of the Year, Steve Petrovic. Officer Petrovic is in Victoria today to have a number of meetings and to receive his very-well-earned reward. We’re going to share more about the great work of Officer Petrovic later.

I also want to introduce Mariah MacWilliam who’s joining us in the gallery. Mariah is a co-op student from the University of Victoria who’s been working with our communications team, including supporting the Conservation Officer Service as well as drafting several of our recent ministry communications — for instance, the continuation of the clean coast, clean waters initiative. Her co-op placement is coming to a close, and I wish her well in her future work and adventures.

Will the House please join me in making Steve and Mariah very, very welcome.

[10:10 a.m.]

Hon. A. Kang: I see in the gallery today that I have a special guest, as well, from local government, the mayor of Surrey, Brenda Locke. I was able to visit her during my first 100 days as Municipal Affairs Minister, and I had a great conversation with her.

Would the House please make Brenda feel very welcome.

S. Furstenau: I have the real pleasure to introduce four special guests today, students from the University of Victoria’s first-year political science program: Sarah Vos, Kai Dorin, Raamin Hamid and Izzy Easton.

Sarah is from Sherwood Park, Alberta. She’s studying political science and history and is a member of the UVic women’s soccer team.

Kai is from Kelowna. He’s also studying political science and enjoys soccer and golf in his free time.

Raman, a political science student at UVic, is originally from Pakistan and now lives in Surrey. Her mother was the general secretary for women’s affairs and instrumental in achieving the right of women to divorce.

Izzy is from Saskatchewan, taking journalism and political science at UVic. She enjoys beach cleanups, debate, and public speaking.

Would the House please join me in making these four guests most welcome.

M. Dykeman: I wanted to take a moment to recognize that we have joining us in the gallery today for question period, on the precinct, representatives from the Canadian Home Builders Association. They are in Victoria meeting with MLAs.

I was wondering if the House could please join me in making them feel very welcome.

Statements
(Standing Order 25B)

BUY LOCAL WEEK

T. Stone: Every single person in this chamber can name a favourite local business in their community — a bou­tique that stocks their favourite goods, a coffee shop that always gets their order right, a service provider that always delivers or the store that sponsors the local youth sports team. These businesses are vital to the fabric of our communities.

This week, as we recognize B.C. Buy Local Week, we take the opportunity to celebrate these incredible establishments. There are countless ways to support our local businesses, and this year B.C. Buy Local has highlighted seven ways for the seven days of this week. The campaign encourages consumers to buy local online, to shop in store, prioritize putting local food on the table and to give local gift cards.

As the holiday season rapidly approaches, there is no shortage of opportunity to support our local stores while searching for the perfect gifts for our loved ones. Perhaps there is a local experience you can give someone, whether it’s a season’s pass to a local tourist attraction or cultural spot or an opportunity to try a fun, new activity or a brand-new, fantastic restaurant.

Instead of looking elsewhere for goods and services this week and all year, let’s do our part to support the businesses that continually invest in us, whether by providing exceptional food for us to eat, contributing to our local tax bases or donating to local causes.

During the holidays, the average Canadian spends around $1,600 on travel, food, drinks and gifts. If we could shift just a small percentage of that spending to our local businesses, we could make a real difference, keeping money circulating in our communities and good jobs here in B.C.

Let’s all do our part and take the time to buy local.

MOVEMBER CAMPAIGN FOR MEN’S HEALTH

M. Starchuk: The Movember finish line is in sight, and Giving Tuesday generosity is in the air. Movember raises awareness on men’s mental health, suicide prevention, prostate cancer and testicular cancer in a light-hearted way to raise the serious concerns of men’s health. The hairy season is almost over.

While some grew lopsided, itchy or epic ’staches, I grew this. I watered it. I shampooed it. I even slept face down, thinking gravity would help it out. Sadly, this is all I have to show.

[10:15 a.m.]

Hon. Speaker, I thought I’d be able to rival your ’stache, but now I see that was just a dream. I look across the aisle, and I see the hairy season has brought out the Sen. Ted Cruz look-alike furry face for the MLA for Kootenay East.

Thanks to all of us for joining in the fun. Whatever mo is grown in Movember, those are the faces who will raise the funds for awareness for men’s health.

Men are dying before their time. The Movember movement is close to me in a personal way. Prostate cancer is a treatable cancer, and many men are surviving longer due to research and awareness campaigns.

I’ve had many of my former colleagues being diagnosed and who are survivors of prostate cancer, which is linked to the occupation of firefighting. I congratulate Jerry, Lowell, Glen, Ross, Tim and Lorne on their journeys to battle this cancer, and I wish them well as they cherish each day with family and friends.

Lastly, three out of four suicides are men, and it’s the second-highest cause of death amongst Canadian men aimed at between 55 and 45.

Unfortunately, two of my former colleagues who suf­fered from mental health issues took their own lives. I’ll never forget the two days that were announced when both Kevin and Ernie had taken their own lives well before their time.

May both of these young men rest in peace.

FLOOD PROTECTION INFRASTRUCTURE

J. Sturdy: If you live or work on a floodplain in British Columbia, you’re right to be concerned and to pay close attention. It’s almost inevitable that your existing flood protection is not adequate, and it’s unfortunate that it’s also not likely to be improved.

Provincial policy mandates that flood protection, estimation, modelling and mitigation, to which the En­gineers and Geoscientists of B.C. must design, requires that a minimum IPCC scenario of RCP8.5 must be factored, despite an admission that this scenario is on the “less likely” very high end.

Doesn’t it make sense to be super cautious? Isn’t it best to use the worst-case scenario for modelling? After all, you can’t be too careful, can you?

If unlimited resources were the reality, you would be correct. But it’s becoming clear that flood protection perfection is getting in the way of real progress. When one-in-200-year flood protection criteria, new seismic standards, high-end climate modelling plus freeboard requirements are factored together, the capital costs be­come so astronomical that even very large centres would have difficulty funding full projects. In smaller communities around B.C., the business case for improvement is little more than hopeless.

For example, in my community of Pemberton, the dike that protects the downtown is 14 kilometres long and badly in need of an upgrade. To achieve the shiny new standard required by the province would move the price from $1 million a kilometre to $10 million a kilometre. A community of 3,000 would need to fund a $140 million project, which is so far out of reach as to be laughable and would protect only part of the community anyway. For any lesser standard, the province won’t approve or participate.

It must be recognized that many areas of the province do not even have a one-in-ten-year flood protection structure, and it’s clear that one-in-200 is simply unattainable. Policy changes need to be considered because attaining a one-in-50-year protection is better than no improvements at all.

INTERNATIONAL DAY OF
PERSONS WITH DISABILITIES

S. Chant: I’m going to start by acknowledging I’m on the lands of the lək̓ʷəŋən-speaking people, the Songhees and Esquimalt First Nations.

As always, I am deeply grateful to represent the people of North Vancouver–Seymour, situated on the unceded territory of the Squamish and Tsleil-Waututh Nations.

I rise today to commemorate the International Day of Persons with Disabilities, which is observed on December 3.

This Sunday and every day let’s celebrate the achievements of people with disabilities and do our part to make our province inclusive and accessible for all. We want everyone to have the opportunity to enjoy full and equitable participation in their communities because everyone benefits when our communities are inclusive.

More than one million British Columbians live with a disability. We are committed to improving the lives of each and every one of them. That is why we introduced the Accessible B.C. Act so that we can identify, remove and prevent barriers experienced by people with disabilities.

Currently two technical committees are working to develop standards for service delivery and employment accessibility. Next year we’ll be seeking feedback from the public about these standards.

[10:20 a.m.]

In September of 2023, as prescribed by the Accessible B.C. Regulation, more than 750 public sector organizations were expected to form their accessibility committees and implement accessibility plans and feedback tools. This is a very big step forward.

We have so much gratitude for the guidance of people with disabilities as we continue this work. Together, we’re working to make B.C. a more accessible and inclusive place for all.

I invite all members to join me to recognize December 3 as International Day of Persons with Disabilities.

VALUE-ADDED NATURAL GAS
PROJECTS AND INFRASTRUCTURE

E. Ross: Over the years, B.C. has not fulfilled its potential to export LNG to countries that need a clean energy source, especially when you consider exporting raw natural gas is like exporting raw logs. We export raw products from B.C. that get refined at its destination, and the resulting products are sold back to us.

There are efforts to develop a natural gas value-added economy here in Canada, like the recent McLeod Lake Band’s ammonia export announcement. But they’re not alone.

B.C.-based Trigon intends to ship ammonia by rail from Alberta to Prince Rupert for export to Japan. What’s re­markable is that both projects and countries like Japan are ahead of Canada in transitioning to cleaner fuels, such as ammonia and hydrogen, produced from natural gas. Ammonia and hydrogen as fuels can reduce emissions as much as 90 to 100 percent.

McLeod Lake and Trigon require support regarding railway transport. Insurance indemnification of these am­monia railcars is what these projects are asking the provincial and federal governments to resolve.

I encourage all MLAs of this Legislature to stand behind these projects, not only for the economic benefit for communities and economic reconciliation but also to support ammonia from natural gas, which promises a cleaner, emissions-free future for the globe.

By supporting Trigon and McLeod Lake, we can be partners with First Nations, Alberta and Japan in reducing global emissions. We can do this while also creating much-needed made-in-B.C. and Canada jobs and much-needed revenue for both levels of government by utilizing natural gas and natural gas by-products from Alberta and, hopefully, someday from B.C.

DAN’S LEGACY AND SUPPORT FOR YOUTH

A. Singh: Dan the Man or “Danno,” as he was often called by his family and friends, lived his life with an infectious and enthusiastic spirit. Anyone that was around him became energized by his warm and kind nature. He had a passion for cooking, which drove him to join a culinary college and start training to be a professional chef.

Dan’s life came to a tragic end early, at the age of 19, from a drug overdose.

To remember and honour him, Dan’s Legacy in New Westminster was created to provide vulnerable youth with the necessary supports they need to not only survive, but to thrive in life. Dan’s Legacy has helped over 600 youth stabilize and begin working towards their educational, employment and recovery goals, and they’re not done yet.

They recently opened their newest social enterprise, Dan’s Diner. It’s more than just a place to eat food. It’s also a community that offers at-risk youth a chance to gain valuable culinary and life skills. Under the direction of professional chefs, trainees learn to repurpose donated surplus food into nutritious meals.

I often think of who survives and who doesn’t, and how, but for fortune, some of us have the privilege to continue to exist and some are taken away. It reminds me of some strong and powerful words from ’60s poet, activist and singer Phil Ochs, who also suffered from alcoholism and died from that disease. “There But for Fortune” is his song.

“Show me the alley, show me the train
Show me the hobo who sleeps out in the rain
And I’ll show you a young man with so many reasons why
And there but for fortune go you or I
Show me the whiskey stains on the floor
Show me the drunkard as he stumbles out the door
And I’ll show you a young man with so many reasons why
There but for fortune go you or I
Show me the country where bombs had to fall
Show me the ruins of the buildings once so tall
And I’ll show you a young land with so many reasons why
And there but for fortune go you and I.”

Dan’s Legacy, we wish you continued success in your journey.

Oral Questions

ACCESS TO CANCER CARE SERVICES

K. Falcon: Under this Premier’s watch, B.C.’s once world-leading cancer care system has dramatically de­teriorated, plummeting to some of the worst wait times in the country.

[10:25 a.m.]

It’s gotten so bad that the NDP are now outsourcing cancer patients to the United States for treatment, something we haven’t seen since the last time the NDP was in power in the 1990s.

The daily reality for cancer patients is endless waiting, deteriorating health and lives lost because of the tragic failure to provide basic access to cancer care.

Can the Premier tell us why it is only under NDP governments that British Columbians are forced to go to the United States to receive basic, timely cancer care?

Hon. A. Dix: The government, as you know, and as the member will know, instituted its ten-year cancer plan earlier this year. There was and is a very significant investment in our cancer system, one that has not been seen since the 1990s, an investment in every aspect of our cancer system.

I just want to report to the Leader of the Opposition that since April 1, 61 doctors, oncologists, have been hired and 29 radiation specialists have been hired. This shows the effectiveness of a health human resources policy focused on addressing the needs of British Columbians now and in the future.

He will know and everyone will know that we’re going to go, between now and the next ten years, from 30,000 diagnoses of cancer to 45,000. That’s why we’re investing now and throughout the next ten years to ensure that British Columbia has a cancer system it needs now and in the future.

Mr. Speaker: Leader of the Official Opposition, supplemental.

K. Falcon: I’m sure British Columbians feel comforted knowing that after seven years of government, the NDP finally introduced a ten-year cancer plan.

The reality is that B.C. cancer wait times are now among the worst. New documents reveal that the Premier’s band-aid response to the crisis is grossly underdelivering and failing to meet their own targets they set.

The opposition has acquired documents revealing that half a year in, not only has cancer care gotten to the point where they are outsourcing patients to hospitals in the United States, what makes it even worse is that they can’t even send the number of patients that they’ve contracted for. An average of 12 patients a week have been treated in the United States. It’s not even close to the over 50 patients per week that the NDP contracted with U.S. hospitals for.

My question to the Premier: after seven years of mismanaging our health care system, how can the Premier stand here and pretend cancer care is a priority when patients are literally dying on wait-lists, waiting to get basic cancer care?

Hon. A. Dix: What the member is referring to is radiation therapy. And yes, we contracted with facilities in Bellingham because while we’re doing, I think, a very significant and important investment in cancer care, we want to ensure that people who need care now get it.

That contract, as the member will know, is for up to 50 patients a week. We wanted to have that capacity, and patients in the hundreds have gone to the United States and got that treatment. It just shows our determination to act in every element of cancer care.

I might note, for example, on diagnostic care that the only PET-CT scanners that existed when I became Minister of Health were in Vancouver. We’ve added in Kelowna and Victoria. We’re adding in multiple other communities as we add cancer centres in Nanaimo and in Kamloops and in Burnaby and in Surrey.

This is building out the cancer system we need now and in the future, and we’re going to continue to do it.

Mr. Speaker: Leader of the Official Opposition, second supplemental.

K. Falcon: Six months into the NDP’s outsourcing of B.C. cancer patients to the U.S., we’re now seeing it’s a glaring failure, resulting in less than a quarter of those that it was supposed to help actually getting the treatment.

Repeated NDP mismanagement of our cancer care system has hurt patients like Allison Decluzeau. Diagnosed with stage 4 abdominal cancer, she faced the shocking reality in B.C. and was told to get her affairs in order, to prepare for the end of her life, not to get treatment. Allison, abandoned by B.C.’s cancer care system, found immediate life-saving treatment in the United States, fortunately.

In her words, under this NDP Premier, “universal health care does not exist. It’s do-it-yourself health care and GoFundMe health care.”

My question to the Premier, how many more patients like Allison must suffer before they can get the basic access to cancer care that they deserve?

[10:30 a.m.]

Hon. A. Dix: It’s my view, and it has been our direction and our policy, to add resources throughout our cancer centre system.

As I noted to the Leader of the Opposition in response to his first question, we’ve added, since April 1, on oncology alone, 61 oncologists. We continue to invest in every aspect of our cancer centre system — adding a lung cancer screening program, building new cancer centres, adding new diagnostic equipment. We’re going to continue to do that work together.

We know that we have a growing and an aging population, and we’re responding to that with a massive and comprehensive response. We’re going to continue to do this. This contrasts with the underinvestment in cancer that occurred for at least a decade prior to my becoming Minister of Health.

We’re going to continue to invest and continue to support people, because just the story raised by the hon. Leader of the Opposition, I think, shows, when people need care, the absolute need to provide it.

S. Bond: Well, one thing we know, and the minister knows, is that cancer can’t wait. This minister, this government made a promise to British Columbians, and they have failed abysmally. In fact, the outsourcing of B.C. patients is a failure.

In fact, Interior Health has seen zero patients treated, and Northern Health 14 after six months. Every day — it’s not just Allison — we hear more heart-wrenching stories of pain and neglect.

Let’s look at the story of Kristen Logan, a stage 4 ovarian cancer patient. She was confronted with systemic failures and delays in B.C. Kristen had no choice but to self-fund her treatment in the United States. Here’s what she said. These are her words: “Our health care system isn’t tripping over minor hurdles. It’s plummeting off a cliff. We’re not dealing with occasional misses; we’re grappling with neglect that has become the norm.”

To the minister, today patients like Kristen and Allison must suffer before British Columbians get a chance to get the cancer care they need and deserve at home. What will he do for patients like Kristen and Allison?

Hon. A. Dix: What we’re doing is action at every level: a health human resources plan that is succeeding in hiring doctors and nurses, oncologists and health sciences professionals and health care workers. We’re building out team-based care in cancer care.

The member talks about Interior Health. The reason for that, the reason why Interior Health isn’t involved in that program, is that wait times are dramatically less in Interior Health — that is a fact — for radiation therapy, which is a specific type of therapy which we’re addressing with the Bellingham initiative.

Hundreds of people have gone to Bellingham who need care. And the hon. member…. That just demonstrates our determination to act now and to take the steps in the future to continue and to build out the cancer centre we need in the coming decade, when demand for cancer care is absolutely going to increase.

Mr. Speaker: Member, supplemental.

S. Bond: Well, in fact, the minister was warned over and over again, including by specialists in this province, that we are going to face a tsunami of stage 4 cancer cases. That’s under his watch.

As we look at the outsourcing of B.C. cancer patients, the system continues to collapse. The minister can say what he will, but when we look at the failed screening numbers for people travelling to the United States, the major reason is that they don’t want treatment in the United States. They want treatment at home. That is this minister’s responsibility.

Imagine. They actually refused treatment in the United States because they believe they should be treated here in British Columbia.

Let’s look at how Kristen reacted to what the minister said, and his answers today are another primary example of it: “I couldn’t believe how he just completely was careless and lacking any kind of accountability. His response didn’t say to me, ‘Yes, we know there’s a problem, and we’re working on them.’ It was just kind of like, ‘Yeah, stuff happens.’”

The Health Minister has a chance today. He has a chance today to get up and speak directly to Kristen and Allison and hundreds of other cancer patients who are suffering and waiting for treatment in British Columbia.

[10:35 a.m.]

Will the minister get up today and acknowledge his failure when it comes to cases like Kristen’s and Allison’s?

Hon. A. Dix: Cancer affects every family. It affects my own, and it affects every family in British Columbia. That is why I think the massive actions we’re taking to recruit, to train, to provide better cancer services for people are so important.

With respect to, for example, rural British Columbia, there’s never been adequate support for people who need to travel for care. We only have, in British Columbia, the five cancer centres, and people have to travel for care. We put in place, with Hope Air and the Canadian Cancer Society, a program to substantially assist people — not only them but their family members — in travelling to get cancer care in our province.

We are adding in regions of B.C., in Nanaimo, in Kamloops, in Surrey and in Burnaby.

Interjections.

Hon. A. Dix: Well, the Kamloops MLAs are heckling. There wasn’t a cancer centre that I know of between 2001 and 2017. No proposals at all.

Interjections.

Mr. Speaker: Members.

Hon. A. Dix: There was nothing on the table when I became Minister of Health.

Building out a cancer centre….

Interjections.

Mr. Speaker: Members. Members, please.

Hon. A. Dix: It’s why it’s so important when I talk to people in the Interior and on Vancouver Island. It’s why people repeatedly come up and say how important it is for them to have PET-CT scanners in their communities. Why that affects their experience of cancer care, their ability to get diagnosis, their ability to avoid…. For many people in the province….

Diagnosis is part of the treatment process, and it’s very important. I thought that’s what the members were asking about. What we have is a ten-year cancer plan that is comprehensive in its response to an issue that is challenging and will continue to be challenging in the years to come. That’s why we are massively investing in public health care after, frankly, a decade of inaction.

Mr. Speaker: Thank you. The member will conclude.

Hon. A. Dix: That’s why we’re taking action now with a ten-year cancer plan that will address care for people across British Columbia.

RCMP COMMUNITY-INDUSTRY
RESPONSE GROUP FUNDING

A. Olsen: We’ve seen this Minister of Public Safety’s response to protecting the Premier’s pipelines. He stood up a special unit called the community-industry response group. C-IRG, as it’s known as to police and Indigenous people. It has a gold commander. It was a temporary unit, but now it’s got some permanent members.

We’ve seen the videos of this unit violently arrest my relatives. One of my friends and relatives was tackled to the ground. Another relative of mine, drum in hand, walking on a public road, far, far away from potential tree cutting, also tackled by a group of RCMP police linebackers.

Can the minister let this House know how much he’s spent? Round numbers are fine. Is it $30 million, $40 million or $50 million on his special gold commander to harass, tackle and arrest Indigenous people in their own territory?

Hon. M. Farnworth: I appreciate the question from the member.

The member knows, because he has asked this question before, that the C-IRG, as he refers to it, is set up and is based to deal with the challenges that have been brought forward in terms of the enforcement around the injunctions that have been put in place by the court.

The money that was budgeted — I think it’s around $23 million — was based on an average that has been spent over the last three years. It is there to anticipate the expense that’s going to be required to deal with the court injunctions that have been in place or that have been granted by the courts and the responsibility for police to do the enforcement of those court injunctions. The amount of money that will be spent will be dependent on the amount of activity they have to deal with.

[10:40 a.m.]

Mr. Speaker: Member, supplemental.

POLICE FUNDING PRIORITIES
AND ACTION ON MISSING AND MURDERED
INDIGENOUS WOMEN AND CHILDREN

A. Olsen: The reconciliation path that we’re walking is an attempt to escape our colonial history, but apparently, this B.C. NDP government just can’t let it go.

We know that the Minister of Public Safety has actually spent $50 million on a special unit led by a gold commander with a militarized emergency response team, community liaisons. He’s got the courts, injunctions, judges.

However, when it comes to missing and murdered Indigenous women, girls and boys and our children, that’s where the NDP actually show where they really stand, because that money, as paltry as it is, is buried under bureaucratic paperwork.

No gold commander. No special investigators. No team of special prosecutors. They just want Indigenous people to join them in their pipe ceremony and make them celebrate it as progressive. Meanwhile, the missing and murdered Indigenous babies, well, we’re on our own for that. Abandoned.

When will the Minister of Public Safety spend as much lifting our people up as he is spending pushing them down?

Hon. M. Farnworth: I’ll say this to the member. Every member in this House takes missing and murdered Indigenous women and girls very seriously. That’s why we’ve made initiatives. That’s why we are on the path of reconciliation. It’s not just about ceremonial and territorial acknowledgments. It’s about real actions.

Interjection.

Mr. Speaker: Member. Member, please.

Hon. M. Farnworth: The member knows that there are a number of different actions that have been taken. The member knows that the court system are the ones who give injunctions and say that those injunctions need to be enforced, and that’s the police’s responsibility.

At the same time, police do investigate. We expect them to investigate cases of murdered and missing Indigenous women and girls.

Interjection.

Mr. Speaker: Member. Member, let the minister complete his answer please.

Hon. M. Farnworth: I can tell the hon. member, be­cause we had that meeting yesterday, that my ministry indicated they were going to look at some of the things that we discussed in terms of how they could be implemented, and also made it very clear, as did the Minister of Indigenous Relations and Reconciliation, initiatives in his ministry in terms of funding that would be available.

To somehow suggest that we don’t care, or that we’re not interested, or they’re not doing anything is just wrong, and the member knows that.

GOVERNMENT ACTION ON ISSUES
IN HEALTH CARE SYSTEM

B. Banman: Last month my daughter was admitted to the Abbotsford Hospital for several weeks due to a sudden life-threatening medical issue. Like any father, I was deeply concerned, and I spent as much time as I could by her side.

When I dropped by to see her at the hospital in Abbotsford, I was shocked to find bed after bed after bed of patients lined up against the walls in the hallway of the hospital. I was reminded of a Third World country.

I was also shocked to hear that her bathroom was being used by the very same patients in the hallways. On another visit, there was human feces on the floor of the bathroom in her unit and had been there for hours and hours. I was told that the bathroom wasn’t getting cleaned because there was not enough staff. I even considered cleaning the bathroom myself.

My question to the Health Minister: should patients and their families be expected to quite literally clean up after this NDP’s government health care staffing crisis?

[10:45 a.m.]

Hon. A. Dix: The first thing I would say is to express our strong feelings of sympathy to the hon. member and to his daughter under these very difficult circumstances.

The member will know, as all members of the House know, how open my door is to people coming and talking to me about individual issues. I won’t say more about it except to say that I know that all members of the House are affected by these things, and many families in B.C. are affected by them.

It’s why, with respect to our acute care system, we continue to take exceptional action, especially with respect to health human resources and especially with respect, across the communities, to supporting people who keep our hospitals clean and keep people fed in our hospitals.

We have added 38,000 people net to our health care system since I’ve been Minister of Health. I’ve met with people, including a day of meetings at Abbotsford Regional General Hospital, where I’ve heard from people. I say that to them, and we all agree that it doesn’t feel that way and that we have to continue to take actions to do so.

It’s why, particularly with respect to cleaning, to housekeeping and to food, we’ve repatriated contracts, because, as the member will know, people in those sectors were being paid poverty wages from 2002 to that time, in order to do that work.

We have to continue to do that work. I am very committed to Abbotsford Regional General Hospital and working with the staff there. I’ve been there personally and engaged with staff for a full day. We’ll continue to do that work together.

Mr. Speaker: Member, supplemental.

B. Banman: When I spoke with the doctors and the nurses at the hospital in Abbotsford, they expressed their deep concern to me about the state of chaos within our current health care system.

The single thing they made me promise was not to use their names if I brought their concerns forward to this House. They were genuinely concerned about retribution and retaliation. Clearly, this has become a toxic work environment.

My question to the Health Minister: will he commit to starting an anonymous forum, open for the public to see, where health care workers and the public can share honest feedback about the problems our health care system is facing, yes or no?

Hon. A. Dix: There are systems that this House has put in place, including the previous government, to allow people to make complaints and to have those complaints treated anonymously.

Equally, we’re doing, I think, more than that. The member will know, particularly with respect to Indigenous people, the need to make fundamental changes in institutions across society. That was reflected in the In Plain Sight report, which is a significant report that the government received.

As we speak, there’s a significant discussion that in­volves health care workers, Indigenous communities and people across British Columbia around establishing principles of restorative justice, because what people don’t need — those people especially who feel that they can’t make complaint, and that’s frequently and disproportionately Indigenous people in this province — is confrontation.

What they do need are processes that will lead to better results and lead to a sense of justice and involvement. That’s precisely what the government is doing.

CLEANBC PLAN AND MINING INDUSTRY

T. Shypitka: Last week the Energy Minister’s leaked confidential memo said that the Premier needed help understanding the scale of his own cost B.C. scheme. Well, I’m here to offer a little advice and a little help to the Premier. It’s pretty simple. In order to electrify the economy, you need mining.

Copper, nickel, graphite, lithium, rare earth elements — the list goes on. B.C. has at least 16 of the world’s 31 critical minerals and metals. We just can’t get them out of the ground.

B.C. was once regarded as the world’s mining headquarters, but now we’re just a shell of our former self with no critical mineral strategy, an unbalanced carbon tax that punishes B.C. mining exports and a cost B.C. scheme that is literally killing hundreds of thousands of jobs, more than thousands in the mining sector alone. This all means fewer local jobs, a shrinking economy and more global emissions.

Why is the Premier pushing a cost B.C. scheme that will destroy thousands of mining jobs and cancel projects that are critically needed to electrify our economy?

[10:50 a.m.]

Hon. G. Heyman: Exploration for new mines is at a ten-year high in British Columbia. We have a critical minerals strategy.

The Minister of Energy and Mines and I and some of our colleagues have visited and had very exciting conversations with existing mines in British Columbia over the last year as well as with proponents seeking to start new mines. We established the clean energy and major projects office to attract critical minerals investment in British Columbia.

We recently had very productive meetings with the Mining Association of British Columbia around the new B.C. output-based pricing system to ensure that they could attract investment and would remain competitive.

Out of the proceeds of the carbon tax, we have co-capitalized very significant emission reduction projects in mines around British Columbia. That has led to significant emission reductions, greater profitability as well as the ability of these mines to market their commodities as low carbon.

We’ll continue that work.

LNG PROJECTS AND
FIRST NATIONS ECONOMIC DEVELOPMENT

E. Ross: Yesterday in question period, the NDP Premier said the LNG industry is worn out. This has to be the most condescending and most disrespectful statement I’ve ever heard in this House.

Interjections.

Mr. Speaker: Members, let’s hear the question, please.

E. Ross: It was First Nations that brought LNG to this House in 2004. Do you know why? I’ve repeated this many times. Because everything else we tried to do to resolve poverty failed. Do you understand what that means? Do you understand what the violence of poverty means, instead of laughing about it?

Unemployment. Poverty. Children going into government care. Suicide. That’s what every First Nation was trying to do, from Prince George to Kitimat, in pushing LNG exports. And guess what. It worked. From 2004 to 2017, we resolved these issues with no government programs. It wasn’t just words like what we’re seeing now.

To say that LNG is worn out…. You’re talking about Haisla Cedar. You’re talking about Nisg̱a’a Ksi Lisims LNG exports. You’re talking about McLeod Lake.

It’s not a worn-out industry. It’s uplifting B.C., and it’s resolving Canada’s shame, the poverty of First Nations.

In the meantime, the cost B.C. plan by the NDP Premier would rather ignore the LNG initiatives that were brought here by First Nations. Instead of giving them the power they need to electrify and to export the fuel that the world needs, it’s complete and utter disregard and disrespect.

My question to the Premier: how can the Premier possibly defend a plan that will kill the LNG initiatives instead of electrifying them?

Hon. G. Heyman: I think the member opposite should know better than to misquote the Premier in the House.

Hansard is clear. Nobody has referred….

Interjections.

Mr. Speaker: Members. Members.

Hon. G. Heyman: Well, that’s right.

I heard the members opposite. The Premier’s comment was about the worn-out, ineffectual, no results boosterism of former Premier Christy Clark.

This government….

Interjection.

Mr. Speaker: Member.

Hon. G. Heyman: There are some people who say we should have unlimited development, no matter the environmental cost. There are other people who say you can’t develop certain resources, because you can’t manage the environmental impacts. We say they’re both wrong.

We have a climate plan. We said when we were in opposition and we said when we were in government that LNG had to fit within that plan. It is not easy, but we have worked with the industry.

Interjections.

Mr. Speaker: Shhh, Members.

Hon. G. Heyman: We worked with the Haisla around Cedar LNG.

[10:55 a.m.]

We are working with the industry to put in a regulatory cap on emissions to ensure that, through electrification and other means, they fit within our emission reduction targets, while still contributing to the economy of British Columbia. We will continue to do that no matter what members opposite say, because we are getting results.

[End of question period.]

Interjection.

Mr. Speaker: It was a long question, Member. Before you say wow….

Don’t be judgmental of the Chair.

[Mr. Speaker rose.]

Interjections.

Mr. Speaker: Members. Members.

The Chair has decided the question period. Don’t be judgmental, okay. Don’t argue with the Chair. If you want to talk to the Chair, you can come and see me. Then we can take the next action on your disrespectful way of dealing with the Chair.

Interjection.

Mr. Speaker: Member, take a seat.

Tabling Documents

Mr. Speaker: Members, I have the honour of tabling the Auditor General’s report Summary Financial Statements Audit: Supporting the Role of MLAs.

[Mr. Speaker resumed his seat.]

Question of Privilege

R. Merrifield: Today I rise to address a matter of great concern, one that strikes at the very heart of our democratic principles and the integrity of this esteemed House. I rise to address the point of privilege, as I noted, on Nov­ember 20.

On November 20, the Premier made statements in this chamber that not only purposefully misconstrued my words but, more importantly, intentionally misled this House and the people of British Columbia.

On Monday, November 20, during question period, the Premier said in response to my question on reducing the taxes on home heating: “That very member was on a UDI panel, where she said that the secret sauce of developers in her area, like her, was restricting the supply of housing…. That’s what she said the secret sauce of developers like her was in her area. So if there’s not enough housing in Kelowna, then she should look in the mirror.”

When I looked across the floor and asked the Premier for the receipts on this quote, he replied: “I will send you the video, Renee.”

I went searching for that video. I couldn’t remember ever having said anything of that nature. I found the video, and I posted it right next to the answer to my question on QP.

The actual UDI panel video that he was referring to was from April 24, 2020. I remind this House that it was right at the beginning of the COVID-19 crisis. We were in lockdown. We had very little understanding of the pandemic, the effects or where things were going to go.

In that video, the interviewer asks me:

“Is Kelowna a special case, so to speak? Is there something about the market that’s unique, that equips it or will help it or provide it with an advantage to move through this crisis more effectively than other markets in the province or in the country? Renee, maybe you could start us off on that.”

My response was:

“Well, I would say that one of the factors is sitting on your screen. The Urban Development Institute and the developers and suppliers and contractors and builders and consultants that form this association have always been incredibly collaborative. I always say that we have one of the best sandboxes in all of Canada. We work well together. We talk to each other. We figure out who’s who in the zoo. We’re careful not to supply certain markets. We share ideas, and we listen to one another. And that is unique, you know.

“Right now Troika is existing in 13 different municipalities, and I can say that we don’t have the same collaboration in any of the other municipalities that we work in. So this definitely is part of our secret sauce and part of our advantage, absolutely.

“I also think that really, after 2008, we started pushing more heavily into the tech sector. Our economic and job clusters became more around aerospace and tech and really on the education, health care, regional aspects. Those are still firing on all cylinders.

“I think economically, we’ll see ourselves coming out of this a little bit better. I think that the hardest part will be the uniqueness of our tourism industry and our environment. It’s going to be hard hit. The amount of impact that has to the people in those jobs is yet to be seen.”

The Premier accused me of advocating for restricting the supply of housing in Kelowna, citing my participation in this UDI panel. However, his misrepresentation of my words is not just inaccurate. It is a completely purposeful mischaracterization of the truth.

[11:00 a.m.]

The Premier’s quote deliberately omits the context and the essence of my message, which was recorded during the initial weeks of the COVID-19 lockdown in April 2020.

In that discussion, I’m highlighting the collaborative spirit of the Urban Development Institute and its members in Kelowna. My focus was on the unique synergy among developers, suppliers and contractors, and consultants. This collaboration is indeed our secret sauce, but it is not in any way about restricting housing supply. On the contrary, it’s about ensuring a balanced and adequate provision of all housing products. It’s about working together to address the housing needs of our community, not limiting them.

My words and intention were the exact opposite of how the Premier purposefully mischaracterized my statement. The Premier’s statement twisted my words and the reality of our efforts in Kelowna. It painted a picture of selfishness and manipulation, whereas the truth is one of cooperation and responsible development.

This misrepresentation not only undermines my credibility but also casts a shadow over the hardworking members of the housing industry, UDI and the Kelowna community, who have been diligently working to support the housing needs of our region.

Furthermore, the Premier looked at me and told me that he would “send me,” Renee, “the video.” It was the only way that I knew where to look for what he was referring to, as I was distraught by his character assassination and felt compelled to defend myself. The Premier knew what I had actually said and misrepresented the truth.

In these challenging times when our province faces unprecedented challenges, including those in our housing market and the crisis that has ensued, it is imperative that our discussions and debates in this House are grounded in truth and integrity. Misleading the House, whether by omission or distortion, hampers our collective ability to address the issues facing our constituents.

This incident not only concerns my personal integrity but also raises a broader, more crucial issue: the sanctity of our words and the standards of this esteemed institution.

As legislators, we are entrusted with a profound responsibility. Our words spoken in this House carry the weight of our offices and the trust of the people who elect us. Misrepresenting facts, engaging in petty attacks and twisting words for political gain do not just harm individuals; they erode the very foundation of our democracy.

The government’s actions, as demonstrated by the Premier’s recent misleading statement, are part of a troubling pattern. Such tactics aim to discredit and diminish others in this House, undermining the collaborative and respectful environment that is essential for effective governance.

When members of this government stoop to such levels, it reflects poorly not just on them but on all of us as public servants. It diminishes public trust and respect for this institution, a consequence we cannot afford in these trying times. We must stand united against this tide of pettiness and misinformation.

It is incumbent upon us as elected officials to uphold the highest standards of integrity and honesty. The people of British Columbia expect and deserve nothing less from their representatives. When we allow misleading statements and personal attacks to go unchecked, we fail in our duty to our constituents and to the principles of this parliament.

As we head into an election year, it’s disheartening to witness the increasing prevalence of vicious and misleading personal attacks in our political discourse. These tactics threaten the very foundation of our democracy by diverting attention away from the substantive policy debates and erodes public trust in our institutions. Instead of focusing on the defense of policy and working diligently to represent the constituents we serve, some have chosen the path of divisive rhetoric and character assassination. Such tactics undermine the principles of transparency, accountability and respect that our democracy relies upon.

[11:05 a.m.]

And women get it worse. Don’t get me wrong; I am strong. I have lived and succeeded in a male-dominated industry for the last 25 years. I have been held to a different standard than all of my male counterparts. I’ve been excluded from inner circles of cigar-smoking, Scotch-drinking backrooms and still succeeded. I have earned my way into those places and spaces and have been the recipient of champions who have seen me, my acumen, my intelligence and my sheer grit and determination and allowed me in.

But this place? This place is far worse. Only as we stand up for ourselves, for the truth of who we are and all that we have accomplished before coming to this place and our roles, against the false accusation and purposeful misrepresentation can we change how people are treated inside of these walls.

It is our responsibility as elected officials to uphold the values of a healthy democracy and prioritize the needs of the people we represent over partisan theatrics. Our constituents deserve better than the erosion of civil discourse, and we must remain steadfast in our commitment to the democratic process.

It is high time that we, as a legislative body, reaffirm our commitment to truthfulness, respect and decorum in our proceedings. We must resist the allure of easy political points scored at the expense of truth and collegiality. Instead, let us focus on the constructive debate, fact-based discussions and solutions that serve the best interests of all British Columbians.

To the government and all members of this House: I urge you to reflect on the impact of your words and actions. Let us not forget the honour and responsibility that come with our roles, and let us strive always to conduct ourselves in a manner befitting this noble institution.

And to the Premier, I call upon him to retract his misleading statements and offer a correct representation of the facts.

Today I am standing up for myself, for the people of Kelowna and, indeed, all British Columbians, who deserve a truthful and respectful discourse, especially within these walls, where the highest standards of integrity and honesty should be upheld.

Thank you, Mr. Speaker.

Mr. Speaker: Members, question of privilege is a very serious matter. I will give an opportunity for the Premier to respond and will thereafter return to the House with a ruling.

Petitions

B. Stewart: I rise today to present a petition of over 1,000 signatures collected throughout the Okanagan by Ensuring Accessible Communication for all.

“We, the undersigned British Columbians, respectfully request that the B.C. government take immediate action to ensure accessible communication for all residents in any and all emergencies.”

I highlight that during the wildfires, this was an issue in the West Kelowna–McDougall fire.

R. Parmar: During question period, there were members from Willway Elementary, the Willway Wolverines. Unfortunately, just at the end of question period, they had to step back to get back to their tour.

Mr. Speaker: Member, are you asking for leave?

R. Parmar: Sorry. My apologies. I seek leave to make an introduction.

Leave granted.

Introductions by Members

R. Parmar: We’ll consider that a rookie mistake, Mr. Speaker.

I wanted to take this opportunity to recognize that during question period, we had Ms. McIndoe’s grades 4-5 class from Willway Elementary, the Willway Wolverines. I just want to acknowledge the incredible work that Ms. McIndoe does in the Sooke school district.

I know there’ll be a second group in this afternoon. Will the House just make them all feel very welcome.

Orders of the Day

Hon. R. Kahlon: In this chamber, I call Committee of the Whole, Bill 48, Labour Statues Amendment Act.

In the Douglas Fir Committee Room, I call Committee of the Whole, Bill 44, Housing Statutes (Residential Development) Amendment Act.

[11:10 a.m.]

Committee of the Whole House

BILL 48 — LABOUR STATUTES
AMENDMENT ACT, 2023

(continued)

The House in Committee of the Whole (Section B) on Bill 48; S. Chandra Herbert in the chair.

The committee met at 11:13 a.m.

On clause 3 (continued).

The Chair: All right, Members. Let’s get this committee into session.

We’re looking at Bill 48, Labour Statutes Amendment Act, 2023.

G. Kyllo: Yesterday evening as we were just rising for lunch, the minister provided a response with respect to what was, I guess, the minister’s interpretation of a real attempt in order to provide notification to impacted workers.

Just as a follow-up to that, I did ask the question whether a series of emails or phone calls that may go unanswered — if that was sufficient to satisfy this new requirement, as the minister has indicated, to satisfy what he would identify as a real attempt, or is there a requirement and an obligation for somebody to actually speak directly to the individual involved and make that personal contact before making the determination to move forward and, basically, reject the claim that was brought forward?

Can the minister provide any additional confirmation on exactly what a real attempt would actually entail?

[11:15 a.m.]

Hon. H. Bains: I think the way to contact or the mode of contact — emails, phone calls — would all be part of the policy.

I am advised that the director will develop a policy so that it is consistently applied, so that every officer who is dealing with cases such as this has a certain policy to follow — not that somebody just sent two emails and said, “I couldn’t contact them; someone else made further attempts,” and then they decided. I think there will be a certain level of attempts and contacts by the officers to contact the person.

Again, as I said to the member yesterday, the idea be­hind here is…. If the officer or the director, I think, in this case, feels that there is no evidence…. For example, the wage is already paid. They have the evidence that the wage is already paid. Now they see no further claim to continue on to investigate. Now they cannot contact the person, as well, after repeated attempts. I think that’s when they would have the ability to drop it.

I made sure…. If they have evidence to show that there are wages still to be paid, and there’s a strong case there, then the officer will continue with that investigation.

Again, the intent here is…. There is no evidence, and they can’t contact the person after repeated attempts. Repeated attempts means…. There will be a certain policy developed by the executive director or the department so that everyone can follow that and it is consistent all across.

G. Kyllo: Does this provision not already exist within the labour standards act? Is there not already a policy that exists with relation to the mode or means of contact for individuals that have activated a complaint?

Hon. H. Bains: As we see, what is being proposed under this certain section here…. This policy did not exist. If they fail to contact a complainant, then they have the ability to drop their claim. We are putting that in. There will be a policy developed.

[11:20 a.m.]

What does it mean by real attempts to contact? My expectation is that if they continue to have strong evidence that the case is still there and the claim has validity behind when originally it was filed, then the director will continue. No one should get away with not complying with a labour law.

I think we canvassed this. It may not be in this form of conversation, but previously. It is to the very few bad employers that we are trying to say: “Look, you cannot take unfair advantage, economic advantage, over good employees. If you fail to obey the law, you are going to pay.”

The investigation will continue if there is strong evidence. But in this case, if there is no evidence, and you can’t contact the worker, then they have the ability to drop the claim.

G. Kyllo: I appreciate the additional clarification from the minister. Can the minister confirm that this provision will impact all employees that are subject to, or, I guess, entitled to, provisions under the Labour Statutes Amendment Act?

Hon. H. Bains: This is for all employees. It is an amendment to the Employment Standards Act and applies to all employees in our province.

G. Kyllo: Great. I appreciate the response from the minister. I think it’s just important to note that this particular amendment and the amendments set out in this particular bill, Bill 48, will not only impact just this new stream of workers that has been the area of most of our inquiry over the last number of days, but all employees in the province.

Having said that, as a further inquiry with the minister, can the minister confirm that the Labour Statutes Act and the provisions that are in this bill, which are making changes, also will have force and effect, and all employees in British Columbia would be entitled to the provisions of that act?

I think it’s important to clarify that…. It’s certainly my understanding that all employees, once deemed and determined and defined as being an employee, would have the ability to have access to all the provisions of the Labour Act. It’s not necessarily at the minister’s prerogative to do a carve-out or to identify or establish that only certain portions of the Labour Act would apply to a subset of employees.

I just want to confirm that the Labour Act would apply to all employees in British Columbia.

Hon. H. Bains: I will reconfirm that this section here…. I’m sure the member was listening word-for-word to my second reading speech here in this House. I clarified that there are a couple of sections in here, clause 3, and then there’s another one, temporary foreign workers…. They are amendments to the Employment Standards Act, and they apply to all workers who are covered by these acts. These sections will apply to all employees, not just the ride-hail or the food delivery.

[11:25 a.m.]

G. Kyllo: I appreciate that, and I know it was covered under section 2, where it is the definition relative to “on­line platform worker is to be considered an employee, whether or not the online platform worker is an employee under any law.”

I wanted to clarify that this new classification or the determination of the minister that online platform workers will be determined an employee that will no longer be determined by the minister to be considered an independent contractor…. With this new definition of an employee, these workers would be entitled to all of the statutes and protections that are provided under the Employment Standards Act.

Hon. H. Bains: Let me make this clear. Bill 48 largely was brought in to deal with ride-hail and food delivery workers, to provide them the basic minimum standards and WCB coverage. But there are also a couple of clauses in here to amend the Employment Standards Act, which applies to all workers in this province, so that our employment standards branch and their work can become more efficient.

G. Kyllo: I appreciate the response from the minister. Maybe I can pose the question this way.

With the new definition that is now being established under Bill 48 for employees that are currently subcontractors working for online platforms, largely ride-hail and delivery service companies, this new definition that has now determined that they will be considered an employee…. As an employee, will those workers be entitled to all the protections and provisions as set out in the Employment Standards Act?

Hon. H. Bains: I think there were two or three times that I already answered this question.

We have clauses in this bill to deal specifically with the ride-hail and food delivery, and we dealt with them in the previous section that the member has referred to. This section is just like coming in here and amending the Employment Standards Act, which covers all workers in this province.

If you will, there are two sections to the bill. One is to deal with the ride-hail and food delivery workers — how we provide them protection — and the others are to amend the Employment Standards Act to make their work a bit more efficient, as is the case in this particular clause, and also to harmonize temporary foreign workers.

In the employment standards, there are a couple of areas that were not in sync with each other. We could talk about that when you get to the clause. That is to deal with that. This is not specifically for ride-hail or food delivery. Those sections are separate, and this is just to amend the Employment Standards Act, which applies to all workers.

G. Kyllo: Can the minister confirm, then, that ride-hail and food service delivery workers as covered and set out and defined under Bill 48 will not be entitled to all the protections provided under the Employment Standards Act?

The Chair: I think just for clarity, 1 and 2 relate more directly to online platform workers. No. 3 relates specifically to the Employment Standards Act.

I’ll leave it there, because we’re starting to go in the same path with the same questions we’ve had before.

Hon. H. Bains: That’s exactly what my answer was going to be — that we have dealt with ride-hail with the earlier two sections, ride-hail and food delivery. They apply specifically to those workers. This section here applies to all employees in this province.

[11:30 a.m.]

There is another section which we will be dealing with later: the Temporary Foreign Worker Protection Act. We are bringing some of the parts of the employment standards that cover the temporary foreign workers and other workers to make sure that they all are harmonized and dealt with in a similar fashion.

I think we’ve canvassed this quite a bit. There are sections here for the ride-hail and food delivery, but this one is for all workers.

G. Kyllo: I do appreciate the minister’s response, but the question…. Maybe the minister feels that he has provided the answer, but I’m still just trying to seek some clarification.

We have an Employment Standards Act, and my question is: with the definition of “employee” under this bill, will those workers be availed of the protections under the Employment Standards Act, or is there only a subset of those protections that are going to be afforded this new classification of workers?

The reason, with all due respect, that I’m asking the questions…. The definition of “employee” as set out in Bill 48 is fairly specific, but I don’t see where there’s any consideration, especially in this bill, that sets out a differentiation between a subset of workers. It was certainly my understanding that if you’re an employee in this province, you would be afforded the protection of all of the different provisions of the Employment Standards Act.

If that’s not the case, if there are only specific areas that are covered, I’d certainly appreciate that clarification from the minister.

The Chair: I would just say that we are going backwards to more general discussion of the bill. We are specifically on clause 3, so the Chair would appreciate questions specific to clause 3, as opposed to more general questions about the bill, which we dealt with under clause 1. So if there are specific questions on clause 3, that would be the appropriate question to be asked.

Clauses 3 and 4 approved.

On clause 5.

G. Kyllo: I’m sure that there will be ample opportunity in these further sections to seek the clarification that I was looking for under section 3.

In any event, can the minister explain why this specific clause provides power to the Lieutenant-Governor-in-Council to make regulations regarding the Employment Standards Act, why it will not commence until the LG-in-Council makes the regulations? I’m just trying to better understand the timing and the implications of that.

Hon. H. Bains: As I said before, this bill, if passed, when passed and royal assent is given, will give us the ability and enable us to engage in developing regulations. That’s what this clause is talking about.

By consulting with platform companies, consulting with workers and their advocates, then we would have the regulations to deal with the areas that I had mentioned earlier: pay transparency, cost recovery for work-related expenses, WCB and tips protection. Those will be developed.

[11:35 a.m.]

My expectation is that through consultation…. We have been meeting with the platform companies and the workers and their advocates for the last number of months, so they know what’s coming. Now we want to sit down with them again and see how we can actually gain the information that they have so that we can utilize them to develop the regulations that hopefully will work for all parties concerned.

That’s the whole process here through this clause.

Clause 5 approved.

On clause 6.

G. Kyllo: Can the minister address which new employers are covered under section 28 of the Temporary Foreign Worker Protection Act when the word “registered” is struck out?

Hon. H. Bains: It’s a bit of housekeeping, in my view.

When you say registered employer versus employer, then what challenges it raised for us were on the recordkeeping requirements such as payroll and employment record, currently limited to registered employers and former registered employers. Without the changes, not requiring unregistered employers to keep records raises enforcement challenges when the director of employment standards receives complaints from foreign workers recruited or hired by these employers.

Those who are not registered currently — that’s the challenge we face with them if they have hired temporary foreign workers but the language says the “registered employer” recordkeeping. So we’re just cleaning up the language so it is much more clear that all employers are now required to keep records so that the enforcement becomes a bit more efficient.

G. Kyllo: I appreciate the response.

With this change…. It was my understanding that temporary foreign workers can only work or be employed by registered employers. I appreciate the minister’s comment on making the change.

Would a registered employer still fall within the definition of this new change, which is just an employer? Does the employer category relate to both registered employers and employers that are not registered?

Hon. H. Bains: The foreign workers who are not considered to be temporary foreign workers are employed by employers right now. We just want to make it a general statement that all employers must keep the records that are needed and required to keep so that when the director does an investigation due to a complaint, the records are available.

G. Kyllo: And that definition of “employer” includes or provides the caveat that it also applies not just to employers but also to registered employers?

[11:40 a.m.]

Hon. H. Bains: Yes.

Clause 6 approved.

On clause 7.

G. Kyllo: Section 7, which refers to section 51(1) with this particular change, indicates, “If a person owes an amount to another person under a determination or an order of the tribunal, the person owing the amount must pay interest at the prescribed rate on the amount owed from,” and then it sets out a series of definitions.

I’m just looking for some clarification from the minister. Is there an opportunity for employers to request an appeal? Would this apply only after an appeal provision has been concluded, or would this take place and be put in effect prior to the outcome of an appeal?

[11:45 a.m.]

Hon. H. Bains: The existing section 51(1) of the Temporary Foreign Worker Protection Act requires that in­terest be applied on the amount owed due to a determination that results from a complaint but not from the amount owed when the determination resulted from an investigation initiated by the director of employment standards. There is language in the Employment Standards Act and regulations on how the interest is calculated and when it applies.

It could be determined at the employment standards branch that money is owed and now the interest is owed, or it could go to appeal. If there’s no appeal, that’s where it ends. But if there’s an appeal to the tribunal, then it goes to the tribunal. My understanding is that once the decision is made by the employment standards branch, they collect money in trust. If the decision is overturned, then the money is returned. If it’s held, then the money is going to be paid to the claimant.

There is temporary foreign worker language that’s different than the Employment Standards Act, so we’re trying to line them up so that they both actually work the same way.

Clause 7 approved.

On clause 8.

G. Kyllo: Can the minister explain what is meant by the phrase “specified jobs” in this section and potentially provide some examples?

Hon. H. Bains: I would ask the member to clarify his question because I don’t read “specified jobs,” as the member was reading. He may have meant prescribed work. Maybe the member can clarify that.

G. Kyllo: Yes, my apologies. Yeah, prescribed work.

Hon. H. Bains: We canvassed clause 1 extensively, as the member may recall. What I will say is that clause 1 and clause 8 are almost the same. They are the same, covering two different areas.

There we talked about the Employment Standards Act and then developing regulations to deal with the prescribed work. Here we are talking about WCA, the Workers Compensation Act, and developing regulations to cover these workers under the Workers Compensation Act.

G. Kyllo: Maybe the minister can clarify for me. Will the definitions and the regulation that will be established, as the minister has commented on, in any way guide or inform the WorkSafeBC compensation act?

The changes that are proposed here have impact and change to the Workers Compensation Act. I know that we did canvass in section 1 the definition of “prescribed work,” but that definition will not necessarily — and I certainly stand to be corrected — sit or reside within the Workers Compensation Act. Two separate acts that will not necessarily be looked at in conjunction. So I think it’s worthy of a bit of scrutiny here.

[11:50 a.m.]

With respect to prescribed work, where in the Workers Compensation Act does that definition reside, and where will the Workers Compensation Act be able to provide some clarity with respect to what prescribed work is? Because it is an act that is separate from the Employment Standards Act.

Hon. H. Bains: Just like clause 1, this language will go into the Workers Compensation Act, enabling us to develop regulations. Regulations will describe what prescribed work is, just like we did under the Employment Standards Act.

G. Kyllo: It appears, as the minister has indicated, there will be a new set of regulations also developed with respect to the Workers Compensation Act. It was my understanding earlier on, and I certainly stand to be corrected, that there will be additional regulations that will be brought forward respecting this new classification of worker in the Employment Standards Act. But I was not aware that there will also be new regulations that will be developed from the workers compensation branch.

I think that also kind of leads into a further question I had. The minister has provided clarity that the definition of the online workers would relate only to those that are involved in both ride-hail and service delivery, but the Workers Compensation Act…. Again, being a separate act, will that definition or that clarification be undertaken within the Workers Compensation Act?

It would be my suggestion that that very strict or finite definition would also need to be clarified and updated in the Workers Compensation Act, unless it is the intent of the minister that online workers, as identified and set out in the Workers Compensation Act, will expand to include other workers other than just those that are in ride-hail or food service delivery.

Hon. H. Bains: As we canvassed under clause 1…. Clause 1 will amend the Employment Standards Act to include ride-hail and food delivery workers. And here it’s the same thing under the Workers Compensation Act. Food delivery and ride-hail workers will be covered under this definition for the purpose of the Workers Compensation Act.

Now, the regulation, again, will be developed for this particular act. Then the workers compensation…. Once those employees are registered with workers compensation by the employer, then they will be covered in the Workers Compensation Act.

The Chair: Member for Shuswap, last question. Then we’ll note the hour.

G. Kyllo: Other online platform workers, like those that might be working for Indeed or others — can the minister point to where there’s the carve-out or the exclusion for the requirement or the protection of that classification of online worker? How will companies or workers in that space have assurance that they will not be captured under this broader definition that will be changed within the Workers Compensation Act?

Hon. H. Bains: At this particular time, under the Workers Compensation Act, ride-hail and food delivery workers will be included under this definition. The regulation can be amended later on to include any others who may be excluded. But right now, this is where we are aiming, those two areas, ride-hail workers and food delivery workers — to provide them the workers compensation coverage.

Through regulation, the definition will be, again, crafted just like we talked about earlier on how they will be developed through regulations for the Employment Standards Act.

Noting the hour, I move that the committee rise, report progress and ask leave to say it again.

Motion approved.

The committee rose at 11:55 a.m.

The House resumed; Mr. Speaker in the chair.

Committee of the Whole (Section B), having reported progress, was granted leave to sit again.

Committee of the Whole (Section A), having reported progress, was granted leave to sit again.

Hon. L. Beare moved adjournment of the House.

Motion approved.

Mr. Speaker: This House stands adjourned until 1:30 p.m. today.

The House adjourned at 11:56 a.m.


PROCEEDINGS IN THE
DOUGLAS FIR ROOM

Committee of the Whole House

BILL 44 — HOUSING STATUTES
(RESIDENTIAL DEVELOPMENT)
AMENDMENT ACT, 2023

(continued)

The House in Committee of the Whole (Section A) on Bill 44; H. Yao in the chair.

The committee met at 11:14 a.m.

On clause 15 (continued).

The Chair: Good morning, Members. I call Committee of the Whole on Bill 44, Housing Statues (Residential Development) Amendment Act, 2023, to order.

P. Milobar: I’m just waiting to see if my colleague might also have some questions. But just one following question on clause 15 that we were talking about yesterday.

The rules are going to be set out. This is giving the minister the ability to do that. Will these provisions also apply to bare land condos? It’s going to be very prescriptive and directive to municipalities what they can or cannot allow on single-family lots. But on bare land condo lots, you could have a case where a strata doesn’t want it; someone wants to on their bare land. Will that be captured by this as well, or will those be status quo?

[11:15 a.m.]

Hon. R. Kahlon: Only if it’s zoned for single family or duplex zoning.

A. Walker: The policy guidelines that are the power that’s granted to the minister under this clause…. Have those guidelines been developed yet?

Hon. R. Kahlon: We canvassed this yesterday, so asked and answered.

A. Walker: We discussed extensively the design of the buildings. What I’m wondering is the policy guidelines specifically for developing and adopting a municipal government — the policy and process that they develop and move forward the rezoning under 41.3. I’m just wondering if that guideline has been developed yet.

Hon. R. Kahlon: Respectfully, asked and answered yesterday, a couple of times.

A. Walker: I’ll have to go back through Hansard. I don’t believe that specific clause…. I know we’ve discussed this particular clause in length. But the process itself, the questions that I received from planners and local elected officials in my community…. It still remains ambiguous.

I understand the minister would like to move forward quickly on this, and I will try to get through this as quickly as I can.

There are 353 mentions of “minister” in the Local Government Act. Can the minister provide the number of times that a minister has been referenced that is not the Minister of Municipal Affairs where that minister has not been specifically identified?

Hon. R. Kahlon: We’re unable to provide that number to him right now.

A. Walker: This clause grants a power to the minister. Which minister is responsible for that?

Hon. R. Kahlon: Leg. counsel makes that public once the bill has royal assent.

A. Walker: I’m under the impression that as legislators, we draft the law. I’m just wondering how leg. counsel makes it public which minister? Under this clause, when it says “the minister,” how is that made public?

Hon. R. Kahlon: The intention is this section to be for the Ministry of Housing, but it is published with legislation in B.C. Laws.

A. Walker: I understand that process. Through the Local Government Act, though, generally, when a minister has referenced, it is implying the minister responsible for the governance of the act. Otherwise, it is specifically identified as a minister responsible for the School Act, the Heritage Conservation Act, the Right to Farm Act, the Transportation Act, the Land Act.

Generally, when additions are made to the Local Government Act specific to a minister, it identifies which minister will be responsible. This particular clause just says “the minister,” and I’m just seeking clarity as to how that will be interpreted in the future. Could a future government, could any minister, take this new power?

[11:20 a.m.]

Hon. R. Kahlon: We canvassed this at length yesterday. It’s the Minister of Housing or whoever is responsible for the Ministry of Housing.

A. Olsen: Does the minister want to take the opportunity to amend this clause to reflect similar language so that it’s consistent throughout the Local Government Act?

Hon. R. Kahlon: We’re not bringing forward an amendment at this time.

A. Olsen: Basically, the minister is giving the only remedy to understand which minister is being referred to here. There’s an assumption that we can have in this — because we’re having a conversation with the Minister of Housing — but it might be eight months, 12 months, 24 months, 36 months down the road, where that clarity has not been sorted out. They’ll have to go back to Hansard to find out that this law, which the minister is wanting us to pass, refers to a minister that’s unnamed in the law.

Hon. R. Kahlon: I’ve already answered this question, Chair. Once it gets royal assent, it gets published in B.C. Laws’ books.

The Chair: Shall clause 15 pass?

Division has been called.

[11:25 a.m. - 11:30 a.m.]

Before restating the question, I remind all members that only the permanent members of Section A or their authorized substitutes may vote.

The question is: shall clause 15 pass?

Clause 15 approved on the following division:

YEAS — 8

Anderson

Bailey

Beare

Begg

Donnelly

Heyman

Kahlon

 

Sharma

NAYS — 6

Banman

Milobar

Olsen

Sturdy

Walker

Wat

On clause 16.

K. Kirkpatrick: Clause 16 is extending the requirement for the housing needs reports to five and 20 years. So my question to the minister is: how was 20 years chosen as a timeline? Why wasn’t that 15 years or 30 years? What was the basis of that?

[11:35 a.m.]

Hon. R. Kahlon: Thank you to the member for the question. This was canvassed at great length early on. It aligns with good planning practices. It was well agreed on by everyone that we talked to about good planning, and it aligns with what the regional growth strategies are right now. They go off of 20 years as well.

K. Kirkpatrick: Thank you to the minister for that.

When considering this, I would like to know what the minister and what the ministry are thinking in terms of what are the expectations of government on housing in B.C. for the next 20 years.

Hon. R. Kahlon: In the context of this legislation, our expectation is — our understanding would be — that housing needs reports will be done based on that.

Again, we canvassed this, I believe it was, last week. CMHC has their kinds of targets from the top level that they provide. But we believe that it’s going to be more effective if local governments do their analysis for 20 years. And because it’s standardized, we’ll be able to get a good sense from the ground up of what the need will be over 20 years.

A. Olsen: So the CMHC sets the high-level target, and then the local governments have to figure out how to achieve that locally. How is that connected regionally, subregionally and across the province?

Hon. R. Kahlon: My previous answer was about what CMHC does at a global scale. For example, the consultant that we’ve got, Urban Matters, that did the work for Sidney and Central Saanich, would do their analysis — or whoever comes in to do their analysis for a housing needs report — would do a projection for the local government based on B.C. Stats, Stats Canada, all the information that’s made public so that they can do their planning for 20 years.

A. Olsen: The district of Central Saanich has traditionally had a target in their official community plan for a 1 percent growth rate annually — to increase.

Now, I don’t believe that they’ve met that. I don’t think that they’ve hit that 1 percent growth rate. But I guess what I’m trying to understand is it seems like, from the minister’s answer, they can still set that as their target, 1 percent, and then they have to go about figuring that out. It’s hard to understand how that links with the global numbers, considering each municipality does their work kind of in a microcosm on their own.

Hon. R. Kahlon: Again, there’s no connection between the CMHC number. Local governments will be able to do their planning based on their 20-year number, based on B.C. Stats and all the data that they have available to them.

A. Olsen: Can a community, say, set it at zero, then? I mean, the minister is painting a picture that it goes from the ground up. So the municipality says our target for the next 20 years is zero percent growth, and we’re going to build a housing needs assessment report around that.

I’m struggling to understand how it is that all of these pieces of data and pieces of information link in order for that number…. You know, Sidney is different. They have not set a specific number that they want to target to reach. At least I couldn’t find it in their report.

I’m wondering how all of the pieces of information link to then inform the community about what their 20-year target is.

Hon. R. Kahlon: Yeah, thanks to the member for the question. There’s no way a community could have zero percent. The housing needs reports are based on all of the metrics that we canvassed yesterday and based off of B.C. Stats of what the projection of population growth is in each community.

A. Olsen: B.C. Stats breaks down the potential growth for each community in the province, or let’s just say each community that’s identified in the 85 currently. B.C. Stats has a number by which they need to grow in the next 20 years. That number is available?

[11:40 a.m.]

Hon. R. Kahlon: B.C. Stats is one part of it. We’ve canvassed, at great lengths, the other components, the five components that they have to consider in making their housing needs reports. Many of the companies that do this work, consultants that are brought in, now will be able to do it in a standardized way. When we collect that information, we’ll be able to see what the needs are, from the grassroots up.

A. Olsen: I recognize that we’ve canvassed this pretty extensively. The part that we canvassed extensively was that the communities have already identified a growth rate. As I said yesterday, the official community plan is done. They’ve identified a growth rate. They’ve identified the areas in geography as to where that growth rate should be targeted for. They’ve designated lands in order to accommodate that growth rate.

I have yet to have it made clear to me how it is that that connects — how Central Saanich connects with Saanich, connects with Victoria, connects with the capital region, how the capital region connects with the Lower Mainland and the most densely populated parts of this province and how Kamloops and Kelowna and Prince George fit in. If we don’t have an overall targeted growth rate and no sort of coordinated determination as to where we want those people to go, I’m not sure how it is that these communities are supposed to come up with what their portion of it needs to be.

They’re all working, like I said, in a microcosm to one another. Yes, we’ve got these five guidelines, but the problem is that the minister has just suggested there’s no linkage between them, other than some B.C. Stats and some Stats Canada data.

Hon. R. Kahlon: I appreciate, certainly for me and maybe for other members, going in and figuring out how the consultants come and model between ten and 20 years. We could be here for ten and 20 years.

There is expertise. For most communities, when they get a housing needs report — the member highlighted Central Saanich — there is expertise to help communities model 20 years out, based on the data that is available. That’s what we’re saying with this — that we are making it standardized so that all communities are planning for 20 years out.

A. Olsen: I mean, that’s essentially…. There’s a timeline now that the municipalities have. The ones that have just completed their official community planning processes have got their piece done. They got a bylaw freshly up­dated, as I was mentioning yesterday. It has their targets.

But I don’t know that the target the community has set is a target that has come from other information other than the community. Past official community plans have said that we’re going to grow about 1 percent per year.

That was the number when the official community plan was being approved right before the November 2008 municipal election that I got elected to the council in. They approved that the last meeting before that election. They approved the official community plan, and in that was: “We’re going to grow at about 1 percent per year.” And then they’ve actually built their plan to that number.

What I’m wondering is…. I think that because we don’t have it — and the minister can be frustrated that he has to explain this — in front of us, because he hasn’t provided it to our colleagues at local government, he has to understand that he is at least sharing frustration with hundreds and hundreds of other local government people who are trying to understand what it is that he is….

Maybe he can walk us through and have it on the record, so it’s there, what the intention is behind the process for this, from the beginning all the way through to the end of coming up with the housing needs, and how that informs the official community planning process. It sounds like what the minister is suggesting is backwards from what’s happened in Central Saanich traditionally. I’m just wondering how they, as one example, but others….

[11:45 a.m.]

Maybe I’m wrong. Maybe it’s not opposite from what Central Saanich has done. That would be good information too. It would help me understand the process, rather than just saying: “I’ve talked a lot about this. I don’t want to talk about it anymore.” “Let’s move on to a different section” is the feeling that I’m getting with this.

But the reality is that I think it’s worthwhile for the minister to articulate what his intention is so that at least people know before we pass this bill, rather than after the fact.

Hon. R. Kahlon: There are a few things there. The point I was making is that a lot of these questions are questions that we’ve canvassed. We’re canvassing the same questions over and over again. That was the point I was trying to make to the member.

I can’t speak to what happened on council when the member was there. I can’t remember the year, whenever it was.

The growth rate in population in B.C. is 3 percent. Planners, who are professionals at this, understand what it means to plan for five years to ten years to 20 years. They’ll be able to now have certainty that they’re planning for 20 years out. That’s what this clause does.

This clause says that communities will plan their housing needs reports for 20 years out. That’s what we’re saying in this legislation. Planners understand what that means. It’s part of best practice. It’s already happening. This is not something new. It’s happening in regional districts when they plan their growth plans. And now what it does is it aligns it across the province.

I mean, I can continue to answer that question as many times as the members like to raise it. But now I see the time has come short. So I move the committee rise, report progress and ask leave to sit again.

Motion approved.

The committee rose at 11:47 a.m.